H. R. 5122

One Hundred Ninth Congress

of the

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and six 

An Act 

To authorize appropriations for fiscal year 2007 for military activities of the

Department of Defense, for military construction, and for defense activities of 

the Department of Energy, to prescribe military personnel strengths for such 

fiscal year, and for other purposes.

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; FINDINGS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘John Warner 

National Defense Authorization Act for Fiscal Year 2007’’. 

(b) FINDINGS.—Congress makes the following findings: 

(1) Senator John Warner of Virginia was elected a member 

of the United States Senate on November 7, 1978, for a full 

term beginning on January 3, 1979. He was subsequently 

appointed by the Governor of Virginia to fill a vacancy on 

January 2, 1979, and has served continuously since that date. 

He was appointed a member of the Committee on Armed Services in January 1979, and has served continuously on the 

Committee since that date, a period of nearly 28 years. Senator 

Warner’s service on the Committee represents nearly half of 

its existence since it was established after World War II. 

(2) Senator Warner came to the Senate and the Committee 

on Armed Services after a distinguished record of service to 

the Nation, including combat service in the Armed Forces and 

high civilian office. 

(3) Senator Warner enlisted in the United States Navy 

upon graduation from high school in 1945, and served until 

the summer of 1946, when he was discharged as a Petty Officer 

3rd Class. He then attended Washington and Lee University 

on the G.I. Bill. He graduated in 1949 and entered the University of Virginia Law School. 

(4) Upon the outbreak of the Korean War in 1950, Senator 

Warner volunteered for active duty, interrupting his education 

to accept a commission in the United States Marine Corps. 

He served in combat in Korea as a ground officer in the First 

Marine Air Wing. Following his active service, he remained 

in the Marine Corps Reserve for several years, attaining the 

rank of captain. 

(5) Senator Warner resumed his legal education upon 

returning from the Korean War and graduated from the University of Virginia Law School in 1953. He was selected by the 

late Chief Judge E. Barrett Prettyman of the United States 

Court of Appeals for the District of Columbia Circuit as his 

law clerk. After his service to Judge Prettyman, Senator Warner 
H. R. 5122—2

became an Assistant United States Attorney in the District 

of Columbia, and later entered private law practice. 

(6) In 1969, the Senate gave its advice and consent to 

the appointment of Senator Warner as Under Secretary of 

the Navy. He served in this position until 1972, when he 

was confirmed and appointed as the 61st Secretary of the 

Navy since the office was established in 1798. As Secretary, 

Senator Warner was the principal United States negotiator 

and signatory of the Incidents at Sea Executive Agreement 

with the Soviet Union, which was signed in 1972 and remains 

in effect today. It has served as the model for similar agreements between states covering the operation of naval ships 

and aircraft in international sea lanes throughout the world. 

(7) Senator Warner left the Department of the Navy in 

1974. His next public service was as Administrator of the 

American Revolution Bicentennial Commission. In this 

capacity, he coordinated the celebration of the Nation’s 

founding, directing the Federal role in all 50 States and in 

over 20 foreign nations. 

(8) Senator Warner has served as chairman of the Committee on Armed Services of the United States Senate from 

1999 to 2001, and again since January 2003. He served as 

ranking minority member of the committee from 1987 to 1993, 

and again from 2001 to 2003. Senator Warner concludes his 

service as chairman at the end of the 109th Congress, but 

will remain a member of the committee. 

(9) This Act is the twenty-eighth annual authorization Act 

for the Department of Defense for which Senator Warner has 

taken a major responsibility as a member of the Committee 

on Armed Services of the United States Senate, and the fourteenth for which he has exercised a leadership role as chairman 

or ranking minority member of the committee. 

(10) Senator Warner, as seaman, Marine officer, Under 

Secretary and Secretary of the Navy, and member, ranking 

minority member, and chairman of the Committee on Armed 

Services of the United States Senate, has made unique and 

lasting contributions to the national security of the United 

States. 

(11) It is altogether fitting and proper that this Act, the 

last annual authorization Act for the national defense managed 

by Senator Warner in and for the United States Senate as 

chairman of the Committee on Armed Services, be named in 

his honor, as provided in subsection (a). 

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 

(a) DIVISIONS.—This Act is organized into three divisions as 

follows: 

(1) Division A—Department of Defense Authorizations. 

(2) Division B—Military Construction Authorizations. 

(3) Division C—Department of Energy National Security 

Authorizations and Other Authorizations. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows:

Sec. 1. Short title; findings. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 
H. R. 5122—3

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. Sense of Congress on future multiyear procurement authority for Family 

of Medium Tactical Vehicles. 

Sec. 112. Multiyear procurement authority for MH–60R helicopters and mission 

equipment. 

Sec. 113. Funding profile for Modular Force Initiative of the Army. 

Sec. 114. Bridge to Future Networks program. 

Sec. 115. Comptroller General report on the contract for the Future Combat Systems program. 

Sec. 116. Priority for allocation of replacement equipment to operational units 

based on combat mission deployment schedule. 

Subtitle C—Navy Programs 

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

Sec. 122. Adherence to Navy cost estimates for CVN–21 class of aircraft carriers. 

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

carrier. 

Sec. 124. Construction of first two vessels under the DDG–1000 Next-Generation 

Destroyer program. 

Sec. 125. Adherence to Navy cost estimates for LHA Replacement amphibious assault ship program. 

Sec. 126. Cost limitation for San Antonio (LPD–17) class amphibious ship program. 

Sec. 127. Multiyear procurement authority for V–22 tiltrotor aircraft program. 

Sec. 128. Alternative technologies for future surface combatants. 

Sec. 129. Sense of Congress regarding the size of the attack submarine force. 

Sec. 130. Quality control in procurement of ship critical safety items and related 

services. 

Subtitle D—Air Force Programs 

Sec. 131. Bomber force structure. 

Sec. 132. Strategic airlift force structure. 

Sec. 133. Limitation on retirement of U–2 aircraft. 

Sec. 134. Multiyear procurement authority for F–22A Raptor fighter aircraft. 

Sec. 135. Limitation on retirement of KC–135E aircraft during fiscal year 2007. 

Sec. 136. Limitation on retirement of F–117A aircraft during fiscal year 2007. 

Sec. 137. Limitation on retirement of C–130E tactical airlift aircraft. 

Sec. 138. Procurement of Joint Primary Aircraft Training System aircraft after fiscal year 2006. 

Sec. 139. Minuteman III intercontinental ballistic missile modernization. 

Subtitle E—Joint and Multiservice Matters 

Sec. 141. Clarification of limitation on initiation of new unmanned aerial vehicle 

systems. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Acquisition of, and independent cost analyses for, the Joint Strike Fighter 

propulsion system. 

Sec. 212. Expansion and extension of authority to award prizes for advanced technology achievements. 

Sec. 213. Defense Acquisition Challenge Program extension, enhancement, and 

modification to address critical cost growth threshold breaches in major 

defense acquisition programs. 

Sec. 214. Future Combat Systems milestone review. 

Sec. 215. Dedicated amounts for implementing or evaluating Navy shipbuilding 

technology proposals under Defense Acquisition Challenge Program. 
H. R. 5122—4

Sec. 216. Independent estimate of costs of the Future Combat Systems. 

Sec. 217. Funding of defense science and technology programs. 

Sec. 218. Hypersonics development. 

Sec. 219. Report on program for replacement of nuclear warheads on certain Trident sea-launched ballistic missiles with conventional warheads. 

Subtitle C—Missile Defense Programs 

Sec. 221. Fielding of ballistic missile defense capabilities. 

Sec. 222. Limitation on use of funds for space-based interceptor. 

Sec. 223. Policy of the United States on priorities in the development, testing, and 

fielding of missile defense capabilities. 

Sec. 224. One-year extension of Comptroller General assessments of ballistic missile defense programs. 

Sec. 225. Submittal of plans for test and evaluation of the operational capability of 

the Ballistic Missile Defense System. 

Sec. 226. Annual reports on transition of ballistic missile defense programs to the 

military departments. 

Subtitle D—Other Matters 

Sec. 231. Policies and practices on test and evaluation to address emerging acquisition approaches. 

Sec. 232. Extension of requirement for Global Research Watch Program. 

Sec. 233. Sense of Congress on technology sharing of Joint Strike Fighter technology. 

Sec. 234. Report on vehicle-based active protection systems for certain battlefield 

threats. 

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—Environmental Provisions 

Sec. 311. Revision of requirement for unexploded ordnance program manager. 

Sec. 312. Funding of cooperative agreements under environmental restoration program. 

Sec. 313. Response plan for remediation of unexploded ordnance, discarded military 

munitions, and munitions constituents. 

Sec. 314. Research on effects of ocean disposal of munitions. 

Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in 

connection with Moses Lake Wellfield Superfund Site, Moses Lake, 

Washington. 

Sec. 316. Transfer of Government-furnished uranium stored at Sequoyah Fuels 

Corporation, Gore, Oklahoma. 

Sec. 317. Extension of authority to grant exemptions to certain requirements. 

Sec. 318. National Academy of Sciences study on human exposure to contaminated 

drinking water at Camp Lejeune, North Carolina. 

Subtitle C—Program Requirements, Restrictions, and Limitations 

Sec. 321. Limitation on financial management improvement and audit initiatives 

within the Department of Defense. 

Sec. 322. Funds for exhibits for the national museums of the Armed Forces. 

Sec. 323. Prioritization of funds for equipment readiness and strategic capability. 

Sec. 324. Limitation on deployment of Marine Corps Total Force System to Navy. 

Subtitle D—Workplace and Depot Issues 

Sec. 331. Permanent exclusion of certain contract expenditures from percentage 

limitation on the performance of depot-level maintenance. 

Sec. 332. Minimum capital investment for certain depots. 

Sec. 333. Extension of temporary authority for contractor performance of security 

guard functions. 

Subtitle E—Reports 

Sec. 341. Report on Navy Fleet Response Plan. 

Sec. 342. Report on Navy surface ship rotational crew programs. 

Sec. 343. Report on Army live-fire ranges in Hawaii. 

Sec. 344. Comptroller General report on joint standards and protocols for access 

control systems at Department of Defense installations. 
H. R. 5122—5

Sec. 345. Comptroller General report on readiness of Army and Marine Corps 

ground forces. 

Sec. 346. Report on Air Force safety requirements for Air Force flight training operations at Pueblo Memorial Airport, Colorado. 

Sec. 347. Annual report on Personnel Security Investigations for Industry and National Industrial Security Program. 

Sec. 348. Five-year extension of annual report on training range sustainment plan 

and training range inventory. 

Sec. 349. Reports on withdrawal or diversion of equipment from reserve units for 

support of reserve units being mobilized and other units. 

Subtitle F—Other Matters 

Sec. 351. Department of Defense strategic policy on prepositioning of materiel and 

equipment. 

Sec. 352. Authority to make Department of Defense horses available for adoption. 

Sec. 353. Sale and use of proceeds of recyclable munitions materials. 

Sec. 354. Recovery and transfer to Corporation for the Promotion of Rifle Practice 

and Firearms Safety of certain firearms, ammunition, and parts granted 

to foreign countries. 

Sec. 355. Extension of Department of Defense telecommunications benefit program. 

Sec. 356. Extension of availability of funds for commemoration of success of the 

Armed Forces in Operation Enduring Freedom and Operation Iraqi 

Freedom. 

Sec. 357. Capital security cost sharing. 

Sec. 358. Utilization of fuel cells as back-up power systems in Department of Defense operations. 

Sec. 359. Improving Department of Defense support for civil authorities. 

Sec. 360. Energy efficiency in weapons platforms. 

Sec. 361. Prioritization of funds within Navy mission operations, ship maintenance, 

combat support forces, and weapons system support. 

Sec. 362. Provision of adequate storage space to secure personal property outside 

of assigned military family housing unit. 

Sec. 363. Expansion of payment of replacement value of personal property damaged 

during transport at Government expense.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Sec. 403. Additional authority for increases of Army and Marine Corps active duty 

end strengths for fiscal years 2008 and 2009. 

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 age for mandatory retirement for active-duty general and 

flag officers. 

Sec. 503. Increased mandatory retirement ages for reserve officers. 

Sec. 504. Standardization of grade of senior dental officer of the Air Force with that 

of senior dental officer of the Army. 

Sec. 505. Management of chief warrant officers. 

Sec. 506. 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). 
H. R. 5122—6

Sec. 507. Grade and exclusion from active-duty general and flag officer distribution 

and strength limitations of officer serving as Attending Physician to the 

Congress. Sec. 508. Modification of qualifications for leadership of the Naval Postgraduate 

School. 

PART II—OFFICER PROMOTION POLICY

Sec. 511. Revisions to authorities relating to authorized delays of officer promotions. 

Sec. 512. Consideration of adverse information by selection boards in recommendations on officers to be promoted. Sec. 513. Expanded authority for removal from reports of selection boards of officers recommended for promotion to grades below general and flag 

grades. Sec. 514. Special selection board authorities. 

Sec. 515. Removal from promotion list of officers not promoted within 18 months 

of approval of list by the President. 

PART III—JOINT OFFICER MANAGEMENT REQUIREMENTS

Sec. 516. Modification and enhancement of general authorities on management of 

officers who are joint qualified. Sec. 517. Modification of promotion policy objectives for joint officers. 

Sec. 518. Applicability of joint duty assignment requirements limited to graduates 

of National Defense University schools. Sec. 519. Modification of certain definitions relating to jointness. 

Subtitle B—Reserve Component Matters 

PART I—RESERVE COMPONENT MANAGEMENT

Sec. 521. Recognition of former Representative G. V. ‘Sonny’ Montgomery for his 30 

years of service in the House of Representatives. Sec. 522. Revisions to reserve call-up authority. 

Sec. 523. Military retirement credit for certain service by National Guard members 

performed while in a State duty status immediately after the terrorist 

attacks of September 11, 2001. 

PART II—AUTHORITIES RELATING TO GUARD AND RESERVE DUTY

Sec. 524. Title 10 definition of Active Guard and Reserve duty. 

Sec. 525. Authority for Active Guard and Reserve duties to include support of operational missions assigned to the reserve components and instruction and 

training of active-duty personnel. 

Sec. 526. Governor’s authority to order members to Active Guard and Reserve duty. 

Sec. 527. Expansion of operations of civil support teams. 

Sec. 528. Modification of authorities relating to the Commission on the National 

Guard and Reserves. 

Sec. 529. Additional matters to be reviewed by Commission on the National Guard 

and Reserves. 

Subtitle C—Education and Training 

PART I—SERVICE ACADEMIES

Sec. 531. Expansion of service academy exchange programs with foreign military 

academies. 

Sec. 532. Revision and clarification of requirements with respect to surveys and reports concerning sexual harassment and sexual violence at the service 

academies. 

Sec. 533. Department of Defense policy on service academy and ROTC graduates 

seeking to participate in professional sports before completion of their 

active-duty service obligations. 

PART II—SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAMS

Sec. 535. Authority to permit members who participate in the guaranteed reserve 

forces duty scholarship program to participate in the health professions 

scholarship program and serve on active duty. 

Sec. 536. Detail of commissioned officers as students at medical schools. 

Sec. 537. Increase in maximum amount of repayment under education loan repayment for officers in specified health professions. 

Sec. 538. Health Professions Scholarship and Financial Assistance Program for Active Service. 

PART III—JUNIOR ROTC PROGRAM

Sec. 539. Junior Reserve Officers’ Training Corps instructor qualifications. 
H. R. 5122—7

Sec. 540. Expansion of members eligible to be employed to provide Junior Reserve 

Officers’ Training Corps instruction. Sec. 541. Expansion of Junior Reserve Officers’ Training Corps program. 

Sec. 542. Review of legal status of Junior ROTC program. 

PART IV—OTHER EDUCATION AND TRAINING PROGRAMS

Sec. 543. Expanded eligibility for enlisted members for instruction at Naval Postgraduate School. 

Subtitle D—General Service Authorities 

Sec. 546. Test of utility of test preparation guides and education programs in enhancing recruit candidate performance on the Armed Services Vocational Aptitude Battery (ASVAB) and Armed Forces Qualification Test 

(AFQT). 

Sec. 547. Clarification of nondisclosure requirements applicable to certain selection 

board proceedings. 

Sec. 548. Report on extent of provision of timely notice of long-term deployments. 

Subtitle E—Military Justice Matters 

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

Armed Forces ordered to duty overseas in inactive duty for training status. 

Sec. 552. Clarification of application of Uniform Code of Military Justice during a 

time of war. 

Subtitle F—Decorations and Awards 

Sec. 555. Authority for presentation of Medal of Honor Flag to living Medal of 

Honor recipients and to living primary next-of-kin of deceased Medal of 

Honor recipients. 

Sec. 556. Review of eligibility of prisoners of war for award of the Purple Heart. 

Sec. 557. Report on Department of Defense process for awarding decorations. 

Subtitle G—Matters Relating to Casualties 

Sec. 561. Authority for retention after separation from service of assistive technology and devices provided while on active duty. 

Sec. 562. Transportation of remains of casualties dying in a theater of combat operations. 

Sec. 563. Annual budget display of funds for POW/MIA activities of Department 

of Defense. 

Sec. 564. Military Severely Injured Center. 

Sec. 565. Comprehensive review on procedures of the Department of Defense on 

mortuary affairs. 

Sec. 566. Additional elements of policy on casualty assistance to survivors of military decedents. 

Sec. 567. Requirement for deploying military medical personnel to be trained in 

preservation of remains under combat or combat-related conditions. 

Subtitle H—Impact Aid and Defense Dependents Education System 

Sec. 571. Enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe. 

Sec. 572. Continuation of authority to assist local educational agencies that benefit 

dependents of members of the Armed Forces and Department of Defense 

civilian employees. 

Sec. 573. Impact aid for children with severe disabilities. 

Sec. 574. Plan and authority to assist local educational agencies experiencing 

growth in enrollment due to force structure changes, relocation of military units, or base closures and realignments. 

Sec. 575. Pilot program on parent education to promote early childhood education 

for dependent children affected by military deployment or relocation of 

military units. 

Subtitle I—Armed Forces Retirement Home 

Sec. 578. Report on leadership and management of the Armed Forces Retirement 

Home. 

Sec. 579. Report on Local Boards of Trustees of the Armed Forces Retirement 

Home. 

Subtitle J—Reports 

Sec. 581. Report on personnel requirements for airborne assets identified as LowDensity, High-Demand Airborne Assets. 
H. R. 5122—8

Sec. 582. Report on feasibility of establishment of Military Entrance Processing 

Command station on Guam. 

Sec. 583. Inclusion in annual Department of Defense report on sexual assaults of 

information on results of disciplinary actions. 

Sec. 584. Report on provision of electronic copy of military records on discharge or 

release of members from the Armed Forces. 

Sec. 585. Report on omission of social security account numbers from military identification cards. 

Sec. 586. Report on maintenance and protection of data held by the Secretary of 

Defense as part of the Department of Defense Joint Advertising, Market 

Research and Studies (JAMRS) program. 

Sec. 587. Comptroller General report on military conscientious objectors. 

Subtitle K—Other Matters 

Sec. 591. Modification in Department of Defense contributions to Military Retirement Fund. 

Sec. 592. Revision in Government contributions to Medicare-Eligible Retiree Health 

Care Fund. 

Sec. 593. Dental Corps of the Navy Bureau of Medicine and Surgery. 

Sec. 594. Permanent authority for presentation of recognition items for recruitment 

and retention purposes. 

Sec. 595. Persons authorized to administer enlistment and appointment oaths. 

Sec. 596. Military voting matters. 

Sec. 597. Physical evaluation boards. 

Sec. 598. Military ID cards for retiree dependents who are permanently disabled. 

Sec. 599. United States Marine Band and United States Marine Drum and Bugle 

Corps.

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 

to conform to increase in pay cap for Senior Executive Service personnel. 

Sec. 603. One-year extension of prohibition against requiring certain injured members to pay for meals provided by military treatment facilities. 

Sec. 604. Availability of second basic allowance for housing for certain reserve component or retired members serving in support of contingency operations. 

Sec. 605. Extension of temporary continuation of housing allowance for dependents 

of members dying on active duty to spouses who are also members. 

Sec. 606. Payment of full premium for coverage under Servicemembers’ Group Life 

Insurance program during service in Operation Enduring Freedom or 

Operation Iraqi Freedom. 

Sec. 607. Clarification of effective date of prohibition on compensation for correspondence courses. 

Sec. 608. Extension of pilot program on contributions to Thrift Savings Plan for initial enlistees in the Army. 

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 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. Expansion of eligibility of dental officers for additional special pay. 

Sec. 616. Increase in maximum annual rate of special pay for Selected Reserve 

health care professionals in critically short wartime specialties. 

Sec. 617. Expansion and enhancement of accession bonus authorities for certain officers in health care specialities. 

Sec. 618. Authority to provide lump sum payment of nuclear officer incentive pay. 

Sec. 619. Increase in maximum amount of nuclear career accession bonus. 

Sec. 620. Increase in maximum amount of incentive bonus for transfer between 

Armed Forces. 

Sec. 621. Additional authorities and incentives to encourage retired members and 

reserve component members to volunteer to serve on active duty in 

high-demand, low-density assignments. 

Sec. 622. Accession bonus for members of the Armed Forces appointed as commissioned officers after completing officer candidate school. 

Sec. 623. Modification of certain authorities applicable to the targeted shaping of 

the Armed Forces. 
H. R. 5122—9

Sec. 624. Enhancement of bonus to encourage certain persons to refer other persons 

for enlistment in the Army. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Travel and transportation allowances for transportation of family members incident to illness or injury of members. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Retired pay of general and flag officers to be based on rates of basic pay 

provided by law. 

Sec. 642. Inapplicability of retired pay multiplier maximum percentage to certain 

service of members of the Armed Forces in excess of 30 years. 

Sec. 643. Military Survivor Benefit Plan beneficiaries under insurable interest coverage. 

Sec. 644. Modification of eligibility for commencement of authority for optional annuities for dependents under the Survivor Benefit Plan. 

Sec. 645. Study of training costs, manning, operations tempo, and other factors that 

affect retention of members of the Armed Forces with special operations 

designations. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 661. Treatment of price surcharges of certain merchandise sold at commissary 

stores. 

Sec. 662. Limitations on lease of non-excess Department of Defense property for 

protection of morale, welfare, and recreation activities and revenue. 

Sec. 663. Report on cost effectiveness of purchasing commercial insurance for commissary and exchange facilities and facilities of other morale, welfare, 

and recreation programs and nonappropriated fund instrumentalities. 

Sec. 664. Study and report regarding access of disabled persons to morale, welfare, 

and recreation facilities and activities. 

Subtitle F—Other Matters 

Sec. 670. Limitations on terms of consumer credit extended to servicemembers and 

dependents. 

Sec. 671. Enhancement of authority to waive claims for overpayment of pay and allowances and travel and transportation allowances. 

Sec. 672. Exception for notice to consumer reporting agencies regarding debts or erroneous payments pending a decision to waive, remit, or cancel. 

Sec. 673. Expansion and enhancement of authority to remit or cancel indebtedness 

of members and former members of the Armed Forces incurred on active 

duty. 

Sec. 674. Phased recovery of overpayments of pay made to members of the uniformed services. 

Sec. 675. Joint family support assistance program. 

Sec. 676. Special working group on transition to civilian employment of National 

Guard and Reserve members returning from deployment in Operation 

Iraqi Freedom or Operation Enduring Freedom. 

Sec. 677. Audit of pay accounts of members of the Army evacuated from a combat 

zone for inpatient care. 

Sec. 678. Report on eligibility and provision of assignment incentive pay. 

Sec. 679. Sense of Congress calling for payment to World War II veterans who survived Bataan Death March.

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE Program Improvements 

Sec. 701. TRICARE coverage for forensic examination following sexual assault or 

domestic violence. 

Sec. 702. Authorization of anesthesia and other costs for dental care for children 

and certain other patients. 

Sec. 703. Improvements to descriptions of cancer screening for women. 

Sec. 704. Prohibition on increases in certain health care costs for members of the 

uniformed services. 

Sec. 705. Demonstration project on coverage of selected over-the-counter drugs 

under the pharmacy benefits program. 

Sec. 706. Expanded eligibility of Selected Reserve members under TRICARE program. 

Sec. 707. Relationship between the TRICARE program and employer-sponsored 

group health care plans. 

Sec. 708. Temporary prohibition on increase in copayments under retail pharmacy 

system of pharmacy benefits program. 
H. R. 5122—10

Subtitle B—Studies and Reports 

Sec. 711. Department of Defense task force on the future of military health care. 

Sec. 712. Study relating to chiropractic health care services. 

Sec. 713. Comptroller General audits of Department of Defense health care costs 

and cost-saving measures. 

Sec. 714. Transfer of custody of the Air Force Health Study assets to Medical Follow-up Agency. 

Sec. 715. Study on allowing dependents of activated members of reserve components to retain civilian health care coverage. 

Sec. 716. Study of health effects of exposure to depleted uranium. 

Sec. 717. Report and plan on services to military dependent children with autism. 

Sec. 718. Comptroller General study on Department of Defense pharmacy benefits 

program. 

Sec. 719. Review of Department of Defense medical quality improvement program. 

Sec. 720. Report on distribution of hemostatic agents for use in the field. 

Sec. 721. Longitudinal study on traumatic brain injury incurred by members of the 

Armed Forces in Operation Iraqi Freedom and Operation Enduring 

Freedom. 

Subtitle C—Planning, Programming, and Management 

Sec. 731. Standardization of claims processing under TRICARE program and Medicare program. 

Sec. 732. Requirements for support of military treatment facilities by civilian contractors under TRICARE. 

Sec. 733. Standards and tracking of access to health care services for wounded, injured, or ill servicemembers returning to the United States from a combat zone. 

Sec. 734. Disease and chronic care management. 

Sec. 735. Additional elements of assessment of Department of Defense task force on 

mental health relating to mental health of members who were deployed 

in Operation Iraqi Freedom and Operation Enduring Freedom. 

Sec. 736. Additional authorized option periods for extension of current contracts 

under TRICARE. 

Sec. 737. Military vaccination matters. 

Sec. 738. Enhanced mental health screening and services for members of the 

Armed Forces. 

Subtitle D—Other Matters 

Sec. 741. Pilot projects on early diagnosis and treatment of post traumatic stress 

disorder and other mental health conditions. 

Sec. 742. Requirement to certify and report on conversion of military medical and 

dental positions to civilian medical and dental positions. 

Sec. 743. Three-year extension of joint incentives program on sharing of health care 

resources by the Department of Defense and Department of Veterans 

Affairs. 

Sec. 744. Training curricula for family caregivers on care and assistance for members and former members of the Armed Forces with traumatic brain injury. 

Sec. 745. Recognition of Representative Lane Evans upon his retirement from the 

House of Representatives.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs 

Sec. 801. Requirements management certification training program. 

Sec. 802. Additional requirements relating to technical data rights. 

Sec. 803. Study and report on revisions to Selected Acquisition Report requirements. 

Sec. 804. Biannual updates on implementation of acquisition reform in the Department of Defense. 

Sec. 805. Additional certification requirements for major defense acquisition programs before proceeding to Milestone B. 

Sec. 806. Original baseline estimate for major defense acquisition programs. 

Sec. 807. Lead system integrators. 

Subtitle B—Acquisition Policy and Management 

Sec. 811. Time-certain development for Department of Defense information technology business systems. 

Sec. 812. Pilot program on time-certain development in acquisition of major weapon 

systems. 
H. R. 5122—11

Sec. 813. Establishment of Panel on Contracting Integrity. 

Sec. 814. Linking of award and incentive fees to acquisition outcomes. 

Sec. 815. Report on defense instruction relating to contractor personnel authorized 

to accompany Armed Forces. 

Sec. 816. Major automated information system programs. 

Sec. 817. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies. 

Sec. 818. Determination of contract type for development programs. 

Sec. 819. Three-year extension of requirement for reports on commercial price 

trend analyses of the Department of Defense. 

Sec. 820. Government performance of critical acquisition functions. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 831. One-year extension of special temporary contract closeout authority. 

Sec. 832. Limitation on contracts for the acquisition of certain services. 

Sec. 833. Use of Federal supply schedules by State and local governments for goods 

and services for recovery from natural disasters, terrorism, or nuclear, 

biological, chemical, or radiological attack. 

Sec. 834. Waivers to extend task order contracts for advisory and assistance services. 

Subtitle D—United States Defense Industrial Base Provisions 

Sec. 841. Assessment and annual report of United States defense industrial base 

capabilities and acquisitions of articles, materials, and supplies manufactured outside the United States. 

Sec. 842. Protection of strategic materials critical to national security. 

Sec. 843. Strategic Materials Protection Board. 

Subtitle E—Other Matters 

Sec. 851. Report on former Department of Defense officials employed by contractors 

of the Department of Defense. 

Sec. 852. Report and regulations on excessive pass-through charges. 

Sec. 853. Program manager empowerment and accountability. 

Sec. 854. Joint policies on requirements definition, contingency program management, and contingency contracting. 

Sec. 855. Clarification of authority to carry out certain prototype projects. 

Sec. 856. Contracting with employers of persons with disabilities. 

Sec. 857. Enhanced access for small business. 

Sec. 858. Procurement goal for Hispanic-serving institutions.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Increase in authorized number of Assistant Secretaries of Defense. 

Sec. 902. Modifications to the Combatant Commander Initiative Fund. 

Sec. 903. Addition to membership of specified council. 

Sec. 904. Consolidation and standardization of authorities relating to Department 

of Defense Regional Centers for Security Studies. 

Sec. 905. Oversight by Office of Under Secretary of Defense for Acquisition, Technology, and Logistics of exercise of acquisition authority by combatant 

commanders and heads of Defense Agencies. 

Sec. 906. Standardization of statutory references to ‘‘national security system’’ 

within laws applicable to Department of Defense. 

Sec. 907. Correction of reference to predecessor of Defense Information Systems 

Agency. 

Subtitle B—Space Activities 

Sec. 911. Designation of successor organizations for the disestablished Interagency 

Global Positioning Executive Board. 

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

Sec. 913. Operationally responsive space. 

Sec. 914. Independent review and assessment of Department of Defense organization and management for national security in space. 

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Sense of Congress on completion of destruction of United States chemical 

weapons stockpile. 
H. R. 5122—12

Sec. 922. Comptroller General review of cost-benefit analysis of off-site versus onsite treatment and disposal of hydrolysate derived from neutralization 

of VX nerve gas at Newport Chemical Depot, Indiana. 

Sec. 923. Incentives clauses in chemical demilitarization contracts. 

Sec. 924. Chemical demilitarization program contracting authority. 

Subtitle D—Intelligence-Related Matters 

Sec. 931. Four-year extension of authority of Secretary of Defense to engage in commercial activities as security for intelligence collection activities. 

Sec. 932. Annual reports on intelligence oversight activities of the Department of 

Defense. 

Sec. 933. Collection by National Security Agency of service charges for certification 

or validation of information assurance products. 

Subtitle E—Other Matters 

Sec. 941. Department of Defense policy on unmanned systems. 

Sec. 942. Executive Schedule level IV for Deputy Under Secretary of Defense for 

Logistics and Materiel Readiness. 

Sec. 943. Study and report on reform of Defense Travel System. 

Sec. 944. Administration of pilot project on Civilian Linguist Reserve Corps. 

Sec. 945. Improvement of authorities on the National Security Education Program. 

Sec. 946. Report on the posture of United States Special Operations Command to 

conduct the global war on terrorism. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General 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. Report on budgeting for fluctuations in fuel cost rates. 

Sec. 1007. Modification of date of submittal of OMB/CBO report on scoring of outlays. 

Sec. 1008. Budgeting for ongoing military operations in Afghanistan and Iraq. 

Subtitle B—Policy Relating to Vessels and Shipyards 

Sec. 1011. Aircraft carrier force structure. 

Sec. 1012. Sense of Congress on naming the CVN–78 aircraft carrier as the U.S.S. 

Gerald R. Ford. 

Sec. 1013. Transfer of naval vessels to foreign nations based upon vessel class. 

Sec. 1014. Overhaul, repair, and maintenance of vessels in foreign shipyards. 

Sec. 1015. Report on options for future lease arrangement for Guam Shipyard. 

Sec. 1016. Assessments of naval vessel construction efficiencies and of effectiveness 

of special contractor incentives. 

Sec. 1017. Obtaining carriage by vessel: criterion regarding overhaul, repair, and 

maintenance of vessels in the United States. 

Sec. 1018. Riding gang member requirements. 

Sec. 1019. Authority to transfer SS Arthur M. Huddell to the Government of 

Greece. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of authority of Department of Defense to provide additional 

support for counterdrug activities of other governmental agencies. 

Sec. 1022. Extension and expansion of Department of Defense authority to provide 

support for counter-drug activities of certain foreign governments. 

Sec. 1023. Extension of authority to support unified counterdrug and 

counterterrorism campaign in Colombia. 

Sec. 1024. Continuation of reporting requirement regarding Department of Defense 

expenditures to support foreign counterdrug activities. 

Sec. 1025. Report on interagency counter-narcotics plan for Afghanistan and South 

and Central Asian regions. 

Sec. 1026. Report on United States support for Operation Bahamas, Turks & 

Caicos. 

Subtitle D—Force Structure and Defense Policy Matters 

Sec. 1031. Improvements to Quadrennial Defense Review. 
H. R. 5122—13

Sec. 1032. Quarterly reports on implementation of 2006 Quadrennial Defense Review Report. Sec. 1033. Report on feasibility of establishing a regional combatant command for 

Africa. 

Sec. 1034. Determination of Department of Defense intratheater and intertheater 

airlift requirements and sealift mobility requirements. Sec. 1035. Presidential report on improving interagency support for United States 

21st century national security missions and interagency operations in 

support of stability, security, transition, and reconstruction operations. 

Subtitle E—Reports 

Sec. 1041. Additional element in annual report on chemical and biological warfare 

defense. 

Sec. 1042. Report on biodefense human capital requirements in support of biosafety 

laboratories. 

Sec. 1043. Report on technologies for neutralizing or defeating threats to military 

rotary-wing aircraft from portable air defense systems and rocket-propelled grenades. Sec. 1044. Reports on expanded use of unmanned aerial vehicles in the National 

Airspace System. Sec. 1045. Report on incentives to encourage certain members and former members 

of the Armed Forces to serve in the Bureau of Customs and Border Protection. 

Sec. 1046. Repeal of certain report requirements. 

Sec. 1047. Requirement for identification of recently enacted recurring reporting requirements applicable to the Department of Defense. 

Subtitle F—Miscellaneous Authorities and Limitations 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. Increased flexibility in use of funds for Joint Staff exercises. 

Sec. 1053. Prohibition on parking of funds. 

Sec. 1054. Modification of authorities relating to the Special Inspector General for 

Iraq Reconstruction. 

Subtitle G—Matters Involving Detainees 

Sec. 1061. Provision of information to Congress on certain criminal investigations 

and prosecutions involving detainees. 

Subtitle H—Other Matters 

Sec. 1071. Technical and clerical amendments. 

Sec. 1072. Revision to authorities relating to Commission on the Implementation of 

the New Strategic Posture of the United States. Sec. 1073. Revised deadline for submission of final report of EMP Commission. 

Sec. 1074. Extension of returning worker exemption to H–2B numerical limitation. 

Sec. 1075. Patent term extensions for the badges of the American Legion, the 

American Legion Women’s Auxiliary, and the Sons of the American Legion. Sec. 1076. Use of the Armed Forces in major public emergencies. 

Sec. 1077. Increased hunting and fishing opportunities for members of the Armed 

Forces, retired members, and disabled veterans. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Accrual of annual leave for members of the uniformed services performing dual employment. Sec. 1102. Strategy for improving the senior management, functional, and technical 

workforce of the Department of Defense. Sec. 1103. Three-year extension of authority for experimental personnel management program for scientific and technical personnel. Sec. 1104. Reports on members of the Armed Forces and civilian employees of the 

Department of Defense serving in the legislative branch. Sec. 1105. Extension of authority to waive annual limitation on total compensation 

paid to Federal civilian employees.

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Logistic support for allied forces participating in combined operations. 

Sec. 1202. Temporary authority to use acquisition and cross-servicing agreements 

to lend certain military equipment to foreign forces in Iraq and Afghanistan for personnel protection and survivability. 
H. R. 5122—14

Sec. 1203. Recodification and revision to law relating to Department of Defense humanitarian demining assistance. 

Sec. 1204. Enhancements to Regional Defense Combating Terrorism Fellowship 

Program. 

Sec. 1205. Participation of the Department of Defense in multinational military 

centers of excellence. 

Sec. 1206. Modification and extension of authorities relating to program to build 

the capacity of foreign military forces. 

Sec. 1207. Authority for distribution to certain foreign personnel of education and 

training materials and information technology to enhance military interoperability. 

Subtitle B—Nonproliferation Matters and Countries of Concern 

Sec. 1211. North Korea. 

Sec. 1212. Report on participation of multinational partners in the United Nations 

Command in the Republic of Korea. 

Sec. 1213. Intelligence on Iran. 

Sec. 1214. Sense of Congress on United States policy on the nuclear programs of 

Iran. 

Subtitle C—Other Matters 

Sec. 1221. Exclusion of petroleum, oil, and lubricants from limitations on annual 

amount of liabilities the United States may accrue under acquisition 

and cross-servicing agreements. 

Sec. 1222. Modification of limitations on assistance under the American 

Servicemembers’ Protection Act of 2002. 

Sec. 1223. Humanitarian support for Iraqi children in urgent need of medical care. 

Sec. 1224. Sense of Congress opposing the granting of amnesty by the government 

of Iraq to persons known to have attacked, killed, or wounded members 

of the United States Armed Forces in Iraq. 

Sec. 1225. Annual reports on United States contributions to the United Nations. 

Sec. 1226. Comprehensive regional strategy and annual reports on Somalia. 

Sec. 1227. Report on the implementation of the Darfur Peace Agreement. 

Sec. 1228. Sense of Congress concerning cooperation with Russia on issues pertaining to missile defense. 

Sec. 1229. Sense of Congress calling for convening of a summit for a comprehensive 

political agreement for Iraq. 

Sec. 1230. Sense of Congress on the commendable actions of the Armed Forces in 

Iraq. 

Sec. 1231. Annual report on foreign sales of significant military equipment manufactured in the United States. 

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. National Academy of Sciences study of prevention of proliferation of biological weapons. 

TITLE XIV—MATTERS RELATED TO DEFENSE AGAINST TERRORISM 

AND RELATED SECURITY MATTERS 

Sec. 1401. Enhancement to authority to pay rewards for assistance in combating 

terrorism. 

Sec. 1402. Quarterly reports on Department of Defense response to threat posed by 

improvised explosive devices. 

Sec. 1403. Requirement that all military wheeled vehicles used in Iraq and Afghanistan outside of secure military operating bases be protected by Improvised Explosive Device (IED) jammers. 

Sec. 1404. Report on assessment process of Chairman of the Joint Chiefs of Staff 

relating to Global War on Terrorism. 

Sec. 1405. Treatment under Freedom of Information Act of certain confidential information shared with State and local personnel. 

Sec. 1406. Database of emergency response capabilities.

TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO 

OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 
H. R. 5122—15

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Defense-wide activities procurement. 

Sec. 1506. Research, development, test and evaluation. 

Sec. 1507. Operation and maintenance. 

Sec. 1508. Defense Health Program. 

Sec. 1509. Classified programs. 

Sec. 1510. Military personnel. 

Sec. 1511. Treatment as additional authorizations. 

Sec. 1512. Transfer authority. 

Sec. 1513. Availability of funds. 

Sec. 1514. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1515. Iraq Freedom Fund. 

Sec. 1516. Iraq Security Forces Fund. 

Sec. 1517. Afghanistan Security Forces Fund. 

Sec. 1518. Submittal to Congress of Department of Defense supplemental and cost 

of war execution reports. 

Sec. 1519. Limitation on availability of funds for certain purposes relating to Iraq. 

Sec. 1520. Intelligence Community Management Account.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Recognition of Representative Joel Hefley upon his retirement from the 

House of Representatives. 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army.

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification of authority to carry out certain fiscal year 2004, 2005, and 

2006 projects.

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authority to carry out certain fiscal year 2006 project.

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Family housing. 

Sec. 2403. Energy conservation projects. 

Sec. 2404. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Sec. 2405. Authorization of appropriations, Defense Agencies. 

Sec. 2406. Modification of authority to carry out certain fiscal year 2006 project.

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Guard and Reserve construction and land acquisition 

projects.

TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS 

Sec. 2701. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2702. Extension of authorizations of certain fiscal year 2004 projects. 

Sec. 2703. Extension of authorizations of certain fiscal year 2003 projects. 
H. R. 5122—16

Sec. 2704. Effective date.

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Increase in maximum annual amount authorized to be obligated for 

emergency military construction. Sec. 2802. One-year extension of temporary, limited authority to use operation and 

maintenance funds for construction projects outside the United States. Sec. 2803. Repeal of requirement to determine availability of suitable alternative 

housing for acquisition in lieu of construction of new family housing. Sec. 2804. Authority to continue to occupy leased family housing for United States 

Southern Command personnel. Sec. 2805. Consideration of alternative and more efficient uses for general officer 

and flag officer quarters in excess of 6,000 square feet. Sec. 2806. Modification of notification requirements related to cost variation authority. Sec. 2807. Consideration of local comparability of floor areas in construction, acquisition, and improvement of military unaccompanied housing. Sec. 2808. Certification required for military construction projects for facilities designed to provide training in urban operations. Sec. 2809. Authority to carry out military construction projects in connection with 

industrial facility investment program. Sec. 2810. Repeal of special requirement for military construction contracts on 

Guam. 

Sec. 2811. Temporary expansion of authority to convey property at military installations to support military construction. Sec. 2812. Pilot projects for acquisition or construction of military unaccompanied 

housing. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Congressional notice requirements, in advance of acquisition of land by 

condemnation for military purposes. Sec. 2822. Consolidation of Department of Defense authorities regarding granting 

of easements for rights-of-way. Sec. 2823. Authority to grant restrictive easements for conservation purposes in 

connection with land conveyances. Sec. 2824. Maximum term of leases for structures and real property relating to 

structures in foreign countries needed for purposes other than family 

housing. Sec. 2825. Consolidation of laws relating to transfer of Department of Defense real 

property within the Department of Defense and to other Federal agencies. 

Sec. 2826. Defense access road program. 

Sec. 2827. Reports on Army operational ranges. 

Subtitle C—Base Closure and Realignment 

Sec. 2831. Modification of deposit requirements in connection with lease proceeds 

received at military installations approved for closure or realignment 

after January 1, 2005. Sec. 2832. Report on Air Force and Air National Guard bases affected by 2005 

round of defense base closure and realignment. 

Subtitle D—Land Conveyances 

Sec. 2841. Conveyance of easement, Pine Bluff Arsenal, Arkansas. 

Sec. 2842. Modification of land transfer authority, Potomac Annex, District of Columbia. 

Sec. 2843. Land conveyance, Naval Air Station, Barbers Point, Hawaii. 

Sec. 2844. Land conveyances, Omaha, Nebraska. 

Sec. 2845. Land conveyance, Hopkinton, New Hampshire. 

Sec. 2846. Land conveyance, North Hills Army Reserve Center, Allison Park, Pennsylvania. Sec. 2847. Transfer of jurisdiction, Fort Jackson, South Carolina. 

Sec. 2848. Sense of Congress regarding land conveyance involving Army Reserve 

Center, Marshall, Texas. 

Sec. 2849. Modifications to land conveyance authority, Engineering Proving 

Ground, Fort Belvoir, Virginia. Sec. 2850. Land conveyance, Radford Army Ammunition Plant, New River Unit, 

Virginia. 

Subtitle E—Energy Security 

Sec. 2851. Consolidation and enhancement of laws to improve Department of Defense energy efficiency and conservation. 
H. R. 5122—17

Sec. 2852. Department of Defense goal regarding use of renewable energy to meet 

electricity needs. 

Sec. 2853. Congressional notification of cancellation ceiling for Department of Defense energy savings performance contracts. 

Sec. 2854. Use of energy efficiency products in new construction. 

Subtitle F—Other Matters 

Sec. 2861. Availability of research and technical assistance under Defense Economic Adjustment Program. 

Sec. 2862. Availability of community planning assistance relating to encroachment 

of civilian communities on military facilities used for training by the 

Armed Forces. 

Sec. 2863. Prohibitions against making certain military airfields or facilities available for use by civil aircraft. 

Sec. 2864. Modification of certain transportation projects. 

Sec. 2865. Availability of funds for South County Commuter Rail project, Providence, Rhode Island. 

Sec. 2866. Fox Point Hurricane Barrier, Providence, Rhode Island. 

Sec. 2867. Federal funding for fixed guideway projects. 

Sec. 2868. Feasibility study regarding use of General Services Administration property for Fort Belvoir, Virginia, realignment.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Plan for transformation of National Nuclear Security Administration nuclear weapons complex. 

Sec. 3112. Extension of Facilities and Infrastructure Recapitalization Program. 

Sec. 3113. Utilization of contributions to Global Threat Reduction Initiative. 

Sec. 3114. Utilization of contributions to Second Line of Defense program. 

Sec. 3115. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel. 

Sec. 3116. National Academy of Sciences study of quantification of margins and uncertainty methodology for assessing and certifying the safety and reliability of the nuclear stockpile. 

Sec. 3117. Consolidation of counterintelligence programs of Department of Energy 

and National Nuclear Security Administration. 

Sec. 3118. Notice-and-wait requirement applicable to certain third-party financing 

arrangements. 

Sec. 3119. Extension of deadline for transfer of lands to Los Alamos County, New 

Mexico, and of lands in trust for the Pueblo of San Ildefonso. 

Sec. 3120. Limitations on availability of funds for Waste Treatment and Immobilization Plant. 

Sec. 3121. Report on Russian Surplus Fissile Materials Disposition Program. 

Sec. 3122. Limitation on availability of funds for construction of MOX Fuel Fabrication Facility. 

Sec. 3123. Education of future nuclear engineers. 

Sec. 3124. Technical correction related to authorization of appropriations for fiscal 

year 2006.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 

Sec. 3301. Authorized uses of National Defense Stockpile funds. 

Sec. 3302. Revisions to required receipt objectives for previously authorized disposals from National Defense Stockpile.

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations 
H. R. 5122—18

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for fiscal year 2007. 

Sec. 3502. Amendments relating to the Maritime Security Fleet program. 

Sec. 3503. Applicability to certain Maritime Administration vessels of limitations 

on overhaul, repair, and maintenance of vessels in foreign shipyards. 

Sec. 3504. Vessel transfer authority. 

Sec. 3505. United States Merchant Marine Academy graduates: service requirements. 

Sec. 3506. United States Merchant Marine Academy graduates: service obligation 

performance reporting requirement. 

Sec. 3507. Temporary authority to transfer obsolete combatant vessels to Navy for 

disposal. 

Sec. 3508. Qualifying Reserve duty for receipt of student incentive payments. 

Sec. 3509. Large passenger ship crew requirements. 

Sec. 3510. Miscellaneous Maritime Administration provisions.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

For purposes of this Act, the term ‘‘congressional defense 

committees’’ has the meaning given that term in section 101(a)(16) 

of title 10, United States Code. 

DIVISION A—DEPARTMENT OF 

DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations 

101. Army. 

102. Navy and Marine Corps. 

103. Air Force. 

104. Defense-wide activities. 

Subtitle B—Army Programs 

111. Sense of Congress on future multiyear procurement authority for Family of 

Medium Tactical Vehicles. 

112. Multiyear procurement authority for MH–60R helicopters and mission equipment. 

113. Funding profile for Modular Force Initiative of the Army. 

114. Bridge to Future Networks program. 

115. Comptroller General report on the contract for the Future Combat Systems 

program. 

116. Priority for allocation of replacement equipment to operational units based on 

combat mission deployment schedule. 

Subtitle C—Navy Programs 

121. CVN–21 class aircraft carrier procurement. 

122. Adherence to Navy cost estimates for CVN–21 class of aircraft carriers. 

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

124. Construction of first two vessels under the DDG–1000 Next-Generation Destroyer program. 

125. Adherence to Navy cost estimates for LHA Replacement amphibious assault 

ship program. 

126. Cost limitation for San Antonio (LPD–17) class amphibious ship program. 

127. Multiyear procurement authority for V–22 tiltrotor aircraft program. 

128. Alternative technologies for future surface combatants. 

129. Sense of Congress regarding the size of the attack submarine force. 

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

Subtitle D—Air Force Programs 

131. Bomber force structure. 

132. Strategic airlift force structure. 

133. Limitation on retirement of U–2 aircraft. 

134. Multiyear procurement authority for F–22A Raptor fighter aircraft. 
H. R. 5122—19

135. Limitation on retirement of KC–135E aircraft during fiscal year 2007. 

136. Limitation on retirement of F–117A aircraft during fiscal year 2007. 

137. Limitation on retirement of C–130E tactical airlift aircraft. 

138. Procurement of Joint Primary Aircraft Training System aircraft after fiscal 

year 2006. 

139. Minuteman III intercontinental ballistic missile modernization. 

Subtitle E—Joint and Multiservice Matters 

141. Clarification of limitation on initiation of new unmanned aerial vehicle systems.

Subtitle A—Authorization of 

Appropriations 

SEC. 101. ARMY. 

Funds are hereby authorized to be appropriated for fiscal year 

2007 for procurement for the Army as follows: 

(1) For aircraft, $3,451,429,000. 

(2) For missiles, $1,328,859,000. 

(3) For weapons and tracked combat vehicles, 

$2,278,604,000. 

(4) For ammunition, $1,984,325,000. 

(5) For other procurement, $7,687,502,000. 

(6) For National Guard Equipment, $318,000,000. 

SEC. 102. NAVY AND MARINE CORPS. 

(a) NAVY.—Funds are hereby authorized to be appropriated 

for fiscal year 2007 for procurement for the Navy as follows: 

(1) For aircraft, $10,734,071,000. 

(2) For weapons, including missiles and torpedoes, 

$2,549,020,000. 

(3) For shipbuilding and conversion, $11,021,553,000. 

(4) For other procurement, $4,995,033,000. 

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2007 for procurement for the Marine Corps 

in the amount of $1,253,813,000. 

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 

authorized to be appropriated for fiscal year 2007 for procurement 

of ammunition for the Navy and the Marine Corps in the amount 

of $797,943,000. 

SEC. 103. AIR FORCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2007 for procurement for the Air Force as follows: 

(1) For aircraft, $12,179,154,000. 

(2) For ammunition, $1,072,749,000. 

(3) For missiles, $4,171,886,000. 

(4) For other procurement, $15,443,286,000. 

SEC. 104. DEFENSE-WIDE ACTIVITIES. 

Funds are hereby authorized to be appropriated for fiscal year 

2007 for Defense-wide procurement in the amount of 

$2,886,361,000. 
H. R. 5122—20

Subtitle B—Army Programs 

SEC. 111. SENSE OF CONGRESS ON FUTURE MULTIYEAR PROCUREMENT AUTHORITY FOR FAMILY OF MEDIUM TACTICAL 

VEHICLES. 

(a) FUTURE ACQUISITION STRATEGY.—It is the sense of Congress 

that, as part of the Army’s planning, programming, and budgeting 

process for fiscal year 2008, the Secretary of the Army should 

request from Congress authority by law to enter into a multiyear 

procurement (MYP) contract for the Family of Medium Tactical 

Vehicles (FMTV) program and that, in support of such request, 

the Secretary should submit to Congress the necessary justification 

materials required by law to justify a multiyear procurement (MYP) 

contract, including the material required by section 2306b of title 

10, United States Code. 

(b) INCORPORATION OF PRODUCT IMPROVEMENTS.—It is the sense 

of Congress that any proposal by the Secretary of the Army for 

multiyear procurement authority for procurement of vehicles under 

the Family of Medium Tactical Vehicles program should provide 

for incorporation into the vehicles to be procured through such 

authority of improvements from—

(1) lessons learned from operations involving the Global 

War on Terrorism; and 

(2) product improvement programs carried out for the 

Family of Medium Tactical Vehicles program in the areas of 

force protection, survivability, reliability, network communications, situational awareness, and safety. 

SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR MH–60R HELICOPTERS AND MISSION EQUIPMENT. 

(a) MH–60R HELICOPTER.—Subject to subsection (c), the Secretary of the Army, acting as executive agent for the Department 

of the Navy, may enter into a multiyear contract for the procurement of MH–60R helicopters. 

(b) MH–60R HELICOPTER MISSION EQUIPMENT.—Subject to subsection (c), the Secretary of the Navy may enter into a multiyear 

contract for the procurement of MH–60R helicopter mission equipment for the helicopters covered by a multiyear contract under 

subsection (a). 

(c) CONTRACT REQUIREMENTS.—Any multiyear contract under 

this section—

(1) shall be entered into in accordance with section 2306b 

of title 10, United States Code, and shall commence with the 

fiscal year 2007 program year; and 

(2) shall provide that any obligation of the United States 

to make a payment under the contract is subject to the availability of appropriations for that purpose. 

SEC. 113. FUNDING PROFILE FOR MODULAR FORCE INITIATIVE OF 

THE ARMY. 

The Secretary of the Army shall set forth in the budget presentation materials of the Army submitted to Congress in support 

of the President’s budget for any fiscal year after fiscal year 2007, 

and in other relevant materials submitted to Congress with respect 

to the budget of the Army for any such fiscal year, all amounts 

for procurement for the M1A2 Abrams tank System Enhancement 

Program (SEP) and for the Bradley A3 fighting vehicle as elements 
H. R. 5122—21

within the amounts requested for the Modular Force Initiative 

of the Army, in accordance with the report of the Army titled 

‘‘The Army Modular Force Initiative’’, submitted to Congress in 

March 2006. 

SEC. 114. BRIDGE TO FUTURE NETWORKS PROGRAM. 

(a) LIMITATION ON FISCAL YEAR 2007 AMOUNT.—Of the amount 

authorized to be appropriated for the Army for fiscal year 2007 

for Other Procurement, Army, that is available for the program 

of the Army designated as the Bridge to Future Networks, not 

more than 75 percent shall be made available for obligation until 

the Secretary of the Army submits to the congressional defense 

committees a report on that program that includes the matters 

specified in subsection (b). 

(b) MATTERS TO BE INCLUDED.—The report under subsection 

(a) shall include the following: 

(1) An analysis of how the systems specified in subsection 

(c) will fit together, including, for each such system, an analysis 

of whether there are opportunities to leverage technologies 

and equipment from that system as part of the development 

of the other systems. 

(2) A description of the extent to which components of 

the systems specified in subsection (c) could be used together 

as elements of a single tactical network. 

(3) A description of the strategy of the Army for completing 

the systems engineering necessary to ensure the end-to-end 

interoperability of a single tactical network referred to in paragraph (2). 

(4) An assessment of the costs of acquiring each of the 

systems specified in subsection (c). 

(5) An assessment of the technical compatibility of the 

systems specified in subsection (c). 

(6) A description of the plans of the Army for fielding 

the systems specified in subsection (c). 

(7) A description of the plans of the Army for sustaining 

the Joint Network Node through fiscal year 2020 and an assessment of the need to upgrade its technologies and equipment. 

(8) A description of the plans of the Army for the insertion 

of new technology into the Joint Network Node. 

(c) SPECIFIED SYSTEMS.—The systems referred to in subsection 

(b) are as follows: 

(1) The Joint Network Node (JNN) element of the Bridge 

to Future Networks program. 

(2) The Warfighter Information Network-Tactical (WINT) program. 

(3) The Mounted Battle Command On-the-Move 

(MBCOTM) system. 

SEC. 115. COMPTROLLER GENERAL REPORT ON THE CONTRACT FOR 

THE FUTURE COMBAT SYSTEMS PROGRAM. 

(a) REPORT REQUIRED.—Not later than March 15, 2007, the 

Comptroller General of the United States shall submit to the 

congressional defense committees a report on the participation and 

activities of the lead systems integrator in the Future Combat 

Systems (FCS) program under the contract of the Army for the 

Future Combat Systems. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 
H. R. 5122—22

(1) A description of the responsibilities of the lead systems 

integrator in managing the Future Combat Systems program 

under the contract for the Future Combat Systems, and an 

assessment of the manner in which such responsibilities differ 

from the typical responsibilities of a lead systems integrator 

under acquisition contracts of the Department of Defense. 

(2) A description and assessment of the responsibilities 

of the Army in managing the Future Combat Systems program, 

including oversight of the activities of the lead systems integrator and the decisions made by the lead systems integrator. 

(3) An assessment of the manner in which the Army—

(A) ensures that the lead systems integrator meets 

goals for the Future Combat Systems in a timely manner; 

and 

(B) evaluates the extent to which such goals are met. 

(4) An identification of the mechanisms in place to ensure 

the protection of the interests of the United States in the 

Future Combat Systems program. 

(5) An identification of the mechanisms in place to mitigate 

organizational conflicts of interest with respect to competition 

on Future Combat Systems technologies and equipment under 

subcontracts under the Future Combat Systems program. 

SEC. 116. PRIORITY FOR ALLOCATION OF REPLACEMENT EQUIPMENT 

TO OPERATIONAL UNITS BASED ON COMBAT MISSION 

DEPLOYMENT SCHEDULE. 

The Secretary of Defense shall ensure that priority for the 

distribution of new and combat-serviceable replacement equipment 

acquired using funds authorized to be appropriated by this title 

(together with associated support and test equipment) is given 

to operational units (regardless of component) based on combat 

mission deployment schedule. 

Subtitle C—Navy Programs 

SEC. 121. CVN–21 CLASS AIRCRAFT CARRIER PROCUREMENT. 

(a) CONTRACT AUTHORITY FOR CONSTRUCTION.—In the fiscal 

year immediately following the last fiscal year of the contract for 

advance procurement for a CVN–21 class aircraft carrier designated 

CVN–78, CVN–79, or CVN–80, as applicable, the Secretary may 

enter into a contract for the construction of such aircraft carrier 

to be funded in the fiscal year of such contract for construction 

and the succeeding three fiscal years. 

(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract 

for any subsequent fiscal year is subject to the availability of 

appropriations for that purpose for such subsequent fiscal year. 

(c) REPEAL OF SUPERCEDED PROVISION.—Section 128 of the 

National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3159) is repealed. 

SEC. 122. ADHERENCE TO NAVY COST ESTIMATES FOR CVN–21 CLASS 

OF AIRCRAFT CARRIERS. 

(a) LIMITATION.—
H. R. 5122—23

(1) LEAD SHIP.—The total amount obligated or expended 

from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement 

account, for the aircraft carrier designated as CVN–21 may 

not exceed $10,500,000,000 (as adjusted pursuant to subsection 

(b)). 

(2) FOLLOW-ON SHIPS.—The total amount obligated or 

expended from funds appropriated or otherwise made available 

for Shipbuilding and Conversion, Navy, or for any other 

procurement account, for the construction of any ship that 

is constructed in the CVN–21 class of aircraft carriers after 

the lead ship of that class may not exceed $8,100,000,000 

(as adjusted pursuant to subsection (b)). 

(b) ADJUSTMENT OF LIMITATION AMOUNT.—The Secretary of 

the Navy may adjust the amount set forth in subsection (a) for 

any ship constructed in the CVN–21 class of aircraft carriers by 

the following: 

(1) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2006. 

(2) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local 

laws enacted after September 30, 2006. 

(3) The amounts of outfitting costs and post-delivery costs 

incurred for that ship. 

(4) The amounts of increases or decreases in costs of that 

ship that are attributable to insertion of new technology into 

that ship, as compared to the technology baseline as it was 

defined in the approved acquisition program baseline estimate 

of December 2005. 

(5) The amounts of increases or decreases to nonrecurring 

design and engineering cost attributable to achieving compliance with the cost limitation. 

(6) The amounts of increases or decreases to cost required 

to correct deficiencies that may affect the safety of the ship 

and personnel or otherwise preclude the ship from safe operations and crew certification. 

(c) LIMITATION ON TECHNOLOGY INSERTION COST ADJUSTMENT.—The Secretary of the Navy may use the authority under 

paragraph (4) of subsection (b) to adjust the amount set forth 

in subsection (a) for a ship referred to in that subsection with 

respect to insertion of new technology into that ship only if—

(1) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology 

would lower the life-cycle cost of the ship; or 

(2) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology 

is required to meet an emerging threat and the Secretary 

of Defense certifies to those committees that such threat poses 

grave harm to national security. 

(d) WRITTEN NOTICE OF CHANGE IN AMOUNT.—

(1) REQUIREMENT.—The Secretary of the Navy shall submit 

to the congressional defense committees each year, at the same 

time that the budget is submitted under section 1105(a) of 

title 31, United States Code, for the next fiscal year, written 

notice of any change in the amount set forth in subsection 

(a) during the preceding fiscal year that the Secretary has 
H. R. 5122—24

determined to be associated with a cost referred to in subsection 

(b). 

(2) EFFECTIVE DATE.—The requirement in paragraph (1) 

shall become effective with the budget request for the year 

of procurement of the first ship referred to in subsection (a). 

SEC. 123. MODIFICATION OF LIMITATION ON TOTAL COST OF 

PROCUREMENT OF CVN–77 AIRCRAFT CARRIER. 

Section 122(f)(1) of the National Defense Authorization Act 

for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1650) is amended 

by striking ‘‘$4,600,000,000 (such amount being the estimated cost 

for the procurement of the CVN–77 aircraft carrier in the March 

1997 procurement plan)’’ and inserting ‘‘$6,057,000,000’’. 

SEC. 124. CONSTRUCTION OF FIRST TWO VESSELS UNDER THE DDG–

1000 NEXT-GENERATION DESTROYER PROGRAM. 

(a) AVAILABILITY OF FUNDS.—Of the amount authorized to be 

appropriated by section 102(a)(3) for fiscal year 2007 for Shipbuilding and Conversion, Navy, $2,568,000,000 may be available 

for the construction of the first two vessels under the DDG–1000 

Next-Generation Destroyer program. 

(b) CONTRACT AUTHORITY.—

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

into a contract beginning with the fiscal year 2007 program 

year for procurement of each of the first two vessels under 

the DDG–1000 Next-Generation Destroyer program. 

(2) LIMITATION.—Not more than one contract described in 

paragraph (1) may be awarded under that paragraph to a 

single shipyard. 

(3) SPLIT FUNDING AUTHORIZED.—Each contract under paragraph (1) shall contemplate funding for the procurement of 

a vessel under such contract using a combination of funds 

appropriated for fiscal year 2007 and funds appropriated for 

fiscal year 2008. 

(4) CONDITION ON OUT-YEAR CONTRACT PAYMENTS.—A contract entered into under paragraph (1) shall provide that any 

obligation of the United States to make a payment under such 

contract for any fiscal year after fiscal year 2007 is subject 

to the availability of appropriations for that purpose for such 

fiscal year. 

(c) SENSE OF CONGRESS ON FUNDING FOR FOLLOW-ON SHIPS.—

It is the sense of Congress that there is sufficient benefit to authorizing the one-time exception provided in this section to the full 

funding policy in order to support the competitive procurement 

of the follow-on ships of the DDG–1000 Next-Generation Destroyer 

program. However, it is the expectation of Congress that the Secretary of the Navy will structure the DDG–1000 program so that 

each ship, after the first two ships, is procured using the method 

of full funding in a single year. 

SEC. 125. ADHERENCE TO NAVY COST ESTIMATES FOR LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP PROGRAM. 

(a) LIMITATION.—The total amount obligated or expended from 

funds appropriated or otherwise made available for Shipbuilding 

and Conversion, Navy, or for any other procurement account, for 

procurement of any ship that is constructed under the LHA Replacement (LHA(R)) amphibious assault ship program may not exceed 

$2,813,600,000 (as adjusted pursuant to subsection (b)). 
H. R. 5122—25

(b) ADJUSTMENT OF LIMITATION AMOUNT.—The Secretary of 

the Navy may adjust the amount set forth in subsection (a) for 

any ship constructed under the LHA Replacement amphibious 

assault ship program by the following: 

(1) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2006. 

(2) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local 

laws enacted after September 30, 2006. 

(3) The amounts of outfitting costs and post-delivery costs 

incurred for that ship. 

(4) The amounts of increases or decreases in costs of that 

ship that are attributable to insertion of new technology into 

that ship, as compared to the technology baseline as it was 

defined at the development stage referred to as Milestone B. 

(5) The amounts of increases or decreases to nonrecurring 

design and engineering cost attributable to achieving compliance with the cost limitation. 

(6) The amounts of increases or decreases to cost required 

to correct deficiencies that may affect the safety of the ship 

and personnel or otherwise preclude the ship from safe operations and crew certification. 

(7) Contract cost adjustments directly attributed to the 

effect of Hurricane Katrina in August 2005 or other force 

majeure contract modifications. 

(c) LIMITATION ON TECHNOLOGY INSERTION COST ADJUST- MENT.—The Secretary of the Navy may use the authority under 

paragraph (4) of subsection (b) to adjust the amount set forth 

in subsection (a) for a ship referred to in that subsection with 

respect to insertion of new technology into that ship only if—

(1) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology 

would lower the life-cycle cost of the ship; or 

(2) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology 

is required to meet an emerging threat and the Secretary 

of Defense certifies to those committees that such threat poses 

grave harm to national security. 

(d) WRITTEN NOTICE OF CHANGE IN AMOUNT.— (1) REQUIREMENT.—The Secretary of the Navy shall submit 

to the congressional defense committees each year, at the same 

time that the budget is submitted under section 1105(a) of 

title 31, United States Code, for the next fiscal year, written 

notice of any change in the amount set forth in subsection 

(a) during the preceding fiscal year that the Secretary has 

determined to be associated with a cost referred to in subsection 

(b). 

(2) EFFECTIVE DATE.—The requirement in paragraph (1) 

shall become effective with the budget request for the year 

of procurement of the first ship referred to in subsection (a). 

SEC. 126. COST LIMITATION FOR SAN ANTONIO (LPD–17) CLASS 

AMPHIBIOUS SHIP PROGRAM. 

(a) LIMITATION.— (1) PROCUREMENT COST.—The total amount obligated or 

expended from funds appropriated or otherwise made available 

for Shipbuilding and Conversion, Navy, for the San Antonio-
H. R. 5122—26

class amphibious ships designated as LPD–22, LPD–23, LPD–

24, and LPD–25 may not exceed the amount for each such 

vessel specified in paragraph (2). 

(2) SPECIFIED COST LIMIT BY VESSEL.—The limitation under 

this subsection for each vessel specified in paragraph (1) is 

the following: 

(A) For the LPD–22 ship, $1,523,000,000 (as adjusted 

pursuant to subsection (b)). 

(B) For the LPD–23 ship, $1,477,000,000 (as adjusted 

pursuant to subsection (b)). 

(C) For the LPD–24 ship, $1,633,000,000 (as adjusted 

pursuant to subsection (b)). 

(D) For the LPD–25 ship, $1,927,000,000 (as adjusted 

pursuant to subsection (b)). 

(b) ADJUSTMENT OF LIMITATION AMOUNTS.—The Secretary of 

the Navy may adjust the amount set forth in subsection (a) for 

any ship specified in that subsection by the following: 

(1) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2006. 

(2) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local 

laws enacted after September 30, 2006. 

(3) The amounts of outfitting costs and post-delivery costs 

incurred for that ship. 

(4) The amounts of increases or decreases in costs of that 

ship that are attributable to insertion of new technology into 

that ship, as compared to the technology built into the U.S.S. 

San Antonio (LPD–17), the lead ship of the LPD–17 class. 

(5) Contract cost adjustments directly attributed to the 

effect of Hurricane Katrina in August 2005 or other force 

majeure contract modifications. 

(6) The amounts of closeout costs associated with completion of the LPD–17 class program. 

(c) LIMITATION ON TECHNOLOGY INSERTION COST ADJUSTMENT.—The Secretary of the Navy may use the authority under 

paragraph (4) of subsection (b) to adjust the amount set forth 

in subsection (a) for any LPD–17 class ship with respect to insertion 

of new technology into that ship only if—

(1) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology 

would lower the life-cycle cost of the ship; or 

(2) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology 

is required to meet an emerging threat and the Secretary 

of Defense certifies to those committees that such threat poses 

grave harm to national security. 

(d) WRITTEN NOTICE OF CHANGE IN AMOUNT.—

(1) REQUIREMENT.—The Secretary of the Navy shall submit 

to the congressional defense committees each year, at the same 

time that the budget is submitted under section 1105(a) of 

title 31, United States Code, for the next fiscal year, written 

notice of any change in the amount set forth in subsection 

(a) during the preceding fiscal year that the Secretary has 

determined to be associated with a cost referred to in subsection 

(b). 
H. R. 5122—27

(2) EFFECTIVE DATE.—The requirement in paragraph (1) 

shall become effective with the budget request for the year 

of procurement of the first ship referred to in subsection (a). 

SEC. 127. MULTIYEAR PROCUREMENT AUTHORITY FOR V–22 

TILTROTOR AIRCRAFT PROGRAM. 

The Secretary of the Navy, in accordance with section 2306b 

of title 10, United States Code, and acting as executive agent 

for the Secretary of the Air Force and the commander of the 

United States Special Operations Command, may enter into a 

multiyear contract, beginning with the fiscal year 2008 program 

year, for procurement of V–22 tiltrotor aircraft. 

SEC. 128. ALTERNATIVE TECHNOLOGIES FOR FUTURE SURFACE 

COMBATANTS. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Securing and maintaining access to affordable and 

plentiful sources of energy is a vital national security interest 

for the United States. 

(2) The Nation’s dependence upon foreign oil is a threat 

to national security due to the inherently volatile nature of 

the global oil market and the political instability of some of 

the world’s largest oil producing states. 

(3) Given the recent increase in the cost of crude oil, 

which cannot realistically be expected to improve over the 

long term, other energy sources must be seriously considered. 

(4) Alternate propulsion sources such as nuclear power 

offer many advantages over conventional power for major surface combatant ships of the Navy, including—

(A) virtually unlimited high-speed endurance; 

(B) elimination of vulnerable refueling; and 

(C) reduction in the requirement for replenishment 

vessels and the need to protect those vessels. 

(b) SENSE OF CONGRESS.—In light of the findings in subsection 

(a), it is the sense of Congress that the Navy should make greater 

use of alternative technologies, including expanded application of 

integrated power systems, fuel cells, and nuclear power, for propulsion of future major surface combatant ships. 

(c) REQUIREMENT.—The Secretary of the Navy shall include 

integrated power systems, fuel cells, and nuclear power as propulsion alternatives to be evaluated within the analysis of alternatives 

for future major surface combatant ships. 

SEC. 129. SENSE OF CONGRESS REGARDING THE SIZE OF THE ATTACK 

SUBMARINE FORCE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The United States Navy must be large enough, agile 

enough, and lethal enough to deter any threat and defeat 

any foe. 

(2) The proliferation of modern nuclear and nonnuclear 

submarines in the navies of nations around the globe will 

make undersea superiority a more significant challenge in the 

future. 

(3) The unique combination of firepower, stealth, sensors, 

and communications equipment contained in a modern attack 

submarine make the attack submarine a critical component 

of the Armed Forces of the United States. 
H. R. 5122—28

(4) The report entitled ‘‘Report to Congress on Annual 

Long-Range Plan for Construction of Naval Vessels for fiscal 

year 2007’’, submitted to Congress by the Secretary of the 

Navy pursuant to section 231 of title 10, United States Code—

(A) identifies future naval force structure requirements 

indexed to Department of Defense fiscal year 2020 threat 

assessments and compliant with the Fiscal Year 2006 

Quadrennial Defense Review and, with respect to the 

attack submarine force, identifies a need for the Navy 

to maintain a fleet of not less than 48 attack submarines; 

and 

(B) projects that the attack submarine force will fall 

below 48 vessels between 2020 and 2032. 

(b) SENSE OF CONGRESS.—In light of the findings in subsection 

(a), it is the sense of Congress that the Secretary of the Navy 

should take all reasonable effort to accelerate the construction 

of Virginia Class submarines to maintain the attack submarine 

force structure at not less than 48 submarines and (if the number 

of attack submarines should fall below 48), to minimize the period 

the attack submarine force remains below 48 vessels. 

SEC. 130. QUALITY CONTROL IN PROCUREMENT OF SHIP CRITICAL 

SAFETY ITEMS AND RELATED SERVICES. 

(a) QUALITY CONTROL POLICY.—The Secretary of Defense shall 

prescribe in regulations a quality control policy for the procurement 

of the following: 

(1) Ship critical safety items. 

(2) Modifications, repair, and overhaul of ship critical safety 

items. 

(b) ELEMENTS.—The policy required under subsection (a) shall 

include requirements as follows: 

(1) That the head of the design control activity for ship 

critical safety items establish processes to identify and manage 

the procurement, modification, repair, and overhaul of such 

items. 

(2) That the head of the contracting activity for a ship 

critical safety item enter into a contract for the procurement, 

modification, repair, or overhaul of such item only with a source 

on a qualified manufacturers list or a source approved by 

the design control activity in accordance with section 2319 

of title 10, United States Code (as amended by subsection 

(d)). 

(3) That the ship critical safety items delivered, and the 

services performed with respect to such items, meet all technical 

and quality requirements specified by the design control 

activity. 

(c) DEFINITIONS.—In this section, the terms ‘‘ship critical safety 

item’’ and ‘‘design control activity’’ have the meanings given such 

terms in subsection (g) of section 2319 of title 10, United States 

Code (as so amended). 

(d) CONFORMING AMENDMENTS.—Section 2319 of title 10, 

United States Code, is amended—

(1) in subsection (c)(3), by inserting ‘‘or ship critical safety 

item’’ after ‘‘aviation critical safety item’’; and 

(2) in subsection (g)—

(A) by redesignating paragraph (2) as paragraph (3); 
H. R. 5122—29

(B) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) The term ‘ship critical safety item’ means any ship 

part, assembly, or support equipment containing a characteristic the failure, malfunction, or absence of which could 

cause a catastrophic or critical failure resulting in loss of or 

serious damage to the ship or unacceptable risk of personal 

injury or loss of life.’’; and 

(C) in paragraph (3), as so redesignated—

(i) by inserting ‘‘or ship critical safety item’’ after 

‘‘aviation critical safety item’’; 

(ii) by inserting ‘‘, or the seaworthiness of a ship 

or ship equipment,’’ after ‘‘equipment’’; and 

(iii) by striking ‘‘the item’’ and inserting ‘‘such 

item’’. 

Subtitle D—Air Force Programs 

SEC. 131. BOMBER FORCE STRUCTURE. 

(a) REQUIREMENT FOR B–52 FORCE STRUCTURE.— (1) RETIREMENT LIMITATION.—During the B–52 retirement 

limitation period, the Secretary of the Air Force—

(A) may not retire more than 18 B–52 aircraft; and 

(B) shall maintain not less than 44 such aircraft as 

combat-coded aircraft. 

(2) B–52 RETIREMENT LIMITATION PERIOD.—For purposes 

of paragraph (1), the B–52 retirement limitation period is the 

period beginning on the date of the enactment of this Act 

and ending on the date that is the earlier of—

(A) January 1, 2018; and 

(B) the date as of which a long-range strike replacement aircraft with equal or greater capability than the 

B–52H model aircraft has attained initial operational capability status. 

(b) LIMITATION ON RETIREMENT PENDING REPORT ON BOMBER

FORCE STRUCTURE.— (1) LIMITATION.—No funds authorized to be appropriated 

for the Department of Defense may be obligated or expended 

for retiring any of the 93 B–52H bomber aircraft in service 

in the Air Force as of the date of the enactment of this Act 

until 45 days after the date on which the Secretary of the 

Air Force submits the report specified in paragraph (2). 

(2) REPORT.—A report specified in this subsection is a 

report submitted by the Secretary of the Air Force to the 

Committees on Armed Services of the Senate and the House 

of Representatives on the amount and type of bomber force 

structure of the Air Force, including the matters specified in 

paragraph (4). 

(3) AMOUNT AND TYPE OF BOMBER FORCE STRUCTURE

DEFINED.—In this subsection, the term ‘‘amount and type of 

bomber force structure’’ means the number of each of the following types of aircraft that are required to carry out the 

national security strategy of the United States: 

(A) B–2 bomber aircraft. 

(B) B–52H bomber aircraft. 

(C) B–1 bomber aircraft. 
H. R. 5122—30

(4) MATTER TO BE INCLUDED.—A report under paragraph 

(2) shall include the following: 

(A) The plan of the Secretary of the Air Force for 

the modernization of the B–52, B–1, and B–2 bomber aircraft fleets. 

(B) The amount and type of bomber force structure 

for the conventional mission and strategic nuclear mission 

in executing two overlapping ‘‘swift defeat’’ campaigns. 

(C) A justification of the cost and projected savings 

of any reductions to the B–52H bomber aircraft fleet as 

a result of the retirement of the B–52H bomber aircraft 

covered by the report. 

(D) The life expectancy of each bomber aircraft to 

remain in the bomber force structure. 

(E) The capabilities of the bomber force structure that 

would be replaced, augmented, or superseded by any new 

bomber aircraft. 

(5) PREPARATION OF REPORT.—A report under paragraph 

(2) shall be prepared by the Institute for Defense Analyses 

and submitted to the Secretary of the Air Force for submittal 

by the Secretary in accordance with that paragraph. 

SEC. 132. STRATEGIC AIRLIFT FORCE STRUCTURE. 

Section 8062 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(g)(1) Effective October 1, 2008, the Secretary of the Air Force 

shall maintain a total aircraft inventory of strategic airlift aircraft 

of not less than 299 aircraft. 

‘‘(2) In this subsection: 

‘‘(A) The term ‘strategic airlift aircraft’ means an aircraft—

‘‘(i) that has a cargo capacity of at least 150,000 pounds; 

and 

‘‘(ii) that is capable of transporting outsized cargo an 

unrefueled range of at least 2,400 nautical miles. 

‘‘(B) The term ‘outsized cargo’ means any single item of 

equipment that exceeds 1,090 inches in length, 117 inches 

in width, or 105 inches in height.’’. 

SEC. 133. LIMITATION ON RETIREMENT OF U–2 AIRCRAFT. 

(a) FISCAL YEAR 2007.—The Secretary of the Air Force may 

not retire any U–2 aircraft of the Air Force in fiscal year 2007. 

(b) YEARS AFTER FISCAL YEAR 2007.—

(1) CERTIFICATION REQUIRED.—After fiscal year 2007, the 

Secretary of the Air Force may retire a U–2 aircraft only 

if the Secretary of Defense certifies to Congress that the intelligence, surveillance, and reconnaissance (ISR) capabilities provided by the U–2 aircraft no longer contribute to mitigating 

any gaps in intelligence, surveillance, and reconnaissance 

capabilities identified in the 2006 Quadrennial Defense Review. 

(2) LIMITATIONS.—No action may be taken by the Department of Defense to retire (or to prepare to retire) any U–

2 aircraft before a certification specified in paragraph (1) is 

submitted to Congress. If such a certification is submitted, 

no such action may be taken until after the end of the 60-

day period beginning on the date on which the certification 

is submitted. 
H. R. 5122—31

SEC. 134. MULTIYEAR PROCUREMENT AUTHORITY FOR F–22A RAPTOR 

FIGHTER AIRCRAFT. 

(a) PROHIBITION ON USE OF INCREMENTAL FUNDING.—The Secretary of the Air Force may not use incremental funding for the 

procurement of F–22A aircraft. 

(b) MULTIYEAR AUTHORITY.—The Secretary of the Air Force 

may enter into a multiyear contract for the procurement of up 

to 60 F–22A Raptor fighter aircraft beginning with the 2007 program year. 

(c) COMPLIANCE WITH LAW APPLICABLE TO MULTIYEAR CON- TRACTS.—A contract under subsection (b) for the procurement of 

F–22A aircraft shall be entered into in accordance with section 

2306b of title 10, United States Code, except that, notwithstanding 

subsection (k) of that section, such a contract may not be for 

a period in excess of three program years. 

(d) SECRETARY OF DEFENSE CERTIFICATION.—In the case of 

a contract under subsection (b) for the procurement of F–22A aircraft, a certification under subsection (i)(1)(A) of section 2306b 

of title 10, United States Code, with respect to that contract may 

only be submitted if the certification includes an additional certification by the Secretary that each of the conditions specified in 

subsection (a) of that section has been satisfied with respect to 

that contract, as follows: 

(1) That the use of such contract will result in substantial 

savings of the total anticipated costs of carrying out the program through annual contracts. 

(2) That the minimum need for the property to be purchased is expected to remain substantially unchanged during 

the contemplated contract period in terms of production rate, 

procurement rate, and total quantities. 

(3) That there is a reasonable expectation that throughout 

the contemplated contract period the Secretary of the Air Force 

will request funding for the contract at the level required 

to avoid contract cancellation. 

(4) That there is a stable design for the property to be 

acquired and that the technical risks associated with such 

property are not excessive. 

(5) That the estimates of both the cost of the contract 

and the anticipated cost avoidance through the use of a 

multiyear contract are realistic. 

(6) That the use of such contract will promote the national 

security of the United States. 

In certifying that the cost savings are substantial, the Secretary 

shall duly consider the historical cost savings that led to a decision 

to proceed with a multiyear procurement contract under section 

2306b of title 10, United States Code, in the case of previous 

aviation-related multiyear contracts authorized by law dating back 

to fiscal year 1982. 

(e) FFRDC COST REPORT.—The Secretary of Defense shall provide for a federally funded research and development center (other 

than the Institute for Defense Analyses) to report on the cost 

estimates for a three year, 60-aircraft, F–22A multiyear procurement program, beginning in fiscal year 2007, compared to a corresponding annual procurement program. 

(f) NOTICE-AND-WAIT REQUIREMENT.—Upon submission to Congress of a certification referred to in subsection (d) with respect 

to a proposed contract under subsection (b) for the procurement 
H. R. 5122—32

of F–22A aircraft and the Secretary’s submission to the congressional defense committees of the report referred to in subsection 

(e), the contract may then be entered into only after the end 

of the 30-day period beginning on the later of the date of the 

submission of the certification or the date of the submission of 

the report. 

SEC. 135. LIMITATION ON RETIREMENT OF KC–135E AIRCRAFT DURING 

FISCAL YEAR 2007. 

(a) LIMITATION.—The number of KC–135E aircraft retired by 

the Secretary of the Air Force during fiscal year 2007 may not 

exceed 29. 

(b) TREATMENT OF RETIRED AIRCRAFT.—The Secretary of the 

Air Force shall maintain each KC–135E aircraft that is retired 

by the Secretary after September 30, 2006, in a condition that 

would allow recall of that aircraft to future service in the Air 

Force Reserve, Air National Guard, or active forces aerial refueling 

force structure. 

SEC. 136. LIMITATION ON RETIREMENT OF F–117A AIRCRAFT DURING 

FISCAL YEAR 2007. 

(a) LIMITATION.—The number of F–117A aircraft retired by 

the Secretary of the Air Force during fiscal year 2007 may not 

exceed 10. 

(b) TREATMENT OF RETIRED AIRCRAFT.—The Secretary of the 

Air Force shall maintain each F–117A aircraft that is retired by 

the Secretary after September 30, 2006, in a condition that would 

allow recall of that aircraft to future service. 

SEC. 137. LIMITATION ON RETIREMENT OF C–130E TACTICAL AIRLIFT 

AIRCRAFT. 

(a) LIMITATION.—The number of C–130E tactical airlift aircraft 

retired by the Secretary of the Air Force during fiscal year 2007 

may not exceed 51. 

(b) TREATMENT OF RETIRED AIRCRAFT.—The Secretary of the 

Air Force shall maintain each C–130E tactical airlift aircraft that 

is retired by the Secretary after September 30, 2006, in a condition 

that would allow recall of that aircraft to future service. 

SEC. 138. PROCUREMENT OF JOINT PRIMARY AIRCRAFT TRAINING 

SYSTEM AIRCRAFT AFTER FISCAL YEAR 2006. 

Any Joint Primary Aircraft Training System (JPATS) aircraft 

procured after fiscal year 2006 shall be procured through a contract 

under part 15 of the Federal Acquisition Regulation (FAR), relating 

to acquisition of items by negotiated contract (48 C.F.R. 15.000 

et seq.), rather than through a contract under part 12 of the 

Federal Acquisition Regulation, relating to acquisition of commercial items (48 C.F.R. 12.000 et seq.). 

SEC. 139. MINUTEMAN III INTERCONTINENTAL BALLISTIC MISSILE 

MODERNIZATION. 

(a) MODERNIZATION OF INTERCONTINENTAL BALLISTIC MISSILES

REQUIRED.—The Secretary of the Air Force shall modernize Minuteman III intercontinental ballistic missiles in the United States 

inventory as required to maintain a sufficient supply of launch 

test assets and spares to sustain the deployed force of such missiles 

through 2030. 
H. R. 5122—33

(b) LIMITATION ON TERMINATION OF MODERNIZATION PROGRAMS

PENDING REPORT.—

(1) LIMITATION.—No funds authorized to be appropriated 

for the Department of Defense may be obligated or expended 

for the termination of any ICBM modernization program with 

respect to the Minuteman III intercontinental ballistic missile 

system, or for the withdrawal of any Minuteman III intercontinental ballistic missile from the active force, until 30 days 

after the date on which the Secretary of Defense submits to 

the congressional defense committees a report described in 

subsection (c). 

(2) ICBM MODERNIZATION PROGRAM DEFINED.—In this subsection, the term ‘‘ICBM Modernization program’’ means each 

of the following: 

(A) The Guidance Replacement Program (GRP). 

(B) The Propulsion Replacement Program (PRP). 

(C) The Propulsion System Rocket Engine (PSRE) program. 

(D) The Safety Enhanced Reentry Vehicle (SERV) program. 

(c) REPORT ELEMENTS.—A report under subsection (b)(1) is 

a report setting forth the following: 

(1) A detailed strategic justification for the proposal to 

reduce the Minuteman III intercontinental ballistic missile force 

from 500 to 450 missiles, including an analysis of the effects 

of the reduction on the ability of the United States to assure 

allies and dissuade potential competitors. 

(2) A detailed analysis of the strategic ramifications of 

continuing to equip a portion of the Minuteman III missile 

force with multiple independent warheads rather than single 

warheads. 

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

to maintain a force of 500 deployed Minuteman III missiles 

through 2030. 

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

to maintain a force of 450 deployed Minuteman III missiles 

through 2030. 

(5) An inventory of currently available Minuteman III missile test assets and spares. 

(6) A plan to sustain and complete the modernization of 

all deployed and spare Minuteman III missiles, a test plan, 

and an analysis of the funding required to carry out modernization of all deployed and spare Minuteman III missiles. 

(7) An assessment of whether halting upgrades to the 

Minuteman III missiles withdrawn from the deployed force 

would compromise the ability of those missiles to serve as 

test assets. 

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

for extending the life of the Minuteman III missile force beyond 

fiscal year 2030. 
H. R. 5122—34

Subtitle E—Joint and Multiservice Matters 

SEC. 141. CLARIFICATION OF LIMITATION ON INITIATION OF NEW 

UNMANNED AERIAL VEHICLE SYSTEMS. 

(a) APPLICABILITY OF LIMITATION ONLY TO PROCUREMENT

FUNDS.—Subsection (a) of section 142 of National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3164) is amended—

(1) by inserting ‘‘for procurement’’ after ‘‘the Department 

of Defense’’; and 

(2) by inserting before the period at the end the following: 

‘‘(or by an official within the Office of the Under Secretary 

designated by the Under Secretary for that purpose)’’. 

(b) APPLICABILITY ONLY TO NEW SYSTEMS.—Subsection (b) of 

that section is amended to read as follows: 

‘‘(b) EXCEPTION FOR EXISTING SYSTEMS.—The limitation in subsection (a) does not apply with respect to an unmanned aerial 

vehicle (UAV) system (or any component or other item of associated 

equipment of any such system described in subsection (a)) if as 

of January 6, 2006—

‘‘(1) the system (or component or item of associated equipment) to be procured is otherwise under contract or has previously been procured by the Department; or 

‘‘(2) funds have been appropriated but not yet obligated 

for the system (or component or item of associated equipment).’’. 

TITLE II—RESEARCH, DEVELOPMENT, 

TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Acquisition of, and independent cost analyses for, the Joint Strike Fighter 

propulsion system. 

Sec. 212. Expansion and extension of authority to award prizes for advanced technology achievements. 

Sec. 213. Defense Acquisition Challenge Program extension, enhancement, and 

modification to address critical cost growth threshold breaches in major 

defense acquisition programs. 

Sec. 214. Future Combat Systems milestone review. 

Sec. 215. Dedicated amounts for implementing or evaluating Navy shipbuilding 

technology proposals under Defense Acquisition Challenge Program. 

Sec. 216. Independent estimate of costs of the Future Combat Systems. 

Sec. 217. Funding of defense science and technology programs. 

Sec. 218. Hypersonics development. 

Sec. 219. Report on program for replacement of nuclear warheads on certain Trident sea-launched ballistic missiles with conventional warheads. 

Subtitle C—Missile Defense Programs 

Sec. 221. Fielding of ballistic missile defense capabilities. 

Sec. 222. Limitation on use of funds for space-based interceptor. 

Sec. 223. Policy of the United States on priorities in the development, testing, and 

fielding of missile defense capabilities. 

Sec. 224. One-year extension of Comptroller General assessments of ballistic missile defense programs. 

Sec. 225. Submittal of plans for test and evaluation of the operational capability of 

the Ballistic Missile Defense System. 

Sec. 226. Annual reports on transition of ballistic missile defense programs to the 

military departments. 
H. R. 5122—35

Subtitle D—Other Matters 

Sec. 231. Policies and practices on test and evaluation to address emerging acquisition approaches. 

Sec. 232. Extension of requirement for Global Research Watch Program. 

Sec. 233. Sense of Congress on technology sharing of Joint Strike Fighter technology. 

Sec. 234. Report on vehicle-based active protection systems for certain battlefield 

threats.

Subtitle A—Authorization of 

Appropriations 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2007 for the use of the Department of Defense for research, development, test, and evaluation as follows: 

(1) For the Army, $10,876,609,000. 

(2) For the Navy, $17,383,857,000. 

(3) For the Air Force, $24,235,951,000. 

(4) For Defense-wide activities, $21,111,559,000, of which 

$181,520,000 is authorized for the Director of Operational Test 

and Evaluation. 

SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY. 

(a) FISCAL YEAR 2007.—Of the amounts authorized to be appropriated by section 201, $11,662,554,000 shall be available for the 

Defense Science and Technology Program, including basic research, 

applied research, and advanced technology development projects. 

(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED TECHNOLOGY DEVELOPMENT DEFINED.—For purposes of this section, the 

term ‘‘basic research, applied research, and advanced technology 

development’’ means work funded in program elements for defense 

research and development under Department of Defense budget 

activity 1, 2, or 3. 

Subtitle B—Program Requirements, 

Restrictions, and Limitations 

SEC. 211. ACQUISITION OF, AND INDEPENDENT COST ANALYSES FOR, 

THE JOINT STRIKE FIGHTER PROPULSION SYSTEM. 

(a) ACQUISITION.— (1) IN GENERAL.—The Secretary of Defense shall provide 

for the development and procurement of the propulsion system 

for the Joint Strike Fighter aircraft through the continued 

development and sustainment of two interchangeable propulsion systems for that aircraft by two separate contractors 

throughout the life cycle of the aircraft. 

(2) MODIFICATIONS PROHIBITED.—Except as provided by 

paragraph (3), the Secretary may not carry out any modification 

to the acquisition program for the Joint Strike Fighter aircraft 

that would result in the development or procurement of the 

propulsion system for that aircraft in a manner other than 

that required by paragraph (1). 

(3) MODIFICATIONS ALLOWED.—Notwithstanding paragraph 

(1), a modification described in paragraph (2) may be carried 
H. R. 5122—36

out to the extent that each of the following requirements is 

met: 

(A) The Secretary of Defense has notified the congressional defense committees of the modification. 

(B) Each of the reports required by subsection (b) has 

been submitted. 

(C) Funds are appropriated for that purpose pursuant 

to an authorization of appropriations. 

(b) INDEPENDENT COST ANALYSES.—

(1) IN GENERAL.—A comprehensive and detailed cost analysis of the Joint Strike Fighter engine program shall be 

independently performed by each of the following: 

(A) The Comptroller General. 

(B) A federally funded research and development center 

selected by the Secretary of Defense. 

(C) The Secretary of Defense, acting through the Cost 

Analysis Improvement Group of the Office of the Secretary 

of Defense. 

(2) MATTERS COVERED.—Each such cost analysis shall 

cover—

(A) an alternative under which the Joint Strike Fighter 

aircraft is capable of using the F135 engine only; 

(B) an alternative under which the program executes 

a one-time firm-fixed price contract for a selected propulsion system for the Joint Strike Fighter aircraft for the 

life cycle of the aircraft following the Initial Service Release 

of the propulsion system in fiscal year 2008; 

(C) an alternative under which the Joint Strike Fighter 

aircraft is capable of using either the F135 engine or the 

F136 engine, and the engine selection is carried out on 

a competitive basis; and 

(D) any other alternative, whether competitive or sole 

source, that would reduce total life-cycle cost, improve program schedule, or both. 

(3) REPORTS.—Not later than March 15, 2007, the Secretary 

of Defense, the Comptroller General, and the chief executive 

officer of the federally funded research and development center 

selected under paragraph (1)(B) shall independently submit 

to the congressional defense committees a report on the cost 

analysis carried out under paragraph (1). Each such report 

shall include each of the following matters: 

(A) The key assumptions used in carrying out the 

cost analysis. 

(B) The methodology and techniques used in carrying 

out the cost analysis. 

(C) For each alternative required by paragraph (2)—

(i) a comparison of the life-cycle costs, including 

costs in current and constant dollars and a net-presentvalue analysis; 

(ii) estimates of—

(I) supply, maintenance, and other operations 

manpower required to support the alternative; 

(II) the number of flight hours required to 

achieve engine maturity and the year in which 

that is expected to be achieved; and 
H. R. 5122—37

(III) the total number of engines expected to 

be procured over the lifetime of the Joint Strike 

Fighter program; and 

(iii) an evaluation of benefits, other than cost, provided by competition, to include an assessment of 

improved performance, operational readiness and 

warfighting capability, risk reduction, technology 

innovation, and contractor responsiveness. 

(D) A description of the acquisition strategies 

(including development and production) that were used 

for, and experience with respect to cost, schedule, and 

performance under, past acquisition programs for engines 

for tactical fighter aircraft, including the F–15, F–16, F–

18, and F–22 aircraft. 

(E) A comparison of the experiences under past acquisition programs carried out on a sole-source basis with 

respect to performance, savings, maintainability, reliability, 

and technical innovation. 

(F) The impact that canceling the F136 competitive 

engine would have on the high-performance military engine 

industrial base, and on the Department of Defense’s ability 

to make competitive engine choices for future combat aircraft systems beyond the Joint Strike Fighter. 

(G) Conclusions and recommendations. 

(4) CERTIFICATIONS.—In submitting the report required by 

paragraph (3), the Comptroller General and the chief executive 

officer of the federally funded research and development center 

shall also submit a certification as to whether the Secretary 

of Defense provided access to sufficient information to enable 

the Comptroller General or the chief executive officer, as the 

case may be, to make informed judgments on the matters 

required to be included in the report. 

(c) LIFE-CYCLE COSTS DEFINED.—In this section, the term ‘‘lifecycle costs’’ includes—

(1) those elements of cost that would be considered for 

a life-cycle cost analysis for a major defense acquisition program, including procurement of engines, procurement of spare 

engines, and procurement of engine components and parts; 

and 

(2) good-faith estimates of routine engine costs (such as 

performance upgrades and component improvement) that 

historically have occurred in tactical fighter engine programs. 

SEC. 212. EXPANSION AND EXTENSION OF AUTHORITY TO AWARD 

PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS. 

(a) EXPANSION.— (1) IN GENERAL.—Subsection (a) of section 2374a of title 

10, United States Code, is amended—

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

Research Projects Agency’’ and inserting ‘‘Director of 

Defense Research and Engineering and the service acquisition executive for each military department’’; and 

(B) by striking ‘‘a program’’ and inserting ‘‘programs’’. 

(2) CONFORMING AMENDMENTS.—Such section is further 

amended—

(A) in subsection (b), by striking ‘‘The program’’ and 

inserting ‘‘Each program’’; and 
H. R. 5122—38

(B) in subsection (d)—

(i) by striking ‘‘The program’’ and inserting ‘‘A 

program’’; and 

(ii) by striking ‘‘the Director’’ and inserting ‘‘an 

official referred to in that subsection’’. 

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

striking ‘‘September 30, 2007’’ and inserting ‘‘September 30, 2010’’. 

(c) MODIFICATION OF REPORTING REQUIREMENT.—Subsection (e) 

of such section is amended to read as follows: 

‘‘(e) ANNUAL REPORT.—

‘‘(1) IN GENERAL.—Not later than March 1 of each year, 

the Secretary shall submit to the Committee on Armed Services 

of the Senate and the Committee on Armed Services of the 

House of Representatives a report on the activities carried 

out during the preceding fiscal year under the authority in 

subsection (a). 

‘‘(2) INFORMATION INCLUDED.—The report for a fiscal year 

under this subsection shall include, for each program under 

subsection (a), the following: 

‘‘(A) A description of the proposed goals of the competitions established under the program, including the areas 

of research, technology development, or prototype development to be promoted by such competitions and the relationship of such areas to the military missions of the Department of Defense. 

‘‘(B) An analysis of why the utilization of the authority 

in subsection (a) was the preferable method of achieving 

the goals described in subparagraph (A) as opposed to 

other authorities available to the Department, such as 

contracts, grants, and cooperative agreements. 

‘‘(C) The total amount of cash prizes awarded under 

the program, including a description of the manner in 

which the amounts of cash prizes awarded and claimed 

were allocated among the accounts of the Department for 

recording as obligations and expenditures. 

‘‘(D) The methods used for the solicitation and evaluation of submissions under the program, together with an 

assessment of the effectiveness of such methods. 

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

and funding, used in the execution of the program, together 

with a detailed description of the activities for which such 

resources were used and an accounting of how funding 

for execution was allocated among the accounts of the 

Department for recording as obligations and expenditures. 

‘‘(F) A description of any plans to transition the technologies or prototypes developed as a result of the program 

into an acquisition program of the Department. 

‘‘(3) SUSPENSION OF AUTHORITY FOR FAILURE TO INCLUDE

INFORMATION.—For each program under subsection (a), the 

authority to obligate or expend funds under that program is 

suspended as of the date specified in paragraph (1) if the 

Secretary does not, by that date, submit a report that includes, 

for that program, all the information required by paragraph 

(2). As of the date on which the Secretary does submit a 

report that includes, for that program, all the information 

required by paragraph (2), the suspension is lifted.’’. 
H. R. 5122—39

SEC. 213. DEFENSE ACQUISITION CHALLENGE PROGRAM EXTENSION, 

ENHANCEMENT, AND MODIFICATION TO ADDRESS CRITICAL COST GROWTH THRESHOLD BREACHES IN MAJOR 

DEFENSE ACQUISITION PROGRAMS. 

(a) ASSESSMENT OF ADDITIONAL ISSUES REQUIRED IN THE EVENT

OF CRITICAL COST GROWTH.—Section 2433(e)(2)(A) of title 10, 

United States Code, is amended—

(1) by redesignating clauses (i), (ii), and (iii) as clauses 

(ii), (iii), and (iv) respectively; and 

(2) by inserting before clause (ii) (as so redesignated) the 

following new clause: 

‘‘(i) any design, engineering, manufacturing, or technology integration issues that contributed significantly to 

the cost growth of the program;’’. 

(b) REQUIREMENT FOR CHALLENGE PROGRAM TO ADDRESS CRITICAL COST GROWTH THRESHOLD BREACHES IN MAJOR DEFENSE

ACQUISITION PROGRAMS.—

(1) SOLICITATION OF CHALLENGE PROPOSALS.—Section 

2359b(c) of title 10, United States Code, is amended—

(A) by redesignating paragraphs (4), (5), and (6) as 

paragraphs (5), (6), and (7), respectively; and 

(B) by inserting after paragraph (3) the following new 

paragraph (4): 

‘‘(4)(A) The Under Secretary shall establish procedures for 

the prompt issuance of a solicitation for challenge proposals 

addressing—

‘‘(i) any acquisition program for which, since the last 

such announcement, the Secretary concerned has determined under section 2433(d) of this title that the program’s 

acquisition unit cost or procurement unit cost has increased 

by a percentage equal to or greater than the critical cost 

growth threshold for the program (in this section referred 

to as a ‘critical cost growth threshold breach’); and 

‘‘(ii) any design, engineering, manufacturing, or technology integration issues, in accordance with the assessment required by section 2433(e)(2)(A) of this title, that 

have contributed significantly to the cost growth of such 

program. 

‘‘(B) A solicitation under this paragraph may be included 

in a broad agency announcement issued pursuant to paragraph 

(3) as long as the broad agency announcement is released 

in an expeditious manner following the determination of the 

Secretary concerned that a critical cost growth threshold breach 

has occurred with respect to a major defense acquisition program.’’. 

(2) REQUIREMENT FOR GUIDELINES FOR COVERING COSTS

OF CHALLENGE PROPOSALS.—Section 2359b(e) of such title is 

amended by adding at the end the following new paragraph: 

‘‘(3) In the case of a challenge proposal submitted in response 

to a solicitation issued as a result of a critical cost growth threshold 

breach that is determined under full review and evaluation to 

satisfy each of the criteria specified in subsection (c)(5), the Under 

Secretary shall establish guidelines for covering the costs of the 

challenge proposal. If appropriate, such guidelines shall not be 

restricted to funding provided by the Defense Acquisition Challenge 

Program, but shall also consider alternative funding sources, such 
H. R. 5122—40

as the acquisition program with respect to which the breach 

occurred.’’. 

(3) ACTION UPON UNFAVORABLE FULL REVIEW AND EVALUATION.—Section 2359b of such title is amended—

(A) by redesignating subsections (f), (g), (h), (i), and 

(j) as subsections (g), (h), (i), (j), and (k) respectively; and 

(B) by inserting after subsection (e) the following new 

subsection (f): 

‘‘(f) ACTION UPON UNFAVORABLE FULL REVIEW AND EVALUATION.—Under procedures prescribed by the Under Secretary, if a 

challenge proposal is determined by a Panel to satisfy each of 

the criteria specified in subsection (c)(5), but is not determined 

under a full review and evaluation to satisfy such criteria, the 

following provisions apply: 

‘‘(1) The office carrying out the full review and evaluation 

shall provide to the Panel that conducted the preliminary 

evaluation a statement containing a summary of the rationale 

for the unfavorable evaluation. 

‘‘(2) If the Panel disagrees with the rationale provided 

under paragraph (1), the Panel may return the challenge proposal to the office for further consideration.’’. 

(4) ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED

IN ANNUAL REPORT.—Section 2359b(j) of such title, as redesignated by paragraph (3), is amended by striking ‘‘No report 

is required for a fiscal year in which the Challenge Program 

is not carried out.’’ and inserting ‘‘The report shall also include 

a list of each challenge proposal that was determined by a 

Panel to satisfy each of the criteria specified in subsection 

(c)(5), but was not determined under a full review and evaluation to satisfy such criteria, together with a detailed rationale 

for the Department’s determination that such criteria were 

not satisfied.’’. 

(c) EVALUATION AND REPORT REQUIRED.—The Under Secretary 

of Defense for Acquisition, Technology, and Logistics, in coordination 

with the service acquisition executives, shall—

(1) evaluate the efficacy of the incentives provided to 

encourage the adoption of each challenge proposal receiving 

favorable full review and evaluation, as required by section 

2359b(e)(2) of title 10, United States Code; 

(2) identify additional incentives and authorities required, 

if any, to further facilitate the adoption of each challenge proposal receiving favorable full review and evaluation, particularly in the case of challenge proposals submitted in response 

to critical cost growth threshold breaches (as such term is 

used in section 2359b of such title); and 

(3) not later than March 1, 2007, submit to the Committees 

on Armed Services of the Senate and the House of Representatives a report setting forth the results of such evaluation and 

identification. 

(d) PRIORITY FOR PROPOSALS FROM CERTAIN BUSINESSES.—

Paragraph (6) of section 2359b(c) of such title, as redesignated 

by paragraph (b)(1)(A), is amended to read as follows: 

‘‘(6) The Under Secretary—

‘‘(A) may establish procedures to ensure that the Challenge 

Program does not become an avenue for the repetitive submission of proposals that have been previously reviewed and found 

not to have merit; and 
H. R. 5122—41

‘‘(B) may establish procedures to ensure that the Challenge 

Program establishes appropriate priorities for proposals from 

businesses that are not major contractors with the Department 

of Defense.’’. 

(e) CONFIDENTIALITY.—Subsection (h) of section 2359b of such 

title, as redesignated by subsection (b)(3), is amended—

(1) by amending the heading to read as follows: ‘‘CONFLICTS

OF INTEREST AND CONFIDENTIALITY’’; and 

(2) by striking the period at the end and inserting the 

following: ‘‘and that the identity of any person or activity 

submitting a challenge proposal is not disclosed outside the 

Federal Government, prior to contract award, without the consent of the person or activity. For purposes of the proceeding 

sentence, the term ‘Federal Government’ includes both 

employees of the Federal Government and employees of Federal 

Government contractors providing advisory and assistance services as described in part 37 of the Federal Acquisition Regulation.’’. 

(f) EXTENSION.—Subsection (k) of section 2359b of title 10, 

United States Code, as redesignated by subsection (b)(3), is amended 

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

2012’’. 

(g) ADDITIONAL CONFORMING AMENDMENTS.—Section 2359b of 

such title is further amended—

(1) in subsection (c)(7), as redesignated by subsection (b), 

by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (5)’’; 

(2) in subsection (d)(1), by striking ‘‘subsection (c)(6)’’ and 

inserting ‘‘subsection (c)(7)’’; 

(3) in subsection (d)(2), by striking ‘‘subsection (c)(4)’’ and 

inserting ‘‘subsection (c)(5)’’; and 

(4) in subsection (e)(1), by striking ‘‘subsection (c)(4)’’ and 

inserting ‘‘subsection (c)(5)’’. 

SEC. 214. FUTURE COMBAT SYSTEMS MILESTONE REVIEW. 

(a) MILESTONE REVIEW REQUIRED.—Not later than 120 days 

after the preliminary design review of the Future Combat Systems 

program is completed, the Secretary of Defense shall carry out 

a Defense Acquisition Board milestone review of the Future Combat 

Systems program. The milestone review shall include an assessment 

as to each of the following: 

(1) Whether the warfighter’s needs are valid and can be 

best met with the concept of the program. 

(2) Whether the concept of the program can be developed 

and produced within existing resources. 

(3) Whether the program should—

(A) continue as currently structured; 

(B) continue in restructured form; or 

(C) be terminated. 

(b) DETERMINATIONS TO BE MADE IN ASSESSING WHETHER PROGRAM SHOULD CONTINUE.—In making the assessment required by 

subsection (a)(3), the Secretary shall make a determination with 

respect to each of the following: 

(1) Whether each critical technology for the program is 

at least Technical Readiness Level 6. 

(2) For each system and network component of the program, 

what the key design and technology risks are, based on System 
H. R. 5122—42

Functional Reviews, Preliminary Design Reviews, and Technical Readiness Levels. 

(3) Whether actual demonstrations, rather than simulations, have shown that the concept of the program will work. 

(4) Whether actual demonstrations, rather than plans, have 

shown that the software for the program is functional. 

(5) What the cost estimate for the program is. 

(6) What the affordability assessment for the program is, 

based on that cost estimate. 

(c) REPORT.—The Secretary shall submit to the congressional 

defense committees a report on the findings and conclusions of 

the milestone review required by subsection (a). The report shall 

include, and display, each of the assessments required by subsection 

(a) and each of the determinations required by subsection (b). 

(d) RESTRICTION ON PROCUREMENT FUNDS EFFECTIVE FISCAL

2009.—

(1) IN GENERAL.—For fiscal years beginning with 2009, 

the Secretary may not obligate any funds for procurement 

for the Future Combat Systems program. 

(2) EXCEPTIONS.—Paragraph (1) does not apply with respect 

to—

(A) the obligation of funds for costs attributable to 

an insertion of new technology (to include spinout systems) 

into the current force, if the insertion is approved by the 

Under Secretary of Defense for Acquisition, Technology, 

and Logistics; or 

(B) the obligation of funds for the non-line-of-sight 

cannon system. 

(3) TERMINATION.—The requirement of paragraph (1) terminates after the report required by subsection (c) is submitted. 

SEC. 215. DEDICATED AMOUNTS FOR IMPLEMENTING OR EVALUATING 

NAVY SHIPBUILDING TECHNOLOGY PROPOSALS UNDER 

DEFENSE ACQUISITION CHALLENGE PROGRAM. 

(a) AMOUNTS REQUIRED.—Of the amounts appropriated pursuant to the authorization of appropriations in section 201(4) for 

research, development, test, and evaluation, Defense-wide, 

$4,000,000 may be available to implement or evaluate challenge 

proposals specified in subsection (b). 

(b) CHALLENGE PROPOSALS COVERED.—A challenge proposal 

referred to in subsection (a) is a proposal under the Defense Acquisition Challenge Program established by section 2359b of title 10, 

United States Code, that relates to technology directly contributing 

to combat systems and open architecture design for Navy ship 

platforms. 

SEC. 216. INDEPENDENT ESTIMATE OF COSTS OF THE FUTURE COMBAT SYSTEMS. 

(a) INDEPENDENT ESTIMATE REQUIRED.—

(1) IN GENERAL.—The Secretary of Defense shall provide 

for the preparation of an independent estimate of the anticipated costs of systems development and demonstration with 

respect to the Future Combat Systems. 

(2) CONDUCT OF ESTIMATE.—The estimate required by this 

subsection shall be prepared by a federally funded research 

and development center selected by the Secretary for purposes 

of this subsection. 
H. R. 5122—43

(3) MATTERS TO BE ADDRESSED.—The independent estimate 

prepared under this subsection shall address costs of research, 

development, test, and evaluation, and costs of procurement, 

for—

(A) the system development and demonstration phase 

of the core Future Combat Systems; 

(B) the Future Combat Systems technologies to be 

incorporated into the equipment of the current force of 

the Army (often referred to as ‘‘spinouts’’); 

(C) the installation kits for the incorporation of such 

technologies into such equipment; 

(D) the systems treated as complementary systems 

for the Future Combat Systems; 

(E) science and technology initiatives that support the 

Future Combat Systems program; and 

(F) any pass-through charges anticipated to be assessed 

by the lead systems integrator of the Future Combat Systems and its major subcontractors. 

(4) SUBMITTAL TO CONGRESS.—Upon completion of the independent estimate required by this subsection, the Secretary 

shall submit to the congressional defense committees a report 

on the estimate. 

(5) DEADLINE FOR SUBMITTAL.—The report described in 

paragraph (4) shall be submitted not later than April 1, 2007. 

(b) PASS-THROUGH CHARGE DEFINED.—In this section, the term 

‘‘pass-through charge’’ has the meaning given that term in section 

805(c)(5) of the National Defense Authorization Act for Fiscal Year 

2006 (Public Law 109–163; 119 Stat. 3373). 

SEC. 217. FUNDING OF DEFENSE SCIENCE AND TECHNOLOGY PROGRAMS. 

(a) FAILURE TO COMPLY WITH FUNDING OBJECTIVE.—Section 

212 of the National Defense Authorization Act for Fiscal Year 

2000 (10 U.S.C. 2501 note) is amended in subsection (a) by striking 

‘‘especially the Air Force Science and Technology Program,’’. 

(b) EXTENSION OF FUNDING OBJECTIVE.—Such section is 

amended in subsection (b) by striking ‘‘through 2009’’ and inserting 

‘‘through 2012’’. 

(c) ACTIONS FOLLOWING FAILURE TO COMPLY WITH OBJECTIVE.—Such section is further amended by adding at the end the 

following new subsection: 

‘‘(c) ACTIONS FOLLOWING FAILURE TO COMPLY WITH OBJECTIVE.—If the proposed budget for a fiscal year covered by subsection 

(b) fails to comply with the objective set forth in that subsection, 

the Secretary of Defense shall submit to the congressional defense 

committees, at the same time that the Department of Defense 

budget justification materials for the next fiscal year are submitted 

to Congress—

‘‘(1) a detailed, prioritized list, including estimates of 

required funding, of highly-rated science and technology 

projects received by the Department through competitive solicitations and broad agency announcements which—

‘‘(A) are not funded solely due to lack of resources, 

but 

‘‘(B) represent science and technology opportunities 

that support the research and development programs and 
H. R. 5122—44

goals of the military departments and the Defense Agencies; and 

‘‘(2) a report, in both classified and unclassified form, containing an analysis and evaluation of international research 

and technology capabilities, including an identification of any 

technology areas in which the United States may not have 

global technical leadership within the next 10 years, in each 

of the technology areas described in the following plans: 

‘‘(A) The most current Joint Warfighting Science and 

Technology Plan required by section 270 of the National 

Defense Authorization Act for Fiscal Year 1997 (10 U.S.C. 

2501 note). 

‘‘(B) The Defense Technology Area Plan of the Department of Defense. 

‘‘(C) The Basic Research Plan of the Department of 

Defense.’’. 

SEC. 218. HYPERSONICS DEVELOPMENT. 

(a) ESTABLISHMENT OF JOINT TECHNOLOGY OFFICE ON

HYPERSONICS.—The Secretary of Defense shall establish within the 

Office of the Secretary of Defense a joint technology office on 

hypersonics. The office shall carry out the program required under 

subsection (b), and shall have such other responsibilities relating 

to hypersonics as the Secretary shall specify. 

(b) PROGRAM ON HYPERSONICS.—The joint technology office 

established under subsection (a) shall carry out a program for 

the development of hypersonics for defense purposes. 

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

by subsection (b), the joint technology office established under subsection (a) shall do the following: 

(1) Coordinate and integrate current and future research, 

development, test, and evaluation programs and system demonstration programs of the Department of Defense on 

hypersonics. 

