109TH CONGRESS

2D SESSION S. 2767

AN ACT

To authorize appropriations for fiscal year 2007 for military

activities of the Department of Defense, to prescribe

personnel strengths for such fiscal year for the Armed

Forces, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Table of contents.

Sec. 2. Congressional defense committees.

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Subtitle B—Army Programs

Sec. 111. Limitation on availability of funds for the Joint Network Node.

Sec. 112. Comptroller General report on the contract for the Future Combat

Systems program.

Sec. 113. Reports on Army Modularity Initiative.

Sec. 114. Replacement equipment.

Subtitle C—Navy Programs

Sec. 121. CVN–21 class aircraft carrier procurement.

Sec. 122. Construction of first two vessels under the next-generation destroyer

program.

Sec. 123. Modification of limitation on total cost of procurement of CVN–77

aircraft carrier.

Subtitle D—Air Force Programs

Sec. 141. Procurement of Joint Primary Aircraft Training System aircraft

after fiscal year 2006.

Sec. 142. Prohibition on retirement of C–130E/H tactical airlift aircraft.

Sec. 143. Limitation on retirement of KC–135E aircraft.

Sec. 144. Limitation on retirement of B–52H bomber aircraft.

Sec. 145. Retirement of B–52H bomber aircraft.

Sec. 146. Funding for procurement of F–22A fighter aircraft.

Sec. 147. Multiyear procurement of F–119 engines for F–22A fighter aircraft.

Sec. 148. Multi-spectral imaging capabilities.

Sec. 149. Minuteman III Intercontinental Ballistic Missiles.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for science and technology.

Sec. 203. Amount for development and validation of warfighter rapid awareness

processing technology.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Independent estimate of costs of the Future Combat Systems.
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Sec. 212. Funding of defense science and technology programs.

Sec. 213. Hypersonics development.

Sec. 214. Trident sea-launched ballistic missiles.

Sec. 215. Arrow ballistic missile defense system.

Sec. 216. High Energy Laser Low Aspect Target Tracking.

Sec. 217. Advanced Aluminum Aerostructures Initiative.

Sec. 218. Legged mobility robotic research.

Sec. 219. Wideband Digital Airborne Electronic Sensing Array.

Sec. 220. Science and technology.

Subtitle C—Missile Defense Programs

Sec. 231. Availability of research, development, test, and evaluation funds for

fielding ballistic missile defense capabilities.

Sec. 232. Policy of the United States on priorities in the development, testing,

and fielding of missile defense capabilities.

Sec. 233. One-year extension of Comptroller General assessments of ballistic

missile defense programs.

Sec. 234. Submittal of plans for test and evaluation of the operational capability of the ballistic missile defense system.

Sec. 235. Annual reports on transition of ballistic missile defense programs to

the military departments.

Sec. 236. Testing and operations for missile defense.

Subtitle D—Other Matters

Sec. 251. Extension of requirement for Global Research Watch Program.

Sec. 252. Expansion and extension of authority to award prizes for advanced

technology achievements.

Sec. 253. Policies and practices on test and evaluation to address emerging acquisition approaches.

Sec. 254. Development of the propulsion system for the Joint Strike Fighter.

Sec. 255. Independent cost analyses for Joint Strike Fighter engine program.

Sec. 256. Sense of Senate on technology sharing of Joint Strike Fighter technology.

Sec. 257. Report on biometrics programs of the Department of Defense.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Other Department of Defense programs.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 311. Limitation on availability of funds for the Army Logistics Modernization Program.

Sec. 312. Availability of funds for exhibits for the national museums of the

Armed Forces.

Sec. 313. Limitation on financial management improvement and audit initiatives within the Department of Defense.

Sec. 314. Limitation on availability of operation and maintenance funds for the

management headquarters of the Defense Information Systems

Agency.

Sec. 315. Expansion of Junior Reserve Officers’ Training Corps program.
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Sec. 316. Infantry Combat Equipment.

Sec. 317. Individual First Aid Kit.

Sec. 318. Reading for the Blind and Dyslexic program of the Department of

Defense.

Sec. 319. Military training infrastructure improvements at Virginia Military Institute.

Sec. 320. Environmental documentation for beddown of F–22A aircraft at

Holloman Air Force Base, New Mexico.

Subtitle C—Environmental Provisions

Sec. 331. Response plan for remediation of military munitions.

Sec. 332. Extension of authority to grant exemptions to certain requirements.

Sec. 333. Research on effects of ocean disposal of munitions.

Sec. 334. Clarification of multi-year authority to use base closure funds to fund

cooperative agreements under Environmental Restoration Program.

Sec. 335. Reimbursement of Environmental Protection Agency for certain costs

in connection with Moses Lake Wellfield Superfund Site, Moses

Lake, Washington.

Subtitle D—Reports

Sec. 351. Comptroller General report on readiness of the ground forces of the

Army and the Marine Corps.

Sec. 352. National Academy of Sciences study on human exposure to contaminated drinking water at Camp Lejeune, North Carolina.

Sec. 353. Report on aerial training airspace requirements of the Department of

Defense.

Sec. 354. Report on actions to reduce Department of Defense consumption of

petroleum-based fuel.

Sec. 355. Reports on withdrawal or diversion of equipment from reserve units

for support of reserve units being mobilized and other units.

Sec. 356. Plan to replace equipment withdrawn or diverted from the reserve

components of the Armed Forces for Operation Iraqi Freedom

or Operation Enduring Freedom.

Sec. 357. Plan to replace equipment withdrawn or diverted from the reserve

components of the Armed Forces for Operation Iraqi Freedom

or Operation Enduring Freedom.

Sec. 358. Report on vehicle-based active protection systems for certain battlefield threats.

Sec. 359. Report on high altitude aviation training site, Eagle County, Colorado.

Sec. 360. Report on Air Force safety requirements for Air Force flight training

operations at Pueblo Memorial Airport, Colorado.

Sec. 360A. Report on use of alternative fuels by the Department of Defense.

Subtitle E—Workplace and Depot Issues

Sec. 361. Minimum capital investment levels for public depots serviced by working capital funds.

Sec. 362. Permanent exclusion of certain contract expenditures from percentage

limitation on the performance of depot-level maintenance.

Sec. 363. Additional exception to prohibition on contractor performance of firefighting functions.
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Sec. 364. Temporary security guard services for certain work caused by realignment of military installations under the base closure laws.

Subtitle F—Other Matters

Sec. 371. Recycling of military munitions.

Sec. 372. Incentives clauses in chemical demilitarization contracts.

Sec. 373. Extension of Department of Defense telecommunications benefit program.

Sec. 374. Extension of availability of funds for commemoration of success of

the Armed Forces in Operation Enduring Freedom and Operation Iraqi Freedom.

Sec. 375. Energy efficiency in weapons platforms.

Sec. 376. Chemical demilitarization program contracting authority.

Sec. 377. Utilization of fuel cells as back-up power systems in Department of

Defense operations.

Sec. 378. Prepositioning of Department of Defense assets to improve support

to civilian authorities.

Sec. 379. Recovery and availability to corporation for the promotion of rifle

practice and firearms safety of certain firearms, ammunition,

and parts.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Repeal of requirement for permanent end strength levels to support

two major regional contingencies.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the Reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2007 limitation on number of non-dual status technicians.

Sec. 415. Maximum number of reserve personnel authorized to be on active

duty for operational support.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Sec. 422. Armed Forces Retirement Home.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

PART I—OFFICER PERSONNEL POLICY GENERALLY

Sec. 501. Military status of officers serving in certain intelligence community

positions.

Sec. 502. Extension of temporary reduction of time-in-grade requirement for

eligibility for promotion for certain active-duty list officers in

grades of first lieutenant and lieutenant (junior grade).

Sec. 503. Extension of age limits for active-duty general and flag officers.

Sec. 504. Modification of authorities on senior members of the Judge Advocate

General’s Corps.
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Sec. 505. Requirement for significant joint experience for officers appointed as

Surgeon General of the Army, Navy, and Air Force.

Sec. 506. Grade and exclusion from active-duty general and flag officer distribution and strength limitations of officer serving as Attending Physician to the Congress.

Sec. 507. Discretionary separation and retirement of chief warrant officers, W–

4, twice failing selection for promotion.

Sec. 508. Increased mandatory retirement ages for reserve officers.

Sec. 509. Modification of qualifications for leadership of the Naval Postgraduate School.

PART II—OFFICER PROMOTION POLICY

Sec. 515. Promotions.

Sec. 516. Consideration of adverse information by promotion selection boards in

recommendations on officers to be promoted.

Sec. 517. Expanded authority for removal from reports of selection boards of

officers recommended for promotion to grades below general

and flag grades.

Sec. 518. Clarification of nondisclosure requirements applicable to promotion

selection board proceedings.

Sec. 519. Special selection board authorities.

Sec. 520. Removal from promotion lists of officers returned to the President by

the Senate.

Sec. 521. Report on joint officer promotion boards.

PART III—JOINT OFFICER MANAGEMENT REQUIREMENTS

Sec. 526. Modification and enhancement of general authorities on management

of joint qualified officers.

Sec. 527. Modification of promotion policy objectives for joint officers.

Sec. 528. Applicability of joint duty assignment requirements limited to graduates of National Defense University schools.

Sec. 529. Modification of definitions relating to jointness.

Sec. 530. Condition on appointment of commissioned officers to position of Director of National Intelligence or Director of the Central Intelligence Agency.

Subtitle B—Reserve Component Personnel Matters

Sec. 531. Enhanced flexibility in the management of reserve component personnel.

Sec. 532. Expansion of activities authorized for Reserves under Weapons of

Mass Destruction Civil Support Teams.

Sec. 533. Modification of authorities relating to the Commission on the National Guard and Reserves.

Sec. 534. Pilot program on reintegration of members of the National Guard

into civilian life after deployment.

Subtitle C—Military Justice and Related Matters

Sec. 551. Applicability of Uniform Code of Military Justice to members of the

Armed Forces ordered to active duty overseas in inactive duty

for training status.

Sec. 552. Clarification of application of Uniform Code of Military Justice during a time of war.
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Subtitle D—Education and Training Matters

Sec. 561. Detail of commissioned officers as students at medical schools.

Sec. 562. Expansion of eligibility to provide Junior Reserve Officers’ Training

Corps instruction.

Sec. 563. Increase in maximum amount of repayment under education loan repayment for officers in specified health professions.

Sec. 564. Increase in benefits under Health Professions Scholarship and Financial Assistance program.

Sec. 565. Report on Health Professions Scholarship and Financial Assistance

program.

Sec. 566. Expansion of instruction available at the Naval Postgraduate School

for enlisted members of the Armed Forces.

Sec. 567. Modification of actions to address sexual harassment and sexual violence at the service academies.

Sec. 568. Department of Defense policy on service academy and ROTC graduates seeking to participate in professional sports before completion of their active-duty service obligations.

Sec. 569. Review of legal status of Junior ROTC program.

Sec. 570. Junior Reserve Officers’ Training Corps instructor qualifications.

Sec. 570A. Modification of time limit for use of entitlement to educational assistance for reserve component members supporting contingency operations and other operations.

Subtitle E—Defense Dependents Education Matters

Sec. 571. Funding for assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of

Defense civilian employees.

Sec. 572. Impact aid for children with severe disabilities.

Sec. 573. Plan to assist local educational agencies experiencing growth in enrollment due to force structure changes, relocation of military

units, or BRAC.

Sec. 574. Pilot program on parent education to promote early childhood education for dependent children affected by military deployment

or relocation of military units.

Subtitle F—Other Matters

Sec. 581. Administration of oaths.

Sec. 582. Military ID cards for retiree dependents who are permanently disabled.

Sec. 583. Military voting matters.

Sec. 584. Presentation of Medal of Honor Flag to primary next of kin of Medal

of Honor recipients.

Sec. 585. Modification of effective period of authority to present recognition

items for recruitment and retention purposes.

Sec. 586. Military Severely Injured Center.

Sec. 587. Sense of Senate on notice to Congress of recognition of members of

the Armed Forces for extraordinary acts of bravery, heroism,

and achievement.

Sec. 588. Report on provision of electronic copy of military records on discharge or release of members from the Armed Forces.

Sec. 589. Purple Heart award eligibility.

Sec. 590. Comprehensive review on procedures of the Department of Defense

on Mortuary Affairs.
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Sec. 591. Report on omission of social security numbers on military identification cards.

Sec. 592. Funeral ceremonies for veterans.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Fiscal year 2007 increase in military basic pay and reform of basic

pay rates.

Sec. 602. Increase in maximum rate of basic pay for general and flag officer

grades.

Sec. 603. Clarification of effective date of prohibition on compensation for correspondence courses.

Sec. 604. One-year extension of prohibition against requiring certain injured

members to pay for meals provided by military treatment facilities.

Sec. 605. Additional housing allowance for Reserves on active duty in support

of a contingency operation.

Sec. 606. Extension of temporary continuation of housing allowance for dependents of members dying on active duty to spouses who are members of the uniformed services.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. Extension of certain bonus and special pay authorities for reserve

forces.

Sec. 612. Extension of certain bonus and special pay authorities for certain

health care professionals.

Sec. 613. Extension of special pay and bonus authorities for nuclear officers.

Sec. 614. Extension of authorities relating to payment of other bonuses and

special pays.

Sec. 615. Increase in special pay for Selected Reserve health care professionals

in critically short wartime specialties.

Sec. 616. Expansion and enhancement of accession bonus authorities for certain officers in health care specialities.

Sec. 617. Increase in nuclear career accession bonus for nuclear-qualified officers.

Sec. 618. Modification of certain authorities applicable to the targeted shaping

of the Armed Forces.

Sec. 619. Extension of pilot program on contributions to Thrift Savings Plan

for initial enlistees in the Army.

Sec. 620. Accession bonus for members of the Armed Forces appointed as commissioned officers after completing officer candidate school.

Sec. 621. Enhancement of bonus to encourage members of the Army to refer

other persons for enlistment in the Army.

Subtitle C—Travel and Transportation Allowances

Sec. 631. Expansion of payment of replacement value of personal property

damaged during transport at government expense.

Subtitle D—Retired Pay and Survivor Benefits

Sec. 641. Modification of Department of Defense contributions to Military Retirement Fund and government contributions to Medicare-Eligible Retiree Health Care Fund.
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Sec. 642. Repeal of requirement of reduction of SBP survivor annuities by dependency and indemnity compensation.

Sec. 643. Effective date of paid-up coverage under Survivor Benefit Plan.

Sec. 644. Expansion of conditions for direct payment of divisible retired pay.

Sec. 645. Authority for cost of living adjustments of retired pay treated as divisible property.

Sec. 646. Notice and copy to members of court orders on payment of retired

pay.

Sec. 647. Retention of assistive technology and devices by certain members of

the Armed Forces after separation from service.

Sec. 648. Renaming of death gratuity payable for deaths of members of the

Armed Forces as fallen hero compensation.

Sec. 649. Effective date of termination of phase-in of concurrent receipt for veterans with service-connected disabilities rated as total by virtue

of unemployability.

Sec. 650. Determination of retired pay base of general and flag officers based

on rates of basic pay provided by law.

Sec. 651. Inapplicability of retired pay multiplier maximum percentage to service of members of the Armed Forces in excess of 30 years.

Sec. 652. Modification of eligibility for commencement of authority for optional

annuities for dependents under the survivor benefit plan.

Sec. 653. Commencement of receipt of non-regular service retired pay by members of the Ready Reserve on active Federal status or active

duty for significant periods.

Subtitle E—Other Matters

Sec. 661. Audit of pay accounts of members of the Army evacuated from a

combat zone for inpatient care.

Sec. 662. Pilot Program on Troops to Nurse Teachers.

Sec. 663. Expansion and enhancement of authority to remit or cancel indebtedness of members of the Armed Forces.

Sec. 664. Exception for notice to consumer reporting agencies regarding debts

or erroneous payments pending a decision to waive, remit, or

cancel.

Sec. 665. Enhancement of authority to waive claims for overpayment of pay

and allowances.

Sec. 666. Terms of consumer credit extended to servicemember or

servicemember’s dependent.

Sec. 667. Joint family support assistance program.

Sec. 668. Improvement of management of Armed Forces Retirement Home.

Subtitle F—Transition Assistance for Members of the National Guard and

Reserve Returning From Deployment in Operation Iraqi Freedom or Operation Enduring Freedom

Sec. 681. Short title.

Sec. 682. Special working group on transition to civilian employment of members of the National Guard and Reserve returning from deployment in Operation Iraqi Freedom and Operation Enduring

Freedom.

Sec. 683. Office for employers and employment assistance organizations.

Sec. 684. Additional responsibilities of Department of Defense task force on

mental health relating to mental health of members of the National Guard and Reserve deployed in Operation Iraqi Freedom

and Operation Enduring Freedom.
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Sec. 685. Grants on assistance in community-based settings for members of the

National Guard and Reserve and their families after deployment in Operation Iraqi Freedom and Operation Enduring

Freedom.

Sec. 686. Longitudinal study on traumatic brain injury incurred by members

of the Armed Forces in Operation Iraqi Freedom and Operation Enduring Freedom.

Sec. 687. Training curricula for family caregivers on care and assistance for

members and former members of the Armed Forces with traumatic brain injury incurred in Operation Iraqi Freedom and

Operation Enduring Freedom.

TITLE VII—HEALTH CARE

Subtitle A—Benefits Matters

Sec. 701. Improved procedures for cancer screening for women.

Sec. 702. National mail-order pharmacy program.

Sec. 703. Availability under TRICARE of anesthesia for children in connection

with dental procedures for which dental anesthesia is inappropriate.

Sec. 704. TRICARE coverage for forensic examinations following sexual assaults and domestic violence.

Sec. 705. Prohibition on increase in fiscal year 2007 in enrollment fees for coverage under TRICARE Prime.

Sec. 706. Limitation on fiscal year 2007 increase in premiums for coverage

under TRICARE of members of reserve components who commit to continued service in Selected Reserve after release from

active duty.

Sec. 707. Temporary prohibition on increase in copayments under retail pharmacy system of pharmacy benefits program.

Sec. 708. Expansion of eligibility of members of the Selected Reserve for coverage under TRICARE.

Subtitle B—Planning, Programming, and Management

Sec. 721. Treatment of TRICARE Retail Pharmacy Network under Federal

procurement of pharmaceuticals.

Sec. 722. Relationship between the TRICARE program and employer-sponsored group health care plans.

Sec. 723. Enrollment in the TRICARE program.

Sec. 724. Incentive payments for the provision of services under the TRICARE

program in medically underserved areas.

Sec. 725. Standardization of claims processing under TRICARE program and

Medicare program.

Sec. 726. Requirements for support of military treatment facilities by civilian

contractors under TRICARE.

Sec. 727. Uniform standards for access to health care services for wounded or

injured servicemembers.

Sec. 728. Disease and chronic care management.

Sec. 729. Post-deployment health assessments for members of the Armed

Forces returning from deployment in support of a contingency

operation.

Sec. 730. Mental Health Self-Assessment Program.

Sec. 731. Additional authorized option periods for extension of current contracts under TRICARE.
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Sec. 732. Military vaccination matters.

Sec. 733. Enhanced mental health screening and services for members of the

Armed Forces.

Sec. 734. Education, training, and supervision of personnel providing special

education services under extended benefits under TRICARE.

Subtitle C—Studies and Reports

Sec. 741. Pilot projects on early diagnosis and treatment of Post Traumatic

Stress Disorder and other mental health conditions.

Sec. 742. Annual reports on certain medical malpractice cases.

Sec. 743. Comptroller General study on Department of Defense pharmacy benefits program.

Sec. 744. Comptroller General audits of Department of Defense health care

costs and cost-saving measures.

Sec. 745. Review of Department of Defense medical quality improvement program.

Sec. 746. Study of health effects of exposure to depleted uranium.

Subtitle D—Other Matters

Sec. 761. Extension of limitation on conversion of military medical and dental

positions to civilian medical and dental positions.

Sec. 762. Transfer of custody of the Air Force health study assets to Medical

Follow-Up Agency.

Sec. 763. Sense of Senate on the Transformational Medical Technology Initiative of the Department of Defense.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,

AND RELATED MATTERS

Subtitle A—Acquisition Policy and Management

Sec. 801. Additional certification requirements for major defense acquisition

programs.

Sec. 802. Extension and enhancement of Defense Acquisition Challenge Program.

Sec. 803. Baseline description and unit cost reports for major defense acquisition programs.

Sec. 804. Major automated information system programs.

Sec. 805. Adjustment of original baseline estimate for major defense acquisition

programs experiencing cost growth resulting from damage

caused by Hurricanes Katrina, Rita, and Wilma.

Sec. 806. Internal controls for procurements on behalf of the Department of

Defense by certain non-defense agencies.

Sec. 807. Regulations on use of fixed-price contracts in development programs.

Sec. 808. Availability of funds for performance-based logistics contracts for

weapon systems logistics support.

Sec. 809. Quality control in procurement of ship critical safety items and related services.

Sec. 810. Three-year extension of requirement for reports on commercial price

trend analyses of the Department of Defense.

Sec. 811. Pilot program on time-certain development in acquisition of major

weapon systems.

Sec. 812. Government performance of critical acquisition functions.

Subtitle B—Defense Industrial Base Matters
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Sec. 821. Removal of hand and measuring tools from certain requirements.

Sec. 822. Applicability of certain requirements regarding specialty metals.

Sec. 823. Waiver authority for domestic source or content requirements.

Sec. 824. Repeal of requirement for identification of essential military items

and military system essential item breakout list.

Sec. 825. Consistency with United States obligations under trade agreements.

Subtitle C—Defense Contractor Matters

Sec. 841. Requirements for defense contractors relating to certain former Department of Defense officials.

Sec. 842. Lead systems integrators.

Sec. 843. Linking of award and incentive fees to acquisition outcomes.

Sec. 844. Prohibition on excessive pass-through charges.

Sec. 845. Report on Department of Defense contracting with contractors or

subcontractors employing members of the Selective Reserve.

Subtitle D—Program Manager Matters

Sec. 861. Program manager empowerment and accountability.

Sec. 862. Tenure and accountability of program managers for program development periods.

Sec. 863. Tenure and accountability of program managers for program execution periods.

Sec. 864. Department of Defense plan for contingency program management.

Sec. 865. Comptroller General report.

Subtitle E—Other Matters

Sec. 871. Clarification of authority to carry out certain prototype projects.

Sec. 872. One-year extension of special temporary contract closeout authority.

Sec. 873. One-year extension of inapplicability of certain laws to contracting

with employers of persons with disabilities.

Sec. 874. Pilot program on expanded use of mentor-protege authority.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Duties and Functions of Department of Defense Officers and

Organizations

Sec. 901. United States Military Cancer Institute.

Sec. 902. Senior acquisition executive for special operations within staff of the

Assistant Secretary of Defense for Special Operations and Low

Intensity Conflict.

Sec. 903. United States Marine Band and United States Marine Drum and

Bugle Corps.

Sec. 904. Military deputies to the assistant secretaries of the military departments for acquisition, logistics, and technology matters.

Subtitle B—Space Activities

Sec. 911. Establishment of operationally responsive space capabilities.

Sec. 912. Extension of authority for pilot program on provision of space surveillance network services to non-United States Government entities.

Sec. 913. Independent review and assessment of Department of Defense organization and management for national security in space.
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Subtitle C—Other Matters

Sec. 921. Department of Defense policy on unmanned systems.

Sec. 922. Executive Schedule level IV for Deputy Under Secretary of Defense

for Logistics and Materiel Readiness.

Sec. 923. Three-year extension of joint incentives program on sharing of health

care resources by the Department of Defense and Department

of Veterans Affairs.

Sec. 924. Sense of Senate on nomination of individual to serve as Director of

Operational Test and Evaluation on a permanent basis.

Sec. 925. Inclusion of homeland defense and civil support missions of the National Guard and Reserves in the Quadrennial Defense Review.

Sec. 926. Reforms to the Defense Travel System to a Fee-For-Use-of-Service

System.

Sec. 927. Report on incorporation of elements of the reserve components into

the Special Forces.

Subtitle D—National Guard Bureau Matters

Sec. 931. Short title.

Sec. 932. Expanded authority of Chief of the National Guard Bureau and expanded functions of the National Guard Bureau.

Sec. 933. Requirement that position of Deputy Commander of the United

States Northern Command be filled by a qualified National

Guard officer.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Authorization of additional emergency supplemental appropriations

for fiscal year 2006.

Sec. 1003. Reduction in certain authorizations due to savings relating to lower

inflation.

Sec. 1004. Increase in fiscal year 2006 general transfer authority.

Sec. 1005. United States contribution to NATO common-funded budgets in fiscal year 2007.

Sec. 1006. Modification of date of submittal of OMB/CBO report on scoring of

outlays.

Sec. 1007. Prohibition on parking of funds.

Sec. 1008. Incorporation of Classified Annex.

Sec. 1009. Reports to Congress and notice to public on earmarks in funds

available to the Department of Defense.

Subtitle B—Naval Vessels

Sec. 1011. Repeal of requirement for 12 operational aircraft carriers within the

Navy.

Sec. 1012. Approval of transfer of naval vessels to foreign nations by vessel

class.

Sec. 1013. Naming of CVN–78 Aircraft Carrier as the U.S.S. Gerald Ford.

Sec. 1014. Authority to donate SS ARTHUR M. HUDDELL to the Government of Greece.

Subtitle C—Counterdrug Matters
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Sec. 1021. Extension of availability of funds for unified counterdrug and

counterterrorism campaign in Colombia.

Sec. 1022. Extension of authority of Department of Defense to provide additional support for counterdrug activities of other governmental

agencies.

Sec. 1023. Extension and expansion of certain authorities to provide additional

support for counterdrug activities.

Sec. 1024. Operation Bahamas, Turks & Caicos.

Subtitle D—Defense Intelligence and Related Matters

Sec. 1031. Two-year extension of authority to engage in commercial activities

as security for intelligence collection activities.

Sec. 1032. Annual report on intelligence oversight activities of the Department

of Defense.

Sec. 1033. Administration of pilot project on Civilian Linguist Reserve Corps.

Sec. 1034. Improvement of authorities on the National Security Education Program.

Sec. 1035. Collection by National Security Agency of service charges for certification or validation of information assurance products.

Sec. 1036. Funding for a certain military intelligence program.

Subtitle E—Defense Against Terrorism and Related Security Matters

Sec. 1041. Enhancement of authority to pay monetary rewards for assistance

in combating terrorism.

Sec. 1042. Use of the Armed Forces in major public emergencies.

Sec. 1043. Treatment under Freedom of Information Act of certain confidential

information shared with State and local personnel.

Sec. 1044. Temporary National Guard support for securing the southern land

border of the United States.

Subtitle F—Miscellaneous Authorities on Availability and Use of Funds

Sec. 1051. Acceptance and retention of reimbursement from non-Federal

sources to defray Department of Defense costs of conferences.

Sec. 1052. Minimum annual purchase amounts for airlift from carriers participating in the Civil Reserve Air Fleet.

Sec. 1053. Increased flexibility in use of funds for Joint Staff exercises.

Sec. 1054. Strengthening the Special Inspector General for Iraq Reconstruction.

Subtitle G—Report Matters

Sec. 1061. Report on clarification of prohibition on cruel, inhuman, or degrading treatment or punishment.

Sec. 1062. Reports on members of the Armed Forces and civilian employees of

the Department of Defense serving in the Legislative Branch.

Sec. 1063. Additional element in annual report on chemical and biological warfare defense.

Sec. 1064. Report on Local Boards of Trustees of the Armed Forces Retirement Home.

Sec. 1065. Repeal of certain report requirements.

Sec. 1066. Report on incentives to encourage certain members and former

members of the Armed Forces to serve in the Bureau of Customs and Border Protection.
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Sec. 1067. Report on reporting requirements applicable to the Department of

Defense.

Sec. 1068. Report on technologies for neutralizing or defeating threats to military rotary wing aircraft from portable air defense systems and

rocket propelled grenades.

Sec. 1069. Reports on Department of Justice efforts to investigate and prosecute cases of contracting abuse in Iraq, Afghanistan, and

throughout the war on terror.

Sec. 1070. Report on biodefense staffing and training requirements in support

of national biosafety laboratories.

Sec. 1070A. Annual report on acquisitions of articles, materials, and supplies

manufactured outside the United States.

Sec. 1070B. Annual report on foreign sales of significant military equipment

manufactured inside the United States.

Sec. 1070C. Report on feasibility of establishing regional combatant command

for Africa.

Sec. 1070D. Annual reports on expanded use of unmanned aerial vehicles in

the National Airspace System.

Subtitle H—Technical and Conforming Amendments

Sec. 1071. Uniform definition of national security system for certain Department of Defense purposes.

Sec. 1072. Conforming amendment relating to redesignation of Defense Communications Agency as Defense Information Systems Agency.

Sec. 1073. Technical amendment.

Subtitle I—Other Matters

Sec. 1081. National Foreign Language Coordination Council.

Sec. 1082. Support of successor organizations of the disestablished Interagency

Global Positioning System Executive Board.

Sec. 1083. Quadrennial Defense Review.

Sec. 1084. Sense of Congress on the commendable actions of the Armed

Forces.

Sec. 1085. Budgeting for ongoing military operations.

Sec. 1086. Court security improvements.

Sec. 1087. Sense of the Senate on destruction of chemical weapons.

Sec. 1088. Improved accountability for competitive contracting in hurricane recovery.

Sec. 1089. Protection of certain disclosures of information by Federal employees.

Sec. 1090. Sense of Congress regarding the men and women of the Armed

Forces of the United States in Iraq.

Sec. 1091. Extension of returning worker exemption.

Sec. 1092. Limitation on the United States share of assessments for United

Nations peacekeeping operations.

Sec. 1093. Termination of program.

Sec. 1094. Patent term extensions for the badges of the American Legion, the

American Legion Women’s Auxiliary, and the Sons of the

American Legion.

Sec. 1095. Availability of funds for South County Commuter Rail Project,

Providence, Rhode Island.

Sec. 1096. Sense of Congress on Iraq summit.
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TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

POLICY

Sec. 1101. Accrual of annual leave for members of the uniformed services on

terminal leave performing dual employment.

Sec. 1102. Strategy for improving the senior management, functional, and technical workforce of the Department of Defense.

Sec. 1103. Authority to equalize allowances, benefits, and gratuities of personnel on official duty in Iraq and Afghanistan.

Sec. 1104. Programs for use of leave by caregivers for family members of individuals performing certain military service.

Sec. 1105. Three-year extension of authority for experimental personnel management program for scientific and technical personnel.

TITLE XII—MATTERS RELATING TO OTHER NATIONS

Subtitle A—General Matters

Sec. 1201. Expansion of humanitarian and civic assistance to include communications and information capacity.

Sec. 1202. Modification of authorities relating to the Regional Defense

Counterterrorism Fellowship Program.

Sec. 1203. Logistic support of allied forces for combined operations.

Sec. 1204. Exclusion of petroleum, oil, and lubricants from limitations on

amount of liabilities the United States may accrue under acquisition and cross-servicing agreements.

Sec. 1205. Temporary authority to use acquisition and cross-servicing agreements to loan significant military equipment to foreign forces

in Iraq and Afghanistan for personnel protection and survivability.

Sec. 1206. Modification of authorities relating to the building of the capacity

of foreign military forces.

Sec. 1207. Participation of the Department of Defense in multinational military

centers of excellence.

Sec. 1208. Distribution of education and training materials and information

technology to enhance interoperability.

Sec. 1209. United States’ policy on the nuclear programs of Iran.

Sec. 1210. Modification of limitations on assistance under the American

Servicemembers’ Protection Act of 2002.

Sec. 1211. Sense of the Congress commending the Government of Iraq for affirming its position of no amnesty for terrorists who attack

United States Armed Forces.

Sec. 1212. Sense of Congress on the granting of amnesty to persons known to

have killed members of the Armed Forces in Iraq.

Sec. 1213. Annual reports on United States contributions to the United Nations.

Sec. 1214. North Korea.

Sec. 1215. Comprehensive strategy for Somalia.

Sec. 1216. Intelligence on Iran.

Sec. 1217. Reports on implementation of the Darfur Peace Agreement.

Subtitle B—Report Matters

Sec. 1221. Report on increased role and participation of multinational partners

in the United Nations Command in the Republic of Korea.
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Sec. 1222. Report on interagency operating procedures for stabilization and reconstruction operations.

Sec. 1223. Repeal of certain report requirements.

Sec. 1224. Reports on the Darfur Peace Agreement.

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES

OF THE FORMER SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Extension of temporary authority to waive limitation on funding for

chemical weapons destruction facility in Russia.

Sec. 1304. Removal of certain restrictions on provision of cooperative threat reduction assistance.

TITLE XIV—AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

Sec. 1401. Purpose.

Sec. 1402. Army procurement.

Sec. 1403. Marine Corps procurement.

Sec. 1404. Air Force procurement.

Sec. 1405. Operation and maintenance.

Sec. 1406. Defense Health Program.

Sec. 1407. Military personnel.

Sec. 1408. Joint Improvised Explosive Device Defeat Fund.

Sec. 1409. Classified programs.

Sec. 1410. Iraq Freedom Fund.

Sec. 1411. Treatment as additional authorizations.

Sec. 1412. Transfer authority.

Sec. 1413. Availability of funds.

Sec. 1414. Amount for procurement of hemostatic agents for use in the field.

Sec. 1415. Our Military Kids youth support program.

Sec. 1416. Joint Advertising, Market Research and Studies program.

Sec. 1417. Report.

Sec. 1418. Submittal to Congress of Department of Defense supplemental and

cost of war execution reports.

Sec. 1419. Limitation on availability of funds for certain purposes relating to

Iraq.

1 SEC. 2. CONGRESSIONAL DEFENSE COMMITTEES.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code.
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1 DIVISION A—DEPARTMENT OF

2 DEFENSE AUTHORIZATIONS

3 TITLE I—PROCUREMENT

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 101. ARMY.

7 Funds are hereby authorized to be appropriated for

8 fiscal year 2007 for procurement for the Army as follows:

9 (1) For aircraft, $3,457,329,000.

10 (2) For missiles, $1,428,859,000.

11 (3) For weapons and tracked combat vehicles,

12 $2,849,743,000.

13 (4) For ammunition, $2,036,785,000.

14 (5) For other procurement, $7,729,602,000.

15 SEC. 102. NAVY AND MARINE CORPS.

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 2007 for procurement for the Navy

18 as follows:

19 (1) For aircraft, $10,704,155,000.

20 (2) For weapons, including missiles and tor21 pedoes, $2,587,020,000.

22 (3) For shipbuilding and conversion,

23 $12,058,553,000.

24 (4) For other procurement, $5,045,516,000.
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1 (b) MARINE CORPS.—Funds are hereby authorized to

2 be appropriated for fiscal year 2007 for procurement for

3 the Marine Corps in the amount of $1,300,213,000.

4 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds

5 are hereby authorized to be appropriated for fiscal year

6 2007 for procurement of ammunition for the Navy and

7 the Marine Corps in the amount of $809,943,000.

8 SEC. 103. AIR FORCE.

9 Funds are hereby authorized to be appropriated for

10 fiscal year 2007 for procurement for the Air Force as fol11 lows:

12 (1) For aircraft, $12,004,096,000.

13 (2) For missiles, $4,224,145,000.

14 (3) For ammunition, $1,076,749,000.

15 (4) For other procurement, $15,434,586,000.

16 SEC. 104. DEFENSE-WIDE ACTIVITIES.

17 Funds are hereby authorized to be appropriated for

18 fiscal year 2007 for Defense-wide procurement in the

19 amount of $2,980,498,000.

20 Subtitle B—Army Programs

21 SEC. 111. LIMITATION ON AVAILABILITY OF FUNDS FOR

22 THE JOINT NETWORK NODE.

23 (a) LIMITATION.—Of the amount authorized to be

24 appropriated by section 101(5) for other procurement for

25 the Army and available for purposes of the procurement
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1 of the Joint Network Node, not more than 50 percent of

2 such amount may be available for such purposes until the

3 Secretary of the Army submits to the congressional de4 fense committees a report on the strategy of the Army

5 for the convergence of the Joint Network Node, the

6 Warfighter Information Network—Tactical, and the

7 Mounted Battle Command On-the-Move communications

8 programs.

9 (b) ELEMENTS.—The report described in subsection

10 (a) shall include a description of the acquisition plan re11 quired for the convergence described in that subsection,

12 including the implementation plan, schedule, and funding

13 of such acquisition plan.

14 (c) DEADLINE.—The report described in subsection

15 (a) shall be submitted under that subsection, if at all, not

16 later than March 15, 2007.

17 SEC. 112. COMPTROLLER GENERAL REPORT ON THE CON18 TRACT FOR THE FUTURE COMBAT SYSTEMS

19 PROGRAM.

20 (a) REPORT REQUIRED.—Not later than March 15,

21 2007, the Comptroller General of the United States shall

22 submit to the congressional defense committees a report

23 on the participation and activities of the lead systems inte24 grator in the Future Combat Systems (FCS) program
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1 under the contract of the Army for the Future Combat

2 Systems.

3 (b) ELEMENTS.—The report required by subsection

4 (a) shall include the following:

5 (1) A description of the responsibilities of the

6 lead systems integrator in managing the Future

7 Combat Systems program under the contract for the

8 Future Combat Systems, and an assessment of the

9 manner in which such responsibilities differ from the

10 typical responsibilities of a lead systems integrator

11 under acquisition contracts of the Department of

12 Defense.

13 (2) A description and assessment of the respon14 sibilities of the Army in managing the Future Com15 bat Systems program, including oversight of the ac16 tivities of the lead systems integrator and the deci17 sions made by the lead systems integrator.

18 (3) An assessment of the manner in which the

19 Army—

20 (A) ensures that the lead systems inte21 grator meets goals for the Future Combat Sys22 tems in a timely manner; and

23 (B) evaluates the extent to which such

24 goals are met.
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1 (4) An identification of the mechanisms in place

2 to ensure the protection of the interests of the

3 United States in the Future Combat Systems pro4 gram.

5 (5) An identification of the mechanisms in place

6 to mitigate organizational conflicts of interests with

7 respect to competition on Future Combat Systems

8 technologies and equipment under subcontracts

9 under the Future Combat Systems program.

10 SEC. 113. REPORTS ON ARMY MODULARITY INITIATIVE.

11 (a) REPORT BY SECRETARY OF THE ARMY.—

12 (1) REPORT REQUIRED.—Not later than March

13 15, 2007, the Secretary of the Army shall submit to

14 the congressional defense committees a report on the

15 modularity initiative of the Army.

16 (2) ELEMENTS.—The report required by this

17 subsection shall include the following:

18 (A) A description of the manner in which

19 the Army distinguishes costs under the

20 modularity initiative from costs of moderniza21 tion and reset.

22 (B) An identification, by line item, of the

23 amount of funds expended to date on the

24 modularity initiative.
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1 (C) An identification, by line item, of the

2 amount of funds the Army has budgeted and

3 programmed to date on the modularity initia4 tive.

5 (D) A detailed description on how

6 modularity equipment will be allocated to the

7 regular components and reserve components of

8 the Armed Forces by 2011, and a description of

9 any anticipated shortfalls in such allocation.

10 (E) A plan for further testing and evalua11 tion of modular designs, and a summary of any

12 lessons learned to date from modular brigades

13 that have been established, deployed to Iraq, or

14 both.

15 (b) ANNUAL COMPTROLLER GENERAL REPORTS.—

16 (1) REPORTS REQUIRED.—The Comptroller

17 General of the United States shall submit to the

18 congressional defense committees each year, not

19 later than 45 days after the date on which the budg20 et of the President is submitted to Congress for a

21 fiscal year under section 1105 of title 31, United

22 States Code, a report on the assessment of the

23 Comptroller General on the following:

24 (A) The progress of the Army in equipping

25 and manning modular units in the regular com-
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1 ponents and reserve components of the Armed

2 Forces.

3 (B) The use of funds by the Army for the

4 modularity initiative.

5 (C) The progress of the Army in con6 ducting further testing and evaluations of de7 signs under the modularity initiative.

8 (2) FIRST REPORT.—The first report required

9 under this subsection shall be submitted in conjunc10 tion with the budget for fiscal year 2008.

11 SEC. 114. REPLACEMENT EQUIPMENT.

12 (a) PRIORITY.—Priority for the distribution of new

13 and combat serviceable equipment, with associated sup14 port and test equipment for acting and reserve component

15 forces, shall be given to units scheduled for mission de16 ployment, employment first, or both regardless of compo17 nent.

18 (b) ALLOCATION.—In the amounts authorized to be

19 appropriated by section 101(5) for the procurement of re20 placement equipment, subject to subsection (a), priority

21 for the distribution of Army National Guard equipment

22 described in subsection (a) may be given to States that

23 have experienced a major disaster, as determined under

24 the Robert T. Stafford Disaster Relief and Emergency As25 sistance Act (42 U.S.C. 5121–5206), and may require re-
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1 placement equipment to respond to future emergencies/

2 disasters only after distribution of new and combat serv3 iceable equipment has been made in accordance with sub4 section (a).

5 Subtitle C—Navy Programs

6 SEC. 121. CVN–21 CLASS AIRCRAFT CARRIER PROCURE7 MENT.

8 (a) AVAILABILITY OF FUNDS FOR CVN–21 CLASS

9 AIRCRAFT CARRIERS.—Amounts authorized to be appro10 priated to Shipbuilding and Conversion, Navy, for pur11 poses of the construction of CVN–21 class aircraft carriers

12 shall be available in the fiscal year for which authorized

13 to be appropriated and the succeeding three fiscal years.

14 (b) AMOUNT AUTHORIZED FROM SCN ACCOUNT FOR

15 FISCAL YEAR 2007.—Of the amount authorized to be ap16 propriated by section 102(a)(3) for fiscal year 2007 for

17 Shipbuilding and Conversion, Navy, $834,100,000 shall be

18 available for advance procurement with respect to the

19 CVN–21 class aircraft carriers designated CVN–78,

20 CVN–79, and CVN–80.

21 (c) CONTRACT AUTHORITY.—

22 (1) ADVANCE PROCUREMENT.—The Secretary

23 of the Navy may enter into a contract during fiscal

24 year 2007 for advance procurement with respect to
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1 the CVN–21 class aircraft carriers designated CVN–

2 79 and CVN–80.

3 (2) CONSTRUCTION.—In the fiscal year imme4 diately following the last fiscal year of the contract

5 for advance procurement for a CVN–21 class air6 craft carrier referred to in paragraph (1), the Sec7 retary may enter into a contract for the construction

8 of such aircraft carrier to be funded in the fiscal

9 year of such contract for construction and the suc10 ceeding three fiscal years.

11 (d) CONDITION FOR OUT-YEAR CONTRACT PAY12 MENTS.—A contract entered into under subsection (b)

13 shall provide that any obligation of the United States to

14 make a payment under the contract for any subsequent

15 fiscal year is subject to the availability of appropriations

16 for that purpose for such subsequent fiscal year.

17 SEC. 122. CONSTRUCTION OF FIRST TWO VESSELS UNDER

18 THE NEXT-GENERATION DESTROYER PRO19 GRAM.

20 (a) AVAILABILITY OF FUNDS.—Of the amount au21 thorized to be appropriated by section 102(a)(3) for fiscal

22 year 2007 for Shipbuilding and Conversion, Navy,

23 $2,568,000,000 may be available for the construction of

24 the first two vessels under the next-generation destroyer

25 program.
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1 (b) CONTRACT AUTHORITY.—

2 (1) IN GENERAL.—The Secretary of the Navy

3 may in accordance with section 2306b of title 10,

4 United States Code, enter into a multiyear contract

5 beginning with the fiscal year 2007 program year

6 for procurement of each of the first two vessels

7 under the next-generation destroyer program.

8 (2) LIMITATION.—Not more than one contract

9 described in paragraph (1) may be awarded under

10 that paragraph to a single surface-combatant ship11 yard.

12 (3) DURATION ON PROCUREMENT.—Each con13 tract under paragraph (1) shall contemplate funding

14 for the procurement of a vessel under such contract

15 in fiscal years 2007 and 2008.

16 (4) CONDITION ON OUT-YEAR CONTRACT PAY17 MENTS.—A contract entered into under paragraph

18 (1) shall provide that any obligation of the United

19 States to make a payment under such contract for

20 any fiscal year after fiscal year 2007 is subject to

21 the availability of appropriations for that purpose

22 for such fiscal year.
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1 SEC. 123. MODIFICATION OF LIMITATION ON TOTAL COST

2 OF PROCUREMENT OF CVN–77 AIRCRAFT

3 CARRIER.

4 Section 122(f)(1) of the National Defense Authoriza5 tion Act for Fiscal Year 1998 (Public Law 105–85; 111

6 Stat. 1650) is amended by striking ‘‘$4,600,000,000 (such

7 amount being the estimated cost for the procurement of

8 the CVN–77 aircraft carrier in the March 1997 procure9 ment plan)’’ and inserting ‘‘$6,057,000,000’’.

10 Subtitle D—Air Force Programs

11 SEC. 141. PROCUREMENT OF JOINT PRIMARY AIRCRAFT

12 TRAINING SYSTEM AIRCRAFT AFTER FISCAL

13 YEAR 2006.

14 Any Joint Primary Aircraft Training System

15 (JPATS) aircraft procured after fiscal year 2006 shall be

16 procured through a contract under part 15 of the Federal

17 Acquisition Regulation (FAR), relating to acquisition of

18 items by negotiated contract (48 C.F.R. 15.000 et seq.),

19 rather than through a contract under part 12 of the Fed20 eral Acquisition Regulation, relating to acquisition of com21 mercial items (48 C.F.R. 12.000 et seq.).

22 SEC. 142. PROHIBITION ON RETIREMENT OF C–130E/H TAC23 TICAL AIRLIFT AIRCRAFT.

24 The Secretary of the Air Force shall not retire any

25 C–130E/H tactical airlift aircraft of the Air Force in fiscal

26 year 2007.
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1 SEC. 143. LIMITATION ON RETIREMENT OF KC–135E AIR2 CRAFT.

3 The Secretary of the Air Force shall ensure that the

4 number, if any, of KC–135E aircraft of the Air Force that

5 is retired in fiscal year 2007 does not exceed 29 such air6 craft.

7 SEC. 144. LIMITATION ON RETIREMENT OF B–52H BOMBER

8 AIRCRAFT.

9 The Secretary of the Air Force shall ensure that the

10 number, if any, of B–52H bomber aircraft of the Air

11 Force that is retired in fiscal year 2007 does not exceed

12 18 such aircraft.

13 SEC. 145. RETIREMENT OF B–52H BOMBER AIRCRAFT.

14 (a) LIMITATION ON RETIREMENT PENDING REPORT

15 ON BOMBER FORCE STRUCTURE.—No funds authorized

16 to be appropriated for the Department of Defense may

17 be obligated or expended for retiring or dismantling any

18 of the 93 B–52H bomber aircraft in service in the Air

19 Force as of June 1, 2006, until 30 days after the Sec20 retary of the Air Force transmits to the Committees on

21 Armed Services of the Senate and the House of Represent22 atives a report on the bomber force structure of the Air

23 Force meeting the requirements of subsection (b).

24 (b) ELEMENTS.—

25 (1) IN GENERAL.—A report under subsection

26 (a) shall set forth the following:
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1 (A) The plan of the Air Force for the mod2 ernization of the B–52H bomber aircraft fleet.

3 (B) The plans of the Air Force for the

4 modernization of the balance of the bomber

5 force structure.

6 (C) The amount and type of bombers in

7 the bomber force structure that is appropriate

8 to meet the requirements of the national secu9 rity strategy of the United States.

10 (D) A justification of the cost and pro11 jected savings of any reductions to the B–52H

12 bomber aircraft fleet as a result of the retire13 ment or dismantlement of the B–52H bomber

14 aircraft covered by the report.

15 (E) The life expectancy of each bomber

16 aircraft to remain in the bomber force struc17 ture.

18 (F) The date by which any new bomber

19 aircraft must reach initial operational capability

20 and the capabilities of the bomber force struc21 ture that would be replaced or superseded by

22 any new bomber aircraft.

23 (2) AMOUNT AND TYPE OF BOMBER FORCE

24 STRUCTURE DEFINED.—In this subsection, the term

25 ‘‘amount and type of bomber force structure’’ means
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1 the number of B–2 bomber aircraft, B–52H bomber

2 aircraft, and B–1 bomber aircraft that are required

3 to carry out the national security strategy of the

4 United States.

5 (c) PREPARATION OF REPORT.—A report under this

6 section shall be prepared and submitted by the Institute

7 of Defense Analysis to the Secretary of the Air Force for

8 transmittal by the Secretary in accordance with subsection

9 (a).

10 SEC. 146. FUNDING FOR PROCUREMENT OF F–22A FIGHTER

11 AIRCRAFT.

12 (a) PROHIBITION ON USE OF INCREMENTAL FUND13 ING.—The Secretary of the Air Force shall not use incre14 mental funding for the procurement of F–22A fighter air15 craft.

16 (b) MULTIYEAR PROCUREMENT.—The Secretary of

17 the Air Force may, in accordance with section 2306b of

18 title 10, United States Code, enter into a multiyear con19 tract beginning with the fiscal year 2007 program year

20 for procurement of not more than 60 F–22A fighter air21 craft.

22 SEC. 147. MULTIYEAR PROCUREMENT OF F–119 ENGINES

23 FOR F–22A FIGHTER AIRCRAFT.

24 The Secretary of the Air Force may, in accordance

25 with section 2306b of title 10, United States Code, enter
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1 into a multiyear contract beginning with the fiscal year

2 2007 program year for procurement of the following:

3 (1) Not more than 120 F–119 engines for F–

4 22A fighter aircraft.

5 (2) Not more than 13 spare F–119 engines for

6 F–22A fighter aircraft.

7 SEC. 148. MULTI-SPECTRAL IMAGING CAPABILITIES.

8 (a) FINDINGS.—The Senate makes the following

9 findings:

10 (1) The budget of the President for fiscal year

11 2007, as submitted to Congress under section

12 1105(a) of title 31, United States Code, and the

13 current Future-Years Defense Program adopts an

14 Air Force plan to retire the remaining fleet of U–

15 2 aircraft by 2011.

16 (2) This retirement would eliminate the multi17 spectral capability provided by the electro-optical/in18 frared (EO/IR) Senior Year Electro-optical Recon19 naissance System (SYERS–2) high-altitude imaging

20 system.

21 (3) The system referred to in paragraph (2)

22 provides high-resolution, long-range, day-and-night

23 image intelligence.

24 (4) The infrared capabilities of the system re25 ferred to in paragraph (2) can defeat enemy efforts
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1 to use camouflage or concealment, as well as provide

2 images through poor visibility and smoke.

3 (5) Although the Air Force has previously rec4 ognized the military value of Senior Year Electro-op5 tical Reconnaissance System sensors, the Air Force

6 has no plans to migrate this capability to any plat7 form remaining in the fleet.

8 (6) The Air Force could integrate such capabili9 ties onto the Global Hawk platform to retain this ca10 pability for combatant commanders.

11 (7) The Nation risks a loss of an important in12 telligence gathering capability if this capability is not

13 transferred to another platform.

14 (b) SENSE OF SENATE.—It is the sense of the Senate

15 that the Air Force should investigate ways to retain the

16 multi-spectral imaging capabilities provided by the Senior

17 Year Electro-optical Reconnaissance System high-altitude

18 imaging system after the retirement of the U–2 aircraft

19 fleet.

20 (c) REPORT REQUIREMENT.—The Secretary of the

21 Air Force shall submit to the congressional defense com22 mittees, at the same time the budget of the President for

23 fiscal year 2008 is submitted to Congress under section

24 1105(a) of title 31, United States Code, a plan for migrat25 ing the capabilities provided by the Senior Year Electro-
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1 optical Reconnaissance System high-altitude imaging sys2 tem from the U–2 aircraft to the Global Hawk platform

3 before the retirement of the U–2 aircraft fleet in 2011.

4 SEC. 149. MINUTEMAN III INTERCONTINENTAL BALLISTIC

5 MISSILES.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) In the Joint Explanatory Statement of the

9 Committee of Conference on H.R. 1815, the Na10 tional Defense Authorization Act for Fiscal Year

11 2006, the conferees state that the policy of the

12 United States ‘‘is to deploy a force of 500 ICBMs’’.

13 The conferees further note ‘‘that unanticipated stra14 tegic developments may compel the United States to

15 make changes to this force structure in the future.’’.

16 (2) The Quadrennial Defense Review (QDR)

17 conducted under section 118 of title 10, United

18 States Code, in 2005 finds that maintaining a ro19 bust nuclear deterrent ‘‘remains a keystone of

20 United States national power’’. However, notwith21 standing that finding and without providing any spe22 cific justification for the recommendation, the Quad23 rennial Defense Review recommends reducing the

24 number of deployed Minuteman III Intercontinental

25 Ballistic Missiles (ICBMs) from 500 to 450 begin-
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1 ning in fiscal year 2007. The Quadrennial Defense

2 Review also fails to identify what unanticipated stra3 tegic developments compelled the United States to

4 reduce the Intercontinental Ballistic Missile force

5 structure.

6 (3) The commander of the Strategic Command,

7 General James Cartwright, testified before the Com8 mittee on Armed Services of the Senate that the re9 duction in deployment of Minuteman III Interconti10 nental Ballistic Missiles is required so that the 50

11 missiles withdrawn from the deployed force could be

12 used for test assets and spares to extend the life of

13 the Minuteman III Intercontinental Ballistic Missile

14 well into the future. If spares are not modernized,

15 the Air Force may not have sufficient replacement

16 missiles to sustain the force size.

17 (b) MODERNIZATION OF INTERCONTINENTAL BAL18 LISTIC MISSILES REQUIRED.—The Air Force shall mod19 ernize Minuteman III Intercontinental Ballistic Missiles in

20 the United States inventory as required to maintain a suf21 ficient supply of launch test assets and spares to sustain

22 the deployed force of such missiles through 2030.

23 (c) LIMITATION ON TERMINATION OF MODERNIZA24 TION PROGRAM PENDING REPORT.—No funds authorized

25 to be appropriated for the Department of Defense may
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1 be obligated or expended for the termination of any Min2 uteman III ICBM modernization program, or for the with3 drawal of any Minuteman III Intercontinental Ballistic

4 Missile from the active force, until 30 days after the Sec5 retary of Defense submits to the congressional defense

6 committees a report setting forth the following:

7 (1) A detailed strategic justification for the pro8 posal to reduce the Minuteman III Intercontinental

9 Ballistic Missile force from 500 to 450 missiles, in10 cluding an analysis of the effects of the reduction on

11 the ability of the United States to assure allies and

12 dissuade potential competitors.

13 (2) A detailed analysis of the strategic ramifica14 tions of continuing to equip a portion of the Minute15 man III Intercontinental Ballistic Missile force with

16 multiple independent warheads rather than single

17 warheads as recommended by past reviews of the

18 United States nuclear posture.

19 (3) An assessment of the test assets and spares

20 required to maintain a force of 500 deployed Min21 uteman III Intercontinental Ballistic Missiles

22 through 2030.

23 (4) An assessment of the test assets and spares

24 required to maintain a force of 450 deployed Min-
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1 uteman III Intercontinental Ballistic Missiles

2 through 2030.

3 (5) An inventory of currently available Minute4 man III Intercontinental Ballistic Missile test assets

5 and spares.

6 (6) A plan to sustain and complete the mod7 ernization of all deployed and spare Minuteman III

8 Intercontinental Ballistic Missiles, a test plan, and

9 an analysis of the funding required to carry out

10 modernization of all deployed and spare Minuteman

11 III Intercontinental Ballistic Missiles.

12 (7) An assessment of whether halting upgrades

13 to the Minuteman III Intercontinental Ballistic Mis14 siles withdrawn from the deployed force would com15 promise the ability of those missiles to serve as test

16 assets.

17 (8) A description of the plan of the Department

18 of Defense for extending the life of the Minuteman

19 III Intercontinental Ballistic Missile force beyond

20 fiscal year 2030.

21 (d) REMOTE VISUAL ASSESSMENT.—

22 (1) ADDITIONAL AMOUNT FOR RESEARCH, DE23 VELOPMENT, TEST, AND EVALUATION, AIR FORCE.—

24 The amount authorized to be appropriated by sec25 tion 201(3) for research, development, test, and
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1 evaluation for the Air Force is hereby increased by

2 $5,000,000.

3 (2) AVAILABILITY OF AMOUNT.—Of the amount

4 authorized to be appropriated by section 201(3) for

5 research, development, test, and evaluation for the

6 Air Force, as increased by paragraph (1),

7 $5,000,000 may be available for ICBM Security

8 Modernization (PE #0604851) for Remote Visual

9 Assessment for security for silos for intercontinental

10 ballistic missiles (ICBMs).

11 (3) OFFSET.—The amount authorized to be ap12 propriated by section 103(2) for procurement of mis13 siles for the Air Force is hereby reduced by

14 $5,000,000, with the amount of the reduction to be

15 allocated to amounts available for the Evolved Ex16 pendable Launch Vehicle.

17 (e) ICBM MODERNIZATION PROGRAM DEFINED.—In

18 this section, the term ‘‘ICBM Modernization program’’

19 means each of the following for the Minuteman III Inter20 continental Ballistic Missile:

21 (1) The Guidance Replacement Program

22 (GRP).

23 (2) The Propulsion Replacement Program

24 (PRP).
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1 (3) The Propulsion System Rocket Engine

2 (PSRE) program.

3 (4) The Safety Enhanced Reentry Vehicle

4 (SERV) program.

5 TITLE II—RESEARCH, DEVELOP6 MENT, TEST, AND EVALUA7 TION

8 Subtitle A—Authorization of

9 Appropriations

10 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

11 Funds are hereby authorized to be appropriated for

12 fiscal year 2007 for the use of the Department of Defense

13 for research, development, test, and evaluation as follows:

14 (1) For the Army, $11,151,009,000.

15 (2) For the Navy, $17,451,823,000.

16 (3) For the Air Force, $24,400,857,000.

17 (4) For Defense-wide activities,

18 $21,160,459,000, of which $181,520,000 is author19 ized for the Director of Operational Test and Eval20 uation.

21 SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

22 (a) AMOUNT FOR PROJECTS.—Of the total amount

23 authorized to be appropriated by section 201,

24 $11,468,959,000 shall be available for science and tech25 nology projects.
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1 (b) SCIENCE AND TECHNOLOGY DEFINED.—In this

2 section, the term ‘‘science and technology project’’ means

3 work funded in program elements for defense research, de4 velopment, test, and evaluation under Department of De5 fense budget activities 1, 2, or 3.

6 SEC. 203. AMOUNT FOR DEVELOPMENT AND VALIDATION

7 OF WARFIGHTER RAPID AWARENESS PROC8 ESSING TECHNOLOGY.

9 (a) INCREASE IN AMOUNT FOR RESEARCH, DEVEL10 OPMENT, TEST, AND EVALUATION FOR THE NAVY.—The

11 amount authorized to be appropriated by section 201(2)

12 for research, development, test, and evaluation for the

13 Navy is hereby increased by $4,000,000.

14 (b) AVAILABILITY OF AMOUNT.—Of the amount au15 thorized to be appropriated by section 201(2) for research,

16 development, test, and evaluation for the Navy, as in17 creased by subsection (a), $4,000,000 may be available for

18 the development, validation, and demonstration of

19 warfighter rapid awareness processing technology for dis20 tributed operations within the Marine Corps Landing

21 Force Technology program.

22 (c) OFFSET.—The amount authorized to be appro23 priated by section 421 for military personnel is hereby de24 creased by $4,000,000, due to unexpended obligations, if

25 available.
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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions

4 SEC. 211. INDEPENDENT ESTIMATE OF COSTS OF THE FU5 TURE COMBAT SYSTEMS.

6 (a) LIMITATION ON AVAILABILITY OF FUNDS FOR

7 CERTAIN ACTIVITIES.—Of the amount authorized to be

8 appropriated by this title and available for the Future

9 Combat Systems (FCS) for purposes of system of systems

10 engineering and program management for the Future

11 Combat Systems, an amount equal to $500,000,000 of

12 such amount may not be obligated and expended for such

13 purposes until the Secretary of Defense submits to the

14 congressional defense committees the report required by

15 subsection (b)(4).

16 (b) INDEPENDENT ESTIMATE REQUIRED.—

17 (1) IN GENERAL.—The Secretary of Defense

18 shall provide for the preparation of an independent

19 estimate of the anticipated costs of systems develop20 ment and demonstration with respect to the Future

21 Combat Systems.

22 (2) CONDUCT OF ESTIMATE.—The estimate re23 quired by this subsection shall be prepared by a fed24 erally funded research and development center se-
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1 lected by the Secretary for purposes of this sub2 section.

3 (3) MATTERS TO BE ADDRESSED.—The inde4 pendent estimate prepared under this subsection

5 shall address costs of research, development, test,

6 and evaluation, and costs of procurement, for—

7 (A) the system development and dem8 onstration phase of the core Future Combat

9 Systems;

10 (B) the Future Combat Systems tech11 nologies to be incorporated into the equipment

12 of the current force of the Army (often referred

13 to as ‘‘spinouts’’);

14 (C) the installation kits for the incorpora15 tion of such technologies into such equipment;

16 (D) the systems treated as complementary

17 systems for the Future Combat Systems;

18 (E) science and technology initiatives that

19 support the Future Combat Systems program;

20 and

21 (F) any pass-through charges anticipated

22 to be assessed by the lead systems integrator of

23 the Future Combat Systems and its major sub24 contractors.
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1 (4) SUBMITTAL TO CONGRESS.—Upon comple2 tion of the independent estimate required by this

3 subsection, the Secretary shall submit to the con4 gressional defense committees a report on the esti5 mate.

6 (5) DEADLINE FOR SUBMITTAL.—The report

7 described in paragraph (4) shall be submitted not

8 later than the date of the submittal to Congress of

9 the budget of the President for fiscal year 2008 (as

10 submitted to Congress under section 1105(a) of title

11 31, United States Code).

12 (c) PASS-THROUGH CHARGE DEFINED.—In this sec13 tion, the term ‘‘pass-through charge’’ has the meaning

14 given that term in section 805(c)(5) of the National De15 fense Authorization Act for Fiscal Year 2006 (Public Law

16 109–163; 119 Stat. 3373).

17 SEC. 212. FUNDING OF DEFENSE SCIENCE AND TECH18 NOLOGY PROGRAMS.

19 (a) EXTENSION OF FUNDING OBJECTIVE.—Sub20 section (b) of section 212 of the National Defense Author21 ization Act for Fiscal Year 2000 (10 U.S.C. 2501 note)

22 is amended by striking ‘‘through 2009’’ and inserting

23 ‘‘through 2012’’.
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1 (b) ACTIONS FOLLOWING FAILURE TO COMPLY

2 WITH OBJECTIVE.—Such section is further amended by

3 adding at the end the following new subsection:

4 ‘‘(c) ACTIONS FOLLOWING FAILURE TO COMPLY

5 WITH OBJECTIVE.—(1) If the proposed budget for a fiscal

6 year covered by subsection (b) fails to comply with the

7 objective set forth in that subsection, the Secretary of De8 fense shall submit to the congressional defense

9 committees—

10 ‘‘(A) a detailed, prioritized list, including esti11 mates of required funding, of highly-rated, peer-re12 viewed science and technology projects received by

13 the Department through competitive solicitations

14 and broad agency announcements which—

15 ‘‘(i) are not funded solely due to lack of re16 sources, but

17 ‘‘(ii) represent science and technology op18 portunities that support the research and devel19 opment programs and goals of the military de20 partments and the Defense Agencies; and

21 ‘‘(B) a report, in both classified and unclassi22 fied form, containing an analysis and evaluation of

23 international research and technology capabilities,

24 including an identification of any technology areas in

25 which the United States will not have global tech-
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1 nical leadership within the next five years, in each

2 of the technology areas described in the following

3 plans:

4 ‘‘(i) The most current Joint Warfighting

5 Science and Technology Plan required by sec6 tion 270 of the National Defense Authorization

7 Act for Fiscal Year 1997 (10 U.S.C. 2501

8 note).

9 ‘‘(ii) The Defense Technology Area Plan of

10 the Department of Defense.

11 ‘‘(iii) The Basic Research Plan of the De12 partment of Defense.

13 ‘‘(2)(A) The list required by paragraph (1)(A) for a

14 fiscal year in which the budget for such fiscal year fails

15 to comply with the objective in subsection (b) shall be sub16 mitted together with the Department of Defense budget

17 justification materials submitted to Congress under sec18 tion 1105 of title 31, United States Code, with the budget

19 for the next fiscal year.

20 ‘‘(B) The report required by paragraph (1)(B) for a

21 fiscal year in which the budget for such fiscal year fails

22 to comply with the objective in subsection (b) shall be sub23 mitted not later than the six months after the submittal

24 of the Department of Defense budget justification mate25 rials that are submitted to Congress under section 1105
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1 of title 31, United States Code, with the budget for the

2 next fiscal year.’’.

3 SEC. 213. HYPERSONICS DEVELOPMENT.

4 (a) ESTABLISHMENT OF JOINT TECHNOLOGY OF5 FICE ON HYPERSONICS.—The Secretary of Defense shall

6 establish within the Office of the Secretary of Defense a

7 joint technology office on hypersonics. The office shall

8 carry out the program required under subsection (b), and

9 shall have such other responsibilities relating to

10 hypersonics as the Secretary shall specify.

11 (b) PROGRAM ON HYPERSONICS.—The joint tech12 nology office established under subsection (a) shall carry

13 out a program for the development of hypersonics for de14 fense purposes.

15 (c) RESPONSIBILITIES.—In carrying out the program

16 required by subsection (b), the joint technology office es17 tablished under subsection (a) shall do the following:

18 (1) Coordinate and integrate the research, de19 velopment, test, and evaluation programs and sys20 tem demonstration programs of the Department of

21 Defense on hypersonics.

22 (2) Undertake appropriate actions to ensure—

23 (A) close and continuous integration of the

24 programs on hypersonics of the military depart-
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1 ments with the programs on hypersonics of the

2 Defense Agencies; and

3 (B) coordination of the programs referred

4 to in subparagraph (A) with the programs on

5 hypersonics of the National Aeronautics and

6 Space Administration.

7 (3) Approve demonstration programs on

8 hypersonic systems.

9 (4) Ensure that any demonstration program on

10 hypersonic systems that is carried out in any year

11 after its approval under paragraph (3) is carried out

12 only if certified under subsection (e) as being con13 sistent with the roadmap under subsection (d).

14 (d) ROADMAP.—

15 (1) ROADMAP REQUIRED.—The joint technology

16 office established under subsection (a) shall, in co17 ordination with the Joint Staff and the National

18 Aeronautics and Space Administration, develop a

19 roadmap for the hypersonics programs of the De20 partment of Defense.

21 (2) ELEMENTS.—The roadmap shall include

22 the following matters:

23 (A) Short-term, mid-term, and long-term

24 goals for the Department of Defense on

25 hypersonics which shall be consistent with the
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1 missions and anticipated requirements of the

2 Department over the applicable period.

3 (B) Acquisition transition plans for

4 hypersonics.

5 (C) Anticipated mission requirements for

6 hypersonics.

7 (D) A schedule for meeting such goals, in8 cluding the activities and funding anticipated to

9 be required for meeting such goals.

10 (3) SUBMITTAL TO CONGRESS.—The Secretary

11 shall submit the roadmap to the congressional de12 fense committees at the same time as the submittal

13 to Congress of the budget for fiscal year 2008 (as

14 submitted pursuant to section 1105 of title 31,

15 United States Code).

16 (e) ANNUAL REVIEW AND CERTIFICATION OF FUND17 ING.—

18 (1) ANNUAL REVIEW.—The joint technology of19 fice established under subsection (a) shall conduct

20 on an annual basis a review of the funding available

21 for research, development, test, and evaluation and

22 demonstration programs of the Department of De23 fense on hypersonics in order to determine whether

24 or not such funding and programs are consistent

25 with the roadmap developed under subsection (d).
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1 (2) CERTIFICATION.—The joint technology of2 fice shall, as a result of each review under para3 graph (1), certify to the Secretary whether or not

4 the funding and programs subject to such review are

5 consistent with the roadmap developed under sub6 section (d).

7 (3) TERMINATION.—The requirements of this

8 subsection shall terminate after the submittal to

9 Congress of the budget for fiscal year 2012 pursu10 ant to section 1105 of title 31, United States Code.

11 (f) REPORTS TO CONGRESS.—If, as a result of a re12 view under subsection (e), funding or a program on

13 hypersonics is certified under that subsection not to be

14 consistent with the roadmap developed under subsection

15 (d), the Secretary shall submit to Congress a report on

16 such funding or program, as the case may be, together

17 with a statement of the actions to be taken to make such

18 funding or program, as the case may be, consistent with

19 the roadmap.

20 (g) HYPERSONICS DEFINED.—In this section, the

21 term ‘‘hypersonics’’ means aircraft and missiles capable

22 of travelling at speeds in excess of Mach 5.

23 SEC. 214. TRIDENT SEA-LAUNCHED BALLISTIC MISSILES.

24 (a) LIMITATION ON AVAILABILITY OF FUNDS.—
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), none of the funds authorized to be appro3 priated by this Act for the Conventional Trident

4 Modification (CTM) program may be obligated or

5 expended for the development or modification of the

6 Trident D–5 sea-launched ballistic missile until 30

7 days after the date on which the report required by

8 subsection (b) is submitted to the congressional de9 fense committees.

10 (2) EXCEPTION.—Paragraph (1) shall not

11 apply with respect to amounts authorized to be ap12 propriated by section 201(2) for research, develop13 ment, test, and evaluation, Navy, and available for

14 Advanced Conventional Strike Capability (PE

15 #64327N) in an amount not to exceed $32,000,000.

16 (b) REPORT.—

17 (1) REPORT REQUIRED.—The Secretary of De18 fense shall, in consultation with the Secretary of

19 State, submit to the congressional defense commit20 tees a report setting forth a proposal to replace nu21 clear warheads on twenty-four Trident D–5 sea22 launched ballistic missiles with conventional kinetic

23 warheads for deployment on submarines that carry

24 Trident sea-launched ballistic missiles.
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1 (2) ELEMENTS.—The report required by para2 graph (1) shall include the following:

3 (A) A description of the types of scenarios,

4 types of targets, and circumstances in which a

5 conventional sea-launched ballistic missile would

6 be used.

7 (B) A discussion of the weapon systems or

8 weapons, whether current or planned, that

9 could be used as an alternative for each of the

10 scenarios, target types, and circumstances set

11 forth under subparagraph (A), and a statement

12 of any reason why each is not a suitable alter13 native to a conventional sea-launched ballistic

14 missile.

15 (C) A description of the command and con16 trol arrangements for conventional sea-launched

17 ballistic missiles, including launch authority and

18 the use of Permissive Action Links (PALs).

19 (D) An assessment of the capabilities of

20 other countries to detect and track the launch

21 of a conventional or nuclear sea-launched bal22 listic missile.

23 (E) An assessment of the capabilities of

24 other countries to discriminate between the

25 launch of a nuclear sea-launched ballistic mis-
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1 sile and a conventional sea-launched ballistic

2 missile, other than in a testing scenario.

3 (F) An assessment of the notification and

4 other protocols that would have to be in place

5 prior to using any conventional sea-launched

6 ballistic missile and a plan for entering into

7 such protocols.

8 (G) An assessment of the adequacy of the

9 intelligence that would be needed to support an

10 attack involving conventional sea-launched bal11 listic missiles.

12 (H) A description of the total program

13 cost, including the procurement costs of addi14 tional D–5 missiles, of the conventional Trident

15 sea-launched ballistic missile program, by fiscal

16 year.

17 (I) An analysis and assessment of the im18 plications for ballistic missile proliferation if the

19 United States decides to go forward with the

20 conventional Trident sea-launched ballistic mis21 sile program or any other conventional long

22 range ballistic missile program.

23 (J) An analysis and assessment of the im24 plications for the United States missile defense
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1 system if other countries utilize long range con2 ventional ballistic missiles.

3 (K) An analysis of any problems created

4 by the ambiguity that results from the use of

5 the same ballistic missile for both conventional

6 and nuclear warheads.

7 (L) An analysis and assessment of the

8 methods that other countries might use to re9 solve the ambiguities associated with a nuclear

10 or conventional sea-launched ballistic missile.

11 (M) An analysis, by the Secretary of State,

12 of the international, treaty, and other concerns

13 that would be associated with the use of a con14 ventional sea-launched ballistic missile and rec15 ommendations for measures to mitigate or

16 eliminate such concerns.

17 (N) A joint statement by the Secretary of

18 Defense and the Secretary of State on how to

19 ensure that the use of a conventional sea20 launched ballistic missile will not result in an

21 intentional, inadvertent, mistaken, or accidental

22 reciprocal or responsive launch of a nuclear

23 strike by any other country.

24 (c) AVAILABILITY OF FUNDS FOR REPORT.—Of the

25 amounts authorized to be appropriated by this Act (other
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1 than the amounts covered by the limitation in subsection

2 (a)), $20,000,000 may be available to prepare the report

3 required by subsection (b).

4 SEC. 215. ARROW BALLISTIC MISSILE DEFENSE SYSTEM.

5 Of the amount authorized to be appropriated by sec6 tion 201(4) for research, development, test, and evaluation

7 for Defense-wide activities and available for ballistic mis8 sile defense—

9 (1) $65,000,000 may be available for coproduc10 tion of the Arrow ballistic missile defense system;

11 and

12 (2) $63,702,000 may be available for the Arrow

13 System Improvement Program.

14 SEC. 216. HIGH ENERGY LASER LOW ASPECT TARGET

15 TRACKING.

16 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVEL17 OPMENT, TEST, AND EVALUATION, ARMY.—The amount

18 authorized to be appropriated by section 201(1) for re19 search, development, test, and evaluation for the Army is

20 hereby increased by $5,000,000.

21 (b) AVAILABILITY OF AMOUNT.—

22 (1) IN GENERAL.—Of the amount authorized to

23 be appropriated by section 201(1) for research, de24 velopment, test, and evaluation for the Army, as in25 creased by subsection (a), $5,000,000 may be avail-
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1 able for the Department of Defense High Energy

2 Laser Test Facility for High Energy Laser Low As3 pect Target Tracking (HEL–LATT) test series done

4 jointly with the Navy.

5 (2) CONSTRUCTION WITH OTHER AMOUNTS.—

6 The amount available under paragraph (1) for the

7 purpose set forth in that paragraph is in addition to

8 any amounts available under this Act for that pur9 pose.

10 (c) OFFSET.—The amount authorized to be appro11 priated by section 421 for military personnel is hereby re12 duced by $5,000,000, due to unexpended obligations, if

13 available.

14 SEC. 217. ADVANCED ALUMINUM AEROSTRUCTURES INITIA15 TIVE.

16 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVEL17 OPMENT, TEST, AND EVALUATION, AIR FORCE.—The

18 amount authorized to be appropriated by section 201(3)

19 for research, development, test, and evaluation for the Air

20 Force is hereby increased by $2,000,000.

21 (b) AVAILABILITY OF AMOUNT.—Of the amount au22 thorized to be appropriated by section 201(3) for research,

23 development, test, and evaluation for the Air Force, as in24 creased by subsection (a), $2,000,000 may be available for

25 Aerospace Technology Development and Demonstration
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1 (PE #603211F) for the Advanced Aluminum

2 Aerostructures Initiative (A3I).

3 (c) OFFSET.—The amount authorized to be appro4 priated by section 421 for military personnel is hereby de5 creased by $2,000,000, due to unexpended obligations, if

6 available.

7 SEC. 218. LEGGED MOBILITY ROBOTIC RESEARCH.

8 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVEL9 OPMENT, TEST, AND EVALUATION, ARMY.—The amount

10 authorized to be appropriated by section 201(1) for re11 search, development, test, and evaluation for the Army is

12 hereby increased by $1,000,000.

13 (b) AVAILABILITY OF AMOUNT.—Of the amount au14 thorized to be appropriated by section 201(1) for research,

15 development, test, and evaluation for the Army, as in16 creased by subsection (a), $1,000,000 may be available for

17 Combat Vehicle and Automotive Technology (PE

18 #602601A) for legged mobility robotic research for mili19 tary applications.

20 (c) OFFSET.—The amount authorized to be appro21 priated by section 421 for military personnel is hereby de22 creased by $1,000,000, due to unexpended obligations, if

23 available
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1 SEC. 219. WIDEBAND DIGITAL AIRBORNE ELECTRONIC

2 SENSING ARRAY.

3 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVEL4 OPMENT, TEST, AND EVALUATION, AIR FORCE.—The

5 amount authorized to be appropriated by section 201(3)

6 for research, development, test, and evaluation for the Air

7 Force is hereby increased by $3,000,000.

8 (b) AVAILABILITY OF AMOUNT.—Of the amount au9 thorized to be appropriated by section 201(3) for research,

10 development, test, and evaluation for the Air Force, as in11 creased by subsection (a), $3,000,000 may be available for

12 Wideband Digital Airborne Electronic Sensing Array (PE

13 #0602204F).

14 (c) OFFSET.—The amount authorized to be appro15 priated by section 421 for military personnel is hereby re16 duced by $3,000,000, due to unexpended obligations, if

17 available.

18 SEC. 220. SCIENCE AND TECHNOLOGY.

19 (a) ARMY SUPPORT FOR UNIVERSITY RESEARCH INI20 TIATIVES.—

21 (1) ADDITIONAL AMOUNT FOR RESEARCH, DE22 VELOPMENT, TEST, AND EVALUATION, ARMY.—The

23 amount authorized to be appropriated by section

24 201(1) for research, development, test, and evalua25 tion for the Army is hereby increased by

26 $10,000,000.
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1 (2) AVAILABILITY OF AMOUNT.—Of the amount

2 authorized to be appropriated by section 201(1) for

3 research, development, test, and evaluation for the

4 Army, as increased by paragraph (1), $10,000,000

5 may be available for program element PE 0601103A

6 for University Research Initiatives.

7 (b) NAVY SUPPORT FOR UNIVERSITY RESEARCH INI8 TIATIVES.—

9 (1) ADDITIONAL AMOUNT FOR RESEARCH, DE10 VELOPMENT, TEST, AND EVALUATION, NAVY.—The

11 amount authorized to be appropriated by section

12 201(2) for research, development, test, and evalua13 tion for the Navy is hereby increased by

14 $10,000,000.

15 (2) AVAILABILITY OF AMOUNT.—Of the amount

16 authorized to be appropriated by section 201(2) for

17 research, development, test, and evaluation for the

18 Navy, as increased by paragraph (1), $10,000,000

19 may be available for program element PE

20 0601103N for University Research Initiatives.

21 (c) AIR FORCE SUPPORT FOR UNIVERSITY RE22 SEARCH INITIATIVES.—

23 (1) ADDITIONAL AMOUNT FOR RESEARCH, DE24 VELOPMENT, TEST, AND EVALUATION, AIR FORCE.—

25 The amount authorized to be appropriated by sec-
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1 tion 201(3) for research, development, test, and

2 evaluation for the Air Force is hereby increased by

3 $10,000,000.

4 (2) AVAILABILITY OF AMOUNT.—Of the amount

5 authorized to be appropriated by section 201(3) for

6 research, development, test, and evaluation for the

7 Air Force, as increased by paragraph (1),

8 $10,000,000 may be available for program element

9 PE 0601103F for University Research Initiatives.

10 (d) COMPUTER SCIENCE AND CYBERSECURITY.—

11 (1) ADDITIONAL AMOUNT FOR RESEARCH, DE12 VELOPMENT, TEST, AND EVALUATION, DEFENSE13 WIDE.—The amount authorized to be appropriated

14 by section 201(4) for research, development, test,

15 and evaluation for Defense-wide activities is hereby

16 increased by $10,000,000.

17 (2) AVAILABILITY OF AMOUNT.—Of the amount

18 authorized to be appropriated by section 201(4) for

19 research, development, test, and evaluation for De20 fense-wide activities, as increased by paragraph (1),

21 $10,000,000 may be available for program element

22 PE 0601101E for the Defense Advanced Research

23 Projects Agency University Research Program in

24 Computer Science and Cybersecurity.
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1 (e) SMART NATIONAL DEFENSE EDUCATION PRO2 GRAM.—

3 (1) ADDITIONAL AMOUNT FOR RESEARCH, DE4 VELOPMENT, TEST, AND EVALUATION, DEFENSE5 WIDE.—The amount authorized to be appropriated

6 by section 201(4) for research, development, test,

7 and evaluation for Defense-wide activities is hereby

8 increased by $5,000,000.

9 (2) AVAILABILITY OF AMOUNT.—Of the amount

10 authorized to be appropriated by section 201(4) for

11 research, development, test, and evaluation for De12 fense-wide activities, as increased by paragraph (1),

13 $5,000,000 may be available for program element

14 PE 0601120D8Z for the SMART National Defense

15 Education Program.

16 (f) OFFSET.—The amount authorized to be appro17 priated by section 421 for military personnel is hereby re18 duced by $45,000,000, due to unexpended obligations, if

19 available.
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1 Subtitle C—Missile Defense

2 Programs

3 SEC. 231. AVAILABILITY OF RESEARCH, DEVELOPMENT,

4 TEST, AND EVALUATION FUNDS FOR FIELD5 ING BALLISTIC MISSILE DEFENSE CAPABILI6 TIES.

7 Upon approval by the Secretary of Defense, funds au8 thorized to be appropriated for fiscal year 2008 for the

9 use of the Department of Defense for research, develop10 ment, test, and evaluation and available for the Missile

11 Defense Agency may be used for the development and

12 fielding of ballistic missile defense capabilities.

13 SEC. 232. POLICY OF THE UNITED STATES ON PRIORITIES

14 IN THE DEVELOPMENT, TESTING, AND FIELD15 ING OF MISSILE DEFENSE CAPABILITIES.

16 (a) FINDINGS.—Congress makes the following find17 ings:

18 (1) In response to the threat posed by ballistic

19 missiles, President George W. Bush in December

20 2002 directed the Secretary of Defense to proceed

21 with the fielding of an initial set of missile defense

22 capabilities in 2004 and 2005.

23 (2) According to assessments by the intelligence

24 community of the United States, North Korea tested

25 in 2005 a new solid propellant short-range ballistic
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1 missile and is likely developing intermediate-range

2 and intercontinental ballistic missile capabilities that

3 could someday reach as far as the United States

4 with a nuclear payload.

5 (3) According to assessments by the intelligence

6 community of the United States, Iran continued in

7 2005 to test its medium range ballistic missile, and

8 the danger that Iran will acquire a nuclear weapon

9 and integrate it with a ballistic missile Iran already

10 possesses is a reason for immediate concern.

11 (b) POLICY.—It is the policy of the United States

12 that the Department of Defense accord a priority within

13 the missile defense program to the development, testing,

14 fielding, and improvement of effective near-term missile

15 defense capabilities, including the ground-based midcourse

16 defense system, the Aegis ballistic missile defense system,

17 the Patriot PAC–3 system, the Terminal High Altitude

18 Area Defense system, and the sensors necessary to sup19 port such systems.

20 SEC. 233. ONE-YEAR EXTENSION OF COMPTROLLER GEN21 ERAL ASSESSMENTS OF BALLISTIC MISSILE

22 DEFENSE PROGRAMS.

23 Section 232(g) of the National Defense Authorization

24 Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is

25 amended—
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1 (1) in paragraph (1), by striking ‘‘through

2 2007’’ and inserting ‘‘through 2008’’; and

3 (2) in paragraph (2), by striking ‘‘through

4 2008’’ and inserting ‘‘through 2009’’.

5 SEC. 234. SUBMITTAL OF PLANS FOR TEST AND EVALUA6 TION OF THE OPERATIONAL CAPABILITY OF

7 THE BALLISTIC MISSILE DEFENSE SYSTEM.

8 Section 234(a) of the National Defense Act for Fiscal

9 Year 2006 (Public Law 109–163; 119 Stat. 3174; 10

10 U.S.C. 2431 note) is amended by adding at the end the

11 following new paragraph:

12 ‘‘(3) SUBMITTAL TO CONGRESS.—Each plan

13 prepared under this subsection and approved by the

14 Director of Operational Test and Evaluation shall be

15 submitted to the congressional defense committees

16 not later than 30 days after the date of the approval

17 of such plan by the Director.’’.

18 SEC. 235. ANNUAL REPORTS ON TRANSITION OF BALLISTIC

19 MISSILE DEFENSE PROGRAMS TO THE MILI20 TARY DEPARTMENTS.

21 (a) REPORT REQUIRED.—Not later than March 1,

22 2007, and annually thereafter through 2013, the Under

23 Secretary of Defense for Acquisition, Technology, and Lo24 gistics shall submit to the congressional defense commit25 tees a report on the plans of the Department of Defense
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1 for the transition of missile defense programs from the

2 Missile Defense Agency to the military departments.

3 (b) SCOPE OF REPORTS.—Each report required by

4 subsection (a) shall cover the period covered by the future5 years defense program that is submitted under section 221

6 of title 10, United States Code, in the year in which such

7 report is submitted.

8 (c) ELEMENTS.—Each report required by subsection

9 (a) shall include the following:

10 (1) An identification of—

11 (A) the missile defense programs planned

12 to be transitioned from the Missile Defense

13 Agency to the military departments; and

14 (B) the missile defense programs, if any,

15 not planned for transition to the military de16 partments.

17 (2) The schedule for transition of each missile

18 defense program planned to be transitioned to a

19 military department, and an explanation of such

20 schedule.

21 (3) A description of the status of the plans and

22 agreements of the Missile Defense Agency and the

23 military departments on the transition of missile de24 fense programs to the military departments.
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1 (4) An identification of the entity (whether the

2 Missile Defense Agency, a military department, or

3 both) that will be responsible for funding each mis4 sile defense program to be transitioned to a military

5 department, and at what date.

6 (5) A description of the type of funds that will

7 be used (whether funds for research, development,

8 test, and evaluation, procurement, military construc9 tion, or operation and maintenance) for each missile

10 defense program to be transitioned to a military de11 partment.

12 (6) An explanation of the number of systems

13 planned for procurement for each missile defense

14 program to be transitioned to a military department,

15 and the schedule for procurement of each such sys16 tem.

17 SEC. 236. TESTING AND OPERATIONS FOR MISSILE DE18 FENSE.

19 (a) ADDITIONAL AMOUNT FOR MISSILE DEFENSE

20 AGENCY.—Of the amount authorized to be appropriated

21 by section 201(4) for research, development, test, and

22 evaluation for Defense-wide activities, the amount that is

23 available for the Missile Defense Agency is hereby in24 creased by $45,000,000.
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1 (b) AVAILABILITY OF AMOUNT.—Of the amount au2 thorized to be appropriated by section 201(4) for research,

3 development, test, and evaluation for Defense-wide activi4 ties and available for the Missile Defense Agency, as in5 creased by subsection (a), $45,000,000 may be available

6 for Ballistic Missile Defense Midcourse Defense Segment

7 (PE #63882C)—

8 (1) to accelerate the ability to conduct concur9 rent test and missile defense operations; and

10 (2) to increase the pace of realistic flight test11 ing of the ground-based midcourse defense system.

12 (c) SUPPLEMENT.—Amounts available under sub13 section (b) for the program element referred to in that

14 subsection are in addition to any other amounts available

15 in this Act for that program element.

16 (d) OFFSET.—The amount authorized to be appro17 priated by section 421 for military personnel is hereby re18 duced by $45,000,000, due to unexpended obligations.

19 Subtitle D—Other Matters

20 SEC. 251. EXTENSION OF REQUIREMENT FOR GLOBAL RE21 SEARCH WATCH PROGRAM.

22 Section 2365(f) of title 10, United States Code, is

23 amended by striking ‘‘September 30, 2006’’ and inserting

24 ‘‘September 30, 2011’’.
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1 SEC. 252. EXPANSION AND EXTENSION OF AUTHORITY TO

2 AWARD PRIZES FOR ADVANCED TECH3 NOLOGY ACHIEVEMENTS.

4 (a) EXPANSION.—

5 (1) IN GENERAL.—Subsection (a) of section

6 2374a of title 10, United States Code, is amended—

7 (A) by striking ‘‘Director of the Defense

8 Advanced Research Projects Agency’’ and in9 serting ‘‘Director of Defense Research and En10 gineering and the Service Acquisition Execu11 tives of the military departments’’; and

12 (B) by striking ‘‘a program’’ and inserting

13 ‘‘programs’’.

14 (2) CONFORMING AMENDMENTS.—(A) Sub15 section (b) of such section is amended by striking

16 ‘‘The program’’ and inserting ‘‘Any program’’.

17 (B) Subsection (d) of such section is

18 amended—

19 (i) by striking ‘‘The program’’ and insert20 ing ‘‘A program’’; and

21 (ii) by striking ‘‘the Director’’ and insert22 ing ‘‘an official referred to in that subsection’’.

23 (b) EXTENSION.—Subsection (f) of such section is

24 amended by striking ‘‘September 30, 2007’’ and inserting

25 ‘‘September 30, 2011’’.
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1 (c) MODIFICATION OF REPORTING REQUIREMENT.—

2 Subsection (e) of such section is amended to read as fol3 lows:

4 ‘‘(e) ANNUAL REPORT.—(l) Not later than March 1

5 each year, the Secretary shall submit to the Committees

6 on Armed Services of the Senate and the House of Rep7 resentatives a report on the activities undertaken during

8 the preceding fiscal year under the authority in subsection

9 (a).

10 ‘‘(2) The report for a fiscal year under this subsection

11 shall include the following:

12 ‘‘(A) A description of the proposed goals of the

13 competitions established under each program under

14 subsection (a), including the areas of research, tech15 nology development, or prototype development to be

16 promoted by such competitions and the relationship

17 of such areas to the military missions of the Depart18 ment of Defense.

19 ‘‘(B) An analyses of why the utilization of the

20 authority in subsection (a) was the preferable meth21 od of achieving the goals described in subparagraph

22 (A) as opposed to other authorities available to the

23 Department, such as contracts, grants, and coopera24 tive agreements.
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1 ‘‘(C) The total amount of cash prizes awarded

2 under each program, including a description of the

3 manner in which the amounts of cash prizes award4 ed and claimed were allocated among the accounts

5 of the Department for recording as obligations and

6 expenditures.

7 ‘‘(D) The methods used for the solicitation and

8 evaluation of submissions under each program, to9 gether with an assessment of the effectiveness of

10 such methods.

11 ‘‘(E) A description of the resources, including

12 personnel and funding, used in the execution of each

13 program, together with a detailed description of the

14 activities for which such resources were used and an

15 accounting of how funding for execution was allo16 cated among the accounts of the Department for re17 cording as obligations and expenditures.

18 ‘‘(F) A description of any plans to transition

19 the technologies or prototypes developed as a result

20 of each program into an acquisition program of the

21 Department.’’.
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1 SEC. 253. POLICIES AND PRACTICES ON TEST AND EVALUA2 TION TO ADDRESS EMERGING ACQUISITION

3 APPROACHES.

4 (a) REPORTS ON CERTAIN DETERMINATIONS TO

5 PROCEED BEYOND LOW-RATE INITIAL PRODUCTION.—

6 Section 2399(b) of title 10, United States Code, is

7 amended—

8 (1) by redesignating paragraph (5) as para9 graph (6); and

10 (2) by inserting after paragraph (4) the fol11 lowing new paragraph (5):

12 ‘‘(5) If, before a final decision is made within the De13 partment of Defense to proceed with a major defense ac14 quisition program beyond low-rate initial production, a de15 cision is made within the Department to proceed to oper16 ational use of the program or allocate funds available for

17 procurement for the program, the Director shall submit

18 to the Secretary of Defense and the congressional defense

19 committees the report with respect to the program under

20 paragraph (2) as soon as practicable after the decision

21 under this paragraph is made.’’.

22 (b) REVIEW AND REVISION OF POLICIES AND PRAC23 TICES.—

24 (1) REVIEW.—The Under Secretary of Defense

25 for Acquisition, Technology, and Logistics and the

26 Director of Operational Test and Evaluation shall
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1 review Department of Defense policies and practices

2 on test and evaluation in order to—

3 (A) reaffirm the test and evaluation prin4 ciples that guide traditional acquisition pro5 grams; and

6 (B) determine how best to apply such prin7 ciples to emerging acquisition approaches.

8 (2) REVISED GUIDANCE.—If the Under Sec9 retary determines as a result of the review under

10 paragraph (1) that a revision of the policies and

11 practices referred to in that paragraph is necessary

12 in light of emerging approaches to acquisitions, the

13 Under Secretary and the Director shall jointly issue

14 new or revised guidance for the Department of De15 fense on test and evaluation to address that deter16 mination.

17 (c) ISSUES TO BE ADDRESSED.—In carrying out

18 subsection (b), the Under Secretary shall address policies

19 and practices on test and evaluation in order to—

20 (1) ensure the performance of test and evalua21 tion activities with regard to—

22 (A) items that are acquired pursuant to

23 the authority for rapid acquisition and deploy24 ment of items in section 806 of the Bob Stump
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1 National Defense Authorization Act for Fiscal

2 Year 2003 (10 U.S.C. 2302 note);

3 (B) programs that are conducted pursuant

4 to the authority for spiral development in sec5 tion 803 of the Bob Stump National Defense

6 Authorization Act for Fiscal Year 2003 (Public

7 Law 107–314; 116 Stat. 2603; 10 U.S.C. 2430

8 note), or other authority for the conduct of in9 cremental acquisition programs;

10 (C) systems that are acquired pursuant to

11 time-certain development programs; and

12 (D) equipment that is not subject to the

13 operational test and evaluation requirements in

14 section 2399 of title 10, United States Code,

15 but which may require limited operational test

16 and evaluation for the purpose of ensuring the

17 safety and survivability of such equipment and

18 personnel using such equipment; and

19 (2) ensure the appropriate use, if any, of oper20 ational test and evaluation resources to assess tech21 nology readiness levels for the purpose of section

22 2366a of title 10, United States Code, and other ap23 plicable technology readiness requirements.

24 (d) FUNDING MATTERS.—The Director of the De25 fense Test Resource Management Center shall ensure that
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1 the strategic plan for Department of Defense test and

2 evaluation resources developed pursuant to section 196 of

3 title 10, United States Code—

4 (1) reflects any testing needs of the Depart5 ment of Defense that are identified as a result of ac6 tivities under subsection (b); and

7 (2) includes an assessment of the test and eval8 uation facilities, resources, and budgets that will be

9 required to meet such needs.

10 (e) REPORT TO CONGRESS.—Not later than nine

11 months after the date of the enactment of this Act, the

12 Under Secretary shall submit to the congressional defense

13 committees a report on the review conducted under para14 graph (1) of subsection (b), including any new or revised

15 guidance issued pursuant to paragraph (2) of that sub16 section.

17 (f) TIME-CERTAIN DEVELOPMENT PROGRAM DE18 FINED.—In this section, the term ‘‘time-certain develop19 ment program’’ means a development program that is as20 signed a specific length of time in which milestone events

21 will be accomplished by contract, which length of time may

22 be not more than 6 years from milestone B to initial oper23 ational capability.
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1 SEC. 254. DEVELOPMENT OF THE PROPULSION SYSTEM

2 FOR THE JOINT STRIKE FIGHTER.

3 (a) IN GENERAL.—The Secretary of Defense shall

4 provide for the development of the propulsion system for

5 the F–35 fighter aircraft (commonly referred to as the

6 ‘‘Joint Strike Fighter’’) by a means elected by the Sec7 retary from among the following:

8 (1) Through the continuing development and

9 sustainment of two interchangeable propulsion sys10 tems for the F–35 fighter aircraft by two separate

11 contractors throughout the life cycle of the aircraft.

12 (2) Through a one-time firm fixed price con13 tract for a selected propulsion system for the F–35

14 fighter aircraft for the life cycle of the aircraft fol15 lowing the Initial Service Release of the F–35 fight16 er aircraft propulsion system in fiscal year 2008.

17 (b) NOTICE OF CHANGE IN DEVELOPMENT.—The

18 Secretary may not carry out any modification of the pro19 curement program for the F–35 fighter aircraft that

20 would result in the development of the propulsion system

21 for such aircraft in a manner other than as elected by

22 the Secretary under subsection (a) until the Secretary no23 tifies the congressional defense committees of such modi24 fication.
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1 SEC. 255. INDEPENDENT COST ANALYSES FOR JOINT

2 STRIKE FIGHTER ENGINE PROGRAM.

3 (a) COST ANALYSES.—

4 (1) ANALYSES REQUIRED.—The Secretary of

5 Defense (acting through the cost analysis improve6 ment group of the Office of the Secretary of De7 fense), a federally funded research and development

8 center (FFRDC) selected by the Secretary for pur9 poses of this section, and the Comptroller General of

10 the United States shall each perform three detailed

11 and comprehensive cost analyses of the engine pro12 gram for the F–35 fighter aircraft (commonly re13 ferred to as the ‘‘Joint Strike Fighter’’).

14 (2) ELEMENTS.—Each official or entity per15 forming cost analyses under paragraph (1) shall per16 form a cost analysis of each of the following:

17 (A) An alternative under which the F–35

18 fighter aircraft is capable of using the F135 en19 gine only.

20 (B) An alternative under which the F–35

21 fighter aircraft is capable of using either the

22 F135 engine or the F136 engine.

23 (C) Any other alternative, whether secured

24 through a competitive or sole-source bidding

25 process, that would reduce cost, improve pro-
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1 gram schedule, and improve performance and

2 reliability of the F–35 fighter aircraft program.

3 (b) REPORTS.—

4 (1) REPORTS REQUIRED.—Not later than

5 March 15, 2007, the Secretary, the federally funded

6 research and development center selected under sub7 section (a), and the Comptroller General shall each

8 submit to the congressional defense committees a re9 port on the three independent cost analyses per10 formed by such official or entity under subsection

11 (a).

12 (2) REPORT ELEMENTS.—Each report under

13 paragraph (1) shall include the following:

14 (A) A statement of the key assumptions

15 utilized in performing each cost analysis cov16 ered by such report.

17 (B) A discussion of the methodology and

18 techniques utilized in performing each cost

19 analysis.

20 (C) For each alternative under subsection

21 (a)(2)—

22 (i) a comparison of the life-cycle costs,

23 including costs in current and constant

24 dollars and a net-present-value analysis,
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1 with the other alternatives under that sub2 section; and

3 (ii) an estimate of—

4 (I) the supply, maintenance, and

5 other operations manpower required

6 to support such alternative;

7 (II) the number of flight hours

8 required to achieve engine maturity,

9 and the year in which engine maturity

10 is anticipated to be achieved; and

11 (III) the total number of engines

12 anticipated to be procured over the

13 lifetime of the F–35 fighter aircraft

14 program.

15 (D) A discussion of the acquisition strate16 gies used for the acquisition of engines for

17 other tactical fighter aircraft, including the F–

18 15, F–16, F–18, and F–22 fighter aircraft, and

19 an assessment of the experience in terms of

20 cost, schedule, and performance under the ac21 quisition programs for such engines.

22 (E) A comparison in terms of performance,

23 savings, maintainability, reliability, and tech24 nical innovation of the acquisition programs for

25 engines for tactical fighter aircraft carried out
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1 on a sole-source basis with the acquisition pro2 grams for tactical fighter aircraft carried out on

3 a competitive basis.

4 (F) Such conclusions and recommenda5 tions in light of the cost analyses as the official

6 or entity submitting such report considers ap7 propriate.

8 (3) CERTIFICATION OF FFRDC AND COMP9 TROLLER GENERAL.—In submitting the report re10 quired by this subsection, the federally funded re11 search and development center and the Comptroller

12 General shall each also submit a certification as to

13 whether the federally funded research and develop14 ment center or the Comptroller General, as the case

15 may be, had access to sufficient information to en16 able the federally funded research and development

17 center or the Comptroller General, as the case may

18 be, to make informed judgments on the matters re19 quired to be included in the report.

20 (c) LIFE-CYCLE COSTS DEFINED.—In this section,

21 the term ‘‘life-cycle costs’’ includes—

22 (1) the elements of costs that would be consid23 ered for a life-cycle cost analysis for a major defense

24 acquisition program, such as procurement of en-
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1 gines, procurement of spare engines, and procure2 ment of engine components and parts; and

3 (2) good-faith estimates of routine engine costs,

4 such as performance upgrades and component im5 provement, that historically have occurred in tactical

6 fighter engine programs.

7 SEC. 256. SENSE OF SENATE ON TECHNOLOGY SHARING OF

8 JOINT STRIKE FIGHTER TECHNOLOGY.

9 It is the sense of the Senate that the Secretary of

10 Defense should share technology with regard to the Joint

11 Strike Fighter between the United States Government and

12 the Government of the United Kingdom consistent with

13 the national security interests of both nations.

14 SEC. 257. REPORT ON BIOMETRICS PROGRAMS OF THE DE15 PARTMENT OF DEFENSE.

16 (a) REPORT.—The Secretary of Defense shall submit

17 to Congress, at the same time as the submittal of the

18 budget of the President for fiscal year 2008 (as submitted

19 under section 1105(a) of title 31, United States Code) a

20 report on the biometrics programs of the Department of

21 Defense.

22 (b) ELEMENTS.—The report shall address the fol23 lowing:
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1 (1) Whether the Department should modify the

2 current executive agent management structure for

3 the biometrics programs.

4 (2) The requirements for the biometrics pro5 grams to meet needs throughout the Department of

6 Defense.

7 (3) A description of programs currently fielded

8 to meet requirements in Iraq and Afghanistan.

9 (4) An assessment of the adequacy of fielded

10 programs to meet operational requirements.

11 (5) An assessment of programmatic or capa12 bility gaps in meeting future requirements.

13 (6) The actions being taken within the Execu14 tive Branch to coordinate and integrate require15 ments, programs, and resources among the depart16 ments and agencies of the Executive Branch with a

17 role in using or developing biometrics capabilities.

18 (c) BIOMETRICS DEFINED.—In this section, the term

19 ‘‘biometrics’’ means an identity management program or

20 system that utilizes distinct personal attributes, including

21 DNA, facial features, irises, retinas, signatures, or voices,

22 to identify individuals.
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1 TITLE III—OPERATION AND

2 MAINTENANCE

3 Subtitle A—Authorization of

4 Appropriations

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 2007 for the use of the Armed Forces and other

8 activities and agencies of the Department of Defense for

9 expenses, not otherwise provided for, for operation and

10 maintenance, in amounts as follows:

11 (1) For the Army, $24,795,580,000.

12 (2) For the Navy, $31,130,784,000.

13 (3) For the Marine Corps, $3,905,262,000.

14 (4) For the Air Force, $31,251,107,000.

15 (5) For Defense-wide activities,

16 $20,106,756,000.

17 (6) For the Army Reserve, $2,139,702,000.

18 (7) For the Naval Reserve, $1,288,764,000.

19 (8) For the Marine Corps Reserve,

20 $211,911,000.

21 (9) For the Air Force Reserve, $2,575,100,000.

22 (10) For the Army National Guard,

23 $4,857,728,000.

24 (11) For the Air National Guard,

25 $5,318,717,000.
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1 (12) For the United States Court of Appeals

2 for the Armed Forces, $11,721,000.

3 (13) For Environmental Restoration, Army,

4 $463,794,000.

5 (14) For Environmental Restoration, Navy,

6 $304,409,000.

7 (15) For Environmental Restoration, Air Force,

8 $423,871,000.

9 (16) For Environmental Restoration, Defense10 wide, $18,431,000.

11 (17) For Environmental Restoration, Formerly

12 Used Defense Sites, $282,790,000.

13 (18) For the Overseas Contingency Operations

14 Transfer Fund, $10,000,000.

15 (19) For Cooperative Threat Reduction pro16 grams, $372,128,000.

17 (20) For Overseas Humanitarian Disaster and

18 Civic Aid, $63,204,000.

19 SEC. 302. WORKING CAPITAL FUNDS.

20 Funds are hereby authorized to be appropriated for

21 fiscal year 2007 for the use of the Armed Forces and other

22 activities and agencies of the Department of Defense for

23 providing capital for working capital and revolving funds

24 in amounts as follows:
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1 (1) For the Defense Working Capital Funds,

2 $1,364,498,000.

3 (2) For the National Defense Sealift Fund,

4 $1,071,932,000.

5 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

6 (a) DEFENSE HEALTH PROGRAM.—Funds are here7 by authorized to be appropriated for the Department of

8 Defense for fiscal year 2007 for expenses, not otherwise

9 provided for, for the Defense Health Program,

10 $20,915,321,000, of which—

11 (1) $20,381,863,000 is for Operation and

12 Maintenance;

13 (2) $135,603,000 is for Research, Development,

14 Test, and Evaluation; and

15 (3) $397,855,000 is for Procurement.

16 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC17 TION, DEFENSE.—

18 (1) IN GENERAL.—Funds are hereby authorized

19 to be appropriated for the Department of Defense

20 for fiscal year 2007 for expenses, not otherwise pro21 vided for, for Chemical Agents and Munitions De22 struction, Defense, $1,277,304,000, of which—

23 (A) $1,046,290,000 is for Operation and

24 Maintenance; and
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1 (B) $231,014,000 is for Research, Devel2 opment, Test, and Evaluation.

3 (2) AVAILABILITY.—Amounts authorized to be

4 appropriated under paragraph (1) are authorized

5 for—

6 (A) the destruction of lethal chemical

7 agents and munitions in accordance with sec8 tion 1412 of the Department of Defense Au9 thorization Act, 1986 (50 U.S.C. 1521); and

10 (B) the destruction of chemical warfare

11 materiel of the United States that is not cov12 ered by section 1412 of such Act.

13 (c) DRUG INTERDICTION AND COUNTER-DRUG AC14 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized

15 to be appropriated for the Department of Defense for fis16 cal year 2007 for expenses, not otherwise provided for, for

17 Drug Interdiction and Counter-Drug Activities, Defense18 wide, $926,890,000.

19 (d) DEFENSE INSPECTOR GENERAL.—Funds are

20 hereby authorized to be appropriated for the Department

21 of Defense for fiscal year 2007 for expenses, not otherwise

22 provided for, for the Office of the Inspector General of

23 the Department of Defense, $216,297,000, of which—

24 (1) $214,897,000 is for Operation and Mainte25 nance; and
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1 (2) $1,400,000 is for Procurement.

2 Subtitle B—Program Require3 ments, Restrictions, and Limita4 tions

5 SEC. 311. LIMITATION ON AVAILABILITY OF FUNDS FOR

6 THE ARMY LOGISTICS MODERNIZATION PRO7 GRAM.

8 Of the funds authorized to be appropriated for the

9 Department of Defense by this division and available for

10 the Army Logistics Modernization Program (LMP), not

11 more than $6,900,000 may be obligated or expended for

12 the development, fielding, or operation of the program

13 until the Chairman of the Defense Business Systems Mod14 ernization Committee certifies to the congressional defense

15 committees each of the following:

16 (1) That the program is essential to the na17 tional security of the United States or to the effi18 cient management of the Department of Defense.

19 (2) That there is no alternative to the system

20 under the program which will provide equal or great21 er capability at a lower cost.

22 (3) That the estimated costs, and the proposed

23 schedule and performance parameters, for the pro24 gram and system are reasonable.
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1 (4) That the management structure for the pro2 gram is adequate to manage and control program

3 costs.

4 SEC. 312. AVAILABILITY OF FUNDS FOR EXHIBITS FOR THE

5 NATIONAL MUSEUMS OF THE ARMED

6 FORCES.

7 (a) NATIONAL MUSEUM OF THE UNITED STATES

8 ARMY.—Of the amounts authorized to be appropriated by

9 section 301(1) for operation and maintenance for the

10 Army, $3,000,000 may be available to the Secretary of

11 the Army for education and training purposes to contract

12 with the Army Historical Foundation for the acquisition,

13 installation, and maintenance of exhibits at the facility

14 designated by the Secretary as the National Museum of

15 the United States Army.

16 (b) NATIONAL MUSEUM OF THE UNITED STATES

17 NAVY.—Of the amounts authorized to be appropriated by

18 section 301(2) for operation and maintenance for the

19 Navy, $3,000,000 may be available to the Secretary of the

20 Navy for education and training purposes to contract with

21 the Naval Historical Foundation for the acquisition, in22 stallation, and maintenance of exhibits at the facility des23 ignated by the Secretary as the National Museum of the

24 United States Navy.
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1 (c) NATIONAL MUSEUM OF THE MARINE CORPS AND

2 HERITAGE CENTER.—Of the amounts authorized to be

3 appropriated by section 301(3) for operation and mainte4 nance for the Marine Corps, $3,000,000 may be available

5 to the Secretary of the Navy for education and training

6 purposes to contract with the United States Marine Corps

7 Heritage Foundation for the acquisition, installation, and

8 maintenance of exhibits at the National Museum of the

9 Marine Corps and Heritage Center.

10 (d) NATIONAL MUSEUM OF THE UNITED STATES

11 AIR FORCE.—Of the amounts authorized to be appro12 priated by section 301(4) for operation and maintenance

13 for the Air Force, $3,000,000 may be available to the Sec14 retary of the Air Force for education and training pur15 poses to contract with the Air Force Museum Foundation

16 for the acquisition, installation, and maintenance of exhib17 its at the facility designated by the Secretary as the Na18 tional Museum of the United States Air Force.

19 (e) REIMBURSEMENT.—

20 (1) AUTHORITY TO ACCEPT REIMBURSE21 MENT.—During any fiscal year after fiscal year

22 2006, the Secretary of a military department may

23 accept from any non-profit entity authorized to sup24 port the national museum of the applicable Armed

25 Force amounts to reimburse such Secretary for
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1 amounts obligated and expended by such Secretary

2 from amounts available to such Secretary under this

3 section.

4 (2) TREATMENT.—Amounts accepted as reim5 bursement under paragraph (1) shall be credited to

6 the account that was used to cover the costs in7 curred by the Secretary of the military department

8 concerned under this section. Amounts so credited

9 shall be merged with amounts in such account, and

10 shall be available for the same purposes, and subject

11 to the same conditions and limitations, as amounts

12 in such account.

13 SEC. 313. LIMITATION ON FINANCIAL MANAGEMENT IM14 PROVEMENT AND AUDIT INITIATIVES WITHIN

15 THE DEPARTMENT OF DEFENSE.

16 (a) LIMITATION.—The Secretary of Defense may not

17 obligate or expend any funds for the purpose of any finan18 cial management improvement activity relating to the

19 preparation, processing, or auditing of financial state20 ments until the Secretary submits to the congressional de21 fense committees a written determination that each activ22 ity proposed to be funded is—

23 (1) consistent with the financial management

24 improvement plan of the Department of Defense re25 quired by section 376(a)(1) of the National Defense
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1 Authorization Act for Fiscal Year 2006 (Public Law

2 190–163; 119 Stat. 3213); and

3 (2) likely to improve internal controls or other4 wise result in sustained improvements in the ability

5 of the Department to produce timely, reliable, and

6 complete financial management information.