(2) Undertake appropriate actions to ensure—

(A) close and continuous integration of the programs 

on hypersonics of the military departments with the programs on hypersonics of the Defense Agencies; 

(B) coordination of the programs referred to in subparagraph (A) with the programs on hypersonics of the National 

Aeronautics and Space Administration; and 

(C) that developmental testing resources are adequate 

and facilities are made available in a timely manner to 

support hypersonics research, demonstration programs, and 

system development. 

(3) Approve demonstration programs on hypersonic systems. 

(4) Ensure that any demonstration program on hypersonic 

systems that is carried out in any year after its approval 

under paragraph (3) is carried out only if certified under subsection (e) as being consistent with the roadmap under subsection (d). 

(d) ROADMAP.—

(1) ROADMAP REQUIRED.—The joint technology office established under subsection (a) shall develop, and every two years 

revise, a roadmap for the hypersonics programs of the Department of Defense. 
H. R. 5122—45

(2) COORDINATION.—The roadmap shall be developed and 

revised under paragraph (1) in coordination with the Joint 

Staff and in consultation with the National Aeronautics and 

Space Administration. 

(3) ELEMENTS.—The roadmap shall include the following 

matters: 

(A) Anticipated or potential mission requirements for 

hypersonics. 

(B) Short-term, mid-term, and long-term goals for the 

Department of Defense on hypersonics, which shall be consistent with the missions and anticipated requirements 

of the Department over the applicable period. 

(C) A schedule for meeting such goals, including—

(i) the activities and funding anticipated to be 

required for meeting such goals; and 

(ii) the activities of the National Aeronautics and 

Space Administration to be leveraged by the Department to meet such goals. 

(D) The test and evaluation facilities required to support the activities identified in subparagraph (C), along 

with the schedule and funding required to upgrade those 

facilities, as necessary. 

(E) Acquisition transition plans for hypersonics. 

(4) SUBMITTAL TO CONGRESS.—The Secretary shall submit 

to the congressional defense committees—

(A) at the same time as the submittal to Congress 

of the budget for fiscal year 2008 (as submitted pursuant 

to section 1105 of title 31, United States Code), the 

roadmap developed under paragraph (1); and 

(B) at the same time as the submittal to Congress 

of the budget for each even-numbered fiscal year after 

2008, the roadmap revised under paragraph (1). 

(e) ANNUAL REVIEW AND CERTIFICATION OF FUNDING.— (1) ANNUAL REVIEW.—The joint technology office established under subsection (a) shall conduct on an annual basis 

a review of—

(A) the funding available for research, development, 

test, and evaluation and demonstration programs within 

the Department of Defense for hypersonics, in order to 

determine whether or not such funding is consistent with 

the roadmap developed under subsection (d); and 

(B) the hypersonics demonstration programs of the 

Department, in order to determine whether or not such 

programs avoid duplication of effort and support the goals 

of the Department in a manner consistent with the 

roadmap developed under subsection (d). 

(2) CERTIFICATION.—The joint technology office shall, as 

a result of each review under paragraph (1), certify to the 

Secretary whether or not the funding and programs subject 

to such review are consistent with the roadmap developed 

under subsection (d). 

(3) TERMINATION.—The requirements of this subsection 

shall terminate after the submittal to Congress of the budget 

for fiscal year 2012 pursuant to section 1105 of title 31, United 

States Code. 

(f) REPORTS TO CONGRESS.—If, as a result of a review under 

subsection (e), funding or a program on hypersonics is certified 
H. R. 5122—46

under that subsection not to be consistent with the roadmap developed under subsection (d), the Secretary shall submit to the congressional defense committees, at the same time as the submittal to 

Congress of the budget (as submitted pursuant to section 1105 

of title 31, United States Code), a report on such funding or program, as the case may be, describing how such funding or program 

is not consistent with the roadmap, together with a statement 

of the actions to be taken by the Department. 

SEC. 219. REPORT ON PROGRAM FOR REPLACEMENT OF NUCLEAR 

WARHEADS ON CERTAIN TRIDENT SEA-LAUNCHED BALLISTIC MISSILES WITH CONVENTIONAL WARHEADS. 

(a) REPORT REQUIRED.—Not later than February 1, 2007, the 

Secretary of Defense shall submit to the congressional defense 

committees a report setting forth a proposal to replace nuclear 

warheads on 24 Trident D–5 sea-launched ballistic missiles with 

conventional kinetic warheads for deployment on submarines that 

carry Trident sea-launched ballistic missiles. The report shall be 

prepared in consultation with the Secretary of State. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of the types of scenarios, types of targets, 

and circumstances in which a conventional sea-launched ballistic missile might be used. 

(2) A discussion of the weapon systems or weapons, whether 

current or planned, that could be used as an alternative for 

each of the scenarios, target types, and circumstances set forth 

under paragraph (1), and a statement of any reason why each 

such weapon system or weapon is not a suitable alternative 

to a conventional sea-launched ballistic missile. 

(3) A description of the command and control arrangements 

for conventional sea-launched ballistic missiles, including 

launch authority and the use of Permissive Action Links (PALs). 

(4) An assessment of the capabilities of other countries 

to detect and track the launch of a conventional or nuclear 

sea-launched ballistic missile. 

(5) An assessment of the capabilities of other countries 

to discriminate between the launch of a nuclear sea-launched 

ballistic missile and a conventional sea-launched ballistic missile, other than in a testing scenario. 

(6) An assessment of the notification and other protocols 

that would have to be in place before using any conventional 

sea-launched ballistic missile and a plan for entering into such 

protocols. 

(7) An assessment of the adequacy of the intelligence that 

would be needed to support an attack involving conventional 

sea-launched ballistic missiles. 

(8) A description of the total program cost, including the 

procurement costs of additional D–5 missiles, of the conventional Trident sea-launched ballistic missile program, by fiscal 

year. 

(9) An analysis and assessment of the implications for 

ballistic missile proliferation if the United States decides to 

go forward with the conventional Trident sea-launched ballistic 

missile program or any other conventional long-range ballistic 

missile program. 
H. R. 5122—47

(10) An analysis and assessment of the implications for 

the United States missile defense system if other countries 

use conventional long-range ballistic missiles. 

(11) An analysis of any problems created by the ambiguity 

that results from the use of the same ballistic missile for 

both conventional and nuclear warheads. 

(12) An analysis and assessment of the methods that other 

countries might use to resolve the ambiguities associated with 

a nuclear or conventional sea-launched ballistic missile. 

(13) An analysis, by the Secretary of State, of the international, treaty, and other concerns that would be associated 

with the use of a conventional sea-launched ballistic missile 

and recommendations for measures to mitigate or eliminate 

such concerns. 

(14) A joint statement by the Secretary of Defense and 

the Secretary of State on how to ensure that the use of a 

conventional sea-launched ballistic missile will not result in 

an intentional, inadvertent, mistaken, or accidental reciprocal 

or responsive launch of a nuclear strike by any other country. 

Subtitle C—Missile Defense Programs 

SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES. 

Upon approval by the Secretary of Defense, funds authorized 

to be appropriated for fiscal years 2007 and 2008 for research, 

development, test, and evaluation for the Missile Defense Agency 

may be used for the development and fielding of ballistic missile 

defense capabilities. 

SEC. 222. LIMITATION ON USE OF FUNDS FOR SPACE-BASED INTERCEPTOR. 

(a) LIMITATION.—No funds appropriated or otherwise made 

available to the Department of Defense may be obligated or 

expended for the testing or deployment of a space-based interceptor 

until 90 days after the date on which a report described in subsection (c) is submitted. 

(b) SPACE-BASED INTERCEPTOR DEFINED.—For purposes of this 

section, the term ‘‘space-based interceptor’’ means a kinetic or 

directed energy weapon that is stationed on a satellite or orbiting 

platform and that is intended to destroy another satellite in orbit 

or a ballistic missile launched from earth. 

(c) REPORT.—A report described in this subsection is a report 

prepared by the Director of the Missile Defense Agency and submitted to the congressional defense committees containing the following: 

(1) A description of the essential components of a proposed 

space-based interceptor system, including a description of how 

the system proposed would enhance or complement other missile defense systems. 

(2) An estimate of the acquisition and life-cycle cost of 

the system described under paragraph (1), including lift cost 

and periodic replacement cost due to depreciation and attrition. 

(3) An analysis of the vulnerability of such a system to 

counter-measures, including direct ascent and co-orbital interceptors, and an analysis of the functionality of such a system 

in the aftermath of a nuclear detonation in space. 
H. R. 5122—48

(4) A projection of the foreign policy and national security 

implications of a space-based interceptor program, including 

the probable response of United States adversaries and United 

States allies. 

SEC. 223. POLICY OF THE UNITED STATES ON PRIORITIES IN THE 

DEVELOPMENT, TESTING, AND FIELDING OF MISSILE 

DEFENSE CAPABILITIES. 

(a) FINDINGS.—Congress makes the following findings: 

(1) In response to the threat posed by ballistic missiles, 

President George W. Bush in December 2002 directed the Secretary of Defense to proceed with the fielding of an initial 

set of missile defense capabilities in 2004 and 2005. 

(2) According to assessments by the intelligence community 

of the United States, North Korea tested in 2005 a new solid 

propellant short-range ballistic missile, conducted a launch of 

a Taepodong-2 ballistic missile/space launch vehicle in 2006, 

and is likely developing intermediate-range and intercontinental ballistic missile capabilities that could someday reach 

as far as the United States with a nuclear payload. 

(3) According to assessments by the intelligence community 

of the United States, Iran continued in 2005 to test its mediumrange ballistic missile, and the danger that Iran will acquire 

a nuclear weapon and integrate it with a ballistic missile Iran 

already possesses is a reason for immediate concern. 

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

Department of Defense accord a priority within the missile defense 

program to the development, testing, fielding, and improvement 

of effective near-term missile defense capabilities, including the 

ground-based midcourse defense system, the Aegis ballistic missile 

defense system, the Patriot PAC–3 system, the Terminal High 

Altitude Area Defense system, and the sensors necessary to support 

such systems. 

SEC. 224. ONE-YEAR EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS OF BALLISTIC MISSILE DEFENSE PROGRAMS. 

Section 232(g) of the National Defense Authorization Act for 

Fiscal Year 2002 (10 U.S.C. 2431 note) is amended—

(1) in paragraph (1), by striking ‘‘through 2007’’ and 

inserting ‘‘through 2008’’; and 

(2) in paragraph (2), by striking ‘‘through 2008’’ and 

inserting ‘‘through 2009’’. 

SEC. 225. SUBMITTAL OF PLANS FOR TEST AND EVALUATION OF THE 

OPERATIONAL CAPABILITY OF THE BALLISTIC MISSILE 

DEFENSE SYSTEM. 

Section 234(a) of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3174; 10 U.S.C. 

2431 note) is amended by adding at the end the following new 

paragraph: 

‘‘(3) SUBMITTAL TO CONGRESS.—Each plan prepared under 

this subsection and approved by the Director of Operational 

Test and Evaluation shall be submitted to the congressional 

defense committees not later than 30 days after the date of 

the approval of such plan by the Director.’’. 
H. R. 5122—49

SEC. 226. ANNUAL REPORTS ON TRANSITION OF BALLISTIC MISSILE 

DEFENSE PROGRAMS TO THE MILITARY DEPARTMENTS. 

(a) REPORT REQUIRED.—Not later than March 1, 2007, and 

annually thereafter through 2013, the Under Secretary of Defense 

for Acquisition, Technology, and Logistics shall submit to the 

congressional defense committees a report on the plans of the 

Department of Defense for the transition of missile defense programs from the Missile Defense Agency to the military departments. 

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

(a) shall cover the period covered by the future-years defense program that is submitted under section 221 of title 10, United States 

Code, in the year in which such report is submitted. 

(c) ELEMENTS.—Each report required by subsection (a) shall 

include the following: 

(1) An identification of—

(A) the missile defense programs planned to be 

transitioned from the Missile Defense Agency to the military departments; and 

(B) the missile defense programs, if any, not planned 

for transition to the military departments. 

(2) The schedule for transition of each missile defense 

program planned to be transitioned to a military department, 

and an explanation of such schedule. 

(3) A description of—

(A) the status of the plans of the Missile Defense 

Agency and the military departments for the transition 

of missile defense programs from that agency to the military departments; and 

(B) the status of any agreement between the Missile 

Defense Agency and one or more of the military departments on the transition of any such program from that 

agency to the military departments, including any agreement on the operational test criteria that must be achieved 

before such transition. 

(4) An identification of the entity of the Department of 

Defense (whether the Missile Defense Agency, a military 

department, or both) that will be responsible for funding each 

missile defense program to be transitioned to a military department, and at what date. 

(5) A description of the type of funds that will be used 

(whether funds for research, development, test, and evaluation, 

procurement, military construction, or operation and maintenance) for each missile defense program to be transitioned 

to a military department. 

(6) An explanation of the number of systems planned for 

procurement for each missile defense program to be transitioned 

to a military department, and the schedule for procurement 

of each such system. 

Subtitle D—Other Matters 

SEC. 231. POLICIES AND PRACTICES ON TEST AND EVALUATION TO 

ADDRESS EMERGING ACQUISITION APPROACHES. 

(a) REVISION TO REPORT REQUIREMENT.—Section 2399(b) of title 

10, United States Code, is amended—

(1) by amending paragraph (2) to read as follows: 
H. R. 5122—50

‘‘(2) The Director shall analyze the results of the operational 

test and evaluation conducted for each major defense acquisition 

program. At the conclusion of such testing, the Director shall prepare a report stating—

‘‘(A) the opinion of the Director as to—

‘‘(i) whether the test and evaluation performed were 

adequate; and 

‘‘(ii) whether the results of such test and evaluation 

confirm that the items or components actually tested are 

effective and suitable for combat; and 

‘‘(B) additional information on the operational capabilities 

of the items or components that the Director considers appropriate based on the testing conducted.’’; 

(2) by redesignating paragraph (5) as paragraph (6); and 

(3) by inserting after paragraph (4) the following: 

‘‘(5) If, before a final decision described in paragraph (4) is 

made for a major defense acquisition program, a decision is made 

within the Department of Defense to proceed to operational use 

of that program or to make procurement funds available for that 

program, the Director shall submit to the Secretary of Defense 

and the congressional defense committees the report with respect 

to that program under paragraph (2) as soon as practicable after 

the decision described in this paragraph is made.’’. 

(b) REVIEW AND REVISION OF POLICIES AND PRACTICES.— (1) REVIEW.—During fiscal year 2007, the Under Secretary 

of Defense for Acquisition, Technology, and Logistics and the 

Director of Operational Test and Evaluation shall review 

Department of Defense policies and practices on test and 

evaluation in order to—

(A) reaffirm the test and evaluation principles that 

should guide traditional acquisition programs; and 

(B) determine how best to apply appropriate test and 

evaluation principles to emerging acquisition approaches. 

(2) REVISED GUIDANCE.—If the Under Secretary determines 

as a result of the review under paragraph (1) that a revision 

of the policies and practices referred to in that paragraph 

is necessary, the Under Secretary and the Director shall jointly 

issue new or revised guidance for the Department of Defense 

on test and evaluation to address that determination. 

(c) ISSUES TO BE ADDRESSED.—In carrying out subsection (b), 

the Under Secretary shall address policies and practices on test 

and evaluation in order to—

(1) ensure the performance of test and evaluation activities 

with regard to—

(A) items that are acquired pursuant to the authority 

for rapid acquisition and deployment of items in section 

806 of the Bob Stump National Defense Authorization Act 

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

(B) programs that are conducted pursuant to the 

authority for spiral development in section 803 of the Bob 

Stump National Defense Authorization Act for Fiscal Year 

2003 (Public Law 107–314; 116 Stat. 2603; 10 U.S.C. 2430 

note), or other authority for the conduct of incremental 

acquisition programs; 

(C) systems that are acquired pursuant to other 

emerging acquisition approaches, as approved by the Under 

Secretary; and 
H. R. 5122—51

(D) equipment that is not subject to the operational 

test and evaluation requirements in sections 2366 and 2399 

of title 10, United States Code, but that may require limited 

operational test and evaluation for the purpose of ensuring 

the safety and survivability of such equipment and personnel using such equipment; and 

(2) ensure the appropriate use, if any, of operational test 

and evaluation resources to assess technology readiness levels 

for the purpose of section 2366a of title 10, United States 

Code, and other applicable technology readiness requirements. 

(d) INCLUSION OF TESTING NEEDS IN STRATEGIC PLAN.—The 

Director, Test Resource Management Center, shall ensure that the 

strategic plan for Department of Defense test and evaluation 

resources developed pursuant to section 196 of title 10, United 

States Code—

(1) reflects any testing needs of the Department of Defense 

that are identified as a result of activities under subsection 

(b); and 

(2) includes an assessment of the test and evaluation facilities, resources, and budgets that will be required to meet such 

needs. 

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

the date of the enactment of this Act, the Under Secretary and 

the Director of Operational Test and Evaluation shall submit to 

the congressional defense committees a report on the review conducted under paragraph (1) of subsection (b), including any new 

or revised guidance issued pursuant to paragraph (2) of that subsection. 

(f) CLARIFICATION OF DUTIES WITH RESPECT TO FORCE PROTECTION EQUIPMENT.—Section 139(b) of title 10, United States Code, 

is amended—

(1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and 

(2) by inserting after paragraph (2) the following: 

‘‘(3) provide guidance to and consult with the officials 

described in paragraph (2) with respect to operational test 

and evaluation or survivability testing (or both) within the 

Department of Defense of force protection equipment (including 

non-lethal weapons), which, in such a case—

‘‘(A) shall be guidance and consultation for the purposes 

of—

‘‘(i) expediting suitable operational test and evaluation; 

‘‘(ii) providing objective subject-matter expertise; 

‘‘(iii) encouraging data sharing between Department of Defense components; and 

‘‘(iv) where appropriate, facilitating the use of 

common test standards; and 

‘‘(B) does not authorize the Director—

‘‘(i) to approve test and evaluation plans for such 

equipment; or 

‘‘(ii) to in any manner delay deployment of such 

equipment;’’. 
H. R. 5122—52

SEC. 232. EXTENSION OF REQUIREMENT FOR GLOBAL RESEARCH 

WATCH PROGRAM. 

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

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

2011’’. 

SEC. 233. SENSE OF CONGRESS ON TECHNOLOGY SHARING OF JOINT 

STRIKE FIGHTER TECHNOLOGY. 

It is the sense of Congress that the Secretary of Defense should 

share technology with regard to the Joint Strike Fighter between 

the United States Government and the Government of the United 

Kingdom consistent with the national security interests of both 

nations. 

SEC. 234. REPORT ON VEHICLE-BASED ACTIVE PROTECTION SYSTEMS 

FOR CERTAIN BATTLEFIELD THREATS. 

(a) INDEPENDENT ASSESSMENT.—The Secretary of Defense shall 

enter into a contract with an appropriate entity independent of 

the United States Government to conduct an assessment of various 

foreign and domestic technological approaches to vehicle-based 

active protection systems for defense against both chemical energy 

and kinetic energy top-attack and direct fire threats, including 

anti-tank missiles and rocket propelled grenades, mortars, and other 

similar battlefield threats. 

(b) REPORT.—

(1) REPORT REQUIRED.—The contract required by subsection 

(a) shall require the entity entering into such contract to submit 

to the Secretary of Defense, and to the congressional defense 

committees, not later than 180 days after the date of the 

enactment of this Act, a report on the assessment required 

by that subsection. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include—

(A) a detailed comparative analysis and assessment 

of the technical approaches covered by the assessment 

under subsection (a), including the feasibility, military 

utility, cost, and potential short-term and long-term 

development and deployment schedule of such approaches; 

and 

(B) any other elements specified by the Secretary in 

the contract under subsection (a). 

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—Environmental Provisions 

Sec. 311. Revision of requirement for unexploded ordnance program manager. 

Sec. 312. Funding of cooperative agreements under environmental restoration program. 

Sec. 313. Response plan for remediation of unexploded ordnance, discarded military 

munitions, and munitions constituents. 

Sec. 314. Research on effects of ocean disposal of munitions. 
H. R. 5122—53

Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in 

connection with Moses Lake Wellfield Superfund Site, Moses Lake, 

Washington. Sec. 316. Transfer of Government-furnished uranium stored at Sequoyah Fuels 

Corporation, Gore, Oklahoma. Sec. 317. Extension of authority to grant exemptions to certain requirements. 

Sec. 318. National Academy of Sciences study on human exposure to contaminated 

drinking water at Camp Lejeune, North Carolina. 

Subtitle C—Program Requirements, Restrictions, and Limitations 

Sec. 321. Limitation on financial management improvement and audit initiatives 

within the Department of Defense. Sec. 322. Funds for exhibits for the national museums of the Armed Forces. 

Sec. 323. Prioritization of funds for equipment readiness and strategic capability. 

Sec. 324. Limitation on deployment of Marine Corps Total Force System to Navy. 

Subtitle D—Workplace and Depot Issues 

Sec. 331. Permanent exclusion of certain contract expenditures from percentage 

limitation on the performance of depot-level maintenance. Sec. 332. Minimum capital investment for certain depots. 

Sec. 333. Extension of temporary authority for contractor performance of security 

guard functions. 

Subtitle E—Reports 

Sec. 341. Report on Navy Fleet Response Plan. 

Sec. 342. Report on Navy surface ship rotational crew programs. 

Sec. 343. Report on Army live-fire ranges in Hawaii. 

Sec. 344. Comptroller General report on joint standards and protocols for access 

control systems at Department of Defense installations. Sec. 345. Comptroller General report on readiness of Army and Marine Corps 

ground forces. Sec. 346. Report on Air Force safety requirements for Air Force flight training operations at Pueblo Memorial Airport, Colorado. Sec. 347. Annual report on Personnel Security Investigations for Industry and National Industrial Security Program. Sec. 348. Five-year extension of annual report on training range sustainment plan 

and training range inventory. Sec. 349. Reports on withdrawal or diversion of equipment from reserve units for 

support of reserve units being mobilized and other units. 

Subtitle F—Other Matters 

Sec. 351. Department of Defense strategic policy on prepositioning of materiel and 

equipment. Sec. 352. Authority to make Department of Defense horses available for adoption. 

Sec. 353. Sale and use of proceeds of recyclable munitions materials. 

Sec. 354. Recovery and transfer to Corporation for the Promotion of Rifle Practice 

and Firearms Safety of certain firearms, ammunition, and parts granted 

to foreign countries. Sec. 355. Extension of Department of Defense telecommunications benefit program. 

Sec. 356. Extension of availability of funds for commemoration of success of the 

Armed Forces in Operation Enduring Freedom and Operation Iraqi 

Freedom. 

Sec. 357. Capital security cost sharing. 

Sec. 358. Utilization of fuel cells as back-up power systems in Department of Defense operations. Sec. 359. Improving Department of Defense support for civil authorities. 

Sec. 360. Energy efficiency in weapons platforms. 

Sec. 361. Prioritization of funds within Navy mission operations, ship maintenance, 

combat support forces, and weapons system support. Sec. 362. Provision of adequate storage space to secure personal property outside 

of assigned military family housing unit. Sec. 363. Expansion of payment of replacement value of personal property damaged 

during transport at Government expense.

Subtitle A—Authorization of 

Appropriations 

SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

Funds are hereby authorized to be appropriated for fiscal year 

2007 for the use of the Armed Forces and other activities and 
H. R. 5122—54

agencies of the Department of Defense for expenses, not otherwise 

provided for, for operation and maintenance, in amounts as follows: (1) For the Army, $24,416,352,000. 

(2) For the Navy, $31,157,639,000. 

(3) For the Marine Corps, $3,863,462,000. 

(4) For the Air Force, $31,081,257,000. 

(5) For Defense-wide activities, $20,093,876,000. 

(6) For the Army Reserve, $2,260,802,000. 

(7) For the Naval Reserve, $1,275,764,000. 

(8) For the Marine Corps Reserve, $211,311,000. 

(9) For the Air Force Reserve, $2,698,400,000. 

(10) For the Army National Guard, $4,776,421,000. 

(11) For the Air National Guard, $5,292,517,000. 

(12) For the United States Court of Appeals for the Armed Forces, $11,721,000. 

(13) For Environmental Restoration, Army, $413,794,000. 

(14) For Environmental Restoration, Navy, $304,409,000. 

(15) For Environmental Restoration, Air Force, 

$423,871,000. 

(16) For Environmental Restoration, Defense-wide, 

$18,431,000. 

(17) For Environmental Restoration, Formerly Used Defense Sites, $282,790,000. 

(18) For Former Soviet Union Threat Reduction programs, $372,128,000. 

(19) For Overseas Humanitarian Disaster and Civic Aid, 

$63,204,000. 

SEC. 302. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2007 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds in amounts as follows: (1) For the Defense Working Capital Funds, $161,998,000. 

(2) For the National Defense Sealift Fund, $1,071,932,000. 

(3) For the Defense Working Capital Fund, Defense Com- missary, $1,184,000,000. 

(4) For the Pentagon Reservation Maintenance Revolving Fund, $18,500,000. 

SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

(a) DEFENSE HEALTH PROGRAM.—Funds are hereby authorized 

to be appropriated for the Department of Defense for fiscal year 

2007 for expenses, not otherwise provided for, for the Defense 

Health Program, $21,426,621,000, of which— (1) $20,894,663,000 is for Operation and Maintenance; 

(2) $135,603,000 is for Research, Development, Test, and 

Evaluation; and (3) $396,355,000 is for Procurement. 

(b) CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

DEFENSE.—(1) Funds are hereby authorized to be appropriated 

for the Department of Defense for fiscal year 2007 for expenses, 

not otherwise provided for, for Chemical Agents and Munitions 

Destruction, Defense, $1,277,304,000, of which—

(A) $1,046,290,000 is for Operation and Maintenance; 

and 

(B) $231,014,000 is for Research, Development, Test, 

and Evaluation. 
H. R. 5122—55

(2) Amounts authorized to be appropriated under paragraph 

(1) are authorized for—

(A) the destruction of lethal chemical agents and munitions 

in accordance with section 1412 of the Department of Defense 

Authorization Act for Fiscal Year 1986 (50 U.S.C. 1521); and 

(B) the destruction of chemical warfare materiel of the 

United States that is not covered by section 1412 of such 

Act. 

(c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE.—Funds are hereby authorized to be appropriated 

for the Department of Defense for fiscal year 2006 for expenses, 

not otherwise provided for, for Drug Interdiction and CounterDrug Activities, Defense-wide, $926,890,000. 

(d) DEFENSE INSPECTOR GENERAL.—Funds are hereby authorized to be appropriated for the Department of Defense for fiscal 

year 2006 for expenses, not otherwise provided for, for the Office 

of the Inspector General of the Department of Defense, 

$216,297,000, of which—

(1) $214,897,000 is for Operation and Maintenance; and 

(2) $1,400,000 is for Procurement. 

Subtitle B—Environmental Provisions 

SEC. 311. REVISION OF REQUIREMENT FOR UNEXPLODED ORDNANCE 

PROGRAM MANAGER. 

Section 2701(k) of title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking ‘‘establish’’ and inserting ‘‘designate’’; 

and 

(B) by inserting ‘‘research,’’ after ‘‘characterization,’’; 

(2) by striking paragraph (2) and redesignating paragraph 

(3) as paragraph (4); and 

(3) by inserting after paragraph (1) the following new paragraphs: 

‘‘(2) The position of program manager shall be filled by—

‘‘(A) an employee in a position that is equivalent to pay 

grade O–6 or above; or 

‘‘(B) a member of the armed forces who is serving in the 

grade of colonel or, in the case of the Navy, captain, or in 

a higher grade. 

‘‘(3) The program manager shall report to the Deputy Under 

Secretary of Defense for Installations and Environment.’’. 

SEC. 312. FUNDING OF COOPERATIVE AGREEMENTS UNDER ENVIRONMENTAL RESTORATION PROGRAM. 

Section 2701(d)(2) of title 10, United States Code, is amended 

by adding at the end the following new sentence: ‘‘This two-year 

limitation does not apply to an agreement funded using amounts 

in the Department of Defense Base Closure Account 1990 or the 

Department of Defense Base Closure Account 2005 established 

under sections 2906 and 2906A of the Defense Base Closure and 

Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note).’’. 
H. R. 5122—56

SEC. 313. RESPONSE PLAN FOR REMEDIATION OF UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS, AND MUNITIONS CONSTITUENTS. 

(a) PERFORMANCE GOALS FOR REMEDIATION.—The Secretary of 

Defense shall set the following remediation goals with regard to 

unexploded ordnance, discarded military munitions, and munitions 

constituents: 

(1) To complete, by not later than September 30, 2007, 

preliminary assessments of unexploded ordnance, discarded 

military munitions, and munitions constituents at all active 

installations and formerly used defense sites (other than operational ranges). 

(2) To complete, by not later than September 30, 2010, 

site inspections of unexploded ordnance, discarded military 

munitions, and munitions constituents at all active installations 

and formerly used defense sites (other than operational ranges). 

(3) To achieve, by not later than September 30, 2009, 

a remedy in place or response complete for unexploded ordnance, discarded military munitions, and munitions constituents at all military installations closed or realigned as part 

of a round of defense base closure and realignment occurring 

prior to the 2005 round. 

(4) To achieve, by a date certain established by the Secretary of Defense, a remedy in place or response complete 

for unexploded ordnance, discarded military munitions, and 

munitions constituents at all active installations and formerly 

used defense sites (other than operational ranges) and all military installations realigned or closed under the 2005 round 

of defense base closure and realignment. 

(b) RESPONSE PLAN REQUIRED.— (1) IN GENERAL.—Not later than March 1, 2007, the Secretary of Defense shall submit to the congressional defense 

committees a comprehensive plan for addressing the remediation of unexploded ordnance, discarded military munitions, 

and munitions constituents at current and former defense sites 

(other than operational ranges). 

(2) CONTENT.—The plan required by paragraph (1) shall 

include—

(A) a schedule, including interim goals, for achieving 

the goals described in paragraphs (1) through (3) of subsection (a), based upon the Munitions Response Site 

Prioritization Protocol established by the Department of 

Defense; 

(B) such interim goals as the Secretary determines 

feasible for efficiently achieving the goal required under 

paragraph (4) of such subsection; and 

(C) an estimate of the funding required to achieve 

the goals established pursuant to such subsection and the 

interim goals established pursuant to subparagraphs (A) 

and (B). 

(3) UPDATES.—Not later than March 15 of 2008, 2009, 

and 2010, the Secretary shall submit to the congressional 

defense committees an update of the plan required under paragraph (1). The Secretary may include the update in the report 

on environmental restoration activities that is submitted to 

Congress under section 2706(a) of title 10, United States Code, 

in the year in which that update is required and may include 
H. R. 5122—57

in the update any adjustment to the remediation goals established under subsection (a) that the Secretary determines necessary to respond to unforeseen circumstances. 

(c) REPORT ON REUSE STANDARDS AND PRINCIPLES.—Not later 

than March 1, 2007, the Secretary of Defense shall submit to 

the congressional defense committees a report on the status of 

the efforts of the Department of Defense to achieve agreement 

with relevant regulatory agencies on appropriate reuse standards 

or principles, including—

(1) a description of any standards or principles that have 

been agreed upon; and 

(2) a discussion of any issues that remain in disagreement, 

including the impact that any such disagreement is likely to 

have on the ability of the Department of Defense to carry 

out the response plan required by subsection (b). 

(d) DEFINITIONS.—In this section: 

(1) The terms ‘‘unexploded ordnance’’ and ‘‘operational 

range’’ have the meanings given such terms in section 101(e) 

of title 10, United States Code. 

(2) The terms ‘‘discarded military munitions’’, ‘‘munitions 

constituents’’, and ‘‘defense site’’ have the meanings given such 

terms in section 2710(e) of such title. 

(e) CONFORMING REPEAL.—Section 313 of the National Defense 

Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 

Stat. 1051; 10 U.S.C. 2706 note) is repealed. 

SEC. 314. RESEARCH ON EFFECTS OF OCEAN DISPOSAL OF MUNITIONS. 

(a) IDENTIFICATION OF DISPOSAL SITES.— (1) HISTORICAL REVIEW.—The Secretary of Defense shall 

conduct a historical review of available records to determine 

the number, size, and probable locations of sites where the 

Armed Forces disposed of military munitions in coastal waters. 

The historical review shall, to the extent possible, identify 

the types of munitions at individual sites. 

(2) COOPERATION.—The Secretary shall request the assistance of the Coast Guard, the National Oceanic and Atmospheric 

Administration, and other relevant Federal agencies in conducting the review required by this subsection. 

(3) INTERIM REPORTS.—The Secretary shall periodically, but 

no less often than annually, release any new information 

obtained during the historical review conducted under paragraph (1). The Secretary may withhold from public release 

the exact nature and locations of munitions the potential 

unauthorized retrieval of which could pose a significant threat 

to the national defense or public safety. 

(4) INCLUSION OF INFORMATION IN ANNUAL REPORT ON

ENVIRONMENTAL RESTORATION ACTIVITIES.—The Secretary shall 

include the information obtained pursuant to the review conducted under paragraph (1) in the annual report on environmental restoration activities submitted to Congress under section 2706 of title 10, United States Code. 

(5) FINAL REPORT.—The Secretary shall complete the historical review required under paragraph (1) and submit a final 

report on the findings of such review in the annual report 

on environmental restoration activities submitted to Congress 

for fiscal year 2009. 

(b) IDENTIFICATION OF NAVIGATIONAL AND SAFETY HAZARDS.—
H. R. 5122—58

(1) IDENTIFICATION OF HAZARDS.—The Secretary of Defense 

shall provide available information to the Secretary of Commerce to assist the National Oceanic and Atmospheric Administration in preparing nautical charts and other navigational 

materials for coastal waters that identify known or potential 

hazards posed by disposed military munitions to private activities, including commercial shipping and fishing operations. 

(2) CONTINUATION OF INFORMATION ACTIVITIES.—The Secretary of Defense shall continue activities to inform potentially 

affected users of the ocean environment, particularly fishing 

operations, of the possible hazards from contact with disposed 

military munitions and the proper methods to mitigate such 

hazards. 

(c) RESEARCH.— (1) IN GENERAL.—The Secretary of Defense shall continue 

to conduct research on the effects on the ocean environment 

and those who use it of military munitions disposed of in 

coastal waters. 

(2) SCOPE.—Research under paragraph (1) shall include—

(A) the sampling and analysis of ocean waters and 

sea beds at or adjacent to military munitions disposal 

sites selected pursuant to paragraph (3) to determine 

whether the disposed military munitions have caused or 

are causing contamination of such waters or sea beds; 

(B) investigation into the long-term effects of seawater 

exposure on disposed military munitions, particularly 

effects on chemical munitions; 

(C) investigation into the impacts any such contamination may have on the ocean environment and those who 

use it, including public health risks; 

(D) investigation into the feasibility of removing or 

otherwise remediating the military munitions; and 

(E) the development of effective safety measures for 

dealing with such military munitions. 

(3) RESEARCH CRITERIA.—In conducting the research 

required by this subsection, the Secretary shall ensure that 

the sampling, analysis, and investigations are conducted at 

representative sites, taking into account factors such as depth, 

water temperature, nature of the military munitions present, 

and relative proximity to onshore populations. In conducting 

such research, the Secretary shall select at least two representative sites each in the areas of the Atlantic coast, the Pacific 

coast (including Alaska), and the Hawaiian Islands. 

(4) AUTHORITY TO MAKE GRANTS AND ENTER INTO COOPERA- TIVE AGREEMENTS.—In conducting research under this subsection, the Secretary may make grants to, and enter into 

cooperative agreements with, qualified research entities. 

(d) MONITORING.—If the historical review required by subsection (a) or the research required by subsection (c) indicates 

that contamination is being released into the ocean waters from 

disposed military munitions at a particular site or that the site 

poses a significant public health or safety risk, the Secretary of 

Defense shall institute appropriate monitoring mechanisms at that 

site and report to the congressional defense committees on any 

additional measures that may be necessary to address the release 

or risk, as applicable. 

(e) DEFINITIONS.—In this section: 
H. R. 5122—59

(1) The term ‘‘coastal waters’’ means that part of the ocean 

extending from the coast line of the United States to the outer 

boundary of the outer Continental Shelf. 

(2) The term ‘‘coast line’’ has the meaning given that term 

in section 2(c) of the Submerged Lands Act (43 U.S.C. 1301(c)). 

(3) The term ‘‘military munitions’’ has the meaning given 

that term in section 101(e) of title 10, United States Code. 

(4) The term ‘‘outer Continental Shelf’’ has the meaning 

given that term in section 2(a) of the Outer Continental Shelf 

Lands Act (43 U.S.C. 1331(a)). 

SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION 

AGENCY FOR CERTAIN COSTS IN CONNECTION WITH 

MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, 

WASHINGTON. 

(a) AUTHORITY TO REIMBURSE.—

(1) TRANSFER AMOUNT.—Using funds described in subsection (b), the Secretary of Defense may transfer not more 

than $111,114.03 to the Moses Lake Wellfield Superfund Site 

10–6J Special Account. 

(2) PURPOSE OF REIMBURSEMENT.—The payment under 

paragraph (1) is to reimburse the Environmental Protection 

Agency for its costs incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army 

under the Defense Environmental Restoration Program at the 

former Larson Air Force Base, Moses Lake Superfund Site, 

Moses Lake, Washington. 

(3) INTERAGENCY AGREEMENT.—The reimbursement 

described in paragraph (2) is provided for in the interagency 

agreement entered into by the Department of the Army and 

the Environmental Protection Agency for the Moses Lake 

Wellfield Superfund Site in March 1999. 

(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 

be made using funds authorized to be appropriated by section 

301(17) for operation and maintenance for Environmental Restoration, Formerly Used Defense Sites. 

(c) USE OF FUNDS.—The Environmental Protection Agency shall 

use the amount transferred under subsection (a) to pay costs 

incurred by the Agency at the Moses Lake Wellfield Superfund 

Site. 

SEC. 316. TRANSFER OF GOVERNMENT-FURNISHED URANIUM STORED 

AT SEQUOYAH FUELS CORPORATION, GORE, OKLAHOMA. 

(a) TRANSPORT AND DISPOSAL.—Subject to subsection (c), the 

Secretary of the Army shall transport to an authorized disposal 

facility for appropriate disposal all of the Government-furnished 

uranium in the chemical and physical form in which it is stored 

at the Sequoyah Fuels Corporation site in Gore, Oklahoma. 

(b) SOURCE OF FUNDS.—Funds authorized to be appropriated 

pursuant to section 301(1) for operation and maintenance for the 

Army may be used for the transport and disposal required under 

subsection (a). 

(c) LIABILITY.—The Secretary may only transport uranium 

under subsection (a) after receiving from Sequoyah Fuels Corporation a written agreement satisfactory to the Secretary that provides 

that—
H. R. 5122—60

(1) the United States assumes no liability, legal or otherwise, of Sequoyah Fuels Corporation by transporting the uranium; and 

(2) the Sequoyah Fuels Corporation waives any and all 

claims it may have against the United States related to the 

transported uranium. 

(d) COMPLETION OF TRANSPORT.—The Secretary shall complete 

the transport of uranium under subsection (a) not later than March 

31, 2007. 

SEC. 317. EXTENSION OF AUTHORITY TO GRANT EXEMPTIONS TO CERTAIN REQUIREMENTS. 

(a) AMENDMENT TO TOXIC SUBSTANCES CONTROL ACT.—Section 

6(e)(3) of the Toxic Substances Control Act (15 U.S.C. 2605(e)(3)) 

is amended—

(1) in subparagraph (A), by striking ‘‘subparagraphs (B) 

and (C)’’ and inserting ‘‘subparagraphs (B), (C), and (D)’’; 

(2) in subparagraph (B), by striking ‘‘but not more than 

one year from the date it is granted’’ and inserting ‘‘but not 

more than 1 year from the date it is granted, except as provided 

in subparagraph (D)’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(D) The Administrator may extend an exemption granted 

pursuant to subparagraph (B) that has not yet expired for a period 

not to exceed 60 days for the purpose of authorizing the Secretary 

of Defense and the Secretaries of the military departments to provide for the transportation into the customs territory of the United 

States of polychlorinated biphenyls generated by or under the control of the Department of Defense for purposes of their disposal, 

treatment, or storage in the customs territory of the United States 

if those polychlorinated biphenyls are already in transit from their 

storage locations but the Administrator determines, in the sole 

discretion of the Administrator, they would not otherwise arrive 

in the customs territory of the United States within the period 

of the original exemption. The Administrator shall promptly publish 

notice of such extension in the Federal Register.’’. 

(b) SUNSET DATE.—The amendments made by subsection (a) 

shall cease to have effect on September 30, 2012. The termination 

of the authority to grant exemptions pursuant to such amendments 

shall not effect the validity of any exemption granted prior to 

such date. 

(c) REPORT.—Not later than March 1, 2011, the Secretary of 

Defense shall submit to the Committee on Armed Services and 

the Committee on Environment and Public Works of the Senate 

and the Committee on Armed Services and the Committee on 

Energy and Commerce of the House of Representatives a report 

on the status of foreign-manufactured polychlorinated biphenyls 

under the control of the Department of Defense outside the United 

States. The report shall address, at a minimum—

(1) the remaining volume of such foreign-manufactured 

polychlorinated biphenyls that may require transportation into 

the customs territory of the United States for disposal, treatment, or storage; and 

(2) the efforts that have been made by the Department 

of Defense and other Federal agencies to reduce such volume 

by—
H. R. 5122—61

(A) reducing the volume of foreign-manufactured polychlorinated biphenyls under the control of the Department 

of Defense outside the United States; or 

(B) developing alternative options for the disposal, 

treatment, or storage of such foreign-manufactured polychlorinated biphenyls. 

SEC. 318. NATIONAL ACADEMY OF SCIENCES STUDY ON HUMAN EXPOSURE TO CONTAMINATED DRINKING WATER AT CAMP 

LEJEUNE, NORTH CAROLINA. 

(a) STUDY REQUIRED.—

(1) IN GENERAL.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of the Navy shall 

enter into an agreement with the National Academy of Sciences 

to conduct a comprehensive review and evaluation of the available scientific and medical evidence regarding associations 

between pre-natal, child, and adult exposure to drinking water 

contaminated with trichloroethylene (TCE) and 

tetrachloroethylene (PCE) at Camp Lejeune, North Carolina, 

as well as other pre-natal, child, and adult exposures to levels 

of trichloroethylene and tetrachloroethylene similar to those 

experienced at Camp Lejeune, and birth defects or diseases 

and any other adverse health effects. 

(2) ELEMENTS.—In conducting the review and evaluation, 

the Academy shall review and summarize the scientific and 

medical evidence and assess the strength of that evidence in 

establishing a link or association between exposure to trichloroethylene and tetrachloroethylene and each birth defect or disease suspected to be associated with such exposure. For each 

birth defect or disease reviewed, the Academy shall determine, 

to the extent practicable with available scientific and medical 

data, whether—

(A) a statistical association with such contaminant 

exposures exists; and 

(B) there exist plausible biological mechanisms or other 

evidence of a causal relationship between contaminant 

exposures and the birth defect or disease. 

(3) SCOPE OF REVIEW.—In conducting the review and 

evaluation, the Academy shall include a review and evaluation 

of—

(A) the toxicologic and epidemiologic literature on 

adverse health effects of trichloroethylene and 

tetrachloroethylene, including epidemiologic and risk 

assessment reports from government agencies; 

(B) recent literature reviews by the National Research 

Council, Institute of Medicine, and other groups; 

(C) the completed and on-going Agency for Toxic Substances Disease Registry (ATSDR) studies on potential trichloroethylene and tetrachloroethylene exposure at Camp 

Lejeune; and 

(D) published meta-analyses. 

(4) PEER REVIEW.—The Academy shall obtain the peer 

review of the report prepared as a result of the review and 

evaluation under applicable Academy procedures. 

(5) SUBMITTAL.—The Academy shall submit the report prepared as a result of the review and evaluation to the Secretary 

and Congress not later than 18 months after entering into 
H. R. 5122—62

the agreement for the review and evaluation under paragraph 

(1). 

(b) NOTICE ON EXPOSURE.—

(1) NOTICE REQUIRED.—Upon completion of the current 

epidemiological study by the Agency for Toxic Substances Disease Registry, known as the Exposure to Volatile Organic Compounds in Drinking Water and Specific Birth Defects and Childhood Cancers, United States Marine Corps Base Camp Lejeune, 

North Carolina, the Commandant of the Marine Corps shall 

take appropriate actions, including the use of national media 

such as newspapers, television, and the Internet, to notify 

former Camp Lejeune residents and employees who may have 

been exposed to drinking water impacted by trichloroethylene 

and tetrachloroethylene of the results of the study. 

(2) ELEMENTS.—The information provided by the Commandant of the Marine Corps under paragraph (1) shall be 

prepared in conjunction with the Agency for Toxic Substances 

Disease Registry and shall include a description of sources 

of additional information relating to such exposure, including, 

but not be limited to, the following: 

(A) A description of the events resulting in exposure 

to contaminated drinking water at Camp Lejeune. 

(B) A description of the duration and extent of the 

contamination of drinking water at Camp Lejeune. 

(C) The known and suspected health effects of exposure 

to the drinking water impacted by trichloroethylene and 

tetrachloroethylene at Camp Lejeune. 

Subtitle C—Program Requirements, 

Restrictions, and Limitations 

SEC. 321. LIMITATION ON FINANCIAL MANAGEMENT IMPROVEMENT 

AND AUDIT INITIATIVES WITHIN THE DEPARTMENT OF 

DEFENSE. 

(a) LIMITATION.—The Secretary of Defense may not obligate 

or expend any funds for the purpose of any financial management 

improvement activity relating to the preparation, processing, or 

auditing of financial statements until the Secretary submits to 

the congressional defense committees a written determination that 

each activity proposed to be funded is—

(1) consistent with the financial management improvement 

plan of the Department of Defense required by section 376(a)(1) 

of the National Defense Authorization Act for Fiscal Year 2006 

(Public Law 190–163; 119 Stat. 3213); and 

(2) likely to improve internal controls or otherwise result 

in sustained improvements in the ability of the Department 

to produce timely, reliable, and complete financial management 

information. 

(b) EXCEPTION.—The limitation in subsection (a) shall not apply 

to an activity directed exclusively at assessing the adequacy of 

internal controls and remediating any inadequacy identified pursuant to such assessment. 
H. R. 5122—63

SEC. 322. FUNDS FOR EXHIBITS FOR THE NATIONAL MUSEUMS OF 

THE ARMED FORCES. 

(a) NATIONAL MUSEUM OF THE UNITED STATES ARMY.—Of the 

amounts authorized to be appropriated by section 301(1) for operation and maintenance for the Army, not less than $3,000,000 

may be available to the Secretary of the Army for the acquisition, 

installation, and maintenance of exhibits at the facility designated 

by the Secretary as the National Museum of the United States 

Army. The Secretary may enter into a contract with the Army 

Historical Foundation for the purpose of performing such acquisition, installation, and maintenance. 

(b) NATIONAL MUSEUM OF THE UNITED STATES NAVY.—Of the 

amounts authorized to be appropriated by section 301(2) for operation and maintenance for the Navy, not less than $3,000,000 

may be available to the Secretary of the Navy for the acquisition, 

installation, and maintenance of exhibits at the facility designated 

by the Secretary as the National Museum of the United States 

Navy. The Secretary may enter into a contract with the Naval 

Historical Foundation for the purpose of performing such acquisition, installation, and maintenance. 

(c) NATIONAL MUSEUM OF THE MARINE CORPS AND HERITAGE

CENTER.—Of the amounts authorized to be appropriated by section 

301(3) for operation and maintenance for the Marine Corps, not 

less than $3,000,000 may be available to the Secretary of the 

Navy for the acquisition, installation, and maintenance of exhibits 

at the National Museum of the Marine Corps and Heritage Center. 

The Secretary may enter into a contract with the United States 

Marine Corps Heritage Foundation for the purpose of performing 

such acquisition, installation, and maintenance. 

(d) NATIONAL MUSEUM OF THE UNITED STATES AIR FORCE.—

Of the amounts authorized to be appropriated by section 301(4) 

for operation and maintenance for the Air Force, not less than 

$3,000,000 may be available to the Secretary of the Air Force 

for the acquisition, installation, and maintenance of exhibits at 

the facility designated by the Secretary as the National Museum 

of the United States Air Force. The Secretary may enter into 

a contract with the Air Force Museum Foundation for the purpose 

of performing such acquisition, installation, and maintenance. 

(e) REIMBURSEMENT.—

(1) AUTHORITY TO ACCEPT REIMBURSEMENT.—After September 30, 2006, the Secretary of a military department may 

accept funds from any non-profit entity authorized to support 

the national museum of the applicable Armed Force to 

reimburse the Secretary for amounts obligated and expended 

by the Secretary from amounts made available to the Secretary 

under this section. 

(2) TREATMENT.—Amounts accepted as reimbursement 

under paragraph (1) shall be credited to the account that was 

used to cover the costs for which the reimbursement was provided. Amounts so credited shall be merged with amounts 

in that account, and shall be available for the same purposes, 

and subject to the same conditions and limitations, as other 

amounts in that account. 
H. R. 5122—64

SEC. 323. PRIORITIZATION OF FUNDS FOR EQUIPMENT READINESS 

AND STRATEGIC CAPABILITY. 

(a) PRIORITIZATION OF FUNDS.—The Secretary of Defense shall 

take such steps as may be necessary through the planning, programming, budgeting, and execution systems of the Department of 

Defense to ensure that financial resources are provided for each 

fiscal year as necessary to enable—

(1) the Secretary of each military department to meet the 

requirements of that military department for that fiscal year 

for the repair, recapitalization, and replacement of equipment 

used in the global war on terrorism; and 

(2) the Secretary of the Army to meet the requirements 

of the Army for that fiscal year, in addition to the requirements 

under paragraph (1), for—

(A) the fulfillment of the equipment requirements of 

units transforming to modularity in accordance with the 

Modular Force Initiative report submitted to Congress in 

March 2006; and 

(B) the reconstitution of equipment and materiel in 

prepositioned stocks in accordance with requirements 

under the Army Prepositioned Stocks Strategy 2012 or 

a subsequent strategy implemented under the guidelines 

in section 2229 of title 10, United States Code. 

(b) SUBMISSION OF BUDGET INFORMATION.—

(1) SUBMISSION OF INFORMATION.—As part of the budget 

justification materials submitted to Congress in support of the 

President’s budget for a fiscal year or a request for supplemental appropriations, the Secretary of Defense shall include 

the following: 

(A) The information described in paragraph (2) for 

the fiscal year for which the budget justification materials 

are submitted, the fiscal year during which the materials 

are submitted, and the preceding fiscal year. 

(B) The information described in paragraph (2) for 

each of the fiscal years covered by the future-years defense 

program for the fiscal year in which the report is submitted 

based on estimates of any amounts required to meet each 

of the requirements under subsection (a) that are not met 

for that fiscal year and are deferred to the future-years 

defense program. 

(C) A consolidated budget justification summary of the 

information submitted under subparagraphs (A) and (B). 

(2) INFORMATION DESCRIBED.—The information described 

in this paragraph is information that clearly and separately 

identifies, by appropriations account, budget activity, activity 

group, sub-activity group, and program element or line item, 

the amounts requested for the programs, projects, and activities 

of—

(A) each of the military departments for the repair, 

recapitalization, or replacement of equipment used in the 

global war on terrorism; and 

(B) the Army for—

(i) the fulfillment of the equipment requirements 

of units transforming to modularity; and 

(ii) the reconstitution of equipment and materiel 

in prepositioned stocks. 
H. R. 5122—65

(3) ADDITIONAL INFORMATION IN FIRST REPORT.—As part 

of the budget justification materials submitted to Congress 

in support of the President’s budget for fiscal year 2008, the 

Secretary of Defense shall also include the information 

described in paragraph (2) for fiscal years 2003, 2004, and 

2005. 

(c) ANNUAL REPORT ON ARMY PROGRESS.—On the date on which 

the President submits to Congress the budget for a fiscal year 

under section 1105 of title 31, United States Code, the Secretary 

of the Army shall submit to the congressional defense committees 

a report setting forth the progress of the Army in meeting the 

requirements of subsection (a). Any information required to be 

included in the report concerning funding priorities under paragraph (1) or (2) of subsection (a) shall be itemized by active duty 

component and reserve component. Each such report shall include 

the following: 

(1) A complete itemization of the requirements for the 

funding priorities in subsection (a), including an itemization 

for all types of modular brigades and an itemization for the 

replacement of equipment withdrawn or diverted from the 

reserve component for use in the global war on terrorism. 

(2) A list of any shortfalls that exist between available 

funding, equipment, supplies, and industrial capacity and 

required funding, equipment, supplies, and industrial capacity 

in accordance with the funding priorities in subsection (a). 

(3) A list of the requirements for the funding priorities 

in subsection (a) that the Army has included in the budget 

for that fiscal year, including a detailed listing of the type, 

quantity, and cost of the equipment the Army plans to repair, 

recapitalize, or procure, set forth by appropriations account 

and Army component. 

(4) An assessment of the progress made during that fiscal 

year toward meeting the overall requirements of the funding 

priorities in subsection (a). 

(5) A schedule for meeting the requirements of subsection 

(a). 

(6) A description of how the Army defines costs associated 

with modularity versus the costs associated with modernizing 

equipment platforms and the reset (repair, recapitalization, 

or replacement) of equipment used during the global war on 

terrorism, including the funding expended on, and the future 

funding required for, such reset requirements. 

(7) A complete itemization of the amount of funds expended 

to date on the modular brigades. 

(8) The results of Army assessments of modular force 

capabilities, including lessons learned from existing modular 

units and any modifications that have been made to modularity. 

(9) The comments of the Chief of the National Guard 

Bureau and the Chief of the Army Reserve on each of the 

items described in paragraphs (1) through (8). 

(d) ANNUAL COMPTROLLER GENERAL REPORT ON ARMY

PROGRESS.—Not later than 45 days after the date on which the 

President submits to Congress the budget for a fiscal year under 

section 1105 of title 31, United States Code, the Comptroller General shall submit to the congressional defense committees a report 

containing the assessment of the Comptroller General on the following: 
H. R. 5122—66

(1) The progress of the Army in meeting the requirements 

of subsection (a), including progress in equipping and manning 

modular units in the regular components and reserve components of the Armed Forces. 

(2) The use of funds by the Army for meeting the requirements of subsection (a). 

(3) The progress of the Army in conducting further testing 

and evaluations of designs under the modularity initiative. 

(e) TERMINATION OF REPORT REQUIREMENTS.—The requirement 

for the submission of a report under subsection (c) or (d) shall 

terminate on the date of the submission of the report required 

to be submitted under that subsection to accompany or follow the 

President’s budget submission for fiscal year 2012. 

SEC. 324. LIMITATION ON DEPLOYMENT OF MARINE CORPS TOTAL 

FORCE SYSTEM TO NAVY. 

(a) LIMITATION.—The Secretary of the Navy may not deploy 

the Marine Corps Total Force System (MCTFS) (or any derivative 

system of the MCTFS) to the Navy until the date on which the 

congressional defense committees and the Secretary of the Navy 

receive the written determination of the Chairman of the Defense 

Business Systems Management Committee submitted under subsection (d) that the deployment of the MCTFS to the Navy is 

in the best interests of the Department of Defense. 

(b) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of the Navy shall 

submit to the congressional defense committees and the Comptroller 

General a report on the Marine Corps Total Force System (MCTFS). 

The report shall include the following: 

(1) An analysis of alternatives to the MCTFS, including 

a detailed comparison between the cost of deploying and operating the MCTFS within the Navy and the cost of including 

the Navy in the Defense Integrated Military Human Resources 

System. 

(2) A business case analysis, including an analysis of the 

costs and benefits to both the Department of the Navy and 

the Department of Defense of the alternatives to the MCTFS 

considered under the analysis required by paragraph (1). 

(3) An analysis of the compatibility of the MCTFS with 

the enterprise architecture of the Department of Defense, 

including a detailed estimate of all interface costs with current 

or planned Department-wide military manpower, personnel, 

and pay information technology systems. 

(c) COMPTROLLER GENERAL ASSESSMENT.—Not later than 90 

days after the date on which the Comptroller General receives 

the report submitted under subsection (b), the Comptroller General 

shall submit to the congressional defense committees and to the 

Chairman of the Defense Business Systems Management Committee a written assessment of the report. 

(d) DETERMINATION OF CHAIRMAN OF DEFENSE BUSINESS SYSTEMS MANAGEMENT COMMITTEE.—Not sooner than 120 days after 

the date on which the Comptroller General receives the report 

submitted under subsection (b), the Chairman of the Defense Business Systems Management Committee shall review the analysis 

included in the report, together with any other relevant information 

available to the Chairman, and submit to the congressional defense 

committees and the Secretary of the Navy the written determination 
H. R. 5122—67

of the Chairman of whether the deployment of the MCTFS to 

the Navy is in the best interests of the Department of Defense. 

Subtitle D—Workplace and Depot Issues 

SEC. 331. PERMANENT EXCLUSION OF CERTAIN CONTRACT EXPENDITURES FROM PERCENTAGE LIMITATION ON THE 

PERFORMANCE OF DEPOT-LEVEL MAINTENANCE. 

(a) PERMANENT EXCLUSION.—Section 2474(f) of title 10, United 

States Code, is amended—

(1) by striking ‘‘(1) Amounts’’ and inserting ‘‘Amounts’’; 

(2) by striking ‘‘entered into during fiscal years 2003 

through 2009’’; and 

(3) by striking paragraph (2). 

(b) INCLUSION OF CERTAIN ITEMS IN ANNUAL REPORT.— (1) INCLUSION OF CERTAIN ITEMS.—Paragraph (2) of section 

2466(d) of such title is amended to read as follows: 

‘‘(2) Each report required under paragraph (1) shall include 

as a separate item any expenditure covered by section 2474(f) 

of this title that was made during the fiscal year covered by the 

report and shall specify the amount and nature of each such 

expenditure.’’. 

(2) CONFORMING AMENDMENT.—The heading for subsection 

(d) of section 2466 of such title is amended to read as follows: 

‘‘ANNUAL REPORT.—’’. 

SEC. 332. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS. 

(a) MINIMUM INVESTMENT LEVELS.—Chapter 146 of title 10, 

United States Code, is amended by adding at the end the following 

new section: 

‘‘§ 2476. Minimum capital investment for certain depots 

‘‘(a) MINIMUM INVESTMENT.—Each fiscal year, the Secretary 

of a military department shall invest in the capital budgets of 

the covered depots of that military department a total amount 

equal to not less than six percent of the average total combined 

workload funded at all the depots of that military department 

for the preceding three fiscal years. 

‘‘(b) CAPITAL BUDGET.—For purposes of this section, the capital 

budget of a depot includes investment funds spent on depot infrastructure, equipment, and process improvement in direct support 

of depot operations. 

‘‘(c) WAIVER.—The Secretary of Defense may waive the requirement under subsection (a) with respect to a military department 

for a fiscal year if the Secretary determines that the waiver is 

necessary for reasons of national security. Whenever the Secretary 

makes such a waiver, the Secretary shall notify the congressional 

defense committees of the waiver and the reasons for the waiver. 

‘‘(d) ANNUAL REPORT.—(1) Not later than 45 days after the 

date on which the President submits to Congress the budget for 

a fiscal year under section 1105 of title 31, the Secretary of Defense 

shall submit to the congressional defense committees a report containing budget justification documents summarizing the level of 

capital investment for each military department as of the end 

of the preceding fiscal year. 

‘‘(2) Each report submitted under paragraph (1) shall include 

the following: 
H. R. 5122—68

‘‘(A) A specification of any statutory, regulatory, or operational impediments to achieving the requirement under subsection (a) with respect to each military department. 

‘‘(B) A description of the benchmarks for capital investment 

established for each covered depot and military department 

and the relationship of the benchmarks to applicable performance measurement methods used in the private sector. 

‘‘(C) If the requirement under subsection (a) is not met 

for a military department for the fiscal year covered by the 

report, a statement of the reasons why the requirement was 

not met and a plan of actions for meeting the requirement 

for the fiscal year beginning in the year in which such report 

is submitted. 

‘‘(e) COVERED DEPOT.—In this section, the term ‘covered depot’ 

means any of the following: 

‘‘(1) With respect to the Department of the Army: 

‘‘(A) Anniston Army Depot, Alabama. 

‘‘(B) Letterkenny Army Depot, Pennsylvania. 

‘‘(C) Tobyhanna Army Depot, Pennsylvania. 

‘‘(D) Corpus Christi Army Depot, Texas. 

‘‘(E) Red River Army Depot, Texas. 

‘‘(2) With respect to the Department of the Navy: 

‘‘(A) Fleet Readiness Center East Site, Cherry Point, 

North Carolina. 

‘‘(B) Fleet Readiness Center Southwest Site, North 

Island, California. 

‘‘(C) Fleet Readiness Center Southeast Site, Jacksonville, Florida. 

‘‘(D) Portsmouth Naval Shipyard, Maine. 

‘‘(E) Pearl Harbor Naval Shipyard, Hawaii. 

‘‘(F) Puget Sound Naval Shipyard, Washington. 

‘‘(G) Norfolk Naval Shipyard, Virginia. 

‘‘(H) Marine Corps Logistics Base, Albany, Georgia. 

‘‘(I) Marine Corps Logistics Base, Barstow, California. 

‘‘(3) With respect to the Department of the Air Force: 

‘‘(A) Warner-Robins Air Logistics Center, Georgia. 

‘‘(B) Ogden Air Logistics Center, Utah. 

‘‘(C) Oklahoma City Air Logistics Center, Oklahoma.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘2476. Minimum capital investment for certain depots.’’.

(c) EFFECTIVE DATE.—Section 2476 of title 10, United States 

Code, as added by subsection (a), shall take effect on October 

1, 2006. 

(d) TWO YEAR PHASE-IN FOR DEPARTMENTS OF THE ARMY AND

THE NAVY.—

(1) REDUCED PERCENTAGE OF REQUIRED INVESTMENT FOR

FISCAL YEARS 2007 AND 2008.—The Secretary of the Army shall 

apply subsection (a) of section 2476 of title 10, United States 

Code, as added by subsection (a), to the covered depots of 

the Army, and the Secretary of the Navy shall apply such 

subsection to the covered depots of the Department of the 

Navy—

(A) for fiscal year 2007, by substituting ‘‘four percent’’ 

for ‘‘six percent’’; and 
H. R. 5122—69

(B) for fiscal year 2008, by substituting ‘‘five percent’’ 

for ‘‘six percent’’. 

(2) COVERED DEPOTS.—In this subsection, the term ‘‘covered 

depot’’ has the meaning given that term in subsection (e) of 

section 2476 of title 10, United States Code, as added by subsection (a). 

SEC. 333. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACTOR 

PERFORMANCE OF SECURITY GUARD FUNCTIONS. 

(a) EXTENSION AND LIMITATION ON TOTAL NUMBER OF CONTRACTORS.—Section 332(c) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314) is amended—

(1) by striking ‘‘September 30, 2007’’ both places it appears 

and inserting ‘‘September 30, 2009’’; 

(2) by redesignating subsection (d) as subsection (e); and 

(3) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) LIMITATION.—The total number of personnel employed to 

perform security guard functions under all contracts entered into 

pursuant to this section shall not exceed—

‘‘(1) for fiscal year 2007, the total number of such personnel 

employed under such contracts on October 1, 2006; 

‘‘(2) for fiscal year 2008, the number equal to 90 percent 

of the total number of such personnel employed under such 

contracts on October 1, 2006; and 

‘‘(3) for fiscal year 2009, the number equal to 80 percent 

of the total number of such personnel employed under such 

contracts on October 1, 2006.’’. 

(b) REPORT ON CONTRACTOR PERFORMANCE OF SECURITY-GUARD

FUNCTIONS.—Not later than February 1, 2007, the Secretary of 

Defense shall submit to the Committee on Armed Services of the 

Senate and the Committee on Armed Services of the House of 

Representatives a report on contractor performance of security 

guard functions under section 332 of the Bob Stump National 

Defense Authorization Act for Fiscal Year 2003 (Public Law 107–

314). The report shall include the following: 

(1) An explanation of progress made toward implementing 

each of the seven recommendations in the Comptroller General 

report entitled ‘‘Contract Security Guards: Army’s Guard Program Requires Greater Oversight and Reassessment of Acquisition Approach’’ (GAO–06–284). 

(2) An assessment, taking into consideration the observations made by the Comptroller General on the report of the 

Department of Defense of November 2005 that is entitled 

‘‘Department of Defense Installation Security Guard Requirement Assessment and Plan’’, of the following: 

(A) The cost-effectiveness of using contractors rather 

than Department of Defense employees to perform securityguard functions. 

(B) The performance of contractors employed as security guards compared with the performance of military 

personnel who have served as security guards. 

(C) Specific results of on-site visits made by officials 

designated by the Secretary of Defense to military installations using contractors to perform security-guard functions. 

(c) CONTRACT LIMITATION.—No contract may be entered into 

under section 332 of the Bob Stump National Defense Authorization 
H. R. 5122—70

Act for Fiscal Year 2003 (Public Law 107–314) after September 

30, 2007, until the report required under subsection (b) is submitted. 

Subtitle E—Reports 

SEC. 341. REPORT ON NAVY FLEET RESPONSE PLAN. 

(a) REPORT REQUIRED.—Not later than December 1, 2006, the 

Secretary of the Navy shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of 

the House of Representatives a report on the program of the Navy 

referred to as the Fleet Response Plan. The report shall include 

the following: 

(1) A directive that provides guidance for the conduct of 

the Plan and standardizes terms and definitions. 

(2) Performance measures for evaluation of the Plan. 

(3) Costs and resources needed to achieve objectives of 

the Plan, including any incremental effect on the Navy Operation and Maintenance budget. 

(4) Operational tests, exercises, war games, experiments, 

and deployments used to test performance. 

(5) A collection and synthesis of lessons learned from the 

implementation of the Plan as of the date on which the report 

is submitted. 

(6) Evaluation of each of the following with respect to 

each ship participating in the Plan: 

(A) Combat readiness, including training requirements. 

(B) Ship material condition, including trending data 

for mission degrading casualty reports rated as C3 or C4. 

(C) Professional development training requirements 

accomplished during a deployment and at home station. 

(D) Crew retention statistics. 

(7) Any proposed changes to the Surface Force Training 

Manual. 

(8) The amount of funding required to effectively implement 

the operation and maintenance requirements of the Plan by 

ship class. 

(9) Any recommendations of the Secretary of the Navy 

with respect to expanding the Plan to include Expeditionary 

Strike Groups. 

(b) COMPTROLLER GENERAL REPORT.—Not later than 120 days 

after the date on which the Secretary of the Navy submits the 

report required under subsection (a), the Comptroller General shall 

submit to the congressional defense committees a report containing 

a review of the report required under that subsection. The Comptroller General’s report shall include the following: 

(1) An examination of the management approaches of the 

Navy in implementing the Fleet Response Plan. 

(2) An assessment of the adequacy of Navy directives and 

guidance with respect to maintenance and training requirements and procedures. 

(3) An analysis and assessment of the adequacy of the 

Navy’s evaluation criteria for the Plan. 

(4) An evaluation of Navy data on aircraft carriers, 

destroyers, and cruisers that participated in the Plan with 

respect to readiness, response time, and availability for routine 

or unforeseen deployments. 
H. R. 5122—71

(5) An assessment of the Navy’s progress in identifying 

the amount of funding required to effectively implement the 

operations and maintenance requirements of the Plan and the 

effect of providing funding in an amount less than that amount. 

(6) Any recommendations of the Comptroller General with 

respect to expanding the Plan to include Expeditionary Strike 

Groups. 

(c) POSTPONEMENT OF EXPANSION.—The Secretary of the Navy 

may not expand the implementation of the Fleet Response Plan 

beyond the Carrier Strike Groups until the date that is six months 

after the date on which the Secretary of the Navy submits the 

report required under subsection (a). 

SEC. 342. REPORT ON NAVY SURFACE SHIP ROTATIONAL CREW PROGRAMS. 

(a) REPORT REQUIRED.—Not later than April 1, 2007, the Secretary of the Navy shall submit to the Committee on Armed Services 

of the Senate and the Committee on Armed Services of the House 

of Representatives a report on the ship rotational crew experiment 

referred to in subsection (c)(1). The report shall include the following: 

(1) A comparison between the three destroyers participating 

in that experiment and destroyers not participating in the 

experiment that takes into consideration each of the following: 

(A) Cost-effectiveness, including a comparison of travel 

and per diem expenses, maintenance costs, and other costs. 

(B) Maintenance procedures, impacts, and deficiencies, 

including the number and characterization of maintenance 

deficiencies, the extent of voyage repairs, post-deployment 

assessments of the material condition of the ships, and 

the extent to which work levels were maintained. 

(C) Mission training requirements. 

(D) Professional development requirements and 

opportunities. 

(E) Liberty port of call opportunities. 

(F) Movement and transportation of crew. 

(G) Inventory and property accountability. 

(H) Policies and procedures for assigning billets for 

rotating crews. 

(I) Crew retention statistics. 

(J) Readiness and mission capability data. 

(2) Results from surveys administered or focus groups held 

to obtain representative views from commanding officers, officers, and enlisted members on the effects of rotational crew 

experiments on quality of life, training, professional development, maintenance, mission effectiveness, and other issues. 

(3) The extent to which standard policies and procedures 

were developed and used for participating ships. 

(4) Lessons learned from the experiment. 

(5) An assessment from the combatant commanders on 

the crew mission performance when deployed. 

(6) An assessment from the commander of the Fleet Forces 

Command on the material condition, maintenance, and crew 

training of each participating ship. 
H. R. 5122—72

(7) Any recommendations of the Secretary of the Navy 

with respect to the extension of the ship rotational crew experiment or the implementation of the experiment for other surface 

vessels. 

(b) POSTPONEMENT OF IMPLEMENTATION.—The Secretary of the 

Navy may not begin implementation of any new surface ship rotational crew experiment or program during the period beginning 

on the date of the enactment of this Act and ending on October 

1, 2009. 

(c) TREATMENT OF EXISTING EXPERIMENTS.—

(1) DESTROYER EXPERIMENT.—Not later than January 1, 

2007, the Secretary of the Navy shall terminate the existing 

ship rotational crew experiment involving the U.S.S. Gonzalez 

(DDG–66), the U.S.S. Stout (DDG–55), and the U.S.S. Laboon 

(DDG–58) that is known as the ‘‘sea swap’’. 

(2) PATROL COASTAL CLASS SHIP EXPERIMENT.—The Secretary of the Navy may continue the existing ship rotational 

crew program that is currently in use by overseas-based Patrol 

Coastal class ships. 

(3) MINE COUNTERMEASURES SHIPS.—The Secretary of the 

Navy may continue the existing ship rotational crew program 

that is currently in use by MCM and MHC ships. 

(4) LITTORAL COMBAT SHIPS.—The Secretary of the Navy 

may employ a two crew for one ship (commonly referred to 

as Blue-Gold) rotational crew program for the first two ships 

of each Littoral combat ship design (LCS 1–4). 

(d) COMPTROLLER GENERAL REPORT.—Not later than July 15, 

2007, the Comptroller General shall submit to the Committee on 

Armed Services of the Senate and the Committee on Armed Services 

of the House of Representatives a report on the ship rotational 

crew experiment referred to in subsection (c)(1). The report shall 

include the following: 

(1) A review of the report submitted by the Secretary 

of the Navy under subsection (a) and an assessment of the 

extent to which the Secretary fully addressed costs, quality 

of life, training, maintenance, and mission effectiveness, and 

other relevant issues in that report. 

(2) An assessment of the extent to which the Secretary 

established and applied a comprehensive framework for 

assessing the use of ship rotational crew experiments, including 

formal objectives, metrics, and methodology for assessing the 

cost-effectiveness of such experiments. 

(3) An assessment of the extent to which the Secretary 

established effective guidance for the use of ship rotational 

crew experiments. 

(4) Lessons learned from recent ship rotational crew experiments and an assessment of the extent to which the Navy 

systematically collects and shares lessons learned. 

(e) CONGRESSIONAL BUDGET OFFICE REPORT.—Not later than 

July 15, 2007, the Director of the Congressional Budget Office 

shall submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives a report on the long-term implications of the use of crew 

rotation on Navy ships on the degree of forward presence provided 

by Navy ships. The report shall include the following: 
H. R. 5122—73

(1) An analysis of different approaches to crew rotation 

and the degree of forward presence each approach would provide. 

(2) A comparison of the degree of forward presence provided 

by the fleet under the long-term shipbuilding plan of the Navy 

with and without the widespread use of crew rotation. 

(3) The long-term benefits and costs of using crew rotation 

on Navy ships. 

SEC. 343. REPORT ON ARMY LIVE-FIRE RANGES IN HAWAII. 

Not later than March 1, 2007, the Secretary of the Army 

shall submit to Congress a report on the adequacy of the livefire ranges of the Army in the State of Hawaii with respect to 

current and future training requirements. The report shall include 

the following: 

(1) An evaluation of the capacity of the existing live-fire 

ranges to meet the training requirements of the Army, including 

the training requirements of Stryker Brigade Combat Teams. 

(2) A description of any existing plan to modify or expand 

any range in Hawaii for the purpose of meeting anticipated 

live-fire training requirements. 

(3) A description of the current live-fire restrictions at 

the Makua Valley range and the effect of these restrictions 

on unit readiness. 

(4) Cost and schedule estimates for the construction of 

new ranges or the modification of existing ranges that are 

necessary to support future training requirements if existing 

restrictions on training at the Makua Valley range remain 

in place. 

SEC. 344. COMPTROLLER GENERAL REPORT ON JOINT STANDARDS 

AND PROTOCOLS FOR ACCESS CONTROL SYSTEMS AT 

DEPARTMENT OF DEFENSE INSTALLATIONS. 

(a) REPORT REQUIRED.—Not later than one year after the date 

of the enactment of this Act, the Comptroller General shall submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

containing the assessment of the Comptroller General of—

(1) the extent to which consistency exists in standards, 

protocols, and procedures for access control across installations 

of the Department of Defense; and 

(2) whether the establishment of joint standards and protocols for access control at such installations would be likely 

to—

(A) address any need of the Department identified 

by the Comptroller General; or 

(B) improve access control across such installations 

by providing greater consistency and improved force protection. 

(b) ISSUES TO BE ASSESSED.—In conducting the assessment 

required by subsection (a), the Comptroller General shall assess 

the extent to which each installation of the Department of Defense 

has or would benefit from having an access control system with 

the ability to—

(1) electronically check any identification card issued by 

any Federal agency or any State or local government within 

the United States, including any identification card of a visitor 
H. R. 5122—74

to the installation who is a citizen or legal resident of the 

United States; 

(2) verify that an identification card used to obtain access 

to the installation was legitimately issued and has not been 

reported lost or stolen; 

(3) check on a real-time basis all relevant watch lists maintained by the Government, including terrorist watch lists and 

lists of persons wanted by Federal, State, or local law enforcement authorities; 

(4) maintain a log of individuals seeking access to the 

installation and of individuals who are denied access to the 

installation; and 

(5) exchange information with any installation with a 

system that complies with the joint standards and protocols. 

SEC. 345. COMPTROLLER GENERAL REPORT ON READINESS OF ARMY 

AND MARINE CORPS GROUND FORCES. 

(a) REPORT REQUIRED.— (1) IN GENERAL.—Not later than June 1, 2007, the Comptroller General shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of 

the House of Representatives a report on the readiness of 

the active component and reserve component ground forces 

of the Army and the Marine Corps. 

(2) ONE OR MORE REPORTS.—In complying with the requirements of this section, the Comptroller General may submit 

a single report addressing all the elements specified in subsection (b) or two or more reports addressing any combination 

of such elements. If the Comptroller General submits more 

than one report under this section, all such reports shall be 

submitted not later than the date specified in paragraph (1). 

(b) ELEMENTS.—The elements specified in this subsection are 

the following: 

(1) An analysis of the current readiness status of each 

of the active component and reserve component ground forces 

of the Army and the Marine Corps, including a description 

of any major deficiency identified, an analysis of the trends 

in readiness of such forces during not less than the ten-year 

period preceding the date on which the report is submitted, 

and a comparison of the current readiness indicators of such 

ground forces with historical patterns. 

(2) An assessment of the ability of the Army and the 

Marine Corps to provide trained and ready forces for ongoing 

operations as well as other commitments assigned to the Army 

and the Marine Corps in defense planning documents. 

(3) An analysis of the availability of equipment for training 

by units of the Army and the Marine Corps in the United 

States in configurations comparable to the equipment being 

used by units of the Army and the Marine Corps, as applicable, 

in ongoing operations. 

(4) An analysis of the current and projected requirements 

for repair or replacement of equipment of the Army and the 

Marine Corps due to ongoing operations and the effect of such 

required repair or replacement of equipment on the availability 

of equipment for training. 

(5) An assessment of the current personnel tempo of Army 

and Marine Corps forces, including—
H. R. 5122—75

(A) a comparison of such tempos to historical trends; 

(B) an identification of particular occupational specialties that are experiencing unusually high or low deployment rates; and 

(C) an analysis of retention rates in the occupational 

specialties identified under subparagraph (B). 

(6) An assessment of the efforts of the Army and the 

Marine Corps to mitigate the impact of high operational tempos, 

including cross-leveling of personnel and equipment or cross 

training of personnel or units for new or additional mission 

requirements. 

(7) A description of the current policy of the Army and 

the Marine Corps with respect to the mobilization of reserve 

component personnel, together with an analysis of the number 

of reserve component personnel in each of the Army and the 

Marine Corps that are projected to be available for deployment 

under such policy. 

(c) FORM OF REPORT.—Any report submitted under subsection 

(a) shall be submitted in both classified and unclassified form. 

SEC. 346. REPORT ON AIR FORCE SAFETY REQUIREMENTS FOR AIR 

FORCE FLIGHT TRAINING OPERATIONS AT PUEBLO MEMORIAL AIRPORT, COLORADO. 

(a) REPORT REQUIRED.—Not later than February 15, 2007, the 

Secretary of the Air Force shall submit to the congressional defense 

committees a report on Air Force safety requirements for Air Force 

flight training operations at Pueblo Memorial Airport, Colorado. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include each of the following: 

(1) A description of the Air Force flying operations at 

Pueblo Memorial Airport, including the Initial Flight Screening 

program. 

(2) An assessment of the impact of Air Force operations 

at Pueblo Memorial Airport on non-Air Force activities at the 

airport. 

(3) A description of the requirements necessary at Pueblo 

Memorial Airport to ensure safe Air Force flying operations, 

including the continuous availability of fire protection, crash 

rescue, and other emergency response capabilities. 

(4) An assessment of the necessity of providing for a continuous fire-fighting capability at Pueblo Memorial Airport. 

(5) A description and analysis of any alternatives for Air 

Force flying operations at Pueblo Memorial Airport, including 

the cost and availability of any such alternatives. 

(6) A description of Air Force funding of fire-fighting and 

crash rescue support at Pueblo Memorial Airport through the 

services contract for the Initial Flight Screening program. 

(7) An assessment of whether Air Force funding is required 

to assist the City of Pueblo, Colorado, in meeting Air Force 

requirements for safe Air Force flight operations at Pueblo 

Memorial Airport, and if such funding is required, the plan 

of the Secretary of the Air Force to provide such funding to 

the city. 
H. R. 5122—76

SEC. 347. ANNUAL REPORT ON PERSONNEL SECURITY INVESTIGATIONS FOR INDUSTRY AND NATIONAL INDUSTRIAL SECURITY PROGRAM. 

(a) ANNUAL REPORT REQUIRED.—The Secretary of Defense shall 

include in the budget justification documents submitted to Congress 

in support of the President’s budget for the Department of Defense 

for each fiscal year, a report on the future requirements of the 

Department of Defense with respect to the Personnel Security Investigations for Industry and the National Industrial Security Program 

of the Defense Security Service. 

(b) CONTENTS OF REPORT.—Each report required to be submitted under subsection (a) shall include the following: 

(1) The funding requirements of the personnel security 

clearance investigation program and ability of the Secretary 

of Defense to fund the program. 

(2) The size of the personnel security clearance investigation process backlog. 

(3) The length of the average delay for an individual case 

pending in the personnel security clearance investigation 

process. 

(4) Any progress made by the Secretary of Defense during 

the 12 months preceding the date on which the report is submitted toward implementing planned changes in the personnel 

security clearance investigation process. 

(5) A determination certified by the Secretary of Defense 

of whether the personnel security clearance investigation 

process has improved during the 12 months preceding the date 

on which the report is submitted. 

(c) COMPTROLLER GENERAL REPORT.—Not later than 180 days 

after the Secretary of Defense submits the first report required 

under subsection (a), the Comptroller General shall submit to Congress a report that contains a review of such report. The Comptroller 

General’s report shall include the following: 

(1) The number of personnel security clearance investigations conducted during the period beginning on October 1, 

1999, and ending on September 30, 2006. 

(2) The number of each type of security clearance granted 

during that period. 

(3) The unit cost to the Department of Defense of each 

security clearance granted during that period. 

(4) The amount of any fee or surcharge paid to the Office 

of Personnel Management as a result of conducting a personnel 

security clearance investigation. 

(5) A description of the procedures used by the Secretary 

of Defense to estimate the number of personnel security clearance investigations to be conducted during a fiscal year. 

(6) A description of any plan developed by the Secretary 

of Defense to reduce delays and backlogs in the personnel 

security clearance investigation process. 

(7) A description of any plan developed by the Secretary 

of Defense to adequately fund the personnel security clearance 

investigation process. 

(8) A description of any plan developed by the Secretary 

of Defense to establish a more stable and effective Personnel 

Security Investigations Program. 
H. R. 5122—77

SEC. 348. FIVE-YEAR EXTENSION OF ANNUAL REPORT ON TRAINING 

RANGE SUSTAINMENT PLAN AND TRAINING RANGE INVENTORY. 

Section 366 of the Bob Stump National Defense Authorization 

Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2522; 

10 U.S.C. 113 note) is amended—

(1) in subsections (a)(5) and (c)(2), by striking ‘‘fiscal years 

2005 through 2008’’ and inserting ‘‘fiscal years 2005 through 

2013’’; and 

(2) in subsection (d), by striking ‘‘within 60 days of receiving 

a report’’ and inserting ‘‘within 90 days of receiving a report’’. 

SEC. 349. REPORTS ON WITHDRAWAL OR DIVERSION OF EQUIPMENT 

FROM RESERVE UNITS FOR SUPPORT OF RESERVE UNITS 

BEING MOBILIZED AND OTHER UNITS. 

(a) REPORT REQUIRED ON WITHDRAWAL OR DIVERSION OF EQUIPMENT.—Not later than 90 days after the date on which the Secretary 

concerned (as that term is defined in section 101(a)(9) of title 

10, United States Code) withdraws or diverts equipment from any 

reserve component unit for the purpose of transferring such equipment to a reserve component unit that is ordered to active duty 

under section 12301, 12302, or 12304 of title 10, United States 

Code, or to an active component unit for the purpose of discharging 

the mission of the unit to which the equipment is diverted, the 

Secretary concerned shall submit to the Secretary of Defense a 

status report on such withdrawal or diversion of equipment. 

(b) ELEMENTS OF STATUS REPORT.—Each status report under 

subsection (a) shall include the following: 

(1) A plan to repair, recapitalize, or replace the equipment 

withdrawn or diverted within the unit from which it is being 

withdrawn or diverted. 

(2) In the case of equipment that is to remain in a theater 

of operations while the unit from which the equipment is withdrawn or diverted leaves the theater of operations, a plan 

to provide that unit with equipment appropriate to ensure 

the continuation of the readiness training of the unit. 

(3) A signed memorandum of understanding between the 

active or reserve component to which the equipment is diverted 

and the reserve component from which the equipment is withdrawn or diverted that specifies—

(A) how the equipment will be accounted for; and 

(B) when the equipment will be returned to the component from which it was withdrawn or diverted. 

(c) REPORTS TO CONGRESS.—Not later than 90 days after the 

date of the enactment of this Act and every 90 days thereafter, 

the Secretary of Defense shall submit to Congress all status reports 

submitted under subsection (a) during the 90-day period preceding 

the date on which the Secretary of Defense submits such reports. 

(d) TERMINATION.—This section shall terminate on the date 

that is five years after the date of the enactment of this Act. 
H. R. 5122—78

Subtitle F—Other Matters 

SEC. 351. DEPARTMENT OF DEFENSE STRATEGIC POLICY ON 

PREPOSITIONING OF MATERIEL AND EQUIPMENT. 

(a) STRATEGIC POLICY REQUIRED.—Chapter 131 of title 10, 

United States Code, is amended by adding at the end the following 

new section: 

‘‘§ 2229. Strategic policy on prepositioning of materiel and 

equipment 

‘‘(a) POLICY REQUIRED.—The Secretary of Defense shall maintain a strategic policy on the programs of the Department of Defense 

for the prepositioning of materiel and equipment. Such policy shall 

take into account national security threats, strategic mobility, 

service requirements, and the requirements of the combatant commands. 

‘‘(b) LIMITATION OF DIVERSION OF PREPOSITIONED MATERIEL.— The Secretary of a military department may not divert materiel 

or equipment from prepositioned stocks except—

‘‘(1) in accordance with a change made by the Secretary 

of Defense to the policy maintained under subsection (a); or 

‘‘(2) for the purpose of directly supporting a contingency 

operation or providing humanitarian assistance under chapter 

20 of this title. 

‘‘(c) CONGRESSIONAL NOTIFICATION.—The Secretary of Defense 

may not implement or change the policy required under subsection 

(a) until the Secretary submits to the congressional defense committees a report describing the policy or change to the policy.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘2229. Strategic policy on prepositioning of materiel and equipment.’’.

(c) DEADLINE FOR ESTABLISHMENT OF POLICY.— (1) DEADLINE.—Not later than six months after the date 

of the enactment of this Act, the Secretary of Defense shall 

establish the strategic policy on the programs of the Department of Defense for the prepositioning of materiel and equipment required under section 2229 of title 10, United States 

Code, as added by subsection (a). 

(2) LIMITATION ON DIVERSION OF PREPOSITIONED MATE- RIEL.—During the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary 

of Defense submits the report required under section 2229(c) 

of title 10, United States Code, on the policy referred to in 

paragraph (1), the Secretary of a military department may 

not divert materiel or equipment from prepositioned stocks 

except for the purpose of directly supporting a contingency 

operation or providing humanitarian assistance under chapter 

20 of that title. 

SEC. 352. AUTHORITY TO MAKE DEPARTMENT OF DEFENSE HORSES 

AVAILABLE FOR ADOPTION. 

(a) INCLUSION OF DEPARTMENT OF DEFENSE HORSES IN EXISTING

AUTHORITY.—Section 2583 of title 10, United States Code, is 

amended—
H. R. 5122—79

(1) in the section heading, by striking ‘‘working dogs’’ 

and inserting ‘‘animals’’; 

(2) by striking ‘‘working’’ each place it appears; 

(3) by striking ‘‘dog’’ and ‘‘dogs’’ each place they appear 

and inserting ‘‘animal’’ and ‘‘animals’’, respectively; 

(4) by striking ‘‘dog’s’’ in paragraphs (1) and (2) of subsection (a) and inserting ‘‘animal’s’’; 

(5) by striking ‘‘a dog’s adoptability’’ in subsection (b) and 

inserting ‘‘the adoptability of the animal’’; and 

(6) by adding at the end the following new subsection: 

‘‘(g) MILITARY ANIMAL DEFINED.—In this section, the term ‘military animal’ means the following: 

‘‘(1) A military working dog. 

‘‘(2) A horse owned by the Department of Defense.’’. 

(b) CLERICAL AMENDMENT.—The item relating to such section 

in the table of sections at the beginning of chapter 153 of such 

title is amended to read as follows:

‘‘2583. Military animals: transfer and adoption.’’.

SEC. 353. SALE AND USE OF PROCEEDS OF RECYCLABLE MUNITIONS 

MATERIALS. 

(a) ESTABLISHMENT OF PROGRAM.—Chapter 443 of title 10, 

United States Code, is amended by adding at the end the following 

new section: 

‘‘§ 4690. Recyclable munitions materials: sale; use of proceeds 

‘‘(a) AUTHORITY FOR PROGRAM.—Notwithstanding section 2577 

of this title, the Secretary of the Army may carry out a program 

to sell recyclable munitions materials resulting from the demilitarization of conventional military munitions without regard to 

chapter 5 of title 40 and use any proceeds in accordance with 

subsection (c). 

‘‘(b) METHOD OF SALE.—The Secretary shall use competitive 

procedures to sell recyclable munitions materials under this section 

in a manner consistent with Federal procurement laws and regulations. 

‘‘(c) PROCEEDS.—(1) Proceeds from the sale of recyclable munitions materials under this section shall be credited to an account 

that is specified as being for Army ammunition demilitarization 

from funds made available for the procurement of ammunition, 

to be available only for reclamation, recycling, and reuse of conventional military munitions (including research and development and 

equipment purchased for such purpose). 

‘‘(2) Amounts credited under this subsection shall be available 

for obligation for the fiscal year during which the funds are so 

credited and for three subsequent fiscal years. 

‘‘(d) REGULATIONS.—The Secretary shall prescribe regulations 

to carry out the program established under this section. Such regulations shall be consistent and in compliance with the Solid Waste 

Disposal Act (42 U.S.C. 6901 et seq.) and the regulations implementing that Act.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘4690. Recyclable munitions materials: sale; use of proceeds.’’.
H. R. 5122—80

SEC. 354. RECOVERY AND TRANSFER TO CORPORATION FOR THE PROMOTION OF RIFLE PRACTICE AND FIREARMS SAFETY OF 

CERTAIN FIREARMS, AMMUNITION, AND PARTS GRANTED 

TO FOREIGN COUNTRIES. 

(a) AUTHORITY TO RECOVER; TRANSFER TO CORPORATION.—Subchapter II of chapter 407 of title 36, United States Code, is amended 

by inserting after section 40728 the following new section: 

‘‘§ 40728A. Recovery of excess firearms, ammunition, and 

parts granted to foreign countries and transfer 

to corporation 

‘‘(a) AUTHORITY TO RECOVER.—The Secretary of the Army may 

recover from any country to which rifles, ammunition, repair parts, 

or other supplies described in section 40731(a) of this title are 

furnished on a grant basis under the conditions imposed by section 

505 of the Foreign Assistance Act of 1961 (22 U.S.C. 2314) any 

such rifles, ammunition, repair parts, or supplies that become excess 

to the needs of such country. 

‘‘(b) COST OF RECOVERY.—(1) Except as provided in paragraph 

(2), the cost of recovery of any rifles, ammunition, repair parts, 

or supplies under subsection (a) shall be treated as incremental 

direct costs incurred in providing logistical support to the corporation for which reimbursement shall be required as provided in 

section 40727(a) of this title. 

‘‘(2) The Secretary may require the corporation to pay costs 

of recovery described in paragraph (1) in advance of incurring 

such costs. Amounts so paid shall not be subject to the provisions 

of section 3302 of title 31, but shall be administered in accordance 

with the last sentence of section 40727(a) of this title. 

‘‘(c) AVAILABILITY FOR TRANSFER TO CORPORATION.—Any rifles, 

ammunition, repair parts, or supplies recovered under subsection 

(a) shall be available for transfer to the corporation in accordance 

with section 40728 of this title under such additional terms and 

conditions as the Secretary shall prescribe for purposes of this 

section.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 40728 the following new item:

‘‘40728A. Recovery of excess firearms, ammunition, and parts granted to foreign 

countries and transfer to corporation.’’.

SEC. 355. EXTENSION OF DEPARTMENT OF DEFENSE TELECOMMUNICATIONS BENEFIT PROGRAM. 

(a) TERMINATION AT END OF CONTINGENCY OPERATION.—Subsection (c) of section 344 of the National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 108–136) is amended to 

read as follows: 

‘‘(c) TERMINATION OF BENEFIT.—The authority to provide a benefit under subsection (a)(1) to a member directly supporting a 

contingency operation shall terminate on the date that is 60 days 

after the date on which the Secretary determines that the contingency operation has ended.’’. 

(b) APPLICATION TO OTHER CONTINGENCY OPERATIONS.—Such 

section is further amended—

(1) in subsection (a), by striking ‘‘Operation Iraqi Freedom 

and Operation Enduring Freedom’’ and inserting ‘‘a contingency 

operation’’; and 
H. R. 5122—81

(2) by adding at the end the following new subsection: 

‘‘(g) CONTINGENCY OPERATION DEFINED.—In this section, the 

term ‘contingency operation’ has the meaning given that term in 

section 101(a)(13) of title 10, United States Code. The term includes 

Operation Iraqi Freedom and Operation Enduring Freedom.’’. 

(c) EXTENSION TO HOSPITALIZED MEMBERS.—Subsection (a) of 

such section is further amended—

(1) by striking ‘‘As soon as possible after the date of the 

enactment of this Act, the’’ and inserting ‘‘(1) The’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) As soon as possible after the date of the enactment of 

the John Warner National Defense Authorization Act for Fiscal 

Year 2007, the Secretary shall provide, wherever practicable, prepaid phone cards, packet based telephony service, or an equivalent 

telecommunications benefit which includes access to telephone 

service to members of the Armed Forces who, although are no 

longer directly supporting a contingency operation, are hospitalized 

as a result of wounds or other injuries incurred while serving 

in direct support of a contingency operation.’’. 

(d) REPORT ON IMPLEMENTATION OF MODIFIED BENEFITS.—Not 

later than 90 days after the date of the enactment of this Act, 

the Secretary of Defense shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of 

the House of Representatives a report describing the status of 

the efforts of the Department of Defense to implement the modifications of the Department of Defense telecommunications benefit 

required by section 344 of the National Defense Authorization Act 

for Fiscal Year 2004 that result from the amendments made by 

this section. 

SEC. 356. EXTENSION OF AVAILABILITY OF FUNDS FOR COMMEMORATION OF SUCCESS OF THE ARMED FORCES IN OPERATION 

ENDURING FREEDOM AND OPERATION IRAQI FREEDOM. 

Section 378(b)(2) of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3214) is 

amended by striking ‘‘fiscal year 2006’’ and inserting ‘‘fiscal years 

2006 and 2007’’. 

SEC. 357. CAPITAL SECURITY COST SHARING. 

(a) RECONCILIATION REQUIRED.—For each fiscal year, the Secretary of Defense shall reconcile (1) the estimate of overseas presence of the Secretary of Defense under subsection (b) for that 

fiscal year, with (2) the determination of the Secretary of State 

under section 604(e)(1) of the Secure Embassy Construction and 

Counterterrorism Act of 1999 (22 U.S.C. 4865 note) of the total 

overseas presence of the Department of Defense for that fiscal 

year. 

(b) ANNUAL ESTIMATE OF OVERSEAS PRESENCE.—Not later than 

February 1 of each year, the Secretary of Defense shall submit 

to the congressional defense committees an estimate of the total 

number of Department of Defense overseas personnel subject to 

chief of mission authority pursuant to section 207 of the Foreign 

Service Act of 1980 (22 U.S.C. 3927) during the fiscal year that 

begins on October 1 of that year. 
H. R. 5122—82

SEC. 358. UTILIZATION OF FUEL CELLS AS BACK-UP POWER SYSTEMS 

IN DEPARTMENT OF DEFENSE OPERATIONS. 

The Secretary of Defense shall consider the utilization of fuel 

cells as replacements for current back-up power systems in a variety 

of Department of Defense operations and activities, including in 

telecommunications networks, perimeter security, individual equipment items, and remote facilities, in order to increase the operational longevity of back-up power systems and stand-by power 

systems in such operations and activities. 

SEC. 359. IMPROVING DEPARTMENT OF DEFENSE SUPPORT FOR CIVIL 

AUTHORITIES. 

(a) CONSULTATION.—In the development of concept plans for 

the Department of Defense for providing support to civil authorities, 

the Secretary of Defense may consult with the Secretary of Homeland Security and State governments. 

(b) PREPOSITIONING OF DEPARTMENT OF DEFENSE ASSETS.—

The Secretary of Defense may provide for the prepositioning of 

prepackaged or preidentified basic response assets, such as medical 

supplies, food and water, and communications equipment, in order 

to improve the ability of the Department of Defense to rapidly 

provide support to civil authorities. The prepositioning of basic 

response assets shall be carried out in a manner consistent with 

Department of Defense concept plans for providing support to civil 

authorities and section 2229 of title 10, United States Code, as 

added by section 351. 

(c) REIMBURSEMENT.—To the extent required by section 1535 

of title 31, United States Code, or other applicable law, the Secretary of Defense shall require that the Department of Defense 

be reimbursed for costs incurred by the Department in the 

prepositioning of basic response assets under subsection (b). 

(d) MILITARY READINESS.—The Secretary of Defense shall 

ensure that the prepositioning of basic response assets under subsection (b) does not adversely affect the military preparedness of 

the United States. 

(e) PROCEDURES AND GUIDELINES.—The Secretary may develop 

procedures and guidelines applicable to the prepositioning of basic 

response assets under subsection (b). 

SEC. 360. ENERGY EFFICIENCY IN WEAPONS PLATFORMS. 

(a) POLICY.—It shall be the policy of the Department of Defense 

to improve the fuel efficiency of weapons platforms, consistent with 

mission requirements, in order to—

(1) enhance platform performance; 

(2) reduce the size of the fuel logistics systems; 

(3) reduce the burden high fuel consumption places on 

agility; 

(4) reduce operating costs; and 

(5) dampen the financial impact of volatile oil prices. 

(b) REPORT REQUIRED.—

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a report on 

the progress of the Department of Defense in implementing 

the policy established by subsection (a). 

(2) ELEMENTS.—The report shall include the following: 
H. R. 5122—83

(A) An assessment of the feasibility of designating 

a senior Department of Defense official to be responsible 

for implementing the policy established by subsection (a). 

(B) A summary of the recommendations made as of 

the time of the report by—

(i) the Energy Security Integrated Product Team 

established by the Secretary of Defense in April 2006; 

(ii) the Defense Science Board Task Force on 

Department of Defense Energy Strategy established 

by the Under Secretary of Defense for Acquisition, 

Technology and Logistics on May 2, 2006; and 

(iii) the January 2001 Defense Science Board Task 

Force report on Improving Fuel Efficiency of Weapons 

Platforms. 

(C) For each recommendation summarized under 

subparagraph (B)—

(i) the steps that the Department has taken to 

implement such recommendation; 

(ii) any additional steps the Department plans to 

take to implement such recommendation; and 

(iii) for any recommendation that the Department 

does not plan to implement, the reasons for the decision 

not to implement such recommendation. 

(D) An assessment of the extent to which the research, 

development, acquisition, and logistics guidance and directives of the Department for weapons platforms are appropriately designed to address the policy established by subsection (a). 

(E) An assessment of the extent to which such guidance 

and directives are being carried out in the research, 

development, acquisition, and logistics programs of the 

Department. 

(F) A description of any additional actions that, in 

the view of the Secretary, may be needed to implement 

the policy established by subsection (a). 

SEC. 361. PRIORITIZATION OF FUNDS WITHIN NAVY MISSION OPERATIONS, SHIP MAINTENANCE, COMBAT SUPPORT FORCES, 

AND WEAPONS SYSTEM SUPPORT. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the President’s budget for fiscal year 2007 failed to 

fund the required number of ship steaming days per quarter 

for Navy ship operations as well as deferring projected depot 

maintenance for Navy ships and aircraft; and 

(2) the Secretary of Defense should ensure that sufficient 

financial resources are provided for each fiscal year to support 

the critical training and depot maintenance accounts of the 

Navy in order to enable the Navy to maintain the current 

readiness levels required to support the national military 

strategy without putting future readiness at risk by underfunding investment in modernization, including ship construction programs. 

(b) CERTIFICATION.—The Secretary of Defense shall submit to 

the congressional defense committees a written certification, at 

the same time the President submits the budget for each of fiscal 

years 2008, 2009, and 2010, that the Navy has budgeted and 
H. R. 5122—84

programmed funding to fully meet the requirements for that fiscal 

year for each of the following: 

(1) Ship steaming days per quarter for deployed and nondeployed ship operations. 

(2) Projected depot maintenance requirements for ships 

and aircraft. 

(c) LIMITATION.—Of the funds available for Operation and 

Maintenance, Defense-Wide, for the Office of the Secretary of 

Defense for each of fiscal years 2008, 2009, and 2010, no more 

than 80 percent may be obligated in that fiscal year until after 

the submission of the certification required by subsection (b) for 

the annual budget submitted in February of that year for the 

following fiscal year. 

(d) ANNUAL REPORT.—Beginning with the fiscal year 2008 

budget of the President, the Secretary of the Navy shall submit 

to the congressional defense committees an annual report (to be 

submitted when the budget is submitted) setting forth the progress 

toward funding the requirements of subsection (a). The annual 

reporting requirement shall terminate after the fiscal year 2010 

budget submission. Each such report shall include the following: 

(1) An assessment of the deployed and non-deployed quarterly ship steaming day requirements, itemized by active-duty 

component and reserve component. 

(2) An assessment of the associated budget request for 

each of the following: 

(A) Deployed and non-deployed ship steaming days 

per quarter. 

(B) Chief of Naval Operations ship depot maintenance 

availabilities, shown by type of maintenance availability 

and by location. 

(C) Air depot maintenance workload, shown by type 

of airframe and by location. 

(e) REPORT ON RIVERINE SQUADRONS.— (1) REPORT REQUIRED.—The Secretary of the Navy shall 

submit to the congressional defense committees a report on 

the Riverine Squadrons of the Navy. The report shall be submitted with the President’s budget for fiscal year 2008 and 

shall include the following: 

(A) The total amount funded for fiscal year 2006 and 

projected funding for fiscal year 2007 and fiscal year 2008 

for those squadrons. 

(B) The operational requirement of the commander 

of the United States Central Command for those squadrons 

and the corresponding Department of Navy concept of operations for deployments of those squadrons to support Operation Iraqi Freedom or Operation Enduring Freedom. 

(C) The military table of organization and equipment 

for those squadrons. 

(D) A summary of existing Department of Navy equipment that has been assigned in fiscal year 2006 or will 

be provided in fiscal year 2007 and fiscal year 2008 for 

those squadrons. 

(E) The Department of Navy directive for the mission 

assigned to those squadrons. 

(2) LIMITATION.—Of the amount made available for fiscal 

year 2007 to the Department of Navy for operation and maintenance for the Office of the Secretary of the Navy, not more 
H. R. 5122—85

than 80 percent may be obligated before the date on which 

the report required under paragraph (1) is submitted. 

SEC. 362. PROVISION OF ADEQUATE STORAGE SPACE TO SECURE PERSONAL PROPERTY OUTSIDE OF ASSIGNED MILITARY 

FAMILY HOUSING UNIT. 

The Secretary of a military department shall ensure that a 

member of the Armed Forces under the jurisdiction of the Secretary 

who occupies a unit of military family housing is provided with 

adequate storage space to secure personal property that the member 

is unable to secure within the unit whenever—

(1) the member is assigned to duty in an area for which 

special pay under section 310 of title 37, United States Code, 

is available and the assignment is pursuant to orders specifying 

an assignment of 180 days or more; and 

(2) the dependents of the member who otherwise occupy 

the unit of military family housing are absent from the unit 

for more than 30 consecutive days during the period of the 

assignment of the member. 

SEC. 363. EXPANSION OF PAYMENT OF REPLACEMENT VALUE OF PERSONAL PROPERTY DAMAGED DURING TRANSPORT AT 

GOVERNMENT EXPENSE. 

(a) COVERAGE OF PROPERTY OF CIVILIAN EMPLOYEES OF DEPART- MENT OF DEFENSE.—Subsection (a) of section 2636a of title 10, 

United States Code, is amended by striking ‘‘of baggage and household effects for members of the armed forces at Government 

expense’’ and inserting ‘‘at Government expense of baggage and 

household effects for members of the armed forces or civilian 

employees of the Department of Defense (or both)’’. 

(b) REQUIREMENT FOR PAYMENT AND DEDUCTION UPON FAILURE

OF CARRIER TO SETTLE.—Effective March 1, 2008, such section 

is further amended—

(1) in subsection (a), by striking ‘‘may include’’ and 

inserting ‘‘shall include’’; and 

(2) in subsection (b), by striking ‘‘may be deducted’’ and 

inserting ‘‘shall be deducted’’. 

(c) CERTIFICATION ON FAMILIES FIRST PROGRAM.—The Secretary 

of Defense shall submit to the congressional defense committees 

a report containing the certifications of the Secretary with respect 

to the program of the Department of Defense known as ‘‘Families 

First’’ on the following matters: 

(1) Whether there is an alternative to the system under 

the program that would provide equal or greater capability 

at a lower cost. 

(2) Whether the estimates on costs, and the anticipated 

schedule and performance parameters, for the program and 

system are reasonable. 

(3) Whether the management structure for the program 

is adequate to manage and control program costs. 

(d) COMPTROLLER GENERAL REPORTS ON FAMILIES FIRST PRO- GRAM.—

(1) REVIEW AND ASSESSMENT REQUIRED.—The Comptroller 

General of the United States shall conduct a review and assessment of the progress of the Department of Defense in implementing the program of the Department of Defense known 

as ‘‘Families First’’. 
H. R. 5122—86

(2) ELEMENTS OF REVIEW AND ASSESSMENT.—In conducting 

the review and assessment required by paragraph (1), the 

Comptroller General shall—

(A) assess the progress of the Department in achieving 

the goals of the Families First program, including progress 

in the development and deployment of the Defense Personal 

Property System; 

(B) assess the organization, staffing, resources, and 

capabilities of the Defense Personal Property System 

Project Management Office established on April 7, 2006; 

(C) evaluate the growth in cost of the program since 

the previous assessment of the program by the Comptroller 

General, and estimate the current annual cost of the 

Defense Personal Property System and each component 

of that system; and 

(D) assess the feasibility of implementing processes 

and procedures, pending the satisfactory development of 

the Defense Personal Property System, which would 

achieve the goals of the program of providing improved 

personal property management services to members of the 

Armed Forces. 

(3) REPORTS.—The Comptroller General shall submit to 

the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives 

reports as follows: 

(A) An interim report on the review and assessment 

required by paragraph (1) by not later than December 

1, 2006. 

(B) A final report on such review and assessment by 

not later than June 1, 2007. 

TITLE IV—MILITARY PERSONNEL 

AUTHORIZATIONS

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Sec. 403. Additional authority for increases of Army and Marine Corps active duty 

end strengths for fiscal years 2008 and 2009. 

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.

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

(a) IN GENERAL.—The Armed Forces are authorized strengths 

for active duty personnel as of September 30, 2007, as follows: 

(1) The Army, 512,400. 
H. R. 5122—87

(2) The Navy, 340,700. 

(3) The Marine Corps, 180,000. 

(4) The Air Force, 334,200. 

(b) LIMITATION.—

(1) ARMY.—The authorized strength for the Army provided 

in paragraph (1) of subsection (a) for active duty personnel 

for fiscal year 2007 is subject to the condition that costs of 

active duty personnel of the Army for that fiscal year in excess 

of 482,400 shall be paid out of funds authorized to be appropriated for that fiscal year for a contingent emergency reserve 

fund or as an emergency supplemental appropriation. 

(2) MARINE CORPS.—The authorized strength for the Marine 

Corps provided in paragraph (3) of subsection (a) for active 

duty personnel for fiscal year 2007 is subject to the condition 

that costs of active duty personnel of the Marine Corps for 

that fiscal year in excess of 175,000 shall be paid out of funds 

authorized to be appropriated for that fiscal year for a contingent emergency reserve fund or as an emergency supplemental 

appropriation. 

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 

MINIMUM LEVELS. 

Section 691(b) of title 10, United States Code, is amended 

by striking paragraphs (1) through (4) and inserting the following: 

‘‘(1) For the Army, 502,400. 

‘‘(2) For the Navy, 340,700. 

‘‘(3) For the Marine Corps, 180,000. 

‘‘(4) For the Air Force, 334,200.’’. 

SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND 

MARINE CORPS ACTIVE DUTY END STRENGTHS FOR 

FISCAL YEARS 2008 AND 2009. 

Effective October 1, 2007, the text of section 403 of the Ronald 

W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375; 118 Stat. 1863) is amended to read 

as follows: 

‘‘(a) AUTHORITY.—

‘‘(1) ARMY.—For each of fiscal years 2008 and 2009, the 

Secretary of Defense may, as the Secretary determines necessary for the purposes specified in paragraph (3), establish 

the active-duty end strength for the Army at a number greater 

than the number otherwise authorized by law up to the number 

equal to the fiscal-year 2007 baseline plus 20,000. 

‘‘(2) MARINE CORPS.—For each of fiscal years 2008 and 

2009, the Secretary of Defense may, as the Secretary determines necessary for the purposes specified in paragraph (3), 

establish the active-duty end strength for the Marine Corps 

at a number greater than the number otherwise authorized 

by law up to the number equal to the fiscal-year 2007 baseline 

plus 4,000. 

‘‘(3) PURPOSE OF INCREASES.—The purposes for which 

increases may be made in Army and Marine Corps active 

duty end strengths under paragraphs (1) and (2) are—

‘‘(A) to support operational missions; and 

‘‘(B) to achieve transformational reorganization objectives, including objectives for increased numbers of combat 
H. R. 5122—88

brigades and battalions, increased unit manning, force stabilization and shaping, and rebalancing of the active and 

reserve component forces. 

‘‘(4) FISCAL-YEAR 2007 BASELINE.—In this subsection, the 

term ‘fiscal-year 2007 baseline’, with respect to the Army and 

Marine Corps, means the active-duty end strength authorized 

for those services in section 401 of the John Warner National 

Defense Authorization Act for Fiscal Year 2007. 

‘‘(5) ACTIVE-DUTY END STRENGTH.—In this subsection, the 

term ‘active-duty end strength’ means the strength for activeduty personnel of one of the Armed Forces as of the last 

day of a fiscal year. 

‘‘(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AUTHORITY.— Nothing in this section shall be construed to limit the President’s 

authority under section 123a of title 10, United States Code, to 

waive any statutory end strength in a time of war or national 

emergency. 

‘‘(c) RELATIONSHIP TO OTHER VARIANCE AUTHORITY.—The 

authority under subsection (a) is in addition to the authority to 

vary authorized end strengths that is provided in subsections (e) 

and (f) of section 115 of title 10, United States Code. 

‘‘(d) BUDGET TREATMENT.— ‘‘(1) FISCAL YEAR 2008 BUDGET.—The budget for the Department of Defense for fiscal year 2008 as submitted to Congress 

shall comply, with respect to funding, with subsections (c) and 

(d) of section 691 of title 10, United States Code. 

‘‘(2) OTHER INCREASES.—If the Secretary of Defense plans 

to increase the Army or Marine Corps active duty end strength 

for a fiscal year under subsection (a), then the budget for 

the Department of Defense for that fiscal year as submitted 

to Congress shall include the amounts necessary for funding 

that active duty end strength in excess of the fiscal year 2007 

active duty end strength authorized for that service under 

section 401 of the John Warner National Defense Authorization 

Act for Fiscal Year 2007.’’. 

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

(a) IN GENERAL.—The Armed Forces are authorized strengths 

for Selected Reserve personnel of the reserve components as of 

September 30, 2007, as follows: 

(1) The Army National Guard of the United States, 350,000. 

(2) The Army Reserve, 200,000. 

(3) The Navy Reserve, 71,300. 

(4) The Marine Corps Reserve, 39,600. 

(5) The Air National Guard of the United States, 107,000. 

(6) The Air Force Reserve, 74,900. 

(7) The Coast Guard Reserve, 10,000. 

(b) ADJUSTMENTS.—The end strengths prescribed by subsection 

(a) for the Selected Reserve of any reserve component shall be 

proportionately reduced by—

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which 

are on active duty (other than for training) at the end of 

the fiscal year; and 
H. R. 5122—89

(2) the total number of individual members not in units 

organized to serve as units of the Selected Reserve of such 

component who are on active duty (other than for training 

or for unsatisfactory participation in training) without their 

consent at the end of the fiscal year. 

Whenever such units or such individual members are released 

from active duty during any fiscal year, the end strength prescribed 

for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized 

strengths of such units and by the total number of such individual 

members. 

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES. 

Within the end strengths prescribed in section 411(a), the 

reserve components of the Armed Forces are authorized, as of 

September 30, 2007, the following number of Reserves to be serving 

on full-time active duty or full-time duty, in the case of members 

of the National Guard, for the purpose of organizing, administering, 

recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 27,441. 

(2) The Army Reserve, 15,416. 

(3) The Navy Reserve, 12,564. 

(4) The Marine Corps Reserve, 2,261. 

(5) The Air National Guard of the United States, 13,291. 

(6) The Air Force Reserve, 2,707. 

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 

STATUS). 

The minimum number of military technicians (dual status) 

as of the last day of fiscal year 2007 for the reserve components 

of the Army and the Air Force (notwithstanding section 129 of 

title 10, United States Code) shall be the following: 

(1) For the Army Reserve, 7,912. 

(2) For the Army National Guard of the United States, 

26,050. 

(3) For the Air Force Reserve, 10,124. 

(4) For the Air National Guard of the United States, 23,255. 

SEC. 414. FISCAL YEAR 2007 LIMITATION ON NUMBER OF NON-DUAL 

STATUS TECHNICIANS. 

(a) LIMITATIONS.—

(1) NATIONAL GUARD.—Within the limitation provided in 

section 10217(c)(2) of title 10, United States Code, the number 

of non-dual status technicians employed by the National Guard 

as of September 30, 2007, may not exceed the following: 

(A) For the Army National Guard of the United States, 

1,600

(B) For the Air National Guard of the United States, 

350. 

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2007, 

may not exceed 595. 

(3) AIR FORCE RESERVE.—The number of non-dual status 

technicians employed by the Air Force Reserve as of September 

30, 2007, may not exceed 90. 
H. R. 5122—90

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 

the term ‘‘non-dual status technician’’ has the meaning given that 

term in section 10217(a) of title 10, United States Code. 

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2007, the maximum number of members 

of the reserve components of the Armed Forces who may be serving 

at any time on full-time operational support duty under section 

115(b) of title 10, United States Code, is the following: 

(1) The Army National Guard of the United States, 17,000. 

(2) The Army Reserve, 13,000. 

(3) The Navy Reserve, 6,200. 

(4) The Marine Corps Reserve, 3,000. 

(5) The Air National Guard of the United States, 16,000. 

(6) The Air Force Reserve, 14,000. 

Subtitle C—Authorization of 

Appropriations 

SEC. 421. MILITARY PERSONNEL. 

There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2007 a total 

of $110,098,628,000. The authorization in the preceding sentence 

supersedes any other authorization of appropriations (definite or 

indefinite) for such purpose for fiscal year 2007. 

SEC. 422. ARMED FORCES RETIREMENT HOME. 

There is hereby authorized to be appropriated for fiscal year 

2007 from the Armed Forces Retirement Home Trust Fund the 

sum of $54,846,000 for the operation of the 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 age for mandatory retirement for active-duty general and 

flag officers. 

Sec. 503. Increased mandatory retirement ages for reserve officers. 

Sec. 504. Standardization of grade of senior dental officer of the Air Force with that 

of senior dental officer of the Army. 

Sec. 505. Management of chief warrant officers. 

Sec. 506. 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. 507. Grade and exclusion from active-duty general and flag officer distribution 

and strength limitations of officer serving as Attending Physician to the 

Congress. 

Sec. 508. Modification of qualifications for leadership of the Naval Postgraduate 

School. 

PART II—OFFICER PROMOTION POLICY

Sec. 511. Revisions to authorities relating to authorized delays of officer promotions. 
H. R. 5122—91

Sec. 512. Consideration of adverse information by selection boards in recommendations on officers to be promoted. 

Sec. 513. Expanded authority for removal from reports of selection boards of officers recommended for promotion to grades below general and flag 

grades. 

Sec. 514. Special selection board authorities. 

Sec. 515. Removal from promotion list of officers not promoted within 18 months 

of approval of list by the President. 

PART III—JOINT OFFICER MANAGEMENT REQUIREMENTS

Sec. 516. Modification and enhancement of general authorities on management of 

officers who are joint qualified. 

Sec. 517. Modification of promotion policy objectives for joint officers. 

Sec. 518. Applicability of joint duty assignment requirements limited to graduates 

of National Defense University schools. 

Sec. 519. Modification of certain definitions relating to jointness. 

Subtitle B—Reserve Component Matters 

PART I—RESERVE COMPONENT MANAGEMENT

Sec. 521. Recognition of former Representative G. V. ‘Sonny’ Montgomery for his 30 

years of service in the House of Representatives. 

Sec. 522. Revisions to reserve call-up authority. 

Sec. 523. Military retirement credit for certain service by National Guard members 

performed while in a State duty status immediately after the terrorist 

attacks of September 11, 2001. 

PART II—AUTHORITIES RELATING TO GUARD AND RESERVE DUTY

Sec. 524. Title 10 definition of Active Guard and Reserve duty. 

Sec. 525. Authority for Active Guard and Reserve duties to include support of operational missions assigned to the reserve components and instruction and 

training of active-duty personnel. 

Sec. 526. Governor’s authority to order members to Active Guard and Reserve duty. 

Sec. 527. Expansion of operations of civil support teams. 

Sec. 528. Modification of authorities relating to the Commission on the National 

Guard and Reserves. 

Sec. 529. Additional matters to be reviewed by Commission on the National Guard 

and Reserves. 

Subtitle C—Education and Training 

PART I—SERVICE ACADEMIES

Sec. 531. Expansion of service academy exchange programs with foreign military 

academies. 

Sec. 532. Revision and clarification of requirements with respect to surveys and reports concerning sexual harassment and sexual violence at the service 

academies. 

Sec. 533. Department of Defense policy on service academy and ROTC graduates 

seeking to participate in professional sports before completion of their 

active-duty service obligations. 

PART II—SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAMS

Sec. 535. Authority to permit members who participate in the guaranteed reserve 

forces duty scholarship program to participate in the health professions 

scholarship program and serve on active duty. 

Sec. 536. Detail of commissioned officers as students at medical schools. 

Sec. 537. Increase in maximum amount of repayment under education loan repayment for officers in specified health professions. 

Sec. 538. Health Professions Scholarship and Financial Assistance Program for Active Service. 

PART III—JUNIOR ROTC PROGRAM

Sec. 539. Junior Reserve Officers’ Training Corps instructor qualifications. 

Sec. 540. Expansion of members eligible to be employed to provide Junior Reserve 

Officers’ Training Corps instruction. 

Sec. 541. Expansion of Junior Reserve Officers’ Training Corps program. 

Sec. 542. Review of legal status of Junior ROTC program. 

PART IV—OTHER EDUCATION AND TRAINING PROGRAMS

Sec. 543. Expanded eligibility for enlisted members for instruction at Naval Postgraduate School. 
H. R. 5122—92

Subtitle D—General Service Authorities 

Sec. 546. Test of utility of test preparation guides and education programs in enhancing recruit candidate performance on the Armed Services Vocational Aptitude Battery (ASVAB) and Armed Forces Qualification Test 

(AFQT). 

Sec. 547. Clarification of nondisclosure requirements applicable to certain selection 

board proceedings. 

Sec. 548. Report on extent of provision of timely notice of long-term deployments. 

Subtitle E—Military Justice Matters 

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

Armed Forces ordered to duty overseas in inactive duty for training status. 

Sec. 552. Clarification of application of Uniform Code of Military Justice during a 

time of war. 

Subtitle F—Decorations and Awards 

Sec. 555. Authority for presentation of Medal of Honor Flag to living Medal of 

Honor recipients and to living primary next-of-kin of deceased Medal of 

Honor recipients. 

Sec. 556. Review of eligibility of prisoners of war for award of the Purple Heart. 

Sec. 557. Report on Department of Defense process for awarding decorations. 

Subtitle G—Matters Relating to Casualties 

Sec. 561. Authority for retention after separation from service of assistive technology and devices provided while on active duty. 

Sec. 562. Transportation of remains of casualties dying in a theater of combat operations. 

Sec. 563. Annual budget display of funds for POW/MIA activities of Department 

of Defense. 

Sec. 564. Military Severely Injured Center. 

Sec. 565. Comprehensive review on procedures of the Department of Defense on 

mortuary affairs. 

Sec. 566. Additional elements of policy on casualty assistance to survivors of military decedents. 

Sec. 567. Requirement for deploying military medical personnel to be trained in 

preservation of remains under combat or combat-related conditions. 

Subtitle H—Impact Aid and Defense Dependents Education System 

Sec. 571. Enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe. 

Sec. 572. Continuation of authority to assist local educational agencies that benefit 

dependents of members of the Armed Forces and Department of Defense 

civilian employees. 

Sec. 573. Impact aid for children with severe disabilities. 

Sec. 574. Plan and authority to assist local educational agencies experiencing 

growth in enrollment due to force structure changes, relocation of military units, or base closures and realignments. 

Sec. 575. Pilot program on parent education to promote early childhood education 

for dependent children affected by military deployment or relocation of 

military units. 

Subtitle I—Armed Forces Retirement Home 

Sec. 578. Report on leadership and management of the Armed Forces Retirement 

Home. 

Sec. 579. Report on Local Boards of Trustees of the Armed Forces Retirement 

Home. 

Subtitle J—Reports 

Sec. 581. Report on personnel requirements for airborne assets identified as LowDensity, High-Demand Airborne Assets. 

Sec. 582. Report on feasibility of establishment of Military Entrance Processing 

Command station on Guam. 

Sec. 583. Inclusion in annual Department of Defense report on sexual assaults of 

information on results of disciplinary actions. 

Sec. 584. Report on provision of electronic copy of military records on discharge or 

release of members from the Armed Forces. 

Sec. 585. Report on omission of social security account numbers from military identification cards. 
H. R. 5122—93

Sec. 586. Report on maintenance and protection of data held by the Secretary of 

Defense as part of the Department of Defense Joint Advertising, Market 

Research and Studies (JAMRS) program. Sec. 587. Comptroller General report on military conscientious objectors. 

Subtitle K—Other Matters 

Sec. 591. Modification in Department of Defense contributions to Military Retirement Fund. 

Sec. 592. Revision in Government contributions to Medicare-Eligible Retiree Health 

Care Fund. 

Sec. 593. Dental Corps of the Navy Bureau of Medicine and Surgery. 

Sec. 594. Permanent authority for presentation of recognition items for recruitment 

and retention purposes. 

Sec. 595. Persons authorized to administer enlistment and appointment oaths. 

Sec. 596. Military voting matters. 

Sec. 597. Physical evaluation boards. 

Sec. 598. Military ID cards for retiree dependents who are permanently disabled. 

Sec. 599. United States Marine Band and United States Marine Drum and Bugle 

Corps.

Subtitle A—Officer Personnel Policy 

PART I—OFFICER PERSONNEL POLICY 

GENERALLY 

SEC. 501. MILITARY STATUS OF OFFICERS SERVING IN CERTAIN INTELLIGENCE COMMUNITY POSITIONS. 

(a) CLARIFICATION OF MILITARY STATUS.—Section 528 of title 

10, United States Code, is amended—

(1) by striking subsections (a) and (b) and inserting the 

following: 

‘‘(a) MILITARY STATUS.—An officer of the armed forces, while 

serving in a position covered by this section—

‘‘(1) shall not be subject to supervision or control by the 

Secretary of Defense or any other officer or employee of the 

Department of Defense, except as directed by the Secretary 

of Defense concerning reassignment from such position; and 

‘‘(2) may not exercise, by reason of the officer’s status 

as an officer, any supervision or control with respect to any 

of the military or civilian personnel of the Department of 

Defense except as otherwise authorized by law. 

‘‘(b) DIRECTOR AND DEPUTY DIRECTOR OF CIA.—When the position of Director or Deputy Director of the Central Intelligence 

Agency is held by an officer of the armed forces, the officer serving 

in that position, while so serving, shall be excluded from the limitations in sections 525 and 526 of this title. However, if both such 

positions are held by an officer of the armed forces, only one 

such officer may be excluded from those limitation while so 

serving.’’; and 

(2) by adding at the end the following new subsections: 

‘‘(e) EFFECT OF APPOINTMENT.—Except as provided in subsection (a), the appointment or assignment of an officer of the 

armed forces to a position covered by this section shall not affect—

‘‘(1) the status, position, rank, or grade of such officer 

in the armed forces; or 

‘‘(2) any emolument, perquisite, right, privilege, or benefit 

incident to or arising out of such status, position, rank, or 

grade. 

‘‘(f) MILITARY PAY AND ALLOWANCES.—(1) An officer of the 

armed forces on active duty who is appointed or assigned to a 
H. R. 5122—94

position covered by this section shall, while serving in such position 

and while remaining on active duty, continue to receive military 

pay and allowances and shall not receive the pay prescribed for 

such position. 

‘‘(2) Funds from which pay and allowances under paragraph 

(1) are paid to an officer while so serving shall be reimbursed 

as follows: 

‘‘(A) For an officer serving in a position within the Central 

Intelligence Agency, such reimbursement shall be made from 

funds available to the Director of the Central Intelligence 

Agency. 

‘‘(B) For an officer serving in a position within the Office 

of the Director of National Intelligence, such reimbursement 

shall be made from funds available to the Director of National 

Intelligence. 

‘‘(g) COVERED POSITIONS.—The positions covered by this section 

are the positions specified in subsections (b) and (c) and the positions designated under subsection (d).’’. 

(b) CLERICAL AMENDMENTS.— (1) The heading of such section is amended to read as 

follows: 

‘‘§ 528. Officers serving in certain intelligence positions: military status; exclusion from distribution and 

strength limitations; pay and allowances’’. 

(2) The item relating to section 528 in the table of sections 

at the beginning of chapter 32 of such title is amended to 

read as follows:

‘‘528. Officers serving in certain intelligence positions: military status; exclusion 

from distribution and strength limitations; pay and allowances.’’.

SEC. 502. EXTENSION OF AGE FOR MANDATORY RETIREMENT FOR 

ACTIVE-DUTY GENERAL AND FLAG OFFICERS. 

(a) REVISED AGE LIMITS FOR GENERAL AND FLAG OFFICERS.— Chapter 63 of title 10, United States Code, is amended by inserting 

after section 1252 the following new section: 

‘‘§ 1253. Age 64: regular commissioned officers in general 

and flag officer grades; exception 

‘‘(a) GENERAL RULE.—Unless retired or separated earlier, each 

regular commissioned officer of the Army, Navy, Air Force, or 

Marine Corps serving in a general or flag officer grade shall be 

retired on the first day of the month following the month in which 

the officer becomes 64 years of age. 

‘‘(b) EXCEPTION FOR OFFICERS SERVING IN O–9 AND O–10 POSI- TIONS.—In the case of an officer serving in a position that carries 

a grade above major general or rear admiral, the retirement under 

subsection (a) of that officer may be deferred—

‘‘(1) by the President, but such a deferment may not extend 

beyond the first day of the month following the month in 

which the officer becomes 68 years of age; or 

‘‘(2) by the Secretary of Defense, but such a deferment 

may not extend beyond the first day of the month following 

the month in which the officer becomes 66 years of age.’’. 

(b) RESTATEMENT AND MODIFICATION OF CURRENT AGE LIMITS

FOR OTHER OFFICERS.—Section 1251 of such title is amended to 

read as follows: 
H. R. 5122—95

‘‘§ 1251. Age 62: regular commissioned officers in grades 

below general and flag officer grades; exceptions 

‘‘(a) GENERAL RULE.—Unless retired or separated earlier, each 

regular commissioned officer of the Army, Navy, Air Force, or 

Marine Corps (other than an officer covered by section 1252 of 

this title or a commissioned warrant officer) serving in a grade 

below brigadier general or rear admiral (lower half), in the case 

of an officer in the Navy, shall be retired on the first day of 

the month following the month in which the officer becomes 62 

years of age. 

‘‘(b) DEFERRED RETIREMENT OF HEALTH PROFESSIONS OFFICERS.—(1) The Secretary of the military department concerned may, 

subject to subsection (d), defer the retirement under subsection 

(a) of a health professions officer if during the period of the 

deferment the officer will be performing duties consisting primarily 

of providing patient care or performing other clinical duties. 

‘‘(2) For purposes of this subsection, a health professions officer 

is—

‘‘(A) a medical officer; 

‘‘(B) a dental officer; or 

‘‘(C) an officer in the Army Nurse Corps, an officer in 

the Navy Nurse Corps, or an officer in the Air Force designated 

as a nurse. 

‘‘(c) DEFERRED RETIREMENT OF CHAPLAINS.—The Secretary of 

the military department concerned may, subject to subsection (d), 

defer the retirement under subsection (a) of an officer who is 

appointed or designated as a chaplain if the Secretary determines 

that such deferral is in the best interest of the military department 

concerned. 

‘‘(d) LIMITATION ON DEFERMENT OF RETIREMENTS.—(1) Except 

as provided in paragraph (2), a deferment under subsection (b) 

or (c) may not extend beyond the first day of the month following 

the month in which the officer becomes 68 years of age. 

‘‘(2) The Secretary of the military department concerned may 

extend a deferment under subsection (b) or (c) beyond the day 

referred to in paragraph (1) if the Secretary determines that extension of the deferment is necessary for the needs of the military 

department concerned. Such an extension shall be made on a caseby-case basis and shall be for such period as the Secretary considers 

appropriate.’’. 

(c) CLERICAL AMENDMENTS.—The table of sections at the beginning of chapter 63 of such title is amended—

(1) by striking the item relating to section 1251 and 

inserting the following new item:

‘‘1251. Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions.’’;

and 

(2) by inserting after the item relating to section 1252 

the following new item:

‘‘1253. Age 64: regular commissioned officers in general and flag officer grades; exception.’’.

(d) CONFORMING AMENDMENTS.—Chapter 71 of such title is 

amended—
H. R. 5122—96

(1) in the table in section 1401(a), by inserting at the 

bottom of the column under the heading ‘‘For sections’’, in 

the entry for Formula Number 5, the following: ‘‘1253’’; and 

(2) in the table in section 1406(b)(1), by inserting at the 

bottom of the first column the following: ‘‘1253’’. 

SEC. 503. INCREASED MANDATORY RETIREMENT AGES FOR RESERVE 

OFFICERS. 

(a) MAJOR GENERALS AND REAR ADMIRALS.—

(1) INCREASED AGE.—Section 14511 of title 10, United 

States Code, is amended by striking ‘‘62 years’’ and inserting 

‘‘64 years’’. 

(2) CONFORMING AMENDMENT.—The heading of such section 

is amended to read as follows: 

‘‘§ 14511. Separation at age 64: major generals and rear 

admirals’’. 

(b) BRIGADIER GENERALS AND REAR ADMIRALS (LOWER HALF).—

(1) INCREASED AGE.—Section 14510 of such title is amended 

by striking ‘‘60 years’’ and inserting ‘‘62 years’’. 

(2) CONFORMING AMENDMENT.—The heading of such section 

is amended to read as follows: 

‘‘§ 14510. Separation at age 62: brigadier generals and rear 

admirals (lower half)’’. 

(c) Officers Below Brigadier General or Rear Admiral (Lower 

Half)—

(1) INCREASED AGE.—Section 14509 of such title is amended 

by striking ‘‘60 years’’ and inserting ‘‘62 years’’. 

(2) CONFORMING AMENDMENT.—The heading of such section 

is amended to read as follows: 

‘‘§ 14509. Separation at age 62: reserve officers in grades 

below brigadier general or rear admiral (lower 

half)’’. 

(d) CERTAIN OTHER OFFICERS.—

(1) INCREASED AGE.—Section 14512 of such title is amended 

by striking ‘‘64 years’’ both places it appears and inserting 

‘‘66 years’’. 

(2) CONFORMING AMENDMENT.—The heading of such section 

is amended to read as follows: 

‘‘§ 14512. Separation at age 66: officers holding certain 

offices’’. 

(e) CONFORMING AMENDMENTS.—Section 14508 of such title 

is amended—

(1) in subsection (c), by striking ‘‘60 years’’ and inserting 

‘‘62 years’’; and 

(2) in subsection (d), by striking ‘‘62 years’’ and inserting 

‘‘64 years’’. 

(f) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 1407 of such title is amended by striking the 

items relating to sections 14509, 14510, 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). 
H. R. 5122—97

‘‘14511. Separation at age 64: major generals and rear admirals. 

‘‘14512. Separation at age 66: officers holding certain offices.’’.

SEC. 504. STANDARDIZATION OF GRADE OF SENIOR DENTAL OFFICER 

OF THE AIR FORCE WITH THAT OF SENIOR DENTAL 

OFFICER OF THE ARMY. 

(a) AIR FORCE ASSISTANT SURGEON GENERAL FOR DENTAL SERV- ICES.—Section 8081 of title 10, United States Code, is amended 

by striking ‘‘brigadier general’’ in the second sentence and inserting 

‘‘major general’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date of the occurrence of the next vacancy 

in the position of Assistant Surgeon General for Dental Services 

in the Air Force that occurs after the date of the enactment of 

this Act or, if earlier, on the date of the appointment to the grade 

of major general of the officer who is the incumbent in that position 

on the date of the enactment of the Act. 

SEC. 505. MANAGEMENT OF CHIEF WARRANT OFFICERS. 

(a) RETENTION OF CHIEF WARRANT OFFICERS, W–4, WHO HAVE

TWICE FAILED OF SELECTION FOR PROMOTION.—Paragraph (1) of 

section 580(e) of title 10, United States Code, is amended by striking 

‘‘continued on active duty if’’ and all that follows and inserting 

‘‘continued on active duty if—

‘‘(A) in the case of a warrant officer in the grade of chief 

warrant officer, W–2, or chief warrant officer, W–3, the warrant 

officer is selected for continuation on active duty by a selection 

board convened under section 573(c) of this title; and 

‘‘(B) in the case of a warrant officer in the grade of chief 

warrant officer, W–4, the warrant officer is selected for continuation on active duty by the Secretary concerned under such 

procedures as the Secretary may prescribe.’’. 

(b) ELIGIBILITY FOR CONSIDERATION FOR PROMOTION OF WARRANT OFFICERS CONTINUED ON ACTIVE DUTY.—Paragraph (2) of 

such section is amended—

(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(B) A warrant officer in the grade of chief warrant officer, 

W–4, who is retained on active duty pursuant to procedures prescribed under paragraph (1)(B) is eligible for further consideration 

for promotion while remaining on active duty.’’. 

(c) MANDATORY RETIREMENT FOR LENGTH OF SERVICE.—Section 

1305(a) of such title is amended—

(1) by striking ‘‘(1) Except as’’ and all the follows through 

‘‘W–5)’’ and inserting ‘‘A regular warrant officer’’; 

(2) by inserting ‘‘as a warrant officer’’ after ‘‘years of active 

service’’; 

(3) by inserting ‘‘the date on which’’ after ‘‘60 days after’’; 

and 

(4) by striking paragraph (2). 

SEC. 506. 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). 

Section 619(a)(1)(B) of title 10, United States Code, is amended 

by striking ‘‘October 1, 2005’’ and inserting ‘‘October 1, 2008’’. 
H. R. 5122—98

SEC. 507. GRADE AND EXCLUSION FROM ACTIVE-DUTY GENERAL AND 

FLAG OFFICER DISTRIBUTION AND STRENGTH LIMITATIONS OF OFFICER SERVING AS ATTENDING PHYSICIAN 

TO THE CONGRESS. 

(a) GRADE.—

(1) REGULAR OFFICER.—(A) Chapter 41 of title 10, United 

States Code, is amended by adding at the end the following 

new section: 

‘‘§ 722. Attending Physician to the Congress: grade 

‘‘A general officer serving as Attending Physician to the Congress, while so serving, holds the grade of major general. A flag 

officer serving as Attending Physician to the Congress, while so 

serving, holds the grade of rear admiral.’’. 

(B) The table of sections at the beginning of such chapter 

is amended by adding at the end the following new item:

‘‘722. Attending Physician to the Congress: grade.’’.

(2) RESERVE OFFICER.—(A) Section 12210 of such title is 

amended by striking ‘‘who holds’’ and all that follows and 

inserting ‘‘holds the reserve grade of major general or rear 

admiral, as appropriate.’’. 

(B) The heading of such section is amended to read as 

follows: 

‘‘§ 12210. Attending Physician to the Congress: reserve 

grade’’. 

(C) The table of sections at the beginning of chapter 1205 

of such title is amended by striking the item relating to section 

12210 and inserting the following new item:

‘‘12210. Attending Physician to the Congress: reserve grade.’’.

(b) DISTRIBUTION LIMITATIONS.—Section 525 of such title is 

amended by adding at the end the following new subsection: 

‘‘(f) An officer while serving as Attending Physician to the 

Congress is in addition to the number that would otherwise be 

permitted for that officer’s armed force for officers serving on active 

duty in grades above brigadier general or rear admiral (lower 

half) under subsection (a).’’. 

(c) ACTIVE-DUTY STRENGTH LIMITATIONS.—Section 526 of such 

title is amended by adding at the end the following new subsection: 

‘‘(f) EXCLUSION OF ATTENDING PHYSICIAN TO THE CONGRESS.—

The limitations of this section do not apply to the general or 

flag officer who is serving as Attending Physician to the Congress.’’. 

SEC. 508. MODIFICATION OF QUALIFICATIONS FOR LEADERSHIP OF 

THE NAVAL POSTGRADUATE SCHOOL. 

Subsection (a) of section 7042 of title 10, United States Code, 

is amended to read as follows: 

‘‘(a)(1) The President of the Naval Postgraduate School shall 

be one of the following: 

‘‘(A) An active-duty officer of the Navy or Marine Corps 

in a grade not below the grade of captain, or colonel, respectively, who is assigned or detailed to such position. 

‘‘(B) A civilian individual, including an individual who was 

retired from the Navy or Marine Corps in a grade not below 

captain, or colonel, respectively, who has the qualifications 
H. R. 5122—99

appropriate to the position of President and is selected by 

the Secretary of the Navy as the best qualified from among 

candidates for the position in accordance with—

‘‘(i) the criteria specified in paragraph (4); 

‘‘(ii) a process determined by the Secretary; and 

‘‘(iii) other factors the Secretary considers essential. 

‘‘(2) Before making an assignment, detail, or selection of an 

individual for the position of President of the Naval Postgraduate 

School, the Secretary shall—

‘‘(A) consult with the Board of Advisors for the Naval 

Postgraduate School; 

‘‘(B) consider any recommendation of the leadership and 

faculty of the Naval Postgraduate School regarding the assignment or selection to that position; and 

‘‘(C) consider the recommendations of the Chief of Naval 

Operations and the Commandant of the Marine Corps. 

‘‘(3) An individual selected for the position of President of 

the Naval Postgraduate School under paragraph (1)(B) shall serve 

in that position for a term of not more than five years and may 

be continued in that position for an additional term of up to five 

years. 

‘‘(4) The qualifications appropriate for selection of an individual 

for detail or assignment to the position of President of the Naval 

Postgraduate School include the following: 

‘‘(A) An academic degree that is either—

‘‘(i) a doctorate degree in a field of study relevant 

to the mission and function of the Naval Postgraduate 

School; or 

‘‘(ii) a master’s degree in a field of study relevant 

to the mission and function of the Naval Postgraduate 

School, but only if—

‘‘(I) the individual is an active-duty or retired 

officer of the Navy or Marine Corps in a grade not 

below the grade of captain or colonel, respectively; 

and 

‘‘(II) at the time of the selection of that individual 

as President, the individual permanently appointed to 

the position of Provost and Academic Dean has a doctorate degree in such a field of study. 

‘‘(B) A comprehensive understanding of the Department 

of the Navy, the Department of Defense, and joint and combined 

operations. 

‘‘(C) Leadership experience at the senior level in a large 

and diverse organization. 

‘‘(D) Demonstrated ability to foster and encourage a program of research in order to sustain academic excellence. 

‘‘(E) Other qualifications, as determined by the Secretary 

of the Navy.’’. 

PART II—OFFICER PROMOTION POLICY 

SEC. 511. REVISIONS TO AUTHORITIES RELATING TO AUTHORIZED 

DELAYS OF OFFICER PROMOTIONS. 

(a) OFFICERS ON ACTIVE-DUTY LIST.— (1) SECRETARY OF DEFENSE REGULATIONS FOR DELAYS OF

APPOINTMENT UPON PROMOTION.—Paragraphs (1) and (2) of subsection (d) of section 624 of title 10, United States Code, are 
H. R. 5122—100

amended by striking ‘‘prescribed by the Secretary concerned’’ 

in and inserting ‘‘prescribed by the Secretary of Defense’’. 

(2) ADDITIONAL BASIS FOR DELAY OF APPOINTMENT BY REASON OF INVESTIGATIONS AND PROCEEDINGS.—Subsection (d)(1) 

of such section is further amended—

(A) by striking ‘‘or’’ at the end of subparagraph (C); 

(B) by striking the period at the end of subparagraph 

(D) and inserting ‘‘; or’’; 

(C) by inserting after subparagraph (D) the following 

new subparagraph: 

‘‘(E) substantiated adverse information about the officer 

that is material to the decision to appoint the officer is under 

review by the Secretary of Defense or the Secretary concerned.’’; 

and 

(D) in the flush matter following subparagraph (E), 

as inserted by subparagraph (C) of this paragraph—

(i) by striking ‘‘or’’ after ‘‘chapter 60 of this title’’; 

and 

(ii) by inserting after ‘‘brought against him,’’ the 

following: ‘‘or if, after a review of substantiated adverse 

information about the officer regarding the requirement for exemplary conduct set forth in section 3583, 

5947, or 8583 of this title, as applicable, the officer 

is determined to be among the officers best qualified 

for promotion,’’. 

(3) ADDITIONAL BASIS FOR DELAY IN APPOINTMENT FOR LACK

OF QUALIFICATIONS.—Subsection (d)(2) of such section is further 

amended—

(A) in the first sentence, by inserting before ‘‘is mentally, physically,’’ the following: ‘‘has not met the requirement for exemplary conduct set forth in section 3583, 5947, 

or 8583 of this title, as applicable, or’’; and 

(B) in the second sentence, by striking ‘‘If the Secretary 

concerned later determines that the officer is qualified 

for promotion to such grade’’ and inserting ‘‘If it is later 

determined by a civilian official of the Department of 

Defense (not below the level of Secretary of a military 

department) that the officer is qualified for promotion to 

such grade and, after a review of adverse information 

regarding the requirement for exemplary conduct set forth 

in section 3583, 5947, or 8583 of this title, as applicable, 

the officer is determined to be among the officers best 

qualified for promotion to such grade’’. 

(b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—

(1) SECRETARY OF DEFENSE REGULATIONS FOR DELAYS OF

APPOINTMENT UPON PROMOTION.—Subsections (a)(1) and (b) of 

section 14311 of such title are amended by striking ‘‘Secretary 

of the military department concerned’’ and inserting ‘‘Secretary 

of Defense’’. 

(2) ADDITIONAL BASIS FOR ORIGINAL DELAY OF APPOINTMENT

BY REASON OF INVESTIGATIONS AND PROCEEDINGS.—Section 

14311(a) of such title is further amended—

(A) in paragraph (1), by adding at the end the following 

new subparagraph: 

‘‘(E) Substantiated adverse information about the officer 

that is material to the decision to appoint the officer is under 
H. R. 5122—101

review by the Secretary of Defense or the Secretary concerned.’’; 

and 

(B) in paragraph (2)—

(i) by striking ‘‘or’’ after ‘‘show cause for retention,’’; 

and 

(ii) by inserting after ‘‘of the charges,’’ the following: ‘‘or if, after a review of substantiated adverse 

information about the officer regarding the requirement for exemplary conduct set forth in section 3583, 

5947, or 8583 of this title, as applicable, the officer 

is determined to be among the officers best qualified 

for promotion,’’. 

(3) ADDITIONAL BASIS FOR DELAY IN APPOINTMENT FOR LACK

OF QUALIFICATIONS.—Section 14311(b) of such section is further 

amended—

(A) in the first sentence, by inserting before ‘‘is mentally, physically,’’ the following: ‘‘has not met the requirement for exemplary conduct set forth in section 3583, 5947, 

or 8583 of this title, as applicable, or’’; and 

(B) in the second sentence, by striking ‘‘If the Secretary 

concerned later determines that the officer is qualified 

for promotion to the higher grade’’ and inserting ‘‘If it 

is later determined by a civilian official of the Department 

of Defense (not below the level of Secretary of a military 

department) that the officer is qualified for promotion to 

the higher grade and, after a review of adverse information 

regarding the requirement for exemplary conduct set forth 

in section 3583, 5947, or 8583 of this title, as applicable, 

the officer is determined to be among the officers best 

qualified for promotion to the higher grade’’. 

(c) DEADLINE FOR UNIFORM REGULATIONS ON DELAY OF PRO- MOTIONS.—

(1) DEADLINE.—The Secretary of Defense shall prescribe 

the regulations required by section 624(d) of title 10, United 

States Code (as amended by subsection (a)(1) of this section), 

and the regulations required by section 14311 of such title 

(as amended by subsection (b)(1) of this section) not later than 

March 1, 2008. 

(2) SAVINGS CLAUSE FOR EXISTING REGULATIONS.—Until the 

Secretary of Defense prescribes regulations pursuant to paragraph (1), regulations prescribed by the Secretaries of the military departments under the sections referred to in paragraph 

(1) shall remain in effect. 

(d) TECHNICAL AMENDMENTS TO CLARIFY DATE OF ESTABLISH- MENT OF PROMOTION LISTS.— (1) PROMOTION LISTS FOR ACTIVE-DUTY LIST OFFICERS.— Section 624(a)(1) of title 10, United States Code, is amended 

by adding at the end the following new sentence: ‘‘A promotion 

list is considered to be established under this section as of 

the date of the approval of the report of the selection board 

under the preceding sentence.’’. 

(2) PROMOTION LISTS FOR RESERVE ACTIVE-STATUS LIST OFFICERS.—Section 14308(a) of title 10, United States Code, is 

amended by adding at the end the following new sentence: 

‘‘A promotion list is considered to be established under this 

section as of the date of the approval of the report of the 

selection board under the preceding sentence.’’. 
H. R. 5122—102

(e) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act and 

shall apply with respect to officers on promotion lists established 

on or after the date of the enactment of this Act. 

SEC. 512. CONSIDERATION OF ADVERSE INFORMATION BY SELECTION 

BOARDS IN RECOMMENDATIONS ON OFFICERS TO BE PROMOTED. 

(a) OFFICERS ON ACTIVE-DUTY LIST.—Section 616(c) of title 

10, United States Code, is amended—

(1) by striking ‘‘and’’ at the end of paragraph (1); 

(2) by striking the period at the end in paragraph (2) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) a majority of the members of the board, after consideration by all members of the board of any adverse information 

about the officer that is provided to the board under section 

615 of this title, finds that the officer is among the officers 

best qualified for promotion to meet the needs of the armed 

force concerned consistent with the requirement of exemplary 

conduct set forth in section 3583, 5947, or 8583 of this title, 

as applicable.’’. 

(b) OFFICERS ON RESERVE-ACTIVE STATUS LIST.—Section 

14108(b) of such title is amended—

(1) in the heading, by striking ‘‘MAJORITY REQUIRED.— ’’ and inserting ‘‘ACTIONS REQUIRED.—’’; 

(2) by striking ‘‘and’’ at the end of paragraph (1); 

(3) by striking the period at the end in paragraph (2) 

and inserting ‘‘; and’’; and 

(4) by adding at the end the following new paragraph: 

‘‘(3) a majority of the members of the board, after consideration by all members of the board of any adverse information 

about the officer that is provided to the board under section 

14107 of this title, finds that the officer is among the officers 

best qualified for promotion to meet the needs of the armed 

force concerned consistent with the requirement of exemplary 

conduct set forth in section 3583, 5947, or 8583 of this title, 

as applicable.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act and 

shall apply with respect to selection boards convened on or after 

that date. 

SEC. 513. EXPANDED AUTHORITY FOR REMOVAL FROM REPORTS OF 

SELECTION BOARDS OF OFFICERS RECOMMENDED FOR 

PROMOTION TO GRADES BELOW GENERAL AND FLAG 

GRADES. 

(a) OFFICERS ON ACTIVE-DUTY LIST.—Section 618(d) of title 

10, United States Code, is amended—

(1) by striking ‘‘The name’’ and inserting ‘‘(1) Except as 

provided in paragraph (2), the name’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) In the case of an officer recommended by a selection board 

for promotion to a grade below brigadier general or rear admiral 

(lower half), the name of the officer may also be removed from 

the report of the selection board by the Secretary of Defense or 

the Deputy Secretary of Defense.’’. 
H. R. 5122—103

(b) OFFICERS ON RESERVE-ACTIVE STATUS LIST.—Section 

14111(b) of such title is amended—

(1) by striking ‘‘The name’’ and inserting ‘‘(1) Except as 

provided in paragraph (2), the name’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) In the case of an officer recommended by a selection board 

for promotion to a grade below brigadier general or rear admiral 

(lower half), the name of the officer may also be removed from 

the report of the selection board by the Secretary of Defense or 

the Deputy Secretary of Defense.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to selection boards convened on or after 

the date of the enactment of this Act. 

SEC. 514. SPECIAL SELECTION BOARD AUTHORITIES. 

(a) OFFICERS ON ACTIVE-DUTY LIST.— (1) BOARDS FOR ADMINISTRATIVE ERROR AVAILABLE ONLY

TO OFFICERS IN OR ABOVE PROMOTION ZONE.—Subsection (a)(1) 

of section 628 of title 10, United States Code, is amended 

by inserting ‘‘from in or above the promotion zone’’ after ‘‘for 

selection for promotion’’. 

(2) ACTIONS TREATABLE AS MATERIAL UNFAIRNESS.—Subsection (b)(1)(A) of such section is amended by inserting ‘‘in 

a matter material to the decision of the board’’ after ‘‘contrary 

to law’’. 

(b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—Section 

14502(b)(1)(A) of such title is amended by inserting ‘‘in a matter 

material to the decision of the board’’ after ‘‘contrary to law’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on March 1, 2007, and shall apply with respect 

to selection boards convened on or after that date. 

SEC. 515. REMOVAL FROM PROMOTION LIST OF OFFICERS NOT PROMOTED WITHIN 18 MONTHS OF APPROVAL OF LIST BY THE 

PRESIDENT. 

(a) OFFICERS ON ACTIVE-DUTY LISTS.— (1) CLARIFICATION OF REMOVAL DUE TO SENATE NOT GIVING

ADVICE AND CONSENT.—Subsection (b) of section 629 of title 

10, United States Code, is amended—

(A) by inserting ‘‘REMOVAL DUE TO SENATE NOT GIVING

ADVICE AND CONSENT.—’’ after ‘‘(b)’’ ; and 

(B) by inserting ‘‘to a grade for which appointment 

is required by section 624(c) of this title to be made by 

and with the advice and consent of the Senate’’ after ‘‘the 

President’’. 

(2) REMOVAL AFTER 18 MONTHS.—Such section is further 

amended—

(A) by redesignating subsection (c) as subsection (d); 

and 

(B) by inserting after subsection (b) the following new 

subsection (c): 

‘‘(c) REMOVAL AFTER 18 MONTHS.—(1) If an officer whose name 

is on a list of officers approved for promotion under section 624(a) 

of this title to a grade for which appointment is required by section 

624(c) of this title to be made by and with the advice and consent 

of the Senate is not appointed to that grade under such section 

during the officer’s promotion eligibility period, the officer’s name 
H. R. 5122—104

shall be removed from the list unless as of the end of such period 

the Senate has given its advice and consent to the appointment. 

‘‘(2) Before the end of the promotion eligibility period with 

respect to an officer under paragraph (1), the President may extend 

that period for purposes of paragraph (1) by an additional 12 

months. 

‘‘(3) In this subsection, the term ‘promotion eligibility period’ 

means, with respect to an officer whose name is on a list of officers 

approved for promotion under section 624(a) of this title to a grade 

for which appointment is required by section 624(c) of this title 

to be made by and with the advice and consent of the Senate, 

the period beginning on the date on which the list is so approved 

and ending on the first day of the eighteenth month following 

the month during which the list is so approved.’’. 

(3) CROSS-REFERENCE AMENDMENT.—Paragraph (1) of subsection (d) of such section, as redesignated by paragraph (2)(A) 

of this subsection, is amended by striking ‘‘or (b)’’ and inserting 

‘‘(b), or (c)’’. 

(4) STYLISTIC AMENDMENTS.—Such section is further 

amended—

(A) in subsection (a), by inserting ‘‘REMOVAL BY PRESI- DENT.—’’ after ‘‘(a)’’; and 

(B) in subsection (d) (as amended by paragraph (3)), 

by inserting ‘‘CONTINUED ELIGIBILITY FOR PROMOTION.— ’’ before ‘‘(1)’’. 

(b) OFFICERS ON RESERVE ACTIVE STATUS LIST.— (1) REMOVAL FOLLOWING RETURN.—Section 14310 of such 

title is amended—

(A) by redesignating subsection (c) as subsection (d); 

and 

(B) by inserting after subsection (b) the following new 

subsection (c): 

‘‘(c) REMOVAL AFTER 18 MONTHS.—(1) If an officer whose name 

is on a list of officers approved for promotion under section 14308(a) 

of this title to a grade for which appointment is required by section 

12203(a) of this title to be made by and with the advice and 

consent of the Senate is not appointed to that grade under such 

section during the officer’s promotion eligibility period, the officer’s 

name shall be removed from the list unless as of the end of such 

period the Senate has given its advice and consent to the appointment. 

‘‘(2) Before the end of the promotion eligibility period with 

respect to an officer under paragraph (1), the President may extend 

that period for purposes of paragraph (1) by an additional 12 

months. 

‘‘(3) In this subsection, the term ‘promotion eligibility period’ 

means, with respect to an officer whose name is on a list of officers 

approved for promotion under section 14308(a) of this title to a 

grade for which appointment is required by section 12203(a) of 

this title to be made by and with the advice and consent of the 

Senate, the period beginning on the date on which the list is 

so approved and ending on the first day of the eighteenth month 

following the month during which the list is so approved.’’. 

(2) CROSS-REFERENCE AMENDMENT.—Paragraph (1) of subsection (d) of such section, as redesignated by paragraph (1)(A) 

of this subsection, is amended by striking ‘‘or (b)’’ and inserting 

‘‘(b), or (c)’’. 
H. R. 5122—105

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to any promotion list approved by the President after 

January 1, 2007. 

PART III—JOINT OFFICER MANAGEMENT 

REQUIREMENTS 

SEC. 516. MODIFICATION AND ENHANCEMENT OF GENERAL AUTHORITIES ON MANAGEMENT OF OFFICERS WHO ARE JOINT 

QUALIFIED. 

(a) REDESIGNATION OF APPLICABILITY OF POLICIES TOWARD

JOINT QUALIFICATION.—Subsection (a) of section 661 of title 10, 

United States Code, is amended by striking the last sentence. 

(b) REVISION TO GENERAL AUTHORITIES.—Subsections (b), (c), 

and (d) of such section are amended to read as follows: 

‘‘(b) LEVELS, DESIGNATION, AND NUMBERS.—(1)(A) The Secretary of Defense shall establish different levels of joint qualification, as well as the criteria for qualification at each level. Such 

levels of joint qualification shall be established by the Secretary 

with the advice of the Chairman of the Joint Chiefs of Staff. 

Each level shall, as a minimum, have both joint education criteria 

and joint experience criteria. The purpose of establishing such qualification levels is to ensure a systematic, progressive, career-long 

development of officers in joint matters and to ensure that officers 

serving as general and flag officers have the requisite experience 

and education to be highly proficient in joint matters. 

‘‘(B) The number of officers who are joint qualified shall be 

determined by the Secretary of Defense, with the advice of the 

Chairman of the Joint Chiefs of Staff. Such number shall be large 

enough to meet the requirements of subsection (d). 

‘‘(2) Certain officers shall be designated as joint qualified by 

the Secretary of Defense with the advice of the Chairman of the 

Joint Chiefs of Staff. 

‘‘(3) An officer may be designated as joint qualified under paragraph (2) only if the officer—

‘‘(A) meets the education and experience criteria of subsection (c); 

‘‘(B) meets such additional criteria as prescribed by the 

Secretary of Defense; and 

‘‘(C) holds the grade of captain or, in the case of the 

Navy, lieutenant or a higher grade. 

‘‘(4) The authority of the Secretary of Defense under paragraph 

(2) to designate officers as joint qualified may be delegated only 

to the Deputy Secretary of Defense or an Under Secretary of 

Defense. 

‘‘(c) EDUCATION AND EXPERIENCE REQUIREMENTS.—(1) An officer 

may not be designated as joint qualified until the officer—

‘‘(A) successfully completes an appropriate program of joint 

professional military education, as described in subsections (b) 

and (c) of section 2155 of this title, at a joint professional 

military education school; and 

‘‘(B) successfully completes—

‘‘(i) a full tour of duty in a joint assignment, as 

described in section 664(f) of this title; or 

‘‘(ii) such other assignments and experiences in a 

manner that demonstrate the officer’s mastery of knowledge, skills, and abilities in joint matters, as determined 
H. R. 5122—106

under such regulations and policy as the Secretary of 

Defense may prescribe. 

‘‘(2) Subject to paragraphs (3) through (6), the Secretary of 

Defense may waive the requirement under paragraph (1)(A) that 

an officer has successfully completed a program of education, as 

described in subsections (b) and (c) of section 2155 of this title. 

‘‘(3) In the case of an officer in a grade below brigadier general 

or rear admiral (lower half), a waiver under paragraph (2) may 

be granted only if—

‘‘(A) the officer has completed two full tours of duty in 

a joint duty assignment, as described in section 664(f) of this 

title, in such a manner as to demonstrate the officer’s mastery 

of knowledge, skills, and abilities on joint matters; and 

‘‘(B) the Secretary of Defense determines that the types 

of joint duty experiences completed by the officer have been 

of sufficient breadth to prepare the officer adequately for service 

as a general or flag officer in a joint duty assignment position. 

‘‘(4) In the case of a general or flag officer, a waiver under 

paragraph (2) may be granted only—

‘‘(A) under unusual circumstances justifying the variation 

from the education requirement under paragraph (1)(A); and 

‘‘(B) under circumstances in which the waiver is necessary 

to meet a critical need of the armed forces, as determined 

by the Chairman of the Joint Chiefs of Staff. 

‘‘(5) In the case of officers in grades below brigadier general 

or rear admiral (lower half), the total number of waivers granted 

under paragraph (2) for officers in the same pay grade during 

a fiscal year may not exceed 10 percent of the total number of 

officers in that pay grade designated as joint qualified during that 

fiscal year. 

‘‘(6) There may not be more than 32 general and flag officers 

on active duty at the same time who, while holding a general 

or flag officer position, were designated joint qualified (or were 

selected for the joint specialty before October 1, 2007) and for 

whom a waiver was granted under paragraph (2). 

‘‘(d) NUMBER OF JOINT DUTY ASSIGNMENTS.—(1) The Secretary 

of Defense shall ensure that approximately one-half of the joint 

duty assignment positions in grades above major or, in the case 

of the Navy, lieutenant commander are filled at any time by officers 

who have the appropriate level of joint qualification. 

‘‘(2) The Secretary of Defense, with the advice of the Chairman 

of the Joint Chiefs of Staff, shall designate an appropriate number 

of joint duty assignment positions as critical joint duty assignment 

positions. A position may be designated as a critical joint duty 

assignment position only if the duties and responsibilities of the 

position make it important that the occupant be particularly trained 

in, and oriented toward, joint matters. 

‘‘(3)(A) Subject to subparagraph (B), a position designated under 

paragraph (2) may be held only by an officer who—

‘‘(i) was designated as joint qualified in accordance with 

this chapter; or 

‘‘(ii) was selected for the joint specialty before October 

1, 2007. 

‘‘(B) The Secretary of Defense may waive the requirement in 

subparagraph (A) with respect to the assignment of an officer 

to a position designated under paragraph (2). Any such waiver 

shall be granted on a case-by-case basis. The authority of the 
H. R. 5122—107

Secretary to grant such a waiver may be delegated only to the 

Chairman of the Joint Chiefs of Staff. 

‘‘(4) The Secretary of Defense shall ensure that, of those joint 

duty assignment positions that are filled by general or flag officers, 

a substantial portion are among those positions that are designated 

under paragraph (2) as critical joint duty assignment positions.’’. 

(c) CAREER GUIDELINES.—Subsection (e) of such section is 

amended by striking ‘‘officers with the joint specialty’’ and inserting 

‘‘officers to achieve joint qualification and for officers who have 

been designated as joint qualified’’. 

(d) TECHNICAL AMENDMENT REGARDING TREATMENT OF CERTAIN

SERVICE.—Subsection (f) of such section is amended by striking 

‘‘section 619(e)(1)’’ and inserting ‘‘section 619a’’. 

(e) CLERICAL AMENDMENTS.— (1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 661. Management policies for officers who are joint qualified’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 38 of such title is amended by striking the 

item relating to section 661 and inserting the following new 

item:

‘‘661. Management policies for officers who are joint qualified.’’.

(f) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2007. 

(g) TREATMENT OF CURRENT JOINT SPECIALTY OFFICERS.—For 

the purposes of chapter 38 of title 10, United States Code, and 

sections 154, 164, and 619a of such title, an officer who, as of 

September 30, 2007, has been selected for or has the joint specialty 

under section 661 of such title, as in effect on that date, shall 

be considered after that date to be an officer designated as joint 

qualified by the Secretary of Defense under section 661(b)(2) of 

such title, as amended by this section. 

(h) IMPLEMENTATION PLAN.— (1) PLAN REQUIRED.—Not later than March 31, 2007, the 

Secretary of Defense shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services 

of the House of Representatives a plan for the implementation 

of the joint officer management system, which will take effect 

on October 1, 2007, as provided in subsection (f), as a result 

of the amendments made by this section and other provisions 

of this Act to provisions of chapter 38 of title 10, United 

States Code. 

(2) ELEMENTS OF PLAN.—In developing the plan required 

by this subsection, the Secretary shall pay particular attention 

to matters related to the transition of officers from the joint 

specialty system in effect before October 1, 2007, to the joint 

officer management system in effect after that date. At a minimum, the plan shall include the following: 

(A) The policies and criteria to be used for designating 

officers as joint qualified on the basis of service performed 

by such officers before that date, had the amendments 

made by this section and other provisions of this Act to 

provisions of chapter 38 of title 10, United States Code, 

taken effect before the date of the enactment of this Act. 
H. R. 5122—108

(B) The policies and criteria prescribed by the Secretary 

of Defense to be used in making determinations under 

section 661(c)(1)(B)(ii) of such title, as amended by this 

section. 

(C) The recommendations of the Secretary for any legislative changes that may be necessary to effectuate the 

joint officer management system. 

SEC. 517. MODIFICATION OF PROMOTION POLICY OBJECTIVES FOR 

JOINT OFFICERS. 

Section 662(a) of title 10, United States Code, is amended—

(1) in paragraph (1), by inserting ‘‘and’’ after the semicolon; 

and 

(2) by striking paragraphs (2) and (3) and inserting the 

following new paragraph (2): 

‘‘(2) officers who are serving in or have served in joint 

duty assignments are expected, as a group, to be promoted 

to the next higher grade at a rate not less than the rate 

for all officers of the same armed force in the same grade 

and competitive category.’’. 

SEC. 518. APPLICABILITY OF JOINT DUTY ASSIGNMENT REQUIREMENTS LIMITED TO GRADUATES OF NATIONAL DEFENSE 

UNIVERSITY SCHOOLS. 

(a) APPLICABILITY.—Section 663 of title 10, United States Code, 

is amended—

(1) in subsection (a), by striking ‘‘a joint professional military education school’’ and inserting ‘‘a school within the 

National Defense University specified in subsection (c)’’; and 

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘a joint professional 

military education school’’ and inserting ‘‘a school within 

the National Defense University specified in subsection 

(c)’’; and 

(B) in paragraph (2), by striking ‘‘a joint professional 

military education school’’ and inserting ‘‘a school referred 

to in paragraph (1)’’. 

(b) COVERED SCHOOLS WITHIN NDU.—Such section is further 

amended by adding at the end the following new subsection: 

‘‘(c) COVERED SCHOOLS WITHIN THE NATIONAL DEFENSE

UNIVERSITY.—For purposes of this section, a school within the 

National Defense University specified in this subsection is one 

of the following: 

‘‘(1) The National War College. 

‘‘(2) The Industrial College of the Armed Forces. 

‘‘(3) The Joint Forces Staff College.’’. 

SEC. 519. MODIFICATION OF CERTAIN DEFINITIONS RELATING TO 

JOINTNESS. 

(a) DEFINITION OF JOINT MATTERS.—Subsection (a) of section 

668 of title 10, United States Code, is amended to read as follows: 

‘‘(a) JOINT MATTERS.—(1) In this chapter, the term ‘joint matters’ means matters related to the achievement of unified action 

by multiple military forces in operations conducted across domains 

such as land, sea, or air, in space, or in the information environment, including matters relating to—

‘‘(A) national military strategy; 

‘‘(B) strategic planning and contingency planning; 
H. R. 5122—109

‘‘(C) command and control of operations under unified command; 

‘‘(D) national security planning with other departments 

and agencies of the United States; and 

‘‘(E) combined operations with military forces of allied 

nations. 

‘‘(2) In the context of joint matters, the term ‘multiple military 

forces’ refers to forces that involve participants from the armed 

forces and one or more of the following: 

‘‘(A) Other departments and agencies of the United States. 

‘‘(B) The military forces or agencies of other countries. 

‘‘(C) Non-governmental persons or entities.’’. 

(b) DEFINITION OF JOINT DUTY ASSIGNMENT.—Paragraph (1) 

of subsection (b) of such section is amended by striking ‘‘That 

definition shall’’ and all that follows and inserting the following: 

‘‘That definition—

‘‘(A) shall be limited to assignments in which the officer 

gains significant experience in joint matters; and 

‘‘(B) shall exclude assignments for joint training and education, except an assignment as an instructor responsible for 

preparing and presenting courses in areas of the curricula 

designated in section 2155(c) of this title as part of a program 

designated by the Secretary of Defense as joint professional 

military education Phase II.’’. 

(c) DEFINITION OF CRITICAL OCCUPATIONAL SPECIALTY.—Such 

section is further amended by adding at the end the following 

new subsection: 

‘‘(d) CRITICAL OCCUPATIONAL SPECIALTY.—(1) In this chapter, 

the term ‘critical occupational specialty’ means a military occupational specialty involving combat operations within the combat 

arms, in the case of the Army, or the equivalent arms, in the 

case of the Navy, Air Force, and Marine Corps, that the Secretary 

of Defense designates as critical. 

‘‘(2) At a minimum, the Secretary of Defense shall designate 

as a critical occupational specialty under paragraph (1) any military 

occupational specialty within a combat arms (or the equivalent) 

that is experiencing a severe shortage of trained officers in that 

specialty, as determined by the Secretary.’’. 

(d) CONFORMING AMENDMENTS.—

(1) INITIAL ASSIGNMENT OF OFFICERS WITH CRITICAL

OCCUPATIONAL SPECIALTIES.—Section 664(c) of such title is 

amended—

(A) in the matter before paragraph (1) by striking 

‘‘section 661(c)(2)’’ and inserting ‘‘section 661(c)(1)(B)’’; 

(B) by striking paragraph (1); 

(C) by redesignating paragraph (2) as paragraph (1) 

and, in such paragraph, by striking ‘‘section 661(c)(2)’’ and 

inserting ‘‘section 668(d)’’; and 

(D) by redesignating paragraph (3) as paragraph (2). 

(2) ANNUAL REPORT ON NUMBER OF OFFICERS WITH CRITICAL

OCCUPATIONAL SPECIALTIES.—Section 667(3) of such title is 

amended by striking ‘‘section 661(c)(2)’’ and inserting ‘‘section 

668(d)’’. 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2007. 
H. R. 5122—110

Subtitle B—Reserve Component Matters 

PART I—RESERVE COMPONENT MANAGEMENT 

SEC. 521. RECOGNITION OF FORMER REPRESENTATIVE G.V. ‘SONNY’ 

MONTGOMERY FOR HIS 30 YEARS OF SERVICE IN THE 

HOUSE OF REPRESENTATIVES. 

(a) FINDINGS.—Congress makes the following findings: 

(1) G.V. ‘‘Sonny’’ Montgomery was elected to the House 

of Representatives in 1967 and served the people of east-central 

Mississippi for 30 years with distinction, dedication, and conviction. 

(2) Sonny Montgomery had a distinguished military career 

both before and during his service in Congress, serving in 

World War II and the Korean War, and retired from the Mississippi National Guard with the rank of Major General. 

(3) As a Member of the House of Representatives, Sonny 

Montgomery served on the Committee on Armed Services and 

served with great distinction as the Chairman of the Committee 

on Veterans’ Affairs for 13 years from 1981 through 1994. 

(4) Representative Montgomery’s colleagues knew him as 

a statesman of the institution and as a tireless advocate for 

policies that would improve the lives of persons who serve 

the United States. 

(5) Representative Montgomery was deeply committed to 

all members of the Armed Forces who served in combat and 

traveled to Korea and Southeast Asia to recover remains and 

help determine the fate of POW/MIAs from the Korean and 

Vietnam Wars. 

(6) Through his years of service on the Committee on 

Armed Services, Representative Montgomery made great contributions to the capabilities of the National Guard and 

Reserves, by improving their training and equipment and by 

better integrating them with the active force. 

(7) Under the revised GI Bill that bears his name and 

was signed into law in 1984, Representative Montgomery 

brought educational benefits to millions of veterans, including 

those members who had served in the National Guard and 

Reserves, and strengthened the all-volunteer force. 

(8) Representative Montgomery had received many honors 

and commendations before his passing on May 12, 2006, 

including most recently and notably the Presidential Medal 

of Freedom, the highest civilian honor accorded by the United 

States. 

(b) RECOGNITION.—Congress recognizes and commends former 

Representative G.V. ‘‘Sonny’’ Montgomery for his 30 years of service 

to benefit the people of Mississippi, members of the Armed Forces 

and their families, veterans, and the United States. 

SEC. 522. REVISIONS TO RESERVE CALL-UP AUTHORITY. 

(a) MAXIMUM NUMBER OF DAYS.—Subsection (a) of section 

12304 of title 10, United States Code, is amended by striking 

‘‘270 days’’ and inserting ‘‘365 days.’’

(b) FAIR TREATMENT.—Such section is further amended—

(1) by redesignating subsection (i) as subsection (j); and 

(2) by inserting after subsection (h) the following new subsection (i): 
H. R. 5122—111

‘‘(i) CONSIDERATIONS FOR INVOLUNTARY ORDER TO ACTIVE

DUTY.—(1) In determining which members of the Selected Reserve 

and Individual Ready Reserve will be ordered to duty without 

their consent under this section, appropriate consideration shall 

be given to—

‘‘(A) the length and nature of previous service, to assure 

such sharing of exposure to hazards as the national security 

and military requirements will reasonably allow; 

‘‘(B) the frequency of assignments during service career; 

‘‘(C) family responsibilities; and 

‘‘(D) employment necessary to maintain the national health, 

safety, or interest. 

‘‘(2) The Secretary of Defense shall prescribe such policies and 

procedures as the Secretary considers necessary to carry out this 

subsection.’’. 

SEC. 523. MILITARY RETIREMENT CREDIT FOR CERTAIN SERVICE BY 

NATIONAL GUARD MEMBERS PERFORMED WHILE IN A 

STATE DUTY STATUS IMMEDIATELY AFTER THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001. 

Subsection (c) of section 514 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3232) 

is amended by adding at the end the following new paragraph: 

‘‘(3) In the State of New Jersey: Bergen, Hudson, Union, 

and Middlesex.’’. 

PART II—AUTHORITIES RELATING TO GUARD 

AND RESERVE DUTY 

SEC. 524. TITLE 10 DEFINITION OF ACTIVE GUARD AND RESERVE DUTY. 

Section 101 of title 10, United States Code, is amended—

(1) by adding at the end of subsection (b) the following 

new paragraph: 

‘‘(16) The term ‘Active Guard and Reserve’ means a member 

of a reserve component who is on active duty pursuant to 

section 12301(d) of this title or, if a member of the Army 

National Guard or Air National Guard, is on full-time National 

Guard duty pursuant to section 502(f) of title 32, and who 

is performing Active Guard and Reserve duty.’’; and 

(2) in paragraph (6)(A) of subsection (d)—

(A) by striking ‘‘or full-time National Guard duty’’ after 

‘‘means active duty’’; and 

(B) by striking ‘‘, pursuant to an order to active duty 

or full-time National Guard duty’’ and inserting ‘‘pursuant 

to an order to full-time National Guard duty,’’. 

SEC. 525. AUTHORITY FOR ACTIVE GUARD AND RESERVE DUTIES TO 

INCLUDE SUPPORT OF OPERATIONAL MISSIONS ASSIGNED 

TO THE RESERVE COMPONENTS AND INSTRUCTION AND 

TRAINING OF ACTIVE-DUTY PERSONNEL. 

(a) AGR DUTY UNDER TITLE 10.—Subsections (a) and (b) of 

section 12310 of title 10, United States Code, are amended to 

read as follows: 

‘‘(a) AUTHORITY.—(1) The Secretary concerned may order a 

member of a reserve component under the Secretary’s jurisdiction 

to active duty pursuant to section 12301(d) of this title to perform 
H. R. 5122—112

Active Guard and Reserve duty organizing, administering, 

recruiting, instructing, or training the reserve components. 

‘‘(2) A Reserve ordered to active duty under paragraph (1) 

shall be ordered in the Reserve’s reserve grade. While so serving, 

the Reserve continues to be eligible for promotion as a Reserve, 

if otherwise qualified. 

‘‘(b) DUTIES.—A Reserve on active duty under subsection (a) 

may perform the following additional duties to the extent that 

the performance of those duties does not interfere with the performance of the Reserve’s primary Active Guard and Reserve duties 

described in subsection (a)(1): 

‘‘(1) Supporting operations or missions assigned in whole 

or in part to the reserve components. 

‘‘(2) Supporting operations or missions performed or to 

be performed by—

‘‘(A) a unit composed of elements from more than one 

component of the same armed force; or 

‘‘(B) a joint forces unit that includes—

‘‘(i) one or more reserve component units; or 

‘‘(ii) a member of a reserve component whose 

reserve component assignment is in a position in an 

element of the joint forces unit. 

‘‘(3) Advising the Secretary of Defense, the Secretaries of 

the military departments, the Joint Chiefs of Staff, and the 

commanders of the combatant commands regarding reserve 

component matters. 

‘‘(4) Instructing or training in the United States or the 

Commonwealth of Puerto Rico or possessions of the United 

States of—

‘‘(A) active-duty members of the armed forces; 

‘‘(B) members of foreign military forces (under the same 

authorities and restrictions applicable to active-duty members providing such instruction or training); 

‘‘(C) Department of Defense contractor personnel; or 

‘‘(D) Department of Defense civilian employees.’’. 

(b) MILITARY TECHNICIANS UNDER TITLE 10.—Section 10216(a) 

of such title is amended—

(1) in paragraph (1)(C), by striking ‘‘administration and’’ 

and inserting ‘‘organizing, administering, instructing, or’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) A military technician (dual status) who is employed under 

section 3101 of title 5 may perform the following additional duties 

to the extent that the performance of those duties does not interfere 

with the performance of the primary duties described in paragraph 

(1): 

‘‘(A) Supporting operations or missions assigned in whole 

or in part to the technician’s unit. 

‘‘(B) Supporting operations or missions performed or to 

be performed by—

‘‘(i) a unit composed of elements from more than one 

component of the technician’s armed force; or 

‘‘(ii) a joint forces unit that includes—

‘‘(I) one or more units of the technician’s component; or 

‘‘(II) a member of the technician’s component 

whose reserve component assignment is in a position 

in an element of the joint forces unit. 
H. R. 5122—113

‘‘(C) Instructing or training in the United States or the 

Commonwealth of Puerto Rico or possessions of the United 

States of—

‘‘(i) active-duty members of the armed forces; 

‘‘(ii) members of foreign military forces (under the same 

authorities and restrictions applicable to active-duty members providing such instruction or training); 

‘‘(iii) Department of Defense contractor personnel; or 

‘‘(iv) Department of Defense civilian employees.’’. 

(c) NATIONAL GUARD TITLE 32 TRAINING DUTY.—Section 502(f) 

of title 32, United States Code, title is amended—

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 

(2) by inserting ‘‘(1)’’ before ‘‘Under regulations’’; and 

(3) by striking the last sentence and inserting the following: 

‘‘(2) The training or duty ordered to be performed under paragraph (1) may include the following: 

‘‘(A) Support of operations or missions undertaken by the 

member’s unit at the request of the President or Secretary 

of Defense. 

‘‘(B) Support of training operations and training missions 

assigned in whole or in part to the National Guard by the 

Secretary concerned, but only to the extent that such training 

missions and training operations—

‘‘(i) are performed in the United States or the Commonwealth of Puerto Rico or possessions of the United States; 

and 

‘‘(ii) are only to instruct active duty military, foreign 

military (under the same authorities and restrictions 

applicable to active duty troops), Department of Defense 

contractor personnel, or Department of Defense civilian 

employees. 

‘‘(3) Duty without pay shall be considered for all purposes 

as if it were duty with pay.’’. 

(d) NATIONAL GUARD TECHNICIANS UNDER TITLE 32.—Section 

709(a) of title 32, United States Code, is amended—

(1) in paragraph (1)—

(A) by striking ‘‘administration and’’ and inserting 

‘‘organizing, administering, instructing, or’’; and 

(B) by striking ‘‘and’’ at the end of such paragraph; 

(2) by striking the period at the end of paragraph (2) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) the performance of the following additional duties to 

the extent that the performance of those duties does not interfere with the performance of the duties described by paragraphs 

(1) and (2): 

‘‘(A) Support of operations or missions undertaken by 

the technician’s unit at the request of the President or 

the Secretary of Defense. 

‘‘(B) Support of Federal training operations or Federal 

training missions assigned in whole or in part to the technician’s unit. 

‘‘(C) Instructing or training in the United States or 

the Commonwealth of Puerto Rico or possessions of the 

United States of—

‘‘(i) active-duty members of the armed forces; 
H. R. 5122—114

‘‘(ii) members of foreign military forces (under the 

same authorities and restrictions applicable to activeduty members providing such instruction or training); 

‘‘(iii) Department of Defense contractor personnel; 

or 

‘‘(iv) Department of Defense civilian employees.’’. 

SEC. 526. GOVERNOR’S AUTHORITY TO ORDER MEMBERS TO ACTIVE 

GUARD AND RESERVE DUTY. 

(a) IN GENERAL.—Chapter 3 of title 32, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 328. Active Guard and Reserve duty: Governor’s authority 

‘‘(a) AUTHORITY.—The Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as 

the case may be, with the consent of the Secretary concerned, 

may order a member of the National Guard to perform Active 

Guard and Reserve duty, as defined by section 101(d)(6) of title 

10, pursuant to section 502(f) of this title. 

‘‘(b) DUTIES.—A member of the National Guard performing 

duty under subsection (a) may perform the additional duties specified in section 502(f)(2) of this title to the extent that the performance of those duties does not interfere with the performance of 

the member’s primary Active Guard and Reserve duties of organizing, administering, recruiting, instructing, and training the 

reserve components.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘328. Active Guard and Reserve duty: Governor’s authority.’’.

SEC. 527. EXPANSION OF OPERATIONS OF CIVIL SUPPORT TEAMS. 

(a) IN GENERAL.—Section 12310(c) of title 10, United States 

Code, is amended—

(1) in paragraph (1)—

(A) by striking ‘‘involving—’’ and inserting ‘‘involving 

any of the following:’’; and 

(B) by striking subparagraphs (A) and (B) and inserting 

the following: 

‘‘(A) The use or threatened use of a weapon of mass destruction (as defined in section 12304(i)(2) of this title) in the United 

States. 

‘‘(B) A terrorist attack or threatened terrorist attack in 

the United States that results, or could result, in catastrophic 

loss of life or property. 

‘‘(C) The intentional or unintentional release of nuclear, 

biological, radiological, or toxic or poisonous chemical materials 

in the United States that results, or could result, in catastrophic 

loss of life or property. 

‘‘(D) A natural or manmade disaster in the United States 

that results in, or could result in, catastrophic loss of life 

or property.’’; 

(2) by amending paragraph (3) to read as follows: 

‘‘(3) A Reserve may perform duty described in paragraph (1) 

only while assigned to a reserve component weapons of mass 

destruction civil support team.’’; and 
H. R. 5122—115

(3) by adding at the end the following new paragraph: 

‘‘(7) In this subsection, the term ‘United States’ includes the 

Commonwealth of Puerto Rico, Guam, and the Virgin Islands.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Such section 

is further amended—

(1) by striking the subsection heading and inserting ‘‘OPER- ATIONS RELATING TO DEFENSE AGAINST WEAPONS OF MASS

DESTRUCTION AND TERRORIST ATTACKS.—’’; 

(2) in paragraph (5), by striking ‘‘rapid assessment element 

team’’ and inserting ‘‘weapons of mass destruction civil support 

team’’; and 

(3) in paragraph (6)—

(A) in the matter preceding subparagraph (A), by 

striking ‘‘paragraph (3)’’ and inserting ‘‘paragraphs (1) and 

(3)’’; and 

(B) in subparagraph (B), by striking ‘‘paragraph (3)(B)’’ 

and inserting ‘‘paragraph (3)’’. 

SEC. 528. MODIFICATION OF AUTHORITIES RELATING TO THE COMMISSION ON THE NATIONAL GUARD AND RESERVES. 

(a) ANNUITIES AND PAY OF MEMBERS ON FEDERAL REEMPLOY- MENT.—Subsection (e) of section 513 of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005 (Public 

Law 108–375; 118 Stat. 1882), as amended by section 516 of the 

National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3237), is further amended by adding at 

the end the following new paragraph: 

‘‘(3) If warranted by circumstances described in subparagraph 

(A) or (B) of section 8344(i)(1) of title 5, United States Code, or 

by circumstances described in subparagraph (A) or (B) of section 

8468(f)(1) of such title, as applicable, the chairman of the Commission may exercise, with respect to the members of the Commission, 

the same waiver authority as would be available to the Director 

of the Office of Personnel Management under such section.’’. 

(b) FINAL REPORT.—Subsection (f)(2) of such section 513 (118 

Stat. 1882) is amended by striking ‘‘Not later than one year after 

the first meeting of the Commission’’ and inserting ‘‘Not later than 

January 31, 2008’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as of October 28, 2004, as if included in the 

enactment of the Ronald W. Reagan National Defense Authorization 

Act for Fiscal Year 2005. The amendment made by subsection 

(a) shall apply to members of the Commission on the National 

Guard and Reserves appointed on or after that date. 

SEC. 529. ADDITIONAL MATTERS TO BE REVIEWED BY COMMISSION 

ON THE NATIONAL GUARD AND RESERVES. 

(a) ADDITIONAL MATTERS TO BE REVIEWED BY COMMISSION.— The Commission on the National Guard and Reserves shall include 

among the matters it studies (in addition to the matters specified 

in subsection (c) of the commission charter) each of the following: 

(1) NATIONAL GUARD BUREAU ENHANCEMENT PROPOSALS.—

The advisability and feasibility of implementing the provisions 

of S. 2658 and H.R. 5200 of the 109th Congress, as introduced 

in the Senate and the House of Representatives, respectively, 

on April 26, 2006. 

(2) CHIEF OF NATIONAL GUARD BUREAU.—As an alternative 

to implementation of the provisions of the bills specified in 
H. R. 5122—116

paragraph (1) that provide for the Chief of the National Guard 

Bureau to be a member of the Joint Chiefs of Staff and to 

hold the grade of general, the advisability and feasibility of 

providing for the Chief of the National Guard Bureau to hold 

the grade of general in the performance of the current duties 

of that office. 

(3) NATIONAL GUARD OFFICERS AUTHORITY TO COMMAND.—

The advisability and feasibility of implementing the provisions 

of section 544 of H.R. 5122 of the 109th Congress, as passed 

by the House of Representatives on May 11, 2006. 

(4) NATIONAL GUARD EQUIPMENT AND FUNDING REQUIREMENTS.—The adequacy of the Department of Defense processes 

for defining the equipment and funding necessary for the 

National Guard to conduct both its responsibilities under title 

10, United States Code, and its responsibilities under title 

32, United States Code, including homeland defense and related 

homeland missions, including as part of such study—

(A) consideration of the extent to which those processes 

should be developed taking into consideration the views 

of the Chief of the National Guard Bureau, as well as 

the views of the 54 Adjutant Generals and the views of 

the Chiefs of the Army National Guard and the Air Guard; 

and 

(B) whether there should be an improved means by 

which National Guard equipment requirements are validated by the Joint Chiefs of Staff and are considered for 

funding by the Secretaries of the Army and Air Force. 

(b) PRIORITY REVIEW AND REPORT.— (1) PRIORITY REVIEW.—The Commission on the National 

Guard and Reserves shall carry out its study of the matters 

specified in paragraphs (1), (2), and (3) of subsection (a) on 

a priority basis, with a higher priority for matters under those 

paragraphs relating to the grade and functions of the Chief 

of the National Guard Bureau. 

(2) REPORT.—In addition to the reports required under 

subsection (f) of the commission charter, the Commission shall 

submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives an interim report, not later than March 1, 2007, 

specifically on the matters covered by paragraph (1). In such 

report, the Commission shall set forth its findings and any 

recommendations it considers appropriate with respect to those 

matters. 

(c) COMMISSION CHARTER DEFINED.—For purposes of this section, the term ‘‘commission charter’’ means section 513 of the Ronald 

W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375; 118 Stat. 1880). 

Subtitle C—Education and Training 

PART I—SERVICE ACADEMIES 

SEC. 531. EXPANSION OF SERVICE ACADEMY EXCHANGE PROGRAMS 

WITH FOREIGN MILITARY ACADEMIES. 

(a) UNITED STATES MILITARY ACADEMY.—
H. R. 5122—117

(1) NUMBER OF PARTICIPANTS IN EXCHANGE PROGRAM.—

Subsection (b) of section 4345 of title 10, United States Code, 

is amended by striking ‘‘24’’ and inserting ‘‘100’’. 

(2) COSTS AND EXPENSES.—Subsection (c) of such section 

is amended—

(A) by striking ‘‘for the Academy’’ in paragraph (3) 

and all that follows in that paragraph and inserting ‘‘for 

the Academy and such additional funds as may be available 

to the Academy from a source other than appropriated 

funds to support cultural immersion, regional awareness, 

or foreign language training activities in connection with 

the exchange program.’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(4) Expenditures in support of the exchange program from 

funds appropriated for the Academy may not exceed $1,000,000 

during any fiscal year.’’. 

(b) UNITED STATES NAVAL ACADEMY.—

(1) NUMBER OF PARTICIPANTS IN EXCHANGE PROGRAM.—

Subsection (b) of section 6957a of title 10, United States Code, 

is amended by striking ‘‘24’’ and inserting ‘‘100’’. 

(2) COSTS AND EXPENSES.—Subsection (c) of such section 

is amended—

(A) by striking ‘‘for the Academy’’ in paragraph (3) 

and all that follows in that paragraph and inserting ‘‘for 

the Academy and such additional funds as may be available 

to the Academy from a source other than appropriated 

funds to support cultural immersion, regional awareness, 

or foreign language training activities in connection with 

the exchange program.’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(4) Expenditures in support of the exchange program from 

funds appropriated for the Naval Academy may not exceed 

$1,000,000 during any fiscal year.’’. 

(c) UNITED STATES AIR FORCE ACADEMY.—

(1) NUMBER OF PARTICIPANTS IN EXCHANGE PROGRAM.—

Subsection (b) of section 9345 of title 10, United States Code, 

is amended by striking ‘‘24’’ and inserting ‘‘100’’. 

(2) COSTS AND EXPENSES.—Subsection (c) of such section 

is amended—

(A) by striking ‘‘for the Academy’’ in paragraph (3) 

and all that follows in that paragraph and inserting ‘‘for 

the Academy and such additional funds as may be available 

to the Academy from a source other than appropriated 

funds to support cultural immersion, regional awareness, 

or foreign language training activities in connection with 

the exchange program.’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(4) Expenditures in support of the exchange program from 

funds appropriated for the Academy may not exceed $1,000,000 

during any fiscal year.’’. 

(d) EFFECTIVE DATES.—The amendments made by subsection 

(a) shall take effect on the date of the enactment of this Act. 

The amendments made by subsections (b) and (c) shall take effect 

on October 1, 2008. 
H. R. 5122—118

SEC. 532. REVISION AND CLARIFICATION OF REQUIREMENTS WITH 

RESPECT TO SURVEYS AND REPORTS CONCERNING 

SEXUAL HARASSMENT AND SEXUAL VIOLENCE AT THE 

SERVICE ACADEMIES. 

(a) CODIFICATION AND REVISION TO EXISTING REQUIREMENT FOR

SERVICE ACADEMY POLICY ON SEXUAL HARASSMENT AND SEXUAL

VIOLENCE.—

(1) UNITED STATES MILITARY ACADEMY.—Chapter 403 of 

title 10, United States Code, is amended by adding at the 

end the following new section: 

‘‘§ 4361. Policy on sexual harassment and sexual violence 

‘‘(a) REQUIRED POLICY.—Under guidance prescribed by the Secretary of Defense, the Secretary of the Army shall direct the Superintendent of the Academy to prescribe a policy on sexual harassment 

and sexual violence applicable to the cadets and other personnel 

of the Academy. 

‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual 

harassment and sexual violence prescribed under this section shall 

include specification of the following: 

‘‘(1) Programs to promote awareness of the incidence of 

rape, acquaintance rape, and other sexual offenses of a criminal 

nature that involve cadets or other Academy personnel. 

‘‘(2) Procedures that a cadet should follow in the case 

of an occurrence of sexual harassment or sexual violence, 

including—

‘‘(A) if the cadet chooses to report an occurrence of 

sexual harassment or sexual violence, a specification of 

the person or persons to whom the alleged offense should 

be reported and the options for confidential reporting; 

‘‘(B) a specification of any other person whom the 

victim should contact; and 

‘‘(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault. 

‘‘(3) Procedures for disciplinary action in cases of alleged 

criminal sexual assault involving a cadet or other Academy 

personnel. 

‘‘(4) Any other sanction authorized to be imposed in a 

substantiated case of sexual harassment or sexual violence 

involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible 

or nonforcible. 

‘‘(5) Required training on the policy for all cadets and 

other Academy personnel, including the specific training 

required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel. 

‘‘(c) ANNUAL ASSESSMENT.—(1) The Secretary of Defense, 

through the Secretary of the Army, shall direct the Superintendent 

to conduct at the Academy during each Academy program year 

an assessment, to be administered by the Department of Defense, 

to determine the effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and sexual 

violence involving Academy personnel. 

‘‘(2) For the assessment at the Academy under paragraph (1) 

with respect to an Academy program year that begins in an oddnumbered calendar year, the Secretary of the Army shall conduct 
H. R. 5122—119

a survey, to be administered by the Department of Defense, of 

Academy personnel—

‘‘(A) to measure—

‘‘(i) the incidence, during that program year, of sexual 

harassment and sexual violence events, on or off the 

Academy reservation, that have been reported to officials 

of the Academy; and 

‘‘(ii) the incidence, during that program year, of sexual 

harassment and sexual violence events, on or off the 

Academy reservation, that have not been reported to officials of the Academy; and 

‘‘(B) to assess the perceptions of Academy personnel of—

‘‘(i) the policies, training, and procedures on sexual 

harassment and sexual violence involving Academy personnel; 

‘‘(ii) the enforcement of such policies; 

‘‘(iii) the incidence of sexual harassment and sexual 

violence involving Academy personnel; and 

‘‘(iv) any other issues relating to sexual harassment 

and sexual violence involving Academy personnel. 

‘‘(d) ANNUAL REPORT.—(1) The Secretary of the Army shall 

direct the Superintendent of the Academy to submit to the Secretary 

a report on sexual harassment and sexual violence involving cadets 

or other personnel at the Academy for each Academy program 

year. 

‘‘(2) Each report under paragraph (1) shall include, for the 

Academy program year covered by the report, the following: 

‘‘(A) The number of sexual assaults, rapes, and other sexual 

offenses involving cadets or other Academy personnel that have 

been reported to Academy officials during the program year 

and, of those reported cases, the number that have been 

substantiated. 

‘‘(B) The policies, procedures, and processes implemented 

by the Secretary of the Army and the leadership of the Academy 

in response to sexual harassment and sexual violence involving 

cadets or other Academy personnel during the program year. 

‘‘(C) A plan for the actions that are to be taken in the 

following Academy program year regarding prevention of and 

response to sexual harassment and sexual violence involving 

cadets or other Academy personnel. 

‘‘(3) Each report under paragraph (1) for an Academy program 

year that begins in an odd-numbered calendar year shall include 

the results of the survey conducted in that program year under 

subsection (c)(2). 

‘‘(4)(A) The Secretary of the Army shall transmit to the Secretary of Defense, and to the Board of Visitors of the Academy, 

each report received by the Secretary under this subsection, together 

with the Secretary’s comments on the report. 

‘‘(B) The Secretary of Defense shall transmit each such report, 

together with the Secretary’s comments on the report, to the Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives.’’. 

(2) UNITED STATES NAVAL ACADEMY.—Chapter 603 of title 

10, United States Code, is amended by adding at the end 

the following new section: 
H. R. 5122—120

‘‘§ 6980. Policy on sexual harassment and sexual violence 

‘‘(a) REQUIRED POLICY.—Under guidance prescribed by the Secretary of Defense, the Secretary of the Navy shall direct the Superintendent of the Naval Academy to prescribe a policy on sexual 

harassment and sexual violence applicable to the midshipmen and 

other personnel of the Naval Academy. 

‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual 

harassment and sexual violence prescribed under this section shall 

include specification of the following: 

‘‘(1) Programs to promote awareness of the incidence of 

rape, acquaintance rape, and other sexual offenses of a criminal 

nature that involve midshipmen or other Academy personnel. 

‘‘(2) Procedures that a midshipman should follow in the 

case of an occurrence of sexual harassment or sexual violence, 

including—

‘‘(A) if the midshipman chooses to report an occurrence 

of sexual harassment or sexual violence, a specification 

of the person or persons to whom the alleged offense should 

be reported and the options for confidential reporting; 

‘‘(B) a specification of any other person whom the 

victim should contact; and 

‘‘(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault. 

‘‘(3) Procedures for disciplinary action in cases of alleged 

criminal sexual assault involving a midshipman or other 

Academy personnel. 

‘‘(4) Any other sanction authorized to be imposed in a 

substantiated case of sexual harassment or sexual violence 

involving a midshipman or other Academy personnel in rape, 

acquaintance rape, or any other criminal sexual offense, 

whether forcible or nonforcible. 

‘‘(5) Required training on the policy for all midshipmen 

and other Academy personnel, including the specific training 

required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel. 

‘‘(c) ANNUAL ASSESSMENT.—(1) The Secretary of Defense, 

through the Secretary of the Navy, shall direct the Superintendent 

to conduct at the Academy during each Academy program year 

an assessment, to be administered by the Department of Defense, 

to determine the effectiveness of the policies, training, and procedures of the Academy with respect to sexual harassment and sexual 

violence involving Academy personnel. 

‘‘(2) For the assessment at the Academy under paragraph (1) 

with respect to an Academy program year that begins in an oddnumbered calendar year, the Secretary of the Navy shall conduct 

a survey, to be administered by the Department of Defense, of 

Academy personnel—

‘‘(A) to measure—

‘‘(i) the incidence, during that program year, of sexual 

harassment and sexual violence events, on or off the 

Academy reservation, that have been reported to officials 

of the Academy; and 

‘‘(ii) the incidence, during that program year, of sexual 

harassment and sexual violence events, on or off the 

Academy reservation, that have not been reported to officials of the Academy; and 

‘‘(B) to assess the perceptions of Academy personnel of—
H. R. 5122—121

‘‘(i) the policies, training, and procedures on sexual 

harassment and sexual violence involving Academy personnel; 

‘‘(ii) the enforcement of such policies; 

‘‘(iii) the incidence of sexual harassment and sexual 

violence involving Academy personnel; and 

‘‘(iv) any other issues relating to sexual harassment 

and sexual violence involving Academy personnel. 

‘‘(d) ANNUAL REPORT.—(1) The Secretary of the Navy shall 

direct the Superintendent of the Naval Academy to submit to the 

Secretary a report on sexual harassment and sexual violence 

involving midshipmen or other personnel at the Academy for each 

Academy program year. 

‘‘(2) Each report under paragraph (1) shall include, for the 

Academy program year covered by the report, the following: 

‘‘(A) The number of sexual assaults, rapes, and other sexual 

offenses involving midshipmen or other Academy personnel 

that have been reported to Naval Academy officials during 

the program year and, of those reported cases, the number 

that have been substantiated. 

‘‘(B) The policies, procedures, and processes implemented 

by the Secretary of the Navy and the leadership of the Naval 

Academy in response to sexual harassment and sexual violence 

involving midshipmen or other Academy personnel during the 

program year. 

‘‘(C) A plan for the actions that are to be taken in the 

following Academy program year regarding prevention of and 

response to sexual harassment and sexual violence involving 

midshipmen or other Academy personnel. 

‘‘(3) Each report under paragraph (1) for an Academy program 

year that begins in an odd-numbered calendar year shall include 

the results of the survey conducted in that program year under 

subsection (c)(2). 

‘‘(4)(A) The Secretary of the Navy shall transmit to the Secretary of Defense, and to the Board of Visitors of the Naval 

Academy, each report received by the Secretary under this subsection, together with the Secretary’s comments on the report. 

‘‘(B) The Secretary of Defense shall transmit each such report, 

together with the Secretary’s comments on the report, to the Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives.’’. 

(3) UNITED STATES AIR FORCE ACADEMY.—Chapter 903 of 

title 10, United States Code, is amended by adding at the 

end the following new section: 

‘‘§ 9361. Policy on sexual harassment and sexual violence 

‘‘(a) REQUIRED POLICY.—Under guidance prescribed by the Secretary of Defense, the Secretary of the Air Force shall direct the 

Superintendent of the Academy to prescribe a policy on sexual 

harassment and sexual violence applicable to the cadets and other 

personnel of the Academy. 

‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual 

harassment and sexual violence prescribed under this section shall 

include specification of the following: 

‘‘(1) Programs to promote awareness of the incidence of 

rape, acquaintance rape, and other sexual offenses of a criminal 

nature that involve cadets or other Academy personnel. 
H. R. 5122—122

‘‘(2) Procedures that a cadet should follow in the case 

of an occurrence of sexual harassment or sexual violence, 

including—

‘‘(A) if the cadet chooses to report an occurrence of 

sexual harassment or sexual violence, a specification of 

the person or persons to whom the alleged offense should 

be reported and the options for confidential reporting; 

‘‘(B) a specification of any other person whom the 

victim should contact; and 

‘‘(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault. 

‘‘(3) Procedures for disciplinary action in cases of alleged 

criminal sexual assault involving a cadet or other Academy 

personnel. 

‘‘(4) Any other sanction authorized to be imposed in a 

substantiated case of sexual harassment or sexual violence 

involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible 

or nonforcible. 

‘‘(5) Required training on the policy for all cadets and 

other Academy personnel, including the specific training 

required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel. 

‘‘(c) ANNUAL ASSESSMENT.—(1) The Secretary of Defense, 

through the Secretary of the Air Force, shall direct the Superintendent to conduct at the Academy during each Academy program 

year an assessment, to be administered by the Department of 

Defense, to determine the effectiveness of the policies, training, 

and procedures of the Academy with respect to sexual harassment 

and sexual violence involving Academy personnel. 

‘‘(2) For the assessment at the Academy under paragraph (1) 

with respect to an Academy program year that begins in an oddnumbered calendar year, the Secretary of the Air Force shall conduct a survey, to be administered by the Department of Defense, 

of Academy personnel—

‘‘(A) to measure—

‘‘(i) the incidence, during that program year, of sexual 

harassment and sexual violence events, on or off the 

Academy reservation, that have been reported to officials 

of the Academy; and 

‘‘(ii) the incidence, during that program year, of sexual 

harassment and sexual violence events, on or off the 

Academy reservation, that have not been reported to officials of the Academy; and 

‘‘(B) to assess the perceptions of Academy personnel of—

‘‘(i) the policies, training, and procedures on sexual 

harassment and sexual violence involving Academy personnel; 

‘‘(ii) the enforcement of such policies; 

‘‘(iii) the incidence of sexual harassment and sexual 

violence involving Academy personnel; and 

‘‘(iv) any other issues relating to sexual harassment 

and sexual violence involving Academy personnel. 

‘‘(d) ANNUAL REPORT.—(1) The Secretary of the Air Force shall 

direct the Superintendent of the Academy to submit to the Secretary 

a report on sexual harassment and sexual violence involving cadets 
H. R. 5122—123

or other personnel at the Academy for each Academy program 

year. 

‘‘(2) Each report under paragraph (1) shall include, for the 

Academy program year covered by the report, the following: 

‘‘(A) The number of sexual assaults, rapes, and other sexual 

offenses involving cadets or other Academy personnel that have 

been reported to Academy officials during the program year 

and, of those reported cases, the number that have been 

substantiated. 

‘‘(B) The policies, procedures, and processes implemented 

by the Secretary of the Air Force and the leadership of the 

Academy in response to sexual harassment and sexual violence 

involving cadets or other Academy personnel during the program year. 

‘‘(C) A plan for the actions that are to be taken in the 

following Academy program year regarding prevention of and 

response to sexual harassment and sexual violence involving 

cadets or other Academy personnel. 

‘‘(3) Each report under paragraph (1) for an Academy program 

year that begins in an odd-numbered calendar year shall include 

the results of the survey conducted in that program year under 

subsection (c)(2). 

‘‘(4)(A) The Secretary of the Air Force shall transmit to the 

Secretary of Defense, and to the Board of Visitors of the Academy, 

each report received by the Secretary under this subsection, together 

with the Secretary’s comments on the report. 

‘‘(B) The Secretary of Defense shall transmit each such report, 

together with the Secretary’s comments on the report, to the Committee on Armed Services of the Senate and the Committee on 

Armed Services of the House of Representatives.’’. 

(b) FURTHER INFORMATION FROM CADETS AND MIDSHIPMEN AT

THE SERVICE ACADEMIES ON SEXUAL ASSAULT AND SEXUAL HARASSMENT ISSUES.—

(1) USE OF FOCUS GROUPS FOR YEARS WHEN SURVEY NOT

REQUIRED.—In any year in which the Secretary of a military 

department is not required by law to conduct a survey at 

the service academy under the Secretary’s jurisdiction on matters relating to sexual assault and sexual harassment issues 

at that Academy, the Secretary shall provide for focus groups 

to be conducted at that Academy for the purposes of 

ascertaining information relating to sexual assault and sexual 

harassment issues at that Academy. 

(2) INCLUSION IN REPORT.—Information ascertained from 

a focus group conducted pursuant to paragraph (1) shall be 

included in the Secretary’s annual report to Congress on sexual 

harassment and sexual violence at the service academies. 

(3) SERVICE ACADEMIES.—For purposes of this subsection, 

the term ‘‘service academy’’ means the following: 

(A) The United States Military Academy. 

(B) The United States Naval Academy. 

(C) The United States Air Force Academy. 

(c) REPEAL OF PRIOR LAW.—Section 527 of the National Defense 

Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 

Stat. 1469; 10 U.S.C. 4331 note) is repealed. 

(d) CLERICAL AMENDMENTS.—
H. R. 5122—124

(1) The table of sections at the beginning of chapter 403 

of title 10, United States Code, is amended by adding at the 

end the following new item:

‘‘4361. Policy on sexual harassment and sexual violence.’’.

(2) The table of sections at the beginning of chapter 603 

of such title is amended by adding at the end the following 

new item:

‘‘6980. Policy on sexual harassment and sexual violence.’’.

(3) The table of sections at the beginning of chapter 903 

of such title is amended by adding at the end the following 

new item:

‘‘9361. Policy on sexual harassment and sexual violence.’’.

SEC. 533. DEPARTMENT OF DEFENSE POLICY ON SERVICE ACADEMY 

AND ROTC GRADUATES SEEKING TO PARTICIPATE IN 

PROFESSIONAL SPORTS BEFORE COMPLETION OF THEIR 

ACTIVE-DUTY SERVICE OBLIGATIONS. 

(a) POLICY REQUIRED.— (1) IN GENERAL.—Not later than July 1, 2007, the Secretary 

of Defense shall prescribe the policy of the Department of 

Defense on—

(A) whether to authorize graduates of the service academies and the Reserve Officers’ Training Corps to participate in professional sports before the completion of their 

obligations for service on active duty as commissioned officers; and 

(B) if so, the obligations for service on active duty 

as commissioned officers of such graduates who participate 

in professional sports before the satisfaction of the obligations referred to in subparagraph (A). 

(2) REVIEW OF CURRENT POLICIES.—In prescribing the 

policy, the Secretary shall review current policies, practices, 

and regulations of the military departments on the obligations 

for service on active duty as commissioned officers of graduates 

of the service academies and the Reserve Officers’ Training 

Corps, including policies on authorized leaves of absence and 

policies under excess leave programs. 

(3) CONSIDERATIONS.—In prescribing the policy, the Secretary shall take into account the following: 

(A) The compatibility of participation in professional 

sports (including training for professional sports) with 

service on active duty in the Armed Forces or as a member 

of a reserve component of the Armed Forces. 

(B) The benefits for the Armed Forces of waiving 

obligations for service on active duty for cadets, midshipmen, and commissioned officers in order to permit such 

individuals to participate in professional sports. 

(C) The manner in which the military departments 

have resolved issues relating to the participation of personnel in professional sports, including the extent of and 

any reasons for, differences in the resolution of such issues 

by such departments. 

(D) The recoupment of the costs of education provided 

by the service academies or under the Reserve Officers’ 
H. R. 5122—125

Training Corps program if graduates of the service academies or the Reserve Officers’ Training Corps, as the case 

may be, do not complete the period of obligated service 

to which they have agreed by reason of participation in 

professional sports. 

(E) Any other matters that the Secretary considers 

appropriate. 

(b) ELEMENTS OF POLICY.—The policy prescribed under subsection (a) shall address the following matters: 

(1) The eligibility of graduates of the service academies 

and the Reserve Officers’ Training Corps for a reduction in 

the obligated length of service on active duty as a commissioned 

officer otherwise required of such graduates on the basis of 

their participation in professional sports. 

(2) Criteria for the treatment of an individual as a participant or potential participant in professional sports. 

(3) The effect on obligations for service on active duty 

as a commissioned officer of any unsatisfied obligations under 

prior enlistment contracts or other forms of advanced education 

assistance. 

(4) Any authorized variations in the policy that are warranted by the distinctive requirements of a particular Armed 

Force. 

(5) The eligibility of individuals for medical discharge or 

disability benefits as a result of injuries incurred while participating in professional sports. 

(6) A prospective effective date for the policy and for the 

application of the policy to individuals serving on such effective 

date as a commissioned officer, cadet, or midshipman. 

(c) APPLICATION OF POLICY TO ARMED FORCES.—Not later than 

December 1, 2007, the Secretary of each military department shall 

prescribe regulations, or modify current regulations, in order to 

implement the policy prescribed by the Secretary of Defense under 

subsection (a) with respect to the Armed Forces under the jurisdiction of such Secretary. 

PART II—SCHOLARSHIP AND FINANCIAL 

ASSISTANCE PROGRAMS 

SEC. 535. AUTHORITY TO PERMIT MEMBERS WHO PARTICIPATE IN 

THE GUARANTEED RESERVE FORCES DUTY SCHOLARSHIP 

PROGRAM TO PARTICIPATE IN THE HEALTH PROFESSIONS 

SCHOLARSHIP PROGRAM AND SERVE ON ACTIVE DUTY. 

Paragraph (3) of section 2107a(b) of title 10, United States 

Code, is amended—

(1) by inserting ‘‘or a cadet or former cadet under this 

section who signs an agreement under section 2122 of this 

title,’’ after ‘‘military junior college,’’; and 

(2) by inserting ‘‘, or former cadet,’’ after ‘‘consent of the 

cadet’’ and after ‘‘submitted by the cadet’’. 

SEC. 536. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT MEDICAL SCHOOLS. 

(a) IN GENERAL.—Chapter 101 of title 10, United States Code, 

is amended by inserting after section 2004 the following new section: 
H. R. 5122—126

‘‘§ 2004a. Detail of commissioned officers as students at medical schools 

‘‘(a) DETAIL AUTHORIZED.—The Secretary of each military 

department may detail commissioned officers of the armed forces 

as students at accredited medical schools or schools of osteopathy 

located in the United States for a period of training leading to 

the degree of doctor of medicine. No more than 25 officers from 

each military department may commence such training in any 

single fiscal year. 

‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for detail under 

subsection (a), an officer must be a citizen of the United States 

and must—

‘‘(1) have served on active duty for a period of not less 

than two years nor more than six years and be in the pay 

grade 0–3 or below as of the time the training is to begin; 

and 

‘‘(2) sign an agreement that unless sooner separated the 

officer will—

‘‘(A) complete the educational course of medical 

training; 

‘‘(B) accept transfer or detail as a medical officer within 

the military department concerned when the officer’s 

training is completed; and 

‘‘(C) agree to serve, following completion of the officer’s 

training, on active duty (or on active duty and in the 

Selected Reserve) for a period as specified pursuant to 

subsection (c). 

‘‘(c) SERVICE OBLIGATION.—An agreement under subsection (c) 

shall provide that the officer shall serve on active duty for two 

years for each year or part thereof of the officer’s medical training 

under subsection (a), except that the agreement may authorize 

the officer to serve a portion of the officer’s service obligation 

on active duty and to complete the service obligation that remains 

upon separation from active duty in the Selected Reserve, in which 

case the officer shall serve three years in the Selected Reserve 

for each year or part thereof of the officer’s medical training under 

subsection (a) for any service obligation that was not completed 

before separation from active duty. 

‘‘(d) SELECTION OF OFFICERS FOR DETAIL.—Officers detailed 

for medical training under subsection (a) shall be selected on a 

competitive basis by the Secretary of the military department concerned. 

‘‘(e) RELATION OF SERVICE OBLIGATIONS TO OTHER SERVICE

OBLIGATIONS.—Any service obligation incurred by an officer under 

an agreement entered into under subsection (b) shall be in addition 

to any service obligation incurred by the officer under any other 

provision of law or agreement. 

‘‘(f) EXPENSES.—Expenses incident to the detail of officers under 

this section shall be paid from any funds appropriated for the 

military department concerned. 

‘‘(g) FAILURE TO COMPLETE PROGRAM.—(1) An officer who is 

dropped from a program of medical training to which detailed 

under subsection (a) for deficiency in conduct or studies, or for 

other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed on the officer under regulations issued by the Secretary 

of Defense for purposes of this section. 
H. R. 5122—127

‘‘(2) In no case shall an officer be required to serve on active 

duty under paragraph (1) for any period in excess of one year 

for each year or part thereof the officer participated in the program. 

‘‘(h) LIMITATION ON DETAILS.—No agreement detailing an officer 

of the armed forces to an accredited medical school or school of 

osteopathy may be entered into during any period in which the 

President is authorized by law to induct persons into the armed 

forces involuntarily. Nothing in this subsection shall affect any 

agreement entered into during any period when the President is 

not authorized by law to so induct persons into the armed forces’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2004 the following new item:

‘‘2004a. Detail of commissioned officers as students at medical schools.’’.

SEC. 537. INCREASE IN MAXIMUM AMOUNT OF REPAYMENT UNDER 

EDUCATION LOAN REPAYMENT FOR OFFICERS IN SPECIFIED HEALTH PROFESSIONS. 

(a) INCREASE IN MAXIMUM AMOUNT.—Section 2173(e)(2) of title 

10, United States Code, is amended by striking ‘‘$22,000’’ and 

inserting ‘‘$60,000’’. 

(b) EFFECTIVE DATE.—

(1) IN GENERAL.—The amendment made by subsection (a) 

shall take effect on October 1, 2006, and shall apply to agreements entered into or revised under section 2173 of title 10, 

United States Code, on or after that date. 

(2) PROHIBITION ON ADJUSTMENT.—The adjustment 

required by the second sentence of section 2173(e)(2) of title 

10, United States Code, to be made on October 1, 2006, shall 

not be made. 

SEC. 538. HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL 

ASSISTANCE PROGRAM FOR ACTIVE SERVICE. 

(a) MAXIMUM STIPEND AMOUNT.—Section 2121(d) of title 10, 

United States Code, is amended—

(1) by striking ‘‘at the rate of $579 per month’’ and inserting 

‘‘at a monthly rate established by the Secretary of Defense, 

but not to exceed a total of $30,000 per year’’; and 

(2) by striking ‘‘That rate’’ and inserting ‘‘The maximum 

annual amount of the stipend’’. 

(b) MAXIMUM ANNUAL GRANT.—Section 2127(e) of such title 

is amended—

(1) by striking ‘‘$15,000’’ and inserting ‘‘in an amount not to exceed $45,000’’; and 

(2) by striking ‘‘The amount’’ and inserting ‘‘The maximum 

amount’’. 

(c) REPORT ON PROGRAM.—Not later than March 1, 2007, the 

Secretary of Defense shall submit to the Congress a report on 

the Health Professions Scholarship and Financial Assistance Program for Active Service under subchapter I of chapter 105 of title 

10, United States Code. The report shall include the following: 

(1) An assessment of the success of each military department in achieving its recruiting goals under the program during 

each of fiscal years 2000 through 2006. 

(2) If any military department failed to achieve its 

recruiting goals under the program during any fiscal year covered by paragraph (1), an explanation of the failure of the 
H. R. 5122—128

military department to achieve such goal during such fiscal 

year. 

(3) An assessment of the adequacy of the stipend authorized 

by section 2121(d) of title 10, United States Code, in meeting 

the objectives of the program. 

(4) Such recommendations for legislative or administrative 

action as the Secretary considers appropriate to enhance the 

effectiveness of the program in meeting the annual recruiting 

goals of the military departments for medical personnel covered 

by the program. 

(d) EFFECTIVE DATE.—

(1) IN GENERAL.—The amendments made by this section 

shall take effect on October 1, 2006. 

(2) PROHIBITION ON ADJUSTMENTS.—The adjustments 

required by the second sentence of subsection (d) of section 

2121 of title 10, United States Code, and the second sentence 

of subsection (e) of section 2127 of such title to be made in 

2007 shall not be made. 

PART III—JUNIOR ROTC PROGRAM 

SEC. 539. JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUCTOR 

QUALIFICATIONS. 

(a) IN GENERAL.—Chapter 102 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 2033. Instructor qualifications 

‘‘(a) IN GENERAL.—In order for a retired officer or noncommissioned officer to be employed as an instructor in the program, 

the officer must be certified by the Secretary of the military department concerned as a qualified instructor in leadership, wellness 

and fitness, civics, and other courses related to the content of 

the program, according to the qualifications set forth in subsection 

(b)(2) or (c)(2), as appropriate. 

‘‘(b) SENIOR MILITARY INSTRUCTORS.— ‘‘(1) ROLE.—Senior military instructors shall be retired officers of the armed forces and shall serve as instructional leaders 

who oversee the program. 

‘‘(2) QUALIFICATIONS.—A senior military instructor shall 

have the following qualifications: 

‘‘(A) Professional military qualification, as determined 

by the Secretary of the military department concerned. 

‘‘(B) Award of a baccalaureate degree from an institution of higher learning. 

‘‘(C) Completion of secondary education teaching certification requirements for the program as established by the 

Secretary of the military department concerned. 

‘‘(D) Award of an advanced certification by the Secretary of the military department concerned in core content 

areas based on—

‘‘(i) accumulated points for professional activities, 

services to the profession, awards, and recognitions; 

‘‘(ii) professional development to meet content 

knowledge and instructional skills; and 

‘‘(iii) performance evaluation of competencies and 

standards within the program through site visits and 

inspections. 
H. R. 5122—129

‘‘(c) NON-SENIOR MILITARY INSTRUCTORS.— ‘‘(1) ROLE.—Non-senior military instructors shall be retired 

noncommissioned officers of the armed forces and shall serve 

as instructional leaders and teach independently of, but share 

program responsibilities with, senior military instructors. 

‘‘(2) QUALIFICATIONS.—A non-senior military instructor 

shall demonstrate a depth of experience, proficiency, and expertise in coaching, mentoring, and practical arts in executing 

the program, and shall have the following qualifications: 

‘‘(A) Professional military qualification, as determined 

by the Secretary of the military department concerned. 

‘‘(B) Award of an associates degree from an institution 

of higher learning within five years of employment. 

‘‘(C) Completion of secondary education teaching certification requirements for the program as established by the 

Secretary of the military department concerned. 

‘‘(D) Award of an advanced certification by the Secretary of the military department concerned in core content 

areas based on—

‘‘(i) accumulated points for professional activities, 

services to the profession, awards, and recognitions; 

‘‘(ii) professional development to meet content 

knowledge and instructional skills; and 

‘‘(iii) performance evaluation of competencies and 

standards within the program through site visits and 

inspections.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘2033. Instructor qualifications.’’.

SEC. 540. EXPANSION OF MEMBERS ELIGIBLE TO BE EMPLOYED TO 

PROVIDE JUNIOR RESERVE OFFICERS’ TRAINING CORPS 

INSTRUCTION. 

(a) ELIGIBILITY OF ‘‘GRAY-AREA’’ GUARD AND RESERVE MEMBERS.—Section 2031 of title 10, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(e) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1) and 

authorizing the employment of retired officers and noncommissioned 

officers who are in receipt of retired pay and members of the 

Fleet Reserve and Fleet Marine Corps Reserve under subsection 

(d), the Secretary of the military department concerned may 

authorize qualified institutions to employ as administrators and 

instructors in the program officers and noncommissioned officers 

who are under 60 years of age and who, but for age, would be 

eligible for retired pay for non-regular service under section 12731 

of this title and whose qualifications are approved by the Secretary 

and the institution concerned and who request such employment, 

subject to the following: 

‘‘(1) The Secretary concerned shall pay to the institution 

an amount equal to one-half of the amount paid to the member 

by the institution for any period, up to a maximum of onehalf of the difference between—

‘‘(A) the retired or retainer pay for an active duty 

officer or noncommissioned officer of the same grade and 

years of service for such period; and 
H. R. 5122—130

‘‘(B) the active duty pay and allowances which the 

member would have received for that period if on active 

duty. 

‘‘(2) Notwithstanding the limitation in paragraph (1), the 

Secretary concerned may pay to the institution more than onehalf of the amount paid to the member by the institution 

if (as determined by the Secretary)—

‘‘(A) the institution is in an educationally and economically deprived area; and 

‘‘(B) the Secretary determines that such action is in 

the national interest. 

‘‘(3) Payments by the Secretary concerned under this subsection shall be made from funds appropriated for that purpose. 

‘‘(4) Amounts may be paid under this subsection with 

respect to a member after the member reaches the age of 

60. 

‘‘(5) Notwithstanding any other provision of law, a member 

employed by a qualified institution pursuant to an authorization 

under this subsection is not, while so employed, considered 

to be on active duty or inactive duty training for any purpose.’’. 

(b) CLARIFICATION OF STATUS OF RETIRED MEMBERS PROVIDING

INSTRUCTION.—Subsection (d) of such section is amended in the 

matter preceding paragraph (1) by inserting ‘‘who are in receipt 

of retired pay’’ after ‘‘retired officers and noncommissioned officers’’. 

SEC. 541. EXPANSION OF JUNIOR RESERVE OFFICERS’ TRAINING 

CORPS PROGRAM. 

(a) IN GENERAL.—The Secretaries of the military departments 

shall take appropriate actions to increase the number of secondary 

educational institutions at which a unit of the Junior Reserve 

Officers’ Training Corps is organized under chapter 102 of title 

10, United States Code. 

(b) EXPANSION TARGETS.—In increasing under subsection (a) 

the number of secondary educational institutions at which a unit 

of the Junior Reserve Officers’ Training Corps is organized, the 

Secretaries of the military departments shall seek to organize units 

at an additional number of institutions as follows: 

(1) In the case of Army units, 15 institutions. 

(2) In the case of Navy units, 10 institutions. 

(3) In the case of Marine Corps units, 15 institutions. 

(4) In the case of Air Force units, 10 institutions. 

SEC. 542. REVIEW OF LEGAL STATUS OF JUNIOR ROTC PROGRAM. 

(a) REVIEW.—The Secretary of Defense shall conduct a review 

of the 1976 legal opinion issued by the General Counsel of the 

Department of Defense regarding instruction of non-host unit students participating in Junior Reserve Officers’ Training Corps programs. The review shall consider whether changes to law after 

the issuance of that opinion allow in certain circumstances for 

the arrangement for assignment of instructors that provides for 

the travel of an instructor from one educational institution to 

another once during the regular school day for the purposes of 

the Junior Reserve Officers’ Training Corps program as an authorized arrangement that enhances administrative efficiency in the 

management of the program. If the Secretary, as a result of the 
H. R. 5122—131

review, determines that such authority is not available, the Secretary should also consider whether such authority should be available and whether there should be authority to waive the restrictions 

under certain circumstances. 

(b) REPORT.—The Secretary shall submit to the Committee 

on Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives a report containing the 

results of the review not later than 180 days after the date of 

the enactment of this Act. 

(c) INTERIM AUTHORITY.—A current institution that has more 

than 70 students and is providing support to another educational 

institutional with more than 70 students and has been providing 

for the assignment of instructors from one school to the other 

may continue to provide such support until 180 days following 

receipt of the report under subsection (b). 

PART IV—OTHER EDUCATION AND TRAINING 

PROGRAMS 

SEC. 543. EXPANDED ELIGIBILITY FOR ENLISTED MEMBERS FOR 

INSTRUCTION AT NAVAL POSTGRADUATE SCHOOL. 

(a) CERTIFICATE PROGRAMS AND COURSES.—Subparagraph (C) 

of subsection (a)(2) of section 7045 of title 10, United States Code, 

is amended by striking ‘‘Navy or Marine Corps’’ and inserting 

‘‘armed forces’’. 

(b) GRADUATE-LEVEL INSTRUCTION.—Such subsection is further 

amended—

(1) by redesignating subparagraph (D) as subparagraph 

(E); and 

(2) by inserting after subparagraph (C) the following new 

subparagraph (D): 

‘‘(D)(i) The Secretary may permit an eligible enlisted member 

of the armed forces to receive graduate-level instruction at the 

Naval Postgraduate School in a program leading to a master’s 

degree in a technical, analytical, or engineering curriculum. 

‘‘(ii) To be eligible to be provided instruction under this subparagraph, the enlisted member must have been awarded a baccalaureate degree by an institution of higher education. 

‘‘(iii) Instruction under this subparagraph may be provided 

only on a space-available basis. 

‘‘(iv) An enlisted member who successfully completes a course 

of instruction under this subparagraph may be awarded a master’s 

degree under section 7048 of this title. 

‘‘(v) Instruction under this subparagraph shall be provided 

pursuant to regulations prescribed by the Secretary. Such regulations may include criteria for eligibility of enlisted members for 

instruction under this subparagraph and specification of obligations 

for further service in the armed forces relating to receipt of such 

instruction.’’. 

(c) CONFORMING AMENDMENTS.—Such section is further 

amended—

(1) in subparagraph (E) of subsection (a)(2), as redesignated 

by subsection (b)(1), by striking ‘‘and (C)’’ and inserting ‘‘(C), 

and (D)’’; and 

(2) in subsection (b)(2), by striking ‘‘(a)(2)(D)’’ and inserting 

‘‘(a)(2)(E)’’. 
H. R. 5122—132

(d) DEADLINE FOR SUBMISSION OF PREVIOUSLY REQUIRED

REPORT.—The report required by subsection (c) of section 526 of 

the National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3246), relating to the rationale and plans 

of the Navy to provide enlisted members an opportunity to obtain 

graduate degrees, shall be submitted, in accordance with that subsection, not later than March 30, 2007. 

(e) REPEAL OF REQUIREMENT FOR REPORT ON PILOT PROGRAM.—

(1) REPEAL.—Subsection (d) of section 526 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 

109–163; 119 Stat. 3246) is repealed. 

(2) CONFORMING AMENDMENT.—Subsection (c)(2) of such 

section is amended by striking ‘‘, particularly in the career 

fields under consideration for the pilot program referred to 

in subsection (d)’’. 

(f) REPORT ON USE OF NPS AND AFIT.—Not later than March 

30, 2007, the Secretary of the Navy and the Secretary of the 

Air Force shall submit to the Committee on Armed Services of 

the Senate and the Committee on Armed Services of the House 

of Representatives a joint report on the manner by which each 

Secretary intends to use the Naval Postgraduate School and the 

Air Force Institute of Technology during fiscal years 2008 through 

2013 to meet the overall requirements of the Navy and Marine 

Corps and of the Air Force for enlisted members with graduate 

degrees. The report shall include the following: 

(1) The numbers and occupational specialities of enlisted 

members that each Secretary plans to enroll as candidates 

for graduate degrees each year in each of the two schools. 

(2) A description of the graduate degrees that those enlisted 

members will pursue at those schools. 

(3) Other matters that the two Secretaries jointly consider 

to be useful for the committees to better understand the future 

role that the two schools will each have in meeting service 

requirements for enlisted members with graduate degrees. 

Subtitle D—General Service Authorities 

SEC. 546. TEST OF UTILITY OF TEST PREPARATION GUIDES AND EDUCATION PROGRAMS IN ENHANCING RECRUIT CANDIDATE 

PERFORMANCE ON THE ARMED SERVICES VOCATIONAL 

APTITUDE BATTERY (ASVAB) AND ARMED FORCES QUALIFICATION TEST (AFQT). 

(a) REQUIREMENT FOR TEST.—The Secretary of Defense shall 

conduct a test of the utility of commercially available test preparation guides and education programs designed to assist recruit candidates achieve scores on military recruit qualification testing that 

better reflect the full potential of those recruit candidates in terms 

of aptitude and mental category. The test shall be conducted 

through the Secretaries of the Army, Navy, and Air Force. 

(b) ASSESSMENT OF COMMERCIALLY AVAILABLE GUIDES AND PROGRAMS.—The test shall assess commercially available test preparation guides and education programs designed to enhance test 

performance. The test preparation guides assessed shall test both 

written formats and self-paced computer-assisted programs. Education programs assessed may test both self-study textbook and 

computer-assisted courses and instructor-led courses. 
H. R. 5122—133

(c) OBJECTIVES.—The objectives of the test are to determine 

the following: 

(1) The degree to which test preparation assistance 

degrades test reliability and accuracy. 

(2) The degree to which test preparation assistance allows 

more accurate testing of skill aptitudes and mental capability. 

(3) The degree to which test preparation assistance allows 

individuals to achieve higher scores without sacrificing reliability and accuracy. 

(4) What role is recommended for test preparation assistance in military recruiting. 

(d) CONTROL GROUP.—As part of the test, the Secretary shall 

identify a population of recruit candidates who will not receive 

test preparation assistance and will serve as a control group for 

the test. Data from recruit candidates participating in the test 

and data from recruit candidates in the control group shall be 

compared in terms of both (1) test performance, and (2) subsequent 

duty performance in training and unit settings following entry 

on active duty. 

(e) NUMBER OF PARTICIPANTS.—The Secretary shall provide 

test preparation assistance to a minimum of 2,000 recruit candidates and shall identify an equal number to be established as 

the control group population. 

(f) DURATION OF TEST.—The Secretary shall begin the test 

not later than nine months after the date of the enactment of 

this Act. The test shall identify participants over a one-year period 

from the start of the test and shall assess duty performance for 

each participant for 18 months following entry on active duty. 

The last participant shall be identified, but other participants may 

not be identified. 