7 (b) EXCEPTION.—The limitation in subsection (a)

8 shall not apply to an activity directed exclusively at assess9 ing the adequacy of internal controls and remediating any

10 inadequacy identified pursuant to such assessment.

11 SEC. 314. LIMITATION ON AVAILABILITY OF OPERATION

12 AND MAINTENANCE FUNDS FOR THE MAN13 AGEMENT HEADQUARTERS OF THE DEFENSE

14 INFORMATION SYSTEMS AGENCY.

15 Of the amount authorized to be appropriated by this

16 title and available for purposes of the operation and main17 tenance of the management headquarters of the Defense

18 Information Systems Agency, not more than 50 percent

19 may be available for such purposes until the Secretary of

20 Defense submits to Congress the report on the acquisition

21 strategy of the Department of Defense for commercial sat22 ellite communications services required by section 818(b)

23 of the National Defense Authorization Act for Fiscal Year

24 2006 (Public Law 109–136; 119 Stat. 3385).
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1 SEC. 315. EXPANSION OF JUNIOR RESERVE OFFICERS’

2 TRAINING CORPS PROGRAM.

3 (a) IN GENERAL.—The Secretaries of the military

4 departments shall take appropriate actions to increase the

5 number of secondary educational institutions at which a

6 unit of the Junior Reserve Officers’ Training Corps is or7 ganized under chapter 102 of title 10, United States Code.

8 (b) EXPANSION TARGETS.—In increasing under sub9 section (a) the number of secondary educational institu10 tions at which a unit of the Junior Reserve Officers’

11 Training Corps is organized, the Secretaries of the mili12 tary departments shall seek to organize units at an addi13 tional number of institutions as follows:

14 (1) In the case of Army units, 15 institutions.

15 (2) In the case of Navy units, 10 institutions.

16 (3) In the case of Marine Corps units, 15 insti17 tutions.

18 (4) In the case of Air Force units, 10 institu19 tions.

20 SEC. 316. INFANTRY COMBAT EQUIPMENT.

21 Of the amount authorized to be appropriated by sec22 tion 301(8) for operation and maintenance for the Marine

23 Corps Reserve, $2,500,000 may be available for Infantry

24 Combat Equipment (ICE).
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1 SEC. 317. INDIVIDUAL FIRST AID KIT.

2 Of the amount authorized to be appropriated by sec3 tion 301(8) for operation and maintenance for the Marine

4 Corps Reserve, $1,500,000 may be available for the Indi5 vidual First Aid Kit (IFAK).

6 SEC. 318. READING FOR THE BLIND AND DYSLEXIC PRO7 GRAM OF THE DEPARTMENT OF DEFENSE.

8 (a) DEFENSE DEPENDENTS.—Of the amount au9 thorized to be appropriated by section 301(5) for oper10 ation and maintenance for Defense-wide activities,

11 $500,000 may be available for the Reading for the Blind

12 and Dyslexic program of the Department of Defense for

13 defense dependents of elementary and secondary school

14 age in the continental United States and overseas.

15 (b) SEVERELY WOUNDED OR INJURED MEMBERS OF

16 THE ARMED FORCES.—Of the amount authorized to be

17 appropriated by section 1405(5) for operation and mainte18 nance for Defense-wide activities, $500,000 may be avail19 able for the Reading for the Blind and Dyslexic program

20 of the Department of Defense for severely wounded or in21 jured members of the Armed Forces.

22 SEC. 319. MILITARY TRAINING INFRASTRUCTURE IM23 PROVEMENTS AT VIRGINIA MILITARY INSTI24 TUTE.

25 Of the amount authorized to be appropriated by sec26 tion 301(1) for operation and maintenance for the Army,
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1 $2,900,000 may be available to the Virginia Military Insti2 tute for military training infrastructure improvements to

3 provide adequate field training of all Armed Forces Re4 serve Officer Training Corps.

5 SEC. 320. ENVIRONMENTAL DOCUMENTATION FOR BED6 DOWN OF F–22A AIRCRAFT AT HOLLOMAN

7 AIR FORCE BASE, NEW MEXICO.

8 The Secretary of the Air Force shall prepare environ9 mental documentation per the requirements of the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 4321

11 et seq.) for the beddown of F–22A aircraft at Holloman

12 Air Force Base, New Mexico, as replacements for the re13 tiring F–117A aircraft.

14 Subtitle C—Environmental

15 Provisions

16 SEC. 331. RESPONSE PLAN FOR REMEDIATION OF MILI17 TARY MUNITIONS.

18 (a) PERFORMANCE GOALS FOR REMEDIATION.—The

19 Department of Defense shall set the following remediation

20 goals:

21 (1) To complete, by not later than September

22 30, 2007, preliminary assessments of unexploded

23 ordnance, discarded military munitions, and muni24 tions constituents at all active installations and for25 merly used defense sites.
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1 (2) To complete, by not later than September

2 30, 2010, site inspections of unexploded ordnance,

3 discarded military munitions, and munitions con4 stituents at all active installations and formerly used

5 defense sites.

6 (3) To achieve, by not later than September 30,

7 2009, a remedy in place or response complete for

8 unexploded ordnance, discarded military munitions,

9 and munitions constituents at all military installa10 tions closed or realigned as part of a round of de11 fense base closure and realignment occurring prior

12 to the 2005 round.

13 (4) To achieve, by a time certain established by

14 the Secretary, a remedy in place or response com15 plete for unexploded ordnance, discarded military

16 munitions, and munitions constituents at all active

17 installations and formerly used defense sites (other

18 than operational ranges) and all military installa19 tions realigned or closed under the 2005 round of

20 defense base closure and realignment.

21 (b) RESPONSE PLAN REQUIRED.—

22 (1) IN GENERAL.—Not later than March 1,

23 2007, the Secretary of Defense shall submit to the

24 congressional defense committees a comprehensive

25 plan for addressing the remediation of unexploded
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1 ordnance, discarded military munitions, and muni2 tions constituents at current and former defense

3 sites (other than operational ranges).

4 (2) CONTENT.—The plan required by para5 graph (1) shall include—

6 (A) a schedule, including interim goals, for

7 achieving the goals described in paragraphs (1)

8 through (3) of subsection (a), based upon the

9 Munitions Response Site Prioritization Protocol

10 established by the Department of Defense;

11 (B) such interim goals as the Secretary de12 termines feasible for efficiently achieving the

13 goal required under paragraph (4) of such sub14 section; and

15 (C) an estimate of the funding required to

16 achieve the goals established pursuant to such

17 subsection and the interim goals established

18 pursuant to subparagraphs (A) and (B).

19 (3) UPDATES.—(A) The Secretary shall, not

20 later than March 15 of 2008, 2009, and 2010, sub21 mit to the congressional defense committees an up22 date of the plan required under paragraph (1). Each

23 update may be included in the report on environ24 mental restoration activities submitted to Congress

25 under section 2706(a) of title 10, United States
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1 Code, that is submitted in the year in which such

2 update is submitted.

3 (B) The Secretary may include in an update

4 submitted under subparagraph (A) any adjustment

5 to the remediation goals established under sub6 section (a) that the Secretary determines necessary

7 to respond to unforeseen circumstances.

8 (c) REPORT ON REUSE STANDARDS AND PRIN9 CIPLES.—Not later than March 1, 2007, the Secretary of

10 Defense shall submit to the congressional defense commit11 tees a report on the status of the efforts of the Depart12 ment of Defense to achieve agreement with relevant regu13 latory agencies on appropriate reuse standards or prin14 ciples, including—

15 (1) a description of any standards or principles

16 that have been agreed upon; and

17 (2) a discussion of any issues that remain in

18 disagreement (including the impact that any such

19 disagreement is likely to have on the ability of the

20 Department of Defense to carry out the plan).

21 (d) DEFINITIONS.—In this section, the terms

22 ‘‘unexploded ordnance’’, ‘‘discarded military munitions’’,

23 ‘‘munitions constituents’’, ‘‘operational range’’, and ‘‘de24 fense site’’ have the meaning given such terms in section

25 2710(e) of title 10, United States Code.
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1 (e) CONFORMING REPEAL.—Section 313 of the Na2 tional Defense Authorization Act for Fiscal Year 2002

3 (Public Law 107–107; 115 Stat. 1051; 10 U.S.C. 2706

4 note) is repealed.

5 SEC. 332. EXTENSION OF AUTHORITY TO GRANT EXEMP6 TIONS TO CERTAIN REQUIREMENTS.

7 (a) AMENDMENT TO TOXIC SUBSTANCES CONTROL

8 ACT.—Section 6(e)(3) of the Toxic Substances Control

9 Act (15 U.S.C. 2605(e)(3)) is amended—

10 (1) in subparagraph (A), by striking ‘‘subpara11 graphs (B) and (C)’’ and inserting ‘‘subparagraphs

12 (B), (C), and (D)’’;

13 (2) in subparagraph (B), by striking ‘‘but not

14 more than 1 year from the date it is granted’’ and

15 inserting ‘‘but not more than 1 year from the date

16 it is granted, except as provided in subparagraph

17 (D)’’; and

18 (3) by adding at the end the following new sub19 paragraph:

20 ‘‘(D) The Administrator may grant an ex21 emption pursuant to subparagraph (B) for a

22 period of up to 3 years for the purpose of au23 thorizing the Secretary of Defense and the Sec24 retaries of the military departments to provide

25 for the transportation into the customs territory
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1 of the United States of polychlorinated

2 biphenyls generated by or under the control of

3 the Department of Defense for purposes of

4 their disposal, treatment, or storage in the cus5 toms territory of the United States.’’.

6 (b) SUNSET DATE.—The amendments made by sub7 section (a) shall cease to have effect on September 30,

8 2012. The termination of the authority to grant exemp9 tions pursuant to such amendments shall not effect the

10 validity of any exemption granted prior to such date.

11 (c) REPORT.—Not later than March 1, 2011, the

12 Secretary of Defense shall submit to the Committee on

13 Armed Services and the Committee on Environment and

14 Public Works of the Senate and the Committee on Armed

15 Services and the Committee on Energy and Commerce of

16 the House of Representatives a report on the status of

17 polychlorinated biphenyls generated by or under the con18 trol of the Department of Defense outside the United

19 States. The report shall address, at a minimum—

20 (1) the remaining volume of such poly21 chlorinated biphenyls that may require transpor22 tation into the customs territory of the United

23 States for disposal, treatment, or storage; and
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1 (2) the efforts that have been made by the De2 partment of Defense and other Federal agencies to

3 reduce such volume by—

4 (A) reducing the volume of polychlorinated

5 biphenyls generated by or under the control of

6 the Department of Defense outside the United

7 States; or

8 (B) developing alternative options for the

9 disposal, treatment, or storage of such poly10 chlorinated biphenyls.

11 SEC. 333. RESEARCH ON EFFECTS OF OCEAN DISPOSAL OF

12 MUNITIONS.

13 (a) IDENTIFICATION OF DISPOSAL SITES.—

14 (1) HISTORICAL REVIEW.—The Secretary of

15 Defense, in cooperation with the Commandant of the

16 Coast Guard, the Administrator of the National Oce17 anic and Atmospheric Administration, and the heads

18 of other relevant Federal agencies, shall conduct a

19 historical review of available records to determine

20 the number, size, and probable locations of sites

21 where the Armed Forces disposed of military muni22 tions in coastal waters. The historical review shall,

23 to the extent possible, identify the types of muni24 tions at individual sites.
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1 (2) INTERIM REPORTS.—The Secretary of De2 fense shall periodically, but no less often than annu3 ally, release any new information obtained during

4 the historical review conducted under paragraph (1).

5 The Secretary may withhold from public release the

6 exact nature and locations of munitions the potential

7 unauthorized retrieval of which could pose a signifi8 cant threat to the national defense or public safety.

9 (3) INCLUSION OF INFORMATION IN ANNUAL

10 REPORT ON ENVIRONMENTAL RESTORATION ACTIVI11 TIES.—The Secretary shall include the information

12 obtained pursuant to the review conducted under

13 paragraph (1) in the annual report on environmental

14 restoration activities submitted to Congress under

15 section 2706 of title 10, United States Code.

16 (4) FINAL REPORT.—The Secretary shall com17 plete the historical review required under paragraph

18 (1) and submit a final report on the findings of such

19 review in the annual report on environmental res20 toration activities submitted to Congress for fiscal

21 year 2009.

22 (b) IDENTIFICATION OF NAVIGATIONAL AND SAFETY

23 HAZARDS.—

24 (1) IDENTIFICATION OF HAZARDS.—The Sec25 retary of Defense shall provide available information
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1 to the Secretary of Commerce to assist the National

2 Oceanic and Atmospheric Administration in pre3 paring nautical charts and other navigational mate4 rials for coastal waters that identify known or poten5 tial hazards posed by disposed military munitions to

6 private activities, including commercial shipping and

7 fishing operations.

8 (2) CONTINUATION OF INFORMATION ACTIVI9 TIES.—The Secretary of Defense shall continue ac10 tivities to inform potentially affected users of the

11 ocean environment, particularly fishing operations,

12 of the possible hazards from contact with disposed

13 military munitions and the proper methods to miti14 gate such hazards.

15 (c) RESEARCH.—

16 (1) IN GENERAL.—The Secretary of Defense

17 shall continue to conduct research on the effects on

18 the ocean environment and those who use it of mili19 tary munitions disposed of in coastal waters.

20 (2) SCOPE.—Research under paragraph (1)

21 shall include—

22 (A) the sampling and analysis of ocean wa23 ters and sea beds at or adjacent to military mu24 nitions disposal sites selected pursuant to para25 graph (3) to determine whether the disposed
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1 military munitions have caused or are causing

2 contamination of such waters or sea beds;

3 (B) investigation into the long-term effects

4 of seawater exposure on disposed military muni5 tions, particularly effects on chemical muni6 tions;

7 (C) investigation into the impacts any such

8 contamination may have on the ocean environ9 ment and those who use it, including public

10 health risks;

11 (D) investigation into the feasibility of re12 moving or otherwise remediating the military

13 munitions; and

14 (E) the development of effective safety

15 measures for dealing with such military muni16 tions.

17 (3) RESEARCH CRITERIA.—In conducting the

18 research required by this subsection, the Secretary

19 shall ensure that the sampling, analysis, and inves20 tigations are conducted at representative sites, tak21 ing into account factors such as depth, water tem22 perature, nature of the military munitions present,

23 and relative proximity to onshore populations. In

24 conducting such research, the Secretary shall select

25 at least two representative sites each in the areas of
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1 the Atlantic coast, the Pacific coast (including Alas2 ka), and the Hawaiian Islands.

3 (4) AUTHORITY TO MAKE GRANTS AND ENTER

4 INTO COOPERATIVE AGREEMENTS.—In conducting

5 research under this subsection, the Secretary may

6 make grants to, and enter into cooperative agree7 ments with, qualified research entities.

8 (d) MONITORING.—If the historical review required

9 by subsection (a) or the research required by subsection

10 (c) indicates that contamination is being released into the

11 ocean waters from disposed military munitions at a par12 ticular site or that the site poses a significant public health

13 or safety risk, the Secretary shall institute appropriate

14 monitoring mechanisms at that site and report to the con15 gressional defense committees on any additional measures

16 that may be necessary to address the release or risk, as

17 applicable.

18 (e) DEFINITIONS.—In this section:

19 (1) The term ‘‘coastal waters’’ means that part

20 of the ocean extending from the coast line of the

21 United States to the outer boundary of the outer

22 Continental Shelf.

23 (2) The term ‘‘coast line’’ has the meaning

24 given that term in section 2(c) of the Submerged

25 Lands Act (43 U.S.C. 1301(c)).
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1 (3) The term ‘‘outer Continental Shelf’’ has the

2 meaning given that term in section 2(a) of the Outer

3 Continental Shelf Lands Act (43 U.S.C. 1331(a)).

4 SEC. 334. CLARIFICATION OF MULTI-YEAR AUTHORITY TO

5 USE BASE CLOSURE FUNDS TO FUND COOP6 ERATIVE AGREEMENTS UNDER ENVIRON7 MENTAL RESTORATION PROGRAM.

8 Section 2701 of title 10, United States Code, is

9 amended by adding at the end the following new sentence:

10 ‘‘This two-year limitation does not apply to agreements

11 funded through the Department of Defense Base Closure

12 Account 1990 or the Department of Defense Base Closure

13 Account 2005 established by sections 2906 and 2906A,

14 respectively, of the Defense Base Closure and Realignment

15 Act of 1990 (part A of title XXIX of Public Law 101–

16 510; 10 U.S.C. 2687 note).’’.

17 SEC. 335. REIMBURSEMENT OF ENVIRONMENTAL PROTEC18 TION AGENCY FOR CERTAIN COSTS IN CON19 NECTION WITH MOSES LAKE WELLFIELD

20 SUPERFUND SITE, MOSES LAKE, WASH21 INGTON.

22 (a) AUTHORITY TO REIMBURSE.—(1) Using funds

23 described in subsection (b), the Secretary of Defense may

24 transfer not more than $111,114.03 to the Moses Lake

25 Wellfield Superfund Site 10–6J Special Account.
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1 (2) The payment under paragraph (1) is to reimburse

2 the Environmental Protection Agency for its costs in3 curred in overseeing a remedial investigation/feasibility

4 study performed by the Department of the Army under

5 the Defense Environmental Restoration Program at the

6 former Larson Air Force Base, Moses Lake Superfund

7 Site, Moses Lake, Washington.

8 (3) The reimbursement described in paragraph (2) is

9 provided for in the interagency agreement entered into by

10 the Department of the Army and the Environmental Pro11 tection Agency for the Moses Lake Wellfield Superfund

12 Site in March 1999.

13 (b) SOURCE OF FUNDS.—Any payment under sub14 section (a) shall be made using funds authorized to be ap15 propriated by section 301(17) for operation and mainte16 nance for Environmental Restoration, Formerly Used De17 fense Sites.

18 (c) USE OF FUNDS.—The Environmental Protection

19 Agency shall use the amount transferred under subsection

20 (a) to pay costs incurred by the Agency at the Moses Lake

21 Wellfield Superfund Site.
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1 Subtitle D—Reports

2 SEC. 351. COMPTROLLER GENERAL REPORT ON READINESS

3 OF THE GROUND FORCES OF THE ARMY AND

4 THE MARINE CORPS.

5 (a) REPORT REQUIRED.—

6 (1) IN GENERAL.—Not later than March 1,

7 2007, the Comptroller General of the United States

8 shall submit to the congressional defense committees

9 a report on the readiness of the active component

10 and reserve component ground forces of the Army

11 and the Marine Corps.

12 (2) ONE OR MORE REPORTS.—In complying

13 with the requirements of this section, the Comp14 troller General may submit a single report address15 ing all the elements specified in subsection (b) or

16 two or more reports addressing any combination of

17 such elements. If the Comptroller General submits

18 more than one report under this section, all such re19 ports shall be submitted not later than the date

20 specified in paragraph (1).

21 (b) ELEMENTS.—The elements specified in this sub22 section include the following:

23 (1) An analysis of the current readiness status

24 of each of the active component and reserve compo25 nent ground forces of the Army and the Marine
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1 Corps, including a description of any major defi2 ciency identified, an analysis of the trends in readi3 ness of such forces during not less than the ten

4 years preceding the report, and a comparison of the

5 current readiness indicators of such ground forces

6 with historical patterns.

7 (2) An assessment of the ability of the Army

8 and the Marine Corps to provide trained and ready

9 forces for ongoing operations as well as other com10 mitments assigned to the Army and the Marine

11 Corps in defense planning documents.

12 (3) An analysis of the availability of equipment

13 for training by units of the Army and the Marine

14 Corps in the United States in configurations com15 parable to the equipment being used by units of the

16 Army and the Marine Corps, as applicable, in ongo17 ing operations.

18 (4) An analysis of the current and projected re19 quirement for repair or replacement of equipment of

20 the Army and the Marine Corps due to ongoing op21 erations, and the impact of such required repair or

22 replacement of equipment on the availability of

23 equipment for training.
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1 (5) An assessment of the current personnel

2 tempo of Army and Marine Corps forces,

3 including—

4 (A) a comparison of such tempos to histor5 ical trends;

6 (B) an identification of particular occupa7 tional specialties that are experiencing unusu8 ally high or low deployment rates; and

9 (C) an analysis of retention rates in the oc10 cupational specialties identified under subpara11 graph (B).

12 (6) An assessment of the efforts of the Army

13 and the Marine Corps to mitigate the impact of high

14 operational tempos, including cross-leveling of per15 sonnel and equipment or cross training of personnel

16 or units for new or additional mission requirements.

17 (7) A description of the current policy of the

18 Army and the Marine Corps with respect to the mo19 bilization of reserve component personnel, together

20 with an analysis of the number of reserve component

21 personnel in each of the Army and the Marine Corps

22 that are projected to be available for deployment

23 under such policy.
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1 (c) FORM OF REPORT.—Any report submitted under

2 subsection (a) shall be submitted in both classified and

3 unclassified form.

4 SEC. 352. NATIONAL ACADEMY OF SCIENCES STUDY ON

5 HUMAN EXPOSURE TO CONTAMINATED

6 DRINKING WATER AT CAMP LEJEUNE, NORTH

7 CAROLINA.

8 (a) STUDY REQUIRED.—

9 (1) IN GENERAL.—Not later than 60 days after

10 the date of the enactment of this Act, the Secretary

11 of Navy shall enter into an agreement with the Na12 tional Academy of Sciences to conduct a comprehen13 sive review and evaluation of the available scientific

14 and medical evidence regarding associations between

15 pre-natal, child, and adult exposure to drinking

16 water contaminated with trichloroethylene (TCE)

17 and tetrachloroethylene (PCE) at Camp Lejeune,

18 North Carolina, as well as other pre-natal, child, and

19 adult exposures to levels of trichloroethylene and

20 tetrachloroethylene similar to those experienced at

21 Camp Lejeune, and birth defects or diseases and any

22 other adverse health effects.

23 (2) ELEMENTS.—In conducting the review and

24 evaluation, the Academy shall review and summarize

25 the scientific and medical evidence and assess the
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1 strength of that evidence in establishing a link or as2 sociation between exposure to trichloroethylene and

3 tetrachloroethylene and each birth defect or disease

4 suspected to be associated with such exposure. For

5 each birth defect or disease reviewed, the Academy

6 shall determine, to the extent practicable with avail7 able scientific and medical data, whether—

8 (A) a statistical association with such con9 taminant exposures exists; and

10 (B) there exist plausible biological mecha11 nisms or other evidence of a causal relationship

12 between contaminant exposures and the birth

13 defect or disease.

14 (3) SCOPE OF REVIEW.—In conducting the re15 view and evaluation, the Academy shall include a re16 view and evaluation of—

17 (A) the toxicologic and epidemiologic lit18 erature on adverse health effects of trichloro19 ethylene and tetrachloroethylene, including epi20 demiologic and risk assessment reports from

21 government agencies;

22 (B) recent literature reviews by the Na23 tional Research Council, Institute of Medicine,

24 and other groups;
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1 (C) the completed and on-going Agency for

2 Toxic Substances Disease Registry (ATSDR)

3 studies on potential trichloroethylene and

4 tetrachloroethylene exposure at Camp Lejeune;

5 and

6 (D) published meta-analyses.

7 (4) PEER REVIEW.—The Academy shall obtain

8 the peer review of the report prepared as a result of

9 the review and evaluation under applicable Academy

10 procedures.

11 (5) SUBMITTAL.—The Academy shall submit

12 the report prepared as a result of the review and

13 evaluation to the Secretary and Congress not later

14 than 18 months after entering into the agreement

15 for the review and evaluation under paragraph (1).

16 (b) NOTICE ON EXPOSURE.—

17 (1) NOTICE REQUIRED.—Upon completion of

18 the current epidemiological study by the Agency for

19 Toxic Substances Disease Registry, known as the

20 Exposure to Volatile Organic Compounds in Drink21 ing Water and Specific Birth Defects and Childhood

22 Cancers, United States Marine Corps Base Camp

23 Lejeune, North Carolina, the Commandant of the

24 Marine Corps shall take appropriate actions, includ25 ing the use of national media such as newspapers,
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1 television, and the Internet, to notify former Camp

2 Lejeune residents and employees who may have been

3 exposed to drinking water impacted by trichloro4 ethylene and tetrachloroethylene of the results of the

5 study.

6 (2) ELEMENTS.—The information provided by

7 the Commandant of the Marine Corps under para8 graph (1) shall be prepared in conjunction with the

9 Agency for Toxic Substances Disease Registry and

10 shall include a description of sources of additional

11 information relating to such exposure, including, but

12 not be limited to, the following:

13 (A) A description of the events resulting in

14 exposure to contaminated drinking water at

15 Camp Lejeune.

16 (B) A description of the duration and ex17 tent of the contamination of drinking water at

18 Camp Lejeune.

19 (C) The known and suspected health ef20 fects of exposure to the drinking water im21 pacted by trichloroethylene and

22 tetrachloroethylene at Camp Lejeune.
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1 SEC. 353. REPORT ON AERIAL TRAINING AIRSPACE RE2 QUIREMENTS OF THE DEPARTMENT OF DE3 FENSE.

4 (a) FINDINGS.—Congress makes the following find5 ings:

6 (1) Access to and use of available and unfet7 tered aerial training airspace is critical for pre8 serving aircrew warfighting proficiency and the abil9 ity to test, evaluate, and improve capabilities of both

10 personnel and equipment within the most realistic

11 training environments possible.

12 (2) The growth of civilian and commercial avia13 tion traffic and the rapid expansion of commercial

14 and general air traffic lanes across the continental

15 United States has left few remaining areas of the

16 country available for realistic air combat training or

17 expansion of existing training areas.

18 (3) Many Military Operating Areas (MOAs)

19 originally established in what was once open and

20 uncongested airspace are now encroached upon by a

21 heavy volume of commercial and general air traffic,

22 making training more difficult and potentially haz23 ardous.

24 (4) Some aerial training areas in the upper

25 great plains, western States, and Gulf coast remain

26 largely free from encroachment and available for in-
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1 creased use, expansion, and preservation for the fu2 ture.

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that the Department of Defense should—

5 (1) establish a policy to identify military aerial

6 training areas that are projected to remain viable

7 and free from encroachment well into the 21st cen8 tury;

9 (2) determine aerial training airspace require10 ments to meet future training and airspace require11 ments of current and next generation military air12 craft; and

13 (3) undertake all necessary actions in a timely

14 manner, including coordination with the Federal

15 Aviation Administration, to preserve and, if nec16 essary, expand those areas of airspace to meet

17 present and future training requirements.

18 (c) REPORT.—Not later than 120 days after the date

19 of the enactment of this Act, the Secretary of Defense

20 shall submit to the congressional defense committees a re21 port setting forth a proposed plan to preserve and, if nec22 essary, expand available aerial training airspace to meet

23 the projected needs of the Department of Defense for such

24 airspace through 2025.
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1 SEC. 354. REPORT ON ACTIONS TO REDUCE DEPARTMENT

2 OF DEFENSE CONSUMPTION OF PETROLEUM3 BASED FUEL.

4 (a) REPORT REQUIRED.—Not later than one year

5 after the date of the enactment of this Act, the Secretary

6 of Defense shall submit to the Committees on Armed Serv7 ices of the Senate and the House of Representatives a re8 port on the actions taken, and to be taken, by the Depart9 ment of Defense to reduce the consumption by the Depart10 ment of petroleum-based fuel.

11 (b) ELEMENTS.—The report shall include the status

12 of implementation by the Department of the requirements

13 of the following:

14 (1) The Energy Policy Act of 2005 (Public Law

15 109–58).

16 (2) The Energy Policy Act of 1992. (Public

17 Law 102–486)

18 (3) Executive Order 13123.

19 (4) Executive Order 13149.

20 (5) Any other law, regulation, or directive relat21 ing to the consumption by the Department of petro22 leum-based fuel.
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1 SEC. 355. REPORTS ON WITHDRAWAL OR DIVERSION OF

2 EQUIPMENT FROM RESERVE UNITS FOR SUP3 PORT OF RESERVE UNITS BEING MOBILIZED

4 AND OTHER UNITS.

5 (a) FINDINGS.—Congress makes the following find6 ings:

7 (1) The National Guard continues to provide

8 invaluable resources to meet national security, home9 land defense, and civil emergency mission require10 ments.

11 (2) Current military operations, transnational

12 threats, and domestic emergencies will increase the

13 use of the National Guard for both military support

14 to civilian authorities and to execute the military

15 strategy of the United States.

16 (3) To meet the demand for certain types of

17 equipment for continuing United States military op18 erations, the Army has required Army National

19 Guard Units to leave behind many items for use by

20 follow-on forces.

21 (4) The Governors of every State and 2 Terri22 tories expressed concern in February 2006 that

23 units returning from deployment overseas without

24 adequate equipment would have trouble carrying out

25 their homeland security and domestic disaster du26 ties.
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1 (5) The Department of Defense estimates that

2 it has directed the Army National Guard to leave

3 overseas more than 75,000 items valued at approxi4 mately $1,760,000,000 to support Operation Endur5 ing Freedom and Operation Iraqi Freedom.

6 (6) Department of Defense Directive 1225.6 re7 quires a replacement and tracking plan be developed

8 within 90 days for equipment of the reserve compo9 nents of the Armed Forces that is transferred to the

10 active components of the Armed Forces.

11 (7) In October 2005, the Government Account12 ability Office found that the Department of Defense

13 can only account for about 45 percent of such equip14 ment and has not developed a plan to replace such

15 equipment.

16 (8) The Government Accountability Office also

17 found that without a completed and implemented

18 plan to replace all National Guard equipment left

19 overseas, Army National Guard units will likely face

20 growing equipment shortages and challenges in re21 gaining readiness for future missions.

22 (b) REPORTS ON WITHDRAWAL OR DIVERSION OF

23 EQUIPMENT FROM RESERVE UNITS FOR SUPPORT OF

24 RESERVE UNITS BEING MOBILIZED AND OTHER

25 UNITS.—
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1 (1) IN GENERAL.—Chapter 1007 of title 10,

2 United States Code, is amended by inserting after

3 section 10208 the following new section:

4 ‘‘§ 10208a. Mobilization: reports on withdrawal or di5 version of equipment from Reserve units

6 for support of Reserve units being mobi7 lized and other units

8 ‘‘(a) REPORT REQUIRED ON WITHDRAWAL OR DI9 VERSION OF EQUIPMENT.—Not later than 90 days after

10 withdrawing or diverting equipment from a unit of the Re11 serve to a unit of the Reserve being ordered to active duty

12 under section 12301, 12302, or 12304 of this title, or to

13 a unit or units of a regular component of the armed forces,

14 for purposes of the discharge of the mission of such unit

15 or units, the Secretary concerned shall submit to the Sec16 retary of Defense a status report on the withdrawal or

17 diversion of equipment.

18 ‘‘(b) ELEMENTS.—Each status report under sub19 section (a) on equipment withdrawn or diverted shall in20 clude the following:

21 ‘‘(1) A plan to recapitalize or replace such

22 equipment within the unit from which withdrawn or

23 diverted.

24 ‘‘(2) If such equipment is to remain in a the25 ater of operations while the unit from which with-
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1 drawn or diverted returns to the United States, a

2 plan to provide such unit with recapitalized or re3 placement equipment appropriate to ensure the con4 tinuation of the readiness training of such unit.

5 ‘‘(3) A signed memorandum of understanding

6 between the active or reserve component to which

7 withdrawn or diverted and the reserve component

8 from which withdrawn or diverted that specifies—

9 ‘‘(A) how such equipment will be tracked;

10 and

11 ‘‘(B) when such equipment will be returned

12 to the component from which withdrawn or di13 verted.’’.

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 1007 of such title

16 is amended by inserting after the item relating to

17 section 10208 the following new item:

‘‘10208a. Mobilization: reports on withdrawal or diversion of equipment from

Reserve units for support of Reserve units being mobilized and

other units.’’.

18 SEC. 356. PLAN TO REPLACE EQUIPMENT WITHDRAWN OR

19 DIVERTED FROM THE RESERVE COMPO20 NENTS OF THE ARMED FORCES FOR OPER21 ATION IRAQI FREEDOM OR OPERATION EN22 DURING FREEDOM.

23 (a) PLAN REQUIRED.—Not later than 90 days after

24 the date of the enactment of this Act, the Secretary shall
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1 submit to the congressional defense committees a plan to

2 replace equipment withdrawn or diverted from units of the

3 reserve components of the Armed Forces for use in Oper4 ation Iraqi Freedom or Operation Enduring Freedom.

5 (b) ELEMENTS.—The plan required by subsection (a)

6 shall—

7 (1) identify the equipment to be recapitalized or

8 acquired to replace the equipment described in sub9 section (a);

10 (2) specify a schedule for recapitalizing or ac11 quiring the equipment identified under paragraph

12 (1), which schedule shall take into account applica13 ble depot workload and acquisition considerations,

14 including production capacity and current produc15 tion schedules; and

16 (3) specify the funding to be required to recapi17 talize or acquire the equipment identified under

18 paragraph (1).

19 SEC. 357. PLAN TO REPLACE EQUIPMENT WITHDRAWN OR

20 DIVERTED FROM THE RESERVE COMPO21 NENTS OF THE ARMED FORCES FOR OPER22 ATION IRAQI FREEDOM OR OPERATION EN23 DURING FREEDOM.

24 (a) PLAN REQUIRED.—Not later than 90 days after

25 the date of the enactment of this Act, the Secretary shall
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1 submit to the congressional defense committees a plan to

2 replace equipment withdrawn or diverted from units of the

3 reserve components of the Armed Forces for use in Oper4 ation Iraqi Freedom or Operation Enduring Freedom.

5 (b) ELEMENTS.—The plan required by subsection (a)

6 shall—

7 (1) identify the equipment to be recapitalized or

8 acquired to replace the equipment described in sub9 section (a);

10 (2) specify a schedule for recapitalizing or ac11 quiring the equipment identified under paragraph

12 (1), which schedule shall take into account applica13 ble depot workload and acquisition considerations,

14 including production capacity and current produc15 tion schedules; and

16 (3) specify the funding to be required to recapi17 talize or acquire the equipment identified under

18 paragraph (1).

19 SEC. 358. REPORT ON VEHICLE-BASED ACTIVE PROTEC20 TION SYSTEMS FOR CERTAIN BATTLEFIELD

21 THREATS.

22 (a) INDEPENDENT ASSESSMENT.—The Secretary of

23 Defense shall enter into a contract with an appropriate

24 entity independent of the United States Government to

25 conduct an assessment of various foreign and domestic
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1 technological approaches to vehicle-based active protection

2 systems for defense against both chemical energy and ki3 netic energy top-attack and direct fire threats, including

4 anti-tank missiles and rocket propelled grenades, mortars,

5 and other similar battlefield threats.

6 (b) REPORT.—

7 (1) REPORT REQUIRED.—The contract required

8 by subsection (a) shall require the entity entering in

9 to such contract to submit to the Secretary of De10 fense, and to the congressional defense committees,

11 not later than 180 days after the date of the enact12 ment of this Act, a report on the assessment re13 quired by that subsection.

14 (2) ELEMENTS.—The report required under

15 paragraph (1) shall include—

16 (A) a detailed comparative analysis and as17 sessment of the technical approaches covered by

18 the assessment under subsection (a), including

19 the feasibility, military utility, cost, and poten20 tial short-term and long-term development and

21 deployment schedule of such approaches; and

22 (B) any other elements specified by the

23 Secretary in the contract under subsection (a).
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1 SEC. 359. REPORT ON HIGH ALTITUDE AVIATION TRAINING

2 SITE, EAGLE COUNTY, COLORADO.

3 (a) REPORT REQUIRED.—Not later than December

4 15, 2006, the Secretary of the Army shall submit to the

5 congressional defense committees a report on the High Al6 titude Aviation Training Site (HAATS) in Eagle County,

7 Colorado.

8 (b) ELEMENTS.—The report required by subsection

9 (a) shall include the following:

10 (1) A description of the type of high altitude

11 aviation training being conducted at the High Alti12 tude Aviation Training Site, including the number of

13 pilots who receive such training on an annual basis

14 and the types of aircraft used in such training.

15 (2) A description of the number and type of

16 helicopters required at the High Altitude Aviation

17 Training Site to provide the high altitude aviation

18 training needed to sustain the war strategies con19 tained in the 2006 Quadrennial Defense Review, as20 suming that priority is afforded in the provision of

21 such training to commanders, instructor pilots, avia22 tion safety officers, and deploying units.

23 (3) A thorough evaluation of accident rates for

24 deployed helicopter pilots of the Army who receive

25 high altitude aviation training at the High Altitude

26 Aviation Training Site, and accident rates for de-
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1 ployed Army helicopter pilots who did not receive

2 such training, including the following:

3 (A) An estimate (set forth as a range) of

4 the number of accidents attributable to power

5 management.

6 (B) The number of accidents occurring in

7 a combat environment.

8 (C) The number of accidents occurring in

9 a non-combat environment.

10 (4) An evaluation of the inventory and avail11 ability of Army aircraft for purposes of establishing

12 an appropriate schedule for the assignment of a

13 CH–47 aircraft to the High Altitude Aviation Train14 ing Site, if the Chief of Staff of the Army deter15 mines there is value in conducting such training at

16 the HAATS.

17 (5) A description of the status of any efforts to

18 ensure that all helicopter aircrews deployed to the

19 area of responsibility of the Central Command

20 (CENTCOM AOR) are qualified in mountain flight

21 and power management prior to deployment, includ22 ing the locations where such training occurred, with

23 particular focus on the status of such efforts with

24 respect to aircrews to be deployed in support of Op25 eration Enduring Freedom.
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1 (c) TRACKING SYSTEM.—The Secretary shall imple2 ment a system for tracking those pilots that have attended

3 a school with an established program of instruction for

4 high altitude aviation operations training. The system

5 should, if practical, utilize an existing system that permits

6 the query of pilot flight experience and training.

7 SEC. 360. REPORT ON AIR FORCE SAFETY REQUIREMENTS

8 FOR AIR FORCE FLIGHT TRAINING OPER9 ATIONS AT PUEBLO MEMORIAL AIRPORT,

10 COLORADO.

11 (a) REPORT REQUIRED.—Not later than February

12 15, 2007, the Secretary of the Air Force shall submit to

13 the congressional defense committees a report on Air

14 Force safety requirements for Air Force flight training op15 erations at Pueblo Memorial Airport, Colorado.

16 (b) ELEMENTS.—The report required by subsection

17 (a) shall include the following:

18 (1) A description of the Air Force flying oper19 ations at Pueblo Memorial Airport.

20 (2) An assessment of the impact of Air Force

21 operations at Pueblo Memorial Airport on non-Air

22 Force activities at the airport.

23 (3) A description of the requirements necessary

24 at Pueblo Memorial Airport to ensure safe Air Force

25 flying operations, including continuous availability of
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1 fire protection, crash rescue, and other emergency

2 response capabilities.

3 (4) An assessment of the necessity of providing

4 for a continuous fire-fighting capability at Pueblo

5 Memorial Airport.

6 (5) A description and analysis of alternatives

7 for Air Force flying operations at Pueblo Memorial

8 Airport, including the cost and availability of such

9 alternatives.

10 (6) An assessment of whether Air Force fund11 ing is required to assist the City of Pueblo, Colo12 rado, in meeting Air Force requirements for safe Air

13 Force flight operations at Pueblo Memorial Airport,

14 and if required, the Air Force plan to provide the

15 funds to the city.

16 SEC. 360A. REPORT ON USE OF ALTERNATIVE FUELS BY

17 THE DEPARTMENT OF DEFENSE.

18 (a) STUDY.—The Secretary of Defense shall conduct

19 a study on the use of alternative fuels by the Armed

20 Forces and the Defense Agencies, including any measures

21 that can be taken to increase the use of such fuels by the

22 Department of Defense and the Defense Agencies.

23 (b) ELEMENTS.—The study shall address each mat24 ter set forth in paragraphs (1) through (7) of section

25 357(b) of the National Defense Authorization Act for Fis-
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1 cal Year 2006 (Public Law 109–163; 119 Stat. 3207) with

2 respect to alternative fuels (rather than to the fuels speci3 fied in such paragraphs).

4 (c) REPORT.—

5 (1) IN GENERAL.—Not later than 180 days

6 after the date of the enactment of this Act, the Sec7 retary shall submit to the Committees on Armed

8 Services of the Senate and the House of Representa9 tives a report on the study conducted under this sec10 tion.

11 (2) MANNER OF SUBMITTAL.—The report re12 quired by this subsection may be incorporated into,

13 or provided as an annex to, the study required by

14 section 357(c) of the National Defense Authorization

15 Act for Fiscal Year 2006.

16 (d) ALTERNATIVE FUELS DEFINED.—In this section,

17 the term ‘‘alternative fuels’’ means biofuels, biodiesel, re18 newable diesel, ethanol that contain less than 85 percent

19 ethyl alcohol, and cellulosic ethanol.
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1 Subtitle E—Workplace and Depot

2 Issues

3 SEC. 361. MINIMUM CAPITAL INVESTMENT LEVELS FOR

4 PUBLIC DEPOTS SERVICED BY WORKING

5 CAPITAL FUNDS.

6 (a) MINIMUM INVESTMENT LEVELS.—Section 2208

7 of title 10, United States Code, is amended by adding at

8 the end the following new subsection:

9 ‘‘(s) MINIMUM CAPITAL INVESTMENT FOR PUBLIC

10 DEPOTS SERVICED BY WORKING CAPITAL FUNDS.—(1)

11 Each public depot that is serviced by a working capital

12 fund shall invest in its capital budget each fiscal year an

13 amount equal to not less than six percent of the actual

14 total revenue of the public depot for the previous fiscal

15 year.

16 ‘‘(2) The Secretary of Defense may waive the require17 ment in paragraph (1) with respect to a particular public

18 depot for a fiscal year if the Secretary determines that

19 the waiver is necessary for reasons of national security and

20 notifies the congressional defense committees of the rea21 sons for the waiver.

22 ‘‘(3)(A) Each year, not later than 45 days after the

23 President submits to Congress the budget for a fiscal year

24 under section 1105 of title 31, the Secretary shall submit

25 to the congressional defense committees budget justifica-
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1 tion documents summarizing the level of capital invest2 ment at each public depot serviced by working capital

3 funds as of the end of the previous fiscal year.

4 ‘‘(B) Each report under this paragraph shall include

5 the following:

6 ‘‘(i) A specification of the statutory, regulatory,

7 or operational impediments, if any, to achieving the

8 requirement in paragraph (1) with respect to each

9 public depot described in that paragraph.

10 ‘‘(ii) A description of the benchmarks estab11 lished by each public depot and working capital fund

12 for capital investment and the relationship of the

13 benchmarks to applicable performance measurement

14 methods used in the private sector.

15 ‘‘(iii) If the requirement set out in paragraph

16 (1) is not met for any public depot in the previous

17 fiscal year, a statement of the reasons why and a

18 plan of actions to meet the requirement for such

19 public depot in the fiscal year beginning in the year

20 in which such report is submitted.

21 ‘‘(4) In this subsection, the terms ‘total revenue’ and

22 ‘capital budget’ have the meaning given such terms in De23 partment of Defense Financial Management Regulation

24 7000.14–R of June 2004.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by

2 this section shall take effect on the date of the enactment

3 of this Act, and shall apply with respect to fiscal years

4 beginning on or after that date.

5 SEC. 362. PERMANENT EXCLUSION OF CERTAIN CONTRACT

6 EXPENDITURES FROM PERCENTAGE LIMITA7 TION ON THE PERFORMANCE OF DEPOT8 LEVEL MAINTENANCE.

9 Section 2474(f)(1) of title 10, United States Code,

10 is amended by striking ‘‘entered into during fiscal years

11 2003 through 2009’’.

12 SEC. 363. ADDITIONAL EXCEPTION TO PROHIBITION ON

13 CONTRACTOR PERFORMANCE OF FIRE14 FIGHTING FUNCTIONS.

15 Section 2465(b) of title 10, United States Code, is

16 amended by adding at the end the following new para17 graph:

18 ‘‘(5) A contract for the performance of fire19 fighting functions to—

20 ‘‘(A) fight wildland fires such as range or

21 forest fires; and

22 ‘‘(B) perform wildland fire management,

23 including the conduct of hazardous fuels treat24 ments to reduce wildland fire risks (including

25 prescribed fire and mechanical treatments).’’.
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1 SEC. 364. TEMPORARY SECURITY GUARD SERVICES FOR

2 CERTAIN WORK CAUSED BY REALIGNMENT

3 OF MILITARY INSTALLATIONS UNDER THE

4 BASE CLOSURE LAWS.

5 (a) AUTHORITY FOR TEMPORARY SERVICES.—Not6 withstanding section 2465 of title 10, United States Code,

7 the Secretary of the military department concerned may,

8 for a period not to exceed one year at any single military

9 installation, contract for security guard services at mili10 tary installations approved for realignment under a base

11 closure law when such services are required for the safe

12 and secure relocation of either of the following:

13 (1) Military munitions and munitions-related

14 equipment.

15 (2) High-value items in temporary storage

16 areas.

17 (b) DEFINITIONS.—In this section:

18 (1) The term ‘‘base closure law’’ has the mean19 ing given such term in section 101(a)(17) of title 10,

20 United States Code.

21 (2) The term ‘‘military munitions’’ has the

22 meaning given such term in section 101(e)(4) of title

23 10, United States Code.

24 (c) EXPIRATION.—The authority to enter into a con25 tract under subsection (a) shall expire on September 15,

26 2011.
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1 Subtitle F—Other Matters

2 SEC. 371. RECYCLING OF MILITARY MUNITIONS.

3 (a) IN GENERAL.—Chapter 443 of title 10, United

4 States Code, is amended by adding at the end the fol5 lowing new section:

6 ‘‘§ 4690. Sale of recyclable munitions materials

7 ‘‘(a) AUTHORITY FOR PROGRAM.—(1) The Secretary

8 of the Army may carry out a program to—

9 ‘‘(A) sell recyclable munitions materials result10 ing from the demilitarization of conventional mili11 tary munitions; and

12 ‘‘(B) use the proceeds of sale for reclamation,

13 recycling, and reuse of conventional military muni14 tions.

15 ‘‘(2) The program authorized by this section may be

16 known as the ‘Military Munitions Recycling Program’.

17 ‘‘(b) GEOGRAPHIC LIMITATION.—The program au18 thorized by subsection (a) may only be carried out in the

19 United States and its possessions.

20 ‘‘(c) METHOD OF SALE.—(1) Except as provided in

21 paragraph (2), the Secretary shall use competitive proce22 dures to sell recyclable munitions materials under the pro23 gram authorized by this section.

24 ‘‘(2) The Secretary may use procedures other than

25 competitive procedures to sell recyclable munitions mate-
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1 rials under the program authorized by this section in any

2 case in which the Secretary determines there is only one

3 potential buyer of the items being offered for sale.

4 ‘‘(3) The provisions of title 40 concerning disposal

5 of property are not applicable to sales of materials under

6 the program authorized by this section.

7 ‘‘(d) USE OF PROCEEDS.—(1) Proceeds from the sale

8 of recyclable munitions materials under the program au9 thorized by this section shall be credited to the Ammuni10 tion Demilitarization Account within the Procurement of

11 Ammunition, Army, Account.

12 ‘‘(2) Amounts credited to the Ammunition Demili13 tarization Account under paragraph (1) shall be available

14 solely for purposes of reclamation, recycling, and reuse of

15 conventional military munitions, including for research

16 and development for such purposes and for the procure17 ment of equipment for such purposes.

18 ‘‘(3) Funds credited to the Ammunition Demilitariza19 tion Account under paragraph (1) in a fiscal year shall

20 be available for obligation under paragraph (2) during the

21 fiscal year in which the funds are so credited and for three

22 fiscal years thereafter.

23 ‘‘(4) Funds credited to the Ammunition Demilitariza24 tion Account under paragraph (1) that are not obligated

25 under paragraph (2) within the period of availability
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1 under paragraph (3) shall, at the end of such period, be

2 deposited into the Treasury as miscellaneous receipts.

3 ‘‘(e) REGULATIONS.—The Secretary shall prescribe

4 regulations on the operation of the program authorized by

5 this section. The regulations shall be consistent with the

6 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and

7 any regulations prescribed thereunder.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections

9 at the beginning of chapter 443 of such title is amended

10 by adding at the end the following new item:

‘‘4690. Sale of recyclable munitions materials.’’.

11 SEC. 372. INCENTIVES CLAUSES IN CHEMICAL DEMILI12 TARIZATION CONTRACTS.

13 (a) IN GENERAL.—

14 (1) AUTHORITY TO INCLUDE CLAUSES IN CON15 TRACTS.—The Secretary of Defense may, for the

16 purpose specified in paragraph (2), authorize the in17 clusion of an incentives clause in any contract for

18 the destruction of the United States stockpile of le19 thal chemical agents and munitions carried out pur20 suant to section 1412 of the Department of Defense

21 Authorization Act, 1986 (50 U.S.C. 1521).

22 (2) PURPOSE.—The purpose of a clause re23 ferred to in paragraph (1) is to provide the con24 tractor for a chemical demilitarization facility an in25 centive to accelerate the safe elimination of the
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1 United States chemical weapons stockpile and to re2 duce the total cost of the Chemical Demilitarization

3 Program by providing incentive payments for the

4 early completion of destruction operations and the

5 closure of such facility.

6 (b) INCENTIVES CLAUSES.—

7 (1) IN GENERAL.—An incentives clause under

8 this section shall permit the contractor for the chem9 ical demilitarization facility concerned the oppor10 tunity to earn incentive payments for the completion

11 of destruction operations and facility closure activi12 ties within target incentive ranges specified in such

13 clause.

14 (2) LIMITATION ON INCENTIVE PAYMENTS.—

15 The maximum incentive payment under an incen16 tives clause with respect to a chemical demilitariza17 tion facility may not exceed amounts as follows:

18 (A) In the case of an incentive payment for

19 the completion of destruction operations within

20 the target incentive range specified in such

21 clause, $110,000,000.

22 (B) In the case of an incentive payment

23 for the completion of facility closure activities

24 within the target incentive range specified in

25 such clause, $55,000,000.
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1 (3) TARGET RANGES.—An incentives clause in

2 a contract under this section shall specify the target

3 incentive ranges of costs for completion of destruc4 tion operations and facility closure activities, respec5 tively, as jointly agreed upon by the contracting offi6 cer and the contractor concerned. An incentives

7 clause shall require a proportionate reduction in the

8 maximum incentive payment amounts in the event

9 that the contractor exceeds an agreed-upon target

10 cost if such excess costs are the responsibility of the

11 contractor.

12 (4) CALCULATION OF INCENTIVE PAYMENTS.—

13 The amount of the incentive payment earned by a

14 contractor for a chemical demilitarization facility

15 under an incentives clause under this section shall

16 be based upon a determination by the Secretary on

17 how early in the target incentive range specified in

18 such clause destruction operations or facility closure

19 activities, as the case may be, are completed.

20 (5) CONSISTENCY WITH EXISTING OBLIGA21 TIONS.—The provisions of any incentives clause

22 under this section shall be consistent with the obli23 gation of the Secretary of Defense under section

24 1412(c)(1)(A) of the Department of Defense Au25 thorization Act, 1986 to provide for maximum pro-
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1 tection for the environment, the general public, and

2 the personnel who are involved in the destruction of

3 the lethal chemical agents and munitions.

4 (6) ADDITIONAL TERMS AND CONDITIONS.—In

5 negotiating the inclusion of an incentives clause in

6 a contract under this section, the Secretary may in7 clude in such clause such additional terms and con8 ditions as the Secretary considers appropriate.

9 (c) ADDITIONAL LIMITATION ON PAYMENTS.—

10 (1) PAYMENT CONDITIONAL ON PERFORM11 ANCE.—No payment may be made under an incen12 tives clause under this section unless the Secretary

13 determines that the contractor concerned has satis14 factorily performed its duties under such incentives

15 clause.

16 (2) PAYMENT CONTINGENT ON APPROPRIA17 TIONS.—An incentives clause under this section shall

18 specify that the obligation of the Government to

19 make payment under such incentives clause is sub20 ject to the availability of appropriations for that pur21 pose. Amounts appropriated for Chemical Agents

22 and Munitions Destruction, Defense, shall be avail23 able for payments under incentives clauses under

24 this section.
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1 SEC. 373. EXTENSION OF DEPARTMENT OF DEFENSE TELE2 COMMUNICATIONS BENEFIT PROGRAM.

3 (a) TERMINATION AT END OF CONTINGENCY OPER4 ATION.—Subsection (c) of section 344 of the National De5 fense Authorization Act for Fiscal Year 2004 (Public Law

6 108–136; 117 Stat. 1449), as amended by section 341 of

7 the Ronald W. Reagan National Defense Authorization

8 Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat.

9 1857), is further amended by striking ‘‘terminate on Sep10 tember 30, 2006’’ and inserting ‘‘terminate with respect

11 to a contingency operation on the date that is 60 days

12 after the date on which the Secretary determines that the

13 contingency operation has ended’’.

14 (b) APPLICATION TO OTHER CONTINGENCY OPER15 ATIONS.—Such section is further amended—

16 (1) in subsection (a), by striking ‘‘Operation

17 Iraqi Freedom and Operation Enduring Freedom’’

18 and inserting ‘‘a contingency operation’’; and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(g) CONTINGENCY OPERATION DEFINED.—In this

22 section, the term ‘contingency operation’ has the meaning

23 given that term in section 101(a)(13) of title 10, United

24 States Code. The term includes Operation Iraqi Freedom

25 and Operation Enduring Freedom.’’.
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1 (c) EXTENSION TO HOSPITALIZED MEMBERS.—Sub2 section (a) of such section is further amended—

3 (1) by striking ‘‘As soon as possible after the

4 date of the enactment of this Act, the’’ and inserting

5 ‘‘The’’; and

6 (2) by adding at the end the following new sen7 tence: ‘‘As soon as possible after the date of the en8 actment of the National Defense Authorization Act

9 for Fiscal Year 2007, the Secretary shall extend

10 such telecommunications benefit to members of the

11 Armed Forces who, although no longer covered by

12 the preceding sentence, are hospitalized as a result

13 of wounds or other injuries incurred while serving in

14 direct support of a contingency operation.’’.

15 (d) REPORT ON IMPLEMENTATION OF MODIFIED

16 BENEFITS.—Not later than 90 days after the date of the

17 enactment of this Act, the Secretary of Defense shall sub18 mit to the congressional defense committees a report de19 scribing the status of the efforts of the Department of De20 fense to implement the modifications of the Department

21 of Defense telecommunications benefit required by section

22 344 of the National Defense Authorization Act for Fiscal

23 Year 2004 that result from the amendments made by this

24 section.
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1 SEC. 374. EXTENSION OF AVAILABILITY OF FUNDS FOR

2 COMMEMORATION OF SUCCESS OF THE

3 ARMED FORCES IN OPERATION ENDURING

4 FREEDOM AND OPERATION IRAQI FREEDOM.

5 Section 378(b)(2) of the National Defense Authoriza6 tion Act for Fiscal Year 2006 (Public Law 109–163; 119

7 Stat. 3214) is amended by striking ‘‘fiscal year 2006’’ and

8 inserting ‘‘fiscal years 2006 and 2007’’.

9 SEC. 375. ENERGY EFFICIENCY IN WEAPONS PLATFORMS.

10 (a) POLICY.—It shall be the policy of the Department

11 of Defense to improve the fuel efficiency of weapons plat12 forms, consistent with mission requirements, in order to—

13 (1) enhance platform performance;

14 (2) reduce the size of the fuel logistics systems;

15 (3) reduce the burden high fuel consumption

16 places on agility;

17 (4) reduce operating costs; and

18 (5) dampen the financial impact of volatile oil

19 prices.

20 (b) REPORT REQUIRED.—

21 (1) IN GENERAL.—Not later than one year

22 after the date of the enactment of this Act, the Sec23 retary of Defense shall submit to the congressional

24 defense committees a report on the progress of the

25 Department of Defense in implementing the policy

26 established by subsection (a).
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1 (2) ELEMENTS.—The report shall include the

2 following:

3 (A) An assessment of the feasibility of des4 ignating a senior Department of Defense offi5 cial to be responsible for implementing the pol6 icy established by subsection (a).

7 (B) A summary of the recommendations

8 made as of the time of the report by—

9 (i) the Energy Security Integrated

10 Product Team established by the Secretary

11 of Defense in April 2006;

12 (ii) the Defense Science Board Task

13 Force on Department of Defense Energy

14 Strategy established by the Under Sec15 retary of Defense for Acquisition, Tech16 nology and Logistics on May 2, 2006; and

17 (iii) the January 2001 Defense

18 Science Board Task Force report on Im19 proving Fuel Efficiency of Weapons Plat20 forms.

21 (C) For each recommendation summarized

22 under subparagraph (B)—

23 (i) the steps that the Department has

24 taken to implement such recommendation;
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1 (ii) any additional steps the Depart2 ment plans to take to implement such rec3 ommendation; and

4 (iii) for any recommendation that the

5 Department does not plan to implement,

6 the reasons for the decision not to imple7 ment such recommendation.

8 (D) An assessment of the extent to which

9 the research, development, acquisition, and lo10 gistics guidance and directives of the Depart11 ment for weapons platforms are appropriately

12 designed to address the policy established by

13 subsection (a).

14 (E) An assessment of the extent to which

15 such guidance and directives are being carried

16 out in the research, development, acquisition,

17 and logistics programs of the Department.

18 (F) A description of any additional actions

19 that, in the view of the Secretary, may be need20 ed to implement the policy established by sub21 section (a).

22 SEC. 376. CHEMICAL DEMILITARIZATION PROGRAM CON23 TRACTING AUTHORITY.

24 (a) MULTIYEAR CONTRACTING AUTHORITY.—The

25 Secretary of Defense may carry out responsibilities under
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1 section 1412(a) of the Department of Defense Authoriza2 tion Act, 1986 (Public Law 99–145; 50 U.S.C. 1521(a))

3 through multiyear contracts entered into before the date

4 of the enactment of this Act.

5 (b) AVAILABILITY OF FUNDS.—Contracts entered

6 into under subsection (a) shall be funded through annual

7 appropriations for the destruction of chemical agents and

8 munitions.

9 SEC. 377. UTILIZATION OF FUEL CELLS AS BACK-UP POWER

10 SYSTEMS IN DEPARTMENT OF DEFENSE OP11 ERATIONS.

12 The Secretary of Defense shall consider the utiliza13 tion of fuel cells as replacements for current back-up

14 power systems in a variety of Department of Defense oper15 ations and activities, including in telecommunications net16 works, perimeter security, and remote facilities, in order

17 to increase the operational longevity of back-up power sys18 tems and stand-by power systems in such operations and

19 activities.

20 SEC. 378. PREPOSITIONING OF DEPARTMENT OF DEFENSE

21 ASSETS TO IMPROVE SUPPORT TO CIVILIAN

22 AUTHORITIES.

23 (a) PREPOSITIONING AUTHORIZED.—The Secretary

24 of Defense may provide for the prepositioning of pre25 packaged or preidentified basic response assets, such as
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1 medical supplies, food and water, and communications

2 equipment, in order to improve Department of Defense

3 support to civilian authorities.

4 (b) REIMBURSEMENT.—To the extent required by

5 section 1535 of title 31, United States Code (popularly

6 known as the ‘‘Economy Act’’), or other applicable law,

7 the Secretary shall require reimbursement of the Depart8 ment of Defense for costs incurred in the prepositioning

9 of basic response assets under subsection (a).

10 (c) LIMITATION.—Basic response assets may not be

11 prepositioned under subsection (a) if the prepositioning of

12 such assets will adversely affect the military preparedness

13 of the United States.

14 (d) PROCEDURES AND GUIDELINES.—The Secretary

15 may develop procedures and guidelines applicable to the

16 prepositioning of basic response assets under this section.

17 SEC. 379. RECOVERY AND AVAILABILITY TO CORPORATION

18 FOR THE PROMOTION OF RIFLE PRACTICE

19 AND FIREARMS SAFETY OF CERTAIN FIRE20 ARMS, AMMUNITION, AND PARTS.

21 (a) IN GENERAL.—Subchapter II of chapter 407 of

22 title 36, United States Code, is amended by inserting after

23 the item relating to section 40728 the following new sec24 tion:
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1 ‘‘§ 40728A. Recovery and availability of excess fire2 arms, ammunition, and parts granted to

3 foreign countries

4 ‘‘(a) RECOVERY.—The Secretary of the Army may

5 recover from any country to which a grant of rifles, ammu6 nition, repair parts, or other supplies described in section

7 40731(a) of this title is made under section 505 of the

8 Foreign Assistance Act of 1961 (22 U.S.C. 2314) any

9 such rifles, ammunition, repair parts, or supplies that are

10 excess to the needs of such country.

11 ‘‘(b) COST OF RECOVERY.—(1) Except as provided

12 in paragraph (2), the cost of recovery of any rifles, ammu13 nition, repair parts, or supplies under subsection (a) shall

14 be treated as incremental direct costs incurred in pro15 viding logistical support to the corporation for which reim16 bursement shall be required as provided in section

17 40727(a) of this title.

18 ‘‘(2) The Secretary may require the corporation to

19 pay costs of recovery described in paragraph (1) in ad20 vance of incurring such costs. Amounts so paid shall not

21 be subject to the provisions of section 3302 of title 31,

22 but shall be administered in accordance with the last sen23 tence of section 40727(a) of this title.

24 ‘‘(c) AVAILABILITY.—Any rifles, ammunition, repair

25 parts, or supplies recovered under subsection (a) shall be

26 available for transfer to the corporation in accordance with
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1 the provisions of section 40728 of this title under such

2 additional terms and conditions as the Secretary shall pre3 scribe for purposes of this section.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections

5 at the beginning of chapter 407 of such title is amended

6 by inserting after the item relating to section 40728 the

7 following new item:

‘‘40728A. Recovery and availability of excess firearms, ammunition, and

parts granted to foreign countries.’’.

8 TITLE IV—MILITARY

9 PERSONNEL AUTHORIZATIONS

10 Subtitle A—Active Forces

11 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

12 The Armed Forces are authorized strengths for active

13 duty personnel as of September 30, 2007, as follows:

14 (1) The Army, 512,400.

15 (2) The Navy, 340,700.

16 (3) The Marine Corps, 180,000.

17 (4) The Air Force, 334,200.

18 SEC. 402. REPEAL OF REQUIREMENT FOR PERMANENT END

19 STRENGTH LEVELS TO SUPPORT TWO MAJOR

20 REGIONAL CONTINGENCIES.

21 (a) REPEAL.—Section 691 of title 10, United States

22 Code, is repealed.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 39 of such title is amended

3 by striking the item relating to section 691.

4 Subtitle B—Reserve Forces

5 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

6 (a) IN GENERAL.—The Armed Forces are authorized

7 strengths for Selected Reserve personnel of the reserve

8 components as of September 30, 2007, as follows:

9 (1) The Army National Guard of the United

10 States, 350,000.

11 (2) The Army Reserve, 200,000.

12 (3) The Navy Reserve, 71,300.

13 (4) The Marine Corps Reserve, 39,600.

14 (5) The Air National Guard of the United

15 States, 107,000.

16 (6) The Air Force Reserve, 74,900.

17 (7) The Coast Guard Reserve, 10,000.

18 (b) ADJUSTMENTS.—The end strengths prescribed by

19 subsection (a) for the Selected Reserve of any reserve com20 ponent shall be proportionately reduced by—

21 (1) the total authorized strength of units orga22 nized to serve as units of the Selected Reserve of

23 such component which are on active duty (other

24 than for training) at the end of the fiscal year; and
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1 (2) the total number of individual members not

2 in units organized to serve as units of the Selected

3 Reserve of such component who are on active duty

4 (other than for training or for unsatisfactory partici5 pation in training) without their consent at the end

6 of the fiscal year.

7 Whenever such units or such individual members are re8 leased from active duty during any fiscal year, the end

9 strength prescribed for such fiscal year for the Selected

10 Reserve of such reserve component shall be increased pro11 portionately by the total authorized strengths of such

12 units and by the total number of such individual members.

13 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

14 DUTY IN SUPPORT OF THE RESERVES.

15 Within the end strengths prescribed in section

16 411(a), the reserve components of the Armed Forces are

17 authorized, as of September 30, 2007, the following num18 ber of Reserves to be serving on full-time active duty or

19 full-time duty, in the case of members of the National

20 Guard, for the purpose of organizing, administering, re21 cruiting, instructing, or training the reserve components:

22 (1) The Army National Guard of the United

23 States, 27,441.

24 (2) The Army Reserve, 15,416.

25 (3) The Navy Reserve, 12,564.
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1 (4) The Marine Corps Reserve, 2,261.

2 (5) The Air National Guard of the United

3 States, 13,206.

4 (6) The Air Force Reserve, 2,707.

5 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

6 (DUAL STATUS).

7 The minimum number of military technicians (dual

8 status) as of the last day of fiscal year 2007 for the re9 serve components of the Army and the Air Force (notwith10 standing section 129 of title 10, United States Code) shall

11 be the following:

12 (1) For the Army Reserve, 7,912.

13 (2) For the Army National Guard of the United

14 States, 26,050.

15 (3) For the Air Force Reserve, 10,124.

16 (4) For the Air National Guard of the United

17 States, 23,255.

18 SEC. 414. FISCAL YEAR 2007 LIMITATION ON NUMBER OF

19 NON-DUAL STATUS TECHNICIANS.

20 (a) LIMITATIONS.—

21 (1) NATIONAL GUARD.—Within the limitation

22 provided in section 10217(c)(2) of title 10, United

23 States Code, the number of non-dual status techni24 cians employed by the National Guard as of Sep25 tember 30, 2007, may not exceed the following:
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1 (A) For the Army National Guard of the

2 United States, 1,600.

3 (B) For the Air National Guard of the

4 United States, 350.

5 (2) ARMY RESERVE.—The number of non-dual

6 status technicians employed by the Army Reserve as

7 of September 30, 2007, may not exceed 595.

8 (3) AIR FORCE RESERVE.—The number of non9 dual status technicians employed by the Air Force

10 Reserve as of September 30, 2007, may not exceed

11 90.

12 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In

13 this section, the term ‘‘non-dual status technician’’ has the

14 meaning given that term in section 10217(a) of title 10,

15 United States Code.

16 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU17 THORIZED TO BE ON ACTIVE DUTY FOR

18 OPERATIONAL SUPPORT.

19 During fiscal year 2007, the maximum number of

20 members of the reserve components of the Armed Forces

21 who may be serving at any time on full-time operational

22 support duty under section 115(b) of title 10, United

23 States Code, is the following:

24 (1) The Army National Guard of the United

25 States, 17,000.
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1 (2) The Army Reserve, 13,000.

2 (3) The Navy Reserve, 6,200.

3 (4) The Marine Corps Reserve, 3,000.

4 (5) The Air National Guard of the United

5 States, 16,000.

6 (6) The Air Force Reserve, 14,000.

7 Subtitle C—Authorization of

8 Appropriations

9 SEC. 421. MILITARY PERSONNEL.

10 There is hereby authorized to be appropriated to the

11 Department of Defense for military personnel for fiscal

12 year 2007 a total of $112,043,468,000. The authorization

13 in the preceding sentence supersedes any other authoriza14 tion of appropriations (definite or indefinite) for such pur15 pose for fiscal year 2007.

16 SEC. 422. ARMED FORCES RETIREMENT HOME.

17 There is hereby authorized to be appropriated for fis18 cal year 2007 from the Armed Forces Retirement Home

19 Trust Fund the sum of $54,846,000 for the operation of

20 the Armed Forces Retirement Home.
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1 TITLE V—MILITARY PERSONNEL

2 POLICY

3 Subtitle A—Officer Personnel

4 Policy

5 Part I—Officer Personnel Policy Generally

6 SEC. 501. MILITARY STATUS OF OFFICERS SERVING IN CER7 TAIN INTELLIGENCE COMMUNITY POSITIONS.

8 Section 528 of title 10, United States Code, is

9 amended by adding at the end the following new sub10 sections:

11 ‘‘(e) MILITARY STATUS.—An officer of the Armed

12 Forces, while serving in a position covered by this

13 section—

14 ‘‘(1) shall not be subject to supervision or con15 trol by the Secretary of Defense or by any officer or

16 employee of the Department of Defense, except as

17 directed by the Secretary or the Secretary’s designee

18 concerning reassignment from such position; and

19 ‘‘(2) shall not exercise, by reason of the officer’s

20 status as an officer, any supervision or control with

21 respect to any of the military or civilian personnel

22 of the Department of Defense except as otherwise

23 authorized by law.

24 ‘‘(f) EFFECT OF APPOINTMENT.—Except as provided

25 in subsection (e), the appointment of an officer of the
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1 Armed Forces to a position covered by this section shall

2 not affect the status, position, rank, or grade of such offi3 cer in the Armed Forces, or any emolument, perquisite,

4 right, privilege, or benefit incident to or arising out of such

5 status, position, rank, or grade.

6 ‘‘(g) MILITARY PAY AND ALLOWANCES.—(1) An offi7 cer of the Armed Forces on active duty who is appointed

8 to a position covered by this section shall, while serving

9 in such position and while remaining on active duty, con10 tinue to receive military pay and allowances, and shall not

11 receive the pay prescribed for such position.

12 ‘‘(2) Funds from which pay and allowances under

13 paragraph (1) are paid shall be reimbursed from the fol14 lowing:

15 ‘‘(A) Funds available to the Director of the

16 Central Intelligence Agency, for positions within the

17 Central Intelligence Agency.

18 ‘‘(B) Funds available to the Director of Na19 tional Intelligence, for positions within the Office of

20 the Director of National Intelligence.’’.
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1 SEC. 502. EXTENSION OF TEMPORARY REDUCTION OF

2 TIME-IN-GRADE REQUIREMENT FOR ELIGI3 BILITY FOR PROMOTION FOR CERTAIN AC4 TIVE-DUTY LIST OFFICERS IN GRADES OF

5 FIRST LIEUTENANT AND LIEUTENANT (JUN6 IOR GRADE).

7 Section 619(a)(1)(B) of title 10, United States Code,

8 is amended by striking ‘‘October 1, 2005’’ and inserting

9 ‘‘October 1, 2008’’.

10 SEC. 503. EXTENSION OF AGE LIMITS FOR ACTIVE-DUTY

11 GENERAL AND FLAG OFFICERS.

12 (a) RESTATEMENT AND MODIFICATION OF CURRENT

13 AGE LIMITS.—Section 1251 of title 10, United States

14 Code, is amended to read as follows:

15 ‘‘§ 1251. Regular commissioned officers; exceptions

16 ‘‘(a) AGE LIMITS FOR GENERAL AND FLAG OFFI17 CERS.—(1) Unless retired or separated earlier, each reg18 ular commissioned officer of the Army, Air Force, or Ma19 rine Corps serving in a grade at or above brigadier gen20 eral, or rear admiral (lower half) in the case of an officer

21 in the Navy, shall be retired on the first day of the month

22 following the month in which the officer becomes 64 years

23 of age.

24 ‘‘(2) Notwithstanding paragraph (1), the Secretary of

25 Defense may defer the retirement of an officer serving in

26 a position that carries a grade above major general or rear
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1 admiral, but such a deferment may not extend beyond the

2 first day of the month following the month in which the

3 officer becomes 66 years of age.

4 ‘‘(3) Notwithstanding paragraphs (1) and (2), the

5 President may defer the retirement of an officer serving

6 in a position that carries a grade above major general or

7 rear admiral, but such a deferment may not extend beyond

8 the first day of the month following the month in which

9 the officer becomes 68 years of age.

10 ‘‘(b) AGE LIMITS FOR OTHER OFFICERS.—Unless re11 tired or separated earlier, each regular commissioned offi12 cer of the Army, Air Force, or Marine Corps other than

13 an officer covered by section 1252 of this title or a com14 missioned warrant officer) serving in a grade below briga15 dier general, or rear admiral (lower half) in the case of

16 an officer in the Navy, shall be retired on the first day

17 of the month following the month in which the officer be18 comes 62 years of age.

19 ‘‘(c) DEFERRED RETIREMENT OF HEALTH PROFES20 SIONS OFFICERS.—(1) The Secretary of the military de21 partment concerned may, subject to subsection (e), defer

22 the retirement under subsection (b) of a health professions

23 officer if during the period of the deferment the officer

24 will be performing duties consisting primarily of providing

25 patient care or performing other clinical duties.
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1 ‘‘(2) For purposes of this subsection, a health profes2 sions officer is—

3 ‘‘(A) a medical officer;

4 ‘‘(B) a dental officer; or

5 ‘‘(C) an officer in the Army Nurse Corps, an

6 officer in the Navy Nurse Corps, or an officer in the

7 Air Force designated as a nurse.

8 ‘‘(d) DEFERRED RETIREMENT OF CHAPLAINS.—The

9 Secretary of the military department concerned may, sub10 ject to subsection (e), defer the retirement under sub11 section (b) of an officer who is appointed or designated

12 as a chaplain if the Secretary determines that such defer13 ral is in the best interest of the military department con14 cerned.

15 ‘‘(e) LIMITATION ON DEFERRAL OF RETIRE16 MENTS.—(1) Except as provided in paragraph (2), a

17 deferment under subsection (c) or (d) may not extend be18 yond the first day of the month following the month in

19 which the officer becomes 68 years of age.

20 ‘‘(2) The Secretary of the military department con21 cerned may extend a deferment under subsection (c) or

22 (d) beyond the day referred to in paragraph (1) if the Sec23 retary determines that extension of the deferment is nec24 essary for the needs of the military department concerned.

25 Such an extension shall be made on a case-by-case basis
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1 and shall be for such period as the Secretary considers

2 appropriate.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of chapter 63 of such title is amended

5 by striking the item relating to section 1251 and inserting

6 the following new item:

‘‘1251. Regular commissioned officers; exceptions.’’.

7 SEC. 504. MODIFICATION OF AUTHORITIES ON SENIOR

8 MEMBERS OF THE JUDGE ADVOCATE GEN9 ERAL’S CORPS.

10 (a) DEPARTMENT OF THE ARMY.—

11 (1) GRADE OF JUDGE ADVOCATE GENERAL.—

12 Subsection (a) of section 3037 of title 10, United

13 States Code, is amended by striking the third sen14 tence and inserting the following new sentence: ‘‘The

15 Judge Advocate General, while so serving, has the

16 grade of lieutenant general.’’.

17 (2) REDESIGNATION OF ASSISTANT JUDGE AD18 VOCATE GENERAL AS DEPUTY JUDGE ADVOCATE

19 GENERAL.—Such section is further amended—

20 (A) in subsection (a), by striking ‘‘Assist21 ant Judge Advocate General’’ each place it ap22 pears and inserting ‘‘Deputy Judge Advocate

23 General’’; and
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1 (B) in subsection (d), by striking ‘‘Assist2 ant Judge Advocate General’’ and inserting

3 ‘‘Deputy Judge Advocate General’’.

4 (3) CONFORMING AND CLERICAL AMEND5 MENTS.—(A) The heading of such section is amend6 ed by striking ‘‘Assistant Judge Advocate

7 General’’ and inserting ‘‘Deputy Judge Advo8 cate General’’.

9 (B) The table of sections at the beginning of

10 chapter 305 of such title is amended in the item re11 lating to section 3037 by striking ‘‘Assistant Judge

12 Advocate General’’ and inserting ‘‘Deputy Judge Ad13 vocate General’’.

14 (b) GRADE OF JUDGE ADVOCATE GENERAL OF THE

15 NAVY.—Section 5148(b) of such title is amended in sub16 section by striking the last sentence and inserting the fol17 lowing new sentence: ‘‘The Judge Advocate General, while

18 so serving, has the grade of vice admiral or lieutenant gen19 eral, as appropriate.’’.

20 (c) GRADE OF JUDGE ADVOCATE GENERAL OF THE

21 AIR FORCE.—Section 8037(a) of such title is amended by

22 striking the last sentence and inserting the following new

23 sentence: ‘‘The Judge Advocate General, while so serving,

24 has the grade of lieutenant general.’’.
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1 (d) EXCLUSION FROM ACTIVE-DUTY GENERAL AND

2 FLAG OFFICER STRENGTH AND DISTRIBUTION LIMITA3 TIONS.—Section 525(b) of such title is amended by adding

4 at the end the following new paragraph:

5 ‘‘(9) An officer while serving as the Judge Advocate

6 General of the Army, the Judge Advocate General of the

7 Navy, or the Judge Advocate General of the Air Force

8 is in addition to the number that would otherwise be per9 mitted for that officer’s armed force for officers serving

10 on active duty in grades above major general or rear admi11 ral under paragraph (1) or (2), as applicable.’’.

12 SEC. 505. REQUIREMENT FOR SIGNIFICANT JOINT EXPERI13 ENCE FOR OFFICERS APPOINTED AS SUR14 GEON GENERAL OF THE ARMY, NAVY, AND

15 AIR FORCE.

16 (a) RESTATEMENT AND STANDARDIZATION OF AU17 THORITIES ON SURGEON GENERAL OF THE ARMY.—

18 (1) IN GENERAL.—Chapter 305 of title 10,

19 United States Code, is amended by inserting after

20 section 3036 the following new section:

21 ‘‘§ 3036a. Surgeon General: appointment; grade

22 ‘‘(a) SURGEON GENERAL.—There is a Surgeon Gen23 eral of the Army who is appointed by the President, by

24 and with the advice and consent of the Senate, from offi25 cers in any corps of the Army Medical Department.
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1 ‘‘(b) GRADE.—The Surgeon General, while so serv2 ing, has the grade of lieutenant general.

3 ‘‘(c) TERM OF OFFICE.—An officer appointed as Sur4 geon General normally holds office for four years.

5 ‘‘(d) JOINT EXPERIENCE REQUIRED FOR APPOINT6 MENT.—(1) The Secretary of Defense may not rec7 ommend an officer to the President for appointment as

8 Surgeon General unless the officer is determined by the

9 Chairman of the Joint Chiefs of Staff, in accordance with

10 criteria and as a result of a process established by the

11 Chairman, to have significant joint experience.

12 ‘‘(2) Until October 1, 2010, the Secretary of Defense

13 may waive the limitation in paragraph (1) with respect

14 to the recommendation of an officer as Surgeon General

15 if—

16 ‘‘(A) the Secretary of the Army requests the

17 waiver; and

18 ‘‘(B) in the judgment of the Secretary of

19 Defense—

20 ‘‘(i) the officer is qualified for service as

21 Surgeon General; and

22 ‘‘(ii) the waiver is necessary for the good

23 of the Army.

24 ‘‘(3) Any waiver under paragraph (2) shall be made

25 on a case-by-case basis.’’.
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1 (2) CONFORMING AMENDMENT.—Section

2 3036(b) of such title is amended in the flush matter

3 following paragraph (2) by striking the second sen4 tence.

5 (3) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 305 of such title

7 is amended by inserting after the item relating to

8 section 3036 the following new item:

‘‘3036a. Surgeon General: appointment; grade.’’.

9 (b) SURGEON GENERAL OF THE NAVY.—

10 (1) IN GENERAL.—Section 5137 of such title is

11 amended—

12 (A) by redesignating subsection (b) as sub13 section (c); and

14 (B) by inserting after subsection (a) the

15 following new subsection (b):

16 ‘‘(b) JOINT EXPERIENCE REQUIRED FOR APPOINT17 MENT AS CHIEF.—(1) The Secretary of Defense may not

18 recommend an officer to the President for appointment

19 as Surgeon General unless the officer is determined by the

20 Chairman of the Joint Chiefs of Staff, in accordance with

21 criteria and as a result of a process established by the

22 Chairman, to have significant joint experience.

23 ‘‘(2) Until October 1, 2010, the Secretary of Defense

24 may waive the limitation in paragraph (1) with respect
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1 to the recommendation of an officer as Surgeon General

2 if—

3 ‘‘(A) the Secretary of the Navy requests the

4 waiver; and

5 ‘‘(B) in the judgment of the Secretary of

6 Defense—

7 ‘‘(i) the officer is qualified for service as

8 Surgeon General; and

9 ‘‘(ii) the waiver is necessary for the good

10 of the Navy.

11 ‘‘(3) Any waiver under paragraph (2) shall be made

12 on a case-by-case basis.’’.

13 (2) TECHNICAL AMENDMENTS.—Such section is

14 further amended—

15 (A) in subsection (a), by inserting

16 ‘‘CHIEF.—’’ after ‘‘(a)’’; and

17 (B) in subsection (c), as redesignated by

18 paragraph (1)(A) of this subsection, by insert19 ing ‘‘DEPUTY CHIEF.—’’ after ‘‘(c)’’.

20 (c) SURGEON GENERAL OF THE AIR FORCE.—The

21 text of section 8036 of such title is amended to read as

22 follows:

23 ‘‘(a) SURGEON GENERAL.—There is a Surgeon Gen24 eral of the Air Force who is appointed by the President,

25 by and with the advice and consent of the Senate, from
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1 officers of the Air Force who are in the Air Force medical

2 department.

3 ‘‘(b) GRADE.—The Surgeon General, while so serv4 ing, has the grade of lieutenant general.

5 ‘‘(c) JOINT EXPERIENCE REQUIRED FOR APPOINT6 MENT.—(1) The Secretary of Defense may not rec7 ommend an officer to the President for appointment as

8 Surgeon General unless the officer is determined by the

9 Chairman of the Joint Chiefs of Staff, in accordance with

10 criteria and as a result of a process established by the

11 Chairman, to have significant joint experience.

12 ‘‘(2) Until October 1, 2010, the Secretary of Defense

13 may waive the limitation in paragraph (1) with respect

14 to the recommendation of an officer as Surgeon General

15 if—

16 ‘‘(A) the Secretary of the Air Force requests

17 the waiver; and

18 ‘‘(B) in the judgment of the Secretary of

19 Defense—

20 ‘‘(i) the officer is qualified for service as

21 Surgeon General; and

22 ‘‘(ii) the waiver is necessary for the good

23 of the Air Force.

24 ‘‘(3) Any waiver under paragraph (2) shall be made

25 on a case-by-case basis.’’.
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1 (d) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on October 1, 2008, and shall

3 apply with respect to appointments to the position of Sur4 geon General of the Army, Surgeon General of the Navy,

5 and Surgeon General of the Air Force that are made on

6 or after that date.

7 SEC. 506. GRADE AND EXCLUSION FROM ACTIVE-DUTY GEN8 ERAL AND FLAG OFFICER DISTRIBUTION

9 AND STRENGTH LIMITATIONS OF OFFICER

10 SERVING AS ATTENDING PHYSICIAN TO THE

11 CONGRESS.

12 (a) GRADE.—

13 (1) REGULAR OFFICER.—(A) Chapter 41 of

14 title 10, United States Code, is amended by adding

15 at the end the following new section:

16 ‘‘§ 722. Attending Physician to the Congress: grade

17 ‘‘A general officer serving as Attending Physician to

18 the Congress, while so serving, holds the grade of major

19 general. A flag officer serving as Attending Physician to

20 the Congress, while so serving, holds the grade of rear ad21 miral.’’.

22 (B) The table of sections at the beginning of

23 such chapter is amended by adding at the end the

24 following new item:

‘‘722. Attending Physician to the Congress: grade.’’.
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1 (2) RESERVE OFFICER.—(A) Section 12210 of

2 such title is amended by striking ‘‘who holds’’ and

3 all that follows and inserting ‘‘holds the reserve

4 grade of major general or rear admiral, as appro5 priate.’’.

6 (B) The heading of such section is amended to

7 read as follows:

8 ‘‘§ 12210. Attending Physician to the Congress: re9 serve grade’’.

10 (C) The table of sections at the beginning of

11 chapter 1205 of such title is amended by striking

12 the item relating to section 12210 and inserting the

13 following new item:

‘‘12210. Attending Physician to the Congress: reserve grade.’’.

14 (b) DISTRIBUTION LIMITATIONS.—Section 525 of

15 title 10, United States Code, is amended by adding at the

16 end the following new subsection:

17 ‘‘(f) An officer while serving as Attending Physician

18 to the Congress is in addition to the number that would

19 otherwise be permitted for that officer’s armed force for

20 officers serving on active duty in grades above brigadier

21 general or rear admiral (lower half) under subsection

22 (a).’’.

23 (c) ACTIVE-DUTY STRENGTH LIMITATIONS.—Section

24 526 of such title is amended by adding at the end the

25 following new subsection:
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1 ‘‘(f) EXCLUSION OF ATTENDING PHYSICIAN TO THE

2 CONGRESS.—The limitations of this section do not apply

3 to the general or flag officer who is serving as Attending

4 Physician to the Congress.’’.

5 SEC. 507. DISCRETIONARY SEPARATION AND RETIREMENT

6 OF CHIEF WARRANT OFFICERS, W–4, TWICE

7 FAILING SELECTION FOR PROMOTION.

8 (a) IN GENERAL.—Section 580(a) of title 10, United

9 States Code, is amended—

10 (1) in paragraph (1), by inserting ‘‘, except as

11 provided in paragraph (5),’’ after ‘‘shall’’;

12 (2) by redesignating paragraphs (5) and (6) as

13 paragraphs (6) and (7), respectively; and

14 (3) by inserting after paragraph (4) the fol15 lowing new paragraph (5):

16 ‘‘(5) In the case of a warrant officer described in

17 paragraph (1) who is in the grade of chief warrant officer,

18 W–4, the retirement or separation of such member under

19 this subsection shall be subject to the discretion of the

20 Secretary concerned.’’.

21 (b) ELIGIBILITY FOR PROMOTION.—Paragraph (6) of

22 such section, as redesignated by subsection (a)(2) of this

23 section, is further amended—
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1 (1) by striking ‘‘A warrant officer’’ and insert2 ing ‘‘(A) Except as provided in subparagraph (B), a

3 warrant officer’’; and

4 (2) by adding at the end the following new sub5 paragraph:

6 ‘‘(B) A warrant officer who is retained on active duty

7 pursuant to an exercise of the authority in paragraph (5)

8 is eligible for further consideration for promotion while re9 maining on active duty.’’.

10 SEC. 508. INCREASED MANDATORY RETIREMENT AGES FOR

11 RESERVE OFFICERS.

12 (a) MAJOR GENERALS AND REAR ADMIRALS.—

13 (1) INCREASED AGE.—Section 14511 of title

14 10, United States Code, is amended by striking ‘‘62

15 years’’ and inserting ‘‘64 years’’.

16 (2) CONFORMING AMENDMENT.—The heading

17 of such section is amended to read as follows:

18 ‘‘§ 14511. Separation at age 64: major generals and

19 rear admirals’’.

20 (b) BRIGADIER GENERALS AND REAR ADMIRALS

21 (LOWER HALF).—

22 (1) INCREASED AGE.—Section 14510 of such

23 title is amended by striking ‘‘60 years’’ and insert24 ing ‘‘62 years’’.
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1 (2) CONFORMING AMENDMENT.—The heading

2 of such section is amended to read as follows:

3 ‘‘§ 14510. Separation at age 62: brigadier generals and

4 rear admirals (lower half)’’.

5 (c) OFFICERS BELOW BRIGADIER GENERAL OR

6 REAR ADMIRAL (LOWER HALF).—

7 (1) INCREASED AGE.—Section 14509 of such

8 title is amended by striking ‘‘60 years’’ and insert9 ing ‘‘62 years’’.

10 (2) CONFORMING AMENDMENT.—The heading

11 of such section is amended to read as follows:

12 ‘‘§ 14509. Separation at age 62: reserve officers in

13 grades below brigadier general or rear

14 admiral (lower half)’’.

15 (d) CERTAIN OTHER OFFICERS.—

16 (1) INCREASED AGE.—Section 14512 of such

17 title is amended by striking ‘‘64 years’’ both places

18 it appears and inserting ‘‘66 years’’.

19 (2) CONFORMING AMENDMENT.—The heading

20 of such section is amended to read as follows:

21 ‘‘§ 14512. Separation at age 66: officers holding cer22 tain offices’’.

23 (e) CONFORMING AMENDMENTS.—Section 14508 of

24 such title is amended—
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1 (1) in subsection (c), by striking ‘‘60 years’’

2 and inserting ‘‘62 years’’; and

3 (2) in subsection (d), by striking ‘‘62 years’’

4 and inserting ‘‘64 years’’.

5 (f) CLERICAL AMENDMENT.—The table of sections at

6 the beginning of chapter 1407 of such title is amended

7 by striking the items relating to sections 14509, 14510,

8 14511, and 14512 and inserting the following new items:

‘‘14509. Separation at age 62: reserve officers in grades below brigadier general

or rear admiral (lower half).

‘‘14510. Separation at age 62: brigadier generals and rear admirals (lower half).

‘‘14511. Separation at age 64: major generals and rear admirals.

‘‘14512. Separation at age 66: officers holding certain offices.’’.

9 SEC. 509. MODIFICATION OF QUALIFICATIONS FOR LEAD10 ERSHIP OF THE NAVAL POSTGRADUATE

11 SCHOOL.

12 Section 7042(a) of title 10, United States Code, is

13 amended—

14 (1) in paragraph (1)(A)—

15 (A) by inserting ‘‘active-duty or retired’’

16 after ‘‘An’’;

17 (B) by inserting ‘‘or Marine Corps’’ after

18 ‘‘Navy’’;

19 (C) by inserting ‘‘or colonel, respectively’’

20 after ‘‘captain’’; and

21 (D) by inserting ‘‘or assigned’’ after ‘‘de22 tailed’’;
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1 (2) in paragraph (2), by inserting ‘‘and the

2 Commandant of the Marine Corps’’ after ‘‘Oper3 ations’’; and

4 (3) in paragraph (4)(A)—

5 (A) by inserting ‘‘(unless such individual is

6 a retired officer of the Navy or Marine Corps

7 in a grade not below the grade of captain or

8 colonel, respectively)’’ after ‘‘in the case of a ci9 vilian’’;

10 (B) by inserting ‘‘active-duty or retired’’

11 after ‘‘in the case of an’’; and

12 (C) by inserting ‘‘or Marine Corps’’ after

13 ‘‘Navy’’.

14 Part II—Officer Promotion Policy

15 SEC. 515. PROMOTIONS.

16 (a) OFFICERS ON ACTIVE-DUTY LIST.—

17 (1) CLARIFICATION OF APPROVAL OF SELEC18 TION BOARD REPORTS.—Subsection (a)(1) of section

19 624 of title 10, United States Code, is amended by

20 inserting ‘‘or a delegate of the President’’ after ‘‘the

21 President’’.

22 (2) DATE OF ESTABLISHMENT OF PROMOTION

23 LIST.—Such subsection is further amended by add24 ing at the end the following new sentence: ‘‘For pro25 motions that occur by and with the advice and con-
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1 sent of the Senate, a promotion list shall be treated

2 as being established for purposes of this chapter on

3 the date on which the list is received by the Senate

4 for consideration.’’.

5 (3) UNIFORM PROCEDURES FOR DELAYS OF AP6 POINTMENT UPON PROMOTION.—Subsection (d) of

7 such section is amended—

8 (A) in paragraph (1), by striking ‘‘pre9 scribed by the Secretary concerned’’ and insert10 ing ‘‘prescribed by the Secretary of Defense’’;

11 and

12 (B) in paragraph (2), by striking ‘‘pre13 scribed by the Secretary concerned’’ and insert14 ing ‘‘prescribed by the Secretary of Defense’’.

15 (4) ADDITIONAL BASIS FOR DELAY OF AP16 POINTMENT.—Subsection (d)(1) of such section is

17 further amended—

18 (A) in subparagraph (C), by striking ‘‘or’’

19 at the end;

20 (B) in subparagraph (D), by striking the

21 period at the end and inserting ‘‘; or’’;

22 (C) by inserting after subparagraph (D)

23 the following new subparagraph (E):

24 ‘‘(E) substantiated adverse information about

25 the officer that is material to the decision to appoint
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1 the officer is under review by the Secretary of De2 fense or the Secretary concerned.’’; and

3 (D) in the flush matter following subpara4 graph (E), as inserted by subparagraph (C) of

5 this paragraph—

6 (i) by striking ‘‘or if the officer is ac7 quitted’’ and inserting ‘‘if the officer is ac8 quitted’’; and

9 (ii) by inserting after ‘‘brought

10 against him,’’ the following: ‘‘or if after a

11 review of substantiated adverse informa12 tion about the officer regarding the re13 quirement for exemplary conduct set forth

14 in section 3583, 5947, or 8583 of this

15 title, as applicable, the officer is deter16 mined to be among the officers best quali17 fied for promotion,’’.

18 (5) ADDITIONAL BASIS FOR DELAY IN APPOINT19 MENT FOR LACK OF QUALIFICATIONS.—Subsection

20 (d)(2) of such section is further amended—

21 (A) in the first sentence, by inserting be22 fore ‘‘is mentally, physically,’’ the following:

23 ‘‘has not met the requirement for exemplary

24 conduct set forth in section 3583, 5947, or

25 8583 of this title, as applicable, or’’; and
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1 (B) in the second sentence, by striking ‘‘If

2 the Secretary concerned later determines that

3 the officer is qualified for promotion to such

4 grade’’ and inserting ‘‘If it is later determined

5 by a civilian official of the Department of De6 fense (not below the level of Secretary of a mili7 tary department) that the officer is qualified for

8 promotion to such grade and, after a review of

9 adverse information regarding the requirement

10 for exemplary conduct set forth in section 3583,

11 5947, or 8583 of this title, as applicable, the of12 ficer is determined to be among the officers

13 best qualified for promotion to such grade’’.

14 (b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—

15 (1) CLARIFICATION OF APPROVAL OF SELEC16 TION BOARD REPORTS.—Subsection (a) of section

17 14308 of title 10, United States Code, is amended

18 by inserting ‘‘or a delegate of the President’’ after

19 ‘‘the President’’.

20 (2) DATE OF ESTABLISHMENT OF PROMOTION

21 LIST.—Such subsection is further amended by add22 ing at the end the following new sentence: ‘‘For pro23 motions that occur by and with the advice and con24 sent of the Senate, a promotion list shall be treated

25 as being established for purposes of this chapter on
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1 the date on which the list is received by the Senate

2 for consideration.’’.

3 (3) UNIFORM PROCEDURES FOR DELAYS OF AP4 POINTMENT UPON PROMOTION.—Section 14311 of

5 such title is amended—

6 (A) in subsection (a)(1), by striking ‘‘Sec7 retary of the military department concerned’’

8 and inserting ‘‘Secretary of Defense’’; and

9 (B) in subsection (b), by striking ‘‘Sec10 retary of the military department concerned’’

11 and inserting ‘‘Secretary of Defense’’.

12 (4) ADDITIONAL BASIS FOR ORIGINAL DELAY

13 OF APPOINTMENT.—Section 14311(a) of such title is

14 further amended—

15 (A) in paragraph (1), by adding at the end

16 the following new subparagraph:

17 ‘‘(E) Substantiated adverse information about

18 the officer that is material to the decision to appoint

19 the officer is under review by the Secretary of De20 fense or the Secretary concerned.’’; and

21 (B) in paragraph (2)—

22 (i) by striking ‘‘or if the officer is ac23 quitted’’ and inserting ‘‘if the officer is ac24 quitted’’; and
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1 (ii) by inserting after ‘‘brought

2 against him,’’ the following: ‘‘or if after a

3 review of substantiated adverse informa4 tion about the officer regarding the re5 quirement for exemplary conduct set forth

6 in section 3583, 5947, or 8583 of this

7 title, as applicable, the officer is deter8 mined to be among the officers best quali9 fied for promotion,’’.

10 (5) ADDITIONAL BASIS FOR DELAY IN APPOINT11 MENT FOR LACK OF QUALIFICATIONS.—Section

12 14311(b) of such section is further amended—

13 (A) in the first sentence, by inserting be14 fore ‘‘is mentally, physically,’’ the following:

15 ‘‘has not met the requirement for exemplary

16 conduct set forth in section 3583, 5947, or

17 8583 of this title, as applicable, or’’; and

18 (B) in the second sentence, by striking ‘‘If

19 the Secretary concerned later determines that

20 the officer is qualified for promotion to the

21 higher grade’’ and inserting ‘‘If it is later deter22 mined by a civilian official of the Department

23 of Defense (not below the level of Secretary of

24 a military department) that the officer is quali25 fied for promotion to the higher grade and,
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1 after a review of adverse information regarding

2 the requirement for exemplary conduct set forth

3 in section 3583, 5947, or 8583 of this title, as

4 applicable, the officer is determined to be

5 among the officers best qualified for promotion

6 to the higher grade’’.

7 (c) DEADLINE FOR UNIFORM REGULATIONS ON

8 DELAY OF PROMOTIONS.—The Secretary of Defense shall

9 prescribe the regulations required by section 624(d) of

10 title 10, United States Code (as amended by subsection

11 (a)(3) of this section), and the regulations required by sec12 tion 14311 of title 10, United States Code (as amended

13 by subsection (b)(3) of this section), not later than March

14 1, 2008.

15 (d) EFFECTIVE DATE.—The amendments made by

16 this section shall take effect on the date of the enactment

17 of this Act, and shall apply with respect to officers on pro18 motion lists established on or after that date.

19 SEC. 516. CONSIDERATION OF ADVERSE INFORMATION BY

20 PROMOTION SELECTION BOARDS IN REC21 OMMENDATIONS ON OFFICERS TO BE PRO22 MOTED.

23 (a) OFFICERS ON ACTIVE-DUTY LIST.—Section

24 616(c) of title 10, United States Code, is amended—
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1 (1) in paragraph (1), by striking ‘‘and’’ at the

2 end;

3 (2) in paragraph (2), by striking the period at

4 the end and inserting ‘‘; and’’; and

5 (3) by adding at the end the following new

6 paragraph:

7 ‘‘(3) a majority of the members of the board,

8 after consideration by all members of the board of

9 any adverse information about the officer that is

10 provided to the board under section 615 of this title,

11 finds that the officer is among the officers best

12 qualified for promotion to meet the needs of the

13 armed force concerned consistent with the require14 ment of exemplary conduct set forth in section 3583,

15 5947, or 8583 of this title, as applicable.’’.

16 (b) OFFICERS ON RESERVE-ACTIVE STATUS LIST.—

17 Section 14108(b) of such title is amended—

18 (1) in the heading, by striking ‘‘MAJORITY RE19 QUIRED’’ and inserting ‘‘ACTIONS REQUIRED’’;

20 (2) in paragraph (1), by striking ‘‘and’’ at the

21 end;

22 (3) in paragraph (2), by striking the period at

23 the end and inserting ‘‘; and’’; and

24 (4) by adding at the end the following new

25 paragraph:
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1 ‘‘(3) a majority of the members of the board,

2 after consideration by all members of the board of

3 any adverse information about the officer that is

4 provided to the board under section 14107 of this

5 title, finds that the officer is among the officers best

6 qualified for promotion to meet the needs of the

7 armed force concerned consistent with the require8 ment of exemplary conduct set forth in section 3583,

9 5947, or 8583 of this title, as applicable.’’.

10 (c) EFFECTIVE DATE.—The amendments made by

11 this section shall take effect on the date of the enactment

12 of this Act, and shall apply with respect to promotion se13 lection boards convened on or after that date.

14 SEC. 517. EXPANDED AUTHORITY FOR REMOVAL FROM RE15 PORTS OF SELECTION BOARDS OF OFFICERS

16 RECOMMENDED FOR PROMOTION TO

17 GRADES BELOW GENERAL AND FLAG

18 GRADES.

19 (a) OFFICERS ON ACTIVE-DUTY LIST.—Section

20 618(d) of title 10, United States Code, is amended—

21 (1) by striking ‘‘The name’’ and inserting ‘‘(1)

22 Except as provided in paragraph (2), the name’’;

23 and

24 (2) by adding at the end the following new

25 paragraph:
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1 ‘‘(2) In the case of an officer recommended by a se2 lection board for promotion to a grade below brigadier

3 general or rear admiral (lower half), the name of the offi4 cer may also be removed from the report of the selection

5 board by the Secretary of Defense or the Deputy Secretary

6 of Defense.’’.

7 (b) OFFICERS ON RESERVE-ACTIVE STATUS LIST.—

8 Section 14111(b) of such title is amended—

9 (1) by striking ‘‘The name’’ and inserting ‘‘(1)

10 Except as provided in paragraph (2), the name’’;

11 and

12 (2) by adding at the end the following new

13 paragraph:

14 ‘‘(2) In the case of an officer recommended by a se15 lection board for promotion to a grade below brigadier

16 general or rear admiral (lower half), the name of the offi17 cer may also be removed from the report of the selection

18 board by the Secretary of Defense or the Deputy Secretary

19 of Defense.’’.

20 (c) EFFECTIVE DATE.—The amendments made by

21 this section shall take effect on the date of the enactment

22 of this Act, and shall apply with respect to promotion se23 lection boards convened on or after that date.
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1 SEC. 518. CLARIFICATION OF NONDISCLOSURE REQUIRE2 MENTS APPLICABLE TO PROMOTION SELEC3 TION BOARD PROCEEDINGS.

4 (a) SELECTION BOARD PROCEEDINGS FOR ACTIVE

5 DUTY OFFICERS.—Subsection (f) of section 618 of title

6 10, United States Code, is amended to read as follows:

7 ‘‘(f)(1) Proceedings of a selection board convened

8 under section 611 of this title shall not be disclosed to

9 any person not a member of the board.

10 ‘‘(2) Discussions and deliberations of a selection

11 board described in paragraph (1), and any written or doc12 umentary records thereof, shall—

13 ‘‘(A) be immune from legal process;

14 ‘‘(B) not be admitted as evidence; and

15 ‘‘(C) not be used for any purpose in any action,

16 suit, or judicial or administrative proceeding without

17 the consent of the Secretary of the military depart18 ment concerned.’’.

19 (b) SELECTION BOARD PROCEEDINGS FOR RESERVE

20 OFFICERS.—

21 (1) IN GENERAL.—Section 14104 of such title

22 is amended to read as follows:

23 ‘‘§ 14104. Nondisclosure of board proceedings

24 ‘‘(a) IN GENERAL.—The proceedings of a selection

25 board convened under section 14101 of this title shall not

26 be disclosed to any person not a member of the board.
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1 ‘‘(b) DISCUSSIONS AND DELIBERATIONS.—Discus2 sions and deliberations of a selection board described in

3 subsection (a), and any written or documentary records

4 thereof, shall—

5 ‘‘(1) be immune from legal process;

6 ‘‘(2) not be admitted as evidence; and

7 ‘‘(3) not be used for any purpose in any action,

8 suit, or judicial or administrative proceeding without

9 the consent of the Secretary of the military depart10 ment concerned.’’.

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 1403 of such title

13 is amended by striking the item relating to section

14 14104 and inserting the following new item:

‘‘14104. Nondisclosure of board proceedings.’’.

15 (c) EFFECTIVE DATE.—The amendments made by

16 this section shall take effect on the date of the enactment

17 of this Act, and shall apply with respect to the proceedings

18 of any promotion selection board, whether convened be19 fore, on, or after such date.

20 SEC. 519. SPECIAL SELECTION BOARD AUTHORITIES.

21 (a) OFFICERS ON ACTIVE-DUTY LIST.—

22 (1) BOARDS FOR ADMINISTRATIVE ERROR

23 AVAILABLE ONLY TO OFFICERS IN OR ABOVE PRO24 MOTION ZONE.—Subsection (a)(1) of section 628 of

25 title 10, United States Code, is amended by insert-
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1 ing ‘‘from in or above the promotion zone’’ after

2 ‘‘for selection for promotion’’.

3 (2) ACTIONS TREATABLE AS MATERIAL UNFAIR4 NESS.—Subsection (b)(1)(A) of such section is

5 amended by inserting ‘‘in a matter material to the

6 decision of the board’’ after ‘‘contrary to law’’.

7 (b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—

8 Section 14502(b)(1)(A) of such title is amended by insert9 ing ‘‘in a matter material to the decision of the board’’

10 after ‘‘contrary to law’’.

11 (c) EFFECTIVE DATE.—The amendments made by

12 this section shall take effect on March 1, 2007, and shall

13 apply with respect to promotion selection boards convened

14 on or after that date.

15 SEC. 520. REMOVAL FROM PROMOTION LISTS OF OFFICERS

16 RETURNED TO THE PRESIDENT BY THE SEN17 ATE.

18 (a) OFFICERS ON ACTIVE-DUTY LIST.—

19 (1) CLARIFICATION OF REMOVAL AUTHORITY.—

20 Subsection (a) of section 629 of title 10, United

21 States Code, is amended by inserting ‘‘or a delegee

22 of the President’’ after ‘‘The President’’.

23 (2) REMOVAL FOLLOWING RETURN.—Such sec24 tion is further amended—
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1 (A) by redesignating subsection (c) as sub2 section (d);

3 (B) by inserting after subsection (b) the

4 following new subsection (c):

5 ‘‘(c)(1) If an officer or group of officers on a list of

6 officers approved for promotion by the President and sub7 mitted to the Senate for consideration is returned by the

8 Senate to the President pursuant to the rules and proce9 dures of the Senate, the officer or group of officers, as

10 the case may be, shall automatically be removed from the

11 list at the end of the 365-day period beginning on the date

12 of such return.

13 ‘‘(2) Prior to the end of the 365-day period referred

14 to in paragraph (1), the President may extend by an addi15 tional 365 days the period specified in that paragraph for

16 the removal of an officer or group of officers from a list

17 of officers approved for promotion by the President.

18 ‘‘(3) The President may, during the period specified

19 in paragraph (1), as extended (if at all) under paragraph

20 (2), resubmit to the Senate any officer or group of officers

21 removed under paragraph (1) from a list of officers ap22 proved for promotion by the President.

23 ‘‘(4) If an officer or group of officers resubmitted to

24 the Senate under paragraph (3) is returned by the Senate

25 to the President pursuant to the rules and procedures of
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1 the Senate, the officer or group of officers, as the case

2 may be, shall automatically be removed from the list of

3 officers approved for promotion by the President.’’; and

4 (C) in paragraph (1) of subsection (d), as

5 redesignated by paragraph (1) of this sub6 section, by striking ‘‘or (b)’’ and inserting ‘‘(b),

7 or (c)’’.

8 (b) OFFICERS ON RESERVE ACTIVE STATUS LIST.—

9 (1) CLARIFICATION OF REMOVAL AUTHORITY.—

10 Subsection (a) of section 14310 of such title is

11 amended by inserting ‘‘or a delegee of the Presi12 dent’’ after ‘‘The President’’.

13 (2) REMOVAL FOLLOWING RETURN.—Such sec14 tion is further amended—

15 (A) by redesignating subsection (c) as sub16 section (d);

17 (B) by inserting after subsection (b) the

18 following new subsection (c):

19 ‘‘(c) REMOVAL FOLLOWING RETURN BY THE SEN20 ATE TO THE PRESIDENT.—(1) If an officer or group of

21 officers on a list of officers approved for promotion by the

22 President and submitted to the Senate for consideration

23 is returned by the Senate to the President pursuant to

24 the rules and procedures of the Senate, the officer or

25 group of officers, as the case may be, shall automatically
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1 be removed from the list at the end of the 365-day period

2 beginning on the date of such return.

3 ‘‘(2) Prior to the end of the 365-day period referred

4 to in paragraph (1), the President may extend by an addi5 tional 365 days the period specified in that paragraph for

6 the removal of an officer or group of officers from a list

7 of officers approved for promotion by the President.

8 ‘‘(3) The President may, during the period specified

9 in paragraph (1), as extended (if at all) under paragraph

10 (2), resubmit to the Senate any officer or group of officers

11 removed under paragraph (1) from a list of officers ap12 proved for promotion by the President.

13 ‘‘(4) If an officer or group of officers resubmitted to

14 the Senate under paragraph (3) is returned by the Senate

15 to the President pursuant to the rules and procedures of

16 the Senate, the officer or group of officers, as the case

17 may be, shall automatically be removed from the list of

18 officers approved for promotion by the President.’’; and

19 (C) in subsection (d), as redesignated by

20 paragraph (1) of this subsection, by striking

21 ‘‘or (b)’’ and inserting ‘‘(b), or (c)’’.

22 (c) EFFECTIVE DATE.—

23 (1) IN GENERAL.—The amendments made by

24 this section shall take effect on January 1, 2007.
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1 (2) APPLICABILITY TO CERTAIN OFFICERS.—

2 The amendments made by this section shall not

3 apply to any officer on the active-duty list or reserve

4 active status list whose name is on a promotion list

5 or report of a selection board on the date of the en6 actment of this Act. Any officer whose name is on

7 a promotion list as of the date of the enactment of

8 this Act following the return of the officer’s nomina9 tion to the President by the Senate and who is eligi10 ble as of that date for retirement for years of service

11 shall be retired not later than October 1, 2008.

12 SEC. 521. REPORT ON JOINT OFFICER PROMOTION

13 BOARDS.

14 (a) REPORT REQUIRED.—Not later than June 1,

15 2007, the Secretary of Defense shall submit to the Com16 mittee on Armed Services of the Senate and House of Rep17 resentatives a report on the desirability and feasibility of

18 conducting joint officer promotion selection boards.

19 (b) ELEMENTS.—The report under subsection (a)

20 shall include—

21 (1) a discussion of the limitations in existing of22 ficer career paths and promotion procedures that

23 might warrant the conduct of joint officer promotion

24 selection boards;
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1 (2) an identification of the requirements for of2 ficers for which joint officer promotion selection

3 boards would be advantageous;

4 (3) recommendations on methods to dem5 onstrate how joint officer promotion selection boards

6 might be structured, and an evaluation of the feasi7 bility of such methods; and

8 (4) any proposals for legislative action that the

9 Secretary considers appropriate.

10 Part III—Joint Officer Management Requirements

11 SEC. 526. MODIFICATION AND ENHANCEMENT OF GENERAL

12 AUTHORITIES ON MANAGEMENT OF JOINT

13 QUALIFIED OFFICERS.

14 (a) REDESIGNATION OF APPLICABILITY OF POLICIES

15 TOWARD JOINT QUALIFICATION.—Subsection (a) of sec16 tion 661 of title 10, United States Code, is amended by

17 striking the last sentence and inserting the following new

18 sentence: ‘‘For purposes of this chapter, officers to be

19 managed by such policies, procedures, and practices are

20 referred to as ‘joint qualified’.’’.

21 (b) NUMBERS AND DESIGNATION.—Subsection (b) of

22 such section is amended—

23 (1) in the heading, by striking ‘‘SELECTION’’

24 and inserting ‘‘DESIGNATION’’;
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1 (2) in paragraph (1), by striking ‘‘of officers

2 with the joint specialty’’ and inserting ‘‘and levels of

3 joint qualified officers’’;

4 (3) in paragraph (2)—

5 (A) by striking ‘‘selected for the joint spe6 cialty’’ and inserting ‘‘designated as joint quali7 fied officers’’; and

8 (B) by striking the second and third sen9 tences and inserting the following new sentence:

10 ‘‘Officers considered for joint qualification

11 shall—

12 ‘‘(A) meet criteria prescribed by the Secretary

13 of Defense; and

14 ‘‘(B) be those officers who are serving in the

15 grade of captain or, in the case of the Navy, lieuten16 ant, or a higher grade.’’; and

17 (4) in paragraph (3)—

18 (A) by striking ‘‘select officers for the joint

19 specialty’’ and inserting ‘‘designate officers as

20 joint qualified officers’’; and

21 (B) by striking ‘‘the Deputy Secretary of

22 Defense’’ and inserting ‘‘the Under Secretary of

23 Defense for Personnel and Readiness’’.
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1 (c) EDUCATION AND EXPERIENCE REQUIRE2 MENTS.—Subsection (c) of such section is amended to

3 read as follows:

4 ‘‘(c) EDUCATION AND EXPERIENCE REQUIRE5 MENTS.—(1) An officer may not be designated as a joint

6 qualified officer until the officer—

7 ‘‘(A)(i) successfully completes an appropriate

8 program at a joint professional military education

9 school; and

10 ‘‘(ii) successfully completes a full tour of duty

11 in a joint duty assignment (as described in section

12 664(f) of this title (other than in paragraph (2) of

13 such section)); or

14 ‘‘(B) under regulations and policy prescribed by

15 the Secretary of Defense, successfully demonstrates

16 a mastery of knowledge, skills, and abilities in joint

17 matters.

18 ‘‘(2)(A) In the case of an officer who has completed

19 two full tours of duty in a joint duty assignment (as de20 scribed in section 664(f) of this title) and demonstrates

21 a mastery of knowledge, skills, and abilities on joint mat22 ters, the Secretary of Defense may waive the requirement

23 that the officer have successfully completed a program of

24 education referred to in paragraph (1)(A)(i) if the Sec25 retary determines that the types of joint duty experiences
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1 completed by the officer have been of sufficient breadth

2 to prepare the officer adequately for the highest level of

3 joint qualification.

4 ‘‘(B) The authority of the Secretary of Defense to

5 grant a waiver under subparagraph (A) may be delegated

6 only to the Under Secretary of Defense for Personnel and

7 Readiness.

8 ‘‘(C)(i) A waiver under subparagraph (A) may be

9 granted only on a case-by-case basis.

10 ‘‘(ii) A waiver under subparagraph (A) may be grant11 ed only under circumstances justifying variation from the

12 requirements of paragraph (1) for designation of an offi13 cer for the highest level of joint qualification as specified

14 by the Secretary of Defense.

15 ‘‘(iii) In the case of a general or flag officer, a waiver

16 under subparagraph (A) may be granted only under cir17 cumstances described in clause (ii) and circumstances in

18 which the waiver is necessary to meet a critical need of

19 the Armed Forces, as determined by the Chairman of the

20 Joint Chiefs of Staff.

21 ‘‘(iv) In the case of officers in grades below brigadier

22 general or rear admiral (lower half), the total number of

23 waivers granted under subparagraph (A) for officers in the

24 same pay grade during a fiscal year may not exceed 10

25 percent of the total number of officers in that pay grade
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1 selected for the highest level of joint qualification during

2 that fiscal year.

3 ‘‘(D) There may not be more than 32 general and

4 flag officers on active duty at the same time who were

5 selected for the joint specialty or highest level of joint

6 qualification while holding a general or flag officer grade

7 and for whom a waiver was granted under subparagraph

8 (A).’’.

9 (d) NUMBER OF JOINT DUTY ASSIGNMENTS.—Sub10 section (d) of such section is amended to read as follows:

11 ‘‘(d) NUMBER OF JOINT DUTY ASSIGNMENTS.—(1)

12 The Secretary of Defense shall ensure that approximately

13 one-half of the joint duty assignment positions in grades

14 above major or, in the case of the Navy, lieutenant com15 mander are filled at any time by officers who have the

16 highest level of joint qualification.

17 ‘‘(2) The Secretary of Defense, with the advice of the

18 Chairman of the Joint Chiefs of Staff, shall designate an

19 appropriate number of joint duty assignment positions as

20 critical joint duty assignment positions. A position may

21 be designated as a critical joint duty assignment position

22 only if the duties and responsibilities of the position make

23 it important that the occupant be particularly trained in,

24 and oriented toward, joint matters.
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1 ‘‘(3)(A) Except as provided in subparagraph (B), a

2 position designated under paragraph (2) may be held only

3 by an officer who has the highest level of joint qualifica4 tion.

5 ‘‘(B) The Secretary of Defense may waive the re6 quirement in subparagraph (A) with respect to the assign7 ment of an officer to a position designated under para8 graph (1). Any such waiver shall be granted on a case9 by-case basis. The authority of the Secretary to grant such

10 a waiver may be delegated only to the Chairman of the

11 Joint Chiefs of Staff.

12 ‘‘(4) The Secretary of Defense shall ensure that, of

13 those joint duty assignment positions that are filled by

14 general or flag officers, a substantial portion are among

15 those positions that are designated under paragraph (2)

16 as critical joint duty assignment positions.’’.

17 (e) CAREER GUIDELINES.—Subsection (e) of such

18 section is amended by striking ‘‘officers with the joint spe19 cialty’’ and inserting ‘‘officers who are joint qualified offi20 cers’’.

21 (f) TREATMENT OF CERTAIN SERVICE.—Subsection

22 (f) of such section is amended by striking ‘‘(including sec23 tion 619(e)(1) of this title)’’.

24 (g) CLERICAL AMENDMENT.—The table of sections

25 at the beginning of chapter 38 of such title is amended
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1 by striking the item relating to section 661 and inserting

2 the following new item:

‘‘661. Management policies for joint qualified officers.’’.

3 SEC. 527. MODIFICATION OF PROMOTION POLICY OBJEC4 TIVES FOR JOINT OFFICERS.

5 Section 662(a) of title 10, United States Code, is

6 amended—

7 (1) in paragraph (1), by inserting ‘‘and’’ after

8 the semicolon; and

9 (2) by striking paragraphs (2) and (3) and in10 serting the following new paragraph (2):

11 ‘‘(2) officers who are serving in or have served

12 in joint duty assignments are expected, as a group,

13 to be promoted to the next higher grade at a rate

14 not less than the rate for all officers of the same

15 armed force in the same grade and competitive cat16 egory.’’.

17 SEC. 528. APPLICABILITY OF JOINT DUTY ASSIGNMENT RE18 QUIREMENTS LIMITED TO GRADUATES OF

19 NATIONAL DEFENSE UNIVERSITY SCHOOLS.

20 (a) APPLICABILITY.—Section 663 of title 10, United

21 States Code, is amended—

22 (1) in subsection (a), by striking ‘‘a joint pro23 fessional military education school’’ and inserting ‘‘a

24 school within the National Defense University’’; and

25 (2) in subsection (b)—
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1 (A) in paragraph (1), by striking ‘‘a joint

2 professional military education school’’ and in3 serting ‘‘a school within the National Defense

4 University’’; and

5 (B) in paragraph (2), by striking ‘‘a joint

6 professional military education school’’ and in7 serting ‘‘a school referred to in paragraph (1)’’.

8 (b) DEFINITION.—Such section is further amended

9 by adding at the end the following new subsection:

10 ‘‘(c) SCHOOL WITHIN THE NATIONAL DEFENSE UNI11 VERSITY.—For purposes of this section, a school within

12 the National Defense University includes a school as fol13 lows:

14 ‘‘(1) The National War College.

15 ‘‘(2) The Industrial College of the Armed

16 Forces.

17 ‘‘(3) The Joint Advanced Warfighting School.

18 ‘‘(4) The Joint Forces Staff College.’’.

19 SEC. 529. MODIFICATION OF DEFINITIONS RELATING TO

20 JOINTNESS.

21 (a) MODIFICATION OF DEFINITION OF ‘‘JOINT MAT22 TERS’’.—Subsection (a) of section 668 of title 10, United

23 States Code, is amended to read as follows:

24 ‘‘(a) JOINT MATTERS.—In this chapter, the term

25 ‘joint matters’ means matters involving the integrated use
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1 of military forces relating to national military strategy,

2 strategic and contingency planning, and command and

3 control of operations under unified command that may be

4 conducted under unified action on land, sea, or air, in

5 space, or in the information environment with participants

6 from multiple armed forces, the armed forces and other

7 departments and agencies of the United States Govern8 ment, the armed forces and the military forces or agencies

9 of other countries, the armed forces and non-governmental

10 persons or entities, or any combination thereof.’’.

11 (b) MODIFICATION OF DEFINITION OF ‘‘JOINT DUTY

12 ASSIGNMENT’’.—Paragraph (1) of subsection (b) of such

13 section is amended by striking ‘‘and shall exclude’’ and

14 all that follows and inserting a period.

15 (c) RESTATEMENT OF DEFINITION OF ‘‘CRITICAL

16 OCCUPATIONAL SPECIALTY’’.—

17 (1) IN GENERAL.—Section 668 of such title is

18 further amended by adding at the end the following

19 new subsection:

20 ‘‘(d) CRITICAL OCCUPATIONAL SPECIALTY.—In this

21 chapter, the term ‘critical occupational specialty’ means

22 a military occupational specialty within a combat arm of

23 the Army, or an equivalent arm of the Navy, Air Force,

24 and Marine Corps, that is designated by the Secretary of

25 Defense as a critical occupational specialty because such
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1 combat arm is experiencing a severe shortage of trained

2 officers in that military occupational specialty.’’.

3 (2) CONFORMING AMENDMENTS.—The fol4 lowing provisions of such title are each amended by

5 striking ‘‘under section 661(c)(2) of this title’’:

6 (A) Section 664(c)(2).

7 (B) Section 667(3).

8 SEC. 530. CONDITION ON APPOINTMENT OF COMMIS9 SIONED OFFICERS TO POSITION OF DIREC10 TOR OF NATIONAL INTELLIGENCE OR DIREC11 TOR OF THE CENTRAL INTELLIGENCE AGEN12 CY.

13 (a) CONDITION.—

14 (1) IN GENERAL.—Chapter 32 of title 10,

15 United States Code, is amended by adding at the

16 end the following new section:

17 ‘‘§ 529. Condition on appointment to certain posi18 tions: Director of National Intelligence;

19 Director of the Central Intelligence Agen20 cy

21 ‘‘As a condition of appointment to the position of Di22 rector of National Intelligence or Director of the Central

23 Intelligence Agency, an officer shall acknowledge that

24 upon termination of service in such position the officer
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1 shall be retired in accordance with section 1253 of this

2 title.’’.

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 32 of such title is

5 amended by adding at the end the following new

6 item:

‘‘529. Condition on appointment to certain positions: Director of National Intelligence; Director of the Central Intelligence Agency.’’.

7 (b) RETIREMENT.—

8 (1) IN GENERAL.—Chapter 63 of title 10,

9 United States Code, is amended by adding at the

10 end the following new section:

11 ‘‘§ 1253. Mandatory retirement: Director of National

12 Intelligence; Director of the Central Intel13 ligence Agency

14 ‘‘Upon termination of the appointment of an officer

15 to the position of Director of National Intelligence or Di16 rector of the Central Intelligence Agency, the Secretary

17 of the military department concerned shall retire the offi18 cer under any provision of this title under which the officer

19 is eligible to retire.’’.

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 63 of such title is

22 amended by adding at the end the following new

23 item:

‘‘1253. Mandatory retirement: Director of National Intelligence; Director of the

Central Intelligence Agency.’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall take effect on the date of the enactment

3 of this Act, and shall apply with respect to appointments

4 of commissioned officers of the Armed Forces to the posi5 tion of Director of National Intelligence or Director of the

6 Central Intelligence Agency on or after that date.

7 Subtitle B—Reserve Component

8 Personnel Matters

9 SEC. 531. ENHANCED FLEXIBILITY IN THE MANAGEMENT

10 OF RESERVE COMPONENT PERSONNEL.

11 (a) CLARIFICATION OF DEFINITION OF ‘‘ACTIVE

12 GUARD AND RESERVE DUTY’’ UNDER TITLE 10, UNITED

13 STATES CODE.—Section 101(d)(6)(A) of title 10, United

14 States Code, is amended—

15 (1) by striking ‘‘or full-time National Guard

16 duty’’ the first place it appears;

17 (2) by striking ‘‘to active duty or’’ and inserting

18 ‘‘to’’;

19 (3) by striking ‘‘Guard, pursuant’’ and insert20 ing ‘‘Guard pursuant’’; and

21 (4) by inserting a comma before ‘‘for a period’’.

22 (b) EXPANSION OF ACTIVE GUARD AND RESERVE

23 DUTY TO INCLUDE SUPPORT OF RESERVE COMPONENT

24 OPERATIONS AND ADDITIONAL INSTRUCTION AND TRAIN-
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1 ING.—Section 12310 of title 10, United States Code, is

2 amended—

3 (1) by redesignating subsections (c) and (d) as

4 subsections (d) and (e), respectively;

5 (2) by striking subsections (a) and (b) and in6 serting the following new subsections:

7 ‘‘(a) ACTIVE GUARD AND RESERVE DUTY.—The Sec8 retary concerned may order a Reserve ordered to or re9 tained on active duty under section 12301(d) of this title

10 to perform active Guard and Reserve duty.

11 ‘‘(b) ADDITIONAL DUTIES.—A Reserve on active

12 duty as described in subsection (a) who is performing ac13 tive Guard and Reserve duty pursuant to an order under

14 that subsection may be assigned additional duties (to the

15 extent such duties do not interfere with the performance

16 by the Reserve of active Guard and Reserve duty under

17 that subsection) as follows:

18 ‘‘(1) Supporting operations or missions as19 signed in whole or in part to the reserve compo20 nents.

21 ‘‘(2) Supporting operations or missions per22 formed or to be performed by—

23 ‘‘(A) a unit composed of elements from

24 more than one component of the same armed

25 force; or
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1 ‘‘(B) a joint forces unit that includes—

2 ‘‘(i) one or more reserve component

3 units; or

4 ‘‘(ii) a member of a reserve compo5 nent whose reserve component assignment

6 is in a position in an element of the joint

7 forces unit.

8 ‘‘(3) Advising the Secretary of Defense, the

9 Secretaries of the military departments, the Joint

10 Chiefs of Staff, and the commanders of the combat11 ant commands on reserve component matters.

12 ‘‘(4) Instructing or training members of the

13 armed forces on active duty, members of foreign

14 military forces (under authorities and limitations ap15 plicable to the provision of such instruction or train16 ing by members of the Armed Forces on active

17 duty), Department of Defense contractor personnel,

18 and Department of Defense civilian employees.

19 ‘‘(c) GRADE WHEN ORDERED TO ACTIVE DUTY.—

20 A Reserve ordered to active duty under subsection (a)

21 shall be ordered in his reserve grade. While so serving,

22 he continues to be eligible for promotion as a Reserve, if

23 he is otherwise qualified.’’; and

24 (3) in paragraph (1) of subsection (d), as so

25 redesignated—
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1 (A) by striking ‘‘Notwithstanding sub2 section (b), a Reserve’’ and inserting ‘‘A Re3 serve’’; and

4 (B) by striking ‘‘functions’’ and inserting

5 ‘‘duty’’.

6 (c) EXPANSION OF DUTIES OF MILITARY TECHNI7 CIANS (DUAL STATUS).—

8 (1) GENERAL DUTIES.—Section 10216(a)(1)(C)

9 of such title is amended by striking ‘‘administration

10 and’’ and inserting ‘‘organizing, administering, in11 structing, or’’.

12 (2) SUPPORT OF RESERVE COMPONENT OPER13 ATIONS AND ADDITIONAL INSTRUCTION AND TRAIN14 ING.—Chapter 1007 of such title is amended by in15 serting after section 10216 the following new sec16 tion:

17 ‘‘§ 10216a. Military technicians (dual status): addi18 tional duties

19 ‘‘A military technician (dual status) who is employed

20 under section 3101 of title 5 may perform additional du21 ties (to the extent such duties do not interfere with the

22 performance by the military technician of duties assigned

23 under section 10216(a)(1)(C) of this title) as follows:
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1 ‘‘(1) Supporting operations or missions as2 signed in whole or in part to the military techni3 cian’s unit.

4 ‘‘(2) Supporting operations or missions per5 formed or to be performed by—

6 ‘‘(A) a unit composed of elements from

7 more than one component of the military tech8 nician’s armed force; or

9 ‘‘(B) a joint forces unit that includes—

10 ‘‘(i) one or more units of the military

11 technician’s reserve component; or

12 ‘‘(ii) a member of the military techni13 cian’s reserve component whose reserve

14 component assignment is in a position in

15 an element of the joint forces unit.

16 ‘‘(3) Instructing or training members of the

17 Armed Forces on active duty, members of foreign

18 military forces (under authorities and limitations ap19 plicable to the provision of such instruction or train20 ing by members of the Armed Forces on active

21 duty), Department of Defense contractor personnel,

22 and Department of Defense civilian employees.’’.

23 (3) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 1007 of such title
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1 is amended by inserting after the item relating to

2 section 10216 the following new item:

‘‘10216a. Military technicians (dual status): additional duties.’’.

3 (d) ORDER OF NATIONAL GUARD MEMBERS TO PER4 FORM NATIONAL GUARD ACTIVE GUARD AND RESERVE

5 DUTY AND ADDITIONAL DUTIES.—

6 (1) DEFINITION OF ‘‘NATIONAL GUARD ACTIVE

7 GUARD AND RESERVE DUTY’’.—Section 101 of title

8 32, United States Code, is amended by adding at

9 the end the following:

10 ‘‘(20)(A) ‘National Guard active Guard and Re11 serve duty’ means full-time National Guard duty

12 performed by a member of the National Guard pur13 suant to an order to full-time National Guard duty,

14 for a period of 180 consecutive days or more for the

15 purpose of organizing, administering, recruiting, in16 structing, or training the reserve components.

17 ‘‘(B) Such term does not include the following:

18 ‘‘(i) Duty performed as a member of the

19 Reserve Forces Policy Board under section

20 10301 of title 10.

21 ‘‘(ii) Duty performed as a property and fis22 cal officer under section 708 of this title.

23 ‘‘(iii) Duty performed for the purpose of

24 interdiction and counter-drug activities for
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1 which funds have been provided under section

2 112 of this title.

3 ‘‘(iv) Duty performed as a general or flag

4 officer.

5 ‘‘(v) Service as a State director of the Se6 lective Service System under section 10(b)(2) of

7 the Military Selective Service Act (50 U.S.C.

8 App. 460(b)(2)).’’.

9 (2) ORDER TO PERFORM DUTY.—Chapter 3 of

10 such title is amended by adding at the end the fol11 lowing new section:

12 ‘‘§ 328. National Guard active Guard and Reserve

13 duty; additional duties

14 ‘‘(a) AUTHORITY TO ORDER TO DUTY.—The Gov15 ernor of his State or Territory or Puerto Rico, or com16 manding general of the District of Columbia National

17 Guard, as the case may be, with the consent of the Sec18 retary concerned, may order a member of the National

19 Guard to perform National Guard active Guard and Re20 serve duty.

21 ‘‘(b) NATURE OF DUTY.—(1) A member of the Na22 tional Guard may be ordered to perform duty under sub23 section (a)—

24 ‘‘(A) without his consent, but with the pay and

25 allowances provided by law; or
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1 ‘‘(B) with his consent, either with or without

2 pay and allowances.

3 ‘‘(2) Duty without pay shall be considered for all pur4 poses as if it were duty with pay.

5 ‘‘(c) DUTIES.—A member of the National Guard per6 forming duty under subsection (a) may perform the fol7 lowing additional duties (to the extent such duties do not

8 interfere with the performance by the member of National

9 Guard active Guard and Reserve duty under that sub10 section) as follows:

11 ‘‘(1) Support of operations or missions under12 taken by the member’s unit at the request of the

13 President or the Secretary of Defense.

14 ‘‘(2) Support of Federal training operations or

15 Federal training missions assigned in whole or in

16 part to the member’s unit.

17 ‘‘(3) Instructing or training members of the

18 Armed Forces on active duty, members of foreign

19 military forces (under authorities and limitations ap20 plicable to the provision of such instruction or train21 ing by members of the Armed Forces on active

22 duty), Department of Defense contractor personnel,

23 and Department of Defense civilian employees.’’.
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1 (3) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended

3 by adding at the end the following new item:

‘‘328. National Guard active Guard and Reserve duty; additional duties.’’.

4 (e) EXPANSION OF DUTIES OF NATIONAL GUARD

5 TECHNICIANS.—Section 709(a) of such title is amended—

6 (1) in paragraph (1)—

7 (A) by striking ‘‘administration and’’ and

8 inserting ‘‘organizing, administering, instruct9 ing, or’’; and

10 (B) by striking ‘‘and’’ at the end;

11 (2) in paragraph (2), by striking the period at

12 the end and inserting ‘‘; and’’; and

13 (3) by adding at the end the following new

14 paragraph:

15 ‘‘(3) the performance of additional duties (to

16 the extent such duties do not interfere with the per17 formance by the technician of duties under para18 graphs (1) and (2)) as follows:

19 ‘‘(A) Support of operations or missions un20 dertaken by the technician’s unit at the request

21 of the President or the Secretary of Defense.

22 ‘‘(B) Support of Federal training oper23 ations or Federal training missions assigned in

24 whole or in part to the technician’s unit.
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1 ‘‘(C) Instructing or training members of

2 the Armed Forces on active duty, members of

3 foreign military forces (under authorities and

4 limitations applicable to the provision of such

5 instruction or training by members of the

6 Armed Forces on active duty), Department of

7 Defense contractor personnel, and Department

8 of Defense civilian employees.’’.

9 SEC. 532. EXPANSION OF ACTIVITIES AUTHORIZED FOR RE10 SERVES UNDER WEAPONS OF MASS DE11 STRUCTION CIVIL SUPPORT TEAMS.

12 (a) IN GENERAL.—Subsection (d) of section 12310

13 of title 10, United States Code, as redesignated and

14 amended by section 531(b) of this Act, is further

15 amended—

16 (1) in paragraph (1)—

17 (A) in subparagraph (A)—

18 (i) by inserting ‘‘in the United States,

19 Canada, or the United Mexican States’’

20 after ‘‘title)’’; and

21 (ii) by striking ‘‘or’’ at the end;

22 (B) in subparagraph (B)—

23 (i) by inserting ‘‘, Canada, or the

24 United Mexican States’’ after ‘‘United

25 States’’; and
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1 (ii) by striking the period at the end

2 and inserting a semicolon; and

3 (C) by adding at the end the following new

4 subparagraphs:

5 ‘‘(C) the intentional or unintentional release of

6 nuclear, biological, radiological, or toxic or poisonous

7 chemical materials in the United States, Canada, or

8 the United Mexican States that results, or could re9 sult, in catastrophic loss of life or property; or

10 ‘‘(D) a natural or manmade disaster in the

11 United States, Canada, or the United Mexican

12 States that results, or could result, in catastrophic

13 loss of life or property.’’; and

14 (2) by striking paragraph (3) and inserting the

15 following new paragraph (3):

16 ‘‘(3)(A) A Reserve may perform duties described in

17 subparagraph (A), (B), or (C) of paragraph (1)—

18 ‘‘(i) only while assigned to a reserve component

19 civil support team; and

20 ‘‘(ii) if performing those duties in Canada or

21 the United Mexican States, only after being ordered

22 to active duty under this title.

23 ‘‘(B) A Reserve may perform the duties described in

24 paragraph (1)(D)—
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1 ‘‘(i) only while assigned to a reserve component

2 civil support team;

3 ‘‘(ii) only with the approval of the Secretary of

4 Defense; and

5 ‘‘(iii) if performing those duties in Canada or

6 the United Mexican States, only after being ordered

7 to active duty under this title.

8 ‘‘(C) Any duties described in paragraph (1) that are

9 performed in Canada or the United Mexican States may

10 occur, with consultation of the Secretary of State, at any

11 distance beyond the borders of the United States with

12 such country as is agreed to by appropriate authorities

13 in such country.’’.

14 (b) DEFINITION OF ‘‘UNITED STATES’’.—Such sub15 section is further amended by adding at the end the fol16 lowing new paragraph:

17 ‘‘(7) In this subsection, the term ‘United States’

18 means each of the several States, the District of Columbia,

19 Puerto Rico, Guam, and the Virgin Islands.’’.

20 (c) CONFORMING AMENDMENTS.—Such subsection is

21 further amended—

22 (1) in the heading, by inserting ‘‘, TERRORIST

23 ATTACK, AND NATURAL OR MANMADE DISASTER’’

24 after ‘‘MASS DESTRUCTION’’;
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1 (2) in paragraph (5), by striking ‘‘rapid assess2 ment element team’’ and inserting ‘‘civil support

3 team’’; and

4 (3) in paragraph (6)(B), by striking ‘‘para5 graph (3)(B)’’ and inserting ‘‘that paragraph’’.

6 SEC. 533. MODIFICATION OF AUTHORITIES RELATING TO

7 THE COMMISSION ON THE NATIONAL GUARD

8 AND RESERVES.

9 (a) ANNUITIES AND PAY OF MEMBERS ON FEDERAL

10 REEMPLOYMENT.—Subsection (e) of section 513 of the

11 Ronald W. Reagan National Defense Authorization Act

12 for Fiscal Year 2005 (Public Law 108–375; 118 Stat.

13 1882), as amended by section 516 of the National Defense

14 Authorization Act for Fiscal Year 2006 (Public Law 109–

15 163; 119 Stat. 3237), is further amended by adding at

16 the end the following new paragraph:

17 ‘‘(3) If warranted by circumstances described in sub18 paragraph (A) or (B) of section 8344(i)(1) of title 5,

19 United States Code, or by circumstances described in sub20 paragraph (A) or (B) of section 8468(f)(1) of such title,

21 as applicable, the chairman of the Commission may exer22 cise, with respect to the members of the Commission, the

23 same waiver authority as would be available to the Direc24 tor of the Office of Personnel Management under such

25 section.’’.
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1 (b) FINAL REPORT.—Subsection (f)(2) of such sec2 tion 513 is amended by striking ‘‘one year’’ and inserting

3 ‘‘18 months’’.

4 (c) EFFECTIVE DATE.—The amendments made by

5 this section shall be effective on October 28, 2004, as if

6 included in the enactment of the Ronald W. Reagan Na7 tional Defense Authorization Act for Fiscal Year 2005.

8 The amendment made by subsection (a) shall apply to

9 members of the Commission on the National Guard and

10 Reserves appointed on or after that date.

11 SEC. 534. PILOT PROGRAM ON REINTEGRATION OF MEM12 BERS OF THE NATIONAL GUARD INTO CIVIL13 IAN LIFE AFTER DEPLOYMENT.

14 (a) PILOT PROGRAM REQUIRED.—The Secretary of

15 the Army shall carry out a pilot program to assess the

16 feasibility and advisability of utilizing the mechanisms

17 specified in this section to facilitate the reintegration of

18 members of the National Guard into civilian life after their

19 return from deployment overseas.

20 (b) LIMITATION ON LOCATION.—The pilot program

21 required by subsection (a) may only be carried out in a

22 State that has a National Guard brigade that is returning

23 from deployment overseas during the period of the pilot

24 program.
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1 (c) PROGRAM ELEMENTS.—The mechanisms under

2 the pilot program required by subsection (a) shall include

3 the following:

4 (1) INITIAL REINTEGRATION TRAINING.—Train5 ing (to be known as ‘‘initial reintegration training’’)

6 of members of the National Guard described in sub7 section (a) to facilitate the reintegration of such

8 members with their families and communities after

9 their return from deployment as described in that

10 subsection. Such training shall be conducted imme11 diately after the return of such members from such

12 deployment. Participation in such training shall be

13 voluntary.

14 (2) 30-DAY REINTEGRATION TRAINING.—Train15 ing (to be known as ‘‘30-day reintegration training’’)

16 of members of the National Guard described in sub17 section (a) to assist such members in identifying the

18 signs and symptoms of combat stress. Such training

19 shall be conducted approximately 30 days after pro20 vision of training under paragraph (1). Participation

21 in such training shall be voluntary.

22 (3) 60-DAY REINTEGRATION TRAINING.—Train23 ing (to be known as ‘‘60-day reintegration training’’)

24 of members of the National Guard described in sub25 section (a) to assist such members in matters relat-
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1 ing to combat stress, including chemical dependency,

2 anger management, and gambling abuse. Such train3 ing shall be conducted approximately 30 days after

4 provision of training under paragraph (2). Participa5 tion in such training shall be voluntary.

6 (4) 90-DAY REINTEGRATION TRAINING.—Train7 ing (to be known as ‘‘90-day reintegration training’’)

8 of members of the National Guard described in sub9 section (a) to ensure a thorough physical and mental

10 health assessment of such members after deployment

11 as described in that subsection. Such training shall

12 be conducted approximately 30 days after provision

13 of training under paragraph (3). Participation in

14 such training shall be voluntary.

15 (5) EDUCATIONAL MATERIALS.—The develop16 ment and distribution of educational materials for

17 families of members of the National Guard described

18 in subsection (a), and for the communities in which

19 such members and families reside, on matters relat20 ing to the reintegration of such members into civil21 ian life after their return from deployment overseas.

22 (d) REPORT.—Not later than one year after the com23 mencement of the pilot program required by subsection

24 (a), the Secretary shall submit to the congressional de-
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1 fense committees a report on the pilot program. The re2 port shall include—

3 (1) a description of the activities undertaken

4 under the pilot program;

5 (2) an assessment of the effectiveness of such

6 mechanisms in facilitating the reintegration of mem7 bers of the National Guard into civilian life after

8 their return from deployment overseas; and

9 (3) such recommendations for legislative or ad10 ministrative action as the Secretary considers appro11 priate in light of the pilot program.

12 (e) FUNDING.—Of the amount authorized to be ap13 propriated by section 301(10) for operation and mainte14 nance for the Army National Guard, $6,663,000 may be

15 available for the pilot program required by subsection (a).

16 Subtitle C—Military Justice and

17 Related Matters

18 SEC. 551. APPLICABILITY OF UNIFORM CODE OF MILITARY

19 JUSTICE TO MEMBERS OF THE ARMED

20 FORCES ORDERED TO ACTIVE DUTY OVER21 SEAS IN INACTIVE DUTY FOR TRAINING STA22 TUS.

23 Not later than March 1, 2007, the Secretaries of the

24 military departments shall prescribe regulations, or amend

25 current regulations, in order to provide that officers and
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1 enlisted personnel of the Armed Forces who are ordered

2 to active duty at locations overseas in an inactive duty for

3 training status are subject to the jurisdiction of the Uni4 form Code of Military Justice, pursuant to the provisions

5 of section 802(a)(3) of title 10, United States Code (arti6 cle 2(a)(3) of the Uniform Code of Military Justice), con7 tinuously from the commencement of execution of such or8 ders to the conclusion of such orders.

9 SEC. 552. CLARIFICATION OF APPLICATION OF UNIFORM

10 CODE OF MILITARY JUSTICE DURING A TIME

11 OF WAR.

12 Paragraph (10) of section 802(a) of title 10, United

13 States Code (article 2(a) of the Uniform Code of Military

14 Justice), is amended by striking ‘‘war’’ and inserting ‘‘de15 clared war or a contingency operation’’.

16 Subtitle D—Education and

17 Training Matters

18 SEC. 561. DETAIL OF COMMISSIONED OFFICERS AS STU19 DENTS AT MEDICAL SCHOOLS.

20 (a) IN GENERAL.—Chapter 101 of title 10, United

21 States Code, is amended by inserting after section 2004

22 the following new section:
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1 ‘‘§ 2004a. Detail of commissioned officers as students

2 at medical schools

3 ‘‘(a) DETAIL AUTHORIZED.—The Secretary of each

4 military department may detail commissioned officers of

5 the Armed Forces as students at accredited medical

6 schools or schools of osteopathy located in the United

7 States for a period of training leading to the degree of

8 doctor of medicine. No more than 25 officers from each

9 military department may commence such training in any

10 single fiscal year.

11 ‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for

12 detail under subsection (a), an officer must be a citizen

13 of the United States and must—

14 ‘‘(1) have served on active duty for a period of

15 not less than two years nor more than six years and

16 be in the pay grade 0–3 or below as of the time the

17 training is to begin; and

18 ‘‘(2) sign an agreement that unless sooner sepa19 rated the officer will—

20 ‘‘(A) complete the educational course of

21 medical training;

22 ‘‘(B) accept transfer or detail as a medical

23 officer within the military department con24 cerned when the officer’s training is completed;

25 and
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1 ‘‘(C) agree to serve on active duty fol2 lowing completion of training for a period of

3 two years for each year or part thereof of the

4 officer’s medical training under subsection (a).

5 ‘‘(c) SELECTION OF OFFICERS FOR DETAIL.—Offi6 cers detailed for medical training under subsection (a)

7 shall be selected on a competitive basis by the Secretary

8 of the military department concerned.

9 ‘‘(d) RELATION OF SERVICE OBLIGATIONS TO

10 OTHER SERVICE OBLIGATIONS.—Any service obligation

11 incurred by an officer under an agreement entered into

12 under subsection (b) shall be in addition to any service

13 obligation incurred by the officer under any other provi14 sion of law or agreement.

15 ‘‘(e) EXPENSES.—Expenses incident to the detail of

16 officers under this section shall be paid from any funds

17 appropriated for the military department concerned.

18 ‘‘(f) FAILURE TO COMPLETE PROGRAM.—(1) An of19 ficer who is dropped from a program of medical training

20 to which detailed under subsection (a) for deficiency in

21 conduct or studies, or for other reasons, may be required

22 to perform active duty in an appropriate military capacity

23 in accordance with the active duty obligation imposed on

24 the officer under regulations issued by the Secretary of

25 Defense for purposes of this section.
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1 ‘‘(2) In no case shall an officer be required to serve

2 on active duty under this subsection for any period in ex3 cess of one year for each year or part thereof the officer

4 participated in the program.

5 ‘‘(g) LIMITATION ON DETAILS.—(1) No agreement

6 detailing an officer of the Armed Forces to an accredited

7 medical school or school of osteopathy may be entered into

8 during any period in which the President is authorized by

9 law to induct persons into the Armed Forces involuntarily.

10 ‘‘(2) Nothing in this subsection shall affect any agree11 ment entered into during any period when the President

12 is not authorized by law to so induct persons into the

13 Armed Forces.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of chapter 101 of such title is amended

16 by inserting after the item relating to section 2004 the

17 following new item:

‘‘2004a. Detail of commissioned officers as students at medical schools.’’.

18 SEC. 562. EXPANSION OF ELIGIBILITY TO PROVIDE JUNIOR

19 RESERVE OFFICERS’ TRAINING CORPS IN20 STRUCTION.

21 (a) ELIGIBILITY OF RETIRED MEMBERS OF NA22 TIONAL GUARD AND RESERVES.—Section 2031 of title

23 10, United States Code, is amended by adding at the end

24 the following new subsection:
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1 ‘‘(e) Instead of, or in addition to, the detailing of ac2 tive duty officers and noncommissioned officers under sub3 section (c)(1), and the employment of retired officers, non4 commissioned officers, and members of the Fleet Reserve

5 and Fleet Marine Corps Reserve under subsection (d), the

6 Secretary of the military department concerned may au7 thorize qualified institutions to employ as administrators

8 and instructors in the program retired officers and non9 commissioned officers who qualify for retired pay for non10 regular service under section 12731 of this title (other

11 than those who qualify for age under subsection (a)(1) of

12 such section) whose qualifications are approved by the

13 Secretary and the institution concerned and who request

14 such employment, subject to the following:

15 ‘‘(1) The Secretary shall pay to the institution

16 an amount equal to one-half of the amount paid to

17 the member by the institution for any period up to

18 a maximum of one-half of the difference between the

19 retired or retainer pay for an active duty officer or

20 noncommissioned offer of the same grade and years

21 of service for such period and the active duty pay

22 and allowances which the member would have re23 ceived for such period if on active duty. Amounts

24 may be paid with respect to members under this

25 subsection after such members reach the age of 60.
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1 Payments by the Secretary under this paragraph

2 shall be made from funds appropriated for that pur3 pose.

4 ‘‘(2) Notwithstanding any other provision of

5 law, such a member is not, while so employed, con6 sidered to be on active duty or inactive duty training

7 for any purpose.’’.

8 (b) CLARIFICATION OF STATUS OF RETIRED MEM9 BERS CURRENTLY PROVIDING INSTRUCTION.—Subsection

10 (d) of such section is amended in the matter preceding

11 paragraph (1) by striking ‘‘and noncommissioned officers,

12 and members of the Fleet Reserve and Fleet Marine Corps

13 Reserve’’ and inserting ‘‘, noncommissioned officers, and

14 members of the Fleet Reserve and Fleet Marine Corps Re15 serve who are drawing retired or retained pay’’.

16 SEC. 563. INCREASE IN MAXIMUM AMOUNT OF REPAYMENT

17 UNDER EDUCATION LOAN REPAYMENT FOR

18 OFFICERS IN SPECIFIED HEALTH PROFES19 SIONS.

20 (a) INCREASE IN MAXIMUM AMOUNT.—Section

21 2173(e)(2) of title 10, United States Code, is amended

22 by striking ‘‘$22,000’’ and inserting ‘‘$60,000’’.

23 (b) EFFECTIVE DATE.—

24 (1) IN GENERAL.—The amendment made by

25 subsection (a) shall take effect on October 1, 2006,
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1 and shall apply with respect agreements entered into

2 under section 2173 of title 10, United States Code,

3 on or after that date.

4 (2) PROHIBITION ON ADJUSTMENT.—The ad5 justment required by the second sentence of section

6 2173(e)(2) of title 10, United States Code, to be

7 made on October 1, 2006, shall not be made.

8 SEC. 564. INCREASE IN BENEFITS UNDER HEALTH PROFES9 SIONS SCHOLARSHIP AND FINANCIAL ASSIST10 ANCE PROGRAM.

11 (a) STIPEND.—Section 2121(d) of title 10, United

12 States Code, is amended—

13 (1) by striking ‘‘the rate of $579 per month’’

14 and inserting ‘‘in an amount not to exceed $30,000

15 per year’’; and

16 (2) by striking ‘‘That rate’’ and inserting ‘‘The

17 maximum amount of the stipend’’.

18 (b) ANNUAL GRANT.—Section 2127(e) of such title

19 is amended—

20 (1) by striking ‘‘$15,000’’ and inserting ‘‘in an

21 amount not to exceed $45,000’’; and

22 (2) by striking ‘‘The amount’’ and inserting

23 ‘‘The maximum amount’’.

24 (c) EFFECTIVE DATE.—The amendments made by

25 this section shall take effect on October 1, 2006.
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1 (d) PROHIBITION ON ADJUSTMENTS IN 2007.—No

2 adjustment under subsection (d) of section 2122 of title

3 10, United States Code, in the maximum amount of the

4 stipend payable under such section 2122, and no adjust5 ment under subsection (e) of section 2127 of such title

6 in the maximum amount of the annual grant payable

7 under such section 2127, shall be made in 2007.

8 SEC. 565. REPORT ON HEALTH PROFESSIONS SCHOLAR9 SHIP AND FINANCIAL ASSISTANCE PROGRAM.

10 (a) REPORT REQUIRED.—Not later than March 1,

11 2007, the Secretary of Defense shall submit to the con12 gressional defense committees a report on the health pro13 fessions scholarship and financial assistance program for

14 active service under subchapter I of chapter 105 of title

15 10, United States Code.

16 (b) ELEMENTS.—The report required by subsection

17 (a) shall include the following:

18 (1) An assessment of the success of each mili19 tary department in achieving its recruiting goals

20 under the health professions scholarship and finan21 cial assistance program for active service during

22 each of fiscal years 2000 through 2006.

23 (2) If any military department failed to achieve

24 its recruiting goals under the program during any

25 fiscal year covered by paragraph (1), an explanation
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1 of the failure of the military department to achieve

2 such goal during such fiscal year.

3 (3) An assessment of the adequacy of the sti4 pend authorized by section 2121(d) of title 10,

5 United States Code, in meeting the objectives of the

6 program.

7 (4) Such recommendations for legislative or ad8 ministrative action as the Secretary considers appro9 priate to enhance the effectiveness of the program in

10 meeting the annual recruiting goals of the military

11 departments for medical personnel covered by the

12 program.

13 SEC. 566. EXPANSION OF INSTRUCTION AVAILABLE AT THE

14 NAVAL POSTGRADUATE SCHOOL FOR EN15 LISTED MEMBERS OF THE ARMED FORCES.

16 (a) CERTIFICATE PROGRAMS AND COURSES.—Sub17 paragraph (C) of subsection (a)(2) of section 7045 of title

18 10, United States Code, is amended by striking ‘‘Navy or

19 Marine Corps’’ and inserting ‘‘armed forces’’.

20 (b) GRADUATE LEVEL INSTRUCTION.—Such sub21 section is further amended—

22 (1) by redesignating subparagraph (D) as sub23 paragraph (E);

24 (2) by inserting after subparagraph (C) the fol25 lowing new subparagraph (D):
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1 ‘‘(D)(i) The Secretary may, pursuant to regulations

2 prescribed by the Secretary, permit an eligible enlisted

3 member of the armed forces to receive graduate level in4 struction at the Naval Postgraduate School in a program

5 leading to a master’s degree in a technical, analytical, or

6 engineering curricula.

7 ‘‘(ii) To be eligible for instruction under this subpara8 graph, an enlisted member shall hold a baccalaureate de9 gree granted by an institution of higher education.

10 ‘‘(iii) Instruction shall be provided under this sub11 paragraph on a space-available basis.

12 ‘‘(iv) An enlisted member who successfully completes

13 a course of instruction under this subparagraph may be

14 awarded a master’s degree under section 7048 of this title.

15 ‘‘(v) The regulations prescribed under clause (i) may

16 include criteria for eligibility of enlisted members for in17 struction under this subparagraph and obligations for fur18 ther service in the armed forces by enlisted members relat19 ing to receipt of such instruction.’’; and

20 (3) in subparagraph (E), as so redesignated, by

21 striking ‘‘and (C)’’ and inserting ‘‘(C), and (D)’’.

22 (c) CONFORMING AMENDMENT.—Subsection (b)(2)

23 of such section is amended by striking ‘‘(a)(2)(D)’’ and

24 inserting ‘‘(a)(2)(E)’’.
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1 (d) REPEAL OF CERTAIN REQUIREMENTS ON IN2 STRUCTION.—Section 526 of the National Defense Au3 thorization Act for Fiscal Year 2006 (Public Law 109–

4 163) is amended by striking subsections (c) and (d).

5 SEC. 567. MODIFICATION OF ACTIONS TO ADDRESS SEXUAL

6 HARASSMENT AND SEXUAL VIOLENCE AT

7 THE SERVICE ACADEMIES.

8 (a) CLARIFICATION OF SCOPE OF ACTIONS.—Section

9 527 of the National Defense Authorization Act for Fiscal

10 Year 2004 (Public Law 108–136; 117 Stat. 1468; 10

11 U.S.C. 4331 note) is amended—

12 (1) in subsection (a)—

13 (A) in the subsection caption, by inserting

14 ‘‘SEXUAL’’ before ‘‘VIOLENCE’’; and

15 (B) in paragraph (1)—

16 (i) in subparagraph (A), by striking

17 ‘‘personnel of’’ and inserting ‘‘cadets at’’;

18 (ii) in subparagraph (B), by striking

19 ‘‘personnel of’’ and inserting ‘‘midshipmen

20 at’’; and

21 (iii) in subparagraph (C), by striking

22 ‘‘personnel of’’ and inserting ‘‘cadets at’’;

23 (2) by inserting ‘‘sexual’’ before ‘‘violence’’ each

24 place it appears; and
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1 (3) by striking ‘‘academy personnel’’ each place

2 it appears and inserting ‘‘cadets or midshipmen’’.

3 (b) ASSESSMENTS OF ACADEMY POLICIES.—

4 (1) ADMINISTRATION OF ASSESSMENTS.—Sub5 section (b) of such section is further amended—

6 (A) in paragraph (1)—

7 (i) by striking ‘‘to conduct’’ and in8 serting ‘‘to provide’’; and

9 (ii) by inserting ‘‘(to be administered

10 by the Department of Defense)’’ after ‘‘an

11 assessment’’; and

12 (B) in paragraph (2), by striking ‘‘shall

13 conduct’’ and inserting ‘‘shall provide for the

14 conduct of’’.

15 (2) SCHEDULE FOR ASSESSMENTS.—Such sub16 section is further amended—

17 (A) in the subsection caption, by striking

18 ‘‘ANNUAL ASSESSMENT’’ and inserting ‘‘AS19 SESSMENTS REQUIRED’’;

20 (B) in paragraph (1), by inserting ‘‘speci21 fied in paragraph (2)’’ after ‘‘each program

22 year’’; and

23 (C) in paragraph (2), by striking ‘‘2007,

24 and 2008’’ and inserting ‘‘2008, and 2010’’.
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1 (c) REPORTS ON ACTIVITIES ON CAMPUS.—Sub2 section (c) of such section is further amended—

3 (1) in the subsection caption, by striking ‘‘AN4 NUAL REPORT’’ and inserting ‘‘REPORTS’’;

5 (2) in paragraph (1), by striking ‘‘2007, and

6 2008’’ and inserting ‘‘2008, and 2010’’;

7 (3) in paragraph (2)—

8 (A) in the matter preceding subparagraph

9 (A), by striking ‘‘The annual report’’ and in10 serting ‘‘The report’’; and

11 (B) in subparagraph (D), by striking

12 ‘‘each of the subsequent academy program

13 years’’ and inserting ‘‘each other academy pro14 gram year covered by this subsection’’; and

15 (4) in paragraphs (3) and (4), by striking ‘‘the

16 annual’’ and inserting ‘‘each’’.

17 (d) CONFORMING AMENDMENT.—The heading of

18 such section is amended to read as follows:
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1 ‘‘SEC. 527. ACTIONS TO ADDRESS SEXUAL HARASSMENT

2 AND SEXUAL VIOLENCE AT THE SERVICE

3 ACADEMIES.’’.

4 SEC. 568. DEPARTMENT OF DEFENSE POLICY ON SERVICE

5 ACADEMY AND ROTC GRADUATES SEEKING

6 TO PARTICIPATE IN PROFESSIONAL SPORTS

7 BEFORE COMPLETION OF THEIR ACTIVE8 DUTY SERVICE OBLIGATIONS.

9 (a) POLICY REQUIRED.—

10 (1) IN GENERAL.—Not later than July 1, 2007,

11 the Secretary of Defense shall prescribe the policy of

12 the Department of Defense on—

13 (A) whether to authorize graduates of the

14 service academies and the Reserve Officers’

15 Training Corps to participate in professional

16 sports before the completion of their obligations

17 for service on active duty as commissioned offi18 cers; and

19 (B) if so, the obligations for service on ac20 tive duty as commissioned officers of such grad21 uates who participate in professional sports be22 fore the satisfaction of the obligations referred

23 to in subparagraph (A).

24 (2) REVIEW OF CURRENT POLICIES.—In pre25 scribing the policy, the Secretary shall review cur26 rent policies, practices, and regulations of the mili-
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1 tary departments on the obligations for service on

2 active duty as commissioned officers of graduates of

3 the service academies and the Reserve Officers’

4 Training Corps, including policies on authorized

5 leaves of absence and policies under excess leave pro6 grams.

7 (3) CONSIDERATIONS.—In prescribing the pol8 icy, the Secretary shall take into account the fol9 lowing:

10 (A) The compatibility of participation in

11 professional sports (including training for pro12 fessional sports) with service on active duty in

13 the Armed Forces or as a member of a reserve

14 component of the Armed Forces.

15 (B) The benefits for the Armed Forces of

16 waiving obligations for service on active duty

17 for cadets, midshipmen, and commissioned offi18 cers in order to permit such individuals to par19 ticipate in professional sports.

20 (C) The manner in which the military de21 partments have resolved issues relating to the

22 participation of personnel in professional sports,

23 including the extent of and any reasons for, dif24 ferences in the resolution of such issues by such

25 departments.
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1 (D) The recoupment of the costs of edu2 cation provided by the service academies or

3 under the Reserve Officers’ Training Corps pro4 gram if graduates of the service academies or

5 the Reserve Officers’ Training Corps, as the

6 case may be, do not complete the period of obli7 gated service to which they have agreed by rea8 son of participation in professional sports.

9 (E) Any other matters that the Secretary

10 considers appropriate.

11 (b) ELEMENTS OF POLICY.—The policy prescribed

12 under subsection (a) shall address the following matters:

13 (1) The eligibility of graduates of the service

14 academies and the Reserve Officers’ Training Corps

15 for a reduction in the obligated length of service on

16 active duty as a commissioned officer otherwise re17 quired of such graduates on the basis of their par18 ticipation in professional sports.

19 (2) Criteria for the treatment of an individual

20 as a participant or potential participant in profes21 sional sports.

22 (3) The effect on obligations for service on ac23 tive duty as a commissioned officer of any

24 unsatisfied obligations under prior enlistment con-
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1 tracts or other forms of advanced education assist2 ance.

3 (4) Any authorized variations in the policy that

4 are warranted by the distinctive requirements of a

5 particular Armed Force.

6 (5) The eligibility of individuals for medical dis7 charge or disability benefits as a result of injuries

8 incurred while participating in professional sports.

9 (6) A prospective effective date for the policy

10 and for the application of the policy to individuals

11 serving on such effective date as a commissioned of12 ficer, cadet, or midshipman.

13 (c) APPLICATION OF POLICY TO ARMED FORCES.—

14 Not later than December 1, 2007, the Secretary of each

15 military department shall prescribe regulations, or modify

16 current regulations, in order to implement the policy pre17 scribed by the Secretary of Defense under subsection (a)

18 with respect to the Armed Forces under the jurisdiction

19 of such Secretary.

20 SEC. 569. REVIEW OF LEGAL STATUS OF JUNIOR ROTC PRO21 GRAM.

22 (a) REVIEW.—The Secretary of Defense shall con23 duct a review of the 1976 legal opinion issued by the Gen24 eral Counsel of the Department of Defense regarding in25 struction of non-host unit students participating in Junior
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1 Reserve Officers’ Training Corps programs. The review

2 shall consider whether changes to law after the issuance

3 of that opinion allow in certain circumstances for the ar4 rangement for assignment of instructors that provides for

5 the travel of an instructor from one educational institution

6 to another once during the regular school day for the pur7 poses of the Junior Reserve Officers’ Training Corps pro8 gram as an authorized arrangement that enhances admin9 istrative efficiency in the management of the program. If

10 the Secretary, as a result of the review, determines that

11 such authority is not available, the Secretary should also

12 consider whether such authority should be available and

13 whether there should be authority to waive the restrictions

14 under certain circumstances.

15 (b) REPORT.—The Secretary shall submit to the

16 Committee on Armed Services of the Senate and the Com17 mittee on Armed Services of the House of Representatives

18 a report containing the results of the review not later than

19 180 days after the date of the enactment of this Act.

20 (c) INTERIM AUTHORITY.—A current institution that

21 has more than 70 students and is providing support to

22 another educational institutional with more than 70 stu23 dents and has been providing for the assignment of in24 structors from one school to the other may continue to
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1 provide such support until 180 days following receipt of

2 the report under subsection (b).

3 SEC. 570. JUNIOR RESERVE OFFICERS’ TRAINING CORPS

4 INSTRUCTOR QUALIFICATIONS.

5 (a) IN GENERAL.—Chapter 102 of title 10, United

6 States Code, is amended by adding at the end the fol7 lowing new section:

8 ‘‘§ 2033. Instructor qualifications

9 ‘‘(a) IN GENERAL.—In order for a retired officer or

10 noncommissioned officer to be employed as an instructor

11 in the program, the officer must be certified by the Sec12 retary of the military department concerned as a qualified

13 instructor in leadership, wellness and fitness, civics, and

14 other courses related to the content of the program, ac15 cording to the qualifications set forth in subsection (b)(2)

16 or (c)(2), as appropriate.

17 ‘‘(b) SENIOR MILITARY INSTRUCTORS.—

18 ‘‘(1) ROLE.—Senior military instructors shall

19 be retired officers of the armed forces and shall

20 serve as instructional leaders who oversee the pro21 gram.

22 ‘‘(2) QUALIFICATIONS.—A senior military in23 structor shall have the following qualifications:
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1 ‘‘(A) Professional military qualification, as

2 determined by the Secretary of the military de3 partment concerned.

4 ‘‘(B) Award of a baccalaureate degree

5 from an institution of higher learning.

6 ‘‘(C) Completion of secondary education

7 teaching certification requirements for the pro8 gram as established by the Secretary of the

9 military department concerned.

10 ‘‘(D) Award of an advanced certification

11 by the Secretary of the military department

12 concerned in core content areas based on—

13 ‘‘(i) accumulated points for profes14 sional activities, services to the profession,

15 awards, and recognitions;

16 ‘‘(ii) professional development to meet

17 content knowledge and instructional skills;

18 and

19 ‘‘(iii) performance evaluation of com20 petencies and standards within the pro21 gram through site visits and inspections.

22 ‘‘(c) NON-SENIOR MILITARY INSTRUCTORS.—

23 ‘‘(1) ROLE.—Non-senior military instructors

24 shall be retired noncommissioned officers of the

25 armed forces and shall serve as instructional leaders
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1 and teach independently of, but share program re2 sponsibilities with, senior military instructors.

3 ‘‘(2) QUALIFICATIONS.—A non-senior military

4 instructor shall demonstrate a depth of experience,

5 proficiency, and expertise in coaching, mentoring,

6 and practical arts in executing the program, and

7 shall have the following qualifications:

8 ‘‘(A) Professional military qualification, as

9 determined by the Secretary of the military de10 partment concerned.

11 ‘‘(B) Award of an associates degree from

12 an institution of higher learning within 5 years

13 of employment.

14 ‘‘(C) Completion of secondary education

15 teaching certification requirements for the pro16 gram as established by the Secretary of the

17 military department concerned.

18 ‘‘(D) Award of an advanced certification

19 by the Secretary of the military department

20 concerned in core content areas based on—

21 ‘‘(i) accumulated points for profes22 sional activities, services to the profession,

23 awards, and recognitions;
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1 ‘‘(ii) professional development to meet

2 content knowledge and instructional skills;

3 and

4 ‘‘(iii) performance evaluation of com5 petencies and standards within the pro6 gram through site visits and inspections.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of such chapter is amended by adding

9 at the end the following new item:

‘‘2033. Instructor qualifications.’’.

10 SEC. 570A. MODIFICATION OF TIME LIMIT FOR USE OF EN11 TITLEMENT TO EDUCATIONAL ASSISTANCE

12 FOR RESERVE COMPONENT MEMBERS SUP13 PORTING CONTINGENCY OPERATIONS AND

14 OTHER OPERATIONS.

15 (a) MODIFICATION.—Section 16164(a) of title 10,

16 United States Code, is amended by striking ‘‘this chapter

17 while serving—’’ and all that follows and inserting ‘‘this

18 chapter—

19 ‘‘(1) while the member is serving—

20 ‘‘(A) in the Selected Reserve of the Ready

21 Reserve, in the case of a member called or or22 dered to active service while serving in the Se23 lected Reserve; or

24 ‘‘(B) in the Ready Reserve, in the case of

25 a member ordered to active duty while serving
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1 in the Ready Reserve (other than the Selected

2 Reserve); and

3 ‘‘(2) in the case of a person who separates from

4 the Selected Reserve of the Ready Reserve after

5 completion of a period of active service described in

6 section 16163 of this title and completion of a serv7 ice contract under other than dishonorable condi8 tions, during the 10-year period beginning on the

9 date on which the person separates from the Se10 lected Reserve.’’.

11 (b) CONFORMING AMENDMENT.—Paragraph (2) of

12 section 16165(a) of such title is amended to read as fol13 lows:

14 ‘‘(2) when the member separates from the

15 Ready Reserve as provided in section 16164(a)(1) of

16 this title, or upon completion of the period provided

17 for in section 16164(a)(2) of this title, as applica18 ble.’’.

19 (c) EFFECTIVE DATE.—The amendments made by

20 this section shall take effect on October 28, 2004, as if

21 included in the enactment of the Ronald W. Reagan Na22 tional Defense Authorization Act for Fiscal Year 2005

23 (Public Law 108–375), to which such amendments relate.
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1 Subtitle E—Defense Dependents

2 Education Matters

3 SEC. 571. FUNDING FOR ASSISTANCE TO LOCAL EDU4 CATIONAL AGENCIES THAT BENEFIT DE5 PENDENTS OF MEMBERS OF THE ARMED

6 FORCES AND DEPARTMENT OF DEFENSE CI7 VILIAN EMPLOYEES.

8 (a) FUNDING FOR FISCAL YEAR 2007.—Of the

9 amount authorized to be appropriated pursuant to section

10 301(5) for operation and maintenance for Defense-wide

11 activities—

12 (1) $30,000,000 shall be available only for the

13 purpose of providing assistance to local educational

14 agencies under section 572(a) of the National De15 fense Authorization Act for Fiscal Year 2006 (Pub16 lic Law 109–163; 119 Stat. 3271; 20 U.S.C.

17 7703b); and

18 (2) $10,000,000 shall be available only for the

19 purpose of providing assistance to local educational

20 agencies under section 572(b) of that Act.

21 (b) TREATMENT OF FUNDING FOR NOTIFICATION

22 PURPOSES.—The funding provided under subsection (a)

23 for fiscal year 2007 shall be treated as funding for that

24 fiscal year for purposes of the notification of local edu25 cational agencies required by section 572(c) of the Na-
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1 tional Defense Authorization Act for Fiscal Year 2006

2 (119 Stat. 3272).

3 (c) TRANSITION OF MILITARY DEPENDENTS FROM

4 MILITARY TO CIVILIAN SCHOOLS.—

5 (1) IN GENERAL.—The Secretary of Defense

6 shall work collaboratively with the Secretary of Edu7 cation in any efforts to ease the transition of de8 pendents of members of the Armed Forces from at9 tendance in Department of Defense dependent

10 schools to civilian schools in systems operated by

11 local educational agencies.

12 (2) UTILIZATION OF EXISTING RESOURCES.—In

13 working with the Secretary of Education under

14 paragraph (1), the Secretary of Defense may utilize

15 funds authorized to be appropriated for operation

16 and maintenance for Defense-wide activities to share

17 expertise and experience of the Department of De18 fense Education Activity with local educational agen19 cies as dependents of members of the Armed Forces

20 make the transition from attendance at Department

21 of Defense dependent schools to attendance at civil22 ian schools in systems operated by such local edu23 cational agencies, including such transitions result24 ing from defense base closure and realignment, glob25 al rebasing, and force restructuring.
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1 (3) DEFINITIONS.—In this subsection:

2 (A) The term ‘‘expertise and experience’’,

3 with respect to the Department of Defense

4 Education Activity, means resources of such ac5 tivity relating to—

6 (i) academic strategies which result in

7 increased academic achievement;

8 (ii) curriculum development consulta9 tion and materials;

10 (iii) teacher training resources and

11 materials;

12 (iv) access to virtual and distance

13 learning technology capabilities and related

14 applications for teachers; and

15 (v) such other services as the Sec16 retary of Defense considers appropriate to

17 improve the academic achievement of such

18 students.

19 (B) The term ‘‘local educational agency’’

20 has the meaning given that term in section

21 8013(9) of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 7713(9)).

23 (4) EXPIRATION.—The authority of the Sec24 retary of the Defense under this subsection shall ex25 pire on September 30, 2011.
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1 SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DIS2 ABILITIES.

3 Of the amount authorized to be appropriated pursu4 ant to section 301(5) for operation and maintenance for

5 Defense-wide activities, $5,000,000 shall be available for

6 payments under section 363 of the Floyd D. Spence Na7 tional Defense Authorization Act for Fiscal Year 2001 (as

8 enacted into law by Public Law 106–398; 114 Stat.

9 1654A–77; 20 U.S.C. 7703a).

10 SEC. 573. PLAN TO ASSIST LOCAL EDUCATIONAL AGENCIES

11 EXPERIENCING GROWTH IN ENROLLMENT

12 DUE TO FORCE STRUCTURE CHANGES, RELO13 CATION OF MILITARY UNITS, OR BRAC.

14 (a) PLAN REQUIRED.—Not later than January 1,

15 2007, the Secretary of Defense shall submit to the con16 gressional defense committees a report setting forth a plan

17 to provide assistance to local educational agencies that ex18 perience growth in the enrollment of military dependent

19 students as a result of any of the following events:

20 (1) Force structure changes.

21 (2) The relocation of a military unit.

22 (3) The closure or realignment of military in23 stallations pursuant to defense base closure and re24 alignment under the base closure laws.

25 (b) ELEMENTS.—The report required by subsection

26 (a) shall include the following:
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1 (1) An identification, current as of the date of

2 the report, of the total number of military dependent

3 students who are anticipated to be arriving at or de4 parting from military installations as a result of any

5 event described in subsection (a), including—

6 (A) an identification of the military instal7 lations affected by such arrivals and departures;

8 (B) an estimate of the number of such stu9 dents arriving at or departing from each such

10 installation; and

11 (C) the anticipated schedule of such arriv12 als and departures.

13 (2) Such recommendations as the Office of Eco14 nomic Adjustment of the Department of Defense

15 considers appropriate for means of assisting affected

16 local educational agencies in accommodating in17 creases in enrollment of military dependent students

18 as a result of any such event.

19 (3) A plan for outreach to be conducted to af20 fected local educational agencies, commanders of

21 military installations, and members of the Armed

22 Forces and civilian personnel of the Department of

23 Defense regarding information on the assistance to

24 be provided under the plan under subsection (a).
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1 (c) UPDATE.—Not later than July 1, 2007, and every

2 six months thereafter through January 1, 2011, the Sec3 retary shall submit to the congressional defense commit4 tees an update of the report required by subsection (a).

5 Each update shall include an update of each matter re6 quired under subsection (b) current as of the date of such

7 update.

8 (d) DEFINITIONS.—In this section:

9 (1) The term ‘‘base closure law’’ has the mean10 ing given that term in section 101 of title 10, United

11 States Code.

12 (2) The term ‘‘local educational agency’’ has

13 the meaning given that term in section 8013(9) of

14 the Elementary and Secondary Education Act of

15 1965 (20 U.S.C. 7713(9)).

16 (3) The term ‘‘military dependent students’’ re17 fers to—

18 (A) elementary and secondary school stu19 dents who are dependents of members of the

20 Armed Forces; and

21 (B) elementary and secondary school stu22 dents who are dependents of civilian employees

23 of the Department of Defense.
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1 SEC. 574. PILOT PROGRAM ON PARENT EDUCATION TO

2 PROMOTE EARLY CHILDHOOD EDUCATION

3 FOR DEPENDENT CHILDREN AFFECTED BY

4 MILITARY DEPLOYMENT OR RELOCATION OF

5 MILITARY UNITS.

6 (a) PILOT PROGRAM REQUIRED.—The Secretary of

7 Defense shall carry out a pilot program on the provision

8 of educational and support tools to the parents of pre9 school-age children—

10 (1) whose parent or parents serve as members

11 of the Armed Forces on active duty (including mem12 bers of the Selected Reserve on active duty pursuant

13 to a call or order to active duty of 180 days or

14 more); and

15 (2) who are affected by the deployment of their

16 parent or parents or the relocation of the military

17 unit of which their parent or parents are a member.

18 (b) PURPOSE.—The purpose of the pilot program is

19 to develop models for improving the capability of military

20 child and youth programs on or near military installations

21 to provide assistance to military parents with young chil22 dren through a program of activities focusing on the

23 unique needs of children described in subsection (a).

24 (c) DURATION OF PROGRAM.—The pilot program

25 shall commence on October 1, 2007, and shall conclude

26 on September 30, 2010.
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1 (d) SCOPE OF PROGRAM.—The pilot program shall

2 utilize one or more models (demonstrated through re3 search) of universal access of parents of children described

4 in subsection (a) to assistance under the pilot program

5 in order to achieve the following goals:

6 (1) The identification and mitigation of specific

7 risk factors for such children related to military life.

8 (2) The maximization of the educational readi9 ness of such children.

10 (e) LOCATIONS.—

11 (1) IN GENERAL.—The pilot program shall be

12 carried out at military installations selected by the

13 Secretary for purposes of this section from among

14 military installations whose military personnel are

15 experiencing significant transition or deployment or

16 which are undergoing transition as a result of the

17 relocation or activation of military units or activities

18 relating to defense base closure and realignment.

19 (2) SELECTION OF CERTAIN INSTALLATIONS.—

20 At least one of the installations selected by the Sec21 retary under paragraph (1) shall be an installation

22 that permits the meaningful evaluation of a model

23 under subsection (d) that provides outreach to par24 ents in families with a parent who is a member of
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1 the National Guard or Reserve, which families live

2 more than 40 miles from the installation so selected.

3 (f) GOALS OF PARTICIPATING INSTALLATIONS.—Ap4 propriate personnel at each military installation selected

5 for participation in the pilot program shall develop goals,

6 and specific outcome measures with respect to such goals,

7 for the conduct of the pilot program at such installation.

8 (g) EVALUATION.—

9 (1) EVALUATION REQUIRED.—Upon completion

10 of the pilot program at a military installation, the

11 personnel referred to in subsection (f) at such instal12 lation shall conduct an evaluation and assessment of

13 the success of the pilot program at such installation

14 in meeting the goals developed under that sub15 section.

16 (2) REPORT.—Upon completion of the evalua17 tions under paragraph (1) for all military installa18 tions participating in the pilot program, the Sec19 retary of Defense shall submit to the congressional

20 defense committees a report on such evaluations.

21 The report shall describe the results of such evalua22 tions, and may include such recommendations for

23 legislative or administrative action as the Secretary

24 considers appropriate in light of such evaluations,
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1 including recommendations for the continuation of

2 the pilot program.

3 (h) GUIDELINES.—The Secretary shall issue guide4 lines applicable to the pilot program, including guidelines

5 on the goals to be developed under subsection (f), specific

6 outcome measures, and guidelines on the selection of cur7 riculum and the conduct of developmental screening under

8 the pilot program.

9 (i) FUNDING.—Of the amounts authorized to be ap10 propriated by section 301(1) for operation and mainte11 nance for the Army, $1,500,000 shall be available to carry

12 out the pilot program in fiscal year 2007.

13 Subtitle F—Other Matters

14 SEC. 581. ADMINISTRATION OF OATHS.

15 (a) IN GENERAL.—Section 502 of title 10, United

16 States Code, is amended by striking the flush matter at

17 the end and inserting the following new flush matter:

18 ‘‘This oath may be taken before the President, the Vice

19 President, the Secretary of Defense, any commissioned of20 ficer of any armed force, or any other person designated

21 under regulations prescribed by the Secretary of De22 fense.’’.

23 (b) CONFORMING AMENDMENT.—Section 1031 of

24 such title is amended by striking ‘‘Any commissioned offi25 cer’’ and all that follows through ‘‘on active duty,’’ and
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1 inserting ‘‘The President, the Vice President, the Sec2 retary of Defense, any commissioned officer of an armed

3 force, or any other person designated under regulations

4 prescribed by the Secretary of Defense’’.

5 SEC. 582. MILITARY ID CARDS FOR RETIREE DEPENDENTS

6 WHO ARE PERMANENTLY DISABLED.

7 (a) IN GENERAL.—Subsection (a) of section 1060b

8 of title 10, United States Code, is amended to read as

9 follows:

10 ‘‘(a) ISSUANCE OF PERMANENT ID CARD.—(1) In

11 issuing military ID cards to retiree dependents, the Sec12 retary concerned shall issue a permanent ID card (not

13 subject to renewal) to any such retiree dependent as fol14 lows:

15 ‘‘(A) A retiree dependent who has attained 75

16 years of age.

17 ‘‘(B) A retiree dependent who is permanently

18 disabled.

19 ‘‘(2) A permanent ID card shall be issued to a retiree

20 dependent under paragraph (1)(A) upon the expiration,

21 after the retiree dependent attains 75 years of age, of any

22 earlier, renewable military card or, if earlier, upon the re23 quest of the retiree dependent after attaining age 75.’’.

24 (b) CONFORMING AND CLERICAL AMENDMENTS.—
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1 (1) HEADING AMENDMENT.—The heading of

2 such section is amended to read as follows:

3 ‘‘§ 1060b. Military ID cards: dependents and survivors

4 of retirees’’.

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 53 of such title is

7 amended by striking the item relating to section

8 1060b and inserting the following new item:

‘‘1060b. Military ID cards: dependents and survivors of retirees.’’.

9 SEC. 583. MILITARY VOTING MATTERS.

10 (a) REPEAL OF PERIODIC INSPECTOR GENERAL IN11 STALLATION VISITS FOR ASSESSMENT OF VOTING AS12 SISTANCE PROGRAMS.—Section 1566 of title 10, United

13 States Code, is amended—

14 (1) by striking subsection (d); and

15 (2) by redesignating subsections (e) through (i)

16 as subsections (d) through (h), respectively.

17 (b) COMPTROLLER GENERAL REPORT.—Not later

18 than March 1, 2007, the Comptroller General of the

19 United States shall submit to Congress a report con20 taining the assessment of the Comptroller General with

21 respect to the following:

22 (1) The programs and activities undertaken by

23 the Department of Defense to facilitate voter reg24 istration, transmittal of ballots to absentee voters,

25 and voting utilizing electronic means of communica-
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1 tion (such as electronic mail and fax transmission)

2 for military and civilian personnel covered by the

3 Uniformed and Overseas Citizens Absentee Voting

4 Act (42 U.S.C. 1973ff et seq.).

5 (2) The progress of the Department of Defense

6 and the Election Assistance Commission in devel7 oping a secure, deployable system for Internet-based

8 electronic voting pursuant to the amendment made

9 by section 567 of the Ronald W. Reagan National

10 Defense Authorization Act for Fiscal Year 2005

11 (Public Law 108–375; 118 Stat. 1919).

12 (c) USE OF ELECTRONIC VOTING TECHNOLOGY.—

13 (1) CONTINUATION OF INTERIM VOTING ASSIST14 ANCE SYSTEM.—The Secretary of Defense shall con15 tinue the Interim Voting Assistance System (IVAS)

16 ballot request program with respect to all absent

17 uniformed services voters (as defined under section

18 107(1) of the Uniformed Overseas Citizens Absentee

19 Voting Act (42 U.S.C. 1973ff–6(1))), overseas em20 ployees of the Department of Defense, and the de21 pendents of such voters and employees, for the gen22 eral election and all elections through December 31,

23 2006.

24 (2) REPORTS.—
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1 (A) IN GENERAL.—Not later than 30 days

2 after the date of the regularly scheduled general

3 election for Federal office for November 2006,

4 the Secretary of Defense shall submit to the

5 congressional defense committees a report set6 ting forth—

7 (i) an assessment of the success of the

8 implementation of the Interim Voting As9 sistance System ballot request program

10 carried out under paragraph (1);

11 (ii) recommendations for continuation

12 of the Interim Voting Assistance System

13 and for improvements to that system; and

14 (iii) an assessment of available tech15 nologies and other means of achieving en16 hanced use of electronic and Internet-based

17 capabilities under the Interim Voting As18 sistance System.

19 (B) FUTURE ELECTIONS.—Not later than

20 May 15, 2007, the Secretary of Defense shall

21 submit to the congressional defense committees

22 a report detailing plans for expanding the use

23 of electronic voting technology for individuals

24 covered under the Uniformed Overseas Citizens
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1 Absentee Voting Act (42 U.S.C. 1973ff et seq.)

2 for elections through November 30, 2010.

3 SEC. 584. PRESENTATION OF MEDAL OF HONOR FLAG TO

4 PRIMARY NEXT OF KIN OF MEDAL OF HONOR

5 RECIPIENTS.

6 (a) ARMY RECIPIENTS.—Section 3755 of title 10,

7 United States Code, is amended—

8 (1) by inserting ‘‘(a) PRESENTATION TO

9 MEDAL OF HONOR RECIPIENTS.—’’ before ‘‘The

10 President’’; and

11 (2) by striking ‘‘after October 23, 2002’’; and

12 (3) by adding at the end the following new sub13 section:

14 ‘‘(b) PRESENTATION TO PRIMARY NEXT OF KIN.—

15 The President may provide for the presentation of a Medal

16 of Honor Flag to the primary living next of kin (as des17 ignated by the Secretary of Defense in regulations pre18 scribed for purposes of this section) of a deceased medal

19 of honor recipient described in subsection (a).’’.

20 (b) NAVY AND MARINE CORPS RECIPIENTS.—Sec21 tion 6257 of such title is amended—

22 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

23 ‘‘The President’’; and

24 (2) by striking ‘‘after October 23, 2002’’; and
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1 (3) by adding at the end the following new sub2 section:

3 ‘‘(b) PRESENTATION TO PRIMARY NEXT OF KIN.—

4 The President may provide for the presentation of a Medal

5 of Honor Flag to the primary living next of kin (as des6 ignated by the Secretary of Defense in regulations pre7 scribed for purposes of this section) of a deceased medal

8 of honor recipient described in subsection (a).’’.

9 (c) AIR FORCE RECIPIENTS.—Section 8755 of such

10 title is amended—

11 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

12 ‘‘The President’’; and

13 (2) by striking ‘‘after October 23, 2002’’; and

14 (3) by adding at the end the following new sub15 section:

16 ‘‘(b) PRESENTATION TO PRIMARY NEXT OF KIN.—

17 The President may provide for the presentation of a Medal

18 of Honor Flag to the primary living next of kin (as des19 ignated by the Secretary of Defense in regulations pre20 scribed for purposes of this section) of a deceased medal

21 of honor recipient described in subsection (a).’’.

22 (d) COAST GUARD RECIPIENTS.—Section 505 of title

23 14, United States Code, is amended—

24 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

25 ‘‘The President’’; and
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1 (2) by striking ‘‘after October 23, 2002’’; and

2 (3) by adding at the end the following new sub3 section:

4 ‘‘(b) PRESENTATION TO PRIMARY NEXT OF KIN.—

5 The President may provide for the presentation of a Medal

6 of Honor Flag to the primary living next of kin (as des7 ignated by the Secretary of Homeland Security in regula8 tions prescribed for purposes of this section) of a deceased

9 medal of honor recipient described in subsection (a).’’.

10 SEC. 585. MODIFICATION OF EFFECTIVE PERIOD OF AU11 THORITY TO PRESENT RECOGNITION ITEMS

12 FOR RECRUITMENT AND RETENTION PUR13 POSES.

14 Subsection (d) of section 2261 of title 10, United

15 States Code, is amended to read as follows:

16 ‘‘(d) EFFECTIVE PERIOD.—The authority under this

17 section shall be in effect during the period of any war or

18 national emergency declared by the President or Con19 gress.’’.

20 SEC. 586. MILITARY SEVERELY INJURED CENTER.

21 (a) CENTER REQUIRED.—In support of the com22 prehensive policy on the provision of assistance to severely

23 wounded or injured servicemembers required by section

24 563 of the National Defense Authorization Act for Fiscal

25 Year 2006 (Public Law 109–163; 119 Stat. 3269; 10
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1 U.S.C. 113 note), the Secretary of Defense shall establish

2 within the Department of Defense a center to augment

3 and support the programs and activities of the military

4 departments for the provision of such assistance, including

5 the programs of the military departments referred to in

6 subsection (c).

7 (b) DESIGNATION.—The center established under

8 subsection (a) shall be known as the ‘‘Military Severely

9 Injured Center’’ (in this section referred to as the ‘‘Cen10 ter’’).

11 (c) PROGRAMS OF THE MILITARY DEPARTMENTS.—

12 The programs of the military departments referred to in

13 this subsection are as follows:

14 (1) The Army Wounded Warrior Support Pro15 gram.

16 (2) The Navy Safe Harbor Program.

17 (3) The Palace HART Program of the Air

18 Force.

19 (4) The Marine for Life Injured Support Pro20 gram of the Marine Corps.

21 (d) ACTIVITIES OF CENTER.—

22 (1) IN GENERAL.—The Center shall carry out

23 such programs and activities to augment and sup24 port the programs and activities of the military de25 partments for the provision of assistance through in-
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1 dividual case management to severely wounded or in2 jured servicemembers and their families as the Sec3 retary of Defense, in consultation with the Secre4 taries of the military departments and the heads of

5 other appropriate departments and agencies of the

6 Federal Government (including the Department of

7 Labor and the Department of Veterans Affairs),

8 shall assign the Center.

9 (2) DATABASE.—The activities of the Center

10 under this subsection shall include the establishment

11 and maintenance of a central database of informa12 tion for purposes of tracking severely wounded or in13 jured servicemembers.

14 (e) RESOURCES.—The Secretary of Defense shall al15 locate to the Center such personnel and other resources

16 as the Secretary of Defense, in consultation with the Sec17 retaries of the military departments, considers appropriate

18 in order to permit the Center to carry out effectively the

19 programs and activities assigned to the Center under sub20 section (d).
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1 SEC. 587. SENSE OF SENATE ON NOTICE TO CONGRESS OF

2 RECOGNITION OF MEMBERS OF THE ARMED

3 FORCES FOR EXTRAORDINARY ACTS OF

4 BRAVERY, HEROISM, AND ACHIEVEMENT.

5 It is the sense of the Senate that the Secretary of

6 Defense or the Secretary of the military department con7 cerned should, upon awarding a medal to a member of

8 the Armed Forces or otherwise commending or recog9 nizing a member of the Armed Forces for an act of ex10 traordinary heroism, bravery, achievement, or other dis11 tinction, notify the Committee on Armed Services of the

12 Senate and House of Representatives, the Senators from

13 the State in which such member resides, and the Member

14 of the House of Representatives from the district in which

15 such member resides of such extraordinary award, com16 mendation, or recognition.

17 SEC. 588. REPORT ON PROVISION OF ELECTRONIC COPY OF

18 MILITARY RECORDS ON DISCHARGE OR RE19 LEASE OF MEMBERS FROM THE ARMED

20 FORCES.

21 (a) REPORT REQUIRED.—Not later than 120 days

22 after the date of the enactment of this Act, the Secretary

23 of Defense shall submit to the congressional defense com24 mittees a report on the feasibility and advisability of pro25 viding an electronic copy of military records (including all

26 military service, medical, and other military records) to
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1 members of the Armed Forces on their discharge or re2 lease from the Armed Forces.

3 (b) ELEMENTS.—The report required by subsection

4 (a) shall include the following:

5 (1) An estimate of the costs of the provision of

6 military records as described in subsection (a).

7 (2) An assessment of providing military records

8 as described in that subsection through the distribu9 tion of a portable, readily accessible medium (such

10 as a computer disk or other similar medium) con11 taining such records.

12 (3) A description and assessment of the mecha13 nisms required to ensure the privacy of members of

14 the Armed Forces in providing military records as

15 described in that subsection.

16 (4) An assessment of the benefits to the mem17 bers of the Armed Forces of receiving their military

18 records as described in that subsection.

19 (5) If the Secretary determines that providing

20 military records to members of the Armed Forces as

21 described in that subsection is feasible and advis22 able, a plan (including a schedule) for providing

23 such records to members of the Armed Forces as so

24 described in order to ensure that each member of
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1 the Armed Forces is provided such records upon dis2 charge or release from the Armed Forces.

3 (6) Any other matter to relating to the provi4 sion of military records as described in that sub5 section that the Secretary considers appropriate.

6 SEC. 589. PURPLE HEART AWARD ELIGIBILITY.

7 (a) FINDINGS.—Congress makes the following find8 ings:

9 (1) The Purple Heart is the oldest military

10 decoration in the world in present use.

11 (2) The Purple Heart was established on Au12 gust 7, 1782, during the Revolutionary War, when

13 General George Washington issued an order estab14 lishing the Honorary Badge of Distinction, otherwise

15 known as the Badge of Military Merit.

16 (3) The award of the Purple Heart ceased with

17 the end of the Revolutionary War, but was revived

18 in 1932, the 200th anniversary of George Washing19 ton’s birth, out of respect for his memory and mili20 tary achievements by War Department General Or21 ders No. 3, dated February 22, 1932.

22 (4) The criteria for the award was originally

23 announced in War Department Circular dated Feb24 ruary 22, 1932, and revised by Presidential Execu25 tive Order 9277, dated December 3, 1942; Executive
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1 Order 10409, dated February 12, 1952; Executive

2 Order 11016, dated April 25, 1962; and Executive

3 Order 12464, dated February 23, 1984.

4 (5) The Purple Heart is awarded in the name

5 of the President of the United States as Commander

6 in Chief to members of the Armed Forces who qual7 ify under criteria set forth by Presidential Executive

8 Order.

9 (b) DETERMINATION.—As part of the review and re10 port required in subsection (d), the President shall make

11 a determination on expanding eligibility to all deceased

12 servicemembers held as a prisoner of war after December

13 7, 1941, and who meet the criteria establishing eligibility

14 for the prisoner-of-war medal under section 1128 of title

15 10, but who do not meet the criteria establishing eligibility

16 for the Purple Heart.

17 (c) REQUIREMENTS.—In making the determination

18 described in subsection (b), the President shall take into

19 consideration—

20 (1) the brutal treatment endured by thousands

21 of POWs incarcerated by enemy forces;

22 (2) that many service members died due to

23 starvation, abuse, the deliberate withholding of med24 ical treatment for injury or disease, or other causes
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1 which do not currently meet the criteria for award

2 of the Purple Heart;

3 (3) the views of veteran organizations, including

4 the Military Order of the Purple Heart;

5 (4) the importance and gravity that has been

6 assigned to determining all available facts prior to a

7 decision to award the Purple Heart; and

8 (5) the views of the Secretary of Defense and

9 the Joint Chiefs of Staff.

10 (d) REPORT.—Not later than March 1, 2007, the

11 President shall provide the Committees on Armed Services

12 of the Senate and House of Representatives a report on

13 the advisability of modifying the criteria for the award of

14 the Purple Heart to authorize the award of the Purple

15 Heart to military members who die in captivity under un16 known circumstances or as a result of conditions and

17 treatment which currently do not qualify the decedent for

18 award of the Purple Heart; and for military members who

19 survive captivity as prisoners of war, but die thereafter

20 as a result of disease or disability incurred during cap21 tivity.
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1 SEC. 590. COMPREHENSIVE REVIEW ON PROCEDURES OF

2 THE DEPARTMENT OF DEFENSE ON MOR3 TUARY AFFAIRS.

4 (a) REPORT.—As soon as practicable after the com5 pletion of the comprehensive review of the procedures of

6 the Department of Defense on mortuary affairs, the Sec7 retary of Defense shall submit to the congressional defense

8 committees a report on the review.

9 (b) ADDITIONAL ELEMENTS.—In conducting the

10 comprehensive review described in subsection (a), the Sec11 retary shall also address, in addition to any other matters

12 covered by the review, the following:

13 (1) The utilization of additional or increased re14 frigeration (including icing) in combat theaters in

15 order to enhance preservation of remains.

16 (2) The relocation of refrigeration assets fur17 ther forward in the field.

18 (3) Specific time standards for the movement of

19 remains from combat units.

20 (4) The forward location of autopsy and em21 balming operations.

22 (5) Any other matters that the Secretary con23 siders appropriate in order to speed the return of re24 mains to the United States in a non-decomposed

25 state.
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1 (c) ADDITIONAL ELEMENT OF POLICY ON CASUALTY

2 ASSISTANCE TO SURVIVORS OF MILITARY DECEDENTS.—

3 Section 562(b) of the National Defense Authorization Act

4 for Fiscal Year 2006 (Public Law 109–163; 119 Stat.

5 3267; 10 U.S.C. 1475 note) is amended by adding at the

6 end the following new paragraph:

7 ‘‘(12) The process by which the Department of

8 Defense, upon request, briefs survivors of military

9 decedents on the cause of, and any investigation

10 into, the death of such military decedents and on the

11 disposition and transportation of the remains of

12 such decedents, which process shall—

13 ‘‘(A) provide for the provision of such

14 briefings by fully qualified Department per15 sonnel;

16 ‘‘(B) ensure briefings take place as soon as

17 possible after death and updates are provided in

18 a timely manner when new information becomes

19 available;

20 ‘‘(C) ensure that—

21 ‘‘(i) such briefings and updates relate

22 the most complete and accurate informa23 tion available at the time of such briefings

24 or updates, as the case may be; and
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1 ‘‘(ii) incomplete or unverified informa2 tion is identified as such during the course

3 of such briefings or updates; and

4 ‘‘(D) include procedures by which such

5 survivors shall, upon request, receive updates or

6 supplemental information on such briefings or

7 updates from qualified Department personnel.’’.

8 SEC. 591. REPORT ON OMISSION OF SOCIAL SECURITY

9 NUMBERS ON MILITARY IDENTIFICATION

10 CARDS.

11 (a) REPORT.—Not later than 180 days after the date

12 of the enactment of this Act, the Secretary of Defense

13 shall submit to Congress a report setting forth the assess14 ment of the Secretary of the feasibility of utilizing military

15 identification cards that do not contain, display or exhibit

16 the Social Security Number of the individual identified by

17 such military identification card.

18 (b) MILITARY IDENTIFICATION CARD DEFINED.—In

19 this section, the term ‘‘military identification card’’ has

20 the meaning given the term ‘‘military ID card’’ in section

21 1060b(b)(1) of title 10, United States Code.

22 SEC. 592. FUNERAL CEREMONIES FOR VETERANS.

23 (a) SUPPORT FOR CEREMONIES BY DETAILS CON24 SISTING SOLELY OF MEMBERS OF VETERANS AND OTHER

25 ORGANIZATIONS.—
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1 (1) SUPPORT OF CEREMONIES.—Section 1491

2 of title 10, United States Code, is amended—

3 (A) by redesignating subsections (e), (f),

4 (g), and (h) as subsections (f), (g), (h), and (i),

5 respectively; and

6 (B) by inserting after subsection (d) the

7 following new subsection (e):

8 ‘‘(e) SUPPORT FOR FUNERAL HONORS DETAILS

9 COMPOSED OF MEMBERS OF VETERANS ORGANIZA10 TIONS.—(1) Subject to such regulations and procedures

11 as the Secretary of Defense may prescribe, the Secretary

12 of the military department of which a veteran was a mem13 ber may support the conduct of funeral honors for such

14 veteran that are provided solely by members of veterans

15 organizations or other organizations referred to in sub16 section (b)(2).

17 ‘‘(2) The provision of support under this subsection

18 is subject to the availability of appropriations for that pur19 pose.

20 ‘‘(3) The support provided under this subsection may

21 include the following:

22 ‘‘(A) Reimbursement for costs incurred by orga23 nizations referred to in paragraph (1) in providing

24 funeral honors, including costs of transportation,

25 meals, and similar costs.
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1 ‘‘(B) Payment to members of such organiza2 tions providing such funeral honors of the daily sti3 pend prescribed under subsection (d)(2).’’.

4 (2) CONFORMING AMENDMENTS.—Such section

5 is further amended—

6 (A) in subsection (d)(2), by inserting ‘‘and

7 subsection (e)’’ after ‘‘paragraph (1)(A)’’; and

8 (B) in paragraph (1) of section (f), as re9 designated by subsection (a)(1) of this section,

10 by inserting ‘‘(other than a requirement in sub11 section (e)’’ after ‘‘pursuant to this section’’.

12 (b) USE OF EXCESS M–1 RIFLES FOR CEREMONIAL

13 AND OTHER PURPOSES.—Section 4683 of such title is

14 amended—

15 (1) in subsection (a), by adding at the end the

16 following new paragraph:

17 ‘‘(3) Rifles loaned or donated under paragraph (1)

18 may be used by an eligible designee for funeral ceremonies

19 of a member or former member of the armed forces and

20 for other ceremonial purposes.’’;

21 (2) in subsection (c), by inserting after ‘‘ac22 countability’’ the following: ‘‘, provided that such

23 conditions do not unduly hamper eligible designees

24 from participating in funeral ceremonies of a mem-
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1 ber or former member of the armed forces or other

2 ceremonies’’;

3 (3) in subsection (d)—

4 (A) in paragraph (2), by striking ‘‘; or’’

5 and inserting ‘‘or fire department;’’;

6 (B) in paragraph (3), by striking the pe7 riod at the end and inserting ‘‘; or’’; and

8 (C) by adding at the end the following new

9 paragraph:

10 ‘‘(4) any other member in good standing of an

11 organization described in paragraphs (1), (2), or

12 (3).’’; and

13 (4) by adding at the end the following new sub14 section:

15 ‘‘(e) ELIGIBLE DESIGNEE DEFINED.—In this sec16 tion, the term ‘eligible designee’ means a designee of an

17 eligible organization who—

18 ‘‘(1) is a spouse, son, daughter, nephew, niece,

19 or other family relation of a member or former

20 member of the armed forces;

21 ‘‘(2) is at least 18 years of age; and

22 ‘‘(3) has successfully completed a formal fire23 arm training program or a hunting safety pro24 gram.’’.
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1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

4 SEC. 601. FISCAL YEAR 2007 INCREASE IN MILITARY BASIC

5 PAY AND REFORM OF BASIC PAY RATES.

6 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The

7 adjustment to become effective during fiscal year 2007 re8 quired by section 1009 of title 37, United States Code,

9 in the rates of monthly basic pay authorized members of

10 the uniformed services shall not be made.

11 (b) JANUARY 1, 2007, INCREASE IN BASIC PAY.—

12 Effective on January 1, 2007, the rates of monthly basic

13 pay for members of the uniformed services are increased

14 by 2.2 percent.

15 (c) REFORM OF BASIC PAY RATES.—Effective on

16 April 1, 2007, the rates of monthly basic pay for members

17 of the uniformed services within each pay grade are as

18 follows:
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MONTHLY BASIC PAY

COMMISSIONED OFFICERS 1

Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–10 2 .. $0.00 $0.00 $0.00 $0.00 $0.00

O–9 ...... 0.00 0.00 0.00 0.00 0.00

O–8 ...... 8,453.10 8,729.70 8,913.60 8,964.90 9,194.10

O–7 ...... 7,023.90 7,350.00 7,501.20 7,621.20 7,838.40

O–6 ...... 5,206.20 5,719.20 6,094.50 6,094.50 6,117.60

O–5 ...... 4,339.80 4,888.80 5,227.50 5,291.10 5,502.00

O–4 ...... 3,744.60 4,334.70 4,623.90 4,688.40 4,956.90

O–3 3 .... 3,292.20 3,732.30 4,028.40 4,392.00 4,602.00

O–2 3 .... 2,844.30 3,239.70 3,731.40 3,857.40 3,936.60

O–1 3 .... 2,469.30 2,569.80 3,106.50 3,106.50 3,106.50

Over 8 Over 10 Over 12 Over 14 Over 16

O–10 2 .. $0.00 $0.00 $0.00 $0.00 $0.00

O–9 ...... 0.00 0.00 0.00 0.00 0.00

O–8 ...... 9,577.20 9,666.30 10,030.20 10,134.30 10,447.80

O–7 ...... 8,052.90 8,301.30 8,548.80 8,797.20 9,577.20

O–6 ...... 6,380.10 6,414.60 6,414.60 6,779.10 7,423.80

O–5 ...... 5,628.60 5,906.40 6,110.10 6,373.20 6,776.40

O–4 ...... 5,244.60 5,602.80 5,882.40 6,076.20 6,187.50

O–3 3 .... 4,833.30 4,982.70 5,228.40 5,355.90 5,355.90

O–2 3 .... 3,936.60 3,936.60 3,936.60 3,936.60 3,936.60

O–1 3 .... 3,106.50 3,106.50 3,106.50 3,106.50 3,106.50

Over 18 Over 20 Over 22 Over 24 Over 26

O–10 2 .. $0.00 $13,659.00 $13,725.90 $14,011.20 $14,508.60

O–9 ...... 0.00 11,946.60 12,118.50 12,367.20 12,801.30

O–8 ...... 10,900.80 11,319.00 11,598.30 11,598.30 11,598.30

O–7 ...... 10,236.00 10,236.00 10,236.00 10,236.00 10,287.90

O–6 ...... 7,802.10 8,180.10 8,395.20 8,613.00 9,035.70

O–5 ...... 6,968.10 7,158.00 7,373.10 7,373.10 7,373.10

O–4 ...... 6,252.30 6,252.30 6,252.30 6,252.30 6,252.30

O–3 3 .... 5,355.90 5,355.90 5,355.90 5,355.90 5,355.90

O–2 3 .... 3,936.60 3,936.60 3,936.60 3,936.60 3,936.60

O–1 3 .... 3,106.50 3,106.50 3,106.50 3,106.50 3,106.50

Over 28 Over 30 Over 32 Over 34 Over 36

O–10 2 .. $14,508.60 $15,234.00 $15,234.00 $15,995.70 $15,995.70

O–9 ...... 12,801.30 13,441.50 13,441.50 14,113.50 14,113.50

O–8 ...... 11,598.30 11,888.40 11,888.40 12,185.70 12,185.70

O–7 ...... 10,287.90 10,493.70 10,493.70 10,493.70 10,493.70

O–6 ...... 9,035.70 9,216.30 9,216.30 9,216.30 9,216.30

O–5 ...... 7,373.10 7,373.10 7,373.10 7,373.10 7,373.10

O–4 ...... 6,252.30 6,252.30 6,252.30 6,252.30 6,252.30

O–3 3 .... 5,355.90 5,355.90 5,355.90 5,355.90 5,355.90

O–2 3 .... 3,936.60 3,936.60 3,936.60 3,936.60 3,936.60

O–1 3 .... 3,106.50 3,106.50 3,106.50 3,106.50 3,106.50

Over 38 Over 40

O–10 2 .. $16,795.50 $16,795.50

O–9 ...... 14,819.10 14,819.10

O–8 ...... 12,185.70 12,185.70

O–7 ...... 10,493.70 10,493.70

O–6 ...... 9,216.30 9,216.30

O–5 ...... 7,373.10 7,373.10

O–4 ...... 6,252.30 6,252.30

O–3 3 .... 5,355.90 5,355.90

O–2 3 .... 3,936.60 3,936.60

O–1 3 .... 3,106.50 3,106.50

1Notwithstanding the pay rates specified in this table, the actual basic pay for commissioned officers in grades

O–7 through O–10 may not exceed the rate of pay for level II of the Executive Schedule and the actual basic

pay for all other officers, including warrant officers, may not exceed the rate of pay for level V of the Executive

Schedule.
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2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff,

Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, Commandant of the Coast Guard, or commander of a unified or specified combatant command (as

defined in section 161(c) of title 10, United States Code), basic pay for this grade is calculated to be

$17,972.10, regardless of cumulative years of service computed under section 205 of title 37, United States

Code. 3This table does not apply to commissioned officers in the grade O–1, O–2, or O–3 who have been credited

with over 4 years of active duty service as an enlisted member or warrant officer.
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COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE

AS AN ENLISTED MEMBER OR WARRANT OFFICER

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–3E .. $0.00 $0.00 $0.00 $4,392.00 $4,602.00

O–2E .. 0.00 0.00 0.00 3,857.40 3,936.60

O–1E .. 0.00 0.00 0.00 3,106.50 3,317.70

Over 8 Over 10 Over 12 Over 14 Over 16

O–3E .. $4,833.00 $4,982.70 $5,228.40 $5,435.40 $5,554.20

O–2E .. 4,062.00 4,273.50 4,437.00 4,558.80 4,558.80

O–1E .. 3,440.10 3,565.50 3,688.80 3,857.40 3,857.40

Over 18 Over 20 Over 22 Over 24 Over 26

O–3E .. $5,715.90 $5,715.90 $5,715.90 $5,715.90 $5,715.90

O–2E .. 4,558.80 4,558.80 4,558.80 4,558.80 4,558.80

O–1E .. 3,857.40 3,857.40 3,857.40 3,857.40 3,857.40

Over 28 Over 30 Over 32 Over 34 Over 36

O–3E .. $5,715.90 $5,715.90 $5,715.90 $5,715.90 $5,715.90

O–2E .. 4,558.80 4,558.80 4,558.80 4,558.80 4,558.80

O–1E .. 3,857.40 3,857.40 3,857.40 3,857.40 3,857.40

Over 38 Over 40

O–3E .. $5,715.90 $5,715.90

O–2E .. 4,558.80 4,558.80

O–1E .. 3,857.40 3,857.40
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WARRANT OFFICERS

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

W–5 .... $0.00 $0.00 $0.00 $0.00 $0.00

W–4 .... 3,402.00 3,660.00 3,765.00 3,868.50 4,046.40

W–3 .... 3,106.80 3,236.40 3,369.00 3,412.80 3,552.00

W–2 .... 2,749.20 3,009.30 3,089.40 3,144.60 3,322.80

W–1 .... 2,413.20 2,672.40 2,742.90 2,890.50 3,065.10

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 .... $0.00 $0.00 $0.00 $0.00 $0.00

W–4 .... 4,222.20 4,400.70 4,669.20 4,904.40 5,128.20

W–3 .... 3,825.90 4,110.90 4,245.30 4,400.40 4,560.30

W–2 .... 3,600.00 3,737.10 3,872.40 4,037.70 4,166.70

W–1 .... 3,322.20 3,442.20 3,610.20 3,775.50 3,905.10

Over 18 Over 20 Over 22 Over 24 Over 26

W–5 .... $0.00 $6,049.50 $6,356.40 $6,585.00 $6,838.20

W–4 .... 5,310.90 5,489.70 5,752.20 5,967.60 6,213.60

W–3 .... 4,847.70 5,042.40 5,158.50 5,282.10 5,450.10

W–2 .... 4,284.00 4,423.80 4,515.90 4,589.40 4,589.40

W–1 .... 4,024.50 4,170.00 4,170.00 4,170.00 4,170.00

Over 28 Over 30 Over 32 Over 34 Over 36

W–5 .... $6,838.20 $7,180.20 $7,180.20 $7,539.30 $7,539.30

W–4 .... 6,213.60 6,337.80 6,337.80 6,337.80 6,337.80

W–3 .... 5,450.10 5,450.10 5,450.10 5,450.10 5,450.10

W–2 .... 4,589.40 4,589.40 4,589.40 4,589.40 4,589.40

W–1 .... 4,170.00 4,170.00 4,170.00 4,170.00 4,170.00

Over 38 Over 40

W–5 .... $7,916.40 $7,916.40

W–4 .... 6,337.80 6,337.80

W–3 .... 5,450.10 5,450.10

W–2 .... 4,589.50 4,589.40

W–1 .... 4,170.00 4,170.00
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ENLISTED MEMBERS 1

Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–9 2 .... $0.00 $0.00 $0.00 $0.00 $0.00

E–8 ...... 0.00 0.00 0.00 0.00 0.00

E–7 ...... 2,339.10 2,553.00 2,650.80 2,780.70 2,881.50

E–6 ...... 2,023.20 2,226.00 2,324.40 2,419.80 2,519.40

E–5 ...... 1,854.00 1,977.90 2,073.30 2,171.40 2,323.80

E–4 ...... 1,699.50 1,786.50 1,883.10 1,978.50 2,062.80

E–3 ...... 1,534.20 1,630.80 1,729.20 1,729.20 1,729.20

E–2 ...... 1,458.90 1,458.90 1,458.90 1,458.90 1,458.90

E–1 ...... 31,301.40 1,301.40 1,301.40 1,301.40 1,301.40

Over 8 Over 10 Over 12 Over 14 Over 16

E–9 2 .... $0.00 $4,110.60 $4,203.90 $4,321.20 $4,459.50

E–8 ...... 3,364.80 3,513.90 3,606.00 3,716.40 3,835.80

E–7 ...... 3,055.20 3,152.70 3,326.70 3,471.00 3,569.70

E–6 ...... 2,744.10 2,831.40 3,000.00 3,051.90 3,089.70

E–5 ...... 2,483.70 2,613.90 2,630.10 2,630.10 2,630.10

E–4 ...... 2,062.80 2,062.80 2,062.80 2,062.80 2,062.80

E–3 ...... 1,729.20 1,729.20 1,729.20 1,729.20 1,729.20

E–2 ...... 1,458.90 1,458.90 1,458.90 1,458.90 1,458.90

E–1 ...... 1,301.40 1,301.40 1,301.40 1,301.40 1,301.40

Over 18 Over 20 Over 22 Over 24 Over 26

E–9 2 .... $4,598.40 $4,821.60 $5,010.30 $5,209.20 $5,512.80

E–8 ...... 4,051.80 4,161.30 4,347.30 4,450.50 4,704.90

E–7 ...... 3,674.40 3,715.50 3,852.00 3,925.20 4,204.20

E–6 ...... 3,133.50 3,133.50 3,133.50 3,133.50 3,133.50

E–5 ...... 2,630.10 2,630.10 2,630.10 2,630.10 2,630.10

E–4 ...... 2,062.80 2,062.80 2,062.80 2,062.80 2,062.80

E–3 ...... 1,729.20 1,729.20 1,729.20 1,729.20 1,729.20

E–2 ...... 1,458.90 1,458.90 1,458.90 1,458.90 1,458.90

E–1 ...... 1,301.40 1,301.40 1,301.40 1,301.40 1,301.40

Over 28 Over 30 Over 32 Over 34 Over 36

E–9 2 .... $5,512.80 $5,788.50 $5,788.50 $6,078.00 $6,078.00

E–8 ...... 4,704.90 4,799.10 4,799.10 4,799.10 4,799.10

E–7 ...... 4,204.20 4,204.20 4,204.20 4,204.20 4,204.20

E–6 ...... 3,133.50 3,133.50 3,133.50 3,133.50 3,133.50

E–5 ...... 2,630.10 2,630.10 2,630.10 2,630.10 2,630.10

E–4 ...... 2,062.80 2,062.80 2,062.80 2,062.80 2,062.80

E–3 ...... 1,729.20 1,729.20 1,729.20 1,729.20 1,729.20

E–2 ...... 1,458.90 1,458.90 1,458.90 1,458.90 1,458.90

E–1 ...... 1,301.40 1,301.40 1,301.40 1,301.40 1,301.40

Over 38 Over 40 

E–9 2 .... $6,381.90 $6,381.90

E–8 ...... 4,799.10 4,799.10

E–7 ...... 4,204.20 4,204.20

E–6 ...... 3,133.50 3,133.50

E–5 ...... 2,630.10 2,630.10

E–4 ...... 2,062.80 2,062.80

E–3 ...... 1,729.20 1,729.20

E–2 ...... 1,458.90 1,458.90

E–1 ...... 1,301.40 1,301.40

1Notwithstanding the pay rates specified in this table, the actual basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief Petty Officer

of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, Master Chief Petty

Officer of the Coast Guard, or Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, basic pay

for this grade is $6,642.60, regardless of cumulative years of service computed under section 205 of title 37,

United States Code. 3 In the case of members in the grade E–1 who have served less than 4 months on active duty, basic pay is

$1,203.90.
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1 SEC. 602. INCREASE IN MAXIMUM RATE OF BASIC PAY FOR

2 GENERAL AND FLAG OFFICER GRADES.

3 (a) INCREASE.—Section 203(a)(2) of title 37, United

4 States Code, is amended by striking ‘‘level III of the Exec5 utive Schedule’’ and inserting ‘‘level II of the Executive

6 Schedule’’.

7 (b) EFFECTIVE DATE.—The amendment made by

8 subsection (a) shall take effect on January 1, 2007, and

9 shall apply with respect to months beginning on or after

10 that date.

11 SEC. 603. CLARIFICATION OF EFFECTIVE DATE OF PROHI12 BITION ON COMPENSATION FOR COR13 RESPONDENCE COURSES.

14 Section 206(d) of title 37, United States Code, is

15 amended by adding at the end the following new para16 graph:

17 ‘‘(3) The prohibition in this subsection (including the

18 prohibition as it relates to a member of the National

19 Guard while not in Federal service) shall apply to—

20 ‘‘(A) any work or study performed on or after

21 September 7, 1962; and

22 ‘‘(B) any claim based on such work or study

23 arising after that date.’’.
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1 SEC. 604. ONE-YEAR EXTENSION OF PROHIBITION AGAINST

2 REQUIRING CERTAIN INJURED MEMBERS TO

3 PAY FOR MEALS PROVIDED BY MILITARY

4 TREATMENT FACILITIES.

5 (a) EXTENSION.—Section 402(h)(3) of title 37,

6 United States Code, is amended by striking ‘‘December

7 31, 2006’’ and inserting ‘‘December 31, 2007’’.

8 (b) REPORT ON ADMINISTRATION OF PROHIBI9 TION.—Not later than February 1, 2007, the Secretary

10 of Defense shall submit to the congressional defense com11 mittees a report on the administration of section

12 402(h)(3) of title 37, United States Code (as amended by

13 subsection (a)). The report shall include—

14 (1) a description and assessment of the mecha15 nisms used by the military departments to imple16 ment the prohibition contained in such section; and

17 (2) such recommendations as the Secretary con18 siders appropriate regarding making such prohibi19 tion permanent.

20 SEC. 605. ADDITIONAL HOUSING ALLOWANCE FOR RE21 SERVES ON ACTIVE DUTY IN SUPPORT OF A

22 CONTINGENCY OPERATION.

23 (a) IN GENERAL.—Section 403(g) of title 37, United

24 States Code, is amended—

25 (1) by redesignating paragraphs (2), (3), and

26 (4) as paragraphs (3), (4), and (5), respectively;
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1 (2) by inserting after paragraph (1) the fol2 lowing new paragraph (2):

3 ‘‘(2)(A) Under regulations prescribed by the Sec4 retary of Defense and the Secretary of Homeland Security

5 with respect to the Coast Guard when it is not operating

6 as a service in the Department of the Navy, the Secretary

7 concerned may authorize payment of a housing allowance

8 to a member described in paragraph (1) at a monthly rate

9 equal to the rate of the basic allowance for housing under

10 subsection (b) or the overseas basic allowance for housing

11 under subsection (c), whichever applies to that location,

12 for members of the regular components at that location

13 in the same grade without dependents.

14 ‘‘(B) A member may concurrently receive a basic al15 lowance for housing under paragraph (1) and a housing

16 allowance under this paragraph, but may not receive the

17 portion of the allowance, if any, authorized under section

18 404 of this title for lodging expenses if a housing allow19 ance is authorized to be paid under this paragraph.’’; and

20 (3) in paragraph (3), as so redesignated, by

21 striking ‘‘Paragraph (1)’’ and inserting ‘‘Paragraphs

22 (1) and (2)’’.

23 (b) EFFECTIVE DATE.—The amendments made by

24 subsection (a) shall take effect on October 1, 2006, and
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1 shall apply with respect to months beginning on or after

2 that date.

3 SEC. 606. EXTENSION OF TEMPORARY CONTINUATION OF

4 HOUSING ALLOWANCE FOR DEPENDENTS OF

5 MEMBERS DYING ON ACTIVE DUTY TO

6 SPOUSES WHO ARE MEMBERS OF THE UNI7 FORMED SERVICES.

8 (a) IN GENERAL.—Section 403(l) of title 37, United

9 States Code, is amended—

10 (1) by redesignating paragraph (3) as para11 graph (4);

12 (2) by inserting after paragraph (2) the fol13 lowing new paragraph (3):

14 ‘‘(3) A member of the uniformed services who is the

15 spouse of a deceased member described in paragraph (2)

16 may be paid a basic allowance for housing as provided for

17 in that paragraph. An allowance paid under this para18 graph is in addition to any other pay and allowances to

19 which the member of the uniformed services is entitled

20 under any other provision of law.’’; and

21 (3) in paragraph (4), as so redesignated, by

22 striking ‘‘(2)’’ and inserting ‘‘(2) or (3)’’.

23 (b) EFFECTIVE DATE.—The amendments made by

24 this section shall take effect on October 1, 2006, and shall
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1 apply with respect to deaths occurring on or after that

2 date.

3 Subtitle B—Bonuses and Special

4 and Incentive Pays

5 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL

6 PAY AUTHORITIES FOR RESERVE FORCES.

7 (a) SELECTED RESERVE REENLISTMENT BONUS.—

8 Section 308b(g) of title 37, United States Code, is amend9 ed by striking ‘‘December 31, 2006’’ and inserting ‘‘De10 cember 31, 2007’’.

11 (b) SELECTED RESERVE AFFILIATION OR ENLIST12 MENT BONUS.—Section 308c(i) of such title is amended

13 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem14 ber 31, 2007’’.

15 (c) SPECIAL PAY FOR ENLISTED MEMBERS AS16 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

17 308d(c) of such title is amended by striking ‘‘December

18 31, 2006’’ and inserting ‘‘December 31, 2007’’.

19 (d) READY RESERVE ENLISTMENT BONUS FOR PER20 SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of

21 such title is amended by striking ‘‘December 31, 2006’’

22 and inserting ‘‘December 31, 2007’’.

23 (e) READY RESERVE ENLISTMENT AND REENLIST24 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec-
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1 tion 308h(e) of such title is amended by striking ‘‘Decem2 ber 31, 2006’’ and inserting ‘‘December 31, 2007’’.

3 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

4 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such

5 title is amended by striking ‘‘December 31, 2006’’ and in6 serting ‘‘December 31, 2007’’.

7 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL

8 PAY AUTHORITIES FOR CERTAIN HEALTH

9 CARE PROFESSIONALS.

10 (a) NURSE OFFICER CANDIDATE ACCESSION PRO11 GRAM.—Section 2130a(a)(1) of title 10, United States

12 Code, is amended by striking ‘‘December 31, 2006’’ and

13 inserting ‘‘December 31, 2007’’.

14 (b) REPAYMENT OF EDUCATION LOANS FOR CER15 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE16 LECTED RESERVE.—Section 16302(d) of such title is

17 amended by striking ‘‘January 1, 2007’’ and inserting

18 ‘‘January 1, 2008’’.

19 (c) ACCESSION BONUS FOR REGISTERED NURSES.—

20 Section 302d(a)(1) of title 37, United States Code, is

21 amended by striking ‘‘December 31, 2006’’ and inserting

22 ‘‘December 31, 2007’’.