(g) REPORT ON FINDINGS.—Not later than six months after 

completion of the duty performance assessment of the last identified 

participant in the test, the Secretary of Defense shall submit to 

the Committee on Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives a report providing the findings of the Secretary with respect to each of the 

objectives specified in subsection (c) and the Secretary’s recommendations. 

SEC. 547. CLARIFICATION OF NONDISCLOSURE REQUIREMENTS 

APPLICABLE TO CERTAIN SELECTION BOARD PROCEEDINGS. 

(a) ACTIVE-DUTY SELECTION BOARD PROCEEDINGS.— (1) EXTENSION TO ALL ACTIVE-DUTY BOARDS.—Chapter 36 

of title 10, United States Code, is amended by inserting after 

section 613 the following new section: 

‘‘§ 613a. Nondisclosure of board proceedings 

‘‘(a) NONDISCLOSURE.—The proceedings of a selection board convened under section 611 this title may not be disclosed to any 

person not a member of the board. 

‘‘(b) PROHIBITED USES OF BOARD DISCUSSIONS, DELIBERATIONS, 

AND RECORDS.—The discussions and deliberations of a selection 

board described in subsection (a) and any written or documentary 

record of such discussions and deliberations—

‘‘(1) are immune from legal process; 

‘‘(2) may not be admitted as evidence; and 
H. R. 5122—134

‘‘(3) may not be used for any purpose in any action, suit, 

or judicial or administrative proceeding without the consent 

of the Secretary of the military department concerned.’’. 

(2) CONFORMING AMENDMENT.—Section 618 of such title 

is amended by striking subsection (f). 

(b) RESERVE SELECTION BOARD PROCEEDINGS.—Section 14104 

of such title is amended to read as follows: 

‘‘§ 14104. Nondisclosure of board proceedings 

‘‘(a) NONDISCLOSURE.—The proceedings of a selection board convened under section 14101 of this title may not be disclosed to 

any person not a member of the board. 

‘‘(b) PROHIBITED USES OF BOARD DISCUSSIONS, DELIBERATIONS, AND RECORDS.—The discussions and deliberations of a selection 

board described in subsection (a) and any written or documentary 

record of such discussions and deliberations—

‘‘(1) are immune from legal process; 

‘‘(2) may not be admitted as evidence; and 

‘‘(3) may not be used for any purpose in any action, suit, 

or judicial or administrative proceeding without the consent 

of the Secretary of the military department concerned.’’. 

(c) APPLICABILITY.—Section 613a of title 10, United States Code, 

as added by subsection (a), shall apply with respect to the proceedings of all selection boards convened under section 611 of that 

title, including selection boards convened before the date of the 

enactment of this Act. Section 14104 of such title, as amended 

by subsection (b), shall apply with respect to the proceedings of 

all selection boards convened under section 14101 of that title, 

including selection boards convened before the date of the enactment 

of this Act. 

(d) CLERICAL AMENDMENTS.—

(1) The table of sections at the beginning of subchapter 

I of chapter 36 of title 10, United States Code, is amended 

by inserting after the item relating to section 613 the following 

new item:

‘‘613a. Nondisclosure of board proceedings.’’.

(2) The item relating to section 14104 in the table of 

sections at the beginning of chapter 1403 of such title is 

amended to read as follows:

‘‘14104. Nondisclosure of board proceedings.’’.

SEC. 548. REPORT ON EXTENT OF PROVISION OF TIMELY NOTICE OF 

LONG-TERM DEPLOYMENTS. 

Not later than March 1, 2007, the Secretary of Defense shall 

submit to the Committee on Armed Services of the Senate and 

the Committee on Armed Services of the House of Representatives 

a report on the number of members of the Armed Forces (shown 

by service and within each service by reserve component and active 

component) who, during the period beginning on January 1, 2005, 

and ending on the date of the enactment of this Act, have not 

received at least 30 days notice (in the form of an official order) 

before a deployment that will last 180 days or more. With respect 

to members of the reserve components, the report shall describe 

the degree of compliance (or noncompliance) with Department of 

Defense policy concerning the amount of notice to be provided 

before long-term mobilizations or deployments. 
H. R. 5122—135

Subtitle E—Military Justice Matters 

SEC. 551. APPLICABILITY OF UNIFORM CODE OF MILITARY JUSTICE 

TO MEMBERS OF THE ARMED FORCES ORDERED TO DUTY 

OVERSEAS IN INACTIVE DUTY FOR TRAINING STATUS. 

Not later than March 1, 2007, the Secretaries of the military 

departments shall prescribe regulations, or amend current regulations, in order to provide that members of the Armed Forces who 

are ordered to duty at locations overseas in an inactive duty for 

training status are subject to the jurisdiction of the Uniform Code 

of Military Justice, pursuant to the provisions of section 802(a)(3) 

of title 10, United States Code (article 2(a)(3) of the Uniform Code 

of Military Justice), continuously from the commencement of execution of such orders to the conclusion of such orders. 

SEC. 552. CLARIFICATION OF APPLICATION OF UNIFORM CODE OF 

MILITARY JUSTICE DURING A TIME OF WAR. 

Paragraph (10) of section 802(a) of title 10, United States 

Code (article 2(a) of the Uniform Code of Military Justice), is 

amended by striking ‘‘war’’ and inserting ‘‘declared war or a contingency operation’’. 

Subtitle F—Decorations and Awards 

SEC. 555. AUTHORITY FOR PRESENTATION OF MEDAL OF HONOR FLAG 

TO LIVING MEDAL OF HONOR RECIPIENTS AND TO LIVING 

PRIMARY NEXT-OF-KIN OF DECEASED MEDAL OF HONOR 

RECIPIENTS. 

(a) FUTURE PRESENTATIONS.—Sections 3755, 6257, and 8755 

of title 10, United States Code, and section 505 of title 14, United 

States Code, are each amended—

(1) by striking ‘‘after October 23, 2002’’; and 

(2) by adding at the end the following new sentence: ‘‘In 

the case of a posthumous presentation of the medal, the flag 

shall be presented to the person to whom the medal is presented.’’. 

(b) PRESENTATION OF FLAG FOR PRIOR RECIPIENTS OF MEDAL

OF HONOR.—

(1) LIVING RECIPIENTS.—The President shall provide for 

the presentation of the Medal of Honor Flag as expeditiously 

as possible after the date of the enactment of this Act to 

each living recipient of the Medal of Honor who has not already 

received a Medal of Honor Flag. 

(2) SURVIVORS OF DECEASED RECIPIENTS.—In the case of 

presentation of the Medal of Honor Flag for a recipient of 

the Medal of Honor who was awarded the Medal of Honor 

before the date of the enactment of this Act and who is deceased 

as of such date (or who dies after such date and before the 

presentation required by paragraph (1)), the President shall 

provide for posthumous presentation of the Medal of Honor 

Flag, upon written application therefor, to the primary living 

next of kin, as determined under regulations or procedures 

prescribed by the Secretary of Defense for the purposes of 

this paragraph (and notwithstanding the amendments made 

by paragraph (2) of subsection (a)). 
H. R. 5122—136

(3) MEDAL OF HONOR FLAG.—In this subsection, the term 

‘‘Medal of Honor Flag’’ means the flag designated under section 

903 of title 36, United States Code. 

SEC. 556. REVIEW OF ELIGIBILITY OF PRISONERS OF WAR FOR AWARD 

OF THE PURPLE HEART. 

(a) REPORT.—Not later than March 1, 2007, the President shall 

transmit to the Committees on Armed Services of the Senate and 

House of Representatives a report on the advisability of modifying 

the criteria for the award of the Purple Heart to authorize the 

award of the Purple Heart—

(1) to a member of the Armed Forces who dies in captivity 

as a prisoner of war under unknown circumstances or as a 

result of conditions and treatment that, under criteria for eligibility for the Purple Heart as in effect on the date of the 

enactment of this Act, do not qualify the decedent for award 

of the Purple Heart; and 

(2) to an individual who while a member of the Armed 

Forces survives captivity as a prisoner of war, but who dies 

thereafter as a result of disease or disability, or a result of 

disease and condition and treatment, incurred during such 

captivity. 

(b) DETERMINATION.—As part of the review undertaken in order 

to prepare the report required by subsection (a), the President 

shall make a determination on the advisability of expanding eligibility for the award of the Purple Heart to deceased servicemembers 

held as a prisoner of war after December 7, 1941, who meet the 

criteria for eligibility for the prisoner-of-war medal under section 

1128 of title 10, United States Code (including the criterion under 

subsection (e) of that section with respect to honorable conduct), 

but who do not meet the criteria for eligibility for the Purple 

Heart. 

(c) REQUIREMENTS.—In making the determination required by 

subsection (b), the President shall take into consideration the following: 

(1) The brutal treatment endured by thousands of prisoners 

of war incarcerated by enemy forces. 

(2) The circumstance that many servicemembers held as 

prisoners of war died during captivity due to causes that do 

not meet the criteria for eligibility for award of the Purple 

Heart, including starvation, abuse, the deliberate withholding 

of medical treatment for injury or disease, or other causes. 

(3) The circumstance that some members of the Armed 

Forces died in captivity under circumstances establishing eligibility for the prisoner-of-war medal but under circumstances 

not otherwise establishing eligibility for the Purple Heart. 

(4) The circumstance that some members and former members of the Armed Forces who were held as prisoners of war 

and following captivity were issued the prisoner-of-war medal 

subsequently died due to a disease or disability that was 

incurred during that captivity, without otherwise having been 

awarded the Purple Heart due to the injury or conditions 

resulting in that disease or disability or otherwise having been 

awarded the Purple Heart for injury incurring during captivity. 

(5) The views of veterans service organizations, including 

the Military Order of the Purple Heart. 
H. R. 5122—137

(6) The importance that has been assigned to determining 

all available facts before a decision is made to award the 

Purple Heart. 

(7) The views of the Secretary of Defense and the Chairman 

of the Joint Chiefs of Staff. 

SEC. 557. REPORT ON DEPARTMENT OF DEFENSE PROCESS FOR 

AWARDING DECORATIONS. 

(a) REVIEW.—The Secretary of Defense shall conduct a review 

of the policy, procedures, and processes of the military departments 

for awarding decorations to members of the Armed Forces. 

(b) TIME PERIODS.—As part of the review under subsection 

(a), the Secretary shall compare the time frames of the awards 

process between active duty and reserve components—

(1) from the time a recommendation for the award of a 

decoration is submitted until the time the award of the decoration is approved; and 

(2) from the time the award of a decoration is approved 

until the time when the decoration is presented to the recipient. 

(c) RESERVE COMPONENTS.—If the Secretary, in conducting the 

review under subsection (a), finds that the timeliness of the awards 

process for members of the reserve components is not the same 

as, or similar to, that for members of the active components, the 

Secretary shall take appropriate steps to address the discrepancy. 

(d) REPORT.—Not later than August 1, 2007, the Secretary 

shall submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives a report containing the Secretary’s findings as a result of 

the review under subsection (a), together with a plan for implementing whatever changes are determined to be appropriate to 

the process for awarding decorations in order to ensure that decorations are awarded in a timely manner, to the extent practicable. 

Subtitle G—Matters Relating to Casualties 

SEC. 561. AUTHORITY FOR RETENTION AFTER SEPARATION FROM 

SERVICE OF ASSISTIVE TECHNOLOGY AND DEVICES PROVIDED WHILE ON ACTIVE DUTY. 

(a) IN GENERAL.—Chapter 58 of title 10, United States Code, 

is amended by inserting after section 1150 the following new section: 

‘‘§ 1151. Retention of assistive technology and services provided before separation 

‘‘(a) AUTHORITY.—A member of the armed forces who is provided 

an assistive technology or assistive technology device for a severe 

or debilitating illness or injury incurred or aggravated by such 

member while on active duty may, under regulations prescribed 

by the Secretary of Defense, be authorized to retain such assistive 

technology or assistive technology device upon the separation of 

the member from active service. 

‘‘(b) DEFINITIONS.—In this section, the terms ‘assistive technology’ and ‘assistive technology device’ have the meaning given 

those terms in section 3 of the Assistive Technology Act of 1998 

(29 U.S.C. 3002).’’. 
H. R. 5122—138

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1150 the following new item:

‘‘1151. Retention of assistive technology and services provided before separation.’’.

SEC. 562. TRANSPORTATION OF REMAINS OF CASUALTIES DYING IN 

A THEATER OF COMBAT OPERATIONS. 

(a) REQUIRED TRANSPORTATION.—In the case of a member of 

the Armed Forces who dies in a combat theater of operations 

and whose remains are returned to the United States through 

the mortuary facility at Dover Air Force Base, Delaware, the Secretary concerned, under regulations prescribed by the Secretary 

of Defense, shall provide transportation of the remains of that 

member from Dover Air Force Base to the applicable escorted 

remains destination in accordance with section 1482(a)(8) of title 

10, United States Code, and this section. 

(b) ESCORTED REMAINS DESTINATION.—In this section, the term 

‘‘escorted remains destination’’ means the place to which remains 

are authorized to be transported under section 1482(a)(8) of title 

10, United States Code. 

(c) AIR TRANSPORTATION FROM DOVER AFB.—

(1) MILITARY TRANSPORTATION.—If transportation of 

remains under subsection (a) includes transportation by air, 

such transportation (except as provided under paragraph (2)) 

shall be made by military aircraft or military-contracted aircraft. 

(2) ALTERNATIVE TRANSPORTATION BY AIRCRAFT.—The provisions of paragraph (1) shall not be applicable to the transportation of remains by air to the extent that the person designated 

to direct disposition of the remains directs otherwise. 

(3) PRIMARY MISSION.—When remains are transported by 

military aircraft or military-contracted aircraft under this section, the primary mission of the aircraft providing that 

transportation shall be the transportation of such remains. 

However, more than one set of remains may be transported 

on the same flight. 

(d) ESCORT.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

Secretary concerned shall ensure that remains transported 

under this section are continuously escorted from Dover Air 

Force Base to the applicable escorted remains destination by 

a member of the Armed Forces in an appropriate grade, as 

determined by the Secretary. 

(2) OTHER ESCORT.—If a specific military escort is requested 

by the person designated to direct disposition of such remains 

and the Secretary approves that request, then the Secretary 

is not required to provide an additional military escort under 

paragraph (1). 

(e) HONOR GUARD DETAIL.—

(1) PROVISION OF DETAIL.—Except in a case in which the 

person designated to direct disposition of remains requests 

that no military honor guard be present, the Secretary concerned shall ensure that an honor guard detail is provided 

in each case of the transportation of remains under this section. 

The honor guard detail shall be in addition to the escort provided for the transportation of remains under section (d). 
H. R. 5122—139

(2) COMPOSITION.—An honor guard detail provided under 

this section shall consist of sufficient members of the Armed 

Forces to perform the duties specified in paragraph (3). The 

members of the honor guard detail shall be in uniform. 

(3) DUTIES.—Except to the extent that the person designated to direct disposition of remains requests that any of 

the following functions not be performed, an honor guard detail 

under this section—

(A) shall—

(i) travel with the remains during transportation; 

or 

(ii) meet the remains at the place to which 

transportation by air (or by rail or motor vehicle, if 

applicable) is made for the transfer of the remains; 

(B) shall provide appropriate honors at the arrival 

of the remains referred to in subparagraph (A)(ii) (unless 

airline or other security requirements do not permit such 

honors to be provided); and 

(C) shall participate in the transfer of the remains 

from an aircraft, when airport and airline security requirements permit, by carrying out the remains with a flag 

draped over the casket to a hearse or other form of ground 

transportation for travel to a funeral home or other place 

designated by the person designated to direct disposition 

of such remains. 

(f) SECRETARY CONCERNED DEFINED.—In this section, the term 

‘‘Secretary concerned’’ has the meaning given that term in section 

101(a)(9) of title 10, United States Code. 

(g) EFFECTIVE DATE.—This section shall take effect at such 

time as may be prescribed by the Secretary of Defense, but not 

later than January 1, 2007. 

SEC. 563. ANNUAL BUDGET DISPLAY OF FUNDS FOR POW/MIA ACTIVITIES OF DEPARTMENT OF DEFENSE. 

(a) CONSOLIDATED BUDGET JUSTIFICATION.—Chapter 9 of title 

10, United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 234. POW/MIA activities: display of budget information 

‘‘(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION DOCU- MENTS.—The Secretary of Defense shall submit to Congress, as 

a part of the defense budget materials for a fiscal year, a consolidated budget justification display, in classified and unclassified 

form, that covers all programs and activities of Department of 

Defense POW/MIA accounting and recovery organizations. 

‘‘(b) REQUIREMENTS FOR BUDGET DISPLAY.—The budget display 

under subsection (a) for a fiscal year shall include for each such 

organization the following: 

‘‘(1) A statement of what percentage of the requirements 

originally requested by the organization in the budget review 

process that the budget requests funds for. 

‘‘(2) A summary of actual or estimated expenditures by 

that organization for the fiscal year during which the budget 

is submitted and for the fiscal year preceding that year. 

‘‘(3) The amount in the budget for that organization. 

‘‘(4) A detailed explanation of the shortfalls, if any, in 

the funding of any requirement shown pursuant to paragraph 
H. R. 5122—140

(1), when compared to the amount shown pursuant to paragraph (3). 

‘‘(5) The budget estimate for that organization for the five 

fiscal years after the fiscal year for which the budget is submitted. 

‘‘(c) DEPARTMENT OF DEFENSE POW/MIA ACCOUNTING AND

RECOVERY ORGANIZATIONS.—In this section, the term ‘Department 

of Defense POW/MIA accounting and recovery organization’ means 

any of the following (and any successor organization): 

‘‘(1) The Defense Prisoner of War/Missing Personnel Office 

(DPMO). 

‘‘(2) The Joint POW/MIA Accounting Command (JPAC). 

‘‘(3) The Armed Forces DNA Identification Laboratory 

(AFDIL). 

‘‘(4) The Life Sciences Equipment Laboratory (LSEL) of 

the Air Force. 

‘‘(5) Any other element of the Department of Defense the 

mission of which (as designated by the Secretary of Defense) 

involves the accounting for and recovery of members of the 

armed forces who are missing in action or prisoners of war 

or who are unaccounted for. 

‘‘(d) OTHER DEFINITIONS.—In this section: 

‘‘(1) The term ‘defense budget materials’, with respect to 

a fiscal year, means the materials submitted to Congress by 

the Secretary of Defense in support of the budget for that 

fiscal year. 

‘‘(2) The term ‘budget’, with respect to a fiscal year, means 

the budget for that fiscal year that is submitted to Congress 

by the President under section 1105(a) of title 31.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘234. POW/MIA activities: display of budget information.’’.

SEC. 564. MILITARY SEVERELY INJURED CENTER. 

(a) CENTER REQUIRED.—In support of the comprehensive policy 

on the provision of assistance to severely wounded or injured 

servicemembers required by section 563 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3269; 10 U.S.C. 113 note), the Secretary of Defense shall 

establish within the Department of Defense a center to augment 

and support the programs and activities of the military departments 

for the provision of such assistance, including the programs of 

the military departments referred to in subsection (c). 

(b) DESIGNATION.—The center established under subsection (a) 

shall be known as the ‘‘Military Severely Injured Center’’ (in this 

section referred to as the ‘‘Center’’). 

(c) PROGRAMS OF THE MILITARY DEPARTMENTS.—The programs 

of the military departments referred to in this subsection are the 

following: 

(1) The Army Wounded Warrior Support Program. 

(2) The Navy Safe Harbor Program. 

(3) The Palace HART Program of the Air Force. 

(4) The Marine for Life Injured Support Program of the 

Marine Corps. 

(d) ACTIVITIES OF CENTER.—
H. R. 5122—141

(1) IN GENERAL.—The Center shall carry out such programs 

and activities to augment and support the programs and activities of the military departments for the provision of assistance 

to severely wounded or injured servicemembers and their families as the Secretary of Defense, in consultation with the Secretaries of the military departments and the heads of other 

appropriate departments and agencies of the Federal Government (including the Secretary of Labor and the Secretary of 

Veterans Affairs), determines appropriate. 

(2) DATABASE.—The activities of the Center under this 

subsection shall include the establishment and maintenance 

of a central database. The database shall be transparent and 

shall be accessible for use by all of the programs of the military 

departments referred to in subsection (c). 

(e) RESOURCES.—The Secretary of Defense shall allocate to 

the Center such personnel and other resources as the Secretary 

of Defense, in consultation with the Secretaries of the military 

departments, considers appropriate in order to permit the Center 

to carry out effectively the programs and activities assigned to 

the Center under subsection (d). 

SEC. 565. COMPREHENSIVE REVIEW ON PROCEDURES OF THE DEPARTMENT OF DEFENSE ON MORTUARY AFFAIRS. 

(a) REPORT.—As soon as practicable after the completion of 

a comprehensive review of the procedures of the Department of 

Defense on mortuary affairs, the Secretary of Defense shall submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

on the review. 

(b) ADDITIONAL ELEMENTS.—In conducting the comprehensive 

review described in subsection (a), the Secretary shall address, 

in addition to any other matter covered by the review, the following: 

(1) The use of additional or increased refrigeration 

(including icing) in combat theaters in order to enhance 

preservation of remains. 

(2) The location of refrigeration assets further forward in 

the field. 

(3) Specific time standards for the movement of remains 

from combat units. 

(4) The forward location of autopsy and embalming operations. 

(5) Any other matter that the Secretary considers appropriate in order to expedite the return of remains to the United 

States in a nondecomposed state. 

SEC. 566. ADDITIONAL ELEMENTS OF POLICY ON CASUALTY ASSISTANCE TO SURVIVORS OF MILITARY DECEDENTS. 

Section 562(b) of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3267; 10 U.S.C. 

1475 note) is amended by adding at the end the following new 

paragraph: 

‘‘(12) The process by which the Department of Defense, 

upon request, provides information (in person and otherwise) 

to survivors of a military decedent on the cause of, and any 

investigation into, the death of such military decedent and 

on the disposition and transportation of the remains of such 

decedent, which process shall—
H. R. 5122—142

‘‘(A) provide for the provision of such information (in 

person and otherwise) by qualified Department of Defense 

personnel; 

‘‘(B) ensure that information is provided as soon as 

possible after death and that, when requested, updates 

are provided, in accordance with the procedures established 

under this paragraph, in a timely manner when new 

information becomes available; 

‘‘(C) ensure that—

‘‘(i) the initial provision of such information, and 

each such update, relates the most complete and 

accurate information available at the time, subject to 

limitations applicable to classified information; and 

‘‘(ii) incomplete or unverified information is identified as such during the course of the provision of such 

information or update; and 

‘‘(D) include procedures by which such survivors shall, 

upon request, receive updates or supplemental information 

from qualified Department of Defense personnel.’’. 

SEC. 567. REQUIREMENT FOR DEPLOYING MILITARY MEDICAL PERSONNEL TO BE TRAINED IN PRESERVATION OF REMAINS 

UNDER COMBAT OR COMBAT-RELATED CONDITIONS. 

(a) REQUIREMENT.—The Secretary of each military department 

shall ensure that each military health care professional under that 

Secretary’s jurisdiction who is deployed to a theater of combat 

operations is trained, before such deployment, in the preservation 

of remains under combat or combat-related conditions. 

(b) MATTERS COVERED BY TRAINING.—The training under subsection (a) shall include, at a minimum, the following: 

(1) Best practices and procedures for the preservation of 

the remains of a member of the Armed Forces after death, 

taking into account the conditions likely to be encountered 

and the objective of returning the remains to the member’s 

family in the best possible condition. 

(2) Practical case studies based on experience of the Armed 

Forces in a variety of climactic conditions. 

(c) COVERED MILITARY HEALTH CARE PROFESSIONALS.—In this 

section, the term ‘‘military health care professional’’ means—

(1) a physician, nurse, nurse practitioner, physician assistant, or combat medic; and 

(2) any other medical personnel with medical specialties 

who may provide direct patient care and who are designated 

by the Secretary of the military department concerned. 

(d) EFFECTIVE DATE.—Subsection (a) shall apply with respect 

to any military health care professional who is deployed to a theater 

of combat operations after the end of the 90-day period beginning 

on the date of the enactment of this Act. 
H. R. 5122—143

Subtitle H—Impact Aid and Defense 

Dependents Education System 

SEC. 571. ENROLLMENT IN DEFENSE DEPENDENTS’ EDUCATION 

SYSTEM OF DEPENDENTS OF FOREIGN MILITARY MEMBERS ASSIGNED TO SUPREME HEADQUARTERS ALLIED 

POWERS, EUROPE. 

(a) TEMPORARY ENROLLMENT AUTHORITY.—Section 1404A of the 

Defense Dependents’ Education Act of 1978 (20 U.S.C. 923a) is 

amended—

(1) in subsection (a)—

(A) by striking ‘‘of the children’’ and inserting ‘‘of—

‘‘(1) the children’’; 

(B) by striking the period at the end and inserting 

‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(2) the children of a foreign military member assigned 

to the Supreme Headquarters Allied Powers, Europe, but only 

in a school of the defense dependents’ education system in 

Mons, Belgium, and only through the 2010–2011 school year.’’; 

and 

(2) by adding at the end the following new subsection: 

‘‘(c) SPECIAL RULES REGARDING ENROLLMENT OF DEPENDENTS

OF FOREIGN MILITARY MEMBERS ASSIGNED TO SUPREME HEAD- QUARTERS ALLIED POWERS, EUROPE.—(1) In the regulations required 

by subsection (a), the Secretary shall prescribe a methodology based 

on the estimated total number of dependents of sponsors under 

section 1414(2) enrolled in schools of the defense dependents’ education system in Mons, Belgium, to determine the number of children described in paragraph (2) of subsection (a) who will be authorized to enroll under such subsection. 

‘‘(2) If the number of children described in paragraph (2) of 

subsection (a) who seek enrollment in schools of the defense dependents’ education system in Mons, Belgium, exceeds the number 

authorized by the Secretary under paragraph (1), the Secretary 

may enroll the additional children on a space-available, tuitionfree basis notwithstanding section 1404(d)(2).’’. 

(b) REPORT ON LONG-TERM PLAN FOR EDUCATION OF DEPENDENTS OF MILITARY PERSONNEL ASSIGNED TO SHAPE.—Not later than 

180 days after the date of the enactment of this Act, the Secretary 

of Defense shall submit to Congress a report evaluating alternatives 

for the education of dependents of United States military personnel 

and dependents of foreign military personnel assigned to Supreme 

Headquarters Allied Powers, Europe, including—

(1) an evaluation of the feasibility of establishing an international school at Supreme Headquarters Allied Powers, 

Europe; and 

(2) an estimate of the timeframe necessary for transition 

to any new model for educating such dependents. 

SEC. 572. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 

MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 

DEFENSE CIVILIAN EMPLOYEES. 

(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF

MILITARY DEPENDENT STUDENTS.—Of the amount authorized to 
H. R. 5122—144

be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $35,000,000 shall be available 

only for the purpose of providing assistance to local educational 

agencies under subsection (a) of section 572 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3271; 20 U.S.C. 7703b). 

(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE

TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE

RELOCATIONS.—Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defensewide activities, $10,000,000 shall be available only for the purpose 

of providing assistance to local educational agencies under subsection (b) of such section 572. 

(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 

the term ‘‘local educational agency’’ has the meaning given that 

term in section 8013(9) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7713(9)). 

SEC. 573. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 

Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 

of the Floyd D. Spence National Defense Authorization Act for 

Fiscal Year 2001 (as enacted into law by Public Law 106–398; 

114 Stat. 1654A–77; 20 U.S.C. 7703a). 

SEC. 574. PLAN AND AUTHORITY TO ASSIST LOCAL EDUCATIONAL 

AGENCIES EXPERIENCING GROWTH IN ENROLLMENT DUE 

TO FORCE STRUCTURE CHANGES, RELOCATION OF MILITARY UNITS, OR BASE CLOSURES AND REALIGNMENTS. 

(a) PLAN REQUIRED.—Not later than January 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report setting forth a plan to provide assistance to local 

educational agencies that experience growth in the enrollment of 

military dependent students as a result of any of the following 

events: 

(1) Force structure changes. 

(2) The relocation of a military unit. 

(3) The closure or realignment of military installations 

pursuant to defense base closure and realignment under the 

base closure laws. 

(b) ELEMENTS.—The report required by subsection (a), and each 

updated report required by subsection (c), shall include the following: 

(1) An identification, current as of the date of the report, 

of the total number of military dependent students who are 

anticipated to be arriving at or departing from military installations as a result of any event described in subsection (a), 

including—

(A) an identification of the military installations 

affected by such arrivals and departures; 

(B) an estimate of the number of such students arriving 

at or departing from each such installation; and 

(C) the anticipated schedule of such arrivals and departures. 

(2) Such recommendations as the Office of Economic Adjustment of the Department of Defense considers appropriate for 

means of assisting affected local educational agencies in 
H. R. 5122—145

accommodating increases in enrollment of military dependent 

students as a result of any such event. 

(3) A plan for outreach to be conducted to affected local 

educational agencies, commanders of military installations, and 

members of the Armed Forces and civilian personnel of the 

Department of Defense regarding information on the assistance 

to be provided under the plan under subsection (a). 

(c) UPDATED REPORTS.—Not later than March 1, 2008, and 

annually thereafter to coincide with the submission of the budget 

of the President for a fiscal year under section 1105 of title 31, 

United States Code, the Secretary of Defense shall submit to the 

congressional defense committees an update of the report required 

by subsection (a). 

(d) TRANSITION OF MILITARY DEPENDENTS FROM DEPARTMENT

OF DEFENSE DEPENDENT SCHOOLS TO OTHER SCHOOLS.—During 

the period beginning on the date of the enactment of this Act 

and ending on September 30, 2011, the Secretary of Defense shall 

work collaboratively with the Secretary of Education in any efforts 

to ease the transition of military dependent students from attendance in Department of Defense dependent schools to attendance 

in schools of local educational agencies. The Secretary of Defense 

may use funds of the Department of Defense Education Activity 

to share expertise and experience of the Activity with local educational agencies as military dependent students make such transition, including such a transition resulting from the closure or 

realignment of military installations under a base closure law, 

global rebasing, and force restructuring. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘base closure law’’ has the meaning given 

that term in section 101 of title 10, United States Code. 

(2) The term ‘‘local educational agency’’ has the meaning 

given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 

(3) The term ‘‘military dependent students’’ refers to—

(A) elementary and secondary school students who are 

dependents of members of the Armed Forces; and 

(B) elementary and secondary school students who are 

dependents of civilian employees of the Department of 

Defense. 

SEC. 575. PILOT PROGRAM ON PARENT EDUCATION TO PROMOTE 

EARLY CHILDHOOD EDUCATION FOR DEPENDENT CHILDREN AFFECTED BY MILITARY DEPLOYMENT OR RELOCATION OF MILITARY UNITS. 

(a) PILOT PROGRAM AUTHORIZED.—Using such funds as may 

be appropriated for this purpose, the Secretary of Defense may 

carry out a pilot program on the provision of educational and 

support tools to the parents of preschool-age children—

(1) whose parent or parents serve as members of the Armed 

Forces on active duty (including members of the Selected 

Reserve on active duty pursuant to a call or order to active 

duty of 180 days or more); and 

(2) who are affected by the deployment of their parent 

or parents or the relocation of the military unit of which their 

parent or parents are a member. 

(b) PURPOSE.—The purpose of the pilot program is to develop 

models for improving the capability of military child and youth 
H. R. 5122—146

programs on or near military installations to provide assistance 

to military parents with young children through a program of 

activities focusing on the unique needs of children described in 

subsection (a). 

(c) LIMITS ON COMMENCEMENT AND DURATION OF PROGRAM.—

The Secretary of Defense may not commence the pilot program 

before October 1, 2007, and shall conclude the pilot program not 

later than the end of the three-year period beginning on the date 

on which the Secretary commences the program. 

(d) SCOPE OF PROGRAM.—Under the pilot program, the Secretary of Defense shall utilize one or more models, demonstrated 

through research, of universal access of parents of children 

described in subsection (a) to assistance under the pilot program 

to achieve the following goals: 

(1) The identification and mitigation of specific risk factors 

for such children related to military life. 

(2) The maximization of the educational readiness of such 

children. 

(e) LOCATIONS AND GOALS.— (1) SELECTION OF PARTICIPATING INSTALLATIONS.—In 

selecting military installations to participate in the pilot program, the Secretary of Defense shall limit selection to those 

military installations whose military personnel are experiencing 

significant transition or deployment or which are undergoing 

transition as a result of the relocation or activation of military 

units or activities relating to defense base closure and realignment. 

(2) SELECTION OF CERTAIN INSTALLATIONS.—At least one 

of the installations selected under paragraph (1) shall be a 

military installation that will permit, under the pilot program, 

the meaningful evaluation of a model under subsection (d) 

that provides outreach to parents in families with a parent 

who is a member of the National Guard or Reserve, which 

families live more than 40 miles from the installation. 

(3) GOALS OF PARTICIPATING INSTALLATIONS.—If a military 

installation is selected under paragraph (1), the Secretary shall 

require appropriate personnel at the military installation to 

develop goals, and specific outcome measures with respect to 

such goals, for the conduct of the pilot program at the installation. 

(4) EVALUATION REQUIRED.—Upon completion of the pilot 

program at a military installation, the personnel referred to 

in paragraph (3) at the installation shall be required to conduct 

an evaluation and assessment of the success of the pilot program at the installation in meeting the goals developed for 

that installation. 

(f) GUIDELINES.—As part of conducting the pilot program, the 

Secretary of Defense shall issue guidelines regarding—

(1) the goals to be developed under subsection (e)(3); 

(2) specific outcome measures; and 

(3) the selection of curriculum and the conduct of developmental screening under the pilot program. 

(g) REPORT.—Upon completion of the pilot program, the Secretary of Defense shall submit to the Committee on Armed Services 

of the Senate and the Committee on Armed Services of the House 

of Representatives a report on all of the evaluations prepared under 

subsection (e)(4) for the military installations participating in the 
H. R. 5122—147

pilot program. The report shall describe the results of the evaluations, and may include such recommendations for legislative or 

administrative action as the Secretary considers appropriate in 

light of the evaluations, including recommendations for the continuation of the pilot program. 

Subtitle I—Armed Forces Retirement 

Home 

SEC. 578. REPORT ON LEADERSHIP AND MANAGEMENT OF THE ARMED 

FORCES RETIREMENT HOME. 

Not later than 30 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report evaluating the following: 

(1) The effect of changing the title of the Chief Operating 

Officer of the Armed Forces Retirement Home to a chief executive officer who will be responsible to the Secretary of Defense 

for the overall direction, operation, and management of the 

Retirement Home. 

(2) The effect of no longer permitting a civilian with experience as a continuing care retirement community professional 

to serve as the Director for a facility of the Armed Forces 

Retirement Home, but to instead limit eligibility for such positions to members of the Armed Forces serving on active duty 

in a grade below brigadier general or, in the case of the Navy, 

rear admiral (lower half). 

(3) The management of the Armed Forces Retirement Home 

and whether or not there is a need for a greater role by 

members of the Armed Forces serving on active duty in the 

overall direction, operation, and management of the Retirement 

Home. 

SEC. 579. REPORT ON LOCAL BOARDS OF TRUSTEES OF THE ARMED 

FORCES RETIREMENT HOME. 

Not later than 30 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report describing the following: 

(1) The current composition and activities of the Local 

Board of Trustees of the Armed Forces Retirement Home—

Washington under section 1516 of the Armed Forces Retirement 

Home Act of 1991 (24 U.S.C. 416). 

(2) The current composition and activities of the Local 

Board of Trustees of the Armed Forces Retirement Home—

Gulfport under such section. 

(3) The feasibility and effect of including as a member 

of each Local Board of Trustees of the Armed Forces Retirement 

Home a member of the Armed Forces who is serving on active 

duty in the grade of brigadier general, or in the case of the 

Navy, rear admiral (lower half). 
H. R. 5122—148

Subtitle J—Reports 

SEC. 581. REPORT ON PERSONNEL REQUIREMENTS FOR AIRBORNE 

ASSETS IDENTIFIED AS LOW-DENSITY, HIGH-DEMAND AIRBORNE ASSETS. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

on personnel requirements for airborne assets identified as LowDensity, High-Demand Airborne Assets based on combatant commander requirements to conduct and sustain operations for the 

global war on terrorism. 

(b) MATTER TO BE INCLUDED.—The report shall include the 

following for each airborne asset identified as a Low-Density, HighDemand Airborne Asset: 

(1) The numbers of operations and maintenance crews to 

meet tasking contemplated to conduct operations for the global 

war on terrorism. 

(2) The current numbers of operations and maintenance 

crews. 

(3) If applicable, shortages of operations and maintenance 

crews. 

(4) Whether such shortages are addressed in the futureyears defense program. 

(5) Whether end-strength increases are required to meet 

any such shortages. 

(6) Estimated manpower costs of personnel needed to 

address shortfalls. 

(7) If applicable, the number and types of equipment needed 

to address training shortfalls. 

SEC. 582. REPORT ON FEASIBILITY OF ESTABLISHMENT OF MILITARY 

ENTRANCE PROCESSING COMMAND STATION ON GUAM. 

(a) REVIEW.—The Secretary of Defense shall review the feasibility and cost effectiveness of establishing on Guam a station 

of the Military Entrance Processing Command to process new 

recruits for the Armed Forces who are drawn from the western 

Pacific region. For the purposes of the review, the cost effectiveness 

of establishing such a facility on Guam shall be measured, in 

part, against the system in effect in early 2006 of using Hawaii 

and other locations for the processing of new recruits from Guam 

and other locations in the western Pacific region. 

(b) REPORT.—Not later than June 1, 2007, the Secretary shall 

submit to the Committee on Armed Services of the Senate and 

the Committee on Armed Services of the House of Representatives 

a report providing the results of the study under subsection (a). 

SEC. 583. INCLUSION IN ANNUAL DEPARTMENT OF DEFENSE REPORT 

ON SEXUAL ASSAULTS OF INFORMATION ON RESULTS OF 

DISCIPLINARY ACTIONS. 

Section 577(f)(2)(B) of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 1927) is amended to read as follows: 

‘‘(B) A synopsis of each such substantiated case and, for 

each such case, the disciplinary action taken in the case, 
H. R. 5122—149

including the type of disciplinary or administrative sanction 

imposed, if any.’’. 

SEC. 584. REPORT ON PROVISION OF ELECTRONIC COPY OF MILITARY 

RECORDS ON DISCHARGE OR RELEASE OF MEMBERS 

FROM THE ARMED FORCES. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the feasibility 

and advisability of providing an electronic copy of military records 

(including all military service, medical, and other military records) 

to members of the Armed Forces on their discharge or release 

from the Armed Forces. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An estimate of the costs of the provision of military 

records as described in subsection (a). 

(2) An assessment of providing military records as described 

in that subsection through the distribution of a portable, readily 

accessible medium (such as a computer disk or other similar 

medium) containing such records. 

(3) A description and assessment of the mechanisms 

required to ensure the privacy of members of the Armed Forces 

in providing military records as described in that subsection. 

(4) An assessment of the benefits to the members of the 

Armed Forces of receiving their military records as described 

in that subsection. 

(5) If the Secretary determines that providing military 

records to members of the Armed Forces as described in that 

subsection is feasible and advisable, a plan (including a 

schedule) for providing such records to members of the Armed 

Forces as so described in order to ensure that each member 

of the Armed Forces is provided such records upon discharge 

or release from the Armed Forces. 

(6) Any other matter relating to the provision of military 

records as described in that subsection that the Secretary considers appropriate. 

SEC. 585. REPORT ON OMISSION OF SOCIAL SECURITY ACCOUNT NUMBERS FROM MILITARY IDENTIFICATION CARDS. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to Congress a report setting forth the assessment of the Secretary 

of the feasibility of utilizing military identification cards that do 

not contain, display, or exhibit the social security account number 

of the individual identified by a military identification card. 

(b) MILITARY IDENTIFICATION CARD DEFINED.—In this section, 

the term ‘‘military identification card’’ means a card or other form 

of identification used for purposes of demonstrating eligibility for 

any benefit from the Department of Defense. 

SEC. 586. REPORT ON MAINTENANCE AND PROTECTION OF DATA HELD 

BY THE SECRETARY OF DEFENSE AS PART OF THE 

DEPARTMENT OF DEFENSE JOINT ADVERTISING, MARKET 

RESEARCH AND STUDIES (JAMRS) PROGRAM. 

Not later than 120 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the Committees 

on Armed Services of the Senate and House of Representatives 
H. R. 5122—150

a report on how the data, including social security account numbers, 

held by the Secretary as part of the Joint Advertising, Market 

Research and Studies (JAMRS) program of the Department of 

Defense are maintained and protected, including a description of 

the security measures in place to prevent unauthorized access or 

inadvertent disclosure of such data that could lead to identity 

theft. 

SEC. 587. COMPTROLLER GENERAL REPORT ON MILITARY CONSCIENTIOUS OBJECTORS. 

(a) REPORT REQUIRED.—Not later than September 1, 2007, the 

Comptroller General shall submit to Congress a report concerning 

members of the Armed Forces who claimed status as a military 

conscientious objector between September 11, 2001, and December 

31, 2006. 

(b) CONTENT OF REPORT.—The report required by subsection 

(a) shall specifically address the following: 

(1) The number of all applications for status as a military 

conscientious objector, broken down by Armed Force, including 

the Coast Guard, and regular and reserve components. 

(2) Number of discharges or reassignments given. 

(3) The process generally used to consider applications, 

including average processing times and any provision for 

assignment or reassignment of members while their application 

is pending. 

(4) Reasons for approval or disapproval of applications. 

(5) Any difference in benefits upon discharge as a military 

conscientious objector compared to other discharges. 

(6) Pre-war statistical comparisons. 

Subtitle K—Other Matters 

SEC. 591. MODIFICATION IN DEPARTMENT OF DEFENSE CONTRIBUTIONS TO MILITARY RETIREMENT FUND. 

(a) DETERMINATION OF CONTRIBUTIONS TO THE FUND.—

(1) CALCULATION OF ANNUAL DEPARTMENT OF DEFENSE CONTRIBUTION.—Subsection (b)(1) of section 1465 of title 10, United 

States Code, is amended—

(A) in subparagraph (A)(ii), by striking ‘‘to members 

of’’ and all that follows and inserting ‘‘for active duty (other 

than the Coast Guard) and for full-time National Guard 

duty (other than full-time National Guard duty for training 

only), but excluding the amount expected to be paid for 

any duty that would be excluded for active-duty end 

strength purposes by section 115(i) of this title.’’; and 

(B) in subparagraph (B)(ii)—

(i) by striking ‘‘Ready Reserve’’ and inserting 

‘‘Selected Reserve’’; and 

(ii) by striking ‘‘Coast Guard and other than members on full-time National Guard duty other than for 

training) who are’’ and inserting ‘‘Coast Guard) for 

service’’. 

(2) QUADRENNIAL ACTUARIAL VALUATION.—Subsection (c)(1) 

of such section is amended—

(A) in subparagraph (A), by striking ‘‘for members of 

the armed forces’’ and all that follows through ‘‘for training 
H. R. 5122—151

only)’’ and inserting ‘‘for active duty (other than the Coast 

Guard) and for full-time National Guard duty (other than 

full-time National Guard duty for training only), but 

excluding the amount expected to be paid for any duty 

that would be excluded for active-duty end strength purposes by section 115(i) of this title’’; and 

(B) in subparagraph (B)—

(i) by striking ‘‘Ready Reserve’’ and inserting 

‘‘Selected Reserve’’; and 

(ii) by striking ‘‘Coast Guard and other than members on full-time National Guard duty other than for 

training) who are’’ and inserting ‘‘Coast Guard) for 

service’’. 

(b) PAYMENTS INTO THE FUND.—Section 1466(a) of such title 

is amended—

(1) in paragraph (1)(B), by striking ‘‘by members’’ and 

all that follows and inserting ‘‘for active duty (other than the 

Coast Guard) and for full-time National Guard duty (other 

than full-time National Guard duty for training only), but 

excluding the amount expected to be paid for any duty that 

would be excluded for active-duty end strength purposes by 

section 115(i) of this title’’; and 

(2) in paragraph (2)(B)—

(A) by striking ‘‘Ready Reserve’’ and inserting ‘‘Selected 

Reserve’’; and 

(B) by striking ‘‘Coast Guard and other than members 

on full-time National Guard duty other than for training) 

who are’’ and inserting ‘‘Coast Guard) for service’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2007. 

SEC. 592. REVISION IN GOVERNMENT CONTRIBUTIONS TO MEDICAREELIGIBLE RETIREE HEALTH CARE FUND. 

(a) MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND.—Section 

1111 of title 10, United States Code, is amended—

(1) in subsection (a), by striking ‘‘of the Department of 

Defense’’ and inserting ‘‘of the uniformed services’’; and 

(2) in subsection (b), by adding at the end the following 

new paragraph: 

‘‘(5) The term ‘members of the uniformed services on active 

duty’ does not include a cadet at the United States Military 

Academy, the United States Air Force Academy, or the Coast 

Guard Academy or a midshipman at the United States Naval 

Academy.’’. 

(b) DETERMINATION OF CONTRIBUTIONS TO THE FUND.—Section 

1115 of such title is amended—

(1) in subsection (b)—

(A) in paragraph (1)(B), by striking ‘‘on active duty’’ 

and all that follows through ‘‘training only)’’ and inserting 

the following: ‘‘on active duty and full-time National Guard 

duty, but excluding any member who would be excluded 

for active-duty end strength purposes by section 115(i) of 

this title’’; and 

(B) in paragraph (2)(B)—

(i) by striking ‘‘Ready Reserve’’ and inserting 

‘‘Selected Reserve’’; and 
H. R. 5122—152

(ii) by striking ‘‘(other than members on full-time 

National Guard duty other than for training)’’; and 

(2) in subsection (c)—

(A) in paragraph (1)(A), by striking ‘‘on active duty’’ 

and all that follows through ‘‘training only)’’ and inserting 

the following: ‘‘on active duty and full-time National Guard 

duty, but excluding any member who would be excluded 

for active-duty end strength purposes by section 115(i) of 

this title’’; and 

(B) in paragraph (1)(B)—

(i) by striking ‘‘Ready Reserve’’ and inserting 

‘‘Selected Reserve’’; and 

(ii) by striking ‘‘(other than members on full-time 

National Guard duty other than for training)’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect with respect to payments under chapter 56 of 

title 10, United States Code, beginning with fiscal year 2008. 

SEC. 593. DENTAL CORPS OF THE NAVY BUREAU OF MEDICINE AND 

SURGERY. 

(a) DELETION OF REFERENCES TO DENTAL DIVISION.—Section 

5138 of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) by striking the first sentence; and 

(B) by striking ‘‘the Dental Division’’ and inserting 

‘‘the Dental Corps’’; 

(2) in subsection (b), by striking ‘‘Dental Division’’ and 

inserting ‘‘Dental Corps’’; and 

(3) in subsection (c)—

(A) by striking ‘‘Dental Division’’ at the end of the 

first sentence and inserting ‘‘Dental Corps’’; and 

(B) by striking ‘‘that Division’’ at the end of the second 

sentence and inserting ‘‘the Chief of the Dental Corps’’. 

(b) FUNCTIONS OF CHIEF OF DENTAL CORPS.—Subsection (d) 

of such section is amended to read as follows: 

‘‘(d) The Chief of the Dental Corps shall—

‘‘(1) establish professional standards and policies for dental 

practice; 

‘‘(2) initiate and recommend action pertaining to complements, strength, appointments, advancement, training 

assignment, and transfer of dental personnel; and 

‘‘(3) serve as the advisor for the Bureau on all matters 

relating directly to dentistry.’’. 

(c) FURTHER CLARIFYING AMENDMENTS.—Subsection (c) of such 

section is further amended—

(1) by striking ‘‘so’’ after ‘‘shall be’’; and 

(2) by striking ‘‘that all such functions will be’’ and inserting 

‘‘so that all such functions are’’. 

(d) CLERICAL AMENDMENTS.—

(1) The heading of such section is amended to read as 

follows: 
H. R. 5122—153

‘‘§ 5138. Bureau of Medicine and Surgery: Dental Corps; 

Chief; functions’’. 

(2) The item relating to such section in the table of sections 

at the beginning of chapter 513 of such title is amended to 

read as follows:

‘‘5138. Bureau of Medicine and Surgery: Dental Corps; Chief; functions.’’.

SEC. 594. PERMANENT AUTHORITY FOR PRESENTATION OF RECOGNITION ITEMS FOR RECRUITMENT AND RETENTION PURPOSES. 

Section 2261 of title 10, United States Code, is amended by 

striking subsection (d). 

SEC. 595. PERSONS AUTHORIZED TO ADMINISTER ENLISTMENT AND 

APPOINTMENT OATHS. 

(a) ENLISTMENT OATH.—Section 502 of title 10, United States 

Code, is amended—

(1) by inserting ‘‘(a) ENLISTMENT OATH.—’’ before ‘‘Each 

person enlisting’’; 

(2) by striking the last sentence; and 

(3) by adding at the end the following new subsection: 

‘‘(b) WHO MAY ADMINISTER.—The oath may be taken before 

the President, the Vice-President, the Secretary of Defense, any 

commissioned officer, or any other person designated under regulations prescribed by the Secretary of Defense.’’. 

(b) OATHS GENERALLY.—Section 1031 of such title is amended 

by striking ‘‘Any commissioned officer of any component of an 

armed force, whether or not on active duty, may administer any 

oath’’ and inserting ‘‘The President, the Vice-President, the Secretary of Defense, any commissioned officer, and any other person 

designated under regulations prescribed by the Secretary of Defense 

may administer any oath’’. 

SEC. 596. MILITARY VOTING MATTERS. 

(a) REPEAL OF REQUIREMENT FOR PERIODIC INSPECTOR GENERAL

INSTALLATION VISITS FOR ASSESSMENT OF VOTING ASSISTANCE PROGRAM COMPLIANCE.—Section 1566 of title 10, United States Code, 

is amended by striking subsection (d). 

(b) USE OF ELECTRONIC VOTING TECHNOLOGY.—

(1) CONTINUATION OF INTERIM VOTING ASSISTANCE

SYSTEM.—The Secretary of Defense shall continue the Interim 

Voting Assistance System (IVAS) ballot request program with 

respect to all absent uniformed services voters (as defined under 

section 107(1) of the Uniformed and Overseas Citizens Absentee 

Voting Act (42 U.S.C. 1973ff–6(1))) and overseas employees 

of the Department of Defense for the general election and 

all elections through December 31, 2006. 

(2) REPORTS.—

(A) IN GENERAL.—Not later than 30 days after the 

date of the regularly scheduled general election for Federal 

office for November 2006, the Secretary of Defense shall 

submit to the Congress a report setting forth—

(i) an assessment of the success of the implementation of the Interim Voting Assistance System ballot 

request program carried out under paragraph (1); 
H. R. 5122—154

(ii) recommendations for continuation of the 

Interim Voting Assistance System and for improvements to that system; and 

(iii) an assessment of available technologies and 

other means of achieving enhanced use of electronic 

and Internet-based capabilities under the Interim 

Voting Assistance System. 

(B) FUTURE ELECTIONS.—Not later than May 15, 2007, 

the Secretary of Defense shall submit to the Congress 

a report setting forth in detail plans for expanding the 

use of electronic voting technology for individuals covered 

under the Uniformed and Overseas Citizens Absentee 

Voting Act (42 U.S.C. 1973ff et seq.) for elections through 

November 30, 2010. 

(c) COMPTROLLER GENERAL REPORT.—Not later than March 

1, 2007, the Comptroller General of the United States shall submit 

to Congress a report containing the assessment of the Comptroller 

General with respect to the following: 

(1) The programs and activities undertaken by the Department of Defense to facilitate voter registration, transmittal 

of ballots to absentee voters, and voting utilizing electronic 

means of communication (such as electronic mail and fax transmission) for military and civilian personnel covered by the 

Uniformed and Overseas Citizens Absentee Voting Act (42 

U.S.C. 1973ff et seq.). 

(2) The progress of the Department of Defense and the 

Election Assistance Commission in developing a secure, 

deployable system for Internet-based electronic voting pursuant 

to the amendment made by section 567 of the Ronald W. 

Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 108–375; 118 Stat. 1919). 

(d) REPEAL OF EXPIRED PROVISION.—Section 1566(g)(2) of title 

10, United States Code, is amended by striking the last sentence. 

SEC. 597. PHYSICAL EVALUATION BOARDS. 

(a) IN GENERAL.— (1) PROCEDURAL REQUIREMENTS.—Chapter 61 of title 10, 

United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 1222. Physical evaluation boards 

‘‘(a) RESPONSE TO APPLICATIONS AND APPEALS.—The Secretary 

of each military department shall ensure, in the case of any member 

of the armed forces appearing before a physical evaluation board 

under that Secretary’s supervision, that documents announcing a 

decision of the board in the case convey the findings and conclusions 

of the board in an orderly and itemized fashion with specific attention to each issue presented by the member in regard to that 

member’s case. The requirement under the preceding sentence 

applies to a case both during initial consideration and upon subsequent consideration due to appeal by the member or other circumstance. 

‘‘(b) LIAISON OFFICER (PEBLO) REQUIREMENTS AND TRAINING.—

(1) The Secretary of Defense shall prescribe regulations establishing—

‘‘(A) a requirement for the Secretary of each military 

department to make available to members of the armed forces 
H. R. 5122—155

appearing before physical evaluation boards operated by that 

Secretary employees, designated as physical evaluation board 

liaison officers, to provide advice, counsel, and general information to such members on the operation of physical evaluation 

boards operated by that Secretary; and 

‘‘(B) standards and guidelines concerning the training of 

such physical evaluation board liaison officers. 

‘‘(2) The Secretary shall ensure compliance by the Secretary 

of each military department with physical evaluation board liaison 

officer requirements and training standards and guidelines at least 

once every three years. 

‘‘(c) STANDARDIZED STAFF TRAINING AND OPERATIONS.—(1) The 

Secretary of Defense shall prescribe regulations on standards and 

guidelines concerning the physical evaluation board operated by 

each of the Secretaries of the military departments with regard 

to—

‘‘(A) assignment and training of staff; 

‘‘(B) operating procedures; and 

‘‘(C) timeliness of board decisions. 

‘‘(2) The Secretary shall ensure compliance with standards and 

guidelines prescribed under paragraph (1) by each physical evaluation board at least once every three years.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item:

‘‘1222. Physical evaluation boards.’’.

(b) EFFECTIVE DATE.—Section 1222 of title 10, United States 

Code, as added by subsection (a), shall apply with respect to 

decisions rendered on cases commenced more than 120 days after 

the date of the enactment of this Act. 

SEC. 598. MILITARY ID CARDS FOR RETIREE DEPENDENTS WHO ARE 

PERMANENTLY DISABLED. 

(a) IN GENERAL.—Subsection (a) of section 1060b of title 10, 

United States Code, is amended to read as follows: 

‘‘(a) ISSUANCE OF PERMANENT ID CARD.—(1) In issuing military 

ID cards to retiree dependents, the Secretary concerned shall issue 

a permanent ID card (not subject to renewal) to any such retiree 

dependent as follows: 

‘‘(A) A retiree dependent who has attained 75 years of 

age. 

‘‘(B) A retiree dependent who is permanently disabled. 

‘‘(2) A permanent ID card shall be issued to a retiree dependent 

under paragraph (1)(A) upon the expiration, after the retiree 

dependent attains 75 years of age, of any earlier, renewable military 

card or, if earlier, upon the request of the retiree dependent after 

attaining age 75.’’. 

(b) CONFORMING AND CLERICAL AMENDMENTS.— (1) HEADING AMENDMENT.—The heading of such section 

is amended to read as follows: 

‘‘§ 1060b. Military ID cards: dependents and survivors of 

retirees’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 53 of such title is amended by striking 
H. R. 5122—156

the item relating to section 1060b and inserting the following 

new item:

‘‘1060b. Military ID cards: dependents and survivors of retirees.’’.

SEC. 599. UNITED STATES MARINE BAND AND UNITED STATES MARINE 

DRUM AND BUGLE CORPS. 

(a) IN GENERAL.—Section 6222 of title 10, United States Code, 

is amended to read as follows: 

‘‘§ 6222. United States Marine Band; United States Marine 

Drum and Bugle Corps: composition; appointment and promotion of members 

‘‘(a) UNITED STATES MARINE BAND.—The band of the Marine 

Corps shall be composed of one director, two assistant directors, 

and other personnel in such numbers and grades as the Secretary 

of the Navy determines to be necessary. 

‘‘(b) UNITED STATES MARINE DRUM AND BUGLE CORPS.—The 

drum and bugle corps of the Marine Corps shall be composed 

of one commanding officer and other personnel in such numbers 

and grades as the Secretary of the Navy determines to be necessary. 

‘‘(c) APPOINTMENT AND PROMOTION.—(1) The Secretary of the 

Navy shall prescribe regulations for the appointment and promotion 

of members of the Marine Band and members of the Marine Drum 

and Bugle Corps. 

‘‘(2) The President may from time to time appoint members 

of the Marine Band and members of the Marine Drum and Bugle 

Corps to grades not above the grade of captain. The authority 

of the President to make appointments under this paragraph may 

be delegated only to the Secretary of Defense. 

‘‘(3) The President, by and with the advice and consent of 

the Senate, may from time to time appoint any member of the 

Marine Band or of the Marine Drum and Bugle Corps to a grade 

above the grade of captain. 

‘‘(d) RETIREMENT.—Unless otherwise entitled to higher retired 

grade and retired pay, a member of the Marine Band or Marine 

Drum and Bugle Corps who holds, or has held, an appointment 

under this section is entitled, when retired, to be retired in, and 

with retired pay based on, the highest grade held under this section 

in which the Secretary of the Navy determines that such member 

served satisfactorily. 

‘‘(e) REVOCATION OF APPOINTMENT.—The Secretary of the Navy 

may revoke any appointment of a member of the Marine Band 

or Marine Drum and Bugle Corps. When a member’s appointment 

to a commissioned grade terminates under this subsection, such 

member is entitled, at the option of such member—

‘‘(1) to be discharged from the Marine Corps; or 

‘‘(2) to revert to the grade and status such member held 

at the time of appointment under this section.’’. 
H. R. 5122—157

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 565 of such title is amended by striking the item 

relating to section 6222 and inserting the following new item:

‘‘6222. United States Marine Band; United States Marine Drum and Bugle Corps: 

composition; appointment and promotion of members.’’.

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 

to conform to increase in pay cap for Senior Executive Service personnel. 

Sec. 603. One-year extension of prohibition against requiring certain injured members to pay for meals provided by military treatment facilities. 

Sec. 604. Availability of second basic allowance for housing for certain reserve component or retired members serving in support of contingency operations. 

Sec. 605. Extension of temporary continuation of housing allowance for dependents 

of members dying on active duty to spouses who are also members. 

Sec. 606. Payment of full premium for coverage under Servicemembers’ Group Life 

Insurance program during service in Operation Enduring Freedom or 

Operation Iraqi Freedom. 

Sec. 607. Clarification of effective date of prohibition on compensation for correspondence courses. 

Sec. 608. Extension of pilot program on contributions to Thrift Savings Plan for initial enlistees in the Army. 

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 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. Expansion of eligibility of dental officers for additional special pay. 

Sec. 616. Increase in maximum annual rate of special pay for Selected Reserve 

health care professionals in critically short wartime specialties. 

Sec. 617. Expansion and enhancement of accession bonus authorities for certain officers in health care specialities. 

Sec. 618. Authority to provide lump sum payment of nuclear officer incentive pay. 

Sec. 619. Increase in maximum amount of nuclear career accession bonus. 

Sec. 620. Increase in maximum amount of incentive bonus for transfer between 

Armed Forces. 

Sec. 621. Additional authorities and incentives to encourage retired members and 

reserve component members to volunteer to serve on active duty in 

high-demand, low-density assignments. 

Sec. 622. Accession bonus for members of the Armed Forces appointed as commissioned officers after completing officer candidate school. 

Sec. 623. Modification of certain authorities applicable to the targeted shaping of 

the Armed Forces. 

Sec. 624. Enhancement of bonus to encourage certain persons to refer other persons 

for enlistment in the Army. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Travel and transportation allowances for transportation of family members incident to illness or injury of members. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Retired pay of general and flag officers to be based on rates of basic pay 

provided by law. 

Sec. 642. Inapplicability of retired pay multiplier maximum percentage to certain 

service of members of the Armed Forces in excess of 30 years. 

Sec. 643. Military Survivor Benefit Plan beneficiaries under insurable interest coverage. 

Sec. 644. Modification of eligibility for commencement of authority for optional annuities for dependents under the Survivor Benefit Plan. 
H. R. 5122—158

Sec. 645. Study of training costs, manning, operations tempo, and other factors that 

affect retention of members of the Armed Forces with special operations 

designations. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 661. Treatment of price surcharges of certain merchandise sold at commissary 

stores. 

Sec. 662. Limitations on lease of non-excess Department of Defense property for 

protection of morale, welfare, and recreation activities and revenue. 

Sec. 663. Report on cost effectiveness of purchasing commercial insurance for commissary and exchange facilities and facilities of other morale, welfare, 

and recreation programs and nonappropriated fund instrumentalities. 

Sec. 664. Study and report regarding access of disabled persons to morale, welfare, 

and recreation facilities and activities. 

Subtitle F—Other Matters 

Sec. 670. Limitations on terms of consumer credit extended to servicemembers and 

dependents. 

Sec. 671. Enhancement of authority to waive claims for overpayment of pay and allowances and travel and transportation allowances. 

Sec. 672. Exception for notice to consumer reporting agencies regarding debts or erroneous payments pending a decision to waive, remit, or cancel. 

Sec. 673. Expansion and enhancement of authority to remit or cancel indebtedness 

of members and former members of the Armed Forces incurred on active 

duty. 

Sec. 674. Phased recovery of overpayments of pay made to members of the uniformed services. 

Sec. 675. Joint family support assistance program. 

Sec. 676. Special working group on transition to civilian employment of National 

Guard and Reserve members returning from deployment in Operation 

Iraqi Freedom or Operation Enduring Freedom. 

Sec. 677. Audit of pay accounts of members of the Army evacuated from a combat 

zone for inpatient care. 

Sec. 678. Report on eligibility and provision of assignment incentive pay. 

Sec. 679. Sense of Congress calling for payment to World War II veterans who survived Bataan Death March.

Subtitle A—Pay and Allowances 

SEC. 601. FISCAL YEAR 2007 INCREASE IN MILITARY BASIC PAY AND 

REFORM OF BASIC PAY RATES. 

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment 

to become effective during fiscal year 2007 required by section 

1009 of title 37, United States Code, in the rates of monthly basic 

pay authorized members of the uniformed services shall not be 

made. 

(b) JANUARY 1, 2007, INCREASE IN BASIC PAY.—Effective on 

January 1, 2007, the rates of monthly basic pay for members 

of the uniformed services are increased by 2.2 percent. 

(c) REFORM OF BASIC PAY RATES.—Effective on April 1, 2007, 

the rates of monthly basic pay for members of the uniformed services within each pay grade (and with years of service computed 

under section 205 of title 37, United States Code) are as follows:

COMMISSIONED OFFICERS1

Pay 

Grade 2 or less Over 2 Over 3 Over 4 Over 6

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
H. R. 5122—159

COMMISSIONED OFFICERS1—Continued

Pay 

Grade 2 or less Over 2 Over 3 Over 4 Over 6

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–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 4,833.00 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

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for 

commissioned oficers in pay grades 0–7 through 0–10 may not exceed the rate of pay for level 

II of the Executive Schedule and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the Executive Schedule. 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 $17,972.10, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 This table does not apply to commissioned officers in pay 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. 
H. R. 5122—160

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN ENLISTED MEMBER OR 

WARRANT OFFICER

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
H. R. 5122—161

WARRANT OFFICERS 1

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 4,589.40 4,589.40

W–1 4,170.00 4,170.00

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for 

warrant officers may not exceed the rate of pay for level V of the Executive Schedule. 
H. R. 5122—162

ENLISTED MEMBERS 1

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 3 1,301.40 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 3 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 3 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

1 Notwithstanding 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. 
H. R. 5122—163

2 Subject to the preceding footnote, the rate of basic pay for an enlisted member in this 

grade 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 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 pay grade E–1 who have served less than 4 months on active 

duty, the rate of basic pay is $1,203.90. 

SEC. 602. INCREASE IN MAXIMUM RATE OF BASIC PAY FOR GENERAL 

AND FLAG OFFICER GRADES TO CONFORM TO INCREASE 

IN PAY CAP FOR SENIOR EXECUTIVE SERVICE PERSONNEL. 

(a) INCREASE.—Section 203(a)(2) of title 37, United States Code, 

is amended by striking ‘‘level III of the Executive Schedule’’ and 

inserting ‘‘level II of the Executive Schedule’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on January 1, 2007, and shall apply with respect 

to months beginning on or after that date. 

SEC. 603. ONE-YEAR EXTENSION OF PROHIBITION AGAINST REQUIRING 

CERTAIN INJURED MEMBERS TO PAY FOR MEALS PROVIDED BY MILITARY TREATMENT FACILITIES. 

(a) EXTENSION.—Section 402(h)(3) of title 37, United States 

Code, is amended by striking ‘‘December 31, 2006’’ and inserting 

‘‘December 31, 2007’’. 

(b) REPORT ON ADMINISTRATION OF PROHIBITION.—Not later 

than February 1, 2007, the Secretary of Defense shall submit to 

the congressional defense committees a report on the administration 

of section 402(h) of title 37, United States Code. The report shall 

include—

(1) a description and assessment of the mechanisms used 

by the military departments to implement the prohibition contained in such section; and 

(2) such recommendations as the Secretary considers appropriate regarding making such prohibition permanent. 

SEC. 604. AVAILABILITY OF SECOND BASIC ALLOWANCE FOR HOUSING 

FOR CERTAIN RESERVE COMPONENT OR RETIRED MEMBERS SERVING IN SUPPORT OF CONTINGENCY OPERATIONS. 

(a) AVAILABILITY.—Section 403(g) of title 37, United States 

Code, is amended—

(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) The Secretary concerned may provide a basic allowance 

for housing to a member described in paragraph (1) at a monthly 

rate equal to the rate of the basic allowance for housing established 

under subsection (b) or the overseas basic allowance for housing 

established under subsection (c), whichever applies to the location 

at which the member is serving, for members in the same grade 

at that location without dependents. The member may receive both 

a basic allowance for housing under paragraph (1) and under this 

paragraph for the same month, but may not receive the portion 

of the allowance authorized under section 404 of this title, if any, 

for lodging expenses if a basic allowance for housing is provided 

under this paragraph.’’; and 

(3) in paragraph (3), as so redesignated, by striking ‘‘Paragraph (1)’’ and inserting ‘‘Paragraphs (1) and (2)’’. 
H. R. 5122—164

(b) EFFECTIVE DATE.—Paragraph (2) of section 403(g) of title 

37, United States Code, as added by subsection (a), shall apply 

with respect to months beginning on or after October 1, 2006. 

SEC. 605. EXTENSION OF TEMPORARY CONTINUATION OF HOUSING 

ALLOWANCE FOR DEPENDENTS OF MEMBERS DYING ON 

ACTIVE DUTY TO SPOUSES WHO ARE ALSO MEMBERS. 

(a) EXTENSION.—Section 403(l) of title 37, United States Code, 

is amended—

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following new paragraph: 

‘‘(3) An allowance may be paid under paragraph (2) to the 

spouse of the deceased member even though the spouse is also 

a member of the uniformed services. The allowance paid under 

such paragraph is in addition to any other pay and allowances 

to which the spouse is entitled as a member.’’. 

(b) EFFECTIVE DATE.— (1) GENERAL RULE.—The amendments made by subsection 

(a) shall take effect on October 1, 2006. 

(2) TRANSITIONAL RULE.—After October 1, 2006, the Secretary of Defense, and the Secretary of Homeland Security 

in the case of the Coast Guard, may pay the allowance authorized by section 403(l)(2) of title 37, United States Code, to 

a member of the uniformed services who is the spouse of 

a member who died on active duty during the one-year period 

ending on that date, except that the payment of the allowance 

must terminate within 365 days after the date of the member’s 

death. 

SEC. 606. PAYMENT OF FULL PREMIUM FOR COVERAGE UNDER 

SERVICEMEMBERS’ GROUP LIFE INSURANCE PROGRAM 

DURING SERVICE IN OPERATION ENDURING FREEDOM OR 

OPERATION IRAQI FREEDOM. 

(a) ENHANCED ALLOWANCE TO COVER SGLI DEDUCTIONS.—Subsection (a)(1) of section 437 of title 37, United States Code, is 

amended by striking ‘‘for the first $150,000’’ and all that follows 

through ‘‘of such title’’ and inserting ‘‘for the amount of 

Servicemembers’ Group Life Insurance coverage held by the member 

under section 1967 of such title’’. 

(b) CONFORMING AMENDMENTS.—Such section is further 

amended—

(1) in subsection (a)—

(A) by striking ‘‘(1)’’ before ‘‘in the case of’’; and 

(B) by striking paragraph (2); 

(2) by striking subsection (b); and 

(3) by redesignating subsection (c) as subsection (b) and 

in paragraph (2) of that subsection by striking ‘‘coverage 

amount specified in subsection (a)(1) or in effect pursuant to 

subsection (b),’’ and inserting ‘‘maximum coverage amount 

available for such insurance,’’. 

(c) CLERICAL AMENDMENTS.—The heading for such section, and 

the item relating to such section in the table of sections at the 

beginning of chapter 7 of such title, are each amended by striking 

the fourth and fifth words. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the first day of the first month beginning 

on or after the date of the enactment of this Act and shall apply 
H. R. 5122—165

with respect to service by members of the Armed Forces in the 

theater of operations for Operation Enduring Freedom or Operation 

Iraqi Freedom for months beginning on or after that date. 

SEC. 607. CLARIFICATION OF EFFECTIVE DATE OF PROHIBITION ON 

COMPENSATION FOR CORRESPONDENCE COURSES. 

Section 206(d) of title 37, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(3) The prohibition in paragraph (1), including the prohibition 

as it relates to a member of the National Guard while not in 

Federal service, applies to—

‘‘(A) any work or study performed on or after September 

7, 1962, unless that work or study is specifically covered by 

the exception in paragraph (2); and 

‘‘(B) any claim based on that work or study arising after 

that date.’’. 

SEC. 608. EXTENSION OF PILOT PROGRAM ON CONTRIBUTIONS TO 

THRIFT SAVINGS PLAN FOR INITIAL ENLISTEES IN THE 

ARMY. 

(a) EXTENSION.—Subsection (a) of section 606 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109–

163; 119 Stat. 3287; 37 U.S.C. 211 note) is amended by striking 

‘‘During fiscal year 2006’’ and inserting ‘‘During the period beginning on January 6, 2006, and ending on December 31, 2008’’. 

(b) REPORT DATE.—Subsection (d)(1) of such section is amended 

by striking ‘‘February 1, 2007’’ and inserting ‘‘February 1, 2008’’. 

Subtitle B—Bonuses and Special and 

Incentive Pays 

SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES. 

(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(g) 

of title 37, United States Code, is amended by striking ‘‘December 

31, 2006’’ and inserting ‘‘December 31, 2007’’. 

(b) SELECTED RESERVE AFFILIATION OR ENLISTMENT BONUS.—

Section 308c(i) of such title is amended by striking ‘‘December 

31, 2006’’ and inserting ‘‘December 31, 2007’’. 

(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN

HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended 

by striking ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

(d) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT

PRIOR SERVICE.—Section 308g(f)(2) of such title is amended by 

striking ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

(e) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS

FOR PERSONS WITH PRIOR SERVICE.—Section 308h(e) of such title 

is amended by striking ‘‘December 31, 2006’’ and inserting 

‘‘December 31, 2007’’. 

(f) SELECTED RESERVE ENLISTMENT BONUS FOR PERSONS WITH

PRIOR SERVICE.—Section 308i(f) of such title is amended by striking 

‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’. 
H. R. 5122—166

SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. 

(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 

2130a(a)(1) of title 10, United States Code, is amended by striking 

‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH

PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 

16302(d) of such title is amended by striking ‘‘January 1, 2007’’ 

and inserting ‘‘January 1, 2008’’. 

(c) ACCESSION BONUS FOR REGISTERED NURSES.—Section 

302d(a)(1) of title 37, United States Code, is amended by striking 

‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 

302e(a)(1) of such title is amended by striking ‘‘December 31, 2006’’ 

and inserting ‘‘December 31, 2007’’. 

(e) SPECIAL PAY FOR SELECTED RESERVE HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

302g(e) of such title is amended by striking ‘‘December 31, 2006’’ 

and inserting ‘‘December 31, 2007’’. 

(f) ACCESSION BONUS FOR DENTAL OFFICERS.—Section 

302h(a)(1) of such title is amended by striking ‘‘December 31, 2006’’ 

and inserting ‘‘December 31, 2007’’. 

(g) ACCESSION BONUS FOR PHARMACY OFFICERS.—Section 

302j(a) of such title is amended by striking ‘‘December 31, 2006’’ 

and inserting ‘‘December 31, 2007’’. 

SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR 

NUCLEAR OFFICERS. 

(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING

PERIOD OF ACTIVE SERVICE.—Section 312(e) of title 37, United 

States Code, is amended by striking ‘‘December 31, 2006’’ and 

inserting ‘‘December 31, 2007’’. 

(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of 

such title is amended by striking ‘‘December 31, 2006’’ and inserting 

‘‘December 31, 2007’’. 

(c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—Section 

312c(d) of such title is amended by striking ‘‘December 31, 2006’’ 

and inserting ‘‘December 31, 2007’’. 

SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 

OTHER BONUSES AND SPECIAL PAYS. 

(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 

title 37, United States Code, is amended by striking ‘‘December 

31, 2006’’ and inserting ‘‘December 31, 2007’’. 

(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) of such title 

is amended by striking ‘‘December 31, 2007’’ and inserting 

‘‘December 31, 2008’’. 

(c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 

308(g) of such title is amended by striking ‘‘December 31, 2006’’ 

and inserting ‘‘December 31, 2007’’. 

(d) ENLISTMENT BONUS.—Section 309(e) of such title is amended 

by striking ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

(e) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY

SKILLS OR ASSIGNED TO HIGH PRIORITY UNITS.—Section 323(i) of 

such title is amended by striking ‘‘December 31, 2006’’ and inserting 

‘‘December 31, 2007’’. 
H. R. 5122—167

(f) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.—

Section 324(g) of such title is amended by striking ‘‘December 

31, 2006’’ and inserting ‘‘December 31, 2007’’. 

(g) INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL SHORTAGE.—Section 326(g) 

of such title is amended by striking ‘‘December 31, 2006’’ and 

inserting ‘‘December 31, 2007’’. 

(h) INCENTIVE BONUS FOR TRANSFER BETWEEN THE ARMED

FORCES.—Section 327(h) of such title is amended by striking 

‘‘December 31, 2006’’ and inserting ‘‘December 31, 2009’’. 

SEC. 615. EXPANSION OF ELIGIBILITY OF DENTAL OFFICERS FOR ADDITIONAL SPECIAL PAY. 

(a) REPEAL OF INTERNSHIP AND RESIDENCY EXCEPTION.—Section 

302b(a)(4) of title 37, United States Code, is amended by striking 

the first sentence and inserting the following new sentence: ‘‘An 

officer who is entitled to variable special pay under paragraph 

(2) or (3) is also entitled to additional special pay for any 12-

month period during which an agreement executed under subsection 

(b) is in effect with respect to the officer.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall take effect on October 1, 2006. 

SEC. 616. INCREASE IN MAXIMUM ANNUAL RATE OF SPECIAL PAY FOR 

SELECTED RESERVE HEALTH CARE PROFESSIONALS IN 

CRITICALLY SHORT WARTIME SPECIALTIES. 

(a) INCREASE.—Section 302g(a) of title 37, United States Code, 

is amended by striking ‘‘$10,000’’ and inserting ‘‘$25,000’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on October 1, 2006, and shall apply to agreements 

entered into or revised under section 302g of title 37, United States 

Code, on or after that date. 

SEC. 617. EXPANSION AND ENHANCEMENT OF ACCESSION BONUS 

AUTHORITIES FOR CERTAIN OFFICERS IN HEALTH CARE 

SPECIALITIES. 

(a) INCREASE IN MAXIMUM AMOUNT OF ACCESSION BONUS FOR

DENTAL OFFICERS.—Section 302h(a)(2) of title 37, United States 

Code, is amended by striking ‘‘$30,000’’ and inserting ‘‘$200,000’’. 

(b) ACCESSION BONUS FOR MEDICAL OFFICERS IN CRITICALLY

SHORT WARTIME SPECIALITIES.—Chapter 5 of title 37, United States 

Code, is amended by inserting after section 302j the following 

new section: 

‘‘§ 302k. Special pay: accession bonus for medical officers 

in critically short wartime specialties 

‘‘(a) ACCESSION BONUS AUTHORIZED.—A person who is a graduate of an accredited school of medicine or osteopathy in a specialty 

designated by regulations as a critically short wartime specialty 

and who executes a written agreement described in subsection 

(d) to accept a commission as an officer of the armed forces and 

remain on active duty for a period of not less than four consecutive 

years may, upon the acceptance of the agreement by the Secretary 

concerned, be paid an accession bonus in the amount determined 

by the Secretary concerned. 

‘‘(b) AMOUNT OF BONUS.—The amount of an accession bonus 

under subsection (a) may not exceed $400,000. 
H. R. 5122—168

‘‘(c) LIMITATION ON ELIGIBILITY FOR BONUS.—A person may 

not be paid a bonus under subsection (a) if—

‘‘(1) the person, in exchange for an agreement to accept 

an appointment as an officer, received financial assistance from 

the Department of Defense to pursue a course of study in 

medicine or osteopathy; or 

‘‘(2) the Secretary concerned determines that the person 

is not qualified to become and remain certified as a doctor 

or osteopath in a specialty designated by regulations as a 

critically short wartime specialty. 

‘‘(d) AGREEMENT.—The agreement referred to in subsection (a) 

shall provide that, consistent with the needs of the armed force 

concerned, the person executing the agreement will be assigned 

to duty, for the period of obligated service covered by the agreement, 

as an officer of the Medical Corps of the Army or the Navy or 

as an officer of the Air Force designated as a medical officer in 

a specialty designated by regulations as a critically short wartime 

specialty. 

‘‘(e) REPAYMENT.—A person who, after executing an agreement 

under subsection (a) is not commissioned as an officer of the armed 

forces, does not become licensed as a doctor or osteopath, as the 

case may be, or does not complete the period of active duty in 

a specialty specified in the agreement, shall be subject to the 

repayment provisions of section 303a(e) of this title. 

‘‘(f) TERMINATION OF AUTHORITY.—No agreement under this 

section may be entered into after December 31, 2007.’’. 

(c) ACCESSION BONUS FOR DENTAL SPECIALIST OFFICERS IN

CRITICALLY SHORT WARTIME SPECIALITIES.—Such chapter is further 

amended by inserting after section 302k, as added by subsection 

(b), the following new section: 

‘‘§ 302l. Special pay: accession bonus for dental specialist 

officers in critically short wartime specialties 

‘‘(a) ACCESSION BONUS AUTHORIZED.—A person who is a graduate of an accredited dental school in a specialty designated by 

regulations as a critically short wartime specialty and who executes 

a written agreement described in subsection (d) to accept a commission as an officer of the armed forces and remain on active duty 

for a period of not less than four consecutive years may, upon 

the acceptance of the agreement by the Secretary concerned, be 

paid an accession bonus in the amount determined by the Secretary 

concerned. 

‘‘(b) AMOUNT OF BONUS.—The amount of an accession bonus 

under subsection (a) may not exceed $400,000. 

‘‘(c) LIMITATION ON ELIGIBILITY FOR BONUS.—A person may 

not be paid a bonus under subsection (a) if—

‘‘(1) the person, in exchange for an agreement to accept 

an appointment as an officer, received financial assistance from 

the Department of Defense to pursue a course of study in 

dentistry; or 

‘‘(2) the Secretary concerned determines that the person 

is not qualified to become and remain certified as a dentist 

in a specialty designated by regulations as a critically short 

wartime specialty. 

‘‘(d) AGREEMENT.—The agreement referred to in subsection (a) 

shall provide that, consistent with the needs of the armed force 

concerned, the person executing the agreement will be assigned 
H. R. 5122—169

to duty, for the period of obligated service covered by the agreement, 

as an officer of the Dental Corps of the Army or the Navy or 

as an officer of the Air Force designated as a dental officer in 

a specialty designated by regulations as a critically short wartime 

specialty. 

‘‘(e) REPAYMENT.—A person who, after executing an agreement 

under subsection (a) is not commissioned as an officer of the armed 

forces, does not become licensed as a dentist, or does not complete 

the period of active duty in a specialty specified in the agreement, 

shall be subject to the repayment provisions of section 303a(e) 

of this title. 

‘‘(f) COORDINATION WITH OTHER ACCESSION BONUS

AUTHORITY.—A person eligible to execute an agreement under both 

subsection (a) and section 302h of this title shall elect which 

authority to execute the agreement under. A person may not execute 

an agreement under both subsection (a) and such section 302h. 

‘‘(g) TERMINATION OF AUTHORITY.—No agreement under this 

section may be entered into after December 31, 2007.’’. 

(d) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 302j the following new items:

‘‘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.’’.

(e) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2006, and shall apply to agreements—

(1) entered into or revised under section 302h of title 37, 

United States Code, on or after that date; or 

(2) entered into under section 302k or 302l of such title, 

as added by subsections (b) and (c), on or after that date. 

SEC. 618. AUTHORITY TO PROVIDE LUMP SUM PAYMENT OF NUCLEAR 

OFFICER INCENTIVE PAY. 

(a) LUMP SUM PAYMENT OPTION.—Subsection (a) of section 

312 of title 37, United States Code, is amended in the matter 

after paragraph (3)—

(1) by striking ‘‘in equal annual installments’’ and inserting 

‘‘in a single lump-sum or in annual installments of equal or 

different amounts’’; and 

(2) by striking ‘‘with the number of installments being 

equal to the number of years covered by the contract plus 

one’’ and inserting ‘‘and, if the special pay will be paid in 

annual installments, the number of installments may not 

exceed the number of years covered by the agreement plus 

one’’. 

(b) STYLISTIC AND CONFORMING AMENDMENTS.—Such section 

is further amended—

(1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; 

(2) in subsection (a)—

(A) by striking ‘‘an officer’’ in the matter before paragraph (1) and inserting ‘‘the Secretary may pay special 

pay under subsection (b) to an officer’’; 

(B) by striking the comma at the end of paragraph 

(3) and inserting a period; 
H. R. 5122—170

(C) by striking ‘‘may, upon’’ and all that follows through 

‘‘The Secretary of the Navy shall’’ and inserting the following: 

‘‘(b) PAYMENT AMOUNT; PAYMENT OPTIONS.—(1) The total 

amount paid to an officer under an agreement under subsection 

(a) or (e)(1) may not exceed $30,000 for each year of the activeservice agreement. Amounts paid under the agreement are in addition to all other compensation to which the officer is entitled. 

‘‘(2) The Secretary shall’’; 

(D) by striking ‘‘Upon acceptance of the agreement 

by the Secretary or his designee’’ and inserting the following: 

‘‘(3) Upon acceptance of an agreement under subsection (a) 

or (e)(1) by the Secretary’’; and 

(E) by striking ‘‘The Secretary (or his designee)’’ and 

inserting the following: 

‘‘(4) The Secretary’’; 

(3) in subsection (c), as redesignated by paragraph (1), 

by striking ‘‘subsection (a) or subsection (d)(1)’’ and inserting 

‘‘subsection (b) or (e)(1)’’; and 

(4) in the first sentence of subsection (e)(1), as redesignated 

by paragraph (1)—

(A) by striking ‘‘such subsection’’ and inserting ‘‘subsection (b)’’; and 

(B) by striking ‘‘that subsection’’ and inserting ‘‘this 

subsection’’. 

(c) STYLISTIC AMENDMENTS.—Such section is further amended—

(1) in subsection (a), by inserting ‘‘SPECIAL PAY AUTHORIZED; ELIGIBILITY.—’’ after ‘‘(a)’’; 

(2) in subsection (c), as redesignated by subsection (b)(1), 

by inserting ‘‘REPAYMENT.—’’ after ‘‘(c)’’; 

(3) in subsection (d), as redesignated by subsection (b)(1), 

by inserting ‘‘RELATION TO SERVICE OBLIGATION.—’’ after ‘‘(d)’’; 

(4) in subsection (e), as redesignated by subsection (b)(1), 

by inserting ‘‘NEW AGREEMENT.—’’ after ‘‘(e)’’; and 

(5) in subsection (f), as redesignated by subsection (b)(1), 

by inserting ‘‘DURATION OF AUTHORITY.—’’ after ‘‘(f)’’. 

SEC. 619. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CAREER 

ACCESSION BONUS. 

(a) INCREASE.—Section 312b(a)(1) of title 37, United States 

Code, is amended by striking ‘‘$20,000’’ and inserting ‘‘$30,000’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on October 1, 2006, and shall apply to agreements 

entered into or revised under section 312b of title 37, United States 

Code, on or after that date. 

SEC. 620. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE BONUS FOR 

TRANSFER BETWEEN ARMED FORCES. 

(a) INCREASE.—Section 327(d)(1) of title 37, United States Code, 

is amended by striking ‘‘$2,500’’ and inserting ‘‘$10,000’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on October 1, 2006, and shall apply to agreements 

entered into or revised under section 327 of title 37, United States 

Code, on or after that date. 
H. R. 5122—171

SEC. 621. ADDITIONAL AUTHORITIES AND INCENTIVES TO ENCOURAGE 

RETIRED MEMBERS AND RESERVE COMPONENT MEMBERS 

TO VOLUNTEER TO SERVE ON ACTIVE DUTY IN HIGHDEMAND, LOW-DENSITY ASSIGNMENTS. 

(a) AUTHORITY TO OFFER INCENTIVE BONUS.—Chapter 5 of 

title 37, United States Code, is amended by adding at the end 

the following new section: 

‘‘§ 329. Incentive bonus: retired members and reserve component members volunteering for high-demand, 

low-density assignments 

‘‘(a) INCENTIVE BONUS AUTHORIZED.—The Secretary of Defense 

may pay a bonus under this section to a retired member or former 

member of the Army, Navy, Air Force, or Marine Corps or to 

a member of a reserve component of the Army, Navy, Air Force, 

or Marine Corps (who is not otherwise serving on active duty) 

who executes a written agreement to serve on active duty for 

a period specified in the agreement in an assignment intended 

to alleviate the need for members in a high-demand, low-density 

military capability or in any other specialty designated by the 

Secretary as critical to meet wartime or peacetime requirements. 

‘‘(b) MAXIMUM AMOUNT OF BONUS.—A bonus under subsection 

(a) and any incentive developed under subsection (d) may not exceed 

$50,000. 

‘‘(c) METHODS OF PAYMENT.—At the election of the Secretary 

of Defense, a bonus under subsection (a) and any incentive developed under subsection (d) shall be paid or provided—

‘‘(1) when the member commences service on active duty; 

or 

‘‘(2) in annual installments in such amounts as may be 

determined by the Secretary. 

‘‘(d) DEVELOPMENT OF ADDITIONAL INCENTIVES.—(1) The Secretary of Defense may develop and provide to members referred 

to in subsection (a) additional incentives to encourage such members 

to return to active duty in assignments intended to alleviate the 

need for members in a high-demand, low-density military capability 

or in other specialties designated by the Secretary as critical to 

meet wartime or peacetime requirements. 

‘‘(2) The provision of any incentive developed under this subsection shall be subject to an agreement, as required for bonuses 

under subsection (a). 

‘‘(3) Not later than 30 days before first offering any incentive 

developed under this subsection, the Secretary shall submit to 

the congressional defense committees a report that contains a 

description of that incentive and an explanation why a bonus under 

subsection (a) or other pay and allowances are not sufficient to 

alleviate the high-demand, low-density military capability or otherwise fill critical military specialties. 

‘‘(4) In this subsection, the term ‘congressional defense committees’ has the meaning given that term in section 101(a)(16) of 

title 10. 

‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—A bonus 

or other incentive paid or provided to a member under this section 

is in addition to any other pay and allowances to which the member 

is entitled. 

‘‘(f) PROHIBITION ON PROMOTIONS.—The written agreement 

required by subsections (a) and (d) shall specify that a member 
H. R. 5122—172

who is paid or receives a bonus or other incentive under this 

section is not eligible for promotion while serving in the assignment 

for which the bonus or other incentive is provided. 

‘‘(g) REPAYMENT.—A member who does not complete the period 

of active duty specified in the agreement executed under subsection 

(a) or (d) shall be subject to the repayment provisions of section 

303a(e) of this title. 

‘‘(h) HIGH-DEMAND, LOW-DENSITY MILITARY CAPABILITY.—In 

this section, the term ‘high-demand, low-density military capability’ 

means a combat, combat support or service support capability, 

unit, system, or occupational specialty that the Secretary of Defense 

determines has funding, equipment, or personnel levels that are 

substantially below the levels required to fully meet or sustain 

actual or expected operational requirements set by regional commanders. 

‘‘(i) REGULATIONS.—The Secretary of Defense may prescribe 

such regulations as the Secretary considers necessary to carry out 

this section. 

‘‘(j) TERMINATION OF AUTHORITY.—No agreement under subsection (a) or (d) may be entered into after December 31, 2010.’’. 

(b) TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS TO

ACTIVE DUTY IN HIGH-DEMAND, LOW-DENSITY MILITARY CAPABILITY.—Section 688a of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) by striking the first sentence and inserting the 

following new sentence: ‘‘The Secretary of a military department may order to active duty a retired member who 

agrees to serve on active duty in an assignment intended 

to alleviate a high-demand, low-density military capability 

or in any other specialty designated by the Secretary as 

critical to meet wartime or peacetime requirements.’’; and 

(B) in the second sentence, by striking ‘‘officer’’ both 

places it appears and inserting ‘‘member’’; 

(2) in subsection (b), by striking ‘‘an officer’’ and inserting 

‘‘a member’’; 

(3) in subsection (c), by striking ‘‘500 officers’’ and inserting 

‘‘1,000 members’’; 

(4) in subsection (d), by striking ‘‘officer’’ and inserting 

‘‘member’’; 

(5) in subsection (e), by striking ‘‘Officers’’ and inserting 

‘‘Retired members’’; 

(6) in subsection (f)—

(A) by striking ‘‘An officer’’ and inserting ‘‘A retired 

member’’; and 

(B) by striking ‘‘September 30, 2008’’ and inserting 

‘‘December 31, 2010’’; and 

(7) by adding at the end the following new subsection: 

‘‘(g) HIGH-DEMAND, LOW-DENSITY MILITARY CAPABILITY

DEFINED.—In this section, the term ‘high-demand, low-density military capability’ means a combat, combat support or service support 

capability, unit, system, or occupational specialty that the Secretary 

of Defense determines has funding, equipment, or personnel levels 

that are substantially below the levels required to fully meet or 

sustain actual or expected operational requirements set by regional 

commanders.’’. 
H. R. 5122—173

(c) EXCLUSION FROM ACTIVE-DUTY LIST.—Section 641 of title 

10, United States Code, is amended by adding at the end the 

following new paragraph: 

‘‘(6) Officers appointed pursuant to an agreement under 

section 329 of title 37.’’. 

(d) CLERICAL AMENDMENTS.—

(1) TITLE 37.—The table of sections at the beginning of 

chapter 5 of title 37, United States Code, is amended by adding 

at the end the following new item:

‘‘329. Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments.’’.

(2) TITLE 10.—(A) The heading of section 688a of title 

10, United States Code, is amended to read as follows: 

‘‘§ 688a. Retired members: temporary authority to order to 

active duty in high-demand, low-density assignments’’. 

(B) The table of sections at the beginning of chapter 39 

of such title is amended by striking the item relating to section 

688a and inserting the following new item:

‘‘688a. Retired members: temporary authority to order to active duty in high-demand, low-density assignments.’’.

(e) EFFECTIVE DATE.—No agreement may be entered into under 

section 329 of title 37, United States Code, as added by subsection 

(a), before October 1, 2006. 

(f) LIMITATION ON FISCAL YEAR 2007 OBLIGATIONS.—During 

fiscal year 2007, obligations incurred under section 329 of title 

37, United States Code, as added by subsection (a), to provide 

bonuses or other incentives to retired members and former members 

of the Army, Navy, Air Force, or Marine Corps or to members 

of the reserve components of the Army, Navy, Air Force, and Marine 

Corps may not exceed $5,000,000. 

SEC. 622. ACCESSION BONUS FOR MEMBERS OF THE ARMED FORCES 

APPOINTED AS COMMISSIONED OFFICERS AFTER COMPLETING OFFICER CANDIDATE SCHOOL. 

(a) ACCESSION BONUS AUTHORIZED.— (1) IN GENERAL.—Chapter 5 of title 37, United States Code, 

is amended by inserting after section 329, as added by section 

621 of this Act, the following new section: 

‘‘§ 330. Special pay: accession bonus for officer candidates 

‘‘(a) ACCESSION BONUS AUTHORIZED.—Under regulations prescribed by the Secretary concerned, a person who executes a written 

agreement described in subsection (c) may be paid an accession 

bonus under this section upon acceptance of the agreement by 

the Secretary concerned. 

‘‘(b) AMOUNT OF BONUS.—The amount of an accession bonus 

under subsection (a) may not exceed $8,000. 

‘‘(c) AGREEMENT.—A written agreement referred to in subsection 

(a) is a written agreement by a person—

‘‘(1) to complete officer candidate school; 

‘‘(2) to accept a commission or appointment as an officer 

of the armed forces; and 

‘‘(3) to serve on active duty as a commissioned officer for 

a period specified in the agreement. 
H. R. 5122—174

‘‘(d) PAYMENT METHOD.—Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total 

amount of the accession bonus payable under the agreement 

becomes fixed. The agreement shall specify whether the accession 

bonus will be paid in a lump sum or installments. 

‘‘(e) REPAYMENT.—A person who, having received all or part 

of the bonus under a written agreement under subsection (a), does 

not complete the total period of active duty as a commissioned 

officer as specified in such agreement shall be subject to the repayment provisions of section 303a(e) of this title. 

‘‘(f) TERMINATION OF AUTHORITY.—No agreement under this 

section may be entered into after December 31, 2007.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 329, as added by section 621, the 

following new item:

‘‘330. Special pay: accession bonus for officer candidates.’’.

(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on October 1, 2006. 

(b) AUTHORITY FOR PAYMENT OF BONUS UNDER EARLIER AGREEMENTS.—

(1) AUTHORITY.—The Secretary of the Army may pay a 

bonus to any person who, during the period beginning on April 

1, 2005, and ending on April 6, 2006, executed an agreement 

to enlist for the purpose of attending officer candidate school 

and receive a bonus under section 309 of title 37, United 

States Code, and who has completed the terms of the agreement 

required for payment of the bonus. 

(2) AMOUNT OF BONUS.—The amount of the bonus payable 

to a person under this subsection may not exceed $8,000. 

(3) RELATION TO ENLISTMENT BONUS.—The bonus payable 

under this subsection is in addition to a bonus payable under 

section 309 of title 37, United States Code, or any other provision of law. 

SEC. 623. MODIFICATION OF CERTAIN AUTHORITIES APPLICABLE TO 

THE TARGETED SHAPING OF THE ARMED FORCES. 

(a) VOLUNTARY SEPARATION PAY AND BENEFITS.— (1) INCREASE IN MAXIMUM AMOUNT OF PAY.—Subsection 

(f) of section 1175a of title 10, United States Code, is amended 

by striking ‘‘two times’’ and inserting ‘‘four times’’. 

(2) EXTENSION OF AUTHORITY.—Subsection (k)(1) of such 

section is amended by striking ‘‘December 31, 2008’’ and 

inserting ‘‘December 31, 2012’’. 

(3) REPEAL OF LIMITATION ON APPLICABILITY.—Subsection 

(b) of section 643 of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3310; 

10 U.S.C. 1175a note) is repealed. 

(b) ENHANCED AUTHORITY FOR EARLY DISCHARGES.—

(1) RENEWAL OF AUTHORITY.—Subsection (a) of section 638a 

of title 10, United States Code, is amended by inserting ‘‘and 

for the purpose of subsection (b)(4) during the period beginning 

on October 1, 2006, and ending on December 31, 2012,’’ after 

‘‘December 31, 2001,’’. 

(2) RELAXATION OF LIMITATION ON SELECTIVE EARLY DISCHARGE.—Subsection (d)(2) of such section is amended—
H. R. 5122—175

(A) in subparagraph (A), by inserting before the semicolon the following: ‘‘, except that during the period beginning on October 1, 2006, and ending on December 31, 

2012, such number may be more than 30 percent of the 

officers considered in each competitive category, but may 

not be more than 30 percent of the number of officers 

considered in each grade’’; and 

(B) in subparagraph (B), by inserting before the period 

the following: ‘‘, except that during the period beginning 

on October 1, 2006, and ending on December 31, 2012, 

such number may be more than 30 percent of the officers 

considered in each competitive category, but may not be 

more than 30 percent of the number of officers considered 

in each grade’’. 

SEC. 624. ENHANCEMENT OF BONUS TO ENCOURAGE CERTAIN PERSONS TO REFER OTHER PERSONS FOR ENLISTMENT IN 

THE ARMY. 

(a) INDIVIDUALS ELIGIBLE FOR BONUS.—Subsection (a) of section 

645 of the National Defense Authorization Act for Fiscal Year 

2006 (Public Law 109–163; 119 Stat. 3310) is amended—

(1) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(1) AUTHORITY.—The Secretary’’; 

(2) by striking ‘‘a member of the Army, whether in the 

regular component of the Army or in the Army National Guard 

or Army Reserve,’’ and inserting ‘‘an individual referred to 

in paragraph (2)’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Subject to subsection (c), the following individuals are eligible for a referral 

bonus under this section: 

‘‘(A) A member in the regular component of the Army. 

‘‘(B) A member of the Army National Guard. 

‘‘(C) A member of the Army Reserve. 

‘‘(D) A member of the Army in a retired status, 

including a member under 60 years of age who, but for 

age, would be eligible for retired pay. 

‘‘(E) A civilian employee of the Department of the 

Army.’’. 

(b) CERTAIN REFERRALS INELIGIBLE.—Subsection (c) of such 

section is amended by adding at the end the following new paragraph: 

‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUCTORS.—A member of the Army detailed under subsection (c)(1) 

of section 2031 of title 10, United States Code, to serve as 

an administrator or instructor in the Junior Reserve Officers’ 

Training Corps program or a retired member of the Army 

employed as an administrator or instructor in the program 

under subsection (d) of such section may not be paid a bonus 

under subsection (a).’’. 

(c) AMOUNT OF BONUS.—Subsection (d) of such section is 

amended to read as follows: 

‘‘(d) AMOUNT OF BONUS.—The amount of the bonus payable 

for a referral under subsection (a) may not exceed $2,000. The 

amount shall be payable in two lump sums as provided in subsection 

(e).’’. 
H. R. 5122—176

(d) PAYMENT OF BONUS.—Subsection (e) of such section is 

amended to read as follows: 

‘‘(e) PAYMENT.—A bonus payable for a referral of a person 

under subsection (a) shall be paid as follows: 

‘‘(1) Not more than $1,000 shall be paid upon the 

commencement of basic training by the person referred. 

‘‘(2) Not more than $1,000 shall be paid upon the completion 

of basic training and individual advanced training by the person 

referred.’’. 

(e) COORDINATION WITH RECEIPT OF RETIRED PAY.—Such section is further amended—

(1) by redesignating subsection (g) as subsection (h); and 

(2) by inserting after subsection (f) the following new subsection (g): 

‘‘(g) COORDINATION WITH RECEIPT OF RETIRED PAY.—A bonus 

paid under this section to a member of the Army in a retired 

status is in addition to any compensation to which the member 

is entitled under title 10, 37, or 38, United States Code, or any 

other provision of law.’’. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act, and 

shall apply with respect to bonuses payable under section 645 

of the National Defense Authorization Act for Fiscal Year 2006, 

as amended by this section, on or after that date. 

Subtitle C—Travel and Transportation 

Allowances 

SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR 

TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO ILLNESS OR INJURY OF MEMBERS. 

Section 411h(b)(1) of title 37, United States Code, is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (C); 

(2) by striking the period at the end of subparagraph (D) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(E) a person related to the member as described in 

subparagraph (A), (B), (C), or (D) who is also a member of 

the uniformed services.’’. 

Subtitle D—Retired Pay and Survivor 

Benefits 

SEC. 641. RETIRED PAY OF GENERAL AND FLAG OFFICERS TO BE 

BASED ON RATES OF BASIC PAY PROVIDED BY LAW. 

(a) DETERMINATION OF RETIRED PAY BASE.—Chapter 71 of title 

10, United States Code, is amended by inserting after section 1407 

the following new section: 

‘‘§ 1407a. Retired pay base: officers retired in general or flag 

officer grades 

‘‘(a) RATES OF BASIC PAY TO BE USED IN DETERMINATION.— In a case in which the determination under section 1406 or 1407 

of this title of the retired pay base applicable to the computation 
H. R. 5122—177

of the retired pay of a covered general or flag officer involves 

a rate of basic pay payable to that officer for any period that 

was subject to a reduction under section 203(a)(2) of title 37 for 

such period, such retired-pay-base determination shall be made 

using the rate of basic pay for such period provided by law, rather 

than such rate as so reduced. 

‘‘(b) COVERED GENERAL AND FLAG OFFICERS.—In this section, 

the term ‘covered general or flag officer’ means a member or former 

member who after September 30, 2006, is retired in a general 

officer grade or flag officer grade.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1407 the following new item:

‘‘1407a. Retired pay base: officers retired in general or flag officer grades.’’.

SEC. 642. INAPPLICABILITY OF RETIRED PAY MULTIPLIER MAXIMUM 

PERCENTAGE TO CERTAIN SERVICE OF MEMBERS OF THE 

ARMED FORCES IN EXCESS OF 30 YEARS. 

(a) IN GENERAL.—Paragraph (3) of section 1409(b) of title 10, 

United States Code, is amended to read as follows: 

‘‘(3) 30 YEARS OF SERVICE.— ‘‘(A) RETIREMENT BEFORE JANUARY 1, 2007.—In the case 

of a member who retires before January 1, 2007, with 

more than 30 years of creditable service, the percentage 

to be used under subsection (a) is 75 percent. 

‘‘(B) RETIREMENT AFTER DECEMBER 31, 2006.—In the 

case of a member who retires after December 31, 2006, 

with more than 30 years of creditable service, the percentage to be used under subsection (a) is the sum of—

‘‘(i) 75 percent; and 

‘‘(ii) the product (stated as a percentage) of—

‘‘(I) 21⁄2; and 

‘‘(II) the member’s years of creditable service 

(as defined in subsection (c)) in excess of 30 years 

of creditable service, under conditions authorized 

for purposes of this subparagraph during a period 

designated by the Secretary of Defense for purposes of this subparagraph.’’. 

(b) RETIRED PAY FOR NON-REGULAR SERVICE.—Section 12739(c) 

of such title is amended—

(1) by striking ‘‘The total amount’’ and inserting ‘‘(1) Except 

as provided in paragraph (2), the total amount’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) In the case of a person who retires after December 

31, 2006, with more than 30 years of service credited to that 

person under section 12733 of this title, the total amount of 

the monthly retired pay computed under subsections (a) and 

(b) may not exceed the sum of—

‘‘(A) 75 percent of the retired pay base upon which 

the computation is based; and 

‘‘(B) the product of—

‘‘(i) the retired pay base upon which the computation is based; and 

‘‘(ii) 21⁄2 percent of the years of service credited 

to that person under section 12733 of this title, for 

service under conditions authorized for purposes of 
H. R. 5122—178

this paragraph during a period designated by the Secretary of Defense for purposes of this paragraph.’’. 

SEC. 643. MILITARY SURVIVOR BENEFIT PLAN BENEFICIARIES UNDER 

INSURABLE INTEREST COVERAGE. 

(a) AUTHORITY TO ELECT NEW BENEFICIARY.—Section 1448(b)(1) 

of title 10, United States Code, is amended—

(1) by inserting ‘‘or under subparagraph (G) of this paragraph’’ in the second sentence of subparagraph (E) before the 

period at the end; and 

(2) by adding at the end the following new subparagraph: 

‘‘(G) ELECTION OF NEW BENEFICIARY UPON DEATH OF

PREVIOUS BENEFICIARY.—

‘‘(i) AUTHORITY FOR ELECTION.—If the reason for 

discontinuation in the Plan is the death of the beneficiary, the participant in the Plan may elect a new 

beneficiary. Any such beneficiary must be a natural 

person with an insurable interest in the participant. 

Such an election may be made only during the 180-

day period beginning on the date of the death of the 

previous beneficiary. 

‘‘(ii) PROCEDURES.—Such an election shall be in 

writing, signed by the participant, and made in such 

form and manner as the Secretary concerned may prescribe. Such an election shall be effective the first 

day of the first month following the month in which 

the election is received by the Secretary. 

‘‘(iii) VITIATION OF ELECTION BY PARTICIPANT WHO

DIES WITHIN TWO YEARS OF ELECTION.—If a person 

providing an annuity under a election under clause 

(i) dies before the end of the two-year period beginning 

on the effective date of the election—

‘‘(I) the election is vitiated; and 

‘‘(II) the amount by which the person’s retired 

pay was reduced under section 1452 of this title 

that is attributable to the election shall be paid 

in a lump sum to the person who would have 

been the deceased person’s beneficiary under the 

vitiated election if the deceased person had died 

after the end of such two-year period.’’. 

(b) CHANGE IN PREMIUM FOR COVERAGE OF NEW BENEFICIARY.—

Section 1452(c) of such title is amended by adding at the end 

the following new paragraph: 

‘‘(5) RULE FOR DESIGNATION OF NEW INSURABLE INTEREST

BENEFICIARY FOLLOWING DEATH OF ORIGINAL BENEFICIARY.—

The Secretary of Defense shall prescribe in regulations premiums which a participant making an election under section 

1448(b)(1)(G) of this title shall be required to pay for participating in the Plan pursuant to that election. The total amount 

of the premiums to be paid by a participant under the regulations shall be equal to the sum of the following: 

‘‘(A) The total additional amount by which the retired 

pay of the participant would have been reduced before 

the effective date of the election if the original beneficiary 

(i) had not died and had been covered under the Plan 

through the date of the election, and (ii) had been the 
H. R. 5122—179

same number of years younger than the participant (if 

any) as the new beneficiary designated under the election. 

‘‘(B) Interest on the amounts by which the retired 

pay of the participant would have been so reduced, computed from the dates on which the retired pay would have 

been so reduced at such rate or rates and according to 

such methodology as the Secretary of Defense determines 

reasonable. 

‘‘(C) Any additional amount that the Secretary determines necessary to protect the actuarial soundness of the 

Department of Defense Military Retirement Fund against 

any increased risk for the fund that is associated with 

the election.’’. 

(c) TRANSITION.— (1) TRANSITION PERIOD.—In the case of a participant in 

the Survivor Benefit Plan who made a covered insurableinterest election (as defined in paragraph (2)) and whose designated beneficiary under that election dies before the date 

of the enactment of this Act or during the 18-month period 

beginning on such date, the time period applicable for purposes 

of the limitation in the third sentence of subparagraph (G)(i) 

of section 1448(b)(1) of title 10, United States Code, as added 

by subsection (a), shall be the two-year period beginning on 

the date of the enactment of this Act (rather than the 180-

day period specified in that sentence). 

(2) COVERED INSURABLE-INTEREST ELECTIONS.—For purposes of paragraph (1), a covered insurable-interest election 

is an election under section 1448(b)(1) of title 10, United States 

Code, made before the date of the enactment of this Act, or 

during the 18-month period beginning on such date, by a 

participant in the Survivor Benefit Plan to provide an annuity 

under that plan to a natural person with an insurable interest 

in that person. 

(3) SURVIVOR BENEFIT PLAN.—For purposes of this subsection, the term ‘‘Survivor Benefit Plan’’ means the program 

under subchapter II of chapter 73 of title 10, United States 

Code. 

SEC. 644. MODIFICATION OF ELIGIBILITY FOR COMMENCEMENT OF 

AUTHORITY FOR OPTIONAL ANNUITIES FOR DEPENDENTS 

UNDER THE SURVIVOR BENEFIT PLAN. 

(a) IN GENERAL.—Section 1448(d)(2)(B) of title 10, United States 

Code, is amended by striking ‘‘who dies after November 23, 2003’’ 

and inserting ‘‘who dies after October 7, 2001’’. 

(b) APPLICABILITY.—Any annuity payable to a dependent child 

under subchapter II of chapter 73 of title 10, United States Code, 

by reason of the amendment made by subsection (a) shall be payable 

only for months beginning on or after the date of the enactment 

of this Act. 

SEC. 645. STUDY OF TRAINING COSTS, MANNING, OPERATIONS TEMPO, 

AND OTHER FACTORS THAT AFFECT RETENTION OF MEMBERS OF THE ARMED FORCES WITH SPECIAL OPERATIONS 

DESIGNATIONS. 

(a) REPORT REQUIRED.—Not later than August 1, 2007, the 

Secretary of Defense shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of 
H. R. 5122—180

the House of Representatives a report on factors that affect retention of members of the Armed Forces who have a special operations 

forces designation. 

(b) ELEMENTS.—The report under subsection (a) shall include 

the following: 

(1) Information on the cost of training of members of the 

Armed Forces who have a special operations forces designation, 

with such information displayed separately and shown as aggregate costs of training for such members at the 4-year, 8-year, 

12-year, 16-year, and 20-year points of service. 

(2) The average cost of special operations-unique training, 

both predeployment and during deployment, for the number 

of members of the Armed Forces who have a special operations 

forces designation who have been deployed at least twice to 

areas in which they were eligible for hostile fire pay. 

(3) For each component of the United States Special Operations Command, an estimate of when the assigned strength 

of that component will be under 90 percent of the authorized 

strength of that component, taking into account anticipated 

growth planned for in the most recent Quadrennial Defense 

Review. 

(4) The percentage of members of the Armed Forces with 

a special operations forces designation who have accumulated 

over 48 months of hostile fire pay and the percentage who 

have accumulated over 60 months of such pay. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

SEC. 661. TREATMENT OF PRICE SURCHARGES OF CERTAIN MERCHANDISE SOLD AT COMMISSARY STORES. 

(a) MERCHANDISE PROCURED FROM EXCHANGES.—Subsection 

(c)(3) of section 2484 of title 10, United States Code, is amended—

(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; 

(2) by striking ‘‘Subsections’’ and inserting ‘‘Except as provided in subparagraph (B), subsections’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(B) When a military exchange is the vendor of tobacco products 

or other merchandise authorized for sale in a commissary store 

under paragraph (1), any revenue above the cost of procuring the 

merchandise shall be allocated as if the revenue were a uniform 

sales price surcharge described in subsection (d).’’. 

(b) MERCHANDISE TREATED AS NONCOMMISSARY STORE INVENTORY.—Subsection (g) of such section is amended—

(1) by inserting ‘‘(1)’’ before ‘‘Notwithstanding’’; 

(2) by striking ‘‘Subsections’’ and inserting ‘‘Except as provided in paragraph (2), subsections’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) When tobacco products are authorized for sale in a commissary store as noncommissary store inventory, any revenue above 

the cost of procuring the tobacco products shall be allocated as 

if the revenue were a uniform sales price surcharge described 

in subsection (d).’’. 
H. R. 5122—181

SEC. 662. LIMITATIONS ON LEASE OF NON-EXCESS DEPARTMENT OF 

DEFENSE PROPERTY FOR PROTECTION OF MORALE, WELFARE, AND RECREATION ACTIVITIES AND REVENUE. 

(a) ADDITIONAL CONDITION ON USE OF LEASE AUTHORITY.—

Subsection (b) section 2667 of title 10, United States Code, is 

amended—

(1) in paragraph (4), by striking ‘‘and’’ at the end; 

(2) in paragraph (5), by striking the period and inserting 

‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(6) except as otherwise provided in subsection (d), shall 

require the lessee to provide the covered entities specified in 

paragraph (1) of that subsection the right to establish and 

operate a community support facility or provide community 

support services, or seek equitable compensation for morale, 

welfare, and recreation programs of the Department of Defense 

in lieu of the operation of such a facility or the provision 

of such services, if the Secretary determines that the lessee 

will provide merchandise or services in direct competition with 

covered entities through the lease.’’. 

(b) APPLICATION OF CONDITION; WAIVER.—Such section is further amended—

(1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and 

(2) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) COMMUNITY SUPPORT FACILITIES AND COMMUNITY SUPPORT

SERVICES UNDER LEASE; WAIVER.—(1) In this subsection and subsection (b)(6), the term ‘covered entity’ means each of the following: 

‘‘(A) The Army and Air Force Exchange Service. 

‘‘(B) The Navy Exchange Service Command. 

‘‘(C) The Marine Corps exchanges. 

‘‘(D) The Defense Commissary Agency. 

‘‘(E) The revenue-generating nonappropriated fund activities of the Department of Defense conducted for the morale, 

welfare, and recreation of members of the armed forces. 

‘‘(2) The Secretary of a military department may waive the 

requirement in subsection (b)(6) with respect to a lease if—

‘‘(A) the lease is entered into under subsection (g); or 

‘‘(B) the Secretary determines that the waiver is in the 

best interests of the Government. 

‘‘(3) The Secretary of the military department concerned shall 

provide to the congressional defense committees written notice of 

each waiver under paragraph (2), including the reasons for the 

waiver. 

‘‘(4) The covered entities shall exercise the right provided in 

subsection (b)(6) with respect to a lease, if at all, not later than 

90 days after receiving notice from the Secretary of the military 

department concerned regarding the opportunity to exercise such 

right with respect to the lease. The Secretary may, at the discretion 

of the Secretary, extend the period under this paragraph for the 

exercise of the right with respect to a lease for such additional 

period as the Secretary considers appropriate. 