23 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES24 THETISTS.—Section 302e(a)(1) of such title is amended
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1 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem2 ber 31, 2007’’.

3 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

4 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE5 CIALTIES.—Section 302g(e) of such title is amended by

6 striking ‘‘December 31, 2006’’ and inserting ‘‘December

7 31, 2007’’.

8 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—

9 Section 302h(a)(1) of such title is amended by striking

10 ‘‘December 31, 2006’’ and inserting ‘‘December 31,

11 2007’’.

12 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.—

13 Section 302j(a) of such title is amended by striking ‘‘De14 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’.

15 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU16 THORITIES FOR NUCLEAR OFFICERS.

17 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI18 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

19 312(e) of title 37, United States Code, is amended by

20 striking ‘‘December 31, 2006’’ and inserting ‘‘December

21 31, 2007’’.

22 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

23 312b(c) of such title is amended by striking ‘‘December

24 31, 2006’’ and inserting ‘‘December 31, 2007’’.
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1 (c) NUCLEAR CAREER ANNUAL INCENTIVE

2 BONUS.—Section 312c(d) of such title is amended by

3 striking ‘‘December 31, 2006’’ and inserting ‘‘December

4 31, 2007.

5 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAY6 MENT OF OTHER BONUSES AND SPECIAL

7 PAYS.

8 (a) AVIATION OFFICER RETENTION BONUS.—Sec9 tion 301b(a) of title 37, United States Code, is amended

10 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem11 ber 31, 2007’’.

12 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g)

13 of such title is amended by striking ‘‘December 31, 2007’’

14 and inserting ‘‘December 31, 2008’’.

15 (c) REENLISTMENT BONUS FOR ACTIVE MEM16 BERS.—Section 308(g) of such title is amended by strik17 ing ‘‘December 31, 2006’’ and inserting ‘‘December 31,

18 2007’’.

19 (d) ENLISTMENT BONUS.—Section 309(e) of such

20 title is amended by striking ‘‘December 31, 2006’’ and in21 serting ‘‘December 31, 2007’’.

22 (e) RETENTION BONUS FOR MEMBERS WITH CRIT23 ICAL MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

24 UNITS.—Section 323(i) of such title is amended by strik-
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1 ing ‘‘December 31, 2006’’ and inserting ‘‘December 31,

2 2007’’.

3 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT4 ICAL SKILLS.—Section 324(g) of such title is amended by

5 striking ‘‘December 31, 2006’’ and inserting ‘‘December

6 31, 2007’’.

7 (g) INCENTIVE BONUS FOR CONVERSION TO MILI8 TARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL

9 SHORTAGE.—Section 326(g) of such title is amended by

10 striking ‘‘December 31, 2006’’ and inserting ‘‘December

11 31, 2007’’.

12 (h) INCENTIVE BONUS FOR TRANSFER BETWEEN

13 THE ARMED FORCES.—Section 327(h) of such title is

14 amended by striking ‘‘December 31, 2006’’ and inserting

15 ‘‘December 31, 2009’’.

16 SEC. 615. INCREASE IN SPECIAL PAY FOR SELECTED RE17 SERVE HEALTH CARE PROFESSIONALS IN

18 CRITICALLY SHORT WARTIME SPECIALTIES.

19 INCREASE IN SPECIAL PAY.—Section 302g(a) of title

20 37, United States Code, is amended by striking ‘‘$10,000’’

21 and inserting ‘‘$25,000’’.

22 (b) EFFECTIVE DATE.—The amendment made by

23 subsection (a) shall take effect on October 1, 2006, and

24 shall apply to written agreements entered into under sec-
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1 tion 302g of title 37, United States Code, on or after that

2 date.

3 SEC. 616. EXPANSION AND ENHANCEMENT OF ACCESSION

4 BONUS AUTHORITIES FOR CERTAIN OFFI5 CERS IN HEALTH CARE SPECIALITIES.

6 (a) INCREASE IN ACCESSION BONUS FOR DENTAL

7 OFFICERS.—Section 302h(a)(2) of title 37, United States

8 Code, is amended by striking ‘‘$30,000’’ and inserting

9 ‘‘$200,000’’.

10 (b) ACCESSION BONUS FOR MEDICAL OFFICERS IN

11 CRITICALLY SHORT WARTIME SPECIALITIES.—Chapter 5

12 of title 37, United States Code, is amended by inserting

13 after section 302j the following new section:

14 ‘‘§ 302k. Special pay: accession bonus for medical offi15 cers in critically short wartime special16 ties

17 ‘‘(a) ACCESSION BONUS AUTHORIZED.—(1) A person

18 who is a graduate of an accredited school of medicine or

19 osteopathy in a specialty described in subsection (c) and

20 who executes a written agreement described in subsection

21 (d) to accept a commission as an officer of the Armed

22 Forces and remain on active duty for a period of not less

23 than four consecutive years may, upon the acceptance of

24 the agreement by the Secretary concerned, be paid an ac-
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1 cession bonus in the amount determined by the Secretary

2 concerned.

3 ‘‘(2) The amount of an accession bonus under para4 graph (1) may not exceed $400,000.

5 ‘‘(b) LIMITATION ON ELIGIBILITY FOR BONUS.—A

6 person may not be paid a bonus under subsection (a) if—

7 ‘‘(1) the person, in exchange for an agreement

8 to accept an appointment as an officer, received fi9 nancial assistance from the Department of Defense

10 to pursue a course of study in medicine or osteop11 athy; or

12 ‘‘(2) the Secretary concerned determines that

13 the person is not qualified to become and remain

14 certified as a doctor or osteopath in a specialty de15 scribed in subsection (c).

16 ‘‘(c) COVERED SPECIALTIES.—A specialty described

17 in this subsection is a specialty designated by regulations

18 as a critically short wartime specialty.

19 ‘‘(d) AGREEMENT.—The agreement referred to in

20 subsection (a) shall provide that, consistent with the needs

21 of the armed service concerned, the person executing the

22 agreement will be assigned to duty, for the period of obli23 gated service covered by the agreement, as an officer of

24 the Medical Corps of the Army or the Navy or as an offi-
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1 cer of the Air Force designated as a medical officer in

2 a specialty described in subsection (c).

3 ‘‘(e) REPAYMENT.—A person who, after executing an

4 agreement under subsection (a) is not commissioned as

5 an officer of the armed forces, does not become licensed

6 as a doctor or osteopath, as the case may be, or does not

7 complete the period of active duty in a specialty specified

8 in the agreement, shall be subject to the repayment provi9 sions of section 303a(e) of this title.

10 ‘‘(f) TERMINATION OF AUTHORITY.—No agreement

11 under this section may be entered into after December 31,

12 2007.’’.

13 (c) ACCESSION BONUS FOR DENTAL SPECIALIST OF14 FICERS IN CRITICALLY SHORT WARTIME SPECIALITIES.—

15 Chapter 5 of title 37, United States Code, as amended

16 by subsection (b), is further amended by inserting after

17 section 302k the following new section:

18 ‘‘§ 302l. Special pay: accession bonus for dental spe19 cialist officers in critically short wartime

20 specialties

21 ‘‘(a) ACCESSION BONUS AUTHORIZED.—(1) A person

22 who is a graduate of an accredited dental school in a spe23 cialty described in subsection (c) and who executes a writ24 ten agreement described in subsection (d) to accept a com25 mission as an officer of the Armed Forces and remain on
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1 active duty for a period of not less than four consecutive

2 years may, upon the acceptance of the agreement by the

3 Secretary concerned, be paid an accession bonus in the

4 amount determined by the Secretary concerned.

5 ‘‘(2) The amount of an accession bonus under para6 graph (1) may not exceed $400,000.

7 ‘‘(b) LIMITATION ON ELIGIBILITY FOR BONUS.—A

8 person may not be paid a bonus under subsection (a) if—

9 ‘‘(1) the person, in exchange for an agreement

10 to accept an appointment as an officer, received fi11 nancial assistance from the Department of Defense

12 to pursue a course of study in dentistry; or

13 ‘‘(2) the Secretary concerned determines that

14 the person is not qualified to become and remain

15 certified as a dentist in a specialty described in sub16 section (c).

17 ‘‘(c) COVERED SPECIALTIES.—A specialty described

18 in this subsection is a specialty designated by regulations

19 as a critically short wartime specialty.

20 ‘‘(d) AGREEMENT.—The agreement referred to in

21 subsection (a) shall provide that, consistent with the needs

22 of the armed service concerned, the person executing the

23 agreement will be assigned to duty, for the period of obli24 gated service covered by the agreement, as an officer of

25 the Dental Corps of the Army or the Navy or as an officer
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1 of the Air Force designated as a dental officer in a spe2 cialty described in subsection (c).

3 ‘‘(e) REPAYMENT.—A person who, after executing an

4 agreement under subsection (a) is not commissioned as

5 an officer of the armed forces, does not become licensed

6 as a dentist or does not complete the period of active duty

7 in a specialty specified in the agreement, shall be subject

8 to the repayment provisions of section 303a(e) of this title.

9 ‘‘(f) COORDINATION WITH OTHER ACCESSION

10 BONUS AUTHORITY.—A person eligible to execute an

11 agreement under both subsection (a) and section 302h of

12 this title shall elect which authority to execute the agree13 ment under. A person may not execute an agreement

14 under both subsection (a) and such section 302h.

15 ‘‘(g) TERMINATION OF AUTHORITY.—No agreement

16 under this section may be entered into after December 31,

17 2007.’’.

18 (d) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of chapter 5 of such title is amended by

20 inserting after the item relating to section 302j the fol21 lowing new item:

‘‘302k. Special pay: accession bonus for medical officers in critically short wartime specialties.

‘‘302l. Special pay: accession bonus for dental specialist officers in critically

short wartime specialties.’’.

22 (e) EFFECTIVE DATE.—The amendments made by

23 this section shall take effect on October 1, 2006.
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1 SEC. 617. INCREASE IN NUCLEAR CAREER ACCESSION

2 BONUS FOR NUCLEAR-QUALIFIED OFFICERS.

3 (a) INCREASE.—Section 312b(a)(1) of title 37,

4 United States Code, is amended by striking ‘‘$20,000’’

5 and inserting ‘‘$30,000’’.

6 (b) EFFECTIVE DATE.—The amendment made by

7 subsection (a) shall take effect on October 1, 2006, and

8 shall apply with respect to agreements under section 312b

9 of title 37, United States Code, entered into on or after

10 that date.

11 SEC. 618. MODIFICATION OF CERTAIN AUTHORITIES APPLI12 CABLE TO THE TARGETED SHAPING OF THE

13 ARMED FORCES.

14 (a) VOLUNTARY SEPARATION PAY AND BENEFITS.

15 (1) INCREASE IN MAXIMUM AMOUNT OF PAY.—

16 Subsection (f) of section 1175a of title 10, United

17 States Code, is amended by striking ‘‘two times’’

18 and inserting ‘‘four times’’.

19 (2) EXTENSION OF AUTHORITY.—Subsection

20 (k)(1) of such section is amended by striking ‘‘De21 cember 31, 2008’’ and inserting ‘‘December 31,

22 2012’’.

23 (3) REPEAL OF LIMITATION ON APPLICA24 BILITY.—Subsection (b) of section 643 of the Na25 tional Defense Authorization Act for Fiscal Year
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1 2006 (Public Law 109–163; 119 Stat. 3310; 10

2 U.S.C. 1175a note) is repealed.

3 (b) RELAXATION OF LIMITATION ON SELECTIVE

4 EARLY RETIREMENT.—Section 638(a)(2) of title 10,

5 United States Code, is amended by adding at the end the

6 following new sentence: ‘‘However, during the period be7 ginning on October 1, 2006, and ending on December 31,

8 2012, such number may be more than 30 percent of the

9 number of officers considered in each competitive cat10 egory, but may not be more than 30 percent of the number

11 of officers considered in each grade.’’.

12 (c) ENHANCED AUTHORITY FOR SELECTIVE EARLY

13 RETIREMENT AND EARLY DISCHARGES.—

14 (1) RENEWAL OF AUTHORITY.—Subsection (a)

15 of section 638a of title 10, United States Code, is

16 amended by inserting ‘‘and during the period begin17 ning on October 1, 2006, and ending on December

18 31, 2012,’’ after ‘‘December 31, 2001,’’.

19 (2) RELAXATION OF LIMITATION ON SELECTIVE

20 EARLY RETIREMENT.—Subsection (c)(1) of such sec21 tion is amended by adding at the end the following

22 new sentence: ‘‘However, during the period begin23 ning on October 1, 2006, and ending on December

24 31, 2012, such number may be more than 30 per25 cent of the number of officers considered in each
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1 competitive category, but may not be more than 30

2 percent of the number of officers considered in each

3 grade.’’.

4 (3) RELAXATION OF LIMITATION ON SELECTIVE

5 EARLY DISCHARGE.—Subsection (d)(2) of such sec6 tion is amended—

7 (A) in subparagraph (A), by inserting be8 fore the semicolon the following: ‘‘, except that

9 during the period beginning on October 1,

10 2006, and ending on December 31, 2012, such

11 number may be more than 30 percent of the of12 ficers considered in each competitive category,

13 but may not be more than 30 percent of the

14 number of officers considered in each grade’’;

15 and

16 (B) in subparagraph (B), by inserting be17 fore the period the following: ‘‘, except that

18 during the period beginning on October 1,

19 2006, and ending on December 31, 2012, such

20 number may be more than 30 percent of the of21 ficers considered in each competitive category,

22 but may not be more than 30 percent of the

23 number of officers considered in each grade’’.

24 (d) INCREASE IN AMOUNT OF INCENTIVE BONUS

25 FOR TRANSFER BETWEEN ARMED FORCES.—Section
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1 327(d)(1) of title 37, United States Code, is amended by

2 striking ‘‘$2,500’’ and inserting ‘‘$10,000’’.

3 SEC. 619. EXTENSION OF PILOT PROGRAM ON CONTRIBU4 TIONS TO THRIFT SAVINGS PLAN FOR INI5 TIAL ENLISTEES IN THE ARMY.

6 (a) EXTENSION.—Subsection (a) of section 606 of

7 the National Defense Authorization Act for Fiscal Year

8 2006 (Public Law 109–163; 119 Stat. 3287; 37 U.S.C.

9 211 note) is amended by striking ‘‘During fiscal year

10 2006’’ and inserting ‘‘During the period beginning on

11 January 6, 2006, and ending on December 31, 2008’’.

12 (b) REPORT DATE.—Subsection (d)(1) of such sec13 tion is amended by striking ‘‘February 1, 2007’’ and in14 serting ‘‘February 1, 2008’’.

15 SEC. 620. ACCESSION BONUS FOR MEMBERS OF THE

16 ARMED FORCES APPOINTED AS COMMIS17 SIONED OFFICERS AFTER COMPLETING OFFI18 CER CANDIDATE SCHOOL.

19 (a) ACCESSION BONUS AUTHORIZED.—

20 (1) IN GENERAL.—Chapter 5 of title 37, United

21 States Code, is amended by adding at the end the

22 following new section:
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1 ‘‘§ 329. Special pay: accession bonus for officer can2 didates

3 ‘‘(a) ACCESSION BONUS AUTHORIZED.—Under regu4 lations prescribed by the Secretary concerned, a person

5 who, during the period beginning on October 1, 2006, and

6 ending on December 31, 2007, executes a written agree7 ment described in subsection (b) may, upon acceptance of

8 the agreement by the Secretary concerned, be paid an ac9 cession bonus in an amount not to exceed $8,000 deter10 mined by the Secretary concerned.

11 ‘‘(b) AGREEMENT.—A written agreement described

12 in this subsection is a written agreement by a person—

13 ‘‘(1) to complete officer candidate school;

14 ‘‘(2) to accept a commission or appointment as

15 an officer of the armed forces; and

16 ‘‘(3) to serve on active duty as a commissioned

17 officer for a period specified in such agreement.

18 ‘‘(c) PAYMENT METHOD.—Upon acceptance of a

19 written agreement under subsection (a) by the Secretary

20 concerned, the total amount of the accession bonus pay21 able under the agreement becomes fixed. The agreement

22 shall specify whether the accession bonus will be paid in

23 a lump sum or installments.

24 ‘‘(d) REPAYMENT.—A person who, having received all

25 or part of the bonus under a written agreement under sub26 section (a), does not complete the total period of active
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1 duty as a commissioned officer as specified in such agree2 ment shall be subject to the repayment provisions of sec3 tion 303a(e) of this title.’’.

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of chapter 5 of such title is

6 amended by adding at the end the following new

7 item:

‘‘329. Special pay: accession bonus for officer candidates.’’.

8 (3) EFFECTIVE DATE.—The amendments made

9 by this subsection shall take effect on October 1,

10 2006.

11 (b) AUTHORITY FOR PAYMENT OF BONUS UNDER

12 EARLIER AGREEMENTS.—

13 (1) IN GENERAL.—The Secretary of the Army

14 may pay a bonus to a person who, during the period

15 beginning on April 1, 2005, and ending on April 6,

16 2006, executed an agreement to enlist for the pur17 pose of attending officer candidate school and re18 ceive a bonus under section 309 of title 37, United

19 States Code, and who has completed the terms of

20 the agreement required for payment of the bonus.

21 (2) LIMITATION ON AMOUNT.—The amount of

22 the bonus payable to a person under this subsection

23 may not exceed $8,000.

24 (3) CONSTRUCTION WITH ENLISTMENT

25 BONUS.—The bonus payable under this subsection is
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1 in addition to a bonus payable under section 309 of

2 title 37, United States Code, or any other provision

3 of law.

4 SEC. 621. ENHANCEMENT OF BONUS TO ENCOURAGE MEM5 BERS OF THE ARMY TO REFER OTHER PER6 SONS FOR ENLISTMENT IN THE ARMY.

7 (a) INDIVIDUALS ELIGIBLE FOR BONUS.—Subsection

8 (a) of section 645 of the National Defense Authorization

9 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat.

10 3310) is amended—

11 (1) by striking ‘‘The Secretary’’ and inserting

12 the following:

13 ‘‘(1) IN GENERAL.—The Secretary’’;

14 (2) by striking ‘‘a member of the Army, wheth15 er in the regular component of the Army or in the

16 Army National Guard or Army Reserve,’’ and insert17 ing ‘‘an individual referred to in paragraph (2)’’;

18 and

19 (3) by adding at the end the following new

20 paragraph:

21 ‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub22 ject to subsection (c), the following individuals are

23 eligible for a referral bonus under this section:

24 ‘‘(A) A member in the regular component

25 of the Army.
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1 ‘‘(B) A member of the Army National

2 Guard.

3 ‘‘(C) A member of the Army Reserve.

4 ‘‘(D) A member of the Army in a retired

5 status, including a member under 60 years of

6 age who, but for age, would be eligible for re7 tired pay.

8 ‘‘(E) A civilian employee of the Depart9 ment of the Army.’’.

10 (b) AMOUNT OF BONUS.—Subsection (d) of such sec11 tion is amended to read as follows:

12 ‘‘(d) AMOUNT OF BONUS.—The amount of the bonus

13 payable for a referral under subsection (a) may not exceed

14 $2,000. The amount shall be payable in two lump sums

15 as provided in subsection (e).’’.

16 (c) PAYMENT OF BONUS.—Subsection (e) of such

17 section is amended to read as follows:

18 ‘‘(e) PAYMENT.—A bonus payable for a referral of

19 a person under subsection (a) shall be paid as follows:

20 ‘‘(1) Not more than $1,000 shall be paid upon

21 the commencement of basic training by the person

22 referred.

23 ‘‘(2) Not more than $1,000 shall be paid upon

24 the completion of basic training and individual ad25 vanced training by the person referred.’’.
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1 (d) COORDINATION WITH RECEIPT OF RETIRED

2 PAY.—Such section is further amended—

3 (1) by redesignating subsection (g) as sub4 section (h); and

5 (2) by inserting after subsection (f) the fol6 lowing new subsection (g):

7 ‘‘(g) COORDINATION WITH RECEIPT OF RETIRED

8 PAY.—A bonus paid under this section to a member of

9 the Army in a retired status is in addition to any com10 pensation to such member is entitled under title 10, 37,

11 or 38, United States Code, or under any other provision

12 of law.’’.

13 (e) EFFECTIVE DATE.—The amendments made by

14 this section shall take effect on the date of the enactment

15 of this Act, and shall apply with respect to bonuses pay16 able under section 645 of the National Defense Authoriza17 tion Act for Fiscal Year 2006, as amended by this section,

18 on or after that date.
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1 Subtitle C—Travel and

2 Transportation Allowances

3 SEC. 631. EXPANSION OF PAYMENT OF REPLACEMENT

4 VALUE OF PERSONAL PROPERTY DAMAGED

5 DURING TRANSPORT AT GOVERNMENT EX6 PENSE.

7 (a) COVERAGE OF PROPERTY OF CIVILIAN EMPLOY8 EES OF DEPARTMENT OF DEFENSE.—Subsection (a) of

9 section 2636a of title 10, United States Code, is amended

10 by inserting ‘‘or civilian employees of the Department of

11 Defense’’ after ‘‘members of the armed forces’’.

12 (b) REQUIREMENT FOR PAYMENT.—Effective March

13 1, 2008, such subsection is further amended by striking

14 ‘‘may include’’ and inserting ‘‘shall include’’.

15 (c) REQUIREMENT FOR DEDUCTION UPON FAILURE

16 OF CARRIER TO SETTLE.—Subsection (b) of such section

17 is amended by striking ‘‘may be deducted’’ and inserting

18 ‘‘shall be deducted’’.

19 (d) CERTIFICATION ON FAMILIES FIRST PRO20 GRAM.—The Secretary of Defense shall submit to the con21 gressional defense committees a report containing the cer22 tifications of the Secretary on the following matters with

23 respect to the program of the Department of Defense

24 known as ‘‘Families First’’:
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1 (1) Whether there is an alternative to the sys2 tem under the program that would provide equal or

3 greater capability at less cost.

4 (2) Whether the estimates on costs, and the an5 ticipated schedule and performance parameters, for

6 the program and system are reasonable.

7 (3) Whether the management structure for the

8 program is adequate to manage and control program

9 costs.

10 (e) COMPTROLLER GENERAL REPORTS ON FAMILIES

11 FIRST PROGRAM.—

12 (1) REVIEW.—The Comptroller General of the

13 United States shall conduct a review and assessment

14 of the progress of the Department of Defense in im15 plementing the Families First program.

16 (2) ELEMENTS.—In conducting the review and

17 assessment required by paragraph (1), the Comp18 troller General shall—

19 (A) assess the progress of the Department

20 in achieving the goals of the Families First pro21 gram, including progress in the development

22 and deployment of the Defense Personal Prop23 erty System;

24 (B) assess the organization, staffing, re25 sources, and capabilities of the Defense Per-
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1 sonal Property System Project Management Of2 fice established on April 7, 2006;

3 (C) evaluate the growth in cost of the pro4 gram since the previous assessment of the pro5 gram by the Comptroller General, and estimate

6 the current annual cost of the Defense Personal

7 Property System and each component of that

8 system; and

9 (D) assess the feasibility of implementing

10 processes and procedures, pending the satisfac11 tory development of the Defense Personal Prop12 erty System, which would achieve the goals of

13 the program of providing improved personal

14 property management services to members of

15 the Armed Forces.

16 (3) REPORTS.—The Comptroller General shall

17 submit to the Committees on Armed Services of the

18 Senate and the House of Representatives reports as

19 follows:

20 (A) An interim report on the review and

21 assessment required by paragraph (1) not later

22 than December 1, 2006.

23 (B) A final report on the review and as24 sessment by not later than June 1, 2007.
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1 Subtitle D—Retired Pay and

2 Survivor Benefits

3 SEC. 641. MODIFICATION OF DEPARTMENT OF DEFENSE

4 CONTRIBUTIONS TO MILITARY RETIREMENT

5 FUND AND GOVERNMENT CONTRIBUTIONS

6 TO MEDICARE-ELIGIBLE RETIREE HEALTH

7 CARE FUND.

8 (a) DEPARTMENT OF DEFENSE MILITARY RETIRE9 MENT FUND.—

10 (1) DETERMINATION OF CONTRIBUTIONS.—

11 Section 1465 of title 10, United States Code, is

12 amended—

13 (A) in subsection (b)(1)—

14 (i) in subparagraph (A)(ii)—

15 (I) by striking ‘‘(other than ac16 tive duty for training)’’;

17 (II) by striking ‘‘(other than full18 time National Guard duty for training

19 only)’’; and

20 (III) by inserting before the pe21 riod at the end the following: ‘‘, ex22 cept that amounts expected to be paid

23 to members who would be excluded

24 from counting for active-duty end

25 strength purposes by section 115(i) of
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1 this title for duty covered by such sec2 tion shall be excluded’’; and

3 (ii) in subparagraph (B)(ii)—

4 (I) by striking ‘‘Ready Reserve’’

5 and inserting ‘‘Selected Reserve’’; and

6 (II) by striking ‘‘and other than

7 members on full-time National Guard

8 duty other than for training) who

9 are’’ and inserting ‘‘) for duty’’; and

10 (B) in subsection (c)(1)—

11 (i) in subparagraph (A)—

12 (I) by striking ‘‘(other than ac13 tive duty for training)’’;

14 (II) by striking ‘‘(other than full15 time National Guard duty for training

16 only)’’; and

17 (III) by inserting ‘‘other than

18 members who would be excluded from

19 counting for active-duty end strength

20 purposes by section 115(i) of this title

21 for duty covered by such section,’’

22 after ‘‘full-time National Guard

23 duty,’’; and

24 (ii) in subparagraph (B)—
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1 (I) by striking ‘‘Ready Reserve’’

2 and inserting ‘‘Selected Reserve’’; and

3 (II) by striking ‘‘and other than

4 members on full-time National Guard

5 duty other than for training) who

6 are’’ and inserting ‘‘) for duty’’.

7 (2) PAYMENTS.—Section 1466(a) of such title

8 is amended—

9 (A) in paragraph (1)(B)—

10 (i) by striking ‘‘(other than active

11 duty for training)’’;

12 (ii) by striking ‘‘(other than full-time

13 National Guard duty for training only)’’;

14 and

15 (iii) by inserting before the period at

16 the end the following: ‘‘, except that

17 amounts accrued for that month by mem18 bers who would be excluded from counting

19 for active-duty end strength purposes by

20 section 115(i) of this title for duty covered

21 by such section shall be excluded’’; and

22 (B) in paragraph (2)(B)—

23 (i) by striking ‘‘Ready Reserve’’ and

24 inserting ‘‘Selected Reserve’’; and
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1 (ii) by striking ‘‘and other than mem2 bers on full-time National Guard duty

3 other than for training) who are’’ and in4 serting ‘‘) for duty’’.

5 (b) DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE

6 RETIREE HEALTH CARE FUND.—

7 (1) EXCLUSION OF CADETS AND MIDSHIPMEN

8 FROM TREATMENT ON ACTIVE DUTY.—Section

9 1111(b) of such title is amended by adding at the

10 end the following new paragraph:

11 ‘‘(5) The term ‘members of the uniformed serv12 ices on active duty’ does not include a cadet at the

13 United States Military Academy, the United States

14 Air Force Academy, or the United States Coast

15 Guard Academy, or a midshipman at the United

16 States Naval Academy.’’.

17 (2) DETERMINATION OF CONTRIBUTIONS.—

18 Section 1115 of such title is amended—

19 (A) in subsection (b)—

20 (i) in paragraph (1)(B)—

21 (I) by striking ‘‘(other than ac22 tive duty for training)’’;

23 (II) by striking ‘‘(other than full24 time National Guard duty for training

25 only)’’; and
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1 (III) by inserting before the pe2 riod at the end the following: ‘‘, other

3 than members who would be excluded

4 from counting for active-duty end

5 strength purposes by section 115(i) of

6 this title for duty covered by such sec7 tion’’; and

8 (ii) in paragraph (2)(B)—

9 (I) by striking ‘‘Ready Reserve’’

10 and inserting ‘‘Selected Reserve’’; and

11 (II) by striking ‘‘other than

12 members on full-time National Guard

13 duty other than for training)’’; and

14 (B) in subsection (c)(1)—

15 (i) in subparagraph (A)—

16 (I) by striking ‘‘(other than ac17 tive duty for training)’’;

18 (II) by striking ‘‘(other than full19 time National Guard duty for training

20 only)’’; and

21 (III) by inserting before the

22 semicolon the following: ‘‘, other than

23 members who would be excluded from

24 counting for active-duty end strength
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1 purposes by section 115(i) of this title

2 for duty covered by such section’’; and

3 (ii) in subparagraph (B)—

4 (I) by striking ‘‘Ready Reserve’’

5 and inserting ‘‘Selected Reserve’’; and

6 (II) by striking ‘‘(other than

7 members on full-time National Guard

8 duty other than for training)’’.

9 (c) EFFECTIVE DATE.—The amendments made by

10 this section shall take effect on October 1, 2007.

11 SEC. 642. REPEAL OF REQUIREMENT OF REDUCTION OF

12 SBP SURVIVOR ANNUITIES BY DEPENDENCY

13 AND INDEMNITY COMPENSATION.

14 (a) REPEAL.—

15 (1) IN GENERAL.—Subchapter II of chapter 73

16 of title 10, United States Code, is amended as fol17 lows:

18 (A) In section 1450, by striking subsection

19 (c).

20 (B) In section 1451(c)—

21 (i) by striking paragraph (2); and

22 (ii) by redesignating paragraphs (3)

23 and (4) as paragraphs (2) and (3), respec24 tively.
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1 (2) CONFORMING AMENDMENTS.—Such sub2 chapter is further amended as follows:

3 (A) In section 1450—

4 (i) by striking subsection (e); and

5 (ii) by striking subsection (k).

6 (B) In section 1451(g)(1), by striking sub7 paragraph (C).

8 (C) In section 1452—

9 (i) in subsection (f)(2), by striking

10 ‘‘does not apply—’’ and all that follows

11 and inserting ‘‘does not apply in the case

12 of a deduction made through administra13 tive error.’’; and

14 (ii) by striking subsection (g).

15 (D) In section 1455(c), by striking ‘‘,

16 1450(k)(2),’’.

17 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No

18 benefits may be paid to any person for any period before

19 the effective date provided under subsection (e) by reason

20 of the amendments made by subsection (a).

21 (c) RETURN OF SBP PREMIUMS PREVIOUSLY RE22 FUNDED TO SBP RECIPIENTS.—

23 (1) RETURN OF CERTAIN REFUNDED AMOUNTS

24 REQUIRED.—Under regulations prescribed by the

25 Secretary of Defense, a surviving spouse who is or
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1 has been in receipt of an annuity under the Survivor

2 Benefit Plan under subchapter II of chapter 73 of

3 title 10, United States Code, that is in effect before

4 the effective date provided under subsection (e) and

5 that is adjusted by reason of the amendments made

6 by subsection (a) and who has received a refund of

7 retired pay under section 1450(e) of title 10, United

8 States Code (as in effect on the day before the effec9 tive date provided under subsection (e)), shall be re10 quired to repay such refund to the United States.

11 (2) TERMS AND CONDITIONS.—A surviving

12 spouse repaying a refund to the United States under

13 this subsection shall not be required to pay the

14 United States any interest that would otherwise ac15 crue or have accrued on any balance of such refund

16 while such balance remains unpaid to the United

17 States under this subsection. The amount repayable

18 to the United States shall be repayable in a lump

19 sum or over a period of years (not to exceed 10

20 years) agreed to by the surviving spouse or specified

21 by the Secretary of Defense, in the absence of such

22 an agreement.

23 (3) WAIVER OF REPAYMENT.—The Secretary of

24 Defense may waive the repayment of a refund under

25 this subsection if the Secretary determines that—
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1 (A) hardship or other circumstances make

2 repayment of such refund unwarranted;

3 (B) repayment of such refund would other4 wise not be in the best interests of the United

5 States.

6 (d) RECONSIDERATION OF OPTIONAL ANNUITY.—

7 Section 1448(d)(2)(B) of title 10, United States Code, is

8 amended by adding at the end the following new sen9 tences: ‘‘The surviving spouse, however, may elect to ter10 minate an annuity under this subparagraph in accordance

11 with regulations prescribed by the Secretary concerned.

12 Upon such an election, payment of an annuity to depend13 ent children under this subparagraph shall terminate ef14 fective on the first day of the first month that begins after

15 the date on which the Secretary concerned receives notice

16 of the election, and, beginning on that day, an annuity

17 shall be paid to the surviving spouse under paragraph (1)

18 instead.’’.

19 (e) EFFECTIVE DATE.—The amendments made by

20 this section shall take effect on the later of—

21 (1) the first day of the first month that begins

22 after the date of the enactment of this Act; or

23 (2) the first day of the fiscal year that begins

24 in the calendar year in which this Act is enacted.
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1 SEC. 643. EFFECTIVE DATE OF PAID-UP COVERAGE UNDER

2 SURVIVOR BENEFIT PLAN.

3 Section 1452(j) of title 10, United States Code, is

4 amended by striking ‘‘October 1, 2008’’ and inserting

5 ‘‘October 1, 2006’’.

6 SEC. 644. EXPANSION OF CONDITIONS FOR DIRECT PAY7 MENT OF DIVISIBLE RETIRED PAY.

8 (a) REPEAL OF CERTAIN CONDITION.—Section

9 1408(d) of title 10, United States Code, is amended—

10 (1) by striking paragraph (2); and

11 (2) by redesignating paragraphs (3) through

12 (7) as paragraphs (2) through (6), respectively.

13 (b) EFFECTIVE DATE.—

14 (1) IN GENERAL.—The amendments made by

15 subsection (a) shall take effect on the first day of

16 the first month that begins more than 120 days

17 after the date of the enactment of this Act.

18 (2) PROHIBITION ON RETROACTIVE PAY19 MENTS.—No payment may be made under section

20 1408(d) of title 10, United States Code, to or for

21 the benefit of any person covered by paragraph (2)

22 of such section (as in effect on the day before the

23 effective date specified in paragraph (1)) for any pe24 riod before such effective date.
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1 SEC. 645. AUTHORITY FOR COST OF LIVING ADJUSTMENTS

2 OF RETIRED PAY TREATED AS DIVISIBLE

3 PROPERTY.

4 (a) IN GENERAL.—Section 1408 of title 10, United

5 States Code, is amended—

6 (1) by redesignating subsections (i), (j), and (k)

7 as subsections (j), (k), and (l), respectively; and

8 (2) by inserting after subsection (h) the fol9 lowing new subsection (i):

10 ‘‘(i) COST OF LIVING ADJUSTMENTS OF DIVISIBLE

11 PROPERTY.—A court order under subsection (a)(2)(C)

12 may provide for the adjustment of the amount, if ex13 pressed in dollars, payable from the disposable retired pay

14 of a member at the same time and in the same manner

15 as retired pay is adjusted to reflect changes in the Con16 sumer Price Index under section 1401a of this title.’’.

17 (b) EFFECTIVE DATE.—The amendments made by

18 subsection (a) shall take effect on the date of the enact19 ment of this Act, and shall apply with respect to court

20 orders that become effective after the end of the 90-day

21 period beginning on the date of enactment of this Act.

22 SEC. 646. NOTICE AND COPY TO MEMBERS OF COURT OR23 DERS ON PAYMENT OF RETIRED PAY.

24 (a) WAIVER OF NOTICE.—Subsection (g) of section

25 1408 of title 10, United States Code, is amended—

26 (1) by inserting ‘‘(1)’’ before ‘‘A person’’; and
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1 (2) by adding at the end the following new

2 paragraph:

3 ‘‘(2) A member may waive receipt of notice on a court

4 order otherwise required by paragraph (1). The waiver

5 shall take such form and include such requirements as the

6 Secretary concerned may prescribe.’’.

7 (b) COPY OF COURT ORDER UPON REQUEST.—Such

8 subsection is further amended—

9 (1) in paragraph (1), as designated by sub10 section (a)(1) of this section, by striking ‘‘(together

11 with a copy of such order)’’; and

12 (2) by adding at the end the following new

13 paragraph:

14 ‘‘(3) Upon the request of a member, written notice

15 of a court order under paragraph (1) shall include a copy

16 of the court order.’’.

17 (c) EFFECTIVE DATE.—The amendments made by

18 this section shall take effect on the date that is 90 days

19 after the date of the enactment of this Act, and shall apply

20 with respect to court orders received on or after such date.
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1 SEC. 647. RETENTION OF ASSISTIVE TECHNOLOGY AND DE2 VICES BY CERTAIN MEMBERS OF THE ARMED

3 FORCES AFTER SEPARATION FROM SERVICE.

4 (a) RETENTION AUTHORIZED.—Chapter 58 of title

5 10, United States Code, is amended by adding at the end

6 the following new section:

7 ‘‘§ 1154. Retention of assistive technology and devices

8 provided before separation

9 ‘‘(a) IN GENERAL.—Under regulations prescribed by

10 the Secretary of Defense, a member of the armed forces

11 who is provided an assistive technology or assistive tech12 nology device while a member of the armed forces for a

13 severe or debilitating illness or injury incurred or aggra14 vated by such member on active duty may retain such as15 sistive technology or assistive technology device after sepa16 ration from the armed forces.

17 ‘‘(b) DEFINITIONS.—In this section, the terms ‘as18 sistive technology’ and ‘assistive technology device’ have

19 the meaning given such terms in section 3 of the Assistive

20 Technology Act of 1998 (29 U.S.C. 3002).’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of chapter 58 of such title is amended

23 by adding at the end the following new item:

‘‘1154. Retention of assistive technology and devices provided before separation.’’.
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1 SEC. 648. RENAMING OF DEATH GRATUITY PAYABLE FOR

2 DEATHS OF MEMBERS OF THE ARMED

3 FORCES AS FALLEN HERO COMPENSATION.

4 (a) IN GENERAL.—Subchapter II of chapter 75 of

5 title 10, United States Code, is amended as follows:

6 (1) In section 1475(a), by striking ‘‘have a

7 death gratuity paid’’ and inserting ‘‘have fallen hero

8 compensation paid’’.

9 (2) In section 1476(a)—

10 (A) in paragraph (1), by striking ‘‘a death

11 gratuity’’ and inserting ‘‘fallen hero compensa12 tion’’; and

13 (B) in paragraph (2), by striking ‘‘A death

14 gratuity’’ and inserting ‘‘Fallen hero compensa15 tion’’.

16 (3) In section 1477(a), by striking ‘‘A death

17 gratuity’’ and inserting ‘‘Fallen hero compensation’’.

18 (4) In section 1478(a), by striking ‘‘The death

19 gratuity’’ and inserting ‘‘The amount of fallen hero

20 compensation’’.

21 (5) In section 1479(1), by striking ‘‘the death

22 gratuity’’ and inserting ‘‘fallen hero compensation’’.

23 (6) In section 1489—

24 (A) in subsection (a), by striking ‘‘a gra25 tuity’’ in the matter preceding paragraph (1)

26 and inserting ‘‘fallen hero compensation’’; and
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1 (B) in subsection (b)(2), by inserting ‘‘or

2 other assistance’’ after ‘‘lesser death gratuity’’.

3 (b) CLERICAL AMENDMENTS.—

4 (1) HEADING AMENDMENTS.—Such subchapter

5 is further amended by striking ‘‘Death Gra6 tuity:’’ each place it appears in the heading of sec7 tions 1475 through 1480 and 1489 and inserting

8 ‘‘Fallen Hero Compensation:’’.

9 (2) TABLE OF SECTIONS.—The table of sections

10 at the beginning of such subchapter is amended by

11 striking ‘‘Death gratuity:’’ in the items relating to

12 sections 1474 through 1480 and 1489 and inserting

13 ‘‘Fallen hero compensation:’’.

14 (c) GENERAL REFERENCES.—Any reference to a

15 death gratuity payable under subchapter II of chapter 75

16 of title 10, United States Code, in any law, regulation,

17 document, paper, or other record of the United States

18 shall be deemed to be a reference to fallen hero compensa19 tion payable under such subchapter, as amended by this

20 section.
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1 SEC. 649. EFFECTIVE DATE OF TERMINATION OF PHASE-IN

2 OF CONCURRENT RECEIPT FOR VETERANS

3 WITH SERVICE-CONNECTED DISABILITIES

4 RATED AS TOTAL BY VIRTUE OF

5 UNEMPLOYABILITY.

6 (a) IN GENERAL.—Section 1414(a)(1) of title 10,

7 United States Code, is amended by striking ‘‘100 percent’’

8 the first place it appears and all that follows and inserting

9 ‘‘100 percent and in the case of a qualified retiree receiv10 ing veterans’ disability compensation at the rate payable

11 for a 100 percent disability by reason of a determination

12 of individual unemployability, payment of retired pay to

13 such veteran is subject to subsection (c) only during the

14 period beginning on January 1, 2004, and ending on De15 cember 31, 2004.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall take effect on December 31, 2004.

18 SEC. 650. DETERMINATION OF RETIRED PAY BASE OF GEN19 ERAL AND FLAG OFFICERS BASED ON RATES

20 OF BASIC PAY PROVIDED BY LAW.

21 (a) DETERMINATION OF RETIRED PAY BASE.—

22 (1) IN GENERAL.—Chapter 71 of title 10,

23 United States Code, is amended by inserting after

24 section 1407 the following new section:
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1 ‘‘§ 1407a. Retired pay base: members who were gen2 eral or flag officers

3 ‘‘Notwithstanding any other provision of law, if the

4 determination of the retired pay base or retainer pay base

5 under section 1406 or 1407 of this title with respect to

6 a person who was a commissioned officer in pay grades

7 O–7 through O–10 involves a rate or rates of basic pay

8 that were subject to a reduction under section 203(a)(2)

9 of title 37, such determination shall be made utilizing such

10 rate or rates of basic pay in effect as provided by law rath11 er than such rate or rates as so reduced under section

12 203(a)(2) of title 37.’’.

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions for chapter 71 of such title is amended by in15 serting after the item relating to section 1407 the

16 following new item:

‘‘1407a. Retired pay base: members who were general or flag officers.’’.

17 (b) EFFECTIVE DATE.—The amendments made by

18 subsection (a) shall take effect on October 1, 2006, and

19 shall apply with respect to the computation of retired pay

20 for members of the Armed Forces who retire on or after

21 that date.
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1 SEC. 651. INAPPLICABILITY OF RETIRED PAY MULTIPLIER

2 MAXIMUM PERCENTAGE TO SERVICE OF

3 MEMBERS OF THE ARMED FORCES IN EXCESS

4 OF 30 YEARS.

5 (a) IN GENERAL.—Paragraph (3) of section 1409(b)

6 of title 10, United States Code, is amended to read as

7 follows:

8 ‘‘(3) 30 YEARS OF SERVICE.—

9 ‘‘(A) RETIREMENT BEFORE JANUARY 1,

10 2007.—In the case of a member who retires be11 fore January 1, 2007, with more than 30 years

12 of creditable service, the percentage to be used

13 under subsection (a) is 75 percent.

14 ‘‘(B) RETIREMENT AFTER DECEMBER 31,

15 2006.—In the case of a member who retires

16 after December 31, 2006, with more than 30

17 years of creditable service, the percentage to be

18 used under subsection (a) is the sum of—

19 ‘‘(i) 75 percent; and

20 ‘‘(ii) the product (stated as a percent21 age) of—

‘‘(I) 21 22 ⁄2; and

23 ‘‘(II) the member’s years of cred24 itable service (as defined in subsection

25 (c)) in excess of 30 years of creditable

26 service in any service, regardless of
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1 when served, under conditions author2 ized for purposes of this subparagraph

3 during a period designated by the Sec4 retary of Defense for purposes of this

5 subparagraph.’’.

6 (b) RETIRED PAY FOR NON-REGULAR SERVICE.—

7 Section 12739(c) of such title is amended—

8 (1) by striking ‘‘The total amount’’ and insert9 ing ‘‘(1) Except as provided in paragraph (2), the

10 total amount’’; and

11 (2) by adding at the end the following new

12 paragraph:

13 ‘‘(2) In the case of a person who retires after Decem14 ber 31, 2006, with more than 30 years of service credited

15 to that person under section 12733 of this title, the total

16 amount of the monthly retired pay computed under sub17 sections (a) and (b) may not exceed the sum of—

18 ‘‘(A) 75 percent of the retired pay base upon

19 which the computation is based; and

20 ‘‘(B) the product of—

21 ‘‘(i) the retired pay base upon which the

22 computation is based; and

‘‘(ii) 21 23 ⁄2 percent of the years of service

24 credited to that person under section 12733 of

25 this title for service, regardless of when served,
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1 under conditions authorized for purposes of this

2 paragraph during a period designated by the

3 Secretary of Defense for purposes of this para4 graph.’’.

5 SEC. 652. MODIFICATION OF ELIGIBILITY FOR COMMENCE6 MENT OF AUTHORITY FOR OPTIONAL ANNU7 ITIES FOR DEPENDENTS UNDER THE SUR8 VIVOR BENEFIT PLAN.

9 (a) IN GENERAL.—Section 1448(d)(2)(B) of title 10,

10 United States Code, is amended by striking ‘‘who dies

11 after November 23, 2003’’ and inserting ‘‘who dies after

12 October 7, 2001’’.

13 (b) APPLICABILITY.—Any annuity payable to a de14 pendent child under subchapter II of chapter 73 of title

15 10, United States Code, by reason of the amendment

16 made by subsection (a) shall be payable only for months

17 beginning on or after the date of the enactment of this

18 Act.

19 SEC. 653. COMMENCEMENT OF RECEIPT OF NON-REGULAR

20 SERVICE RETIRED PAY BY MEMBERS OF THE

21 READY RESERVE ON ACTIVE FEDERAL STA22 TUS OR ACTIVE DUTY FOR SIGNIFICANT PE23 RIODS.

24 (a) REDUCED ELIGIBILITY AGE.—Section 12731 of

25 title 10, United States Code, is amended—
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1 (1) in subsection (a), by striking paragraph (1)

2 and inserting the following:

3 ‘‘(1) has attained the eligibility age applicable

4 under subsection (f) to that person;’’; and

5 (2) by adding at the end the following new sub6 section:

7 ‘‘(f)(1) Subject to paragraph (2), the eligibility age

8 for purposes of subsection (a)(1) is 60 years of age.

9 ‘‘(2)(A) In the case of a person who as a member

10 of the Ready Reserve serves on active duty or performs

11 active service described in subparagraph (B) after Sep12 tember 11, 2001, the eligibility age for purposes of sub13 section (a)(1) shall be reduced below 60 years of age by

14 three months for each aggregate of 90 days on which such

15 person so performs in any fiscal year after such date, sub16 ject to subparagraph (C). A day of duty may be included

17 in only one aggregate of 90 days for purposes of this sub18 paragraph.

19 ‘‘(B)(i) Service on active duty described in this sub20 paragraph is service on active duty pursuant to a call or

21 order to active duty under a provision of law referred to

22 in section 101(a)(13)(B) of this title or under section

23 12301(d) of this title. Such service does not include service

24 on active duty pursuant to a call or order to active duty

25 under section 12310 of this title.
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1 ‘‘(ii) Active service described in this subparagraph is

2 service under a call to active service authorized by the

3 President or the Secretary of Defense under section 502(f)

4 of title 32 for purposes of responding to a national emer5 gency declared by the President or supported by Federal

6 funds.

7 ‘‘(C) The eligibility age for purposes of subsection

8 (a)(1) may not be reduced below 50 years of age for any

9 person under subparagraph (A).’’.

10 (b) CONTINUATION OF AGE 60 AS MINIMUM AGE

11 FOR ELIGIBILITY OF NON-REGULAR SERVICE RETIREES

12 FOR HEALTH CARE.—Section 1074(b) of such title is

13 amended—

14 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

15 (2) by adding at the end the following new

16 paragraph:

17 ‘‘(2) Paragraph (1) does not apply to a member or

18 former member entitled to retired pay for non-regular

19 service under chapter 1223 of this title who is under 60

20 years of age.’’.

21 (c) ADMINISTRATION OF RELATED PROVISIONS OF

22 LAW OR POLICY.—With respect to any provision of law,

23 or of any policy, regulation, or directive of the executive

24 branch that refers to a member or former member of the

25 uniformed services as being eligible for, or entitled to, re-
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1 tired pay under chapter 1223 of title 10, United States

2 Code, but for the fact that the member or former member

3 is under 60 years of age, such provision shall be carried

4 out with respect to that member or former member by

5 substituting for the reference to being 60 years of age a

6 reference to having attained the eligibility age applicable

7 under subsection (f) of section 12731 of title 10, United

8 States Code (as added by subsection (a)), to such member

9 or former member for qualification for such retired pay

10 under subsection (a) of such section.

11 (d) EFFECTIVE DATE AND APPLICABILITY.—The

12 amendment made by subsection (a) shall take effect as

13 of September 11, 2001, and shall apply with respect to

14 applications for retired pay that are submitted under sec15 tion 12731(a) of title 10, United States Code, on or after

16 the date of the enactment of this Act.

17 Subtitle E—Other Matters

18 SEC. 661. AUDIT OF PAY ACCOUNTS OF MEMBERS OF THE

19 ARMY EVACUATED FROM A COMBAT ZONE

20 FOR INPATIENT CARE.

21 (a) AUDIT REQUIRED.—

22 (1) IN GENERAL.—The Secretary of the Army

23 shall conduct a complete audit of the pay accounts

24 of each member of the Army wounded or injured in

25 a combat zone who was evacuated from a theater of
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1 operations for inpatient care during the period be2 ginning on May 1, 2005, and ending on April 30,

3 2006.

4 (2) REPORT.—Not later than 120 days after

5 the date of the enactment of this Act, the Secretary

6 shall submit to the congressional defense committees

7 a report on the audit conducted under paragraph

8 (1).

9 (3) REPORT ELEMENTS.—The report under

10 paragraph (2) shall include the following:

11 (A) A list of each member of the Army de12 scribed in paragraph (1) identified (in a man13 ner that protects the privacy of members so

14 listed) by—

15 (i) date of wound or injury on which

16 inclusion of such member on the list is

17 based; and

18 (ii) grade and unit designation as of

19 such date.

20 (B) For each member so listed, a state21 ment of any underpayment of each of any pay,

22 allowance, or other monetary benefit to which

23 such member was entitled during the period be24 ginning on the date of such wound or injury

25 and ending on April 30, 2006, including basic
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1 pay, hazardous duty pay, imminent danger pay,

2 basic allowance for housing, basic allowance for

3 subsistence, any family separation allowance,

4 any tax exclusion for combat duty, and any

5 other pay, allowance, or monetary benefit to

6 which such member was entitled during such

7 period.

8 (C) For each member so listed, a state9 ment of any disbursements made to correct un10 derpayments made to such member as identified

11 under subparagraph (B).

12 (D) For each member so listed, a state13 ment of any debts to the United States col14 lected or pending collection from such member.

15 (E) For each member so listed, a state16 ment of any reimbursements or debt relief

17 granted to such member for a debt identified

18 under subparagraph (D).

19 (F) For each member so listed who has ap20 plied to the United States for a relief of debt—

21 (i) a description of the nature of the

22 debt for which relief was applied; and

23 (ii) a description of the disposition of

24 the application, including, if granted, the
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1 date of disbursement for relief granted,

2 and, if denied, the reasons for the denial.

3 (G) For each member so listed, a report of

4 any referral of such member to a collection or

5 credit agency.

6 (4) FORM.—The report under paragraph (2)

7 shall be in unclassified form, but may include a clas8 sified annex.

9 (b) ASSISTANCE WITH PAY OR ACCOUNT DIFFICUL10 TIES.—

11 (1) CALL ASSISTANCE CENTER.—Not later than

12 60 days after the date of the enactment of this Act,

13 the Secretary of Defense shall establish within the

14 Department of Defense an assistance center, acces15 sible by toll-free telephone call, through which a cov16 ered member of the Armed Forces, or the primary

17 next of kin of such a member in the case of such

18 a member who dies, may secure assistance in resolv19 ing difficulties relating to the military pay or ac20 counts of such member.

21 (2) REQUESTS FOR ASSISTANCE.—A request for

22 assistance under paragraph (1) may be made—

23 (A) by a covered member of the Armed

24 Forces; or
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1 (B) by the primary next of kin on behalf

2 of, or with respect to, a covered member of the

3 Armed Forces.

4 (3) RESPONSE TO REQUESTS FOR ASSIST5 ANCE.—The Secretary shall ensure that, in pro6 viding assistance under paragraph (1) to a covered

7 member of the Armed Forces or next of kin of such

8 a member, personnel of the assistance center estab9 lished under that paragraph—

10 (A) provide an initial response to the re11 quest for assistance under paragraph (2) not

12 later than 10 days after receipt of such request;

13 and

14 (B) provide a final response to the request

15 for assistance under that paragraph not later

16 than 30 days after receipt of such request.

17 (4) COVERED MEMBER OF THE ARMED FORCES

18 DEFINED.—In this subsection, the term ‘‘covered

19 member of the Armed Forces’’ means a member of

20 the Armed Forces wounded or injured in a combat

21 zone who is evacuated from a theater of operations

22 for inpatient care.

23 SEC. 662. PILOT PROGRAM ON TROOPS TO NURSE TEACH24 ERS.

25 (a) PILOT PROGRAM REQUIRED.—
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1 (1) IN GENERAL.—The Secretary of Defense

2 shall, in coordination with the Secretary of Health

3 and Human Services and the Secretary of Edu4 cation, conduct a pilot program to assess the feasi5 bility and potential benefits of a program to—

6 (A) assist nurse corps officers described in

7 subsection (c) in achieving necessary qualifica8 tions to become nurse educators and in securing

9 employment as nurse educators at accredited

10 schools of nursing;

11 (B) provide scholarships to nurse corps of12 ficers described in subsection (c) in return for

13 continuing service in the Selected Reserve or

14 other forms of public service; and

15 (C) help alleviate the national shortage of

16 nurse educators and registered nurses.

17 (2) DURATION.—Except as provided in sub18 section (h), the pilot program shall be conducted

19 during the period beginning on January 1, 2007,

20 and ending on December 31, 2012. A nurse corps

21 officer may not enter into an agreement to partici22 pate in the pilot program after December 31, 2012.

23 (3) REGULATIONS.—The pilot program shall be

24 conducted under regulations prescribed by the Sec25 retary of Defense in consultation with the Secretary
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1 of Health and Human Services and the Secretary of

2 Education.

3 (b) DESIGNATION.—The pilot program required by

4 subsection (a) shall be known as the ‘‘Troops to Nurse

5 Teachers Pilot Program’’ (in this section referred to as

6 the ‘‘Program’’).

7 (c) NURSE CORPS OFFICERS.—A nurse corps officer

8 described in this subsection is any commissioned officer

9 of the Armed Forces qualified and designated as an officer

10 in a Nurse Corps of the Armed Forces who is—

11 (1) serving in a reserve component of the

12 Armed Forces;

13 (2) honorably discharged from the Armed

14 Forces; or

15 (3) a retired member of the Armed Forces.

16 (d) SELECTION OF PARTICIPANTS IN PROGRAM.—

17 (1) APPLICATION.—An eligible nurse corps offi18 cer seeking to participate in the Program shall sub19 mit to the Secretary of Defense an application there20 for. The application shall be in such form, and con21 tain such information, as the Secretary may require.

22 (2) SELECTION.—The Secretary shall select

23 participants in the Program from among qualified

24 nurse corps officers submitting applications therefor

25 under paragraph (1).
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1 (e) PARTICIPANT AGREEMENT.—

2 (1) IN GENERAL.—A nurse corps officer se3 lected under subsection (d) to participate in the Pro4 gram shall enter into an agreement with the Sec5 retary of Defense relating to participation in the

6 Program.

7 (2) ELEMENTS.—The agreement of a nurse

8 corps officer under the program shall, at the election

9 of the Secretary for purposes of the Program and as

10 appropriate with respect to that status of such nurse

11 corps officer—

12 (A) require such nurse corps officer, within

13 such time as the Secretary may require, to ac14 cept an offer of full-time employment as a

15 nurse educator from an accredited school of

16 nursing for a period of not less than one year;

17 or

18 (B) require such nurse corps officer—

19 (i) within such time as the Secretary

20 may require, to successfully complete a

21 program leading to a master’s degree or

22 doctoral degree in a nursing field from an

23 accredited school of nursing or to a doc24 toral degree in a related field from an ac25 credited institution of higher education;
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1 (ii) to serve in the Selected Reserve or

2 some other form of public service under

3 terms and conditions established by the

4 Secretary; and

5 (iii) upon completion of such program

6 and service, to accept an offer of full-time

7 employment as a nurse educator from an

8 accredited school of nursing for a period of

9 not less than 3 years.

10 (f) ASSISTANCE.—

11 (1) TRANSITION ASSISTANCE.—The Secretary

12 of Defense may provide a participant in the Pro13 gram who enters into an agreement described in

14 subsection (e)(2)(A) assistance as follows:

15 (A) Career placement assistance in secur16 ing full-time employment as a nurse educator at

17 an accredited school of nursing.

18 (B) A stipend in an amount not to exceed

19 $5,000 for transition to employment referred to

20 in paragraph (1), and for educational training

21 for such employment, for a period not to exceed

22 two years after entry by such participant into

23 an agreement under subsection (e).

24 (2) SCHOLARSHIP ASSISTANCE.—The Secretary

25 of Defense may provide a participant in the Pro-
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1 gram who enters into an agreement described in

2 subsection (e)(2)(B) scholarship assistance to pursue

3 a degree described in subsection (e)(2)(B)(i) in an

4 amount not to exceed $30,000 annually for a period

5 of not more than four years.

6 (g) TREATMENT OF ASSISTANCE.—A stipend or

7 scholarship provided under subsection (f) shall not be

8 taken into account in determining the eligibility of a par9 ticipant in the Program for Federal student financial as10 sistance provided under title IV of the Higher Education

11 Act of 1965 (20 U.S.C. 1070 et seq.).

12 (h) ADMINISTRATION AFTER INITIAL PERIOD.—

13 (1) IN GENERAL.—The termination of the Pro14 gram on December 31, 2012, under subsection

15 (a)(2) shall not terminate the entitlement to assist16 ance under the Program of any nurse corps officer

17 entering into an agreement to participate in the Pro18 gram under subsection (e) that continues in force

19 after that date.

20 (2) ADMINISTRATION.—The Secretary of Edu21 cation shall undertake any administration of the

22 Program that is required after December 31, 2012,

23 including responsibility for any funding necessary to

24 provide assistance under the Program after that

25 date.
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1 (i) REPORT.—

2 (1) IN GENERAL.—Not later than three years

3 after the commencement of the Program, the Sec4 retary of Defense shall, in consultation with the Sec5 retary of Health and Human Services and the Sec6 retary of Education, submit to Congress a report on

7 the Program.

8 (2) ELEMENTS.—The report shall—

9 (A) describe the activities undertaken

10 under the Program; and

11 (B) include an assessment of the effective12 ness of the Program in—

13 (i) facilitating the development of

14 nurse educators;

15 (ii) encouraging service in the Se16 lected Reserve and other forms of public

17 service; and

18 (iii) helping alleviate the national

19 shortage of nurse educators and registered

20 nurses.

21 (j) DEFINITIONS.—In this section:

22 (1) NURSE EDUCATOR.—The term ‘‘nurse edu23 cator’’ means a registered nurse who—

24 (A) is a member of the nursing faculty at

25 an accredited school of nursing;
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1 (B) holds a graduate degree in nursing

2 from an accredited school of nursing or a doc3 toral degree in a related field from an accred4 ited institution of higher education;

5 (C) holds a valid, unrestricted license to

6 practice nursing from a State; and

7 (D) has successfully completed additional

8 course work in education and demonstrates

9 competency in an advanced practice area of

10 nursing.

11 (2) SCHOOL OF NURSING.—The term ‘‘school of

12 nursing’’ means a school of nursing (as that term is

13 defined in section 801 of the Public Health Service

14 Act (42 U.S.C. 296)) that is accredited (as that

15 term is defined in section 801(6) of the Public

16 Health Service Act).

17 (k) FUNDING.—From amounts authorized to be ap18 propriated for the Department of Defense, $5,000,000

19 may be available for the Program.

20 SEC. 663. EXPANSION AND ENHANCEMENT OF AUTHORITY

21 TO REMIT OR CANCEL INDEBTEDNESS OF

22 MEMBERS OF THE ARMED FORCES.

23 (a) MEMBERS OF THE ARMY.—

24 (1) COVERAGE OF ALL MEMBERS AND FORMER

25 MEMBERS.—Subsection (a) of section 4837 of title
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1 10, United States Code, is amended by striking ‘‘a

2 member of the Army’’ and all that follows through

3 ‘‘in an active status’’ and inserting ‘‘a member of

4 the Army (including a member on active duty or a

5 member of a reserve component in an active status),

6 a retired member of the Army, or a former member

7 of the Army’’.

8 (2) TIME FOR EXERCISE OF AUTHORITY.—Sub9 section (b) of such section is amended—

10 (A) in paragraph (1), by adding ‘‘or’’ at

11 the end; and

12 (B) by striking paragraphs (2) and (3) and

13 inserting the following new paragraph (2):

14 ‘‘(2) in the case of any other member of the

15 Army covered by subsection (a), during such period

16 or periods as the Secretary of Defense may provide

17 in regulations prescribed by the Secretary of De18 fense.’’.

19 (3) REPEAL OF TERMINATION OF MODIFIED

20 AUTHORITY.—Paragraph (3) of section 683(a) of

21 the National Defense Authorization Act for Fiscal

22 Year 2006 (Public Law 109–163; 119 Stat. 3322;

23 10 U.S.C. 4837 note) is repealed.

24 (b) MEMBERS OF THE NAVY.—
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1 (1) COVERAGE OF ALL MEMBERS AND FORMER

2 MEMBERS.—Section 6161 of title 10, United States

3 Code, is amended by striking ‘‘a member of the

4 Navy’’ and all that follows through ‘‘in an active sta5 tus’’ and inserting ‘‘a member of the Navy (includ6 ing a member on active duty or a member of a re7 serve component in an active status), a retired mem8 ber of the Navy , or a former member of the Navy’’.

9 (2) TIME FOR EXERCISE OF AUTHORITY.—Sub10 section (b) of such section is amended—

11 (A) in paragraph (1), by adding ‘‘or’’ at

12 the end; and

13 (B) by striking paragraphs (2) and (3) and

14 inserting the following new paragraph (2):

15 ‘‘(2) in the case of any other member of the

16 Navy covered by subsection (a), during such period

17 or periods as the Secretary of Defense may provide

18 in regulations prescribed by the Secretary of De19 fense.’’.

20 (3) REPEAL OF TERMINATION OF MODIFIED

21 AUTHORITY.—Paragraph (3) of section 683(b) of

22 the National Defense Authorization Act for Fiscal

23 Year 2006 (119 Stat. 3323; 10 U.S.C. 6161 note)

24 is repealed.

25 (c) MEMBERS OF THE AIR FORCE.—
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1 (1) COVERAGE OF ALL MEMBERS AND FORMER

2 MEMBERS.—Subsection (a) of section 4837 of title

3 10, United States Code, is amended by striking ‘‘a

4 member of the Air Force’’ and all that follows

5 through ‘‘in an active status’’ and inserting ‘‘a mem6 ber of the Air Force (including a member on active

7 duty or a member of a reserve component in an ac8 tive status), a retired member of the Air Force, or

9 a former member of the Air Force’’.

10 (2) TIME FOR EXERCISE OF AUTHORITY.—Sub11 section (b) of such section is amended—

12 (A) in paragraph (1), by adding ‘‘or’’ at

13 the end; and

14 (B) by striking paragraphs (2) and (3) and

15 inserting the following new paragraph (2):

16 ‘‘(2) in the case of any other member of the Air

17 Force covered by subsection (a), during such period

18 or periods as the Secretary of Defense may provide

19 in regulations prescribed by the Secretary of De20 fense.’’.

21 (3) REPEAL OF TERMINATION OF MODIFIED

22 AUTHORITY.—Paragraph (3) of section 683(c) of the

23 National Defense Authorization Act for Fiscal Year

24 2006 (119 Stat. 3324; 10 U.S.C. 9837 note) is re25 pealed.
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1 (d) DEADLINE FOR REGULATIONS.—The Secretary

2 of Defense shall prescribe the regulations required for pur3 poses of sections 4837, 6161, and 9837 of title 10, United

4 States Code, as amended by this section, not later than

5 March 1, 2007.

6 SEC. 664. EXCEPTION FOR NOTICE TO CONSUMER REPORT7 ING AGENCIES REGARDING DEBTS OR ERRO8 NEOUS PAYMENTS PENDING A DECISION TO

9 WAIVE, REMIT, OR CANCEL.

10 (a) EXCEPTION.—Section 2780(b) of title 10, United

11 States Code, is amended—

12 (1) by striking ‘‘The Secretary’’ and inserting

13 ‘‘(1) Except as provided in paragraph (2), the Sec14 retary’’; and

15 (2) by adding at the end the following new

16 paragraph:

17 ‘‘(2) No disclosure shall be made under paragraph

18 (1) with respect to an indebtedness while a decision re19 garding waiver of collection is pending under section 2774

20 of this title, or a decision regarding remission or cancella21 tion is pending under section 4837, 6161, or 9837 of this

22 title, unless the Secretary concerned (as defined in section

23 101(5) of title 37), or the designee of such Secretary, de24 termines that disclosure under that paragraph pending
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1 such decision is in the best interests of the United

2 States.’’.

3 (b) EFFECTIVE DATE.—

4 (1) IN GENERAL.—The amendments made by

5 this section shall take effect on March 1, 2007.

6 (2) APPLICATION TO PRIOR ACTIONS.—Para7 graph (2) of section 2780(b) of title 10, United

8 States Code (as added by subsection (a)), shall not

9 be construed to apply to or invalidate any action

10 taken under such section before March 1, 2007.

11 (c) REPORT.—Not later than March 1, 2007, the

12 Secretary of Defense shall submit to the congressional de13 fense committees a report on the exercise of the authority

14 in section 2780(b) of title 10, United States Code,

15 including—

16 (1) the total number of members of the Armed

17 Forces who have been reported to consumer report18 ing agencies under such section;

19 (2) the circumstances under which such author20 ity has been exercised, or waived (as provided in

21 paragraph (2) of such section (as amended by sub22 section (a))), and by whom;

23 (3) the cost of contracts for collection services

24 to recover indebtedness owed to the United States

25 that is delinquent;
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1 (4) an evaluation of whether or not such con2 tracts, and the practice of reporting military debtors

3 to collection agencies, has been effective in reducing

4 indebtedness to the United States; and

5 (5) such recommendations as the Secretary con6 siders appropriate regarding the continuing use of

7 such authority with respect to members of the

8 Armed Forces.

9 SEC. 665. ENHANCEMENT OF AUTHORITY TO WAIVE CLAIMS

10 FOR OVERPAYMENT OF PAY AND ALLOW11 ANCES.

12 (a) CLARIFICATION OF PAY AND ALLOWANCES.—

13 Subsection (a) of section 2774 of title 10, United States

14 Code, is amended in the matter preceding paragraph (1)

15 by inserting ‘‘(including any bonus or special or incentive

16 pay)’’ after ‘‘pay or allowances’’.

17 (b) WAIVER BY SECRETARIES CONCERNED.—Para18 graph (2) of such subsection is amended—

19 (1) in the matter preceding subparagraph (A),

20 by inserting ‘‘or the designee of such Secretary’’

21 after ‘‘title 37,’’; and

22 (2) in subparagraph (A), by striking ‘‘$1,500’’

23 and inserting ‘‘$10,000’’.
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1 (c) TIME FOR WAIVER.—Subsection (b)(2) of such

2 section is amended by striking ‘‘three years’’ and inserting

3 ‘‘five years’’.

4 (d) EFFECTIVE DATE.—The amendments made by

5 this section shall take effect on March 1, 2007.

6 (e) DEADLINE FOR REVISED STANDARDS.—The Di7 rector of the Office of Management and Budget and the

8 Secretary of Defense shall prescribe any modifications to

9 the standards under section 2774 of title 10, United

10 States Code, that are required or authorized by reason of

11 the amendments made by this section not later than

12 March 1, 2007.

13 SEC. 666. TERMS OF CONSUMER CREDIT EXTENDED TO

14 SERVICEMEMBER OR SERVICEMEMBER’S DE15 PENDENT.

16 (a) TERMS OF CONSUMER CREDIT.—Title II of the

17 Servicemembers Civil Relief Act (50 U.S.C. App. 521 et

18 seq.) is amended by adding at the end the following new

19 section:

20 ‘‘SEC. 208. TERMS OF CONSUMER CREDIT.

21 ‘‘(a) INTEREST.—A creditor who extends consumer

22 credit to a servicemember or a servicemember’s dependent

23 shall not require the servicemember or the

24 servicemember’s dependent to pay interest with respect to

25 the extension of such credit, except as—
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1 ‘‘(1) agreed to under the terms of the credit

2 agreement or promissory note;

3 ‘‘(2) authorized by applicable State or Federal

4 law; and

5 ‘‘(3) not specifically prohibited by this section.

6 ‘‘(b) ANNUAL PERCENTAGE RATE.—A creditor de7 scribed in subsection (a) shall not impose an annual per8 centage rate greater than 36 percent with respect to the

9 consumer credit extended to a servicemember or a

10 servicemember’s dependent.

11 ‘‘(c) MANDATORY LOAN DISCLOSURES.—

12 ‘‘(1) INFORMATION REQUIRED.—With respect

13 to any extension of consumer credit to a

14 servicemember or a servicemember’s dependent, a

15 creditor shall provide to the servicemember or the

16 servicemember’s dependent the following information

17 in writing, at or before the issuance of the credit:

18 ‘‘(A) A statement of the annual percentage

19 rate applicable to the extension of credit.

20 ‘‘(B) Any disclosures required under the

21 Truth in Lending Act (15 U.S.C. 1601 et seq.).

22 ‘‘(C) A clear description of the payment

23 obligations of the servicemember or the

24 servicemember’s dependent, as applicable.
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1 ‘‘(2) TERMS.—Such disclosures shall be pre2 sented in accordance with terms prescribed by the

3 regulations issued by the Board of Governors of the

4 Federal Reserve System to implement the Truth in

5 Lending Act (15 U.S.C. 1601 et seq.).

6 ‘‘(d) LIMITATION.—A creditor described in sub7 section (a) shall not automatically renew, repay, refinance,

8 or consolidate with the proceeds of other credit extended

9 by the same creditor any consumer credit extended to a

10 servicemember or a servicemember’s dependent without—

11 ‘‘(1) executing new loan documentation signed

12 by the servicemember or the servicemember’s de13 pendent, as applicable; and

14 ‘‘(2) providing the loan disclosures described in

15 subsection (c) to the servicemember or the

16 servicemember’s dependent.

17 ‘‘(e) PREEMPTION.—Except as provided in subsection

18 (f)(2), this section preempts any State or Federal law,

19 rule, or regulation, including any State usury law, to the

20 extent that such laws, rules, or regulations are incon21 sistent with this section, except that this section shall not

22 preempt any such law, rule, or regulation that provides

23 additional protection to a servicemember or a

24 servicemember’s dependent.

25 ‘‘(f) PENALTIES.—
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1 ‘‘(1) MISDEMEANOR.—Any creditor who know2 ingly violates this section shall be fined as provided

3 in title 18, United States Code, or imprisoned for

4 not more than one year, or both.

5 ‘‘(2) PRESERVATION OF OTHER REMEDIES.—

6 The remedies and rights provided under this section

7 are in addition to and do not preclude any remedy

8 otherwise available under law to the person claiming

9 relief under this section, including any award for

10 consequential and punitive damages.

11 ‘‘(g) DEFINITION.—For purposes of this section, the

12 term ‘interest’ includes service charges, renewal charges,

13 fees, or any other charges (except bona fide insurance)

14 with respect to the extension of consumer credit.’’.

15 (b) CLERICAL AMENDMENT.—The table of contents

16 of the Servicemembers Civil Relief Act (50 U.S.C. App.

17 501) is amended by inserting after the item relating to

18 section 207 the following new item:

‘‘Sec. 208. Terms of consumer credit’’.

19 SEC. 667. JOINT FAMILY SUPPORT ASSISTANCE PROGRAM.

20 (a) PROGRAM REQUIRED.—The Secretary of Defense

21 shall carry out a joint family support assistance program

22 for the purpose of providing assistance to families of mem23 bers of the Armed Forces.

24 (b) LOCATIONS.—
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1 (1) IN GENERAL.—The Secretary shall carry

2 out the program for at least six regions of the coun3 try through sites established by the Secretary for

4 purposes of the program in such regions.

5 (2) LOCATION OF CERTAIN SITES.—At least

6 three of the sites established under paragraph (1)

7 shall be located in an area that it geographically iso8 lated from military installations.

9 (c) FUNCTIONS.—The Secretary shall provide assist10 ance to families of the members of the Armed Forces

11 under the program by providing at each site established

12 for purposes of the program under subsection (b) the fol13 lowing:

14 (1) Financial, material, and other assistance to

15 families of members of the Armed Forces.

16 (2) Mobile support services to families of mem17 bers of the Armed Forces.

18 (3) Sponsorship of volunteers and family sup19 port professionals for the delivery of support services

20 to families of members of the Armed Forces.

21 (4) Coordination of family assistance programs

22 and activities provided by Military OneSource, Mili23 tary Family Life Consultants, counselors, the De24 partment of Defense, other departments and agen-
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1 cies of the Federal Government, State and local

2 agencies, and non-profit entities.

3 (5) Facilitation of discussion on military family

4 assistance programs, activities, and initiatives be5 tween and among the organizations, agencies, and

6 entities referred to in paragraph (4).

7 (d) RESOURCES.—

8 (1) IN GENERAL.—The Secretary shall provide

9 personnel and other resources necessary for the im10 plementation and operation of the program at each

11 site established under subsection (b).

12 (2) ACCEPTANCE OF CERTAIN SERVICES.—In

13 providing resources under paragraph (1), the Sec14 retary may accept and utilize the services of non15 Federal Government volunteers and non-profit enti16 ties.

17 (e) PROCEDURES.—The Secretary shall establish pro18 cedures for the operation of each site established under

19 subsection (b) and for the provision of assistance to fami20 lies of members of the Armed Forces at such site.

21 (f) IMPLEMENTATION PLAN.—

22 (1) PLAN REQUIRED.—Not later than 30 days

23 after the first obligation of amounts for the pro24 gram, the Secretary shall submit to the congres-
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1 sional defense committees a report setting forth a

2 plan for the implementation of the program.

3 (2) ELEMENTS.—The plan required under

4 paragraph (1) shall include the following:

5 (A) A description of the actions taken to

6 select and establish sites for the program under

7 subsection (b).

8 (B) A description of the procedures estab9 lished under subsection (d).

10 (C) A review of proposed actions to be

11 taken under the program to improve coordina12 tion on family assistance program and activities

13 between and among the Department of Defense,

14 other departments and agencies of the Federal

15 Government, State and local agencies, and non16 profit entities.

17 (g) REPORT.—

18 (1) IN GENERAL.—Not later than 270 days

19 after the first obligation of amounts for the pro20 gram, the Secretary shall submit to the congres21 sional defense committees a report on the program.

22 (2) ELEMENTS.—The report shall include the

23 following:

24 (A) A description of the program, includ25 ing each site established for purposes of the
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1 program, the procedures established under sub2 section (d) for operations at each such site, and

3 the assistance provided through each such site

4 for families of members of the Armed Forces.

5 (B) An assessment of the effectiveness of

6 the program in providing assistance to families

7 of members of the Armed Forces.

8 (C) An assessment of the advisability of

9 extending the program or making it permanent.

10 (h) ASSISTANCE TO NON-PROFIT ENTITIES PRO11 VIDING ASSISTANCE TO MILITARY FAMILIES.—The Sec12 retary may provide financial, material, and other assist13 ance to non-profit entities in order to facilitate the provi14 sion by such entities of assistance to geographically iso15 lated families of members of the Armed Forces.

16 (i) SUNSET.—The program required by this section,

17 and the authority to provide assistance under subsection

18 (h), shall cease upon the date that is three years after

19 the first obligation of amounts for the program.

20 (j) FUNDING.—Of the amount authorized to be ap21 propriated by section 301(5) for operation and mainte22 nance for Defense-wide activities, $5,000,000 may be

23 available for the program required by this section and the

24 provision of assistance under subsection (h).
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1 SEC. 668. IMPROVEMENT OF MANAGEMENT OF ARMED

2 FORCES RETIREMENT HOME.

3 (a) REDESIGNATION OF CHIEF OPERATING OFFICER

4 AS CHIEF EXECUTIVE OFFICER.—

5 (1) IN GENERAL.—Section 1515 of the Armed

6 Forces Retirement Home Act of 1991 (24 U.S.C.

7 415) is amended—

8 (A) by striking ‘‘Chief Operating Officer’’

9 each place it appears and inserting ‘‘Chief Ex10 ecutive Officer’’; and

11 (B) in subsection (e)(1), by striking ‘‘Chief

12 Operating Officer’s’’ and inserting ‘‘Chief Exec13 utive Officer’s’’.

14 (2) CONFORMING AMENDMENTS.—Such Act is

15 further amended by striking ‘‘Chief Operating Offi16 cer’’ each place it appears in a provision as follows

17 and inserting ‘‘Chief Executive Officer’’:

18 (A) Section 1511 (24 U.S.C. 411).

19 (B) Section 1512 (24 U.S.C. 412).

20 (C) Section 1513(a) (24 U.S.C. 413(a)).

21 (D) Section 1514(c)(1) (24 U.S.C.

22 414(c)(1)).

23 (E) Section 1516(b) (24 U.S.C. 416(b)).

24 (F) Section 1517 (24 U.S.C. 417).

25 (G) Section 1518(c) (24 U.S.C. 418(c)).

26 (H) Section 1519(c) (24 U.S.C. 419(c)).
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1 (I) Section 1521(a) (24 U.S.C. 421(a)).

2 (J) Section 1522 (24 U.S.C. 422).

3 (K) Section 1523(b) (24 U.S.C. 423(b)).

4 (L) Section 1531 (24 U.S.C. 431).

5 (3) CLERICAL AMENDMENTS.—(A) The heading

6 of section 1515 of such Act is amended to read as

7 follows:

8 ‘‘SEC. 1515. CHIEF EXECUTIVE OFFICER.’’.

9 (B) The table of contents for such Act is

10 amended by striking the item relating to section

11 1515 and inserting the following new item:

‘‘Sec. 1515. Chief Executive Officer.’’.

12 (4) REFERENCES.—Any reference in any law,

13 regulation, document, record, or other paper of the

14 United States to the Chief Operating Officer of the

15 Armed Forces Retirement Home shall be considered

16 to be a reference to the Chief Executive Officer of

17 the Armed Forces Retirement Home.

18 (b) DIRECTOR AND DEPUTY DIRECTOR OF FACILI19 TIES.—

20 (1) MILITARY DIRECTOR.—Subsection (b)(1) of

21 section 1517 of such Act (24 U.S.C. 417) is amend22 ed by striking ‘‘a civilian with experience as a con23 tinuing care retirement community professional or’’.

24 (2) CIVILIAN DEPUTY DIRECTOR.—Subsection

25 (d)(1)(A) of such section is amended by striking ‘‘or
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1 a member’’ and all that follows and inserting ‘‘;

2 and’’.

3 (3) EFFECTIVE DATE.—The amendments made

4 by this subsection shall take effect on the date of the

5 enactment of this Act, and shall apply with respect

6 to any vacancy that occur in the position of Director

7 or Deputy Director of a facility of the Armed Forces

8 Retirement Home that occurs on or after that date.

9 (c) CLARIFICATION OF MEMBERSHIP ON LOCAL

10 BOARD OF TRUSTEES.—Section 1516(c)(1)(H) of such

11 Act (24 U.S.C. 416(c)(1)(K)) is amended by inserting be12 fore the period at the end the following: ‘‘, who shall be

13 a member of the Armed Forces serving on active duty in

14 the grade of brigadier general, or in the case of the Navy,

15 rear admiral (lower half)’’.

16 Subtitle F—Transition Assistance

17 for Members of the National

18 Guard and Reserve Returning

19 From Deployment in Operation

20 Iraqi Freedom or Operation En21 during Freedom

22 SEC. 681. SHORT TITLE.

23 This subtitle may be cited as the ‘‘Heroes at Home

24 Act of 2006’’.
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1 SEC. 682. SPECIAL WORKING GROUP ON TRANSITION TO CI2 VILIAN EMPLOYMENT OF MEMBERS OF THE

3 NATIONAL GUARD AND RESERVE RETURNING

4 FROM DEPLOYMENT IN OPERATION IRAQI

5 FREEDOM AND OPERATION ENDURING FREE6 DOM.

7 (a) WORKING GROUP REQUIRED.—The Secretary of

8 Defense shall establish within the Department of Defense

9 a working group to identify and assess the needs of mem10 bers of the National Guard and Reserve returning from

11 deployment in Operation Iraqi Freedom or Operation En12 during Freedom in transitioning to civilian employment on

13 their return from such deployment.

14 (b) MEMBERS.—The working group established

15 under subsection (a) shall include a balance of individuals

16 appointed by the Secretary of Defense from among the

17 following:

18 (1) Personnel of the Department of Defense.

19 (2) With the concurrence of the Secretary of

20 Veterans Affairs, personnel of the Department of

21 Veterans Affairs.

22 (3) With the concurrence of the Secretary of

23 Labor, personnel of the Department of Labor.

24 (c) RESPONSIBILITIES.—The working group estab25 lished under subsection (a) shall—
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1 (1) identify and assess the needs of members of

2 the National Guard and Reserve described in sub3 section (a) in transitioning to civilian employment on

4 their return from deployment as described in that

5 subsection, including the needs of—

6 (A) members who were self-employed be7 fore deployment and seek to return to such em8 ployment after deployment;

9 (B) members who were students before de10 ployment and seek to return to school or com11 mence employment after deployment;

12 (C) members who have experienced mul13 tiple recent deployments; and

14 (D) members who have been wounded or

15 injured during deployment; and

16 (2) develop recommendations on means of im17 proving assistance to members of the National

18 Guard and Reserve described in subsection (a) in

19 meeting the needs identified in paragraph (1) on

20 their return from deployment as described in sub21 section (a).

22 (d) CONSULTATION.—In carrying out its responsibil23 ities under subsection (c), the working group established

24 under subsection (a) shall consult with the following:
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1 (1) Appropriate personnel of the Small Busi2 ness Administration.

3 (2) Representatives of employers who employ

4 members of the National Guard and Reserve de5 scribed in subsection (a) on their return to civilian

6 employment as described in that subsection.

7 (3) Representatives of employee assistance or8 ganizations.

9 (4) Representatives of associations of employ10 ers.

11 (5) Representatives of organizations that assist

12 wounded or injured members of the National Guard

13 and Reserves in finding or sustaining employment.

14 (6) Representatives of such other public or pri15 vate organizations and entities as the working group

16 considers appropriate.

17 (e) REPORT.—

18 (1) IN GENERAL.—Not later than one year

19 after the date of the enactment of this Act, the

20 working group established under subsection (a) shall

21 submit to the Secretary of Defense and Congress a

22 report on its activities under subsection (c).

23 (2) ELEMENTS.—The report required by para24 graph (1) shall include the following:
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1 (A) The results of the identification and

2 assessment required under subsection (c)(1).

3 (B) The recommendations developed under

4 subsection (c)(2), including recommendations

5 on the following:

6 (i) The provision of outreach and

7 training to employers, employment assist8 ance organizations, and associations of em9 ployers on the employment and transition

10 needs of members of the National Guard

11 and Reserve described in subsection (a)

12 upon their return from deployment as de13 scribed in that subsection.

14 (ii) The provision of outreach and

15 training to employers, employment assist16 ance organizations, and associations of em17 ployers on the needs of family members of

18 such members.

19 (iii) The improvement of collaboration

20 between the pubic and private sectors in

21 order to ensure the successful transition of

22 such members into civilian employment

23 upon their return from such deployment.

24 (3) AVAILABILITY TO PUBLIC.—The Secretary

25 shall take appropriate actions to make the report
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1 under paragraph (1) available to the public, includ2 ing through the Internet website of the Department

3 of Defense.

4 (f) TERMINATION.—

5 (1) IN GENERAL.—The working group estab6 lished under subsection (a) shall terminate on the

7 date that is two years after the date of the enact8 ment of this Act.

9 (2) INTERIM DUTIES.—During the period be10 ginning on the date of the submittal of the report

11 required by subsection (e) and the termination of the

12 working group under paragraph (1), the working

13 group shall serve as an advisory board to the Office

14 for Employers and Employment Assistance Organi15 zations under section 683.

16 (g) EMPLOYMENT ASSISTANCE ORGANIZATION DE17 FINED.—In this section, the term ‘‘employment assistance

18 organization’’ means an organization or entity, whether

19 public or private, that provides assistance to individuals

20 in finding or retaining employment, including organiza21 tions and entities under military career support programs.

22 SEC. 683. OFFICE FOR EMPLOYERS AND EMPLOYMENT AS23 SISTANCE ORGANIZATIONS.

24 (a) DESIGNATION OF OFFICE.—
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1 (1) IN GENERAL.—The Secretary of Defense

2 shall designate an office within the Department of

3 Defense to assist employers, employment assistance

4 organizations, and associations of employers in fa5 cilitating the successful transition to civilian employ6 ment of members of the National Guard and Re7 serve returning from deployment in Operation Iraqi

8 Freedom or Operation Enduring Freedom.

9 (2) NAME.—The office designated under this

10 subsection shall be known as the ‘‘Office for Em11 ployers and Employment Assistance Organizations’’

12 (in this section referred to as the ‘‘Office’’).

13 (3) HEAD.—The Secretary shall designate an

14 individual to act as the head of the Office.

15 (4) INTEGRATION.—In designating the Office,

16 the Secretary shall ensure close communication be17 tween the Office and the military departments, in18 cluding the commands of the reserve components of

19 the Armed Forces.

20 (b) FUNCTIONS.—The Office shall have the following

21 functions:

22 (1) To provide education and technical assist23 ance to employers, employment assistance organiza24 tions, and associations of employers to assist them

25 in facilitating the successful transition to civilian
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1 employment of members of the National Guard and

2 Reserve described in subsection (a) on their return

3 from deployment as described in that subsection.

4 (2) To provide education and technical assist5 ance to employers, employment assistance organiza6 tions, and associations of employers to assist them

7 in facilitating the successful adjustment of family

8 members of the National Guard and Reserve to the

9 deployment and return from deployment of members

10 of the National Guard and Reserve as described in

11 that subsection.

12 (c) RESOURCES TO BE PROVIDED.—

13 (1) IN GENERAL.—In carrying out the func14 tions specified in subsection (b), the Office shall pro15 vide employers, employment assistance organiza16 tions, and associations of employers resources, serv17 ices, and assistance that include the following:

18 (A) Guidelines on best practices and effec19 tive strategies.

20 (B) Education on the physical and mental

21 health conditions that can and may be experi22 enced by members of the National Guard and

23 Reserve described in subsection (a) on their re24 turn from deployment as described in that sub25 section in transitioning to civilian employment,
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1 including Post Traumatic Stress Disorder

2 (PTSD) and traumatic brain injury (TBI), in3 cluding education on—

4 (i) the detection of warning signs of

5 such conditions;

6 (ii) the medical, mental health, and

7 employment services available to such

8 members, including materials on services

9 offered by the Department of Defense, the

10 Department of Veterans Affairs (including

11 through the vet center program under sec12 tion 1712A of title 38, United States

13 Code), the Department of Labor, military

14 support programs, and community mental

15 health clinics; and

16 (iii) the mechanisms for referring

17 such members for services described in

18 clause (ii) and for other medical and men19 tal health screening and care when appro20 priate.

21 (C) Education on the range and types of

22 potential physical and mental health effects of

23 deployment and post-deployment adjustment on

24 family members of members of the National
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1 Guard and Reserve described in subsection (a),

2 including education on—

3 (i) the detection of warning signs of

4 such effects on family members of mem5 bers of the National Guard and Reserves;

6 (ii) the medical, mental health, and

7 employment services available to such fam8 ily members, including materials on such

9 services as described in subparagraph

10 (B)(ii); and

11 (iii) mechanisms for referring such

12 family members for services described in

13 clause (ii) and for medical and mental

14 health screening and care when appro15 priate.

16 (D) Education on mechanisms, strategies,

17 and resources for accommodating and employ18 ing wounded or injured members of the Na19 tional Guard and Reserves in work settings.

20 (2) PROVISION OF RESOURCES.—The Office

21 shall make resources, services, and assistance avail22 able under this subsection through such mechanisms

23 as the head of the Office considers appropriate, in24 cluding the Internet, video conferencing, telephone
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1 services, workshops, trainings, presentations, group

2 forums, and other mechanisms.

3 (d) PERSONNEL AND OTHER RESOURCES.—The Sec4 retary of Defense shall assign to the Office such personnel,

5 funding, and other resources as are required to ensure the

6 effective discharge by the Office of the functions under

7 subsection (b).

8 (e) REPORTS ON ACTIVITIES.—

9 (1) ANNUAL REPORT BY OFFICE.—Not later

10 than one year after the designation of the Office,

11 and annually thereafter, the head of the Office, in

12 consultation with the working group established pur13 suant to section 682 (while in effect), shall submit

14 to the Secretary of Defense a written report on the

15 progress and outcomes of the Office during the one16 year period ending on the date of such report.

17 (2) TRANSMITTAL TO CONGRESS.—Not later

18 than 60 days after receipt of a report under para19 graph (1), the Secretary shall transmit such report

20 to the Committees on Armed Services of the Senate

21 and the House of Representatives, together with—

22 (A) such comments on such report, and

23 such assessment of the effectiveness of the Of24 fice, as the Secretary considers appropriate; and
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1 (B) such recommendations on means of

2 improving the effectiveness of the Office as the

3 Secretary considers appropriate.

4 (3) AVAILABILITY TO PUBLIC.—The Secretary

5 shall take appropriate actions to make each report

6 under paragraph (2) available to the public, includ7 ing through the Internet website of the Office.

8 (f) EMPLOYMENT ASSISTANCE ORGANIZATION DE9 FINED.—In this section, the term ‘‘employment assistance

10 organization’’ means an organization or entity, whether

11 public or private, that provides assistance to individuals

12 in finding or retaining employment, including organiza13 tions and entities under military career support programs.

14 SEC. 684. ADDITIONAL RESPONSIBILITIES OF DEPARTMENT

15 OF DEFENSE TASK FORCE ON MENTAL

16 HEALTH RELATING TO MENTAL HEALTH OF

17 MEMBERS OF THE NATIONAL GUARD AND RE18 SERVE DEPLOYED IN OPERATION IRAQI

19 FREEDOM AND OPERATION ENDURING FREE20 DOM.

21 (a) ADDITIONAL RESPONSIBILITIES.—Section 723 of

22 the National Defense Authorization Act for Fiscal Year

23 2006 (Public Law 109–163; 119 Stat. 3348) is

24 amended—
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1 (1) by redesignating subsections (d), (e), (f),

2 and (g) as subsections (e), (f), (g), and (h), respec3 tively; and

4 (2) by inserting after subsection (c) the fol5 lowing new subsection (d):

6 ‘‘(d) ASSESSMENT OF MENTAL HEALTH NEEDS OF

7 MEMBERS OF NATIONAL GUARD AND RESERVE DE8 PLOYED IN OIF OR OEF.—

9 ‘‘(1) IN GENERAL.—In addition to the activities

10 required under subsection (c), the task force shall,

11 not later than 12 months after the date of the enact12 ment of the Heroes at Home Act of 2006, submit

13 to the Secretary a report containing an assessment

14 and recommendations on the needs with respect to

15 mental health of members of the National Guard

16 and Reserve who are deployed in Operation Iraqi

17 Freedom or Operation Enduring Freedom upon

18 their return from such deployment.

19 ‘‘(2) ELEMENTS.—The assessment and rec20 ommendations required by paragraph (1) shall in21 clude the following:

22 ‘‘(A) An assessment of the specific needs

23 with respect to mental health of members of the

24 National Guard and Reserve who are deployed

25 in Operation Iraqi Freedom or Operation En-
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1 during Freedom upon their return from such

2 deployment.

3 ‘‘(B) An identification of mental health

4 conditions and disorders (including Post Trau5 matic Stress Disorder (PTSD), suicide at6 tempts, and suicide) occurring among members

7 of the National Guard and Reserve who under8 go multiple deployments in Operation Iraqi

9 Freedom or Operation Enduring Freedom upon

10 their return from such deployment.

11 ‘‘(C) Recommendations on mechanisms for

12 improving the mental health services available

13 to members of the National Guard and Reserve

14 who are deployed in Operation Iraqi Freedom

15 or Operation Enduring Freedom, including such

16 members who undergo multiple deployments in

17 such operations, upon their return from such

18 deployment.’’.

19 (b) REPORT.—Subsection (f) of such section, as re20 designated by subsection (a)(1) of this section, is further

21 amended—

22 (1) in the subsection heading, by striking ‘‘RE23 PORT’’ and inserting ‘‘REPORTS’’;

24 (2) by striking paragraph (1) and inserting the

25 following new paragraph (1):
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1 ‘‘(1) IN GENERAL.—The report submitted to

2 the Secretary under each of subsections (c) and (d)

3 shall include—

4 ‘‘(A) a description of the activities of the

5 task force under such subsection;

6 ‘‘(B) the assessment and recommendations

7 required by such subsection; and

8 ‘‘(C) such other matters relating to the ac9 tivities of the task force under such subsection

10 as the task force considers appropriate.’’; and

11 (3) in paragraph (2)—

12 (A) by striking ‘‘the report under para13 graph (1)’’ and inserting ‘‘a report under para14 graph (1)’’; and

15 (B) by striking ‘‘the report as’’ and insert16 ing ‘‘such report as’’.

17 (c) PLAN MATTERS.—Subsection (g) of such section,

18 as redesignated by subsection (a)(1) of this section, is fur19 ther amended—

20 (1) by striking ‘‘the report from the task force

21 under subsection (e)(1)’’ and inserting ‘‘a report

22 from the task force under subsection (f)(1)’’; and

23 (2) by inserting ‘‘contained in such report’’

24 after ‘‘the task force’’ the second place it appears.
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1 (d) TERMINATION.—Subsection (h) of such section,

2 as redesignated by subsection (a)(1) of this section, is fur3 ther amended—

4 (1) by inserting ‘‘with respect to the assessment

5 and recommendations required by subsection (d)’’

6 after ‘‘the task force’’; and

7 (2) by striking ‘‘subsection (e)(2)’’ and insert8 ing ‘‘subsection (f)(2)’’.

9 SEC. 685. GRANTS ON ASSISTANCE IN COMMUNITY-BASED

10 SETTINGS FOR MEMBERS OF THE NATIONAL

11 GUARD AND RESERVE AND THEIR FAMILIES

12 AFTER DEPLOYMENT IN OPERATION IRAQI

13 FREEDOM AND OPERATION ENDURING FREE14 DOM.

15 (a) IN GENERAL.—The Secretary of Defense may

16 award grants to eligible entities to carry out demonstra17 tion projects to assess the feasibility and advisability of

18 utilizing community-based settings for the provision of as19 sistance to members of the National Guard and Reserve

20 who serve in Operation Iraqi Freedom or Operation En21 during Freedom, and their families, after the return of

22 such members from deployment in Operation Iraqi Free23 dom or Operation Enduring Freedom, as the case may

24 be, including—
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1 (1) services to improve the reuniting of such

2 members of the National Guard and Reserve and

3 their families;

4 (2) education to increase awareness of the phys5 ical and mental health conditions that members of

6 the National Guard and Reserve can and may expe7 rience on their return from such deployment, includ8 ing education on—

9 (A) Post Traumatic Stress Disorder

10 (PTSD) and traumatic brain injury (TBI); and

11 (B) mechanisms for the referral of such

12 members of the National Guard and Reserve

13 for medical and mental health screening and

14 care when necessary; and

15 (3) education to increase awareness of the phys16 ical and mental health conditions that family mem17 bers of such members of the National Guard and

18 Reserve can and may experience on the return of

19 such members from such deployment, including edu20 cation on—

21 (A) depression, anxiety, and relationship

22 problems; and

23 (B) mechanisms for medical and mental

24 health screening and care when appropriate.
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1 (b) ELIGIBLE ENTITIES.—An entity eligible for the

2 award of a grant under this section is any public or private

3 non-profit organization, such as a community mental

4 health clinic, family support organization, military support

5 organization, law enforcement agency, community college,

6 or public school.

7 (c) APPLICATION.—An eligible entity seeking a grant

8 under this section shall submit to the Secretary of Defense

9 an application therefor in such manner, and containing

10 such information, as the Secretary may require for pur11 poses of this section, including a description of how such

12 entity will work with the Department of Defense, the De13 partment of Veterans Affairs, State health agencies, other

14 appropriate Federal, State, and local agencies, family sup15 port organizations, and other community organization in

16 undertaking activities described in subsection (a).

17 (d) ANNUAL REPORTS BY GRANT RECIPIENTS.—An

18 entity awarded a grant under this section shall submit to

19 the Secretary of Defense on an annual basis a report on

20 the activities undertaken by such entity during the pre21 ceding year utilizing amounts under the grant. Each re22 port shall include such information as the Secretary shall

23 specify for purposes of this subsection.

24 (e) ANNUAL REPORTS TO CONGRESS.—
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1 (1) IN GENERAL.—Not later than one year

2 after the date of the enactment of this Act, and an3 nually thereafter, the Secretary of Defense shall sub4 mit to Congress a report on activities undertaken

5 under the grants awarded under this section. The

6 report shall include recommendations for legislative,

7 programmatic, or administrative action to improve

8 or enhance activities under the grants awarded

9 under this section.

10 (2) AVAILABILITY TO PUBLIC.—The Secretary

11 shall take appropriate actions to make each report

12 under this subsection available to the public.

13 SEC. 686. LONGITUDINAL STUDY ON TRAUMATIC BRAIN IN14 JURY INCURRED BY MEMBERS OF THE

15 ARMED FORCES IN OPERATION IRAQI FREE16 DOM AND OPERATION ENDURING FREEDOM.

17 (a) STUDY REQUIRED.—The Secretary of Defense

18 shall, in consultation with the Secretary of Veterans Af19 fairs, conduct a longitudinal study on the effects of trau20 matic brain injury incurred by members of the Armed

21 Forces in Operation Iraqi Freedom or Operation Endur22 ing Freedom. The duration of the longitudinal study shall

23 be 15 years.

24 (b) ELEMENTS.—The study required by subsection

25 (a) shall address the following:
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1 (1) The long-term physical and mental health

2 effects of traumatic brain injuries incurred by mem3 bers of the Armed Forces during service in Oper4 ation Iraqi Freedom or Operation Enduring Free5 dom.

6 (2) The health care, mental health care, and re7 habilitation needs of such members for such injuries

8 after the completion of inpatient treatment through

9 the Department of Defense, the Department of Vet10 erans Affairs, or both.

11 (3) The type and availability of long-term care

12 rehabilitation programs and services within and out13 side the Department of Defense and the Department

14 of Veterans Affairs for such members for such inju15 ries, including community-based programs and serv16 ices and in-home programs and services.

17 (c) REPORTS.—

18 (1) PERIODIC AND FINAL REPORTS.—After the

19 third, seventh, eleventh, and fifteenth years of the

20 study required by subsection (a), the Secretary of

21 Defense shall, in consultation with the Secretary of

22 Veterans Affairs, submit to Congress a comprehen23 sive report on the results of the study during the

24 preceding years. Each report shall include the fol25 lowing:
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1 (A) Current information on the cumulative

2 outcomes of the study.

3 (B) Such recommendations as the Sec4 retary of Defense and the Secretary of Veterans

5 Affairs jointly consider appropriate based on

6 the outcomes of the study, including rec7 ommendations for legislative, programmatic, or

8 administrative action to improve long-term care

9 and rehabilitation programs and services for

10 members of the Armed Forces with traumatic

11 brain injuries.

12 (2) AVAILABILITY TO PUBLIC.—The Secretary

13 of Defense and the Secretary of Veterans Affairs

14 shall jointly take appropriate actions to make each

15 report under this subsection available to the public.

16 (d) FUNDING.—

17 (1) AUTHORIZATION OF APPROPRIATIONS.—

18 There is authorized to be appropriated to the De19 partment of Defense to carry out this section

20 amounts as follows:

21 (A) For fiscal year 2007, $5,000,000.

22 (B) For each of fiscal years 2008 through

23 2021, such sums as may be necessary.

24 (2) OFFSET.—The amount authorized to be ap25 propriated by section 102(a)(2) for weapons pro-
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1 curement for the Navy is hereby reduced by

2 $5,000,000, with the amount of the reduction to be

3 allocated to amounts for the Trident II conventional

4 modification program.

5 SEC. 687. TRAINING CURRICULA FOR FAMILY CAREGIVERS

6 ON CARE AND ASSISTANCE FOR MEMBERS

7 AND FORMER MEMBERS OF THE ARMED

8 FORCES WITH TRAUMATIC BRAIN INJURY IN9 CURRED IN OPERATION IRAQI FREEDOM AND

10 OPERATION ENDURING FREEDOM.

11 (a) TRAUMATIC BRAIN INJURY FAMILY CAREGIVER

12 PANEL.—

13 (1) ESTABLISHMENT.—The Secretary of De14 fense shall, in consultation with the Secretary of

15 Veterans Affairs, establish within the Department of

16 Defense a panel to develop coordinated, uniform,

17 and consistent training curricula to be used in train18 ing family members in the provision of care and as19 sistance to members and former members of the

20 Armed Forces for traumatic brain injuries incurred

21 during service in the Armed Forces in Operation

22 Iraqi Freedom or Operation Enduring Freedom.

23 (2) DESIGNATION OF PANEL.—The panel estab24 lished under paragraph (1) shall be known as the

25 ‘‘Traumatic Brain Injury Family Caregiver Panel’’.
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1 (3) MEMBERS.—The Traumatic Brain Injury

2 Family Caregiver Panel established under paragraph

3 (1) shall consist of 15 members appointed by the

4 Secretary of Defense, in consultation with the Sec5 retary of Veterans Affairs, equally represented from

6 among—

7 (A) physicians, nurses, rehabilitation

8 therapists, and other individuals with an exper9 tise in caring for and assisting individuals with

10 traumatic brain injury, including those who spe11 cialize in caring for and assisting individuals

12 with traumatic brain injury incurred in war;

13 (B) representatives of family caregivers or

14 family caregiver associations;

15 (C) Department of Defense and Depart16 ment of Veterans Affairs health and medical

17 personnel with expertise in traumatic brain in18 jury, and Department of Defense personnel and

19 readiness representatives with expertise in trau20 matic brain injury;

21 (D) psychologists or other individuals with

22 expertise in the mental health treatment and

23 care of individuals with traumatic brain injury;

24 (E) experts in the development of training

25 curricula; and
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1 (F) any other individuals the Secretary

2 considers appropriate.

3 (b) DEVELOPMENT OF CURRICULA.—

4 (1) IN GENERAL.—The Traumatic Brain Injury

5 Family Caregiver Panel shall develop training cur6 ricula to be utilized during the provision of training

7 to family members of members and former members

8 of the Armed Forces described in subsection (a) on

9 techniques, strategies, and skills for care and assist10 ance for such members and former members with

11 the traumatic brain injuries described in that sub12 section.

13 (2) SCOPE OF CURRICULA.—The curricula

14 shall—

15 (A) be based on empirical research and

16 validated techniques; and

17 (B) shall provide for training that permits

18 recipients to tailor caregiving to the unique cir19 cumstances of the member or former member of

20 the Armed Forces receiving care.

21 (3) PARTICULAR REQUIREMENTS.—In devel22 oping the curricula, the Traumatic Brain Injury

23 Family Caregiver Panel shall—
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1 (A) specify appropriate training commen2 surate with the severity of traumatic brain in3 jury; and

4 (B) identify appropriate care and assist5 ance to be provided for the degree of severity of

6 traumatic brain injury for caregivers of various

7 levels of skill and capability.

8 (4) USE OF EXISTING MATERIALS.—In devel9 oping the curricula, the Traumatic Brain Injury

10 Family Caregiver Panel shall utilize and enhance

11 any existing training curricula, materials, and re12 sources applicable to such curricula as the Panel

13 considers appropriate.

14 (5) DEADLINE FOR DEVELOPMENT.—The

15 Traumatic Brain Injury Family Caregiver Panel

16 shall develop the curricula not later than one year

17 after the date of the enactment of this Act.

18 (c) DISSEMINATION OF CURRICULA.—

19 (1) IN GENERAL.—The Secretary of Defense

20 shall, in consultation with the Traumatic Brain In21 jury Family Caregiver Panel, develop mechanisms

22 for the dissemination of the curricula developed

23 under subsection (b) to health care professionals re24 ferred to in paragraph (2) who treat or otherwise

25 work with members and former members of the
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1 Armed Forces with traumatic brain injury incurred

2 in Operation Iraqi Freedom or Operation Enduring

3 Freedom. In developing such mechanisms, the Sec4 retary may utilize and enhance existing mechanisms,

5 including the Military Severely Injured Center.

6 (2) HEALTH CARE PROFESSIONALS.—The

7 health care professionals referred to in this para8 graph are the following:

9 (A) Personnel at military medical treat10 ment facilities.

11 (B) Personnel at the polytrauma centers of

12 the Department of Veterans Affairs.

13 (C) Personnel and care managers at the

14 Military Severely Injured Center.

15 (D) Such other health care professionals of

16 the Department of Defense as the Secretary

17 considers appropriate.

18 (E) Such other health care professionals of

19 the Department of Veterans Affairs as the Sec20 retary of Defense, in consultation with the Sec21 retary of Veterans Affairs, considers appro22 priate.

23 (3) PROVISION OF TRAINING TO FAMILY CARE24 GIVERS.—
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1 (A) IN GENERAL.—Health care profes2 sionals referred to in paragraph (2) who are

3 trained in the curricula developed under sub4 section (b) shall provide training to family

5 members of members and former members of

6 the Armed Forces who incur traumatic brain

7 injuries during service in the Operation Iraqi

8 Freedom or Operation Enduring Freedom in

9 the care and assistance to be provided for such

10 injuries.

11 (B) TIMING OF TRAINING.—Training

12 under this paragraph shall, to the extent prac13 ticable, be provided to family members while the

14 member or former member concerned is under15 going treatment at a facility of the Department

16 of Defense or Department of Veterans Affairs,

17 as applicable, in order to ensure that such fam18 ily members receive practice on the provision of

19 such care and assistance under the guidance of

20 qualified health professionals.

21 (C) PARTICULARIZED TRAINING.—Train22 ing provided under this paragraph to family

23 members of a particular member or former

24 member shall be tailored to the particular care

25 needs of such member or former member and
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1 the particular caregiving needs of such family

2 members.

3 (4) QUALITY ASSURANCE.—The Secretary shall

4 develop mechanisms to ensure quality in the provi5 sion of training under this section to health care

6 professionals referred to in paragraph (2) and in the

7 provision of such training under paragraph (4) by

8 such health care professionals.

9 (5) REPORT.—Not later than one year after the

10 development of the curricula required by subsection

11 (b), and annually thereafter, the Traumatic Brain

12 Injury Family Caregiver Training Panel shall submit

13 to the Secretary of Defense and the Secretary of

14 Veterans Affairs, and to Congress, a report on the

15 following:

16 (A) The actions undertaken under this

17 subsection.

18 (B) The results of the tracking of out19 comes based on training developed and provided

20 under this section.

21 (C) Recommendations for the improvement

22 of training developed and provided under this

23 section.

24 (d) FUNDING.—
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1 (1) AUTHORIZATION OF APPROPRIATIONS.—

2 There is authorized to be appropriated to the De3 partment of Defense to carry out this section

4 amounts as follows:

5 (A) For fiscal year 2007, $1,000,000.

6 (B) For each of fiscal years 2008 through

7 2011, such sums as may be necessary.

8 (2) OFFSET.—The amount authorized to be ap9 propriated by section 102(a)(2) for weapons pro10 curement for the Navy is hereby reduced by

11 $1,000,000, with the amount of the reduction to be

12 allocated to amounts for the Trident II conventional

13 modification program.

14 TITLE VII—HEALTH CARE

15 Subtitle A—Benefits Matters

16 SEC. 701. IMPROVED PROCEDURES FOR CANCER SCREEN17 ING FOR WOMEN.

18 (a) PRIMARY AND PREVENTIVE HEALTH CARE

19 SERVICES AUTHORITY.—Section 1074d of title 10, United

20 States Code, is amended—

21 (1) in subsection (a)(1), by adding at the end

22 the following new sentence: ‘‘The services described

23 in paragraphs (1) and (2) of subsection (b) shall be

24 provided under such procedures and at such inter-
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1 vals as the Secretary of Defense shall prescribe.’’;

2 and

3 (2) in subsection (b), by striking paragraphs

4 (1) and (2) and inserting the following new para5 graphs:

6 ‘‘(1) Cervical cancer screening.

7 ‘‘(2) Breast cancer screening.’’.

8 (b) TRICARE PROGRAM.—Section 1079(a)(2) of

9 such title is amended—

10 (1) in the matter preceding subparagraph (A),

11 by striking ‘‘the schedule of pap smears and mam12 mograms’’ and inserting ‘‘the schedule and method

13 of cervical cancer screenings and breast cancer

14 screenings’’; and

15 (2) in subparagraph (B), by striking ‘‘pap

16 smears and mammograms’’ and inserting ‘‘cervical

17 and breast cancer screenings’’.

18 SEC. 702. NATIONAL MAIL-ORDER PHARMACY PROGRAM.

19 (a) AVAILABILITY OF REFILLS OF MAINTENANCE20 TYPE MEDICATIONS SOLELY THROUGH PROGRAM.—

21 (1) IN GENERAL.—Subsection (a)(2) of section

22 1074g of title 10, United States Code, is amended—

23 (A) in subparagraph (E), by striking

24 ‘‘Pharmaceutical agents’’ and inserting ‘‘Except
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1 as provided in subparagraph (F), pharma2 ceutical agents’’; and

3 (B) by adding at the end the following new

4 subparagraph:

5 ‘‘(F)(i) Effective April 1, 2007, refills of maintenance

6 medications shall, except as provided under clause (ii), be

7 available to eligible covered beneficiaries solely through the

8 national mail-order pharmacy program referred to in sub9 paragraph (E)(iii).

10 ‘‘(ii) Under such regulations as the Secretary may

11 prescribe under this subparagraph, refills of a mainte12 nance medication may be available to covered eligible

13 beneficiaries through means other than the national mail14 order pharmacy program if clinical requirements make it

15 advisable that such medication be available to such bene16 ficiaries through such other means.