‘‘(5) The Secretary of Defense shall prescribe in regulations 

uniform procedures and criteria for the evaluation of proposals 
H. R. 5122—182

for enhanced use leases involving the operation of community support facilities or the provision of community support services by 

either a lessee under this section or a covered entity. 

‘‘(6) The Secretary of the military department concerned shall 

provide written notification to the Committee on Armed Services 

of the Senate and the Committee on Armed Services of the House 

of Representatives regarding all leases under this section that 

include the operation of a community support facility or the provision of community support services, regardless of whether the 

facility will be operated by a covered entity or the lessee or the 

services will be provided by a covered entity or the lessee.’’. 

(c) DEFINITIONS.—Subsection (i) of such section, as redesignated 

by subsection (b)(1) of this section, is amended to read as follows: 

‘‘(i) DEFINITIONS.—In this section: 

‘‘(1) The term ‘community support facility’ includes an 

ancillary supporting facility (as that term is defined in section 

2871(1) of this title). 

‘‘(2) The term ‘community support services’ includes revenue-generating food, recreational, lodging support services, 

and resale operations and other retail facilities and services 

intended to support a community. 

‘‘(3) The term ‘military installation’ has the meaning given 

such term in section 2687(e)(1) of this title.’’. 

(d) STYLISTIC, TECHNICAL, AND CONFORMING AMENDMENTS.—

Such section is further amended—

(1) in subsection (a), by inserting ‘‘LEASE AUTHORITY.—

’’ after ‘‘(a)’’; 

(2) in subsection (b), by inserting ‘‘CONDITIONS ON

LEASES.—’’ after ‘‘(b)’’; 

(3) in subsection (c), by inserting ‘‘TYPES OF IN-KIND

CONSIDERATION.—’’ after ‘‘(c)’’; 

(4) in subsection (e), as redesignated by subsection (b)(1) 

of this section—

(A) by inserting ‘‘DEPOSIT AND USE OF PROCEEDS.—

’’ after ‘‘(e)’’; and 

(B) in paragraph (5), by striking ‘‘subsection (f)’’ and 

inserting ‘‘subsection (g)’’; 

(5) in subsection (f), as redesignated by subsection (b)(1) 

of this section, by inserting ‘‘TREATMENT OF LESSEE INTEREST

IN PROPERTY.—’’ after ‘‘(f)’’; 

(6) in subsection (g), as redesignated by subsection (b)(1) 

of this section—

(A) by inserting ‘‘SPECIAL RULES FOR BASE CLOSURE

AND REALIGNMENT PROPERTY.—’’ after ‘‘(g)’’; and 

(B) in paragraph (1), by striking ‘‘subsection (a)(3)’’ 

and inserting ‘‘subsection (a)(2)’’; 

(7) in subsection (h), as redesignated by subsection (b)(1) 

of this section, by inserting ‘‘COMPETITIVE PROCEDURES FOR

SELECTION OF CERTAIN LESSEES; EXCEPTION.—’’ after ‘‘(h)’’; and 

(8) in subsection (j), as redesignated by subsection (b)(1) 

of this section, by inserting ‘‘EXCLUSION OF CERTAIN LANDS.—

’’ after ‘‘(j)’’. 
H. R. 5122—183

SEC. 663. REPORT ON COST EFFECTIVENESS OF PURCHASING 

COMMERCIAL INSURANCE FOR COMMISSARY AND 

EXCHANGE FACILITIES AND FACILITIES OF OTHER 

MORALE, WELFARE, AND RECREATION PROGRAMS AND 

NONAPPROPRIATED FUND INSTRUMENTALITIES. 

(a) REPORT REQUIRED.—Not later than July 31, 2007, the Secretary of Defense shall submit to Congress a report evaluating 

the cost effectiveness of the Defense Commissary Agency and the 

nonappropriated fund activities specified in subsection (b) purchasing commercial insurance to protect financial interests in facilities operated by the Defense Commissary Agency or those nonappropriated fund activities. 

(b) COVERED NONAPPROPRIATED FUND ACTIVITIES.—The report 

shall apply with respect to—

(1) the Army and Air Force Exchange Service; 

(2) the Navy Exchange Service Command; 

(3) the Marine Corps exchanges; and 

(4) any nonappropriated fund activity of the Department 

of Defense for the morale, welfare, and recreation of members 

of the Armed Forces. 

SEC. 664. STUDY AND REPORT REGARDING ACCESS OF DISABLED PERSONS TO MORALE, WELFARE, AND RECREATION FACILITIES AND ACTIVITIES. 

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 

a study regarding the current capability of morale, welfare, and 

recreation facilities and activities operated by nonappropriated fund 

instrumentalities of the Department of Defense to provide access 

to and accommodate disabled persons who are otherwise eligible 

to use such facilities or participate in such activities and the legal 

requirements regarding such access and accommodation applicable 

to these morale, welfare, and recreation facilities and activities, 

with specific attention to the applicability of section 504 of the 

Rehabilitation Act of 1973 (29 U.S.C. 794). 

(b) ELEMENTS OF STUDY.—In conducting the study, the Secretary of Defense shall address at a minimum the following: 

(1) The current plans of the Secretary of Defense and 

the Secretaries of the military departments to improve the 

access and accommodation of disabled persons to morale, welfare, and recreation facilities and activities operated by nonappropriated fund instrumentalities of the Department of 

Defense, including plans to make available additional golf carts 

at military golf courses that are accessible for disabled persons 

authorized to use such courses, and whether any portion of 

these plans require congressional authorization or funding. 

(2) The timing and cost of making these morale, welfare, 

and recreation facilities and activities fully accessible to disabled persons. 

(3) The expected utilization rates of these morale, welfare, 

and recreation facilities and activities by disabled persons, if 

the facilities and activities were fully accessible to disabled 

persons. 

(4) Any legal requirements applicable to providing golf 

carts at military golf courses that are accessible for disabled 

persons authorized to use such courses and the current availability of accessible golf carts at such courses. 
H. R. 5122—184

(c) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to Congress a report containing the results of the study and any 

related findings, conclusions, and recommendations that the Secretary considers to be appropriate concerning the access of disabled 

persons to morale, welfare, and recreation facilities and activities, 

and specifically the Secretary’s conclusions on making accessible 

golf carts available at all military golf courses for use by disabled 

persons authorized to use such courses. 

Subtitle F—Other Matters 

SEC. 670. LIMITATIONS ON TERMS OF CONSUMER CREDIT EXTENDED 

TO SERVICEMEMBERS AND DEPENDENTS. 

(a) TERMS OF CONSUMER CREDIT.—Chapter 49 of title 10, 

United States Code, is amended by adding at the end the following 

new section: 

‘‘§ 987. Terms of consumer credit extended to members and 

dependents: limitations 

‘‘(a) INTEREST.—A creditor who extends consumer credit to a 

covered member of the armed forces or a dependent of such a 

member shall not require the member or dependent to pay interest 

with respect to the extension of such credit, except as—

‘‘(1) agreed to under the terms of the credit agreement 

or promissory note; 

‘‘(2) authorized by applicable State or Federal law; and 

‘‘(3) not specifically prohibited by this section. 

‘‘(b) ANNUAL PERCENTAGE RATE.—A creditor described in subsection (a) may not impose an annual percentage rate of interest 

greater than 36 percent with respect to the consumer credit 

extended to a covered member or a dependent of a covered member. 

‘‘(c) MANDATORY LOAN DISCLOSURES.— ‘‘(1) INFORMATION REQUIRED.—With respect to any extension of consumer credit (including any consumer credit originated or extended through the internet) to a covered member 

or a dependent of a covered member, a creditor shall provide 

to the member or dependent the following information orally 

and in writing before the issuance of the credit: 

‘‘(A) A statement of the annual percentage rate of 

interest applicable to the extension of credit. 

‘‘(B) Any disclosures required under the Truth in 

Lending Act (15 U.S.C. 1601 et seq.). 

‘‘(C) A clear description of the payment obligations 

of the member or dependent, as applicable. 

‘‘(2) TERMS.—Such disclosures shall be presented in accordance with terms prescribed by the regulations issued by the 

Board of Governors of the Federal Reserve System to implement 

the Truth in Lending Act (15 U.S.C. 1601 et seq.). 

‘‘(d) PREEMPTION.—

‘‘(1) INCONSISTENT LAWS.—Except as provided in subsection 

(f)(2), this section preempts any State or Federal law, rule, 

or regulation, including any State usury law, to the extent 

that such law, rule, or regulation is inconsistent with this 

section, except that this section shall not preempt any such 

law, rule, or regulation that provides protection to a covered 
H. R. 5122—185

member or a dependent of such a member in addition to the 

protection provided by this section. 

‘‘(2) DIFFERENT TREATMENT UNDER STATE LAW OF MEMBERS

AND DEPENDENTS PROHIBITED.—States shall not—

‘‘(A) authorize creditors to charge covered members 

and their dependents annual percentage rates of interest 

for loans higher than the legal limit for residents of the 

State; or 

‘‘(B) permit violation or waiver of any State consumer 

lending protections for the benefit of residents of the State 

on the basis of nonresident or military status of a covered 

member or dependent of such a member, regardless of 

the member’s or dependent’s domicile or permanent home 

of record. 

‘‘(e) LIMITATIONS.—It shall be unlawful for any creditor to 

extend consumer credit to a covered member or a dependent of 

such a member with respect to which—

‘‘(1) the creditor rolls over, renews, repays, refinances, or 

consolidates any consumer credit extended to the borrower 

by the same creditor with the proceeds of other credit extended 

to the same covered member or a dependent; 

‘‘(2) the borrower is required to waive the borrower’s right 

to legal recourse under any otherwise applicable provision of 

State or Federal law, including any provision of the 

Servicemembers Civil Relief Act; 

‘‘(3) the creditor requires the borrower to submit to arbitration or imposes onerous legal notice provisions in the case 

of a dispute; 

‘‘(4) the creditor demands unreasonable notice from the 

borrower as a condition for legal action; 

‘‘(5) the creditor uses a check or other method of access 

to a deposit, savings, or other financial account maintained 

by the borrower, or the title of a vehicle as security for the 

obligation; 

‘‘(6) the creditor requires as a condition for the extension 

of credit that the borrower establish an allotment to repay 

an obligation; or 

‘‘(7) the borrower is prohibited from prepaying the loan 

or is charged a penalty or fee for prepaying all or part of 

the loan. 

‘‘(f) PENALTIES AND REMEDIES.— ‘‘(1) MISDEMEANOR.—A creditor who knowingly violates this 

section shall be fined as provided in title 18, or imprisoned 

for not more than one year, or both. 

‘‘(2) PRESERVATION OF OTHER REMEDIES.—The remedies and 

rights provided under this section are in addition to and do 

not preclude any remedy otherwise available under law to 

the person claiming relief under this section, including any 

award for consequential and punitive damages. 

‘‘(3) CONTRACT VOID.—Any credit agreement, promissory 

note, or other contract prohibited under this section is void 

from the inception of such contract. 

‘‘(4) ARBITRATION.—Notwithstanding section 2 of title 9, 

or any other Federal or State law, rule, or regulation, no 

agreement to arbitrate any dispute involving the extension 

of consumer credit shall be enforceable against any covered 

member or dependent of such a member, or any person who 
H. R. 5122—186

was a covered member or dependent of that member when 

the agreement was made. 

‘‘(g) SERVICEMEMBERS CIVIL RELIEF ACT PROTECTIONS

UNAFFECTED.—Nothing in this section may be construed to limit 

or otherwise affect the applicability of section 207 of the 

Servicemembers Civil Relief Act (50 U.S.C. App. 527). 

‘‘(h) REGULATIONS.—(1) The Secretary of Defense shall prescribe 

regulations to carry out this section. 

‘‘(2) Such regulations shall establish the following: 

‘‘(A) Disclosures required of any creditor that extends consumer credit to a covered member or dependent of such a 

member. 

‘‘(B) The method for calculating the applicable annual 

percentage rate of interest on such obligations, in accordance 

with the limit established under this section. 

‘‘(C) A maximum allowable amount of all fees, and the 

types of fees, associated with any such extension of credit, 

to be expressed and disclosed to the borrower as a total amount 

and as a percentage of the principal amount of the obligation, 

at the time at which the transaction is entered into. 

‘‘(D) Definitions of ‘creditor’ under paragraph (5) and ‘consumer credit’ under paragraph (6) of subsection (i), consistent 

with the provisions of this section. 

‘‘(E) Such other criteria or limitations as the Secretary 

of Defense determines appropriate, consistent with the provisions of this section. 

‘‘(3) In prescribing regulations under this subsection, the Secretary of Defense shall consult with the following: 

‘‘(A) The Federal Trade Commission. 

‘‘(B) The Board of Governors of the Federal Reserve System. 

‘‘(C) The Office of the Comptroller of the Currency. 

‘‘(D) The Federal Deposit Insurance Corporation. 

‘‘(E) The Office of Thrift Supervision. 

‘‘(F) The National Credit Union Administration. 

‘‘(G) The Treasury Department. 

‘‘(i) DEFINITIONS.—In this section: 

‘‘(1) COVERED MEMBER.—The term ‘covered member’ means 

a member of the armed forces who is—

‘‘(A) on active duty under a call or order that does 

not specify a period of 30 days or less; or 

‘‘(B) on active Guard and Reserve Duty. 

‘‘(2) DEPENDENT.—The term ‘dependent’, with respect to 

a covered member, means—

‘‘(A) the member’s spouse; 

‘‘(B) the member’s child (as defined in section 101(4) 

of title 38); or 

‘‘(C) an individual for whom the member provided more 

than one-half of the individual’s support for 180 days immediately preceding an extension of consumer credit covered 

by this section. 

‘‘(3) INTEREST.—The term ‘interest’ includes all cost elements associated with the extension of credit, including fees, 

service charges, renewal charges, credit insurance premiums, 

any ancillary product sold with any extension of credit to a 

servicemember or the servicemember’s dependent, as 

applicable, and any other charge or premium with respect 

to the extension of consumer credit. 
H. R. 5122—187

‘‘(4) ANNUAL PERCENTAGE RATE.—The term ‘annual percentage rate’ has the same meaning as in section 107 of the Truth 

and Lending Act (15 U.S.C. 1606), as implemented by regulations of the Board of Governors of the Federal Reserve System. 

For purposes of this section, such term includes all fees and 

charges, including charges and fees for single premium credit 

insurance and other ancillary products sold in connection with 

the credit transaction, and such fees and charges shall be 

included in the calculation of the annual percentage rate. 

‘‘(5) CREDITOR.—The term ‘creditor’ means a person—

‘‘(A) who—

‘‘(i) is engaged in the business of extending consumer credit; and 

‘‘(ii) meets such additional criteria as are specified 

for such purpose in regulations prescribed under this 

section; or 

‘‘(B) who is an assignee of a person described in 

subparagraph (A) with respect to any consumer credit 

extended. 

‘‘(6) CONSUMER CREDIT.—The term ‘consumer credit’ has 

the meaning provided for such term in regulations prescribed 

under this section, except that such term does not include 

(A) a residential mortgage, or (B) a loan procured in the course 

of purchasing a car or other personal property, when that 

loan is offered for the express purpose of financing the purchase 

and is secured by the car or personal property procured.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such title is amended by adding at the end the following 

new item:

‘‘987. Terms of consumer credit extended to members and dependents: limitations.’’.

(c) EFFECTIVE DATE.—

(1) IN GENERAL.—Except as provided in paragraph (2), section 987 of title 10, United States Code, as added by subsection 

(a), shall take effect on October 1, 2007, or on such earlier 

date as may be prescribed by the Secretary of Defense, and 

shall apply with respect to extensions of consumer credit on 

or after such effective date. 

(2) AUTHORITY TO PRESCRIBE REGULATIONS.—Subsection (h) 

of such section shall take effect on the date of the enactment 

of this Act. 

(3) PUBLICATION OF EARLIER EFFECTIVE DATE.—If the Secretary of Defense prescribes an effective date for section 987 

of title 10, United States Code, as added by subsection (a), 

earlier than October 1, 2007, the Secretary shall publish that 

date in the Federal Register. Such publication shall be made 

not less than 90 days before that earlier effective date. 

(d) INTERIM REGULATIONS.—The Secretary of Defense may prescribe interim regulations as necessary to carry out such section. 

For the purpose of prescribing such interim regulations, the Secretary is excepted from compliance with the notice-and-comment 

requirements of section 553 of title 5, United States Code. All 

interim rules prescribed under the authority of this subsection 

that are not earlier superseded by final rules shall expire no later 

than 270 days after the effective date of section 987 of title 10, 

United States Code, as added by this section. 
H. R. 5122—188

SEC. 671. ENHANCEMENT OF AUTHORITY TO WAIVE CLAIMS FOR OVERPAYMENT OF PAY AND ALLOWANCES AND TRAVEL AND 

TRANSPORTATION ALLOWANCES. 

(a) MAXIMUM WAIVER AMOUNT; TIME FOR EXERCISE OF

AUTHORITY.—Section 2774 of title 10, United States Code, is 

amended—

(1) in subsection (a)(2)(A), by striking ‘‘$1,500’’ and 

inserting ‘‘$10,000’’; and 

(2) in subsection (b)(2), by striking ‘‘three years’’ and 

inserting ‘‘five years’’. 

(b) CONFORMING AMENDMENTS REGARDING NATIONAL GUARD.— Section 716 of title 32, United States Code, is amended—

(1) in subsection (a)(2)(A), by striking ‘‘$1,500’’ and inserting ‘‘$10,000’’; and 

(2) in subsection (b)(2), by striking ‘‘three years’’ and 

inserting ‘‘five years’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on March 1, 2007. 

SEC. 672. EXCEPTION FOR NOTICE TO CONSUMER REPORTING AGENCIES REGARDING DEBTS OR ERRONEOUS PAYMENTS 

PENDING A DECISION TO WAIVE, REMIT, OR CANCEL. 

(a) EXCEPTION.—Section 2780(b) of title 10, United States Code, 

is amended—

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) Except 

as provided in paragraph (2), the Secretary of Defense’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) No disclosure shall be made under paragraph (1) with 

respect to an indebtedness while a decision regarding waiver of 

collection of the indebtedness is pending under section 2774 of 

this title or section 716 of title 32, or while a decision regarding 

remission or cancellation of the indebtedness is pending under 

section 4837, 6161, or 9837 of this title, unless the Secretary concerned (as defined in section 101(5) of title 37) determines that 

disclosure under that paragraph pending such decision is in the 

best interests of the United States.’’. 

(b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section 

shall take effect on March 1, 2007. 

(2) APPLICATION TO PRIOR ACTIONS.—Paragraph (2) of section 2780(b) of title 10, United States Code, as added by subsection (a), shall not be construed to apply to or invalidate 

any action taken under such section before March 1, 2007. 

(c) REPORT.—Not later than March 1, 2007, the Secretary of 

Defense shall submit to the congressional defense committees a 

report on the requirement in section 2780(b) of title 10, United 

States Code, to disclose to consumer reporting agencies in accordance with section 3711 of title 31, United States Code, information 

concerning certain indebtedness owed to the United States. The 

report shall include the following: 

(1) The total number of members of the Armed Forces 

whose indebtedness has been disclosed to consumer reporting 

agencies under section 2780(b), United States Code, during 

the period beginning on January 1, 2003, and ending on June 

30, 2006. 

(2) The circumstances under which a decision to recover 

the indebtedness was made, rather than a decision to waive, 
H. R. 5122—189

remit, or cancel the indebtedness under the provisions of law 

referred to in paragraph (2) of such section, as added by subsection (a), and the title of the person who made the decision. 

(3) The cost of contracts for collection services to recover 

indebtedness owed to the United States that is delinquent. 

(4) An evaluation of whether or not such contracts, and 

the practice of disclosing to consumer reporting agencies the 

identity of members of the Armed Forces who owe a delinquent 

debt to the United States, has been effective in reducing indebtedness to the United States. 

(5) Such recommendations as the Secretary considers 

appropriate regarding the continuing disclosure of such 

information with respect to members of the Armed Forces. 

SEC. 673. EXPANSION AND ENHANCEMENT OF AUTHORITY TO REMIT 

OR CANCEL INDEBTEDNESS OF MEMBERS AND FORMER 

MEMBERS OF THE ARMED FORCES INCURRED ON ACTIVE 

DUTY. 

(a) DEPARTMENT OF THE ARMY.— (1) COVERAGE OF ALL MEMBERS AND FORMER MEMBERS.— Subsection (a) of section 4837 of title 10, United States Code, 

is amended by striking ‘‘of a member’’ and all that follows 

through ‘‘on active duty’’ and inserting ‘‘of a person to the 

United States or any instrumentality of the United States 

incurred while the person was serving on active duty as a 

member of the Army’’. 

(2) REPEAL OF LIMITATION ON TIME FOR EXERCISE OF

AUTHORITY.—Such section is further amended—

(A) by striking subsection (b); and 

(B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. 

(3) REPEAL OF TERMINATION OF MODIFIED AUTHORITY.— Paragraph (3) of section 683(a) of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 

119 Stat. 3322; 10 U.S.C. 4837 note) is repealed. 

(b) DEPARTMENT OF THE NAVY.— (1) COVERAGE OF ALL MEMBERS AND FORMER MEMBERS.— Section 6161 of title 10, United States Code, is amended by 

striking ‘‘of a member’’ and all that follows through ‘‘on active 

duty’’ and inserting ‘‘of a person to the United States or any 

instrumentality of the United States incurred while the person 

was serving on active duty as a member of the naval service’’. 

(2) REPEAL OF LIMITATION ON TIME FOR EXERCISE OF

AUTHORITY.—Such section is further amended—

(A) by striking subsection (b); and 

(B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. 

(3) REPEAL OF TERMINATION OF MODIFIED AUTHORITY.— Paragraph (3) of section 683(b) of the National Defense 

Authorization Act for Fiscal Year 2006 (119 Stat. 3323; 10 

U.S.C. 6161 note) is repealed. 

(c) DEPARTMENT OF THE AIR FORCE.—

(1) COVERAGE OF ALL MEMBERS AND FORMER MEMBERS.—

Subsection (a) of section 9837 of title 10, United States Code, 

is amended by striking ‘‘of a member’’ and all that follows 

through ‘‘on active duty’’ and inserting ‘‘of a person to the 

United States or any instrumentality of the United States 
H. R. 5122—190

incurred while the person was serving on active duty as a 

member of the Air Force’’. 

(2) REPEAL OF LIMITATION ON TIME FOR EXERCISE OF

AUTHORITY.—Such section is further amended—

(A) by striking subsection (b); and 

(B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. 

(3) REPEAL OF TERMINATION OF MODIFIED AUTHORITY.—

Paragraph (3) of section 683(c) of the National Defense 

Authorization Act for Fiscal Year 2006 (119 Stat. 3324; 10 

U.S.C. 9837 note) is repealed. 

(d) DEADLINE FOR REGULATIONS.—The Secretary of Defense 

shall prescribe the regulations required for purposes of sections 

4837, 6161, and 9837 of title 10, United States Code, as amended 

by this section, not later than March 1, 2007. 

(e) CLARIFYING AND EDITORIAL AMENDMENTS.— (1) SECRETARY OF THE ARMY.—Subsection (a) of section 

4837 of title 10, United States Code, as amended by subsection 

(a)(1), is further amended—

(A) by striking ‘‘If the’’ and all that follows through 

‘‘States, the Secretary’’ and inserting ‘‘The Secretary of 

the Army’’; and 

(B) by inserting before the period at the end ‘‘, but 

only if the Secretary considers such action to be in the 

best interest of the United States’’. 

(2) SECRETARY OF THE NAVY.—Subsection (a) of section 

6161 of such title, as amended by subsection (b)(1), is further 

amended—

(A) by striking ‘‘If the’’ and all that follows through 

‘‘States, the Secretary’’ and inserting ‘‘The Secretary of 

the Navy’’; and 

(B) by inserting before the period at the end ‘‘, but 

only if the Secretary considers such action to be in the 

best interest of the United States’’. 

(3) SECRETARY OF THE AIR FORCE.—Subsection (a) of section 

9837 of such title, as amended by subsection (c)(1), is further 

amended—

(A) by striking ‘‘If the’’ and all that follows through 

‘‘States, the Secretary’’ and inserting ‘‘The Secretary of 

the Air Force’’; and 

(B) by inserting before the period at the end ‘‘, but 

only if the Secretary considers such action to be in the 

best interest of the United States’’. 

SEC. 674. PHASED RECOVERY OF OVERPAYMENTS OF PAY MADE TO 

MEMBERS OF THE UNIFORMED SERVICES. 

(a) PHASED RECOVERY REQUIRED; MAXIMUM MONTHLY INSTALL- MENT.—Subsection (c) of section 1007 of title 37, United States 

Code, is amended by adding at the end the following new paragraph: 

‘‘(3) If the indebtedness of a member of the uniformed services 

to the United States is due to the overpayment of pay or allowances 

to the member through no fault of the member, the amount of 

the overpayment shall be recovered in monthly installments. The 

amount deducted from the pay of the member for a month to 

recover the overpayment amount may not exceed 20 percent of 

the member’s pay for that month unless the member requests 

or consents to collection of the overpayment at an accelerated rate.’’. 
H. R. 5122—191

(b) RECOVERY DELAY FOR INJURED MEMBERS.—Such subsection 

is further amended by inserting after paragraph (3), as added 

by subsection (a), the following new paragraph: 

‘‘(4) If a member of the uniformed services is injured or wounded 

under the circumstances described in section 310(a)(2)(C) of this 

title or, while in the line of duty, incurs a wound, injury, or illness 

in a combat operation or combat zone designated by the Secretary 

of Defense, any overpayment of pay or allowances made to the 

member while the member recovers from the wound, injury, or 

illness may not be deducted from the member’s pay until—

‘‘(A) the end of the 90-day period beginning on the date 

on which the member is notified of the overpayment; or 

‘‘(B) such earlier date as may be requested or agreed to 

by the member.’’. 

(c) CONFORMING AMENDMENTS.—Such subsection is further 

amended—

(1) by inserting ‘‘(1)’’ before ‘‘Under regulations’’; 

(2) by striking ‘‘his pay’’ both places it appears and inserting 

‘‘the member’s pay’’; 

(3) by striking ‘‘However, after’’ and inserting the following: 

‘‘(2) After’’; and 

(4) by inserting ‘‘by a member of the uniformed services’’ 

after ‘‘actually received’’. 

SEC. 675. JOINT FAMILY SUPPORT ASSISTANCE PROGRAM. 

(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry 

out a joint family support assistance program for the purpose of 

providing to families of members of the Armed Forces the following 

types of assistance: 

(1) Financial and material assistance. 

(2) Mobile support services. 

(3) Sponsorship of volunteers and family support professionals for the delivery of support services. 

(4) Coordination of family assistance programs and activities provided by Military OneSource, Military Family Life 

Consultants, counselors, the Department of Defense, other Federal agencies, State and local agencies, and non-profit entities. 

(5) Facilitation of discussion on military family assistance 

programs, activities, and initiatives between and among the 

organizations, agencies, and entities referred to in paragraph 

(4). 

(6) Such other assistance that the Secretary considers 

appropriate. 

(b) LOCATIONS.—The Secretary of Defense shall carry out the 

program in not more than six areas of the United States selected 

by the Secretary. Up to three of the areas selected for the program 

shall be areas that are geographically isolated from military 

installations. 

(c) RESOURCES AND VOLUNTEERS.—The Secretary of Defense 

shall provide personnel and other resources of the Department 

of Defense necessary for the implementation and operation of the 

program and may accept and utilize the services of non-Government 

volunteers and non-profit entities under the program. 

(d) PROCEDURES.—The Secretary of Defense shall establish 

procedures for the operation of the program and for the provision 

of assistance to families of members of the Armed Forces under 

the program. 
H. R. 5122—192

(e) RELATION TO FAMILY SUPPORT CENTERS.—The program is 

not intended to operate in lieu of existing family support centers, 

but is instead intended to augment the activities of the family 

support centers. 

(f) IMPLEMENTATION PLAN.—

(1) PLAN REQUIRED.—Not later than 90 days after the date 

on which funds are first obligated for the program, the Secretary of Defense shall submit to the congressional defense 

committees a report setting forth a plan for the implementation 

of the program. 

(2) ELEMENTS.—The plan required under paragraph (1) 

shall include the following: 

(A) A description of the actions taken to select the 

areas in which the program will be conducted. 

(B) A description of the procedures established under 

subsection (d). 

(C) A review of proposed actions to be taken under 

the program to improve coordination of family assistance 

program and activities between and among the Department 

of Defense, other Federal agencies, State and local agencies, 

and non-profit entities. 

(g) REPORT.— (1) REPORT REQUIRED.—Not later than 270 days after the 

date on which funds are first obligated for the program, the 

Secretary of Defense shall submit to the congressional defense 

committees a report on the program. 

(2) ELEMENTS.—The report shall include the following: 

(A) A description of the program, including the areas 

in which the program is conducted, the procedures established under subsection (d) for operation of the program, 

and the assistance provided through the program for families of members of the Armed Forces. 

(B) An assessment of the effectiveness of the program 

in providing assistance to families of members of the Armed 

Forces. 

(C) An assessment of the advisability of extending 

the program or making it permanent. 

(h) DURATION.—The authority to carry out the program shall 

expire at the end of the three-year period beginning on the date 

on which funds are first obligated for the program. 

SEC. 676. SPECIAL WORKING GROUP ON TRANSITION TO CIVILIAN 

EMPLOYMENT OF NATIONAL GUARD AND RESERVE MEMBERS RETURNING FROM DEPLOYMENT IN OPERATION 

IRAQI FREEDOM OR OPERATION ENDURING FREEDOM. 

(a) WORKING GROUP REQUIRED.—The Secretary of Defense shall 

establish within the Department of Defense a working group to 

identify and assess the needs of members of the National Guard 

and Reserve returning from deployment in Operation Iraqi Freedom 

or Operation Enduring Freedom in making the transition to civilian 

employment on their return from such deployment. 

(b) MEMBERS.—

(1) APPOINTMENT.—Subject to paragraph (2), the Secretary 

of Defense shall appoint the members of the working group. 

The Secretary of Defense shall attempt to achieve a balance 

of members on the working group from among employees of 

the following agencies: 
H. R. 5122—193

(A) The Department of Defense. 

(B) The Department of Veterans Affairs. 

(C) The Department of Labor. 

(2) CONCURRENCE.—The appointment of employees of the 

Department of Veterans Affairs and the Department of Labor 

under paragraph (1) shall be subject to the concurrence of 

the Secretary of Veterans Affairs and the Secretary of Labor, 

respectively. 

(c) RESPONSIBILITIES.—The working group shall—

(1) identify and assess the needs of members of the National 

Guard and Reserve returning from deployment in Operation 

Iraqi Freedom or Operation Enduring Freedom in making the 

transition to civilian employment on their return from deployment, including the needs of—

(A) members who were self-employed before deployment and seek to return to such employment after deployment; 

(B) members who were students before deployment 

and seek to return to school or commence employment 

after deployment; 

(C) members who have experienced multiple recent 

deployments; and 

(D) members who have been wounded or injured during 

deployment; 

(2) identify and assess the extent to which such members 

receive promotions on their return from deployment in Operation Iraqi Freedom or Operation Enduring Freedom or experience constructive termination by their employers as a result 

of such deployment; and 

(3) develop recommendations on means of improving assistance to such members in meeting the needs identified in paragraph (1) on their return from deployment in Operation Iraqi 

Freedom or Operation Enduring Freedom. 

(d) CONSULTATION.—In carrying out its responsibilities under 

subsection (c), the working group shall consult with the following: 

(1) Employees of the Small Business Administration. 

(2) Representatives of employers that employ, and associations of employers whose members employ, members of the 

National Guard and Reserve deployed in Operation Iraqi 

Freedom or Operation Enduring Freedom. 

(3) Representatives of employee assistance organizations. 

(4) Representatives of organizations that assist wounded 

or injured members of the National Guard and Reserves in 

finding or sustaining employment. 

(5) Representatives of such other public or private organizations and entities as the working group considers appropriate. 

(e) REPORT.—

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the working group established 

under subsection (a) shall submit to the Secretary of Defense 

and Congress a report on its activities under subsection (c). 

(2) ELEMENTS.—The report shall include the following: 

(A) The results of the identifications and assessments 

required under subsection (c). 

(B) The recommendations developed under subsection 

(c)(3), including recommendations on the following: 
H. R. 5122—194

(i) The provision of outreach and training to 

employers, employment assistance organizations, and 

associations of employers on the employment and 

transition needs of members of the National Guard 

and Reserve returning from deployment in Operation 

Iraqi Freedom or Operation Enduring Freedom. 

(ii) The provision of outreach and training to 

employers, employment assistance organizations, and 

associations of employers on the needs of family members of such members. 

(iii) The improvement of collaboration between the 

public and private sectors in order to ensure the 

successful transition of such members into civilian 

employment upon their return from such deployment. 

(3) AVAILABILITY TO PUBLIC.—The Secretary shall take 

appropriate actions to make the report available to the public, 

including through the Internet website of the Department of 

Defense. 

(f) TERMINATION.—The working group shall terminate on the 

date that is two years after the date of the enactment of this 

Act. 

(g) EMPLOYMENT ASSISTANCE ORGANIZATION DEFINED.—In this 

section, the term ‘‘employment assistance organization’’ means an 

organization or entity, whether public or private, that provides 

assistance to individuals in finding or retaining employment, 

including organizations and entities under military career support 

programs. 

SEC. 677. AUDIT OF PAY ACCOUNTS OF MEMBERS OF THE ARMY 

EVACUATED FROM A COMBAT ZONE FOR INPATIENT CARE. 

(a) AUDIT REQUIRED.—The Secretary of the Army shall conduct 

a complete audit of the pay accounts of each member of the Army 

wounded or injured in a combat zone who was evacuated from 

a theater of operations for inpatient care during the period beginning on May 1, 2005, and ending on April 30, 2006. 

(b) REPORT ON RESULTS OF AUDIT.— (1) REPORT REQUIRED.—Not later than 120 days after the 

date of the enactment of this Act, the Secretary shall submit 

to the congressional defense committees a report on the audit 

conducted under subsection (a). 

(2) IDENTIFICATION OF MEMBERS.—The report shall include 

a list of each member of the Army described in subsection 

(a) identified, in a manner that protects the privacy of the 

members, by—

(A) the date of the wound or injury that is the basis 

for the inclusion of the member on the list; and 

(B) the grade of the member and unit designation 

as of that date. 

(3) ADDITIONAL REPORT ELEMENTS.—For each member 

included on the list prepared under paragraph (2), the report 

shall include the following: 

(A) A statement of any underpayment of each of any 

pay, allowance, or other monetary benefit to which the 

member was entitled during the period beginning on the 

date on which the wound or injury was incurred and ending 

on April 30, 2006, including basic pay, hazardous duty 

pay, imminent danger pay, basic allowance for housing, 
H. R. 5122—195

basic allowance for subsistence, any family separation 

allowance, any tax exclusion for combat duty, and any 

other pay, allowance, or monetary benefit to which such 

member was entitled during such period. 

(B) A statement of any disbursements made to correct 

underpayments made to the member, as identified under 

subparagraph (A). 

(C) A statement of any debts to the United States 

collected or pending collection from the member. 

(D) A statement of any reimbursements or debt relief 

granted to the member for a debt identified under subparagraph (C). 

(E) If the member has applied to the United States 

for a relief of debt—

(i) a description of the nature of the debt for which 

relief was applied; and 

(ii) a description of the disposition of the application, including—

(I) if relief was granted, the date of disbursement of relief; and 

(II) if relief was denied, the reasons for the 

denial of relief. 

(F) A report of any referral of the member to a collection or credit agency. 

(4) FORM OF REPORT.—The report shall be submitted in 

unclassified form, but may include a classified annex. 

SEC. 678. REPORT ON ELIGIBILITY AND PROVISION OF ASSIGNMENT 

INCENTIVE PAY. 

Not later than 60 days after the date of the enactment of 

this Act, the Secretary of the Army shall submit to Congress a 

report—

(1) specifying the number of members of the Army National 

Guard and the Army Reserve adversely affected by the disparate treatment afforded to members who previously served 

under a call or order to active duty under section 12304 of 

title 10, United States Code, in determining eligibility for 

assignment incentive pay; and 

(2) containing proposed remedies or courses of action to 

correct this disparity, including allowing time served during 

a call or order to active duty under such section 12304 to 

count toward the time needed to qualify for assignment incentive pay. 

SEC. 679. SENSE OF CONGRESS CALLING FOR PAYMENT TO WORLD 

WAR II VETERANS WHO SURVIVED BATAAN DEATH MARCH. 

(a) CALL FOR APPROPRIATE COMPENSATION.—It is the sense 

of Congress that—

(1) there should be paid to each living Bataan Death March 

survivor an appropriate amount of compensation in recognition 

of their captivity during World War II; and 

(2) in the case of a Bataan Death March survivor who 

is deceased, but who has an unremarried surviving spouse, 

such compensation should be paid to that surviving spouse. 

(b) BATAAN DEATH MARCH SURVIVOR.—In this section, the term 

‘‘Bataan Death March survivor’’ means an individual who as a 

member of the Armed Forces during World War II was captured 

on the peninsula of Bataan or island of Corregidor in the territory 
H. R. 5122—196

of the Philippines by Japanese forces and participated in and survived the Bataan Death March. 

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—TRICARE Program Improvements 

Sec. 701. TRICARE coverage for forensic examination following sexual assault or 

domestic violence. 

Sec. 702. Authorization of anesthesia and other costs for dental care for children 

and certain other patients. Sec. 703. Improvements to descriptions of cancer screening for women. 

Sec. 704. Prohibition on increases in certain health care costs for members of the 

uniformed services. 

Sec. 705. Demonstration project on coverage of selected over-the-counter drugs 

under the pharmacy benefits program. Sec. 706. Expanded eligibility of Selected Reserve members under TRICARE program. Sec. 707. Relationship between the TRICARE program and employer-sponsored 

group health care plans. Sec. 708. Temporary prohibition on increase in copayments under retail pharmacy 

system of pharmacy benefits program. 

Subtitle B—Studies and Reports 

Sec. 711. Department of Defense task force on the future of military health care. 

Sec. 712. Study relating to chiropractic health care services. 

Sec. 713. Comptroller General audits of Department of Defense health care costs 

and cost-saving measures. Sec. 714. Transfer of custody of the Air Force Health Study assets to Medical Follow-up Agency. Sec. 715. Study on allowing dependents of activated members of reserve components to retain civilian health care coverage. Sec. 716. Study of health effects of exposure to depleted uranium. 

Sec. 717. Report and plan on services to military dependent children with autism. 

Sec. 718. Comptroller General study on Department of Defense pharmacy benefits 

program. Sec. 719. Review of Department of Defense medical quality improvement program. 

Sec. 720. Report on distribution of hemostatic agents for use in the field. 

Sec. 721. Longitudinal study on traumatic brain injury incurred by members of the 

Armed Forces in Operation Iraqi Freedom and Operation Enduring 

Freedom. 

Subtitle C—Planning, Programming, and Management 

Sec. 731. Standardization of claims processing under TRICARE program and Medicare program. Sec. 732. Requirements for support of military treatment facilities by civilian contractors under TRICARE. 

Sec. 733. Standards and tracking of access to health care services for wounded, injured, or ill servicemembers returning to the United States from a combat zone. 

Sec. 734. Disease and chronic care management. 

Sec. 735. Additional elements of assessment of Department of Defense task force on 

mental health relating to mental health of members who were deployed 

in Operation Iraqi Freedom and Operation Enduring Freedom. Sec. 736. Additional authorized option periods for extension of current contracts 

under TRICARE. 

Sec. 737. Military vaccination matters. 

Sec. 738. Enhanced mental health screening and services for members of the 

Armed Forces. 

Subtitle D—Other Matters 

Sec. 741. Pilot projects on early diagnosis and treatment of post traumatic stress 

disorder and other mental health conditions. 

Sec. 742. Requirement to certify and report on conversion of military medical and 

dental positions to civilian medical and dental positions. Sec. 743. Three-year extension of joint incentives program on sharing of health care 

resources by the Department of Defense and Department of Veterans 

Affairs. 

Sec. 744. Training curricula for family caregivers on care and assistance for members and former members of the Armed Forces with traumatic brain injury. 
H. R. 5122—197

Sec. 745. Recognition of Representative Lane Evans upon his retirement from the 

House of Representatives.

Subtitle A—TRICARE Program 

Improvements 

SEC. 701. TRICARE COVERAGE FOR FORENSIC EXAMINATION FOLLOWING SEXUAL ASSAULT OR DOMESTIC VIOLENCE. 

Section 1079(a) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(17) Forensic examinations following a sexual assault or 

domestic violence may be provided.’’. 

SEC. 702. AUTHORIZATION OF ANESTHESIA AND OTHER COSTS FOR 

DENTAL CARE FOR CHILDREN AND CERTAIN OTHER 

PATIENTS. 

Paragraph (1) of section 1079(a) of title 10, United States 

Code, is amended to read as follows: 

‘‘(1) With respect to dental care—

‘‘(A) except as provided in subparagraph (B), only that 

care required as a necessary adjunct to medical or surgical 

treatment may be provided; and 

‘‘(B) in connection with dental treatment for patients 

with developmental, mental, or physical disabilities or for 

pediatric patients age 5 or under, only institutional and 

anesthesia services may be provided.’’. 

SEC. 703. IMPROVEMENTS TO DESCRIPTIONS OF CANCER SCREENING 

FOR WOMEN. 

(a) TERMS RELATED TO PRIMARY AND PREVENTIVE HEALTH CARE

SERVICES FOR WOMEN.—Section 1074d of title 10, United States 

Code, is amended—

(1) in subsection (a)(1), by adding at the end the following 

new sentence: ‘‘The services described in paragraphs (1) and 

(2) of subsection (b) shall be provided under such procedures 

and at such intervals as the Secretary of Defense shall prescribe.’’; and 

(2) in subsection (b)—

(A) in paragraph (1), by striking ‘‘Papanicolaou tests 

(pap smear)’’ and inserting ‘‘Cervical cancer screening’’; 

and 

(B) in paragraph (2), by striking ‘‘Breast examinations 

and mammography’’ and inserting ‘‘Breast cancer 

screening’’. 

(b) TERMS RELATED TO CONTRACTS FOR MEDICAL CARE FOR

SPOUSES AND CHILDREN.—Section 1079(a)(2) of such title is 

amended—

(1) in the matter preceding subparagraph (A), by striking 

‘‘the schedule of pap smears and mammograms’’ and inserting 

‘‘the schedule and method of cervical cancer screenings and 

breast cancer screenings’’; and 

(2) in subparagraph (B), by striking ‘‘pap smears and 

mammograms’’ and inserting ‘‘cervical and breast cancer 

screenings’’. 
H. R. 5122—198

SEC. 704. PROHIBITION ON INCREASES IN CERTAIN HEALTH CARE 

COSTS FOR MEMBERS OF THE UNIFORMED SERVICES. 

(a) PROHIBITION ON INCREASE IN CHARGES UNDER CONTRACTS

FOR MEDICAL CARE.—Section 1097(e) of title 10, United States 

Code, is amended by adding at the end the following: ‘‘A premium, 

deductible, copayment, or other charge prescribed by the Secretary 

under this subsection may not be increased during the period beginning on April 1, 2006, and ending on September 30, 2007.’’. 

(b) PROHIBITION ON INCREASE IN CHARGES FOR INPATIENT

CARE.—Section 1086(b)(3) of title 10, United States Code, is 

amended by inserting after ‘‘charges for inpatient care’’ the following: ‘‘, except that in no case may the charges for inpatient 

care for a patient exceed $535 per day during the period beginning 

on April 1, 2006, and ending on September 30, 2007.’’. 

(c) PROHIBITION ON INCREASE IN PREMIUMS UNDER TRICARE 

COVERAGE FOR CERTAIN MEMBERS IN THE SELECTED RESERVE.—

Section 1076d(d)(3) of title 10, United States Code, is amended 

by adding at the end the following: ‘‘During the period beginning 

on April 1, 2006, and ending on September 30, 2007, the monthly 

amount of the premium may not be increased above the amount 

in effect for the month of March 2006.’’. 

(d) PROHIBITION ON INCREASE IN PREMIUMS UNDER TRICARE 

COVERAGE FOR MEMBERS OF THE READY RESERVE.—Section 

1076b(e)(3) of title 10, United States Code, is amended by adding 

at the end the following: ‘‘During the period beginning on April 

1, 2006, and ending on September 30, 2007, the monthly amount 

of a premium under paragraph (2) may not be increased above 

the amount in effect for the first month health care is provided 

under this section as amended by Public Law 109–163.’’. 

SEC. 705. DEMONSTRATION PROJECT ON COVERAGE OF SELECTED 

OVER-THE-COUNTER DRUGS UNDER THE PHARMACY 

BENEFITS PROGRAM. 

(a) REQUIREMENT TO CONDUCT DEMONSTRATION.—The Secretary of Defense shall conduct a demonstration project under section 1092 of title 10, United States Code, to allow particular overthe-counter drugs to be included on the uniform formulary under 

section 1074g of such title. 

(b) ELEMENTS OF DEMONSTRATION PROJECT.—

(1) INCLUSION OF CERTAIN OVER-THE-COUNTER DRUGS.—(A) 

As part of the demonstration project, the Secretary shall modify 

uniform formulary specifications under section 1074g(a) of such 

title to include an over-the-counter drug (referred to in this 

section as an ‘‘OTC drug’’) on the uniform formulary if the 

Pharmacy and Therapeutics Committee finds that the OTC 

drug is cost-effective and therapeutically equivalent to a 

prescription drug. If the Pharmacy and Therapeutics Committee 

makes such a finding, the OTC drug shall be considered to 

be in the same therapeutic class of pharmaceutical agents 

as the prescription drug. 

(B) An OTC drug shall be made available to a beneficiary 

through the demonstration project, but only if—

(i) the beneficiary has a prescription for a drug 

requiring a prescription; and 

(ii) pursuant to subparagraph (A), the OTC drug—

(I) is on the uniform formulary; and 
H. R. 5122—199

(II) has been determined to be therapeutically 

equivalent to the prescription drug. 

(2) CONDUCT THROUGH MILITARY FACILITIES, RETAIL PHARMACIES, OR MAIL ORDER PROGRAM.—The Secretary shall conduct 

the demonstration project through at least two of the means 

described in subparagraph (E) of section 1074g(a)(2)(E) of such 

title through which OTC drugs are provided and may conduct 

the demonstration project throughout the entire pharmacy 

benefits program or at a limited number of sites. If the project 

is conducted at a limited number of sites, the number of sites 

shall be not less than five in each TRICARE region for each 

of the two means described in such subparagraph. 

(3) PERIOD OF DEMONSTRATION.—The Secretary shall provide for conducting the demonstration project for a period of 

time necessary to evaluate the feasibility and cost effectiveness 

of the demonstration. Such period shall be at least as long 

as the period covered by pharmacy contracts in existence on 

the date of the enactment of this Act (including any extensions 

of the contracts), or five years, whichever is shorter. 

(4) IMPLEMENTATION DEADLINE.—Implementation of the 

demonstration project shall begin not later than May 1, 2007. 

(c) EVALUATION OF DEMONSTRATION PROJECT.—The Secretary 

shall evaluate the demonstration project for the following: 

(1) The costs and benefits of providing OTC drugs under 

the pharmacy benefits program in each of the means chosen 

by the Secretary to conduct the demonstration project. 

(2) The clinical effectiveness of providing OTC drugs under 

the pharmacy benefits program. 

(3) Customer satisfaction with the demonstration project. 

(d) REPORT.—Not later than two years after implementation 

of the demonstration project begins, the Secretary shall submit 

to the Committees on Armed Services of the Senate and House 

of Representatives a report on the demonstration project. The report 

shall contain—

(1) the evaluation required by subsection (c); 

(2) recommendations for improving the provision of OTC 

drugs under the pharmacy benefits program; and 

(3) recommendations on whether permanent authority 

should be provided to cover OTC drugs under the pharmacy 

benefits program. 

(e) CONTINUATION OF DEMONSTRATION PROJECT.—If the Secretary recommends in the report under subsection (d) that permanent authority should be provided, the Secretary may continue 

the demonstration project for up to one year after submitting the 

report. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘drug’’ means a drug, including a biological 

product, within the meaning of section 1074g(f)(2) of title 10, 

United States Code. 

(2) The term ‘‘OTC drug’’ has the meaning indicated for 

such term in subsection (b)(1)(A). 

(3) The term ‘‘over-the-counter drug’’ means a drug that 

is not subject to section 503(b) of the Federal Food, Drug, 

and Cosmetic Act. 

(4) The term ‘‘prescription drug’’ means a drug that is 

subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act. 
H. R. 5122—200

SEC. 706. EXPANDED ELIGIBILITY OF SELECTED RESERVE MEMBERS 

UNDER TRICARE PROGRAM. 

(a) GENERAL ELIGIBILITY.—Subsection (a) of section 1076d of 

title 10, United States Code, is amended—

(1) by striking ‘‘(a) ELIGIBILITY.—A member’’ and inserting 

‘‘(a) ELIGIBILITY.—(1) Except as provided in paragraph (2), a 

member’’; 

(2) by striking ‘‘after the member completes’’ and all that 

follows through ‘‘one or more whole years following such date’’; 

and 

(3) by adding at the end the following new paragraph: 

‘‘(2) Paragraph (1) does not apply to a member who is enrolled, 

or is eligible to enroll, in a health benefits plan under chapter 

89 of title 5.’’. 

(b) CONDITION FOR TERMINATION OF ELIGIBILITY.—Subsection 

(b) of such section is amended—

(1) by striking ‘‘(b) PERIOD OF COVERAGE.—(1) TRICARE 

Standard’’ and all that follows through ‘‘(4) Eligibility’’ and 

inserting ‘‘(b) TERMINATION OF ELIGIBILITY UPON TERMINATION

OF SERVICE.—Eligibility’’; and 

(2) by striking paragraph (5). 

(c) CONFORMING AMENDMENTS.—

(1) Such section is further amended—

(A) by striking subsection (e); 

(B) by redesignating subsection (g) as subsection (e) 

and transferring such subsection within such section so 

as to appear following subsection (d); and 

(C) by striking paragraph (3) of subsection (f). 

(2) The heading for such section is amended to read as 

follows: 

‘‘§ 1076d. TRICARE program: TRICARE standard coverage 

for members of the Selected Reserve’’. 

(d) REPEAL OF OBSOLETE PROVISION.—Effective October 1, 2007, 

section 1076b of title 10, United States Code, is repealed. 

(e) CLERICAL AMENDMENTS.—Effective October 1, 2007, the 

table of sections at the beginning of chapter 55 of title 10, United 

States Code, is amended—

(1) by striking the item relating to section 1076b; and 

(2) by striking the item relating to section 1076d and 

inserting the following:

‘‘1076d. TRICARE program: TRICARE Standard coverage for members of the Selected Reserve.’’.

(f) SAVINGS PROVISION.—Enrollments in TRICARE Standard 

that are in effect on the day before the date of the enactment 

of this Act under section 1076d of title 10, United States Code, 

as in effect on such day, shall be continued until terminated after 

such day under such section 1076d as amended by this section. 

(g) EFFECTIVE DATE.—The Secretary of Defense shall ensure 

that health care under TRICARE Standard is provided under section 1076d of title 10, United States Code, as amended by this 

section, beginning not later than October 1, 2007. 
H. R. 5122—201

SEC. 707. RELATIONSHIP BETWEEN THE TRICARE PROGRAM AND 

EMPLOYER-SPONSORED GROUP HEALTH CARE PLANS. 

(a) IN GENERAL.—Chapter 55 of title 10, United States Code, 

is amended by inserting after section 1097b the following new 

section: 

‘‘§ 1097c. TRICARE program: relationship with employersponsored group health plans 

‘‘(a) PROHIBITION ON FINANCIAL INCENTIVES NOT TO ENROLL

IN A GROUP HEALTH PLAN.—(1) Except as provided in this subsection, the provisions of section 1862(b)(3)(C) of the Social Security 

Act shall apply with respect to financial or other incentives for 

a TRICARE-eligible employee not to enroll (or to terminate enrollment) under a health plan which would (in the case of such enrollment) be a primary plan under sections 1079(j)(1) and 1086(g) 

of this title in the same manner as such section 1862(b)(3)(C) 

applies to financial or other incentives for an individual entitled 

to benefits under title XVIII of the Social Security Act not to 

enroll (or to terminate enrollment) under a group health plan or 

a large group health plan which would (in the case of enrollment) 

be a primary plan (as defined in section 1862(b)(2)(A) of such 

Act). 

‘‘(2)(A) The Secretary of Defense may by regulation adopt such 

additional exceptions to the prohibition referenced and applied 

under paragraph (1) as the Secretary deems appropriate and such 

paragraph (1) shall be implemented taking into account the adoption 

of such exceptions. 

‘‘(B) The Secretary of Defense and the Secretary of Health 

and Human Services are authorized to enter into agreements for 

carrying out this subsection. Any such agreement shall provide 

that any expenses incurred by the Secretary of Health and Human 

Services pertaining to carrying out this subsection shall be 

reimbursed by the Secretary of Defense. 

‘‘(C) Authorities of the Inspector General of the Department 

of Defense shall be available for oversight and investigations of 

responsibilities of employers and other entities under this subsection. 

‘‘(D) Information obtained under section 1095(k) of this title 

may be used in carrying out this subsection in the same manner 

as information obtained under section 1862(b)(5) of the Social Security Act may be used in carrying out section 1862(b) of such Act. 

‘‘(E) Any amounts collected in carrying out paragraph (1) shall 

be handled in accordance with section 1079a of this title. 

‘‘(b) ELECTION OF TRICARE-ELIGIBLE EMPLOYEES TO PARTICIPATE IN GROUP HEALTH PLAN.—A TRICARE-eligible employee shall 

have the opportunity to elect to participate in the group health 

plan offered by the employer of the employee and receive primary 

coverage for health care services under the plan in the same manner 

and to the same extent as similarly situated employees of such 

employer who are not TRICARE-eligible employees. 

‘‘(c) INAPPLICABILITY TO CERTAIN EMPLOYERS.—The provisions 

of this section do not apply to any employer who has fewer than 

20 employees. 

‘‘(d) RETENTION OF ELIGIBILITY FOR COVERAGE UNDER

TRICARE.—Nothing in this section, including an election made 

by a TRICARE-eligible employee under subsection (b), shall be 

construed to affect, modify, or terminate the eligibility of a 
H. R. 5122—202

TRICARE-eligible employee or spouse of such employee for health 

care or dental services under this chapter in accordance with the 

other provisions of this chapter. 

‘‘(e) OUTREACH.—The Secretary of Defense shall, in coordination 

with the other administering Secretaries, conduct outreach to 

inform covered beneficiaries who are entitled to health care benefits 

under the TRICARE program of the rights and responsibilities 

of such beneficiaries and employers under this section. 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The term ‘employer’ includes a State or unit of local 

government. 

‘‘(2) The term ‘group health plan’ means a group health 

plan (as that term is defined in section 5000(b)(1) of the Internal 

Revenue Code of 1986 without regard to section 5000(d) of 

the Internal Revenue Code of 1986). 

‘‘(3) The term ‘TRICARE-eligible employee’ means a covered 

beneficiary under section 1086 of this title entitled to health 

care benefits under the TRICARE program. 

‘‘(g) EFFECTIVE DATE.—This section shall take effect on January 

1, 2008.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 55 of such title is amended by inserting after 

the item relating to section 1097b the following new item:

‘‘1097c. TRICARE program: relationship with employer-sponsored group health 

plans.’’.

SEC. 708. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS 

UNDER RETAIL PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM. 

(a) TEMPORARY PROHIBITION.—During the period beginning on 

October 1, 2006, and ending on September 30, 2007, the cost sharing 

requirements established under paragraph (6) of section 1074g of 

title 10, United States Code, for pharmaceutical agents available 

through retail pharmacies covered by paragraph (2)(E)(ii) of such 

section may not exceed amounts as follows: 

(1) In the case of generic agents, $3. 

(2) In the case of formulary agents, $9. 

(3) In the case of nonformulary agents, $22. 

(b) TRANSFER OF FUNDS.—The Secretary of Defense shall 

transfer $186,000,000 from the unobligated balances of the National 

Defense Stockpile Transaction Fund to the Department of Defense 

Medicare-Eligible Retiree Health Care Fund. 

Subtitle B—Studies and Reports 

SEC. 711. DEPARTMENT OF DEFENSE TASK FORCE ON THE FUTURE 

OF MILITARY HEALTH CARE. 

(a) REQUIREMENT TO ESTABLISH.—The Secretary of Defense 

shall establish within the Department of Defense a task force 

to examine matters relating to the future of military health care. 

(b) COMPOSITION.—

(1) MEMBERS.—The task force shall consist of not more 

than 14 members appointed by the Secretary of Defense from 

among individuals described in paragraph (2) who have demonstrated expertise in the area of health care programs and 

costs. 
H. R. 5122—203

(2) RANGE OF MEMBERS.—The individuals appointed to the 

task force shall include—

(A) at least one member of each of the Medical Departments of the Army, Navy, and Air Force; 

(B) a number of persons from outside the Department 

of Defense equal to the total number of personnel from 

within the Department of Defense (whether members of 

the Armed Forces or civilian personnel) who are appointed 

to the task force; 

(C) persons who have experience in—

(i) health care actuarial forecasting; 

(ii) health care program and budget development; 

(iii) health care information technology; 

(iv) health care performance measurement; 

(v) health care quality improvement including evidence-based medicine; and 

(vi) women’s health; 

(D) the senior medical advisor to the Chairman of 

the Joint Chiefs of Staff; 

(E) the Director of Defense Procurement and Acquisition Policy in the Office of the Under Secretary of Defense 

for Acquisition, Technology, and Logistics; 

(F) at least one member from the Defense Business 

Board; 

(G) at least one representative from an organization 

that advocates on behalf of active duty and retired members 

of the Armed Forces who has experience in health care; 

and 

(H) at least one member from the Institute of Medicine. 

(3) INDIVIDUALS APPOINTED OUTSIDE THE DEPARTMENT OF

DEFENSE.—

(A) Individuals appointed to the task force from outside 

the Department of Defense may include officers or 

employees of other departments or agencies of the Federal 

Government, officers or employees of State and local 

governments, or individuals from the private sector. 

(B) Individuals appointed to the task force from outside 

the Department of Defense shall include—

(i) an officer or employee of the Department of 

Veterans Affairs; and 

(ii) an officer or employee of the Department of 

Health and Human Services. 

(4) DEADLINE FOR APPOINTMENT.—All appointments of 

individuals to the task force shall be made not later than 

90 days after the date of the enactment of this Act. 

(5) CO-CHAIRS OF TASK FORCE.—There shall be two cochairs of the task force. One of the co-chairs shall be designated 

by the Secretary of Defense at the time of appointment from 

among the Department of Defense personnel appointed to the 

task force. The other co-chair shall be selected from among 

the members appointed from outside the Department of Defense 

by members so appointed. 

(c) ASSESSMENT AND RECOMMENDATIONS ON THE FUTURE OF

MILITARY HEALTH CARE.— (1) IN GENERAL.—Not later than 12 months after the date 

on which all members of the task force have been appointed, 

the task force shall submit to the Secretary a report containing 
H. R. 5122—204

an assessment of, and recommendations for, sustaining the 

military health care services being provided to members of 

the Armed Forces, retirees, and their families. 

(2) UTILIZATION OF OTHER EFFORTS.—In preparing the 

report, the task force shall take into consideration the findings 

and recommendations included in the Healthcare for Military 

Retirees Task Group of the Defense Business Board, previous 

Government Accountability Office reports, studies and reviews 

by the Assistant Secretary of Defense for Health Affairs, and 

any other studies or research conducted by organizations 

regarding program and organizational improvements to the 

military health care system. 

(3) ELEMENTS.—The assessment and recommendations 

(including recommendations for legislative or administrative 

action) shall include measures to address the following: 

(A) Wellness initiatives and disease management programs of the Department of Defense, including health risk 

tracking and the use of rewards for wellness. 

(B) Education programs focused on prevention awareness and patient-initiated health care. 

(C) The ability to account for the true and accurate 

cost of health care in the military health system. 

(D) Alternative health care initiatives to manage 

patient behavior and costs, including options and costs 

and benefits of a universal enrollment system for all 

TRICARE users. 

(E) The appropriate command and control structure 

within the Department of Defense and the Armed Forces 

to manage the military health system. 

(F) The adequacy of the military health care procurement system, including methods to streamline existing 

procurement activities. 

(G) The appropriate mix of military and civilian personnel to meet future readiness and high-quality health 

care service requirements. 

(H) The beneficiary and Government cost sharing 

structure required to sustain military health benefits over 

the long term. 

(I) Programs focused on managing the health care 

needs of Medicare-eligible military beneficiaries. 

(J) Efficient and cost effective contracts for health care 

support and staffing services, including performance-based 

requirements for health care provider reimbursement. 

(d) ADMINISTRATIVE MATTERS.—

(1) COMPENSATION.—Each member of the task force who 

is a member of the Armed Forces or a civilian officer or 

employee of the United States shall serve without compensation 

(other than compensation to which entitled as a member of 

the Armed Forces or an officer or employee of the United 

States, as the case may be). Other members of the task force 

shall be treated for purposes of section 3161 of title 5, United 

States Code, as having been appointed under subsection (b) 

of such section. 

(2) OVERSIGHT.—The Under Secretary of Defense for Personnel and Readiness shall oversee the activities of the task 

force. 
H. R. 5122—205

(3) ADMINISTRATIVE SUPPORT.—The Washington Headquarters Services of the Department of Defense shall provide 

the task force with personnel, facilities, and other administrative support as necessary for the performance of the duties 

of the task force. 

(4) ACCESS TO FACILITIES.—The Under Secretary of Defense 

for Personnel and Readiness shall, in coordination with the 

Secretaries of the military departments, ensure appropriate 

access by the task force to military installations and facilities 

for purposes of the discharge of the duties of the task force. 

(e) REPORTS.—

(1) INTERIM REPORT.—Not later than May 31, 2007, the 

task force shall submit to the Secretary of Defense and the 

Committees on Armed Services of the Senate and the House 

of Representatives an interim report on the activities of the 

task force. At a minimum, the report shall include interim 

findings and recommendations regarding subsection (c)(3)(H), 

particularly with regard to cost sharing under the pharmacy 

benefits program. 

(2) FINAL REPORT.—(A) The task force shall submit to the 

Secretary of Defense a final report on its activities under this 

section. The report shall include—

(i) a description of the activities of the task force; 

(ii) the assessment and recommendations required by 

subsection (c); and 

(iii) such other matters relating to the activities of 

the task force that the task force considers appropriate. 

(B) Not later than 90 days after receipt of the report 

under subparagraph (A), the Secretary shall transmit the report 

to the Committees on Armed Services of the Senate and the 

House of Representatives. The Secretary may include in the 

transmittal such comments on the report as the Secretary 

considers appropriate. 

(f) TERMINATION.—The task force shall terminate 90 days after 

the date on which the final report of the task force is transmitted 

to Congress under subsection (e)(2). 

SEC. 712. STUDY RELATING TO CHIROPRACTIC HEALTH CARE SERVICES. 

(a) STUDY REQUIRED.— (1) GROUPS COVERED.—The Secretary of Defense shall conduct a study of providing chiropractic health care services and 

benefits to the following groups: 

(A) All members of the uniformed services on active 

duty and entitled to care under section 1074(a) of title 

10, United States Code. 

(B) All members described in subparagraph (A) and 

their eligible dependents, and all members of the Selected 

Reserves and their eligible dependents. 

(C) All members or former members of the uniformed 

services who are entitled to retired or retainer pay or 

equivalent pay and their eligible dependents. 

(2) MATTERS EXAMINED.—

(A) For each group listed in subparagraphs (A), (B), 

and (C) of paragraph (1), the study shall examine the 

following with respect to chiropractic health care services 

and benefits: 
H. R. 5122—206

(i) The cost of providing such services and benefits. 

(ii) The feasibility of providing such services and 

benefits. 

(iii) An assessment of the health care benefits of 

providing such services and benefits. 

(iv) An estimate of the potential cost savings of 

providing such services and benefits in lieu of other 

medical services. 

(v) The identification of existing and planned 

health care infrastructure, including personnel, equipment, and facilities, to accommodate the provision of 

chiropractic health care services. 

(B) For the members of the group listed in subparagraph (A) of paragraph (1), the study shall also examine 

the effects of providing chiropractic health care services 

and benefits—

(i) on the readiness of such members; and 

(ii) on the acceleration of the return to duty of 

such members following an identified injury or other 

malady that can be appropriately treated with chiropractic health care services. 

(3) SPACE AVAILABLE COSTS.—The study shall also include 

a detailed analysis of the projected costs of providing chiropractic health care services on a space available basis in the 

military treatment facilities currently providing chiropractic 

care under section 702 of the Floyd D. Spence National Defense 

Authorization Act of Fiscal Year 2001 (as enacted by Public 

Law 106–398; 10 U.S.C. 1092 note). 

(4) ELIGIBLE DEPENDENT DEFINED.—In this section, the 

term ‘‘eligible dependent’’ has the meaning given that term 

in section 1076a(k) of title 10, United States Code. 

(b) REPORT REQUIRED.—Not later than March 31, 2008, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on the study required under subsection (a). 

SEC. 713. COMPTROLLER GENERAL AUDITS OF DEPARTMENT OF 

DEFENSE HEALTH CARE COSTS AND COST-SAVING MEASURES. 

(a) GENERAL AUDIT REQUIRED.—

(1) IN GENERAL.—The Comptroller General of the United 

States, in cooperation with the Director of the Congressional 

Budget Office, shall conduct an audit of the Department of 

Defense initiative to manage future medical benefits available 

through the Department known as ‘‘Sustain the Benefit’’. 

(2) ELEMENTS.—The audit required by paragraph (1) shall 

examine the following: 

(A) The basis for the calculation by the Department 

of Defense of the portion of the costs of health care benefits 

provided by the Department to beneficiaries that were paid 

by such beneficiaries in each of 1995 and 2005, including—

(i) a comparison of the cost to the Department 

of providing such benefits in each of 1995 and 2005; 

(ii) the explanation for any increases in the costs 

of the Department of providing such benefits between 

1995 and 2005; and 
H. R. 5122—207

(iii) a comparison of the amounts paid, by category 

of beneficiaries, for health care benefits in 1995 with 

the amounts paid, by category of beneficiaries, for such 

benefits in 2005. 

(B) The calculations and assumptions utilized by the 

Department in estimating the savings anticipated through 

the implementation of proposed increases in cost-sharing 

for health care benefits beginning in 2007. 

(C) The average annual rate of increase, based on 

inflation, of medical costs for the Department under the 

Defense Health Program. 

(D) The annual rate of growth in the cost of the Defense 

Health Program that is attributable to inflation in the 

cost of medical services over the last five years and how 

such rate of growth compares with annual rates of increases 

in health care premiums under the Federal Employee 

Health Benefit Program and other health care programs 

as well as rates of growth of other health care cost indices 

over that time. 

(E) The assumptions utilized by the Department in 

estimating savings associated with adjustments in copayments for pharmaceuticals. 

(F) The costs of the administration of the Defense 

Health Program and the TRICARE program for all categories of beneficiaries. 

(b) AUDIT OF TRICARE RESERVE SELECT PROGRAM.— (1) IN GENERAL.—In addition to the audit required by subsection (a), the Comptroller General shall conduct an audit 

of the costs of the Department of Defense in implementing 

the TRICARE Reserve Select Program. 

(2) ELEMENTS.—The audit required by paragraph (1) shall 

include an examination of the following: 

(A) A comparison of the annual premium amounts 

established by the Department of Defense for the TRICARE 

Reserve Select Program with the actual costs of the Department in providing benefits under that program in fiscal 

years 2004 and 2005. 

(B) The rate of inflation of health care costs of the 

Department during fiscal years 2004 and 2005, and a 

comparison of that rate of inflation with the annual 

increase in premiums under the TRICARE Reserve Select 

Program in January 2006. 

(C) A comparison of the financial and health-care utilization assumptions utilized by the Department in establishing premiums under the TRICARE Reserve Select Program with actual experiences under that program in the 

first year of the implementation of that program. 

(3) TRICARE RESERVE SELECT PROGRAM DEFINED.—In this 

section, the term ‘‘TRICARE Reserve Select Program’’ means 

the program carried out under section 1076d of title 10, United 

States Code. 

(c) USE OF INDEPENDENT EXPERTS.—Notwithstanding any other 

provision of law, in conducting the audits required by this section, 

the Comptroller General may engage the services of appropriate 

independent experts, including actuaries. 

(d) REPORT.—Not later than June 1, 2007, the Comptroller 

General shall submit to the congressional defense committees a 
H. R. 5122—208

report on the audits conducted under this section. The report shall 

include—

(1) the findings of the Comptroller General as a result 

of the audits; and 

(2) such recommendations as the Comptroller General considers appropriate in light of such findings to ensure maximum 

efficiency in the administration of the health care benefits 

programs of the Department of Defense. 

SEC. 714. TRANSFER OF CUSTODY OF THE AIR FORCE HEALTH STUDY 

ASSETS TO MEDICAL FOLLOW-UP AGENCY. 

(a) TRANSFER.—

(1) NOTIFICATION OF PARTICIPANTS.—The Secretary of the 

Air Force shall notify the participants of the Air Force Health 

Study that the study as currently constituted is ending as 

of September 30, 2006. In consultation with the Medical Followup Agency (in this section referred to as the ‘‘Agency’’) of 

the Institute of Medicine of the National Academy of Sciences, 

the Secretary of the Air Force shall request the written consent 

of the participants to transfer their data and biological specimens to the Agency during fiscal year 2007 and written consent 

for the Agency to maintain the data and specimens and make 

them available for additional studies. 

(2) COMPLETION OF TRANSFER.—Custodianship of the Air 

Force Health Study shall be completely transferred to the 

Agency on or before September 30, 2007. Assets to be transferred shall include electronic data files and biological specimens of all the study participants. 

(3) COPIES TO ARCHIVES.—The Air Force shall send paper 

copies of all study documents to the National Archives. 

(b) REPORT ON TRANSFER.—

(1) REQUIREMENT.—Not later than 30 days after completion 

of the transfer of the assets of the Air Force Health Study 

under subsection (a), the Secretary of the Air Force shall submit 

to the Committees on Armed Services of the Senate and the 

House of Representatives a report on the transfer. 

(2) MATTERS COVERED.—At a minimum, the report shall 

include information on the number of study participants whose 

data and biological specimens were not transferred, the efforts 

that were taken to contact such participants, and the reasons 

why the transfer of their data and specimens did not occur. 

(c) DISPOSITION OF ASSETS NOT TRANSFERRED.—The Secretary 

of the Air Force may not destroy any data or biological specimens 

not transferred under subsection (a) until the expiration of the 

one-year period following submission of the report under subsection 

(b). 

(d) FUNDING.—

(1) COSTS OF TRANSFER.—The Secretary of Defense shall 

make available to the Air Force $850,000 for preparation, 

transfer of the assets of the Air Force Health Study, and 

shipment of data and specimens to the Medical Follow-up 

Agency and the National Archives during fiscal year 2007 from 

amounts available from the Department of Defense for that 

fiscal year. The Secretary of Defense is authorized to transfer 

the freezers and other physical assets assigned to the Air 

Force Health Study to the Agency without charge. 
H. R. 5122—209

(2) COSTS OF COLLABORATION.—The Secretary of Defense 

may reimburse the National Academy of Sciences up to 

$200,000 for costs of the Medical Follow-up Agency to collaborate with the Air Force in the transfer and receipt of the 

assets of the Air Force Health Study to the Agency during 

fiscal year 2007 from amounts available from the Department 

of Defense for that fiscal year. 

SEC. 715. STUDY ON ALLOWING DEPENDENTS OF ACTIVATED MEMBERS OF RESERVE COMPONENTS TO RETAIN CIVILIAN 

HEALTH CARE COVERAGE. 

(a) STUDY REQUIREMENT.—The Secretary of Defense shall conduct a study on the feasibility of allowing family members of members of the reserve components of the Armed Forces who are called 

or ordered to active duty in support of a contingency operation 

to continue health care coverage under a civilian health care program and provide reimbursement for such health care. 

(b) ELEMENTS.—The study required by subsection (a) shall 

include the following: 

(1) An assessment of the number of military dependents 

with special health care needs (such as ongoing chemotherapy 

or physical therapy) who would benefit from continued coverage 

under the member’s civilian health care plan instead of 

enrolling in the TRICARE program. 

(2) An assessment of the feasibility of providing reimbursement to the member or the sponsor of the civilian health 

coverage. 

(3) A recommendation on the appropriate rate of reimbursement for members or sponsors of civilian health coverage. 

(4) The feasibility of including dependents who do not have 

access to health care providers that accept payment under 

the TRICARE program. 

(c) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report on the study required under subsection 

(a). 

SEC. 716. STUDY OF HEALTH EFFECTS OF EXPOSURE TO DEPLETED 

URANIUM. 

(a) STUDY.—The Secretary of Defense, in consultation with 

the Secretary for Veterans Affairs and the Secretary of Health 

and Human Services, shall conduct a comprehensive study of the 

health effects of exposure to depleted uranium munitions on uranium-exposed soldiers and on children of uranium-exposed soldiers 

who were born after the exposure of the uranium-exposed soldiers 

to depleted uranium. 

(b) URANIUM-EXPOSED SOLDIERS.—In this section, the term 

‘‘uranium-exposed soldiers’’ means a member or former member 

of the Armed Forces who handled, came in contact with, or had 

the likelihood of contact with depleted uranium munitions while 

on active duty, including members and former members who—

(1) were exposed to smoke from fires resulting from the 

burning of vehicles containing depleted uranium munitions or 

fires at depots at which depleted uranium munitions were 

stored; 

(2) worked within environments containing depleted uranium dust or residues from depleted uranium munitions; 
H. R. 5122—210

(3) were within a structure or vehicle while it was struck 

by a depleted uranium munition; 

(4) climbed on or entered equipment or structures struck 

by a depleted uranium munition; or 

(5) were medical personnel who provided initial treatment 

to members of the Armed Forces described in paragraph (1), 

(2), (3), or (4). 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

Congress a report on the results of the study described in subsection 

(a). 

SEC. 717. REPORT AND PLAN ON SERVICES TO MILITARY DEPENDENT 

CHILDREN WITH AUTISM. 

(a) PLAN REQUIRED.—The Secretary of Defense shall, within 

180 days after the date of the enactment of this Act, develop 

a plan to provide services to military dependent children with 

autism pursuant to the authority for an extended health care services program in subsections (d) and (e) of section 1079 of title 

10, United States Code. Such plan shall include—

(1) requirements for the education, training, and supervision of individuals providing services for military dependent 

children with autism; 

(2) standards for identifying and measuring the availability, 

distribution, and training of individuals of various levels of 

expertise to provide such services; and 

(3) procedures to ensure that such services are in addition 

to other publicly provided services to such children. 

(b) PARTICIPATION OF AFFECTED FAMILIES.—In developing the 

plan required under subsection (a), the Secretary shall ensure the 

involvement and participation of affected military families or their 

representatives. 

(c) REPORT REQUIRED.—Not later than 30 days after completion 

of the plan required under subsection (a), the Secretary shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report on the plan. The report may include 

any additional information the Secretary considers relevant. 

SEC. 718. COMPTROLLER GENERAL STUDY ON DEPARTMENT OF 

DEFENSE PHARMACY BENEFITS PROGRAM. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall conduct a study of the Department of Defense pharmacy 

benefits program required by section 1074g of title 10, United 

States Code. 

(b) ELEMENTS.—The study required by subsection (a) shall 

include an examination of the following: 

(1) The cost of the Department of Defense pharmacy benefits program since the inception of the program. 

(2) The relative costs of various options under the program. 

(3) The copayment structure under the program. 

(4) The effectiveness of the rebate system under the program as a way of passing on discounts received by the Federal 

Government in the purchase of pharmaceutical agents. 

(5) The uniform formulary under the program, including 

the success of the formulary in achieving savings anticipated 

through use of the formulary. 
H. R. 5122—211

(6) Various alternative means of purchasing pharmaceutical agents more efficiently for availability under the program. 

(7) The composition and decision-making processes of the 

Pharmacy and Therapeutics Committee. 

(8) The composition of the Beneficiary Advisory Panel and 

its history as an advisory panel under the program (including 

the frequency of the acceptance of its recommendations by 

the Secretary of Defense). 

(9) Quality assurance mechanisms under the program. 

(10) The role of the program in support of the disease 

and chronic care management programs of the Department 

of Defense. 

(11) Mechanisms for customer service and customer feedback under the program. 

(12) Beneficiary satisfaction with the program. 

(c) REPORT.—Not later than nine months after the date of 

the enactment of this Act, the Comptroller General shall submit 

to the congressional defense committees a report on the study 

required by subsection (a). The report shall include such recommendations as the Comptroller General considers appropriate 

for legislative or administrative action to improve the Department 

of Defense pharmacy benefits program in light of the study. 

SEC. 719. REVIEW OF DEPARTMENT OF DEFENSE MEDICAL QUALITY 

IMPROVEMENT PROGRAM. 

(a) REPORT REQUIRED.— (1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report on actions taken 

in response to the recommendations of the July 2001 report 

of the Department of Defense Healthcare Quality Initiatives 

Review Panel. 

(2) MATTERS COVERED.—The report shall address the status 

of actions concerning each of the Panel’s general and specific 

recommendations, including the amount of resources allocated 

by fiscal year to implement each recommendation. In any 

instance in which no action has been taken, justification for 

such inaction shall be provided in the report. 

(b) REVIEW REQUIRED.— (1) IN GENERAL.—The Secretary of Defense shall enter into 

a contract with the Institute of Medicine of the National 

Academy of Sciences, or another similarly qualified independent 

academic medical organization, for the purpose of conducting 

an independent review of the Department of Defense medical 

quality improvement program. 

(2) ELEMENTS.—The review required pursuant to paragraph 

(1) shall include the following: 

(A) An assessment of the methods used by the Department of Defense to monitor medical quality in services 

provided in military hospitals and clinics and in services 

provided in civilian hospitals and providers under the military health care system. 

(B) An assessment of the transparency and public 

reporting mechanisms of the Department on medical 

quality. 
H. R. 5122—212

(C) An assessment of how the Department incorporates 

medical quality into performance measures for military 

and civilian health care providers within the military 

health care system. 

(D) An assessment of the patient safety programs of 

the Department. 

(E) A description of the extent to which the Department 

seeks to address particular medical errors, and an assessment of the adequacy of such efforts. 

(F) An assessment of accountability within the military 

health care system for preventable negative outcomes 

involving negligence. 

(G) An assessment of the performance of the health 

care safety and quality measures of the Department. 

(H) An assessment of the collaboration of the Department with national initiatives to develop evidence-based 

quality measures and intervention strategies, especially 

the initiatives of the Agency for Health Care Research 

and Quality within the Department of Health and Human 

Services. 

(I) A comparison of the methods, mechanisms, and 

programs and activities referred to in subparagraphs (A) 

through (G) with similar methods, mechanisms, programs, 

and activities used in other public and private health care 

systems and organizations. 

(3) REPORT.— (A) IN GENERAL.—Not later than one year after the 

date of the enactment of this Act, the Secretary shall 

submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report on the review 

required pursuant to paragraph (1). 

(B) ELEMENTS.—The report required by subparagraph 

(A) shall include the following: 

(i) The results of the review required pursuant 

to paragraph (1). 

(ii) A discussion of recent highlights in the accomplishments of the Department of Defense medical 

quality assurance program. 

(iii) Such recommendations for legislative or 

administrative action as the Secretary considers appropriate for the improvement of the program. 

SEC. 720. REPORT ON DISTRIBUTION OF HEMOSTATIC AGENTS FOR 

USE IN THE FIELD. 

Not later than 60 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report on the distribution of hemostatic agents 

to members of the Armed Forces serving in Iraq and Afghanistan, 

including a description of any distribution problems and attempts 

to resolve such problems. 

SEC. 721. LONGITUDINAL STUDY ON TRAUMATIC BRAIN INJURY 

INCURRED BY MEMBERS OF THE ARMED FORCES IN OPERATION IRAQI FREEDOM AND OPERATION ENDURING 

FREEDOM. 

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 

a longitudinal study on the effects of traumatic brain injury incurred 

by members of the Armed Forces serving in Operation Iraqi 
H. R. 5122—213

Freedom or Operation Enduring Freedom on the members who 

incur such an injury and their families. 

(b) DURATION.—The study required by subsection (a) shall be 

conducted for a period of 15 years. 

(c) ELEMENTS.—The study required by subsection (a) shall 

specifically address the following: 

(1) The long-term physical and mental health effects of 

traumatic brain injuries incurred by members of the Armed 

Forces during service in Operation Iraqi Freedom or Operation 

Enduring Freedom. 

(2) The health care, mental health care, and rehabilitation 

needs of such members for such injuries after the completion 

of inpatient treatment through the Department of Defense, 

the Department of Veterans Affairs, or both. 

(3) The type and availability of long-term care rehabilitation programs and services within and outside the Department 

of Defense and the Department of Veterans Affairs for such 

members for such injuries, including community-based programs and services and in-home programs and services. 

(4) The effect on family members of a member incurring 

such an injury. 

(d) CONSULTATION.—The Secretary of Defense shall conduct 

the study required by subsection (a) and prepare the reports 

required by subsection (e) in consultation with the Secretary of 

Veterans Affairs. 

(e) PERIODIC AND FINAL REPORTS.—After the third, seventh, 

eleventh, and fifteenth years of the study required by subsection 

(a), the Secretary of Defense shall submit to Congress a comprehensive report on the results of the study during the preceding years. 

Each report shall include the following: 

(1) Current information on the cumulative outcomes of 

the study. 

(2) Such recommendations as the Secretary of Defense 

and the Secretary of Veterans Affairs jointly consider appropriate based on the outcomes of the study, including recommendations for legislative, programmatic, or administrative 

action to improve long-term care and rehabilitation programs 

and services for members of the Armed Forces with traumatic 

brain injuries. 

Subtitle C—Planning, Programming, and 

Management 

SEC. 731. STANDARDIZATION OF CLAIMS PROCESSING UNDER 

TRICARE PROGRAM AND MEDICARE PROGRAM. 

(a) IN GENERAL.—Effective beginning with the next contract 

option period for managed care support contracts under the 

TRICARE program, the claims processing requirements under the 

TRICARE program on the matters described in subsection (b) shall 

be identical to the claims processing requirements under the Medicare program on such matters. 

(b) COVERED MATTERS.—The matters described in this subsection are as follows: 

(1) The utilization of single or multiple provider identification numbers for purposes of the payment of health care claims 

by Department of Defense contractors. 
H. R. 5122—214

(2) The documentation required to substantiate medical 

necessity for items and services that are covered under both 

the TRICARE program and the Medicare program. 

(c) REPORT ON COLLECTION OF AMOUNTS OWED.—Not later 

than March 1, 2007, the Secretary of Defense shall submit to 

the congressional defense committees a report setting forth a 

detailed description of the following: 

(1) All TRICARE policies and directives concerning collection of amounts owed to the United States pursuant to section 

1095 of title 10, United States Code, from third party payers, 

including—

(A) collection by military treatment facilities from 

third-party payers; and 

(B) collection by contractors providing managed care 

support under the TRICARE program from other insurers 

in cases of private insurance liability for health care costs 

of a TRICARE beneficiary. 

(2) An estimate of the outstanding amounts owed from 

third party payers in each of fiscal years 2002, 2003, and 

2004. 

(3) The amounts collected from third party payers in each 

of fiscal years 2002, 2003, and 2004. 

(4) A plan of action to streamline the business practices 

that underlie the policies and directives described in paragraph 

(1). 

(5) A plan of action to accelerate and increase the collections 

or recoupments of amounts owed from third party payers. 

(d) ANNUAL REPORTS ON CLAIMS PROCESSING STANDARDIZA- TION.— (1) IN GENERAL.—Not later than October 1, 2007, and 

annually thereafter, the Secretary of Defense shall submit to 

the congressional defense committees a report setting forth 

a complete list of the claims processing requirements under 

the TRICARE program that differ from claims processing 

requirements under the Medicare program. 

(2) ELEMENTS.—Each report under paragraph (1) shall 

include, for each claims processing requirement listed in such 

report, a business case that justifies maintaining such requirement under the TRICARE program as a different claims processing requirement than that required under the Medicare 

program. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘Medicare program’’ means the program under 

title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). 

(2) The term ‘‘TRICARE program’’ has the meaning given 

that term in section 1072(7) of title 10, United States Code. 

SEC. 732. REQUIREMENTS FOR SUPPORT OF MILITARY TREATMENT 

FACILITIES BY CIVILIAN CONTRACTORS UNDER TRICARE. 

(a) ANNUAL INTEGRATED REGIONAL REQUIREMENTS ON SUPPORT.—The Regional Director of each region under the TRICARE 

program shall develop each year integrated, comprehensive requirements for the support of military treatment facilities in such region 

that is provided by contract civilian health care and administrative 

personnel under the TRICARE program. 

(b) PURPOSES.—The purposes of the requirements established 

under subsection (a) shall be as follows: 
H. R. 5122—215

(1) To ensure consistent standards of quality in the support 

of military treatment facilities by contract civilian health care 

personnel under the TRICARE program. 

(2) To identify targeted, actionable opportunities throughout each region of the TRICARE program for the most efficient 

and cost effective delivery of health care and support of military 

treatment facilities. 

(3) To ensure the most effective use of various available 

contracting methods in securing support of military treatment 

facilities by civilian health care personnel under the TRICARE 

program, including resource-sharing and clinical support agreements, direct contracting, and venture capital investments. 

(c) FACILITATION AND ENHANCEMENT OF CONTRACTOR SUP- PORT.— (1) IN GENERAL.—The Secretary of Defense shall take 

appropriate actions to facilitate and enhance the support of 

military treatment facilities under the TRICARE program in 

order to assure maximum quality and productivity. 

(2) ACTIONS.—In taking actions under paragraph (1), the 

Secretary shall—

(A) require consistent standards of quality for contract 

civilian health care personnel providing support of military 

treatment facilities under the TRICARE program, 

including—

(i) consistent credentialing requirements among 

military treatment facilities; 

(ii) consistent performance standards for private 

sector companies providing health care staffing services 

to military treatment facilities and clinics, including, 

at a minimum, those standards established for accreditation of health care staffing firms by the Joint 

Commission on the Accreditation of Health Care 

Organizations Health Care Staffing Standards; and 

(iii) additional standards covering—

(I) financial stability; 

(II) medical management; 

(III) continuity of operations; 

(IV) training; 

(V) employee retention; 

(VI) access to contractor data; and 

(VII) fraud prevention; 

(B) ensure the availability of adequate and sustainable 

funding support for projects which produce a return on 

investment to the military treatment facilities; 

(C) ensure that a portion of any return on investment 

is returned to the military treatment facility to which such 

savings are attributable; 

(D) remove financial disincentives for military treatment facilities and civilian contractors to initiate and sustain agreements for the support of military treatment facilities by such contractors under the TRICARE program; 

(E) provide for a consistent methodology across all 

regions of the TRICARE program for developing cost benefit 

analyses of agreements for the support of military treatment facilities by civilian contractors under the TRICARE 

program based on actual cost and utilization data within 

each region of the TRICARE program; and 
H. R. 5122—216

(F) provide for a system for monitoring the performance 

of significant projects for support of military treatment 

facilities by a civilian contractor under the TRICARE program. 

(d) REPORTS TO CONGRESS.—

(1) ANNUAL REPORTS REQUIRED.—Not later than February 

1, 2008, and each year thereafter, the Secretary, in coordination 

with the military departments, shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives a report on the support of military treatment facilities 

by civilian contractors under the TRICARE program during 

the preceding fiscal year. 

(2) ELEMENTS.—Each report shall set forth, for the fiscal 

year covered by such report, the following: 

(A) The level of support of military health treatment 

facilities that is provided by contract civilian health care 

personnel under the TRICARE program in each region 

of the TRICARE program. 

(B) An assessment of the compliance of such support 

with regional requirements under subsection (a). 

(C) The number and type of agreements for the support 

of military treatment facilities by contract civilian health 

care personnel. 

(D) The standards of quality in effect under the requirements under subsection (a). 

(E) The savings anticipated, and any savings achieved, 

as a result of the implementation of the requirements 

under subsection (a). 

(F) An assessment of the compliance of contracts for 

health care staffing services for Department of Defense 

facilities with the requirements of subsection (c)(2)(A). 

(e) EFFECTIVE DATE.—This section shall take effect on October 

1, 2006. 

SEC. 733. STANDARDS AND TRACKING OF ACCESS TO HEALTH CARE 

SERVICES FOR WOUNDED, INJURED, OR ILL 

SERVICEMEMBERS RETURNING TO THE UNITED STATES 

FROM A COMBAT ZONE. 

(a) REPORT ON UNIFORM STANDARDS FOR ACCESS.—Not later 

than 90 days after the date of the enactment of this Act, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on uniform standards for the access of wounded, injured, or ill 

members of the Armed Forces to health care services in the United 

States following return from a combat zone. 

(b) MATTERS COVERED.—The report required by subsection (a) 

shall describe in detail policies with respect to the following: 

(1) The access of wounded, injured, or ill members of the 

Armed Forces to emergency care. 

(2) The access of such members to surgical services. 

(3) Waiting times for referrals and consultations of such 

members by medical personnel, dental personnel, mental health 

specialists, and rehabilitative service specialists, including personnel and specialists with expertise in prosthetics and in 

the treatment of head, vision, and spinal cord injuries. 

(4) Waiting times of such members for acute care and 

for routine follow-up care. 
H. R. 5122—217

(c) REFERRAL TO PROVIDERS OUTSIDE MILITARY HEALTH CARE

SYSTEM.—The Secretary shall require that health care services 

and rehabilitation needs of members described in subsection (a) 

be met through whatever means or mechanisms possible, including 

through the referral of members described in that subsection to 

health care providers outside the military health care system. 

(d) UNIFORM SYSTEM FOR TRACKING OF PERFORMANCE.—The 

Secretary shall establish a uniform system for tracking the performance of the military health care system in meeting the requirements 

for access of wounded, injured, or ill members of the Armed Forces 

to health care services described in subsection (a). 

(e) REPORTS.—

(1) TRACKING SYSTEM.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall submit 

to the Committees on Armed Services of the Senate and the 

House of Representatives a report on the system established 

under subsection (d). 

(2) ACCESS.—Not later than October 1, 2006, and each 

quarter thereafter during fiscal year 2007, the Secretary shall 

submit to such committees a report on the performance of 

the health care system in meeting the access standards 

described in the report required by subsection (a). 

SEC. 734. DISEASE AND CHRONIC CARE MANAGEMENT. 

(a) PROGRAM DESIGN AND DEVELOPMENT REQUIRED.—Not later 

than October 1, 2007, the Secretary of Defense shall design and 

develop a fully integrated program on disease and chronic care 

management for the military health care system that provides, 

to the extent practicable, uniform policies and practices on disease 

management and chronic care management throughout that system, 

including both military hospitals and clinics and civilian healthcare 

providers within the TRICARE network. 

(b) PURPOSES OF PROGRAM.—The purposes of the program 

required by subsection (a) are as follows: 

(1) To facilitate the improvement of the health status of 

individuals under care in the military health care system. 

(2) To ensure the availability of effective health care services in that system for individuals with diseases and other 

chronic conditions. 

(3) To ensure the proper allocation of health care resources 

for individuals who need care for disease or other chronic 

conditions. 

(c) ELEMENTS OF PROGRAM DESIGN.—The program design 

required by subsection (a) shall meet the following requirements: 

(1) Based on uniform policies prescribed by the Secretary, 

the program shall, at a minimum, address the following chronic 

diseases and conditions: 

(A) Diabetes. 

(B) Cancer. 

(C) Heart disease. 

(D) Asthma. 

(E) Chronic obstructive pulmonary disorder. 

(F) Depression and anxiety disorders. 

(2) The program shall meet nationally recognized accreditation standards for disease and chronic care management. 

(3) The program shall include specific outcome measures 

and objectives on disease and chronic care management. 
H. R. 5122—218

(4) The program shall include strategies for disease and 

chronic care management for all beneficiaries, including beneficiaries eligible for benefits under the Medicare program under 

title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), 

for whom the TRICARE program is not the primary payer 

for health care benefits. 

(5) Activities under the program shall conform to applicable 

laws and regulations relating to the confidentiality of health 

care information. 

(d) IMPLEMENTATION PLAN REQUIRED.—Not later than February 

1, 2008, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop an implementation 

plan for the disease and chronic care management program. In 

order to facilitate the carrying out of the program, the plan developed by the Secretary shall—

(1) require a comprehensive analysis of the disease and 

chronic care management opportunities within each region of 

the TRICARE program, including within military treatment 

facilities and through contractors under the TRICARE program; 

(2) ensure continuous, adequate funding of disease and 

chronic care management activities throughout the military 

health care system in order to achieve maximum health outcomes and cost avoidance; 

(3) eliminate, to the extent practicable, any financial disincentives to sustained investment by military hospitals and 

health care services contractors of the Department of Defense 

in the disease and chronic care management activities of the 

Department; 

(4) ensure that appropriate clinical and claims data, 

including pharmacy utilization data, is available for use in 

implementing the program; 

(5) ensure outreach to eligible beneficiaries who, on the 

basis of their clinical conditions, are candidates for the program 

utilizing print and electronic media, telephone, and personal 

interaction; and 

(6) provide a system for monitoring improvements in health 

status and clinical outcomes under the program and savings 

associated with the program. 

(e) REPORT.—

(1) IN GENERAL.—Not later than March 1, 2008, the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a 

report on the design, development, and implementation of the 

program on disease and chronic care management required 

by this section. 

(2) REPORT ELEMENTS.—The report required by paragraph 

(1) shall include the following: 

(A) A description of the design and development of 

the program required by subsection (a). 

(B) A description of the implementation plan required 

by subsection (d). 

(C) A description and assessment of improvements in 

health status and clinical outcomes that are anticipated 

as a result of implementation of the program. 

(D) A description of the savings and return on investment associated with the program. 
H. R. 5122—219

(E) A description of an investment strategy to assure 

the sustainment of the disease and chronic care management programs of the Department of Defense. 

SEC. 735. ADDITIONAL ELEMENTS OF ASSESSMENT OF DEPARTMENT 

OF DEFENSE TASK FORCE ON MENTAL HEALTH RELATING 

TO MENTAL HEALTH OF MEMBERS WHO WERE DEPLOYED 

IN OPERATION IRAQI FREEDOM AND OPERATION 

ENDURING FREEDOM. 

Section 723(c) of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3348) is amended 

by adding at the end the following new paragraph: 

‘‘(4) MENTAL HEALTH NEEDS OF MEMBERS WHO WERE

DEPLOYED IN OIF OR OEF.—As part of the assessment required 

by paragraph (1) of the efficacy of mental health services provided to members of the Armed Forces by the Department 

of Defense, the task force shall consider the specific needs 

with respect to mental health of members who were deployed 

in Operation Iraqi Freedom or Operation Enduring Freedom 

upon their return from such deployment, including the following: 

‘‘(A) An identification of mental health conditions and 

disorders (including Post Traumatic Stress Disorder, suicide attempts, and suicide) occurring among members who 

have undergone multiple deployments in Operation Iraqi 

Freedom or Operation Enduring Freedom. 

‘‘(B) An evaluation of the availability to members of 

assessments under the Mental Health Self-Assessment Program of the Department of Defense to ensure the longterm availability of the diagnostic mechanisms of the 

assessment to detect mental health conditions that may 

emerge in such members over time. 

‘‘(C) The availability of programs and services under 

the Mental Health Self-Assessment Program to address 

the mental health of dependent children of members who 

were deployed in Operation Iraqi Freedom or Operation 

Enduring Freedom. 

‘‘(D) Recommendations on mechanisms for improving 

the mental health services available to members who were 

deployed in Operation Iraqi Freedom or Operation 

Enduring Freedom, including members who have undergone multiple deployments.’’. 

SEC. 736. ADDITIONAL AUTHORIZED OPTION PERIODS FOR EXTENSION 

OF CURRENT CONTRACTS UNDER TRICARE. 

(a) ADDITIONAL NUMBER OF AUTHORIZED PERIODS.— (1) IN GENERAL.—The Secretary of Defense, after consulting 

with the other administering Secretaries, may extend any contract for the delivery of health care entered into under section 

1097 of title 10, United States Code, that is in force on the 

date of the enactment of this Act by one year, and upon expiration of such extension by one additional year, if the Secretary 

determines that such extension—

(A) is in the best interests of the Department of Defense 

and covered beneficiaries; 

(B) is cost effective; and 

(C) will—
H. R. 5122—220

(i) facilitate the effective administration of the 

TRICARE program; or 

(ii) ensure continuity in the delivery of health care 

under the TRICARE program. 

(2) LIMITATION ON NUMBER OF EXTENSIONS.—The total 

number of one-year extensions of a contract that may be 

granted under paragraph (1) may not exceed two extensions. 

(3) NOTICE AND WAIT.—The Secretary may not commence 

the exercise of the authority in paragraph (1) with respect 

to a contract covered by that paragraph until 30 days after 

the date on which the Secretary submits to the Committees 

on Armed Services of the Senate and House of Representatives 

a report setting forth the following: 

(A) The minimum level of performance, including beneficiary satisfaction and cost, by the incumbent contractor 

under the contract that will be required by the Secretary 

in order to be eligible for an extension authorized by such 

paragraph. 

(B) The justification for such extension based on each 

of the criteria in paragraph (1). 

(C) The justification for such extension based on a 

cost-benefit analysis. 

(4) DEFINITIONS.—In this subsection, the terms ‘‘administering Secretaries’’, ‘‘covered beneficiary’’, and ‘‘TRICARE program’’ have the meaning given such terms in section 1072 

of title 10, United States Code. 

(b) REPORT ON CONTRACTING MECHANISMS FOR HEALTH CARE

SERVICE SUPPORT CONTRACTS.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall submit to 

the Committees on Armed Services of the Senate and House of 

Representatives a report on contracting mechanisms under consideration for future contracts for health care service support under 

section 1097 of title 10, United States Code. The report shall include 

an assessment of the advantages and disadvantages for the Department of Defense (including the potential for stimulating competition 

and the effect on health care beneficiaries of the Department) 

of providing in such contracts for a single term of 5 years, with 

a single optional period of extension of an additional 5 years if 

performance under such contract is rated as ‘‘excellent’’. 

SEC. 737. MILITARY VACCINATION MATTERS. 

(a) ADDITIONAL ELEMENT FOR COMPTROLLER GENERAL STUDY

AND REPORT ON VACCINE HEALTHCARE CENTERS.—Section 736(b) 

of the National Defense Authorization Act for Fiscal Year 2006 

(Public Law 109–163; 119 Stat. 3356) is amended by adding at 

the end the following new paragraph: 

‘‘(10) The feasibility and advisability of transferring direct 

responsibility for the Centers from the Army Medical Command 

to the Under Secretary of Defense for Personnel and Readiness 

and the Deputy Assistant Secretary of Defense for Force Health 

Protection and Readiness.’’. 

(b) LIMITATION ON RESTRUCTURING OF VACCINE HEALTHCARE

CENTERS.—The Secretary of Defense may not downsize or otherwise 

restructure the Vaccine Healthcare Centers of the Department of 

Defense during fiscal year 2007. The Secretary shall ensure that 

the Secretary of each military department shall, from amounts 

allocated during fiscal year 2007 from the Defense Health Program, 
H. R. 5122—221

fund and maintain the Vaccine Healthcare Center of the military 

department concerned. 

SEC. 738. ENHANCED MENTAL HEALTH SCREENING AND SERVICES 

FOR MEMBERS OF THE ARMED FORCES. 

(a) ADDITIONAL REQUIRED ELEMENTS FOR PREDEPLOYMENT AND

POSTDEPLOYMENT MEDICAL EXAMINATIONS.—Subsection (b) of section 1074f of title 10, United States Code, is amended—

(1) by inserting ‘‘(1)’’ before ‘‘The system’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The predeployment and postdeployment medical examination of a member of the armed forces required under paragraph 

(1) shall include the following: 

‘‘(A) An assessment of the current treatment of the member 

and any use of psychotropic medications by the member for 

a mental health condition or disorder. 

‘‘(B) An assessment of traumatic brain injury.’’. 

(b) CRITERIA FOR REFERRAL FOR FURTHER EVALUATIONS.—Such 

section is further amended by adding at the end the following: 

‘‘(e) CRITERIA FOR REFERRAL FOR FURTHER EVALUATIONS.—The 

system described in subsection (a) shall include—

‘‘(1) development of clinical practice guidelines to be utilized 

by healthcare providers in determining whether to refer a 

member of the armed forces for further evaluation relating 

to mental health (including traumatic brain injury); 

‘‘(2) mechanisms to ensure that healthcare providers are 

trained in the application of such clinical practice guidelines; 

and 

‘‘(3) mechanisms for oversight to ensure that healthcare 

providers apply such guidelines consistently.’’. 

(c) MINIMUM MENTAL HEALTH STANDARDS FOR DEPLOYMENT.— Such section is further amended by adding at the end the following: 

‘‘(f) MINIMUM MENTAL HEALTH STANDARDS FOR DEPLOYMENT.— (1) The Secretary of Defense shall prescribe in regulations minimum 

standards for mental health for the eligibility of a member of 

the armed forces for deployment to a combat operation or contingency operation. 

‘‘(2) The standards required by paragraph (1) shall include 

the following: 

‘‘(A) A specification of the mental health conditions, treatment for such conditions, and receipt of psychotropic medications for such conditions that preclude deployment of a member 

of the armed forces to a combat operation or contingency operation, or to a specified type of such operation. 

‘‘(B) Guidelines for the deployability and treatment of members of the armed forces diagnosed with a severe mental illness 

or post traumatic stress disorder. 

‘‘(3) The Secretary shall take appropriate actions to ensure 

the utilization of the standards prescribed under paragraph (1) 

in the making of determinations regarding the deployability of 

members of the armed forces to a combat operation or continency 

operation.’’. 

(d) QUALITY ASSURANCE.—Subsection (d) of such section is 

amended—

(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of Defense’’; 

and 

(2) by adding at the end the following new paragraphs: 
H. R. 5122—222

‘‘(2) The quality assurance program established under paragraph (1) shall also include the following elements: 

‘‘(A) The types of healthcare providers conducting 

postdeployment health assessments. 

‘‘(B) The training received by such providers applicable 

to the conduct of such assessments, including training on 

assessments and referrals relating to mental health. 

‘‘(C) The guidance available to such providers on how to 

apply the clinical practice guidelines developed under subsection (e)(1) in determining whether to make a referral for 

further evaluation of a member of the armed forces relating 

to mental health. 

‘‘(D) The effectiveness of the tracking mechanisms required 

under this section in ensuring that members who receive referrals for further evaluations relating to mental health receive 

such evaluations and obtain such care and services as are 

warranted. 

‘‘(E) Programs established for monitoring the mental health 

of each member who, after deployment to a combat operation 

or contingency operations, is known—

‘‘(i) to have a mental health condition or disorder; 

or 

‘‘(ii) to be receiving treatment, including psychotropic 

medications, for a mental health condition or disorder.’’. 

(e) COMPTROLLER GENERAL REPORTS ON IMPLEMENTATION OF

REQUIREMENTS.—

(1) STUDY ON IMPLEMENTATION.—The Comptroller General 

of the United States shall carry out a study of the implementation of the requirements of the amendments made by this 

section. 

(2) REPORTS.—Not later than March 1, 2008, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report 

on the study carried out under paragraph (1). 

(f) IMPLEMENTATION.—The Secretary of Defense shall implement the requirements of the amendments made by this section 

not later than six months after the date of the enactment of this 

Act. 

(g) REPORT REQUIRED.—The Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report on the actions taken to implement 

the requirements of the amendments made by this section not 

later than June 1, 2007. 

Subtitle D—Other Matters 

SEC. 741. PILOT PROJECTS ON EARLY DIAGNOSIS AND TREATMENT 

OF POST TRAUMATIC STRESS DISORDER AND OTHER 

MENTAL HEALTH CONDITIONS. 

(a) PILOT PROJECTS REQUIRED.—The Secretary of Defense shall 

carry out not less than three pilot projects to evaluate the efficacy 

of various approaches to improving the capability of the military 

and civilian health care systems to provide early diagnosis and 

treatment of post traumatic stress disorder and other mental health 

conditions. 
H. R. 5122—223

(b) DURATION.—Any pilot project carried out under this section 

shall begin not later than October 1, 2007, and cease on September 

30, 2008. 

(c) PILOT PROJECT REQUIREMENTS.—

(1) DIAGNOSTIC AND TREATMENT APPROACHES.—One of the 

pilot projects under this section shall be designed to evaluate 

effective diagnostic and treatment approaches for use by primary care providers in the military health care system in 

order to improve the capability of such providers to diagnose 

and treat post traumatic stress disorder. 

(2) NATIONAL GUARD OR RESERVE MEMBERS.—

(A) One of the pilot projects under this section shall 

be focused on members of the National Guard or Reserves 

who are located more than 40 miles from a military medical 

facility and who are served primarily by civilian community 

health resources. 

(B) The pilot project described in subparagraph (A) 

shall be designed to develop educational materials and 

other tools for use by members of the National Guard 

or Reserves who come into contact with other members 

of the National Guard or Reserves who may suffer from 

post traumatic stress disorder in order to encourage and 

facilitate early reporting and referral for treatment. 

(3) OUTREACH.—One of the pilot projects under this section 

shall be designed to provide outreach to the family members 

of the members of the Armed Forces on post traumatic stress 

disorder and other mental health conditions. 

(d) EVALUATION OF PILOT PROJECTS.—The Secretary shall 

evaluate each pilot project carried out under this section in order 

to assess the effectiveness of the approaches taken under such 

pilot project—

(1) to improve the capability of the military and civilian 

health care systems to provide early diagnosis and treatment 

of post traumatic stress disorder and other mental health conditions among members of the regular components of the Armed 

Forces, and among members of the National Guard and 

Reserves, who have returned from deployment; and 

(2) to provide outreach to the family members of the members of the Armed Forces described in paragraph (1) on post 

traumatic stress disorder and other mental health conditions 

among such members of the Armed Forces. 

(e) REPORT TO CONGRESS.—

(1) REPORT REQUIRED.—Not later than December 31, 2008, 

the Secretary shall submit to the congressional defense committees a report on the pilot projects carried out under this section. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A description of each pilot project carried out under 

this section. 

(B) An assessment of the effectiveness of the 

approaches taken under each pilot project to improve the 

capability of the military and civilian health care systems 

to provide early diagnosis and treatment of post traumatic 

stress disorder and other mental health conditions among 

members of the Armed Forces. 
H. R. 5122—224

(C) Any recommendations for legislative or administrative action that the Secretary considers appropriate in light 

of the pilot projects, including recommendations on—

(i) the training of health care providers in the 

military and civilian health care systems on early diagnosis and treatment of post traumatic stress disorder 

and other mental health conditions; and 

(ii) the provision of outreach on post traumatic 

stress disorder and other mental health conditions to 

members of the National Guard and Reserves who 

have returned from deployment. 

(D) A plan, in light of the pilot projects, for the improvement of the health care services provided to members of 

the Armed Forces in order to better assure the early diagnosis and treatment of post traumatic stress disorder and 

other mental health conditions among members of the 

Armed Forces, including a specific plan for outreach on 

post traumatic stress disorder and other mental health 

conditions to members of the National Guard and Reserves 

who have returned from deployment in order to facilitate 

and enhance the early diagnosis and treatment of post 

traumatic stress disorder and other mental health conditions among such members of the National Guard and 

Reserves. 

SEC. 742. REQUIREMENT TO CERTIFY AND REPORT ON CONVERSION 

OF MILITARY MEDICAL AND DENTAL POSITIONS TO 

CIVILIAN MEDICAL AND DENTAL POSITIONS. 

(a) PROHIBITION ON CONVERSIONS.— (1) SUBMISSION OF CERTIFICATION.—The Secretary of a military department may not convert any military medical or dental 

position to a civilian medical or dental position in a fiscal 

year until the Secretary submits to the congressional defense 

committees with respect to that fiscal year a certification that 

the conversions within that department will not increase cost 

or decrease quality of care or access to care. 

(2) REPORT ON CERTIFICATION.—Each certification under 

paragraph (1) shall include a written report setting forth the 

following: 

(A) The methodology used by the Secretary in making 

the determinations necessary for the certification. 

(B) The number of military medical or dental positions, 

by grade or band and specialty, planned for conversion 

to civilian medical or dental positions. 

(C) The results of a market survey in each affected 

area of the availability of civilian medical and dental care 

providers in such area in order to determine whether the 

civilian medical and dental care providers available in such 

area are adequate to fill the civilian positions created by 

the conversion of military medical and dental positions 

to civilian positions in such area. 

(D) An analysis, by affected area, showing the extent 

to which access to health care and cost of health care 

will be affected in both the direct care and purchased 

care systems, including an assessment of the effect of any 

increased shifts in patient load from the direct care to 

the purchased care system, or any delays in receipt of 
H. R. 5122—225

care in either the direct or purchased care system because 

of the planned conversions. 

(E) The extent to which military medical and dental 

positions planned for conversion to civilian medical or 

dental positions will affect recruiting and retention of uniformed medical and dental personnel. 

(F) A comparison of the full costs for the military 

medical and dental positions planned for conversion with 

the estimated full costs for civilian medical and dental 

positions, including expenses such as recruiting, salary, 

benefits, training, and any other costs the Department 

identifies. 

(G) An assessment showing that the military medical 

or dental positions planned for conversion are in excess 

of the military medical and dental positions needed to 

meet medical and dental readiness requirements of the 

uniformed services, as determined jointly by all the uniformed services. 

(H) An identification of each medical and dental position scheduled to be converted to a civilian position in 

the subsequent fiscal year, including the location of each 

position scheduled for conversion, the estimated cost of 

such conversion, and whether or not civilian personnel 

are available in the location for filling a converted military 

medical or dental position. 

(3) SUBMISSION DEADLINE.—A certification and report with 

respect to any fiscal year after fiscal year 2007 shall be submitted at the same time the budget of the President for such 

fiscal year is submitted to Congress pursuant to section 1105(a) 

of title 31, United States Code. 

(b) REQUIREMENT FOR COMPTROLLER GENERAL REVIEW.—Not 

later than 120 days after the submission of the budget of the 

President for a fiscal year, the Comptroller General shall submit 

to the congressional defense committees a report on any certifications and reports submitted with respect to that fiscal year under 

subsection (a). 

(c) REQUIREMENT TO RESUBMIT CERTIFICATION AND REPORT

REQUIRED BY PUBLIC LAW 109–163.—The Secretary of each military 

department shall resubmit the certification and report required 

by section 744(a) of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3360; 10 U.S.C. 

129c note). Such resubmissions shall address in their entirety the 

elements required by section 744(a)(2) of such Act. 

(d) SPECIAL REQUIREMENTS FOR FISCAL YEAR 2007 CERTIFI- CATION.—

(1) LIST OF 2007 PLANNED CONVERSIONS.—The report 

required by paragraph (2) of subsection (a) with respect to 

fiscal year 2007 shall contain, in addition to the elements 

required by that paragraph, a list of each military medical 

or dental position scheduled to be converted to a civilian medical 

or dental position in fiscal year 2007. 

(2) RESUBMISSION REQUIRED FIRST.—The certification and 

report required by subsection (a) with respect to fiscal year 

2007 may not be submitted prior to the resubmission required 

by subsection (c). 

(3) PROHIBITION ON CONVERSIONS DURING FISCAL YEAR

2007.—No conversions of a military medical or dental position 
H. R. 5122—226

may occur during fiscal year 2007 prior to both the resubmission 

required by subsection (c) and the submission of the certification 

and report required by subsection (a). 

(e) REPORT ON FISCAL YEAR 2008 CONVERSION.—Not later than 

90 days after the date of the enactment of this Act, the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and House of Representatives a report that identifies 

the military medical or dental positions scheduled to be converted 

to civilian medical or dental positions in fiscal year 2008. Such 

report shall include the location of the positions scheduled for 

conversion, the estimated cost of such conversion, and whether 

or not civilian personnel are available in the location for filling 

the proposed converted military medical or dental position. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘military medical or dental position’’ means 

a position for the performance of health care functions within 

the Armed Forces held by a member of the Armed Forces. 

(2) The term ‘‘civilian medical or dental position’’ means 

a position for the performance of health care functions within 

the Department of Defense held by an employee of the Department or of a contractor of the Department. 

(3) The term ‘‘affected area’’ means an area in which military medical or dental positions were converted to civilian 

medical or dental positions before October 1, 2004, or in which 

such conversions are scheduled to occur in the future. 

(4) The term ‘‘uniformed services’’ has the meaning given 

that term in section 1072(1) of title 10, United States Code. 

(5) The term ‘‘conversion’’, with respect to a military medical or dental position, means a change, effective as of the 

date of the documentation by the Department of Defense 

making the change, of the position to a civilian medical or 

dental position. 

SEC. 743. THREE-YEAR EXTENSION OF JOINT INCENTIVES PROGRAM 

ON SHARING OF HEALTH CARE RESOURCES BY THE 

DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS. 

Section 8111(d)(3) of title 38, United States Code, is amended 

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

2010’’. 

SEC. 744. TRAINING CURRICULA FOR FAMILY CAREGIVERS ON CARE 

AND ASSISTANCE FOR MEMBERS AND FORMER MEMBERS 

OF THE ARMED FORCES WITH TRAUMATIC BRAIN INJURY. 

(a) TRAUMATIC BRAIN INJURY FAMILY CAREGIVER PANEL.— (1) ESTABLISHMENT.—The Secretary of Defense shall establish a panel within the Department of Defense, to be known 

as the ‘‘Traumatic Brain Injury Family Caregiver Panel’’, to 

develop coordinated, uniform, and consistent training curricula 

to be used in training family members in the provision of 

care and assistance to members and former members of the 

Armed Forces with traumatic brain injuries. 