17 ‘‘(iii) The Secretary shall specify the pharmaceutical

18 agents constituting maintenance medications for purposes

19 of this subparagraph.’’.

20 (2) CONFORMING AMENDMENT.—Subsection

21 (f)(1) of such section is amended by striking ‘‘sub22 section (a)(2)(E)’’ and inserting ‘‘subparagraphs (E)

23 and (F) of subsection (a)(2)’’.

24 (b) PROHIBITION ON COPAYMENTS FOR CERTAIN

25 PHARMACEUTICALS AVAILABLE THROUGH PROGRAM.—
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1 Subsection (a)(6) of such section is amended by adding

2 at the end the following new subparagraph:

3 ‘‘(C) In establishing the cost-sharing requirements,

4 the Secretary may not impose any copayment or cost-shar5 ing requirement with respect to the following:

6 ‘‘(i) Refills of generic medications.

7 ‘‘(ii) Brand name medications determined by a

8 physician to be medically necessary.’’.

9 SEC. 703. AVAILABILITY UNDER TRICARE OF ANESTHESIA

10 FOR CHILDREN IN CONNECTION WITH DEN11 TAL PROCEDURES FOR WHICH DENTAL ANES12 THESIA IS INAPPROPRIATE.

13 Section 1079(a)(1) of title 10, United States Code,

14 is amended by inserting before the period at the end the

15 following: ‘‘, except that, pursuant to such regulations as

16 the Secretary of Defense may prescribe, hospitalization

17 and professional services may be provided in connection

18 with the anesthesia of a child under the age of six years

19 for a dental procedure which, as determined by a qualified

20 dental specialist, is necessary’’.
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1 SEC. 704. TRICARE COVERAGE FOR FORENSIC EXAMINA2 TIONS FOLLOWING SEXUAL ASSAULTS AND

3 DOMESTIC VIOLENCE.

4 Section 1079(a) of title 10, United States Code, is

5 amended by adding at the end the following new para6 graph:

7 ‘‘(17) Forensic examinations following a sexual

8 assault or domestic violence may be provided.’’.

9 SEC. 705. PROHIBITION ON INCREASE IN FISCAL YEAR 2007

10 IN ENROLLMENT FEES FOR COVERAGE

11 UNDER TRICARE PRIME.

12 (a) PROHIBITION.—Fees charged for enrollment in

13 TRICARE Prime may not be increased during fiscal year

14 2007.

15 (b) TRICARE PRIME DEFINED.—In this section, the

16 term ‘‘TRICARE Prime’’ means the managed care option

17 of the TRICARE program.

18 SEC. 706. LIMITATION ON FISCAL YEAR 2007 INCREASE IN

19 PREMIUMS FOR COVERAGE UNDER TRICARE

20 OF MEMBERS OF RESERVE COMPONENTS

21 WHO COMMIT TO CONTINUED SERVICE IN SE22 LECTED RESERVE AFTER RELEASE FROM AC23 TIVE DUTY.

24 Any premium charged under subsection (d) of section

25 1076d of title 10, United States Code, for coverage under

26 TRICARE of members of reserve components who commit
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1 to continued service in the Selected Reserve after release

2 from active duty, as authorized by subsection (a) of such

3 section, may not be increased during fiscal year 2007 by

4 an amount which exceeds 2.2 percent of such premium

5 as of September 30, 2006.

6 SEC. 707. TEMPORARY PROHIBITION ON INCREASE IN CO7 PAYMENTS UNDER RETAIL PHARMACY SYS8 TEM OF PHARMACY BENEFITS PROGRAM.

9 Subsection (a)(6) of section 1074g of title 10, United

10 States Code, as amended by section 702(b) of this Act,

11 is further amended by adding at the end the following new

12 subparagraph:

13 ‘‘(D) During the period beginning on October 1,

14 2006, and ending on September 31, 2007, the cost sharing

15 requirements established under this paragraph for phar16 maceutical agents available through retail pharmacies cov17 ered by paragraph (2)(E)(ii) may not exceed amounts as

18 follows:

19 ‘‘(i) In the case of generic agents, $3.

20 ‘‘(ii) In the case of formulary agents, $9.

21 ‘‘(iii) In the case of nonformulary agents,

22 $22.’’.
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1 SEC. 708. EXPANSION OF ELIGIBILITY OF MEMBERS OF THE

2 SELECTED RESERVE FOR COVERAGE UNDER

3 TRICARE.

4 (a) IN GENERAL.—Subsection (a) of section 1076b

5 of title 10, United States Code, is amended—

6 (1) in paragraph (2), by striking ‘‘or’’ at the

7 end;

8 (2) in paragraph (3), by striking the period at

9 the end and inserting ‘‘; or’’; and

10 (3) by adding at the end the following new

11 paragraph:

12 ‘‘(4) is an employee of a business with 20 or

13 fewer employees.’’.

14 (b) PREMIUMS.—Subsection (e)(2) of such section is

15 amended by adding at the end the following new subpara16 graph:

17 ‘‘(C) For members eligible under paragraph (4)

18 of subsection (a), the amount equal to 75 percent of

19 the total amount determined by the Secretary on an

20 appropriate actuarial basis as being reasonable for

21 the coverage.’’.

22 (c) EFFECTIVE DATE.—The amendments made by

23 this section shall take effect on October 1, 2006.
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1 Subtitle B—Planning,

2 Programming, and Management

3 SEC. 721. TREATMENT OF TRICARE RETAIL PHARMACY

4 NETWORK UNDER FEDERAL PROCUREMENT

5 OF PHARMACEUTICALS.

6 Section 1074g of title 10, United States Code, is

7 amended—

8 (1) by redesignating subsections (f) and (g) as

9 subsections (g) and (h), respectively; and

10 (2) by inserting after subsection (e) the fol11 lowing new subsection (f):

12 ‘‘(f) TRICARE RETAIL PHARMACY NETWORK.—The

13 TRICARE Retail Pharmacy Network under the

14 TRICARE program shall be treated as an element of the

15 Department of Defense for purposes of the procurement

16 of drugs by Federal agencies under section 8126 of title

17 38 in connection with the provision by pharmacies in the

18 Network of pharmaceutical services to eligible covered

19 beneficiaries under this section.’’.

20 SEC. 722. RELATIONSHIP BETWEEN THE TRICARE PRO21 GRAM AND EMPLOYER-SPONSORED GROUP

22 HEALTH CARE PLANS.

23 (a) IN GENERAL.—Chapter 55 of title 10, United

24 States Code, is amended by inserting after section 1097b

25 the following new section:
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1 ‘‘§ 1097c. TRICARE program: relationship with em2 ployer-sponsored group health plans

3 ‘‘(a) IN GENERAL.—(1) The TRICARE program is

4 the secondary payer for any health care services provided

5 by an employer to a TRICARE eligible employee of such

6 employer, and the spouse of such employee, through any

7 group health plan offered by such employer.

8 ‘‘(2) An employer shall provide that a TRICARE eli9 gible employee of such employer, and the spouse of such

10 employee, is entitled to benefits and services under the

11 group health plan offered by such employer in the same

12 manner and to the same extent as similarly situated em13 ployees of such employer who are not TRICARE eligible

14 employees.

15 ‘‘(3) An employer of a TRICARE eligible employee

16 may not establish any condition applicable to the partici17 pation of the employee in a group health plan offered by

18 such employer in connection with the entitlement of the

19 employee for health care services under the TRICARE

20 program, including any condition on—

21 ‘‘(A) the eligibility of the employee for partici22 pation in the plan; or

23 ‘‘(B) benefits or services available to the em24 ployee under the plan.

25 ‘‘(b) PROHIBITION ON INCENTIVES FOR TRICARE

26 ELIGIBLE EMPLOYEES NOT TO ENROLL OR TO
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1 DISENROLL IN GROUP HEALTH PLANS.—(1) An employer

2 may not offer a TRICARE eligible employee any financial

3 or other benefit (including health services coverage that

4 is supplemental to health services coverage under the

5 TRICARE program) not to enroll, or to disenroll, in the

6 group health plan offered by the employer in order to en7 sure that the TRICARE program, rather than the plan,

8 is the primary payer for health care services received by

9 the employee.

10 ‘‘(2)(A) An employer who violates the prohibition in

11 paragraph (1) shall be liable to the United States for a

12 civil penalty in an amount not to exceed $5,000 for each

13 violation.

14 ‘‘(B) Any amounts collected under this paragraph

15 shall be credited to the appropriation available for the

16 TRICARE program for the fiscal year in which such

17 amounts are collected.

18 ‘‘(3)(A) Except as provided in subparagraph (B), the

19 provisions of section 1128A of the Social Security Act (42

20 U.S.C. 1320a–7a), other than subsections (a) and (b) of

21 such section 1128A, which provisions relate to procedures

22 for the imposition of civil money penalties for certain viola23 tions of the Social Security Act, shall apply to the imposi24 tion of penalties under paragraph (2).
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1 ‘‘(B) The Secretary of Defense may provide in the

2 regulations prescribed under this section for the applica3 tion to the imposition of penalties under paragraph (2)

4 of procedural requirements specified in such regulations

5 rather than the procedural requirements referred to in

6 subparagraph (A). Any procedural requirements under

7 such regulations shall be comparable to the procedural re8 quirements referred to in subparagraph (A).

9 ‘‘(c) ELECTION OF TRICARE ELIGIBLE EMPLOYEES

10 TO PARTICIPATE IN GROUP HEALTH PLAN.—A

11 TRICARE eligible employee shall have the opportunity to

12 elect to participate in the group health plan offered by

13 the employer of the employee and receive primary coverage

14 for health care services under the plan in the same manner

15 and to the same extent as similarly situated employees of

16 such employer who are not TRICARE eligible employees.

17 ‘‘(d) INAPPLICABILITY TO CERTAIN EMPLOYERS.—

18 The provisions of this section do not apply to any employer

19 who has fewer than 20 employees.

20 ‘‘(e) RETENTION OF ELIGIBILITY FOR COVERAGE

21 UNDER TRICARE.—Nothing in this section, including an

22 election made by a TRICARE eligible employee under sub23 section (c), shall be construed to effect, modify, or termi24 nate the eligibility of a TRICARE eligible employee or

25 spouse of such employee for health care or dental services
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1 under this chapter in accordance with the other provisions

2 of this chapter.

3 ‘‘(f) COLLECTION OF INFORMATION.—(1) To improve

4 the administration of this section, the Secretary of De5 fense may utilize the authorities on collection of informa6 tion set forth in paragraphs (1) and (2) of section 1095(k)

7 of this title, including the authority in the second sentence

8 of paragraph (2) of such section.

9 ‘‘(2) Information obtained pursuant to the use of the

10 authorities in paragraph (1) may not be disclosed for any

11 purpose of than to carry out the purpose of this section.

12 ‘‘(g) OUTREACH.—The Secretary of Defense shall, in

13 coordination with the other administering Secretaries,

14 conduct outreach to inform covered beneficiaries who are

15 entitled to health care benefits under the TRICARE pro16 gram of the rights and responsibilities of such bene17 ficiaries and employers under this section.

18 ‘‘(h) REGULATIONS.—The Secretary of Defense shall

19 prescribe regulations relating to the administration and

20 enforcement of this section. The regulations shall be pre21 scribed in consultation with the other administering Secre22 taries and the Attorney General, as appropriate.

23 ‘‘(i) DEFINITIONS.—In this section:

24 ‘‘(1) The term ‘employer’ includes a State or

25 unit of local government.
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1 ‘‘(2) The term ‘group health plan’ means a

2 group health plan (as that term is defined in section

3 5000(b)(1) of the Internal Revenue Code of 1986

4 without regard to section 5000(d) of the Internal

5 Revenue Code of 1986).

6 ‘‘(3) The term ‘primary payer’ means a group

7 health plan that provides a benefit that would be

8 primary under section 1079(j)(1) or 1086(g) of this

9 title.

10 ‘‘(4) The term ‘secondary payer’ means a plan

11 or program whose medical benefits are payable only

12 after a primary payer has provided medical benefits

13 in accordance with applicable law and the plan of

14 the primary payer.

15 ‘‘(5) The term ‘TRICARE eligible employee’

16 means a covered beneficiary under section 1086 of

17 this title entitled to health care benefits under the

18 TRICARE program.

19 ‘‘(j) EFFECTIVE DATE.—This section shall take ef20 fect on January 1, 2008.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of chapter 55 of such title is amended

23 by inserting after the item relating to section 1097b the

24 following new item:

‘‘1097c. TRICARE program: relationship with employer-sponsored group health

plans.’’.
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1 SEC. 723. ENROLLMENT IN THE TRICARE PROGRAM.

2 (a) SYSTEM OF ENROLLMENT REQUIRED.—Chapter

3 55 of title 10, United States Code, is amended by inserting

4 after section 1097c, as added by section 722(a) of this

5 Act, the following new section:

6 ‘‘§ 1097d. TRICARE program: system of enrollment

7 ‘‘(a) ESTABLISHMENT OF SYSTEM.—Not later than

8 October 1, 2007, the Secretary of Defense shall establish

9 a universal system for enrollment of all beneficiaries who

10 obtain health care services from military medical treat11 ment facilities or civilian health care providers under the

12 TRICARE program (in this section referred to as ‘partici13 pating beneficiaries’).

14 ‘‘(b) PURPOSES OF SYSTEM.—The purposes of the

15 system required by subsection (a) shall be as follows:

16 ‘‘(1) To ensure the efficient administration of

17 benefits under the TRICARE program, including

18 the Standard option of TRICARE.

19 ‘‘(2) To ensure that the geographic distribution

20 of healthcare providers under the TRICARE pro21 gram meets the needs of participating beneficiaries

22 for ready access to health care services under the

23 program.

24 ‘‘(3) To promote the implementation of disease

25 management and chronic care management pro26 grams authorized by the National Defense Author-
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1 ization Act for Fiscal Year 2007 and other provi2 sions of law.

3 ‘‘(c) ELEMENTS.—The system required by subsection

4 (a) shall be subject to the following:

5 ‘‘(1) Enrollment is required for all benefits op6 tions under the TRICARE program.

7 ‘‘(2) A one-time enrollment fee (in the amount

8 of $25, in the case of an individual enrolling in self

9 only coverage, or $40, in the case of an individual

10 enrolling in self and family coverage) may be col11 lected for all participating beneficiaries who utilize

12 the Standard option of TRICARE, except that such

13 enrollment fee may not be collected from the fol14 lowing:

15 ‘‘(A) Dependents of members of the armed

16 forces on active duty.

17 ‘‘(B) Dependents of Reserves on extended

18 active duty pursuant to a call or order to active

19 duty of 30 days or more.

20 ‘‘(C) Participating beneficiaries who are

21 also eligible for benefits under the Medicare

22 program under title XVIII of the Social Secu23 rity Act (42 U.S.C. 1395 et seq.).
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1 ‘‘(D) Participating beneficiaries enrolled in

2 TRICARE Reserve Select under section 1076d

3 of this title.

4 ‘‘(3) Enrollment in the system may occur at

5 any time.

6 ‘‘(4) Enrollment in the system shall be by a va7 riety of means utilizing a standard format.

8 ‘‘(d) ADMINISTRATION.—The Secretary shall provide

9 for the administration of the system in each region of the

10 TRICARE program by the TRICARE Regional Director

11 for such region.

12 ‘‘(e) HEALTH RISK ASSESSMENT.—(1) The Sec13 retary of Defense shall provide to each participating bene14 ficiary who enrolls in the system required by subsection

15 (a) a health risk assessment not later than 120 days after

16 the date of the enrollment of such participating beneficiary

17 in the system.

18 ‘‘(2) The Secretary shall provide health risk assess19 ments under paragraph (1) by any means that the Sec20 retary considers appropriate for purposes of this section.

21 ‘‘(f) CONSEQUENCES OF LACK OF PAYMENT OF EN22 ROLLMENT FEE.—(1) In the case of any participating

23 beneficiary who is subject to the payment of an enrollment

24 fee under the authority in subsection (c)(2), payment of

25 the enrollment fee shall, except as provided in paragraph
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1 (2), be a condition for receipt of benefits under the

2 TRICARE program.

3 ‘‘(2) The Secretary of Defense may waive the applica4 bility of paragraph (1) to any participating beneficiary or

5 class of participating beneficiaries if the Secretary deter6 mines that the waiver is in the best interests of the United

7 States.

8 ‘‘(g) COMMUNICATIONS AND OUTREACH WITH EN9 ROLLEES.—(1) The Secretary of Defense shall, on a peri10 odic basis but not less often than annually, provide to par11 ticipating beneficiaries who are enrolled in the system re12 quired by subsection (a) information on current matters

13 relating to the TRICARE program, including information

14 on benefits available under the TRICARE program and

15 information on preventive health care services and other

16 practices intended to promote health and wellness among

17 such participating beneficiaries.

18 ‘‘(2) The Secretary shall, on a periodic basis, conduct

19 surveys or otherwise collect information on participating

20 beneficiaries enrolled in the system with respect to the fol21 lowing:

22 ‘‘(A) The satisfaction of such beneficiaries who

23 are participants in the option of the TRICARE pro24 gram known as TRICARE Standard with the nature
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1 and scope of, and access to, health care services

2 under that option.

3 ‘‘(B) Other health care insurance, if any, that

4 is available to such beneficiaries.

5 ‘‘(C) Any other matters that the Secretary con6 siders appropriate to improve health care benefits

7 and access to health care services under the

8 TRICARE program.

9 ‘‘(h) CONSULTATION.—The Secretary of Defense

10 shall carry out this section in consultation with the other

11 administering Secretaries.’’.

12 (b) COMPTROLLER GENERAL REPORT ON SYSTEM.—

13 Not later than September 15, 2007, the Comptroller Gen14 eral of the United States shall submit to the congressional

15 defense committees a report on the system of enrollment

16 required by section 1097d of title 10, United States Code

17 (as added by subsection (a)). The report shall include the

18 following:

19 (1) An assessment of the progress made toward

20 implementation of the system.

21 (2) A description and assessment of the inte22 gration of the system with the regional business plan

23 of the TRICARE Regional Offices.
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1 (3) An assessment of the readiness of the De2 partment to implement the system by October 1,

3 2007.

4 (c) REPEAL OF SUPERSEDED AUTHORITY.—Section

5 1099 of title 10, United States Code, is repealed.

6 (d) CLERICAL AMENDMENTS.—The table of sections

7 at the beginning of chapter 55 of such title is amended—

8 (1) by inserting after the item relating to sec9 tion 1097c, as added by section 722(b) of this Act,

10 the following new item:

‘‘1097d. TRICARE program: system of enrollment.’’;

11 and

12 (2) by striking the item relating to section

13 1099.

14 SEC. 724. INCENTIVE PAYMENTS FOR THE PROVISION OF

15 SERVICES UNDER THE TRICARE PROGRAM IN

16 MEDICALLY UNDERSERVED AREAS.

17 (a) IN GENERAL.—Chapter 55 of title 10, United

18 States Code, is amended by inserting after section 1097d,

19 as added by section 723(a) of this Act, the following new

20 section:

21 ‘‘§ 1097e. TRICARE program: incentive payments for

22 provision of services in medically under23 served areas

24 ‘‘(a) INCENTIVE PAYMENTS AUTHORIZED.—(1)

25 Commencing with the calendar quarter beginning on Jan-
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1 uary 1, 2008, the Secretary of Defense, after consultation

2 with the other administering Secretaries, shall make in3 centive payments under this section to physicians partici4 pating in the TRICARE program in a medically under5 served area.

6 ‘‘(2) Incentive payments payable under this section

7 shall be paid with respect to physician professional serv8 ices furnished in medically underserved areas.

9 ‘‘(3) The incentive payment payable under this sec10 tion with respect to a physician professional service is in

11 addition to any other amounts payable for such service

12 under the TRICARE program.

13 ‘‘(b) MEDICALLY UNDERSERVED AREA.—For pur14 poses of this section, a medically underserved area is ei15 ther of the following:

16 ‘‘(1) A primary care scarcity county (with re17 spect to a primary care physician) or specialist care

18 scarcity county (with respect to any other physician)

19 identified by the Secretary of Health and Human

20 Services under section 1833(u)(4) of the Social Se21 curity Act (42 U.S.C. 1395l(u)(4)).

22 ‘‘(2) A health professional shortage area identi23 fied by the Secretary of Health and Human Services

24 under section 1833(m)(1) of the Social Security Act

25 (42 U.S.C. 1395l(m)(1)).
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1 ‘‘(c) AMOUNT OF INCENTIVE PAYMENT.—The

2 amount of the incentive payment payable under subsection

3 (a) with respect to a physician professional service is as

4 follows:

5 ‘‘(1) In the case of a service furnished by a pri6 mary care physician in a primary care scarcity coun7 ty or a service furnished by any other physician in

8 a specialist care scarcity county covered by sub9 section (b)(1), an amount equal to 5 percent of the

10 amount payable for the service under the TRICARE

11 program.

12 ‘‘(2) In the case of a service furnished in an

13 area covered by subsection (b)(2), an amount equal

14 to 10 percent of the amount payable for the service

15 under the TRICARE program.

16 ‘‘(3) In the case of a service provided in a loca17 tion that is covered by both paragraphs (1) and (2)

18 of subsection (b), an amount equal to 15 percent of

19 the amount payable for the service under the

20 TRICARE program.

21 ‘‘(d) LOCATION OF PROVISION OF SERVICE.—(1) For

22 purposes of identifying the location in which a physician

23 professional service is furnished for purposes of this sec24 tion, the Secretary of Defense shall use the 5-digit postal

25 ZIP code system.
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1 ‘‘(2) If the 5-digit postal ZIP code for an area covers

2 more than one county, the dominant county (as deter3 mined by the United States Postal Service or otherwise)

4 shall be used to determine whether the postal ZIP code

5 is in a scarcity county covered by subsection (b)(1).

6 ‘‘(e) FREQUENCY OF PAYMENT.—Incentive payments

7 payable under this section shall be paid on a quarterly

8 basis for incentive payments accrued during the previous

9 calendar quarter.

10 ‘‘(f) REGULATIONS.—The Secretary of Defense, in

11 consultation with the other administering Secretaries,

12 shall prescribe regulations for the administration of this

13 section.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of chapter 55 of such title, as amended

16 by section 723(d)(1) of this Act, is further amended by

17 inserting after the item relating to section 1097d the fol18 lowing new item:

‘‘1097e. TRICARE program: incentive payments for provision of services in

medically underserved areas.’’.

19 SEC. 725. STANDARDIZATION OF CLAIMS PROCESSING

20 UNDER TRICARE PROGRAM AND MEDICARE

21 PROGRAM.

22 (a) IN GENERAL.—Effective October 1, 2007, the

23 claims processing requirements under the TRICARE pro24 gram on the matters described in subsection (b) shall be
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1 identical to the claims processing requirements under the

2 Medicare program on such matters.

3 (b) COVERED MATTERS.—The matters described in

4 this subsection are as follows:

5 (1) The utilization of single or multiple provider

6 identification numbers for purposes of the payment

7 of health care claims by Department of Defense con8 tractors.

9 (2) The documentation required to substantiate

10 medical necessity for items and services that are cov11 ered under both the TRICARE program and the

12 Medicare program.

13 (c) IMMEDIATE COLLECTION FROM THIRD-PARTY

14 PAYERS.—

15 (1) POLICY REQUIRED.—The Secretary of De16 fense, in consultation with the other administering

17 Secretaries, shall prescribe in regulations a policy for

18 the collection of amounts from third-party payers as

19 authorized by section 1095 of title 10, United States

20 Code, immediately upon the presentation of claims

21 for health care services to the Department of De22 fense.

23 (2) OVERPAYMENT.—The policy required by

24 subsection (a) shall include mechanisms for the
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1 recoupment by third-party payers of amounts over2 paid to the United States under the policy.

3 (d) ANNUAL REPORTS ON CLAIMS PROCESSING

4 STANDARDIZATION.—

5 (1) IN GENERAL.—Not later than October 1,

6 2007, and annually thereafter, the Secretary of De7 fense shall submit to the congressional defense com8 mittees a report setting forth a complete list of the

9 claims processing requirements under the TRICARE

10 program that differ from claims processing require11 ments under the Medicare program.

12 (2) ELEMENTS.—Each report under paragraph

13 (1) shall include, for each claims processing require14 ment listed in such report, a business case that jus15 tifies maintaining such requirement under the

16 TRICARE program as a different claims processing

17 requirement than that required under the Medicare

18 program.

19 (e) DEFINITIONS.—In this section:

20 (1) The term ‘‘administering Secretaries’’ has

21 the meaning given that term in section 1072(3) of

22 title 10, United States Code.

23 (2) The term ‘‘Medicare program’’ means the

24 program under title XVIII of the Social Security Act

25 (42 U.S.C. 1395 et seq.).
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1 (3) The term ‘‘TRICARE program’’ has the

2 meaning given that term in section 1072(7) of title

3 10, United States Code.

4 SEC. 726. REQUIREMENTS FOR SUPPORT OF MILITARY

5 TREATMENT FACILITIES BY CIVILIAN CON6 TRACTORS UNDER TRICARE.

7 (a) ANNUAL INTEGRATED REGIONAL REQUIRE8 MENTS ON SUPPORT.—The Regional Director of each re9 gion under the TRICARE program shall develop each year

10 integrated, comprehensive requirements for the support of

11 military treatment facilities in such region that is provided

12 by contract civilian health care and administrative per13 sonnel under the TRICARE program.

14 (b) PURPOSES.—The purposes of the requirements

15 established under subsection (a) shall be as follows:

16 (1) To ensure consistent standards of quality in

17 the support of military treatment facilities by con18 tract civilian health care personnel under the

19 TRICARE program.

20 (2) To identify targeted, actionable opportuni21 ties throughout each region of the TRICARE pro22 gram for the most efficient delivery of health care

23 and support of military treatment facilities.

24 (3) To ensure the most effective use of various

25 available contracting methods in securing support of
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1 military treatment facilities by civilian personnel

2 under the TRICARE program, including resource3 sharing and clinical support agreements, direct con4 tracting, and venture capital investments.

5 (4) To achieve savings targets for each region

6 under the TRICARE program.

7 (c) FACILITATION AND ENHANCEMENT OF CON8 TRACTOR SUPPORT.—

9 (1) IN GENERAL.—The Secretary of Defense

10 shall take appropriate actions to facilitate and en11 hance the support of military treatment facilities

12 under the TRICARE program in order to assure

13 maximum quality and productivity.

14 (2) ACTIONS.—In taking actions under para15 graph (1), the Secretary shall—

16 (A) ensure approval by a Regional Director

17 of all proposals for the support of military

18 treatment facilities in the region concerned in

19 accordance with the most current requirements

20 established by such Regional Director under

21 subsection (a);

22 (B) ensure the availability of adequate and

23 sustainable funding support for projects which

24 produce a return on investment to the military

25 treatment facilities;
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1 (C) ensure that a portion of any return on

2 investment is returned to the military treatment

3 facility to which such savings are attributable;

4 (D) require consistent standards of quality

5 for contract civilian health care personnel pro6 viding support of military treatment facilities

7 under the TRICARE program, including—

8 (i) consistent credentialing require9 ments among military treatment facilities;

10 and

11 (ii) accreditation of health care staff12 ing firms by the Joint Commission on the

13 Accreditation of Health Care Organization

14 Health Care Staffing Standards;

15 (E) remove financial disincentives for mili16 tary treatment facilities and civilian contractors

17 to initiate and sustain agreements for the sup18 port of military treatment facilities by such con19 tractors under the TRICARE program;

20 (F) provide for a consistent process across

21 all regions of the TRICARE program for devel22 oping cost benefit analyses of agreements for

23 the support of military treatment facilities by

24 civilian contractors under the TRICARE pro25 gram based on actual cost and utilization data
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1 within each region of the TRICARE program;

2 and

3 (G) provide for a system for tracking the

4 performance of each project for support of mili5 tary treatment facilities by a civilian contractor

6 under the TRICARE program.

7 (d) REPORTS TO CONGRESS.—

8 (1) ANNUAL REPORTS REQUIRED.—Not later

9 than February 1 each year, the Secretary shall sub10 mit to the congressional defense committees a report

11 on the support of military treatment facilities by ci12 vilian contractors under the TRICARE program

13 during the preceding fiscal year.

14 (2) ELEMENTS.—Each report shall set forth,

15 for the fiscal year covered by such report, the fol16 lowing:

17 (A) The status of the support of military

18 health treatment facilities that is provided by

19 contract civilian health care personnel under the

20 TRICARE program in each region of the

21 TRICARE program.

22 (B) An assessment of the compliance of

23 such support with regional requirements under

24 subsection (a).
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1 (C) The number and type of agreements

2 for the support of military treatment facilities

3 by contract civilian health care personnel.

4 (D) The standards of quality in effect

5 under the requirements under subsection (a).

6 (E) The savings anticipated, and any sav7 ings achieved, as a result of the implementation

8 of the requirements under subsection (a).

9 SEC. 727. UNIFORM STANDARDS FOR ACCESS TO HEALTH

10 CARE SERVICES FOR WOUNDED OR INJURED

11 SERVICEMEMBERS.

12 (a) UNIFORM STANDARDS REQUIRED.—The Sec13 retary of Defense shall prescribe in regulations uniform

14 standards for the access of wounded or injured members

15 of the Armed Forces to health care services through the

16 military health care system.

17 (b) MATTERS COVERED BY STANDARDS.—The

18 standards required by subsection (a) shall establish uni19 form policy with respect to the following:

20 (1) The access of wounded or injured members

21 of the Armed Forces to emergency care.

22 (2) The access of such members to surgical

23 services.

24 (3) Waiting times for referrals and consulta25 tions of such members by medical personnel, dental
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1 personnel, mental health specialists, and rehabilita2 tive service specialists, including personnel and spe3 cialists with expertise in prosthetics and the in treat4 ment of head, vision, and spinal cord injuries.

5 (4) Waiting times of such members for acute

6 care and for routine follow-up care.

7 (c) REFERRAL TO PROVIDERS OUTSIDE MILITARY

8 HEALTH CARE SYSTEM.—To the extent practicable, the

9 Secretary shall require in the standards under subsection

10 (a) that the standards be met through whatever means

11 or mechanisms possible, including through the referral of

12 members described in that subsection to health care pro13 viders outside the military health care system.

14 (d) TRACKING OF PERFORMANCE.—The standards

15 required by subsection (a) shall require each Secretary

16 concerned to establish mechanisms for tracking the per17 formance of the military health care system under the ju18 risdiction of such Secretary in meeting the requirements

19 for access of wounded or injured members of the Armed

20 Forces to health care services set forth in such standards.

21 (e) SECRETARY CONCERNED DEFINED.—In this sec22 tion, the term ‘‘Secretary concerned’’ has the meaning

23 given that term in section 101(a) of title 10, United States

24 Code.
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1 SEC. 728. DISEASE AND CHRONIC CARE MANAGEMENT.

2 (a) PROGRAM REQUIRED.—Not later than October 1,

3 2007, the Secretary of Defense shall establish and imple4 ment throughout the military health care system a fully5 integrated program on disease and chronic care manage6 ment that provides, to the extent practicable, uniform poli7 cies and practices, and regional execution of such policies

8 and practices, on disease management and chronic care

9 management throughout that system, including both mili10 tary hospitals and clinics and civilian healthcare providers.

11 (b) PURPOSES OF PROGRAM.—The purposes of the

12 program required by subsection (a) are as follows:

13 (1) To facilitate the improvement of the health

14 status of individuals under care in the military

15 health care system.

16 (2) To ensure the availability of effective health

17 care services in that system for individuals with dis18 eases and other chronic conditions.

19 (3) To ensure the proper allocation of health

20 care resources for individuals who need care for dis21 ease or other chronic conditions.

22 (c) ELEMENTS.—The program required by sub23 section (a) shall meet the following requirements:

24 (1) Based on uniform policies prescribed by the

25 Secretary under subsection (a), the program shall, at
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1 a minimum, address the following chronic diseases

2 and conditions:

3 (A) Diabetes.

4 (B) Cancer.

5 (C) Heart disease.

6 (D) Asthma.

7 (E) Chronic obstructive pulmonary dis8 order.

9 (F) Depression and anxiety disorders.

10 (2) The program shall meet nationally-recog11 nized accreditation standards for disease and chronic

12 care management.

13 (3) The program shall include specific outcome

14 measures and objectives on disease and chronic care

15 management.

16 (4) The program shall include strategies for

17 disease and chronic care management for all bene18 ficiaries, including beneficiaries eligible for benefits

19 under the Medicare program under title XVIII of

20 the Social Security Act (42 U.S.C. 1395 et seq.), for

21 whom the TRICARE program is not the primary

22 payer for health care benefits.

23 (5) Activities under the program shall conform

24 to applicable laws and regulations relating to the

25 confidentiality of health care information.
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1 (d) DESIGN OF CERTAIN PORTIONS OF PROGRAM.—

2 As part of the program required under subsection (a), the

3 Secretary may contract for the design of a disease and

4 chronic care management program for the military health

5 care system.

6 (e) ACTIONS TO FACILITATE PROGRAM.—In order to

7 facilitate the carrying out of the program required by sub8 section (a), the Secretary shall—

9 (1) require a comprehensive analysis of the dis10 ease and chronic care management opportunities

11 within each region of the TRICARE program, in12 cluding within military treatment facilities and

13 through contractors under the TRICARE program;

14 (2) ensure continuous, adequate funding of dis15 ease and chronic care management activities

16 throughout the military health care system in order

17 to achieve maximum health outcomes and cost avoid18 ance;

19 (3) eliminate, to the extent practicable, any fi20 nancial disincentives to sustained investment by mili21 tary hospitals and health care services contractors of

22 the Department of Defense in the disease and chron23 ic care management activities of the Department;
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1 (4) ensure that appropriate clinical and claims

2 data, including pharmacy utilization data, is avail3 able for use in implementing the program;

4 (5) ensure outreach to eligible beneficiaries,

5 who, on the basis of their clinical conditions, are

6 candidates for the program utilizing print and elec7 tronic media, telephone, and personal interaction;

8 and

9 (6) provide a system for monitoring improve10 ments in health status and clinical outcomes under

11 the program and savings associated with the pro12 gram.

13 (f) COMPTROLLER GENERAL REPORT.—Not later

14 than September 15, 2007, the Comptroller General of the

15 United States shall submit to the congressional defense

16 committees a report on the program required by sub17 section (a). The report shall include the following:

18 (1) An assessment of the progress made toward

19 implementation of the program.

20 (2) A description and assessment of the inte21 gration of disease and chronic care management

22 strategies in the regional business plan of the

23 TRICARE Regional Offices.
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1 (3) An assessment of the readiness of the De2 partment to implement the program by October 1,

3 2007.

4 (g) SECRETARY OF DEFENSE REPORTS.—

5 (1) IN GENERAL.—Not later than January 1,

6 2008, and every year thereafter, the Secretary shall

7 submit to the congressional defense committees a re8 port on the program required by subsection (a).

9 (2) REPORT ELEMENTS.—Each report required

10 by this subsection shall include the following:

11 (A) An assessment of the program during

12 the one-year period ending on the date of such

13 report.

14 (B) A description and assessment of im15 provements in health status and clinical out16 comes.

17 (C) A description of the savings and return

18 on investment associated with the program.

19 (D) A description of an investment strat20 egy to assure the sustainment of the disease

21 and chronic care management programs of the

22 Department of Defense.
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1 SEC. 729. POST-DEPLOYMENT HEALTH ASSESSMENTS FOR

2 MEMBERS OF THE ARMED FORCES RETURN3 ING FROM DEPLOYMENT IN SUPPORT OF A

4 CONTINGENCY OPERATION.

5 (a) IN GENERAL.—Not later than 60 days after the

6 date of the enactment of this Act, the Secretary of Defense

7 shall prescribe in regulations requirements applicable to

8 the conduct of post-deployment health assessments for

9 members of the Armed Forces returning from deployment

10 in support of a contingency operation.

11 (b) GENERAL REQUIREMENTS.—The regulations pre12 scribed under subsection (a) shall require the following:

13 (1) That a health assessment be conducted on

14 each member of the Armed Forces returning from

15 deployment in support of a contingency operation

16 within such time after the return of such member

17 from deployment as the Secretary shall specify in

18 the regulations.

19 (2) That each health assessment be conducted

20 by a healthcare provider having such qualifications

21 as the Secretary shall specify in the regulations.

22 (3) That each health assessment assess such

23 health-related matters as the Secretary shall specify

24 in the regulations, including an assessment of men25 tal health (including Traumatic Brain Injury (TBI))

26 for referral of a member for further evaluation relat-
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1 ing to mental health (including evaluation of the ef2 fects of combat or operational stress).

3 (4) That the results of each health assessment

4 be stored in a centralized data base maintained by

5 the Secretary under this section.

6 (c) ASSESSMENTS OF MENTAL HEALTH.—

7 (1) CRITERIA FOR REFERRAL FOR FURTHER

8 EVALUATIONS.—The regulations prescribed under

9 subsection (a) shall include—

10 (A) criteria to be utilized by healthcare

11 providers in determining whether to refer a

12 member of the Armed Forces for further eval13 uation relating to mental health (including

14 Traumatic Brain Injury);

15 (B) mechanisms to ensure that healthcare

16 providers are trained in the application of such

17 criteria in making such determinations; and

18 (C) mechanisms for oversight to ensure

19 that healthcare providers apply such criteria

20 consistently.

21 (2) AVAILABILITY OF REFERRAL.—Under the

22 regulations, a copy of a referral of a member for fur23 ther evaluation relating to mental health shall be—

24 (A) provided to the member;
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1 (B) placed in the healthcare record of the

2 member that is maintained by the Department

3 of Defense; and

4 (C) provided to the healthcare manager of

5 the member.

6 (3) TRACKING MECHANISMS.—The regulations

7 shall include mechanisms to ensure that a member

8 who receives a referral for further evaluation relat9 ing to mental health receives such evaluation and ob10 tains such care and services as are warranted.

11 (4) QUALITY ASSURANCE.—The regulations

12 shall include a requirement that the Department ad13 dress, as part of the deployment health assessment

14 quality assurance program of the Department, the

15 following:

16 (A) The types of healthcare providers con17 ducting post-deployment health assessments.

18 (B) The training received by such pro19 viders applicable to the conduct of such assess20 ments, including training on assessments and

21 referrals relating to mental health.

22 (C) The guidance available to such pro23 viders on how to apply the criteria prescribed

24 under paragraph (1)(A) in determining whether

25 to make a referral for further evaluation of a
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1 member of the Armed Forces relating to mental

2 health.

3 (D) The effectiveness of the tracking

4 mechanisms required under paragraph (3) in

5 ensuring that members who receive referrals for

6 further evaluations relating to mental health re7 ceive such evaluations and obtain such care and

8 services as are warranted.

9 (d) COMPTROLLER GENERAL REPORTS ON IMPLE10 MENTATION OF REQUIREMENTS.—

11 (1) STUDY ON IMPLEMENTATION.—The Comp12 troller General of the United States shall carry out

13 a study of the implementation of the requirements

14 prescribed under this section.

15 (2) PERIODIC EVALUATION OF MENTAL

16 HEALTH ASSESSMENT PROCESSES.—The Comp17 troller General shall, on a periodic basis, evaluate

18 the following:

19 (A) The compliance of the Department of

20 Defense and healthcare providers with the re21 quirements under this section applicable to the

22 assessment and referral of members of the

23 Armed Forces relating to mental health.

24 (B) The effectiveness of the processes

25 under such requirements in addressing the
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1 mental health care needs of members returning

2 from deployments overseas.

3 (3) REPORTS.—(A) Not later than March 1,

4 2007, the Comptroller General shall submit to the

5 Committees on Armed Services of the Senate and

6 the House of Representatives a report on the study

7 carried out under paragraph (1).

8 (B) Upon completion of an evaluation under

9 paragraph (2), the Comptroller General shall submit

10 to the committees of Congress referred to in sub11 paragraph (A) a report on such evaluation.

12 (e) CONTINGENCY OPERATION DEFINED.—In this

13 section, the term ‘‘contingency operation’’ has the mean14 ing given that term in section 101(a)(13) of title 10,

15 United States Code.

16 SEC. 730. MENTAL HEALTH SELF-ASSESSMENT PROGRAM.

17 (a) FINDING.—Congress finds that the Mental

18 Health Self-Assessment Program (MHSAP) of the De19 partment of Defense is vital to the overall health and well20 being of deploying members of the Armed Forces and their

21 families because that program provides—

22 (1) a non-threatening, voluntary, anonymous

23 self-assessment of mental health that is effective in

24 helping to detect mental health and substance abuse

25 conditions;
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1 (2) awareness regarding warning signs of such

2 conditions; and

3 (3) information and outreach to members of the

4 Armed Forces (including members of the National

5 Guard and Reserves) and their families on specific

6 services available for such conditions.

7 (b) EXPANSION OF PROGRAM.—The Secretary of De8 fense shall, acting through the Office of Health Affairs

9 of the Department of Defense, take appropriate actions

10 to expand the Mental Health Self-Assessment Program in

11 order to achieve the following:

12 (1) The continuous availability of the assess13 ment under the program to members and former

14 members of the Armed Forces in order to ensure the

15 long-term availability of the diagnostic mechanisms

16 of the assessment to detect mental health conditions

17 that may emerge over time.

18 (2) The availability of programs and services

19 under the program to address the mental health of

20 dependent children of members of the Armed Forces

21 who have been deployed or mobilized.

22 (c) OUTREACH.—The Secretary shall develop and im23 plement a plan to conduct outreach and other appropriate

24 activities to expand and enhance awareness of the Mental

25 Health Self-Assessment Program, and the programs and
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1 services available under that program, among members of

2 the Armed Forces (including members of the National

3 Guard and Reserves) and their families.

4 (d) REPORTS.—Not later than one year after the date

5 of the enactment of this Act, the Secretary shall submit

6 to Congress a report on the actions undertaken under this

7 section during the one-year period ending on the date of

8 such report.

9 SEC. 731. ADDITIONAL AUTHORIZED OPTION PERIODS FOR

10 EXTENSION OF CURRENT CONTRACTS UNDER

11 TRICARE.

12 (a) ADDITIONAL NUMBER OF AUTHORIZED PERI13 ODS.—

14 (1) IN GENERAL.—The Secretary of Defense,

15 after consulting with the other administering Secre16 taries, may extend any contract for the delivery of

17 health care entered into under section 1097 of title

18 10, United States Code, that is in force on the date

19 of the enactment of this Act by one year, and upon

20 expiration of such extension by one additional year,

21 if the Secretary determines that such extension—

22 (A) is in the best interests of the United

23 States; and

24 (B) will—
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1 (i) facilitate the effective administra2 tion of the TRICARE program; or

3 (ii) ensure continuity in the delivery

4 of health care under the TRICARE pro5 gram.

6 (2) LIMITATION ON NUMBER OF EXTEN7 SIONS.—The total number of one-year extensions of

8 a contract that may be granted under paragraph (1)

9 may not exceed 2 extensions.

10 (3) NOTICE AND WAIT.—The Secretary may

11 not commence the exercise of the authority in para12 graph (1) until 30 days after the date on which the

13 Secretary submits to the congressional defense com14 mittees a report setting forth the minimum level of

15 performance by an incumbent contractor under a

16 contract covered by such paragraph that will be re17 quired by the Secretary in order to be eligible for an

18 extension authorized by such paragraph.

19 (4) DEFINITIONS.—In this subsection, the

20 terms ‘‘administering Secretaries’’ and ‘‘TRICARE

21 program’’ have the meaning given such terms in sec22 tion 1072 of title 10, United States Code.

23 (b) REPORT ON CONTRACTING MECHANISMS FOR

24 HEALTH CARE SERVICE SUPPORT CONTRACTS.—Not

25 later than 180 days after the date of the enactment of
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1 this Act, the Secretary shall submit to the congressional

2 defense committees a report on contracting mechanisms

3 under consideration for future contracts for health care

4 service support under section 1097 of title 10, United

5 States Code. The report shall include an assessment of

6 the advantages and disadvantages for the Department of

7 Defense (including the potential for stimulating competi8 tion and the effect on health care beneficiaries of the De9 partment) of providing in such contracts for a single term

10 of 5 years, with a single optional period of extension of

11 an additional 5 years if performance under such contract

12 is rated as ‘‘excellent’’.

13 SEC. 732. MILITARY VACCINATION MATTERS.

14 (a) ADDITIONAL ELEMENT FOR COMPTROLLER GEN15 ERAL STUDY AND REPORT ON VACCINE HEALTHCARE

16 CENTERS.—Section 736(b) of the National Defense Au17 thorization Act for Fiscal Year 2006 (Public Law 109–

18 163; 119 Stat. 3356) is amended by adding at the end

19 the following new paragraph:

20 ‘‘(10) The feasibility and advisability of trans21 ferring direct responsibility for the Centers from the

22 Army Medical Command to the Under Secretary of

23 Defense for Personnel and Readiness and the Assist24 ant Secretary of Defense for Force Protection and

25 Readiness.’’.
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1 (b) RESPONSE TO MEDICAL NEEDS ARISING FROM

2 MANDATORY MILITARY VACCINATIONS.—

3 (1) IN GENERAL.—The Secretary of Defense

4 shall maintain a joint military medical center of ex5 cellence focusing on the medical needs arising from

6 mandatory military vaccinations.

7 (2) ELEMENTS.—The joint military medical

8 center of excellence under paragraph (1) shall con9 sist of the following:

10 (A) The Vaccine Healthcare Centers of the

11 Department of Defense, which shall be the prin12 cipal elements of the center.

13 (B) Any other elements that the Secretary

14 considers appropriate.

15 (3) AUTHORIZED ACTIVITIES.—In acting as the

16 principal elements of the joint military medical cen17 ter under paragraph (1), the Vaccine Healthcare

18 Centers referred to in paragraph (2)(A) may carry

19 out the following:

20 (A) Medical assistance and care to individ21 uals receiving mandatory military vaccines and

22 their dependents, including long-term case man23 agement for adverse events where necessary.
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1 (B) Evaluations to identify and treat po2 tential and actual health effects from vaccines

3 before and after their use in the field.

4 (C) The development and sustainment of a

5 long-term vaccine safety and efficacy registry.

6 (D) Support for an expert clinical advisory

7 board for case reviews related to disability as8 sessment questions.

9 (E) Long-term and short-term studies to

10 identify unanticipated benefits and adverse

11 events from vaccines.

12 (F) Educational outreach for immunization

13 providers and those required to receive immuni14 zations.

15 (G) The development, dissemination, and

16 validation of educational materials for Depart17 ment of Defense healthcare workers relating to

18 vaccine safety, efficacy, and acceptability.

19 (c) LIMITATION ON RESTRUCTURING OF VACCINE

20 HEALTHCARE CENTERS.—

21 (1) LIMITATION.—The Secretary of Defense

22 may not downsize or otherwise restructure the Vac23 cine Healthcare Centers of the Department of De24 fense until the Secretary submits to Congress a re25 port setting forth a plan for meeting the immuniza-
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1 tion needs of the Armed Forces during the 10-year

2 period beginning on the date of the submittal of the

3 report.

4 (2) REPORT ELEMENTS.—The report submitted

5 under paragraph (1) shall include the following:

6 (A) An assessment of the potential biologi7 cal threats to members of the Armed Forces

8 that are addressable by vaccine.

9 (B) An assessment of the distance and

10 time required to travel to a Vaccine Healthcare

11 Center by members of the Armed Forces who

12 have severe reactions to a mandatory military

13 vaccine.

14 (C) An identification of the most effective

15 mechanisms for ensuring the provision services

16 by the Vaccine Healthcare Centers to both mili17 tary medical professionals and members of the

18 Armed Forces.

19 (D) An assessment of current military and

20 civilian expertise with respect to mass adult im21 munization programs, including case manage22 ment under such programs for rare adverse re23 actions to immunizations.

24 (E) An organizational structure for each

25 military department to ensure support of the
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1 Vaccine Healthcare Centers in the provision of

2 services to members of the Armed Forces.

3 SEC. 733. ENHANCED MENTAL HEALTH SCREENING AND

4 SERVICES FOR MEMBERS OF THE ARMED

5 FORCES.

6 (a) REQUIRED ELEMENTS OF ASSESSMENTS.—Each

7 pre-deployment mental health assessment of a member of

8 the Armed Forces, shall include the following:

9 (1) A mental health history of the member,

10 with emphasis on mental health status during the

11 12-month period ending on the date of the assess12 ment and a review of military service during that pe13 riod.

14 (2) An assessment of the current treatment of

15 the member, and any use of psychotropic medica16 tions by the member, for a mental health condition

17 or disorder.

18 (3) An assessment of any behavior of the mem19 ber identified by the member’s commanding officer

20 that could indicate the presence of a mental health

21 condition.

22 (4) Information provided by the member

23 (through a checklist or other means) on the presence

24 of any serious mental illness or any symptoms indi25 cating a mental health condition or disorder.
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1 (b) REFERRAL FOR FURTHER EVALUATION.—Each

2 member of the Armed Forces who is determined during

3 a pre-deployment or post-deployment mental health as4 sessment to have, or have symptoms or indicators for, a

5 mental health condition or disorder shall be referred to

6 a qualified health care professional with experience in the

7 evaluation and diagnosis of mental health conditions.

8 (c) REFERRAL OF MEMBERS DEPLOYED IN CONTIN9 GENCY OR COMBAT OPERATIONS.—Any member of the

10 Armed Forces called or ordered to active duty in support

11 of contingency or combat operations who requests access

12 to mental health care services any time before, during, or

13 after deployment shall be provided access to such

14 services—

15 (1) not later than 72 hours after the making of

16 such request; or

17 (2) at the earliest practicable time thereafter.

18 (d) MINIMUM MENTAL HEALTH STANDARDS FOR

19 DEPLOYMENT.—

20 (1) STANDARDS REQUIRED.—The Secretary of

21 Defense shall prescribe in regulations minimum

22 standards for mental health for the eligibility of a

23 member of the Armed Forces for deployment to a

24 combat operation or contingency operation.
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1 (2) ELEMENTS.—The standards required by

2 paragraph (1) shall include the following:

3 (A) A specification of the mental health

4 conditions, treatment for such conditions, and

5 receipt of psychotropic medications for such

6 conditions that preclude deployment of a mem7 ber of the Armed Forces to a combat operation

8 or contingency operation, or to a specified type

9 of such operation.

10 (B) Guidelines for the deployability and

11 treatment of members of the Armed Forces di12 agnosed with a severe mental illness or Post

13 Traumatic Stress Disorder (PTSD).

14 (3) UTILIZATION.—The Secretary shall take

15 appropriate actions to ensure the utilization of the

16 standards prescribed under paragraph (1) in the

17 making of determinations regarding the deployability

18 of members of the Armed Forces to a combat oper19 ation or contingency operation.

20 (e) MONITORING OF CERTAIN INDIVIDUALS.—The

21 Secretary of Defense shall develop a plan, to be imple22 mented throughout the Department of Defense, for moni23 toring the mental health of each member of the Armed

24 Forces who, after deployment to a combat operation or

25 contingency operation, is known—
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1 (1) to have a mental health condition or dis2 order; or

3 (2) to be receiving treatment, including psycho4 tropic medications, for a mental health condition or

5 disorder.

6 (f) IMPLEMENTATION.—Not later than six months

7 after the date of the enactment of this Act, the Secretary

8 of Defense shall submit to the Committees on Armed Serv9 ices of the Senate and the House or Representatives a re10 port on the actions taken to implement the requirements

11 of this section.

12 SEC. 734. EDUCATION, TRAINING, AND SUPERVISION OF

13 PERSONNEL PROVIDING SPECIAL EDU14 CATION SERVICES UNDER EXTENDED BENE15 FITS UNDER TRICARE.

16 Section 1079(d)(2) of title 10, United States Code

17 is amended by adding at the end the following: ‘‘The regu18 lations shall include the following:

19 ‘‘(A) Requirements for education, training, and

20 supervision of individuals providing special education

21 services known as Applied Behavioral Analysis under

22 this subsection that are in addition to any other edu23 cation, training, and supervision requirements appli24 cable to Board Certified Behavior Analysts or Board

25 Certified Associate Behavior Analysts or are other-
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1 wise applicable to personnel providing such services

2 under applicable State law.

3 ‘‘(B) Metrics to identify and measure the avail4 ability and distribution of individuals of various ex5 pertise in Applied Behavioral Analysis in order to

6 evaluate and assure the availability of qualified per7 sonnel to meet needs for Applied Behavioral Anal8 ysis under this subsection.’’.

9 Subtitle C—Studies and Reports

10 SEC. 741. PILOT PROJECTS ON EARLY DIAGNOSIS AND

11 TREATMENT OF POST TRAUMATIC STRESS

12 DISORDER AND OTHER MENTAL HEALTH

13 CONDITIONS.

14 (a) PILOT PROJECTS REQUIRED.—The Secretary of

15 Defense shall carry out not less than three pilot projects

16 to evaluate the efficacy of various approaches to improving

17 the capability of the military and civilian health care sys18 tems to provide early diagnosis and treatment of Post

19 Traumatic Stress Disorder (PTSD) and other mental

20 health conditions.

21 (b) DURATION.—The requirement to carry out pilot

22 projects under this section shall commence on October 1,

23 2007. Any pilot projects carried out under this section

24 shall cease on September 30, 2008.

25 (c) PILOT PROJECT REQUIREMENTS.—
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1 (1) MOBILIZATION-DEMOBILIZATION FACIL2 ITY.—

3 (A) IN GENERAL.—One of the pilot

4 projects under this section shall be carried out

5 at a military medical facility at a large military

6 installation at which the mobilization or demo7 bilization of members of the Armed Forces oc8 curs.

9 (B) ELEMENTS.—The pilot project under

10 this paragraph shall be designed to evaluate

11 and produce effective diagnostic and treatment

12 approaches for use by primary care providers in

13 the military health care system in order to im14 prove the capability of such providers to diag15 nose and treat Post Traumatic Stress Disorder

16 in a manner that avoids the referral of patients

17 to specialty care by a psychiatrist or other men18 tal health professional.

19 (2) NATIONAL GUARD OR RESERVE FACILITY.—

20 (A) IN GENERAL.—One of the pilot

21 projects under this section shall be carried out

22 at the location of a National Guard or Reserve

23 unit or units that are located more than 40

24 miles from a military medical facility and whose
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1 personnel are served primarily by civilian com2 munity health resources.

3 (B) ELEMENTS.—The pilot project under

4 this paragraph shall be designed—

5 (i) to evaluate approaches for pro6 viding evidence-based clinical information

7 on Post Traumatic Stress Disorder to civil8 ian primary care providers; and

9 (ii) to develop educational materials

10 and other tools for use by members of the

11 National Guard or Reserve who come into

12 contact with other members of the Na13 tional Guard or Reserve who may suffer

14 from Post Traumatic Stress Disorder in

15 order to encourage and facilitate early re16 porting and referral for treatment.

17 (3) INTERNET-BASED DIAGNOSIS AND TREAT18 MENT.—One of the pilot projects under this section

19 shall be designed to evaluate—

20 (A) Internet-based automated tools avail21 able to military and civilian health care pro22 viders for the early diagnosis and treatment of

23 Post Traumatic Stress Disorder, and for track24 ing patients who suffer from Post Traumatic

25 Stress Disorder; and
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1 (B) Internet-based tools available to family

2 members of members of the Armed Forces in

3 order to assist such family members in the

4 identification of the emergence of Post Trau5 matic Stress Disorder.

6 (d) EVALUATION OF PILOT PROJECTS.—The Sec7 retary shall evaluate each pilot project carried out under

8 this section in order to assess the effectiveness of the ap9 proaches taken under such pilot project—

10 (1) to improve the capability of the military and

11 civilian health care systems to provide early diag12 nosis and treatment of Post Traumatic Stress Dis13 order and other mental health conditions among

14 members of the regular components of the Armed

15 Forces, and among members of the National Guard

16 and Reserves, who have returned from deployment;

17 and

18 (2) to provide outreach to the family members

19 of the members of the Armed Forces described in

20 paragraph (1) on Post Traumatic Stress Disorder

21 and other mental health conditions among such

22 members of the Armed Forces.

23 (e) REPORT TO CONGRESS.—

24 (1) REPORT REQUIRED.—Not later than De25 cember 31, 2008, the Secretary shall submit to the
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1 congressional defense committees a report on the

2 pilot projects carried out under this section.

3 (2) ELEMENTS.—The report required by para4 graph (1) shall include the following:

5 (A) A description of each pilot project car6 ried out under this section.

7 (B) An assessment of the effectiveness of

8 the approaches taken under each pilot project

9 to improve the capability of the military and ci10 vilian health care systems to provide early diag11 nosis and treatment of Post Traumatic Stress

12 Disorder and other mental health conditions

13 among members of the Armed Forces.

14 (C) Any recommendations for legislative or

15 administrative action that the Secretary con16 siders appropriate in light of the pilot projects,

17 including recommendations on—

18 (i) the training of health care pro19 viders in the military and civilian health

20 care systems on early diagnosis and treat21 ment of Post Traumatic Stress Disorder

22 and other mental health conditions; and

23 (ii) the provision of outreach on Post

24 Traumatic Stress Disorder and other men25 tal health conditions to members of the
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1 National Guard and Reserves who have re2 turned from deployment.

3 (D) A plan, in light of the pilot projects,

4 for the improvement of the health care services

5 provided to members of the Armed Forces in

6 order to better assure the early diagnosis and

7 treatment of Post Traumatic Stress Disorder

8 and other mental health conditions among

9 members of the Armed Forces, including a spe10 cific plan for outreach on Post Traumatic

11 Stress Disorder and other mental health condi12 tions to members of the National Guard and

13 Reserve who have returned from deployment in

14 order to facilitate and enhance the early diag15 nosis and treatment of Post Traumatic Stress

16 Disorder and other mental health conditions

17 among such members of the National Guard

18 and Reserves.

19 (f) FUNDING.—

20 (1) IN GENERAL.—Of the amount authorized to

21 be appropriated by section 303(a) for the Defense

22 Health Program, $10,000,000 shall be available for

23 pilot projects under this section.
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1 (2) AVAILABILITY.—The amount available

2 under paragraph (1) shall remain available until ex3 pended.

4 SEC. 742. ANNUAL REPORTS ON CERTAIN MEDICAL MAL5 PRACTICE CASES.

6 (a) ANNUAL REPORTS TO SECRETARY OF DE7 FENSE.—

8 (1) ANNUAL REPORTS REQUIRED.—Not later

9 than February 1, 2007, and annually thereafter,

10 each Secretary of a military department shall submit

11 to the Secretary of Defense a report on the fol12 lowing:

13 (A) Each case (other than a case involving

14 the treatment of a member of the Armed

15 Forces on active duty) during the preceding cal16 endar year in which—

17 (i) a complaint or claim was made of

18 medical malpractice committed in a med19 ical treatment facility of such military de20 partment or by a health care provider of or

21 employed by such military department; and

22 (ii) either—

23 (I) a judgment was entered

24 against the United States in the

25 amount of $1,000,000 or more; or
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1 (II) an award, compromise, or

2 settlement was entered into by the

3 United States requiring payment by

4 the United States in the amount of

5 $1,000,000 or more.

6 (B) Each case during the preceding cal7 endar year in which the death of, or serious

8 personal injury to, a member of the Armed

9 Forces on active duty occurred as a result of

10 medical malpractice while the member was a

11 patient in a medical treatment facility of such

12 military department or under the care of a

13 health care provider of or employed by such

14 military department.

15 (2) REQUIRED INFORMATION.—The informa16 tion required in a report under paragraph (1) on a

17 case covered by such paragraph shall include the fol18 lowing:

19 (A) A description of the medical mal20 practice involved.

21 (B) A description of the actions, if any,

22 taken with respect to the continued practice in

23 the military health care system of the health

24 care professionals involved.

25 (b) TRANSMITTAL OF REPORTS TO CONGRESS.—
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1 (1) TRANSMITTAL REQUIRED.—Not later than

2 April 1, 2007, and annually thereafter, the Secretary

3 of Defense shall transmit to the congressional de4 fense committees the reports submitted to the Sec5 retary by the Secretaries of the military departments

6 in such year.

7 (2) TRANSMITTAL MATTERS.—In transmitting

8 reports for a year under paragraph (1), the Sec9 retary may include with such reports the following:

10 (A) Any information or recommendations

11 with respect to the matters covered by such re12 ports that the Secretary considers appropriate.

13 (B) A summary of the actions taken dur14 ing the year to address medical malpractice in

15 the military health care system.

16 (c) DISCLOSURE OF INFORMATION.—In submitting

17 or transmitting reports under this section, the Secretaries

18 of the military departments and the Secretary of Defense

19 shall ensure that the information contained in such re20 ports is suitable for disclosure to the public, taking into

21 account the provisions of law as follows:

22 (1) Section 552a of title 5, United States Code

23 (commonly referred to as the ‘‘Privacy Act’’).

24 (2) Laws relating to the protection and con25 fidentiality of medical quality assurance records, in-
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1 cluding the provisions of section 1102 of title 10,

2 United States Code.

3 (3) Any other laws relating to the protection

4 and confidentiality of medical records.

5 SEC. 743. COMPTROLLER GENERAL STUDY ON DEPART6 MENT OF DEFENSE PHARMACY BENEFITS

7 PROGRAM.

8 (a) IN GENERAL.—The Comptroller General of the

9 United States shall conduct a study of the Department

10 of Defense pharmacy benefits program required by section

11 1074g of title 10, United States Code.

12 (b) ELEMENTS.—The study required by subsection

13 (a) shall include an examination of the following:

14 (1) The cost of the Department of Defense

15 pharmacy benefits program since the inception of

16 the program.

17 (2) The relative costs of various options under

18 the program.

19 (3) The copayment structure under the pro20 gram.

21 (4) The effectiveness of the rebate system

22 under the program as a way of passing on discounts

23 received by the Federal Government in the purchase

24 of pharmaceutical agents.
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1 (5) The uniform formulary under the program,

2 including the success of the formulary in achieving

3 savings anticipated through use of the formulary.

4 (6) Various alternative means of purchasing

5 pharmaceutical agents more efficiently for avail6 ability under the program.

7 (7) The composition and decision-making proc8 esses of the Pharmacy and Therapeutics Committee.

9 (8) The composition of the Beneficiary Advisory

10 Panel and its history as an advisory panel under the

11 program (including the frequency of the acceptance

12 of its recommendations by the Secretary of De13 fense).

14 (9) Quality assurance mechanisms under the

15 program.

16 (10) The role of the program in support of the

17 disease and chronic care management programs of

18 the Department of Defense.

19 (11) Mechanisms for customer service and cus20 tomer feedback under the program.

21 (12) Beneficiary satisfaction with the program.

22 (c) RESPONSE TO CERTAIN FINDINGS.—

23 (1) PHARMACY AND THERAPEUTICS COM24 MITTEE.—The Pharmacy and Therapeutics Com25 mittee shall—
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1 (A) examine the results of the study of the

2 Comptroller General under subsection (b)(7);

3 and

4 (B) make such recommendations to the

5 Secretary of Defense for modifications in the

6 composition and decision-making processes of

7 the Committee as the Committee considers ap8 propriate in light of such results in order to im9 prove the efficiency of such processes.

10 (2) BENEFICIARY ADVISORY PANEL.—The Ben11 eficiary Advisory Panel shall—

12 (A) examine the results of the study of the

13 Comptroller General under subsection (b)(8);

14 and

15 (B) make such recommendations to the

16 Secretary of Defense for modifications in the

17 composition and advisory functions of the Panel

18 as the Panel considers appropriate in light of

19 such results in order to—

20 (i) ensure the independence and con21 sumer focus of the Panel;

22 (ii) ensure the participation of the

23 Panel as an advisory board throughout im24 plementation of the Department of De25 fense pharmacy benefits program; and
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1 (iii) achieve more effective commu2 nication between the Secretary and the

3 Panel.

4 (d) REPORT.—Not later than nine months after the

5 date of the enactment of this Act, the Comptroller General

6 shall submit to the congressional defense committees a re7 port on the study required by subsection (a). The report

8 shall include such recommendations as the Comptroller

9 General considers appropriate for legislative or adminis10 trative action to improve the Department of Defense phar11 macy benefits program in light of the study.

12 SEC. 744. COMPTROLLER GENERAL AUDITS OF DEPART13 MENT OF DEFENSE HEALTH CARE COSTS

14 AND COST-SAVING MEASURES.

15 (a) GENERAL AUDIT REQUIRED.—

16 (1) IN GENERAL.—The Comptroller General of

17 the United States shall conduct an audit of the

18 health care costs and cost-saving measures of the

19 Department of Defense in accordance with this sub20 section. The Comptroller General shall conduct the

21 audit in conjunction with the Department of Defense

22 initiative to manage future medical benefits available

23 through the Department known as ‘‘Sustain the

24 Benefit’’.
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1 (2) ELEMENTS.—The audit required by para2 graph (1) shall examine the following:

3 (A) The basis for the calculation by the

4 Department of Defense of the portion of the

5 costs of health care benefits provided by the

6 Department to beneficiaries that were paid by

7 such beneficiaries in each of 1995 and 2005,

8 including—

9 (i) a comparison of the cost to the De10 partment of providing such benefits in

11 each of 1995 and 2005;

12 (ii) the explanation for any increases

13 in the costs of the Department of pro14 viding such benefits between 1995 and

15 2005; and

16 (iii) a comparison of the amounts

17 paid, by category of beneficiaries, for

18 health care benefits in 1995 with the

19 amounts paid, by category of beneficiaries,

20 for such benefits in 2005.

21 (B) The calculations and assumptions uti22 lized by the Department in estimating the sav23 ings anticipated through the implementation of

24 proposed increases in cost-sharing for health

25 care benefits beginning in 2007.
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1 (C) The average annual rate of increase,

2 based on inflation, of medical costs for the De3 partment under the Defense Health Program.

4 (D) The annual rate of growth in the cost

5 of the Defense Health Program that is attrib6 utable to inflation in the cost of medical serv7 ices over the last five years and how such rate

8 of growth compares with annual rates of in9 creases in health care premiums under the Fed10 eral Employee Health Benefit Program and

11 other health care programs as well as rates of

12 growth of other health care cost indices over

13 that time.

14 (E) The assumptions utilized by the De15 partment in estimating savings associated with

16 adjustments in copayments for pharmaceuticals.

17 (F) The costs of the administration of the

18 Defense Health Program and the TRICARE

19 program for all categories of beneficiaries.

20 (c) AUDIT OF TRICARE RESERVE SELECT PRO21 GRAM.—

22 (1) IN GENERAL.—In addition to the audit re23 quired by subsection (a), the Comptroller General

24 shall conduct an audit of the costs of the Depart-
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1 ment of Defense in implementing the TRICARE Re2 serve Select Program.

3 (2) ELEMENTS.—The audit required by para4 graph (1) shall include an examination of the fol5 lowing:

6 (A) A comparison of the annual premium

7 amounts established by the Department of De8 fense for the TRICARE Reserve Select Pro9 gram with the actual costs of the Department

10 in providing benefits under that program in fis11 cal years 2004 and 2005.

12 (B) The rate of inflation of health care

13 costs of the Department during fiscal years

14 2004 and 2005, and a comparison of that rate

15 of inflation with the annual increase in pre16 miums under the TRICARE Reserve Select

17 Program in January 2006.

18 (C) A comparison of the financial and

19 health-care utilization assumptions utilized by

20 the Department in establishing premiums under

21 the TRICARE Reserve Select Program with ac22 tual experiences under that program in the first

23 year of the implementation of that program.

24 (3) TRICARE RESERVE SELECT PROGRAM DE25 FINED.—In this section, the term ‘‘TRICARE Re-
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1 serve Select Program’’ means the program carried

2 out under section 1074d of title 10, United States

3 Code.

4 (d) USE OF INDEPENDENT EXPERTS.—Notwith5 standing any other provision of law, in conducting the au6 dits required by this section, the Comptroller General may

7 engage the services of appropriate independent experts, in8 cluding actuaries.

9 (e) REPORT.—Not later than April 1, 2007, the

10 Comptroller General shall submit to the congressional de11 fense committees a report on the audits conducted under

12 this section. The report shall include—

13 (1) the findings of the Comptroller General as

14 a result of the audits; and

15 (2) such recommendations as the Comptroller

16 General considers appropriate in light of such find17 ings to ensure maximum efficiency in the adminis18 tration of the health care benefits programs of the

19 Department of Defense.

20 SEC. 745. REVIEW OF DEPARTMENT OF DEFENSE MEDICAL

21 QUALITY IMPROVEMENT PROGRAM.

22 (a) REVIEW REQUIRED.—The Secretary of Defense

23 shall enter into a contract with the Institute of Medicine

24 of the National Academy of Sciences, or another similarly

25 qualified independent academic medical organization, for
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1 the purpose of conducting an independent review of the

2 Department of Defense medical quality improvement pro3 gram.

4 (b) ELEMENTS.—The review required pursuant to

5 subsection (a) shall include the following:

6 (1) An assessment of the methods used by the

7 Department of Defense to monitor medical quality

8 in services provided in military hospitals and clinics

9 and in services provided in civilian hospitals and

10 providers under the military health care system.

11 (2) An assessment of the transparency and

12 public reporting mechanisms of the Department on

13 medical quality.

14 (3) An assessment of how the Department in15 corporates medical quality into performance meas16 ures for military and civilian health care providers

17 within the military health care system.

18 (4) An assessment of the patient safety pro19 grams of the Department.

20 (5) A description of the extent to which the De21 partment seeks to address particular medical errors,

22 and an assessment of the adequacy of such efforts.

23 (6) An assessment of accountability within the

24 military health care system for preventable negative

25 outcomes involving negligence.
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1 (7) An assessment of the performance of the

2 health care safety and quality measures of the De3 partment.

4 (8) An assessment of the collaboration of the

5 Department with national initiatives to develop evi6 dence-based quality measures and intervention strat7 egies, especially the initiatives of the Agency for

8 Health Care Research and Quality within the De9 partment of Health and Human Services.

10 (9) A comparison of the methods, mechanisms,

11 and programs and activities referred to in para12 graphs (1) through (8) with similar methods, mecha13 nisms, programs, and activities used in other public

14 and private health care systems and organizations.

15 (c) REPORT.—

16 (1) IN GENERAL.—Not later than one year

17 after the date of the enactment of this Act, the Sec18 retary shall submit to the congressional defense com19 mittees a report on the review required pursuant to

20 subsection (a).

21 (2) ELEMENTS.—The report required by para22 graph (1) shall include the following:

23 (A) The results of the review required pur24 suant to subsection (a).
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1 (B) A discussion of recent highlights in the

2 accomplishments of the Department of Defense

3 medical quality assurance program.

4 (C) Such recommendations for legislative

5 or administrative action as the Secretary con6 siders appropriate for the improvement of the

7 program.

8 SEC. 746. STUDY OF HEALTH EFFECTS OF EXPOSURE TO

9 DEPLETED URANIUM.

10 (a) STUDY.—The Secretary of Defense, in consulta11 tion with the Secretary for Veterans Affairs and the Sec12 retary of Health and Human Services, shall conduct a

13 comprehensive study of the health effects of exposure to

14 depleted uranium munitions on uranium-exposed soldiers

15 and on children of uranium-exposed soldiers who were

16 born after the exposure of the uranium-exposed soldiers

17 to depleted uranium.

18 (b) URANIUM-EXPOSED SOLDIERS.—In this section,

19 the term ‘‘uranium-exposed soldiers’’ means a member or

20 former member of the Armed Forces who handled, came

21 in contact with, or had the likelihood of contact with de22 pleted uranium munitions while on active duty, including

23 members and former members who—

24 (1) were exposed to smoke from fires resulting

25 from the burning of vehicles containing depleted ura-
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1 nium munitions or fires at depots at which depleted

2 uranium munitions were stored;

3 (2) worked within environments containing de4 pleted uranium dust or residues from depleted ura5 nium munitions;

6 (3) were within a structure or vehicle while it

7 was struck by a depleted uranium munition;

8 (4) climbed on or entered equipment or struc9 tures struck by a depleted uranium munition; or

10 (5) were medical personnel who provided initial

11 treatment to members of the Armed Forces de12 scribed in paragraph (1), (2), (3), or (4).

13 (c) REPORT.—Not later than 1 year after the date

14 of enactment of this Act, the Secretary of Defense shall

15 submit a report to Congress on the results of the study

16 described in subsection (a).

17 Subtitle D—Other Matters

18 SEC. 761. EXTENSION OF LIMITATION ON CONVERSION OF

19 MILITARY MEDICAL AND DENTAL POSITIONS

20 TO CIVILIAN MEDICAL AND DENTAL POSI21 TIONS.

22 Section 744(a)(1) of the National Defense Authoriza23 tion Act for Fiscal Year 2006 (Public Law 109–163; 119

24 Stat. 3360; 10 U.S.C. 129c note) is amended—
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1 (1) by inserting ‘‘in a fiscal year’’ before

2 ‘‘until’’;

3 (2) by inserting ‘‘with respect to that fiscal

4 year’’ after ‘‘House of Representatives’’; and

5 (3) by striking the last sentence and inserting

6 the following new sentences: ‘‘The certification with

7 respect to fiscal year 2007 may not be submitted be8 fore June 30, 2006. The certification with respect to

9 any fiscal year after fiscal year 2007 shall be sub10 mitted at the same time the budget of the President

11 for such fiscal year is submitted to Congress pursu12 ant to section 1105(a) of title 31, United States

13 Code.’’.

14 SEC. 762. TRANSFER OF CUSTODY OF THE AIR FORCE

15 HEALTH STUDY ASSETS TO MEDICAL FOL16 LOW-UP AGENCY.

17 (a) TRANSFER.—

18 (1) NOTIFICATION OF PARTICIPANTS.—The

19 Secretary of the Air Force shall notify the partici20 pants of the Air Force Health Study that the study

21 as currently constituted is ending as of September

22 30, 2006. In consultation with the Medical Follow23 Up Agency (in this section referred to as the ‘‘Agen24 cy’’) of the Institute of Medicine of the National

25 Academy of Sciences, the Secretary of the Air Force
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1 shall request the written consent of the participants

2 to transfer their data and biological specimens to the

3 Agency during fiscal year 2007 and written consent

4 for the Agency to maintain the data and specimens

5 and make them available for additional studies.

6 (2) COMPLETION OF TRANSFER.—Custodian7 ship of the Air Force Health Study shall be com8 pletely transferred to the Agency on or before Sep9 tember 30, 2007. Assets to be transferred shall in10 clude electronic data files and biological specimens of

11 all the study participants.

12 (3) COPIES TO ARCHIVES.—The Air Force shall

13 send paper copies of all study documents to the Na14 tional Archives.

15 (b) REPORT ON TRANSFER.—

16 (1) REQUIREMENT.—Not later than 30 days

17 after completion of the transfer of the assets of the

18 Air Force Health Study under subsection (a), the

19 Secretary of the Air Force shall submit to the Com20 mittee on Armed Services of the Senate and the

21 Committee on Armed Services of the House of Rep22 resentatives a report on the transfer.

23 (2) MATTERS COVERED.—At a minimum, the

24 report shall include information on the number of

25 study participants whose data and biological speci-
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1 mens were not transferred, the efforts that were

2 taken to contact such participants, and the reasons

3 why the transfer of their data and specimens did not

4 occur.

5 (c) DISPOSITION OF ASSETS NOT TRANSFERRED.—

6 The Secretary of the Air Force may not destroy any data

7 or biological specimens not transferred under subsection

8 (a) until the expiration of the one-year period following

9 submission of the report under subsection (b).

10 (d) FUNDING.—

11 (1) COSTS OF TRANSFER.—Of the funds avail12 able to the Defense Health Program, the Secretary

13 of Defense may make available to the Air Force

14 $850,000 for preparation, transfer of the assets of

15 the Air Force Health Study and shipment of data

16 and specimens to the Medical Follow-Up Agency and

17 the National Archives during fiscal year 2007 from

18 amounts available from the Department of Defense

19 for that year. The Secretary of Defense is author20 ized to transfer the freezers and other physical as21 sets assigned to the Air Force Health Study to the

22 Agency without charge.

23 (2) COSTS OF COLLABORATION.—Of the funds

24 available to the Defense Health Program, the Sec25 retary of Defense may reimburse the National Acad-
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1 emy of Sciences up to $200,000 for costs of the

2 Medical Follow-Up Agency to collaborate with the

3 Air Force in the transfer and receipt of the assets

4 of the Air Force Health Study to the Agency during

5 fiscal year 2007 from amounts available from the

6 Department of Defense for that year.

7 SEC. 763. SENSE OF SENATE ON THE TRANSFORMATIONAL

8 MEDICAL TECHNOLOGY INITIATIVE OF THE

9 DEPARTMENT OF DEFENSE.

10 (a) FINDINGS.—The Senate finds the following:

11 (1) The most recent Quadrennial Defense Re12 view and other studies have identified the need to

13 develop broad-spectrum medical countermeasures

14 against the threat of genetically engineered bioterror

15 agents.

16 (2) The Transformational Medical Technology

17 Initiative of the Department of Defense implements

18 cutting edge transformational medical technologies

19 and applies them to address the challenges of

20 known, emerging, and bioengineered threats.

21 (3) The Transformational Medical Technology

22 Initiative is designed to provide such technologies in

23 a much shorter timeframe, and at lower cost, than

24 is required with traditional approaches.
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1 (b) SENSE OF SENATE.—It is the sense of the Senate

2 that—

3 (1) the Transformational Medical Technology

4 Initiative is an important effort to provide needed

5 capability within the Department of Defense to field

6 effective broad-spectrum countermeasures against a

7 significant array of current and future biological

8 threats; and

9 (2) innovative technological approaches to

10 achieve broad-spectrum medical countermeasures are

11 a necessary component of the capacity of the De12 partment to provide chemical-biological defense and

13 force protection capabilities for the Armed Forces.

14 TITLE VIII—ACQUISITION POL15 ICY, ACQUISITION MANAGE16 MENT, AND RELATED MAT17 TERS

18 Subtitle A—Acquisition Policy and

19 Management

20 SEC. 801. ADDITIONAL CERTIFICATION REQUIREMENTS

21 FOR MAJOR DEFENSE ACQUISITION PRO22 GRAMS.

23 (a) ADDITIONAL CERTIFICATION REQUIREMENTS.—

24 Subsection (a) of section 2366a of title 10, United States

25 Code, is amended—
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1 (1) in paragraph (6), by striking ‘‘and’’ at the

2 end;

3 (2) redesignating paragraph (7) as paragraph

4 (10); and

5 (3) by inserting after paragraph (6) the fol6 lowing new paragraphs:

7 ‘‘(7) the program is needed to meet validated

8 requirements consistent with the national military

9 strategy;

10 ‘‘(8) reasonable estimates have been developed

11 to execute the product development and production

12 plan under the program;

13 ‘‘(9) funding is available to execute the product

14 development and production plan under the program

15 consistent with the estimates described in paragraph

16 (8) for the program; and’’.

17 (b) WAIVER FOR NATIONAL SECURITY.—Subsection

18 (c) of such section is amended by striking ‘‘(5), or (6)’’

19 and inserting ‘‘(5), (6), (7), (8), or (9)’’.

20 SEC. 802. EXTENSION AND ENHANCEMENT OF DEFENSE AC21 QUISITION CHALLENGE PROGRAM.

22 (a) PRIORITY FOR PROPOSALS FROM CERTAIN BUSI23 NESSES.—Paragraph (5) of subsection (b) of section

24 2359b of title 10, United States Code, is amended to read

25 as follows:
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1 ‘‘(5) The Under Secretary—

2 ‘‘(A) may establish procedures to ensure that

3 the Challenge Program does not become an avenue

4 for the repetitive submission of proposals that have

5 been previously reviewed and found not to have

6 merit; and

7 ‘‘(B) may establish procedures to ensure that

8 the Challenge Program establishes appropriate prior9 ities for proposals from businesses that are not

10 major contractors with the Department of De11 fense.’’.

12 (b) EXTENSION.—Subsection (j) of such section is

13 amended by striking ‘‘September 30, 2007’’ and inserting

14 ‘‘September 30, 2012’’.

15 SEC. 803. BASELINE DESCRIPTION AND UNIT COST RE16 PORTS FOR MAJOR DEFENSE ACQUISITION

17 PROGRAMS.

18 (a) SPECIFICATION OF ORIGINAL BASELINE ESTI19 MATE.—Section 2435(d)(1) of title 10, United States

20 Code, is amended by inserting after ‘‘with respect to the

21 program under subsection (a)’’ the following: ‘‘in prepara22 tion for entry into system development and demonstration,

23 or at program initiation, whichever occurs later’’.
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1 (b) REPORTS TO CONGRESS ON CERTAIN COST IN2 CREASES.—Section 2433(e)(1) of such title is amended by

3 adding at the end the following new subparagraph:

4 ‘‘(C) If the Secretary concerned determines that the

5 program acquisition unit cost or procurement unit cost of

6 a major defense acquisition program has increased by a

7 percentage equal to or greater than the significant cost

8 growth threshold for the program and a Selected Acquisi9 tion Report has been submitted to Congress under sub10 paragraph (A) or (B), each subsequent quarterly or com11 prehensive annual Selected Acquisition Report shall in12 clude the information required by subsection (g). No fur13 ther report on increases in the program acquisition unit

14 cost or procurement unit cost shall be required under sub15 section (c) or (d) unless the program manager has reason16 able cause to believe that the program acquisition unit cost

17 or procurement unit cost has increased by a percentage

18 equal to or greater than the critical cost growth thresh19 old.’’.

20 SEC. 804. MAJOR AUTOMATED INFORMATION SYSTEM PRO21 GRAMS.

22 (a) REPORTS AND INFORMATION ON PROGRAM COST

23 AND PERFORMANCE.—
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1 (1) IN GENERAL.—Part IV of subtitle A of title

2 10, United States Code, is amended by inserting

3 after chapter 144 the following new chapter:

4 ‘‘CHAPTER 144A—MAJOR AUTOMATED

5 INFORMATION SYSTEM PROGRAMS

‘‘Sec.

‘‘2445a. Major automated information system program defined.

‘‘2445b. Cost, schedule, and performance information.

‘‘2445c. Reports: quarterly reports; reports on program changes.

‘‘2445d. Construction with other reporting requirements.

6 ‘‘§ 2445a. Major automated information system pro7 gram defined

8 ‘‘(a) IN GENERAL.—In this chapter, the term ‘major

9 automated information system program’ means a Depart10 ment of Defense program for the acquisition of an auto11 mated information system (either as a product or a serv12 ice) if—

13 ‘‘(1) the program is designated by the Secretary

14 of Defense, or a designee of the Secretary, as a

15 major automated information system program; or

16 ‘‘(2) the dollar value of the program is esti17 mated to exceed—

18 ‘‘(A) $32,000,000 in fiscal year 2000 con19 stant dollars for all program costs in a single

20 fiscal year;
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1 ‘‘(B) $126,000,000 in fiscal year 2000

2 constant dollars for all program acquisition

3 costs for the entire program; or

4 ‘‘(C) $378,000,000 in fiscal year 2000 con5 stant dollars for the total life-cycle costs of the

6 program (including operation and maintenance

7 costs).

8 ‘‘(b) ADJUSTMENT.—The Secretary of Defense may

9 adjust the amounts (and base fiscal year) set forth in sub10 section (a) on the basis of Department of Defense esca11 lation rates. An adjustment under this subsection shall be

12 effective after the Secretary transmits a written notifica13 tion of the adjustment to the congressional defense com14 mittees.

15 ‘‘(c) INCREMENTS.—In the event any increment of a

16 major automated information system program separately

17 meets the requirements for treatment as a major auto18 mated information system program, the provisions of this

19 chapter shall apply to such increment as well as to the

20 overall major automated information system program of

21 which such increment is a part.

22 ‘‘§ 2445b. Cost, schedule, and performance informa23 tion

24 ‘‘(a) SUBMITTAL OF COST, SCHEDULE, AND PER25 FORMANCE INFORMATION.—The Secretary of Defense
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1 shall submit to Congress each calendar year, not later

2 than 45 days after the President submits to Congress the

3 budget for a fiscal year under section 1105 of title 31,

4 budget justification documents regarding cost, schedule,

5 and performance for each major automated information

6 system program for which funds are requested by the

7 President in the budget.

8 ‘‘(b) ELEMENTS.—The documents submitted under

9 subsection (a) with respect to a major automated informa10 tion system program shall include detailed and summa11 rized information with respect to the automated informa12 tion system to be acquired under the program, and shall

13 specifically include each of the following:

14 ‘‘(1) The development schedule, including major

15 milestones.

16 ‘‘(2) The implementation schedule, including es17 timates of milestone dates, initial operational capa18 bility, and full operational capability.

19 ‘‘(3) Estimates of development costs and full

20 life-cycle costs.

21 ‘‘(4) A summary of key performance param22 eters.

23 ‘‘(c) BASELINE.—(1) For purposes of this chapter,

24 the initial submittal to Congress of the documents re25 quired by subsection (a) with respect to a major auto-
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1 mated information system program shall constitute the

2 original estimate or information originally submitted on

3 such program for purposes of the reports and determina4 tions on program changes in section 2445c of this title.

5 ‘‘(2) An adjustment or revision of the original esti6 mate or information originally submitted on a program

7 may be treated as the original estimate or information

8 originally submitted on the program if the adjustment or

9 revision is the result of a critical change in the program

10 covered by section 2445c(d) of this title.

11 ‘‘(3) In the event of an adjustment or revision to the

12 original estimate or information originally submitted on

13 a program under paragraph (2), the Secretary of Defense

14 shall include in the next budget justification documents

15 submitted under subsection (a) after such adjustment or

16 revision a notification to the congressional defense com17 mittees of such adjustment or revision, together with the

18 reasons for such adjustment or revision.

19 ‘‘§ 2445c. Reports: quarterly reports; reports on pro20 gram changes

21 ‘‘(a) QUARTERLY REPORTS BY PROGRAM MAN22 AGERS.—The program manager of a major automated in23 formation system program shall, on a quarterly basis, sub24 mit to the senior Department of Defense official respon25 sible for the program a written report identifying any vari-
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1 ance in the projected development schedule, implementa2 tion schedule, life-cycle costs, or key performance param3 eters for the major automated information system to be

4 acquired under the program from such information as

5 originally submitted to Congress under section 2445b of

6 this title.

7 ‘‘(b) SENIOR OFFICIALS RESPONSIBLE FOR PRO8 GRAMS.—For purposes of this section, the senior Depart9 ment of Defense official responsible for a major automated

10 information system program is—

11 ‘‘(1) in the case of an automated information

12 system to be acquired for a military department, the

13 senior acquisition executive for the military depart14 ment; or

15 ‘‘(2) in the case of any other automated infor16 mation system to be acquired for the Department of

17 Defense or any component of the Department of De18 fense, the Under Secretary of Defense for Acquisi19 tion, Technology, and Logistics.

20 ‘‘(c) REPORT ON SIGNIFICANT CHANGES IN PRO21 GRAM.—

22 ‘‘(1) IN GENERAL.—If, based on a quarterly re23 port submitted by the program manager of a major

24 automated information system program pursuant to

25 subsection (a), the senior Department of Defense of-
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1 ficial responsible for the program makes a deter2 mination described in paragraph (2), the official

3 shall, not later than 45 days after receiving such re4 port, notify the congressional defense committees in

5 writing of such determination.

6 ‘‘(2) COVERED DETERMINATION.—A determina7 tion described in this paragraph with respect to a

8 major automated information system program is a

9 determination that—

10 ‘‘(A) there has been a schedule change that

11 will cause a delay of more than six months but

12 less than a year in any program schedule mile13 stone or significant event from the schedule

14 originally submitted to Congress under para15 graph (1) or (2) of section 2445b(b) of this

16 title;

17 ‘‘(B) the estimated program development

18 cost or full life-cycle cost for the program has

19 increased by at least 15 percent, but less than

20 25 percent, over the original estimate submitted

21 to Congress under paragraph (3) of section

22 2445b(b) of this title; or

23 ‘‘(C) there has been a significant, adverse

24 change in the expected performance of the

25 major automated information system to be ac-
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1 quired under the program from the parameters

2 originally submitted to Congress under para3 graph (4) of section 2445b(b) of this title.

4 ‘‘(d) REPORT ON CRITICAL CHANGES IN PRO5 GRAM.—

6 ‘‘(1) IN GENERAL.—If, based on a quarterly re7 port submitted by the program manager of a major

8 automated information system program pursuant to

9 subsection (a), the senior Department of Defense of10 ficial responsible for the program makes a deter11 mination described in paragraph (2), the official

12 shall, not later than 60 days after receiving such

13 report—

14 ‘‘(A) carry out an evaluation of the pro15 gram under subsection (e); and

16 ‘‘(B) submit, through the Secretary of De17 fense, to the congressional defense committees a

18 report meeting the requirements of subsection

19 (f).

20 ‘‘(2) COVERED DETERMINATION.—A determina21 tion described in this paragraph with respect to a

22 major automated information system program is a

23 determination that—

24 ‘‘(A) there has been a schedule change that

25 will cause a delay of one year or more in any
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1 program schedule milestone or significant event

2 from the schedule originally submitted to Con3 gress under paragraph (1) or (2) of section

4 2445b(b) of this title;

5 ‘‘(B) the estimated program development

6 cost or full life-cycle cost for the program has

7 increased by 25 percent or more over the origi8 nal estimate submitted to Congress under para9 graph (3) of section 2445b(b) of this title; or

10 ‘‘(C) there has been a change in the ex11 pected performance of the major automated in12 formation system to be acquired under the pro13 gram that will undermine the ability of the sys14 tem to perform the functions anticipated at the

15 time information on the program was originally

16 submitted to Congress under section 2445b(b)

17 of this title.

18 ‘‘(e) PROGRAM EVALUATION.—The evaluation of a

19 major automated information system program conducted

20 under this subsection for purposes of subsection (d)(1)(A)

21 shall include an assessment of—

22 ‘‘(1) the projected cost and schedule for com23 pleting the program if current requirements are not

24 modified;
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1 ‘‘(2) the projected cost and schedule for com2 pleting the program based on reasonable modifica3 tion of such requirements; and

4 ‘‘(3) the rough order of magnitude of the cost

5 and schedule for any reasonable alternative system

6 or capability.

7 ‘‘(f) REPORT ON CRITICAL PROGRAM CHANGES.—A

8 report on a major automated information system program

9 conducted under this subsection for purposes of subsection

10 (d)(1)(B) shall include a written certification (with sup11 porting explanation) stating that—

12 ‘‘(1) the automated information system to be

13 acquired under the program is essential to the na14 tional security or to the efficient management of the

15 Department of Defense;

16 ‘‘(2) there is no alternative to the system which

17 will provide equal or greater capability at less cost;

18 ‘‘(3) the new estimates of the costs, schedule,

19 and performance parameters with respect to the pro20 gram and system are reasonable; and

21 ‘‘(4) the management structure for the program

22 is adequate to manage and control program costs.

23 ‘‘(g) PROHIBITION ON OBLIGATION OF FUNDS.—(1)

24 If the determination of a critical change to a program is

25 made by the senior Department official responsible for the
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1 program under subsection (d)(2) and a report is not sub2 mitted to Congress within the 60-day period provided by

3 subsection (d)(1), appropriated funds may not be obli4 gated for any major contract under the program.

5 ‘‘(2) The prohibition on the obligation of funds for

6 a program under paragraph (1) shall cease to apply on

7 the date on which Congress has received a report in com8 pliance with the requirements of subsection (d)(2).

9 ‘‘§ 2445d. Construction with other reporting require10 ments

11 ‘‘In the case of a major automated information sys12 tem program covered by this chapter that is also treatable

13 as a major defense acquisition program for which reports

14 would be required under chapter 144 of this title, no re15 ports on the program are required under such chapter if

16 the requirements of this chapter with respect to the pro17 gram are met.’’.

18 (2) CLERICAL AMENDMENTS.—The tables of

19 chapters the beginning of subtitle A of such title,

20 and of part IV of subtitle A of such title, are each

21 amended by inserting after the item relating to

22 chapter 144 the following new item:

‘‘144A. Major Automated Information System Programs ...2445a’’.

23 (b) REPORT ON REPORTING REQUIREMENTS APPLI24 CABLE TO MAJOR AUTOMATED INFORMATION SYSTEM

25 PROGRAMS.—Not later than 180 days after the date of
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1 enactment of this Act, the Secretary of Defense shall sub2 mit to the congressional defense committees a report set3 ting forth the reporting requirements applicable to major

4 automated information system programs as of the date of

5 the report, including a specification of such reporting re6 quirements considered by the Secretary to be duplicative

7 or redundant.

8 (c) EFFECTIVE DATE.—

9 (1) IN GENERAL.—The amendments made by

10 subsection (a) shall take effect on January 1, 2008,

11 and shall apply with respect to any major automated

12 information system program for which amounts are

13 requested in the budget of the President (as sub14 mitted to Congress under section 1105 of title 31,

15 United States Code) for a fiscal year after fiscal

16 year 2008, regardless of whether the acquisition of

17 the automated information system to be acquired

18 under the program was initiated before, on, or after

19 January 1, 2008.

20 (2) REPORT REQUIREMENT.—Subsection (b)

21 shall take effect on the date of the enactment of this

22 Act.
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1 SEC. 805. ADJUSTMENT OF ORIGINAL BASELINE ESTIMATE

2 FOR MAJOR DEFENSE ACQUISITION PRO3 GRAMS EXPERIENCING COST GROWTH RE4 SULTING FROM DAMAGE CAUSED BY HURRI5 CANES KATRINA, RITA, AND WILMA.

6 (a) ADJUSTMENT AUTHORIZED.—Notwithstanding

7 any limitations under section 2435(d) of title 10, United

8 States Code, the Secretary of Defense may adjust the

9 original Baseline Estimate for a major defense acquisition

10 program that is carried out primarily in the Hurricane

11 Katrina disaster area, Hurricane Rita disaster area, or

12 Hurricane Wilma disaster area for the sole purpose of ad13 dressing cost growth in such program that, as determined

14 by the Secretary, is directly attributable to damage caused

15 by Hurricane Katrina, Hurricane Rita, or Hurricane

16 Wilma.

17 (b) NOTICE TO CONGRESS.—The Secretary shall

18 identify any adjustment to the original Baseline Estimate

19 of a major defense acquisition program under subsection

20 (a), and provide an explanation of the basis for such ad21 justment, in the first Selected Acquisition Report that is

22 submitted under section 2432 of title 10, United States

23 Code, after such adjustment is made.

24 (c) SUNSET.—The authority to adjust an original

25 Baseline Estimate for a major defense acquisition pro-
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1 gram under subsection (a) shall expire on the date that

2 is one year after the date of the enactment of this Act.

3 (d) DEFINITIONS.—In this section:

4 (1) The term ‘‘major defense acquisition pro5 gram’’ has the meaning given that term in section

6 2430 of title 10, United States Code.

7 (2) The term ‘‘original Baseline Estimate’’, in

8 the case of a major defense acquisition program,

9 means the first baseline description for the program

10 established under section 2435(a) of title 10, United

11 States Code.

12 (3) The terms ‘‘Hurricane Katrina disaster

13 area’’, ‘‘Hurricane Rita disaster area’’, and ‘‘Hurri14 cane Wilma disaster area’’ have the meaning given

15 such terms in section 1400M of the Internal Rev16 enue Code of 1986.

17 SEC. 806. INTERNAL CONTROLS FOR PROCUREMENTS ON

18 BEHALF OF THE DEPARTMENT OF DEFENSE

19 BY CERTAIN NON-DEFENSE AGENCIES.

20 (a) INSPECTOR GENERAL REVIEWS AND DETER21 MINATIONS.—

22 (1) IN GENERAL.—For each covered non-de23 fense agency, the Inspector General of the Depart24 ment of Defense and the Inspector General of such
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1 non-defense agency shall, not later than March 15,

2 2007, jointly—

3 (A) review—

4 (i) the procurement policies, proce5 dures, and internal controls of such non6 defense agency that are applicable to the

7 procurement of property and services on

8 behalf of the Department by such non-de9 fense agency; and

10 (ii) the administration of those poli11 cies, procedures, and internal controls; and

12 (B) determine in writing whether—

13 (i) such non-defense agency is compli14 ant with defense procurement require15 ments;

16 (ii) such non-defense agency is not

17 compliant with defense procurement re18 quirements, but has a program or initiative

19 to significantly improve compliance with

20 defense procurement requirements;

21 (iii) neither of the conclusions stated

22 in clauses (i) and (ii) is correct in the case

23 of such non-defense agency; or

24 (iv) such non-defense agency is not

25 compliant with defense procurement re-
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1 quirements to such an extent that the in2 terests of the Department of Defense are

3 at risk in procurements conducted by such

4 non-defense agency.

5 (2) ACTIONS FOLLOWING CERTAIN DETERMINA6 TIONS.—If the Inspectors General determine under

7 paragraph (1) that the conclusion stated in clause

8 (ii), (iii), or (iv) of subparagraph (B) of that para9 graph is correct in the case of a covered non-defense

10 agency, such Inspectors General shall, not later than

11 June 15, 2008, jointly—

12 (A) conduct a second review, as described

13 in subparagraph (A) of that paragraph, regard14 ing such non-defense agency’s procurement of

15 property or services on behalf of the Depart16 ment of Defense in fiscal year 2007; and

17 (B) determine in writing whether such

18 non-defense agency is or is not compliant with

19 defense procurement requirements.

20 (b) COMPLIANCE WITH DEFENSE PROCUREMENT

21 REQUIREMENTS.—For the purposes of this section, a cov22 ered non-defense agency is compliant with defense pro23 curement requirements if such non-defense agency’s pro24 curement policies, procedures, and internal controls appli25 cable to the procurement of products and services on be-
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1 half of the Department of Defense, and the manner in

2 which they are administered, are adequate to ensure such

3 non-defense agency’s compliance with the requirements of

4 laws and regulations that apply to procurements of prop5 erty and services made directly by the Department of De6 fense.

7 (c) MEMORANDA OF UNDERSTANDING BETWEEN IN8 SPECTORS GENERAL.—

9 (1) IN GENERAL.—Not later than 60 days after

10 the date of the enactment of this Act, the Inspector

11 General of the Department of Defense and the In12 spector General of each covered non-defense agency

13 shall enter into a memorandum of understanding

14 with each other to carry out the reviews and make

15 the determinations required by this section.

16 (2) SCOPE OF MEMORANDA.—The Inspector

17 General of the Department of Defense and the In18 spector General of a covered non-defense agency

19 may by mutual agreement conduct separate reviews

20 of the procurement of property and services on be21 half of the Department of Defense that are con22 ducted by separate business units, or under separate

23 governmentwide acquisition contracts, of such non24 defense agency. In any case where such separate re25 views are conducted, the Inspectors General shall
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1 make separate determinations under paragraph (1)

2 or (2) of subsection (a), as applicable, with respect

3 to each such separate review.

4 (d) LIMITATIONS ON PROCUREMENTS ON BEHALF OF

5 DEPARTMENT OF DEFENSE.—

6 (1) LIMITATION DURING REVIEW PERIOD.—

7 After March 15, 2007, and before June 16, 2008,

8 no official of the Department of Defense may, except

9 as provided in subsection (e) or (f), order, purchase,

10 or otherwise procure property or services in an

11 amount in excess of $100,000 through a covered

12 non-defense agency for which a determination de13 scribed in clause (iii) or (iv) of paragraph (1)(B) of

14 subsection (a) has been made under subsection (a).

15 (2) LIMITATION AFTER REVIEW PERIOD.—After

16 June 15, 2008, no official of the Department of De17 fense may, except as provided in subsection (e) or

18 (f), order, purchase, or otherwise procure property

19 or services in an amount in excess of $100,000

20 through a covered non-defense agency that, having

21 been subject to review under this section, has not

22 been determined under this section as being compli23 ant with defense procurement requirements.

24 (3) LIMITATION FOLLOWING FAILURE TO

25 REACH MOU.—Commencing on the date that is 60
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1 days after the date of the enactment of this Act, if

2 a memorandum of understanding between the In3 spector General of the Department of Defense and

4 the Inspector General of a covered non-defense agen5 cy cannot be attained causing the review required by

6 this section to not be performed, no official of the

7 Department of Defense, except as provided in sub8 section (e) or (f), may order, purchase or otherwise

9 procure property or services in an amount in excess

10 of $100,000 through such non-defense agency.

11 (e) EXCEPTION FROM APPLICABILITY OF LIMITA12 TIONS.—

13 (1) EXCEPTION.—No limitation applies under

14 subsection (d) with respect to the procurement of

15 property and services on behalf of the Department

16 of Defense by a covered non-defense agency during

17 any period that there is in effect a determination of

18 the Under Secretary of Defense for Acquisition,

19 Technology, and Logistics, made in writing, that it

20 is necessary in the interest of the Department of De21 fense to continue to procure property and services

22 through such non-defense agency.

23 (2) APPLICABILITY OF DETERMINATION.—A

24 written determination with respect to a covered non25 defense agency under paragraph (1) is in effect for
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1 the period, not in excess of one year, that the Under

2 Secretary shall specify in the written determination.

3 The Under Secretary may extend from time to time,

4 for up to one year at a time, the period for which

5 the written determination remains in effect.

6 (f) TERMINATION OF APPLICABILITY OF LIMITA7 TIONS.—Subsection (d) shall cease to apply to a covered

8 non-defense agency on the date on which the Inspector

9 General of the Department of Defense and the Inspector

10 General of such non-defense agency jointly—

11 (1) determine that such non-defense agency is

12 compliant with defense procurement requirements;

13 and

14 (2) notify the Secretary of Defense of that de15 termination.

16 (g) IDENTIFICATION OF PROCUREMENTS MADE

17 DURING A PARTICULAR FISCAL YEAR.—For the purposes

18 of subsection (a), a procurement shall be treated as being

19 made during a particular fiscal year to the extent that

20 funds are obligated by the Department of Defense for that

21 procurement in that fiscal year.

22 (h) RESOLUTION OF DISAGREEMENTS.—If the In23 spector General of the Department of Defense and the In24 spector General of a covered non-defense agency are un25 able to agree on a joint determination under subsection
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1 (a) or subsection (f), a determination by the Inspector

2 General of the Department of Defense under such sub3 section shall be conclusive for the purposes of this section.

4 (i) DEFINITIONS.—In this section:

5 (1) The term ‘‘covered non-defense agency’’

6 means each of the following:

7 (A) The Department of Veterans Affairs.

8 (B) The National Institutes of Health.

9 (2) The term ‘‘governmentwide acquisition con10 tract’’, with respect to a covered non-defense agency,

11 means a task or delivery order contract that—

12 (A) is entered into by the non-defense

13 agency; and

14 (B) may be used as the contract under

15 which property or services are procured for one

16 or more other departments or agencies of the

17 Federal Government.

18 SEC. 807. REGULATIONS ON USE OF FIXED-PRICE CON19 TRACTS IN DEVELOPMENT PROGRAMS.

20 (a) IN GENERAL.—Not later than 120 days after the

21 date of the enactment of this Act, the Secretary of Defense

22 shall modify the regulations of the Department of Defense

23 on the use of fixed-price type contracts in development

24 programs.
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1 (b) ELEMENTS.—As modified under subsection (a),

2 the regulations described in that subsection shall—

3 (1) establish a preference for the use of fixed4 price type contracts in development programs to the

5 maximum extent practicable in light of the level of

6 program risk; and

7 (2) require the use of fixed-price type contracts

8 in each contract for system development and dem9 onstration, or operational system development, un10 less the use of a different contract type is specifi11 cally authorized pursuant to subsection (c).

12 (c) AUTHORIZATION OF USE OF DIFFERENT CON13 TRACT TYPE.—

14 (1) IN GENERAL.—As modified under sub15 section (a), the regulations described in that sub16 section shall provide that the Secretary of Defense

17 may authorize the use of a difference contract type

18 under subsection (b)(2) with respect to a program

19 upon a written determination by the Secretary

20 that—

21 (A) the program is so complex and tech22 nically challenging that it would not be prac23 ticable to reduce program risk to a level that

24 would permit the use of a fixed-price type con25 tract; and
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1 (B) the complexity and technical challenge

2 of the program is not the result of a failure to

3 meet the certification requirements established

4 in section 2366a of title 10, United States

5 Code.

6 (2) SUBMITTAL TO CONGRESSIONAL DEFENSE

7 COMMITTEES.—The regulations shall provide that a

8 copy of any determination on a program under para9 graph (1), together with an explanation of the basis

10 for such determination, shall be submitted to the

11 congressional defense committees with the first Se12 lected Acquisition Report submitted under section

13 2432 of title 10, United States Code, after such de14 termination is made.

15 (3) DELEGATION OF AUTHORITY.—The regula16 tions shall provide that the authority to make a de17 termination under paragraph (1) may not be dele18 gated below the level of the Under Secretary of De19 fense for Acquisition, Technology, and Logistics.

20 (d) REPEAL OF SUPERSEDED REQUIREMENTS.—Sec21 tion 807 of the National Defense Authorization Act for

22 Fiscal Year 1989 (10 U.S.C. 2304 note) is repealed.

23 (e) EFFECTIVE DATE OF REGULATIONS.—

24 (1) IN GENERAL.—The modified regulations re25 quired under this section shall apply to any contract
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1 entered into after the date that is 120 days after the

2 date of the enactment of this Act.

3 (2) SYSTEM DEVELOPMENT AND DEMONSTRA4 TION OR OPERATIONAL SYSTEM DEVELOPMENT.—

5 The modification required by subsection (b)(2) in

6 the regulations shall apply with respect to programs

7 that enter into system development and demonstra8 tion, or operational system development, after the

9 date that is 120 days after the date of the enact10 ment of this Act.

11 SEC. 808. AVAILABILITY OF FUNDS FOR PERFORMANCE12 BASED LOGISTICS CONTRACTS FOR WEAPON

13 SYSTEMS LOGISTICS SUPPORT.

14 (a) AVAILABILITY OF OPERATION AND MAINTE15 NANCE FUNDS.—

16 (1) IN GENERAL.—Amounts available to the

17 Department of Defense for operation and

18 maintenance—

19 (A) are available for performance-based lo20 gistics contracts for weapon systems; and

21 (B) subject to paragraph (2), may be used

22 in accordance with the terms of such contracts

23 to implement engineering changes that result in

24 a reduction of the operation and maintenance

25 costs to the Government of such systems.
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1 (2) LIMITATION.—Funds may not be used for

2 a performance-based logistics contract to implement

3 engineering changes the total cost of which is ex4 pected to exceed $20,000,000.

5 (b) NOTICE TO CONGRESS ON ENTRY INTO CON6 TRACTS.—

7 (1) IN GENERAL.—Not later than 30 days be8 fore entering into a performance-based logistics con9 tract under this section, the Secretary of a military

10 department shall submit to Congress a notice of in11 tent to enter into such contract.

12 (2) ELEMENTS.—The notice on a performance13 based logistics contract under paragraph (1) shall

14 include the following:

15 (A) A statement that the military depart16 ment concerned—

17 (i) has performed a business case

18 analysis for such contract;

19 (ii) has determined, based on such

20 analysis, that there is a reasonable expec21 tation that such contract will result in an

22 overall reduction of operation and mainte23 nance costs with respect to a weapon sys24 tem; and

25 (iii) has specific plans in place to—
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1 (I) update such analysis at ap2 propriate decision points when suffi3 cient cost and performance data have

4 been collected to validate the assump5 tions used in developing such analysis;

6 and

7 (II) periodically review and vali8 date the propriety and integrity of

9 program performance measures, and

10 verify the reliability of contractor cost

11 and performance data, with respect to

12 such contract.

13 (B) An estimate of the projected cost and

14 savings from such contract, together with an

15 explanation of the basis for such estimates.

16 (c) PERFORMANCE-BASED LOGISTICS CONTRACT

17 DEFINED.—In this section, the term ‘‘performance-based

18 logistics contract’’ means a contract for the acquisition of

19 logistics support (whether at the system, subsystem, or

20 major assembly level) for a weapon system that combines

21 logistics support in an integrated, affordable, performance

22 package designed to optimize system readiness and meet

23 performance goals for the weapon system through long24 term support arrangements with clear lines of authority

25 and responsibility for the provision of such support.
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1 (d) REPORT.—

2 (1) IN GENERAL.—Not later than March 1,

3 2012, the Secretary of Defense shall submit to the

4 congressional defense committees a report on the

5 status of all performance-bases logistics contracts

6 entered into pursuant to this section.

7 (2) ELEMENTS.—The report under paragraph

8 (1) shall include, for each contract covered by such

9 report, a comparison of the projected cost and sav10 ings of such contract (as estimated in the notice to

11 Congress under subsection (b)(2)(B)) with the ac12 tual cost and savings of such contract (as deter13 mined in accordance with the plan for such contract

14 under subsection (b)(2)(A)(iii)).

15 (e) SUNSET.—

16 (1) IN GENERAL.—The authority to enter con17 tracts under this section shall terminate on Sep18 tember 30, 2012.

19 (2) EFFECT ON EXISTING CONTRACTS.—The

20 termination under paragraph (1) of the authority to

21 enter contracts under this section shall not affect

22 the use of funds for purposes authorized by sub23 section (a) under contracts entered on or before the

24 date specified in that paragraph.
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1 SEC. 809. QUALITY CONTROL IN PROCUREMENT OF SHIP

2 CRITICAL SAFETY ITEMS AND RELATED

3 SERVICES.

4 (a) QUALITY CONTROL POLICY.—The Secretary of

5 Defense shall prescribe in regulations a quality control

6 policy for the procurement of the following:

7 (1) Ship critical safety items.

8 (2) Modifications, repair, and overhaul of ship

9 critical safety items.

10 (b) ELEMENTS.—The policy required under sub11 section (a) shall include requirements as follows:

12 (1) That the head of the design control activity

13 for ship critical safety items establish processes to

14 identify and manage the procurement, modification,

15 repair, and overhaul of such items.

16 (2) That the head of the contracting activity for

17 a ship critical safety item enter into a contract for

18 the procurement, modification, repair, or overhaul of

19 such item only with a source on a qualified manufac20 turers list or a source approved by the design control

21 activity in accordance with section 2319 of title 10,

22 United States Code (as amended by subsection (d)).

23 (3) That the ship critical safety items delivered,

24 and the services performed with respect to such

25 items, meet all technical and quality requirements

26 specified by the design control activity.
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1 (c) DEFINITIONS.—In this section, the terms ‘‘ship

2 critical safety item’’ and ‘‘design control activity’’ have the

3 meanings given such terms in subsection (g) of 2319 of

4 title 10, United States Code (as so amended).