(2) MEMBERS.—The Traumatic Brain Injury Family Caregiver Panel shall consist of 15 members appointed by the Secretary of Defense from among the following: 

(A) Physicians, nurses, rehabilitation therapists, and 

other individuals with an expertise in caring for and 

assisting individuals with traumatic brain injury, including 
H. R. 5122—227

persons who specialize in caring for and assisting individuals with traumatic brain injury incurred in combat. 

(B) Representatives of family caregivers or family caregiver associations. 

(C) Health and medical personnel of the Department 

of Defense and the Department of Veterans Affairs with 

expertise in traumatic brain injury and personnel and 

readiness representatives of the Department of Defense 

with expertise in traumatic brain injury. 

(D) Psychologists or other individuals with expertise 

in the mental health treatment and care of individuals 

with traumatic brain injury. 

(E) Experts in the development of training curricula. 

(F) Family members of members of the Armed Forces 

with traumatic brain injury. 

(G) Such other individuals the Secretary considers 

appropriate. 

(3) CONSULTATION.—In establishing the Traumatic Brain 

Injury Family Caregiver Panel and appointing the members 

of the Panel, the Secretary of Defense shall consult with the 

Secretary of Veterans Affairs. 

(b) DEVELOPMENT OF CURRICULA.—

(1) DEVELOPMENT.—The Traumatic Brain Injury Family 

Caregiver Panel shall develop training curricula to be used 

by family members of members and former members of the 

Armed Forces on techniques, strategies, and skills for care 

and assistance for such members and former members with 

traumatic brain injury. 

(2) SCOPE OF CURRICULA.—The curricula shall—

(A) be based on empirical research and validated techniques; and 

(B) shall provide for training that permits recipients 

to tailor caregiving to the unique circumstances of the 

member or former member of the Armed Forces receiving 

care. 

(3) PARTICULAR REQUIREMENTS.—In developing the curricula, the Traumatic Brain Injury Family Caregiver Panel 

shall—

(A) specify appropriate training commensurate with 

the severity of traumatic brain injury; and 

(B) identify appropriate care and assistance to be provided for the degree of severity of traumatic brain injury 

for caregivers of various levels of skill and capability. 

(4) USE OF EXISTING MATERIALS.—In developing the curricula, the Traumatic Brain Injury Family Caregiver Panel 

shall use and enhance any existing training curricula, materials, and resources applicable to such curricula as the Panel 

considers appropriate. 

(5) DEADLINE FOR DEVELOPMENT.—The Traumatic Brain 

Injury Family Caregiver Panel shall develop the curricula not 

later than one year after the date of the enactment of this 

Act. 

(c) DISSEMINATION OF CURRICULA.—

(1) DISSEMINATION MECHANISMS.—The Secretary of Defense 

shall develop mechanisms for the dissemination of the curricula 

developed under subsection (b)—
H. R. 5122—228

(A) to health care professionals who treat or otherwise 

work with members and former members of the Armed 

Forces with traumatic brain injury; 

(B) to family members affected by the traumatic brain 

injury of such members and former members; and 

(C) to other care or support personnel who may provide 

service to members or former members affected by traumatic brain injury. 

(2) USE OF EXISTING MECHANISMS.—In developing such 

mechanisms, the Secretary may use and enhance existing 

mechanisms, including the Military Severely Injured Center 

(authorized under section 564 of this Act) and the programs 

for service to severely injured members established by the 

military departments. 

(d) REPORT.—Not later than one year after the development 

of the curricula required by subsection (b), the Secretary of Defense 

and the Secretary of Veterans Affairs shall submit to the Committees on Armed Services and Veterans Affairs of the Senate and 

the House of Representatives a report on the following: 

(1) The actions undertaken under this section. 

(2) Recommendations for the improvement or updating of 

training curriculum developed and provided under this section. 

SEC. 745. RECOGNITION OF REPRESENTATIVE LANE EVANS UPON HIS 

RETIREMENT FROM THE HOUSE OF REPRESENTATIVES. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Representative Lane Evans was elected to the House 

of Representatives in 1982 and is completing his 12th term 

representing the people of Illinois’ 17th Congressional district. 

(2) As a member of the Committee on Armed Services 

of the House of Representatives since 1988, Representative 

Evans has worked to bring common sense priorities to defense 

spending and strengthen the military’s conventional readiness. 

(3) Representative Evans has served as the ranking 

member of the Committee on Veterans’ Affairs of the House 

of Representatives since 1997 and has been a tireless advocate 

for military veterans, ensuring that veterans receive the medical care they need and advocating for individuals suffering 

from post-traumatic stress disorder and Gulf War Syndrome. 

(5) Drawing on his own experience as a member of the 

Marine Corps, Representative Evans has tirelessly fought for 

both current members of the Armed Forces and veterans and 

has been a leader in legislative efforts to assist members 

exposed to Agent Orange. 

(4) Representative Evans’ efforts to improve the transition 

of individuals from military service to the care of the Department of Veterans Affairs will continue to benefit generations 

of veterans long into the future. 

(6) Representative Evans is credited with bringing new 

services to veterans living in his Congressional district, 

including outpatient clinics in the Quad Cities and Quincy 

and the Quad-Cities Vet Center. 

(7) Representative Evans has worked with local leaders 

to promote the Rock Island Arsenal and has seen it win new 

jobs and missions through his support. 

(b) RECOGNITION.—Congress recognizes and commends Representative Lane Evans for his 24 years of service to benefit the 
H. R. 5122—229

people of Illinois, members of the Armed Forces and their families, 

veterans, and the United States. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A—Provisions Relating to Major Defense Acquisition Programs 

Sec. 801. Requirements management certification training program. 

Sec. 802. Additional requirements relating to technical data rights. 

Sec. 803. Study and report on revisions to Selected Acquisition Report requirements. 

Sec. 804. Biannual updates on implementation of acquisition reform in the Department of Defense. 

Sec. 805. Additional certification requirements for major defense acquisition programs before proceeding to Milestone B. 

Sec. 806. Original baseline estimate for major defense acquisition programs. 

Sec. 807. Lead system integrators. 

Subtitle B—Acquisition Policy and Management 

Sec. 811. Time-certain development for Department of Defense information technology business systems. 

Sec. 812. Pilot program on time-certain development in acquisition of major weapon 

systems. 

Sec. 813. Establishment of Panel on Contracting Integrity. 

Sec. 814. Linking of award and incentive fees to acquisition outcomes. 

Sec. 815. Report on defense instruction relating to contractor personnel authorized 

to accompany Armed Forces. 

Sec. 816. Major automated information system programs. 

Sec. 817. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies. 

Sec. 818. Determination of contract type for development programs. 

Sec. 819. Three-year extension of requirement for reports on commercial price 

trend analyses of the Department of Defense. 

Sec. 820. Government performance of critical acquisition functions. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

Sec. 831. One-year extension of special temporary contract closeout authority. 

Sec. 832. Limitation on contracts for the acquisition of certain services. 

Sec. 833. Use of Federal supply schedules by State and local governments for goods 

and services for recovery from natural disasters, terrorism, or nuclear, 

biological, chemical, or radiological attack. 

Sec. 834. Waivers to extend task order contracts for advisory and assistance services. 

Subtitle D—United States Defense Industrial Base Provisions 

Sec. 841. Assessment and annual report of United States defense industrial base 

capabilities and acquisitions of articles, materials, and supplies manufactured outside the United States. 

Sec. 842. Protection of strategic materials critical to national security. 

Sec. 843. Strategic Materials Protection Board. 

Subtitle E—Other Matters 

Sec. 851. Report on former Department of Defense officials employed by contractors 

of the Department of Defense. 

Sec. 852. Report and regulations on excessive pass-through charges. 

Sec. 853. Program manager empowerment and accountability. 

Sec. 854. Joint policies on requirements definition, contingency program management, and contingency contracting. 

Sec. 855. Clarification of authority to carry out certain prototype projects. 

Sec. 856. Contracting with employers of persons with disabilities. 

Sec. 857. Enhanced access for small business. 

Sec. 858. Procurement goal for Hispanic-serving institutions.
H. R. 5122—230

Subtitle A—Provisions Relating to Major 

Defense Acquisition Programs 

SEC. 801. REQUIREMENTS MANAGEMENT CERTIFICATION TRAINING 

PROGRAM. 

(a) TRAINING PROGRAM.—

(1) REQUIREMENT.—The Under Secretary of Defense for 

Acquisition, Technology, and Logistics, in consultation with 

the Defense Acquisition University, shall develop a training 

program to certify military and civilian personnel of the Department of Defense with responsibility for generating requirements 

for major defense acquisition programs (as defined in section 

2430(a) of title 10, United States Code). 

(2) COMPETENCY AND OTHER REQUIREMENTS.—The Under 

Secretary shall establish competency requirements for the personnel undergoing the training program. The Under Secretary 

shall define the target population for such training program 

by identifying which military and civilian personnel should 

have responsibility for generating requirements. The Under 

Secretary also may establish other training programs for personnel not subject to chapter 87 of title 10, United States 

Code, who contribute significantly to other types of acquisitions 

by the Department of Defense. 

(b) APPLICABILITY.—Effective on and after September 30, 2008, 

a member of the Armed Forces or an employee of the Department 

of Defense with authority to generate requirements for a major 

defense acquisition program may not continue to participate in 

the requirements generation process unless the member or employee 

successfully completes the certification training program developed 

under this section. 

(c) REPORTS.—The Secretary of Defense shall submit to the 

Committees on Armed Services of the Senate and House of Representatives an interim report, not later than March 1, 2007, and 

a final report, not later than March 1, 2008, on the implementation 

of the training program required under this section. 

SEC. 802. ADDITIONAL REQUIREMENTS RELATING TO TECHNICAL 

DATA RIGHTS. 

(a) ADDITIONAL REQUIREMENTS RELATING TO TECHNICAL DATA

RIGHTS.—Section 2320 of title 10, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(e) The Secretary of Defense shall require program managers 

for major weapon systems and subsystems of major weapon systems 

to assess the long-term technical data needs of such systems and 

subsystems and establish corresponding acquisition strategies that 

provide for technical data rights needed to sustain such systems 

and subsystems over their life cycle. Such strategies may include 

the development of maintenance capabilities within the Department 

of Defense or competition for contracts for sustainment of such 

systems or subsystems. Assessments and corresponding acquisition 

strategies developed under this section with respect to a weapon 

system or subsystem shall—

‘‘(1) be developed before issuance of a contract solicitation 

for the weapon system or subsystem; 
H. R. 5122—231

‘‘(2) address the merits of including a priced contract option 

for the future delivery of technical data that were not acquired 

upon initial contract award; 

‘‘(3) address the potential for changes in the sustainment 

plan over the life cycle of the weapon system or subsystem; 

and 

‘‘(4) apply to weapon systems and subsystems that are 

to be supported by performance-based logistics arrangements 

as well as to weapons systems and subsystems that are to 

be supported by other sustainment approaches.’’. 

(b) MODIFICATION OF PRESUMPTION OF DEVELOPMENT EXCLUSIVELY AT PRIVATE EXPENSE.—Section 2321(f) of title 10, United 

States Code, is amended—

(1) by striking ‘‘EXPENSE FOR COMMERCIAL ITEMS CONTRACTS.—In’’ and inserting ‘‘EXPENSE.—(1) Except as provided 

in paragraph (2), in’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) In the case of a challenge to a use or release restriction 

that is asserted with respect to technical data of a contractor 

or subcontractor (whether or not under a contract for commercial 

items) for a major system or a subsystem or component thereof 

on the basis that the major system, subsystem or component was 

developed exclusively at private expense, the challenge to the use 

or release restriction shall be sustained unless information provided 

by the contractor or subcontractor demonstrates that the item was 

developed exclusively at private expense.’’. 

(c) REGULATIONS.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall revise 

regulations under section 2320 of title 10, United States Code, 

to implement subsection (e) of such section (as added by this section), including incorporating policy changes developed under such 

subsection into Department of Defense Directive 5000.1 and Department of Defense Instruction 5000.2. 

SEC. 803. STUDY AND REPORT ON REVISIONS TO SELECTED ACQUISITION REPORT REQUIREMENTS. 

(a) STUDY REQUIREMENT.—The Secretary of Defense, acting 

through the Under Secretary of Defense for Acquisition, Technology, 

and Logistics in coordination with the service acquisition executives 

of each military department, shall conduct a study on revisions 

to requirements relating to Selected Acquisition Reports, as set 

forth in section 2432 of title 10, United States Code. 

(b) MATTERS COVERED.—The study required under subsection 

(a) shall—

(1) focus on incorporating into the Selected Acquisition 

Report those elements of program progress that the Department 

of Defense considers most relevant to evaluating the performance and progress of major defense acquisition programs, with 

particular reference to the cost estimates and program schedule 

established when a major defense acquisition program receives 

Milestone B approval; 

(2) address the need to ensure that data provided through 

the Selected Acquisition Report is consistent with data provided 

through internal Department of Defense reporting systems for 

management purposes; and 
H. R. 5122—232

(3) include any recommendations to add to, modify, or 

delete elements of the Selected Acquisition Report, consistent 

with the findings of the study. 

(c) REPORT.—Not later than March 1, 2007, the Secretary shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report on the results of the study, 

including such recommendations as the Secretary considers appropriate. 

SEC. 804. BIANNUAL UPDATES ON IMPLEMENTATION OF ACQUISITION 

REFORM IN THE DEPARTMENT OF DEFENSE. 

(a) BIANNUAL UPDATES REQUIREMENT.—Not later than January 

1 and July 1 of each year, beginning with January 1, 2007, the 

Secretary of Defense shall provide to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

containing an update on the implementation of plans to reform 

the acquisition system in the Department of Defense. 

(b) MATTERS COVERED.—Each report provided under subsection 

(a) shall cover the implementation of reforms of the processes for 

acquisition, including generation of requirements, award of contracts, and financial management. At a minimum, the reports shall 

take into account the recommendations made by the following: 

(1) The Defense Acquisition Performance Assessment 

Panel. 

(2) The Defense Science Board Summer Study on Transformation, issued in February 2006. 

(3) The Beyond Goldwater-Nichols Study of the Center 

for Strategic and International Studies. 

(4) The Quadrennial Defense Review, issued February 6, 

2006. 

(c) RECOMMENDATIONS.—Each report submitted under subsection (a) shall include such recommendations as the Secretary 

considers appropriate, and implementation plans for the recommendations. 

(d) TERMINATION OF REPORT REQUIREMENT.—The requirement 

to submit reports under subsection (a) shall terminate on December 

31, 2008. 

SEC. 805. ADDITIONAL CERTIFICATION REQUIREMENTS FOR MAJOR 

DEFENSE ACQUISITION PROGRAMS BEFORE PROCEEDING 

TO MILESTONE B. 

(a) ADDITIONAL CERTIFICATION REQUIREMENTS.—Subsection (a) 

of section 2366a of title 10, United States Code, is amended—

(1) by redesignating paragraph (7) as paragraph (10); 

(2) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; 

(3) by inserting before paragraph (2) (as so redesignated) 

the following new paragraph (1): 

‘‘(1) appropriate market research has been conducted prior 

to technology development to reduce duplication of existing 

technology and products;’’; 

(4) in paragraph (7) (as so redesignated), by striking ‘‘and’’ 

at the end; and 

(5) by inserting after such paragraph (7) the following 

new paragraphs: 

‘‘(8) reasonable cost and schedule estimates have been 

developed to execute the product development and production 

plan under the program; 
H. R. 5122—233

‘‘(9) funding is available to execute the product development 

and production plan under the program, through the period 

covered by the future-years defense program submitted during 

the fiscal year in which the certification is made, consistent 

with the estimates described in paragraph (8) for the program; 

and’’. 

(b) WAIVER FOR NATIONAL SECURITY.—Subsection (c) of such 

section is amended by striking ‘‘(5), or (6)’’ and inserting ‘‘(5), 

(6), (7), (8), or (9)’’. 

SEC. 806. ORIGINAL BASELINE ESTIMATE FOR MAJOR DEFENSE 

ACQUISITION PROGRAMS. 

Section 2435(d)(1) of title 10, United States Code, is amended 

by inserting after ‘‘with respect to the program under subsection 

(a)’’ the following: ‘‘prepared before the program enters system 

development and demonstration, or at program initiation, whichever 

occurs later’’. 

SEC. 807. LEAD SYSTEM INTEGRATORS. 

(a) LIMITATIONS ON CONTRACTORS ACTING AS LEAD SYSTEM

INTEGRATORS.—

(1) IN GENERAL.—Chapter 141 of title 10, United States 

Code, is amended by adding at the end the following new 

section: 

‘‘§ 2410p. Contracts: limitations on lead system integrators 

‘‘(a) IN GENERAL.—Except as provided in subsection (b), no 

entity performing lead system integrator functions in the acquisition 

of a major system by the Department of Defense may have any 

direct financial interest in the development or construction of any 

individual system or element of any system of systems. 

‘‘(b) EXCEPTION.—An entity described in subsection (a) may 

have a direct financial interest in the development or construction 

of an individual system or element of a system of systems if—

‘‘(1) the Secretary of Defense certifies to the Committees 

on Armed Services of the Senate and the House of Representatives that—

‘‘(A) the entity was selected by the Department of 

Defense as a contractor to develop or construct the system 

or element concerned through the use of competitive procedures; and 

‘‘(B) the Department took appropriate steps to prevent 

any organizational conflict of interest in the selection 

process; or 

‘‘(2) the entity was selected by a subcontractor to serve 

as a lower-tier subcontractor, through a process over which 

the entity exercised no control. 

‘‘(c) CONSTRUCTION.—Nothing in this section shall be construed 

to preclude an entity described in subsection (a) from performing 

work necessary to integrate two or more individual systems or 

elements of a system of systems with each other.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 141 of such title is amended by adding 

at the end the following new item:

‘‘2410p. Contracts: limitations on lead system integrators’’.
H. R. 5122—234

(3) EFFECTIVE DATE.—Section 2410p of title 10, United 

States Code, as added by paragraph (1), shall apply with respect 

to contracts entered into after December 31, 2006. 

(b) UPDATE OF REGULATIONS ON LEAD SYSTEM INTEGRATORS.—

Not later than December 31, 2006, the Secretary of Defense shall 

update the acquisition regulations of the Department of Defense 

in order to specify fully in such regulations the matters with respect 

to lead system integrators set forth in section 805(b) of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109–

163; 119 Stat. 3372) and the amendments made by subsection 

(a). 

(c) ADDITIONAL REPORT REQUIREMENTS.—The Secretary of 

Defense shall include in the report required by section 805 of 

such Act—

(1) a precise and comprehensive definition of the term 

‘‘lead system integrator’’, as that term is used in such section; 

and 

(2) a specification of various types of contracts and fee 

structures that are appropriate for use by lead system integrators in the production, fielding, and sustainment of complex 

systems. 

Subtitle B—Acquisition Policy and 

Management 

SEC. 811. TIME-CERTAIN DEVELOPMENT FOR DEPARTMENT OF 

DEFENSE INFORMATION TECHNOLOGY BUSINESS SYSTEMS. 

(a) MILESTONE A LIMITATION.—The Department of Defense 

executive or entity that is the milestone decision authority for 

an information system described in subsection (c) may not provide 

Milestone A approval for the system unless, as part of the decision 

process for such approval, that authority determines that the system 

will achieve initial operational capability within a specified period 

of time not exceeding five years. 

(b) INITIAL OPERATIONAL CAPABILITY LIMITATION.—If an 

information system described in subsection (c), having received 

Milestone A approval, has not achieved initial operational capability 

within five years after the date of such approval, the system shall 

be deemed to have undergone a critical change in program requiring 

the evaluation and report required by section 2445c(d) of title 

10, United States Code (as added by section 816 of this Act). 

(c) COVERED SYSTEMS.—An information system described in 

this subsection is any Department of Defense information technology business system that is not a national security system, 

as defined in 3542(b)(2) of title 44, United States Code. 

(d) DEFINITIONS.—In this section: 

(1) MILESTONE DECISION AUTHORITY.—The term ‘‘milestone 

decision authority’’ has the meaning given that term in Department of Defense Instruction 5000.2, dated May 12, 2003. 

(2) MILESTONE A.—The term ‘‘Milestone A’’ has the meaning 

given that term in Department of Defense Instruction 5000.2, 

dated May 12, 2003. 
H. R. 5122—235

SEC. 812. PILOT PROGRAM ON TIME-CERTAIN DEVELOPMENT IN 

ACQUISITION OF MAJOR WEAPON SYSTEMS. 

(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense 

may carry out a pilot program on the use of time-certain development in the acquisition of major weapon systems. 

(b) PURPOSE OF PILOT PROGRAM.—The purpose of the pilot 

program authorized by subsection (a) is to assess the feasibility 

and advisability of utilizing time-certain development in the acquisition of major weapon systems in order to deliver new capabilities 

to the warfighter more rapidly through—

(1) disciplined decision-making; 

(2) emphasis on technological maturity; and 

(3) appropriate trade-offs between—

(A) cost and system performance; and 

(B) program schedule. 

(c) INCLUSION OF SYSTEMS IN PILOT PROGRAM.—

(1) IN GENERAL.—The Secretary of Defense may include 

a major weapon system in the pilot program only if—

(A) the major weapon system meets the criteria under 

paragraph (2) in accordance with that paragraph; and 

(B) the Milestone Decision Authority nominates such 

program to the Secretary of Defense for inclusion in the 

program. 

(2) CRITERIA.—For purposes of paragraph (1) a major 

weapon system meets the criteria under this paragraph only 

if the Milestone Decision Authority determines, in consultation 

with the service acquisition executive for the military department carrying out the acquisition program for the system and 

one or more combatant commanders responsible for fielding 

the system, that—

(A) the certification requirements of section 2366a of 

title 10, United States Code (as amended by section 805 

of this Act), have been met, and no waivers have been 

granted from such requirements; 

(B) a preliminary design has been reviewed using systems engineering, and the system, as so designed, will 

meet battlefield needs identified by the relevant combatant 

commanders after appropriate requirements analysis; 

(C) a representative model or prototype of the system, 

or key subsystems, has been demonstrated in a relevant 

environment, such as a well-simulated operational environment; 

(D) an independent cost estimate has been conducted 

and used as the basis for funding requirements for the 

acquisition program for the system; 

(E) the budget of the military department responsible 

for carrying out the acquisition program for the system 

provides the funding necessary to execute the product 

development and production plan consistent with the 

requirements identified pursuant to subparagraph (D); 

(F) an appropriately qualified program manager has 

entered into a performance agreement with the Milestone 

Decision Authority that establishes expected parameters 

for the cost, schedule, and performance of the acquisition 

program for the system, consistent with a business case 

for such acquisition program; 
H. R. 5122—236

(G) the service acquisition executive and the program 

manager have developed a strategy to ensure stability in 

program management until, at a minimum, the delivery 

of the initial operational capability under the acquisition 

program for the system has occurred; 

(H) the service acquisition executive, the relevant 

combatant commanders, and the program manager have 

agreed that no additional requirements that would be 

inconsistent with the agreed-upon program schedule will 

be added during the development phase of the acquisition 

program for the system; and 

(I) a planned initial operational capability will be delivered to the relevant combatant commanders within a 

defined period of time as prescribed in regulations by the 

Secretary of Defense. 

(3) TIMING OF DECISION.—The decision whether to include 

a major weapon system in the pilot program shall be made 

at the time of milestone approval for the acquisition program 

for the system. 

(d) LIMITATION ON NUMBER OF WEAPONS SYSTEMS IN PILOT

PROGRAM.—The number of major weapon systems included in the 

pilot program at any time may not exceed six major weapon systems. 

(e) LIMITATION ON COST OF WEAPONS SYSTEMS IN PILOT PROGRAM.—The Secretary of Defense may include a major weapon 

system in the pilot program only if, at the time a major weapon 

system is proposed for inclusion, the total cost for system design 

and development of the weapon system, as set forth in the cost 

estimate referred to in subsection (c)(2)(D), does not exceed 

$1,000,000,000 during the period covered by the current futureyears defense program. 

(f) SPECIAL FUNDING AUTHORITY.—

(1) AUTHORITY FOR RESERVE ACCOUNT.—Notwithstanding 

any other provision of law, the Secretary of Defense may establish a special reserve account utilizing funds made available 

for the major weapon systems included in the pilot program. 

(2) ELEMENTS.—The special reserve account may include—

(A) funds made available for any major weapon system 

included in the pilot program to cover termination liability; 

(B) funds made available for any major weapon system 

included in the pilot program for award fees that may 

be earned by contractors; and 

(C) funds appropriated to the special reserve account. 

(3) AVAILABILITY OF FUNDS.—Funds in the special reserve 

account may be used, in accordance with guidance issued by 

the Secretary for purposes of this section, for the following 

purposes: 

(A) To cover termination liability for any major weapon 

system included in the pilot program. 

(B) To pay award fees that are earned by any contractor for a major weapon system included in the pilot 

program. 

(C) To address unforeseen contingencies that could prevent a major weapon system included in the pilot program 

from meeting critical schedule or performance requirements. 
H. R. 5122—237

(4) REPORTS ON USE OF FUNDS.—Not later than 30 days 

after the use of funds in the special reserve account for the 

purpose specified in paragraph (3)(C), the Secretary shall 

submit to the congressional defense committees a report on 

the use of funds in the account for such purpose. The report 

shall set forth the purposes for which the funds were used 

and the reasons for the use of the funds for such purposes. 

(5) RELATIONSHIP TO APPROPRIATIONS.—Nothing in this 

subsection may be construed as extending any period of time 

for which appropriated funds are made available. 

(g) ADMINISTRATION OF PILOT PROGRAM.—The Secretary of 

Defense shall prescribe policies and procedures on the administration of the pilot program. Such policies and procedures shall—

(1) provide for the use of program status reports based 

on earned value data to track progress on a major weapon 

system under the pilot program against baseline estimates 

applicable to such system at each systems engineering technical 

review point; and 

(2) grant authority, to the maximum extent practicable, 

to the program manager for the acquisition program for a 

major weapon system to make key program decisions and tradeoffs, subject to management reviews only if cost or schedule 

deviations exceed the baselines for such acquisition program 

by 10 percent or more. 

(h) REMOVAL OF WEAPONS SYSTEMS FROM PILOT PROGRAM.—

The Secretary of Defense shall remove a major weapon system 

from the pilot program if—

(1) the weapon system receives Milestone C approval; or 

(2) the Secretary determines that the weapon system is 

no longer in substantial compliance with the criteria in subsection (c)(2) or is otherwise no longer appropriate for inclusion 

in the pilot program. 

(i) EXPIRATION OF AUTHORITY TO INCLUDE ADDITIONAL SYSTEMS

IN PILOT PROGRAM.—

(1) EXPIRATION.—A major weapon system may not be 

included in the pilot program after September 30, 2012. 

(2) RETENTION OF SYSTEMS.—A major weapon system 

included in the pilot program before the date specified in paragraph (1) in accordance with the requirements of this section 

may remain in the pilot program after that date. 

(j) ANNUAL REPORT.—

(1) IN GENERAL.—Not later than one year after including 

the first major weapon system in the pilot program, and 

annually thereafter, the Secretary shall submit to the congressional defense committees a report on the pilot program, and 

the major weapon systems included in the pilot program, during 

the one-year period ending on the date of such report. 

(2) ELEMENTS.—Each report under this subsection shall 

include—

(A) a description of progress under the pilot program, 

and on each major weapon system included in the pilot 

program, during the period covered by such report; 

(B) a description of the use of all funds in the special 

reserve account established under subsection (f); and 

(C) such other matters as the Secretary considers 

appropriate. 
H. R. 5122—238

(k) MAJOR WEAPON SYSTEM DEFINED.—In this section, the term 

‘‘major weapon system’’ means a weapon system that is treatable 

as a major system under section 2302(5) of title 10, United States 

Code. 

SEC. 813. ESTABLISHMENT OF PANEL ON CONTRACTING INTEGRITY. 

(a) ESTABLISHMENT.—

(1) IN GENERAL.—The Secretary of Defense shall establish 

a panel to be known as the ‘‘Panel on Contracting Integrity’’. 

(2) COMPOSITION.—The panel shall be composed of the following: 

(A) A representative of the Under Secretary of Defense 

for Acquisition, Technology, and Logistics, who shall be 

the chairman of the panel. 

(B) A representative of the service acquisition executive 

of each military department. 

(C) A representative of the Inspector General of the 

Department of Defense. 

(D) A representative of the Inspector General of each 

military department. 

(E) A representative of each Defense Agency involved 

with contracting, as determined appropriate by the Secretary of Defense. 

(F) Such other representatives as may be determined 

appropriate by the Secretary of Defense. 

(b) DUTIES.—In addition to other matters assigned to it by 

the Secretary of Defense, the panel shall—

(1) conduct reviews of progress made by the Department 

of Defense to eliminate areas of vulnerability of the defense 

contracting system that allow fraud, waste, and abuse to occur; 

(2) review the report by the Comptroller General required 

by section 841 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3389), relating 

to areas of vulnerability of Department of Defense contracts 

to fraud, waste, and abuse; and 

(3) recommend changes in law, regulations, and policy that 

it determines necessary to eliminate such areas of vulnerability. 

(c) MEETINGS.—The panel shall meet as determined necessary 

by the Secretary of Defense but not less often than once every 

six months. 

(d) REPORT.—

(1) REQUIREMENT.—The panel shall prepare and submit 

to the Secretary of Defense and the congressional defense 

committees an annual report on its activities. The report shall 

be submitted not later than December 31 of each year and 

contain a summary of the panel’s findings and recommendations 

for the year covered by the report. 

(2) FIRST REPORT.—The first report under this subsection 

shall be submitted not later than December 31, 2007, and 

shall contain an examination of the current structure in the 

Department of Defense for contracting integrity and recommendations for any changes needed to the system of administrative safeguards and disciplinary actions to ensure accountability at the appropriate level for any violations of appropriate 

standards of behavior in contracting. 
H. R. 5122—239

(3) INTERIM REPORTS.—The panel may submit such interim 

reports to the congressional defense committees as the Secretary of Defense considers appropriate. 

(e) TERMINATION.—The panel shall terminate on December 31, 

2009. 

SEC. 814. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION 

OUTCOMES. 

(a) GUIDANCE ON LINKING OF AWARD AND INCENTIVE FEES

TO ACQUISITION OUTCOMES.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

issue guidance, with detailed implementation instructions 

(including definitions), for the Department of Defense on the appropriate use of award and incentive fees in Department of Defense 

acquisition programs. 

(b) ELEMENTS.—The guidance under subsection (a) shall—

(1) ensure that all new contracts using award fees link 

such fees to acquisition outcomes (which shall be defined in 

terms of program cost, schedule, and performance); 

(2) establish standards for identifying the appropriate level 

of officials authorized to approve the use of award and incentive 

fees in new contracts; 

(3) provide guidance on the circumstances in which contractor performance may be judged to be ‘‘excellent’’ or ‘‘superior’’ and the percentage of the available award fee which 

contractors should be paid for such performance; 

(4) establish standards for determining the percentage of 

the available award fee, if any, which contractors should be 

paid for performance that is judged to be ‘‘acceptable’’, ‘‘average’’, ‘‘expected’’, ‘‘good’’, or ‘‘satisfactory’’; 

(5) ensure that no award fee may be paid for contractor 

performance that is judged to be below satisfactory performance 

or performance that does not meet the basic requirements 

of the contract; 

(6) provide specific direction on the circumstances, if any, 

in which it may be appropriate to roll over award fees that 

are not earned in one award fee period to a subsequent award 

fee period or periods; 

(7) ensure consistent use of guidelines and definitions 

relating to award and incentive fees across the military departments and Defense Agencies; 

(8) ensure that the Department of Defense—

(A) collects relevant data on award and incentive fees 

paid to contractors; and 

(B) has mechanisms in place to evaluate such data 

on a regular basis; 

(9) include performance measures to evaluate the effectiveness of award and incentive fees as a tool for improving contractor performance and achieving desired program outcomes; 

and 

(10) provide mechanisms for sharing proven incentive 

strategies for the acquisition of different types of products 

and services among contracting and program management officials. 

(c) ASSESSMENT OF INDEPENDENT EVALUATION MECHANISMS.— (1) IN GENERAL.—The Secretary of Defense shall select 

a federally funded research and development center to assess 
H. R. 5122—240

various mechanisms that could be used to ensure an independent evaluation of contractor performance for the purpose 

of making determinations applicable to the judging and payment of award fees. 

(2) CONSIDERATIONS.—The assessment conducted pursuant 

to paragraph (1) shall include consideration of the advantages 

and disadvantages of a system in which award fees are—

(A) held in a separate fund or funds of the Department 

of Defense; and 

(B) allocated to a specific program only upon a determination by an independent board, charged with comparing 

contractor performance across programs, that such fees 

have been earned by the contractor for such program. 

(3) REPORT.—The Secretary shall submit to the congressional defense committees a report on the assessment conducted 

pursuant to paragraph (1) not later than one year after the 

date of the enactment of this Act. 

SEC. 815. REPORT ON DEFENSE INSTRUCTION RELATING TO CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY 

ARMED FORCES. 

(a) REPORT ON IMPLEMENTATION OF INSTRUCTION.—The Secretary of Defense shall submit to Congress a report on the Department of Defense instruction described in subsection (c). 

(b) MATTERS COVERED.—The report shall include the following: 

(1) Information on the status of the implementation of 

the instruction. 

(2) A discussion of how the instruction is being applied 

to—

(A) contracts in existence on the date the instruction 

was issued, including contracts with respect to which an 

option to extend is exercised after such date; 

(B) task orders issued under such contracts after the 

date referred to in subparagraph (A); and 

(C) contracts entered into after the date referred to 

in subparagraph (A). 

(3) An analysis of the effectiveness of the instruction. 

(4) A review of compliance with the instruction. 

(c) INSTRUCTION DESCRIBED.—The instruction referred to in 

this section is Department of Defense Instruction Number 3020.14, 

titled ‘‘Contractor Personnel Authorized to Accompany the United 

States Armed Forces’’. 

SEC. 816. MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS. 

(a) REPORTS AND INFORMATION ON PROGRAM COST AND

PERFORMANCE.— (1) IN GENERAL.—Part IV of subtitle A of title 10, United 

States Code, is amended by inserting after chapter 144 the 

following new chapter: 

‘‘CHAPTER 144A—MAJOR AUTOMATED 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.
H. R. 5122—241

‘‘§ 2445a. Major automated information system program 

defined 

‘‘(a) IN GENERAL.—In this chapter, the term ‘major automated 

information system program’ means a Department of Defense program for the acquisition of an automated information system (either 

as a product or a service) if—

‘‘(1) the program is designated by the Secretary of Defense, 

or a designee of the Secretary, as a major automated information system program; or 

‘‘(2) the dollar value of the program is estimated to exceed— ‘‘(A) $32,000,000 in fiscal year 2000 constant dollars 

for all program costs in a single fiscal year; ‘‘(B) $126,000,000 in fiscal year 2000 constant dollars 

for all program acquisition costs for the entire program; 

or 

‘‘(C) $378,000,000 in fiscal year 2000 constant dollars 

for the total life-cycle costs of the program (including operation and maintenance costs). 

‘‘(b) ADJUSTMENT.—The Secretary of Defense may adjust the 

amounts (and base fiscal year) set forth in subsection (a) on the 

basis of Department of Defense escalation rates. An adjustment 

under this subsection shall be effective after the Secretary transmits 

a written notification of the adjustment to the congressional defense 

committees. 

‘‘(c) INCREMENTS.—In the event any increment of a major automated information system program separately meets the requirements for treatment as a major automated information system 

program, the provisions of this chapter shall apply to such increment as well as to the overall major automated information system 

program of which such increment is a part. 

‘‘§ 2445b. Cost, schedule, and performance information 

‘‘(a) SUBMITTAL OF COST, SCHEDULE, AND PERFORMANCE

INFORMATION.—The Secretary of Defense shall submit to Congress 

each calendar year, not later than 45 days after the President 

submits to Congress the budget for a fiscal year under section 

1105 of title 31, budget justification documents regarding cost, 

schedule, and performance for each major automated information 

system program for which funds are requested by the President 

in the budget. 

‘‘(b) ELEMENTS.—The documents submitted under subsection 

(a) with respect to a major automated information system program 

shall include detailed and summarized information with respect 

to the automated information system to be acquired under the 

program, and shall specifically include each of the following: 

‘‘(1) The development schedule, including major milestones. 

‘‘(2) The implementation schedule, including estimates of 

milestone dates, initial operational capability, and full operational capability. 

‘‘(3) Estimates of development costs and full life-cycle costs. 

‘‘(4) A summary of key performance parameters. 

‘‘(c) BASELINE.—(1) For purposes of this chapter, the initial 

submittal to Congress of the documents required by subsection 

(a) with respect to a major automated information system program 

shall constitute the original estimate or information originally submitted on such program for purposes of the reports and determinations on program changes in section 2445c of this title. 
H. R. 5122—242

‘‘(2) An adjustment or revision of the original estimate or 

information originally submitted on a program may be treated 

as the original estimate or information originally submitted on 

the program if the adjustment or revision is the result of a critical 

change in the program covered by section 2445c(d) of this title. 

‘‘(3) In the event of an adjustment or revision to the original 

estimate or information originally submitted on a program under 

paragraph (2), the Secretary of Defense shall include in the next 

budget justification documents submitted under subsection (a) after 

such adjustment or revision a notification to the congressional 

defense committees of such adjustment or revision, together with 

the reasons for such adjustment or revision. 

‘‘§ 2445c. Reports: quarterly reports; reports on program 

changes 

‘‘(a) QUARTERLY REPORTS BY PROGRAM MANAGERS.—The program manager of a major automated information system program 

shall, on a quarterly basis, submit to the senior Department of 

Defense official responsible for the program a written report identifying any variance in the projected development schedule, 

implementation schedule, life-cycle costs, or key performance 

parameters for the major automated information system to be 

acquired under the program from such information as originally 

submitted to Congress under section 2445b of this title. 

‘‘(b) SENIOR OFFICIALS RESPONSIBLE FOR PROGRAMS.—For purposes of this section, the senior Department of Defense official 

responsible for a major automated information system program 

is—

‘‘(1) in the case of an automated information system to 

be acquired for a military department, the senior acquisition 

executive for the military department; or 

‘‘(2) in the case of any other automated information system 

to be acquired for the Department of Defense or any component 

of the Department of Defense, the Under Secretary of Defense 

for Acquisition, Technology, and Logistics. 

‘‘(c) REPORT ON SIGNIFICANT CHANGES IN PROGRAM.— ‘‘(1) IN GENERAL.—If, based on a quarterly report submitted 

by the program manager of a major automated information 

system program pursuant to subsection (a), the senior Department of Defense official responsible for the program makes 

a determination described in paragraph (2), the official shall, 

not later than 45 days after receiving such report, notify the 

congressional defense committees in writing of such determination. 

‘‘(2) COVERED DETERMINATION.—A determination described 

in this paragraph with respect to a major automated information system program is a determination that—

‘‘(A) there has been a schedule change that will cause 

a delay of more than six months but less than a year 

in any program schedule milestone or significant event 

from the schedule originally submitted to Congress under 

paragraph (1) or (2) of section 2445b(b) of this title; 

‘‘(B) the estimated program development cost or full 

life-cycle cost for the program has increased by at least 

15 percent, but less than 25 percent, over the original 

estimate submitted to Congress under paragraph (3) of 

section 2445b(b) of this title; or 
H. R. 5122—243

‘‘(C) there has been a significant, adverse change in 

the expected performance of the major automated information system to be acquired under the program from the 

parameters originally submitted to Congress under paragraph (4) of section 2445b(b) of this title. 

‘‘(d) REPORT ON CRITICAL CHANGES IN PROGRAM.—

‘‘(1) IN GENERAL.—If, based on a quarterly report submitted 

by the program manager of a major automated information 

system program pursuant to subsection (a), the senior Department of Defense official responsible for the program makes 

a determination described in paragraph (2), the official shall, 

not later than 60 days after receiving such report—

‘‘(A) carry out an evaluation of the program under 

subsection (e); and 

‘‘(B) submit, through the Secretary of Defense, to the 

congressional defense committees a report meeting the 

requirements of subsection (f). 

‘‘(2) COVERED DETERMINATION.—A determination described 

in this paragraph with respect to a major automated information system program is a determination that—

‘‘(A) the system failed to achieve initial operational 

capability within five years of milestone A approval; 

‘‘(B) there has been a schedule change that will cause 

a delay of one year or more in any program schedule 

milestone or significant event from the schedule originally 

submitted to Congress under paragraph (1) or (2) of section 

2445b(b) of this title; 

‘‘(C) the estimated program development cost or full 

life-cycle cost for the program has increased by 25 percent 

or more over the original estimate submitted to Congress 

under paragraph (3) of section 2445b(b) of this title; or 

‘‘(D) there has been a change in the expected performance of the major automated information system to be 

acquired under the program that will undermine the ability 

of the system to perform the functions anticipated at the 

time information on the program was originally submitted 

to Congress under section 2445b(b) of this title. 

‘‘(e) PROGRAM EVALUATION.—The evaluation of a major automated information system program conducted under this subsection 

for purposes of subsection (d)(1)(A) shall include an assessment 

of—

‘‘(1) the projected cost and schedule for completing the 

program if current requirements are not modified; 

‘‘(2) the projected cost and schedule for completing the 

program based on reasonable modification of such requirements; and 

‘‘(3) the rough order of magnitude of the cost and schedule 

for any reasonable alternative system or capability. 

‘‘(f) REPORT ON CRITICAL PROGRAM CHANGES.—A report on a 

major automated information system program conducted under this 

subsection for purposes of subsection (d)(1)(B) shall include a written certification (with supporting explanation) stating that—

‘‘(1) the automated information system to be acquired under 

the program is essential to the national security or to the 

efficient management of the Department of Defense; 

‘‘(2) there is no alternative to the system which will provide 

equal or greater capability at less cost; 
H. R. 5122—244

‘‘(3) the new estimates of the costs, schedule, and performance parameters with respect to the program and system are 

reasonable; and 

‘‘(4) the management structure for the program is adequate 

to manage and control program costs. 

‘‘(g) PROHIBITION ON OBLIGATION OF FUNDS.—(1) If the determination of a critical change to a program is made by the senior 

Department official responsible for the program under subsection 

(d)(2) and a report is not submitted to Congress within the 60-

day period provided by subsection (d)(1), appropriated funds may 

not be obligated for any major contract under the program. 

‘‘(2) The prohibition on the obligation of funds for a program 

under paragraph (1) shall cease to apply on the date on which 

Congress has received a report in compliance with the requirements 

of subsection (d)(2). 

‘‘§ 2445d. Construction with other reporting requirements 

‘‘In the case of a major automated information system program 

covered by this chapter that is also treatable as a major defense 

acquisition program for which reports would be required under 

chapter 144 of this title, no reports on the program are required 

under such chapter if the requirements of this chapter with respect 

to the program are met.’’. 

(2) CLERICAL AMENDMENTS.—The tables of chapters the 

beginning of subtitle A of such title, and of part IV of subtitle 

A of such title, are each amended by inserting after the item 

relating to chapter 144 the following new item:

‘‘144A. Major Automated Information System Programs ...................................2445a’’.

(b) REPORT ON REPORTING REQUIREMENTS APPLICABLE TO

MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS.—Not later 

than 180 days after the date of enactment of this Act, the Secretary 

of Defense shall submit to the congressional defense committees 

a report setting forth the reporting requirements applicable to major 

automated information system programs as of the date of the report, 

including a specification of such reporting requirements considered 

by the Secretary to be duplicative or redundant. 

(c) EFFECTIVE DATE.—

(1) IN GENERAL.—The amendments made by subsection 

(a) shall take effect on January 1, 2008, and shall apply with 

respect to any major automated information system program 

for which amounts are requested in the budget of the President 

(as submitted to Congress under section 1105 of title 31, United 

States Code) for a fiscal year after fiscal year 2008, regardless 

of whether the acquisition of the automated information system 

to be acquired under the program was initiated before, on, 

or after January 1, 2008. 

(2) REPORT REQUIREMENT.—Subsection (b) shall take effect 

on the date of the enactment of this Act. 

SEC. 817. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF 

THE DEPARTMENT OF DEFENSE BY CERTAIN NONDEFENSE AGENCIES. 

(a) INSPECTOR GENERAL REVIEWS AND DETERMINATIONS.—

(1) IN GENERAL.—For each covered non-defense agency, 

the Inspector General of the Department of Defense and the 

Inspector General of such non-defense agency shall, not later 

than March 15, 2007, jointly—
H. R. 5122—245

(A) review—

(i) the procurement policies, procedures, and 

internal controls of such non-defense agency that are 

applicable to the procurement of property and services 

on behalf of the Department by such non-defense 

agency; and 

(ii) the administration of those policies, procedures, 

and internal controls; and 

(B) determine in writing whether—

(i) such non-defense agency is compliant with 

defense procurement requirements; 

(ii) such non-defense agency is not compliant with 

defense procurement requirements, but has a program 

or initiative to significantly improve compliance with 

defense procurement requirements; 

(iii) neither of the conclusions stated in clauses 

(i) and (ii) is correct in the case of such non-defense 

agency; or 

(iv) such non-defense agency is not compliant with 

defense procurement requirements to such an extent 

that the interests of the Department of Defense are 

at risk in procurements conducted by such non-defense 

agency. 

(2) ACTIONS FOLLOWING CERTAIN DETERMINATIONS.—If the 

Inspectors General determine under paragraph (1) that a 

conclusion stated in clause (ii), (iii), or (iv) of subparagraph 

(B) of that paragraph is correct in the case of a covered nondefense agency, such Inspectors General shall, not later than 

June 15, 2008, jointly—

(A) conduct a second review, as described in subparagraph (A) of that paragraph, regarding such non-defense 

agency’s procurement of property or services on behalf of 

the Department of Defense in fiscal year 2007; and 

(B) determine in writing whether such non-defense 

agency is or is not compliant with defense procurement 

requirements. 

(b) COMPLIANCE WITH DEFENSE PROCUREMENT REQUIRE- MENTS.—For the purposes of this section, a covered non-defense 

agency is compliant with defense procurement requirements if such 

non-defense agency’s procurement policies, procedures, and internal 

controls applicable to the procurement of products and services 

on behalf of the Department of Defense, and the manner in which 

they are administered, are adequate to ensure such non-defense 

agency’s compliance with the requirements of laws and regulations 

that apply to procurements of property and services made directly 

by the Department of Defense. 

(c) MEMORANDA OF UNDERSTANDING BETWEEN INSPECTORS

GENERAL.—

(1) IN GENERAL.—Not later than 60 days after the date 

of the enactment of this Act, the Inspector General of the 

Department of Defense and the Inspector General of each covered non-defense agency shall enter into a memorandum of 

understanding with each other to carry out the reviews and 

make the determinations required by this section. 

(2) SCOPE OF MEMORANDA.—The Inspector General of the 

Department of Defense and the Inspector General of a covered 

non-defense agency may by mutual agreement conduct separate 
H. R. 5122—246

reviews of the procurement of property and services on behalf 

of the Department of Defense that are conducted by separate 

business units, or under separate governmentwide acquisition 

contracts, of such non-defense agency. In any case where such 

separate reviews are conducted, the Inspectors General shall 

make separate determinations under paragraph (1) or (2) of 

subsection (a), as applicable, with respect to each such separate 

review. 

(d) LIMITATIONS ON PROCUREMENTS ON BEHALF OF DEPARTMENT

OF DEFENSE.—

(1) LIMITATION DURING REVIEW PERIOD.—After March 15, 

2007, and before June 16, 2008, no official of the Department 

of Defense may, except as provided in subsection (e) or (f), 

order, purchase, or otherwise procure property or services in 

an amount in excess of $100,000 through a covered non-defense 

agency for which a determination described in clause (iii) or 

(iv) of paragraph (1)(B) of subsection (a) has been made under 

subsection (a). 

(2) LIMITATION AFTER REVIEW PERIOD.—After June 15, 2008, 

no official of the Department of Defense may, except as provided 

in subsection (e) or (f), order, purchase, or otherwise procure 

property or services in an amount in excess of $100,000 through 

a covered non-defense agency that, having been subject to 

review under this section, has not been determined under this 

section as being compliant with defense procurement requirements. 

(3) LIMITATION FOLLOWING FAILURE TO REACH MOU.—Commencing on the date that is 60 days after the date of the 

enactment of this Act, if a memorandum of understanding 

between the Inspector General of the Department of Defense 

and the Inspector General of a covered non-defense agency 

cannot be attained causing the review required by this section 

to not be performed, no official of the Department of Defense, 

except as provided in subsection (e) or (f), may order, purchase 

or otherwise procure property or services in an amount in 

excess of $100,000 through such non-defense agency. 

(e) EXCEPTION FROM APPLICABILITY OF LIMITATIONS.—

(1) EXCEPTION.—No limitation applies under subsection (d) 

with respect to the procurement of property and services on 

behalf of the Department of Defense by a covered non-defense 

agency during any period that there is in effect a determination 

of the Under Secretary of Defense for Acquisition, Technology, 

and Logistics, made in writing, that it is necessary in the 

interest of the Department of Defense to continue to procure 

property and services through such non-defense agency. 

(2) APPLICABILITY OF DETERMINATION.—A written determination with respect to a covered non-defense agency under 

paragraph (1) is in effect for the period, not in excess of one 

year, that the Under Secretary shall specify in the written 

determination. The Under Secretary may extend from time 

to time, for up to one year at a time, the period for which 

the written determination remains in effect. 

(f) TERMINATION OF APPLICABILITY OF LIMITATIONS.—Subsection 

(d) shall cease to apply to a covered non-defense agency on the 

date on which the Inspector General of the Department of Defense 

and the Inspector General of such non-defense agency jointly—
H. R. 5122—247

(1) determine that such non-defense agency is compliant 

with defense procurement requirements; and 

(2) notify the Secretary of Defense of that determination. 

(g) IDENTIFICATION OF PROCUREMENTS MADE DURING A PARTICULAR FISCAL YEAR.—For the purposes of subsection (a), a 

procurement shall be treated as being made during a particular 

fiscal year to the extent that funds are obligated by the Department 

of Defense for that procurement in that fiscal year. 

(h) RESOLUTION OF DISAGREEMENTS.—If the Inspector General 

of the Department of Defense and the Inspector General of a covered 

non-defense agency are unable to agree on a joint determination 

under subsection (a) or (f), a determination by the Inspector General 

of the Department of Defense under such subsection shall be conclusive for the purposes of this section. 

(i) DEFINITIONS.—In this section: 

(1) The term ‘‘covered non-defense agency’’ means each 

of the following: 

(A) The Department of Veterans Affairs. 

(B) The National Institutes of Health. 

(2) The term ‘‘governmentwide acquisition contract’’, with 

respect to a covered non-defense agency, means a task or 

delivery order contract that—

(A) is entered into by the non-defense agency; and 

(B) may be used as the contract under which property 

or services are procured for one or more other departments 

or agencies of the Federal Government. 

SEC. 818. DETERMINATION OF CONTRACT TYPE FOR DEVELOPMENT 

PROGRAMS. 

(a) REPEAL OF SUPERSEDED REQUIREMENTS.—Section 807 of 

the National Defense Authorization Act, Fiscal Year 1989 (10 U.S.C. 

2304 note) is repealed. 

(b) MODIFICATION OF REGULATIONS.—Not later than 120 days 

after the date of the enactment of this Act, the Secretary of Defense 

shall modify the regulations of the Department of Defense regarding 

the determination of contract type for development programs. 

(c) ELEMENTS.—As modified under subsection (b), the regulations shall require the Milestone Decision Authority for a major 

defense acquisition program to select the contract type for a development program at the time of a decision on Milestone B approval 

(or Key Decision Point B approval in the case of a space program) 

that is consistent with the level of program risk for the program. 

The Milestone Decision Authority may select—

(1) a fixed-price type contract (including a fixed price incentive contract); or 

(2) a cost type contract. 

(d) CONDITIONS WITH RESPECT TO AUTHORIZATION OF COST

TYPE CONTRACT.—As modified under subsection (b), the regulations 

shall provide that the Milestone Decision Authority may authorize 

the use of a cost type contract under subsection (c) for a development 

program only upon a written determination that—

(1) the program is so complex and technically challenging 

that it would not be practicable to reduce program risk to 

a level that would permit the use of a fixed-price type contract; 

and 
H. R. 5122—248

(2) the complexity and technical challenge of the program 

is not the result of a failure to meet the requirements established in section 2366a of title 10, United States Code. 

(e) JUSTIFICATION FOR SELECTION OF CONTRACT TYPE.—As 

modified under subsection (b), the regulations shall require the 

Milestone Decision Authority to document the basis for the contract 

type selected for a program. The documentation shall include an 

explanation of the level of program risk for the program and, 

if the Milestone Decision Authority determines that the level of 

program risk is high, the steps that have been taken to reduce 

program risk and reasons for proceeding with Milestone B approval 

despite the high level of program risk. 

SEC. 819. THREE-YEAR EXTENSION OF REQUIREMENT FOR REPORTS 

ON COMMERCIAL PRICE TREND ANALYSES OF THE 

DEPARTMENT OF DEFENSE. 

Section 803(c)(4) of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (10 U.S.C. 2306a note) 

is amended by striking ‘‘2006’’ and inserting ‘‘2009’’. 

SEC. 820. GOVERNMENT PERFORMANCE OF CRITICAL ACQUISITION 

FUNCTIONS. 

(a) GOAL.—It shall be the goal of the Department of Defense 

and each of the military departments to ensure that, within five 

years after the date of the enactment of this Act, for each major 

defense acquisition program and each major automated information 

system program, each of the following positions is performed by 

a properly qualified member of the Armed Forces or full-time 

employee of the Department of Defense: 

(1) Program manager. 

(2) Deputy program manager. 

(3) Chief engineer. 

(4) Systems engineer. 

(5) Cost estimator. 

(b) PLAN OF ACTION.—Not later than six months after the 

date of enactment of this Act, the Secretary of Defense shall develop 

and begin implementation of a plan of action for recruiting, training, 

and ensuring appropriate career development of military and 

civilian personnel to achieve the objective established in subsection 

(a). The plan of action required by this subsection shall include 

specific, measurable interim milestones. 

(c) REPORTS.—Not later than one year after the date of the 

enactment of this Act and each year thereafter, the Secretary of 

Defense shall submit to the congressional defense committees a 

report on the progress made by the Department of Defense and 

the military departments toward achieving the goal established 

in subsection (a). 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘major defense acquisition program’’ has the 

meaning given such term in section 2430(a) of title 10, United 

States Code. 

(2) The term ‘‘major automated information system program’’ has the meaning given such term in section 2445a(a) 

of title 10, United States Code (as added by section 816 of 

this Act). 
H. R. 5122—249

Subtitle C—Amendments to General Contracting Authorities, Procedures, and 

Limitations 

SEC. 831. ONE-YEAR EXTENSION OF SPECIAL TEMPORARY CONTRACT 

CLOSEOUT AUTHORITY. 

Section 804(d) of the National Defense Authorization Act for 

Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1542) is amended 

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

2007’’. 

SEC. 832. LIMITATION ON CONTRACTS FOR THE ACQUISITION OF CERTAIN SERVICES. 

(a) LIMITATION.—Except as provided in subsection (b), the Secretary of Defense may not enter into a service contract to acquire 

a military flight simulator. 

(b) WAIVER.—The Secretary of Defense may waive subsection 

(a) with respect to a contract if the Secretary—

(1) determines that a waiver is necessary for national security purposes; and 

(2) provides to the congressional defense committees an 

economic analysis as described in subsection (c) at least 30 

days before the waiver takes effect. 

(c) ECONOMIC ANALYSIS.—The economic analysis provided 

under subsection (b) shall include, at a minimum, the following: 

(1) A clear explanation of the need for the contract. 

(2) An examination of at least two alternatives for fulfilling 

the requirements that the contract is meant to fulfill, including 

the following with respect to each alternative: 

(A) A rationale for including the alternative. 

(B) A cost estimate of the alternative and an analysis 

of the quality of each cost estimate. 

(C) A discussion of the benefits to be realized from 

the alternative. 

(D) A best value determination of each alternative 

and a detailed explanation of the life-cycle cost calculations 

used in the determination. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘military flight simulator’’ means any major 

system to simulate the form, fit, and function of a military 

aircraft that has no commonly available commercial variant. 

(2) The term ‘‘service contract’’ means any contract entered 

into by the Department of Defense the principal purpose of 

which is to furnish services in the United States through the 

use of service employees. 

(3) The term ‘‘service employees’’ has the meaning provided 

in section 8(b) of the Service Contract Act of 1965 (41 U.S.C. 

357(b)). 
H. R. 5122—250

SEC. 833. USE OF FEDERAL SUPPLY SCHEDULES BY STATE AND LOCAL 

GOVERNMENTS FOR GOODS AND SERVICES FOR 

RECOVERY FROM NATURAL DISASTERS, TERRORISM, OR 

NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL 

ATTACK. 

(a) AUTHORITY TO USE SUPPLY SCHEDULES FOR CERTAIN GOODS

AND SERVICES.—Section 502 of title 40, United States Code, is 

amended by adding at the end the following new subsection: 

‘‘(d) USE OF SUPPLY SCHEDULES FOR CERTAIN GOODS AND SERVICES.—

‘‘(1) IN GENERAL.—The Administrator may provide for the 

use by State or local governments of Federal supply schedules 

of the General Services Administration for goods or services 

that are to be used to facilitate recovery from a major disaster 

declared by the President under the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

or to facilitate recovery from terrorism or nuclear, biological, 

chemical, or radiological attack. 

‘‘(2) DETERMINATION BY SECRETARY OF HOMELAND SECU- RITY.—The Secretary of Homeland Security shall determine 

which goods and services qualify as goods and services described 

in paragraph (1) before the Administrator provides for the 

use of the Federal supply schedule relating to such goods and 

services. 

‘‘(3) VOLUNTARY USE.—In the case of the use by a State 

or local government of a Federal supply schedule pursuant 

to paragraph (1), participation by a firm that sells to the 

Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government 

through such supply schedule. 

‘‘(4) DEFINITIONS.—The definitions in subsection (c)(3) shall 

apply for purposes of this subsection.’’. 

(b) PROCEDURES.—Not later than 30 days after the date of 

the enactment of this Act, the Administrator of General Services 

shall establish procedures to implement subsection (d) of section 

502 of title 40, United States Code (as added by subsection (a)). 

SEC. 834. WAIVERS TO EXTEND TASK ORDER CONTRACTS FOR 

ADVISORY AND ASSISTANCE SERVICES. 

(a) DEFENSE CONTRACTS.— (1) WAIVER AUTHORITY.—The head of an agency may issue 

a waiver to extend a task order contract entered into under 

section 2304b of title 10, United States Code, for a period 

not exceeding 10 years, through five one-year options, if the 

head of the agency determines in writing—

(A) that the contract provides engineering or technical 

services of such a unique and substantial technical nature 

that award of a new contract would be harmful to the 

continuity of the program for which the services are performed; 

(B) that award of a new contract would create a large 

disruption in services provided to the Department of 

Defense; and 

(C) that the Department of Defense would, through 

award of a new contract, endure program risk during critical program stages due to loss of program corporate knowledge of ongoing program activities. 
H. R. 5122—251

(2) DELEGATION.—The authority of the head of an agency 

under paragraph (1) may be delegated only to the senior 

procurement executive of the agency. 

(3) REPORT.—Not later than April 1, 2007, the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report on 

advisory and assistance services. The report shall include the 

following information: 

(A) The methods used by the Department of Defense 

to identify a contract as an advisory and assistance services 

contract, as defined in section 2304b of title 10, United 

States Code. 

(B) The number of such contracts awarded by the 

Department during the five-year period preceding the date 

of the enactment of this Act. 

(C) The average annual expenditures by the Department for such contracts. 

(D) The average length of such contracts. 

(E) The number of such contracts recompeted and 

awarded to the previous award winner. 

(4) PROHIBITION ON USE OF AUTHORITY BY DEPARTMENT

OF DEFENSE IF REPORT NOT SUBMITTED.—The head of an agency 

may not issue a waiver under paragraph (1) if the report 

required by paragraph (3) is not submitted by the date set 

forth in that paragraph. 

(b) CIVILIAN AGENCY CONTRACTS.— (1) WAIVER AUTHORITY.—The head of an executive agency 

may issue a waiver to extend a task order contract entered 

into under section 303I of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253i) for a period not 

exceeding 10 years, through five one-year options, if the head 

of the agency determines in writing—

(A) that the contract provides engineering or technical 

services of such a unique and substantial technical nature 

that award of a new contract would be harmful to the 

continuity of the program for which the services are performed; 

(B) that award of a new contract would create a large 

disruption in services provided to the executive agency; 

and 

(C) that the executive agency would, through award 

of a new contract, endure program risk during critical 

program stages due to loss of program corporate knowledge 

of ongoing program activities. 

(2) DELEGATION.—The authority of the head of an executive 

agency under paragraph (1) may be delegated only to the Chief 

Acquisition Officer of the agency (or the senior procurement 

executive in the case of an agency for which a Chief Acquisition 

Officer has not been appointed or designated under section 

16(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 

414(a))). 

(3) REPORT.—Not later than April 1, 2007, the Administrator for Federal Procurement Policy shall submit to the Committee on Homeland Security and Governmental Affairs of the 

Senate and the Committee on Government Reform of the House 

of Representatives a report on advisory and assistance services. 

The report shall include the following information: 
H. R. 5122—252

(A) The methods used by executive agencies to identify 

a contract as an advisory and assistance services contract, 

as defined in section 303I(i) of the Federal Property and 

Administrative Services Act of 1949 (41 U.S.C. 253i(i)). 

(B) The number of such contracts awarded by each 

executive agency during the five-year period preceding the 

date of the enactment of this Act. 

(C) The average annual expenditures by each executive 

agency for such contracts. 

(D) The average length of such contracts. 

(E) The number of such contracts recompeted and 

awarded to the previous award winner. 

(4) PROHIBITION ON USE OF AUTHORITY BY EXECUTIVE AGEN- CIES IF REPORT NOT SUBMITTED.—The head of an executive 

agency may not issue a waiver under paragraph (1) if the 

report required by paragraph (3) is not submitted by the date 

set forth in that paragraph. 

(c) TERMINATION OF AUTHORITY.—A waiver may not be issued 

under this section after December 31, 2011. 

(d) COMPTROLLER GENERAL REVIEW.— (1) REPORT REQUIREMENT.—Not later than one year after 

the date of the enactment of this Act, the Comptroller General 

shall submit to the committees described in paragraph (3) a 

report on the use of advisory and assistance services contracts 

by the Federal Government. 

(2) DEFENSE AND CIVILIAN AGENCY CONTRACTS COVERED.— The report shall cover both of the following: 

(A) Advisory and assistance services contracts as 

defined in section 2304b of title 10, United States Code. 

(B) Advisory and assistance services contracts as 

defined in section 303I(i) of the Federal Property and 

Administrative Services Act of 1949 (41 U.S.C. 253i(i)). 

(3) MATTERS COVERED.—The report shall address the following issues: 

(A) The extent to which executive agencies and elements of the Department of Defense require advisory and 

assistance services for periods of greater than five years. 

(B) The extent to which such advisory and assistance 

services are provided by the same contractors under recurring contracts. 

(C) The rationale for contracting for advisory and 

assistance services that will be needed on a continuing 

basis, rather than performing the services inside the Federal Government. 

(D) The contract types and oversight mechanisms used 

by the Federal Government in contracts for advisory and 

assistance services and the extent to which such contract 

types and oversight mechanisms are adequate to protect 

the interests of the Government and taxpayers. 

(E) The actions taken by the Federal Government to 

prevent organizational conflicts of interest and improper 

personal services contracts in its contracts for advisory 

and assistance services. 

(4) COMMITTEES.—The committees described in this paragraph are the following: 

(A) The Committees on Armed Services and on Homeland Security and Governmental Affairs of the Senate. 
H. R. 5122—253

(B) The Committees on Armed Services and on Government Reform of the House of Representatives. 

Subtitle D—United States Defense 

Industrial Base Provisions 

SEC. 841. ASSESSMENT AND ANNUAL REPORT OF UNITED STATES 

DEFENSE INDUSTRIAL BASE CAPABILITIES AND ACQUISITIONS OF ARTICLES, MATERIALS, AND SUPPLIES MANUFACTURED OUTSIDE THE UNITED STATES. 

Section 812 of the National Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136; 117 Stat. 1542) is amended—

(1) by amending the heading to read as follows: 

‘‘SEC. 812. ASSESSMENT AND ANNUAL REPORT OF UNITED STATES 

DEFENSE INDUSTRIAL BASE CAPABILITIES AND ACQUISITIONS OF ARTICLES, MATERIALS, AND SUPPLIES MANUFACTURED OUTSIDE THE UNITED STATES.’’; 

(2) by adding at the end of subsection (c)(2)(A) the following 

new clauses: 

‘‘(v) The dollar value of any articles, materials, or supplies 

purchased that were manufactured outside of the United States. 

‘‘(vi) An itemized list of all waivers granted with respect 

to such articles, materials, or supplies under the Buy American 

Act (41 U.S.C. 10a et seq.). 

‘‘(vii) A summary of—

‘‘(I) the total procurement funds expended on articles, 

materials, and supplies manufactured inside the United 

States; and 

‘‘(II) the total procurement funds expended on articles, 

materials, and supplies manufactured outside the United 

States.’’; and 

(3) by adding at the end the following new subsections: 

‘‘(d) PUBLIC AVAILABILITY.—The Secretary of Defense shall 

make the report submitted under subsection (c) publicly available 

to the maximum extent practicable. 

‘‘(e) APPLICABILITY.—This section shall not apply to acquisitions 

made by an agency, or component thereof, that is an element 

of the intelligence community as set forth in or designated under 

section 3(4) of the National Security Act of 1947 (50 U.S.C. 

401a(4)).’’. 

SEC. 842. PROTECTION OF STRATEGIC MATERIALS CRITICAL TO 

NATIONAL SECURITY. 

(a) REQUIREMENT TO BUY FROM AMERICAN SOURCES.—

(1) IN GENERAL.—Subchapter V of chapter 148 of title 10, 

United States Code, is amended by inserting after section 2533a 

the following new section: 

‘‘§ 2533b. Requirement to buy strategic materials critical to 

national security from American sources; exceptions 

‘‘(a) REQUIREMENT.—Except as provided in subsections (b) 

through (j), funds appropriated or otherwise available to the Department of Defense may not be used for procurement of—
H. R. 5122—254

‘‘(1) the following types of end items, or components thereof, 

containing a specialty metal not melted or produced in the 

United States: aircraft, missile and space systems, ships, tank 

and automotive items, weapon systems, or ammunition; or 

‘‘(2) a specialty metal that is not melted or produced in 

the United States and that is to be purchased directly by 

the Department of Defense or a prime contractor of the Department. 

‘‘(b) AVAILABILITY EXCEPTION.—(1) Subsection (a) does not apply 

to the extent that the Secretary of Defense or the Secretary of 

the military department concerned determines that compliant specialty metal of satisfactory quality and sufficient quantity, and 

in the required form, cannot be procured as and when needed. 

For purposes of the preceding sentence, the term ‘compliant specialty metal’ means specialty metal melted or produced in the 

United States. 

‘‘(2) This subsection applies to prime contracts and subcontracts 

at any tier under such contracts. 

‘‘(c) EXCEPTION FOR CERTAIN PROCUREMENTS.—Subsection (a) 

does not apply to the following: 

‘‘(1) Procurements outside the United States in support 

of combat operations or in support of contingency operations. 

‘‘(2) Procurements for which the use of procedures other 

than competitive procedures has been approved on the basis 

of section 2304(c)(2) of this title, relating to unusual and compelling urgency of need. 

‘‘(d) EXCEPTION RELATING TO AGREEMENTS WITH FOREIGN

GOVERNMENTS.—Subsection (a)(1) does not preclude the procurement of a specialty metal if—

‘‘(1) the procurement is necessary—

‘‘(A) to comply with agreements with foreign governments requiring the United States to purchase supplies 

from foreign sources for the purposes of offsetting sales 

made by the United States Government or United States 

firms under approved programs serving defense requirements; or 

‘‘(B) in furtherance of agreements with foreign governments in which both such governments agree to remove 

barriers to purchases of supplies produced in the other 

country or services performed by sources of the other 

country; and 

‘‘(2) any such agreement with a foreign government complies, where applicable, with the requirements of section 36 

of the Arms Export Control Act (22 U.S.C. 2776) and with 

section 2457 of this title. 

‘‘(e) EXCEPTION FOR COMMISSARIES, EXCHANGES, AND OTHER

NONAPPROPRIATED FUND INSTRUMENTALITIES.—Subsection (a) does 

not apply to items purchased for resale purposes in commissaries, 

exchanges, and nonappropriated fund instrumentalities operated 

by the Department of Defense. 

‘‘(f) EXCEPTION FOR SMALL PURCHASES.—Subsection (a) does 

not apply to procurements in amounts not greater than the simplified acquisition threshold referred to in section 2304(g) of this 

title. 

‘‘(g) EXCEPTION FOR PURCHASES OF ELECTRONIC COMPONENTS.— Subsection (a) does not apply to procurements of commercially 

available electronic components whose specialty metal content is 
H. R. 5122—255

de minimis in value compared to the overall value of the lowest 

level electronic component produced that contains such specialty 

metal. 

‘‘(h) APPLICABILITY TO PROCUREMENTS OF COMMERCIAL ITEMS.—

This section applies to procurements of commercial items notwithstanding section 34 of the Office of Federal Procurement Policy 

Act (41 U.S.C. 430). 

‘‘(i) SPECIALTY METAL DEFINED.—In this section, the term ‘specialty metal’ means any of the following: 

‘‘(1) Steel—

‘‘(A) with a maximum alloy content exceeding one or 

more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or 

‘‘(B) containing more than 0.25 percent of any of the 

following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadium. 

‘‘(2) Metal alloys consisting of nickel, iron-nickel, and cobalt 

base alloys containing a total of other alloying metals (except 

iron) in excess of 10 percent. 

‘‘(3) Titanium and titanium alloys. 

‘‘(4) Zirconium and zirconium base alloys. 

‘‘(j) ADDITIONAL DEFINITIONS.—In this section: 

‘‘(1) The term ‘United States’ includes possessions of the 

United States. 

‘‘(2) The term ‘component’ has the meaning provided in 

section 4 of the Office of Federal Procurement Policy Act (41 

U.S.C. 403).’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such subchapter is amended by adding at the 

end the following new item:

‘‘2533b. Requirement to buy strategic materials critical to national security from 

American sources; exceptions.’’.

(3) CONFORMING AMENDMENTS.—Section 2533a of title 10, 

United States Code, is amended—

(A) by striking paragraph (2) of subsection (b) and 

redesignating paragraph (3) of such subsection as paragraph (2); 

(B) in subsection (c), by striking ‘‘or specialty metals 

(including stainless steel flatware)’’; and 

(C) in subsection (e)—

(i) by striking ‘‘SPECIALTY METALS AND’’ in the 

heading; and 

(ii) by striking ‘‘specialty metals or’’. 

(4) EFFECTIVE DATES.— (A) Section 2533b of title 10, United States Code, as 

added by paragraph (1), shall apply with respect to contracts entered into after the date occurring 30 days after 

the date of the enactment of this Act. 

(B) The amendments made by paragraph (3) shall take 

effect on the date occurring 30 days after the date of 

the enactment of this Act. 

(b) ONE-TIME WAIVER OF SPECIALTY METALS DOMESTIC SOURCE

REQUIREMENT.— (1) AUTHORITY.—The Secretary of Defense or the Secretary 

of a military department may accept specialty metals if such 
H. R. 5122—256

metals were incorporated into items produced, manufactured, 

or assembled in the United States before the date of the enactment of this Act with respect to which the contracting officer 

for the contract determines that the contractor is not in compliance with section 2533b of title 10, United States Code (as 

added by subsection (a)(1)), if—

(A) the contracting officer for the contract determines 

in writing that—

(i) it would not be practical or economical to remove 

or replace the specialty metals incorporated in such 

items or to substitute items containing compliant materials; 

(ii) the prime contractor and subcontractor responsible for providing items containing non-compliant 

materials have in place an effective plan to ensure 

compliance with section 2533b of title 10, United States 

Code (as so added), with regard to items containing 

specialty metals if such metals were incorporated into 

items produced, manufactured, or assembled in the 

United States after the date of the enactment of this 

Act; and 

(iii) the non-compliance is not knowing or willful; 

and 

(B) the Under Secretary of Defense for Acquisition, 

Technology, and Logistics or the service acquisition executive of the military department concerned approves the 

determination. 

(2) NOTICE.—Not later than 15 days after a contracting 

officer makes a determination under paragraph (1)(A) with 

respect to a contract, the contracting officer shall post a notice 

on FedBizOpps.gov that a waiver has been granted for the 

contract under this subsection. 

(3) DEFINITION.—In this subsection, the term 

‘‘FedBizOpps.gov’’ means the website maintained by the General Services Administration known as FedBizOpps.gov (or any 

successor site). 

(4) TERMINATION OF AUTHORITY.—A contracting officer may 

exercise the authority under this subsection only with respect 

to the delivery of items the final acceptance of which takes 

place after the date of the enactment of this Act and before 

September 30, 2010. 

SEC. 843. STRATEGIC MATERIALS PROTECTION BOARD. 

(a) IN GENERAL.—Chapter 7 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 187. Strategic Materials Protection Board 

‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense shall establish a Strategic Materials Protection Board. 

‘‘(2) The Board shall be composed of representatives of the 

following: 

‘‘(A) The Secretary of Defense, who shall be the chairman 

of the Board. 

‘‘(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics. 

‘‘(C) The Under Secretary of Defense for Intelligence. 

‘‘(D) The Secretary of the Army. 
H. R. 5122—257

‘‘(E) The Secretary of the Navy. 

‘‘(F) The Secretary of the Air Force. 

‘‘(b) DUTIES.—In addition to other matters assigned to it by 

the Secretary of Defense, the Board shall—

‘‘(1) determine the need to provide a long term domestic 

supply of materials designated as critical to national security 

to ensure that national defense needs are met; 

‘‘(2) analyze the risk associated with each material designated as critical to national security and the effect on national 

defense that the nonavailability of such material from a 

domestic source would have; 

‘‘(3) recommend a strategy to the President to ensure the 

domestic availability of materials designated as critical to 

national security; 

‘‘(4) recommend such other strategies to the President as 

the Board considers appropriate to strengthen the industrial 

base with respect to materials critical to national security; 

and 

‘‘(5) publish not less frequently than once every two years 

in the Federal Register recommendations regarding materials 

critical to national security, including a list of specialty metals, 

if any, recommended for addition to, or removal from, the 

definition of ‘specialty metal’ for purposes of section 2533b 

of this title. 

‘‘(c) MEETINGS.—The Board shall meet as determined necessary 

by the Secretary of Defense but not less frequently than once 

every two years to make recommendations regarding materials 

critical to national security as described in subsection (b)(5). 

‘‘(d) REPORTS.—After each meeting of the Board, the Board 

shall prepare and submit to Congress a report containing the results 

of the meeting and such recommendations as the Board determines 

appropriate.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘187. Strategic Materials Protection Board.’’.

(c) FIRST MEETING OF BOARD.—The first meeting of the Strategic Materials Protection Board, established by section 187 of 

title 10, United States Code (as added by subsection (a)) shall 

be not later than 180 days after the date of the enactment of 

this Act. 

Subtitle E—Other Matters 

SEC. 851. REPORT ON FORMER DEPARTMENT OF DEFENSE OFFICIALS 

EMPLOYED BY CONTRACTORS OF THE DEPARTMENT OF 

DEFENSE. 

(a) REPORT REQUIRED.—Not later than December 1, 2007, the 

Comptroller General shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a report on 

the employment of former officials of the Department of Defense 

by major defense contractors during the most recent calendar year 

for which, in the judgment of the Comptroller General, data are 

reasonably available. The report shall assess the extent to which 
H. R. 5122—258

former officials of the Department of Defense who served in acquisition-related positions were provided compensation by major defense 

contractors during such calendar year. 

(b) OBJECTIVES OF REPORT.—The objectives of the report 

required by subsection (a) shall be to determine the effectiveness 

of existing statutes and regulations governing the employment of 

former Department of Defense officials by defense contractors, 

including section 207 of title 18, United States Code, and section 

27 of the Office of Federal Procurement Policy Act (41 U.S.C. 

423). At a minimum, the report shall assess the extent to which 

such former officials who receive compensation from defense contractors have been assigned by those contractors to work on—

(1) Department of Defense contracts or programs for which 

such former officials personally had program oversight responsibility or decision-making authority when they served in the 

Department of Defense; or 

(2) Department of Defense contracts or programs which 

are the responsibility of the agency, office, or command in 

which such former officials served in the Department of 

Defense. 

(c) CONFIDENTIALITY REQUIREMENT.—The report required by 

subsection (a) shall not include the names of specific former Department of Defense officials who receive compensation from defense 

contractors or information from which such individuals could be 

identified. 

(d) ACCESS TO INFORMATION.—In accordance with the contract 

clause required pursuant to section 2313(c) of title 10, United 

States Code, a major defense contractor shall provide the Comptroller General access to information requested by the Comptroller 

General for the purpose of this review regarding former officials 

of the Department of Defense who have received compensation 

from the contractor during the relevant calendar year. 

(e) DEFINITIONS.—In this section: 

(1) MAJOR DEFENSE CONTRACTOR.—The term ‘‘major defense 

contractor’’ includes any company that received more than 

$500,000,000 in contract awards from the Department of 

Defense in fiscal year 2005. 

(2) FORMER DEPARTMENT OF DEFENSE OFFICIAL.—The term 

‘‘former Department of Defense official’’ means either of the 

following: 

(A) A former Department of Defense employee. 

(B) A former or retired member of the Armed Forces. 

SEC. 852. REPORT AND REGULATIONS ON EXCESSIVE PASS-THROUGH 

CHARGES. 

(a) COMPTROLLER GENERAL REPORT ON EXCESSIVE PASSTHROUGH CHARGES.—

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Comptroller General shall 

issue a report on pass-through charges on contracts or subcontracts (or task or delivery orders) that are entered into 

for or on behalf of the Department of Defense. 

(2) MATTERS COVERED.—The report issued under this subsection—
H. R. 5122—259

(A) shall assess the extent to which the Department 

of Defense has paid excessive pass-through charges to contractors who provided little or no value to the performance 

of the contract; 

(B) shall assess the extent to which the Department 

has been particularly vulnerable to excessive pass-through 

charges on any specific category of contracts or by any 

specific category of contractors (including any category of 

small business); and 

(C) shall determine the extent to which any prohibition 

on excessive pass-through charges would be inconsistent 

with existing commercial practices for any specific category 

of contracts or have an unjustified adverse effect on any 

specific category of contractors (including any category of 

small business). 

(b) REGULATIONS REQUIRED.—

(1) IN GENERAL.—Not later than May 1, 2007, the Secretary 

of Defense shall prescribe regulations to ensure that passthrough charges on contracts or subcontracts (or task or 

delivery orders) that are entered into for or on behalf of the 

Department of Defense are not excessive in relation to the 

cost of work performed by the relevant contractor or subcontractor. 

(2) SCOPE OF REGULATIONS.—The regulations prescribed 

under this subsection—

(A) shall not apply to any firm, fixed-price contract 

or subcontract (or task or delivery order) that is—

(i) awarded on the basis of adequate price competition; or 

(ii) for the acquisition of a commercial item, as 

defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)); and 

(B) may include such additional exceptions as the Secretary determines to be necessary in the interest of the 

national defense. 

(3) DEFINITION.—In this section, the term ‘‘excessive passthrough charge’’, with respect to a contractor or subcontractor 

that adds no, or negligible, value to a contract or subcontract, 

means a charge to the Government by the contractor or subcontractor that is for overhead or profit on work performed by 

a lower-tier contractor or subcontractor (other than charges 

for the direct costs of managing lower-tier contracts and subcontracts and overhead and profit based on such direct costs). 

(4) REPORT.—Not later than one year after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the steps 

taken to implement the requirements of this subsection, 

including—

(A) any standards for determining when no, or negligible, value has been added to a contract by a contractor 

or subcontractor; 

(B) any procedures established for preventing excessive 

pass-through charges; and 

(C) any exceptions determined by the Secretary to be 

necessary in the interest of the national defense. 
H. R. 5122—260

(5) EFFECTIVE DATE.—The regulations prescribed under this 

subsection shall apply to contracts awarded for or on behalf 

of the Department of Defense on or after May 1, 2007. 

SEC. 853. PROGRAM MANAGER EMPOWERMENT AND ACCOUNTABILITY. 

(a) STRATEGY.—The Secretary of Defense shall develop a comprehensive strategy for enhancing the role of Department of Defense 

program managers in developing and carrying out defense acquisition programs. 

(b) MATTERS TO BE ADDRESSED.—The strategy required by this 

section shall address, at a minimum—

(1) enhanced training and educational opportunities for 

program managers; 

(2) increased emphasis on the mentoring of current and 

future program managers by experienced senior executives and 

program managers within the Department; 

(3) improved career paths and career opportunities for program managers; 

(4) additional incentives for the recruitment and retention 

of highly qualified individuals to serve as program managers; 

(5) improved resources and support (including systems 

engineering expertise, cost estimating expertise, and software 

development expertise) for program managers; 

(6) improved means of collecting and disseminating best 

practices and lessons learned to enhance program management 

throughout the Department; 

(7) common templates and tools to support improved data 

gathering and analysis for program management and oversight 

purposes; 

(8) increased accountability of program managers for the 

results of defense acquisition programs; and 

(9) enhanced monetary and nonmonetary awards for 

successful accomplishment of program objectives by program 

managers. 

(c) GUIDANCE ON TENURE AND ACCOUNTABILITY OF PROGRAM

MANAGERS BEFORE MILESTONE B.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall revise Department of Defense guidance for major defense 

acquisition programs to address the qualifications, resources, 

responsibilities, tenure, and accountability of program managers 

for the program development period (before Milestone B approval 

(or Key Decision Point B approval in the case of a space program)). 

(d) GUIDANCE ON TENURE AND ACCOUNTABILITY OF PROGRAM

MANAGERS AFTER MILESTONE B.—Not later than 180 days after 

the date of enactment of this Act, the Secretary of Defense shall 

revise Department of Defense guidance for major defense acquisition 

programs to address the qualifications, resources, responsibilities, 

tenure and accountability of program managers for the program 

execution period (from Milestone B approval (or Key Decision Point 

B approval in the case of a space program) until the delivery 

of the first production units of a program). The guidance issued 

pursuant to this subsection shall address, at a minimum—

(1) the need for a performance agreement between a program manager and the milestone decision authority for the 

program, setting forth expected parameters for cost, schedule, 

and performance, and appropriate commitments by the program 
H. R. 5122—261

manager and the milestone decision authority to ensure that 

such parameters are met; 

(2) authorities available to the program manager, including, 

to the extent appropriate, the authority to object to the addition 

of new program requirements that would be inconsistent with 

the parameters established at Milestone B (or Key Decision 

Point B in the case of a space program) and reflected in the 

performance agreement; and 

(3) the extent to which a program manager for such period 

should continue in the position without interruption until the 

delivery of the first production units of the program. 

(e) REPORTS.—

(1) REPORT BY SECRETARY OF DEFENSE.—Not later than 

270 days after the date of enactment of this Act, the Secretary 

of Defense shall submit to the congressional defense committees 

a report on the strategy developed pursuant to subsection (a) 

and the guidance issued pursuant to subsections (b) and (c). 

(2) REPORT BY COMPTROLLER GENERAL.—Not later than 

one year after the date of enactment of this Act, the Comptroller 

General shall submit to the congressional defense committees 

a report on the actions taken by the Secretary of Defense 

to implement the requirements of this section. 

SEC. 854. JOINT POLICIES ON REQUIREMENTS DEFINITION, CONTINGENCY PROGRAM MANAGEMENT, AND CONTINGENCY CONTRACTING. 

(a) IN GENERAL.—

(1) JOINT POLICY REQUIREMENT.—Chapter 137 of title 10, 

United States Code, is amended by adding at the end the 

following new section: 

‘‘§ 2333. Joint policies on requirements definition, contingency program management, and contingency 

contracting 

‘‘(a) JOINT POLICY REQUIREMENT.—The Secretary of Defense, 

in consultation with the Chairman of the Joint Chiefs of Staff, 

shall develop joint policies for requirements definition, contingency 

program management, and contingency contracting during combat 

operations and post-conflict operations. 

‘‘(b) REQUIREMENTS DEFINITION MATTERS COVERED.—The joint 

policy for requirements definition required by subsection (a) shall, 

at a minimum, provide for the following: 

‘‘(1) The assignment of a senior commissioned officer or 

civilian member of the senior executive service, with appropriate experience and qualifications related to the definition 

of requirements to be satisfied through acquisition contracts 

(such as for delivery of products or services, performance of 

work, or accomplishment of a project), to act as head of requirements definition and coordination during combat operations, 

post-conflict operations, and contingency operations, if required, 

including leading a requirements review board involving all 

organizations concerned. 

‘‘(2) An organizational approach to requirements definition 

and coordination during combat operations, post-conflict operations, and contingency operations that is designed to ensure 

that requirements are defined in a way that effectively implements United States Government and Department of Defense 
H. R. 5122—262

objectives, policies, and decisions regarding the allocation of 

resources, coordination of interagency efforts in the theater 

of operations, and alignment of requirements with the proper 

use of funds. 

‘‘(c) CONTINGENCY PROGRAM MANAGEMENT MATTERS COVERED.—The joint policy for contingency program management 

required by subsection (a) shall, at a minimum, provide for the 

following: 

‘‘(1) The assignment of a senior commissioned officer or 

civilian member of the senior executive service, with appropriate program management experience and qualifications, to 

act as head of program management during combat operations, 

post-conflict operations, and contingency operations, including 

stabilization and reconstruction operations involving multiple 

United States Government agencies and international organizations, if required. 

‘‘(2) A preplanned organizational approach to program 

management during combat operations, post-conflict operations, 

and contingency operations that is designed to ensure that 

the Department of Defense is prepared to conduct such program 

management. 

‘‘(3) Identification of a deployable cadre of experts, with 

the appropriate tools and authority, and trained in processes 

under paragraph (6). 

‘‘(4) Utilization of the hiring and appointment authorities 

necessary for the rapid deployment of personnel to ensure the 

availability of key personnel for sufficient lengths of time to 

provide for continuing program and project management. 

‘‘(5) A requirement to provide training (including training 

under a program to be created by the Defense Acquisition 

University) to program management personnel in—

‘‘(A) the use of laws, regulations, policies, and directives 

related to program management in combat or contingency 

environments; 

‘‘(B) the integration of cost, schedule, and performance 

objectives into practical acquisition strategies aligned with 

available resources and subject to effective oversight; and 

‘‘(C) procedures of the Department of Defense related 

to funding mechanisms and contingency contract management. 

‘‘(6) Appropriate steps to ensure that training is maintained 

for such personnel even when they are not deployed in a contingency operation. 

‘‘(7) Such steps as may be needed to ensure jointness and 

cross-service coordination in the area of program management 

during contingency operations. 

‘‘(d) CONTINGENCY CONTRACTING MATTERS COVERED.—(1) The 

joint policy for contingency contracting required by subsection (a) 

shall, at a minimum, provide for the following: 

‘‘(A) The designation of a senior commissioned officer or 

civilian member of the senior executive service in each military 

department with the responsibility for administering the policy. 

‘‘(B) The assignment of a senior commissioned officer with 

appropriate acquisition experience and qualifications to act as 

head of contingency contracting during combat operations, postconflict operations, and contingency operations, who shall report 
H. R. 5122—263

directly to the commander of the combatant command in whose 

area of responsibility the operations occur. 

‘‘(C) A sourcing approach to contingency contracting that 

is designed to ensure that each military department is prepared 

to conduct contingency contracting during combat operations, 

post-conflict operations, and contingency operations, including 

stabilization and reconstruction operations involving interagency organizations, if required. 

‘‘(D) A requirement to provide training (including training 

under a program to be created by the Defense Acquisition 

University) to contingency contracting personnel in—

‘‘(i) the use of law, regulations, policies, and directives 

related to contingency contracting operations; 

‘‘(ii) the appropriate use of rapid acquisition methods, 

including the use of exceptions to competition requirements 

under section 2304 of this title, sealed bidding, letter contracts, indefinite delivery indefinite quantity task orders, 

set asides under section 8(a) of the Small Business Act 

(15 U.S.C. 637(a)), undefinitized contract actions, and other 

tools available to expedite the delivery of goods and services 

during combat operations or post-conflict operations; 

‘‘(iii) the appropriate use of rapid acquisition authority, 

commanders’ emergency response program funds, and other 

tools unique to contingency contracting; and 

‘‘(iv) instruction on the necessity for the prompt transition from the use of rapid acquisition authority to the 

use of full and open competition and other methods of 

contracting that maximize transparency in the acquisition 

process. 

‘‘(E) Appropriate steps to ensure that training is maintained 

for such personnel even when they are not deployed in a contingency operation. 

‘‘(F) Such steps as may be needed to ensure jointness 

and cross-service coordination in the area of contingency contracting. 

‘‘(2) To the extent practicable, the joint policy for contingency 

contracting required by subsection (a) should be taken into account 

in the development of interagency plans for stabilization and 

reconstruction operations, consistent with the report submitted by 

the President under section 1035 of this Act on interagency operating procedures for the planning and conduct of stabilization and 

reconstruction operations. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) CONTINGENCY CONTRACTING PERSONNEL.—The term 

‘contingency contracting personnel’ means members of the 

armed forces and civilian employees of the Department of 

Defense who are members of the defense acquisition workforce 

and, as part of their duties, are assigned to provide support 

to contingency operations (whether deployed or not). 

‘‘(2) CONTINGENCY CONTRACTING.—The term ‘contingency 

contracting’ means all stages of the process of acquiring property or services by the Department of Defense during a contingency operation. 

‘‘(3) CONTINGENCY OPERATION.—The term ‘contingency 

operation’ has the meaning provided in section 101(13) of this 

title. 
H. R. 5122—264

‘‘(4) ACQUISITION SUPPORT AGENCIES.—The term ‘acquisition 

support agencies’ means Defense Agencies and Department 

of Defense Field Activities that carry out and provide support 

for acquisition-related activities. 

‘‘(5) CONTINGENCY PROGRAM MANAGEMENT.—The term 

‘contingency program management’ means the process of planning, organizing, staffing, controlling, and leading the combined 

efforts of participating civilian and military personnel and 

organizations for the management of a specific defense acquisition program or programs during combat operations, post-conflict operations, and contingency operations. 

‘‘(6) REQUIREMENTS DEFINITION.—The term ‘requirements 

definition’ means the process of translating policy objectives 

and mission needs into specific requirements, the description 

of which will be the basis for awarding acquisition contracts 

for projects to be accomplished, work to be performed, or products to be delivered.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item:

‘‘2333. Joint policies on requirements definition, contingency contracting, and program management.’’.

(b) DEADLINE FOR DEVELOPMENT OF JOINT POLICIES.—The Secretary of Defense shall develop the joint policies required under 

section 2333 of title 10, United States Code, as added by subsection 

(a), not later than 18 months after the date of enactment of this 

Act. 

(c) REPORTS.—

(1) INTERIM REPORT.—

(A) REQUIREMENT.—Not later than 365 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives an interim report 

on requirements definition, contingency contracting, and 

program management. 

(B) MATTERS COVERED.—The report shall include 

discussions of the following: 

(i) Progress in the development of the joint policies 

under section 2333 of title 10, United States Code. 

(ii) The ability of the Armed Forces to support 

requirements definition, contingency contracting, and 

program management. 

(iii) The ability of commanders of combatant commands to request requirements definition, contingency 

contracting, or program management support, and the 

ability of the military departments and the acquisition 

support agencies to respond to such requests and provide such support, including the availability of rapid 

acquisition personnel for such support. 

(iv) The ability of the current civilian and military 

acquisition workforce to deploy to combat theaters of 

operations and to conduct requirements definition, 

contingency contracting, or program management 

activities during combat and during post-conflict, 

reconstruction, or other contingency operations. 
H. R. 5122—265

(v) The effect of different periods of deployment 

on continuity in the acquisition process. 

(2) FINAL REPORT.—Not later than 18 months after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the committees referred to in paragraph (1)(A) 

a final report on requirements definition, contingency contracting, and program management, containing a discussion 

of the implementation of the joint policies developed under 

section 2333 of title 10, United States Code (as so added), 

including updated discussions of the matters covered in the 

interim report. In addition, the report should include a discussion of the actions taken to ensure that the joint policies will 

be adequately resourced at the time of execution. 

SEC. 855. CLARIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

PROTOTYPE PROJECTS. 

Section 845(a) of the National Defense Authorization Act for 

Fiscal Year 1994 (10 U.S.C. 2371 note) is amended—

(1) in paragraph (2)(A), by inserting ‘‘or, for the Defense 

Advanced Projects Agency or the Missile Defense Agency, the 

director of the agency’’ after ‘‘(41 U.S.C. 414(c))’’; and 

(2) in paragraph (3), by inserting ‘‘or director of the Defense 

Advanced Projects Agency or Missile Defense Agency’’ after 

‘‘executive’’. 

SEC. 856. CONTRACTING WITH EMPLOYERS OF PERSONS WITH 

DISABILITIES. 

(a) INAPPLICABILITY OF CERTAIN LAWS.— (1) INAPPLICABILITY OF THE RANDOLPH-SHEPPARD ACT TO

CONTRACTS AND SUBCONTRACTS FOR MILITARY DINING FACILITY

SUPPORT SERVICES COVERED BY JAVITS-WAGNER-O’DAY ACT.—The 

Randolph-Sheppard Act (20 U.S.C. 107 et seq.) does not apply 

to full food services, mess attendant services, or services supporting the operation of a military dining facility that, as of 

the date of the enactment of this Act, were services on the 

procurement list established under section 2 of the JavitsWagner-O’Day Act (41 U.S.C. 47). 

(2) INAPPLICABILITY OF THE JAVITS-WAGNER-O’DAY ACT TO

CONTRACTS FOR THE OPERATION OF A MILITARY DINING

FACILITY.—(A) The Javits-Wagner-O’Day Act (41 U.S.C. 46 et 

seq.) does not apply at the prime contract level to any contract 

entered into by the Department of Defense as of the date 

of the enactment of this Act with a State licensing agency 

under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) for 

the operation of a military dining facility. 

(B) The Javits-Wagner-O’Day Act shall apply to any subcontract entered into by a Department of Defense contractor 

for full food services, mess attendant services, and other services supporting the operation of a military dining facility. 

(3) REPEAL OF SUPERSEDED LAW.—Subsections (a) and (b) 

of section 853 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 

118 Stat. 2021) are repealed. 

(b) REVIEW AND REPORT BY COMPTROLLER GENERAL OF RAN- DOLPH-SHEPPARD AND JAVITS-WAGNER-O’DAY CONTRACTS.— (1) IN GENERAL.—The Comptroller General shall conduct 

a review of a representative sample of food service contracts 
H. R. 5122—266

described in paragraph (2) and determine in writing the following: 

(A) Differences in operational procedures and administration of contracts awarded by the Department of Defense 

under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) 

and the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.) 

on a State-by-State basis with regard to the relationship 

between State licensing agencies and blind vendors. 

(B) Differences in competition, source selection, and 

management processes and procedures for contracts 

awarded by the Department under the Randolph-Sheppard 

Act and the Javits-Wagner-O’Day Act, including a review 

of the average total cost of contract awards and compensation packages to all beneficiaries. 

(C) Precise methods used to determine whether a price 

is fair and reasonable under contracts awarded by the 

Department under the Randolph-Sheppard Act and the 

Javits-Wagner-O’Day Act, as required under the Federal 

Acquisition Regulation and the Defense Federal Acquisition 

Regulation Supplement. 

(2) CONTRACTS COVERED.—For purposes of the review under 

paragraph (1), a food service contract described in this paragraph is a contract—

(A) for full food services, mess attendant services, or 

services supporting the operation of all or any part of 

a military dining facility; 

(B) that was awarded under either the RandolphSheppard Act or the Javits-Wagner-O’Day Act; and 

(C) that is in effect on the date of the enactment 

of this Act. 

(3) REPORT.—Not later than March 1, 2007, the Comptroller 

General shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report on 

the review conducted under this subsection, with such findings 

and recommendations as the Comptroller General considers 

appropriate. 

(c) REQUIREMENTS FOR INSPECTORS GENERAL OF DEPARTMENT

OF DEFENSE AND DEPARTMENT OF EDUCATION.— (1) REVIEW OF MANAGEMENT PROCEDURES.—Not later than 

March 1, 2007, the Inspector General of the Department of 

Defense and the Inspector General of the Department of Education shall jointly review the management procedures under 

both the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and 

the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.). In carrying 

out this paragraph, the Inspectors General shall each have 

access to the following: 

(A) Memoranda on program management and the basis 

for contract award under the programs. 

(B) Guidance sent to State agencies on administration 

of the programs. 

(C) Names of participating vendors, as well as qualifying experience and educational background of such vendors. 

(2) MEMORANDUM OF UNDERSTANDING BETWEEN INSPECTORS

GENERAL.—Not later than 60 days after the date of the enactment of this Act, the Inspector General of the Department 

of Defense and the Inspector General of the Department of 
H. R. 5122—267

Education shall enter into a memorandum of understanding 

with each other to carry out paragraph (1). 

(3) REPORT.—Not later than one year after the date of 

enactment of this Act, the Inspector General of the Department 

of Defense and the Inspector General of the Department of 

Education shall jointly submit to the Committees on Armed 

Services of the Senate and the House of Representatives a 

report on the review required by paragraph (1). The report 

shall include—

(A) findings of the Inspectors General regarding the 

management procedures reviewed; and 

(B) such other information and recommendations as 

the Inspectors General consider appropriate. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘State licensing agency’’ means any agency 

designated by the Secretary of Education under section 2(a)(5) 

of the Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)). 

(2) The term ‘‘military dining facility’’ means a facility 

owned, operated, leased, or wholly controlled by the Department 

of Defense and used to provide dining services to members 

of the Armed Forces, including a cafeteria, military mess hall, 

military troop dining facility, or any similar dining facility 

operated for the purpose of providing meals to members of 

the Armed Forces. 

SEC. 857. ENHANCED ACCESS FOR SMALL BUSINESS. 

Section 9(a) of the Contract Disputes Act of 1978 (41 U.S.C. 

608) is amended by striking the period at the end of the first 

sentence and inserting the following: ‘‘or, in the case of a small 

business concern (as defined in the Small Business Act and regulations under that Act), $150,000 or less.’’. 

SEC. 858. PROCUREMENT GOAL FOR HISPANIC-SERVING INSTITUTIONS. 

Section 2323 of title 10, United States Code, is amended—

(1) in subsection (a)(1)—

(A) by striking ‘‘and’’ at the end of subparagraph (B); 

(B) by striking the period at the end of subparagraph 

(C) and inserting ‘‘; and’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(D) Hispanic-serving institutions (as defined in section 

502(a) of the Higher Education Act of 1965 (20 U.S.C. 

1101a(a)).’’; 

(2) in subsection (a)(2)—

(A) by inserting after ‘‘historically Black colleges and 

universities’’ the following: ‘‘, Hispanic-serving institutions,’’; and 

(B) by inserting after ‘‘such colleges and universities’’ 

the following: ‘‘and institutions’’; 

(3) in subsection (c)(1), by inserting after ‘‘historically Black 

colleges and universities’’ the following: ‘‘, Hispanic-serving 

institutions,’’; and 

(4) in subsection (c)(3), by inserting after ‘‘historically Black 

colleges and universities’’ the following: ‘‘, to Hispanic-serving 

institutions,’’. 
H. R. 5122—268

TITLE IX—DEPARTMENT OF DEFENSE 

ORGANIZATION AND MANAGEMENT

Subtitle A—Department of Defense Management 

Sec. 901. Increase in authorized number of Assistant Secretaries of Defense. 

Sec. 902. Modifications to the Combatant Commander Initiative Fund. 

Sec. 903. Addition to membership of specified council. 

Sec. 904. Consolidation and standardization of authorities relating to Department 

of Defense Regional Centers for Security Studies. 

Sec. 905. Oversight by Office of Under Secretary of Defense for Acquisition, Technology, and Logistics of exercise of acquisition authority by combatant 

commanders and heads of Defense Agencies. 

Sec. 906. Standardization of statutory references to ‘‘national security system’’ 

within laws applicable to Department of Defense. 

Sec. 907. Correction of reference to predecessor of Defense Information Systems 

Agency. 

Subtitle B—Space Activities 

Sec. 911. Designation of successor organizations for the disestablished Interagency 

Global Positioning Executive Board. 

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

Sec. 913. Operationally responsive space. 

Sec. 914. Independent review and assessment of Department of Defense organization and management for national security in space. 

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Sense of Congress on completion of destruction of United States chemical 

weapons stockpile. 

Sec. 922. Comptroller General review of cost-benefit analysis of off-site versus onsite treatment and disposal of hydrolysate derived from neutralization 

of VX nerve gas at Newport Chemical Depot, Indiana. 

Sec. 923. Incentives clauses in chemical demilitarization contracts. 

Sec. 924. Chemical demilitarization program contracting authority. 

Subtitle D—Intelligence-Related Matters 

Sec. 931. Four-year extension of authority of Secretary of Defense to engage in commercial activities as security for intelligence collection activities. 

Sec. 932. Annual reports on intelligence oversight activities of the Department of 

Defense. 

Sec. 933. Collection by National Security Agency of service charges for certification 

or validation of information assurance products. 

Subtitle E—Other Matters 

Sec. 941. Department of Defense policy on unmanned systems. 

Sec. 942. Executive Schedule level IV for Deputy Under Secretary of Defense for 

Logistics and Materiel Readiness. 

Sec. 943. Study and report on reform of Defense Travel System. 

Sec. 944. Administration of pilot project on Civilian Linguist Reserve Corps. 

Sec. 945. Improvement of authorities on the National Security Education Program. 

Sec. 946. Report on the posture of United States Special Operations Command to 

conduct the global war on terrorism.

Subtitle A—Department of Defense 

Management 

SEC. 901. INCREASE IN AUTHORIZED NUMBER OF ASSISTANT SECRETARIES OF DEFENSE. 

(a) INCREASE.—Section 138(a) of title 10, United States Code, 

is amended by striking ‘‘nine’’ and inserting ‘‘ten’’. 

(b) CONFORMING AMENDMENT.—Section 5315 of title 5, United 

States Code, is amended by striking ‘‘(9)’’ after ‘‘Assistant Secretaries of Defense’’ and inserting ‘‘(10)’’. 
H. R. 5122—269

SEC. 902. MODIFICATIONS TO THE COMBATANT COMMANDER INITIATIVE FUND. 

(a) ADDITION TO AUTHORIZED ACTIVITIES.—Subsection (b)(6) of 

section 166a of title 10, United States Code is amended by striking 

‘‘civil assistance’’ and inserting ‘‘civic assistance, to include urgent 

and unanticipated humanitarian relief and reconstruction assistance’’. 

(b) ADDITIONAL PRIORITY CONSIDERATION.—Subsection (c) of 

such section is amended—

(1) by striking ‘‘and’’ at the end of paragraph (1); 

(2) by striking the period at the end of paragraph (2) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) the provision of funds to be used for urgent and 

unanticipated humanitarian relief and reconstruction assistance, particularly in a foreign country where the armed forces 

are engaged in a contingency operation.’’. 

SEC. 903. ADDITION TO MEMBERSHIP OF SPECIFIED COUNCIL. 

Section 179(a) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(5) The commander of the United States Strategic Command.’’. 

SEC. 904. CONSOLIDATION AND STANDARDIZATION OF AUTHORITIES 

RELATING TO DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES. 

(a) BASIC AUTHORITIES FOR REGIONAL CENTERS.—

(1) IN GENERAL.—Section 184 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 184. Regional Centers for Security Studies 

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

the Department of Defense Regional Centers for Security Studies 

in accordance with this section as international venues for bilateral 

and multilateral research, communication, and exchange of ideas 

involving military and civilian participants. 

‘‘(b) REGIONAL CENTERS SPECIFIED.—(1) A Department of 

Defense Regional Center for Security Studies is a Department of 

Defense institution that—

‘‘(A) is operated, and designated as such, by the Secretary 

of Defense for the study of security issues relating to a specified 

geographic region of the world; and 

‘‘(B) serves as a forum for bilateral and multilateral 

research, communication, and exchange of ideas involving military and civilian participants. 

‘‘(2) The Department of Defense Regional Centers for Security 

Studies are the following: 

‘‘(A) The George C. Marshall European Center for Security 

Studies, established in 1993 and located in GarmischPartenkirchen, Germany. 

‘‘(B) The Asia-Pacific Center for Security Studies, established in 1995 and located in Honolulu, Hawaii. 

‘‘(C) The Center for Hemispheric Defense Studies, established in 1997 and located in Washington, D.C. 

‘‘(D) The Africa Center for Strategic Studies, established 

in 1999 and located in Washington, D.C. 
H. R. 5122—270

‘‘(E) The Near East South Asia Center for Strategic Studies, 

established in 2000 and located in Washington, D.C. 

‘‘(3) No institution or element of the Department of Defense 

may be designated as a Department of Defense Regional Center 

for Security Studies for purposes of this section, other than the 

institutions specified in paragraph (2), except as specifically provided by law after the date of the enactment of this section. 

‘‘(c) REGULATIONS.—The administration of the Regional Centers 

under this section shall be carried out under regulations prescribed 

by the Secretary. 

‘‘(d) PARTICIPATION.—Participants in activities of the Regional 

Centers may include United States and foreign military, civilian, 

and nongovernmental personnel. 

‘‘(e) EMPLOYMENT AND COMPENSATION OF FACULTY.—At each 

Regional Center, the Secretary may, subject to the availability 

of appropriations—

‘‘(1) employ a Director, a Deputy Director, and as many 

civilians as professors, instructors, and lecturers as the Secretary considers necessary; and 

‘‘(2) prescribe the compensation of such persons, in accordance with Federal guidelines. 

‘‘(f) PAYMENT OF COSTS.—(1) Participation in activities of a 

Regional Center shall be on a reimbursable basis (or by payment 

in advance), except in a case in which reimbursement is waived 

in accordance with paragraph (3). 

‘‘(2) For a foreign national participant, payment of costs may 

be made by the participant, the participant’s own government, 

by a Department or agency of the United States other than the 

Department of Defense, or by a gift or donation on behalf of one 

or more Regional Centers accepted under section 2611 of this title 

on behalf of the participant’s government. 

‘‘(3) The Secretary of Defense may waive reimbursement of 

the costs of activities of the Regional Centers for foreign military 

officers and foreign defense and security civilian government officials from a developing country if the Secretary determines that 

attendance of such personnel without reimbursement is in the 

national security interest of the United States. Costs for which 

reimbursement is waived pursuant to this paragraph shall be paid 

from appropriations available to the Regional Centers. 

‘‘(4) Funds accepted for the payment of costs shall be credited 

to the appropriation then currently available to the Department 

of Defense for the Regional Center that incurred the costs. Funds 

so credited shall be merged with the appropriation to which credited 

and shall be available to that Regional Center for the same purposes 

and same period as the appropriation with which merged. 

‘‘(5) Funds available for the payment of personnel expenses 

under the Latin American cooperation authority set forth in section 

1050 of this title are also available for the costs of the operation 

of the Center for Hemispheric Defense Studies. 

‘‘(g) SUPPORT TO OTHER AGENCIES.—The Director of a Regional 

Center may enter into agreements with the Secretaries of the 

military departments, the heads of the Defense Agencies, and, 

with the concurrence of the Secretary of Defense, the heads of 

other Federal departments and agencies for the provision of services 

by that Regional Center under this section. Any such participating 

department and agency shall transfer to the Regional Center funds 

to pay the full costs of the services received. 
H. R. 5122—271

‘‘(h) ANNUAL REPORT.—Not later than February 1 of each year, 

the Secretary of Defense shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of 

the House of Representatives a report on the operation of the 

Regional Centers for security studies during the preceding fiscal 

year. The annual report shall include, for each Regional Center, 

the following information: 

‘‘(1) The status and objectives of the center. 

‘‘(2) The budget of the center, including the costs of operating the center. 

‘‘(3) A description of the extent of the international participation in the programs of the center, including the costs 

incurred by the United States for the participation of each 

foreign nation. 

‘‘(4) A description of the foreign gifts and donations, if 

any, accepted under section 2611 of this title.’’. 

(2) CLERICAL AMENDMENT.—The item relating to such section in the table of sections at the beginning of chapter 7 

of such title is amended to read as follows:

‘‘184. Regional Centers for Security Studies.’’.

(b) CONFORMING AMENDMENTS.—

(1) EMPLOYMENT AND COMPENSATION AUTHORITY FOR

CIVILIAN FACULTY.—Section 1595 of title 10, United States Code, 

is amended—

(A) in subsection (c)—

(i) by striking paragraphs (3) and (5); and 

(ii) by redesignating paragraphs (4) and (6) as 

paragraphs (3) and (4), respectively; and 

(B) by striking subsection (e). 

(2) STATUS OF CENTER FOR HEMISPHERIC DEFENSE

STUDIES.—Section 2165 of title 10, United States Code, is 

amended—

(A) in subsection (b)—

(i) by striking paragraph (6); and 

(ii) by redesignating paragraph (7) as paragraph 

(6); and 

(B) by striking subsection (c). 

SEC. 905. OVERSIGHT BY OFFICE OF UNDER SECRETARY OF DEFENSE 

FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS OF 

EXERCISE OF ACQUISITION AUTHORITY BY COMBATANT 

COMMANDERS AND HEADS OF DEFENSE AGENCIES. 

(a) DESIGNATION OF OFFICIAL FOR OVERSIGHT.—The Secretary 

of Defense shall designate a senior acquisition official within the 

Office of the Under Secretary of Defense for Acquisition, Technology, 

and Logistics to oversee the exercise of acquisition authority by—

(1) any commander of a combatant command who is authorized by section 166b, 167, or 167a of title 10, United States 

Code, to exercise acquisition authority; and 

(2) any head of a Defense Agency who is designated by 

the Secretary of Defense to exercise acquisition authority. 

(b) GUIDANCE.—

(1) IN GENERAL.—The senior acquisition official designated 

under subsection (a) shall develop guidance to ensure that 

the use of acquisition authority by commanders of combatant 

commands and the heads of Defense Agencies—
H. R. 5122—272

(A) is in compliance with department-wide acquisition 

policy; and 

(B) is coordinated with and mutually supportive of 

acquisition programs of the military departments. 

(2) URGENT REQUIREMENTS.—Guidance developed under 

paragraph (1) shall take into account the need to fulfill the 

urgent requirements of the commanders of combatant commands and the heads of Defense Agencies and to ensure that 

those requirements are addressed expeditiously. 

(c) CONSULTATION.—The senior acquisition official designated 

under subsection (a) shall on a regular basis consult on matters 

related to requirements and acquisition with the commanders of 

combatant commands and the heads of Defense Agencies referred 

to in that subsection. 

(d) DEADLINE FOR DESIGNATION.—The Secretary of Defense 

shall make the designation required by subsection (a) not later 

than 180 days after the date of the enactment of this Act. 

SEC. 906. STANDARDIZATION OF STATUTORY REFERENCES TO 

‘‘NATIONAL SECURITY SYSTEM’’ WITHIN LAWS APPLICABLE 

TO DEPARTMENT OF DEFENSE. 

(a) DEFENSE BUSINESS SYSTEMS.—Section 2222(j)(6) of title 10, 

United States Code, is amended by striking ‘‘in section 2315 of 

this title’’ and inserting ‘‘in section 3542(b)(2) of title 44’’. 

(b) CHIEF INFORMATION OFFICER RESPONSIBILITIES.—Section 

2223(c)(3) of such title is amended by striking ‘‘section 11103 of 

title 40’’ and inserting ‘‘section 3542(b)(2) of title 44’’. 

(c) PROCUREMENT OF AUTOMATIC DATA PROCESSING EQUIPMENT

AND SERVICES.—The text of section 2315 of such title is amended 

to read as follows: 

‘‘For purposes of subtitle III of title 40, the term ‘national 

security system’, with respect to a telecommunications and information system operated by the Department of Defense, has the 

meaning given that term by section 3542(b)(2) of title 44.’’. 

SEC. 907. CORRECTION OF REFERENCE TO PREDECESSOR OF DEFENSE 

INFORMATION SYSTEMS AGENCY. 

Paragraph (1) of section 193(f) of title 10, United States Code, 

is amended to read as follows: 

‘‘(1) The Defense Information Systems Agency.’’. 

Subtitle B—Space Activities 

SEC. 911. DESIGNATION OF SUCCESSOR ORGANIZATIONS FOR THE DISESTABLISHED INTERAGENCY GLOBAL POSITIONING 

EXECUTIVE BOARD. 

(a) SUCCESSOR ORGANIZATIONS.—Section 8 of the Commercial 

Space Transportation Competitiveness Act of 2000 (10 U.S.C. 2281 

note) is amended by striking ‘‘by Congress’’ and all that follows 

and inserting ‘‘for the functions and activities of the following 

organizations established pursuant to the United States SpaceBased Position, Navigation, and Timing Policy issued December 

8, 2004 (and any successor organization, to the extent the successor 

organization performs the functions of the specified organization): 

‘‘(1) The interagency committee known as the National 

Space-Based Positioning, Navigation, and Timing Executive 

Committee. 
H. R. 5122—273

‘‘(2) The support office for the committee specified in paragraph (1) known as the National Space-Based Positioning, 

Navigation, and Timing Coordination Office. 

‘‘(3) The Federal advisory committee known as the National 

Space-Based Positioning, Navigation, and Timing Advisory 

Board.’’. 

(b) CLARIFICATION.—Such section is further amended by 

striking ‘‘interagency funding’’ and inserting ‘‘multi-agency 

funding’’. 