5 (d) CONFORMING AMENDMENTS.—Section 2319 of

6 title 10, United States Code, is amended—

7 (1) in subsection (c)(3), by inserting ‘‘or ship

8 critical safety item’’ after ‘‘aviation critical safety

9 item’’; and

10 (2) in subsection (g)—

11 (A) by redesignating paragraph (2) as

12 paragraph (3);

13 (B) by inserting after paragraph (1) the

14 following new paragraph (2):

15 ‘‘(2) The term ‘ship critical safety item’ means

16 any ship part, assembly, or support equipment con17 taining a characteristic the failure, malfunction, or

18 absence of which could cause a catastrophic or crit19 ical failure resulting in loss of or serious damage to

20 the ship or unacceptable risk of personal injury or

21 loss of life.’’; and

22 (C) in paragraph (3), as so redesignated—

23 (i) by inserting ‘‘or ship critical safety

24 item’’ after ‘‘aviation critical safety item’’;
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1 (ii) by inserting ‘‘, or the seaworthi2 ness of a ship or ship equipment,’’ after

3 ‘‘equipment’’; and

4 (iii) by striking ‘‘the item’’ and insert5 ing ‘‘such item’’.

6 SEC. 810. THREE-YEAR EXTENSION OF REQUIREMENT FOR

7 REPORTS ON COMMERCIAL PRICE TREND

8 ANALYSES OF THE DEPARTMENT OF DE9 FENSE.

10 Section 803(c)(4) of the Strom Thurmond National

11 Defense Authorization Act for Fiscal Year 1999 (10

12 U.S.C. 2306a note) is amended by striking ‘‘2006’’ and

13 inserting ‘‘2009’’.

14 SEC. 811. PILOT PROGRAM ON TIME-CERTAIN DEVELOP15 MENT IN ACQUISITION OF MAJOR WEAPON

16 SYSTEMS.

17 (a) PILOT PROGRAM AUTHORIZED.—The Secretary

18 of Defense may carry out a pilot program on the use of

19 time-certain development in the acquisition of major weap20 on systems.

21 (b) PURPOSE OF PILOT PROGRAM.—The purpose of

22 the pilot program authorized by subsection (a) is to assess

23 the feasibility and advisability of utilizing time-certain de24 velopment in the acquisition of major weapon systems in

25 order to deliver new capabilities to the warfighter more
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1 rapidly through disciplined decision-making, emphasis on

2 technological maturity, and appropriate trade-offs between

3 system performance and schedule.

4 (c) INCLUSION OF SYSTEMS IN PILOT PROGRAM.—

5 (1) IN GENERAL.—The decision whether to in6 clude a major weapon system in the pilot program

7 shall be made by the Milestone Decision Authority

8 for the acquisition program for the system.

9 (2) CRITERIA.—A major weapon system may be

10 included in the pilot program only if the Milestone

11 Decision Authority determines, in consultation with

12 the service acquisition executive for the military de13 partment carrying out the acquisition program for

14 the system and one or more combatant commanders

15 responsible for fielding the system, that—

16 (A) the certification requirements of sec17 tion 2366a of title 10, United States Code, have

18 been met, and no waivers have been granted

19 from such requirements;

20 (B) a preliminary design has been com21 pleted after appropriate requirements analysis

22 using systems engineering, and the system, as

23 so designed, will meet battlefield needs identi24 fied by the relevant combatant commanders;
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1 (C) all critical technologies needed to meet

2 system requirements have been demonstrated in

3 an operational environment;

4 (D) an independent cost estimate has been

5 conducted and used as the basis for funding re6 quirements for the acquisition program for the

7 system;

8 (E) the budget of the military department

9 responsible for carrying out the acquisition pro10 gram for the system provides the funding nec11 essary to execute the product development and

12 production plan consistent with the require13 ments identified pursuant to subparagraph (D);

14 (F) an appropriately-qualified program

15 manager has entered into a performance agree16 ment with the Milestone Decision Authority

17 that establishes expected parameters for the

18 cost, schedule, and performance of the acquisi19 tion program for the system, consistent with a

20 business case for such acquisition program;

21 (G) the service acquisition executive and

22 the program manager have agreed that the pro23 gram manager will continue in such position

24 until the delivery of the initial operational capa-
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1 bility under the acquisition program for the sys2 tem;

3 (H) the service acquisition executive, the

4 relevant combatant commanders, and the pro5 gram manager have agreed that no additional

6 requirements will be added during the develop7 ment phase of the acquisition program for the

8 system; and

9 (I) a planned initial operational capability

10 will be delivered to the relevant combatant com11 manders no more than 6 years after the date of

12 the milestone B approval for the system.

13 (3) TIMING OF DECISION.—The decision wheth14 er to include a major weapon system in the pilot

15 program shall be made at the time of milestone ap16 proval for the acquisition program for the system.

17 (d) LIMITATION ON NUMBER OF SYSTEM IN PILOT

18 PROGRAM.—The number of major weapon systems in19 cluded in the pilot program at any time may not exceed

20 12 major weapon systems.

21 (e) SPECIAL FUNDING AUTHORITY.—

22 (1) AUTHORITY FOR RESERVE ACCOUNT.—Not23 withstanding any other provision of law, the Sec24 retary of Defense may establish a special reserve ac-
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1 count utilizing funds made available for the major

2 weapon systems included in the pilot program.

3 (2) ELEMENTS.—The special reserve account

4 may include—

5 (A) funds made available for any major

6 weapon system included in the pilot program to

7 cover termination liability;

8 (B) funds made available for any major

9 weapon system included in the pilot program

10 for award fees that may be earned by contrac11 tors; and

12 (C) funds appropriated to the special re13 serve account.

14 (3) AVAILABILITY OF FUNDS.—Funds in the

15 special reserve account may be used, in accordance

16 with guidance issued by the Secretary for purposes

17 of this section, for the following purposes:

18 (A) To cover termination liability for any

19 major weapon system included in the pilot pro20 gram.

21 (B) To pay award fees that are earned by

22 any contractor for a major weapon system in23 cluded in the pilot program.

24 (C) To address unforeseen contingencies

25 that could prevent a major weapon system in-
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1 cluded in the pilot program from meeting crit2 ical schedule or performance requirements.

3 (4) REPORTS ON USE OF FUNDS.—Not later

4 than 30 days after the use of funds in the special

5 reserve account for the purpose specified in para6 graph (3)(C), the Secretary shall submit to the con7 gressional defense committees a report on report the

8 use of funds in the account for such purpose. The

9 report shall set forth the purposes for which the

10 funds were used and the reasons for the use of the

11 funds for such purposes.

12 (f) ADMINISTRATION OF PILOT PROGRAM.—The Sec13 retary of Defense shall prescribe policies and procedures

14 on the administration of the pilot program. Such policies

15 and procedures shall—

16 (1) provide for the use of program status re17 ports based on earned value data to track progress

18 on a major weapon system under the pilot program

19 against baseline estimates applicable to such system

20 at each systems engineering technical review point;

21 and

22 (2) grant authority to the program manager for

23 the acquisition program for a major weapon system

24 to make key program decisions and trade-offs, sub25 ject to management reviews only if cost or schedule
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1 deviations exceed 10 percent baselines for such ac2 quisition program.

3 (g) EXPIRATION OF AUTHORITY TO INCLUDE ADDI4 TIONAL SYSTEMS IN PILOT PROGRAM.—

5 (1) EXPIRATION.—A major weapon system may

6 not be included in the pilot program after September

7 30, 2012.

8 (2) RETENTION OF SYSTEMS.—A major weapon

9 system included in the pilot program before the date

10 specified in paragraph (1) in accordance with the re11 quirements of this section may remain in the pilot

12 program after that date.

13 (h) ANNUAL REPORT.—

14 (1) IN GENERAL.—Not later than one year

15 after including the first major weapon system in the

16 pilot program, and annually thereafter, the Sec17 retary shall submit to the congressional defense com18 mittees a report on the pilot program, and the major

19 weapon systems included in the pilot program, dur20 ing the one-year period ending on the date of such

21 report.

22 (2) ELEMENTS.—Each report under this sub23 section shall include—

24 (A) a description of progress under the

25 pilot program, and on each major weapon sys-
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1 tem included in the pilot program, during the

2 period covered by such report; and

3 (B) such other matters as the Secretary

4 considers appropriate.

5 (i) MAJOR WEAPON SYSTEM DEFINED.—In this sec6 tion, the term ‘‘major weapon system’’ means a weapon

7 system that is treatable as a major system under section

8 2302(5) of title 10, United States Code.

9 SEC. 812. GOVERNMENT PERFORMANCE OF CRITICAL AC10 QUISITION FUNCTIONS.

11 (a) GOVERNMENT PERFORMANCE OF FUNCTIONS.—

12 (1) IN GENERAL.—Section 2383 of title 10,

13 United States Code is amended—

14 (A) by redesignating subsection (b) as sub15 section (c); and

16 (B) by inserting after subsection (a) the

17 following new subsection (b):

18 ‘‘(b) GOVERNMENT PERFORMANCE OF CRITICAL AC19 QUISITION FUNCTIONS.—The head of an agency shall en20 sure that, at a minimum, for each major defense acquisi21 tion program and each major automated information sys22 tem program, each of the following positions is performed

23 by a properly qualified full-time Federal military or civil24 ian employee:

25 ‘‘(1) Program manager.
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1 ‘‘(2) Deputy program manager.

2 ‘‘(3) Chief engineer.

3 ‘‘(4) Systems engineer.

4 ‘‘(5) Cost estimator.’’.

5 (2) DEFINITIONAL MATTERS.—Subsection (c)

6 of such section, as redesignated by paragraph (1)(A)

7 of this subsection, is further amended by adding at

8 the end the following new paragraphs:

9 ‘‘(5) The term ‘major defense acquisition pro10 gram’ has the meaning given such term in section

11 2430(a) of this title.

12 ‘‘(6) The term ‘major automated information

13 system program’ has the meaning given such term

14 in section 2445a(a) of this title.’’.

15 (b) EFFECTIVE DATE AND PHASE-IN.—

16 (1) EFFECTIVE DATE.—The amendments made

17 by subsection (a) shall take effect on the date that

18 is one year after the date of enactment of this Act.

19 (2) TEMPORARY WAVER.—During the two-year

20 period beginning on the effective date specified in

21 paragraph (1), the head of an agency may waive the

22 requirement in subsection (b) of section 2383 of title

23 10, United States Code, as amended by subsection

24 (a) of this section, with regard to a specific function

25 on a particular program upon a written determina-
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1 tion by the head of the agency that a properly quali2 fied full-time Federal military or civilian employee

3 cannot reasonably be made available to perform such

4 function.

5 Subtitle B—Defense Industrial

6 Base Matters

7 SEC. 821. REMOVAL OF HAND AND MEASURING TOOLS

8 FROM CERTAIN REQUIREMENTS.

9 (a) IN GENERAL.—Subsection (b) of section 2533a

10 of title 10, United States Code, is amended by striking

11 paragraph (3).

12 (b) CONFORMING AMENDMENT.—Subsection (d) of

13 such section is amended by striking ‘‘(b)(1)(A), (b)(2), or

14 (b)(3)’’ each place it appears and inserting ‘‘(b)(1)(A) or

15 (b)(2)’’.

16 SEC. 822. APPLICABILITY OF CERTAIN REQUIREMENTS RE17 GARDING SPECIALTY METALS.

18 (a) EXEMPTION FOR CERTAIN COMMERCIAL

19 ITEMS.—Subsection (i) of section 2533a of title 10,

20 United States Code, is amended—

21 (1) by inserting ‘‘, DUAL-USE ITEMS, AND

22 ELECTRONIC COMPONENTS’’ after ‘‘COMMERCIAL

23 ITEMS’’;

24 (2) by inserting ‘‘(1)’’ before ‘‘this section’’;
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1 (3) in paragraph (1), as so designated, by in2 serting ‘‘described in subsection (b)(1)’’ after ‘‘com3 mercial items’’; and

4 (4) by adding at the end the following new

5 paragraphs:

6 ‘‘(2) This section is not applicable to—

7 ‘‘(A) a contract or subcontract for the procure8 ment of a commercial item containing specialty met9 als described in subsections (b)(2) and (b)(3); or

10 ‘‘(B) specialty metals that are incorporated into

11 an electronic component, where the value of the spe12 cialty metal used in the component is de minimis in

13 relation to the value of the electronic component.

14 ‘‘(3) For purposes of paragraph (2)(A), a commercial

15 item does not include—

16 ‘‘(A) any item that contains noncommercial

17 modifications that cost or are expected to cost, in

18 the aggregate, more than 5 percent of the total price

19 of such item;

20 ‘‘(B) any item that would not be considered to

21 be a commercial item, but for sales to government

22 entities or inclusion in items that are sold to govern23 ment entities;

24 ‘‘(C) forgings or castings for military unique

25 end items;
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1 ‘‘(D) fasteners other than commercial off-the2 shelf items (as defined in section 35(c) of the Office

3 of Federal Procurement Policy Act (41 U.S.C.

4 431(c)); or

5 ‘‘(E) specialty metals.’’.

6 (b) EXCEPTION FOR CERTAIN DUAL-USE ITEMS TO

7 FACILITATE CIVIL-MILITARY INTEGRATION.—Such sec8 tion is further amended by adding at the end the following

9 new subsection:

10 ‘‘(k) EXCEPTION FOR CERTAIN DUAL-USE ITEMS TO

11 FACILITATE CIVIL-MILITARY INTEGRATION.—Subsection

12 (a) does not apply to the procurement of an item from

13 a contractor or a first-tier subcontractor if the Secretary

14 of Defense or the Secretary of a military department de15 termines that—

16 ‘‘(1) the item is or will be produced using the

17 same production facilities, a common supply chain,

18 and the same or similar production processes that

19 are used for the production of similar items deliv20 ered to non-defense customers; and

21 ‘‘(2) the contractor or subcontractor has made

22 a contractual commitment to purchase a quality,

23 grade, and amount of domestically-melted specialty

24 metals for use by the purchaser during the period of

25 contract performance in the production of the item
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1 and other similar items delivered to non-defense cus2 tomers that is not less that the greater of—

3 ‘‘(A) the amount of specialty metals that is

4 purchased by the contractor for use in the item

5 delivered to the Department of Defense; or

6 ‘‘(B) 40 percent of the amount of specialty

7 metals purchased by the contractor or subcon8 tractor for use during such period in the pro9 duction of the item and similar items delivered

10 to non-defense contractors.’’.

11 (c) DE MINIMIS STANDARD FOR SPECIALTY MET12 ALS.—Such section is further amended by adding at the

13 end the following new subsection:

14 ‘‘(l) MINIMUM THRESHOLD FOR SPECIALTY MET15 ALS.—Notwithstanding the requirements of subsection

16 (a), the Secretary of Defense or the Secretary of a military

17 department may accept delivery of an item containing spe18 cialty metals that were not grown, reprocessed, reused, or

19 produced in the United States if the total amount of non20 compliant specialty metals in the item does not exceed 2

21 percent of the total amount of specialty metals in the

22 item.’’.

23 (d) EFFECTIVE DATE.—

24 (1) IN GENERAL.—The amendments made by

25 subsections (a) and (c) shall take effect on the date
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1 of the enactment of this Act, and shall apply with

2 respect to items accepted for delivery on or after

3 that date.

4 (2) CIVIL-MILITARY INTEGRATION.—The

5 amendment made by subsection (b) shall take effect

6 on the date of the enactment of this Act, and shall

7 apply to contracts entered into on or after that date.

8 SEC. 823. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR

9 CONTENT REQUIREMENTS.

10 (a) AUTHORITY.—Subchapter V of chapter 148 of

11 title 10, United States Code, is amended by adding at the

12 end the following new section:

13 ‘‘§ 2539c. Waiver of domestic source or content re14 quirements

15 ‘‘(a) AUTHORITY.—Except as provided in subsection

16 (f), the Secretary of Defense may waive the application

17 of any domestic source requirement or domestic content

18 requirement referred to in subsection (b) and thereby au19 thorize the procurement of items that are grown, reproc20 essed, reused, produced, or manufactured—

21 ‘‘(1) in a foreign country that has a Declaration

22 of Principles with the United States;

23 ‘‘(2) in a foreign country that has a Declaration

24 of Principles with the United States substantially

25 from components and materials grown, reprocessed,
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1 reused, produced, or manufactured in the United

2 States or any foreign country that has a Declaration

3 of Principles with the United States; or

4 ‘‘(3) in the United States substantially from

5 components and materials grown, reprocessed, re6 used, produced, or manufactured in the United

7 States or any foreign country that has a Declaration

8 of Principles with the United States.

9 ‘‘(b) COVERED REQUIREMENTS.—For purposes of

10 this section:

11 ‘‘(1) A domestic source requirement is any re12 quirement under law that the Department of De13 fense satisfy its requirements for an item by pro14 curing an item that is grown, reprocessed, reused,

15 produced, or manufactured in the United States or

16 by a manufacturer that is a part of the national

17 technology and industrial base (as defined in section

18 2500(1) of this title).

19 ‘‘(2) A domestic content requirement is any re20 quirement under law that the Department of De21 fense satisfy its requirements for an item by pro22 curing an item produced or manufactured partly or

23 wholly from components and materials grown, re24 processed, reused, produced, or manufactured in the

25 United States.
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1 ‘‘(c) APPLICABILITY.—The authority of the Secretary

2 to waive the application of a domestic source or content

3 requirements under subsection (a) applies to the procure4 ment of items for which the Secretary of Defense deter5 mines that—

6 ‘‘(1) application of the requirement would im7 pede the reciprocal procurement of defense items

8 under a Declaration of Principles with the United

9 States; and

10 ‘‘(2) such country does not discriminate against

11 defense items produced in the United States to a

12 greater degree than the United States discriminates

13 against defense items produced in that country.

14 ‘‘(d) LIMITATION ON DELEGATION.—The authority

15 of the Secretary to waive the application of domestic

16 source or content requirements under subsection (a) may

17 not be delegated to any officer or employee other than the

18 Under Secretary of Defense for Acquisition, Technology,

19 and Logistics.

20 ‘‘(e) CONSULTATIONS.—The Secretary may grant a

21 waiver of the application of a domestic source or content

22 requirement under subsection (a) only after consultation

23 with the United States Trade Representative, the Sec24 retary of Commerce, and the Secretary of State.
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1 ‘‘(f) LAWS NOT WAIVABLE.—The Secretary of De2 fense may not exercise the authority under subsection (a)

3 to waive any domestic source or content requirement con4 tained in any of the following laws:

5 ‘‘(1) The Small Business Act (15 U.S.C. 631 et

6 seq.).

7 ‘‘(2) The Javits-Wagner-O’Day Act (41 U.S.C.

8 46 et seq.).

9 ‘‘(3) Sections 7309 and 7310 of this title.

10 ‘‘(4) Section 2533a of this title.

11 ‘‘(g) RELATIONSHIP TO OTHER WAIVER AUTHOR12 ITY.—The authority under subsection (a) to waive a do13 mestic source requirement or domestic content require14 ment is in addition to any other authority to waive such

15 requirement.

16 ‘‘(h) CLARIFICATION OF RELATIONSHIP WITH BUY

17 AMERICAN ACT.—Nothing in this section shall be con18 strued to alter in any way the applicability of the Buy

19 American Act (41 U.S.C. 10a), or the authority of the

20 Secretary of Defense to waive the requirements of such

21 Act, with respect to the procurement of any item to which

22 such Act would apply without regard to this section.

23 ‘‘(i) CONSTRUCTION WITH RESPECT TO LATER EN24 ACTED LAWS.—This section may not be construed as

25 being inapplicable to a domestic source requirement or do-
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1 mestic content requirement that is set forth in a law en2 acted after the enactment of this section solely on the

3 basis of the later enactment.

4 ‘‘(j) DECLARATION OF PRINCIPLES.—(1) In this sec5 tion, the term ‘Declaration of Principles’ means a written

6 understanding (including any Statement of Principles) be7 tween the Department of Defense and its counterpart in

8 a foreign country signifying a cooperative relationship be9 tween the Department and its counterpart to standardize

10 or make interoperable defense equipment used by the

11 armed forces and the armed forces of the foreign country

12 across a broad spectrum of defense activities, including—

13 ‘‘(A) harmonization of military requirements

14 and acquisition processes;

15 ‘‘(B) security of supply;

16 ‘‘(C) export procedures;

17 ‘‘(D) security of information;

18 ‘‘(E) ownership and corporate governance;

19 ‘‘(F) research and development;

20 ‘‘(G) flow of technical information; and

21 ‘‘(H) defense trade.

22 ‘‘(2) A Declaration of Principles is underpinned by

23 a memorandum of understanding or other agreement pro24 viding for the reciprocal procurement of defense items be25 tween the United States and the foreign country con-
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1 cerned without unfair discrimination in accordance with

2 section 2531 of this title.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of such subchapter is amended by insert5 ing after the item relating to section 2539b the following

6 new item:

‘‘2539c. Waiver of domestic source or content requirements.’’.

7 SEC. 824. REPEAL OF REQUIREMENT FOR IDENTIFICATION

8 OF ESSENTIAL MILITARY ITEMS AND MILI9 TARY SYSTEM ESSENTIAL ITEM BREAKOUT

10 LIST.

11 Section 813 of the National Defense Authorization

12 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.

13 1543) is repealed.

14 SEC. 825. CONSISTENCY WITH UNITED STATES OBLIGA15 TIONS UNDER TRADE AGREEMENTS.

16 No provision of this Act or any amendment made by

17 this Act shall apply to a procurement by or for the Depart18 ment of Defense to the extent that the Secretary of De19 fense, in consultation with the Secretary of Commerce, the

20 United States Trade Representative, and the Secretary of

21 State, determines that it is inconsistent with United

22 States obligations under a trade agreement.
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1 Subtitle C—Defense Contractor

2 Matters

3 SEC. 841. REQUIREMENTS FOR DEFENSE CONTRACTORS

4 RELATING TO CERTAIN FORMER DEPART5 MENT OF DEFENSE OFFICIALS.

6 (a) REQUIREMENTS.—

7 (1) IN GENERAL.—Chapter 141 of title 10,

8 United States Code, is amended by adding at the

9 end the following new section:

10 ‘‘§ 2410p. Defense contractors: requirements con11 cerning former Department of Defense of12 ficials

13 ‘‘(a) IN GENERAL.—Each contract for the procure14 ment of goods or services in excess of $10,000,000, other

15 than a contract for the procurement of commercial items,

16 that is entered into by the Department of Defense shall

17 include a provision under which the contractor agrees to

18 submit to the Secretary of Defense, not later than April

19 1 of each year such contract is in effect, a written report

20 setting forth the information required by subsection (b).

21 ‘‘(b) REPORT INFORMATION.—Except as provided in

22 subsection (c), a report by a contractor under subsection

23 (a) shall—

24 ‘‘(1) list the name of each person who—
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1 ‘‘(A) is a former officer or employee of the

2 Department of Defense or a former or retired

3 member of the armed forces who served—

4 ‘‘(i) in an Executive Schedule position

5 under subchapter II of chapter 53 of title

6 5;

7 ‘‘(ii) in a position in the Senior Exec8 utive Service under subchapter VIII of

9 chapter 53 of title 5;

10 ‘‘(iii) in a general or flag officer posi11 tion compensated at a rate of pay for

12 grade 0–7 or above under section 201 of

13 title 37; or

14 ‘‘(iv) as a program manager, deputy

15 program manager, procuring contracting

16 officer, administrative contracting officer,

17 source selection authority, member of the

18 source selection evaluation board, or chief

19 of a financial or technical evaluation team

20 for a contract with a value in excess of

21 $10,000,000; and

22 ‘‘(B) during the preceding calendar year

23 was provided compensation by the contractor, if

24 such compensation was first provided by the

25 contractor not more than two years after such
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1 officer, employee, or member left service in the

2 Department of Defense; and

3 ‘‘(2) in the case of each person listed under

4 paragraph (1)—

5 ‘‘(A) identify the agency in which such per6 son was employed or served on active duty dur7 ing the last two years of such person’s service

8 with the Department of Defense;

9 ‘‘(B) state such person’s job title and iden10 tify each major defense system, if any, on which

11 such person performed any work with the De12 partment of Defense during the last two years

13 of such person’s service with the Department;

14 and

15 ‘‘(C) state such person’s current job title

16 with the contractor and identify each major de17 fense system on which such person has per18 formed any work on behalf of the contractor.

19 ‘‘(c) DUPLICATE INFORMATION NOT REQUIRED.—

20 An annual report submitted by a contractor pursuant to

21 subsection (b) need not provide information with respect

22 to any former officer or employee of the Department of

23 Defense or former or retired member of the armed forces

24 if such information has already been provided in a pre-
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1 vious annual report filed by such contractor under this

2 section.’’.

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 141 of such title

5 is amended by adding at the end the following new

6 item:

‘‘2410p. Defense contractors: requirements concerning former Department of

Defense officials.’’.

7 (b) EFFECTIVE DATE.—The amendments made by

8 subsection (a) shall take effect on the date of the enact9 ment of this Act, and shall apply with respect to contracts

10 entered into on or after that date.

11 SEC. 842. LEAD SYSTEMS INTEGRATORS.

12 (a) LIMITATIONS ON CONTRACTORS ACTING AS LEAD

13 SYSTEMS INTEGRATORS.—

14 (1) IN GENERAL.—Chapter 141 of title 10,

15 United States Code, as amended by section

16 841(a)(1) of this Act, is further amended by adding

17 at the end the following new section:

18 ‘‘§ 2410q. Contracts: limitations on lead systems inte19 grators

20 ‘‘(a) IN GENERAL.—Except as provided in subsection

21 (b), no contractor performing any inherently governmental

22 functions, or functions closely associated with inherently

23 governmental functions, relating to the acquisition, engi24 neering, structuring, planning, integration, management,
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1 or control of a system of systems, regardless of whether

2 or not such contractor is expressly designated as a so3 called ‘lead systems integrator’, may have any financial

4 interest in the development or construction of any indi5 vidual system or element of such system of systems.

6 ‘‘(b) EXCEPTION.—A contractor described in sub7 section (a) may have a financial interest in the develop8 ment or construction of an individual system or element

9 of a system of systems if the Secretary of Defense certifies

10 to the congressional defense committees that—

11 ‘‘(1) the contractor is the preferred best of in12 dustry supplier of the system or element concerned;

13 and

14 ‘‘(2) the contractor was selected to develop or

15 construct the system or element concerned only after

16 a formal competition for such system or element

17 conducted by the Department of Defense in which

18 the contractor participated only as a respondent to

19 the request for proposal (RFP) under the competi20 tion.

21 ‘‘(c) CONSTRUCTION.—Nothing in this section shall

22 be construed to preclude a contractor described in sub23 section (a) from performing work necessary to integrate

24 two or more individual systems or elements of a system

25 of systems with each other.
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1 ‘‘(d) DEFINITIONS.—In this section:

2 ‘‘(1) The term ‘best of industry’, with respect

3 to the development or construction of a system or

4 element by a contractor, means that the contractor

5 provides the Government any of the following in the

6 development or construction of the system or ele7 ment for the Government:

8 ‘‘(A) Best overall value.

9 ‘‘(B) Best technology.

10 ‘‘(C) Best capability.

11 ‘‘(D) Best availability.

12 ‘‘(2) The term ‘functions closely associated with

13 inherently governmental functions’ has the meaning

14 given such term in section 2383(b)(3) of this title.

15 ‘‘(3) The term ‘inherently governmental func16 tions’ has the meaning given such term in section

17 2383(b)(2) of this title.

18 ‘‘(4) The term ‘system of systems’ means a set

19 of interdependent systems, including one or more

20 major weapon systems, that are related to provide a

21 given capability and in which the loss of any one

22 would significantly degrade the performance or capa23 bilities of the set of systems as a whole.’’.

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of chapter 141 of such title,
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1 as amended by section 841(a)(2) of this Act, is fur2 ther amended by adding at the end the following

3 new item:

‘‘2410q. Contracts: limitations on lead systems integrators.’’.

4 (3) EFFECTIVE DATE.—The amendments made

5 by subsection (a) shall take effect on the date of the

6 enactment of this Act, and shall apply with respect

7 to contracts entered into on or after that date.

8 (b) UPDATE OF REGULATIONS ON LEAD SYSTEMS

9 INTEGRATORS.—Not later than December 31, 2006, the

10 Secretary of Defense shall update the acquisition regula11 tions of the Department of Defense in order to specify

12 fully in such regulations the matters with respect to lead

13 systems integrators set forth in section 805(b) of the Na14 tional Defense Authorization for Fiscal Year 2006 (Public

15 Law 109–163; 119 Stat. 3372).

16 (c) DEFINITION OF LEAD SYSTEMS INTEGRATOR.—

17 (1) DEFINITION REQUIRED.—The Secretary of

18 Defense shall include in the report required by sec19 tion 805 of the National Defense Authorization for

20 Fiscal Year 2006 a precise and comprehensive defi21 nition of the term ‘‘lead systems integrator’’, as that

22 term is utilized in such section.

23 (2) MATTERS TO BE ADDRESSED.—In defining

24 the term ‘‘lead systems integrator’’ under paragraph
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1 (1), the Secretary shall take into account the fol2 lowing:

3 (A) The importance of lead systems inte4 grators in the production, fielding, and

5 sustainment of complex systems, including their

6 role in addressing increases in cost, the evo7 lution of interoperability requirements, and the

8 maintenance and sustainment of critical capa9 bilities.

10 (B) The unique engineering and integra11 tion skills of lead systems integrators.

12 (C) The management and organizational

13 skills and capabilities of lead systems integra14 tors, including the capacity of lead systems in15 tegrators to facilitate the participation of small

16 and disadvantaged businesses in the production,

17 fielding, and sustainment of complex systems.

18 (d) CONTRACT TYPES AND FEE STRUCTURES.—The

19 Secretary of Defense shall include in the report required

20 by section 805 of the National Defense Authorization for

21 Fiscal Year 2006 a specification of various types of con22 tracts and fee structures, including award and incentive

23 fees, that are appropriate for use by lead systems integra24 tors in the production, fielding, and sustainment of com25 plex systems.
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1 SEC. 843. LINKING OF AWARD AND INCENTIVE FEES TO AC2 QUISITION OUTCOMES.

3 (a) GUIDANCE ON LINKING OF AWARD AND INCEN4 TIVE FEES TO ACQUISITION OUTCOMES.—Not later than

5 180 days after the date of the enactment of this Act, the

6 Secretary of Defense shall issue guidance, with detailed

7 implementation instructions (including definitions), for

8 the Department of Defense on the appropriate use of

9 award and incentive fees in Department of Defense acqui10 sition programs.

11 (b) ELEMENTS.—The guidance under subsection (a)

12 shall—

13 (1) ensure that all new contracts using award

14 fees link such fees to acquisition outcomes (which

15 shall be defined in terms of program cost, schedule,

16 and performance);

17 (2) provide guidance on the circumstances in

18 which contractor performance may be judged to be

19 ‘‘excellent’’ or ‘‘superior’’ and the percentage of the

20 available award fee which contractors should be paid

21 for such performance;

22 (3) establish standards for determining the per23 centage of the available award fee, if any, which con24 tractors should be paid for performance that is

25 judged to be ‘‘acceptable’’, ‘‘average’’, ‘‘expected’’,

26 ‘‘good’’, or ‘‘satisfactory’’;
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1 (4) ensure that no award fee may be paid for

2 contractor performance that is judged to be below3 satisfactory performance or performance that does

4 not meet the basic requirements of the contract;

5 (5) provide specific direction on the cir6 cumstances, if any, in which it may be appropriate

7 to roll over award fees that are not earned in one

8 award fee period to a subsequent award fee period

9 or periods;

10 (6) ensure that the Department of Defense—

11 (A) collects relevant data on award and in12 centive fees paid to contractors; and

13 (B) has mechanisms in place to evaluate

14 such data on a regular basis;

15 (7) include performance measures to evaluate

16 the effectiveness of award and incentive fees as a

17 tool for improving contractor performance and

18 achieving desired program outcomes; and

19 (8) provide mechanisms for sharing proven in20 centive strategies for the acquisition of different

21 types of products and services among contracting

22 and program management officials.

23 (c) ASSESSMENT OF INDEPENDENT EVALUATION

24 MECHANISMS.—
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1 (1) IN GENERAL.—The Secretary of Defense

2 shall select a federally-funded research and develop3 ment center to assess various mechanisms that could

4 be used to ensure an independent evaluation of con5 tractor performance for the purpose of making de6 terminations applicable to the judging and payment

7 of award fees.

8 (2) CONSIDERATIONS.—The assessment con9 ducted pursuant to paragraph (1) shall include con10 sideration of the advantages and disadvantages of a

11 system in which award fees are—

12 (A) held in a separate fund or funds of the

13 Department of Defense; and

14 (B) allocated to a specific program only

15 upon a determination by an independent board,

16 charged with comparing contractor performance

17 across programs, that such fees have been

18 earned by the contractor for such program.

19 (3) REPORT.—The Secretary shall submit to

20 the congressional defense committees a report on the

21 assessment conducted pursuant to paragraph (1) not

22 later than one year after the date of the enactment

23 of this Act.
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1 SEC. 844. PROHIBITION ON EXCESSIVE PASS-THROUGH

2 CHARGES.

3 (a) REGULATIONS REQUIRED.—Not later than 120

4 days after the date of the enactment of this Act, the Sec5 retary of Defense shall prescribe regulations prohibiting

6 excessive pass-through charges on contracts or sub7 contracts (or task or delivery orders) that are entered into

8 for or on behalf of the Department of Defense that are

9 in excess of the simplified acquisition threshold, as speci10 fied in section 4(11) of the Office of Federal Procurement

11 Policy Act (41 U.S.C. 403(11)).

12 (b) SCOPE OF REGULATIONS.—The regulations pre13 scribed under this section shall not apply to any firm,

14 fixed-price contract or subcontract (or task or delivery

15 order) that is—

16 (1) awarded on the basis of adequate price com17 petition; or

18 (2) for the acquisition of a commercial item, as

19 defined in section 4(12) of the Office of Federal

20 Procurement Policy Act (41 U.S.C. 403(12)).

21 (c) DEFINITIONS.—In this section:

22 (1) The term ‘‘excessive pass-through charge’’

23 means a charge by a covered contractor or subcon24 tractor for overhead or profit on work performed by

25 a covered lower-tier contractor (other than charges
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1 for the direct costs of managing lower-tier contracts

2 and overhead and profit based on such direct costs).

3 (2) The term ‘‘covered contractor’’ means the

4 following:

5 (A) A contractor that assigns work ac6 counting for more than 90 percent of the cost

7 of contract performance (not including overhead

8 or profit) to subcontractors.

9 (B) In the case of a contract providing for

10 the development or production of more than one

11 weapon system, a contractor that assigns work

12 accounting for more than 90 percent of the cost

13 of contract performance (not including overhead

14 or profit) for any particular weapon system

15 under such contract to subcontractors.

16 (3) The term ‘‘covered lower-tier contractor’’

17 means the following:

18 (A) With respect to a covered contractor

19 described by paragraph (2)(A) in a contract,

20 any lower-tier subcontractor under such con21 tract.

22 (B) With respect to a covered contractor

23 described by paragraph (2)(B) in a contract,

24 any lower-tier subcontractor on a weapon sys25 tem under such contract for which such covered
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1 contractor has assigned work accounting for

2 more than 90 percent of the cost of contract

3 performance (not including overhead or profit).

4 (d) EFFECTIVE DATE.—The regulations prescribed

5 under this section shall apply to contracts awarded for or

6 on behalf of the Department of Defense on or after the

7 date that is 120 days after the date of the enactment of

8 this Act.

9 SEC. 845. REPORT ON DEPARTMENT OF DEFENSE CON10 TRACTING WITH CONTRACTORS OR SUB11 CONTRACTORS EMPLOYING MEMBERS OF

12 THE SELECTIVE RESERVE.

13 (a) STUDY REQUIRED.—The Secretary of Defense

14 shall conduct a study on contracting with the Department

15 of Defense by actual and potential contractors and sub16 contractors of the Department who employ members of

17 the Selected Reserve of the reserve components of the

18 Armed Forces.

19 (b) ELEMENTS.—The study required by subsection

20 (a) shall address the following:

21 (1) The extent to which actual and potential

22 contractors and subcontractors of the Department,

23 including small businesses, employ members of the

24 Selective Reserve.
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1 (2) The extent to which actual and potential

2 contractors and subcontractors of the Department

3 have been or are likely to be disadvantaged in the

4 performance of contracts with the Department, or in

5 competition for new contracts with the Department,

6 when employees who are such members are mobi7 lized as part of a United States military operation

8 overseas.

9 (3) Any actions that, in the view of the Sec10 retary, should be taken to address any such dis11 advantage, including—

12 (A) the extension of additional time for the

13 performance of contracts to contractors and

14 subcontractors of Department who employ

15 members of the Selected Reserve who are mobi16 lized as part of a United States military oper17 ation overseas; and

18 (B) the provision of assistance in forming

19 contracting relationships with other entities to

20 ameliorate the temporary loss of qualified per21 sonnel.

22 (c) REPORT.—Not later than one year after the date

23 of the enactment of this Act, the Secretary shall submit

24 to Congress a report on the study required by this section.
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1 The report shall set forth the findings and recommenda2 tions of the Secretary as a result of the study.

3 (d) REPEAL OF SUPERSEDED AUTHORITY.—Section

4 819 of the National Defense Authorization Act for Fiscal

5 Year 2006 (Public Law 109–163; 119 Stat. 3385; 10

6 U.S.C. 2305 note) is repealed.

7 Subtitle D—Program Manager

8 Matters

9 SEC. 861. PROGRAM MANAGER EMPOWERMENT AND AC10 COUNTABILITY.

11 (a) STRATEGY.—The Secretary of Defense shall de12 velop a comprehensive strategy for enhancing the role of

13 Department of Defense program managers in developing

14 and carrying out defense acquisition programs.

15 (b) MATTERS TO BE ADDRESSED.—The strategy re16 quired by this section shall address, at a minimum—

17 (1) enhanced training and educational opportu18 nities for program managers;

19 (2) increased emphasis on the mentoring of cur20 rent and future program managers by experienced

21 senior executives and program managers within the

22 Department;

23 (3) improved career paths and career opportu24 nities for program managers;
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1 (4) additional incentives for the recruitment

2 and retention of highly qualified individuals to serve

3 as program managers;

4 (5) improved resources and support (including

5 systems engineering expertise, cost estimating exper6 tise, and software development expertise) for pro7 gram managers;

8 (6) improved means of collecting and dissemi9 nating best practices and lessons learned to enhance

10 program management across the Department;

11 (7) common templates and tools to support im12 proved data gathering and analysis for program

13 management and oversight purposes;

14 (8) increased accountability of program man15 agers for the results of defense acquisition pro16 grams; and

17 (9) enhanced monetary and nonmonetary

18 awards for successful accomplishment of program

19 objectives by program managers.

20 (c) REPORT.—Not later than 180 days after the date

21 of the enactment of this Act, the Secretary shall submit

22 to the congressional defense committees a report on the

23 strategy developed pursuant to this section.
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1 SEC. 862. TENURE AND ACCOUNTABILITY OF PROGRAM

2 MANAGERS FOR PROGRAM DEVELOPMENT

3 PERIODS.

4 (a) REVISED GUIDANCE REQUIRED.—Not later than

5 180 days after the date of the enactment of this Act, the

6 Secretary of Defense shall revise Department of Defense

7 guidance for defense acquisition programs to address the

8 tenure and accountability of program managers for the

9 program development period of defense acquisition pro10 grams.

11 (b) PROGRAM DEVELOPMENT PERIOD.—For the pur12 pose of this section, the term ‘‘program development pe13 riod’’ refers to the period before a decision on Milestone

14 B approval (or Key Decision Point B approval in the case

15 of a space program).

16 (c) RESPONSIBILITIES.—The revised guidance re17 quired by subsection (a) shall provide that the program

18 manager for the program development period of a defense

19 acquisition program is responsible for—

20 (1) bringing to maturity the technologies and

21 manufacturing processes that will be needed to carry

22 out such program;

23 (2) ensuring continuing focus during program

24 development on meeting stated mission requirements

25 and other requirements of the Department of De26 fense;
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1 (3) making trade-offs between program cost,

2 schedule and performance for the life-cycle of such

3 program;

4 (4) developing a business case for such pro5 gram; and

6 (5) ensuring that appropriate information is

7 available to the milestone decision authority to make

8 a decision on Milestone B approval (or Key Decision

9 Point B approval in the case of a space program),

10 including information necessary to make the certifi11 cation required by section 2366a of title 10, United

12 States Code.

13 (d) QUALIFICATIONS, RESOURCES, AND TENURE.—

14 The Secretary shall ensure that each program manager

15 for the program development period of a defense acquisi16 tion program—

17 (1) has the appropriate management, engineer18 ing, technical, and financial expertise needed to meet

19 the responsibilities assigned pursuant to subsection

20 (c);

21 (2) is provided the resources and support (in22 cluding systems engineering expertise, cost esti23 mating expertise, and software development exper24 tise) needed to meet such responsibilities; and
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1 (3) is assigned to the program manager posi2 tion for such program until such time as such pro3 gram is ready for a decision on Milestone B approval

4 (or Key Decision Point B approval in the case of a

5 space program).

6 SEC. 863. TENURE AND ACCOUNTABILITY OF PROGRAM

7 MANAGERS FOR PROGRAM EXECUTION PERI8 ODS.

9 (a) REVISED GUIDANCE REQUIRED.—Not later than

10 180 days after the date of the enactment of this Act, the

11 Secretary of Defense shall revise Department of Defense

12 guidance for defense acquisition programs to address the

13 tenure and accountability of program managers for the

14 program execution period of defense acquisition programs.

15 (b) PROGRAM EXECUTION PERIOD.—For the pur16 pose of this section, the term ‘‘program execution period’’

17 refers to the period after Milestone B approval (or Key

18 Decision Point B approval in the case of a space pro19 gram).

20 (c) RESPONSIBILITIES.—The revised guidance re21 quired by subsection (a) shall—

22 (1) require the program manager for the pro23 gram execution period of a defense acquisition pro24 gram to enter into a performance agreement with
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1 the milestone decision authority for such program

2 within six months of assignment, that—

3 (A) establishes expected parameters for the

4 cost, schedule, and performance of such pro5 gram consistent with the business case for such

6 program;

7 (B) provides the commitment of the mile8 stone decision authority to provide the level

9 funding and resources required to meet such

10 parameters; and

11 (C) provides the assurance of the program

12 manager that such parameters are achievable

13 and that such program manager will be ac14 countable for meeting such parameters; and

15 (2) provide the program manager with the au16 thority to—

17 (A) veto the addition of new program re18 quirements that would be inconsistent with the

19 parameters established in the performance

20 agreement entered pursuant to paragraph (1);

21 (B) make trade-offs between cost, schedule

22 and performance, provided that such trade-offs

23 are consistent with the parameters established

24 in the performance agreement entered pursuant

25 to paragraph (1);
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1 (C) redirect funding within such program,

2 to the extent necessary to achieve the param3 eters established in the performance agreement

4 entered pursuant to paragraph (1);

5 (D) develop such interim goals and mile6 stones as may be required to achieve the pa7 rameters established in the performance agree8 ment entered pursuant to paragraph (1); and

9 (E) use program funds to recruit and hire

10 such technical experts as may be required to

11 carry out such program, if necessary expertise

12 is not otherwise provided by the Department of

13 Defense.

14 (d) QUALIFICATIONS, RESOURCES, AND TENURE.—

15 The Secretary shall ensure that each program manager

16 for the program execution period of a defense acquisition

17 program—

18 (1) has the appropriate management, engineer19 ing, technical, and financial expertise needed to meet

20 the responsibilities assigned pursuant to subsection

21 (c);

22 (2) is provided the resources and support (in23 cluding systems engineering expertise, cost esti24 mating expertise, and software development exper25 tise) needed to meet such responsibilities; and
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1 (3) is assigned to the program manager posi2 tion for such program at the time of Milestone B ap3 proval (or Key Decision Point B approval in the case

4 of a space program) and continues in such position

5 until the delivery of the first production units of

6 such program.

7 (e) LIMITED WAIVER AUTHORITY.—The Secretary

8 may waive the requirement in subsection (d)(3) that a pro9 gram manager for the program execution period of a de10 fense acquisition program serve in that position until the

11 delivery of the first production units of such program upon

12 submitting to the congressional defense committees a writ13 ten determination that—

14 (1) such program is so complex, and the deliv15 ery of the first production units will take so long,

16 that it would not be feasible for a single individual

17 to serve as program manager for the entire period

18 covered by such subsection; and

19 (2) the complexity of such program, and length

20 of time that will be required to deliver the first pro21 duction units, are not the result of a failure to meet

22 the certification requirements established in section

23 2366a of title 10, United States Code.
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1 SEC. 864. DEPARTMENT OF DEFENSE PLAN FOR CONTIN2 GENCY PROGRAM MANAGEMENT.

3 (a) REQUIREMENT.—Not later than one year after

4 the date of the enactment of this Act, the Secretary of

5 Defense shall develop a plan for the Department of De6 fense for contingency program management during com7 bat operations and post-conflict operations.

8 (b) MATTERS TO BE COVERED.—The plan of the De9 partment of Defense for contingency program manage10 ment required by subsection (a) shall, at a minimum, pro11 vide for—

12 (1) the designation of a senior executive service

13 official on the Joint Staff with the responsibility for

14 administering the plan;

15 (2) the assignment of a senior commissioned of16 ficer of the Armed Forces with appropriate program

17 management experience and qualifications to act as

18 head of contingency program management during

19 combat operations, post-conflict operations, and con20 tingency operations, who shall report directly to the

21 commander of the combatant command in whose

22 area of responsibility the operations occur;

23 (3) a preplanned organizational structure for

24 contingency program management that is designed

25 to ensure that the Department is prepared to con26 duct contingency program management during com-
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1 bat operations and post-conflict operations, including

2 advance planning for—

3 (A) unified, agile program management

4 processes and procedures for an interagency

5 and coalition environment;

6 (B) standardized joint contract mecha7 nisms with clearly defined metrics;

8 (C) continuity of program and project

9 management;

10 (D) identification of a deployable cadre of

11 experts, trained in processes required under

12 paragraph (4);

13 (E) required information technology re14 sources and reliable, interoperable connections

15 and communications; and

16 (F) coordination of program management

17 operations with the activities of commanders in

18 the field;

19 (4) a requirement for the development of a

20 training program for contingency program manage21 ment, including—

22 (A) comprehension of program manage23 ment that focuses on cost, scope, schedule, suc24 cess metrices, project oversight, and resource

25 balancing;
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1 (B) contracting options and rules;

2 (C) procedures for the Department on

3 funding, accountability and component and

4 partner responsibilities; and

5 (D) effective communications and rules for

6 coordination with commanders in the field; and

7 (5) a requirement for identification of hiring

8 and appointment authorities for rapid deployment of

9 personnel under this section to ensure the avail10 ability of key personnel for sufficient lengths of time

11 to provide for continuing of program and project

12 management.

13 (c) UTILIZATION IN PLAN FOR INTERAGENCY PRO14 CEDURES FOR STABILIZATION AND RECONSTRUCTION OP15 ERATIONS.—To the extent practicable, the elements of the

16 plan of the Department of Defense for contingency pro17 gram management required by subsection (a) shall be

18 taken into account in the development of the plan for the

19 establishment of interagency operating procedures for sta20 bilization and reconstruction operations required by sec21 tion 1222.

22 SEC. 865. COMPTROLLER GENERAL REPORT.

23 Not later than February 1, 2007, the Comptroller

24 General of the United States shall submit to the congres25 sional defense committees a report on the actions taken
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1 by the Secretary of Defense to comply with the require2 ments of this subtitle. The report shall include a descrip3 tion of such actions and an assessment by the Comptroller

4 General of the effectiveness of such actions in meeting

5 such requirements.

6 Subtitle E—Other Matters

7 SEC. 871. CLARIFICATION OF AUTHORITY TO CARRY OUT

8 CERTAIN PROTOTYPE PROJECTS.

9 Section 845(a) of the National Defense Authorization

10 Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is

11 amended—

12 (1) in paragraph (2)(A), by inserting ‘‘or, for a

13 defense agency, the director of the defense agency’’

14 after ‘‘(41 U.S.C. 414(c))’’; and

15 (2) in paragraph (3), by inserting ‘‘or director

16 of a defense agency’’ after ‘‘executive’’.

17 SEC. 872. ONE-YEAR EXTENSION OF SPECIAL TEMPORARY

18 CONTRACT CLOSEOUT AUTHORITY.

19 Section 804(d) of the National Defense Authorization

20 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.

21 1542) is amended by striking ‘‘September 30, 2006’’ and

22 inserting ‘‘September 30, 2007’’.
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1 SEC. 873. ONE-YEAR EXTENSION OF INAPPLICABILITY OF

2 CERTAIN LAWS TO CONTRACTING WITH EM3 PLOYERS OF PERSONS WITH DISABILITIES.

4 Subsections (a)(2)(A) and (b)(2)(A) of the Ronald W.

5 Reagan National Defense Authorization Act for Fiscal

6 Year 2005 (Public Law 108–375; 118 Stat. 2021), as

7 amended by section 848(a) of the National Defense Au8 thorization Act for Fiscal Year 2006 (Public Law 109–

9 163; 119 Stat. 3395), are each further amended by strik10 ing ‘‘2006’’ and inserting ‘‘2007’’.

11 SEC. 874. PILOT PROGRAM ON EXPANDED USE OF MENTOR12 PROTEGE AUTHORITY.

13 (a) PILOT PROGRAM AUTHORIZED.—The Secretary

14 of Defense may carry out a pilot program to assess the

15 feasibility and advisability of treating small business con16 cerns described in subsection (b) as disadvantaged small

17 business concerns under the Mentor-Protege Program

18 under section 831 of the National Defense Authorization

19 Act for Fiscal Year 1991 (10 U.S.C. 2302 note).

20 (b) COVERED SMALL BUSINESS CONCERNS.—The

21 small business concerns described in this subsection are

22 small business concerns that—

23 (1) are participants in the Small Business Inno24 vative Research Program of the Department of De25 fense established pursuant to section 9 of the Small

26 Business Act (15 U.S.C. 638); and
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1 (2) as determined by the Secretary, are devel2 oping technologies that will assist in detecting or de3 feating Improvised Explosive Devices (IEDs) or

4 other critical force protection measures.

5 (c) TREATMENT AS DISADVANTAGED SMALL BUSI6 NESS CONCERNS.—

7 (1) IN GENERAL.—For purposes of the pilot

8 program, the Secretary may treat a small business

9 concern described in subsection (b) as a disadvan10 taged small business concern under the Mentor-Pro11 tege Program.

12 (2) MENTOR-PROTEGE AGREEMENT.—Any eligi13 ble business concerned approved for participation in

14 the Mentor-Protege Program as a mentor firm may

15 enter into a mentor-protege agreement and provide

16 assistance described in section 831 of the National

17 Defense Authorization Act for Fiscal Year 1991

18 with respect to a small business concern treated

19 under paragraph (1) as a disadvantaged small busi20 ness concern under the Mentor-Protege Program.

21 (d) FUNDING.—

22 (1) IN GENERAL.—Notwithstanding the limita23 tion in section 9(f)(2) of the Small Business Act (15

24 U.S.C. 638(f)(2)), funds for any reimbursement pro25 vided to a mentor firm under section 831(g) of the
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1 National Defense Authorization Act for Fiscal Year

2 1991 with respect to a small business concern de3 scribed in subsection (b) under the pilot program

4 shall be derived from funds available for the Small

5 Business Innovative Research Program of the De6 partment of Defense.

7 (2) LIMITATION.—The amount available under

8 paragraph (1) for reimbursement described in that

9 paragraph may not exceed the amount equal to one

10 percent of the funds available for the Small Business

11 Innovative Research Program.

12 (e) SUNSET.—

13 (1) AGREEMENTS.—No mentor-protege agree14 ment may be entered into under the pilot program

15 after September 30, 2010.

16 (2) OTHER MATTERS.—No reimbursement may

17 be paid, and no credit toward the attainment of a

18 subcontracting goal may be granted, under the pilot

19 program after September 30, 2013.

20 (f) REPORT.—Not later than March 1, 2009, the Sec21 retary shall submit to the appropriate committees of Con22 gress a report on the pilot program. The report shall—

23 (1) describe the extent to which mentor-protege

24 agreements have been entered under the pilot pro25 gram; and
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1 (2) describe and assess the technological bene2 fits arising under such agreements.

3 (g) DEFINITIONS.—In this section:

4 (1) The term ‘‘appropriate committees of Con5 gress’’ means—

6 (A) the Committees on Armed Services,

7 Appropriations, and Small Business and Entre8 preneurship of the Senate; and

9 (B) the Committees on Armed Services

10 and Appropriations of the House of Representa11 tives.

12 (2) The term ‘‘small business concern’’ has the

13 meaning given that term in section 831(m)(1) of the

14 National Defense Authorization Act for Fiscal Year

15 1991.

16 TITLE IX—DEPARTMENT OF DE17 FENSE ORGANIZATION AND

18 MANAGEMENT

19 Subtitle A—Duties and Functions

20 of Department of Defense Offi21 cers and Organizations

22 SEC. 901. UNITED STATES MILITARY CANCER INSTITUTE.

23 (a) ESTABLISHMENT.—Chapter 104 of title 10,

24 United States Code, is amended by adding at the end the

25 following new section:
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1 ‘‘§ 2117. United States Military Cancer Institute

2 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense

3 shall establish in the University the United States Military

4 Cancer Institute. The Institute shall be established pursu5 ant to regulations prescribed by the Secretary.

6 ‘‘(b) PURPOSES.—The purposes of the Institute are

7 as follows:

8 ‘‘(1) To establish and maintain a clearinghouse

9 of data on the incidence and prevalence of cancer

10 among members and former members of the armed

11 forces.

12 ‘‘(2) To conduct research that contributes to

13 the detection or treatment of cancer among the

14 members and former members of the armed forces.

15 ‘‘(c) HEAD OF INSTITUTE.—The Director of the

16 United States Military Cancer Institute is the head of the

17 Institute. The Director shall report to the President of the

18 University regarding matters relating to the Institute.

19 ‘‘(d) ELEMENTS.—(1) The Institute is composed of

20 clinical and basic scientists in the Department of Defense

21 who have an expertise in research, patient care, and edu22 cation relating to oncology and who meet applicable cri23 teria for affiliation with the Institute.

24 ‘‘(2) The components of the Institute include military

25 treatment and research facilities that meet applicable cri26 teria and are designated as affiliates of the Institute.
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1 ‘‘(e) RESEARCH.—(1) The Director of the United

2 States Military Cancer Institute shall carry out research

3 studies on the following:

4 ‘‘(A) The epidemiological features of cancer, in5 cluding assessments of the carcinogenic effect of ge6 netic and environmental factors, and of disparities in

7 health, inherent or common among populations of

8 various ethnic origins within the members of the

9 armed forces.

10 ‘‘(B) The prevention and early detection of can11 cer among members and former members of the

12 armed forces.

13 ‘‘(C) Basic, translational, and clinical investiga14 tion matters relating to the matters described in

15 subparagraphs (A) and (B).

16 ‘‘(2) The research studies under paragraph (1) shall

17 include complementary research on oncologic nursing.

18 ‘‘(f) COLLABORATIVE RESEARCH.—The Director of

19 the United States Military Cancer Institute shall carry out

20 the research studies under subsection (e) in collaboration

21 with other cancer research organizations and entities se22 lected by the Institute for purposes of the research studies.

23 ‘‘(g) ANNUAL REPORT.—(1) Not later than Novem24 ber 1 each year, the Director of the United States Military

25 Cancer Institute shall submit to the President of the Uni-
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1 versity a report on the current status of the research stud2 ies being carried out by the Institute under subsection (e).

3 ‘‘(2) Not later than 60 days after receiving a report

4 under paragraph (1), the President of the University shall

5 transmit such report to the Secretary of Defense and to

6 Congress.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of chapter 104 of such title is amended

9 by adding at the end the following new item:

‘‘2117. United States Military Cancer Institute.’’.

10 SEC. 902. SENIOR ACQUISITION EXECUTIVE FOR SPECIAL

11 OPERATIONS WITHIN STAFF OF THE ASSIST12 ANT SECRETARY OF DEFENSE FOR SPECIAL

13 OPERATIONS AND LOW INTENSITY CONFLICT.

14 (a) INCLUSION WITHIN STAFF.—The staff of the As15 sistant Secretary of Defense for Special Operations and

16 Low Intensity Conflict under section 138(b)(4) of title 10,

17 United States Code, shall include a senior acquisition ex18 ecutive for special operations.

19 (b) DUTIES.—The senior acquisition executive within

20 the staff of the Assistant Secretary of Defense for Special

21 Operations and Low Intensity Conflict under subsection

22 (a) shall conduct policy and management oversight of the

23 acquisition activities of the Special Operations Command

24 under section 167 of title 10, United States Code, and
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1 shall have such other duties as the Assistant Secretary

2 shall designate.

3 SEC. 903. UNITED STATES MARINE BAND AND UNITED

4 STATES MARINE DRUM AND BUGLE CORPS.

5 (a) IN GENERAL.—Section 6222 of title 10, United

6 States Code, is amended to read as follows:

7 ‘‘§ 6222. United States Marine Band; United States

8 Marine Drum and Bugle Corps: composi9 tion; appointment and promotion of mem10 bers

11 ‘‘(a) UNITED STATES MARINE BAND.—The band of

12 the Marine Corps shall be composed of one director, two

13 assistant directors, and other personnel in such numbers

14 and grades as the Secretary of the Navy determines to

15 be necessary.

16 ‘‘(b) UNITED STATES MARINE DRUM AND BUGLE

17 CORPS.—The drum and bugle corps of the Marine Corps

18 shall be composed of one commanding officer and other

19 personnel in such numbers and grades as the Secretary

20 of the Navy determines to be necessary.

21 ‘‘(c) APPOINTMENT AND PROMOTION.—(1) The Sec22 retary of the Navy shall prescribe regulations for the ap23 pointment and promotion of members of the Marine Band

24 and members of the Marine Drum and Bugle Corps.
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1 ‘‘(2) The President may from time to time appoint

2 members of the Marine Band and members of the Marine

3 Drum and Bugle Corps to grades not above the grade of

4 captain. The authority of the President to make appoint5 ments under this paragraph may be delegated only to the

6 Secretary of Defense.

7 ‘‘(3) The President, by and with the advice and con8 sent of the Senate, may from time to time appoint any

9 member of the Marine Band or of the Marine Drum and

10 Bugle Corps to a grade above the grade of captain.

11 ‘‘(d) RETIREMENT.—Unless otherwise entitled to

12 higher retired grade and retired pay, a member of the Ma13 rine Band or Marine Drum and Bugle Corps who holds,

14 or has held, an appointment under this section is entitled,

15 when retired, to be retired in, and with retired pay based

16 on, the highest grade held under this section in which the

17 Secretary of the Navy determines that such member

18 served satisfactorily.

19 ‘‘(e) REVOCATION OF APPOINTMENT.—The Secretary

20 of the Navy may revoke any appointment of a member

21 of the Marine Band or Marine Drum and Bugle Corps.

22 When a member’s appointment to a commissioned grade

23 terminates under this subsection, such member is entitled,

24 at the option of such member—
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1 ‘‘(1) to be discharged from the Marine Corps;

2 or

3 ‘‘(2) to revert to the grade and status such

4 member held at the time of appointment under this

5 section.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of chapter 565 of such title is amended

8 by striking the item relating to section 6222 and inserting

9 the following new item:

‘‘6222. United States Marine Band; United States Marine Drum and Bugle

Corps: composition; appointment and promotion of members.’’.

10 SEC. 904. MILITARY DEPUTIES TO THE ASSISTANT SECRE11 TARIES OF THE MILITARY DEPARTMENTS

12 FOR ACQUISITION, LOGISTICS, AND TECH13 NOLOGY MATTERS.

14 (a) DEPARTMENT OF THE ARMY.—

15 (1) ESTABLISHMENT OF POSITION.—There is

16 hereby established within the Department of the

17 Army the position of Military Deputy to the Assist18 ant Secretary of the Army for Acquisition, Logistics,

19 and Technology.

20 (2) LIEUTENANT GENERAL.—The individual

21 serving in the position of Military Deputy to the As22 sistant Secretary of the Army for Acquisition, Logis23 tics, and Technology shall be a lieutenant general of

24 the Army on active duty.
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1 (3) EXCLUSION FROM GRADE AND NUMBER

2 LIMITATIONS.—An officer serving in the position of

3 Military Deputy to the Assistant Secretary of the

4 Army for Acquisition, Logistics, and Technology

5 shall not be counted against the numbers and per6 centages of officers of the Army of the grade of lieu7 tenant general.

8 (b) DEPARTMENT OF THE NAVY.—

9 (1) ESTABLISHMENT OF POSITION.—There is

10 hereby established within the Department of the

11 Navy the position of Military Deputy to the Assist12 ant Secretary of the Navy for Research, Develop13 ment, and Acquisition.

14 (2) VICE ADMIRAL.—The individual serving in

15 the position of Military Deputy to the Assistant Sec16 retary of the Navy for Research, Development, and

17 Acquisition shall be a vice admiral on active duty.

18 (3) EXCLUSION FROM GRADE AND NUMBER

19 LIMITATIONS.—An officer serving in the position of

20 Military Deputy to the Assistant Secretary of the

21 Navy for Research, Development, and Acquisition

22 shall not be counted against the numbers and per23 centages of officers of the grade of vice admiral.

24 (c) DEPARTMENT OF THE AIR FORCE.—
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1 (1) ESTABLISHMENT OF POSITION.—There is

2 hereby established within the Department of the Air

3 Force the position of Military Deputy to the Assist4 ant Secretary of the Air Force for Acquisition.

5 (2) LIEUTENANT GENERAL.—The individual

6 serving in the position of Military Deputy to the As7 sistant Secretary of the Air Force for Acquisition

8 shall be a lieutenant general of the Air Force on ac9 tive duty.

10 (3) EXCLUSION FROM GRADE AND NUMBER

11 LIMITATIONS.—An officer serving in the position of

12 Military Deputy to the Assistant Secretary of the

13 Air Force for Acquisition shall not be counted

14 against the numbers and percentages of officers of

15 the Air Force of the grade of lieutenant general.

16 Subtitle B—Space Activities

17 SEC. 911. ESTABLISHMENT OF OPERATIONALLY RESPON18 SIVE SPACE CAPABILITIES.

19 (a) FINDINGS.—Congress makes the following find20 ings:

21 (1) Access to and use of space is critical for

22 preserving peace and protecting the national secu23 rity, commercial, and civil interests of the United

24 States.
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1 (2) Key priorities for the national security

2 space activities of the United States include improv3 ing the capacity to support military operations

4 worldwide and responding to strategic military

5 threats.

6 (3) To the maximum extent possible, space ca7 pabilities should be integrated into the strategy, doc8 trine, operations, and contingency plans of the

9 Armed Forces of the United States.

10 (4) The commanders of the combatant com11 mands should have access to responsive space capa12 bilities that provide prompt, focused support in their

13 theater of operations, which capabilities should com14 pliment other national and Department of Defense

15 space assets while providing direct and flexible sup16 port to the warfighter on the battlefield.

17 (5) The United States Space Transportation

18 Policy of January 6, 2005, calls for the demonstra19 tion, before 2010, of an initial capability for oper20 ationally responsive access to and use of space to

21 support the national security requirements of the

22 United States.

23 (b) POLICY.—It is the policy of the United States—
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1 (1) to demonstrate, acquire, and deploy an ef2 fective capability for operationally responsive space

3 to support the warfighter from space; and

4 (2) that the capability described in paragraph

5 (1) shall consist of—

6 (A) responsive satellite payloads;

7 (B) inexpensive space launch vehicles and

8 range procedures that facilitate the timely

9 launch of satellites;

10 (C) common technical standards for sat11 ellite busses; and

12 (D) a configuration of operations and com13 mand and control capabilities that permit the

14 warfighter to exploit responsive space assets for

15 combat operations.

16 (c) OPERATIONALLY RESPONSIVE SPACE HYBRID

17 PROGRAM OFFICE.—

18 (1) IN GENERAL.—The Secretary of Defense

19 shall establish within the Department of Defense an

20 office to be known as the Operationally Responsive

21 Space Hybrid Program Office (in this subsection re22 ferred to as the ‘‘Office’’).

23 (2) ELEMENTS.—The Office shall consist of ele24 ments of the Department of Defense selected by the

25 Secretary from among the science and technology,
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1 acquisition, and operations elements of the Depart2 ment having the capacity to contribute to the devel3 opment of capabilities for operationally responsive

4 space. Such elements shall be selected so as to

5 achieve a balanced representation of the military de6 partments in the Office in order to ensure proper ac7 knowledgment of joint considerations in the activi8 ties of the Office.

9 (3) ORGANIZATION OF ELEMENTS.—The ele10 ments of the Office under paragraph (2) shall be or11 ganized by the Secretary into divisions as follows:

12 (A) A science and technology division that

13 shall pursue innovative approaches to the devel14 opment of capabilities for operationally respon15 sive space through basic and applied research

16 focused on payloads, bus, and launch equip17 ment.

18 (B) An acquisition division that shall un19 dertake the acquisition of systems necessary to

20 procure, integrate, sustain, and launch assets

21 for operationally responsive space.

22 (C) An operations division that shall—

23 (i) sustain and maintain assets for

24 operationally responsive space prior to

25 launch;
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1 (ii) integrate and launch such assets;

2 and

3 (iii) operate such assets in orbit.

4 (D) A combatant command support divi5 sion that shall serve as the primary inter6 mediary between the military departments and

7 the combatant commands on operationally re8 sponsive space, including the integration of as9 sets for operationally responsive space into—

10 (i) the operations plans of the combat11 ant commands;

12 (ii) the training and tactics proce13 dures of the military departments; and

14 (iii) military exercises, demonstra15 tions, and war games.

16 (3) ACCOUNTABILITY.—The head of the Office

17 shall report to the Executive Agent for Space of the

18 Department of Defense regarding the activities of

19 Office under this subsection.

20 (4) ACQUISITION AUTHORITY.—The acquisition

21 activities of the Office shall be subject to the fol22 lowing:

23 (A) The Executive Agent for Space of the

24 Department of Defense shall be the senior ac25 quisition executive of the Office.
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1 (B) The Joint Capabilities Integration and

2 Development System process shall not apply to

3 acquisitions by the Office.

4 (C) The commander of the United States

5 Strategic Command, or a designate of the com6 mander, shall—

7 (i) validate all system requirements

8 for systems to be acquired by the Office;

9 and

10 (ii) participate in the approval of any

11 acquisition program initiated by the Office.

12 (D) The unit procurement cost of a launch

13 vehicle procured by the Office may not exceed

14 $20,000,000.

15 (E) The unit procurement cost of an inte16 grated satellite procured by the Office may not

17 exceed $40,000,000.

18 (5) ADJUSTMENT OF UNIT PROCUREMENT COST

19 LIMITS.—The Executive Agent for Space shall ad20 just the amounts specified in subparagraphs (D) and

21 (E) of paragraph (4) to take into account the effects

22 of inflation. Such adjustment shall take place once

23 every five years.

24 (d) PLAN FOR OPERATIONALLY RESPONSIVE

25 SPACE.—
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1 (1) PLAN REQUIRED.—Not later than 180 days

2 after the date of the enactment of this Act, the Sec3 retary of Defense shall submit to the congressional

4 defense committees a report setting forth a plan for

5 the acquisition by the Department of Defense of ca6 pabilities for operationally responsive space to sup7 port the warfighter.

8 (2) ELEMENTS.—The plan required by para9 graph (1) shall include the following:

10 (A) An identification of the roles and mis11 sions of each military department, Defense

12 Agency, and other component or element of the

13 Department of Defense for the fulfillment of

14 the mission of the Department with respect to

15 operationally responsive space.

16 (B) An identification of the capabilities re17 quired by the Department to fulfill such mis18 sion.

19 (C) A description of the chain of command

20 and reporting structure of the Operationally

21 Responsive Space Hybrid Program Office under

22 subsection (c).

23 (D) The security classification level re24 quired for the Office in order to ensure that the
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1 Office carries out its responsibilities under sub2 section (c) in a proper and efficient manner.

3 (E) A description of the acquisition policies

4 and procedures applicable to the Office, includ5 ing a description of any legislative or adminis6 trative action necessary to provide the Office

7 additional acquisition authority to carry out its

8 responsibilities.

9 (F) A schedule for the implementation of

10 the plan.

11 (G) The funding and personnel required to

12 implement the plan over the course of the cur13 rent future-years defense program under section

14 221 of title 10, United States Code.

15 (e) DEFINITIONS.—In this section:

16 (1) The term ‘‘operationally responsive space’’

17 means the development and launch of space assets

18 upon demand in a low-cost manner.

19 (2) The term ‘‘procurement unit cost’’ has the

20 meaning given that term in section 2432(a) of title

21 10, United States Code.
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1 SEC. 912. EXTENSION OF AUTHORITY FOR PILOT PROGRAM

2 ON PROVISION OF SPACE SURVEILLANCE

3 NETWORK SERVICES TO NON-UNITED STATES

4 GOVERNMENT ENTITIES.

5 Section 2274(i) of title 10, United States Code, is

6 amended by striking ‘‘shall be conducted during the three7 year period beginning on a date specified by the Secretary

8 of Defense, which date shall be not later than 180 days

9 after the date of the enactment of this section’’ and insert10 ing ‘‘may be conducted through September 30, 2009’’.

11 SEC. 913. INDEPENDENT REVIEW AND ASSESSMENT OF DE12 PARTMENT OF DEFENSE ORGANIZATION AND

13 MANAGEMENT FOR NATIONAL SECURITY IN

14 SPACE.

15 (a) INDEPENDENT REVIEW AND ASSESSMENT RE16 QUIRED.—

17 (1) IN GENERAL.—The Secretary of Defense

18 shall provide for an independent review and assess19 ment of the organization and management of the

20 Department of Defense for national security in

21 space.

22 (2) CONDUCT OF REVIEW.—The review and as23 sessment shall be conducted by an appropriate entity

24 outside the Department of Defense selected by the

25 Secretary for purposes of this section.
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1 (3) ELEMENTS.—The review and assessment

2 shall address the following:

3 (A) The requirements of the Department

4 of Defense for national security space capabili5 ties, as identified by the Department, and the

6 efforts of the Department to fulfill such re7 quirements.

8 (B) The future space missions of the De9 partment, and the plans of the Department to

10 meet the future space missions.

11 (C) The actions that could be taken by the

12 Department to modify the organization and

13 management of the Department over the near14 term, medium-term, and long-term in order to

15 strengthen United States national security in

16 space, and the ability of the Department to im17 plement its requirements and carry out the fu18 ture space missions, including the following:

19 (i) Actions to exploit existing and

20 planned military space assets to provide

21 support for United States military oper22 ations.

23 (ii) Actions to improve or enhance

24 current interagency coordination processes

25 regarding the operation of national secu-
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1 rity space assets, including improvements

2 or enhancements in interoperability and

3 communications.

4 (iii) Actions to improve or enhance the

5 relationship between the intelligence as6 pects of national security space (so-called

7 ‘‘black space’’) and the non-intelligence as8 pects of national security space (so-called

9 ‘‘white space’’).

10 (iv) Actions to improve or enhance the

11 manner in which military space issues are

12 addressed by professional military edu13 cation institutions.

14 (4) LIAISON.—The Secretary shall designate at

15 least one senior civilian employee of the Department

16 of Defense, and at least one general or flag officer

17 of an Armed Force, to serve as liaison between the

18 Department, the Armed Forces, and the entity con19 ducting the review and assessment.

20 (b) REPORT.—

21 (1) IN GENERAL.—Not later than one year

22 after the date of the enactment of this Act, the enti23 ty conducting the review and assessment shall sub24 mit to the Secretary and the congressional defense

25 committees a report on the review and assessment.
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1 (2) ELEMENTS.—The report shall include—

2 (A) the results of the review and assess3 ment; and

4 (B) recommendations on the best means by

5 which the Department may improve its organi6 zation and management for national security in

7 space.

8 Subtitle C—Other Matters

9 SEC. 921. DEPARTMENT OF DEFENSE POLICY ON UN10 MANNED SYSTEMS.

11 (a) POLICY REQUIRED.—The Secretary of Defense

12 shall, in consultation with the Chairman of the Joint

13 Chiefs of Staff, develop a policy applicable throughout the

14 Department of Defense on research, development, test,

15 and evaluation, procurement, and operation of unmanned

16 systems.

17 (b) ELEMENTS.—The policy required by subsection

18 (a) shall include the following:

19 (1) Mission requirements (including mission re20 quirements for the military departments and joint

21 mission requirements) for unmanned systems to re22 place manned systems in the performance of routine

23 or dangerous missions.
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1 (2) A strategy and schedules for the replace2 ment of manned systems with unmanned systems in

3 the performance of such missions.

4 (3) Preference for joint unmanned systems in

5 acquisition programs for new systems, including a

6 requirement under any such program for the devel7 opment of a manned system for a certification that

8 an unmanned system is incapable of meeting pro9 gram requirements.

10 (4) Joint development and procurement of un11 manned systems and components.

12 (5) A strategy for the divestment of the mili13 tary department unmanned systems unique to a par14 ticular department with a preference for joint un15 manned systems.

16 (6) Programs to address technical, operational,

17 and production challenges, and gaps in capabilities,

18 with respect to unmanned systems.

19 (7) An organizational structure for effective

20 management, coordination, and budgeting for the

21 development and procurement of unmanned systems,

22 including an assessment of the feasibility and advis23 ability of designating a single department or other

24 element of the Department of Defense to act as ex-
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1 ecutive agent for the Department on unmanned sys2 tems.

3 (8) Requirements for the integration of un4 manned and manned missions.

5 (9) Requirements in order to satisfy the goals

6 for unmanned air and ground systems established in

7 section 220 of the Floyd D. Spence National De8 fense Authorization Act for Fiscal Year 2001 (as en9 acted into law by Public Law 106–398; 114 Stat.

10 1654A–38).

11 (c) REPORT.—Not later than 120 days after the date

12 of the enactment of this Act, the Secretary shall submit

13 to the congressional defense committees a report setting

14 forth the policy required by subsection (a).

15 SEC. 922. EXECUTIVE SCHEDULE LEVEL IV FOR DEPUTY

16 UNDER SECRETARY OF DEFENSE FOR LOGIS17 TICS AND MATERIEL READINESS.

18 (a) EXECUTIVE SCHEDULE LEVEL IV.—Section

19 5315 of title 5, United States Code, is amended by insert20 ing after the item relating to the Deputy Under Secretary

21 of Defense for Personnel and Readiness the following new

22 item:

23 ‘‘Deputy Under Secretary of Defense for Logis24 tics and Materiel Readiness.’’.
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1 (b) CONFORMING AMENDMENT.—Section 5314 of

2 title 5, United States Code, is amended by striking the

3 item relating to the Deputy Under Secretary of Defense

4 for Logistics and Materiel Readiness.

5 (c) EFFECTIVE DATE.—The amendments made by

6 this section shall take effect on the date of the enactment

7 of this Act, and shall apply with respect to individuals ap8 pointed as Deputy Under Secretary of Defense for Logis9 tics and Materiel Readiness on or after that date.

10 SEC. 923. THREE-YEAR EXTENSION OF JOINT INCENTIVES

11 PROGRAM ON SHARING OF HEALTH CARE RE12 SOURCES BY THE DEPARTMENT OF DEFENSE

13 AND DEPARTMENT OF VETERANS AFFAIRS.

14 Section 8111(d)(4) of title 38, United States Code,

15 is amended by striking ‘‘September 30, 2007’’ and insert16 ing ‘‘September 30, 2010’’.

17 SEC. 924. SENSE OF SENATE ON NOMINATION OF INDI18 VIDUAL TO SERVE AS DIRECTOR OF OPER19 ATIONAL TEST AND EVALUATION ON A PER20 MANENT BASIS.

21 (a) FINDINGS.—The Senate makes the following

22 findings:

23 (1) Congress established the position of Direc24 tor of Operational Test and Evaluation of the De25 partment of Defense in 1983 to ensure the oper-
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1 ational effectiveness and suitability of weapon sys2 tems in combat.

3 (2) The Director of Operational Test and Eval4 uation serves as the principal adviser to the Sec5 retary of Defense on operational test and evaluation

6 and is vital to ensuring the operational effectiveness

7 of weapon systems in combat.

8 (3) The position of Director of Operational Test

9 and Evaluation has been held on an acting basis

10 since February 15, 2005.

11 (b) SENSE OF SENATE.—It is the sense of the Senate

12 that the President should submit to the Senate the nomi13 nation of an individual for the position of Director of

14 Operational Test and Evaluation as soon as practicable.

15 SEC. 925. INCLUSION OF HOMELAND DEFENSE AND CIVIL

16 SUPPORT MISSIONS OF THE NATIONAL

17 GUARD AND RESERVES IN THE QUADREN18 NIAL DEFENSE REVIEW.

19 Section 118(d) of title 10, United States Code, is

20 amended—

21 (1) by redesignating paragraph (15) as para22 graph (16); and

23 (2) by inserting after paragraph (14) the fol24 lowing new paragraph (15):
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1 ‘‘(15) The homeland defense mission and civil

2 support missions of the active and reserve compo3 nents of the armed forces, including the organization

4 and capabilities required for the active and reserve

5 components to discharge each such mission.’’.

6 SEC. 926. REFORMS TO THE DEFENSE TRAVEL SYSTEM TO

7 A FEE-FOR-USE-OF-SERVICE SYSTEM.

8 No later than one year after the enactment of this

9 Act, the Secretary of Defense may not obligate or expend

10 any funds related to the Defense Travel System except

11 those funds obtained through a one-time, fixed price serv12 ice fee per Department of Defense customer utilizing the

13 system with an additional fixed fee for each transaction.

14 SEC. 927. REPORT ON INCORPORATION OF ELEMENTS OF

15 THE RESERVE COMPONENTS INTO THE SPE16 CIAL FORCES.

17 (a) FINDINGS.—The Senate makes the following

18 findings:

19 (1) The Quadrennial Defense Review rec20 ommends an increase in the size of the Special Oper21 ations Command and the Special Forces as a funda22 mental part of our efforts to fight the war on terror.

23 (2) The Special Forces play a crucial role in the

24 war on terror, and the expansion of their force
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1 structure as outlined in the Quadrennial Defense

2 Review should be fully funded.

3 (3) Expansion of the Special Forces should be

4 consistent with the Total Force Policy.

5 (4) The Secretary of Defense should assess

6 whether the establishment of additional reserve com7 ponent Special Forces units and associated units is

8 consistent with the Total Force Policy.

9 (5) Training areas in high-altitude and moun10 tainous areas represent a national asset for pre11 paring Special Forces units and personnel for duty

12 in similar regions of Central Asia.

13 (b) REPORT ON INCORPORATION OF ELEMENTS INTO

14 SPECIAL FORCES.—Not later than six months after the

15 date of the enactment of this Act, the Secretary of Defense

16 shall submit to the congressional defense committees a re17 port to address whether units and capabilities should be

18 incorporated into the reserve components of the Armed

19 Forces as part of the expansion of the Special Forces as

20 outlined in the Quadrennial Defense Review, and con21 sistent with the Total Force Policy.

22 (c) REPORT ON SPECIAL FORCES TRAINING.—Not

23 later than six months after the date of the enactment of

24 this Act, the Secretary of Defense shall submit to the con25 gressional defense committees a report on the effort taken
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1 by the United States Special Operations Command to pro2 vide Special Forces training in high-altitude and moun3 tainous areas within the United States.

4 Subtitle D—National Guard Bureau

5 Matters

6 SEC. 931. SHORT TITLE.

7 This title may be cited as the ‘‘National Defense En8 hancement and National Guard Empowerment Act of

9 2006’’.

10 SEC. 932. EXPANDED AUTHORITY OF CHIEF OF THE NA11 TIONAL GUARD BUREAU AND EXPANDED

12 FUNCTIONS OF THE NATIONAL GUARD BU13 REAU.

14 (a) EXPANDED AUTHORITY.—

15 (1) IN GENERAL.—Subsection (a) of section

16 10501 of title 10, United States Code, is amended

17 by striking ‘‘joint bureau of the Department of the

18 Army and the Department of the Air Force’’ and in19 serting ‘‘joint activity of the Department of De20 fense’’.

21 (2) PURPOSE.—Subsection (b) of such section

22 is amended by striking ‘‘between’’ and all that fol23 lows and inserting ‘‘between—

24 ‘‘(1)(A) the Secretary of Defense, the Joint

25 Chiefs of Staff, and the commanders of the combat-
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1 ant commands for the United States, and (B) the

2 Department of the Army and the Department of the

3 Air Force; and

4 ‘‘(2) the several States.’’.

5 (b) ENHANCEMENTS OF POSITION OF CHIEF OF THE

6 NATIONAL GUARD BUREAU.—

7 (1) ADVISORY FUNCTION ON NATIONAL GUARD

8 MATTERS.—Subsection (c) of section 10502 of title

9 10, United States Code, is amended by inserting ‘‘to

10 the Secretary of Defense, to the Chairman of the

11 Joint Chiefs of Staff,’’ after ‘‘principal advisor’’.

12 (2) GRADE.—Subsection (e) of such section, as

13 redesignated by paragraph (2)(A)(i) of this sub14 section, is further amended by striking ‘‘lieutenant

15 general’’ and inserting ‘‘general’’.

16 (3) ANNUAL REPORT TO CONGRESS ON VALI17 DATED REQUIREMENTS.—Section 10504 of such

18 title is amended by adding at the end the following

19 new subsection:

20 ‘‘(c) ANNUAL REPORT ON VALIDATED REQUIRE21 MENTS.—Not later than December 31 each year, the Chief

22 of the National Guard Bureau shall submit to Congress

23 a report on the requirements validated under section

24 10503a(b)(1) of this title during the preceding fiscal

25 year.’’.
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1 (c) ENHANCEMENT OF FUNCTIONS OF NATIONAL

2 GUARD BUREAU.—

3 (1) DEVELOPMENT OF CHARTER.—Section

4 10503 of title 10, United States Code, is amended—

5 (A) in the matter preceding paragraph (1),

6 by striking ‘‘The Secretary of the Army and the

7 Secretary of the Air Force shall jointly develop’’

8 and inserting ‘‘The Secretary of Defense, in

9 consultation with the Secretary of the Army

10 and the Secretary of the Air Force, shall de11 velop’’; and

12 (B) in paragraph (12), by striking ‘‘the

13 Secretaries’’ and inserting ‘‘the Secretary of

14 Defense’’.

15 (2) ADDITIONAL GENERAL FUNCTIONS.—Such

16 section is further amended—

17 (A) by redesignating paragraph (12), as

18 amended by paragraph (1)(B) of this sub19 section, as paragraph (13); and

20 (B) by inserting after paragraph (11) the

21 following new paragraph (12):

22 ‘‘(12) Facilitating and coordinating with other

23 Federal agencies, and with the several States, the

24 use of National Guard personnel and resources for

25 and in contingency operations, military operations
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1 other than war, natural disasters, support of civil

2 authorities, and other circumstances.’’.

3 (3) MILITARY ASSISTANCE FOR CIVIL AUTHORI4 TIES.—Chapter 1011 of such title is further amend5 ed by inserting after section 10503 the following

6 new section:

7 ‘‘§ 10503a. Functions of National Guard Bureau: mili8 tary assistance to civil authorities

9 ‘‘(a) IDENTIFICATION OF ADDITIONAL NECESSARY

10 ASSISTANCE.—The Chief of the National Guard Bureau

11 shall—

12 ‘‘(1) identify gaps between Federal and State

13 capabilities to prepare for and respond to emer14 gencies; and

15 ‘‘(2) make recommendations to the Secretary of

16 Defense on programs and activities of the National

17 Guard for military assistance to civil authorities to

18 address such gaps.

19 ‘‘(b) SCOPE OF RESPONSIBILITIES.—In meeting the

20 requirements of subsection (a), the Chief of the National

21 Guard Bureau shall, in coordination with the Adjutant

22 Generals of the States, have responsibilities as follows:

23 ‘‘(1) To validate the requirements of the several

24 States and Territories with respect to military as25 sistance to civil authorities.
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1 ‘‘(2) To develop doctrine and training require2 ments relating to the provision of military assistance

3 to civil authorities.

4 ‘‘(3) To administer amounts provided the Na5 tional Guard for the provision of military assistance

6 to civil authorities.

7 ‘‘(4) To carry out any other responsibility relat8 ing to the provision of military assistance to civil au9 thorities as the Secretary of Defense shall specify.

10 ‘‘(c) ASSISTANCE.—The Chairman of the Joint

11 Chiefs of Staff shall assist the Chief of the National Guard

12 Bureau in carrying out activities under this section.

13 ‘‘(d) CONSULTATION.—The Chief of the National

14 Guard Bureau shall carry out activities under this section

15 in consultation with the Secretary of the Army and the

16 Secretary of the Air Force.’’.

17 (4) LIMITATION ON INCREASE IN PERSONNEL

18 OF NATIONAL GUARD BUREAU.—The Secretary of

19 Defense shall, to the extent practicable, ensure that

20 no additional personnel are assigned to the National

21 Guard Bureau in order to address administrative or

22 other requirements arising out of the amendments

23 made by this subsection.

24 (d) CONFORMING AND CLERICAL AMENDMENTS.—
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1 (1) CONFORMING AMENDMENT.—The heading

2 of section 10503 of such title is amended to read as

3 follows:

4 ‘‘§ 10503. Functions of National Guard Bureau: char5 ter’’.

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 1011 of such title

8 is amended by striking the item relating to section

9 10503 and inserting the following new items:

‘‘10503. Functions of National Guard Bureau: charter.

‘‘10503a. Functions of National Guard Bureau: military assistance to civil authorities.’’.

10 SEC. 933. REQUIREMENT THAT POSITION OF DEPUTY COM11 MANDER OF THE UNITED STATES NORTHERN

12 COMMAND BE FILLED BY A QUALIFIED NA13 TIONAL GUARD OFFICER.

14 (a) IN GENERAL.—The position of Deputy Com15 mander of the United States Northern Command shall be

16 filled by a qualified officer of the National Guard who is

17 eligible for promotion to the grade of lieutenant general.

18 (b) PURPOSE.—The purpose of the requirement in

19 subsection (a) is to ensure that information received from

20 the National Guard Bureau regarding the operation of the

21 National Guard of the several States is integrated into the

22 plans and operations of the United States Northern Com23 mand.
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1 TITLE X—GENERAL PROVISIONS

2 Subtitle A—Financial Matters

3 SEC. 1001. TRANSFER AUTHORITY.

4 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

5 (1) AUTHORITY.—Upon determination by the

6 Secretary of Defense that such action is necessary in

7 the national interest, the Secretary may transfer

8 amounts of authorizations made available to the De9 partment of Defense in this division for fiscal year

10 2007 between any such authorizations for that fiscal

11 year (or any subdivisions thereof). Amounts of au12 thorizations so transferred shall be merged with and

13 be available for the same purposes as the authoriza14 tion to which transferred.

15 (2) AGGREGATE LIMITATION.—The total

16 amount of authorizations that the Secretary may

17 transfer under the authority of this section may not

18 exceed $4,000,000,000.

19 (b) LIMITATIONS.—The authority provided by this

20 section to transfer authorizations—

21 (1) may only be used to provide authority for

22 items that have a higher priority than the items

23 from which authority is transferred; and
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1 (2) may not be used to provide authority for an

2 item that has been denied authorization by Con3 gress.

4 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

5 transfer made from one account to another under the au6 thority of this section shall be deemed to increase the

7 amount authorized for the account to which the amount

8 is transferred by an amount equal to the amount trans9 ferred.

10 (d) NOTICE TO CONGRESS.—The Secretary shall

11 promptly notify Congress of each transfer made under

12 subsection (a).

13 SEC. 1002. AUTHORIZATION OF ADDITIONAL EMERGENCY

14 SUPPLEMENTAL APPROPRIATIONS FOR FIS15 CAL YEAR 2006.

16 (a) IRAQ, AFGHANISTAN, AND THE GLOBAL WAR ON

17 TERROR.—Amounts authorized to be appropriated to the

18 Department of Defense for fiscal year 2006 in the Na19 tional Defense Authorization Act for Fiscal Year 2006

20 (Public Law 109–163) are hereby adjusted, with respect

21 to any such authorized amount, by the amount by which

22 appropriations pursuant to such authorization are in23 creased by a supplemental appropriation, or decreased by

24 a rescission, or both, or are increased by a transfer of

25 funds, pursuant to title I of the Emergency Supplemental
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1 Appropriations Act for Defense, the Global War on Ter2 ror, and Hurricane Recovery, 2006 (Public Law 109–

3 234).

4 (b) HURRICANE DISASTER RELIEF AND RECOV5 ERY.—Amounts authorized to be appropriated to the De6 partment of Defense for fiscal year 2006 in the National

7 Defense Authorization Act for Fiscal Year 2006 are here8 by adjusted, with respect to any such authorized amount,

9 by the amount by which appropriations pursuant to such

10 authorization are increased by a supplemental appropria11 tion, or decreased by a rescission, or both, or are increased

12 by a transfer of funds, pursuant to title II of the Emer13 gency Supplemental Appropriations Act for Defense, the

14 Global War on Terror, and Hurricane Recovery, 2006.

15 (c) BORDER SECURITY.—Amounts authorized to be

16 appropriated to the Department of Defense for fiscal year

17 2006 in the National Defense Authorization Act for Fiscal

18 Year 2006 are hereby adjusted, with respect to any such

19 authorized amount, by the amount by which appropria20 tions pursuant to such authorization are increased by a

21 supplemental appropriation, or decreased by a rescission,

22 or both, or are increased by a transfer of funds, pursuant

23 to title V of the Emergency Supplemental Appropriations

24 Act for Defense, the Global War on Terror, and Hurricane

25 Recovery, 2006.
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1 SEC. 1003. REDUCTION IN CERTAIN AUTHORIZATIONS DUE

2 TO SAVINGS RELATING TO LOWER INFLA3 TION.

4 (a) REDUCTION.—The aggregate amount authorized

5 to be appropriated by titles I, II, and III is the amount

6 equal to the sum of all the amounts authorized to be ap7 propriated by such titles reduced by $951,469,000.

8 (b) SOURCE OF SAVINGS.—Reductions required in

9 order to comply with subsection (a) shall be derived from

10 savings resulting from lower-than-expected inflation as a

11 result of a review of the inflation assumptions used in the

12 preparation of the budget of the President for fiscal year

13 2007, as submitted to Congress pursuant to section 1005

14 of title 31, United States Code.

15 (c) ALLOCATION OF REDUCTION.—The Secretary of

16 Defense shall allocate the reduction required by subsection

17 (a) among the amounts authorized to be appropriated for

18 accounts in titles I, II, and III to reflect the extent to

19 which net savings from lower-than-expected inflation are

20 allocable to amounts authorized to be appropriated to such

21 accounts.

22 SEC. 1004. INCREASE IN FISCAL YEAR 2006 GENERAL

23 TRANSFER AUTHORITY.

24 Section 1001(a)(2) of the National Defense Author25 ization Act for Fiscal Year 2006 (Public Law 109–163;
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1 119 Stat. 3418) is amended by striking ‘‘$3,500,000,000’’

2 and inserting ‘‘$5,000,000,000’’.

3 SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COM4 MON-FUNDED BUDGETS IN FISCAL YEAR 2007.

5 (a) FISCAL YEAR 2007 LIMITATION.—The total

6 amount contributed by the Secretary of Defense in fiscal

7 year 2007 for the common-funded budgets of NATO may

8 be any amount up to, but not in excess of, the amount

9 specified in subsection (b) (rather than the maximum

10 amount that would otherwise be applicable to those con11 tributions under the fiscal year 1998 baseline limitation).

12 (b) TOTAL AMOUNT.—The amount of the limitation

13 applicable under subsection (a) is the sum of the following:

14 (1) The amounts of unexpended balances, as of

15 the end of fiscal year 2006, of funds appropriated

16 for fiscal years before fiscal year 2007 for payments

17 for those budgets.

18 (2) The amount specified in subsection (c)(1).

19 (3) The amount specified in subsection (c)(2).

20 (4) The total amount of the contributions au21 thorized to be made under section 2501.

22 (c) AUTHORIZED AMOUNTS.—Amounts authorized to

23 be appropriated by titles II and III of this Act are avail24 able for contributions for the common-funded budgets of

25 NATO as follows:
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1 (1) Of the amount provided in section 201(1),

2 $797,000 for the Civil Budget.

3 (2) Of the amount provided in section 301(1),

4 $310,277,000 for the Military Budget.

5 (d) DEFINITIONS.—For purposes of this section:

6 (1) COMMON-FUNDED BUDGETS OF NATO.—

7 The term ‘‘common-funded budgets of NATO’’

8 means the Military Budget, the Security Investment

9 Program, and the Civil Budget of the North Atlantic

10 Treaty Organization (and any successor or addi11 tional account or program of NATO).

12 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

13 The term ‘‘fiscal year 1998 baseline limitation’’

14 means the maximum annual amount of Department

15 of Defense contributions for common-funded budgets

16 of NATO that is set forth as the annual limitation

17 in section 3(2)(C)(ii) of the resolution of the Senate

18 giving the advice and consent of the Senate to the

19 ratification of the Protocols to the North Atlantic

20 Treaty of 1949 on the Accession of Poland, Hun21 gary, and the Czech Republic (as defined in section

22 4(7) of that resolution), approved by the Senate on

23 April 30, 1998.
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1 SEC. 1006. MODIFICATION OF DATE OF SUBMITTAL OF OMB/

2 CBO REPORT ON SCORING OF OUTLAYS.

3 Section 226(a) of title 10, United States Code, is

4 amended by striking ‘‘January 15 of each year’’ and in5 serting ‘‘April 1 of each year’’.

6 SEC. 1007. PROHIBITION ON PARKING OF FUNDS.

7 (a) PROHIBITION.—

8 (1) IN GENERAL.—Chapter 165 of title 10,

9 United States Code, is amended by inserting after

10 section 2773a the following new section:

11 ‘‘§ 2773b. Parking of funds: prohibition; penalties

12 ‘‘(a) PROHIBITION.—An officer or employee of the

13 Department of Defense may not direct the designation of

14 funds for a particular purpose in the budget of the Presi15 dent, as submitted to Congress pursuant to section 1105

16 of title 31, or the supporting documents of the Depart17 ment of Defense component of such budget, with the

18 knowledge or intent that such funds, if made available to

19 the Department, will not be used for the purpose for which

20 they are designated.

21 ‘‘(b) PENALTIES.—The direction of the designation

22 of funds in violation of the prohibition in subsection (a)

23 shall be treated for purposes of chapter 13 of title 31 as

24 a violation of section 1341(a)(1)(A) of title 31.’’.

25 (2) CLERICAL AMENDMENT.—The table of sec26 tions at the beginning of chapter 165 of such title
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1 is amended by inserting after the item relating to

2 section 2773a the following new item:

‘‘2773b. Parking of funds: prohibition; penalties.’’.

3 (b) EFFECTIVE DATE.—

4 (1) IN GENERAL.—The amendments made by

5 subsection (a) shall take effect on the date that is

6 31 days after the date of the enactment of this Act.

7 (2) MODIFICATION OF CERTAIN POLICIES AND

8 REGULATIONS.—Not later than 30 days after the

9 date of the enactment of this Act, the Secretary of

10 Defense shall modify the policies and regulations of

11 the Department of Defense regarding the prepara12 tion and submittal to Congress of budget materials

13 for the Department of Defense to take into account

14 the provisions of section 2773b of title 10, United

15 States Code (as added by subsection (a)).

16 SEC. 1008. INCORPORATION OF CLASSIFIED ANNEX.

17 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

18 Annex prepared by the Committee on Armed Services of

19 the Senate to accompany S. 2766 of the 109th Congress

20 and transmitted to the President is hereby incorporated

21 into this Act.

22 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

23 ACT.—The amounts specified in the Classified Annex are

24 not in addition to amounts authorized to be appropriated

25 by other provisions of this Act.
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1 (c) LIMITATION ON USE OF FUNDS.—Funds appro2 priated pursuant to an authorization contained in this Act

3 that are made available for a program, project, or activity

4 referred to in the Classified Annex may only be expended

5 for such program, project, or activity in accordance with

6 such terms, conditions, limitations, restrictions, and re7 quirements as are set out for such program, project, or

8 activity in the Classified Annex.

9 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

10 President shall provide for appropriate distribution of the

11 Classified Annex, or of appropriate portions of the annex,

12 within the executive branch of the Government.

13 SEC. 1009. REPORTS TO CONGRESS AND NOTICE TO PUBLIC

14 ON EARMARKS IN FUNDS AVAILABLE TO THE

15 DEPARTMENT OF DEFENSE.

16 (a) ANNUAL REPORT AND NOTICE REQUIRED.—The

17 Secretary of Defense shall submit to Congress, and post

18 on the Internet website of the Department of Defense

19 available to the public, each year information as follows:

20 (1) A description of each earmark of funds

21 made available to the Department of Defense for the

22 previous fiscal year, including the location (by city,

23 State, country, and congressional district if relevant)

24 in which the earmarked funds are to be utilized, the
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1 purpose of such earmark (if known), and the recipi2 ent of such earmark.

3 (2) The total cost of administering each such

4 earmark including the amount of such earmark,

5 staff time, administrative expenses, and other costs.

6 (3) The total cost of administering all such ear7 marks.

8 (4) An assessment of the utility of each such

9 earmark in meeting the goals of the Department, set

10 forth using a rating system as follows:

11 (A) A for an earmark that directly ad12 vances the primary goals of the Department or

13 an agency, element, or component of the De14 partment.

15 (B) B for an earmark that advances many

16 of the primary goals of the Department or an

17 agency, element, or component of the Depart18 ment.

19 (C) C for an earmark that may advance

20 some of the primary goals of the Department or

21 an agency, element, or component of the De22 partment.

23 (D) D for an earmark that cannot be dem24 onstrated as being cost-effective in advancing

25 the primary goals of the Department or any
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1 agency, element, or component of the Depart2 ment.

3 (E) F for an earmark that distracts from

4 or otherwise impedes that capacity of the De5 partment to meet the primary goals of the De6 partment.

7 (b) EARMARK DEFINED.—In this section, the term

8 ‘‘earmark’’ means a provision of law, or a directive con9 tained within a joint explanatory statement or report ac10 companying a conference report or bill (as applicable),

11 that specifies the identity of an entity, program, project,

12 or service, including a defense system, to receive assist13 ance not requested by the President and the amount of

14 the assistance to be so received.

15 Subtitle B—Naval Vessels

16 SEC. 1011. REPEAL OF REQUIREMENT FOR 12 OPER17 ATIONAL AIRCRAFT CARRIERS WITHIN THE

18 NAVY.

19 Section 5062 of title 10, United States Code, is

20 amended—

21 (1) by striking subsection (b); and

22 (2) by redesignating subsections (c) and (d) as

23 subsections (b) and (c), respectively.
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1 SEC. 1012. APPROVAL OF TRANSFER OF NAVAL VESSELS TO

2 FOREIGN NATIONS BY VESSEL CLASS.

3 Section 7307(a) of title 10, United States Code, is

4 amended by inserting ‘‘or vessel of that class’’ after ‘‘that

5 vessel’’.

6 SEC. 1013. NAMING OF CVN–78 AIRCRAFT CARRIER AS THE

7 U.S.S. GERALD FORD.

8 (a) FINDINGS.—Congress makes the following find9 ings:

10 (1) Gerald R. Ford has served his country with

11 honor and distinction for the past 64 years, and con12 tinues to serve.

13 (2) Gerald R. Ford joined the United States

14 Naval Reserve in 1942 and served valiantly at sea

15 on the U.S.S. Monterey (CVL–26) during World

16 War II, taking part in major operations in the Pa17 cific, including at Makin Island, Kwajalein, Truk,

18 Saipan, and the Philippine Sea.

19 (3) The U.S.S. Monterey earned 10 battle

20 stars, awarded for participation in battle, while Ger21 ald R. Ford served on the vessel.

22 (4) Gerald R. Ford was first elected to the

23 House of Representatives in 1948.

24 (5) In the course of 25 years of service in the

25 House of Representatives, Gerald R. Ford distin-
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1 guished himself by his exemplary record for char2 acter, decency, and trustworthiness.

3 (6) Throughout his service in Congress, Gerald

4 R. Ford was an ardent proponent of strong national

5 defense and international leadership by the United

6 States.

7 (7) From 1965 to 1973, Gerald R. Ford served

8 as minority leader of the House of Representatives,

9 raising the standard for bipartisanship in his tireless

10 fight for freedom, hope, and justice.

11 (8) In 1973, Gerald R. Ford was appointed by

12 President Nixon to the office of Vice President of

13 the United States with the overwhelming support of

14 Congress.

15 (9) From 1974 to 1976, Gerald R. Ford served

16 as the 38th President of the United States, taking

17 office during one of the most challenging periods in

18 the history of the United States and restoring the

19 faith of the people of the United States in the office

20 of the President through his steady leadership, cour21 age, and ultimate integrity.

22 (10) President Gerald R. Ford helped restore

23 the prestige of the United States in the world com24 munity by working to achieve peace in the Middle
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1 East, preserve de ́tente with the Soviet Union, and

2 set new limits on the spread of nuclear weapons.

3 (11) President Gerald R. Ford served as Com4 mander in Chief of the Armed Forces of the United

5 States with great dignity, supporting a strong Navy

6 and a global military presence for the United State

7 and honoring the men and women of the Armed

8 Forces of the United States.

9 (12) Since leaving the office of President, Ger10 ald R. Ford has been an international ambassador

11 of American goodwill, a noted scholar and lecturer,

12 a strong supporter of human rights, and a promoter

13 of higher education.

14 (13) Gerald R. Ford was awarded the Medal of

15 Freedom and the Congressional Gold Medal in 1999

16 in recognition of his contribution to the Nation.

17 (14) As President, Gerald R. Ford bore the

18 weight of a constitutional crisis and guided the Na19 tion on a path of healing and restored hope, earning

20 forever the enduring respect and gratitude of the

21 Nation.

22 (b) NAMING OF CVN–78 AIRCRAFT CARRIER.—

23 CVN–78, a nuclear powered aircraft carrier of the Navy,

24 shall be named the U.S.S. Gerald Ford.
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1 SEC. 1014. AUTHORITY TO DONATE SS ARTHUR M.

2 HUDDELL TO THE GOVERNMENT OF GREECE.

3 (a) FINDINGS.—Congress makes the following find4 ings:

5 (1) It is in the economic and environmental in6 terests of the United States to promote the disposal

7 of vessels in the National Defense Reserve Fleet that

8 are of insufficient value to warrant further preserva9 tion.

10 (2) The Maritime Administration of the De11 partment of Transportation has been authorized to

12 make such disposals, including the sale and recycling

13 of such vessels and the donation of such vessels to

14 any State, commonwealth, or possession of the

15 United States, and to nonprofit organizations.

16 (3) The government of Greece has expressed an

17 interest in obtaining and using the ex-Liberty ship,

18 SS ARTHUR M. HUDDELL, for purposes of a

19 museum exhibit.

20 (4) It is in the interest of the United States to

21 authorize the Maritime Administration to donate SS

22 ARTHUR M. HUDDELL to Greece.

23 (b) DONATION OF SS ARTHUR M. HUDDELL TO

24 GOVERNMENT OF GREECE.—Notwithstanding Section

25 510(j) of the Merchant Marine Act, 1936 (46 App. U.S.C.

26 1158), the Secretary of Transportation is authorized to
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1 transfer SS ARTHUR M. HUDDELL, by gift, to the

2 Government of Greece, in accordance with terms and con3 ditions determined by the Secretary.

4 (c) ADDITIONAL EQUIPMENT.—The Secretary may

5 convey additional equipment from other obsolete vessels

6 of the National Defense Reserve Fleet to assist the Gov7 ernment of Greece under this section for purposes of the

8 museum exhibit referred to in subsection (a)(3).

9 Subtitle C—Counterdrug Matters

10 SEC. 1021. EXTENSION OF AVAILABILITY OF FUNDS FOR

11 UNIFIED COUNTERDRUG AND

12 COUNTERTERRORISM CAMPAIGN IN COLOM13 BIA.

14 Section 1021 of the Ronald W. Reagan National De15 fense Authorization Act for Fiscal Year 2005 (Public Law

16 108–375; 118 Stat. 2042) is amended—

17 (1) in subsection (a)(1), by striking ‘‘2005 and

18 2006’’ and inserting ‘‘2005 through 2008’’; and

19 (2) in subsection (c), by striking ‘‘2005 and

20 2006’’ and inserting ‘‘2005 through 2008’’.
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1 SEC. 1022. EXTENSION OF AUTHORITY OF DEPARTMENT OF

2 DEFENSE TO PROVIDE ADDITIONAL SUPPORT

3 FOR COUNTERDRUG ACTIVITIES OF OTHER

4 GOVERNMENTAL AGENCIES.

5 Section 1004(a) of the National Defense Authoriza6 tion Act for Fiscal Year 1991 (10 U.S.C. 374 note) is

7 amended by striking ‘‘through 2006’’ and inserting

8 ‘‘through 2011’’.

9 SEC. 1023. EXTENSION AND EXPANSION OF CERTAIN AU10 THORITIES TO PROVIDE ADDITIONAL SUP11 PORT FOR COUNTERDRUG ACTIVITIES.

12 (a) CONCURRENCE OF SECRETARY OF STATE IN

13 PROVISION OF SUPPORT.—Paragraph (1) of subsection

14 (a) of section 1033 of the National Defense Authorization

15 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

16 1881), as amended by section 1021 of the National De17 fense Authorization Act for Fiscal Year 2004 (Public Law

18 108–136: 117 Stat. 1593), is further amended by striking

19 ‘‘shall consult with’’ and inserting ‘‘shall seek the concur20 rence of’’.

21 (b) EXTENSION OF AUTHORITY.—Paragraph (2) of

22 such subsection is amended by striking ‘‘September 30,

23 2006’’ and inserting ‘‘September 30, 2008’’.

24 (c) ADDITIONAL GOVERNMENTS ELIGIBLE TO RE25 CEIVE SUPPORT.—Subsection (b) of such section 1033, as
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1 so amended, is further amended by adding at the end the

2 following new paragraphs:

3 ‘‘(10) The Government of Azerbaijan.

4 ‘‘(11) The Government of Kazakhstan.

5 ‘‘(12) The Government of Kyrgyzstan.

6 ‘‘(13) The Government of Armenia.

7 ‘‘(14) The Government of Niger.

8 ‘‘(15) The Government of Mauritania.

9 ‘‘(16) The Government of Mali.

10 ‘‘(17) The Government of Chad.

11 ‘‘(18) The Government of Indonesia.

12 ‘‘(19) The Government of Philippines.

13 ‘‘(20) The Government of Thailand.

14 ‘‘(21) The Government of Malaysia.

15 ‘‘(22) The Government of Guatemala.

16 ‘‘(23) The Government of Belize.

17 ‘‘(24) The Government of Panama.’’.

18 (d) TYPES OF SUPPORT.—Subsection (c)(2) of such

19 section 1033, as so amended, is further amended by in20 serting ‘‘, vehicles, and, subject to section 484(a) of the

21 Foreign Assistance Act of 1961 (22 U.S.C. 2291c(a)), air22 craft, and detection, interception, monitoring, and testing

23 equipment’’ after ‘‘patrol boats’’.
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1 (e) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Sub2 section (e)(2) of such section 1033, as so amended, is fur3 ther amended—

4 (1) by striking ‘‘or $40,000,000’’ and inserting

5 ‘‘$40,000,000’’; and

6 (2) by inserting before the period at the end the

7 following: ‘‘, or $80,000,000 during any of the fiscal

8 years 2007 through 2008’’.

9 (f) ANNUAL REPORT ON SUPPORT PROVIDED TO AD10 DITIONAL GOVERNMENTS.—Such section 1033 is further

11 amended by adding at the end the following new sub12 section:

13 ‘‘(i) ANNUAL REPORT ON SUPPORT PROVIDED TO

14 CERTAIN GOVERNMENTS.—Not later than November 30

15 each year through 2008, the Secretary of Defense shall

16 submit to the congressional defense committees and the

17 Committee on Foreign Relations of the Senate and the

18 Committee on International Relations of the House of

19 Representatives a comprehensive report on the support

20 provided under this section during the preceding fiscal

21 year to each government referred to in paragraphs (1)

22 through (24) of subsection (b).’’.

23 SEC. 1024. OPERATION BAHAMAS, TURKS & CAICOS.

24 (a) FINDINGS.—Congress makes the following find25 ings:
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1 (1) In 1982 the United States Government cre2 ated Operation Bahamas, Turks & Caicos (OPBAT)

3 to counter the smuggling of cocaine into the United

4 States.

5 (2) According to the Drug Enforcement Agen6 cy, an estimated 80 percent of the cocaine entering

7 the United States in the 1980s came through the

8 Bahamas, whereas, according to the Office of Na9 tional Drug Control Policy, only an estimated 10

10 percent comes through the Bahamas today.

11 (3) According to the Drug Enforcement Agen12 cy, more than 80,000 kilograms of cocaine and near13 ly 700,000 pounds of marijuana have been seized in

14 Operation Bahamas, Turks & Caicos since 1986,

15 with a combined street value of approximately two

16 trillion dollars.

17 (4) The Army has provided military airlift to

18 law enforcement officials under Operation Bahamas,

19 Turks & Caicos to create an effective, reliable, and

20 immediate response capability for drug interdiction.

21 This support is largely responsible for the decline in

22 cocaine shipments to the United States through the

23 Bahamas.

24 (5) The Bahamas is an island nation composed

25 of approximately 700 islands and keys, which makes
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1 aviation assets the best and most efficient method of

2 transporting law enforcement agents and inter3 dicting smugglers.

4 (6) It is in the interests of the United States

5 to maintain the results of the successful Operation

6 Bahamas, Turks & Caicos program and prevent

7 drug smugglers from rebuilding their operations

8 through the Bahamas.