SEC. 912. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR 

PROVISION OF SPACE SURVEILLANCE NETWORK SERVICES TO NON-UNITED STATES GOVERNMENT ENTITIES. 

Section 2274(i) of title 10, United States Code, is amended 

by striking ‘‘shall be conducted’’ and all that follows and inserting 

‘‘may be conducted through September 30, 2009.’’. 

SEC. 913. OPERATIONALLY RESPONSIVE SPACE. 

(a) UNITED STATES POLICY ON OPERATIONALLY RESPONSIVE

SPACE.—It is the policy of the United States to demonstrate, 

acquire, and deploy an effective capability for operationally responsive space to support military users and operations from space, 

which shall consist of—

(1) responsive satellite payloads and busses built to 

common technical standards; 

(2) low-cost space launch vehicles and supporting range 

operations that facilitate the timely launch and on-orbit operations of satellites; 

(3) responsive command and control capabilities; and 

(4) concepts of operations, tactics, techniques, and procedures that permit the use of responsive space assets for combat 

and military operations other than war. 

(b) OPERATIONALLY RESPONSIVE SPACE PROGRAM OFFICE.— (1) ESTABLISHMENT OF OFFICE.—Section 2273a of title 10, 

United States Code, is amended to read as follows: 

‘‘§ 2273a. Operationally Responsive Space Program Office 

‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish 

within the Department of Defense an office to be known as the 

Operationally Responsive Space Program Office (in this section 

referred to as the ‘Office’). 

‘‘(b) HEAD OF OFFICE.—The head of the Office shall be—

‘‘(1) the Department of Defense Executive Agent for Space; 

or 

‘‘(2) the designee of the Secretary of Defense, who shall 

report to the Department of Defense Executive Agent for Space. 

‘‘(c) MISSION.—The mission of the Office shall be—

‘‘(1) to contribute to the development of low-cost, rapid 

reaction payloads, busses, spacelift, and launch control capabilities in order to fulfill joint military operational requirements 

for on-demand space support and reconstitution; and 

‘‘(2) to coordinate and execute operationally responsive 

space efforts across the Department of Defense with respect 

to planning, acquisition, and operations. 

‘‘(d) ELEMENTS.—The Secretary of Defense shall select the elements of the Department of Defense to be included in the Office 

so as to contribute to the development of capabilities for operationally responsive space and to achieve a balanced representation 
H. R. 5122—274

of the military departments in the Office to ensure proper acknowledgment of joint considerations in the activities of the Office, except 

that the Office shall include the following: 

‘‘(1) A science and technology element that shall pursue 

innovative approaches to the development of capabilities for 

operationally responsive space through basic and applied 

research focused on (but not limited to) payloads, bus, and 

launch equipment. 

‘‘(2) An acquisition element that shall undertake the 

acquisition of systems necessary to integrate, sustain, and 

launch assets for operationally responsive space. 

‘‘(3) An operations element that shall—

‘‘(A) sustain and maintain assets for operationally 

responsive space prior to launch; 

‘‘(B) integrate and launch such assets; and 

‘‘(C) operate such assets in orbit. 

‘‘(4) A combatant command support element that shall 

serve as the primary intermediary between the military departments and the combatant commands in order to—

‘‘(A) ascertain the needs of the commanders of the 

combatant commands; and 

‘‘(B) integrate operationally responsive space capabilities into—

‘‘(i) operations plans of the combatant commands; 

‘‘(ii) techniques, tactics, and procedures of the military departments; and 

‘‘(iii) military exercises, demonstrations, and war 

games. 

‘‘(5) Such other elements as the Secretary of Defense may 

consider necessary. 

‘‘(e) ACQUISITION AUTHORITY.—The acquisition activities of the 

Office shall be subject to the following: 

‘‘(1) The Department of Defense Executive Agent for Space 

shall be the senior acquisition executive of the Office. 

‘‘(2) The Joint Capabilities Integration and Development 

System process shall not apply to acquisitions by the Office 

for operational experimentation. 

‘‘(3) The commander of the United States Strategic Command, or the designee of the commander, shall—

‘‘(A) validate all system requirements for systems to 

be acquired by the Office; and 

‘‘(B) participate in the approval of any acquisition program initiated by the Office. 

‘‘(4) To the maximum extent practicable, the procurement 

unit cost of a launch vehicle procured by the Office for launch 

to low earth orbit should not exceed $20,000,000 (in constant 

dollars). 

‘‘(5) To the maximum extent practicable, the procurement 

unit cost of an integrated satellite procured by the Office should 

not exceed $40,000,000 (in constant dollars). 

‘‘(f) REQUIRED PROGRAM ELEMENT.—(1) The Secretary of 

Defense shall ensure that, within budget program elements for 

space programs of the Department of Defense, that—

‘‘(A) there is a separate, dedicated program element for 

operationally responsive space; 
H. R. 5122—275

‘‘(B) to the extent applicable, relevant program elements 

should be consolidated into the program element required by 

subparagraph (A); and 

‘‘(C) the Office executes its responsibilities through this 

program element. 

‘‘(2) The Office shall manage the program element required 

by paragraph (1)(A).’’. 

(2) CLERICAL AMENDMENT.—The item relating to that section in the table of sections at the beginning of chapter 135 

of such title is amended to read as follows:

‘‘2273a. Operationally Responsive Space Program Office.’’.

(c) PLAN FOR OPERATIONALLY RESPONSIVE SPACE.—

(1) PLAN REQUIRED.—Not later than 120 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report 

setting forth a plan for the acquisition by the Department 

of Defense of capabilities for operationally responsive space 

to support military users and military operations. 

(2) ELEMENTS.—The plan required by paragraph (1) shall 

include the following: 

(A) An identification of the roles and missions of each 

military department, Defense Agency, and other component 

or element of the Department of Defense for the fulfillment 

of the mission of the Department with respect to operationally responsive space. 

(B) An identification of the capabilities required by 

the Department to fulfill such mission during the period 

covered by the current future-years defense program submitted to Congress pursuant to section 221 of title 10, 

United States Code, and an additional 10-year period. 

(C) A description of the chain of command and 

reporting structure of the Operationally Responsive Space 

Program Office established under section 2273a of title 

10, United States Code, as amended by subsection (b). 

(D) A description of the classification of information 

required for the Operationally Responsive Space Program 

Office in order to ensure that the Office carries out its 

responsibilities under such section 2273a in a proper and 

efficient manner. 

(E) A description of the acquisition policies and procedures applicable to the Operationally Responsive Space 

Program Office, including a description of any legislative 

or administrative action necessary to provide the Office 

additional acquisition authority to carry out its responsibilities. 

(F) A schedule for the implementation of the plan 

and the establishment of the Operationally Responsive 

Space Program Office. 

(G) The funding and personnel required to implement 

the plan over the course of the current future-years defense 

program. 

(H) A description of any additional authorities and 

programmatic, organizational, or other changes necessary 

to ensure that the Operationally Responsive Space Program 

Office can successfully carry out its responsibilities. 
H. R. 5122—276

(d) REPEAL OF SUPERSEDED LAW.—Section 913 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109–

163; 119 Stat. 3408; 10 U.S.C. 2273a note) is repealed. 

SEC. 914. INDEPENDENT REVIEW AND ASSESSMENT OF DEPARTMENT 

OF DEFENSE ORGANIZATION AND MANAGEMENT FOR 

NATIONAL SECURITY IN SPACE. 

(a) INDEPENDENT REVIEW AND ASSESSMENT REQUIRED.—The 

Secretary of Defense shall select an appropriate entity outside the 

Department of Defense to conduct an independent review and 

assessment of the organization and management of the Department 

of Defense for national security in space. In selecting the entity 

to conduct the review and assessment, the Secretary shall consult 

with the chairman and ranking minority member of the Committee 

on Armed Services of the Senate and the chairman and ranking 

minority member of the Committee on Armed Services of the House 

of Representatives. 

(b) ELEMENTS.—The review and assessment required by this 

section shall address the following: 

(1) The requirements of the Department of Defense for 

national security space capabilities, as identified by the Department, and the efforts of the Department to fulfill such requirements. 

(2) The actions that could be taken by the Department 

to modify the organization and management of the Department 

over the near-term, medium-term, and long-term in order to 

strengthen United States national security in space, and the 

ability of the Department to implement its requirements and 

carry out the future space missions, including the following: 

(A) Actions to improve or enhance current interagency 

coordination processes regarding the operation of national 

security space assets, including improvements or enhancements in interoperability and communications. 

(B) Actions to improve or enhance the relationship 

between the intelligence aspects of national security space 

(so-called ‘‘black space’’) and the non-intelligence aspects 

of national security space (so-called ‘‘white space’’). 

(C) Actions to improve or enhance the manner in which 

military space issues are addressed by professional military 

education institutions. 

(D) Actions to create a specialized career field for military space acquisition personnel, to include an emphasis 

on long-term assignments, that could help develop and 

maintain a professional space acquisition cadre with technical expertise and institutional knowledge. 

(c) LIAISON.—The Secretary of Defense shall designate at least 

one senior civilian employee of the Department of Defense, and 

at least one general or flag officer, to serve as liaison between 

the Department, the Armed Forces, and the entity conducting the 

review and assessment under this section. 

(d) REPORT.—Not later than one year after the date of the 

enactment of this Act, the entity conducting the review and assessment under this section shall submit to the Secretary of Defense 

and the congressional defense committees a report containing—

(1) the results of the review and assessment; and 
H. R. 5122—277

(2) recommendations on the best means by which the 

Department may improve its organization and management 

for national security in space. 

Subtitle C—Chemical Demilitarization 

Program 

SEC. 921. SENSE OF CONGRESS ON COMPLETION OF DESTRUCTION 

OF UNITED STATES CHEMICAL WEAPONS STOCKPILE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Convention on the Prohibition of the Development, 

Production, Stockpiling and Use of Chemical Weapons and 

on Their Destruction, done at Paris on January 13, 1993 (commonly referred to as the ‘‘Chemical Weapons Convention’’), 

requires that destruction of the entire United States chemical 

weapons stockpile be completed by no later than the extended 

deadline of April 29, 2012. 

(2) On April 10, 2006, the Department of Defense notified 

Congress that the United States would not meet even the 

extended deadline under the Chemical Weapons Convention 

for destruction of the United States chemical weapons stockpile. 

(3) Destroying existing chemical weapons is a homeland 

security imperative and an arms control priority and is required 

by United States law. 

(4) The elimination and nonproliferation of chemical 

weapons of mass destruction is of utmost importance to the 

national security of the United States. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the United States is committed to making every effort 

to safely dispose of its entire chemical weapons stockpile by 

the Chemical Weapons Convention extended deadline of April 

29, 2012, or as soon thereafter as possible, and will carry 

out all of its other obligations under that Convention; 

(2) to prevent further delays in completing the destruction 

of the United States chemical weapons stockpile, the Secretary 

of Defense should prepare a comprehensive schedule for the 

safe destruction of such stockpile and should annually submit 

that schedule (as currently in effect) to the congressional 

defense committees, either separately or as part of another 

required report, until such destruction is completed; 

(3) the Secretary of Defense should make every effort to 

ensure adequate funding to complete the elimination of the 

United States chemical weapons stockpile in the shortest time 

possible, consistent with the requirement to protect public 

health, safety, and the environment; and 

(4) when selecting a site for the treatment or disposal 

of neutralized chemical agent at a location remote from the 

location where the agent is stored, the Secretary of Defense 

should propose a credible process that seeks to gain the support 

of affected communities. 
H. R. 5122—278

SEC. 922. COMPTROLLER GENERAL REVIEW OF COST-BENEFIT ANALYSIS OF OFF-SITE VERSUS ON-SITE TREATMENT AND DISPOSAL OF HYDROLYSATE DERIVED FROM NEUTRALIZATION OF VX NERVE GAS AT NEWPORT CHEMICAL DEPOT, 

INDIANA. 

(a) REVIEW REQUIRED.—Not later than December 1, 2006, the 

Comptroller General shall submit to Congress a report containing 

a review of the cost-benefit analysis prepared by the Secretary 

of the Army entitled ‘‘Cost-Benefit Analysis of Off-Site Versus OnSite Treatment and Disposal of Newport Caustic Hydrolysate’’ and 

dated April 24, 2006. 

(b) CONTENT OF REVIEW.—In conducting the review under subsection (a), the Comptroller General shall consider and assess at 

a minimum the following matters: 

(1) The adequacy of the rationale contained in the costbenefit analysis referred to in subsection (a) in dismissing five 

of the eight technologies for hydrolysate treatment directed 

for consideration on page 116 of the Report of the Committee 

on Armed Services of the House of Representatives on H.R. 

1815 (House Report 109–89). 

(2) The rationale for the failure of the Secretary of the 

Army to consider other technical solutions, such as constructing 

a wastewater disposal system at the Newport Chemical Depot. 

(3) The adequacy of the cost-benefit analysis presented 

for the three technologies considered. 

(c) LIMITATION ON TRANSPORT PENDING REPORT.—The Secretary 

of the Army may not transport neutralized bulk nerve agent (other 

than those small quantities necessary for laboratory evaluation 

of the disposal process) from the Newport Chemical Depot to the 

State of New Jersey until the earlier of—

(1) the end of the 60-day period beginning on the date 

on which the report required by subsection (a) is submitted; 

or 

(2) February 1, 2007. 

SEC. 923. INCENTIVES CLAUSES IN CHEMICAL DEMILITARIZATION 

CONTRACTS. 

(a) IN GENERAL.— (1) AUTHORITY TO INCLUDE CLAUSES IN CONTRACTS.—The 

Secretary of Defense may, for the purpose specified in paragraph (2), authorize the inclusion of an incentives clause in 

any contract for the destruction of the United States stockpile 

of lethal chemical agents and munitions carried out pursuant 

to section 1412 of the Department of Defense Authorization 

Act, 1986 (50 U.S.C. 1521). 

(2) PURPOSE.—The purpose of a clause referred to in paragraph (1) is to provide the contractor for a chemical demilitarization facility an incentive to accelerate the safe elimination 

of the United States chemical weapons stockpile and to reduce 

the total cost of the Chemical Demilitarization Program by 

providing incentive payments for the early completion of 

destruction operations and the closure of such facility. 

(b) INCENTIVES CLAUSES.—

(1) IN GENERAL.—An incentives clause under this section 

shall permit the contractor for the chemical demilitarization 

facility concerned the opportunity to earn incentive payments 

for the completion of destruction operations and facility closure 
H. R. 5122—279

activities within target incentive ranges specified in such 

clause. 

(2) LIMITATION ON INCENTIVE PAYMENTS.—The maximum 

incentive payment under an incentives clause with respect to 

a chemical demilitarization facility may not exceed amounts 

as follows: 

(A) In the case of an incentive payment for the completion of destruction operations within the target incentive 

range specified in such clause, $110,000,000. 

(B) In the case of an incentive payment for the completion of facility closure activities within the target incentive 

range specified in such clause, $55,000,000. 

(3) TARGET RANGES.—An incentives clause in a contract 

under this section shall specify the target incentive ranges 

of costs for completion of destruction operations and facility 

closure activities, respectively, as jointly agreed upon by the 

contracting officer and the contractor concerned. An incentives 

clause shall require a proportionate reduction in the maximum 

incentive payment amounts in the event that the contractor 

exceeds an agreed-upon target cost if such excess costs are 

the responsibility of the contractor. 

(4) CALCULATION OF INCENTIVE PAYMENTS.—The amount 

of the incentive payment earned by a contractor for a chemical 

demilitarization facility under an incentives clause under this 

section shall be based upon a determination by the Secretary 

on how early in the target incentive range specified in such 

clause destruction operations or facility closure activities, as 

the case may be, are completed. 

(5) CONSISTENCY WITH EXISTING OBLIGATIONS.—The provisions of any incentives clause under this section shall be consistent with the obligation of the Secretary of Defense under 

section 1412(c)(1)(A) of the Department of Defense Authorization Act, 1986, to provide for maximum protection for the 

environment, the general public, and the personnel who are 

involved in the destruction of the lethal chemical agents and 

munitions. 

(6) ADDITIONAL TERMS AND CONDITIONS.—In negotiating 

the inclusion of an incentives clause in a contract under this 

section, the Secretary may include in such clause such additional terms and conditions as the Secretary considers appropriate. 

(c) ADDITIONAL LIMITATION ON PAYMENTS.—

(1) PAYMENT CONDITIONAL ON PERFORMANCE.—No payment 

may be made under an incentives clause under this section 

unless the Secretary determines that the contractor concerned 

has satisfactorily performed its duties under such incentives 

clause. 

(2) PAYMENT CONTINGENT ON APPROPRIATIONS.—An incentives clause under this section shall specify that the obligation 

of the Government to make payment under such incentives 

clause is subject to the availability of appropriations for that 

purpose. Amounts appropriated for Chemical Agents and Munitions Destruction, Defense, shall be available for payments 

under incentives clauses under this section. 
H. R. 5122—280

SEC. 924. CHEMICAL DEMILITARIZATION PROGRAM CONTRACTING 

AUTHORITY. 

(a) MULTIYEAR CONTRACTING AUTHORITY.—The Secretary of 

Defense may carry out responsibilities under section 1412(a) of 

the Department of Defense Authorization Act, 1986 (50 U.S.C. 

1521(a)) through multiyear contracts entered into before the date 

of the enactment of this Act. 

(b) AVAILABILITY OF FUNDS.—Contracts entered into under subsection (a) shall be funded through annual appropriations for the 

destruction of chemical agents and munitions. 

Subtitle D—Intelligence-Related Matters 

SEC. 931. FOUR-YEAR EXTENSION OF AUTHORITY OF SECRETARY OF 

DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS 

SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES. 

Section 431(a) of title 10, United States Code, is amended 

by striking ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2010’’. 

SEC. 932. ANNUAL REPORTS ON INTELLIGENCE OVERSIGHT ACTIVITIES OF THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—Subchapter I of chapter 21 of title 10, United 

States Code, is amended by adding at the end the following new 

section: 

‘‘§ 427. Intelligence oversight activities of Department of 

Defense: annual reports 

‘‘(a) ANNUAL REPORTS REQUIRED.—(1) Not later than March 

1 of each year, the Secretary of Defense shall submit—

‘‘(A) to the congressional committees specified in subparagraph (A) of paragraph (2) a report on the intelligence oversight 

activities of the Department of Defense during the previous 

calendar year insofar as such oversight activities relate to tactical intelligence and intelligence-related activities of the 

Department; and 

‘‘(B) to the congressional committees specified in subparagraph (B) of paragraph (2) a report on the intelligence oversight 

activities of the Department of Defense during the previous 

calendar year insofar as such oversight activities relate to intelligence and intelligence-related activities of the Department 

other than those specified in subparagraph (A). 

‘‘(2)(A) The committees specified in this subparagraph are the 

following: 

‘‘(i) The Committee on Armed Services and the Committee 

on Appropriations of the Senate. 

‘‘(ii) The Permanent Select Committee on Intelligence, the 

Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. 

‘‘(B) The committees specified in this subparagraph are the 

following: 

‘‘(i) The Select Committee on Intelligence, the Committee 

on Armed Services, and the Committee on Appropriations of 

the Senate. 

‘‘(ii) The Permanent Select Committee on Intelligence and 

the Committee on Appropriations of the House of Representatives. 
H. R. 5122—281

‘‘(b) ELEMENTS.—Each report under subsection (a) shall include, 

for the calendar year covered by such report and with respect 

to oversight activities subject to coverage in that report, the following: 

‘‘(1) A description of any violation of law or of any Executive 

order or Presidential directive (including Executive Order No. 

12333) that comes to the attention of any General Counsel 

or Inspector General within the Department of Defense, or 

the Under Secretary of Defense for Intelligence, and a description of the actions taken by such official with respect to such 

activity. 

‘‘(2) A description of the results of intelligence oversight 

inspections undertaken by each of the following: 

‘‘(A) The Office of the Secretary of Defense. 

‘‘(B) Each military department. 

‘‘(C) Each combat support agency. 

‘‘(D) Each field operating agency. 

‘‘(3) A description of any changes made in any program 

for the intelligence oversight activities of the Department of 

Defense, including any training program. 

‘‘(4) A description of any changes made in any published 

directive or policy memoranda on the intelligence or intelligence-related activities of—

‘‘(A) any military department; 

‘‘(B) any combat support agency; or 

‘‘(C) any field operating agency. 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘intelligence oversight activities of the 

Department of Defense’ refers to any activity undertaken by 

an agency, element, or component of the Department of Defense 

to ensure compliance with regard to requirements or instructions on the intelligence and intelligence-related activities of 

the Department under law or any Executive order or Presidential directive (including Executive Order No. 12333). 

‘‘(2) The term ‘combat support agency’ has the meaning 

given that term in section 193(f) of this title. 

‘‘(3) The term ‘field operating agency’ means a specialized 

subdivision of the Department of Defense that carries out activities under the operational control of the Department.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the 

following new item:

‘‘427. Intelligence oversight activities of Department of Defense: annual reports.’’.

SEC. 933. COLLECTION BY NATIONAL SECURITY AGENCY OF SERVICE 

CHARGES FOR CERTIFICATION OR VALIDATION OF 

INFORMATION ASSURANCE PRODUCTS. 

The National Security Agency Act of 1959 (50 U.S.C. 402 note) 

is amended by adding at the end the following new section: 

‘‘SEC. 20. (a) The Director may collect charges for evaluating, 

certifying, or validating information assurance products under the 

National Information Assurance Program or successor program. 

‘‘(b) The charges collected under subsection (a) shall be established through a public rulemaking process in accordance with 

Office of Management and Budget Circular No. A–25. 

‘‘(c) Charges collected under subsection (a) shall not exceed 

the direct costs of the program referred to in that subsection. 
H. R. 5122—282

‘‘(d) The appropriation or fund bearing the cost of the service 

for which charges are collected under the program referred to 

in subsection (a) may be reimbursed, or the Director may require 

advance payment subject to such adjustment on completion of the 

work as may be agreed upon. 

‘‘(e) Amounts collected under this section shall be credited 

to the account or accounts from which costs associated with such 

amounts have been or will be incurred, to reimburse or offset 

the direct costs of the program referred to in subsection (a).’’. 

Subtitle E—Other Matters 

SEC. 941. DEPARTMENT OF DEFENSE POLICY ON UNMANNED SYSTEMS. 

(a) POLICY REQUIRED.—The Secretary of Defense shall develop 

a policy, to be applicable throughout the Department of Defense, 

on research, development, test and evaluation, procurement, and 

operation of unmanned systems. 

(b) ELEMENTS.—The policy required by subsection (a) shall 

include or address the following: 

(1) An identification of missions and mission requirements, 

including mission requirements for the military departments 

and joint mission requirements, for which unmanned systems 

may replace manned systems. 

(2) A preference for unmanned systems in acquisition programs for new systems, including a requirement under any 

such program for the development of a manned system for 

a certification that an unmanned system is incapable of meeting 

program requirements. 

(3) An assessment of the circumstances under which it 

would be appropriate to pursue joint development and procurement of unmanned systems and components of unmanned systems. 

(4) The transition of unmanned systems unique to one 

military department to joint systems, when appropriate. 

(5) An organizational structure for effective management, 

coordination, and budgeting for the development and procurement of unmanned systems, including an assessment of the 

feasibility and advisability of designating a single department 

or other element of the Department of Defense to act as executive agent for the Department on unmanned systems. 

(6) The integration of unmanned and manned systems to 

enhance support of the missions identified in paragraph (1). 

(7) Such other matters that the Secretary of Defense considers to be appropriate. 

(c) CONSULTATION.—The Secretary of Defense shall develop the 

policy required by subsection (a) in consultation with the Chairman 

of the Joint Chiefs of Staff. 

(d) REPORT.—Not later than 120 days after the date of the 

enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing—

(1) the policy required by subsection (a); and 

(2) an implementation plan for the policy that includes—

(A) a strategy and schedules for the replacement of 

manned systems with unmanned systems in the performance of the missions identified in the policy pursuant to 

subsection (b)(1); 
H. R. 5122—283

(B) establishment of programs to address technical, 

operational, and production challenges, and gaps in 

capabilities, with respect to unmanned systems; and 

(C) an assessment of progress towards meeting the 

goals identified for the subset of unmanned air and ground 

systems established in section 220 of the Floyd D. Spence 

National Defense Authorization Act for Fiscal Year 2001 

(as enacted into law by Public Law 106–398; 114 Stat. 

1654A–38). 

(e) UNMANNED SYSTEMS DEFINED.—In this section, the term 

‘‘unmanned systems’’ consists of unmanned aerial systems, 

unmanned ground systems, and unmanned maritime systems. 

SEC. 942. EXECUTIVE SCHEDULE LEVEL IV FOR DEPUTY UNDER SECRETARY OF DEFENSE FOR LOGISTICS AND MATERIEL 

READINESS. 

(a) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5, 

United States Code, is amended by inserting after the item relating 

to the Deputy Under Secretary of Defense for Personnel and Readiness the following new item:

‘‘Deputy Under Secretary of Defense for Logistics and Materiel Readiness.’’. 

(b) CONFORMING AMENDMENT.—Section 5314 of title 5, United 

States Code, is amended by striking the item relating to the Deputy 

Under Secretary of Defense for Logistics and Materiel Readiness. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act, and 

shall apply with respect to individuals appointed as Deputy Under 

Secretary of Defense for Logistics and Materiel Readiness on or 

after that date. 

SEC. 943. STUDY AND REPORT ON REFORM OF DEFENSE TRAVEL 

SYSTEM. 

(a) INDEPENDENT STUDY OF SYSTEM.—

(1) STUDY REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees the results 

and recommendations of an independent study of the Defense 

Travel System conducted to determine the most cost-effect 

method of meeting Department of Defense travel requirements. 

The study shall be conducted by an entity outside the Department of Defense. 

(2) ELEMENTS OF STUDY.—At a minimum, the study 

required by this subsection shall address the following: 

(A) The feasibility of separating the financial infrastructure of the Defense Travel System, including voucher 

processing, accounting, disbursing, debt collection, management accountability, and archival functions, from the travel 

reservation process. 

(B) The feasibility of converting the travel reservation 

process to a fee-for-services system or authorizing the use 

of multiple travel reservation processes, all of which processes would use the financial infrastructure of the Defense 

Travel System. 

(C) The feasibility of making the use of the financial 

infrastructure of the Defense Travel System mandatory 

for all Department of Defense travel transactions. 
H. R. 5122—284

(b) IMPLEMENTATION PLANS.—Not later than 60 days after the 

Secretary of Defense receives the independent study required by 

subsection (a), the Secretary shall submit to the congressional 

defense committees a report describing the actions, if any, that 

the Secretary intends to take to implement the recommendations 

contained in the study. If the Secretary does not intend to implement any of the recommendations, the Secretary shall explain the 

basis for this decision. 

(c) CONDITIONS ON NEW CONTRACT OR EXPENDITURES FOR

DEFENSE TRAVEL SYSTEM.—Except to continue operations to provide 

current services and to perform the functions described in paragraphs (1) through (3), the Secretary of Defense may not initiate 

a new contract for the Defense Travel System or expend funds 

for the Defense Travel System until each of the following occurs: 

(1) The Secretary submits the report required by subsection 

(b). 

(2) The Secretary develops firm, fixed requirements for 

the Defense Travel System. 

(3) The Secretary develops a schedule to phase out the 

legacy travel systems made redundant by implementation of 

the Defense Travel System. 

SEC. 944. ADMINISTRATION OF PILOT PROJECT ON CIVILIAN LINGUIST 

RESERVE CORPS. 

(a) TRANSFER OF ADMINISTRATION TO SECRETARY OF DEFENSE.—

(1) IN GENERAL.—Administration of the pilot project on 

the establishment of a Civilian Linguist Reserve Corps required 

by section 613 of the Intelligence Authorization Act for Fiscal 

Year 2005 (Public Law 108–487; 118 Stat. 3959; 50 U.S.C. 

403–1b note) is hereby transferred from the Director of National 

Intelligence to the Secretary of Defense. 

(2) CONFORMING AMENDMENTS.—Section 613 of the Intelligence Authorization Act for Fiscal Year 2005 is amended—

(A) by striking ‘‘Director of National Intelligence’’ each 

place it appears and inserting ‘‘Secretary of Defense’’; and 

(B) by striking ‘‘Director’’ each place it appears and 

inserting ‘‘Secretary’’. 

(b) COORDINATION WITH DIRECTOR OF NATIONAL INTELLIGENCE

IN ADMINISTRATION.—Subsection (a) of such section is further 

amended—

(1) by inserting ‘‘(1)’’ after ‘‘PILOT PROJECT.—’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The Secretary shall conduct the pilot project in coordination 

with the Director of National Intelligence.’’. 

(c) DISCHARGE OF PROJECT THROUGH NATIONAL SECURITY EDUCATION PROGRAM.—Subsection (a) of such section is further 

amended by adding at the end the following new paragraph: 

‘‘(3) The Secretary shall conduct the pilot project through the 

National Security Education Program.’’. 

(d) DURATION OF PROJECT.—Subsection (c) of such section is 

amended by striking ‘‘three-year period’’ and inserting ‘‘five-year 

period’’. 

(e) REPEAL OF SUPERSEDED AUTHORIZATION.—Such section is 

further amended by striking subsection (f). 
H. R. 5122—285

SEC. 945. IMPROVEMENT OF AUTHORITIES ON THE NATIONAL SECURITY EDUCATION PROGRAM. 

(a) EXPANSION OF EMPLOYMENT CREDITABLE UNDER SERVICE

AGREEMENTS.—Paragraph (2) of subsection (b) of section 802 of 

the David L. Boren National Security Education Act of 1991 (50 

U.S.C. 1902) is amended to read as follows: 

‘‘(2)(A) will (in accordance with regulations prescribed by 

the Secretary of Defense in coordination with the heads of 

the other Federal departments and agencies concerned) begin 

work not later than three years after the recipient’s completion 

of degree study during which scholarship assistance was provided under the program—

‘‘(i) for not less than one year in a position certified 

by the Secretary of Defense, in coordination with the 

Director of National Intelligence, the Secretary of 

Homeland Security, and the Secretary of State (as 

appropriate), as contributing to the national security 

of the United States in the Department of Defense, 

any element of the intelligence community, the Department of Homeland Security, or the Department of 

State; or 

‘‘(ii) for not less than one year in a position in 

a Federal agency or office that is identified by the 

Secretary of Defense under subsection (g) as having 

national security responsibilities if the recipient demonstrates to the Secretary that no position is available 

in the departments and agencies covered by clause 

(i); or 

‘‘(B) will (in accordance with such regulations) begin 

work not later than two years after the recipient’s completion or termination of study for which fellowship assistance 

was provided under the program—

‘‘(i) for not less than one year in a position certified 

by the Secretary of Defense, in coordination with the 

Director of National Intelligence, the Secretary of 

Homeland Security, and the Secretary of State (as 

appropriate), as contributing to the national security 

of the United States in the Department of Defense, 

any element of the intelligence community, the Department of Homeland Security, or the Department of 

State; or 

‘‘(ii) for not less than one year in a position in 

a Federal agency or office that is identified by the 

Secretary of Defense under subsection (g) as having 

national security responsibilities if the recipient demonstrates to the Secretary that no position is available 

in the departments and agencies covered by clause 

(i); and’’. 

(b) TEMPORARY EMPLOYMENT AND RETENTION OF CERTAIN

PARTICIPANTS.—Such section is further amended—

(1) by redesignating subsections (h) and (i) as subsections 

(i) and (j), respectively; and 

(2) by inserting after subsection (g) the following new subsection (h): 

‘‘(h) TEMPORARY EMPLOYMENT AND RETENTION OF CERTAIN

PARTICIPANTS.—

‘‘(1) IN GENERAL.—The Secretary of Defense may—
H. R. 5122—286

‘‘(A) appoint or retain a person provided scholarship 

or fellowship assistance under the program in a position 

in the Department of Defense on an interim basis during 

the period of the person’s pursuit of a degree under the 

program and for a period not to exceed two years after 

completion of the degree, but only if, in the case of the 

period after completion of the degree, there is an active 

investigation to provide security clearance to the person 

for an appropriate permanent position in the Department 

of Defense under subsection (b)(2); and 

‘‘(B) if there is no appropriate permanent position available for the person after the end of the periods described 

in subparagraph (A), separate the person from employment 

with the Department without regard to any other provision 

of law, in which event the service agreement of the person 

under subsection (b) shall terminate. 

‘‘(2) TREATMENT OF CERTAIN SERVICE.—The period of service 

of a person covered by paragraph (1) in a position on an 

interim basis under that paragraph shall, after completion of 

the degree, be treated as a period of service for purposes of 

satisfying the obligated service requirements of the person 

under the service agreement of the person under subsection 

(b).’’. 

(c) PLAN FOR IMPROVING PROGRAM.—Not later than 90 days 

after the date of the enactment of this Act, the Secretary of Defense 

shall submit to Congress a plan for improving the recruitment, 

placement, and retention within the Department of Defense of 

individuals who receive scholarships or fellowships under the David 

L. Boren National Security Education Act of 1991 (50 U.S.C. 1901 

et seq.) in order to facilitate the purposes of that Act in meeting 

the requirements of the Department in acquiring individuals with 

critical foreign language skills and individuals who are regional 

experts. 

SEC. 946. REPORT ON THE POSTURE OF UNITED STATES SPECIAL 

OPERATIONS COMMAND TO CONDUCT THE GLOBAL WAR 

ON TERRORISM. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The 2006 Quadrennial Defense Review recommends 

an increase in the size of the United States Special Operations 

Command as a fundamental part of the efforts of the Department of Defense to fight the global war on terrorism. 

(2) Special operations forces conducting all nine of their 

statutory activities, as specified in section 167(j) of title 10, 

United States Code, play a crucial role in the global war on 

terrorism, and the Department of Defense should take a balanced approach to the expansion of the force structure of that 

command to provide additional capability in both the active 

and reserve components. 

(3) Special operations forces are engaged in operations 

across the globe and in extreme and varied operational environments which require specialized training to successfully operate 

in those environments. 

(4) Due to the global and long-term nature of the global 

war on terrorism, the Secretary of Defense should assess 

whether the United States Special Operations Command has 
H. R. 5122—287

the appropriate force structure and training focus required 

for successful operations in the global war on terrorism. 

(b) REPORT ON POSTURE OF SOCOM TO CONDUCT THE GLOBAL

WAR ON TERRORISM.—Not later than six months after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report assessing the 

posture of the United States Special Operations Command to conduct the global war on terrorism. The Secretary shall include in 

the report the following: 

(1) The Secretary’s assessment of whether the United 

States Special Operations Command is appropriately manned, 

resourced, and equipped to successfully meet the long-term 

requirements of the global war on terrorism. 

(2) The Secretary’s assessment whether the expansion of 

that command as recommended in the 2006 Quadrennial 

Defense Review provides an appropriate balance between active 

and reserve component capabilities. 

(3) The Secretary’s assessment of whether United States 

Special Operations Command has sufficient Army Special 

Forces to meet the 2006 Quadrennial Defense Review objective 

of building allied and partner nation capacity through security 

assistance and other training missions such as the Joint Combined Exchange Training program. 

(4) A detailed statement of the efforts of the commander 

of the United States Special Operations Command to provide 

special operations forces personnel with specialized environmental training in preparation for operations across the globe 

and in extreme and varied operational environments such as 

mountain, jungle, or desert environments. 

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters 

Sec. 1001. General 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. Report on budgeting for fluctuations in fuel cost rates. 

Sec. 1007. Modification of date of submittal of OMB/CBO report on scoring of outlays. 

Sec. 1008. Budgeting for ongoing military operations in Afghanistan and Iraq. 

Subtitle B—Policy Relating to Vessels and Shipyards 

Sec. 1011. Aircraft carrier force structure. 

Sec. 1012. Sense of Congress on naming the CVN–78 aircraft carrier as the U.S.S. 

Gerald R. Ford. 

Sec. 1013. Transfer of naval vessels to foreign nations based upon vessel class. 

Sec. 1014. Overhaul, repair, and maintenance of vessels in foreign shipyards. 

Sec. 1015. Report on options for future lease arrangement for Guam Shipyard. 

Sec. 1016. Assessments of naval vessel construction efficiencies and of effectiveness 

of special contractor incentives. 

Sec. 1017. Obtaining carriage by vessel: criterion regarding overhaul, repair, and 

maintenance of vessels in the United States. 

Sec. 1018. Riding gang member requirements. 

Sec. 1019. Authority to transfer SS Arthur M. Huddell to the Government of 

Greece. 
H. R. 5122—288

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension of authority of Department of Defense to provide additional 

support for counterdrug activities of other governmental agencies. 

Sec. 1022. Extension and expansion of Department of Defense authority to provide 

support for counter-drug activities of certain foreign governments. 

Sec. 1023. Extension of authority to support unified counterdrug and 

counterterrorism campaign in Colombia. 

Sec. 1024. Continuation of reporting requirement regarding Department of Defense 

expenditures to support foreign counterdrug activities. 

Sec. 1025. Report on interagency counter-narcotics plan for Afghanistan and South 

and Central Asian regions. 

Sec. 1026. Report on United States support for Operation Bahamas, Turks & 

Caicos. 

Subtitle D—Force Structure and Defense Policy Matters 

Sec. 1031. Improvements to Quadrennial Defense Review. 

Sec. 1032. Quarterly reports on implementation of 2006 Quadrennial Defense Review Report. 

Sec. 1033. Report on feasibility of establishing a regional combatant command for 

Africa. 

Sec. 1034. Determination of Department of Defense intratheater and intertheater 

airlift requirements and sealift mobility requirements. 

Sec. 1035. Presidential report on improving interagency support for United States 

21st century national security missions and interagency operations in 

support of stability, security, transition, and reconstruction operations. 

Subtitle E—Reports 

Sec. 1041. Additional element in annual report on chemical and biological warfare 

defense. 

Sec. 1042. Report on biodefense human capital requirements in support of biosafety 

laboratories. 

Sec. 1043. Report on technologies for neutralizing or defeating threats to military 

rotary-wing aircraft from portable air defense systems and rocket-propelled grenades. 

Sec. 1044. Reports on expanded use of unmanned aerial vehicles in the National 

Airspace System. 

Sec. 1045. Report on incentives to encourage certain members and former members 

of the Armed Forces to serve in the Bureau of Customs and Border Protection. 

Sec. 1046. Repeal of certain report requirements. 

Sec. 1047. Requirement for identification of recently enacted recurring reporting requirements applicable to the Department of Defense. 

Subtitle F—Miscellaneous Authorities and Limitations 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. Increased flexibility in use of funds for Joint Staff exercises. 

Sec. 1053. Prohibition on parking of funds. 

Sec. 1054. Modification of authorities relating to the Special Inspector General for 

Iraq Reconstruction. 

Subtitle G—Matters Involving Detainees 

Sec. 1061. Provision of information to Congress on certain criminal investigations 

and prosecutions involving detainees. 

Subtitle H—Other Matters 

Sec. 1071. Technical and clerical amendments. 

Sec. 1072. Revision to authorities relating to Commission on the Implementation of 

the New Strategic Posture of the United States. 

Sec. 1073. Revised deadline for submission of final report of EMP Commission. 

Sec. 1074. Extension of returning worker exemption to H–2B numerical limitation. 

Sec. 1075. Patent term extensions for the badges of the American Legion, the 

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

Sec. 1076. Use of the Armed Forces in major public emergencies. 

Sec. 1077. Increased hunting and fishing opportunities for members of the Armed 

Forces, retired members, and disabled veterans.
H. R. 5122—289

Subtitle A—Financial Matters 

SEC. 1001. GENERAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— (1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this division for 

fiscal year 2007 between any such authorizations for that fiscal 

year (or any subdivisions thereof). Amounts of authorizations 

so transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—The total amount of authorizations that 

the Secretary may transfer under the authority of this section 

may not exceed $4,500,000,000. 

(b) LIMITATIONS.—The authority provided by this section to 

transfer authorizations—

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority 

is transferred; and 

(2) may not be used to provide authority for an item that 

has been denied authorization by Congress. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another under the authority of this section 

shall be deemed to increase the amount authorized for the account 

to which the amount is transferred by an amount equal to the 

amount transferred. 

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a). 

SEC. 1002. AUTHORIZATION OF ADDITIONAL EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2006. 

(a) IRAQ, AFGHANISTAN, AND THE GLOBAL WAR ON TERROR.— Amounts authorized to be appropriated to the Department of 

Defense for fiscal year 2006 in the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163) are hereby adjusted, 

with respect to any such authorized amount, by the amount by 

which appropriations pursuant to such authorization are increased 

by a supplemental appropriation, or decreased by a rescission, or 

both, or are increased by a transfer of funds, pursuant to title 

I of the Emergency Supplemental Appropriations Act for Defense, 

the Global War on Terror, and Hurricane Recovery, 2006 (Public 

Law 109–234). 

(b) HURRICANE DISASTER RELIEF AND RECOVERY.—Amounts 

authorized to be appropriated to the Department of Defense for 

fiscal year 2006 in the National Defense Authorization Act for 

Fiscal Year 2006 are hereby adjusted, with respect to any such 

authorized amount, by the amount by which appropriations pursuant to such authorization are increased by a supplemental appropriation, or decreased by a rescission, or both, or are increased 

by a transfer of funds, pursuant to title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, 

and Hurricane Recovery, 2006. 

(c) BORDER SECURITY.—Amounts authorized to be appropriated 

to the Department of Defense for fiscal year 2006 in the National 

Defense Authorization Act for Fiscal Year 2006 are hereby adjusted, 
H. R. 5122—290

with respect to any such authorized amount, by the amount by 

which appropriations pursuant to such authorization are increased 

by a supplemental appropriation, or decreased by a rescission, or 

both, or are increased by a transfer of funds, pursuant to title 

V of the Emergency Supplemental Appropriations Act for Defense, 

the Global War on Terror, and Hurricane Recovery, 2006. 

SEC. 1003. REDUCTION IN CERTAIN AUTHORIZATIONS DUE TO SAVINGS 

RELATING TO LOWER INFLATION. 

(a) REDUCTION.—The aggregate amount authorized to be appropriated by titles I, II, and III is the amount equal to the sum 

of all the amounts authorized to be appropriated by such titles 

reduced by $757,051,000. 

(b) SOURCE OF SAVINGS.—Reductions required in order to 

comply with subsection (a) shall be derived from savings resulting 

from lower-than-expected inflation as a result of a review of the 

inflation assumptions used in the preparation of the budget of 

the President for fiscal year 2007, as submitted to Congress pursuant to section 1005 of title 31, United States Code. 

(c) ALLOCATION OF REDUCTION.—The Secretary of Defense shall 

allocate the reduction required by subsection (a) among the amounts 

authorized to be appropriated for accounts in titles I, II, and III 

to reflect the extent to which net savings from lower-than-expected 

inflation are allocable to amounts authorized to be appropriated 

to such accounts. 

SEC. 1004. INCREASE IN FISCAL YEAR 2006 GENERAL TRANSFER 

AUTHORITY. 

Section 1001(a)(2) of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3418) is 

amended by striking ‘‘$3,500,000,000’’ and inserting 

‘‘$5,000,000,000’’. 

SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED 

BUDGETS IN FISCAL YEAR 2007. 

(a) FISCAL YEAR 2007 LIMITATION.—The total amount contributed by the Secretary of Defense in fiscal year 2007 for the commonfunded budgets of NATO may be any amount up to, but not in 

excess of, the amount specified in subsection (b) (rather than the 

maximum amount that would otherwise be applicable to those 

contributions under the fiscal year 1998 baseline limitation). 

(b) TOTAL AMOUNT.—The amount of the limitation applicable 

under subsection (a) is the sum of the following: 

(1) The amounts of unexpended balances, as of the end 

of fiscal year 2006, of funds appropriated for fiscal years before 

fiscal year 2007 for payments for those budgets. 

(2) The amount specified in subsection (c)(1). 

(3) The amount specified in subsection (c)(2). 

(4) The total amount of the contributions authorized to 

be made under section 2501. 

(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appropriated by titles II and III of this Act are available for contributions 

for the common-funded budgets of NATO as follows: 

(1) Of the amount provided in section 201(1), $797,000 

for the Civil Budget. 

(2) Of the amount provided in section 301(1), $310,277,000 

for the Military Budget. 

(d) DEFINITIONS.—For purposes of this section: 
H. R. 5122—291

(1) COMMON-FUNDED BUDGETS OF NATO.—The term 

‘‘common-funded budgets of NATO’’ means the Military Budget, 

the Security Investment Program, and the Civil Budget of 

the North Atlantic Treaty Organization (and any successor 

or additional account or program of NATO). 

(2) FISCAL YEAR 1998 BASELINE LIMITATION.—The term 

‘‘fiscal year 1998 baseline limitation’’ means the maximum 

annual amount of Department of Defense contributions for 

common-funded budgets of NATO that is set forth as the annual 

limitation in section 3(2)(C)(ii) of the resolution of the Senate 

giving the advice and consent of the Senate to the ratification 

of the Protocols to the North Atlantic Treaty of 1949 on the 

Accession of Poland, Hungary, and the Czech Republic (as 

defined in section 4(7) of that resolution), approved by the 

Senate on April 30, 1998. 

SEC. 1006. REPORT ON BUDGETING FOR FLUCTUATIONS IN FUEL COST 

RATES. 

(a) SECRETARY OF DEFENSE REPORT.— (1) REPORT ON BUDGETING FOR FUEL COST FLUCTUATIONS.— Not later than February 15, 2007, the Secretary of Defense 

shall submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives a report on the fuel rate and cost projection used 

in the annual Department of Defense budget presentation. 

(2) MATTERS TO BE INCLUDED.—In the report under paragraph (1), the Secretary shall—

(A) identify alternative approaches for selecting fuel 

rates that would produce more realistic estimates of 

amounts required to be appropriated or otherwise made 

available for the Department of Defense to accommodate 

fuel rate fluctuations; 

(B) discuss the advantages and disadvantages of each 

approach identified pursuant to subparagraph (A); and 

(C) identify the Secretary’s preferred approach among 

the alternative identified pursuant to subparagraph (A) 

and provide the Secretary’s rationale for preferring that 

approach. 

(3) IDENTIFICATION OF ALTERNATIVE APPROACHES.—In 

identifying alternative approaches pursuant to paragraph 

(2)(A), the Secretary shall examine—

(A) approaches used by other Federal departments and 

agencies; and 

(B) the feasibility of using private economic forecasting. 

(b) COMPTROLLER GENERAL REVIEW AND REPORT.—The Comptroller General shall review the report under subsection (a), 

including the basis for the Secretary’s conclusions stated in the 

report, and shall submit, not later than March 15, 2007, to the 

Committee on Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives a report containing the results of that review. 

SEC. 1007. MODIFICATION OF DATE OF SUBMITTAL OF OMB/CBO 

REPORT ON SCORING OF OUTLAYS. 

Section 226(a) of title 10, United States Code, is amended 

by striking ‘‘January 15 of each year’’ and inserting ‘‘April 1 of 

each year’’. 
H. R. 5122—292

SEC. 1008. BUDGETING FOR ONGOING MILITARY OPERATIONS IN 

AFGHANISTAN AND IRAQ. 

The President’s budget submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for each fiscal year 

after fiscal year 2007 shall include—

(1) a request for the appropriation of funds for such fiscal 

year for ongoing military operations in Afghanistan and Iraq; 

(2) an estimate of all funds expected to be required in 

that fiscal year for such operations; and 

(3) a detailed justification of the funds requested. 

Subtitle B—Policy Relating to Vessels and 

Shipyards 

SEC. 1011. AIRCRAFT CARRIER FORCE STRUCTURE. 

(a) REDUCTION IN MINIMUM NUMBER OF OPERATIONAL AIRCRAFT

CARRIERS REQUIRED BY LAW.—Section 5062(b) of title 10, United 

States Code, is amended by striking ‘‘12’’ and inserting ‘‘11’’. 

(b) REQUIRED CERTIFICATION BEFORE RETIREMENT OF U.S.S. 

JOHN F. KENNEDY.—The Secretary of the Navy may not retire 

the U.S.S. John F. Kennedy (CV–67) from operational status unless 

the Secretary of Defense first submits to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of 

the House of Representatives the Secretary’s certification that the 

Secretary has received—

(1) a formal notice from the Secretary of Homeland Security 

that the Department of Homeland Security does not desire 

to maintain and operate that vessel; and 

(2) a formal notice from the North Atlantic Treaty 

Organization that the North Atlantic Treaty Organization does 

not desire to maintain and operate that vessel. 

(c) CONDITIONS ON STATUS OF U.S.S. JOHN F. KENNEDY IF

RETIRED.—Upon the retirement from operational status of the 

U.S.S. John F. Kennedy (CV–67), the Secretary of the Navy—

(1) while the vessel is in the custody and control of the 

Navy, shall maintain that vessel in a state of preservation 

(including configuration control, dehumidification, cathodic 

protection, and maintenance of spares) that would allow for 

reactivation of that vessel in the event that the vessel was 

needed in response to a national emergency; and 

(2) if the vessel is transferred from the custody and control 

of the Navy, shall require as a condition of such transfer 

that—

(A) if the President declares a national emergency 

pursuant to the National Emergencies Act (50 U.S.C. 1601 

et seq.), the transferee shall, upon request of the Secretary 

of Defense, return the vessel to the United States; and 

(B) in such a case (unless the transferee is otherwise 

notified by the Secretary), title to the vessel shall revert 

immediately to the United States. 

SEC. 1012. SENSE OF CONGRESS ON NAMING THE CVN–78 AIRCRAFT 

CARRIER AS THE U.S.S. GERALD R. FORD. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Gerald R. Ford has served his country with honor 

and distinction for the past 64 years, and continues to serve. 
H. R. 5122—293

(2) Gerald R. Ford was commissioned in the Naval Reserve 

in 1942 and served valiantly at sea on the U.S.S. Monterey 

(CVL–26) during World War II, taking part in major operations 

in the Pacific, including at Makin Island, Kwajalein, Truk, 

Saipan, and the Philippine Sea. 

(3) Gerald R. Ford received 9 engagement stars and 2 

bronze stars for his service in the Navy during World War 

II. 

(4) Gerald R. Ford was first elected to the House of Representatives in 1948. 

(5) During 25 years of service in the House of Representatives, Gerald R. Ford distinguished himself by an exemplary 

record for character, decency, and trustworthiness. 

(6) Throughout his service in the House of Representatives, 

Gerald R. Ford was an ardent proponent of strong national 

defense and international leadership by the United States. 

(7) From 1965 to 1973, Gerald R. Ford served as minority 

leader of the House of Representatives, raising the standard 

for bipartisanship in his tireless fight for freedom, hope, and 

justice. 

(8) In 1973, Gerald R. Ford was appointed by President 

Nixon to the office of Vice President of the United States 

under the 25th Amendment to the Constitution, having been 

confirmed by overwhelming majorities in both Houses of Congress. 

(9) On August 9, 1974, Gerald R. Ford became the 38th 

President of the United States, taking office during one of 

the most challenging periods in the history of the United States. 

(10) As President from August 9, 1974, to January 20, 

1977, Gerald R. Ford restored the faith of the people of the 

United States in the office of the President through his steady 

leadership, courage, and ultimate integrity. 

(11) As President, Gerald R. Ford helped restore the prestige of the United States in the world community by working 

to achieve peace in the Middle East, preserve detente with 

the Soviet Union, and set new limits on the spread of nuclear 

weapons. 

(12) As President, Gerald R. Ford served as Commander 

in Chief of the Armed Forces with great dignity, supporting 

a strong Navy and a global military presence for the United 

States and honoring the members of the Armed Forces. 

(13) Since leaving the office of President, Gerald R. Ford 

has been an international ambassador of American goodwill, 

a noted scholar and lecturer, a strong supporter of human 

rights, and a promoter of higher education. 

(14) Gerald R. Ford was awarded the Medal of Freedom 

and the Congressional Gold Medal in 1999 in recognition of 

his contribution to the Nation. 

(15) As President, Gerald R. Ford bore the weight of a 

constitutional crisis and guided the Nation on a path of healing 

and restored hope, earning forever the enduring respect and 

gratitude of the Nation. 

(b) NAMING OF CVN–78 AIRCRAFT CARRIER.—It is the sense 

of Congress that the nuclear-powered aircraft carrier of the Navy 

designated as CVN–78 should be named the U.S.S. Gerald R. Ford. 
H. R. 5122—294

SEC. 1013. TRANSFER OF NAVAL VESSELS TO FOREIGN NATIONS BASED 

UPON VESSEL CLASS. 

Section 7307(a) of title 10, United States Code, is amended—

(1) by striking ‘‘disposition of that vessel is approved’’ and 

inserting ‘‘disposal of that vessel, or of a vessel of the class 

of that vessel, is authorized’’; and 

(2) by adding at the end the following new sentences: 

‘‘In the case of an authorization by law for the disposal of 

such a vessel that names a specific vessel as being authorized 

for such disposal, the Secretary of Defense may substitute 

another vessel of the same class, if the vessel substituted has 

virtually identical capabilities as the named vessel. In the 

case of an authorization by law for the disposal of vessels 

of a specified class, the Secretary may dispose of vessels of 

that class pursuant to that authorization only in the number 

of such vessels specified in that law as being authorized for 

disposal.’’. 

SEC. 1014. OVERHAUL, REPAIR, AND MAINTENANCE OF VESSELS IN 

FOREIGN SHIPYARDS. 

Section 7310(a) of title 10, United States Code, is amended—

(1) by inserting ‘‘OR GUAM’’ in the subsection heading after 

‘‘UNITED STATES’’; and 

(2) by inserting ‘‘or Guam’’ after ‘‘in the United States’’. 

SEC. 1015. REPORT ON OPTIONS FOR FUTURE LEASE ARRANGEMENT 

FOR GUAM SHIPYARD. 

(a) REPORT REQUIRED.—Not later than December 15, 2006, 

the Secretary of the Navy shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Service of 

the House of Representatives a report describing the options available with respect to the Guam Shipyard in Santa Rita, Guam. 

(b) CONTENTS OF REPORT.—The report required under subsection (a) shall include the following: 

(1) An evaluation of the performance of the entities that, 

as of the date of the enactment of this Act, are the lessee 

and operators of the Guam Shipyard under the terms of the 

lease in effect on the date of the enactment of this Act. 

(2) An evaluation of each of the following options with 

respect to the Guam Shipyard lease: 

(A) Terminating the remaining term of the lease and 

issuing a new 25 year lease with the same entity. 

(B) Terminating the remaining term of the lease with 

respect to the approximately 73 acres within the Guam 

Shipyard that are required for mission requirements and 

leaving the remaining term of the lease in effect with 

respect to the approximately 27 acres within the Facility 

that are not required for mission requirements. 

(C) Terminating the remaining term of the lease and 

negotiating a new use arrangement with a different lessee 

or operator. The new use arrangement options shall 

include: 

(i) Government-owned and government-operated 

facility. 

(ii) Government-owned and contractor-operated 

facility. 
H. R. 5122—295

(iii) Government-leased property for contractorowned and contractor-operated facility. 

(c) OPTIONS FOR NEW USE ARRANGEMENTS.—In evaluating the 

options under subsection (b)(2)(C), the Secretary of the Navy shall 

include an evaluation of each of the following: 

(1) The anticipated future military vessel repair and workload on Guam in relation to the 2006 Quadrennial Defense 

Review, issued on February 6, 2006, pursuant to section 118 

of title 10, United States Code. 

(2) The anticipated military vessel repair and workload 

attributable to vessels comprising the Maritime Prepositioning 

Ship Squadron Three. 

(3) The anticipated military vessel repair and workload 

due to a change in section 7310 of title 10, United States 

Code, that would designate Guam as a United States homeport 

facility. 

(4) The expected workload if the submarine tender the 

U.S.S. Frank Cable (AS–40) is decommissioned. 

(5) The estimated reacquisition costs of transferred Government property. 

(6) Costs to improve floating dry dock mooring certification 

and required nuclear certification for the floating dry dock 

designated as AFDB–8 to conduct the following maintenance: 

(A) Dry-docking selected restricted availabilities and 

mid-term availability for attack submarines. 

(B) Dry-docking phased maintenance availabilities for 

amphibious vessels, including to amphibious assault ships, 

dock landing ships, and amphibious transport dock ships. 

(C) Dry-docking phased maintenance availabilities for 

surface combatants, including cruisers, destroyers, and frigates. 

(7) Commercial opportunities for development to expand 

commercial ship repair and general industrial services, given 

anti-terrorism force protection requirements at the current 

facility. 

(8) Estimates from three contractors for the maintenance 

and repair costs associated with executing a multiship, multioption contract that would generate a minimum 60,000 manday 

commitment for the Department of the Navy and Military 

Sealift Command vessels. 

(9) A projection of the maintenance and repair costs associated with executing a minimum 60,000 mandays for the Department of the Navy and Military Sealift Command vessels as 

a Government-owned and Government-operated Navy ship 

repair facility. 

(d) INPUT FROM CONTRACTORS.—In evaluating the options 

under clauses (ii) and (iii) of subsection (b)(2)(C) for the purposes 

of paragraphs (1), (2), and (3) of subsection (c), the Secretary of 

the Navy shall seek input from at least three contractors on the 

viability of operations based on the projected workload fiscal years 

2008 through 2013. 

(e) RECOMMENDATIONS.—The Secretary of the Navy shall 

include in the report required under subsection (a) the following: 

(1) The recommendations of the Secretary with respect 

to continuation of the existing Guam Shipyard lease based 

on evaluations conducted pursuant to subsection (b)(1). 
H. R. 5122—296

(2) The option under subsection (b)(2) that the Secretary 

recommends for fiscal year 2008. 

(f) GAO REPORT.—Not later than March 1, 2007, the Comptroller General shall submit to the Committee on Armed Services 

of the Senate and the Committee on Armed Service of the House 

of Representatives a report evaluating the report submitted by 

the Secretary of the Navy under subsection (a). The report shall 

include the option under subsection (b)(2) that the Secretary recommends for fiscal year 2008. 

SEC. 1016. ASSESSMENTS OF NAVAL VESSEL CONSTRUCTION EFFICIENCIES AND OF EFFECTIVENESS OF SPECIAL CONTRACTOR INCENTIVES. 

(a) ASSESSMENT REQUIRED.—The Secretary of the Navy shall 

conduct an assessment of each of the aspects of naval vessel 

construction specified in subsection (b) in order to determine—

(1) what inefficiencies exist in those aspects of naval vessel 

construction; 

(2) what innovative design and production technologies, 

processes, and performance incentives are warranted to 

alleviate the inefficiencies so identified; and 

(3) what action the Secretary intends to take to facilitate 

the adoption by the shipbuilding industry of the technologies, 

processes, and performance incentives identified under paragraph (2). 

(b) ASPECTS TO BE ASSESSED.—Subsection (a) applies with 

respect to the following aspects of naval vessel construction: 

(1) Program design, engineering, and production 

engineering. 

(2) Organization and operating systems. 

(3) Steelwork production. 

(4) Ship construction and outfitting. 

(5) Combat systems development, integration, and installation. 

(c) CONSIDERATION OF PRIOR ASSESSMENTS.—In making the 

assessments required by subsection (a), the Secretary shall take 

into consideration the results of—

(1) the study of the cost effectiveness of the ship construction program of the Navy required by section 1014 of the 

Ronald W. Reagan National Defense Authorization Act for 

Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2041); 

(2) the assessment of the United States naval shipbuilding 

industry required by section 254 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 

119 Stat. 3180); and 

(3) any prior assessment performed by or on behalf of 

the Department of Defense. 

(d) SPECIAL CONTRACTOR INCENTIVES.—In addition to the 

assessments under subsection (a), the Secretary shall conduct an 

assessment of the effectiveness of the use in naval vessel construction contracts of special contract incentives for investment by the 

contractor in facilities and process improvement projects. Such 

assessment shall include the following: 

(1) A description of the intent of the use of such incentives 

in naval vessel construction contracts. 

(2) A description of the process and criteria used by the 

Secretary for evaluation of proposed projects to receive such 
H. R. 5122—297

incentives in naval vessel construction contracts and for the 

selection among such proposed projects for inclusion of incentives in such contracts. 

(3) For each facility or process improvement project for 

which funds were provided in a naval vessel construction contract during the five-year period ending on the date of the 

enactment of this Act (including the facility or process improvement project contract incentives incorporated in the Virginiaclass submarine construction contract and in the CVN–21 

construction contract)—

(A) a description of the facility or process improvement 

project proposed by the contractor; 

(B) the amount expended (or to be expended) by the 

United States for the project under the contract; and 

(C) the estimated or actual return on investment for 

the amounts referred to in subparagraph (B). 

(4) The plans of the Secretary of the Navy to use similar 

contract incentives in ongoing and future shipbuilding programs. 

(5) Any recommendation by the Secretary for the enactment 

of legislation that might increase the effectiveness of, or expand 

the use of, such contract incentives. 

(e) REPORT.—Not later than April 1, 2007, the Secretary of 

the Navy shall submit to the congressional defense committees 

a report on—

(1) the Secretary’s assessments of naval vessel construction 

efficiencies under subsection (a), addressing each of the matters 

specified in that subsection; and 

(2) the Secretary’s assessment of the effectiveness of special 

incentives for contractor investment in facilities and process 

improvement projects under subsection (d). 

SEC. 1017. OBTAINING CARRIAGE BY VESSEL: CRITERION REGARDING 

OVERHAUL, REPAIR, AND MAINTENANCE OF VESSELS IN 

THE UNITED STATES. 

(a) ACQUISITION POLICY.—In order to maintain the national 

defense industrial base, the Secretary of Defense shall issue an 

acquisition policy that establishes, as a criterion required to be 

considered in obtaining carriage by vessel of cargo for the Department of Defense, the extent to which an offeror of such carriage 

had overhaul, repair, and maintenance work for covered vessels 

of the offeror performed in shipyards located in the United States. 

(b) COVERED VESSELS.—A vessel is a covered vessel of an offeror 

under this section if the vessel is—

(1) owned, operated, or controlled by the offeror; and 

(2) qualified to engage in the carriage of cargo in the 

coastwise or non-contiguous trade under section 27 of the Merchant Marine Act, 1920 (46 U.S.C. 883), section 12106 of title 

46, United States Code, and section 2 of the Shipping Act, 

1916 (46 U.S.C. App. 802). 

(c) APPLICATION OF POLICY.—The acquisition policy shall 

include rules providing for application of the policy to covered 

vessels as expeditiously as is practicable based on the nature of 

carriage obtained, and by no later than June 1, 2007. 

(d) REGULATIONS.— (1) IN GENERAL.—The Secretary shall prescribe regulations 

as necessary to carry out the acquisition policy and submit 
H. R. 5122—298

such regulations to the Committees on Armed Services of the 

Senate and the House of Representatives, by not later than 

June 1, 2007. 

(2) INTERIM REGULATIONS.—

(A) IN GENERAL.—The Secretary may prescribe interim 

regulations as necessary to carry out the acquisition policy. 

For this purpose, the Secretary is excepted from compliance 

with the notice and comment requirements of section 553 

of title 5, United States Code. 

(B) SUBMISSION TO CONGRESS.—Upon the issuance of 

interim regulations under this paragraph, the Secretary 

shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives the interim regulations and a description of the acquisition policy developed 

(or being developed) under subsection (a). 

(C) EXPIRATION.—All interim regulations prescribed 

under the authority of this paragraph that are not earlier 

superseded by final regulations shall expire no later than 

June 1, 2007. 

(e) ANNUAL REPORT.—The Secretary, acting through the United 

States Transportation Command, shall annually submit to the 

Committees on Armed Services of the Senate and the House of 

Representatives a report regarding overhaul, repair, and maintenance performed on covered vessels of each offeror of carriage 

to which the acquisition policy applies. 

(f) DEFINITIONS.—In this section: 

(1) FOREIGN SHIPYARD.—The term ‘‘foreign shipyard’’ means 

a shipyard that is not located in the United States. 

(2) UNITED STATES.—The term ‘‘United States’’ means—

(A) any State of the United States; and 

(B) Guam. 

SEC. 1018. RIDING GANG MEMBER REQUIREMENTS. 

(a) REQUIREMENT FOR CHARTERS AND CONTRACTS.—

(1) IN GENERAL.—The Secretary of Defense may not award, 

renew, extend, or exercise an option to extend any charter 

of a vessel documented under chapter 121 of title 46, United 

States Code, for the Department of Defense, or any contract 

for the carriage of cargo by a vessel documented under that 

chapter for the Department of Defense, unless the charter 

or contract, respectively, includes provisions that allow riding 

gang members to perform work on the vessel during the effective period of the charter or contract only under terms, conditions, restrictions, and requirements that, except as provided 

in paragraphs (2) and (3), are substantially the same as those 

that apply under section 8106 of title 46, United States Code, 

as in effect immediately before the enactment of this Act, 

with respect to a vessel referred to in that section. 

(2) LIMITATION.—For purposes of paragraph (1) of this subsection, subsections (a)(1)(A)(ii), (c), and (d) of section 8106 

of title 46, United States Code, shall not apply with respect 

to a charter or contract referred to in paragraph (1). 

(3) MERCHANT MARINER’S DOCUMENT REQUIRED.—The Secretary of Defense shall include in the provisions required under 

paragraph (1) a requirement that each riding gang member 
H. R. 5122—299

who performs work on the vessel must hold a merchant mariner’s document issued under chapter 73 of title 46, United 

States Code. 

(4) RIDING GANG MEMBER DEFINED.—In this subsection the 

term ‘‘riding gang member’’ has the meaning that term has 

in section 8106 of title 46, United States Code, as in effect 

immediately before the enactment of this Act. 

(b) EXEMPTIONS BY SECRETARY OF DEFENSE.—

(1) IN GENERAL.—The Secretary of Defense may issue regulations that exempt from the charter or contract provisions 

required under subsection (a) any individual who is on a vessel 

for purposes other than engaging in the operation or maintenance of the vessel, including an individual who is—

(A) one of the personnel who accompany, supervise, 

guard, and maintain unit equipment aboard a ship, commonly referred to as supercargo personnel; 

(B) one of the force protection personnel of the vessel; 

(C) a specialized repair technician; or 

(D) otherwise required by the Secretary of Defense 

to be aboard the vessel. 

(2) BACKGROUND CHECK.—Such regulations shall include 

a requirement that any individual who is exempt under the 

regulations must pass a background check before going aboard 

the vessel, unless the individual holds a merchant mariner’s 

document issued under chapter 73 of title 46, United States 

Code. 

(3) EXEMPTED INDIVIDUAL NOT TREATED AS IN ADDITION

TO THE CREW.—An individual exempted under paragraph (1) 

shall not be counted as an individual in addition to the crew 

for the purposes of section 3304 of title 46, United States 

Code. 

SEC. 1019. AUTHORITY TO TRANSFER SS ARTHUR M. HUDDELL TO 

THE GOVERNMENT OF GREECE. 

(a) AUTHORITY TO TRANSFER.—The President is authorized to 

transfer the ex-Liberty ship SS Arthur M. Huddell to the Government of Greece in accordance with such terms and conditions as 

the President may determine. 

(b) ADDITIONAL EQUIPMENT.—The President is authorized to 

convey additional equipment from other obsolete vessels of the 

National Defense Reserve Fleet to assist the Government of Greece 

in using the vessel referred to in subsection (a) as a museum 

exhibit. 

(c) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARD.—

To the maximum extent practicable, the President shall require, 

as a condition of the transfer of the vessel referred to in subsection 

(a), that the Government of Greece have such repair or refurbishment of the vessel as is needed performed at a shipyard located 

in the United States. 
H. R. 5122—300

Subtitle C—Counter-Drug Activities 

SEC. 1021. EXTENSION OF AUTHORITY OF DEPARTMENT OF DEFENSE 

TO PROVIDE ADDITIONAL SUPPORT FOR COUNTERDRUG 

ACTIVITIES OF OTHER GOVERNMENTAL AGENCIES. 

Section 1004(a) of the National Defense Authorization Act for 

Fiscal Year 1991 (10 U.S.C. 374 note) is amended by striking 

‘‘through 2006’’ and inserting ‘‘through 2011’’. 

SEC. 1022. EXTENSION AND EXPANSION OF DEPARTMENT OF DEFENSE 

AUTHORITY TO PROVIDE SUPPORT FOR COUNTER-DRUG 

ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS. 

(a) EXTENSION OF AUTHORITY.—Paragraph (2) of subsection 

(a) of section 1033 of the National Defense Authorization Act for 

Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881), as amended 

by section 1021 of the National Defense Authorization Act for 

Fiscal Year 2004 (Public Law 108–136: 117 Stat. 1593), is amended 

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

2008’’. 

(b) ADDITIONAL GOVERNMENTS ELIGIBLE TO RECEIVE SUPPORT.—Subsection (b) of such section is amended by adding at 

the end the following new paragraphs: 

‘‘(10) The Government of Azerbaijan. 

‘‘(11) The Government of Kazakhstan. 

‘‘(12) The Government of Kyrgyzstan. 

‘‘(13) The Government of Armenia. 

‘‘(14) The Government of Guatemala. 

‘‘(15) The Government of Belize. 

‘‘(16) The Government of Panama.’’. 

(c) TYPES OF SUPPORT.—Subsection (c) of such section is 

amended—

(1) in paragraph (2), by inserting ‘‘, vehicles, and, subject 

to section 484(a) of the Foreign Assistance Act of 1961 (22 

U.S.C. 2291c(a)), aircraft’’ after ‘‘patrol boats’’; and 

(2) by adding at the end the following new paragraphs: 

‘‘(4) The transfer of detection, interception, monitoring, and 

testing equipment. 

‘‘(5) For the Government of Afghanistan only, individual 

and crew-served weapons of 50 caliber or less and ammunition 

for such weapons for counter-narcotics security forces.’’. 

(d) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Subsection (e)(2) 

of such section is amended—

(1) by striking ‘‘or $40,000,000’’ and inserting ‘‘$40,000,000’’; 

and 

(2) by inserting before the period at the end the following: 

‘‘, or $60,000,000 during either of the fiscal years 2007 and 

2008’’. 

SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED 

COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN 

COLOMBIA. 

Section 1021 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2042) is amended—

(1) in subsection (a)(1), by striking ‘‘and 2006’’ and inserting 

‘‘through 2008’’; and 
H. R. 5122—301

(2) in subsection (c), by striking ‘‘and 2006’’ and inserting 

‘‘through 2008’’. 

SEC. 1024. CONTINUATION OF REPORTING REQUIREMENT REGARDING 

DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT 

FOREIGN COUNTERDRUG ACTIVITIES. 

(a) TWO-YEAR EXTENSION OF REPORTING REQUIREMENT.—Section 1022 of the Floyd D. Spence National Defense Authorization 

Act for Fiscal Year 2001 (as enacted into law by Public Law 106–

398; 114 Stat. 1654A–255), as amended by section 1022 of the 

National Defense Authorization Act for Fiscal Year 2002 (Public 

Law 107–107; 115 Stat. 1215) and section 1021 of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109–

163; 119 Stat. 3426), is further amended by striking ‘‘Not later 

than April 15, 2006,’’ and inserting ‘‘(a) REPORTS REQUIRED.—Not 

later than April 15, 2006, February 15, 2007, and February 15, 

2008,’’. 

(b) ADDITIONAL INFORMATION TO BE INCLUDED.—Such section 

is further amended—

(1) by designating the second sentence as subsection (b) 

and striking ‘‘The report’’ and inserting ‘‘INFORMATION TO BE

PROVIDED.—Each report under this section’’; and 

(2) in paragraph (2), by inserting before the period at 

the end the following: ‘‘and the amount of funds provided for 

each type of counterdrug activity assisted’’. 

(c) FORM AND SUBMISSION OF REPORTS.—Such section is further 

amended—

(1) in subsection (a), as designated by subsection (a) of 

this section, by striking ‘‘the congressional defense committees’’ 

and inserting ‘‘the congressional committees specified in subsection (d)’’; and 

(2) by adding at the end the following new subsections: 

‘‘(c) FORM OF REPORTS.—Each report under this section shall 

be submitted in both classified and unclassified form. 

‘‘(d) SPECIFIED COMMITTEES.—The congressional committees 

specified in this subsection are the following: 

‘‘(1) The Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Appropriations 

of the Senate. 

‘‘(2) The Committee on Armed Services, the Committee 

on International Relations, and the Committee on Appropriations of the House of Representatives.’’. 

SEC. 1025. REPORT ON INTERAGENCY COUNTER-NARCOTICS PLAN FOR 

AFGHANISTAN AND SOUTH AND CENTRAL ASIAN 

REGIONS. 

(a) REPORT REQUIRED.—Not later than December 31, 2006, 

the Secretary of Defense shall submit to the congressional defense 

committees a report updating the interagency counter-narcotics 

implementation plan for Afghanistan and the South and Central 

Asian regions, including Turkmenistan, Uzbekistan, Tajikistan, 

Kyrgyzstan, Kazakhstan, Iran, Armenia, Azerbaijan, Pakistan, 

India, and China. 

(b) CONSULTATION.—The report under this section shall be prepared in consultation with the Secretary of State, the Administrator 

of the Agency for International Development, and the Director 

of the Drug Enforcement Administration. 
H. R. 5122—302

(c) MATTERS TO BE INCLUDED.—The report shall include the 

following for each foreign government covered by the report: 

(1) A consideration of what activities should be reallocated 

among the United States and the foreign government based 

on the capabilities of each department and agency involved. 

(2) Any measures necessary to clarify the legal authority 

required to complete the mission. 

(3) The measures necessary for the United States to 

successfully complete its counter-narcotics efforts in Afghanistan and the South and Central Asian regions, including an 

assessment of whether sufficient personnel and other resources, 

including infrastructure and development initiatives, are being 

made available by the United States and the foreign government. 

(4) Current and proposed United States funding to support 

counter-narcotics activities of the foreign government. 

SEC. 1026. REPORT ON UNITED STATES SUPPORT FOR OPERATION 

BAHAMAS, TURKS & CAICOS. 

(a) FINDINGS.—Congress makes the following findings: 

(1) In 1982 the United States Government created Operation Bahamas, Turks & Caicos (OPBAT) to counter the smuggling of cocaine into the United States. 

(2) According to the Drug Enforcement Agency, an estimated 80 percent of the cocaine entering the United States 

in the 1980s came through the Bahamas, whereas, according 

to the Office of National Drug Control Policy, only an estimated 

10 percent comes through the Bahamas today. 

(3) According to the Drug Enforcement Agency, more than 

80,000 kilograms of cocaine and nearly 700,000 pounds of marijuana have been seized in Operation Bahamas, Turks & Caicos 

since 1986, with a combined street value of approximately 

two billion dollars. 

(4) The Army has provided military airlift to law enforcement officials under Operation Bahamas, Turks & Caicos to 

create an effective, reliable, and immediate response capability 

for drug interdiction. This support is largely responsible for 

the decline in cocaine shipments to the United States through 

the Bahamas. 

(5) The Bahamas is an island nation composed of approximately 700 islands and keys, which makes aviation assets 

the best and most efficient method of transporting law enforcement agents and interdicting smugglers. 

(6) It is in the interests of the United States to maintain 

the results of the successful Operation Bahamas, Turks & 

Caicos program and prevent drug smugglers from rebuilding 

their operations through the Bahamas. 

(b) REPORT ON UNITED STATES GOVERNMENT SUPPORT FOR

OPBAT.—

(1) REPORT ON DECISION TO WITHDRAW.—Not later than 

30 days before implementing a decision to withdraw Department of Defense helicopters from Operation Bahamas, Turks 

& Caicos, the Secretary of Defense shall submit to the Congress 

a report outlining the plan for the coordination of the Operation 

Bahamas, Turks & Caicos mission, at the same level of 

effectiveness, using other United States Government assets. 
H. R. 5122—303

(2) CONSULTATION.—The Secretary of Defense shall consult 

with the Secretary of State, the Attorney General, and the 

Secretary of Homeland Security, and with other appropriate 

officials of the United States Government, in preparing the 

report under paragraph (1). 

(3) ELEMENTS.—The report under paragraph (1) on the 

withdrawal of equipment referred to in that paragraph shall 

include the following: 

(A) An explanation of the military justification for the 

withdrawal of the equipment. 

(B) An assessment of the availability of other options 

(including other Government helicopters) to provide the 

capability being provided by the equipment to be withdrawn. 

(C) An explanation of how each option specified under 

subparagraph (B) will provide the capability currently provided by the equipment to be withdrawn. 

(D) An assessment of the potential use of unmanned 

aerial vehicles in Operation Bahamas, Turks & Caicos, 

including the capabilities of such vehicles and any advantages or disadvantages associated with the use of such 

vehicles in that operation, and a recommendation on 

whether or not to deploy such vehicles in that operation. 

Subtitle D—Force Structure and Defense 

Policy Matters 

SEC. 1031. IMPROVEMENTS TO QUADRENNIAL DEFENSE REVIEW. 

(a) FINDINGS.—Congress finds that the comprehensive examination of the defense program and policies of the United States that 

is undertaken by the Security Defense every four years pursuant 

to section 118 of title 10, United States Code, known as the 

Quadrennial Defense Review, is—

(1) vital in laying out the strategic military planning and 

threat objectives of the Department of Defense; and 

(2) critical to identifying the correct mix of military planning assumptions, defense capabilities, and strategic focuses 

for the Armed Forces. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Quadrennial Defense Review is intended to provide more than 

an overview of global threats and the general strategic orientation 

of the Department of Defense. 

(c) CONDUCT OF REVIEW.—Subsection (b) of section 118 of title 

10, United States Code, is amended—

(1) by striking ‘‘and’’ at the end of paragraph (2); 

(2) by striking the period at the end of paragraph (3) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(4) to make recommendations that are not constrained 

to comply with the budget submitted to Congress by the President pursuant to section 1105 of title 31.’’. 

(d) ADDITIONAL ELEMENTS IN REPORT TO CONGRESS.—Subsection (d) of such section is amended—

(1) in paragraph (1), by inserting ‘‘, the strategic planning 

guidance,’’ after ‘‘United States’’; 
H. R. 5122—304

(2) by redesignating paragraphs (9) through (15) as paragraphs (10), (11), (12), (13), (14), (15), and (17), respectively; 

(3) by inserting after paragraph (8) the following new paragraph (9): 

‘‘(9) The specific capabilities, including the general number 

and type of specific military platforms, needed to achieve the 

strategic and warfighting objectives identified in the review.’’; 

and 

(4) by inserting after paragraph (15), as redesignated by 

paragraph (2), the following new paragraph: 

‘‘(16) The homeland defense and support to civil authority 

missions of the active and reserve components, including the 

organization and capabilities required for the active and reserve 

components to discharge each such mission.’’. 

(e) CJCS REVIEW.—Subsection (e)(1) of such section is amended 

by inserting before the period at the end the following: ‘‘and a 

description of the capabilities needed to address such risk’’. 

(f) INDEPENDENT ASSESSMENT.—Such section is further 

amended by adding at the end the following new subsection: 

‘‘(f) INDEPENDENT PANEL ASSESSMENT.—(1) Not later than six 

months before the date on which the report on a Quadrennial 

Defense Review is to be submitted under subsection (d), the Secretary of Defense shall establish a panel to conduct an assessment 

of the quadrennial defense review. 

‘‘(2) Not later than three months after the date on which 

the report on a quadrennial defense review is submitted under 

subsection (d) to the congressional committees named in that subsection, the panel appointed under paragraph (1) shall submit to 

those committees an assessment of the review, including the recommendations of the review, the stated and implied assumptions 

incorporated in the review, and the vulnerabilities of the strategy 

and force structure underlying the review. The assessment of the 

panel shall include analyses of the trends, asymmetries, and concepts of operations that characterize the military balance with 

potential adversaries, focusing on the strategic approaches of possible opposing forces.’’. 

SEC. 1032. QUARTERLY REPORTS ON IMPLEMENTATION OF 2006 

QUADRENNIAL DEFENSE REVIEW REPORT. 

(a) REPORTS REQUIRED.—Not later than 30 days after the end 

of each fiscal-year quarter, the Secretary of Defense shall submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

on the implementation of recommendations described in the Department of Defense 2006 Quadrennial Defense Review Report. 

(b) CONTENTS OF REPORTS.—Each quarterly report under subsection (a) shall, at a minimum—

(1) describe the processes and procedures established by 

the Secretary of Defense to examine the various recommendations referred to in subsection (a); 

(2) discuss implementation plans and strategies for each 

area highlighted by the Quadrennial Defense Review Report; 

(3) provide relevant information about the status of such 

implementation; and 

(4) indicate changes in the Secretary’s assessment of the 

defense strategies or capabilities required since the publication 

of the 2006 Quadrennial Defense Review Report. 
H. R. 5122—305

(c) INITIAL REPORT.—The first report under subsection (a) shall 

be submitted not later than January 31, 2007. 

(d) EXPIRATION OF REQUIREMENT.—The reporting requirement 

in subsection (a) shall terminate upon the earlier of the following: 

(1) The date of the publication of the next Quadrennial 

Defense Review Report after the date of the enactment of 

this Act pursuant to section 118 of title 10, United States 

Code. 

(2) The date of transmission of a written notification by 

the Secretary of Defense to the Committee on Armed Services 

of the Senate and the Committee on Armed Services of the 

House of Representatives that implementation of the recommendations of the 2006 Quadrennial Defense Review is complete. 

SEC. 1033. REPORT ON FEASIBILITY OF ESTABLISHING A REGIONAL 

COMBATANT COMMAND FOR AFRICA. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

on the establishment under chapter 6 of title 10, United States 

Code, of a new unified combatant command with a geographic 

area of responsibility consisting of the African continent and adjacent waters. 

(b) CONTENT.—The report under subsection (a) shall include—

(1) a study on the feasibility and advisability of establishing 

a combatant command for Africa as described in subsection 

(a); 

(2) an assessment of the benefits and problems associated 

with establishing such a command; and 

(3) an estimate of the costs, time, and resources needed 

to establish such a command. 

SEC. 1034. DETERMINATION OF DEPARTMENT OF DEFENSE 

INTRATHEATER AND INTERTHEATER AIRLIFT REQUIREMENTS AND SEALIFT MOBILITY REQUIREMENTS. 

(a) DETERMINATION OF REQUIREMENTS.—The Secretary of 

Defense, as part of the 2006 Mobility Capabilities Study, shall 

determine Department of Defense mobility requirements as follows: 

(1) The Secretary shall determine intratheater and intertheater airlift mobility requirements (stated in terms of million 

ton miles per day) and sealift mobility requirements (stated 

in terms of tons) necessary to support warfighting objectives 

of the commanders of the combatant commands for each scenario that was modeled in the 2005 Mobility Capabilities Study 

and each scenario that is modeled in the 2006 Mobility Capabilities Study. 

(2) The Secretary shall determine intratheater and intertheater airlift mobility requirements (stated in terms of million 

ton miles per day) and sealift mobility requirements (stated 

in terms of tons) for executing the National Military Strategy 

with a low acceptable level of risk, with a medium acceptable 

level of risk, and with a high acceptable level of risk, for 

each of the following: 

(A) Two overlapping ‘‘swift defeat’’ campaigns. 

(B) The Global War on Terrorism. 

(C) Baseline security posture operations. 
H. R. 5122—306

(D) Homeland defense and civil support operations. 

(E) Special operations missions. 

(F) Global long-range strike missions. 

(G) Strategic nuclear missions. 

(b) REPORT.—Not later than February 1, 2007, the Secretary 

of Defense shall submit to the congressional defense committees 

a report providing the mobility requirements determined pursuant 

to subsection (a). As part of the report, the Secretary shall—

(1) set forth each mobility requirement specified in paragraph (1) or (2) of subsection (a); and 

(2) compare those defined mobility requirements to the 

Department of Defense’s mobility capability program of record 

for intertheater and intratheater airlift and sealift. 

(c) MOBILITY CAPABILITIES STUDIES.—For purposes of this section: 

(1) 2006 MOBILITY CAPABILITIES STUDY.—The term ‘‘2006 

Mobility Capabilities Study’’ means the studies conducted by 

the Secretary of Defense and the Joint Staff during 2006 as 

a follow-on to the 2005 Mobility Capabilities Study. 

(2) 2005 MOBILITY CAPABILITIES STUDY.—The term ‘‘2005 

Mobility Capabilities Study’’ means the comprehensive Mobility 

Capabilities Study completed in December 2005 and conducted 

through the Office of Program Analysis and Evaluation of the 

Department of Defense to assess mobility needs for all aspects 

of the National Defense Strategy. 

SEC. 1035. PRESIDENTIAL REPORT ON IMPROVING INTERAGENCY SUPPORT FOR UNITED STATES 21ST CENTURY NATIONAL 

SECURITY MISSIONS AND INTERAGENCY OPERATIONS IN 

SUPPORT OF STABILITY, SECURITY, TRANSITION, AND 

RECONSTRUCTION OPERATIONS. 

(a) REPORT REQUIRED.—Not later than April 1, 2007, the President shall submit to Congress a report on building interagency 

capacity and enhancing the integration of civilian capabilities of 

the executive branch with the capabilities of the Armed Forces 

to enhance the achievement of United States national security 

goals and objectives. 

(b) REPORT ELEMENTS.—The report under subsection (a) shall 

include the following: 

(1) An assessment of the capacity and capabilities required 

within the civilian agencies of the United States Government 

to achieve the full range of United States national security 

goals and objectives, to defend United States national security 

interests, and, in particular, to coordinate with the Armed 

Forces where deployed, including capacity and capabilities in 

at least the following areas: 

(A) Organizations and organizational structures, 

including a description of the roles, responsibilities, and 

authorities; 

(B) Planning and assessment capabilities; 

(C) Information sharing policies, practices, and systems; 

(D) Leadership issues, including command and control 

of forces and personnel in the field; 
H. R. 5122—307

(E) Personnel policies and systems, including those 

pertaining to recruiting, retention, training, education, promotion, awards, employment, deployment, and retirement; 

and 

(F) Acquisition authorities, including identifying any 

economies of scale that could be gained by improved 

coordination of acquisition activities and replicating ‘‘best 

practices’’, as appropriate. 

(2) The criteria and considerations used to evaluate 

progress in each of the areas specified in paragraph (1) towards 

building interagency capacity and capabilities and integrating 

such capabilities across the United States Government to 

enhance the achievement of United States national security 

goals and objectives. 

(3) Recommendations for specific legislative proposals that 

would build interagency capacity by—

(A) addressing statutory or budgetary impediments, 

if any, to the improvement of interagency cooperation and 

coordination in order to carry out the full range of national 

security missions (including stability, security, transition, 

and reconstruction operations); and 

(B) providing means to enhance the integration of 

civilian capabilities with the capabilities of deployed elements of the Armed Forces for each of those national 

security missions. 

(c) ADDITIONAL REPORT ELEMENTS.—The report under subsection (a) shall include a portion dedicated to efforts to address 

the near-term need to strengthen interagency operations in support 

of stability, security, transition, and reconstruction operations, 

including a plan to establish interagency operating procedures for 

the departments and agencies of the United States Government 

for the planning and conduct of stability, security, transition, and 

reconstruction operations. Such plan shall include the following: 

(1) A delineation of the roles, responsibilities, and authorities of the departments and agencies of the United States 

Government for stability, security, transition, and reconstruction operations. 

(2) A description of operational processes for setting policy 

direction for stability, security, transition, and reconstruction 

operations in order to guide—

(A) operational planning and funding decisions of those 

departments and agencies; 

(B) integration of civilian and military planning efforts; 

(C) integration of programs and activities into an 

implementation plan; 

(D) oversight of policy implementation; 

(E) provision of guidance to field-level personnel on 

program direction and priorities; and 

(F) monitoring of field implementation of assistance 

programs. 

(3) A description of available capabilities and resources 

of each department and agency of the United States Government that could be used in support of stability, security, transition, and reconstruction operations and identification of additional resources needed to support the conduct of such operations. 
H. R. 5122—308

(4) A description of how the capabilities and resources 

of the departments and agencies of the United States Government will be coordinated to support stability, security, transition, and reconstruction operations. 

(5) A description of existing, or planned, protocols between 

departments and agencies of the United States Government 

on the utilization and allocation of assets in field operations 

that support stability, security, transition, and reconstruction 

operations. 

(6) Recommendations for improving interagency training, 

education, and simulation exercises in order to adequately prepare civilian and military personnel in the departments and 

agencies of the United States Government to perform stability, 

security, transition, and reconstruction operations. 

(7) Guidance for the implementation of the plan. 

(d) FORM OF REPORT.—To the maximum extent practicable, 

the report shall be unclassified, with a classified annex, if necessary. 

Subtitle E—Reports 

SEC. 1041. ADDITIONAL ELEMENT IN ANNUAL REPORT ON CHEMICAL 

AND BIOLOGICAL WARFARE DEFENSE. 

Section 1703(b) of the National Defense Authorization Act for 

Fiscal Year 1994 (50 U.S.C. 1523(b)) is amended by adding at 

the end the following new paragraph: 

‘‘(10) A description of the coordination and integration of 

the program of the Defense Advanced Research Projects Agency 

(DARPA) on basic and applied research and advanced technology development on chemical and biological warfare defense 

technologies and systems under section 1701(c)(2) with the 

overall program of the Department of Defense on chemical 

and biological warfare defense, including—

‘‘(A) an assessment of the degree to which the DARPA 

program is coordinated and integrated with, and supports 

the objectives and requirements of, the overall program 

of the Department of Defense; and 

‘‘(B) the means by which the Department determines 

the level of such coordination and support.’’. 

SEC. 1042. REPORT ON BIODEFENSE HUMAN CAPITAL REQUIREMENTS 

IN SUPPORT OF BIOSAFETY LABORATORIES. 

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 

a study to determine the Department of Defense human capital 

requirements for pending capital programs to construct biodefense 

laboratories at Biosafety Level (BSL) 3 and Biosafety Level 4 or 

to expand current biodefense laboratories to such biosafety levels. 

(b) ELEMENTS.—In conducting the study, the Secretary shall 

address the following: 

(1) The number of trained research and support staff, by 

discipline and qualification level, including researchers, laboratory technicians, animal handlers, facility managers, facility 

or equipment maintainers, biosecurity personnel (including biosafety, physical, and electronic security personnel), and other 

safety personnel required—

(A) for existing biodefense laboratories at Biosafety 

Level 3 and Biosafety Level 4; and 
H. R. 5122—309

(B) to manage biodefense research efforts to combat 

bioterrorism at the biodefense laboratories described in 

subsection (a). 

(2) Plans to recruit and retain skilled personnel, in numbers 

sufficient to meet requirements described in paragraph (1)(B). 

(3) A forecast of the training required to provide the personnel described by paragraph (1)(B) in time to meet the scheduled openings of the biodefense laboratories described in subsection (a), including—

(A) the types of training required; 

(B) the length of training required; and 

(C) the training sources. 

(c) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary shall submit to the Committees 

on Armed Services of the Senate and House of Representatives 

a report setting forth the results of the study conducted under 

this section. 

SEC. 1043. REPORT ON TECHNOLOGIES FOR NEUTRALIZING OR 

DEFEATING THREATS TO MILITARY ROTARY-WING AIRCRAFT FROM PORTABLE AIR DEFENSE SYSTEMS AND 

ROCKET-PROPELLED GRENADES. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on technologies 

for neutralizing or defeating threats to military rotary-wing aircraft 

posed by portable air defense systems and rocket-propelled grenades 

that are being researched, developed, employed, or considered by 

the United States Government or the North Atlantic Treaty 

Organization. 

(b) CONTENT.—The report under subsection (a) shall include 

the following: 

(1) An assessment of the expected value and utility of 

the technologies referred to in subsection (a), particularly with 

respect to—

(A) the saving of lives; 

(B) the ability to reduce the vulnerability of aircraft; 

and 

(C) the enhancement of the ability of aircraft and their 

crews to accomplish assigned missions. 

(2) An assessment of the potential costs of developing and 

deploying such technologies. 

(3) A description of efforts undertaken to develop such 

technologies, including—

(A) nonlethal countermeasures; 

(B) lasers and other systems designed to dazzle, 

impede, or obscure threatening weapons or their users; 

(C) direct fire response systems; 

(D) directed energy weapons; and 

(E) passive and active systems. 

(4) A description of any impediment to the development 

of such technologies, such as legal restrictions under the law 

of war, treaty restrictions under the Protocol on Blinding 

Lasers, and political obstacles such as the reluctance of other 

allied countries to pursue such technologies. 
H. R. 5122—310

SEC. 1044. REPORTS ON EXPANDED USE OF UNMANNED AERIAL 

VEHICLES IN THE NATIONAL AIRSPACE SYSTEM. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Unmanned aerial vehicles (UAVs) serve Department 

of Defense intelligence, surveillance, reconnaissance, and combat missions. 

(2) Operational reliability of unmanned aerial systems continues to improve, and development and fielding of so-called 

sense-and-avoid technology should continue in order to provide 

unmanned aerial systems with an appropriate level of safety. 

(3) Unmanned aerial vehicles have the potential to support 

the Nation’s homeland defense mission, border security mission, 

and natural disaster recovery efforts. 

(b) REPORTS.— (1) DOD REPORT.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the relevant congressional committees a report on 

the actions of the Department of Defense to develop standards 

for the testing and operation of unmanned aerial vehicles in 

the National Airspace System. 

(2) FAA REPORT.—Not later than one year after the date 

of the enactment of this Act, the Administrator of the Federal 

Aviation Administration shall submit to the relevant congressional committees a report on progress in developing a policy 

for testing and a plan for achieving wider access by unmanned 

aerial vehicles that are appropriately equipped to operate in 

the National Airspace System 

(3) RELEVANT CONGRESSIONAL COMMITTEE.—For the purposes of this subsection, the relevant congressional committees 

are the following: 

(A) The Committee on Armed Services, the Committee 

on Commerce, the Committee on Science and Transportation, and the Committee on Homeland Security and 

Governmental Affairs of the Senate. 

(B) The Committee on Armed Services, the Committee 

on Energy and Commerce, the Committee on Government 

Reform, and the Committee on Transportation and Infrastructure of the House of Representatives. 

SEC. 1045. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES 

TO SERVE IN THE BUREAU OF CUSTOMS AND BORDER 

PROTECTION. 

(a) REPORT REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Homeland Security 

and the Secretary of Defense shall jointly submit to the congressional committees specified in subsection (e) a report assessing 

the desirability and feasibility of offering incentives to members 

and former members of the Armed Forces described in subsection 

(b) for the purpose of encouraging such members to serve in the 

Bureau of Customs and Border Protection of the Department of 

Homeland Security. 

(b) COVERED MEMBERS AND FORMER MEMBERS.—The members 

and former members of the Armed Forces to be covered by the 

report under subsection (a) are the following: 

(1) Members of the reserve components of the Armed 

Forces. 
H. R. 5122—311

(2) Former members of the Armed Forces within two years 

of separation from service in the Armed Forces. 

(c) REQUIREMENTS AND LIMITATIONS.—

(1) NATURE OF INCENTIVES.—In considering incentives for 

purposes of the report required by subsection (a), the Secretaries shall consider such incentives as the Secretaries jointly 

consider appropriate, whether or not such incentives are monetary or otherwise and whether or not such incentives are 

authorized by current law or regulations. 

(2) TARGETING OF INCENTIVES.—In assessing any incentive 

for purposes of the report, the Secretaries shall give particular 

attention to the utility of such incentive in—

(A) encouraging service in the Bureau of Customs and 

Border Protection after service in the Armed Forces by 

members and former members of the Armed Forces 

described in subsection (b) who provided border patrol or 

border security assistance to the Bureau as part of their 

duties as members of the Armed Forces; and 

(B) leveraging military training and experience by 

accelerating training, or allowing credit to be applied to 

related areas of training, required for service with the 

Bureau of Customs and Border Protection. 

(3) PAYMENT.—In assessing incentives for purposes of the 

report, the Secretaries shall assume that any costs of such 

incentives shall be borne by the Department of Homeland Security. 

(d) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of various monetary and non-monetary 

incentives considered for purposes of the report. 

(2) An assessment of the desirability and feasibility of 

utilizing any such incentive for the purpose specified in subsection (a), including an assessment of the particular utility 

of such incentive in encouraging service in the Bureau of Customs and Border Protection after service in the Armed Forces 

by members and former members of the Armed Forces described 

in subsection (c)(2)(A). 

(3) Any other matters that the Secretaries jointly consider 

appropriate. 

(e) SUBMISSION OF REPORT.—The report required by subsection 

(a) shall be submitted to—

(1) the Committee on Armed Services, the Committee on 

Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and 

(2) the Committee on Armed Services, the Committee on 

Homeland Security, and the Committee on Appropriations of 

the House of Representatives. 

SEC. 1046. REPEAL OF CERTAIN REPORT REQUIREMENTS. 

(a) ANNUAL REPORT ON AVIATION CAREER INCENTIVE PAY.—

Section 301a of title 37, United States Code, is amended by striking 

subsection (f). 

(b) ANNUAL REPORT ON EFFECTS OF CERTAIN INITIATIVES ON

RECRUITMENT AND RETENTION.—

(1) REPEAL.—Section 1015 of title 37, United States Code, 

is repealed. 
H. R. 5122—312

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 19 of such title is amended by striking 

the item relating to section 1015. 

(c) SECRETARY OF DEFENSE RECOMMENDATION ON NEED FOR

DEFENSE IMPACT REVIEW PROCESS.—Section 1041 of the National 

Defense Authorization Act for Fiscal Year 2002 (Public Law 107–

107; 115 Stat. 1217) is repealed. 

(d) REPORT ON PILOT PROGRAM TO ENHANCE MILITARY

RECRUITING BY IMPROVING MILITARY AWARENESS OF SCHOOL COUNSELORS AND EDUCATORS.—Section 564 of the Floyd D. Spence 

National Defense Authorization Act for Fiscal Year 2001 (as enacted 

into law by Public Law 106–398 (114 Stat. 1654A–133; 10 U.S.C. 

503 note)) is amended by striking subsection (c). 

(e) ANNUAL REPORT ON MEDICAL INFORMATICS.—Section 723(d) 

of the National Defense Authorization Act for Fiscal Year 2000 

(Public Law 106–65; 10 U.S.C. 1071 note) is amended—

(1) by striking paragraph (5); and 

(2) by redesignating paragraphs (6) and (7) as paragraphs 

(5) and (6), respectively. 

SEC. 1047. REQUIREMENT FOR IDENTIFICATION OF RECENTLY 

ENACTED RECURRING REPORTING REQUIREMENTS 

APPLICABLE TO THE DEPARTMENT OF DEFENSE. 

(a) IDENTIFICATION AND SUBMITTAL TO CONGRESSIONAL

COMMITTEES.— (1) IN GENERAL.—Not later than March 1, 2007, the Secretary of Defense shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services 

of the House of Representatives a listing of each provision 

of law specified in paragraph (2). 

(2) COVERED PROVISIONS OF LAW.—Paragraph (1) applies 

with respect to any provision of law enacted on or after 

November 24, 2003 (the date of the enactment of the National 

Defense Authorization Act for Fiscal Year 2004 (Public Law 

108–136)), and before February 1, 2007, that requires the 

submission by the Secretary of Defense or any other official 

of the Department of Defense of annual, semiannual, or other 

periodic reports to one or more of the congressional defense 

committees. 

(b) ADDITIONAL MATTER TO BE SUBMITTED.—The Secretary of 

Defense shall include with the listing submitted under subsection 

(a) the following: 

(1) With respect to each provision of law covered by that 

subsection, a description of the report requirement under that 

provision. 

(2) For each such report requirement—

(A) an assessment by the Secretary—

(i) of the burden imposed on the Department of 

Defense by the preparation of the report; and 

(ii) of the utility of such report from the perspective 

of the Department of Defense; and 

(B) a recommendation on the advisability of repealing 

or modifying the requirement for the submittal of such 

report. 

(c) DEFINITION.—In this section, the term ‘‘report’’ has the 

meaning given that term in section 480(c) of title 10, United States 

Code. 
H. R. 5122—313

Subtitle F—Miscellaneous Authorities and 

Limitations 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. 

(a) IN GENERAL.—Subchapter II of chapter 134 of title 10, 

United States Code, is amended by adding at the end the following 

new section: 

‘‘§ 2262. Department of Defense conferences: collection of fees 

to cover Department of Defense costs 

‘‘(a) AUTHORITY TO COLLECT FEES.—(1) The Secretary of 

Defense may collect fees from any individual or commercial participant in a conference, seminar, exhibition, symposium, or similar 

meeting conducted by the Department of Defense (in this section 

referred to collectively as a ‘conference’). 

‘‘(2) The Secretary may provide for the collection of fees under 

this section directly or by contract. The fees may be collected 

in advance of a conference. 

‘‘(b) USE OF COLLECTED FEES.—Amounts collected under subsection (a) with respect to a conference shall be credited to the 

appropriation or account from which the costs of the conference 

are paid and shall be available to pay the costs of the Department 

of Defense with respect to the conference or to reimburse the 

Department for costs incurred with respect to the conference. 

‘‘(c) TREATMENT OF EXCESS AMOUNTS.—In the event the total 

amount of fees collected under subsection (a) with respect to a 

conference exceeds the actual costs of the Department of Defense 

with respect to the conference, the amount of such excess shall 

be deposited into the Treasury as miscellaneous receipts. 

‘‘(d) ANNUAL REPORTS.—(1) Not later than 45 days after the 

President submits to Congress the budget for a fiscal year under 

section 1105 of title 31, the Secretary of Defense shall submit 

to the congressional defense committees a budget justification document summarizing the use of the fee-collection authority provided 

by this section. 

‘‘(2) Each report shall include the following: 

‘‘(A) A list of all conferences conducted during the preceding 

two calendar years for which fees were collected under this 

section. 

‘‘(B) For each conference included on the list under subparagraph (A): 

‘‘(i) The estimated costs of the Department for the 

conference. 

‘‘(ii) The actual costs of the Department for the conference, including a separate statement of the amount of 

any conference coordinator fees associated with the conference. 

‘‘(iii) The amount of fees collected under this section 

for the conference. 
H. R. 5122—314

‘‘(C) An estimate of the number of conferences to be conducted during the calendar year in which the report is submitted for which the Department will collect fees under this 

section.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 134 of such title is amended 

by adding at the end the following new item:

‘‘2262. Department of Defense conferences: collection of fees to cover Department of 

Defense costs.’’.

SEC. 1052. INCREASED FLEXIBILITY IN USE OF FUNDS FOR JOINT 

STAFF EXERCISES. 

(a) IN GENERAL.—Amounts available to the Chairman of the 

Joint Chiefs of Staff for joint staff exercises may be available 

for any expenses as follows: 

(1) Expenses of the Armed Forces in connection with such 

exercises, including expense relating to self-deploying 

watercraft under the jurisdiction of a military department. 

(2) Expenses relating to the costs of port support activities 

in connection with such exercises, including transportation and 

port handling. 

(3) Expenses relating to the breakout and operation of 

prepositioned watercraft and lighterage for joint logistics and 

over the shore exercises in connection with such exercises. 

(b) SUPPLEMENT NOT SUPPLANT.—Any amounts made available 

by the Chairman of the Joint Chiefs of Staff under subsection 

(a) for expenses covered by that subsection are in addition to any 

other amounts available under law for such expenses. 

SEC. 1053. PROHIBITION ON PARKING OF FUNDS. 

(a) PROHIBITION.—

(1) IN GENERAL.—Chapter 165 of title 10, United States 

Code, is amended by inserting after section 2773a the following 

new section: 

‘‘§ 2773b. Parking of funds: prohibition; penalties 

‘‘(a) PROHIBITION.—An officer or employee of the Department 

of Defense may not direct the designation of funds for a particular 

purpose in the budget of the President, as submitted to Congress 

pursuant to section 1105 of title 31, or the supporting documents 

of the Department of Defense component of such budget, with 

the knowledge or intent that such funds, if made available to 

the Department, will not be used for the purpose for which they 

are designated. 

‘‘(b) PENALTIES.—The direction of the designation of funds in 

violation of the prohibition in subsection (a) shall be treated for 

purposes of chapter 13 of title 31 as a violation of section 

1341(a)(1)(A) of such title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 165 of such title is amended by inserting 

after the item relating to section 2773a the following new 

item:

‘‘2773b. Parking of funds: prohibition; penalties.’’.

(b) EFFECTIVE DATE.—
H. R. 5122—315

(1) IN GENERAL.—The amendments made by subsection 

(a) shall take effect on the date that is 31 days after the 

date of the enactment of this Act. 

(2) MODIFICATION OF CERTAIN POLICIES AND REGULATIONS.—Not later than 30 days after the date of the enactment 

of this Act, the Secretary of Defense shall modify the policies 

and regulations of the Department of Defense regarding the 

preparation and submittal to Congress of budget materials 

for the Department of Defense to take into account section 

2773b of title 10, United States Code, as added by subsection 

(a). 

SEC. 1054. MODIFICATION OF AUTHORITIES RELATING TO THE SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION. 

(a) DUTIES.—For purposes of carrying out the duties of the 

Special Inspector General for Iraq Reconstruction under section 

3001(f) of the Emergency Supplemental Appropriations Act for 

Defense and for the Reconstruction of Iraq and Afghanistan, 2004 

(Public Law 108–106; 117 Stat. 1235 et seq.; 5 U.S.C. App., note 

to section 8G of Public Law 95–452), any United States funds 

appropriated or otherwise made available for fiscal year 2006 for 

the reconstruction of Iraq, irrespective of the designation of such 

funds, shall be deemed to be amounts appropriated or otherwise 

made available to the Iraq Relief and Reconstruction Fund. 

(b) TERMINATION.—Section 3001(o) of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction 

of Iraq and Afghanistan, 2004 (Public Law 108–106; 117 Stat. 

1238; 5 U.S.C. App., note to section 8G of Public Law 95–452) 

is amended to read as follows: 

‘‘(o) TERMINATION.—The Office of the Inspector General shall 

terminate on October 1, 2007, with transition operations authorized 

to continue through December 31, 2007.’’. 

Subtitle G—Matters Involving Detainees 

SEC. 1061. PROVISION OF INFORMATION TO CONGRESS ON CERTAIN 

CRIMINAL INVESTIGATIONS AND PROSECUTIONS 

INVOLVING DETAINEES. 

(a) ANNUAL REPORT.—Subsection (c) of section 1093 of the 

Ronald W. Reagan National Defense Authorization Act for Fiscal 

Year 2005 (Public Law 108–375; 118 Stat. 2070) is amended—

(1) in paragraph (1), by inserting ‘‘, or any prosecution 

on account of,’’ after ‘‘Notice of any investigation into’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) For each investigation or prosecution described in paragraph (1) with respect to which notice is included in the report—

‘‘(A) a detailed and comprehensive description of such 

investigation or prosecution and any resulting judicial or 

nonjudicial punishment or other disciplinary action; and 

‘‘(B) if the individual receiving the punishment or disciplinary action is a member of the Armed Forces, the 

grade of that individual (i) as of the time of the incident 

resulting in the investigation or prosecution, (ii) as of the 

beginning of the investigation or prosecution, and (iii) as 

of the submission of the report.’’. 
H. R. 5122—316

(b) TIMELY SUBMISSION OF COVERED INFORMATION.—Such section is further amended by adding at the end the following new 

subsection: 

‘‘(f) ADDITIONAL REPORTING.—In addition to the annual report 

under subsection (c), the Secretary of Defense shall submit to the 

committees named in that subsection regular and timely reports 

on the matters described in paragraphs (1) and (3) of that subsection.’’. 

Subtitle H—Other Matters 

SEC. 1071. TECHNICAL AND CLERICAL AMENDMENTS. 

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 

Code, is amended as follows: 

(1) Section 115 is amended—

(A) by striking the second subsection (i) (added by 

section 512(b) of Public Law 108–375 (118 Stat. 1880)); 

and 

(B) by adding at the end of subsection (i) the following 

new paragraph: 

‘‘(13) Members of the National Guard on full-time National 

Guard duty involuntarily and performing homeland defense 

activities under chapter 9 of title 32.’’. 

(2) Sections 133(c)(1), 2225(f)(1), 2302c(b), 2304(f)(1)(B)(iii), 

2359a(i), and 2382(c)(3)(A) are amended by striking ‘‘section 

16(3) of the Office of Federal Procurement Policy Act (41 U.S.C. 

414(3))’’ and inserting ‘‘section 16(c) of the Office of Federal 

Procurement Policy Act (41 U.S.C. 414(c))’’. 

(3) Section 426(a)(1)(B) is amended by striking ‘‘coordiation’’ 

and inserting ‘‘coordination’’. 

(4) Section 843(b)(2) is amended—

(A) in subparagraph (B)(iii), by striking ‘‘article 126’’ 

and inserting ‘‘article 125’’; and 

(B) in subparagraph (C), by striking ‘‘under chapter 

110 or 117, or under section 1591, of title 18’’ and inserting 

‘‘under chapter 110 or 117 of title 18 or under section 

1591 of that title’’. 

(5) Section 1107a(a) is amended—

(A) by redesignating subparagraphs (A) and (B) as 

paragraphs (1) and (2), respectively; and 

(B) in paragraph (2), as so redesignated, by striking 

‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’. 

(6) Section 1217(a) is amended by striking ‘‘the date of’’ 

and all that follows and inserting ‘‘October 28, 2004.’’. 

(7) Section 1406(i)(3)(B)(vi) is amended by striking ‘‘Advisor 

for’’ and inserting ‘‘Advisor to’’. 

(8) Section 1448(d)(6)(A) is amended by striking the second 

comma after ‘‘November 23, 2003’’. 

(9) Section 2006(b)(1) is amended—

(A) by inserting ‘‘of this title’’ after ‘‘and 1607’’; and 

(B) by striking ‘‘of this title’’ before the period at the 

end. 

(10) Section 2103a(b) is amended in the subsection heading 

by striking ‘‘ELIGIBILTY’’ and inserting ‘‘ELIGIBILITY’’. 

(11) Section 2105 is amended by adding a period at the 

end of the last sentence. 
H. R. 5122—317

(12) The item relating to section 2152 in the table of 

sections at the beginning of chapter 107 is amended to read 

as follows:

‘‘2152. Joint professional military education: general requirements.’’.

(13) The heading for section 2155, and the item relating 

to that section in the table of sections at the beginning of 

chapter 107, are amended by capitalizing the first letter of 

the fifth word. 

(14) Section 2155(a) is amended in the subsection heading 

by inserting ‘‘PHASE’’ after ‘‘EDUCATION’’. 

(15) Section 2157 is amended by striking ‘‘phase II’’ in 

paragraph (1) and inserting ‘‘Phase II’’. 

(16) Section 2216(b)(1) is amended by striking ‘‘subsections’’ 

and inserting ‘‘subsection’’. 

(17) The heading for section 2440 is amended so that 

the first letter of each word after the first is lower case. 

(18) The item relating to section 2481 in the table of 

sections at the beginning of subchapter I of chapter 147 is 

amended by adding a period at the end. 

(19)(A) The second section 2613 (added by section 1051(a) 

of Public Law 108–375 (118 Stat. 2053)) is redesignated as 

section 2614 and is amended by redesignating the second subsection (c) as subsection (d). 

(B) The item relating to such section in the table of sections 

at the beginning of chapter 155 is revised to reflect the 

redesignation of such section by subparagraph (A). 

(20) Section 2613(b) is amended by striking ‘‘In the’’ and 

inserting ‘‘In this’’. 

(21) Section 2692(b)(9) is amended by striking ‘‘materiel’’ 

and inserting ‘‘material’’. 

(22) Section 2694a(c) is amended in the subsection heading 

by striking ‘‘REVISIONARY’’ and inserting ‘‘REVERSIONARY’’. 

(23) Section 2703(h) is amended by striking ‘‘subsection’’ 

in the first sentence and inserting ‘‘section’’. 

(24) Section 2722(c)(2) is amended by striking ‘‘section 921’’ 

and inserting ‘‘section 921(a)’’. 

(25) Section 2784a(a)(2) is amended by striking ‘‘care’’ and 

inserting ‘‘card’’. 

(26) Section 2831(f)(2) is amended by striking 

‘‘enviromental’’ and inserting ‘‘environmental’’. 

(27) Section 3911(b) is amended—

(A) in paragraph (1), by striking the second comma 

after ‘‘paragraph (2)’’; and 

(B) in paragraph (2), by striking ‘‘the date of the enactment of the National Defense Authorization Act for Fiscal 

Year 2006’’ and inserting ‘‘January 6, 2006,’’. 

(28) Section 4342(a)(9) is amended by striking ‘‘cadet’’ and 

inserting ‘‘cadets’’. 

(29) Section 4544(d) is amended in the subsection heading 

by striking ‘‘ARANGEMENT’’ and inserting ‘‘ARRANGEMENT’’. 

(30) Section 4687(c) is amended by striking ‘‘section 

921(10)’’ and inserting ‘‘section 921(a)(10)’’. 

(31) The item relating to section 6086 in the table of 

sections at the beginning of chapter 557 is amended by striking 

the semicolon and inserting a colon. 
H. R. 5122—318

(32) The table of sections at the beginning of chapter 561 

is amended—

(A) in the item relating to section 6154, by striking 

the semicolon and inserting a colon; and 

(B) by striking the item relating to section 6161 and 

inserting the following:

‘‘6161. Settlement of accounts: remission or cancellation of indebtedness of members.’’.

(33) Section 6323(a)(2) is amended—

(A) in subparagraph (A), by striking the second comma 

after ‘‘subparagraph (B)’’; and 

(B) in subparagraph (B), by striking ‘‘the date of the 

enactment of the National Defense Authorization Act for 

Fiscal Year 2006’’ and inserting ‘‘January 6, 2006,’’. 

(34) The item relating to section 6965 in the table of 

sections at the beginning of chapter 603 is amended by striking 

the semicolon and inserting a colon. 

(35) The item relating to section 7081 in the table of 

sections at the beginning of chapter 607 is amended by striking 

the first semicolon and inserting a colon. 

(36) Section 7306b(b)(1) is amended by striking ‘‘section 

2(14)’’ and inserting ‘‘section 3(14)’’. 