9 (b) REPORT ON UNITED STATES GOVERNMENT SUP10 PORT FOR OPBAT.—

11 (1) REPORT ON DECISION TO WITHDRAW.—Not

12 later than 30 days before implementing a decision to

13 withdraw Department of Defense helicopters from

14 Operation Bahamas, Turks & Caicos, the Secretary

15 of Defense shall submit to the Congress a report

16 outlining the plan for the coordination of the Oper17 ation Bahamas, Turks & Caicos mission, at the

18 same level of effectiveness, using other United States

19 Government assets.

20 (2) CONSULTATION.—The Secretary of Defense

21 shall consult with the Secretary of State, the Attor22 ney General, and the Secretary of Homeland Secu23 rity, and with other appropriate officials of the

24 United States Government, in preparing the report

25 under paragraph (1).
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1 (3) ELEMENTS.—The report under paragraph

2 (1) on the withdrawal of equipment referred to in

3 that paragraph shall include the following:

4 (A) An explanation of the military jus5 tification for the withdrawal of the equipment.

6 (B) An assessment of the availability of

7 other options (including other Government heli8 copters) to provide the capability being provided

9 by the equipment to be withdrawn.

10 (C) An explanation of how each option

11 specified under subparagraph (B) will provide

12 the capability currently provided by the equip13 ment to be withdrawn.

14 (D) An assessment of the potential use of

15 unmanned aerial vehicles in Operation Baha16 mas, Turks & Caicos, including the capabilities

17 of such vehicles and any advantages or dis18 advantages associated with the use of such vehi19 cles in that operation, and a recommendation

20 on whether or not to deploy such vehicles in

21 that operation.
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1 Subtitle D—Defense Intelligence

2 and Related Matters

3 SEC. 1031. TWO-YEAR EXTENSION OF AUTHORITY TO EN4 GAGE IN COMMERCIAL ACTIVITIES AS SECU5 RITY FOR INTELLIGENCE COLLECTION AC6 TIVITIES.

7 Section 431(a) of title 10, United States Code, is

8 amended by striking ‘‘December 31, 2006’’ and inserting

9 ‘‘December 31, 2008’’.

10 SEC. 1032. ANNUAL REPORT ON INTELLIGENCE OVERSIGHT

11 ACTIVITIES OF THE DEPARTMENT OF DE12 FENSE.

13 (a) ANNUAL REPORT REQUIRED.—Not later than

14 March 1, 2007, and annually thereafter, the Secretary of

15 Defense shall submit to the congressional defense commit16 tees and the congressional intelligence committees a report

17 on the intelligence oversight activities of the Department

18 of Defense during the previous calendar year.

19 (b) ELEMENTS.—Each report under subsection (a)

20 shall include, for the calendar year covered by such report,

21 the following:

22 (1) A description of any questionable intel23 ligence activity that came to the attention of any

24 General Counsel or Inspector General within the De25 partment of Defense, or the Under Secretary of De-
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1 fense for Intelligence, and a description of the ac2 tions taken by such official with respect to such ac3 tivity.

4 (2) A description of the results of intelligence

5 oversight inspections undertaken by each of the fol6 lowing:

7 (A) The Office of the Secretary of Defense.

8 (B) Each military department.

9 (C) Each combat support agency.

10 (D) Each field operating agency.

11 (3) A description of any changes made in—

12 (A) any program for the intelligence over13 sight activities of the Department of Defense,

14 including any training program; or

15 (B) any published directive or policy

16 memoranda on the intelligence or intelligence17 related activities of—

18 (i) any military department;

19 (ii) any combat support agency; or

20 (iii) any field operating agency.

21 (c) DEFINITIONS.—In this section:

22 (1) The term ‘‘combat support agency’’ has the

23 meaning given that term in section 193(f) of title

24 10, United States Code.
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1 (2) The term ‘‘congressional intelligence com2 mittees’’ has the meaning given that term in section

3 3(7) of the National Security Act of 1947 (50

4 U.S.C. 401a(7)).

5 (3) The term ‘‘field operating agency’’ means a

6 specialized subdivision of the Department of Defense

7 that carries out activities under the operational con8 trol of the Department.

9 (4) The term ‘‘intelligence oversight activities of

10 the Department of Defense’’ refers to any activity

11 undertaken by an agency, element, or component of

12 the Department of Defense to ensure compliance

13 with regard to requirements or instructions on the

14 intelligence and intelligence-related activities of the

15 Department under law or any Executive order or

16 Presidential directive (including Executive Order No.

17 12333).

18 (5) The term ‘‘questionable intelligence activ19 ity’’ means an intelligence or intelligence-related ac20 tivity of the Department of Defense that may violate

21 the law or any Executive order or Presidential direc22 tive (including Executive Order No. 12333).
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1 SEC. 1033. ADMINISTRATION OF PILOT PROJECT ON CIVIL2 IAN LINGUIST RESERVE CORPS.

3 (a) TRANSFER OF ADMINISTRATION TO SECRETARY

4 OF DEFENSE.—

5 (1) IN GENERAL.—Administration of the pilot

6 project on the establishment of a Civilian Linguist

7 Reserve Corps required by section 613 of the Intel8 ligence Authorization Act for Fiscal Year 2005

9 (Public Law 108–487; 118 Stat. 3959; 50 U.S.C.

10 403–1b note) is hereby transferred from the Direc11 tor of National Intelligence to the Secretary of De12 fense.

13 (2) CONFORMING AMENDMENTS.—Section 613

14 of the Intelligence Authorization Act for Fiscal Year

15 2005 is amended—

16 (A) by striking ‘‘Director of National Intel17 ligence’’ each place it appears and inserting

18 ‘‘Secretary of Defense’’; and

19 (B) by striking ‘‘Director’’ each place it

20 appears and inserting ‘‘Secretary’’.

21 (b) DISCHARGE OF PROJECT.—Subsection (a) of

22 such section is further amended by adding at the end the

23 following new sentence: ‘‘The Secretary shall carry out the

24 pilot project through the National Security Education

25 Program.’’.
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1 (c) REPEAL OF SPECIFICATION OF DURATION OF

2 PROJECT.—Such section is further amended—

3 (1) by striking subsection (c); and

4 (2) by redesignating subsections (d) and (e) as

5 subsections (c) and (d), respectively.

6 (d) MODIFICATION OF REPORT REQUIREMENTS.—

7 Subsection (d) of such section, as redesignated by sub8 section (b) of this section, is further amended—

9 (1) in paragraph (1), by striking ‘‘an initial and

10 a final report’’ and inserting ‘‘a report’’;

11 (2) in paragraph (2), by striking ‘‘Each report’’

12 and inserting ‘‘The report’’; and

13 (3) in paragraph (3), by striking ‘‘final report’’

14 and inserting ‘‘report required under paragraph

15 (1)’’.

16 (e) REPEAL OF SUPERSEDED AUTHORIZATION.—

17 Such section is further amended by striking subsection (f).

18 SEC. 1034. IMPROVEMENT OF AUTHORITIES ON THE NA19 TIONAL SECURITY EDUCATION PROGRAM.

20 (a) EXPANSION OF EMPLOYMENT CREDITABLE

21 UNDER SERVICE AGREEMENTS.—Paragraph (2) of sub22 section (b) of section 802 of the David L. Boren National

23 Security Education Act of 1991 (50 U.S.C. 1902) is

24 amended to read as follows:
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1 ‘‘(2)(A) will (in accordance with regulations

2 prescribed by the Secretary of Defense in coordina3 tion with the heads of the other Federal depart4 ments and agencies concerned) begin work not later

5 than three years after the recipient’s completion of

6 degree study during which scholarship assistance

7 was provided under the program—

8 ‘‘(i) for not less than one year in a position

9 certified by the Secretary of Defense, in coordi10 nation with the Director of National Intel11 ligence, the Secretary of Homeland Security,

12 and the Secretary of State (as appropriate), as

13 contributing to the national security of the

14 United States in the Department of Defense,

15 any element of the intelligence community, the

16 Department of Homeland Security, or the De17 partment of State;

18 ‘‘(ii) for not less than one year in a posi19 tion in a Federal agency or office that is identi20 fied by the Secretary of Defense under sub21 section (g) as having national security respon22 sibilities if the recipient demonstrates to the

23 Secretary that no position is available in the de24 partments and agencies covered by clause (i); or
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1 ‘‘(iii) for not less than one academic year

2 in a position in the field of education in a dis3 cipline related to the study supported by the

4 program if the recipient demonstrates to the

5 Secretary of Defense that no position is avail6 able in the departments, agencies, and offices

7 covered by clauses (i) and (ii); or

8 ‘‘(B) will (in accordance with such regulations)

9 begin work not later than two years after the recipi10 ent’s completion or termination of study for which

11 fellowship assistance was provided under the

12 program—

13 ‘‘(i) for not less than one year in a position

14 certified by the Secretary of Defense, in coordi15 nation with the Director of National Intel16 ligence, the Secretary of Homeland Security,

17 and the Secretary of State (as appropriate), as

18 contributing to the national security of the

19 United States in the Department of Defense,

20 any element of the intelligence community, the

21 Department of Homeland Security, or the De22 partment of State;

23 ‘‘(ii) for not less than one year in a posi24 tion in a Federal agency or office that is identi25 fied by the Secretary of Defense under sub-
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1 section (g) as having national security respon2 sibilities if the recipient demonstrates to the

3 Secretary that no position is available in the de4 partments and agencies covered by clause (i); or

5 ‘‘(iii) for not less than one academic year

6 in a position in the field of education in a dis7 cipline related to the study supported by the

8 program if the recipient demonstrates to the

9 Secretary of Defense that no position is avail10 able in the departments, agencies, and offices

11 covered by clauses (i) and (ii); and’’.

12 (b) TEMPORARY EMPLOYMENT AND RETENTION OF

13 CERTAIN PARTICIPANTS.—Such section is further

14 amended—

15 (1) by redesignating subsections (h) and (i) as

16 subsections (i) and (j), respectively; and

17 (2) by inserting after subsection (g) the fol18 lowing new subsection (h):

19 ‘‘(h) TEMPORARY EMPLOYMENT AND RETENTION OF

20 CERTAIN PARTICIPANTS.—

21 ‘‘(1) IN GENERAL.—The Secretary of Defense

22 may—

23 ‘‘(A) appoint or retain a person provided

24 scholarship or fellowship assistance under the

25 program in a position in the Department of De-
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1 fense on an interim basis during the period of

2 the person’s pursuit of a degree under the pro3 gram and for a period not to exceed two years

4 after completion of the degree, but only if, in

5 the case of the period after completion of the

6 degree—

7 ‘‘(i) there is no appropriate perma8 nent position for the person under sub9 section (b)(2)(A); and

10 ‘‘(ii) there is an active and ongoing ef11 fort to identify and assign the person to an

12 appropriate permanent position as soon as

13 possible; and

14 ‘‘(B) if there is no appropriate permanent

15 position available for the person after the end

16 of the periods described in subparagraph (A),

17 separate the person from employment with the

18 Department without regard to any other provi19 sion of law, in which event the service agree20 ment of the person under subsection (b) shall

21 terminate.

22 ‘‘(2) TREATMENT OF CERTAIN SERVICE.—The

23 period of service of a person covered by paragraph

24 (1) in a position on an interim basis under that

25 paragraph shall, after completion of the degree, be
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1 treated as a period of service for purposes of satis2 fying the obligated service requirements of the per3 son under the service agreement of the person under

4 subsection (b).’’.

5 (c) PLAN FOR IMPROVING PROGRAM.—Not later than

6 90 days after the date of the enactment of this Act, the

7 Secretary of Defense shall submit to Congress a plan for

8 improving the recruitment, placement, and retention with9 in the Department of Defense of individuals who receive

10 scholarships or fellowships under the David L. Boren Na11 tional Security Education Act of 1991 (50 U.S.C. 1901

12 et seq.) in order to facilitate the purposes of that Act in

13 meeting the requirements of the Department in acquiring

14 individuals with critical foreign language skills and indi15 viduals who are regional experts.

16 SEC. 1035. COLLECTION BY NATIONAL SECURITY AGENCY

17 OF SERVICE CHARGES FOR CERTIFICATION

18 OR VALIDATION OF INFORMATION ASSUR19 ANCE PRODUCTS.

20 The National Security Agency Act of 1959 (50

21 U.S.C. 402 note) is amended by adding at the end the

22 following new section:

23 ‘‘SEC. 20.(a) The Director may collect charges for

24 evaluating, certifying, or validating information assurance
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1 products under the National Information Assurance Pro2 gram or successor program.

3 ‘‘(b) The charges collected under subsection (a) shall

4 be established through a public rulemaking process in ac5 cordance with Office of Management and Budget Circular

6 No. A–25.

7 ‘‘(c) Charges collected under subsection (a) shall not

8 exceed the direct costs of the program referred to in that

9 subsection.

10 ‘‘(d) The appropriation or fund bearing the cost of

11 the service for which charges are collected under the pro12 gram referred to in subsection (a) may be reimbursed, or

13 the Director may require advance payment subject to such

14 adjustment on completion of the work as may be agreed

15 upon.

16 ‘‘(e) Amounts collected under this section shall be

17 credited to the account or accounts from which costs asso18 ciated with such amounts have been or will be incurred,

19 to reimburse or offset the direct costs of the program re20 ferred to in subsection (a).’’.

21 SEC. 1036. FUNDING FOR A CERTAIN MILITARY INTEL22 LIGENCE PROGRAM.

23 (a) INCREASE IN AMOUNT FOR RESEARCH, DEVEL24 OPMENT, TEST, AND EVALUATION, DEFENSE-WIDE.—

25 The amount authorized to be appropriated by section
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1 201(4) for research, development, test, and evaluation for

2 Defense-wide activities is hereby increased by

3 $450,000,000.

4 (b) OFFSET.—The amount authorized to be appro5 priated by section 201(3) for research, development, test,

6 and evaluation for the Air Force is hereby decreased by

7 $450,000,000, with the amount of the reduction to be allo8 cated to amounts available for a classified program as de9 scribed on page 34 of Volume VII (Compartmented

10 Annex) of the Fiscal Year 2007 Military Intelligence Pro11 gram justification book.

12 Subtitle E—Defense Against Ter13 rorism and Related Security

14 Matters

15 SEC. 1041. ENHANCEMENT OF AUTHORITY TO PAY MONE16 TARY REWARDS FOR ASSISTANCE IN COM17 BATING TERRORISM.

18 Section 127b(c) of title 10, United States Code, is

19 amended—

20 (1) in paragraph (1)(B), by inserting ‘‘, or to

21 a subcommander of a combatant command des22 ignated by the commander of the combatant com23 mand and approved by an Under Secretary of De24 fense to whom such authority is delegated under
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1 subparagraph (A),’’ after ‘‘combatant command’’;

2 and

3 (2) in paragraph (2), by striking ‘‘$2,500’’ and

4 inserting ‘‘$10,000’’.

5 SEC. 1042. USE OF THE ARMED FORCES IN MAJOR PUBLIC

6 EMERGENCIES.

7 (a) USE OF THE ARMED FORCES AUTHORIZED.—

8 (1) IN GENERAL.—Section 333 of title 10,

9 United States Code, is amended to read as follows:

10 ‘‘§ 333. Major public emergencies; interference with

11 State and Federal law

12 ‘‘(a) USE OF ARMED FORCES IN MAJOR PUBLIC

13 EMERGENCIES.—(1) The President may employ the

14 armed forces, including the National Guard in Federal

15 service, to—

16 ‘‘(A) restore public order and enforce the laws

17 of the United States when, as a result of a natural

18 disaster, epidemic, or other serious public health

19 emergency, terrorist attack or incident, or other con20 dition in any State or possession of the United

21 States, the President determines that—

22 ‘‘(i) domestic violence has occurred to such

23 an extent that the constituted authorities of the

24 State or possession are incapable of maintain25 ing public order; and
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1 ‘‘(ii) such violence results in a condition

2 described in paragraph (2); or

3 ‘‘(B) suppress, in a State, any insurrection, do4 mestic violence, unlawful combination, or conspiracy

5 if such insurrection, violation, combination, or con6 spiracy results in a condition described in paragraph

7 (2).

8 ‘‘(2) A condition described in this paragraph is a con9 dition that—

10 ‘‘(A) so hinders the execution of the laws of a

11 State or possession, as applicable, and of the United

12 States within that State or possession, that any part

13 or class of its people is deprived of a right, privilege,

14 immunity, or protection named in the Constitution

15 and secured by law, and the constituted authorities

16 of that State or possession are unable, fail, or refuse

17 to protect that right, privilege, or immunity, or to

18 give that protection; or

19 ‘‘(B) opposes or obstructs the execution of the

20 laws of the United States or impedes the course of

21 justice under those laws.

22 ‘‘(3) In any situation covered by paragraph (1)(B),

23 the State shall be considered to have denied the equal pro24 tection of the laws secured by the Constitution.
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1 ‘‘(b) NOTICE TO CONGRESS.—The President shall

2 notify Congress of the determination to exercise the au3 thority in subsection (a)(1)(A) as soon as practicable after

4 the determination and every 14 days thereafter during the

5 duration of the exercise of the authority.’’.

6 (2) PROCLAMATION TO DISPERSE.—Section 334

7 of such title is amended by inserting ‘‘or those ob8 structing the enforcement of the laws’’ after ‘‘insur9 gents’’.

10 (3) HEADING AMENDMENT.—The heading of

11 such 15 of such title is amended to read as follows:

12 ‘‘CHAPTER 15—ENFORCEMENT OF THE

13 LAWS TO RESTORE PUBLIC ORDER’’.

14 (4) CLERICAL AMENDMENTS.—(A) The table of

15 chapters at the beginning of subtitle A of title 10,

16 United States Code, and at the beginning of part I

17 of such subtitle, are each amended by striking the

18 item relating to chapter 15 and inserting the fol19 lowing new item:

‘‘15. Enforcement of the Laws To Restore Public Order .... 331’’.

20 (B) The table of sections at the beginning of

21 chapter 15 of such title is amended by striking the

22 item relating to sections 333 and inserting the fol23 lowing new item:

‘‘333. Major public emergencies; interference with State and Federal law.’’.
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1 (b) PROVISION OF SUPPLIES, SERVICES, AND EQUIP2 MENT.—

3 (1) IN GENERAL.—Chapter 152 of such title is

4 amended by adding at the end the following new sec5 tion:

6 ‘‘§ 2567. Provision of supplies, services, and equip7 ment in major public emergencies

8 ‘‘(a) PROVISION AUTHORIZED.—In any situation in

9 which the President determines to exercise the authority

10 in section 333(a)(1)(A) of this title, the President may

11 direct the Secretary of Defense to provide supplies, serv12 ices, and equipment to persons affected by the situation.

13 ‘‘(b) COVERED SUPPLIES, SERVICES, AND EQUIP14 MENT.—The supplies, services, and equipment provided

15 under this section may include food, water, utilities, bed16 ding, transportation, tentage, search and rescue, medical

17 care, minor repairs, the removal of debris, and other as18 sistance necessary for the immediate preservation of life

19 and property.

20 ‘‘(c) LIMITATIONS.—(1) Supplies, services, and

21 equipment may be provided under this section—

22 ‘‘(A) only to the extent that the constituted au23 thorities of the State or possession concerned are

24 unable to provide such supplies, services, and equip25 ment, as the case may be; and
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1 ‘‘(B) only until such authorities, or other de2 partments or agencies of the United States charged

3 with the provision of such supplies, services, and

4 equipment, are able to provide such supplies, serv5 ices, and equipment.

6 ‘‘(2) The Secretary may provide supplies, services,

7 and equipment under this section only to the extent that

8 the Secretary determines that doing so will not interfere

9 with military preparedness or ongoing military operations

10 or functions.

11 ‘‘(d) INAPPLICABILITY OF CERTAIN AUTHORITIES.—

12 The provision of supplies, services, or equipment under

13 this section shall not be subject to the provisions of section

14 403(c) of the Robert T. Stafford Disaster Relief and

15 Emergency Assistance Act (42 U.S.C. 5170b(c)).’’.

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of such chapter is amended

18 by adding at the end the following new item:

‘‘2567. Provision of supplies, services, and equipment in major public emergencies.’’.

19 (c) CONFORMING AMENDMENTS.—Section 12304(c)

20 of such title is amended—

21 (1) by striking paragraph (1); and

22 (2) by redesignating paragraphs (2) and (3) as

23 paragraphs (1) and (2), respectively.
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1 SEC. 1043. TREATMENT UNDER FREEDOM OF INFORMA2 TION ACT OF CERTAIN CONFIDENTIAL IN3 FORMATION SHARED WITH STATE AND

4 LOCAL PERSONNEL.

5 Confidential business information and other sensitive

6 but unclassified homeland security information in the pos7 session of the Department of Defense that is shared, pur8 suant to section 892 of the Homeland Security Act of

9 2002 (6 U.S.C. 482), with State and local personnel in10 volved in the prevention, interdiction, or disruption of, or

11 response to, terrorist activity shall not be subject to disclo12 sure under section 552 of title 5, United States Code

13 (commonly referred to as the ‘‘Freedom of Information

14 Act’’), by virtue of the sharing of such information with

15 such personnel.

16 SEC. 1044. TEMPORARY NATIONAL GUARD SUPPORT FOR

17 SECURING THE SOUTHERN LAND BORDER OF

18 THE UNITED STATES.

19 (a) AUTHORITY TO PROVIDE ASSISTANCE.—(1) With

20 the approval of the Secretary of Defense, the Governor

21 of a State may order any units or personnel of the Na22 tional Guard of such State to annual training duty under

23 section 502(a) of title 32, United States Code, to carry

24 out in any State along the southern land border of the

25 United States the activities authorized in subsection (b)
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1 for the purpose of securing such border. Such duty shall

2 not exceed 21 days in any year.

3 (2) With the approval of the Secretary of Defense,

4 the Governor of a State may order any units or personnel

5 of the National Guard of such State to perform duty

6 under section 502(f) of title 32, United States Code, to

7 provide command, control, and continuity of support for

8 units and personnel performing annual training duty

9 under paragraph (1).

10 (b) AUTHORIZED ACTIVITIES.—The activities author11 ized by this subsection are the following:

12 (1) Ground surveillance activities.

13 (2) Airborne surveillance activities.

14 (3) Logistical support.

15 (4) Provision of translation services and train16 ing.

17 (5) Provision of administrative support services.

18 (6) Provision of technical training services.

19 (7) Provision of emergency medical assistance

20 and services.

21 (8) Provision of communications services.

22 (9) Rescue of aliens in peril.

23 (10) Construction of roadways, patrol roads,

24 fences, barriers, and other facilities to secure the

25 southern land border of the United States.
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1 (11) Ground and air transportation.

2 (c) COOPERATIVE AGREEMENTS.—Units and per3 sonnel of the National Guard of a State may perform ac4 tivities in another State under subsection (a) only pursu5 ant to the terms of an emergency management assistance

6 compact or other cooperative arrangement entered into be7 tween the Governors of such States for purposes of this

8 section, and only with the approval of the Secretary of

9 Defense.

10 (d) COORDINATION OF ASSISTANCE.—The Secretary

11 of Homeland Security shall, in consultation with the Sec12 retary of Defense and the Governors of the States con13 cerned, coordinate the performance of activities under this

14 section by units and personnel of the National Guard.

15 (e) ANNUAL TRAINING.—Annual training duty per16 formed by members of the National Guard under this sec17 tion shall be appropriate for the units and individual mem18 bers concerned, taking into account the types of units and

19 military occupational specialties of individual members

20 performing such duty.

21 (f) PROHIBITION ON DIRECT PARTICIPATION IN LAW

22 ENFORCEMENT.—Activities carried out under this section

23 shall not include the direct participation of a member of

24 the National Guard in a search, seizure, arrest, or similar

25 activity.
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1 (g) DURATION OF AUTHORITY.—The authority of

2 this section shall expire on January 1, 2009.

3 (h) DEFINITIONS.—In this section:

4 (1) The term ‘‘Governor of a State’’ means, in

5 the case of the District of Columbia, the Com6 manding General of the National Guard of the Dis7 trict of Columbia.

8 (2) The term ‘‘State’’ means each of the several

9 States and the District of Columbia, the Common10 wealth of Puerto Rico, Guam, and the Virgin Is11 lands.

12 (3) The term ‘‘State along the southern land

13 border of the United States’’ means each of the fol14 lowing:

15 (A) The State of Arizona.

16 (B) The State of California.

17 (C) The State of New Mexico.

18 (D) The State of Texas.
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1 Subtitle F—Miscellaneous Authori2 ties on Availability and Use of

3 Funds

4 SEC. 1051. ACCEPTANCE AND RETENTION OF REIMBURSE5 MENT FROM NON-FEDERAL SOURCES TO DE6 FRAY DEPARTMENT OF DEFENSE COSTS OF

7 CONFERENCES.

8 (a) IN GENERAL.—Subchapter II of chapter 134 of

9 title 10, United States Code, is amended by adding at the

10 end the following new section:

11 ‘‘§ 2262. Department of Defense conferences: collec12 tion of fees to cover Department of De13 fense costs

14 ‘‘(a) IN GENERAL.—(1) The Secretary of Defense

15 may, whether directly or by contract, collect fees from any

16 individual or commercial participant in a conference, sem17 inar, exhibition, symposium, or similar meeting (in this

18 section referred to collectively as a ‘conference’) conducted

19 by the Department of Defense.

20 ‘‘(2) Fees may be collected with respect to a con21 ference under this subsection in advance of the conference.

22 ‘‘(3) The total amount of fees collected under this

23 subsection with respect to a conference may not exceed

24 the costs of the Department of Defense with respect to

25 the conference.
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1 ‘‘(b) TREATMENT OF COLLECTIONS.—(1) Amounts

2 collected under subsection (a) with respect to a conference

3 shall be credited to the appropriation or account from

4 which the costs of the conference are paid.

5 ‘‘(2) In the event the total amount of fees collected

6 with respect to a conference exceeds the costs of the De7 partment with respect to the conference, the amount of

8 such excess shall be deposited into the Treasury as mis9 cellaneous receipts.

10 ‘‘(3) Amounts credited to an appropriation or account

11 under paragraph (1) with respect to a conference shall be

12 available to pay the costs of the Department with respect

13 to the conference or to reimburse the Department for costs

14 incurred with respect to the conference.

15 ‘‘(c) ANNUAL REPORTS.—(1) Each year, not later

16 than 45 days after the President submits to Congress the

17 budget for a fiscal year under section 1105 of title 31,

18 the Secretary shall submit to the congressional defense

19 committees budget justification documents summarizing

20 the use of the authority under this section.

21 ‘‘(2) Each report under this subsection shall include

22 the following:

23 ‘‘(A) A list of conferences during the last two

24 calendar years for which fees were collected under

25 subsection (a).
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1 ‘‘(B) For each conference listed under subpara2 graph (A)—

3 ‘‘(i) The estimated costs of the Depart4 ment for such conference.

5 ‘‘(ii) The actual costs of the Department

6 for such conference, including a separate state7 ment of the amount of any conference coordi8 nator fees associated with such conference.

9 ‘‘(iii) The amount for collected under sub10 section (a) for such conference.

11 ‘‘(C) An estimate of the number of conferences

12 to be conducted in the calendar year of such report

13 for which the Department will collect fees under sub14 section (a).’’.

15 (b) CLERICAL AMENDMENT.—The table of sections

16 at the beginning of subchapter II of chapter 134 of such

17 title is amended by adding at the end the following new

18 item:

‘‘2262. Department of Defense conferences: collection of fees to cover Department of Defense costs.’’.

19 SEC. 1052. MINIMUM ANNUAL PURCHASE AMOUNTS FOR

20 AIRLIFT FROM CARRIERS PARTICIPATING IN

21 THE CIVIL RESERVE AIR FLEET.

22 (a) IN GENERAL.—Chapter 931 of title 10, United

23 States Code, is amended by adding at the end the fol24 lowing new section:
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1 ‘‘§ 9515. Airlift services: minimum annual purchase

2 amount for carriers participating in Civil

3 Reserve Air Fleet

4 ‘‘(a) IN GENERAL.—The Secretary of Defense may

5 award to air carriers participating in the Civil Reserve Air

6 Fleet on a fiscal year basis a one-year contract for airlift

7 services with a minimum purchase amount determined in

8 accordance with this section.

9 ‘‘(b) MINIMUM PURCHASE AMOUNT.—(1) The aggre10 gate amount of the minimum purchase amount for all con11 tracts awarded under subsection (a) for a fiscal year shall

12 be based on forecast needs, but may not exceed the

13 amount equal to 80 percent of the annual average expendi14 ture of the Department of Defense for airlift during the

15 five-fiscal year period ending in the fiscal year before the

16 fiscal year for which such contracts are awarded.

17 ‘‘(2) In calculating the annual average expenditure

18 of the Department of Defense for airlift for purposes of

19 paragraph (1), the Secretary of Defense may omit from

20 the calculation any fiscal year exhibiting unusually high

21 demand for airlift if the Secretary determines that the

22 omission of such fiscal year from the calculation will result

23 in a more accurate forecast of anticipated airlift for pur24 poses of that paragraph.

25 ‘‘(3) The aggregate amount of the minimum purchase

26 amount for all contracts awarded under subsection (a) for
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1 a fiscal year, as determined under paragraph (1), shall

2 be allocated among all carriers awarded contracts under

3 that subsection for such fiscal year in proportion to the

4 commitments of such carriers to the Civil Reserve Air

5 Fleet for such fiscal year.

6 ‘‘(c) ADJUSTMENT TO MINIMUM PURCHASE AMOUNT

7 FOR PERIODS OF UNAVAILABILITY OF AIRLIFT.—In de8 termining the minimum purchase amount payable under

9 a contract under subsection (a) for airlift provided by a

10 carrier during the fiscal year covered by such contract,

11 the Secretary of Defense may adjust the amount allocated

12 to the carrier under subsection (b)(3) to take into account

13 periods during such fiscal year when services of the carrier

14 are unavailable for usage by the Department of Defense,

15 including during periods of refused business or suspended

16 operations or when the carrier is placed in nonuse status

17 pursuant to section 2640 of this title for safety issues.

18 ‘‘(d) DISTRIBUTION OF AMOUNTS.—If any amount

19 available under this section for the minimum purchase of

20 airlift from a carrier for a fiscal year under a contract

21 under subsection (a) is not utilized to purchase airlift from

22 the carrier in such fiscal year, such amount shall be pro23 vided to the carrier prior to the first day of the following

24 fiscal year.
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1 ‘‘(e) TRANSFER OF FUNDS.—At the beginning of

2 each fiscal year, the Secretary of each military department

3 shall transfer to the transportation working capital fund

4 a percentage of the total amount anticipated to be re5 quired in such fiscal year for payment of minimum pur6 chase amounts under all contracts awarded under sub7 section (a) for such fiscal year equivalent to the percent8 age of the anticipated use of airlift by such military de9 partment during such fiscal year from all carriers under

10 contracts awarded under subsection (a) for such fiscal

11 year.

12 ‘‘(f) AVAILABILITY OF AIRLIFT.—(1) From the total

13 amount of airlift available for a fiscal year under all con14 tracts awarded under subsection (a) for such fiscal year,

15 a military department shall be entitled to obtain a percent16 age of such airlift equivalent to the percentage of the con17 tribution of the military department to the transportation

18 working capital fund for such fiscal year under subsection

19 (e).

20 ‘‘(2) A military department may transfer any entitle21 ment to airlift under paragraph (1) to any other military

22 department or to any other agency, element, or component

23 of the Department of Defense.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 931 of such title is amended

3 by adding at the end the following new item:

‘‘9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.’’.

4 SEC. 1053. INCREASED FLEXIBILITY IN USE OF FUNDS FOR

5 JOINT STAFF EXERCISES.

6 (a) IN GENERAL.—Amounts available to the Chair7 man of the Joint Chiefs of Staff for joint staff exercises

8 may be available for any expenses as follows:

9 (1) Expenses of the Armed Forces in connec10 tion with such exercises, including expense relating

11 to self-deploying watercraft under the jurisdiction of

12 a military department.

13 (2) Expenses relating to the costs of port sup14 port activities in connection with such exercises, in15 cluding transportation and port handling.

16 (3) Expenses relating to the breakout and oper17 ation of prepositioned watercraft and lighterage for

18 joint logistics and over the shore exercises in connec19 tion with such exercises.

20 (b) SUPPLEMENT NOT SUPPLANT.—Any amounts

21 made available by the Chairman of the Joint Chiefs of

22 Staff under subsection (a) for expenses covered by that

23 subsection are in addition to any other amounts available

24 under law for such expenses.
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1 SEC. 1054. STRENGTHENING THE SPECIAL INSPECTOR GEN2 ERAL FOR IRAQ RECONSTRUCTION.

3 For purposes of discharging the duties of the Special

4 Inspector General for Iraq Reconstruction under sub5 section (f) of section 3001 of the Emergency Supplemental

6 Appropriations Act for Defense and for the Reconstruc7 tion of Iraq and Afghanistan, 2004 (5 U.S.C. 8G note),

8 and for purposes of determining the date of termination

9 of the Office of the Special Inspector General under sub10 section (o) of such section, any funds appropriated or oth11 erwise made available for fiscal year 2006 for the recon12 struction of Iraq, regardless of how such funds may be

13 designated, shall be treated as amounts appropriated or

14 otherwise made available for the Iraq Relief and Recon15 struction Fund.

16 Subtitle G—Report Matters

17 SEC. 1061. REPORT ON CLARIFICATION OF PROHIBITION

18 ON CRUEL, INHUMAN, OR DEGRADING

19 TREATMENT OR PUNISHMENT.

20 (a) FINDINGS.—Congress makes the following find21 ings:

22 (1) It is critical that members of the Armed

23 Forces have clear guidelines about the legality of in24 terrogation techniques as they seek critical intel25 ligence in the War on Terrorism.
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1 (2) To avoid confusion, any determination made

2 about the legality of various interrogation techniques

3 must be consistent across the United States Govern4 ment.

5 (3) Confusion continues about the permissibility

6 of various interrogation techniques, even after the

7 enactment of the Detainee Treatment Act of 2005

8 (title X of division A of Public Law 109–148).

9 (4) In testimony before the Senate and in writ10 ten response to queries from the Senate, senior mili11 tary commanders, Judge Advocates General of the

12 Armed Forces, and various civilian officials of the

13 Executive Branch have given incomplete or varying

14 answers to questions on what constitutes cruel, inhu15 man, or degrading treatment.

16 (5) It is critical to clarify these matters in order

17 to ensure that members of the Armed Forces do not

18 receive unclear or misleading guidance on such mat19 ters.

20 (b) REPORT.—Not later than 90 days after the date

21 of the enactment of this Act, the President shall submit

22 to the congressional defense committees a report setting

23 forth the coordinated and definitive legal opinion of the

24 United States Government on whether each of the fol25 lowing interrogation techniques constitutes cruel, inhu-
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1 man, or degrading treatment or punishment (as defined

2 in section 1002(d) of the Detainee Treatment Act of 2006

3 (as defined in the Detainee Treatment Act of 2005 (119

4 Stat. 2740; 42 U.S.C. 2000dd(d)):

5 (1) Waterboarding, or any other technique

6 using water, bags, or other devices or substances to

7 induce a sensation of drowning or asphyxiation.

8 (2) Sleep deprivation, including, at a minimum,

9 depriving a prisoner of sleep for 24 hours or more

10 or permitting five or less hours of sleep per day over

11 a period of three or more days.

12 (3) Stress positions, including the use of any

13 technique in which a prisoner is placed or shackled

14 in a painful or awkward position (including pro15 longed standing or crouching, shackling arms above

16 the head for prolonged periods, or the use of shack17 les or handcuffs in a manner which causes pain due

18 to the swelling of tissue over a prolonged period of

19 time).

20 (4) The use of extreme temperatures as an aid

21 to interrogation.

22 (5) The use of beatings, slapping, or violent

23 shaking.

24 (6) The use of dogs as an aid to interrogation.
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1 (7) The use of nakedness or other forms of sex2 ual humiliation as an aid to interrogation.

3 (c) ELEMENTS.—The report under subsection (b)

4 shall state, for each interrogation technique listed in that

5 subsection, the following

6 (1) Whether the technique would constitute

7 cruel and unusual punishment under the Constitu8 tion of the United States if used on a United States

9 citizen within the United States.

10 (2) Whether the technique would constitute

11 cruel and unusual punishment under the Constitu12 tion of the United States if used on a United States

13 citizen outside the United States.

14 (3) Whether the technique would be legal if

15 used to interrogate a member of the Armed Forces

16 of the United States by a state party to the Geneva

17 Conventions.

18 (4) Whether the technique would be legal if

19 used to interrogate a United States citizen by a

20 state party to the Convention Against Torture and

21 Other Cruel, Inhuman or Degrading Treatment or

22 Punishment.

23 (d) CERTIFICATION ON NATURE OF OPINIONS.—The

24 report under subsection (b) shall include a certification

25 that the legal opinions set forth in the report are the co-
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1 ordinated and definitive opinion of the United States Gov2 ernment binding on all departments and agencies of the

3 United States Government, any personnel of such depart4 ments and agencies, and any contractors of such depart5 ments and agencies.

6 (e) DISSEMINATION OF OPINIONS.—

7 (1) IN GENERAL.—The President shall ensure

8 the dissemination of the legal opinions set forth in

9 the report to all departments and agencies of the

10 United States Government, together with the in11 struction that such opinions be further disseminated

12 to all personnel of such departments and agencies

13 and all contractors of such departments and agen14 cies.

15 (2) CERTIFICATION ON DISSEMINATION.—The

16 report shall include a certification regarding compli17 ance with the requirement in paragraph (1).

18 (f) DEFINITIONS.—In this section:

19 (1) The term ‘‘Convention Against Torture and

20 Other Cruel, Inhuman or Degrading Treatment or

21 Punishment’’ means the Convention Against Torture

22 and Other Cruel, Inhuman or Degrading Treatment

23 or Punishment, done at New York, December 10,

24 1984, and entering into force June 26, 1987 (T.

25 Doc. 100–20).
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1 (2) The term ‘‘Geneva Conventions’’ means—

2 (A) the Convention for the Amelioration of

3 the Condition of the Wounded and Sick in

4 Armed Forces in the Field, done at Geneva Au5 gust 12, 1949 (6 UST 3114);

6 (B) the Convention for the Amelioration of

7 the Condition of the Wounded, Sick, and Ship8 wrecked Members of Armed Forces at Sea,

9 done at Geneva August 12, 1949 (6 UST

10 3217);

11 (C) the Convention Relative to the Treat12 ment of Prisoners of War, done at Geneva Au13 gust 12, 1949 (6 UST 3316); and

14 (D) the Convention Relative to the Protec15 tion of Civilian Persons in Time of War, done

16 at Geneva August 12, 1949 (6 UST 3516).

17 SEC. 1062. REPORTS ON MEMBERS OF THE ARMED FORCES

18 AND CIVILIAN EMPLOYEES OF THE DEPART19 MENT OF DEFENSE SERVING IN THE LEGIS20 LATIVE BRANCH.

21 (a) MONTHLY REPORTS ON DETAILS AND FELLOW22 SHIPS OF LONG DURATION.—Not later than 120 days

23 after the date of the enactment of this Act, and monthly

24 thereafter, the Secretary of Defense shall submit to the

25 congressional defense committees a report on the members
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1 of the Armed Forces and civilian employees of the Depart2 ment of Defense who, as of the date of such report, have

3 served continuously in the Legislative Branch for more

4 than 12 consecutive months in one or a combination of

5 covered legislative details or fellowships.

6 (b) REPORTS ON CERTAIN MILITARY DETAILS AND

7 FELLOWSHIPS.—If a member of the Armed Forces is as8 signed to a covered legislative detail or fellowship as the

9 last tour of duty of such member before retirement or sep10 aration from the Armed Forces in contravention of the

11 regulations of the Department of Defense, the Secretary

12 shall submit to the congressional defense committees a re13 port on the assignment of such member to such covered

14 legislative detail or fellowship. The report shall include a

15 rationale for the waiver of the regulations of the Depart16 ment in order to permit the detail or fellowship.

17 (c) REPORT ELEMENTS.—Each report under sub18 section (a) or (b) shall set forth, for each member of the

19 Armed Forces or civilian employee covered of the Depart20 ment of Defense covered by such report, the following:

21 (1) The name of such member or employee.

22 (2) In the case of a member, the Armed Force

23 of such member.
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1 (3) The committee or member of Congress to

2 which such member or employee is detailed or as3 signed.

4 (4) A general description of the projects or

5 tasks undertaken or to be undertaken, as applicable,

6 by such member or employee as a detailee, fellow, or

7 both.

8 (5) The anticipated termination date of the cur9 rent detail or fellowship of such member or em10 ployee.

11 (d) COVERED LEGISLATIVE DETAIL OR FELLOWSHIP

12 DEFINED.—In this section, the term ‘‘covered legislative

13 detail or fellowship’’ means the following:

14 (1) A detail under the provisions of Department

15 of Defense Directive 1000.17.

16 (2) A legislative fellowship (including a legisla17 tive fellowship under the provisions of Department

18 of Defense Directive 1322.6).

19 SEC. 1063. ADDITIONAL ELEMENT IN ANNUAL REPORT ON

20 CHEMICAL AND BIOLOGICAL WARFARE DE21 FENSE.

22 Section 1703(b) of the National Defense Authoriza23 tion Act for Fiscal Year 1994 (50 U.S.C. 1523(b)) is

24 amended by adding at the end the following new para25 graph:
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1 ‘‘(10) A description of the coordination and in2 tegration of the program of the Defense Advanced

3 Research Projects Agency (DARPA) on basic and

4 applied research and advanced technology develop5 ment on chemical and biological warfare defense

6 technologies and systems under section 1701(c)(2)

7 with the overall program of the Department of De8 fense on chemical and biological warfare defense,

9 including—

10 ‘‘(A) the degree to which the program of

11 the Defense Advanced Research Projects Agen12 cy supports the objectives and requirements of

13 the program of the Department of Defense; and

14 ‘‘(B) the means of determining the level of

15 coordination and support provided by the pro16 gram of the Defense Advanced Research

17 Projects Agency for the program of the Depart18 ment of Defense.’’.

19 SEC. 1064. REPORT ON LOCAL BOARDS OF TRUSTEES OF

20 THE ARMED FORCES RETIREMENT HOME.

21 Not later than 30 days after the date of the enact22 ment of this Act, the Secretary of Defense shall submit

23 to the congressional defense committees a report setting

24 forth the following:
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1 (1) The current composition and activities of

2 the Local Board of Trustees of the Armed Forces

3 Retirement Home—Washington under section 1516

4 of the Armed Forces Retirement Home Act of 1991

5 (24 U.S.C. 416).

6 (2) The current composition and activities of

7 the Local Board of Trustees of the Armed Forces

8 Retirement Home—Gulfport under section 1516 of

9 such Act.

10 SEC. 1065. REPEAL OF CERTAIN REPORT REQUIREMENTS.

11 (a) ANNUAL REPORT ON AVIATION CAREER INCEN12 TIVE PAY.—Section 301a of title 37, United States Code,

13 is amended by striking subsection (f).

14 (b) ANNUAL REPORT ON EFFECTS OF CERTAIN INI15 TIATIVES ON RECRUITMENT AND RETENTION.—

16 (1) REPEAL.—Section 1015 of title 37, United

17 States Code, is repealed.

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of chapter 19 of such title is

20 amended by striking the item relating to section

21 1015.

22 (c) SECRETARY OF DEFENSE RECOMMENDATION ON

23 NEED FOR DEFENSE IMPACT REVIEW PROCESS.—Section

24 1041 of the National Defense Authorization Act for Fiscal
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1 Year 2002 (Public Law 107–107; 115 Stat. 1217) is re2 pealed.

3 (d) REPORT ON PILOT PROGRAM TO ENHANCE MILI4 TARY RECRUITING BY IMPROVING MILITARY AWARENESS

5 OF SCHOOL COUNSELORS AND EDUCATORS.—Section 564

6 of the Floyd D. Spence National Defense Authorization

7 Act for Fiscal Year 2001 (as enacted into law by Public

8 Law 106–398 (114 Stat. 1654A–134); 10 U.S.C. 503

9 note) is amended by striking subsection (c).

10 (e) ANNUAL REPORT ON MEDICAL INFORMATICS.—

11 Section 723(d) of the National Defense Authorization Act

12 for Fiscal Year 2000 (10 U.S.C. 1071 note) is amended—

13 (1) by striking paragraph (5); and

14 (2) by redesignating paragraphs (6) and (7) as

15 paragraphs (5) and (6), respectively.

16 (f) REPORT ON IMPOSITION OF ADDITIONAL

17 CHARGES OR FEES FOR ATTENDANCE AT CERTAIN ACAD18 EMIES.—Section 553(b) of the National Defense Author19 ization Act for Fiscal Year 1995 (Public Law 103–337;

20 108 Stat. 2772; 10 U.S.C. 4331 note) is amended by

21 striking the second sentence.
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1 SEC. 1066. REPORT ON INCENTIVES TO ENCOURAGE CER2 TAIN MEMBERS AND FORMER MEMBERS OF

3 THE ARMED FORCES TO SERVE IN THE BU4 REAU OF CUSTOMS AND BORDER PROTEC5 TION.

6 (a) REPORT REQUIRED.—Not later than 60 days

7 after the date of the enactment of this Act, the Secretary

8 of Homeland Security and the Secretary of Defense shall

9 jointly submit to the appropriate committees of Congress

10 a report assessing the desirability and feasibility of offer11 ing incentives to covered members and former members

12 of the Armed Forces for the purpose of encouraging such

13 members to serve in the Bureau of Customs and Border

14 Protection.

15 (b) COVERED MEMBERS AND FORMER MEMBERS OF

16 THE ARMED FORCES.—For purposes of this section, cov17 ered members and former members of the Armed Forces

18 are the following:

19 (1) Members of the reserve components of the

20 Armed Forces.

21 (2) Former members of the Armed Forces with22 in two years of separation from service in the Armed

23 Forces.

24 (c) REQUIREMENTS AND LIMITATIONS.—

25 (1) NATURE OF INCENTIVES.—In considering

26 incentives for purposes of the report required by
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1 subsection (a), the Secretaries shall consider such

2 incentives, whether monetary or otherwise and

3 whether or not authorized by current law or regula4 tions, as the Secretaries jointly consider appropriate.

5 (2) TARGETING OF INCENTIVES.—In assessing

6 any incentive for purposes of the report, the Secre7 taries shall give particular attention to the utility of

8 such incentive in—

9 (A) encouraging service in the Bureau of

10 Customs and Border Protection after service in

11 the Armed Forces by covered members and

12 former of the Armed Forces who have provided

13 border patrol or border security assistance to

14 the Bureau as part of their duties as members

15 of the Armed Forces; and

16 (B) leveraging military training and expe17 rience by accelerating training, or allowing

18 credit to be applied to related areas of training,

19 required for service with the Bureau of Cus20 toms and Border Protection.

21 (3) PAYMENT.—In assessing incentives for pur22 poses of the report, the Secretaries shall assume

23 that any costs of such incentives shall be borne by

24 the Department of Homeland Security.
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1 (d) ELEMENTS.—The report required by subsection

2 (a) shall include the following:

3 (1) A description of various monetary and non4 monetary incentives considered for purposes of the

5 report.

6 (2) An assessment of the desirability and feasi7 bility of utilizing any such incentive for the purpose

8 specified in subsection (a), including an assessment

9 of the particular utility of such incentive in encour10 aging service in the Bureau of Customs and Border

11 Protection after service in the Armed Forces by cov12 ered members and former members of the Armed

13 Forces described in subsection (c)(2).

14 (3) Any other matters that the Secretaries

15 jointly consider appropriate.

16 (e) APPROPRIATE COMMITTEES OF CONGRESS DE17 FINED.—In this section, the term ‘‘appropriate commit18 tees of Congress’’ means—

19 (1) the Committees on Armed Services, Home20 land Security and Governmental Affairs, and Appro21 priations of the Senate; and

22 (2) the Committees on Armed Services, Home23 land Security, and Appropriations of the House of

24 Representatives.
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1 SEC. 1067. REPORT ON REPORTING REQUIREMENTS APPLI2 CABLE TO THE DEPARTMENT OF DEFENSE.

3 (a) REPORT REQUIRED.—

4 (1) IN GENERAL.—Not later than March 1,

5 2007, the Secretary of Defense shall submit to the

6 congressional defense committees a report on each

7 report described in paragraph (2) that is required by

8 law to be submitted to the congressional defense

9 committees by the Department of Defense or any

10 department, agency, element, or component under

11 the Department of Defense.

12 (2) COVERED REPORTS.—Paragraph (1) applies

13 with respect to any report required under a provi14 sion of law enacted on or after the date of the enact15 ment of the National Defense Authorization Act for

16 Fiscal Year 2004 (Public Law 108–136) that re17 quires recurring reports to the committees referred

18 to in that paragraph.

19 (b) ELEMENTS.—The report required by subsection

20 (a) shall set forth the following:

21 (1) Each report described by that subsection,

22 including a statement of the provision of law under

23 which such report is required to be submitted to

24 Congress.

25 (2) For each such report, an assessment by the

26 Secretary of the utility of such report from the per-
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1 spective of the Department of Defense and a rec2 ommendation on the advisability of repealing the re3 quirement for the submittal of such report.

4 SEC. 1068. REPORT ON TECHNOLOGIES FOR NEUTRALIZING

5 OR DEFEATING THREATS TO MILITARY RO6 TARY WING AIRCRAFT FROM PORTABLE AIR

7 DEFENSE SYSTEMS AND ROCKET PROPELLED

8 GRENADES.

9 (a) IN GENERAL.—Not later than 180 days after the

10 date of the enactment of this Act, the Secretary of Defense

11 shall submit to Congress a report on technologies for neu12 tralizing or defeating threats to military rotary wing air13 craft posed by portable air defense systems and rocket

14 propelled grenades that are being researched, developed,

15 employed, or considered by the United States Government

16 or the North Atlantic Treaty Organization.

17 (b) CONTENT.—The report required under subsection

18 (a) shall include—

19 (1) an assessment of the expected value and

20 utility of the technologies, particularly with respect

21 to—

22 (A) the saving of lives;

23 (B) the ability to reduce the vulnerability

24 of aircraft; and
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1 (C) the enhancement of the ability of air2 craft and their crews to accomplish assigned

3 missions;

4 (2) an assessment of the potential costs of de5 veloping and deploying such technologies;

6 (3) a description of efforts undertaken to de7 velop such technologies, including—

8 (A) non-lethal counter measures;

9 (B) lasers and other systems designed to

10 dazzle, impede, or obscure threatening weapon

11 or their users;

12 (C) direct fire response systems;

13 (D) directed energy weapons; and

14 (E) passive and active systems; and

15 (4) a description of any impediments to the de16 velopment of such technologies, such as legal restric17 tions under the law of war, treaty restrictions under

18 the Protocol on Blinding Lasers, and political obsta19 cles such as the reluctance of other allied countries

20 to pursue such technologies.
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1 SEC. 1069. REPORTS ON DEPARTMENT OF JUSTICE EF2 FORTS TO INVESTIGATE AND PROSECUTE

3 CASES OF CONTRACTING ABUSE IN IRAQ, AF4 GHANISTAN, AND THROUGHOUT THE WAR ON

5 TERROR.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) Waste, fraud, and abuse in contracting are

9 harmful to United States efforts to successfully win

10 the conflicts in Iraq and Afghanistan and succeed in

11 the war on terror. The act of stealing from our sol12 diers who are daily in harm’s way is clearly criminal

13 and must be actively prosecuted.

14 (2) It is a vital interest of United States tax15 payers to be protected from theft of their tax dollars

16 by corrupt contractors.

17 (3) Whistleblower lawsuits are an important

18 tool for exposing waste, fraud, and abuse and can

19 identify serious graft and corruption.

20 (4) This issue is of paramount importance to

21 the United States taxpayer, and the Congress must

22 be provided with information about alleged con23 tractor waste, fraud, and abuse taking place in Iraq,

24 Afghanistan, and throughout the war on terror and

25 about the efforts of the Department of Justice to

26 combat these crimes.
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1 (b) REPORTS.—

2 (1) IN GENERAL.—Not later than 90 days after

3 the date of the enactment of this Act, and every 180

4 days thereafter, the Attorney General shall submit

5 to the Committee on the Judiciary and the Com6 mittee on Homeland Security and Governmental Af7 fairs of the Senate, the Committee on the Judiciary

8 and the Committee on Government Reform of the

9 House of Representatives, and the congressional de10 fense committees a report on efforts to investigate

11 and prosecute cases of waste, fraud, and abuse

12 under sections 3729 and 3730(b) of title 31, United

13 States Code, or any other related law that are re14 lated to Federal contracting in Iraq, Afghanistan,

15 and throughout the war on terror.

16 (2) CONTENT.—Each report submitted under

17 paragraph (1) shall include the following:

18 (A) Information on organized efforts of the

19 Department of Justice that have been created

20 to ensure that the Department of Justice is in21 vestigating, in a timely and appropriate man22 ner, claims of contractor waste, fraud, and

23 abuse related to the activities of the United

24 States Government in Iraq, Afghanistan, and

25 throughout the war on terror.
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1 (B) Information on the specific number of

2 personnel, financial resources, and workdays de3 voted to addressing this waste, fraud, and

4 abuse, including a complete listing of all of the

5 offices across the United States and throughout

6 the world that are working on these cases and

7 an explanation of the types of additional re8 sources, both in terms of personnel and fi9 nances, that the Department of Justice needs

10 to ensure that all of these cases proceed on a

11 timely basis.

12 (C) A detailed description of any internal

13 Department of Justice task force that exists to

14 work specifically on cases of contractor fraud

15 and abuse in Iraq, Afghanistan, and throughout

16 the war on terror, including a description of its

17 action plan, the frequency of its meetings, the

18 level and quantity of staff dedicated to it, its

19 measures for success, the nature and substance

20 of the allegations, and the amount of funds in

21 controversy for each case. If there is a showing

22 of extraordinary circumstances that disclosure

23 of particular information would pose an immi24 nent threat of harm to a relator and be detri25 mental to the public interest, then this informa-
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1 tion should be redacted in accordance with

2 standard practices.

3 (D) A detailed description of any inter4 agency task force that exists to work specifi5 cally on cases of contractor waste, fraud, and

6 abuse in Iraq, Afghanistan, and throughout the

7 war on terror, including its action plan, the fre8 quency of its meetings, the level and quantity of

9 staff dedicated to it, its measures for success,

10 the type, nature, and substance of the allega11 tions, and the amount of funds in controversy

12 for each case. If there is a showing of extraor13 dinary circumstances that disclosure of par14 ticular information would pose an imminent

15 threat of harm to a relator and be detrimental

16 to the public interest, then this information

17 should be redacted in accordance with standard

18 practices.

19 (E) The names of the senior officials di20 rectly responsible for oversight of the efforts to

21 address these cases of contractor waste, fraud,

22 and abuse in Iraq, Afghanistan, and throughout

23 the war on terror.

24 (F) Specific information on the number of

25 investigators and other personnel that have
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1 been provided to the Department of Justice by

2 other Federal departments and agencies in sup3 port of the efforts of the Department of Justice

4 to combat contractor waste, fraud, and abuse in

5 Iraq, Afghanistan, and throughout the war on

6 terror, including data on the quantity of time

7 that these investigators have spent working

8 within the Department of Justice structures

9 dedicated to this effort.

10 (G) Specific information on the full num11 ber of investigations, including grand jury in12 vestigations currently underway, that are ad13 dressing these cases of contractor waste, fraud,

14 and abuse in Iraq, Afghanistan, and throughout

15 the war on terror.

16 (H) Specific information on the number

17 and status of the criminal cases that have been

18 launched to address contractor waste, fraud,

19 and abuse in Iraq, Afghanistan, and throughout

20 the war on terror.

21 (I) Specific information on the number of

22 civil cases that have been filed to address con23 tractor waste, fraud, and abuse in Iraq, Af24 ghanistan, and throughout the war on terror,

25 including specific information on the quantity of
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1 cases initiated by private parties, as well as the

2 quantity of cases that have been referred to the

3 Department of Justice by the Department of

4 Defense, the Department of State, and other

5 relevant Federal departments and agencies.

6 (J) Specific information on the resolved

7 civil and criminal cases that have been filed to

8 address contractor waste, fraud, and abuse in

9 Iraq, Afghanistan, and throughout the war on

10 terror, including the specific results of these

11 cases, the types of waste, fraud, and abuse that

12 took place, the amount of funds that were re13 turned to the United States Government as a

14 result of resolution of these cases, and a full de15 scription of the type and substance of the

16 waste, fraud, and abuse that took place. If

17 there is a showing of extraordinary cir18 cumstances that disclosure of particular infor19 mation would pose an imminent threat of harm

20 to a relator and be detrimental to the public in21 terest, then this information should be redacted

22 in accordance with standard practices.

23 (K) The best estimate by the Department

24 of Justice of the scale of the problem of con-
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1 tractor waste, fraud, and abuse in Iraq, Af2 ghanistan, and throughout the war on terror.

3 SEC. 1070. REPORT ON BIODEFENSE STAFFING AND TRAIN4 ING REQUIREMENTS IN SUPPORT OF NA5 TIONAL BIOSAFETY LABORATORIES.

6 (a) STUDY REQUIRED.—The Secretary of Defense

7 shall, in consultation with the Secretary of Homeland Se8 curity and the Secretary of Health and Human Services,

9 conduct a study to determine the staffing and training re10 quirements for pending capital programs to construct bio11 defense laboratories (including agriculture and animal lab12 oratories) at Biosafety Level (BSL) 3 and Biosafety Level

13 4 or to expand current biodefense laboratories to such bio14 safety levels.

15 (b) ELEMENTS.—In conducting the study, the Sec16 retary of Defense shall address the following:

17 (1) The number of trained personnel, by dis18 cipline and qualification level, required for existing

19 biodefense laboratories at Biosafety Level 3 and Bio20 safety Level 4.

21 (2) The number of research and support staff,

22 including researchers, laboratory technicians, animal

23 handlers, facility managers, facility or equipment

24 maintainers, biosecurity personnel (including bio25 safety, physical, and electronic security personnel),
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1 and other safety personnel required to manage bio2 defense research efforts to combat bioterrorism at

3 the biodefense laboratories described in subsection

4 (a).

5 (3) The training required to provide the per6 sonnel described by paragraphs (1) and (2), includ7 ing the type of training (whether classroom, labora8 tory, or field training) required, the length of train9 ing required by discipline, and the curriculum re10 quired to be developed for such training.

11 (4) Training schedules necessary to meet the

12 scheduled openings of the biodefense laboratories de13 scribed in subsection (a), including schedules for re14 fresher training and continuing education that may

15 be necessary for that purpose.

16 (c) REPORT.—Not later than December 31, 2006, the

17 Secretary of Defense shall submit to Congress a report

18 setting forth the results of the study conducted under this

19 section.

20 SEC. 1070A. ANNUAL REPORT ON ACQUISITIONS OF ARTI21 CLES, MATERIALS, AND SUPPLIES MANUFAC22 TURED OUTSIDE THE UNITED STATES.

23 (a) IN GENERAL.—Not later than March 31 of each

24 year, the Department of Defense shall submit a report to

25 Congress on the amount of the acquisitions made by the
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1 agency in the preceding fiscal year of articles, materials,

2 or supplies purchased from entities that manufacture the

3 articles, materials, or supplies outside of the United

4 States.

5 (b) CONTENT.—Each report required by subsection

6 (a) shall separately indicate—

7 (1) the dollar value of any articles, materials, or

8 supplies purchased that were manufactured outside

9 of the United States;

10 (2) an itemized list of all waivers granted with

11 respect to such articles, materials, or supplies under

12 the Buy American Act (41 U.S.C. 10a et seq.); and

13 (3) a summary of—

14 (A) the total procurement funds expended

15 on articles, materials, and supplies manufac16 tured inside the United States; and

17 (B) the total procurement funds expended

18 on articles, materials, and supplies manufac19 tured outside the United States.

20 (c) PUBLIC AVAILABILITY.—The Department of De21 fense submitting a report under subsection (a) shall make

22 the report publicly available to the maximum extent prac23 ticable.

24 (d) APPLICABILITY.—This section shall not apply to

25 acquisitions made by an agency, or component thereof,
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1 that is an element of the intelligence community as set

2 forth in or designated under section 3(4) of the National

3 Security Act of 1947 (50 U.S.C. 401a(4)).

4 SEC. 1070B. ANNUAL REPORT ON FOREIGN SALES OF SIG5 NIFICANT MILITARY EQUIPMENT MANUFAC6 TURED INSIDE THE UNITED STATES.

7 (a) IN GENERAL.—Not later than March 31 of each

8 year, the Department of Defense shall submit a report to

9 Congress on foreign military sales and direct sales to for10 eign customers of significant military equipment manufac11 tured inside the United States.

12 (b) CONTENT.—Each report required by subsection

13 (a) shall indicate, for each sale in excess of $2,000,000—

14 (1) the nature of the military equipment sold

15 and the dollar value of the sale;

16 (2) the country to which the military equipment

17 was sold; and

18 (3) the manufacturer of the equipment and the

19 State in which the equipment was manufactured.

20 (c) PUBLIC AVAILABILITY.—The Department of De21 fense shall make reports submitted under this section pub22 licly available to the maximum extent practicable.
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1 SEC. 1070C. REPORT ON FEASIBILITY OF ESTABLISHING

2 REGIONAL COMBATANT COMMAND FOR AFRI3 CA.

4 (a) IN GENERAL.—Not later than 180 days after the

5 date of the enactment of this Act, the Secretary of Defense

6 shall submit to the congressional defense committees and

7 the Committee on Foreign Relations of the Senate and

8 the Committee on International Relations of the House

9 of Representatives a report on the establishment of a

10 United States Armed Forces regional combatant command

11 for Africa.

12 (b) CONTENT.—The report required under subsection

13 (a) shall include—

14 (1) a study on the feasibility and desirability of

15 establishing of a United States Armed Forces re16 gional combatant command for Africa;

17 (2) an assessment of the benefits and problems

18 associated with establishing such a command; and

19 (3) an estimate of the costs, time, and re20 sources needed to establish such a command.

21 SEC. 1070D. ANNUAL REPORTS ON EXPANDED USE OF UN22 MANNED AERIAL VEHICLES IN THE NA23 TIONAL AIRSPACE SYSTEM.

24 (a) FINDINGS.—The Senate makes the following

25 findings:
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1 (1) Unmanned aerial vehicles (UAVs) serve De2 partment of Defense intelligence, surveillance, recon3 naissance, and combat missions.

4 (2) Operational reliability of unmanned systems

5 continues to improve and sense-and-avoid technology

6 development and fielding must continue in an effort

7 to provide unmanned aerial systems with an equiva8 lent level of safety to manned aircraft.

9 (3) Unmanned aerial vehicles have the potential

10 to support the Nation’s homeland defense mission,

11 border security mission, and natural disaster recov12 ery efforts.

13 (4) Accelerated development and testing of

14 standards for the integration of unmanned aerial ve15 hicles in the National Airspace System would further

16 the increased safe use of such vehicles for border se17 curity, homeland defense, and natural disaster recov18 ery efforts.

19 (b) ANNUAL REPORTS.—Not later than one year

20 after the date of the enactment of this Act and annually

21 thereafter until the Federal Aviation Administration pro22 mulgates such policy, the Secretary of Defense shall sub23 mit to the Committees on Armed Services, Commerce,

24 Science and Transportation, and Homeland Security and

25 Governmental Affairs of the Senate and the Committees
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1 on Armed Services, Energy and Commerce, and Govern2 ment Reform of the House of Representatives a report on

3 the actions of the Department of Defense to support the

4 development by the Federal Aviation Administration of a

5 policy on the testing and operation of unmanned aerial

6 vehicles in the National Airspace System.

7 Subtitle H—Technical and

8 Conforming Amendments

9 SEC. 1071. UNIFORM DEFINITION OF NATIONAL SECURITY

10 SYSTEM FOR CERTAIN DEPARTMENT OF DE11 FENSE PURPOSES.

12 (a) DEFENSE BUSINESS SYSTEMS.—Section

13 2222(j)(6) of title 10, United States Code, is amended by

14 striking ‘‘section 2315 of this title’’ and inserting ‘‘section

15 3542(b)(2) of title 44’’.

16 (b) INFORMATION TECHNOLOGY.—Section

17 2223(c)(3) of such title is amended by striking ‘‘section

18 11103 of title 40’’ and inserting ‘‘section 3542(b)(2) of

19 title 44’’.

20 (c) PROCUREMENT OF AUTOMATIC DATA PROC21 ESSING EQUIPMENT AND SERVICES.—The text of section

22 2315 of such title is amended to read as follows:

23 ‘‘For the purposes of subtitle III of title 40, the term

24 ‘national security system’ has the meaning given that term

25 in section 3542(b)(2) of title 44.’’.
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1 SEC. 1072. CONFORMING AMENDMENT RELATING TO RE2 DESIGNATION OF DEFENSE COMMUNICA3 TIONS AGENCY AS DEFENSE INFORMATION

4 SYSTEMS AGENCY.

5 Paragraph (1) of section 193(f) of title 10, United

6 States Code, is amended to read as follows:

7 ‘‘(1) The Defense Information Systems Agen8 cy.’’.

9 SEC. 1073. TECHNICAL AMENDMENT.

10 Effective as of the date of the enactment of the Na11 tional Defense Authorization Act for Fiscal Year 2006

12 (Public Law 109–163) and as if included in the enactment

13 thereof, section 341(e) of such Act (119 Stat. 3199) is

14 amended by striking ‘‘(a)(1)(E)’’ and inserting

15 ‘‘(a)(1)(F)’’.

16 Subtitle I—Other Matters

17 SEC. 1081. NATIONAL FOREIGN LANGUAGE COORDINATION

18 COUNCIL.

19 (a) ESTABLISHMENT.—

20 (1) IN GENERAL.—Effective on October 1,

21 2006, there is established the National Foreign Lan22 guage Coordination Council (in this section referred

23 to as the ‘‘Council’’).

24 (2) INDEPENDENT ESTABLISHMENT.—The Na25 tional Foreign Language Coordination Council shall
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1 be an independent establishment as defined under

2 section 104 of title 5, United States Code.

3 (b) MEMBERSHIP.—The Council shall consist of the

4 following members or their designees:

5 (1) The National Language Director, who shall

6 serve as the chairperson of the Council.

7 (2) The Secretary of Education.

8 (3) The Secretary of Defense.

9 (4) The Secretary of State.

10 (5) The Secretary of Homeland Security.

11 (6) The Attorney General.

12 (7) The Director of National Intelligence.

13 (8) The Secretary of Labor.

14 (9) The Director of the Office of Personnel

15 Management.

16 (10) The Director of the Office of Management

17 and Budget.

18 (11) The Secretary of Commerce.

19 (12) The Secretary of Health and Human Serv20 ices.

21 (13) The Secretary of the Treasury.

22 (14) The Secretary of Housing and Urban De23 velopment.

24 (15) The Secretary of Agriculture.
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1 (16) The Chairman and President of the Ex2 port-Import Bank of the United States.

3 (17) The heads of such other Federal agencies

4 as the Council considers appropriate.

5 (c) RESPONSIBILITIES.—

6 (1) IN GENERAL.—The Council shall be

7 charged with—

8 (A) developing a national foreign language

9 strategy, within 18 months of the date of the

10 enactment of this Act, in consultation with—

11 (i) State and local government agen12 cies;

13 (ii) academic sector institutions;

14 (iii) foreign language related interest

15 groups;

16 (iv) business associations;

17 (v) industry;

18 (vi) heritage associations; and

19 (vii) other relevant stakeholders;

20 (B) conducting a survey of the extent of

21 Federal agency foreign language and area ex22 pertise, and of Federal agency needs for such

23 expertise;

24 (C) identifying and evaluating the ade25 quacy of Federal foreign language programs,
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1 including any duplicative or overlapping pro2 grams that may impede efficiency; and

3 (D) monitoring the implementation of such

4 strategy through—

5 (i) application of current and recently

6 enacted laws; and

7 (ii) the promulgation and enforcement

8 of rules and regulations.

9 (2) STRATEGY CONTENT.—The strategy devel10 oped under paragraph (1) shall include—

11 (A) identification of priorities to expand

12 foreign language skills in the public and private

13 sectors;

14 (B) recommendations for improving coordi15 nation of foreign language programs and activi16 ties among Federal agencies, enhancing Federal

17 foreign language programs and activities, and

18 allocating resources appropriately in order to

19 maximize the use of resources;

20 (C) needed national policies and cor21 responding legislative and regulatory actions in

22 support of, and allocation of designated re23 sources to, promising programs and initiatives

24 at all levels (Federal, State, and local), espe25 cially in the less commonly taught languages
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1 that are seen as critical for national security

2 and global competitiveness during the next 20

3 to 50 years;

4 (D) effective ways to increase public

5 awareness of the need for foreign language

6 skills and career paths in the public and private

7 sectors that can employ those skills, with the

8 objective of increasing support for foreign lan9 guage study among—

10 (i) Federal, State, and local leaders;

11 (ii) students;

12 (iii) parents;

13 (iv) elementary, secondary, and post14 secondary educational institutions; and

15 (v) employers;

16 (E) recommendations for incentives for de17 veloping related educational programs, includ18 ing foreign language teacher training;

19 (F) coordination of public and private sec20 tor efforts to provide foreign language instruc21 tion and acquire foreign language and area ex22 pertise;

23 (G) coordination of public and private sec24 tor initiatives to develop a strategic posture for

25 language research;
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1 (H) recommendations for—

2 (i) the development of foreign lan3 guage achievement standards; and

4 (ii) corresponding assessments of for5 eign language achievement standards for

6 the elementary, secondary, and postsec7 ondary education levels, including the Na8 tional Assessment of Educational Progress

9 in foreign languages;

10 (I) recommendations for development of—

11 (i) language skill-level certification

12 standards;

13 (ii) frameworks for pre-service and

14 professional development study for those

15 who teach foreign language;

16 (iii) suggested graduation criteria for

17 foreign language studies in non-language

18 areas, such as—

19 (I) international business;

20 (II) national security;

21 (III) public administration;

22 (IV) health care;

23 (V) engineering;

24 (VI) law;

25 (VII) journalism; and
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1 (VIII) sciences;

2 (J) identification of and means for repli3 cating best practices for teaching foreign lan4 guages in the public and private sectors, includ5 ing best practices from the international com6 munity; and

7 (K) recommendations for overcoming bar8 riers in foreign language proficiency.

9 (d) SUBMISSION OF STRATEGY TO PRESIDENT AND

10 CONGRESS.—Not later than 18 months after the date of

11 the enactment of this Act, the Council shall prepare and

12 transmit to the President and the relevant committees of

13 Congress the national foreign language strategy required

14 under subsection (c).

15 (e) MEETINGS.—The Council may hold such meet16 ings, and sit and act at such times and places, as the

17 Council considers appropriate, but shall meet in formal

18 session at least 2 times a year. State and local government

19 agencies and other organizations (such as academic sector

20 institutions, foreign language-related interest groups,

21 business associations, industry, and heritage community

22 organizations) shall be invited, as appropriate, to public

23 meetings of the Council at least once a year.

24 (f) STAFF.—

25 (1) IN GENERAL.—The Director may—
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1 (A) appoint, without regard to the provi2 sions of title 5, United States Code, governing

3 the competitive service, such personnel as the

4 Director considers necessary; and

5 (B) compensate such personnel without re6 gard to the provisions of chapter 51 and sub7 chapter III of chapter 53 of that title.

8 (2) DETAIL OF GOVERNMENT EMPLOYEES.—

9 Upon request of the Council, any Federal Govern10 ment employee may be detailed to the Council with11 out reimbursement, and such detail shall be without

12 interruption or loss of civil service status or privi13 lege.

14 (3) EXPERTS AND CONSULTANTS.—With the

15 approval of the Council, the Director may procure

16 temporary and intermittent services under section

17 3109(b) of title 5, United States Code.

18 (4) TRAVEL EXPENSES.—Council members and

19 staff shall be allowed travel expenses, including per

20 diem in lieu of subsistence, at rates authorized for

21 employees of agencies under subchapter I of chapter

22 57 of title 5, United States Code, while away from

23 their homes or regular places of business in the per24 formance of services for the Council.

25 (5) SECURITY CLEARANCE.—
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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the appropriate Federal agencies or

3 departments shall cooperate with the Council in

4 expeditiously providing to the Council members

5 and staff appropriate security clearances to the

6 extent possible pursuant to existing procedures

7 and requirements.

8 (B) EXCEPTION.—No person shall be pro9 vided with access to classified information

10 under this section without the appropriate re11 quired security clearance access.

12 (6) COMPENSATION.—The rate of pay for any

13 employee of the Council (including the Director)

14 may not exceed the rate payable for level V of the

15 Executive Schedule under section 5316 of title 5,

16 United States Code.

17 (g) POWERS.—

18 (1) DELEGATION.—Any member or employee of

19 the Council may, if authorized by the Council, take

20 any action that the Council is authorized to take in

21 this section.

22 (2) INFORMATION.—

23 (A) COUNCIL AUTHORITY TO SECURE.—

24 The Council may secure directly from any Fed25 eral agency such information, consistent with
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1 Federal privacy laws, including the Family

2 Educational Rights and Privacy Act (20 U.S.C.

3 1232g) and the Department of Education’s

4 General Education Provisions Act (20 U.S.C.

5 1232(h)), the Council considers necessary to

6 carry out its responsibilities.

7 (B) REQUIREMENT TO FURNISH RE8 QUESTED INFORMATION.—Upon request of the

9 Director, the head of such agency shall furnish

10 such information to the Council.

11 (3) DONATIONS.—The Council may accept, use,

12 and dispose of gifts or donations of services or prop13 erty.

14 (4) MAIL.—The Council may use the United

15 States mail in the same manner and under the same

16 conditions as other Federal agencies.

17 (h) CONFERENCES, NEWSLETTER, AND WEBSITE.—

18 In carrying out this section, the Council—

19 (1) may arrange Federal, regional, State, and

20 local conferences for the purpose of developing and

21 coordinating effective programs and activities to im22 prove foreign language education;

23 (2) may publish a newsletter concerning Fed24 eral, State, and local programs that are effectively
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1 meeting the foreign language needs of the nation;

2 and

3 (3) shall create and maintain a website con4 taining information on the Council and its activities,

5 best practices on language education, and other rel6 evant information.

7 (i) REPORTS.—Not later than April 1, 2007, and an8 nually thereafter, the Council shall prepare and transmit

9 to the President and the relevant committees of Congress

10 a report that describes—

11 (1) the activities of the Council to develop the

12 national foreign language strategy required under

13 subsection (c);

14 (2) the findings of the Council as of the date

15 of such report;

16 (3) the efforts of the Council to improve foreign

17 language education and training; and

18 (4) impediments identified by the Council to the

19 implementation of a comprehensive national foreign

20 language strategy, including any statutory and regu21 latory restrictions.

22 (j) ESTABLISHMENT OF NATIONAL LANGUAGE DI23 RECTOR.—

24 (1) IN GENERAL.—There is established a Na25 tional Language Director who shall be appointed by
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1 the President. The National Language Director shall

2 be a nationally recognized individual with credentials

3 and abilities in the public and private sectors to be

4 involved with creating and implementing long-term

5 solutions to achieving national foreign language and

6 cultural competency.

7 (2) RESPONSIBILITIES.—The National Lan8 guage Director shall—

9 (A) develop and monitor the implementa10 tion of a national foreign language strategy

11 across the public and private sectors;

12 (B) establish formal relationships among

13 the major stakeholders in meeting the needs of

14 the Nation for improved capabilities in foreign

15 languages and cultural understanding, including

16 Federal, State, and local government agencies,

17 academia, industry, labor, and heritage commu18 nities; and

19 (C) coordinate and lead a public informa20 tion campaign that raises awareness of public

21 and private sector careers requiring foreign lan22 guage skills and cultural understanding, with

23 the objective of increasing interest in and sup24 port for the study of foreign languages among
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1 national leaders, the business community, local

2 officials, parents, and individuals.

3 (k) ENCOURAGEMENT OF STATE INVOLVEMENT.—

4 (1) STATE CONTACT PERSONS.—The Council

5 shall consult with each State to provide for the des6 ignation by each State of an individual to serve as

7 a State contact person for the purpose of receiving

8 and disseminating information and communications

9 received from the Council.

10 (2) STATE INTERAGENCY COUNCILS AND LEAD

11 AGENCIES.—Each State is encouraged to establish a

12 State interagency council on foreign language co13 ordination or designate a lead agency for the State

14 for the purpose of assuming primary responsibility

15 for coordinating and interacting with the Council

16 and State and local government agencies as nec17 essary.

18 (l) SUNSET.—This section shall cease to have effect

19 on September 30, 2015.

20 (m) AUTHORIZATION OF APPROPRIATIONS.—There is

21 authorized to be appropriated for fiscal year 2007,

22 $1,500,000 to carry out this section.
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1 SEC. 1082. SUPPORT OF SUCCESSOR ORGANIZATIONS OF

2 THE DISESTABLISHED INTERAGENCY GLOB3 AL POSITIONING SYSTEM EXECUTIVE BOARD.

4 Section 8 of the Commercial Space Transportation

5 Competitiveness Act of 2000 (Public Law 106–405; 114

6 Stat. 1753; 10 U.S.C. 2281 note) is amended by striking

7 ‘‘the Interagency Global Positioning System Executive

8 Board, including an Executive Secretariat to be housed

9 at the Department of Commerce’’ and inserting ‘‘the Na10 tional Space-Based Positioning, Navigation, and Timing

11 Executive Committee, the National Space-Based Posi12 tioning, Navigation, and Timing Coordination Office, and

13 the National Space-Based Positioning, Navigation, and

14 Timing Advisory Board, and any successor organization’’.

15 SEC. 1083. QUADRENNIAL DEFENSE REVIEW.

16 (a) FINDINGS.—Congress makes the following find17 ings:

18 (1) The Quadrennial Defense Review (QDR)

19 under section 118 of title 10, United States Code,

20 is vital in laying out the strategic military planning

21 and threat objectives of the Department of Defense.

22 (2) The Quadrennial Defense Review is critical

23 to identifying the correct mix of military planning

24 assumptions, defense capabilities, and strategic fo25 cuses for the Armed Forces of the United States.
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Quadrennial Defense Review is intended to

3 provide more than an overview of global threats and the

4 general strategic orientation of the Department of De5 fense.

6 (c) IMPROVEMENTS TO QUADRENNIAL DEFENSE RE7 VIEW.—

8 (1) CONDUCT OF REVIEW.—Subsection (b) of

9 section 118 of title 10, United States Code, is

10 amended—

11 (A) in paragraph (2), by striking ‘‘and’’ at

12 the end;

13 (B) in paragraph (3), by striking the pe14 riod at the end and inserting ‘‘; and’’; and

15 (C) by adding at the end the following new

16 paragraph:

17 ‘‘(4) to make recommendations that are not

18 constrained to comply with the budget submitted to

19 Congress by the President pursuant to section 1105

20 of title 31.’’.

21 (2) ADDITIONAL ELEMENT IN REPORT TO CON22 GRESS.—Subsection (d) of such section is

23 amended—
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1 (A) in paragraph (1), by inserting ‘‘, the

2 strategic planning guidance,’’ after ‘‘United

3 States’’;

4 (B) by redesignating paragraphs (9)

5 through (15) as paragraphs (10) through (16),

6 respectively; and

7 (C) by inserting after paragraph (8) the

8 following new paragraph (9):

9 ‘‘(9) The specific capabilities, including the gen10 eral number and type of specific military platforms,

11 needed to achieve the strategic and warfighting ob12 jectives identified in the review.’’.

13 (3) CJCS REVIEW.—Subsection (e)(1) of such

14 section is amended by inserting before the period at

15 the end the following: ‘‘ and a description of the ca16 pabilities needed to address such risk’’.

17 (4) INDEPENDENT ASSESSMENT.—Such section

18 is further amended by adding at the end the fol19 lowing new subsection:

20 ‘‘(f) INDEPENDENT ASSESSMENT.—(1) Not later

21 than one year before the date a report on a quadrennial

22 defense review is to be submitted to Congress under sub23 section (d), the President shall appoint a panel to conduct

24 an independent assessment of the review.
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1 ‘‘(2) The panel appointed under paragraph (1) shall

2 be composed of seven individuals (who may not be employ3 ees of the Department of Defense) as follows:

4 ‘‘(A) Three members shall be appointed by the

5 President.

6 ‘‘(B) One member shall be appointed by the

7 President in consultation with, and based on the rec8 ommendations of, the Speaker of the House of Rep9 resentatives.

10 ‘‘(C) One member shall be appointed by the

11 President in consultation with, and based on the rec12 ommendations of, the Minority Leader of the House

13 of Representatives.

14 ‘‘(D) One member shall be appointed by the

15 President in consultation with, and based on the rec16 ommendations of, the Majority Leader of the Sen17 ate.

18 ‘‘(E) One member shall be appointed by the

19 President in consultation with, and based on the rec20 ommendations of, the Minority Leader of the Sen21 ate.

22 ‘‘(3) Not later than three months after the date that

23 the report on a quadrennial defense review is submitted

24 to Congress under subsection (d), the panel appointed

25 under paragraph (2) shall provide to the congressional de-
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1 fense committees an assessment of the assumptions, plan2 ning guidelines, recommendations, and realism of the re3 view.’’.

4 SEC. 1084. SENSE OF CONGRESS ON THE COMMENDABLE

5 ACTIONS OF THE ARMED FORCES.

6 (a) FINDINGS.—Congress finds that—

7 (1) on June 7, 2006, the United States Armed

8 Forces conducted an air raid near the City of

9 Baquba, northeast of Baghdad, Iraq, that resulted

10 in the death of Ahmad Fadeel al-Nazal al-Khalayleh,

11 better known as Abu Musab al-Zarqawi, the leader

12 of the al-Qaeda in Iraq terrorist organization and

13 the most wanted terrorist in Iraq;

14 (2) Zarqawi, as the operational commander of

15 al-Qaeda in Iraq, led a brutal campaign of suicide

16 bombings, car bombings, assassinations, and abduc17 tions that caused the deaths of many members of

18 the United States Armed Forces, civilian officials of

19 the United States Government, thousands of inno20 cent Iraqi civilians, and innocent civilians of other

21 nations;

22 (3) Zarqawi publicly swore his allegiance to

23 Osama bin Laden and al-Qaeda in 2004, and

24 changed the name of his terrorist organization from
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1 the ‘‘Monotheism and Holy War Group’’ to ‘‘al2 Qaeda in Iraq’’;

3 (4) in an audiotape broadcast in December

4 2004, Osama bin Laden, the leader of al-Qaeda’s

5 worldwide terrorist organization, called Zarqawi ‘‘the

6 prince of al-Qaeda in Iraq’’;

7 (5) 3 perpetrators confessed to being paid by

8 Zarqawi to carry out the October 2002 assassination

9 of the United States diplomat, Lawrence Foley, in

10 Amman, Jordan;

11 (6) the Monotheism and Holy War Group

12 claimed responsibility for—

13 (A) the August 2003 suicide attack that

14 destroyed the United Nations headquarters in

15 Baghdad and killed the United Nations envoy

16 to Iraq Sergio Vieira de Mello along with 21

17 other people; and

18 (B) the suicide attack on the Imam Ali

19 Mosque in Najaf that occurred less than 2

20 weeks later, which killed at least 85 people, in21 cluding the Ayatollah Sayed Mohammed Baqr

22 al-Hakim, and wounded dozens more;

23 (7) Zarqawi is believed to have personally be24 headed American hostage Nicholas Berg in May

25 2004;
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1 (8) in May 2004, Zarqawi was implicated in a

2 car bombing that killed Izzadine Salim, the rotating

3 president of the Iraqi Governing Council;

4 (9) in November 2005, al-Qaeda in Iraq at5 tacked 3 hotels in Amman, Jordan, killing at least

6 67 innocent civilians;

7 (10) Zarqawi and his terrorist organization

8 were directly responsible for numerous other brutal

9 terrorist attacks against the American and coalition

10 troops, Iraqi security forces and recruits, and inno11 cent Iraqi civilians;

12 (11) Zarqawi sought to turn Iraq into a safe

13 haven for al-Qaeda;

14 (12) to achieve that end, Zarqawi stated his op15 position to the democratically elected government of

16 Iraq and worked to divide the Iraqi people, foment

17 sectarian violence, and incite a civil war in Iraq; and

18 (13) the men and women of the United States

19 Armed Forces, the intelligence community, and

20 other agencies, along with coalition partners and the

21 Iraqi Security Forces, should be commended for

22 their courage and extraordinary efforts to track

23 down the most wanted terrorist in Iraq and to se24 cure a free and prosperous future for the people of

25 Iraq.
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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that Congress—

3 (1) commends the United States Armed Forces,

4 the intelligence community, and other agencies,

5 along with coalition partners, for the actions taken

6 through June 7, 2006, that resulted in the death of

7 Abu Musab al-Zarqawi, the leader of the al-Qaeda in

8 Iraq terrorist organization and the most wanted ter9 rorist in Iraq;

10 (2) commends the United States Armed Forces,

11 the intelligence community, and other agencies for

12 this action and their exemplary performance in striv13 ing to bring freedom, democracy, and security to the

14 people of Iraq;

15 (3) commends the coalition partners of the

16 United States, the new government of Iraq, and

17 members of the Iraqi Security Forces for their in18 valuable assistance in that operation and their ex19 traordinary efforts to secure a free and prosperous

20 Iraq;

21 (4) commends our civilian and military leader22 ship for their continuing efforts to eliminate the

23 leadership of al-Qaeda in Iraq, and also commends

24 the new government of Iraq, led by Prime Minister
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1 Jawad al-Maliki, for its contribution to that achieve2 ment;

3 (5) recognizes that the death of Abu Musab al4 Zarqawi is a victory for American and coalition

5 forces in the global war on terror and a blow to the

6 al-Qaeda terrorist organization;

7 (6) commends the Iraqi Prime Minister Jawad

8 al-Maliki on the finalization of the new Iraqi cabinet;

9 (7) urges the democratically elected government

10 in Iraq to use this opportunity to defeat the terrorist

11 enemy, to put an end to ethnic and sectarian vio12 lence, and to achieve a free, prosperous, and secure

13 future for Iraq; and

14 (8) affirms that the Senate will continue to sup15 port the United States Armed Forces, the democrat16 ically elected unity government of Iraq, and the peo17 ple of Iraq in their quest to secure a free, pros18 perous, and democratic Iraq.

19 SEC. 1085. BUDGETING FOR ONGOING MILITARY OPER20 ATIONS.

21 The President’s budget submitted pursuant to section

22 1105(a) of title 31, United States Code, for each fiscal

23 year after fiscal year 2007 shall include—

24 (1) a request for funds for such fiscal year for

25 ongoing military operations in Afghanistan and Iraq;
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1 (2) an estimate of all funds expected to be re2 quired in that fiscal year for such operations; and

3 (3) a detailed justification of the funds re4 quested.

5 SEC. 1086. COURT SECURITY IMPROVEMENTS.

6 (a) JUDICIAL BRANCH SECURITY REQUIREMENTS.—

7 (1) ENSURING CONSULTATION AND COORDINA8 TION WITH THE JUDICIARY.—Section 566 of title

9 28, United States Code, is amended by adding at

10 the end the following:

11 ‘‘(i) The Director of the United States Marshals

12 Service shall consult and coordinate with the Judicial Con13 ference of the United States on a continuing basis regard14 ing the security requirements for the judicial branch of

15 the United States Government.’’.

16 (2) CONFORMING AMENDMENT.—Section 331

17 of title 28, United States Code, is amended by add18 ing at the end the following:

19 ‘‘The Judicial Conference shall consult and coordi20 nate with the Director of United States Marshals Service

21 on a continuing basis regarding the security requirements

22 for the judicial branch of the United States Government.’’.

23 (b) PROTECTION OF FAMILY MEMBERS.—Section

24 105(b)(3) of the Ethics in Government Act of 1978 (5

25 U.S.C. App.) is amended—
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1 (1) in subparagraph (A), by inserting ‘‘or a

2 family member of that individual’’ after ‘‘that indi3 vidual’’; and

4 (2) in subparagraph (B)(i), by inserting ‘‘or a

5 family member of that individual’’ after ‘‘the re6 port’’.

7 (c) EXTENSION OF SUNSET PROVISION.—Section

8 105(b)(3) of the Ethics in Government Act of 1978 (5

9 U.S.C. App.) is amended by striking ‘‘2005’’ each place

10 that term appears and inserting ‘‘2009’’.

11 (d) PROTECTIONS AGAINST MALICIOUS RECORDING

12 OF FICTITIOUS LIENS AGAINST FEDERAL JUDGES AND

13 FEDERAL LAW ENFORCEMENT OFFICERS.—

14 (1) OFFENSE.—Chapter 73 of title 18, United

15 States Code, is amended by adding at the end the

16 following:

17 ‘‘SEC. 1521. RETALIATING AGAINST A FEDERAL JUDGE OR

18 FEDERAL LAW ENFORCEMENT OFFICER BY

19 FALSE CLAIM OR SLANDER OF TITLE.

20 ‘‘(a) Whoever files or attempts to file, in any public

21 record or in any private record which is generally available

22 to the public, any false lien or encumbrance against the

23 real or personal property of a Federal judge or a Federal

24 law enforcement official, on account of the performance

25 of official duties by that Federal judge or Federal law en-
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1 forcement official, knowing or having reason to know that

2 such lien or encumbrance is false or contains any materi3 ally false, fictitious, or fraudulent statement or representa4 tion, shall be fined under this title or imprisoned for not

5 more than 10 years, or both.

6 ‘‘(b) As used in this section—

7 ‘‘(1) the term ‘Federal judge’ means a justice

8 or judge of the United States as defined in section

9 451 of title 28, United States Code, a judge of the

10 United States Court of Federal Claims, a United

11 States bankruptcy judge, a United States magistrate

12 judge, and a judge of the United States Court of

13 Appeals for the Armed Forces, United States Court

14 of Appeals for Veterans Claims, United States Tax

15 Court, District Court of Guam, District Court of the

16 Northern Mariana Islands, or District Court of the

17 Virgin Islands; and

18 ‘‘(2) the term ‘Federal law enforcement officer’

19 has the meaning given that term in section 115 of

20 this title and includes an attorney who is an officer

21 or employee of the United States in the executive

22 branch of the Government.’’.

23 (2) CLERICAL AMENDMENT.—The chapter anal24 ysis for chapter 73 of title 18, United States Code,
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1 is amended by adding at the end the following new

2 item:

‘‘1521. Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title.’’.

3 (e) PROTECTION OF INDIVIDUALS PERFORMING CER4 TAIN OFFICIAL DUTIES.—

5 (1) OFFENSE.—Chapter 7 of title 18, United

6 States Code, is amended by adding at the end the

7 following:

8 ‘‘SEC. 118. PROTECTION OF INDIVIDUALS PERFORMING

9 CERTAIN OFFICIAL DUTIES.

10 ‘‘(a) Whoever knowingly makes restricted personal in11 formation about a covered official, or a member of the im12 mediate family of that covered official, publicly available,

13 with the intent that such restricted personal information

14 be used to kill, kidnap, or inflict bodily harm upon, or to

15 threaten to kill, kidnap, or inflict bodily harm upon, that

16 covered official, or a member of the immediate family of

17 that covered official, shall be fined under this title and

18 imprisoned not more than 5 years, or both.

19 ‘‘(b) As used in this section—

20 ‘‘(1) the term ‘restricted personal information’

21 means, with respect to an individual, the Social Se22 curity number, the home address, home phone num23 ber, mobile phone number, personal email, or home

24 fax number of, and identifiable to, that individual;
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1 ‘‘(2) the term ‘covered official’ means—

2 ‘‘(A) an individual designated in section

3 1114;

4 ‘‘(B) a Federal judge or Federal law en5 forcement officer as those terms are defined in

6 section 1521; or

7 ‘‘(C) a grand or petit juror, witness, or

8 other officer in or of, any court of the United

9 States, or an officer who may be serving at any

10 examination or other proceeding before any

11 United States magistrate judge or other com12 mitting magistrate; and

13 ‘‘(3) the term ‘immediate family’ has the same

14 meaning given that term in section 115(c)(2).’’.

15 (2) CLERICAL AMENDMENT.—The chapter anal16 ysis for chapter 7 of title 18, United States Code,

17 is amended by adding at the end the following:

‘‘Sec. 117. Domestic assault by an habitual offender.

‘‘Sec. 118. Protection of individuals performing certain official duties.’’.

18 (f) PROHIBITION OF POSSESSION OF DANGEROUS

19 WEAPONS IN FEDERAL COURT FACILITIES.—Section

20 930(e)(1) of title 18, United States Code, is amended by

21 inserting ‘‘or other dangerous weapon’’ after ‘‘firearm’’.

22 (g) CLARIFICATION OF VENUE FOR RETALIATION

23 AGAINST A WITNESS.—Section 1513 of title 18, United
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1 States Code, is amended by adding at the end the fol2 lowing:

3 ‘‘(g) A prosecution under this section may be brought

4 in the district in which the official proceeding (whether

5 or not pending, about to be instituted or completed) was

6 intended to be affected, or in which the conduct consti7 tuting the alleged offense occurred.’’.

8 (h) WITNESS PROTECTION GRANT PROGRAM.—Title

9 I of the Omnibus Crime Control and Safe Streets Act of

10 1968 (42 U.S.C. 3711 et seq.) is amended by adding at

11 the end the following new part:

12 ‘‘PART JJ—WITNESS PROTECTION GRANTS

13 ‘‘SEC. 3001. PROGRAM AUTHORIZED.

14 ‘‘(a) IN GENERAL.—From amounts made available to

15 carry out this part, the Attorney General may make grants

16 to States, units of local government, and Indian tribes to

17 create and expand witness protection programs in order

18 to prevent threats, intimidation, and retaliation against

19 victims of, and witnesses to, crimes.

20 ‘‘(b) USES OF FUNDS.—Grants awarded under this

21 part shall be—

22 ‘‘(1) distributed directly to the State, unit of

23 local government, or Indian tribe; and
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1 ‘‘(2) used for the creation and expansion of wit2 ness protection programs in the jurisdiction of the

3 grantee.

4 ‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding

5 grants under this part, the Attorney General may give

6 preferential consideration, if feasible, to an application

7 from a jurisdiction that—

8 ‘‘(1) has the greatest need for witness and vic9 tim protection programs;

10 ‘‘(2) has a serious violent crime problem in the

11 jurisdiction; and

12 ‘‘(3) has had, or is likely to have, instances of

13 threats, intimidation, and retaliation against victims

14 of, and witnesses to, crimes.

15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to carry out this section

17 $20,000,000 for each of fiscal years 2006 through 2010.’’.

18 (i) GRANTS TO STATES TO PROTECT WITNESSES

19 AND VICTIMS OF CRIMES.—

20 (1) IN GENERAL.—Section 31702 of the Violent

21 Crime Control and Law Enforcement Act of 1994

22 (42 U.S.C. 13862) is amended—

23 (A) in paragraph (3), by striking ‘‘and’’ at

24 the end;
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1 (B) in paragraph (4), by striking the pe2 riod and inserting ‘‘; and’’; and

3 (C) by adding at the end the following:

4 ‘‘(5) to create and expand witness and victim

5 protection programs to prevent threats, intimidation,

6 and retaliation against victims of, and witnesses to,

7 violent crimes.’’.

8 (2) AUTHORIZATION OF APPROPRIATIONS.—

9 Section 31707 of the Violent Crime Control and

10 Law Enforcement Act of 1994 (42 U.S.C. 13867) is

11 amended to read as follows:

12 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘There are authorized to be appropriated

14 $20,000,000 for each of the fiscal years 2006 through

15 2010 to carry out this subtitle.’’.

16 (j) ELIGIBILITY OF STATE COURTS FOR CERTAIN

17 FEDERAL GRANTS.—

18 (1) CORRECTIONAL OPTIONS GRANTS.—Section

19 515 of the Omnibus Crime Control and Safe Streets

20 Act of 1968 (42 U.S.C. 3762a) is amended—

21 (A) in subsection (a)—

22 (i) in paragraph (2), by striking

23 ‘‘and’’ at the end;

24 (ii) in paragraph (3), by striking the

25 period and inserting ‘‘; and’’; and
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1 (iii) by adding at the end the fol2 lowing:

3 ‘‘(4) grants to State courts to improve security

4 for State and local court systems.’’; and

5 (B) in subsection (b), by inserting after

6 the period the following:

7 ‘‘Priority shall be given to State court applicants under

8 subsection (a)(4) that have the greatest demonstrated

9 need to provide security in order to administer justice.’’.

10 (2) ALLOCATIONS.—Section 516(a) of the Om11 nibus Crime Control and Safe Streets Act of 1968

12 (42 U.S.C. 3762b) is amended by—

13 (A) striking ‘‘80’’ and inserting ‘‘70’’;

14 (B) striking ‘‘and 10’’ and inserting ‘‘10’’;

15 and

16 (C) inserting before the period the fol17 lowing: ‘‘, and 10 percent for section

18 515(a)(4)’’.

19 (k) BANKRUPTCY, MAGISTRATE, AND TERRITORIAL

20 JUDGES LIFE INSURANCE.—

21 (1) BANKRUPTCY JUDGES.—Section 153 of title

22 28, United States Code, is amended by adding at

23 the end the following:

24 ‘‘(e) For purposes of construing and applying chapter

25 87 of title 5, United States Code, including any adjust-
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1 ment of insurance rates by regulation or otherwise, a

2 bankruptcy judge of the United States in regular active

3 service or who is retired under section 377 of this title

4 shall be deemed to be a judge of the United States de5 scribed under section 8701(a)(5) of title 5.’’.

6 (2) UNITED STATES MAGISTRATE JUDGES.—

7 Section 634(c) of title 28, United States Code, is

8 amended—

9 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

10 (B) by adding at the end the following:

11 ‘‘(2) For purposes of construing and applying

12 chapter 87 of title 5, United States Code, including

13 any adjustment of insurance rates by regulation or

14 otherwise, a magistrate judge of the United States

15 in regular active service or who is retired under sec16 tion 377 of this title shall be deemed to be a judge

17 of the United States described under section

18 8701(a)(5) of title 5.’’.

19 (3) TERRITORIAL JUDGES.—

20 (A) GUAM.—Section 24 of the Organic Act

21 of Guam (48 U.S.C. 1424b) is amended by add22 ing at the end the following:

23 ‘‘(c) For purposes of construing and applying chapter

24 87 of title 5, United States Code, including any adjust25 ment of insurance rates by regulation or otherwise, a
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1 judge appointed under this section who is in regular active

2 service or who is retired under section 373 of title 28,

3 United States Code, shall be deemed to be a judge of the

4 United States described under section 8701(a)(5) of title

5 5.’’.

6 (B) COMMONWEALTH OF THE NORTHERN

7 MARIANA ISLANDS.—Section 1(b) of the Act of

8 November 8, 1977 (48 U.S.C. 1821) is amend9 ed by adding at the end the following:

10 ‘‘(5) For purposes of construing and applying

11 chapter 87 of title 5, United States Code, including

12 any adjustment of insurance rates by regulation or

13 otherwise, a judge appointed under this section who

14 is in regular active service or who is retired under

15 section 373 of title 28, United States Code, shall be

16 deemed to be a judge of the United States described

17 under section 8701(a)(5) of title 5.’’.

18 (C) VIRGIN ISLANDS.—Section 24(a) of

19 the Revised Organic Act of the Virgin Islands

20 (48 U.S.C. 1614(a)) is amended—

21 (i) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

22 (ii) by adding at the end the fol23 lowing:

24 ‘‘(2) For purposes of construing and applying

25 chapter 87 of title 5, United States Code, including
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1 any adjustment of insurance rates by regulation or

2 otherwise, a judge appointed under this section who

3 is in regular active service or who is retired under

4 section 373 of title 28, United States Code, shall be

5 deemed to be a judge of the United States described

6 under section 8701(a)(5) of title 5.’’.

7 (m) HEALTH INSURANCE FOR SURVIVING FAMILY

8 AND SPOUSES OF JUDGES.—Section 8901(3) of title 5,

9 United States Code, is amended—

10 (1) in subparagraph (C), by striking ‘‘; and’’

11 and inserting a semicolon;

12 (2) in subparagraph (D), by adding ‘‘and’’ after

13 the semicolon; and

14 (3) by adding at the end the following:

15 ‘‘(E) a member of a family who is a sur16 vivor of—

17 ‘‘(i) a Justice or judge of the United

18 States, as defined under section 451 of

19 title 28, United States Code;

20 ‘‘(ii) a judge of the District Court of

21 Guam, the District Court of the Northern

22 Mariana Islands, or the District Court of

23 the Virgin Islands;

24 ‘‘(iii) a judge of the United States

25 Court of Federal Claims; or
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1 ‘‘(iv) a United States bankruptcy

2 judge or a full-time United States mag3 istrate judge.’’.

4 SEC. 1087. SENSE OF THE SENATE ON DESTRUCTION OF

5 CHEMICAL WEAPONS.

6 (a) FINDINGS.—The Senate makes the following

7 findings:

8 (1) The Convention on the Prohibition of the

9 Development, Production, Stockpiling and Use of

10 Chemical Weapons and on Their Destruction, done

11 at Paris on January 13, 1993 (commonly referred to

12 as the ‘‘Chemical Weapons Convention’’), requires

13 all United States chemical weapons stockpiles be de14 stroyed by no later than the extended deadline of

15 April 29, 2012.

16 (2) On April 10, 2006, the Department of De17 fense notified Congress that the United States would

18 not meet even the extended deadline under the

19 Chemical Weapons Convention for destruction of

20 United States chemical weapons stockpiles.

21 (3) Destroying existing chemical weapons is a

22 homeland security imperative, an arms control pri23 ority, and required by United States law.

24 (4) The elimination and nonproliferation of

25 chemical weapons of mass destruction is of utmost
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1 importance to the national security of the United

2 States.

3 (b) SENSE OF THE SENATE.—It is the sense of the

4 Senate that—

5 (1) the United States is committed to making

6 every effort to safely dispose of its chemical weapons

7 stockpiles by the Chemical Weapons Convention

8 deadline of April 29, 2012, or as soon thereafter as

9 possible, and will carry out all of its other obliga10 tions under the Convention;

11 (2) the Secretary of Defense should prepare a

12 comprehensive schedule for safely destroying the

13 United States chemical weapons stockpiles to pre14 vent further delays in the destruction of such stock15 piles, and the schedule should be submitted annually

16 to the congressional defense committees separately

17 or as part of another required report; and

18 (3) the Secretary of Defense should make every

19 effort to ensure adequate funding to complete the

20 elimination of the United States chemical weapons

21 stockpile in the shortest time possible, consistent

22 with the requirement to protect public health, safety,

23 and the environment.
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1 SEC. 1088. IMPROVED ACCOUNTABILITY FOR COMPETITIVE

2 CONTRACTING IN HURRICANE RECOVERY.

3 The exceptions to full and open competition otherwise

4 available under paragraphs (2), (3), (4), and (5) of section

5 303(c) of the Federal Property and Administrative Serv6 ices Act of 1949 (41 U.S.C. 253(c)) and paragraphs (2),

7 (3), (4), and (5) of section 2304(c) of title 10, United

8 States Code, shall not apply to Federal contracts worth

9 over $500,000 for the procurement of property or services

10 in connection with relief and recovery efforts related to

11 Hurricane Katrina and the other hurricanes of the 2005

12 season.

13 SEC. 1089. PROTECTION OF CERTAIN DISCLOSURES OF IN14 FORMATION BY FEDERAL EMPLOYEES.

15 (a) SHORT TITLE.—This Act may be cited as the

16 ‘‘Federal Employee Protection of Disclosures Act’’.

17 (b) CLARIFICATION OF DISCLOSURES COVERED.—

18 Section 2302(b)(8) of title 5, United States Code, is

19 amended—

20 (1) in subparagraph (A)—

21 (A) by striking ‘‘which the employee or ap22 plicant reasonably believes evidences’’ and in23 serting ‘‘, without restriction to time, place,

24 form, motive, context, or prior disclosure made

25 to any person by an employee or applicant, in26 cluding a disclosure made in the ordinary
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1 course of an employee’s duties, that the em2 ployee or applicant reasonably believes is evi3 dence of’’; and

4 (B) in clause (i), by striking ‘‘a violation’’

5 and inserting ‘‘any violation’’;

6 (2) in subparagraph (B)—

7 (A) by striking ‘‘which the employee or ap8 plicant reasonably believes evidences’’ and in9 serting ‘‘, without restriction to time, place,

10 form, motive, context, or prior disclosure made

11 to any person by an employee or applicant, in12 cluding a disclosure made in the ordinary

13 course of an employee’s duties, of information

14 that the employee or applicant reasonably be15 lieves is evidence of’’; and

16 (B) in clause (i), by striking ‘‘a violation’’

17 and inserting ‘‘any violation (other than a viola18 tion of this section)’’; and

19 (3) by adding at the end the following:

20 ‘‘(C) any disclosure that—

21 ‘‘(i) is made by an employee or appli22 cant of information required by law or Ex23 ecutive order to be kept secret in the inter24 est of national defense or the conduct of

25 foreign affairs that the employee or appli-
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1 cant reasonably believes is direct and spe2 cific evidence of—

3 ‘‘(I) any violation of any law,

4 rule, or regulation;

5 ‘‘(II) gross mismanagement, a

6 gross waste of funds, an abuse of au7 thority, or a substantial and specific

8 danger to public health or safety; or

9 ‘‘(III) a false statement to Con10 gress on an issue of material fact; and

11 ‘‘(ii) is made to—

12 ‘‘(I) a member of a committee of

13 Congress having a primary responsi14 bility for oversight of a department,

15 agency, or element of the Federal

16 Government to which the disclosed in17 formation relates and who is author18 ized to receive information of the type

19 disclosed;

20 ‘‘(II) any other Member of Con21 gress who is authorized to receive in22 formation of the type disclosed; or

23 ‘‘(III) an employee of Congress

24 who has the appropriate security
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1 clearance and is authorized to receive

2 information of the type disclosed.’’.

3 (c) COVERED DISCLOSURES.—Section 2302(a)(2) of

4 title 5, United States Code, is amended—

5 (1) in subparagraph (B)(ii), by striking ‘‘and’’

6 at the end;

7 (2) in subparagraph (C)(iii), by striking the pe8 riod at the end and inserting ‘‘; and’’; and

9 (3) by adding at the end the following:

10 ‘‘(D) ‘disclosure’ means a formal or informal

11 communication or transmission, but does not include

12 a communication concerning policy decisions that

13 lawfully exercise discretionary authority unless the

14 employee providing the disclosure reasonably believes

15 that the disclosure evidences—

16 ‘‘(i) any violation of any law, rule, or regu17 lation; or

18 ‘‘(ii) gross mismanagement, a gross waste

19 of funds, an abuse of authority, or a substantial

20 and specific danger to public health or safety.’’.

21 (d) REBUTTABLE PRESUMPTION.—Section 2302(b)

22 of title 5, United States Code, is amended by amending

23 the matter following paragraph (12) to read as follows:

24 ‘‘This subsection shall not be construed to authorize the

25 withholding of information from Congress or the taking
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1 of any personnel action against an employee who discloses

2 information to Congress, except that an employee or appli3 cant may be disciplined for the disclosure of information

4 described in paragraph (8)(C)(i) to a Member or employee

5 of Congress who is not authorized to receive such informa6 tion. For purposes of paragraph (8), any presumption re7 lating to the performance of a duty by an employee who

8 has authority to take, direct others to take, recommend,

9 or approve any personnel action may be rebutted by sub10 stantial evidence. For purposes of paragraph (8), a deter11 mination as to whether an employee or applicant reason12 ably believes that they have disclosed information that evi13 dences any violation of law, rule, regulation, gross mis14 management, a gross waste of funds, an abuse of author15 ity, or a substantial and specific danger to public health

16 or safety shall be made by determining whether a disin17 terested observer with knowledge of the essential facts

18 known to and readily ascertainable by the employee could

19 reasonably conclude that the actions of the Government

20 evidence such violations, mismanagement, waste, abuse, or

21 danger.’’.

22 (e) NONDISCLOSURE POLICIES, FORMS, AND AGREE23 MENTS; SECURITY CLEARANCES; AND RETALIATORY IN24 VESTIGATIONS.—
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1 (1) PERSONNEL ACTION.—Section

2 2302(a)(2)(A) of title 5, United States Code, is

3 amended—

4 (A) in clause (x), by striking ‘‘and’’ after

5 the semicolon; and

6 (B) by redesignating clause (xi) as clause

7 (xiv) and inserting after clause (x) the fol8 lowing:

9 ‘‘(xi) the implementation or enforce10 ment of any nondisclosure policy, form, or

11 agreement;

12 ‘‘(xii) a suspension, revocation, or

13 other determination relating to a security

14 clearance or any other access determina15 tion by a covered agency;

16 ‘‘(xiii) an investigation, other than

17 any ministerial or nondiscretionary fact

18 finding activities necessary for the agency

19 to perform its mission, of an employee or

20 applicant for employment because of any

21 activity protected under this section; and’’

22 (2) PROHIBITED PERSONNEL PRACTICE.—Sec23 tion 2302(b) of title 5, United States Code, is

24 amended—
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1 (A) in paragraph (11), by striking ‘‘or’’ at

2 the end;

3 (B) in paragraph (12), by striking the pe4 riod and inserting a semicolon; and

5 (C) by inserting after paragraph (12) the

6 following:

7 ‘‘(13) implement or enforce any nondisclosure

8 policy, form, or agreement, if such policy, form, or

9 agreement does not contain the following statement:

10 ‘These provisions are consistent with and do not su11 persede, conflict with, or otherwise alter the em12 ployee obligations, rights, or liabilities created by

13 Executive Order No. 12958; section 7211 of title 5,

14 United States Code (governing disclosures to Con15 gress); section 1034 of title 10, United States Code

16 (governing disclosure to Congress by members of the

17 military); section 2302(b)(8) of title 5, United

18 States Code (governing disclosures of illegality,

19 waste, fraud, abuse, or public health or safety

20 threats); the Intelligence Identities Protection Act of

21 1982 (50 U.S.C. 421 et seq.) (governing disclosures

22 that could expose confidential Government agents);

23 and the statutes which protect against disclosures

24 that could compromise national security, including

25 sections 641, 793, 794, 798, and 952 of title 18,
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1 United States Code, and section 4(b) of the Subver2 sive Activities Control Act of 1950 (50 U.S.C.

3 783(b)). The definitions, requirements, obligations,

4 rights, sanctions, and liabilities created by such Ex5 ecutive order and such statutory provisions are in6 corporated into this agreement and are controlling’;

7 or

8 ‘‘(14) conduct, or cause to be conducted, an in9 vestigation, other than any ministerial or nondis10 cretionary fact finding activities necessary for the

11 agency to perform its mission, of an employee or ap12 plicant for employment because of any activity pro13 tected under this section.’’.

14 (3) BOARD AND COURT REVIEW OF ACTIONS

15 RELATING TO SECURITY CLEARANCES.—

16 (A) IN GENERAL.—Chapter 77 of title 5,

17 United States Code, is amended by inserting

18 after section 7702 the following:

19 ‘‘§ 7702a. Actions relating to security clearances

20 ‘‘(a) In any appeal relating to the suspension, revoca21 tion, or other determination relating to a security clear22 ance or access determination, the Merit Systems Protec23 tion Board or any reviewing court—

24 ‘‘(1) shall determine whether paragraph (8) or

25 (9) of section 2302(b) was violated;
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1 ‘‘(2) may not order the President or the des2 ignee of the President to restore a security clearance

3 or otherwise reverse a determination of clearance

4 status or reverse an access determination; and

5 ‘‘(3) subject to paragraph (2), may issue declar6 atory relief and any other appropriate relief.

7 ‘‘(b)(1) If, in any final judgment, the Board or court

8 declares that any suspension, revocation, or other deter9 mination with regard to a security clearance or access de10 termination was made in violation of paragraph (8) or (9)

11 of section 2302(b), the affected agency shall conduct a re12 view of that suspension, revocation, access determination,

13 or other determination, giving great weight to the Board

14 or court judgment.

15 ‘‘(2) Not later than 30 days after any Board or court

16 judgment declaring that a security clearance suspension,

17 revocation, access determination, or other determination

18 was made in violation of paragraph (8) or (9) of section

19 2302(b), the affected agency shall issue an unclassified re20 port to the congressional committees of jurisdiction (with

21 a classified annex if necessary), detailing the cir22 cumstances of the agency’s security clearance suspension,

23 revocation, other determination, or access determination.

24 A report under this paragraph shall include any proposed
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1 agency action with regard to the security clearance or ac2 cess determination.

3 ‘‘(c) An allegation that a security clearance or access

4 determination was revoked or suspended in retaliation for

5 a protected disclosure shall receive expedited review by the

6 Office of Special Counsel, the Merit Systems Protection

7 Board, and any reviewing court.

8 ‘‘(d) For purposes of this section, corrective action

9 may not be ordered if the agency demonstrates by a pre10 ponderance of the evidence that it would have taken the

11 same personnel action in the absence of such disclosure.’’.

12 (B) TECHNICAL AND CONFORMING AMEND13 MENT.—The table of sections for chapter 77 of

14 title 5, United States Code, is amended by in15 serting after the item relating to section 7702

16 the following:

‘‘7702a. Actions relating to security clearances.’’.

17 (f) EXCLUSION OF AGENCIES BY THE PRESIDENT.—

18 Section 2302(a)(2)(C) of title 5, United States Code, is

19 amended by striking clause (ii) and inserting the following:

20 ‘‘(ii)(I) the Federal Bureau of Investiga21 tion, the Central Intelligence Agency, the De22 fense Intelligence Agency, the National Imagery

23 and Mapping Agency, the National Security

24 Agency; and
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1 ‘‘(II) as determined by the President, any

2 executive agency or unit thereof the principal

3 function of which is the conduct of foreign in4 telligence or counterintelligence activities, if the

5 determination (as that determination relates to

6 a personnel action) is made before that per7 sonnel action; or’’.

8 (g) ATTORNEY FEES.—Section 1204(m)(1) of title 5,

9 United States Code, is amended by striking ‘‘agency in10 volved’’ and inserting ‘‘agency where the prevailing party

11 is employed or has applied for employment’’.

12 (h) DISCIPLINARY ACTION.—Section 1215(a)(3) of

13 title 5, United States Code, is amended to read as follows:

14 ‘‘(3)(A) A final order of the Board may

15 impose—

16 ‘‘(i) disciplinary action consisting of re17 moval, reduction in grade, debarment from

18 Federal employment for a period not to exceed

19 5 years, suspension, or reprimand;

20 ‘‘(ii) an assessment of a civil penalty not to

21 exceed $1,000; or

22 ‘‘(iii) any combination of disciplinary ac23 tions described under clause (i) and an assess24 ment described under clause (ii).
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1 ‘‘(B) In any case in which the Board finds that

2 an employee has committed a prohibited personnel

3 practice under paragraph (8) or (9) of section

4 2302(b), the Board shall impose disciplinary action

5 if the Board finds that the activity protected under

6 paragraph (8) or (9) of section 2302(b) was a sig7 nificant motivating factor, even if other factors also

8 motivated the decision, for the employee’s decision to

9 take, fail to take, or threaten to take or fail to take

10 a personnel action, unless that employee dem11 onstrates, by preponderance of evidence, that the

12 employee would have taken, failed to take, or threat13 ened to take or fail to take the same personnel ac14 tion, in the absence of such protected activity.’’.

15 (i) SPECIAL COUNSEL AMICUS CURIAE APPEAR16 ANCE.—Section 1212 of title 5, United States Code, is

17 amended by adding at the end the following:

18 ‘‘(h)(1) The Special Counsel is authorized to appear

19 as amicus curiae in any action brought in a court of the

20 United States related to any civil action brought in con21 nection with section 2302(b) (8) or (9), or subchapter III

22 of chapter 73, or as otherwise authorized by law. In any

23 such action, the Special Counsel is authorized to present

24 the views of the Special Counsel with respect to compli25 ance with section 2302(b) (8) or (9) or subchapter III of
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1 chapter 73 and the impact court decisions would have on

2 the enforcement of such provisions of law.

3 ‘‘(2) A court of the United States shall grant the ap4 plication of the Special Counsel to appear in any such ac5 tion for the purposes described in subsection (a).’’.

6 (j) JUDICIAL REVIEW.—

7 (1) IN GENERAL.—Section 7703(b)(1) of title

8 5, United States Code, is amended to read as fol9 lows:

10 ‘‘(b)(1)(A) Except as provided in subparagraph (B)

11 and paragraph (2), a petition to review a final order or

12 final decision of the Board shall be filed in the United

13 States Court of Appeals for the Federal Circuit. Notwith14 standing any other provision of law, any petition for re15 view must be filed within 60 days after the date the peti16 tioner received notice of the final order or decision of the

17 Board.

18 ‘‘(B) During the 5-year period beginning on the effec19 tive date of the Federal Employee Protection of Disclo20 sures Act, a petition to review a final order or final deci21 sion of the Board in a case alleging a violation of para22 graph (8) or (9) of section 2302(b) shall be filed in the

23 United States Court of Appeals for the Federal Circuit

24 or any court of appeals of competent jurisdiction as pro25 vided under subsection (b)(2).’’.
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1 (2) REVIEW OBTAINED BY OFFICE OF PER2 SONNEL MANAGEMENT.—Section 7703(d) of title 5,

3 United States Code, is amended to read as follows:

4 ‘‘(d)(1) Except as provided under paragraph (2), this

5 paragraph shall apply to any review obtained by the Direc6 tor of the Office of Personnel Management. The Director

7 of the Office of Personnel Management may obtain review

8 of any final order or decision of the Board by filing, within

9 60 days after the date the Director received notice of the

10 final order or decision of the Board, a petition for judicial

11 review in the United States Court of Appeals for the Fed12 eral Circuit if the Director determines, in his discretion,

13 that the Board erred in interpreting a civil service law,

14 rule, or regulation affecting personnel management and

15 that the Board’s decision will have a substantial impact

16 on a civil service law, rule, regulation, or policy directive.

17 If the Director did not intervene in a matter before the

18 Board, the Director may not petition for review of a Board

19 decision under this section unless the Director first peti20 tions the Board for a reconsideration of its decision, and

21 such petition is denied. In addition to the named respond22 ent, the Board and all other parties to the proceedings

23 before the Board shall have the right to appear in the pro24 ceeding before the Court of Appeals. The granting of the
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1 petition for judicial review shall be at the discretion of the

2 Court of Appeals.

3 ‘‘(2) During the 5-year period beginning on the effec4 tive date of the Federal Employee Protection of Disclo5 sures Act, this paragraph shall apply to any review relat6 ing to paragraph (8) or (9) of section 2302(b) obtained

7 by the Director of the Office of Personnel Management.

8 The Director of the Office of Personnel Management may

9 obtain review of any final order or decision of the Board

10 by filing, within 60 days after the date the Director re11 ceived notice of the final order or decision of the Board,

12 a petition for judicial review in the United States Court

13 of Appeals for the Federal Circuit or any court of appeals

14 of competent jurisdiction as provided under subsection

15 (b)(2) if the Director determines, in his discretion, that

16 the Board erred in interpreting paragraph (8) or (9) of

17 section 2302(b). If the Director did not intervene in a

18 matter before the Board, the Director may not petition

19 for review of a Board decision under this section unless

20 the Director first petitions the Board for a reconsideration

21 of its decision, and such petition is denied. In addition

22 to the named respondent, the Board and all other parties

23 to the proceedings before the Board shall have the right

24 to appear in the proceeding before the court of appeals.
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1 The granting of the petition for judicial review shall be

2 at the discretion of the Court of Appeals.’’.

3 (k) NONDISCLOSURE POLICIES, FORMS, AND AGREE4 MENTS.—

5 (1) IN GENERAL.—

6 (A) REQUIREMENT.—Each agreement in

7 Standard Forms 312 and 4414 of the Govern8 ment and any other nondisclosure policy, form,

9 or agreement of the Government shall contain

10 the following statement: ‘‘These restrictions are

11 consistent with and do not supersede, conflict

12 with, or otherwise alter the employee obliga13 tions, rights, or liabilities created by Executive

14 Order No. 12958; section 7211 of title 5,

15 United States Code (governing disclosures to

16 Congress); section 1034 of title 10, United

17 States Code (governing disclosure to Congress

18 by members of the military); section 2302(b)(8)

19 of title 5, United States Code (governing disclo20 sures of illegality, waste, fraud, abuse or public

21 health or safety threats); the Intelligence Iden22 tities Protection Act of 1982 (50 U.S.C. 421 et

23 seq.) (governing disclosures that could expose

24 confidential Government agents); and the stat25 utes which protect against disclosure that may
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1 compromise the national security, including sec2 tions 641, 793, 794, 798, and 952 of title 18,

3 United States Code, and section 4(b) of the

4 Subversive Activities Act of 1950 (50 U.S.C.

5 783(b)). The definitions, requirements, obliga6 tions, rights, sanctions, and liabilities created

7 by such Executive order and such statutory

8 provisions are incorporated into this agreement

9 and are controlling.’’.

10 (B) ENFORCEABILITY.—Any nondisclosure

11 policy, form, or agreement described under sub12 paragraph (A) that does not contain the state13 ment required under subparagraph (A) may not

14 be implemented or enforced to the extent such

15 policy, form, or agreement is inconsistent with

16 that statement.

17 (2) PERSONS OTHER THAN GOVERNMENT EM18 PLOYEES.—Notwithstanding paragraph (1), a non19 disclosure policy, form, or agreement that is to be

20 executed by a person connected with the conduct of

21 an intelligence or intelligence-related activity, other

22 than an employee or officer of the United States

23 Government, may contain provisions appropriate to

24 the particular activity for which such document is to

25 be used. Such form or agreement shall, at a min-
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1 imum, require that the person will not disclose any

2 classified information received in the course of such

3 activity unless specifically authorized to do so by the

4 United States Government. Such nondisclosure

5 forms shall also make it clear that such forms do

6 not bar disclosures to Congress or to an authorized

7 official of an executive agency or the Department of

8 Justice that are essential to reporting a substantial

9 violation of law.

10 (l) CLARIFICATION OF WHISTLEBLOWER RIGHTS

11 FOR CRITICAL INFRASTRUCTURE INFORMATION.—Section

12 214(c) of the Homeland Security Act of 2002 (6 U.S.C.

13 133(c)) is amended by adding at the end the following:

14 ‘‘For purposes of this section a permissible use of inde15 pendently obtained information includes the disclosure of

16 such information under section 2302(b)(8) of title 5,

17 United States Code.’’.

18 (m) ADVISING EMPLOYEES OF RIGHTS.—Section

19 2302(c) of title 5, United States Code, is amended by in20 serting ‘‘, including how to make a lawful disclosure of

21 information that is specifically required by law or Execu22 tive order to be kept secret in the interest of national de23 fense or the conduct of foreign affairs to the Special Coun24 sel, the Inspector General of an agency, Congress, or other
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1 agency employee designated to receive such disclosures’’

2 after ‘‘chapter 12 of this title’’.

3 (n) SCOPE OF DUE PROCESS.—

4 (1) SPECIAL COUNSEL.—Section

5 1214(b)(4)(B)(ii) of title 5, United States Code, is

6 amended by inserting ‘‘, after a finding that a pro7 tected disclosure was a contributing factor,’’ after

8 ‘‘ordered if’’.

9 (2) INDIVIDUAL ACTION.—Section 1221(e)(2)

10 of title 5, United States Code, is amended by insert11 ing ‘‘, after a finding that a protected disclosure was

12 a contributing factor,’’ after ‘‘ordered if’’.

13 (o) EFFECTIVE DATE.—This Act shall take effect 30

14 days after the date of enactment of this Act.

15 SEC. 1090. SENSE OF CONGRESS REGARDING THE MEN AND

16 WOMEN OF THE ARMED FORCES OF THE

17 UNITED STATES IN IRAQ.

18 (a) FINDINGS.—Congress makes the following find19 ings:

20 (1) In 2003, members of the Armed Forces of

21 the United States successfully liberated the people of

22 Iraq from the tyrannical regime of Saddam Hussein.

23 (2) Members of the Armed Forces of the

24 United States have bravely risked their lives every25 day over the last 3 years to protect the people of
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1 Iraq from terror attacks by Al Qaeda and other ex2 tremist organizations.

3 (3) Members of the Armed Forces of the

4 United States have conducted dozens of operations

5 with coalition forces to track, apprehend, and elimi6 nate terrorists in Iraq.

7 (4) Members of the Armed Forces of the

8 United States have helped sustain political progress

9 in Iraq by assisting the people of Iraq as they exer10 cised their right to choose their leaders and draft

11 their own constitution.

12 (5) Members of the Armed Forces of the

13 United States have taught over 150,000 soldiers of

14 Iraq to respect civilian authority, conduct counter-in15 surgency operations, provide meaningful security,

16 and protect the people of Iraq from terror attacks.

17 (6) Members of the Armed Forces of the

18 United States have built new schools, hospitals, and

19 public works throughout Iraq.

20 (7) Members of the Armed Forces of the

21 United States have helped rebuild Iraq’s dilapidated

22 energy sector.

23 (8) Members of the Armed Forces of the

24 United States have restored electrical power and

25 sewage waste treatment for the people of Iraq.
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1 (9) Members of the Armed Forces of the

2 United States have established lasting and produc3 tive relationships with local leaders in Iraq and se4 cured the support of a majority of the populace of

5 Iraq.

6 (10) Members of the Armed Forces of the

7 United States have courageously endured sophisti8 cated terror tactics, including deadly car-bombs,

9 sniper attacks, and improvised explosive devices.

10 (11) Members of the Armed Forces of the

11 United States have paid a high cost in order to de12 feat the terrorists, defend innocent civilians, and

13 protect democracy from those who desire the return

14 of oppression and extremism to Iraq.

15 (12) Members of the Armed Forces of the

16 United States have performed their duty in Iraq

17 with an unflagging commitment to the highest ideals

18 and traditions of the United States and the Armed

19 Forces.

20 (b) SENSE OF CONGRESS.—It is the sense of Con21 gress that—

22 (1) the men and women in uniform of the

23 Armed Forces of the United States in Iraq should

24 be commended for their on-going service to the

25 United States, their commitment to the ideals of the
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1 United States, and their determination to win the

2 Global War on Terrorism;

3 (2) gratitude should be expressed to the fami4 lies of the Armed Forces of the United States, espe5 cially those families who have lost loved ones in

6 Operational Iraqi Freedom; and

7 (3) the people of the United States should

8 honor those who have paid the ultimate sacrifice and

9 assist those families who have loved ones in the

10 Armed Forces of the United States deployed over11 seas.

12 SEC. 1091. EXTENSION OF RETURNING WORKER EXEMP13 TION.

14 Section 402(b)(1) of the Save Our Small and Sea15 sonal Businesses Act of 2005 (title IV of division B of

16 Public Law 109–13; 8 U.S.C. 1184 note) is amended by

17 striking ‘‘2006’’ and inserting ‘‘2008’’.

18 SEC. 1092. LIMITATION ON THE UNITED STATES SHARE OF

19 ASSESSMENTS FOR UNITED NATIONS PEACE20 KEEPING OPERATIONS.

21 (a) IN GENERAL.—Section 404(b)(2)(B) of the For22 eign Relations Authorization Act, Fiscal Years 1994 and

23 1995 (22 U.S.C. 287e note) is amended by adding at the

24 end the following:
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1 ‘‘(v) For assessments made during

2 calendar years 2005, 2006, and 2007,

3 27.10 percent.’’.

4 (b) CONFORMING AMENDMENT.—Section 411 of the

5 Department of State and Related Agency Appropriations

6 Act, 2005 (title IV of division B of Public Law 108–447;

7 22 U.S.C. 287e note) is repealed.

8 SEC. 1093. TERMINATION OF PROGRAM.

9 Section 711(c) of the Small Business Competitive

10 Demonstration Program Act of 1988 (15 U.S.C. 644 note)

11 is amended by inserting after ‘‘January 1, 1989’’ the fol12 lowing: ‘‘, and shall terminate on the date of enactment

13 of the National Defense Authorization Act for Fiscal Year

14 2007’’.

15 SEC. 1094. PATENT TERM EXTENSIONS FOR THE BADGES

16 OF THE AMERICAN LEGION, THE AMERICAN

17 LEGION WOMEN’S AUXILIARY, AND THE SONS

18 OF THE AMERICAN LEGION.

19 (a) PATENT TERM EXTENSION FOR THE BADGE OF

20 THE AMERICAN LEGION.—The term of a certain design

21 patent numbered 54,296 (for the badge of the American

22 Legion) is renewed and extended for a period of 14 years

23 beginning on the date of enactment of this Act, with all

24 the rights and privileges pertaining to such patent.
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1 (b) PATENT TERM EXTENSION FOR THE BADGE OF

2 THE AMERICAN LEGION WOMEN’S AUXILIARY.—The

3 term of a certain design patent numbered 55,398 (for the

4 badge of the American Legion Women’s Auxiliary) is re5 newed and extended for a period of 14 years beginning

6 on the date of enactment of this Act, with all the rights

7 and privileges pertaining to such patent.

8 (c) PATENT TERM EXTENSION FOR THE BADGE OF

9 THE SONS OF THE AMERICAN LEGION.—The term of a

10 certain design patent numbered 92,187 (for the badge of

11 the Sons of the American Legion) is renewed and extended

12 for a period of 14 years beginning on the date of enact13 ment of this Act, with all the rights and privileges per14 taining to such patent.

15 SEC. 1095. AVAILABILITY OF FUNDS FOR SOUTH COUNTY

16 COMMUTER RAIL PROJECT, PROVIDENCE,

17 RHODE ISLAND.

18 Funds available for the South County Commuter Rail

19 project, Providence, Rhode Island, authorized by para20 graphs (34) and (35) of section 3034(d) of the Safe, Ac21 countable, Flexible, Efficient Transportation Equity Act:

22 A Legacy for Users (Public Law 109–59; 119 Stat. 1650)

23 shall be available for the purchase of commuter rail equip24 ment for the South County Commuter Rail project upon

25 the receipt by the Rhode Island Department of Transpor-
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1 tation of an approved environmental assessment for the

2 South County Commuter Rail project.

3 SEC. 1096. SENSE OF CONGRESS ON IRAQ SUMMIT.

4 SENSE OF CONGRESS.—It is the sense of Congress

5 that the President should convene a summit as soon as

6 possible that includes the leaders of the Government of

7 Iraq, leaders of the governments of each country bordering

8 Iraq, representatives of the Arab League, the Secretary

9 General of the North Atlantic Treaty Organization, rep10 resentatives of the European Union, and leaders of the

11 governments of each permanent member of the United

12 Nations Security Council, for the purpose of reaching a

13 comprehensive political agreement for Iraq that addresses

14 fundamental issues including federalism, oil revenues, the

15 militias, security guarantees, reconstruction, economic as16 sistance, and border security.

17 TITLE XI—DEPARTMENT OF DE18 FENSE CIVILIAN PERSONNEL

19 POLICY

20 SEC. 1101. ACCRUAL OF ANNUAL LEAVE FOR MEMBERS OF

21 THE UNIFORMED SERVICES ON TERMINAL

22 LEAVE PERFORMING DUAL EMPLOYMENT.

23 Section 5534a of title 5, United States Code, is

24 amended by adding at the end the following new sentence:

25 ‘‘Such a member is also entitled to accrue annual leave
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1 with pay in the manner specified in section 6303(a) of this

2 title for a retired member of the uniformed services.’’.

3 SEC. 1102. STRATEGY FOR IMPROVING THE SENIOR MAN4 AGEMENT, FUNCTIONAL, AND TECHNICAL

5 WORKFORCE OF THE DEPARTMENT OF DE6 FENSE.

7 (a) INCLUSION IN 2007 STRATEGIC HUMAN CAPITAL

8 PLAN.—The Secretary of Defense shall include in the

9 March 1, 2007, Strategic Human Capital Plan required

10 by section 1122(c) of the National Defense Authorization

11 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat.

12 3453; 10 U.S.C. prec. 1580 note) a strategic plan to shape

13 and improve the senior management, functional, and tech14 nical workforce (including scientists and engineers) of the

15 Department of Defense.

16 (b) SCOPE OF PLAN.—The strategic plan required by

17 subsection (a) shall cover, at a minimum, the following

18 categories of Department of Defense civilian personnel:

19 (1) Appointees in the senior executive service

20 under section 3131 of title 5, United States Code.

21 (2) Persons serving in positions described in

22 section 5376(a) of title 5, United States Code.

23 (3) Highly qualified experts appointed pursuant

24 to section 9903 of title 5, United States Code.
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1 (4) Scientists and engineers appointed pursuant

2 to section 342(b) of the National Defense Authoriza3 tion Act for Fiscal Year 1995 (Public Law 103–337;

4 108 Stat. 2721), as amended by section 1114 of the

5 Floyd D. Spence National Defense Authorization

6 Act for Fiscal Year 2001 (as enacted into by law by

7 Public Law 106–398 (114 Stat. 1654A–315)).

8 (5) Scientists and engineers appointed pursuant

9 to section 1101 of the Strom Thurmond National

10 Defense Authorization Act for Fiscal Year 1999 (5

11 U.S.C. 3104 note).

12 (6) Persons serving in the Defense Intelligence

13 Senior Executive Service under section 1606 of title

14 10, United States Code.

15 (7) Persons serving in Intelligence Senior Level

16 positions under section 1607 of title 10, United

17 States Code.

18 (c) CONTENTS OF PLAN.—The strategic plan re19 quired by subsection (a) shall include—

20 (1) an assessment of—

21 (A) the needs of the Department of De22 fense for senior management, functional, and

23 technical personnel (including scientists and en24 gineers) in light of recent trends and projected

25 changes in the mission and organization of the
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1 Department and in light of staff support needed

2 to accomplish that mission;

3 (B) the capability of the existing civilian

4 employee workforce of the Department to meet

5 requirements relating to the mission of the De6 partment, including the impact on that capa7 bility of projected trends in the senior manage8 ment, functional, and technical personnel work9 force of the Department based on expected

10 losses due to retirement and other attrition; and

11 (C) gaps in the existing or projected civil12 ian employee workforce of the Department that

13 should be addressed to ensure that the Depart14 ment has continued access to the senior man15 agement, functional, and technical personnel

16 (including scientists and engineers) it needs;

17 and

18 (2) a plan of action for developing and reshap19 ing the senior management, functional, and technical

20 workforce of the Department to address the gaps

21 identified under paragraph (1)(C), including—

22 (A) any legislative or administrative action

23 that may be needed to adjust the requirements

24 applicable to any category of civilian personnel

25 identified in subsection (b) or to establish a new
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1 category of senior management or technical per2 sonnel;

3 (B) any changes in the number of per4 sonnel authorized in any category of personnel

5 identified in subsection (b) that may be needed

6 to address such gaps and effectively meet the

7 needs of the Department;

8 (C) any changes in the rates or methods of

9 pay for any category of personnel identified in

10 subsection (b) that may be needed to address

11 inequities and ensure that the Department has

12 full access to appropriately qualified personnel

13 to address such gaps and meet the needs of the

14 Department;

15 (D) specific recruiting and retention goals,

16 including the program objectives of the Depart17 ment to be achieved through such goals;

18 (E) specific strategies for development,

19 training, deploying, compensating, motivating,

20 and designing career paths and career opportu21 nities for the senior management, functional,

22 and technical workforce of the Department, in23 cluding the program objectives of the Depart24 ment to be achieved through such strategies;

25 and
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1 (F) specific steps that the Department has

2 taken or plans to take to ensure that the senior

3 management, functional, and technical work4 force of the Department is managed in compli5 ance with the requirements of section 129 of

6 title 10, United States Code.

7 SEC. 1103. AUTHORITY TO EQUALIZE ALLOWANCES, BENE8 FITS, AND GRATUITIES OF PERSONNEL ON

9 OFFICIAL DUTY IN IRAQ AND AFGHANISTAN.

10 (a) FINDINGS.—Congress makes the following find11 ings:

12 (1) As part of the United States effort to bring

13 democracy and freedom to Iraq and Afghanistan,

14 employees of a broad range of Federal agencies are

15 needed to serve in those countries, furnishing exper16 tise to their counterpart agencies in the Government

17 of Iraq and the Government of Afghanistan.

18 (2) While the heads of a number of Federal

19 agencies already possess authority to provide to their

20 personnel on official duty abroad allowances, bene21 fits, and death gratuities comparable to those pro22 vided by the Secretary of State to similarly-situated

23 Foreign Service personnel on official duty abroad,

24 other agency heads do not possess such authority.
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1 (3) In order to assist the United States Govern2 ment in recruiting personnel to serve in Iraq and Af3 ghanistan, and to avoid inequities in allowances,

4 benefits, and death gratuities among similarly-situ5 ated United States Government civilian personnel on

6 official duty in these countries, it is essential that

7 the heads of all agencies that have personnel on offi8 cial duty in Iraq and Afghanistan have the same

9 basic authority with respect to allowances, benefits,

10 and death gratuities for such personnel.

11 (b) IN GENERAL.—During any fiscal year, the head

12 of an agency may, in the agency head’s discretion, provide

13 to an individual employed by, or assigned or detailed to,

14 such agency allowances, benefits, and gratuities com15 parable to those provided by the Secretary of State to

16 members of the Foreign Service under section 413 and

17 chapter 9 of title I of the Foreign Service Act of 1980

18 (22 U.S.C. 3973; 4081 et seq.), if such individual is on

19 official duty in Iraq or Afghanistan.

20 (c) CONSTRUCTION.—Nothing in this section shall be

21 construed to impair or otherwise affect the authority of

22 the head of an agency under any other provision of law.
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1 SEC. 1104. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS

2 FOR FAMILY MEMBERS OF INDIVIDUALS PER3 FORMING CERTAIN MILITARY SERVICE.

4 (a) FEDERAL EMPLOYEES PROGRAM.—

5 (1) DEFINITIONS.—In this subsection:

6 (A) CAREGIVER.—The term ‘‘caregiver’’

7 means an individual who—

8 (i) is an employee;

9 (ii) is at least 21 years of age; and

10 (iii) is capable of self care and care of

11 children or other dependent family mem12 bers of a qualified member of the Armed

13 Forces.

14 (B) COVERED PERIOD OF SERVICE.—The

15 term ‘‘covered period of service’’ means any pe16 riod of service performed by an employee as a

17 caregiver while the individual who designated

18 the caregiver under paragraph (3) remains a

19 qualified member of the Armed Forces.

20 (C) EMPLOYEE.—The term ‘‘employee’’

21 has the meaning given under section 6331 of

22 title 5, United States Code.

23 (D) FAMILY MEMBER.—The term ‘‘family

24 member’’ includes—

25 (i) individuals for whom the qualified

26 member of the Armed Forces provides
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1 medical, financial, and logistical support

2 (such as housing, food, clothing, or trans3 portation); and

4 (ii) children under the age of 19

5 years, elderly adults, persons with disabil6 ities, and other persons who are unable to

7 care for themselves in the absence of the

8 qualified member of the Armed Forces.

9 (E) QUALIFIED MEMBER OF THE ARMED

10 FORCES.—The term ‘‘qualified member of the

11 Armed Forces’’ means—

12 (i) a member of a reserve component

13 of the Armed Forces as described under

14 section 10101 of title 10, United States

15 Code, who has received notice to report to,

16 or is serving on, active duty in the Armed

17 Forces in support of a contingency oper18 ation as defined under section 101(a)(13)

19 of title 10, United States Code; or

20 (ii) a member of the Armed Forces on

21 active duty who is eligible for hostile fire

22 or imminent danger special pay under sec23 tion 310 of title 37, United States Code.
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1 (2) ESTABLISHMENT OF PROGRAM.—The Office

2 of Personnel Management shall establish a program

3 to authorize a caregiver to—

4 (A) use any sick leave of that caregiver

5 during a covered period of service in the same

6 manner and to the same extent as annual leave

7 is used; and

8 (B) use any leave available to that care9 giver under subchapter III or IV of chapter 63

10 of title 5, United States Code, during a covered

11 period of service as though that covered period

12 of service is a medical emergency.

13 (3) DESIGNATION OF CAREGIVER.—

14 (A) IN GENERAL.—A qualified member of

15 the Armed Forces shall submit a written des16 ignation of the individual who is the caregiver

17 for any family member of that member of the

18 Armed Forces during a covered period of serv19 ice to the employing agency and the Office of

20 Personnel Management.

21 (B) DESIGNATION OF SPOUSE.—Notwith22 standing paragraph (1)(A)(ii), an individual

23 less than 21 years of age may be designated as

24 a caregiver if that individual is the spouse of
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1 the qualified member of the Armed Forces mak2 ing the designation.

3 (4) USE OF CAREGIVER LEAVE.—Leave may

4 only be used under this subsection for purposes di5 rectly relating to, or resulting from, the designation

6 of an employee as a caregiver.

7 (5) REGULATIONS.—Not later than 120 days

8 after the date of enactment of this Act, the Office

9 of Personnel Management shall prescribe regulations

10 to carry out this subsection.

11 (6) TERMINATION.—The program under this

12 subsection shall terminate on December 31, 2007.

13 (b) VOLUNTARY PRIVATE SECTOR LEAVE PRO14 GRAM.—

15 (1) DEFINITIONS.—

16 (A) CAREGIVER.—The term ‘‘caregiver’’

17 means an individual who—

18 (i) is an employee;

19 (ii) is at least 21 years of age; and

20 (iii) is capable of self care and care of

21 children or other dependent family mem22 bers of a qualified member of the Armed

23 Forces.

24 (B) COVERED PERIOD OF SERVICE.—The

25 term ‘‘covered period of service’’ means any pe-
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1 riod of service performed by an employee as a

2 caregiver while the individual who designated

3 the caregiver under paragraph (4) remains a

4 qualified member of the Armed Forces.

5 (C) EMPLOYEE.—The term ‘‘employee’’

6 means an employee of a business entity partici7 pating in the program under this subsection.

8 (D) FAMILY MEMBER.—The term ‘‘family

9 member’’ includes—

10 (i) individuals for whom the qualified

11 member of the Armed Forces provides

12 medical, financial, and logistical support

13 (such as housing, food, clothing, or trans14 portation); and

15 (ii) children under the age of 19

16 years, elderly adults, persons with disabil17 ities, and other persons who are unable to

18 care for themselves in the absence of the

19 qualified member of the Armed Forces.

20 (E) QUALIFIED MEMBER OF THE ARMED

21 FORCES.—The term ‘‘qualified member of the

22 Armed Forces’’ means—

23 (i) a member of a reserve component

24 of the Armed Forces as described under

25 section 10101 of title 10, United States
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1 Code, who has received notice to report to,

2 or is serving on, active duty in the Armed

3 Forces in support of a contingency oper4 ation as defined under section 101(a)(13)

5 of title 10, United States Code; or

6 (ii) a member of the Armed Forces on

7 active duty who is eligible for hostile fire

8 or imminent danger special pay under sec9 tion 310 of title 37, United States Code.

10 (2) ESTABLISHMENT OF PROGRAM.—

11 (A) IN GENERAL.—The Secretary of Labor

12 may establish a program to authorize employees

13 of business entities described under paragraph

14 (3) to use sick leave, or any other leave avail15 able to an employee, during a covered period of

16 service in the same manner and to the same ex17 tent as annual leave (or its equivalent) is used.

18 (B) EXCEPTION.—Subparagraph (A) shall

19 not apply to leave made available under the

20 Family and Medical Leave Act of 1993 (29

21 U.S.C. 2601 et seq.).

22 (3) VOLUNTARY BUSINESS PARTICIPATION.—

23 The Secretary of Labor may solicit business entities

24 to voluntarily participate in the program under this

25 subsection.
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1 (4) DESIGNATION OF CAREGIVER.—

2 (A) IN GENERAL.—A qualified member of

3 the Armed Forces shall submit a written des4 ignation of the individual who is the caregiver

5 for any family member of that member of the

6 Armed Forces during a covered period of serv7 ice to the employing business entity.

8 (B) DESIGNATION OF SPOUSE.—Notwith9 standing paragraph (1)(A)(ii), an individual

10 less than 21 years of age may be designated as

11 a caregiver if that individual is the spouse of

12 the qualified member of the Armed Forces mak13 ing the designation.

14 (5) USE OF CAREGIVER LEAVE.—Leave may

15 only be used under this subsection for purposes di16 rectly relating to, or resulting from, the designation

17 of an employee as a caregiver.

18 (6) REGULATIONS.—Not later than 120 days

19 after the date of enactment of this Act, the Sec20 retary of Labor may prescribe regulations to carry

21 out this subsection.

22 (7) TERMINATION.—The program under this

23 subsection shall terminate on December 31, 2007.

24 (c) GAO REPORT.—Not later than June 30, 2007,

25 the Government Accountability Office shall submit a re-
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1 port to Congress on the programs under subsections (a)

2 and (b) that includes—

3 (1) an evaluation of the success of each pro4 gram; and

5 (2) recommendations for the continuance or

6 termination of each program.

7 SEC. 1105. THREE-YEAR EXTENSION OF AUTHORITY FOR

8 EXPERIMENTAL PERSONNEL MANAGEMENT

9 PROGRAM FOR SCIENTIFIC AND TECHNICAL

10 PERSONNEL.

11 Section 1101(e)(1) of the Strom Thurmond National

12 Defense Authorization Act for Fiscal Year 1999 (5 U.S.C.

13 3104 note) is amended by striking ‘‘September 30, 2008’’

14 and inserting ‘‘September 30, 2011’’.

15 TITLE XII—MATTERS RELATING

16 TO OTHER NATIONS

17 Subtitle A—General Matters

18 SEC. 1201. EXPANSION OF HUMANITARIAN AND CIVIC AS19 SISTANCE TO INCLUDE COMMUNICATIONS

20 AND INFORMATION CAPACITY.

21 Section 401 of title 10, United States Code, as

22 amended—

23 (1) in subsection (c)—
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1 (A) by redesignating paragraphs (2), (3),

2 and (4) as paragraphs (3), (4), and (5), respec3 tively;

4 (B) by inserting after paragraph (1) end

5 the following new paragraph (2):

6 ‘‘(2) Expenses covered by paragraph (1) include com7 munications or information systems equipment or supplies

8 incurred in providing assistance described in subsection

9 (e)(4).’’; and

10 (C) in paragraph (4), as redesignated by

11 subparagraph (A) of this paragraph, by striking

12 ‘‘paragraph (2)(B)’’ and inserting ‘‘paragraph

13 (3)(B)’’; and

14 (2) in subsection (e)(4), by inserting before the

15 period the following: ‘‘, including information and

16 communications technology facilities’’.

17 SEC. 1202. MODIFICATION OF AUTHORITIES RELATING TO

18 THE REGIONAL DEFENSE

19 COUNTERTERRORISM FELLOWSHIP PRO20 GRAM.

21 (a) REDESIGNATION OF PROGRAM AS REGIONAL DE22 FENSE COMBATTING TERRORISM FELLOWSHIP PRO23 GRAM.—Section 2249c of title 10, United States Code, is

24 amended in subsections (a) and (c)(3), by striking
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1 ‘‘Counterterrorism’’ and inserting ‘‘Combatting Ter2 rorism’’.

3 (b) AVAILABILITY OF FUNDS.—

4 (1) IN GENERAL.—Subsection (a) of such sec5 tion is further amended by striking ‘‘the attendance’’

6 and all that follows through ‘‘military educational in7 stitutions’’ and inserting ‘‘the education and training

8 of foreign military officers and other foreign officials

9 at military or civilian educational institutions’’.

10 (2) INCREASE IN AMOUNT AVAILABLE.—Sub11 section (b) of such section is amended by striking

12 ‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’.

13 (3) AVAILABILITY OF AMOUNTS ACROSS FISCAL

14 YEARS.—Subsection (b) of such section is further

15 amended by adding at the end the following new

16 sentence: ‘‘Amounts available under the authority in

17 subsection (a) for a fiscal year may be used for pro18 grams that begin in such fiscal year but end in the

19 next fiscal year.’’.

20 (c) CONFORMING AND CLERICAL AMENDMENTS.—

21 (1) CONFORMING AMENDMENT.—The heading

22 of such section is amended to read as follows:
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1 ‘‘§ 2249c. Authority to use appropriated funds for

2 education and training of foreign visitors

3 under Regional Defense Combatting Ter4 rorism Fellowship Program’’.

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of subchapter I of chapter

7 134 of such title is amended by striking the item re8 lating to section 2249c and insert the following new

9 item:

‘‘2249c. Authority to use appropriated funds for education and training of foreign visitors under Regional Defense Combatting Terrorism

Fellowship Program.’’.

10 SEC. 1203. LOGISTIC SUPPORT OF ALLIED FORCES FOR

11 COMBINED OPERATIONS.

12 (a) AUTHORITY TO USE FUNDS TO PROVIDE SUP13 PORT.—

14 (1) IN GENERAL.—Subchapter I of chapter 134

15 of title 10, United States Code, is amended by in16 serting after section 2249c the following new section:

17 ‘‘§ 2249d. Authority to use appropriated funds for lo18 gistic support of allied forces for com19 bined operations

20 ‘‘(a) AUTHORITY TO USE FUNDS.—Subject to sub21 sections (b) and (c), funds appropriated to the Depart22 ment of Defense for operation and maintenance may be

23 used by the Secretary of Defense, with the concurrence

24 of the Secretary of State, to provide logistic support, sup-
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1 plies, and services to allied forces participating in com2 bined operations with the armed forces of the United

3 States.

4 ‘‘(b) LIMITATION RELATING TO COMBINED OPER5 ATIONS.—The authority in subsection (a) to provide logis6 tic support, supplies, and services may be exercised only—

7 ‘‘(1) with respect to combined operations during

8 a period of active hostilities, a contingency oper9 ation, or a noncombat operation (including an oper10 ation in support of the provision of humanitarian or

11 foreign disaster assistance, country stabilization op12 erations, or peacekeeping operations under chapter

13 VI or VII of the Charter of the United Nations);

14 and

15 ‘‘(2) in circumstances in which the Secretary of

16 Defense determines that the allied forces to be pro17 vided such logistic support, supplies, and services—

18 ‘‘(A) are essential to the success of such

19 combined operations; and

20 ‘‘(B) would not be able to participate in

21 such combined operations but for the provision

22 of such logistic support, supplies, and services.

23 ‘‘(c) LIMITATIONS RELATING TO AMOUNT.—(1) Ex24 cept as provided in paragraph (2), the amount of logistic
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1 support, supplies, and services provided under subsection

2 (a) in any fiscal year may not exceed $100,000,000.

3 ‘‘(2) In any fiscal year, in addition to any logistic

4 support, supplies, and services provided under subsection

5 (a) that are covered by paragraph (1), logistic support,

6 supplies, and services in the amount of $5,000,000 may

7 be provided under that subsection if such support, sup8 plies, and services are solely for purposes of enhancing the

9 interoperability of the logistical support systems of allied

10 forces with the logistical support systems of the armed

11 forces of the United States in order to facilitate combined

12 operations.

13 ‘‘(d) ANNUAL REPORT.—Not later than December 31

14 each year, the Secretary of Defense, in coordination with

15 the Secretary of State, shall submit to the appropriate

16 committees of Congress a report on the use of the author17 ity in subsection (a) during the preceding fiscal year. Each

18 report shall include, for the fiscal year covered by such

19 report, the following:

20 ‘‘(1) Each nation provided logistic support, sup21 plies, and services.

22 ‘‘(2) For each such nation, a description of the

23 type and value of logistic support, supplies, and

24 services so provided.

25 ‘‘(e) DEFINITIONS.—In this section:
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1 ‘‘(1) The term ‘appropriate committees of Con2 gress’ means—

3 ‘‘(A) the Committees on Armed Services

4 and Foreign Relations of the Senate; and

5 ‘‘(B) the Committees on Armed Services

6 and International Relations of the House of

7 Representatives.

8 ‘‘(2) The term ‘logistic support, supplies, and

9 services’ has the meaning given such term in section

10 2350(1) of this title and includes sealift.’’.

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of subchapter I of such chap13 ter is amended by inserting after the item relating

14 to section 2249c the following new item:

‘‘2249d. Authority to use appropriated funds for logistic support of allied forces

for combined operations.’’.

15 (b) EFFECTIVE DATE.—The amendments made by

16 this section shall take effect on October 1, 2006, and shall

17 apply with respect to fiscal years beginning on or after

18 that date.
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1 SEC. 1204. EXCLUSION OF PETROLEUM, OIL, AND LUBRI2 CANTS FROM LIMITATIONS ON AMOUNT OF

3 LIABILITIES THE UNITED STATES MAY AC4 CRUE UNDER ACQUISITION AND CROSS5 SERVICING AGREEMENTS.

6 (a) EXCLUSION.—Section 2347 of title 10, United

7 States Code, is amended by adding at the end the fol8 lowing new subsection:

9 ‘‘(d) The limitations in this section on the amount

10 of reimbursable liabilities or reimbursable credits that the

11 United States may accrue under this subchapter shall not

12 apply with respect to the sale, purchase, or exchange of

13 petroleum, oils, or lubricants.’’.

14 (b) CONFORMING AMENDMENTS.—Paragraphs (1)

15 and (2) of subsection (a) of such section are each amended

16 by striking ‘‘(other than petroleum, oils, and lubricants)’’.

17 SEC. 1205. TEMPORARY AUTHORITY TO USE ACQUISITION

18 AND CROSS-SERVICING AGREEMENTS TO

19 LOAN SIGNIFICANT MILITARY EQUIPMENT

20 TO FOREIGN FORCES IN IRAQ AND AFGHANI21 STAN FOR PERSONNEL PROTECTION AND

22 SURVIVABILITY.

23 (a) AUTHORITY.—

24 (1) IN GENERAL.—Subject to paragraphs (2)

25 and (3), the Secretary of Defense may treat signifi26 cant military equipment as logistic support, supplies,
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1 and services under subchapter I of chapter 138 of

2 title 10, United States Code, for purposes of pro3 viding for the use of such equipment by military

4 forces of nations participating in combined oper5 ations with United States Forces in Iraq and Af6 ghanistan if the Secretary, with the concurrence of

7 the Secretary of State, determines in writing that it

8 is in the national security interests of the United

9 States to provide for the use of such equipment in

10 such manner.

11 (2) LIMITATION ON DURATION OF PROVI12 SION.—Equipment may be used by foreign military

13 forces under this subsection for not longer than one

14 year.

15 (3) LIMITATION ON USE.—Equipment may be

16 used by foreign military forces under this subsection

17 solely for personnel protection or to aid in the per18 sonnel survivability of such forces.

19 (b) SEMIANNUAL REPORTS.—

20 (1) REPORTS REQUIRED.—The Secretary of

21 Defense shall, in coordination with the Secretary of

22 State, submit to the appropriate committees of Con23 gress a report on the exercise of the authority in

24 subsection (a) as follows:
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1 (A) If the authority is exercised during the

2 first six-month period of a fiscal year, not later

3 than 30 days after such period.

4 (B) If the authority is exercised during the

5 second six-month period of a fiscal year, not

6 later than 30 days after such period.

7 (2) ELEMENTS.—Each report under paragraph

8 (1) shall include, for each exercise of authority

9 under subsection (a) during the period covered by

10 such report, the following:

11 (A) A copy of the written determination

12 under subsection (a) with respect to the exer13 cise of such authority.

14 (B) A statement of each recipient of equip15 ment under the exercise of such authority.

16 (C) A description of the type, quantity,

17 and value of the equipment supplied to each

18 such recipient, and a description of the terms

19 and duration of the supply of the equipment to

20 such recipient.

21 (c) CONSTRUCTION WITH LIMITATIONS ON TRANS22 FER OF MILITARY EQUIPMENT.—The provision of signifi23 cant military equipment for use under this section shall

24 be subject to the provisions of the Arms Export Control

25 Act (22 U.S.C. 2751 et seq.) and of any other export con-
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1 trol regime under law relating to the transfer of military

2 technology to foreign nations.

3 (d) DEFINITIONS.—In this section:

4 (1) The term ‘‘appropriate committees of Con5 gress’’ means—

6 (A) the Committees on Armed Services

7 and Foreign Relations of the Senate; and

8 (B) the Committees on Armed Services

9 and International Relations of the House of

10 Representatives.

11 (2) The term ‘‘significant military equipment’’

12 means items designated as significant military

13 equipment on the United States Munitions List

14 under section 38(a)(1) of the Arms Export Control

15 Act (22 U.S.C. 2778(a)(1)).

16 (e) EXPIRATION.—The authority in subsection (a)

17 shall expire on September 30, 2008.

18 SEC. 1206. MODIFICATION OF AUTHORITIES RELATING TO

19 THE BUILDING OF THE CAPACITY OF FOR20 EIGN MILITARY FORCES.

21 (a) FUNDS AVAILABLE FOR PRESIDENTIAL PRO22 GRAM.—Subsection (c) of section 1206 of the National

23 Defense Authorization Act for Fiscal Year 2006 (Public

24 Law 109–163; 119 Stat. 3456) is amended by striking

25 ‘‘defense-wide’’.
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1 (b) LIMITED AUTHORITY TO RESPOND TO UNAN2 TICIPATED CHANGES IN SECURITY ENVIRONMENT.—Such

3 section is further amended—

4 (1) by redesignating subsections (f) and (g) as

5 subsections (h) and (i), respectively; and

6 (2) by inserting after subsection (e) the fol7 lowing new subsection (f):

8 ‘‘(f) COMBATANT COMMANDER AUTHORITY TO RE9 SPOND TO UNANTICIPATED CHANGES IN SECURITY ENVI10 RONMENT.—

11 ‘‘(1) IN GENERAL.—During fiscal years 2007

12 and 2008, the Secretary of Defense may, with the

13 concurrence of the Secretary of State, authorize any

14 commander of a geographic combatant command to

15 respond to unanticipated changes in a security envi16 ronment within the area of responsibility of such

17 commander by conducting a program to build the

18 capacity of the national military forces of a country

19 within such area of responsibility in order for such

20 country to—

21 ‘‘(A) conduct counterterrorist operations;

22 or

23 ‘‘(B) participate in or support military and

24 stability operations.
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1 ‘‘(2) REQUIRED ELEMENTS.—Any program

2 under paragraph (1) shall include elements that

3 promote—

4 ‘‘(A) observance of and respect for human

5 rights and fundamental freedoms; and

6 ‘‘(B) respect for legitimate civilian author7 ity within the country concerned.

8 ‘‘(3) AUTHORIZED ELEMENTS.—Any program

9 under paragraph (1) may include the provision of

10 equipment, supplies, and training.

11 ‘‘(4) ANNUAL FUNDING LIMITATION.—The Sec12 retary of Defense may make available, from funds

13 available for operation and maintenance for fiscal

14 year 2007 or 2008, not to exceed $200,000,000 to

15 conduct activities under paragraph (1) in such fiscal

16 year. Of the amount so made available for a fiscal

17 year, not more than $50,000,000 may be available

18 for any commander of a particular geographic com19 batant command in such fiscal year. Amounts avail20 able under this paragraph are in addition to any

21 other amounts available to the commanders of the

22 geographic combatant commands, including amounts

23 in the Combatant Commanders Initiative Fund.

24 ‘‘(5) ASSISTANCE OTHERWISE PROHIBITED BY

25 LAW.—The commander of a geographic combatant
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1 command may not use the authority in paragraph

2 (1) to provide any type of assistance described in

3 paragraphs (2) and (3) that is otherwise prohibited

4 by any provision of law.

5 ‘‘(6) LIMITATION ON ELIGIBLE COUNTRIES.—

6 The commander of a geographic combatant com7 mand may not use the authority in paragraph (1) to

8 provide any type of assistance described in para9 graphs (2) and (3) to any foreign country that is

10 otherwise prohibited from receiving such type of as11 sistance under any other provision of law.

12 ‘‘(7) FORMULATION AND EXECUTION OF PRO13 GRAMS.—The Secretary of Defense shall prescribe

14 guidance for programs authorized by paragraph (1).

15 Such guidance shall include requirements for the

16 commanders of the geographic combatant commands

17 to—

18 ‘‘(A) formulate any program under para19 graph (1) for a country jointly with the United

20 States ambassador or chief of mission to such

21 country; and

22 ‘‘(B) coordinate with the United States

23 ambassador or chief of mission to a country in

24 implementing any program under paragraph (1)

25 for such country.
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1 ‘‘(8) CONGRESSIONAL NOTIFICATION.—Not less

2 than 15 days after the initiation of activities in a

3 country under a program under paragraph (1), the

4 Secretary of Defense, in coordination with the Sec5 retary of State, shall submit to the congressional

6 committees specified in subsection (e)(3) a notice of

7 the following:

8 ‘‘(A) The country being assisted in the

9 building of the capacity of its military forces

10 under the program.

11 ‘‘(B) The budget, implementation timeline

12 with milestones, and completion date for the

13 program.

14 ‘‘(C) The source and planned expenditure

15 of funds to complete the program.’’.

16 (c) LIMITED AUTHORITY TO MEET UNANTICIPATED

17 HUMANITARIAN RELIEF OR RECONSTRUCTION REQUIRE18 MENTS.—Such section is further amended by inserting

19 after subsection (f), as added by subsection (b)(2) of this

20 section, the following new subsection (g):

21 ‘‘(g) COMBATANT COMMANDER AUTHORITY TO

22 MEET UNANTICIPATED HUMANITARIAN RELIEF OR RE23 CONSTRUCTION REQUIREMENTS.—

24 ‘‘(1) IN GENERAL.—During fiscal years 2007

25 and 2008, the Secretary of Defense may authorize
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1 any commander of a geographic combatant com2 mand to provide the assistance described in para3 graph (2) to respond to urgent and unanticipated

4 humanitarian relief or reconstruction requirements

5 in a foreign country within the area of responsibility

6 of the commander of the geographic combatant com7 mand if the commander of the geographic combatant

8 command determines that the provision of such as9 sistance will promote the security interests of the

10 United States and the country to which such assist11 ance will be provided. Such assistance may be pro12 vided without regard to any provision of chapter

13 137, 140, or 141 of title 10, United States Code, or

14 any other provision of law that would prohibit, re15 strict, or limit the provision of such assistance.

16 ‘‘(2) TYPES OF ASSISTANCE.—The assistance

17 that may be provided under paragraph (1) includes

18 the following:

19 ‘‘(A) Construction, reconstruction, or re20 pair of municipal, educational, cultural, or other

21 local facilities.

22 ‘‘(B) Reconstitution or improvement of

23 utilities or other local infrastructure.

24 ‘‘(C) Provision of any other goods or serv25 ices necessary to respond to urgent and unan-
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1 ticipated humanitarian relief or reconstruction

2 requirements.

3 ‘‘(3) PROHIBITION ON ASSISTANCE IN CERTAIN

4 COUNTRIES.—Assistance may not be provided under

5 paragraph (1) in Iraq or Afghanistan.

6 ‘‘(4) ANNUAL FUNDING LIMITATION.—From

7 funds available for operation and maintenance for

8 fiscal year 2007 or 2008, not more than $200,000

9 may be available to the commander of a geographic

10 combatant command to conduct activities under

11 paragraph (1) in any particular country in such fis12 cal year. Amounts available under this paragraph

13 are in addition to any other amounts available to the

14 commanders of the geographic combatant com15 mands, including amounts in the Combatant Com16 manders Initiative Fund.

17 ‘‘(5) CONSTRUCTION OF AUTHORITY.—The au18 thority and funds available to the commanders of

19 the geographic combatant commands under this sub20 section are in addition to any other authorities and

21 funds available to the commanders of the geographic

22 combatant commands.

23 ‘‘(6) GUIDANCE ON PROVISION OF ASSIST24 ANCE.—(A) No funds may be obligated or expended

25 for the provision of assistance under paragraph (1)
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1 until the Secretary of Defense prescribes guidance

2 on the provision of assistance under that paragraph.

3 ‘‘(B) The guidance under this paragraph shall

4 include a requirement that any assistance provided

5 under paragraph (1) in a particular country be pro6 vided only with the concurrence of the United States

7 ambassador or chief of mission to that country.

8 ‘‘(C) Not later than 30 days after the issuance

9 of the guidance under this paragraph, the Secretary

10 shall submit to the congressional defense committees

11 a report setting forth such guidance.

12 ‘‘(D) Not later than 30 days after issuing any

13 modification to the guidance under this paragraph,

14 the Secretary shall submit to the congressional de15 fense committees a report on such modification.

16 ‘‘(7) REPORT.—Not later than November 1 of

17 2007 and 2008, the Secretary of Defense shall sub18 mit to the congressional defense committees a report

19 on the provision of assistance under paragraph (1)

20 during the preceding fiscal year. Each report shall

21 include, for the fiscal year covered by such report,

22 the following:

23 ‘‘(A) The source of funds utilized to pro24 vide assistance under paragraph (1) during

25 such fiscal year.
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1 ‘‘(B) Each country in which assistance was

2 so provided.

3 ‘‘(C) For each country so provided assist4 ance, the type and amount of assistance pro5 vided.’’.

6 (d) TERMINATION OF AUTHORITY.—Subsection (i) of

7 such section, as redesignated by subsection (b)(1) of this

8 section, is further amended to read as follows:

9 ‘‘(i) TERMINATION.—

10 ‘‘(1) TERMINATION OF PRESIDENTIAL PRO11 GRAM.—The authority of the President under sub12 section (a) to direct the Secretary of Defense to con13 duct a program terminates at the close of September

14 30, 2008. Any program directed before that date

15 may be completed, but only using funds available for

16 fiscal year 2006, 2007, or 2008.

17 ‘‘(2) TERMINATION OF COMBATANT COM18 MANDER AUTHORITIES.—The authority of the com19 manders of the geographic combatant commands to

20 carry out programs under subsection (f), and to pro21 vide assistance under subsection (g), terminates at

22 the close of September 30, 2008. Any program or

23 assistance commenced before that date may be com24 pleted, but only using funds available for fiscal year

25 2007 or 2008.’’.
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1 SEC. 1207. PARTICIPATION OF THE DEPARTMENT OF DE2 FENSE IN MULTINATIONAL MILITARY CEN3 TERS OF EXCELLENCE.

4 (a) PARTICIPATION AUTHORIZED.—During fiscal

5 year 2007, the Secretary of Defense may, with the concur6 rence of the Secretary of State, authorize the participation

7 of the Department of Defense, and of members of the

8 armed forces and civilian personnel of the Department, in

9 multinational military centers of excellence hosted by any

10 nation or combination of nations referred to in subsection

11 (b) for purposes of—

12 (1) enhancing the ability of military forces and

13 civilian personnel of the nations participating in

14 such centers to engage in joint exercises or coalition

15 or international military operations; or

16 (2) improving interoperability between the

17 Armed Forces of the United States and the military

18 forces of friendly foreign nations.

19 (b) COVERED NATIONS.—The nations referred to in

20 this section are as follows:

21 (1) The United States.

22 (2) Any member nation of the North Atlantic

23 Treaty Organization (NATO).

24 (3) Any major non-NATO ally.
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1 (4) Any other friendly foreign nation identified

2 by the Secretary of Defense, with the concurrence of

3 the Secretary of State, for purposes of this section.

4 (c) MEMORANDUM OF UNDERSTANDING.—The par5 ticipation of the Department of Defense, or of members

6 of the armed forces or civilian personnel of the Depart7 ment, in a multinational military center of excellence

8 under subsection (a) shall be governed by the terms of

9 one or more memoranda of understanding entered into by

10 the Secretary of Defense, with the concurrence of the Sec11 retary of State, and the foreign nation or nations con12 cerned.

13 (d) AVAILABILITY OF APPROPRIATED FUNDS.—(1)

14 Funds appropriated to the Department of Defense for op15 eration and maintenance are available as follows:

16 (A) To pay the United States share of the ex17 penses of any multinational military center of excel18 lence in which the United States participates under

19 this section.

20 (B) To pay the costs of the participation of the

21 Department of Defense, and of members of the

22 armed forces and civilian personnel of the Depart23 ment, in multinational military centers of excellence

24 under this section, including the costs of pay, sala-
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1 ries, and expenses of such members and personnel in

2 participating in such centers.

3 (2) The amount available under paragraph (1)(A) in

4 fiscal year 2007 for the expenses referred to in that para5 graph may not exceed $3,000,000.

6 (e) USE OF DEPARTMENT OF DEFENSE FACILITIES

7 AND EQUIPMENT.—(1) Facilities and equipment of the

8 Department of Defense may be used for purposes of the

9 support of multinational military centers of excellence

10 under this section that are hosted by the Department.

11 (2) The use of facilities and equipment for support

12 of a multinational military center of excellence under para13 graph (1) may, at the election of the Secretary of Defense,

14 be with or without reimbursement by other nations partici15 pating in the center.

16 (f) REPORT ON USE OF AUTHORITY.—

17 (1) REPORT REQUIRED.—Not later than Octo18 ber 31, 2007, the Secretary of Defense shall submit

19 to the congressional defense committees a report on

20 the use of the authority in this section during fiscal

21 year 2007.

22 (2) ELEMENTS.—The report required by para23 graph (1) shall include the following:

24 (A) A detailed description of the participa25 tion of the Department of Defense, and of
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1 members of the Armed Forces and civilian per2 sonnel of the Department, in multinational mili3 tary centers of excellence under the authority of

4 this section during fiscal year 2007.

5 (B) For each multinational military center

6 of excellence in which the Department of De7 fense, or members of the Armed Forces or civil8 ian personnel of the Department, so

9 participated—

10 (i) a description of such multinational

11 military center of excellence;

12 (ii) a description of the activities par13 ticipated in by the Department, or by

14 members of the Armed Forces or civilian

15 personnel of the Department; and

16 (iii) a statement of the costs of the

17 Department for such participation,

18 including—

19 (I) a statement of the United

20 States share of the expenses of such

21 center, and a statement of the per22 centage of the United States share of

23 the expenses of such center to the

24 total expenses of such center; and
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1 (II) a statement of the amount of

2 such costs (including a separate state3 ment of the amount of costs paid for

4 under the authority of this section by

5 category of costs).

6 (g) DEFINITIONS.—In this section:

7 (1) The term ‘‘multinational military center of

8 excellence’’ means an entity sponsored by one or

9 more nations that is accredited and approved by the

10 North Atlantic Treaty Organization military com11 mittee as offering recognized expertise and experi12 ence to personnel participating in the activities of

13 such entity for the benefit of the North Atlantic

14 Treaty Organization by providing such personnel op15 portunities to—

16 (A) enhance education and training;

17 (B) improve interoperability and capabili18 ties;

19 (C) assist in the development of doctrine;

20 and

21 (D) validate concepts through experimen22 tation.

23 (2) The term ‘‘major non-NATO ally’’ means a

24 country (other than a member nation of the North

25 Atlantic Treaty Organization) that is designated as
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1 a major non-NATO ally for purposes of this section

2 by the Secretary of Defense with the concurrence of

3 the Secretary of State.

4 SEC. 1208. DISTRIBUTION OF EDUCATION AND TRAINING

5 MATERIALS AND INFORMATION TECH6 NOLOGY TO ENHANCE INTEROPERABILITY.

7 (a) DISTRIBUTION AUTHORIZED.—In furtherance of

8 the national security objectives of the United States and

9 to improve interoperability between the Armed Forces of

10 the United States and military forces of friendly foreign

11 countries, the Secretary of Defense may—

12 (1) provide to the personnel referred to in sub13 section (b) electronically-distributed learning content

14 for the education and training of such personnel for

15 the development and enhancement of allied and

16 friendly military capabilities for multinational oper17 ations, including joint exercises and coalition oper18 ations; and

19 (2) provide information technology, including

20 computer software developed for such purpose, to

21 support the use of such learning content for the edu22 cation and training of such personnel.

23 (b) PERSONNEL.—The personnel to which learning

24 content and information technology may be provided

25 under subsection (a) are as follows:
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1 (1) Military and civilian personnel of friendly

2 foreign governments.

3 (2) Personnel of internationally-recognized non4 governmental organizations.

5 (c) EDUCATION AND TRAINING.—The education and

6 training provided under subsection (a) shall include the

7 following:

8 (1) Internet based education and training.

9 (2) Advanced distributed learning and similar

10 Internet learning tools, as well as distributed train11 ing and computer assisted exercises.

12 (d) INFORMATION TECHNOLOGY.—In providing in13 formation technology under subsection (a)(2), the Sec14 retary of Defense may only expend funds for the develop15 ment and provision of information technology and learning

16 content necessary to support the provision of education

17 and training authorized by this section.

18 (e) SECRETARY OF STATE CONCURRENCE IN CER19 TAIN ACTIVITIES.—In the case of any activity proposed

20 to be undertaken under the authority in this section that

21 is not authorized by another provision of law, the Sec22 retary of Defense may not undertake such activity without

23 the concurrence of the Secretary of State.

24 (f) CONSTRUCTION WITH OTHER AUTHORITY.—
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1 (1) SUPPLEMENTAL AUTHORITY.—The author2 ity in this section is in addition to any other author3 ity available to the Secretary of Defense to provide

4 assistance to foreign nations or military forces.

5 (2) LIMITATION.—The provision of learning

6 content and information technology under the au7 thority in this section shall be subject to the provi8 sions of the Arms Export Control Act (22 U.S.C.

9 2751 et seq.) and any other export control regime

10 under law relating to the transfer of military tech11 nology to foreign nations.

12 (g) GUIDANCE.—

13 (1) GUIDANCE REQUIRED.—The Secretary of

14 Defense shall develop and issue guidance on the pro15 cedures for the use of the authority in this section.

16 (2) SUBMITTAL TO CONGRESS.—Not later than

17 30 days after issuing the guidance required by para18 graph (1), the Secretary shall submit to the congres19 sional defense committees a report setting forth such

20 guidance.

21 (3) MODIFICATION.—In the event the Secretary

22 modifies the guidance required by paragraph (1), the

23 Secretary shall submit to the congressional defense

24 committees a report setting forth the modified guid-
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1 ance not later than 30 days after the date of such

2 modification.

3 (h) ANNUAL REPORT.—

4 (1) REPORT REQUIRED.—Not later than Octo5 ber 31 of 2007 and 2008, the Secretary of Defense

6 shall submit to the congressional defense committees

7 a report on the exercise of the authority in this sec8 tion during the preceding fiscal year.

9 (2) ELEMENTS.—The report under paragraph

10 (1) shall include, for the fiscal year covered by such

11 report, the following:

12 (A) A statement of the recipients of learn13 ing content and information technology pro14 vided under this section.

15 (B) A description of the type, quantity,

16 and value of the learning content and informa17 tion technology provided under this section.

18 (i) TERMINATION.—The authority in this section

19 shall expire on September 30, 2008.

20 SEC. 1209. UNITED STATES’ POLICY ON THE NUCLEAR PRO21 GRAMS OF IRAN.

22 (a) FINDINGS.—Congress finds that:

23 (1) The pursuit by the Iranian regime of a ca24 pability to produce nuclear weapons represents a
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1 threat to the United States, the middle east region,

2 and international peace and security.

3 (2) On May 31, 2006, Secretary of State Rice

4 announced that the United States would join nego5 tiations with Iran, along with the United Kingdom,

6 France, and Germany, provided that Iran fully and

7 verifiably suspends its enrichment and reprocessing

8 activities.

9 (3) On June 1, 2006, President George W.

10 Bush stated that ‘‘Secretary Rice, at my instruc11 tions, said to the world that we want to solve the

12 problem of the Iranian nuclear issue diplomatically.

13 And we made it very clear publicly that we’re willing

14 to come to the table, so long as the Iranians

15 verifiably suspend their program. In other words, we

16 said to the Iranians [that] the United States of

17 America wants to work with our partners to solve

18 the problem’’.

19 (4) On June 1, 2006, the United States, the

20 United Kingdom, France, Germany, the People’s Re21 public of China, and the Russian Federation agreed

22 upon a package of incentives and disincentives,

23 which was subsequently presented to Iran by the

24 High Representative of the European Union, Javier

25 Solana.
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1 (b) SENSE OF CONGRESS.—Congress—

2 (1) endorses the policy of the United States,

3 announced May 31, 2006, to achieve a successful

4 diplomatic outcome, in coordination with leading

5 members of the international community, with re6 spect to the threat posed by the efforts of the Ira7 nian regime to acquire a capability to produce nu8 clear weapons;

9 (2) calls on Iran to suspend fully and verifiably

10 its enrichment and reprocessing activities, cooperate

11 fully with the International Atomic Energy Agency,

12 and enter into negotiations, including with the

13 United States, pursuant to the package presented to

14 Iran by the High Representative of the European

15 Union; and

16 (3) urges the President and the Secretary of

17 State to keep Congress fully and currently informed

18 about the progress of this vital diplomatic initiative.

19 SEC. 1210. MODIFICATION OF LIMITATIONS ON ASSISTANCE

20 UNDER THE AMERICAN SERVICEMEMBERS’

21 PROTECTION ACT OF 2002.

22 Section 2013(13)(A) of the American

23 Servicemembers’ Protection Act of 2002 (title II of Public

24 Law 107–206; 116 Stat. 909; 22 U.S.C. 7432(13)(A)) is

25 amended by striking ‘‘or 5’’.
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1 SEC. 1211. SENSE OF THE CONGRESS COMMENDING THE

2 GOVERNMENT OF IRAQ FOR AFFIRMING ITS

3 POSITION OF NO AMNESTY FOR TERRORISTS

4 WHO ATTACK UNITED STATES ARMED

5 FORCES.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) The Armed Forces of the United States and

9 coalition military forces are serving heroically in

10 Iraq to provide all the people of Iraq a better future.

11 (2) The Armed Forces of the United States and

12 coalition military forces have served bravely in Iraq

13 since the beginning of military operations in March

14 2003.

15 (3) More than 2,500 of the Armed Forces of

16 the United States and members of coalition military

17 forces have been killed and more than 18,000 in18 jured in operations to bring peace and stability to all

19 the people of Iraq.

20 (4) The National Security Advisor of Iraq af21 firmed that the Government of Iraq will ‘‘never give

22 amnesty to those who have killed American soldiers

23 or Iraqi soldiers or civilians.’’

24 (5) The National Security Advisor of Iraq

25 thanked ‘‘the American wives and American women

26 and American mothers for the treasure and blood
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1 they have invested in this country . . . of liberating

2 30 million people in this country . . . and we are

3 ever so grateful.’’

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that—

6 (1) the goal of the United States and our coali7 tion partners has been to empower the Iraqi nation

8 with full sovereignty thereby recognizing their free9 dom to exercise that sovereignty. Through successive

10 elections and difficult political agreements the unity

11 government is now in place exercising that sov12 ereignty. We must respect that exercise of that sov13 ereignty in accordance with their own wisdom;

14 (2) history records that governments derived of

15 free elections should not grant amnesty to those who

16 have committed war crimes or terrorists acts; and

17 (3) the United States should continue with the

18 historic tradition of diplomatically, economically, and

19 in a humanitarian manner assisting nations and the

20 people who have fought once a conflict is concluded.

21 SEC. 1212. SENSE OF CONGRESS ON THE GRANTING OF AM22 NESTY TO PERSONS KNOWN TO HAVE KILLED

23 MEMBERS OF THE ARMED FORCES IN IRAQ.

24 (a) FINDINGS.—Congress makes the following find25 ings:
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1 (1) The Armed Forces of the United States and

2 coalition military forces are serving heroically in

3 Iraq to provide all the people of Iraq a better future.

4 (2) The Armed Forces of the United States and

5 coalition military forces have served bravely in Iraq

6 since the beginning of military operations in March

7 of 2003.

8 (3) More than 2,500 members of the Armed

9 Forces of the United States and members of coali10 tion military forces have been killed and more than

11 18,000 injured in operations to bring peace and sta12 bility to all the people of Iraq.

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that—

15 (1) the Government of Iraq should not grant

16 amnesty to persons known to have attacked, killed,

17 or wounded members of the Armed Forces of the

18 United States; and

19 (2) the President should immediately notify the

20 Government of Iraq that the Government of the

21 United States strongly opposes granting amnesty to

22 persons who have attacked members of the Armed

23 Forces of the United States.
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1 SEC. 1213. ANNUAL REPORTS ON UNITED STATES CON2 TRIBUTIONS TO THE UNITED NATIONS.

3 (a) ANNUAL REPORT REQUIRED.—Not later than 90

4 days after the date of the enactment of this Act, and annu5 ally thereafter, the President shall submit to Congress a

6 report listing all assessed and voluntary contributions of

7 the United States Government for the preceding fiscal

8 year to the United Nations and United Nations affiliated

9 agencies and related bodies.

10 (b) ELEMENTS.—Each report under subsection (a)

11 shall set forth, for the fiscal year covered by such report,

12 the following:

13 (1) The total amount of all assessed and vol14 untary contributions of the United States Govern15 ment to the United Nations and United Nations af16 filiated agencies and related bodies.

17 (2) The approximate percentage of United

18 States Government contributions to each United Na19 tions affiliated agency or body in such fiscal year

20 when compared with all contributions to such agency

21 or body from any source in such fiscal year.

22 (3) For each such contribution—

23 (A) the amount of such contribution;

24 (B) a description of such contribution (in25 cluding whether assessed or voluntary);
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1 (C) the department or agency of the

2 United States Government responsible for such

3 contribution;

4 (D) the purpose of such contribution; and

5 (E) the United Nations or United Nations

6 affiliated agency or related body receiving such

7 contribution.

8 SEC. 1214. NORTH KOREA.

9 (a) COORDINATOR OF POLICY ON NORTH KOREA.—

10 (1) APPOINTMENT REQUIRED.—Not later than

11 60 days after the date of the enactment of this Act,

12 the President shall appoint a senior presidential

13 envoy to act as coordinator of United States policy

14 on North Korea.

15 (2) DESIGNATION.—The individual appointed

16 under paragraph (1) may be known as the ‘‘North

17 Korea Policy Coordinator’’ (in this subsection re18 ferred to as the ‘‘Coordinator)’’.

19 (3) DUTIES.—The Coordinator shall—

20 (A) conduct a full and complete inter21 agency review of United States policy toward

22 North Korea including matters related to secu23 rity and human rights;

24 (B) provide policy direction for negotia25 tions with North Korea relating to nuclear
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1 weapons, ballistic missiles, and other security

2 matters; and

3 (C) provide leadership for United States

4 participation in Six Party Talks on the

5 denuclearization of the Korean peninsula.

6 (4) REPORT.—Not later than 90 days after the

7 date of the appointment of an individual as Coordi8 nator under paragraph (1), the Coordinator shall

9 submit to the President and Congress an unclassi10 fied report, with a classified annex if necessary, on

11 the actions undertaken under paragraph (3). The re12 port shall set forth—

13 (A) the results of the review under para14 graph (3)(A); and

15 (B) any other matters on North Korea

16 that the individual considers appropriate.

17 (b) REPORT ON NUCLEAR AND MISSILE PROGRAMS

18 OF NORTH KOREA.—

19 (1) REPORT REQUIRED.—Not later than 90

20 days after the date of the enactment of this Act, and

21 every 180 days thereafter, the President shall sub22 mit to Congress an unclassified report, with a classi23 fied annex as appropriate, on the nuclear program

24 and the missile program of North Korea.
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1 (2) ELEMENTS.—Each report submitted under

2 paragraph (1) shall include the following:

3 (A) The most current national intelligence

4 estimate on the nuclear program and the mis5 sile program of North Korea, and, consistent

6 with the protection of intelligence sources and

7 methods, an unclassified summary of the key

8 judgments in the estimate.

9 (B) The most current unclassified United

10 States Government assessment, stated as a

11 range if necessary, of (i) the number of nuclear

12 weapons possessed by North Korea and (ii) the

13 amount of nuclear material suitable for weap14 ons use produced by North Korea by plutonium

15 reprocessing and uranium enrichment for each

16 period as follows:

17 (I) Before October 1994.

18 (II) Between October 1994 and Octo19 ber 2002.

20 (III) Between October 2002 and the

21 date of the submittal of the initial report

22 under paragraph (1).

23 (IV) Each 12-month period after the

24 submittal of the initial report under para25 graph (1).
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1 (C) Any other matter relating to the nu2 clear program or missile program of North

3 Korea that the President considers appropriate.

4 SEC. 1215. COMPREHENSIVE STRATEGY FOR SOMALIA.

5 (a) SENSE OF SENATE.—It is the sense of the Senate

6 that the United States should—

7 (1) support the development of the Transitional

8 Federal Institutions in Somalia into a unified na9 tional government, support humanitarian assistance

10 to the people of Somalia, support efforts to prevent

11 Somalia from becoming a safe haven for terrorists

12 and terrorist activities, and support regional sta13 bility;

14 (2) broaden and integrate its strategic approach

15 toward Somalia within the context of United States

16 activities in countries of the Horn of Africa, includ17 ing Djibouti, Ethiopia, Kenya, Eritrea, and in

18 Yemen on the Arabian Peninsula; and

19 (3) carry out all diplomatic, humanitarian,

20 counter-terrorism, and security-related activities in

21 Somalia within the context of a comprehensive strat22 egy developed through an interagency process.

23 (b) DEVELOPMENT OF A COMPREHENSIVE STRATEGY

24 FOR SOMALIA.—
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1 (1) REQUIREMENT FOR STRATEGY.—Not later

2 then 90 days after the date of the enactment of this

3 Act, the President shall develop and submit to the

4 appropriate committees of Congress a comprehensive

5 strategy toward Somalia within the context of

6 United States activities in the countries of the Horn

7 of Africa.

8 (2) CONTENT OF STRATEGY.—The strategy

9 should include the following:

10 (A) A clearly stated policy towards Somalia

11 that will help establish a functional, legitimate,

12 unified national government in Somalia that is

13 capable of maintaining the rule of law and pre14 venting Somalia from becoming a safe haven for

15 terrorists.

16 (B) An integrated political, humanitarian,

17 intelligence, and military approach to counter

18 transnational security threats in Somalia within

19 the context of United States activities in the

20 countries of the Horn of Africa.

21 (C) An interagency framework to plan, co22 ordinate, and execute United States activities in

23 Somalia within the context of other activities in

24 the countries of the Horn of Africa among the
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1 agencies and departments of the United States

2 to oversee policy and program implementation.

3 (D) A description of the type and form of

4 diplomatic engagement to coordinate the imple5 mentation of the United States policy in Soma6 lia.

7 (E) A description of bilateral, regional, and

8 multilateral efforts to strengthen and promote

9 diplomatic engagement in Somalia.

10 (F) A description of appropriate metrics to

11 measure the progress and effectiveness of the

12 United States policy towards Somalia and

13 throughout the countries of the Horn of Africa.

14 (G) Guidance on the manner in which the

15 strategy will be implemented.

16 (c) ANNUAL REPORTS.—Not later than April 1,

17 2007, and annually thereafter, the President shall prepare

18 and submit to the appropriate committees of Congress a

19 report on the status of the implementation of the strategy.

20 (d) FORM.—Each report under this section shall be

21 submitted in unclassified form, but may include a classi22 fied annex.

23 (e) APPROPRIATE COMMITTEES OF CONGRESS DE24 FINED.—In this section, the term ‘‘appropriate commit25 tees of Congress’’ means—
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1 (1) the Committee on Appropriations, the Com2 mittee on Armed Services, the Committee on For3 eign Relations, and the Select Committee Intel4 ligence of the Senate; and

5 (2) the Committee on Appropriations, the Com6 mittee on Armed Services, the Committees on Inter7 national Relations, and the Permanent Select Com8 mittee on Intelligence of the House of Representa9 tives.

10 SEC. 1216. INTELLIGENCE ON IRAN.

11 (a) SUBMITTAL TO CONGRESS OF UPDATED NA12 TIONAL INTELLIGENCE ESTIMATE ON IRAN.—

13 (1) SUBMITTAL REQUIRED.—As soon as is

14 practicable, but not later than 90 days after the date

15 of the enactment of this Act, the Director of Na16 tional Intelligence shall submit to Congress an up17 dated National Intelligence Estimate on Iran.

18 (2) NOTICE REGARDING SUBMITTAL.—If the

19 Director determines that the National Intelligence

20 Estimate required by paragraph (1) cannot be sub21 mitted by the date specified in that paragraph, the

22 Director shall submit to Congress a report setting

23 forth—
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1 (A) the reasons why the National Intel2 ligence Estimate cannot be submitted by such

3 date; and

4 (B) an estimated date for the submittal of

5 the National Intelligence Estimate.

6 (3) FORM.—The National Intelligence Estimate

7 under paragraph (1) shall be submitted in classified

8 form. Consistent with the protection of intelligence

9 sources and methods, an unclassified summary of

10 the key judgments of the National Intelligence Esti11 mate should be submitted.

12 (4) ELEMENTS.—The National Intelligence Es13 timate submitted under paragraph (1) shall address

14 the following:

15 (A) The foreign policy and regime objec16 tives of Iran.

17 (B) The current status of the nuclear pro18 grams of Iran, including—

19 (i) an assessment of the current and

20 projected capabilities of Iran to design a

21 nuclear weapon, to produce plutonium, en22 riched uranium, and other weapons mate23 rials, to build a nuclear weapon, and to de24 ploy a nuclear weapon; and
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1 (ii) an assessment of the intentions of

2 Iran regarding possible development of nu3 clear weapons, the motivations underlying

4 such intentions, and the factors that might

5 influence changes in such intentions.

6 (C) The military and defense capabilities

7 of Iran, including any non-nuclear weapons of

8 mass destruction programs and related delivery

9 systems.

10 (D) The relationship of Iran with terrorist

11 organizations, the use by Iran of terrorist orga12 nizations in furtherance of its foreign policy ob13 jectives, and the factors that might cause Iran

14 to reduce or end such relationships.

15 (E) The prospects for support from the

16 international community for various potential

17 courses of action with respect to Iran, including

18 diplomacy, sanctions, and military action.

19 (F) The anticipated reaction of Iran to the

20 courses of action set forth under subparagraph

21 (E), including an identification of the course or

22 courses of action most likely to successfully in23 fluence Iran in terminating or moderating its

24 policies of concern.
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1 (G) The level of popular and elite support

2 within Iran for the Iran regime, and for its civil

3 nuclear program, nuclear weapons ambitions,

4 and other policies, and the prospects for reform

5 and political change within Iran.

6 (H) The views among the populace and

7 elites of Iran with respect to the United States,

8 including views on direct discussions with or

9 normalization of relations with the United

10 States.

11 (I) The views among the populace and

12 elites of Iran with respect to other key countries

13 involved in nuclear diplomacy with Iran.

14 (J) The likely effects and consequences of

15 any military action against the nuclear pro16 grams or other regime interests of Iran.

17 (K) The confidence level of key judgments

18 in the National Intelligence Estimate, the qual19 ity of the sources of intelligence on Iran, the

20 nature and scope of any gaps in intelligence on

21 Iran, and any significant alternative views on

22 the matters contained in the National Intel23 ligence Estimate.

24 (b) PRESIDENTIAL REPORT ON POLICY OBJECTIVES

25 AND UNITED STATES STRATEGY REGARDING IRAN.—
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1 (1) REPORT REQUIRED.—As soon as is prac2 ticable, but not later than 90 days after the date of

3 the enactment of this Act, the President shall sub4 mit to Congress a report on the following:

5 (A) The objectives of United States policy

6 on Iran.

7 (B) The strategy for achieving such objec8 tives.

9 (2) FORM.—The report under paragraph (1)

10 shall be submitted in unclassified form with a classi11 fied annex, as appropriate.

12 (3) ELEMENTS.—The report submitted under

13 paragraph (1) shall—

14 (A) address the role of diplomacy, incen15 tives, sanctions, other punitive measures and in16 centives, and other programs and activities re17 lating to Iran for which funds are provided by

18 Congress; and

19 (B) summarize United States contingency

20 planning regarding the range of possible United

21 States military actions in support of United

22 States policy objectives with respect to Iran.

23 (c) DIRECTOR OF NATIONAL INTELLIGENCE REPORT

24 ON PROCESS FOR VETTING AND CLEARING ADMINISTRA-
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1 TION OFFICIALS’ STATEMENTS DRAWN FROM INTEL2 LIGENCE.—

3 (1) REPORT REQUIRED.—As soon as is prac4 ticable, but not later than 90 days after the date of

5 the enactment of this Act, the Director of National

6 Intelligence shall submit to Congress a report on the

7 process for vetting and clearing statements of Ad8 ministration officials that are drawn from or rely

9 upon intelligence.

10 (2) ELEMENTS.—The report shall—

11 (A) describe current policies and practices

12 of the Office of the Director of National Intel13 ligence and the intelligence community for—

14 (i) vetting and clearing statements of

15 senior Administration officials that are

16 drawn from or rely upon intelligence; and

17 (ii) how significant misstatements of

18 intelligence that may occur in public state19 ments of senior public officials are identi20 fied, brought to the attention of any such

21 officials, and corrected;

22 (B) assess the sufficiency and adequacy of

23 such policies and practices; and
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1 (C) include any recommendations that the

2 Director considers appropriate to improve such

3 policies and practices.

4 SEC. 1217. REPORTS ON IMPLEMENTATION OF THE

5 DARFUR PEACE AGREEMENT.

6 (a) REQUIREMENT FOR REPORTS.—Not later than

7 30 days after the date of the enactment of this Act, and

8 every 60 days thereafter until the date that the President

9 submits the certification described in subsection (b), the

10 President shall submit to Congress a report on the imple11 mentation of the Darfur Peace Agreement of May 5, 2006,

12 and the situation in Darfur, Sudan. Each such report shall

13 include—

14 (1) a description of the steps being taken by the

15 Government of Sudan, the Sudan Liberation Move16 ment/Army (SLM/A), and other parties to the

17 Agreement to uphold their commitments to—

18 (A) demobilize and disarm the Janjaweed,

19 as stated in paragraphs 214(F), 338, 339, 340,

20 366, 387, and 368 of the Agreement;

21 (B) provide secure, unfettered access for

22 humanitarian personnel and supplies, as stated

23 in paragraph 214(E) of the Agreement;

24 (C) ensure that foreign combatants respect

25 the provisions of the Agreement, as stated in
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1 paragraphs 341 through 344 of the Agreement;

2 and

3 (D) expedite the safe and voluntary return

4 of internally-displaced persons and refugees to

5 their places of origin, as stated in paragraphs

6 182 through 187 of the Agreement; and

7 (2) a description of any violation of the Agree8 ment and any delay in implementing the Agreement,

9 including any such violation or delay that com10 promises the safety of civilians, and the names of

11 the individuals or entities responsible for such viola12 tion or delay;

13 (3) a description of any attacks against civilians

14 and any activities that disrupt implementation of the

15 Agreement by armed persons who are not a party to

16 the Agreement; and

17 (4) a description of the ability of the Ceasefire

18 Commission, the African Union Mission in Sudan,

19 and the other organizations identified in the Agree20 ment to monitor the implementation of the Agree21 ment, and a description of any obstruction to such

22 monitoring.

23 (b) CERTIFICATION.—The certification described in

24 this subsection is a certification made by the President

25 and submitted to Congress that the Government of Sudan
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1 has fulfilled its obligations under the Darfur Peace Agree2 ment of May 5, 2006, to demobilize and disarm the

3 Janjaweed and to protect civilians.

4 (c) FORM AND AVAILABILITY OF REPORTS.—

5 (1) FORM.—A report submitted under this sec6 tion shall be in an unclassified form and may include

7 a classified annex.

8 (2) AVAILABILITY.—The President shall make

9 the unclassified portion of a reported submitted

10 under this section available to the public.

11 Subtitle B—Report Matters

12 SEC. 1221. REPORT ON INCREASED ROLE AND PARTICIPA13 TION OF MULTINATIONAL PARTNERS IN THE

14 UNITED NATIONS COMMAND IN THE REPUB15 LIC OF KOREA.

16 (a) REPORT REQUIRED.—Not later than 180 days

17 after the date of the enactment of this Act, the Secretary

18 of Defense, in coordination with the Secretary of State,

19 shall submit to the appropriate committees of Congress

20 a report on an increased role and participation of multi21 national partners in the United Nations Command in the

22 Republic of Korea.

23 (b) ELEMENTS.—The report required by subsection

24 (a) shall include the following:
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1 (1) A list of the nations that are current mem2 bers of the United Nations Command in the Repub3 lic of Korea, and a detailed description of the role

4 and participation of each such member nation in the

5 responsibilities and activities of the United Nations

6 Command.

7 (2) A detailed description of efforts being un8 dertaken by the United States to encourage en9 hanced participation in the responsibilities and ac10 tivities of the United Nations Command in the Re11 public of Korea by such member nations.

12 (3) A discussion of whether and how members

13 of the United Nations Command in the Republic of

14 Korea might be persuaded to deploy military forces

15 in peacetime to the Republic of Korea to bolster the

16 deterrence mission of the United Nations Command.

17 (4) An assessment of how the military and po18 litical requirements for United States military forces

19 in the Republic of Korea might be affected were

20 multinational partners in the United Nations Com21 mand in the Republic of Korea to increase their con22 tribution of military forces stationed in the Republic

23 of Korea.

24 (5) An assessment of whether and how the con25 tribution of additional military forces to the United
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1 Nations Command in the Republic of Korea by a

2 multinational partner might affect that partner’s ap3 proach to facilitating a diplomatic resolution of the

4 nuclear challenge posed by the Democratic Peoples

5 Republic of Korea.

6 (c) FORM.—The report required by subsection (a)

7 shall be submitted in unclassified form, but may include

8 a classified annex.

9 (d) APPROPRIATE COMMITTEES OF CONGRESS DE10 FINED.—In this section, the term ‘‘appropriate commit11 tees of Congress’’ means—

12 (1) the Committees on Armed Services and

13 Foreign Relations of the Senate; and

14 (2) the Committees on Armed Services and

15 International Relations of the House of Representa16 tives.

17 SEC. 1222. REPORT ON INTERAGENCY OPERATING PROCE18 DURES FOR STABILIZATION AND RECON19 STRUCTION OPERATIONS.

20 (a) SENSE OF CONGRESS.—It is the sense of Con21 gress that—

22 (1) the United States Government should bring

23 to bear all elements of national power to achieve its

24 national security objectives, including stabilization

25 and reconstruction operations;
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1 (2) civilian agencies of the United States Gov2 ernment lack the capacity to deploy rapidly, and for

3 sustained periods of time, trained personnel to sup4 port stabilization and reconstruction operations in

5 the field;

6 (3) civilian agencies of the United States Gov7 ernment should expand their capacity to plan, co8 ordinate, and conduct stabilization and reconstruc9 tion operations, including their capacity to deploy ci10 vilians with relevant expertise to participate in sus11 tained stability and reconstruction operations;

12 (4) National Security Presidential Directive 44,

13 entitled ‘‘Management of Interagency Efforts Con14 cerning Reconstruction and Stabilization’’, is a posi15 tive step toward improving coordination, planning,

16 and implementation by the United States Govern17 ment of reconstruction and stabilization assistance

18 for foreign states and regions at risk of, in, or in

19 transition from conflict or civil strife;

20 (5) all the relevant United States Government

21 agencies should include in their budget requests for

22 future fiscal years adequate funding for planning

23 and preparing to support contingency operations

24 and, as necessary, request emergency supplemental

25 funds for unanticipated contingency operations; and
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1 (6) the President should provide clear guidance

2 to United States Government agencies to manage

3 complex operations and establish a standard, inte4 grated approach to the planning and conduct of

5 interagency operations to ensure a coherent and uni6 fied United States Government approach to contin7 gency operations.

8 (b) REPORT.—Not later than six months after the

9 date of the enactment of this Act, the President shall sub10 mit to Congress a report setting forth a plan to establish

11 interagency operating procedures for the departments and

12 agencies of the United States Government for the plan13 ning and conduct of stabilization and reconstruction oper14 ations.

15 (c) PLAN ELEMENTS.—The plan required under the

16 report under subsection (b) shall include the following:

17 (1) A delineation of the roles, responsibilities,

18 and authorities of the departments and agencies of

19 the United States Government for stabilization and

20 reconstruction operations.

21 (2) A description of operational processes for

22 setting policy direction for stabilization and recon23 struction operations in order to guide—

24 (A) operational planning and funding deci25 sions of such departments and agencies;
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1 (B) oversight of policy implementation;

2 (C) integration of programs and activities

3 into an implementation plan;

4 (D) integration of civilian and military

5 planning efforts;

6 (E) provision of guidance to field-level per7 sonnel on program direction and priorities; and

8 (F) monitoring of field implementation of

9 assistance programs.

10 (3) A description of available capabilities and

11 resources of each department and agency of the

12 United States Government that could be used in

13 support of stabilization and reconstruction oper14 ations, and an identification of additional resources

15 needed to support the conduct of stabilization and

16 reconstruction activities.

17 (4) A description of how the capabilities and re18 sources of the departments and agencies of the

19 United States Government under stabilization and

20 reconstruction operations will be coordinated.

21 (5) A description of existing, or planned, proto22 cols between departments and agencies of the United

23 States Government on the utilization and allocation

24 of assets in field operations under stabilization and

25 reconstruction operations.
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1 (6) Recommendations for improving interagency

2 training, education, and simulation exercises in

3 order to adequately prepare civilian and military

4 personnel in the departments and agencies of the

5 United States Government to perform stabilization

6 and reconstruction operations.

7 (7) A discussion of the statutory and budgetary

8 impediments, if any, that prevent civilian agencies of

9 the United States Government from fully and effec10 tively participating in stabilization and reconstruc11 tion operations, and recommendations for legislative

12 or administration actions to enhance the ability of

13 the United States Government to conduct stabiliza14 tion and reconstruction operations.

15 (8) Guidance for the implementation of the

16 plan.

17 SEC. 1223. REPEAL OF CERTAIN REPORT REQUIREMENTS.

18 (a) REPORTS ON ALLIED CONTRIBUTIONS TO THE

19 COMMON DEFENSE.—Section 1003 of the Department of

20 Defense Authorization Act, 1985 (22 U.S.C. 1928 note)

21 is amended by striking subsections (c) and (d).

22 (b) COST-SHARING REPORT.—Section 1313 of the

23 National Defense Authorization Act for Fiscal Year 1995

24 (Public Law 103–337; 108 Stat. 2894; 22 U.S.C. 1928

25 note) is amended—
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1 (1) by striking subsection (c); and

2 (2) by redesignating subsection (d) as sub3 section (c).

4 SEC. 1224. REPORTS ON THE DARFUR PEACE AGREEMENT.

5 Not later than 60 days after the date of the enact6 ment of this Act, annually thereafter, the Secretary of De7 fense shall submit to the Committee on Armed Services

8 of the Senate and the Committee on Armed Services of

9 the House of Representatives a detailed report on the De10 partment of Defense’s role in assisting the parties to the

11 Darfur Peace Agreement of May 5, 2006 with imple12 menting that Agreement. Each such report shall include

13 a description of—

14 (1) the assets that the United States military,

15 in concert with the United States North Atlantic

16 Treaty Organisation (NATO) allies, are able to offer

17 the African Union Mission in Sudan (AMIS) and

18 any United Nations peacekeeping mission authorized

19 for Darfur;

20 (2) any plans of the Secretary of Defense to

21 support the AMIS by providing information regard22 ing the location of belligerents and potential viola23 tions of the Darfur Peace Agreement and assistance

24 to improve the AMIS use of intelligence and tactical

25 mobility;
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1 (3) the resources that will be used during the

2 current fiscal year to provide the support described

3 in paragraph (2) and the resources that will be

4 needed during the next fiscal year to provide such

5 support;

6 (4) the efforts of the Secretary of Defense and

7 Secretary of State to leverage troop contributions

8 from other countries to serve in the proposed United

9 Nation peacekeeping mission for Darfur;

10 (5) any plans of the Secretary of Defense to

11 participate in the deployment of any NATO men12 toring or technical assistance teams to Darfur to as13 sist the AMIS; and

14 (6) any actions carried out by the Secretary of

15 Defense to address deficiencies in the AMIS commu16 nications systems, particularly the interoperability of

17 communications equipment.

18 TITLE XIII—COOPERATIVE

19 THREAT REDUCTION WITH

20 STATES OF THE FORMER SO21 VIET UNION

22 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE23 DUCTION PROGRAMS AND FUNDS.

24 (a) SPECIFICATION OF CTR PROGRAMS.—For pur25 poses of section 301 and other provisions of this Act, Co-
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1 operative Threat Reduction programs are the programs

2 specified in section 1501(b) of the National Defense Au3 thorization Act for Fiscal Year 1997 (Public Law 104–

4 201; 110 Stat. 2731; 50 U.S.C. 2362 note).

5 (b) FISCAL YEAR 2007 COOPERATIVE THREAT RE6 DUCTION FUNDS DEFINED.—As used in this title, the

7 term ‘‘fiscal year 2007 Cooperative Threat Reduction

8 funds’’ means the funds appropriated pursuant to the au9 thorization of appropriations in section 301 for Coopera10 tive Threat Reduction programs.

11 (c) AVAILABILITY OF FUNDS.—Funds appropriated

12 pursuant to the authorization of appropriations in section

13 301 for Cooperative Threat Reduction programs shall be

14 available for obligation for three fiscal years.

15 SEC. 1302. FUNDING ALLOCATIONS.

16 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the

17 $372,128,000 authorized to be appropriated to the De18 partment of Defense for fiscal year 2007 in section

19 301(19) for Cooperative Threat Reduction programs, the

20 following amounts may be obligated for the purposes spec21 ified:

22 (1) For strategic offensive arms elimination in

23 Russia, $77,000,000.

24 (2) For nuclear weapons storage security in

25 Russia, $87,100,000.
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1 (3) For nuclear weapons transportation security

2 in Russia, $33,000,000.

3 (4) For weapons of mass destruction prolifera4 tion prevention in the states of the former Soviet

5 Union, $37,500,000.

6 (5) For biological weapons proliferation preven7 tion in the former Soviet Union, $68,400,000.

8 (6) For chemical weapons destruction in Rus9 sia, $42,700,000.

10 (7) For defense and military contacts,

11 $8,000,000.

12 (8) For activities designated as Other Assess13 ments/Administrative Support, $18,500,000.

14 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

15 FUNDS FOR OTHER PURPOSES.—No fiscal year 2007 Co16 operative Threat Reduction funds may be obligated or ex17 pended for a purpose other than a purpose listed in para18 graphs (1) through (8) of subsection (a) until 30 days

19 after the date that the Secretary of Defense submits to

20 Congress a report on the purpose for which the funds will

21 be obligated or expended and the amount of funds to be

22 obligated or expended. Nothing in the preceding sentence

23 shall be construed as authorizing the obligation or expend24 iture of fiscal year 2007 Cooperative Threat Reduction

25 funds for a purpose for which the obligation or expendi-
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1 ture of such funds is specifically prohibited under this title

2 or any other provision of law.

3 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

4 AMOUNTS.—

5 (1) AUTHORITY.—Subject to paragraphs (2)

6 and (3), in any case in which the Secretary of De7 fense determines that it is necessary to do so in the

8 national interest, the Secretary may obligate

9 amounts appropriated for fiscal year 2007 for a pur10 pose listed in any of the paragraphs in subsection

11 (a) in excess of the specific amount authorized for

12 that purpose.

13 (2) NOTICE AND WAIT.—An obligation of funds

14 for a purpose stated in any of the paragraphs in

15 subsection (a) in excess of the specific amount au16 thorized for such purpose may be made using the

17 authority provided in paragraph (1) only after—

18 (A) the Secretary submits to Congress no19 tification of the intent to do so together with a

20 complete discussion of the justification for

21 doing so; and

22 (B) 15 days have elapsed following the

23 date of the notification.

24 (3) LIMITATION.—The Secretary may not,

25 under the authority provided in paragraph (1), obli-
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1 gate amounts for a purpose stated in any of para2 graphs (6) through (8) of subsection (a) in excess of

3 125 percent of the specific amount authorized for

4 such purpose.

5 SEC. 1303. EXTENSION OF TEMPORARY AUTHORITY TO

6 WAIVE LIMITATION ON FUNDING FOR CHEM7 ICAL WEAPONS DESTRUCTION FACILITY IN

8 RUSSIA.

9 Section 1303(b) of the Ronald W. Reagan National

10 Defense Authorization Act for Fiscal Year 2005 (Public

11 Law 108–375; 118 Stat. 2094; 22 U.S.C. 5952 note) is

12 amended by striking ‘‘December 31, 2006, and no waiver

13 shall remain in effect after that date’’ and inserting ‘‘De14 cember 31, 2011’’.

15 SEC. 1304. REMOVAL OF CERTAIN RESTRICTIONS ON PRO16 VISION OF COOPERATIVE THREAT REDUC17 TION ASSISTANCE.

18 (a) REPEAL OF RESTRICTIONS.—

19 (1) SOVIET NUCLEAR THREAT REDUCTION ACT

20 OF 1991.—Section 211(b) of the Soviet Nuclear

21 Threat Reduction Act of 1991 (title II of Public

22 Law 102–228; 22 U.S.C. 2551 note) is repealed.

23 (2) COOPERATIVE THREAT REDUCTION ACT OF

24 1993.—Section 1203(d) of the Cooperative Threat
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1 Reduction Act of 1993 (title XII of Public Law

2 103–160; 22 U.S.C. 5952(d)) is repealed.

3 (3) RUSSIAN CHEMICAL WEAPONS DESTRUC4 TION FACILITIES.—Section 1305 of the National De5 fense Authorization Act for Fiscal Year 2000 (Pub6 lic Law 106–65; 22 U.S.C. 5952 note) is repealed.

7 (b) INAPPLICABILITY OF OTHER RESTRICTIONS.—

8 Section 502 of the Freedom for Russia and Emerging

9 Eurasian Democracies and Open Markets Support Act of

10 1992 (Public Law 102–511; 106 Stat. 3338; 22 U.S.C.

11 5852) shall not apply to any Cooperative Threat Reduc12 tion program.

13 TITLE XIV—AUTHORIZATION

14 FOR INCREASED COSTS DUE

15 TO OPERATION IRAQI FREE16 DOM AND OPERATION EN17 DURING FREEDOM

18 SEC. 1401. PURPOSE.

19 The purpose of this title is to authorize anticipated

20 future emergency supplemental appropriations for the De21 partment of Defense for fiscal year 2007 to provide funds

22 for additional costs due to Operation Iraqi Freedom and

23 Operation Enduring Freedom.
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1 SEC. 1402. ARMY PROCUREMENT.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 2007 for procurement accounts of the Army

4 in amounts as follows:

5 (1) For aircraft, $404,100,000.

6 (2) For missile procurement, $450,000,000.

7 (3) For weapons and tracked combat vehicles,

8 $214,400,000.

9 (4) For other procurement, $686,600,000.

10 SEC. 1403. MARINE CORPS PROCUREMENT.

11 Funds are hereby authorized to be appropriated for

12 fiscal year 2007 for the procurement account for the Ma13 rine Corps in the amount of $319,800,000.

14 SEC. 1404. AIR FORCE PROCUREMENT.

15 Funds are hereby authorized to be appropriated for

16 fiscal year 2007 for the aircraft procurement account for

17 the Air Force in the amount of $51,800,000.

18 SEC. 1405. OPERATION AND MAINTENANCE.

19 Funds are hereby authorized to be appropriated for

20 fiscal year 2007 for the use of the Armed Forces for ex21 penses, not otherwise provided for, for operation and

22 maintenance, in amounts as follows:

23 (1) For the Army, $22,124,466,000.

24 (2) For the Navy, $2,349,560,000.

25 (3) For the Marine Corps, $1,544,920,000.

26 (4) For the Air Force, $2,779,898,000.
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1 (5) For Defense-wide activities,

2 $3,388,402,000.

3 (6) For the Army National Guard,

4 $59,000,000.

5 SEC. 1406. DEFENSE HEALTH PROGRAM.

6 Funds are hereby authorized to be appropriated for

7 the Department of Defense for fiscal year 2007 for ex8 penses, not otherwise provided for, for the Defense Health

9 Program in the amount of $960,200,000 for operation and

10 maintenance.

11 SEC. 1407. MILITARY PERSONNEL.

12 There is hereby authorized to be appropriated to the

13 Department of Defense for fiscal year 2007 for military

14 personnel accounts a total of $7,335,872,000.

15 SEC. 1408. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT

16 FUND.

17 There is hereby authorized to be appropriated to the

18 Department of Defense for fiscal year for the Joint Impro19 vised Explosive Device Defeat Fund a total of

20 $2,100,000,000.

21 SEC. 1409. CLASSIFIED PROGRAMS.

22 There is hereby authorized to be appropriated to the

23 Department of Defense for fiscal year 2007 for classified

24 programs a total of $3,000,000,000.
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1 SEC. 1410. IRAQ FREEDOM FUND.

2 (a) IN GENERAL.—Funds are hereby authorized to

3 be appropriated for fiscal year 2007 for the Iraq Freedom

4 Fund in the amount of $2,230,982,000.

5 (b) TRANSFER.—

6 (1) TRANSFER AUTHORIZED.—Subject to para7 graph (2), amounts authorized to be appropriated by

8 subsection (a) may be transferred from the Iraq

9 Freedom Fund to any accounts as follows:

10 (A) Operation and maintenance accounts

11 of the Armed Forces.

12 (B) Military personnel accounts.

13 (C) Research, development, test, and eval14 uation accounts of the Department of Defense.

15 (D) Procurement accounts of the Depart16 ment of Defense.

17 (E) Accounts providing funding for classi18 fied programs.

19 (F) The operating expenses account of the

20 Coast Guard.

21 (2) NOTICE TO CONGRESS.—A transfer may not

22 be made under the authority in paragraph (1) until

23 five days after the date on which the Secretary of

24 Defense notifies the congressional defense commit25 tees in writing of the transfer.
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1 (3) TREATMENT OF TRANSFERRED FUNDS.—

2 Amounts transferred to an account under the au3 thority in paragraph (1) shall be merged with

4 amounts in such account and shall be made available

5 for the same purposes, and subject to the same con6 ditions and limitations, as amounts in such account.

7 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A

8 transfer of an amount to an account under the au9 thority in paragraph (1) shall be deemed to increase

10 the amount authorized for such account by an

11 amount equal to the amount transferred.

12 SEC. 1411. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

13 The amounts authorized to be appropriated by this

14 title are in addition to amounts otherwise authorized to

15 be appropriated by this Act.

16 SEC. 1412. TRANSFER AUTHORITY.

17 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

18 (1) AUTHORITY.—Upon determination by the

19 Secretary of Defense that such action is necessary in

20 the national interest, the Secretary may transfer

21 amounts of authorizations made available to the De22 partment of Defense in this title for fiscal year 2007

23 between any such authorizations for that fiscal year

24 (or any subdivisions thereof). Amounts of authoriza25 tions so transferred shall be merged with and be
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1 available for the same purposes as the authorization

2 to which transferred.

3 (2) LIMITATION.—The total amount of author4 izations that the Secretary may transfer under the

5 authority of this section may not exceed

6 $2,500,000,000. The transfer authority provided in

7 this section is in addition to any other transfer au8 thority available to the Secretary of Defense.

9 (b) LIMITATIONS.—The authority provided by this

10 section to transfer authorizations—

11 (1) may only be used to provide authority for

12 items that have a higher priority than the items

13 from which authority is transferred;

14 (2) may not be used to provide authority for an

15 item that has been denied authorization by Con16 gress; and

17 (3) may not be combined with the authority

18 under section 1001.

19 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A

20 transfer made from one account to another under the au21 thority of this section shall be deemed to increase the

22 amount authorized for the account to which the amount

23 is transferred by an amount equal to the amount trans24 ferred.
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1 (d) NOTICE TO CONGRESS.—A transfer may be made

2 under the authority of this section only after the Secretary

3 of Defense—

4 (1) consults with the chairmen and ranking

5 members of the congressional defense committees

6 with respect to the proposed transfer; and

7 (2) after such consultation, notifies those com8 mittees in writing of the proposed transfer not less

9 than five days before the transfer is made.

10 SEC. 1413. AVAILABILITY OF FUNDS.

11 Funds in this title shall be made available for obliga12 tion to the Army, Navy, Marine Corps, Air Force, and

13 Defense-wide components by the end of the second quarter

14 of fiscal year 2007.

15 SEC. 1414. AMOUNT FOR PROCUREMENT OF HEMOSTATIC

16 AGENTS FOR USE IN THE FIELD.

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that every member of the Armed Forces deployed

19 in a combat zone should carry life saving resources on

20 them, including hemostatic agents.

21 (b) AVAILABILITY OF FUNDS.—(1) Of the amount

22 authorized under section 1405(1) for operation and main23 tenance for the Army, $15,000,000 may be made available

24 for the procurement of a sufficient quantity of hemostatic

25 agents, including blood-clotting bandages, for use by mem-
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1 bers of the Armed Forces in the field so that each soldier

2 serving in Iraq and Afghanistan is issued at least one he3 mostatic agent and accompanying medical personnel have

4 a sufficient inventory of hemostatic agents.

5 (2) Of the amount authorized under section 1405(3)

6 for operation and maintenance for the Marine Corps,

7 $5,000,000 may be made available for the procurement

8 of a sufficient quantity of hemostatic agents, including

9 blood-clotting bandages, for use by members of the Armed

10 Forces in the field so that each Marine serving in Iraq

11 and Afghanistan is issued at least one hemostatic agent

12 and accompanying medical personnel have a sufficient in13 ventory of hemostatic agents.

14 (c) REPORT.—Not later than 60 days after the date

15 of the enactment of this Act, the Secretary of Defense

16 shall submit to the congressional defense committees a re17 port on the distribution of hemostatic agents to members

18 of the Armed Forces serving in Iraq and Afghanistan, in19 cluding a description of any distribution problems and at20 tempts to resolve such problems.

21 SEC. 1415. OUR MILITARY KIDS YOUTH SUPPORT PRO22 GRAM.

23 (a) ARMY FUNDING FOR EXPANSION OF PRO24 GRAM.—Of the amount authorized to be appropriated by

25 section 1405(1) for operation and maintenance for the
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1 Army, $1,500,000 may be available for the expansion na2 tionwide of the Our Military Kids youth support program

3 for dependents of elementary and secondary school age of

4 members of the National Guard and Reserve who are se5 verely wounded or injured during deployment.

6 (b) ARMY NATIONAL GUARD FUNDING FOR EXPAN7 SION OF PROGRAM.—Of the amount authorized to be ap8 propriated by section 1405(6) for operation and mainte9 nance for the Army National Guard, $500,000 may be

10 available for the expansion nationwide of the Our Military

11 Kids youth support program.

12 SEC. 1416. JOINT ADVERTISING, MARKET RESEARCH AND

13 STUDIES PROGRAM.

14 (a) INCREASE IN AMOUNT FOR OPERATION AND

15 MAINTENANCE, DEFENSE-WIDE.—The amount author16 ized to be appropriated by section 301(5) for operation

17 and maintenance for Defense-wide activities, is hereby in18 creased by $10,000,000.

19 (b) AVAILABILITY OF AMOUNT.—Of the amount au20 thorized to be appropriated by section 1405(5) for oper21 ation and maintenance for Defense-wide activities, as in22 creased by subsection (a), $10,000,000 may be available

23 for the Joint Advertising, Market Research and Studies

24 (JAMRS) program.
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1 (c) OFFSET.—The amount authorized to be appro2 priated by section 421 for military personnel is hereby de3 creased by $10,000,000, due to unexpended obligations,

4 if available.

5 SEC. 1417. REPORT.

6 Not later than 120 days after the date of enactment

7 of this Act, the Secretary of Defense shall submit to the

8 Committees on Armed Services of the Senate and House

9 of Representatives a report on how the data, including so10 cial security numbers, contained in the Joint Advertising,

11 Market Research and Studies (JAMRS) program is main12 tained and protected, including the security measures in

13 place to prevent unauthorized access or inadvertent disclo14 sure of the data that could lead to identity theft.

15 SEC. 1418. SUBMITTAL TO CONGRESS OF DEPARTMENT OF

16 DEFENSE SUPPLEMENTAL AND COST OF WAR

17 EXECUTION REPORTS.

18 Section 1221(c) of the National Defense Authoriza19 tion Act for Fiscal Year 2006 (Public Law 109–163; 119

20 Stat. 3462; 10 U.S.C. 113 note) is amended—

21 (1) in the subsection caption by inserting

22 ‘‘CONGRESS AND’’ after ‘‘SUBMISSION TO’’; and

23 (2) by inserting ‘‘the congressional defense

24 committees and’’ before ‘‘the Comptroller General’’.
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1 SEC. 1419. LIMITATION ON AVAILABILITY OF FUNDS FOR

2 CERTAIN PURPOSES RELATING TO IRAQ.

3 No funds authorized to be appropriated by this Act

4 may be obligated or expended for a purpose as follows:

5 (1) To establish a permanent United States

6 military installation or base in Iraq.

7 (2) To exercise United States control over the

8 oil resources of Iraq.

Passed the Senate June 22, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 2767

AN ACT

To authorize appropriations for fiscal year 2007 for

poses.year for the Armed Forces, and for other purto prescribe personnel strengths for such fiscalmilitary activities of the Department of Defense,