(37) Section 8911(b) is amended—

(A) in paragraph (1), by striking the second comma 

after ‘‘paragraph (2)’’; and 

(B) in paragraph (2), by striking ‘‘the date of the enactment of the National Defense Authorization Act for Fiscal 

Year 2006’’ and inserting ‘‘January 6, 2006,’’. 

(38) Section 9342(a)(9) is amended by striking ‘‘cadet’’ and 

inserting ‘‘cadets’’. 

(39) Section 9355(c)(1) is amended by striking ‘‘board’’ and 

inserting ‘‘Board’’. 

(40) Section 12731(a)(3) is amended by striking ‘‘before 

the end of the 180-day period beginning on the date of the 

enactment of the National Defense Authorization Act for Fiscal 

Year 2005’’ and inserting ‘‘before April 25, 2005’’. 

(41) Section 12741 is amended by striking ‘‘under subsection (b)’’ in subsections (c) and (d) and inserting ‘‘under 

subsection (a)’’. 

(42) Section 18233(f)(2) is amended by striking the comma 

after ‘‘purchase’’. 

(b) TITLE 32, UNITED STATES CODE.—Title 32, United States 

Code, is amended as follows: 

(1) Section 902 is amended by striking ‘‘(a)’’ before ‘‘The 

Secretary’’. 

(2) Section 908(b)(1) is amended by striking ‘‘subsection 

(i)’’ and inserting ‘‘subsection (i)(13)’’. 

(c) TITLE 37, UNITED STATES CODE.—Title 37, United States 

Code, is amended as follows: 

(1) Section 210(c)(6) is amended by striking ‘‘Advisor for’’ 

and inserting ‘‘Advisor to’’. 

(2) Section 301(f)(2)(C) is amended by striking the comma 

after ‘‘the term’’. 

(3) Section 308g(f) is amended by striking the second period 

at the end. 
H. R. 5122—319

(4) Section 308j is amended by striking subsection (g) and 

inserting the following new subsection: 

‘‘(g) REPAYMENT.—A person who enters into an agreement 

under this section and receives all or part of the bonus under 

the agreement, but who does not accept a commission or an appointment as an officer or does not commence to participate or does 

not satisfactorily participate in the Selected Reserve for the total 

period of service specified in the agreement, shall be subject to 

the repayment provisions of section 303a(e) of this title.’’. 

(5) The table of sections at the beginning of chapter 7 

is amended—

(A) by striking the item relating to section 407 and 

inserting the following:

‘‘407. Travel and transportation allowances: dislocation allowance.’’; and

(B) by striking the item relating to section 425 and 

inserting the following:

‘‘425. United States Navy Band; United States Marine Corps Band: allowances 

while on concert tour.’’.

(6) Section 402a(b)(3)(B) is amended by striking ‘‘section 

310 of this section’’ and inserting ‘‘section 310 of this title’’. 

(7) Section 414(c) is amended by striking ‘‘, or the Senior 

Enlisted Advisor for the Chairman of the Joint Chiefs of Staff’’ 

before the period at the end. 

(8) The heading of section 1010 is amended to read as 

follows: 

‘‘§ 1010. Commissioned officers: promotions; effective date for 

pay and allowances’’. 

(d) PUBLIC LAW 109–272.—Effective as of August 14, 2006, 

and as if included therein as enacted, section 2(a) of Public Law 

109–272 (120 Stat. 770; 16 U.S.C. 431 note) is amended by striking 

‘‘division E’’ and inserting ‘‘division J’’. 

(e) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2006.—Effective as of January 6, 2006, and as if included therein 

as enacted, the National Defense Authorization Act for Fiscal Year 

2006 (Public Law 109–163) is amended as follows: 

(1) Section 341(e) (119 Stat. 3199) is amended by striking 

‘‘(a)(1)(E)’’ and inserting ‘‘(a)(1)(F)’’. 

(2) Section 545(b) (119 Stat. 3254) is amended by striking 

‘‘title’’. 

(3) Section 606(a) (119 Stat. 3287; 37 U.S.C. 211 note) 

is amended by striking ‘‘title 10’’ and inserting ‘‘title 37’’. 

(4) Section 608(b) (119 Stat. 3289) is amended—

(A) in paragraph (1), by striking ‘‘the first sentence’’ 

and inserting ‘‘the second sentence’’; and 

(B) in paragraph (2), by striking ‘‘the second sentence’’ 

and inserting ‘‘the third sentence’’. 

(5) Section 685(a) (119 Stat. 3325) is amended by striking 

‘‘Advisor for’’ both places it appears and inserting ‘‘Advisor 

to’’. 

(6) Section 687(a)(2) (119 Stat. 3327) is amended by striking 

‘‘subsection (a)’’ and inserting ‘‘subsection (e)’’. 

(7) Section 687(b)(15) (119 Stat. 3330) is amended—

(A) by striking ‘‘Subsection (d)’’ and inserting ‘‘Subsection (e)’’; and 
H. R. 5122—320

(B) in the matter inserted by that section, by striking 

‘‘(d) REPAYMENT.—’’ and inserting ‘‘(e) REPAYMENT.—’’. 

(8) Section 740(c) (119 Stat. 3359; 10 U.S.C. 1073 note) 

is amended by inserting ‘‘include’’ after ‘‘shall’’. 

(f) RECONCILIATION OF DUPLICATE ENACTMENTS.—

(1) In executing to section 2554 of title 10, United States 

Code, the identical amendments made by section 8126(c)(2) 

of Public Law 109–148 (119 Stat. 2729) and section 1058(c) 

of Public Law 109–163 (119 Stat. 3443), such amendments 

shall be executed so as to appear only once in the law as 

amended. 

(2) In executing to section 109 of the Housing and Community Development Act of 1974 the identical amendments made 

by section 8126(d) of Public Law 109–148 (119 Stat. 2730) 

and section 1058(d) of Public Law 109–163 (119 Stat. 3443), 

such amendments shall be executed so as to appear only once 

in the law as amended. 

(3) Section 8126 of Public Law 109–148 (119 Stat. 2728) 

is repealed. 

(g) RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2005.—Effective as of October 28, 2004, 

and as if included therein as enacted, the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005 (Public 

Law 108–375) is amended as follows: 

(1) Section 416 is amended—

(A) in subsection (a)(1) (118 Stat. 1866), by inserting 

‘‘the second place it appears’’ before the semicolon at the 

end; and 

(B) in subsection (g)(1) (118 Stat. 1868), by inserting 

open quotation marks before ‘‘(1) Reserve’’. 

(2) Subsections (a)(2), (b)(2), and (c)(2) of section 544 (118 

Stat. 1906) are amended by striking ‘‘such title’’ and inserting 

‘‘such chapter’’. 

(3) Section 554(1) (118 Stat. 1913) is amended by inserting 

‘‘of’’ in the quoted matter after ‘‘a period’’. 

(4) Section 593(a) (118 Stat. 1934; 10 U.S.C. 503 note) 

is amended in the subsection heading by striking ‘‘SCREEING’’ 

and inserting ‘‘SCREENING’’. 

(5) Section 645 (118 Stat. 1962; 10 U.S.C. 1448 note) is 

amended by redesignating the last subsection (relating to definitions) as subsection (j). 

(6) Section 651(a)(5)(C) (118 Stat. 1966) is amended by 

striking ‘‘subsection (f)’’ and inserting ‘‘subsection (e)’’. 

(7) Section 726(b)(1) (118 Stat. 1992) is amended by striking 

‘‘(1)’’ in the second quoted matter. 

(8) Section 731 (118 Stat. 1993; 10 U.S.C. 1074 note) is 

amended by striking ‘‘this title’’ each place it appears in subsections (a), (b)(3)(C), and (c)(1)(A) and inserting ‘‘this subtitle’’. 

(9) Section 733(b)(2) (118 Stat. 1998; 10 U.S.C. 1074f note) 

is amended by striking ‘‘section 1301’’ and inserting ‘‘section 

731(b)’’. 

(10) Section 801(b)(2)(A) (118 Stat. 2004) is amended—

(A) by striking ‘‘(7), (8), and (9)’’ and inserting ‘‘(7) 

and (8)’’; and 

(B) by striking ‘‘(8), (9), and (10)’’ and inserting ‘‘(8) 

and (9)’’. 
H. R. 5122—321

(11) Section 818(b) (118 Stat. 2016) is amended by inserting 

‘‘of subsection (b)’’ after ‘‘Paragraph (3)’’. 

(12) Section 1103(a)(1) (118 Stat. 2072) is amended by 

inserting ‘‘basic’’ after ‘‘rates of’’ in the first quoted matter. 

(13) Section 1203(e)(2)(B) (118 Stat. 2079) is amended by 

inserting ‘‘office’’ after ‘‘and field’’ in the first quoted matter. 

(h) BOB STUMP NATIONAL DEFENSE AUTHORIZATION ACT FOR

FISCAL YEAR 2003.—Section 806(d) of the Bob Stump National 

Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 

note) is amended in the subsection heading by striking ‘‘STATUES’’ 

and inserting ‘‘STATUTES’’. 

(i) COORDINATION WITH OTHER AMENDMENTS.—For purposes 

of applying amendments made by provisions of this Act other than 

provisions of this section, this section shall be treated as having 

been enacted immediately before the other provisions of this Act. 

SEC. 1072. REVISION TO AUTHORITIES RELATING TO COMMISSION ON 

THE IMPLEMENTATION OF THE NEW STRATEGIC POSTURE OF THE UNITED STATES. 

Section 1051 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3431) is amended—

(1) in subsection (c)(1), by striking ‘‘June 30, 2007’’ and 

inserting ‘‘September 30, 2007’’; and 

(2) in subsection (f), by striking ‘‘July 30, 2007’’ and 

inserting ‘‘November 30, 2007’’. 

SEC. 1073. REVISED DEADLINE FOR SUBMISSION OF FINAL REPORT 

OF EMP COMMISSION. 

Section 1403(a) of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–346), as amended by section 

1052(f) of the National Defense Authorization Act for Fiscal Year 

2006 (Public Law 109–163; 119 Stat. 3434), is amended by striking 

‘‘June 30, 2007’’ and inserting ‘‘September 30, 2007’’. 

SEC. 1074. EXTENSION OF RETURNING WORKER EXEMPTION TO H–

2B NUMERICAL LIMITATION. 

(a) IN GENERAL.—Section 214(g)(9) of the Immigration and 

Nationality Act (8 U.S.C. 1184(g)(9)) is amended—

(1) by amending the first sentence of subparagraph (A) 

to read as follows: ‘‘Subject to subparagraphs (B) and (C), 

an alien who has already been counted toward the numerical 

limitation of paragraph (1)(B) during fiscal year 2004, 2005, 

or 2006 shall not again be counted toward such limitation 

during fiscal year 2007.’’; and 

(2) in subparagraph (B), by striking ‘‘referred to in subparagraph (A)’’ and inserting ‘‘to admit or otherwise provide status 

under section 101(a)(15)(H)(ii)(b)’’. 

(b) DELETION OF PRIOR SUNSET PROVISION.—Section 402(b)(1) 

of the Save Our Small and Seasonal Businesses Act of 2005 (title 

IV of division B of Public Law 109–13; 119 Stat. 318; 8 U.S.C. 

1184 note) is amended by striking ‘‘2004,’’ and all that follows 

through the period at the end and inserting ‘‘2004.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2006. If this section is enacted 

after October 1, 2006, the amendments made by this section shall 

take effect as if enacted on such date. 
H. R. 5122—322

SEC. 1075. PATENT TERM EXTENSIONS FOR THE BADGES OF THE 

AMERICAN LEGION, THE AMERICAN LEGION WOMEN’S 

AUXILIARY, AND THE SONS OF THE AMERICAN LEGION. 

(a) PATENT TERM EXTENSION FOR THE BADGE OF THE AMERICAN

LEGION.—The term of the design patent numbered 54,296 (for the 

badge of the American Legion) is renewed and extended for a 

period of 14 years beginning on the date of enactment of this 

Act, with all the rights and privileges pertaining to such patent. 

(b) PATENT TERM EXTENSION FOR THE BADGE OF THE AMERICAN

LEGION WOMEN’S AUXILIARY.—The term of the design patent numbered 55,398 (for the badge of the American Legion Women’s Auxiliary) is renewed and extended for a period of 14 years beginning 

on the date of enactment of this Act, with all the rights and 

privileges pertaining to such patent. 

(c) PATENT TERM EXTENSION FOR THE BADGE OF THE SONS

OF THE AMERICAN LEGION.—The term of the design patent numbered 92,187 (for the badge of the Sons of the American Legion) 

is renewed and extended for a period of 14 years beginning on 

the date of enactment of this Act, with all the rights and privileges 

pertaining to such patent. 

SEC. 1076. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMERGENCIES. 

(a) USE OF THE ARMED FORCES AUTHORIZED.—

(1) IN GENERAL.—Section 333 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 333. Major public emergencies; interference with State and 

Federal law 

‘‘(a) USE OF ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.—

(1) The President may employ the armed forces, including the 

National Guard in Federal service, to—

‘‘(A) restore public order and enforce the laws of the United 

States when, as a result of a natural disaster, epidemic, or 

other serious public health emergency, terrorist attack or 

incident, or other condition in any State or possession of the 

United States, the President determines that—

‘‘(i) domestic violence has occurred to such an extent 

that the constituted authorities of the State or possession 

are incapable of maintaining public order; and 

‘‘(ii) such violence results in a condition described in 

paragraph (2); or 

‘‘(B) suppress, in a State, any insurrection, domestic 

violence, unlawful combination, or conspiracy if such insurrection, violation, combination, or conspiracy results in a condition 

described in paragraph (2). 

‘‘(2) A condition described in this paragraph is a condition 

that—

‘‘(A) so hinders the execution of the laws of a State or 

possession, as applicable, and of the United States within that 

State or possession, that any part or class of its people is 

deprived of a right, privilege, immunity, or protection named 

in the Constitution and secured by law, and the constituted 

authorities of that State or possession are unable, fail, or refuse 

to protect that right, privilege, or immunity, or to give that 

protection; or 
H. R. 5122—323

‘‘(B) opposes or obstructs the execution of the laws of the 

United States or impedes the course of justice under those 

laws. 

‘‘(3) In any situation covered by paragraph (1)(B), the State 

shall be considered to have denied the equal protection of the 

laws secured by the Constitution. 

‘‘(b) NOTICE TO CONGRESS.—The President shall notify Congress 

of the determination to exercise the authority in subsection (a)(1)(A) 

as soon as practicable after the determination and every 14 days 

thereafter during the duration of the exercise of that authority.’’. 

(2) PROCLAMATION TO DISPERSE.—Section 334 of such title 

is amended by inserting ‘‘or those obstructing the enforcement 

of the laws’’ after ‘‘insurgents’’. 

(3) HEADING AMENDMENT.—The heading of chapter 15 of 

such title is amended to read as follows: 

‘‘CHAPTER 15—ENFORCEMENT OF THE LAWS TO 

RESTORE PUBLIC ORDER’’. 

(4) CLERICAL AMENDMENTS.—(A) The tables of chapters 

at the beginning of subtitle A of title 10, United States Code, 

and at the beginning of part I of such subtitle, are each 

amended by striking the item relating to chapter 15 and 

inserting the following new item:

‘‘15 Enforcement of the Laws to Restore Public Order ....................................... 331’’.

(B) The table of sections at the beginning of chapter 15 

of such title is amended by striking the item relating to sections 

333 and inserting the following new item:

‘‘333. Major public emergencies; interference with State and Federal law.’’.

(b) PROVISION OF SUPPLIES, SERVICES, AND EQUIPMENT.—

(1) IN GENERAL.—Chapter 152 of such title is amended 

by adding at the end the following new section: 

‘‘§ 2567. Supplies, services, and equipment: provision in major 

public emergencies 

‘‘(a) PROVISION AUTHORIZED.—In any situation in which the 

President determines to exercise the authority in section 

333(a)(1)(A) of this title, the President may direct the Secretary 

of Defense to provide supplies, services, and equipment to persons 

affected by the situation. 

‘‘(b) COVERED SUPPLIES, SERVICES, AND EQUIPMENT.—The supplies, services, and equipment provided under this section may 

include food, water, utilities, bedding, transportation, tentage, 

search and rescue, medical care, minor repairs, the removal of 

debris, and other assistance necessary for the immediate preservation of life and property. 

‘‘(c) LIMITATIONS.—(1) Supplies, services, and equipment may 

be provided under this section—

‘‘(A) only to the extent that the constituted authorities 

of the State or possession concerned are unable to provide 

such supplies, services, and equipment, as the case may be; 

and 

‘‘(B) only until such authorities, or other departments or 

agencies of the United States charged with the provision of 

such supplies, services, and equipment, are able to provide 

such supplies, services, and equipment. 
H. R. 5122—324

‘‘(2) The Secretary may provide supplies, services, and equipment under this section only to the extent that the Secretary 

determines that doing so will not interfere with military preparedness or ongoing military operations or functions. 

‘‘(d) INAPPLICABILITY OF CERTAIN AUTHORITIES.—The provision 

of supplies, services, or equipment under this section shall not 

be subject to the provisions of section 403(c) of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5170b(c)).’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item:

‘‘2567. Supplies, services, and equipment: provision in major public emergencies’’.

(c) CONFORMING AMENDMENT.—Section 12304(c)(1) of such title 

is amended by striking ‘‘No unit’’ and all that follows through 

‘‘subsection (b),’’ and inserting ‘‘Except to perform any of the functions authorized by chapter 15 or section 12406 of this title or 

by subsection (b), no unit or member of a reserve component may 

be ordered to active duty under this section’’. 

SEC. 1077. INCREASED HUNTING AND FISHING OPPORTUNITIES FOR 

MEMBERS OF THE ARMED FORCES, RETIRED MEMBERS, 

AND DISABLED VETERANS. 

(a) ACCESS FOR MEMBERS, RETIRED MEMBERS, AND DISABLED

VETERANS.—Consistent with section 2671 of title 10, United States 

Code, and using such funds as are made available for this purpose, 

the Secretary of Defense shall ensure that members of the Armed 

Forces, retired members, disabled veterans, and persons assisting 

disabled veterans are able to utilize lands under the jurisdiction 

of the Department of Defense that are available for hunting or 

fishing. 

(b) ASSESSMENT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary shall submit to Congress 

a report containing the results of an assessment of those lands 

under the jurisdiction of the Department of Defense and suitable 

for hunting or fishing and describing the actions necessary—

(1) to further increase the acreage made available to members of the Armed Forces, retired members, disabled veterans, 

and persons assisting disabled veterans for hunting and fishing; 

and 

(2) to make that acreage more accessible to disabled veterans. 

(c) RECREATIONAL ACTIVITIES ON SANTA ROSA ISLAND.—The 

Secretary of the Interior shall immediately cease the plan, approved 

in the settlement agreement for case number 96–7412 WJR and 

case number 97–4098 WJR, to exterminate the deer and elk on 

Santa Rosa Island, Channel Islands, California, by helicopter and 

shall not exterminate or nearly exterminate the deer and elk. 

TITLE XI—CIVILIAN PERSONNEL 

MATTERS

Sec. 1101. Accrual of annual leave for members of the uniformed services performing dual employment. Sec. 1102. Strategy for improving the senior management, functional, and technical 

workforce of the Department of Defense. 
H. R. 5122—325

Sec. 1103. Three-year extension of authority for experimental personnel management program for scientific and technical personnel. 

Sec. 1104. Reports on members of the Armed Forces and civilian employees of the 

Department of Defense serving in the legislative branch. 

Sec. 1105. Extension of authority to waive annual limitation on total compensation 

paid to Federal civilian employees.

SEC. 1101. ACCRUAL OF ANNUAL LEAVE FOR MEMBERS OF THE UNIFORMED SERVICES PERFORMING DUAL EMPLOYMENT. 

Section 5534a of title 5, United States Code, is amended by 

adding at the end the following new sentence: ‘‘Such a member 

also is entitled to accrue annual leave with pay in the manner 

specified in section 6303(a) of this title for a retired member of 

a uniformed service.’’. 

SEC. 1102. STRATEGY FOR IMPROVING THE SENIOR MANAGEMENT, 

FUNCTIONAL, AND TECHNICAL WORKFORCE OF THE 

DEPARTMENT OF DEFENSE. 

(a) INCLUSION IN 2007 STRATEGIC HUMAN CAPITAL PLAN.—

The Secretary of Defense shall include in the March 1, 2007, strategic human capital plan required by section 1122(c) of the National 

Defense Authorization Act for Fiscal Year 2006 (Public Law 109–

163; 119 Stat. 3453; 10 U.S.C. prec. 1580 note) a strategic plan 

to shape and improve the senior management, functional, and technical workforce (including scientists and engineers) of the Department of Defense. 

(b) SCOPE OF PLAN.—The strategic plan required by subsection 

(a) shall cover, at a minimum, the following categories of Department of Defense civilian personnel: 

(1) Appointees in the Senior Executive Service under section 3131 of title 5, United States Code. 

(2) Persons serving in positions described in section 5376(a) 

of title 5, United States Code. 

(3) Highly qualified experts appointed pursuant to section 

9903 of title 5, United States Code. 

(4) Scientists and engineers appointed pursuant to section 

342(b) of the National Defense Authorization Act for Fiscal 

Year 1995 (Public Law 103–337; 108 Stat. 2721), as amended 

by section 1114 of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law 

by Public Law 106–398 (114 Stat. 1654A–315)). 

(5) Scientists and engineers appointed pursuant to section 

1101 of the Strom Thurmond National Defense Authorization 

Act for Fiscal Year 1999 (5 U.S.C. 3104 note). 

(6) Persons serving in the Defense Intelligence Senior 

Executive Service under section 1606 of title 10, United States 

Code. 

(7) Persons serving in Intelligence Senior Level positions 

under section 1607 of title 10, United States Code. 

(c) CONTENTS OF PLAN.—The strategic plan required by subsection (a) shall include—

(1) an assessment of—

(A) the needs of the Department of Defense for senior 

management, functional, and technical personnel (including 

scientists and engineers) in light of recent trends and projected changes in the mission and organization of the 

Department and in light of staff support needed to accomplish that mission; 
H. R. 5122—326

(B) the capability of the existing civilian employee 

workforce of the Department to meet requirements relating 

to the mission of the Department, including the impact 

on that capability of projected trends in the senior management, functional, and technical personnel workforce of the 

Department based on expected losses due to retirement 

and other attrition; and 

(C) gaps in the existing or projected civilian employee 

workforce of the Department that should be addressed 

to ensure that the Department has continued access to 

the senior management, functional, and technical personnel 

(including scientists and engineers) it needs; and 

(2) a plan of action for developing and reshaping the senior 

management, functional, and technical workforce of the Department to address the gaps identified under paragraph (1)(C), 

including—

(A) any legislative or administrative action that may 

be needed to adjust the requirements applicable to any 

category of civilian personnel identified in subsection (b) 

or to establish a new category of senior management or 

technical personnel; 

(B) any changes in the number of personnel authorized 

in any category of personnel identified in subsection (b) 

that may be needed to address such gaps and effectively 

meet the needs of the Department; 

(C) any changes in the rates or methods of pay for 

any category of personnel identified in subsection (b) that 

may be needed to address inequities and ensure that the 

Department has full access to appropriately qualified personnel to address such gaps and meet the needs of the 

Department; 

(D) specific recruiting and retention goals, including 

the program objectives of the Department to be achieved 

through such goals; 

(E) specific strategies for developing, training, 

deploying, compensating, motivating, and designing career 

paths and career opportunities for the senior management, 

functional, and technical workforce of the Department, 

including the program objectives of the Department to be 

achieved through such strategies; and 

(F) specific steps that the Department has taken or 

plans to take to ensure that the senior management, functional, and technical workforce of the Department is managed in compliance with the requirements of section 129 

of title 10, United States Code. 

SEC. 1103. THREE-YEAR EXTENSION OF AUTHORITY FOR EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR SCIENTIFIC AND TECHNICAL PERSONNEL. 

Section 1101(e)(1) of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is 

amended by striking ‘‘September 30, 2008’’ and inserting ‘‘September 30, 2011’’. 
H. R. 5122—327

SEC. 1104. REPORTS ON MEMBERS OF THE ARMED FORCES AND 

CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE 

SERVING IN THE LEGISLATIVE BRANCH. 

(a) QUARTERLY REPORTS ON DETAILS AND FELLOWSHIPS OF LONG

DURATION.—Not later than 120 days after the date of the enactment 

of this Act, and quarterly thereafter, the Secretary of Defense 

shall submit to the congressional defense committees a report on 

the members of the Armed Forces and civilian employees of the 

Department of Defense who, as of the date of such report, have 

served continuously in the Legislative Branch for more than 12 

consecutive months in one or a combination of covered legislative 

details or fellowships. 

(b) REPORTS ON CERTAIN MILITARY DETAILS AND FELLOWSHIPS.—If a member of the Armed Forces is assigned to a covered 

legislative detail or fellowship as the last tour of duty of such 

member before retirement or separation from the Armed Forces 

in contravention of the regulations of the Department of Defense, 

the Secretary shall submit to the congressional defense committees 

a report on the assignment of such member to such covered legislative detail or fellowship. The report shall include a rationale for 

the waiver of the regulations of the Department in order to permit 

the detail or fellowship. 

(c) REPORT ELEMENTS.—Each report under subsection (a) or 

(b) shall set forth, for each member of the Armed Forces or civilian 

employee of the Department of Defense covered by such report, 

the following: 

(1) The name of such member or employee. 

(2) In the case of a member, the Armed Force of such 

member. 

(3) The committee or member of Congress to which such 

member or employee is detailed or assigned. 

(4) A general description of the projects or tasks undertaken 

or to be undertaken, as applicable, by such member or employee 

as a detailee, fellow, or both. 

(5) The anticipated termination date of the current detail 

or fellowship of such member or employee. 

(d) COVERED LEGISLATIVE DETAIL OR FELLOWSHIP DEFINED.—

In this section, the term ‘‘covered legislative detail or fellowship’’ 

means the following: 

(1) A detail under the provisions of Department of Defense 

Directive 1000.17. 

(2) A legislative fellowship (including a legislative fellowship under the provisions of Department of Defense Directive 

1322.6). 

SEC. 1105. EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION 

ON TOTAL COMPENSATION PAID TO FEDERAL CIVILIAN 

EMPLOYEES. 

Section 1105 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3450) is amended—

(1) in subsection (a), by inserting ‘‘and 2007’’ after ‘‘2006’’; 

and 

(2) in subsection (b)—

(A) by striking ‘‘$200,000’’ in the heading; and 

(B) by striking ‘‘a calendar year’’ and inserting ‘‘2006 

and $212,100 in 2007’’. 
H. R. 5122—328

TITLE XII—MATTERS RELATING TO 

FOREIGN NATIONS

Subtitle A—Assistance and Training 

Sec. 1201. Logistic support for allied forces participating in combined operations. 

Sec. 1202. Temporary authority to use acquisition and cross-servicing agreements 

to lend certain military equipment to foreign forces in Iraq and Afghanistan for personnel protection and survivability. 

Sec. 1203. Recodification and revision to law relating to Department of Defense humanitarian demining assistance. 

Sec. 1204. Enhancements to Regional Defense Combating Terrorism Fellowship 

Program. 

Sec. 1205. Participation of the Department of Defense in multinational military 

centers of excellence. 

Sec. 1206. Modification and extension of authorities relating to program to build 

the capacity of foreign military forces. 

Sec. 1207. Authority for distribution to certain foreign personnel of education and 

training materials and information technology to enhance military interoperability. 

Subtitle B—Nonproliferation Matters and Countries of Concern 

Sec. 1211. North Korea. 

Sec. 1212. Report on participation of multinational partners in the United Nations 

Command in the Republic of Korea. 

Sec. 1213. Intelligence on Iran. 

Sec. 1214. Sense of Congress on United States policy on the nuclear programs of 

Iran. 

Subtitle C—Other Matters 

Sec. 1221. Exclusion of petroleum, oil, and lubricants from limitations on annual 

amount of liabilities the United States may accrue under acquisition 

and cross-servicing agreements. 

Sec. 1222. Modification of limitations on assistance under the American 

Servicemembers’ Protection Act of 2002. 

Sec. 1223. Humanitarian support for Iraqi children in urgent need of medical care. 

Sec. 1224. Sense of Congress opposing the granting of amnesty by the government 

of Iraq to persons known to have attacked, killed, or wounded members 

of the United States Armed Forces in Iraq. 

Sec. 1225. Annual reports on United States contributions to the United Nations. 

Sec. 1226. Comprehensive regional strategy and annual reports on Somalia. 

Sec. 1227. Report on the implementation of the Darfur Peace Agreement. 

Sec. 1228. Sense of Congress concerning cooperation with Russia on issues pertaining to missile defense. 

Sec. 1229. Sense of Congress calling for convening of a summit for a comprehensive 

political agreement for Iraq. 

Sec. 1230. Sense of Congress on the commendable actions of the Armed Forces in 

Iraq. 

Sec. 1231. Annual report on foreign sales of significant military equipment manufactured in the United States.

Subtitle A—Assistance and Training 

SEC. 1201. LOGISTIC SUPPORT FOR ALLIED FORCES PARTICIPATING 

IN COMBINED OPERATIONS. 

(a) AUTHORITY.—Chapter 3 of title 10, United States Code, 

is amended by inserting after section 127b the following new section: 

‘‘§ 127c. Allied forces participating in combined operations: 

authority to provide logistic support, supplies, 

and services 

‘‘(a) AUTHORITY.—Subject to subsections (b) and (c), the Secretary of Defense may provide logistic support, supplies, and services to allied forces participating in a combined operation with 
H. R. 5122—329

the armed forces. Provision of such support, supplies, and services 

to the forces of an allied nation may be made only with the concurrence of the Secretary of State. 

‘‘(b) LIMITATIONS.—(1) The authority provided by subsection 

(a) may be used only in accordance with the Arms Export Control 

Act and other export control laws of the United States. 

‘‘(2) The authority provided by subsection (a) may be used 

only for a combined operation—

‘‘(A) that is carried out during active hostilities or as part 

of a contingency operation or a noncombat operation (including 

an operation in support of the provision of humanitarian or 

foreign disaster assistance, a country stabilization operation, 

or a peacekeeping operation under chapter VI or VII of the 

Charter of the United Nations); and 

‘‘(B) in a case in which the Secretary of Defense determines 

that the allied forces to be provided logistic support, supplies, 

and services—

‘‘(i) are essential to the success of the combined operation; and 

‘‘(ii) would not be able to participate in the combined 

operation but for the provision of such logistic support, 

supplies, and services by the Secretary. 

‘‘(c) LIMITATIONS ON VALUE.—(1) Except as provided in paragraph (2), the value of logistic support, supplies, and services provided under this section in any fiscal year may not exceed 

$100,000,000. 

‘‘(2) In addition to any logistic support, supplies, and services 

provided under subsection (a) that are covered by paragraph (1), 

the value of logistic support, supplies, and services provided under 

this section solely for the purposes of enhancing the interoperability 

of the logistical support systems of military forces participating 

in combined operation of the United States in order to facilitate 

such operations may not, in any fiscal year, exceed $5,000,000. 

‘‘(d) ANNUAL REPORT.—(1) Not later than December 31 each 

year, the Secretary of Defense shall submit to the Committee on 

Armed Services and the Committee on Foreign Relations of the 

Senate and the Committee on Armed Services and the Committee 

on International Relations of the House of Representatives a report 

on the use of the authority provided by subsection (a) during the 

preceding fiscal year. 

‘‘(2) Each report under paragraph (1) shall be prepared in 

coordination with the Secretary of State. 

‘‘(3) Each report under paragraph (1) shall include, for the 

fiscal year covered by the report, the following: 

‘‘(A) Each nation provided logistic support, supplies, and 

services through the use of the authority provided by subsection 

(a). 

‘‘(B) For each such nation, a description of the type and 

value of logistic support, supplies, and services so provided. 

‘‘(e) DEFINITION.—In this section, the term ‘logistic support, 

supplies, and services’ has the meaning given that term in section 

2350(1) of this title.’’. 
H. R. 5122—330

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 127b the following new item:

‘‘127c. Allied forces participating in combined operations: authority to provide logistic support, supplies, and services.’’.

SEC. 1202. TEMPORARY AUTHORITY TO USE ACQUISITION AND CROSSSERVICING AGREEMENTS TO LEND CERTAIN MILITARY 

EQUIPMENT TO FOREIGN FORCES IN IRAQ AND AFGHANISTAN FOR PERSONNEL PROTECTION AND SURVIVABILITY. 

(a) AUTHORITY.—

(1) IN GENERAL.—Subject to paragraphs (2), (3), and (4), 

the Secretary of Defense may treat covered military equipment 

as logistic support, supplies, and services under subchapter 

I of chapter 138 of title 10, United States Code, for the purpose 

of providing for the use of such equipment by military forces 

of a nation participating in combined operations with the 

United States in Iraq or Afghanistan. 

(2) REQUIRED DETERMINATIONS.—Equipment may be provided to the military forces of a nation under the authority 

of this section only upon—

(A) a determination by the Secretary of Defense that 

the United States forces in the combined operation have 

no unfilled requirements for that equipment; and 

(B) a determination by the Secretary of Defense, with 

the concurrence of the Secretary of State, that it is in 

the national security interest of the United States to provide for the use of such equipment by the military forces 

of that nation under this section. 

(3) LIMITATION ON USE OF EQUIPMENT.—Equipment provided to the military forces of a nation under the authority 

of this section may be used by those forces only in Iraq or 

Afghanistan and only for personnel protection or to aid in 

the personnel survivability of those forces. 

(4) LIMITATION ON DURATION OF PROVISION OF EQUIPMENT.—Equipment provided to the military forces of a nation 

under the authority of this section may be used by the military 

forces of that nation for not longer than one year. 

(b) SEMIANNUAL REPORTS TO CONGRESSIONAL COMMITTEES.—

(1) USE OF AUTHORITY DURING FIRST SIX MONTHS OF FISCAL

YEAR.—If the authority provided in subsection (a) is exercised 

during the first six months of a fiscal year, the Secretary 

of Defense shall submit to the specified congressional committees a report on that exercise of such authority not later than 

the following April 30. 

(2) USE OF AUTHORITY DURING SECOND SIX MONTHS OF

FISCAL YEAR.—If the authority provided in subsection (a) is 

exercised during the second six months of a fiscal year, the 

Secretary of Defense shall submit to the specified congressional 

committees a report on that exercise of such authority not 

later than the following October 30. 

(3) CONTENT.—Each report under paragraph (1) or (2) shall 

include, with respect to each exercise of the authority provided 

in subsection (a) during the period covered by the report, the 

following: 
H. R. 5122—331

(A) A description of the basis for the determination 

of the Secretary of Defense that it is in the national security 

interests of the United States to provide for the use of 

covered military equipment in the manner authorized in 

subsection (a). 

(B) Identification of each foreign force that receives 

such equipment. 

(C) A description of the type, quantity, and value of 

the equipment provided to each foreign force that receives 

such equipment. 

(D) A description of the terms and duration of the 

provision of the equipment to each foreign force that 

receives such equipment. 

(4) COORDINATION.—Each report under paragraph (1) or 

(2) shall be prepared in coordination with the Secretary of 

State. 

(c) LIMITATIONS ON PROVISION OF MILITARY EQUIPMENT.—The 

provision of military equipment under this section is subject to 

the provisions of the Arms Export Control Act (22 U.S.C. 2751 

et seq.) and of any other export control process under laws relating 

to the transfer of military equipment and technology to foreign 

nations. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘covered military equipment’’ means items 

designated as significant military equipment in categories I, 

II, III, VII, XI, and XIII of the United States Munitions List 

under section 38(a)(1) of the Arms Export Control Act (22 

U.S.C. 2778(a)(1)). 

(2) The term ‘‘specified congressional committees’’ means—

(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and 

(B) the Committee on Armed Services and the Committee on International Relations of the House of Representatives. 

(e) EXPIRATION.—The authority to provide military equipment 

to the military forces of a foreign nation under this section expires 

on September 30, 2008. 

SEC. 1203. RECODIFICATION AND REVISION TO LAW RELATING TO 

DEPARTMENT OF DEFENSE HUMANITARIAN DEMINING 

ASSISTANCE. 

(a) REPEAL.—Section 401 of title 10, United States Code, is 

amended—

(1) in subsection (a), by striking paragraph (4); 

(2) in subsection (b)—

(A) by striking ‘‘(1)’’ after ‘‘(b)’’; and 

(B) by striking paragraph (2); 

(3) in subsection (c), by striking paragraphs (2) and (3); 

and 

(4) in subsection (e), by striking paragraph (5). 

(b) RECODIFICATION AND REVISION.—

(1) IN GENERAL.—Chapter 20 of such title is amended by 

adding at the end the following new section: 
H. R. 5122—332

‘‘§ 407. Humanitarian demining assistance: authority; limitations 

‘‘(a) AUTHORITY.—(1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may 

carry out humanitarian demining assistance in a country if the 

Secretary concerned determines that the assistance will promote 

either—

‘‘(A) the security interests of both the United States and 

the country in which the activities are to be carried out; or 

‘‘(B) the specific operational readiness skills of the members 

of the armed forces who participate in the activities. 

‘‘(2) Humanitarian demining assistance under this section shall 

complement, and may not duplicate, any other form of social or 

economic assistance which may be provided to the country concerned 

by any other department or agency of the United States. 

‘‘(3) The Secretary of Defense shall ensure that no member 

of the armed forces, while providing humanitarian demining assistance under this section—

‘‘(A) engages in the physical detection, lifting, or destroying 

of landmines or other explosive remnants of war (unless the 

member does so for the concurrent purpose of supporting a 

United States military operation); or 

‘‘(B) provides such assistance as part of a military operation 

that does not involve the armed forces. 

‘‘(b) LIMITATIONS.—(1) Humanitarian demining assistance may 

not be provided under this section unless the Secretary of State 

specifically approves the provision of such assistance. 

‘‘(2) Any authority provided under any other provision of law 

to provide humanitarian demining assistance to a foreign country 

shall be carried out in accordance with, and subject to, the limitations prescribed in this section. 

‘‘(c) EXPENSES.—(1) Expenses incurred as a direct result of 

providing humanitarian demining assistance under this section to 

a foreign country shall be paid for out of funds specifically appropriated for the purpose of the provision by the Department of 

Defense of overseas humanitarian assistance. 

‘‘(2) Expenses covered by paragraph (1) include the following: 

‘‘(A) Travel, transportation, and subsistence expenses of 

Department of Defense personnel providing such assistance. 

‘‘(B) The cost of any equipment, services, or supplies 

acquired for the purpose of carrying out or supporting humanitarian demining activities, including any nonlethal, individual, 

or small-team equipment or supplies for clearing landmines 

or other explosive remnants of war that are to be transferred 

or otherwise furnished to a foreign country in furtherance of 

the provision of assistance under this section. 

‘‘(3) The cost of equipment, services, and supplies provided 

in any fiscal year under this section may not exceed $10,000,000. 

‘‘(d) ANNUAL REPORT.—The Secretary of Defense shall include 

in the annual report under section 401 of this title a separate 

discussion of activities carried out under this section during the 

preceding fiscal year, including—

‘‘(1) a list of the countries in which humanitarian demining 

assistance was carried out during the preceding fiscal year; 

‘‘(2) the type and description of humanitarian demining 

assistance carried out in each country during the preceding 

fiscal year, as specified in paragraph (1); 
H. R. 5122—333

‘‘(3) a list of countries in which humanitarian demining 

assistance could not be carried out during the preceding fiscal 

year due to insufficient numbers of Department of Defense 

personnel to carry out such activities; and 

‘‘(4) the amount expended in carrying out such assistance 

in each such country during the preceding fiscal year. 

‘‘(e) HUMANITARIAN DEMINING ASSISTANCE DEFINED.—In this 

section, the term ‘humanitarian demining assistance’, as it relates 

to training and support, means detection and clearance of landmines 

and other explosive remnants of war, including activities related 

to the furnishing of education, training, and technical assistance 

with respect to the detection and clearance of landmines and other 

explosive remnants of war.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item:

‘‘407. Humanitarian demining assistance: authority; limitations.’’.

SEC. 1204. ENHANCEMENTS TO REGIONAL DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM. 

(a) AUTHORIZED PURPOSES.—Subsection (a) of section 2249c 

of title 10, United States Code, is amended by striking ‘‘associated 

with’’ and all that follows and inserting: ‘‘associated with the education and training of foreign military officers, ministry of defense 

officials, or security officials at military or civilian educational 

institutions, regional centers, conferences, seminars, or other 

training programs conducted under the Regional Defense Combating Terrorism Fellowship Program. Costs for which payment 

may be made under this section include the costs of transportation 

and travel and subsistence costs.’’. 

(b) ANNUAL LIMITATION ON AMOUNT OBLIGATED.—Subsection 

(b) of such section is amended by striking ‘‘$20,000,000’’ and 

inserting ‘‘$25,000,000’’. 

(c) OBLIGATION OF FUNDS ACROSS FISCAL YEARS.—Subsection 

(b) of such section is further amended by adding at the end the 

following new sentence: ‘‘Amounts available under the authority 

in subsection (a) for a fiscal year may be used for programs that 

begin in such fiscal year but end in the next fiscal year.’’. 

(d) CLERICAL AMENDMENTS.—

(1) REFERENCE TO PROGRAM.—Subsection (c)(3) of such section is amended by striking ‘‘Regional Defense Counterterrorism 

Fellowship Program’’ and inserting ‘‘program referred to in 

subsection (a)’’. 

(2) SECTION HEADING.—The heading of such section is 

amended to read as follows: 
H. R. 5122—334

‘‘§ 2249c. Regional Defense Combating Terrorism Fellowship 

Program: authority to use appropriated funds for 

costs associated with education and training of 

foreign officials’’. 

(3) TABLE OF SECTIONS.—The item relating to such section 

in the table of sections at the beginning of subchapter I of 

chapter 134 of such title is amended to read as follows:

‘‘2249c. Regional Defense Combating Terrorism Fellowship Program: authority to 

use appropriated funds for costs associated with education and training 

of foreign officials.’’.

SEC. 1205. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN 

MULTINATIONAL MILITARY CENTERS OF EXCELLENCE. 

(a) PARTICIPATION AUTHORIZED.—During fiscal year 2007, the 

Secretary of Defense may, with the concurrence of the Secretary 

of State, authorize the participation of members of the Armed 

Forces and Department of Defense civilian personnel in any multinational military center of excellence hosted by any nation or combination of nations referred to in subsection (b) for purposes of—

(1) enhancing the ability of military forces and civilian 

personnel of the nations participating in such center to engage 

in joint exercises or coalition or international military operations; or 

(2) improving interoperability between the Armed Forces 

of the United States and the military forces of friendly foreign 

nations. 

(b) COVERED NATIONS.—The nations referred to in this subsection are the following: 

(1) The United States. 

(2) Any member nation of the North Atlantic Treaty 

Organization (NATO). 

(3) Any major non-NATO ally. 

(4) Any other friendly foreign nation identified by the Secretary of Defense, with the concurrence of the Secretary of 

State, for purposes of this section. 

(c) DEFINITIONS.—In this section: 

(1) MULTINATIONAL MILITARY CENTER OF EXCELLENCE.—

The term ‘‘multinational military center of excellence’’ means 

an entity sponsored by one or more nations that is accredited 

and approved by the Military Committee of the North Atlantic 

Treaty Organization (NATO) as offering recognized expertise 

and experience to personnel participating in the activities of 

such entity for the benefit of NATO by providing such personnel 

opportunities to—

(A) enhance education and training; 

(B) improve interoperability and capabilities; 

(C) assist in the development of doctrine; and 

(D) validate concepts through experimentation. 

(2) MAJOR NON-NATO ALLY.—The term ‘‘major non-NATO 

ally’’ means a country (other than a member nation of the 

North Atlantic Treaty Organization) that is designated as a 

major non-NATO ally pursuant to section 517 of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2321k). 

(d) MEMORANDUM OF UNDERSTANDING.— (1) REQUIREMENT.—The participation of members of the 

Armed Forces or Department of Defense civilian personnel in 

a multinational military center of excellence under subsection 
H. R. 5122—335

(a) shall be in accordance with the terms of one or more memoranda of understanding entered into by the Secretary of 

Defense, with the concurrence of the Secretary of State, and 

the foreign nation or nations concerned. 

(2) SCOPE.—If Department of Defense facilities, equipment, 

or funds are used to support a multinational military center 

of excellence under subsection (a), the memoranda of understanding under paragraph (1) with respect to that center shall 

provide details of any cost-sharing arrangement or other 

funding arrangement. 

(e) AVAILABILITY OF APPROPRIATED FUNDS.—

(1) AVAILABILITY.—Funds appropriated to the Department 

of Defense for operation and maintenance are available as 

follows: 

(A) To pay the United States share of the operating 

expenses of any multinational military center of excellence 

in which the United States participates under this section. 

(B) To pay the costs of the participation of members 

of the Armed Forces and Department of Defense civilian 

personnel in multinational military centers of excellence 

under this section, including the costs of expenses of such 

participants. 

(2) LIMITATION ON AMOUNT.—The amount available under 

paragraph (1)(A) in fiscal year 2007 for the expenses referred 

to in that paragraph may not exceed $3,000,000. 

(3) LIMITATION ON USE OF FUNDS.—No funds may be used 

under this section to fund the pay or salaries of members 

of the Armed Forces and Department of Defense civilian personnel who participate in multinational military centers of 

excellence under this section. 

(f) USE OF DEPARTMENT OF DEFENSE FACILITIES AND EQUIP- MENT.—Facilities and equipment of the Department of Defense 

may be used for purposes of the support of multinational military 

centers of excellence under this section that are hosted by the 

Department. 

(g) REPORT ON USE OF AUTHORITY.— (1) REPORT REQUIRED.—Not later than October 31, 2007, 

the Secretary of Defense shall submit to the Committee on 

Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives a report on the use 

of the authority in this section during fiscal year 2007. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) A detailed description of the participation of the 

Department of Defense, and of members of the Armed 

Forces and civilian personnel of the Department, in multinational military centers of excellence under the authority 

of this section during fiscal year 2007. 

(B) For each multinational military center of excellence 

in which the Department of Defense, or members of the 

Armed Forces or civilian personnel of the Department, 

so participated—

(i) a description of such multinational military 

center of excellence; 

(ii) a description of the activities participated in 

by the Department, or by members of the Armed Forces 

or civilian personnel of the Department; and 
H. R. 5122—336

(iii) a statement of the costs of the Department 

for such participation, including—

(I) a statement of the United States share 

of the expenses of such center and a statement 

of the percentage of the United States share of 

the expenses of such center to the total expenses 

of such center; and 

(II) a statement of the amount of such costs 

(including a separate statement of the amount of 

costs paid for under the authority of this section 

by category of costs). 

SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORITIES 

RELATING TO PROGRAM TO BUILD THE CAPACITY OF 

FOREIGN MILITARY FORCES. 

(a) PROGRAM IMPLEMENTATION VESTED IN SECRETARY OF

DEFENSE.—

(1) AUTHORITY.—Subsection (a) of section 1206 of the 

National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3456) is amended by striking ‘‘The 

President may direct the Secretary of Defense to’’ and inserting 

‘‘The Secretary of Defense, with the concurrence of the Secretary of State, may’’. 

(2) CONFORMING AMENDMENTS.—Such section is further 

amended—

(A) in subsection (b), by striking ‘‘directed by the President’’ in paragraphs (1) and (2); 

(B) in subsection (c)—

(i) in paragraph (1), by striking ‘‘directed by the 

President’’; and 

(ii) in paragraphs (2) and (3), by striking ‘‘The 

President’’ and inserting ‘‘The Secretary of Defense’’; 

(C) in subsection (d), by striking ‘‘directed by the President’’ both places it appears; and 

(D) in subsection (e)(2), by striking ‘‘as directed by 

the President’’. 

(b) FUNDING.—Subsection (c)(1) of such section is further 

amended—

(1) by striking ‘‘$200,000,000’’ and inserting ‘‘$300,000,000’’; 

and 

(2) by striking ‘‘defense-wide’’. 

(c) NOTIFICATION TO CONGRESS.—Paragraph (1) of subsection 

(e) of such section is amended to read as follows: 

‘‘(1) NOTIFICATION.—Whenever the Secretary of Defense 

decides, with the concurrence of the Secretary of State, to 

conduct or support a program authorized under subsection (a), 

the Secretary of Defense shall submit to Congress a notification 

in writing of that decision. Any such notification shall be prepared in coordination with the Secretary of State.’’. 

(d) ONE-YEAR EXTENSION OF PROGRAM AUTHORITY.—Subsection 

(g) of such section is amended to read as follows: 

‘‘(g) TERMINATION OF PROGRAM.—The authority provided under 

subsection (a) terminates at the close of September 30, 2008. Any 

program directed before that date may be completed, but only 

using funds available for fiscal year 2006, 2007, or 2008.’’. 
H. R. 5122—337

SEC. 1207. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PERSONNEL OF EDUCATION AND TRAINING MATERIALS AND 

INFORMATION TECHNOLOGY TO ENHANCE MILITARY 

INTEROPERABILITY. 

(a) DISTRIBUTION AUTHORIZED.—To enhance interoperability 

between the Armed Forces and military forces of friendly foreign 

countries, the Secretary of Defense may—

(1) provide to personnel referred to in subsection (b) electronically-distributed learning content for the education and 

training of such personnel for the development and enhancement of allied and friendly military capabilities for multinational operations, including joint exercises and coalition operations; and 

(2) provide information technology, including computer software developed for such purpose, but only to the extent necessary to support the use of such learning content for the 

education and training of such personnel. 

(b) AUTHORIZED RECIPIENTS.—The personnel to whom learning 

content and information technology may be provided under subsection (a) are military and civilian personnel of a friendly foreign 

government, with the permission of that government. 

(c) EDUCATION AND TRAINING.—Any education and training provided under subsection (a) shall include the following: 

(1) Internet-based education and training. 

(2) Advanced distributed learning and similar Internet 

learning tools, as well as distributed training and computer 

assisted exercises. 

(d) SECRETARY OF STATE CONCURRENCE IN CERTAIN ACTIVITIES.—In the case of any activity proposed to be undertaken under 

this section that is not authorized by another provision of law, 

the Secretary of Defense may undertake such activity only with 

the concurrence of the Secretary of State. 

(e) APPLICABILITY OF EXPORT CONTROL REGIMES.—The provision of learning content and information technology under this 

section shall be subject to the provisions of the Arms Export Control 

Act (22 U.S.C. 2751 et seq.) and any other export control regime 

under law relating to the transfer of military technology to foreign 

nations. 

(f) SECRETARY OF DEFENSE GUIDANCE.—

(1) GUIDANCE REQUIRED.—The Secretary of Defense shall 

develop and issue guidance on the procedures for the use of 

the authority provided in this section. 

(2) SUBMITTAL TO CONGRESSIONAL COMMITTEES.—Not later 

than 30 days after issuing the guidance required by paragraph 

(1), the Secretary shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a report 

setting forth such guidance. 

(3) MODIFICATION.—If the Secretary modifies the guidance 

issued under paragraph (1), the Secretary shall submit to the 

committees named in paragraph (2) a report setting forth the 

modified guidance not later than 30 days after the date of 

such modification. 

(g) ANNUAL REPORT.—

(1) REPORT REQUIRED.—Not later than October 31 of 2007 

and 2008, the Secretary of Defense shall submit to the committees named in subsection (f)(1) a report on the exercise of 
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the authority provided in this section during the preceding 

fiscal year. 

(2) ELEMENTS.—Each report under paragraph (1) shall 

include, for the fiscal year covered by such report, the following: 

(A) A statement of the recipients of learning content 

and information technology provided under this section. 

(B) A description of the type, quantity, and value of 

the learning content and information technology provided 

under this section. 

(h) TERMINATION.—The authority provided in this section shall 

expire on September 30, 2008. 

Subtitle B—Nonproliferation Matters and 

Countries of Concern 

SEC. 1211. NORTH KOREA. 

(a) COORDINATOR OF POLICY ON NORTH KOREA.— (1) APPOINTMENT REQUIRED.—Not later than 60 days after 

the date of the enactment of this Act, the President shall 

appoint a senior presidential coordinator of United States policy 

on North Korea. 

(2) DESIGNATION.—The individual appointed under paragraph (1) may be known as the ‘‘North Korea Policy Coordinator’’ (in this subsection referred to as the ‘‘Coordinator)’’. 

(3) DUTIES.—The Coordinator shall—

(A) conduct a full and complete interagency review 

of United States policy toward North Korea; 

(B) consult with foreign governments, including the 

parties to the Six Party Talks on the denuclearization 

of the Korean peninsula; and 

(C) provide policy direction and leadership for negotiations with North Korea relating to nuclear weapons, ballistic missiles, and other security matters. 

(4) REPORT.—Not later than 90 days after the date of 

the appointment of an individual as Coordinator under paragraph (1), the Coordinator shall submit to the President and 

Congress an unclassified report, with a classified annex if necessary, on the actions undertaken under paragraph (3). The 

report shall set forth—

(A) the results of the review under paragraph (3)(A); 

and 

(B) any other matter on North Korea that the Coordinator considers appropriate. 

(5) TERMINATION.—The position under this subsection shall 

terminate no later than December 31, 2011. 

(b) SEMIANNUAL REPORTS ON NUCLEAR AND MISSILE PROGRAMS

OF NORTH KOREA.— (1) REPORTS REQUIRED.—Not later than 90 days after the 

date of the enactment of this Act, and every 180 days thereafter 

for fiscal years 2007 and 2008, the President shall transmit 

to Congress an unclassified report, with a classified annex 

as appropriate, on the nuclear program and the missile program 

of North Korea. 

(2) MATTERS TO BE INCLUDED.—Each report under paragraph (1) shall include the following: 
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(A) The most current national intelligence estimate 

on the nuclear program and the missile program of North 

Korea and, consistent with the protection of intelligence 

sources and methods, an unclassified summary of the key 

judgments in that estimate. 

(B) The most current unclassified United States 

Government assessment, stated as a range if necessary, 

of—

(i) the number of nuclear weapons possessed by 

North Korea; and 

(ii) the amount of nuclear material suitable for 

weapons use produced by North Korea by plutonium 

reprocessing and uranium enrichment. 

(C) Any other matter relating to the nuclear program 

or missile program of North Korea that the President considers appropriate. 

SEC. 1212. REPORT ON PARTICIPATION OF MULTINATIONAL PARTNERS 

IN THE UNITED NATIONS COMMAND IN THE REPUBLIC 

OF KOREA. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate 

committees of Congress a report on participation of multinational 

partners in the United Nations Command in the Republic of Korea. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A list of the nations that are current members of the 

United Nations Command in the Republic of Korea, together 

with a detailed description of the role and participation of 

each such member nation in the responsibilities and activities 

of the United Nations Command. 

(2) A detailed description of efforts being undertaken by 

the United States to encourage enhanced participation in the 

responsibilities and activities of the United Nations Command 

in the Republic of Korea by such member nations. 

(3) A discussion of how members of the United Nations 

Command in the Republic of Korea might be persuaded to 

increase their contribution of military forces stationed in the 

Republic and an assessment of how United States politicalmilitary requirements in the Republic of Korea might be 

affected by such increases. 

(4) An assessment of how the contribution of additional 

military forces by a member of the United Nations Command 

might affect that member’s approach to facilitating a diplomatic 

resolution of the nuclear challenge posed by the Democratic 

People’s Republic of Korea. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means—

(1) the Committees on Armed Services and Foreign Relations of the Senate; and 

(2) the Committees on Armed Services and International 

Relations of the House of Representatives. 
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SEC. 1213. INTELLIGENCE ON IRAN. 

(a) SUBMITTAL TO CONGRESS OF UPDATED NATIONAL INTELLIGENCE ESTIMATE ON IRAN.—

(1) SUBMITTAL REQUIRED.—The Director of National Intelligence shall submit to Congress an updated, comprehensive 

National Intelligence Estimate on Iran. Such National Intelligence Estimate shall be submitted as soon as is practicable, 

but not later than the end of the 90-day period beginning 

on the date of the enactment of this Act. 

(2) NOTICE REGARDING SUBMITTAL.—If before the end of 

the 90-day period specified in paragraph (1) the Director determines that the National Intelligence Estimate required by that 

paragraph cannot be submitted by the end of that period as 

required by that paragraph, the Director shall (before the end 

of that period) submit to Congress a report setting forth—

(A) the reasons why the National Intelligence Estimate 

cannot be submitted by the end of such 90-day period; 

and 

(B) an estimated date for the submittal of the National 

Intelligence Estimate. 

(3) FORM.—The National Intelligence Estimate under paragraph (1) shall be submitted in classified form. Consistent 

with the protection of intelligence sources and methods, an 

unclassified summary of the key judgments of the National 

Intelligence Estimate should be submitted. 

(b) PRESIDENTIAL REPORT ON POLICY OBJECTIVES AND UNITED

STATES STRATEGY REGARDING IRAN.—

(1) REPORT REQUIRED.—As soon as is practicable, but not 

later than 90 days after the date of the enactment of this 

Act, the President shall submit to Congress a report on—

(A) the objectives of United States policy on Iran; and 

(B) the strategy for achieving those objectives. 

(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form with a classified annex, as appropriate. 

(3) ELEMENTS.—The report submitted under paragraph (1) 

shall—

(A) address the role of diplomacy, incentives, sanctions, 

other punitive measures and incentives, and other programs and activities relating to Iran for which funds are 

provided by Congress; and 

(B) summarize United States contingency planning 

regarding the range of possible United States military 

actions in support of United States policy objectives with 

respect to Iran. 

SEC. 1214. SENSE OF CONGRESS ON UNITED STATES POLICY ON THE 

NUCLEAR PROGRAMS OF IRAN. 

Congress—

(1) endorses the policy of the United States to achieve 

a successful diplomatic outcome, in coordination with leading 

members of the international community, with respect to the 

threat posed by the efforts of the Iranian regime to acquire 

a capability to produce nuclear weapons; 

(2) calls on Iran to—
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(A) suspend fully and verifiably its enrichment and 

reprocessing activities, as required by the International 

Atomic Energy Agency (IAEA); and 

(B) work with the international community to achieve 

a negotiated outcome to the concerns regarding its nuclear 

program; 

(3) in the event Iran fails to comply with United Nations 

Security Council Resolution 1696 (July 31, 2006), urges the 

Security Council to work for the adoption of appropriate measures under Article 41 of Chapter VII of the Charter of the 

United Nations; and 

(4) urges the President and the Secretary of State to keep 

Congress fully and currently informed regarding the progress 

of this vital diplomatic initiative. 

Subtitle C—Other Matters 

SEC. 1221. EXCLUSION OF PETROLEUM, OIL, AND LUBRICANTS FROM 

LIMITATIONS ON ANNUAL AMOUNT OF LIABILITIES THE 

UNITED STATES MAY ACCRUE UNDER ACQUISITION AND 

CROSS-SERVICING AGREEMENTS. 

(a) EXCLUSION.—Section 2347 of title 10, United States Code, 

is amended—

(1) in subsection (a), by striking ‘‘(other than petroleum, 

oils, and lubricants)’’ in paragraphs (1) and (2); and 

(2) by adding at the end the following new subsection: 

‘‘(d) The amount of any sale, purchase, or exchange of petroleum, oils, or lubricants by the United States under this subchapter 

in any fiscal year shall be excluded in any computation for the 

purposes of subsection (a) or (b) of the amount of reimbursable 

liabilities or reimbursable credits that the United States accrues 

under this subchapter in that fiscal year.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect beginning with fiscal year 2007. 

(c) REPORTS.—Not later than October 31 of 2007 and 2008, 

the Secretary of Defense shall submit to the Committee on Armed 

Services of the Senate and the Committee on Armed Services of 

the House of Representatives a report on the exercise during the 

preceding fiscal year of the authority provided in subchapter I 

of chapter 138 of title 10, United States Code, with respect to 

the sale, purchase, or exchange of petroleum, oil, or lubricants. 

Each report shall identify each country involved in a sale, purchase, 

or exchange of petroleum, oil, or lubricants with the United States 

and include a description, by country, of the type, quantity, and 

value of the petroleum, oil, and lubricants that were sold, purchased, 

or exchanged by the United States. 

SEC. 1222. MODIFICATION OF LIMITATIONS ON ASSISTANCE UNDER 

THE AMERICAN SERVICEMEMBERS’ PROTECTION ACT OF 

2002. 

Section 2013(13)(A) of the American Servicemembers’ Protection Act of 2002 (22 U.S.C. 7432(13)(A)) is amended by striking 

‘‘or 5’’. 

SEC. 1223. HUMANITARIAN SUPPORT FOR IRAQI CHILDREN IN URGENT 

NEED OF MEDICAL CARE. 

(a) FINDINGS.—Congress makes the following findings: 
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(1) The Secretary of Defense has discretionary authority 

to permit space-available travel on military aircraft for various 

reasons, including humanitarian purposes. 

(2) Recently, 110 Iraqi children journeyed 22 hours by 

bus from Baghdad, Iraq, to Amman, Jordan, for urgently needed 

oral/facial surgery. While traveling, armed insurgents stopped 

and boarded the children’s bus, raising serious questions about 

the safety of further travel by ground. 

(3) Pursuant to the Secretary’s discretionary authority 

referred to in paragraph (1), the Secretary authorized the Iraqi 

children to travel on military aircraft for their return trip 

from Amman to Baghdad. 

(4) The Secretary is to be commended for his initiative 

in providing for the safe return of these children to Iraq by 

military aircraft. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of Defense should continue to provide space-available 

travel on military aircraft for humanitarian reasons to Iraqi children who would otherwise have no means available to seek urgently 

needed medical care such as that provided by a humanitarian 

organization in Amman, Jordan. 

SEC. 1224. SENSE OF CONGRESS OPPOSING THE GRANTING OF 

AMNESTY BY THE GOVERNMENT OF IRAQ TO PERSONS 

KNOWN TO HAVE ATTACKED, KILLED, OR WOUNDED MEMBERS OF THE UNITED STATES ARMED FORCES IN IRAQ. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Armed Forces of the United States and coalition 

military forces are serving heroically in Iraq to provide all 

the people of Iraq a better future. 

(2) The Armed Forces of the United States and coalition 

military forces have served bravely in Iraq since the beginning 

of military operations in March of 2003. 

(3) As of June 15, 2006, more than 2,500 members of 

the Armed Forces of the United States and members of coalition 

military forces have been killed and more than 18,000 have 

been injured in operations to bring peace and stability to all 

the people of Iraq. 

(b) SENSE OF CONGRESS.— (1) IRAQI SOVEREIGNTY.—It is the sense of Congress that 

the goal of the United States and of the coalition partners 

of the United States has been to empower the Iraqi people 

and, in doing so, to recognize their freedom to exercise full 

sovereignty. 

(2) AMNESTY.—Recognizing the sovereignty of the Iraqi 

people as referred to in paragraph (1), it is further the sense 

of Congress that the Government of Iraq, consistent with that 

sovereignty, should not grant amnesty to persons known to 

have attacked, killed, or wounded members of the Armed Forces 

of the United States. 

SEC. 1225. ANNUAL REPORTS ON UNITED STATES CONTRIBUTIONS TO 

THE UNITED NATIONS. 

(a) ANNUAL REPORT.—Not later than 90 days after the date 

of the enactment of this Act and annually thereafter until December 

31, 2010, the President shall submit to Congress a report listing 

all assessed and voluntary contributions of the United States 
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Government for the preceding fiscal year to the United Nations 

and United Nations affiliated agencies and related bodies. 

(b) CONTENTS.—Each report required under subsection (a) shall 

set forth, for the fiscal year covered by such report, the following: 

(1) The total amount of all assessed and voluntary contributions of the United States Government to the United Nations 

and United Nations affiliated agencies and related bodies. 

(2) The approximate percentage of United States Government contributions to each United Nations affiliated agency 

or body in such fiscal year when compared with all contributions 

to such agency or body from any source in such fiscal year. 

(3) For each such contribution—

(A) the amount of such contribution; 

(B) a description of such contribution (including 

whether assessed or voluntary); 

(C) the department or agency of the United States 

Government responsible for such contribution; 

(D) the purpose of such contribution; and 

(E) the United Nations or United Nations affiliated 

agency or related body receiving such contribution. 

SEC. 1226. COMPREHENSIVE REGIONAL STRATEGY AND ANNUAL 

REPORTS ON SOMALIA. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the United States should—

(1) support—

(A) the establishment of a functional, legitimate, and 

unified national government in Somalia; 

(B) humanitarian assistance to the people of Somalia; 

(C) efforts to prevent Somalia from becoming a safe 

haven for terrorists and terrorist activities; and 

(D) regional stability; 

(2) broaden and integrate its strategic approach toward 

Somalia within the context of United States policy and activities 

in the countries of the Horn of Africa and other relevant countries on the Arabian Peninsula; and 

(3) coordinate and carry out all diplomatic, humanitarian, 

counterterrorism, and security-related activities in Somalia 

within the framework of an interagency process. 

(b) COMPREHENSIVE REGIONAL STRATEGY.— (1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the President shall submit to 

the appropriate congressional committees a report on a comprehensive regional strategy toward Somalia within the context 

of United States policy and activities in the countries of the 

Horn of Africa and other relevant countries on the Arabian 

Peninsula. 

(2) COMPONENTS.—The comprehensive regional strategy 

described in the report shall include the following components: 

(A) A clearly stated policy towards Somalia that will 

help establish a functional, legitimate, and unified national 

government in Somalia that is capable of maintaining the 

rule of law and preventing Somalia from becoming a safe 

haven for terrorists. 

(B) A description of the type and form of bilateral, 

regional, and multilateral efforts to coordinate and 

strengthen diplomatic engagement with Somalia. 
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(C) A description of an integrated political, humanitarian, intelligence, and military approach to counter 

transnational security threats in Somalia and throughout 

the countries of the Horn of Africa. 

(D) A description of an interagency framework 

involving the Federal agencies and departments of the 

United States to plan, coordinate, and execute United 

States policy and activities in Somalia and throughout 

the countries of the Horn of Africa and to oversee policy 

and program implementation. 

(E) Guidance on the manner in which the comprehensive regional strategy will be implemented. 

(c) ANNUAL REPORTS.—Not later than April 1, 2007, and 

annually thereafter until April 1, 2010, the President shall submit 

to the appropriate congressional committees a report on the status 

of the implementation of the comprehensive regional strategy 

toward Somalia required under subsection (b). 

(d) FORM.—Each report under this section, including the comprehensive regional strategy, shall be submitted in unclassified 

form, but may include a classified annex, as appropriate. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means—

(1) the Committee on Armed Services, the Committee on 

International Relations, and the Permanent Select Committee 

on Intelligence of the House of Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Select Committee on Intelligence 

of the Senate. 

SEC. 1227. REPORT ON THE IMPLEMENTATION OF THE DARFUR PEACE 

AGREEMENT. 

(a) REQUIREMENT FOR REPORTS.—Not later than 90 days after 

the date of the enactment of this Act and every six months thereafter until December 31, 2011, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate 

congressional committees a report on the implementation of the 

Darfur Peace Agreement of May 5, 2006, and the contributions 

of the Department of Defense to the North Atlantic Treaty 

Organization in support of the African Union Mission in Sudan 

(AMIS). 

(b) CONTENTS.—Each report under subsection (a) shall 

include—

(1) a description of major violations of the Darfur Peace 

Agreement and major delays in implementing the Agreement, 

including violations and delays relating to the demobilization 

and disarmament of the Janjaweed, the voluntary safe return 

of internally displaced persons and refugees, and security and 

access for humanitarian supply routes; 

(2) an assessment of the extent to which the Ceasefire 

Commission and the AMIS are able to monitor the implementation of the Darfur Peace Agreement and an assessment of 

efforts to impede the monitoring activities of the Ceasefire 

Commission and AMIS; 

(3) a list of contributions made by the Department of 

Defense in support of NATO assistance to AMIS and the United 

Nations peacekeeping operation authorized for Darfur; 
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(4) a description of the activities carried out by United 

States Armed Forces in support of NATO assistance to AMIS 

and the United Nations peacekeeping operation authorized for 

Darfur; 

(5) the amount of funds expended by the Department of 

Defense in support of NATO assistance to AMIS; and 

(6) a description of the efforts by the United States to 

obtain troop contributions from other countries to serve in 

the United Nations peacekeeping operation authorized for 

Darfur. 

(c) FORM AND AVAILABILITY OF REPORTS.— (1) FORM.—Reports submitted under this section shall be 

in an unclassified form and may include a classified annex. 

(2) AVAILABILITY.—The unclassified portion of such reports 

shall be made available to the public. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate committees of Congress’’ 

means—

(1) the Committee on Armed Services and the Committee 

on International Relations of the House of Representatives; 

and 

(2) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate. 

SEC. 1228. SENSE OF CONGRESS CONCERNING COOPERATION WITH 

RUSSIA ON ISSUES PERTAINING TO MISSILE DEFENSE. 

It is the sense of Congress that—

(1) cooperation between the United States and Russia with 

regard to missile defense is in the interest of the United States; 

(2) there does not exist strong enough engagement between 

the United States and Russia with respect to missile defense 

cooperation; 

(3) the United States should explore innovative and nontraditional means of cooperation with Russia on issues pertaining to missile defense; and 

(4) as part of such an effort, the Secretary of Defense 

should consider the possibilities for United States-Russian 

cooperation with respect to missile defense through—

(A) the testing of specific elements of the detection 

and tracking equipment of the Missile Defense Agency 

of the United States Department of Defense through the 

use of Russian target missiles; and 

(B) the provision of early warning radar to the Missile 

Defense Agency by the use of Russian radar data. 

SEC. 1229. SENSE OF CONGRESS CALLING FOR CONVENING OF A 

SUMMIT FOR A COMPREHENSIVE POLITICAL AGREEMENT 

FOR IRAQ. 

(a) IN GENERAL.—It is the sense of Congress that the President 

should continue working with the Government of Iraq and the 

United Nations to convene a summit as soon as possible after 

the enactment of this Act for the purpose of reaching a comprehensive political agreement for Iraq—

(1) that promotes the Government of Iraq’s National Reconciliation and Dialogue Plan of June 25, 2006, which is 

designed to focus on many of the fundamental questions 

dividing Iraqis; and 

(2) that address the issues of—
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(A) federalism; 

(B) the equitable distribution of oil revenues; 

(C) the demobilization and reintegration of armed militias 

(D) the inducement of the armed opposition to lay 

down their arms and join the political process, and 

(E) the building of a renewed international partnership 

with Iraq aimed at encouraging the economic recovery and 

reconstruction of Iraq. 

(b) SUMMIT PARTICIPANTS.—A summit convened for the purpose 

stated in subsection (a) should include the following participants 

(as well as other appropriate participants): 

(1) Representatives of Iraq’s neighbors. 

(2) Representatives of the Arab League. 

(3) The Secretary General of the North Atlantic Treaty 

Organization. 

(4) Representatives of the European Union. 

(5) Leaders of the governments of each permanent member 

of the United Nations Security Council. 

SEC. 1230. SENSE OF CONGRESS ON THE COMMENDABLE ACTIONS 

OF THE ARMED FORCES IN IRAQ. 

(a) FINDINGS.—Congress makes the following findings: 

(1) On June 7, 2006, the United States Armed Forces 

carried out an air strike near the City of Baquba, northeast 

of Baghdad, Iraq, that resulted in the death of Ahmad Fadeel 

al-Nazal al-Khalayleh, better known as Abu Musab al-Zarqawi, 

the leader of the al-Qaeda in Iraq terrorist organization and 

the most wanted terrorist in Iraq. 

(2) Zarqawi, as the operational commander of al-Qaeda 

in Iraq, led a brutal campaign of suicide bombings, car 

bombings, assassinations, and abductions that caused the 

deaths of many members of the United States Armed Forces, 

civilian officials of the United States Government, thousands 

of innocent Iraqi civilians, and innocent civilians of other 

nations. 

(3) Zarqawi publicly swore his allegiance to Osama bin 

Laden and al-Qaeda in 2004, and changed the name of his 

terrorist organization from the ‘‘Monotheism and Holy War 

Group’’ to ‘‘al-Qaeda in Iraq’’. 

(4) In an audiotape broadcast in December 2004, Osama 

bin Laden, the leader of al-Qaeda’s worldwide terrorist 

organization, called Zarqawi ‘‘the prince of al-Qaeda in Iraq’’. 

(5) Three perpetrators confessed to being paid by Zarqawi 

to carry out the October 2002 assassination of the United 

States diplomat, Lawrence Foley, in Amman, Jordan. 

(6) The Monotheism and Holy War Group claimed responsibility for—

(A) the August 2003 suicide attack that destroyed the 

United Nations headquarters in Baghdad and killed the 

United Nations envoy to Iraq, Sergio Vieira de Mello, along 

with 21 other people; and 

(B) the suicide attack on the Imam Ali Mosque in 

Najaf that occurred less than two weeks later, which killed 

at least 85 people, including the Ayatollah Sayed 

Mohammed Baqr al-Hakim, and wounded dozens more. 
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(7) Zarqawi is believed to have personally beheaded American hostage Nicholas Berg in May 2004. 

(8) In May 2004, Zarqawi was implicated in a car bombing 

that killed Izzadine Salim, the rotating president of the Iraqi 

Governing Council. 

(9) In November 2005, al-Qaeda in Iraq attacked three 

hotels in Amman, Jordan, killing at least 67 innocent civilians. 

(10) Zarqawi and his terrorist organization were directly 

responsible for numerous other brutal terrorist attacks against 

the American and coalition forces, Iraqi security forces and 

recruits, and innocent Iraqi civilians. 

(11) Zarqawi sought to turn Iraq into a safe haven for 

al-Qaeda. 

(12) To achieve that end, Zarqawi stated his opposition 

to the democratically elected government of Iraq and worked 

to divide the Iraqi people, foment sectarian violence, and incite 

a civil war in Iraq. 

(13) The members of the United States Armed Forces, 

the intelligence community, and other Federal agencies, along 

with coalition partners and the Iraqi Security Forces, should 

be commended for their courage and extraordinary efforts to 

track down the most wanted terrorist in Iraq and to secure 

a free and prosperous future for the people of Iraq. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

Congress—

(1) commends the United States Armed Forces, the intelligence community, and other Federal agencies, along with 

coalition partners, for the actions taken through June 7, 2006, 

that resulted in the death of Abu Musab al-Zarqawi, the leader 

of the al-Qaeda in Iraq terrorist organization and the most 

wanted terrorist in Iraq; 

(2) commends the United States Armed Forces, the intelligence community, and other agencies for the action referred 

to in paragraph (1) and their exemplary performance in striving 

to bring freedom, democracy, and security to the people of 

Iraq; 

(3) commends the coalition partners of the United States, 

the new government of Iraq, and members of the Iraqi Security 

Forces for their invaluable assistance in the operation referred 

to in paragraph (1) and their extraordinary efforts to secure 

a free and prosperous Iraq; 

(4) commends United States civilian and military leadership for their continuing efforts to eliminate the leadership 

of al-Qaeda in Iraq, and also commends the new government 

of Iraq, led by Prime Minister Nouri al-Maliki, for its contribution to that achievement; 

(5) recognizes that the death of Abu Musab al-Zarqawi 

is a victory for American and coalition forces in the global 

war on terror and a blow to the al-Qaeda terrorist organization; 

(6) commends Iraqi Prime Minister Nouri al-Maliki on 

the finalization of the new Iraqi cabinet; 

(7) urges the democratically elected government in Iraq 

to use this opportunity to defeat the terrorist enemy, to put 

an end to ethnic and sectarian violence, and to achieve a 

free, prosperous, and secure future for Iraq; and 

(8) affirms that the Congress will continue to support the 

United States Armed Forces, the democratically elected unity 
H. R. 5122—348

government of Iraq, and the people of Iraq in their quest 

to secure a free, prosperous, and democratic Iraq. 

SEC. 1231. ANNUAL REPORT ON FOREIGN SALES OF SIGNIFICANT MILITARY EQUIPMENT MANUFACTURED IN THE UNITED 

STATES. 

(a) REPORT REQUIRED.—Not later than March 31 of each year, 

the Secretary of Defense shall submit to the congressional defense 

committees a report on foreign military sales and direct sales to 

foreign entities of significant military equipment manufactured in 

the United States during the preceding calendar year. 

(b) CONTENTS.—Each report required by subsection (a) shall 

indicate, for each sale of significant military equipment in excess 

of $2,000,000—

(1) the nature of the equipment and the dollar value of 

the sale; 

(2) the country to which the equipment was sold; and 

(3) the manufacturer of the equipment and the State in 

which the equipment was manufactured. 

(c) PUBLIC AVAILABILITY.—The Secretary of Defense shall make 

each report required by subsection (a) publicly available to the 

maximum extent practicable. 

(d) SIGNIFICANT MILITARY EQUIPMENT DEFINED.—In this section, the term ‘‘significant military equipment’’ has the meaning 

given the term in section 47(9) of the Arms Export Control Act 

(22 U.S.C. 2794(9) note). 

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. National Academy of Sciences study of prevention of proliferation of biological weapons.

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

PROGRAMS AND FUNDS. 

(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section 

301 and other provisions of this Act, Cooperative Threat Reduction 

programs are the programs specified in section 1501(b) of the 

National Defense Authorization Act for Fiscal Year 1997 (Public 

Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note). 

(b) FISCAL YEAR 2007 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—As used in this title, the term ‘‘fiscal year 2007 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for 

Cooperative Threat Reduction programs. 

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 

the authorization of appropriations in section 301 for Cooperative 

Threat Reduction programs shall be available for obligation for 

three fiscal years. 
H. R. 5122—349

SEC. 1302. FUNDING ALLOCATIONS. 

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $372,128,000 

authorized to be appropriated to the Department of Defense for 

fiscal year 2007 in section 301(19) for Cooperative Threat Reduction 

programs, the following amounts may be obligated for the purposes 

specified: 

(1) For strategic offensive arms elimination in Russia, 

$76,985,000. 

(2) For nuclear weapons storage security in Russia, 

$87,100,000. 

(3) For nuclear weapons transportation security in Russia, 

$33,000,000. 

(4) For weapons of mass destruction proliferation prevention in the states of the former Soviet Union, $37,486,000. 

(5) For biological weapons proliferation prevention in the 

former Soviet Union, $68,357,000. 

(6) For chemical weapons destruction in Russia, 

$42,700,000. 

(7) For defense and military contacts, $8,000,000. 

(8) For activities designated as Other Assessments/

Administrative Support, $18,500,000. 

(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR

OTHER PURPOSES.—No fiscal year 2007 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than 

a purpose listed in paragraphs (1) through (8) of subsection (a) 

until 30 days after the date that the Secretary of Defense submits 

to Congress a report on the purpose for which the funds will 

be obligated or expended and the amount of funds to be obligated 

or expended. Nothing in the preceding sentence shall be construed 

as authorizing the obligation or expenditure of fiscal year 2007 

Cooperative Threat Reduction funds for a purpose for which the 

obligation or expenditure of such funds is specifically prohibited 

under this title or any other provision of law. 

(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—

(1) IN GENERAL.—Subject to paragraphs (2) and (3), in 

any case in which the Secretary of Defense determines that 

it is necessary to do so in the national interest, the Secretary 

may obligate amounts appropriated for fiscal year 2007 for 

a purpose listed in any of the paragraphs in subsection (a) 

in excess of the specific amount authorized for that purpose. 

(2) NOTICE-AND-WAIT REQUIRED.—An obligation of funds 

for a purpose stated in any of the paragraphs in subsection 

(a) in excess of the specific amount authorized for such purpose 

may be made using the authority provided in paragraph (1) 

only after—

(A) the Secretary submits to Congress notification of 

the intent to do so together with a complete discussion 

of the justification for doing so; and 

(B) 15 days have elapsed following the date of the 

notification. 

(3) RESTRICTION.—The Secretary may not, under the 

authority provided in paragraph (1), obligate amounts for a 

purpose stated in any of paragraphs (6) through (8) of subsection (a) in excess of 125 percent of the specific amount 

authorized for such purpose. 
H. R. 5122—350

SEC. 1303. EXTENSION OF TEMPORARY AUTHORITY TO WAIVE LIMITATION ON FUNDING FOR CHEMICAL WEAPONS DESTRUCTION FACILITY IN RUSSIA. 

Section 1303 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2094; 22 U.S.C. 5952 note) is amended—

(1) in subsection (a), by striking ‘‘shall not apply for a 

calendar year for which the President submits to Congress 

a written certification’’ and inserting the following: ‘‘shall not 

apply for a calendar year to the chemical weapons destruction 

facility that is (as of 2006) under construction at Shchuch’ye 

in the Russian Federation, if the President submits to Congress 

a written certification, for the calendar year concerned,’’; and 

(2) in subsection (b), by striking ‘‘shall expire’’ and all 

that follows through the period at the end and inserting ‘‘is 

not effective for calendar years after calendar year 2011.’’. 

SEC. 1304. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION 

OF PROLIFERATION OF BIOLOGICAL WEAPONS. 

(a) STUDY REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Defense shall enter 

into an arrangement with the National Academy of Sciences under 

which the Academy shall carry out a study to identify areas for 

further cooperation with Russia and other states of the former 

Soviet Union under the Cooperative Threat Reduction (CTR) program of the Department of Defense in the specific area of prevention 

of proliferation biological weapons. 

(b) MATTERS TO BE INCLUDED IN STUDY.—The Secretary shall 

provide for the study under subsection (a) to include the following: 

(1) A brief review of any ongoing or previously completed 

United States Government program (whether conducted 

through the Cooperative Threat Reduction program or otherwise) in the area of prevention of proliferation of biological 

weapons. 

(2) An identification of further cooperative work between 

the United States Government and foreign governments, 

including technical scientific cooperation, that could effectively 

be pursued in the area of prevention of proliferation of biological 

weapons and the objectives that such work would be designed 

to achieve. 

(3) An identification of any obstacles to designing and 

implementing a nonproliferation program (whether conducted 

through the Cooperative Threat Reduction program or otherwise) that could successfully accomplish the objectives identified 

pursuant to paragraph (2), together with recommendations for 

overcoming such obstacles, including recommendations in the 

area of coordination among relevant United States Government 

departments and agencies. 

(c) REPORT.—

(1) SECRETARY OF DEFENSE REPORT.—Not later than 

December 31, 2007, the Secretary of Defense shall submit to 

the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives 

a report on the study carried out under subsection (a). 

(2) MATTERS TO BE INCUDED.—The report under paragraph 

(1) shall incude the following: 
H. R. 5122—351

(A) The results of the study carried out under subsection (a), including any report received from the National 

Academy of Sciences on such study. 

(B) An assessment of the study by the Secretary. 

(C) an action plan for implementing the recommendations from the study, if any, that the Secretary has decided 

to pursue. 

(3) FORM OF SUBMITTAL.—The report under paragraph (1) 

shall be submitted in unclassified form, but may include a 

classified annex. 

(d) FUNDING.—Of the amounts made available pursuant to 

the authorization of appropriations in section 301(19) for Cooperative Threat Reduction programs, not more than $150,000 shall 

be available to carry out this section. 

TITLE XIV—MATTERS RELATED TO DEFENSE AGAINST TERRORISM AND RELATED SECURITY MATTERS

Sec. 1401. Enhancement to authority to pay rewards for assistance in combating 

terrorism. 

Sec. 1402. Quarterly reports on Department of Defense response to threat posed by 

improvised explosive devices. 

Sec. 1403. Requirement that all military wheeled vehicles used in Iraq and Afghanistan outside of secure military operating bases be protected by Improvised Explosive Device (IED) jammers. 

Sec. 1404. Report on assessment process of Chairman of the Joint Chiefs of Staff 

relating to Global War on Terrorism. 

Sec. 1405. Treatment under Freedom of Information Act of certain confidential information shared with State and local personnel. 

Sec. 1406. Database of emergency response capabilities.

SEC. 1401. ENHANCEMENT TO AUTHORITY TO PAY REWARDS FOR 

ASSISTANCE IN COMBATING TERRORISM. 

(a) INCREASE IN DELEGATION LIMITATION.—Paragraph (2) of 

section 127b(c) of title 10, United States Code, is amended by 

striking ‘‘$2,500’’ and inserting ‘‘$10,000’’. 

(b) EXPANSION OF SENIOR OFFICERS TO WHOM COMBATANT COM- MANDER AUTHORITY MAY BE DELEGATED.—Such paragraph is further amended—

(1) by inserting after ‘‘deputy commander’’ the following: 

‘‘, or to the commander of a command directly subordinate 

to that commander,’’; and 

(2) by adding at the end the following new sentence: ‘‘Such 

a delegation may be made to the commander of a command 

directly subordinate to the commander of a combatant command 

only with the approval of the Secretary of Defense, the Deputy 

Secretary of Defense, or an Under Secretary of Defense to 

whom authority has been delegated under subparagraph 

(1)(A).’’. 

SEC. 1402. QUARTERLY REPORTS ON DEPARTMENT OF DEFENSE 

RESPONSE TO THREAT POSED BY IMPROVISED EXPLOSIVE DEVICES. 

(a) REPORTS REQUIRED.— (1) INITIAL REPORT.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to Congress a report—
H. R. 5122—352

(A) regarding the status of the threat posed to United 

States and allied forces in Iraq and Afghanistan by improvised explosive devices; and 

(B) describing efforts being undertaken by the Department of Defense to defeat that threat. 

(2) SUPPLEMENTAL QUARTERLY REPORTS.—After the submission of the report under paragraph (1), the Secretary shall 

submit to Congress a supplemental report, not later than 30 

days after the end of each calendar-year quarter, to account 

for every reported incident involving the detonation or discovery 

of an improvised explosive device during the preceding quarter 

that involved United States or allied forces in Iraq and Afghanistan. 

(3) CLASSIFICATION OF REPORTS.—Reports under this section shall be transmitted in an unclassified manner with a 

classified annex, if necessary. 

(b) JOINT IED DEFEAT ORGANIZATION AND RELATED OFFICES.— Each report under subsection (a) shall provide the following 

information regarding the joint entity in the Office of the Secretary 

of Defense known as the ‘‘Joint IED Defeat Organization’’ and 

those portions of all other organizational elements within the 

Department of Defense that are focused on countering improvised 

explosive devices: 

(1) The number of Department of Defense personnel 

assigned to the Joint IED Defeat Organization and each other 

organizational element. 

(2) The major locations to which such personnel are 

assigned and the organizational structure of those elements. 

(3) The projected budget of the Joint IED Defeat Organization and those other elements relating to the counter-IED mission. 

(4) The level of funding required for administrative costs 

relating to the counter-IED mission. 

(c) EXISTING THREAT AND COUNTER MEASURES.—Each report 

under subsection (a) shall include the following information 

regarding the threat posed by improvised explosive devices and 

the countermeasures employed to defeat those threats: 

(1) The number of improvised explosive devices being 

encountered by United States and allied military personnel, 

including general trends in tactics and technology used by 

the enemy. 

(2) Passive countermeasures employed and the success rate 

of each such countermeasure. 

(3) Active countermeasures employed and the success rate 

of each such countermeasure. 

(4) Any evidence of assistance to the enemy by foreign 

countries or other entities not directly involved in fighting 

United States and allied forces in Iraq and Afghanistan. 

(5) A summary of data collected and reports generated 

by the Department of Defense on efforts to counter improvised 

explosive devices in Iraq and Afghanistan and other fronts 

in the Global War on Terrorism. 

(d) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION OF NEW

COUNTERMEASURES.—Each report under subsection (a) shall include 

the following information regarding research, development, test, 

and evaluation activities relating to new active and passive countermeasures and any impediments to those activities: 
H. R. 5122—353

(1) The status of any effort within the Department of 

Defense to conduct research, development, test, and evaluation 

of passive and active countermeasures and to accelerate the 

introduction of those countermeasures into deployed units. 

(2) Impediments to introduction of new passive and active 

countermeasures. 

(e) INTERDICTION EFFORTS.—

(1) DESCRIPTION OF INTERDICTION EFFORTS.—Each report 

under subsection (a) shall identify those portions of any office 

within the Department of Defense (in addition to those discussed pursuant to subsection (b)) that are focused on interdiction of improvised explosive devices, together with the personnel 

and funding requirements for that office (as specified in subsection (b)) and the success of the interdiction efforts of that 

office. 

(2) INTERDICTION DEFINED.—For purposes of this subsection, the term ‘‘interdiction’’ includes—

(A) the development of intelligence regarding persons 

and locations involved in the manufacture or deployment 

of improvised explosive devices; and 

(B) subsequent action against those persons or locations, including efforts to prevent emplacement of improvised explosive devices. 

SEC. 1403. REQUIREMENT THAT ALL MILITARY WHEELED VEHICLES 

USED IN IRAQ AND AFGHANISTAN OUTSIDE OF SECURE 

MILITARY OPERATING BASES BE PROTECTED BY IMPROVISED EXPLOSIVE DEVICE (IED) JAMMERS. 

(a) REQUIREMENT.—The Secretary of Defense shall take such 

steps as necessary to ensure that by the end of fiscal year 2007 

all United States military wheeled vehicles used in Iraq and 

Afghanistan outside of secure military operating bases are protected 

by Improvised Explosive Device (IED) jammers. 

(b) FUNDING.—The Secretary shall carry out subsection (a) 

using funds provided pursuant to authorizations of appropriations 

in title XV. 

(c) REPORT.—Not later than December 15, 2006, the Secretary 

of Defense shall submit to the congressional defense committees 

a report on the cost and timeline to complete compliance with 

the requirement in subsection (a) that by the end of fiscal year 

2007 each vehicle described in that subsection be protected by 

an Improvised Explosive Device jammer. 

SEC. 1404. REPORT ON ASSESSMENT PROCESS OF CHAIRMAN OF THE 

JOINT CHIEFS OF STAFF RELATING TO GLOBAL WAR ON 

TERRORISM. 

Not later than March 1, 2007, the Secretary of Defense shall 

submit to the Committee on Armed Services of the Senate and 

the Committee on Armed Services of the House of Representatives 

a report on the findings of the semiannual assessment process 

relating to the Global War on Terrorism that is described in the 

annex to the National Military Strategic Plan for the War on 

Terrorism, issued by the Secretary of Defense on February 1, 2006, 

that is designated as the Implementation and Assessment Annex 

(Annex R). 
H. R. 5122—354

SEC. 1405. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF 

CERTAIN CONFIDENTIAL INFORMATION SHARED WITH 

STATE AND LOCAL PERSONNEL. 

(a) IN GENERAL.—Chapter 3 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 130d. Treatment under Freedom of Information Act of certain confidential information shared with State 

and local personnel 

‘‘Confidential business information and other sensitive but 

unclassified homeland security information in the possession of 

the Department of Defense that is shared, pursuant to section 

892 of the Homeland Security Act of 2002 (6 U.S.C. 482), with 

State and local personnel (as defined in such section) shall not 

be subject to disclosure under section 552 of title 5 by virtue 

of the sharing of such information with such personnel.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item:

‘‘130d. Treatment under Freedom of Information Act of certain confidential information shared with State and local personnel.’’.

SEC. 1406. DATABASE OF EMERGENCY RESPONSE CAPABILITIES. 

The Secretary of Defense shall maintain a database of emergency response capabilities that includes the following: 

(1) The types of emergency response capabilities that each 

State’s National Guard, as reported by the States, may be 

able to provide in response to a domestic natural or manmade 

disaster, both to their home States and under State-to-State 

mutual assistance agreements. 

(2) The types of emergency response capabilities that the 

Department of Defense may be able to provide in support 

of the National Response Plan’s Emergency Support Functions, 

and identification of the units that provide these capabilities. 

TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION 

IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Defense-wide activities procurement. 

Sec. 1506. Research, development, test, and evaluation. 

Sec. 1507. Operation and maintenance. 

Sec. 1508. Defense Health Program. 

Sec. 1509. Classified programs. 

Sec. 1510. Military personnel. 

Sec. 1511. Treatment as additional authorizations. 

Sec. 1512. Transfer authority. 

Sec. 1513. Availability of funds. 

Sec. 1514. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1515. Iraq Freedom Fund. 

Sec. 1516. Iraq Security Forces Fund. 

Sec. 1517. Afghanistan Security Forces Fund. 

Sec. 1518. Submittal to Congress of Department of Defense supplemental and cost 

of war execution reports. 
H. R. 5122—355

Sec. 1519. Limitation on availability of funds for certain purposes relating to Iraq. 

Sec. 1520. Intelligence Community Management Account.

SEC. 1501. PURPOSE. 

The purpose of this title is to authorize estimated future emergency supplemental appropriations for the Department of Defense 

for fiscal year 2007 to provide funds for additional costs due to 

Operation Iraqi Freedom and Operation Enduring Freedom. 

SEC. 1502. ARMY PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2007 for procurement accounts of the Army in amounts as follows: (1) For aircraft procurement, $1,524,300,000

(2) For ammunition procurement, $48,591,000. 

(3) For weapons and tracked combat vehicles procurement, $3,022,836,000. 

(4) For other procurement, $4,636,810,000. 

(5) For missile procurement, $3,200,000. 

SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

(a) NAVY.—Funds are hereby authorized to be appropriated 

for fiscal year 2007 for procurement accounts for the Navy in 

amounts as follows: 

(1) For aircraft procurement, $389,465,000

(2) For weapons procurement, $109,400,000. 

(3) For other procurement, $14,600,000. 

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2007 for the procurement account for the 

Marine Corps in the amount of $4,397,926,000. 

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 

authorized to be appropriated for fiscal year 2007 for the procurement account for ammunition for the Navy and the Marine Corps 

in the amount of $151,439,000. 

SEC. 1504. AIR FORCE PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2007 for procurement accounts for the Air Force in amounts as 

follows: 

(1) For aircraft procurement, $2,174,000,000. 

(2) For other procurement, $5,650,000. 

SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2007 for the procurement account for Defense-wide in the amount 

of $127,600,000. 

SEC. 1506. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

Funds are hereby authorized to be appropriated for fiscal year 

2007 for the use of the Department of Defense for research, development, test, and evaluation as follows: 

(1) For the Army, $2,639,000. 

(2) For the Navy, $7,856,000. 

SEC. 1507. OPERATION AND MAINTENANCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2007 for the use of the Armed Forces for expenses, not otherwise 

provided for, for operation and maintenance, in amounts as follows: (1) For the Army, $28,045,387,000. 

(2) For the Navy, $2,007,948,000. 
H. R. 5122—356

(3) For the Marine Corps, $2,257,089,000. 

(4) For the Air Force, $2,478,906,000. 

(5) For Defense-wide activities, $1,544,614,000. 

(6) For the Army National Guard, $221,500,000. 

(7) For the Air National Guard, $2,000,000. 

(8) For the Army Reserve, $500,000. 

SEC. 1508. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2007 for expenses, not otherwise 

provided for, the Defense Health Program, in the amount of 

$869,200,000 for operation and maintenance. 

SEC. 1509. CLASSIFIED PROGRAMS. 

Funds are hereby authorized to be appropriated to the Department of Defense for fiscal year 2007 for classified programs, in 

the amount of $2,500,000,000. 

SEC. 1510. MILITARY PERSONNEL. 

There is hereby authorized to be appropriated to the Department of Defense for military personnel accounts for fiscal year 

2007 a total of $8,106,979,000. 

SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

The amounts authorized to be appropriated by this title are 

in addition to amounts otherwise authorized to be appropriated 

by this Act. 

SEC. 1512. TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— (1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this title for fiscal 

year 2007 between any such authorizations for that fiscal year 

(or any subdivisions thereof). Amounts of authorizations so 

transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—The total amount of authorizations that 

the Secretary may transfer under the authority of this section 

may not exceed $2,500,000,000. The transfer authority provided 

in this section is in addition to any other transfer authority 

available to the Secretary of Defense. 

(b) LIMITATIONS.—The authority provided by this section to 

transfer authorizations—

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority 

is transferred; 

(2) may not be used to provide authority for an item that 

has been denied authorization by Congress; and 

(3) may not be combined with the authority under section 

1001. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another under the authority of this section 

shall be deemed to increase the amount authorized for the account 

to which the amount is transferred by an amount equal to the 

amount transferred. 
H. R. 5122—357

(d) NOTICE TO CONGRESS.—A transfer may be made under 

the authority of this section only after the Secretary of Defense—

(1) consults with the chairmen and ranking members of 

the congressional defense committees with respect to the proposed transfer; and 

(2) after such consultation, notifies those committees in 

writing of the proposed transfer not less than five days before 

the transfer is made. 

SEC. 1513. AVAILABILITY OF FUNDS. 

Funds in this title shall be made available for obligation to 

the Army, Navy, Marine Corps, Air Force, and Defense-wide components by the end of the second quarter of fiscal year 2007. 

SEC. 1514. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 

(a) AUTHORIZATION OF APPROPRIATION.—Funds are hereby 

authorized for fiscal year 2007 for the Joint Improvised Explosive 

Device Defeat Fund in the amount of $2,100,000,000. 

(b) USE OF FUNDS.—Funds appropriated pursuant to subsection 

(a) shall be available to the Secretary of Defense for the purpose 

of allowing the Director of the Joint Improvised Explosive Device 

Defeat Organization to investigate, develop, and provide equipment, 

supplies, services, training, facilities, personnel, and funds to assist 

United States forces in the defeat of improvised explosive devices. 

(c) TRANSFER AUTHORITY.— (1) TRANSFERS AUTHORIZED.—Amounts authorized to be 

appropriated by subsection (a) may be transferred from the 

Joint Improvised Explosive Device Defeat Fund to any of the 

following accounts and funds of the Department of Defense 

to accomplish the purposes provided in subsection (b): 

(A) Military personnel accounts. 

(B) Operation and maintenance accounts. 

(C) Procurement accounts. 

(D) Research, development, test, and evaluation 

accounts. 

(E) Defense working capital funds. 

(2) ADDITIONAL TRANSFER AUTHORITY.—The transfer 

authority provided by paragraph (1) is in addition to any other 

transfer authority available to the Department of Defense. 

(3) TRANSFERS BACK TO THE FUND.—Upon determination 

that all or part of the funds transferred from the Joint Improvised Explosive Device Defeat Fund under paragraph (1) are 

not necessary for the purpose provided, such funds may be 

transferred back to the Joint Improvised Explosive Device 

Defeat Fund. 

(4) PRIOR NOTICE TO CONGRESSIONAL COMMITTEES.—Funds 

may not be obligated from the Joint Improvised Explosive 

Device Defeat Fund, or transferred under the authority provided in paragraph (1), until five days after the date on which 

the Secretary of Defense notifies the congressional defense 

committees in writing of the details of the proposed obligation 

or transfer. 

(5) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer of 

an amount to an account under the authority in paragraph 

(1) shall be deemed to increase the amount authorized for 

such account by an amount equal to the amount transferred. 

(d) MANAGEMENT PLAN.—
H. R. 5122—358

(1) PLAN REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary shall submit to 

the congressional defense committees a plan for the intended 

management and use of the Joint Improvised Explosive Device 

Defeat Fund. 

(2) MATTER TO BE INCLUDED.—The plan required by paragraph (1) shall include an update of the plan required in 

the paragraph under the heading ‘‘Joint Improvised Explosive 

Device Defeat Fund’’ in chapter 2 of title I of the Emergency 

Supplemental Appropriations Act for Defense, the Global War 

on Terror, and Hurricane Recovery, 2006 (Public Law 109–

234; 120 Stat. 424), including identification of—

(A) year-to-date transfers and obligations; and 

(B) projected transfers and obligations through September 30, 2007. 

(e) QUARTERLY REPORTS.—Not later than 30 days after the 

end of each fiscal-year quarter, the Secretary shall submit to the 

congressional defense committees a report summarizing the detail 

of any obligation or transfer of funds from the Joint Improvised 

Explosive Device Defeat Fund plan required by subsection (d). 

(f) DURATION OF AUTHORITY.—Amounts appropriated to the 

Fund are available for obligation or transfer from the Fund until 

September 30, 2009. 

SEC. 1515. IRAQ FREEDOM FUND. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal year 2007 for the Iraq Freedom Fund in the 

amount of $50,000,000. 

(b) TRANSFER.—

(1) TRANSFER AUTHORIZED.—Subject to paragraph (2), 

amounts authorized to be appropriated by subsection (a) may 

be transferred from the Iraq Freedom Fund to any accounts 

as follows: 

(A) Operation and maintenance accounts of the Armed 

Forces. 

(B) Military personnel accounts. 

(C) Research, development, test, and evaluation 

accounts of the Department of Defense. 

(D) Procurement accounts of the Department of 

Defense. 

(E) Accounts providing funding for classified programs. 

(F) The operating expenses account of the Coast Guard. 

(2) NOTICE TO CONGRESS.—A transfer may not be made 

under the authority in paragraph (1) until five days after 

the date on which the Secretary of Defense notifies the congressional defense committees in writing of the transfer. 

(3) TREATMENT OF TRANSFERRED FUNDS.—Amounts transferred to an account under the authority in paragraph (1) 

shall be merged with amounts in such account and shall be 

made available for the same purposes, and subject to the same 

conditions and limitations, as amounts in such account. 

(4) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer of 

an amount to an account under the authority in paragraph 

(1) shall be deemed to increase the amount authorized for 

such account by an amount equal to the amount transferred. 
H. R. 5122—359

SEC. 1516. IRAQ SECURITY FORCES FUND. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal year 2007 for the Iraq 

Security Forces Fund in the amount of $1,734,000,000. 

(b) USE OF FUNDS.—

(1) IN GENERAL.—Funds appropriated pursuant to subsection (a) shall be available to the Secretary of Defense for 

the purpose of allowing the Commander, Multi-National Security Transition Command—Iraq, to provide assistance to the 

security forces of Iraq. 

(2) TYPES OF ASSISTANCE AUTHORIZED.—Assistance provided 

under this section may include the provision of equipment, 

supplies, services, training, facility and infrastructure repair, 

renovation, construction, and funding. 

(3) SECRETARY OF STATE CONCURRENCE.—Assistance may 

be provided under this section only with the concurrence of 

the Secretary of State. 

(c) AUTHORITY IN ADDITION TO OTHER AUTHORITIES.—The 

authority to provide assistance under this section is in addition 

to any other authority to provide assistance to foreign nations. 

(d) TRANSFER AUTHORITY.—

(1) TRANSFERS AUTHORIZED.—Subject to paragraph (2), 

amounts authorized to be appropriated by subsection (a) may 

be transferred from the Iraq Security Forces Fund to any 

of the following accounts and funds of the Department of 

Defense to accomplish the purposes provided in subsection (b): 

(A) Military personnel accounts. 

(B) Operation and maintenance accounts. 

(C) Procurement accounts. 

(D) Research, development, test, and evaluation 

accounts. 

(E) Defense working capital funds. 

(F) Overseas Humanitarian, Disaster, and Civic Aid 

account. 

(2) ADDITIONAL AUTHORITY.—The transfer authority provided by paragraph (1) is in addition to any other transfer 

authority available to the Department of Defense. 

(3) TRANSFERS BACK TO THE FUND.—Upon determination 

that all or part of the funds transferred from the Iraq Security 

Forces Fund under paragraph (1) are not necessary for the 

purpose provided, such funds may be transferred back to the 

Iraq Security Forces Fund. 

(4) PRIOR NOTICE TO CONGRESSIONAL COMMITTEES.—Funds 

may not be obligated from the Iraq Security Forces Fund, 

or transferred under the authority provided in paragraph (1), 

until five days after the date on which the Secretary of Defense 

notifies the congressional defense committees in writing of the 

details of the proposed obligation or transfer. 

(5) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer of 

an amount to an account under the authority in paragraph 

(1) shall be deemed to increase the amount authorized for 

such account by an amount equal to the amount transferred. 

(e) CONTRIBUTIONS.—

(1) AUTHORITY TO ACCEPT CONTRIBUTIONS.—Contributions 

of funds for the purposes provided in subsection (b) from any 

person, foreign government, or international organization may 
H. R. 5122—360

be credited to the Iraq Security Forces Fund and used for 

the purposes provided in subsection (b). 

(2) LIMITATION.—The Secretary may not accept a contribution under this subsection if the acceptance of the contribution 

would compromise or appear to compromise the integrity of 

any program of the Department of Defense. 

(3) NOTIFICATION.—The Secretary shall notify the congressional defense committees in writing upon the receipt and 

upon the transfer of any contribution. Such notice shall delineate the sources and amounts of the funds received and the 

specific use of such contributions. 

(f) QUARTERLY REPORTS.—Not later than 30 days after the 

end of each fiscal-year quarter, the Secretary shall submit to the 

congressional defense committees a report summarizing the details 

of any obligation or transfer of funds from the Iraq Security Forces 

Fund during the preceding quarter. 

(g) DURATION OF AUTHORITY.—Amounts appropriated or 

contributed to the Fund are available for obligation or transfer 

from the Iraq Security Forces Fund until September 30, 2008. 

SEC. 1517. AFGHANISTAN SECURITY FORCES FUND. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal year 2007 for the Afghanistan Security Forces Fund in the amount of $1,446,300,000. 

(b) USE OF FUNDS.—

(1) IN GENERAL.—Funds appropriated pursuant to subsection (a) shall be available to the Secretary of Defense for 

the purpose of allowing the Commander, Office of Security 

Cooperation—Afghanistan, to provide assistance to the security 

forces of Afghanistan. 

(2) TYPES OF ASSISTANCE AUTHORIZED.—Assistance provided 

under this section may include the provision of equipment, 

supplies, services, training, facility and infrastructure repair, 

renovation, construction, and funding. 

(3) SECRETARY OF STATE CONCURRENCE.—Assistance may 

be provided under this section only with the concurrence of 

the Secretary of State. 

(c) AUTHORITY IN ADDITION TO OTHER AUTHORITIES.—The 

authority to provide assistance under this section is in addition 

to any other authority to provide assistance to foreign nations. 

(d) TRANSFER AUTHORITY.—

(1) TRANSFERS AUTHORIZED.—Subject to paragraph (2), 

amounts authorized to be appropriated by subsection (a) may 

be transferred from the Afghanistan Security Forces Fund to 

any of the following accounts and funds of the Department 

of Defense to accomplish the purposes provided in subsection 

(b): 

(A) Military personnel accounts. 

(B) Operation and maintenance accounts. 

(C) Procurement accounts. 

(D) Research, development, test, and evaluation 

accounts. 

(E) Defense working capital funds. 

(F) Overseas Humanitarian, Disaster, and Civic Aid 

account. 
H. R. 5122—361

(2) ADDITIONAL AUTHORITY.—The transfer authority provided by paragraph (1) is in addition to any other transfer 

authority available to the Department of Defense. 

(3) TRANSFERS BACK TO THE FUND.—Upon determination 

that all or part of the funds transferred from the Afghanistan 

Security Forces Fund under paragraph (1) are not necessary 

for the purpose provided, such funds may be transferred back 

to the Afghanistan Security Forces Fund. 

(4) PRIOR NOTICE TO CONGRESSIONAL COMMITTEES.—Funds 

may not be obligated from the Afghanistan Security Forces 

Fund, or transferred under the authority provided in paragraph 

(1), until five days after the date on which the Secretary of 

Defense notifies the congressional defense committees in 

writing of the details of the proposed obligation or transfer. 

(5) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer of 

an amount to an account under the authority in paragraph 

(1) shall be deemed to increase the amount authorized for 

such account by an amount equal to the amount transferred. 

(e) CONTRIBUTIONS.—

(1) AUTHORITY TO ACCEPT CONTRIBUTIONS.—Contributions 

of funds for the purposes provided in subsection (b) from any 

person, foreign government, or international organization may 

be credited to the Afghanistan Security Forces Fund and used 

for the purposes provided in subsection (b). 

(2) LIMITATION.—The Secretary may not accept a contribution under this subsection if the acceptance of the contribution 

would compromise or appear to compromise the integrity of 

any program of the Department of Defense. 

(3) NOTIFICATION.—The Secretary shall notify the congressional defense committees in writing upon the receipt and 

upon the transfer of any contribution. Such notice shall delineate the sources and amounts of the funds received and the 

specific use of such contributions. 

(f) QUARTERLY REPORTS.—Not later than 30 days after the 

end of each fiscal-year quarter, the Secretary shall submit to the 

congressional defense committees a report summarizing the details 

of any obligation or transfer of funds from the Afghanistan Security 

Forces Fund during the preceding quarter. 

(g) DURATION OF AUTHORITY.—Amounts appropriated or 

contributed to the Fund are available for obligation or transfer 

from the Afghanistan Security Forces Fund until September 30, 

2008. 

SEC. 1518. SUBMITTAL TO CONGRESS OF DEPARTMENT OF DEFENSE 

SUPPLEMENTAL AND COST OF WAR EXECUTION 

REPORTS. 

Section 1221(c) of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3462; 10 U.S.C. 

113 note) is amended—

(1) in the subsection caption by inserting ‘‘CONGRESS AND’’ 

after ‘‘SUBMISSION TO’’; and 

(2) by inserting ‘‘the congressional defense committees and’’ 

before ‘‘the Comptroller General’’. 
H. R. 5122—362

SEC. 1519. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 

PURPOSES RELATING TO IRAQ. 

No funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended for a purpose 

as follows: 

(1) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Iraq. 

(2) To exercise United States economic control of the oil 

resources of Iraq. 

SEC. 1520. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. 

There is hereby authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2007 a 

total of $19,265,000. 

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 

SEC. 2001. SHORT TITLE. 

This division may be cited as the ‘‘Military Construction 

Authorization Act for Fiscal Year 2007’’. 

SEC. 2002. RECOGNITION OF REPRESENTATIVE JOEL HEFLEY UPON 

HIS RETIREMENT FROM THE HOUSE OF REPRESENTATIVES. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Representative Joel Hefley was elected to represent 

Colorado’s 5th Congressional district in 1986 and has served 

in the House of Representatives since that time with distinction, 

class, integrity, and honor. 

(2) Representative Hefley has served on the Committee 

on Armed Services of the House of Representatives for 18 

years, including service as Chairman of the Subcommittee on 

Military Installations and Facilities from 1995 through 2000 

and, since 2001, as Chairman of the Subcommittee on Readiness. 

(3) Representative Hefley’s colleagues know him to be a 

fair and effective lawmaker who works for the national interest 

while never forgetting his Western roots. 

(4) Representative Hefley’s efforts on the Committee on 

Armed Services have been instrumental to the military value 

of, and quality of life at, installations in the State of Colorado, 

including Fort Carson, Cheyenne Mountain, Peterson Air Force 

Base, Schriever Air Force Base, Buckley Air Force Base, and 

the United States Air Force Academy. 

(5) Representative Hefley was a leader in efforts to retain 

and expand Fort Carson as an essential part of the national 

defense system during the Defense Base Closure and Realignment process. 

(6) Representative Hefley has consistently advocated for 

providing members of the Armed Forces and their families 

with quality, safe, and affordable housing and supportive 

communities. 

(7) As a primary architect of the Military Housing 

Privatization Initiative, Representative Hefley helped lead 
H. R. 5122—363

congressional efforts to establish this initiative to eliminate 

inadequate housing on military installations, and the first pilot 

program was located at Fort Carson. 

(8) Representative Hefley’s leadership on the Military 

Housing Privatization Initiative has allowed for the privatization of more than 121,000 units of military family housing, 

which brought meaningful improvements to living conditions 

for thousands of members of the Armed Forces and their 

spouses and children at installations throughout the United 

States. 

(b) RECOGNITION.—Congress recognizes and commends Representative Joel Hefley for his 20 years of service to benefit the 

people of Colorado, members of the Armed Forces and their families, 

veterans, and the United States. 

TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects 

Sec. 2102. Family housing 

Sec. 2103. Improvements to military family housing units 

Sec. 2104. Authorization of appropriations, Army

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(1), the Secretary of the Army may acquire real property 

and carry out military construction projects for the installations 

or locations inside the United States, and in the amounts, set 

forth in the following table:

Army: Inside the United States

State Installation or Location Amount

Alabama .............................. Redstone Arsenal .................................. $24,300,000

Alaska ................................. Fort Richardson .................................... $72,300,000

Fort Wainwright ................................... $8,800,000

Fort Irwin .............................................. $18,200,000

Fort Carson ........................................... $30,800,000

Fort Gillem ............................................ $15,000,000

Fort Stewart/Hunter Army Air Field .. $95,300,000 Hawaii ................................. Schofield Barracks ................................ $54,500,000

Kansas ................................. Fort Leavenworth ................................. $23,200,000

Fort Riley .............................................. $47,400,000 Kentucky ............................. Blue Grass Army Depot ....................... $3,500,000 Fort Campbell ....................................... $135,300,000 Louisiana ............................ Fort Polk ............................................... $15,900,000

Maryland ............................. Aberdeen Proving Ground ................... $8,800,000 Fort Detrick .......................................... $12,400,000

Michigan ............................. Detroit Arsenal ..................................... $18,500,000

Missouri .............................. Fort Leonard Wood ............................... $34,500,000

New Jersey ......................... Picatinny Arsenal ................................. $9,900,000

New York ............................ Fort Drum ............................................. $218,600,000

North Carolina ................... Fort Bragg ............................................. $96,900,000 Sunny Point Military Ocean Terminal $46,000,000 Oklahoma ............................ McAlester Army Ammunition Plant ... $3,050,000

Pennsylvania ...................... Letterkenny Depot ................................ $7,500,000

Texas ................................... Corpus Christi Army Depot ................. $12,200,000 Fort Bliss ............................................... $8,200,000

Fort Hood .............................................. $93,000,000

Red River Depot ................................... $6,000,000

Utah .................................... Dugway Proving Ground ...................... $14,400,000
H. R. 5122—364

Army: Inside the United States—Continued

State Installation or Location Amount

Virginia ............................... Fort Belvoir ........................................... $27,000,000

Army: Inside the United States

State Installation or Location Amount

Alabama ............................................. Redstone Arsenal ................... $24,300,000

Alaska ................................................ Fort Richardson ..................... $72,300,000

Fort Wainwright .................... $8,800,000

California ........................................... Fort Irwin ............................... $18,200,000

Colorado ............................................. Fort Carson ............................ $30,800,000

Georgia ............................................... Fort Gillem ............................. $15,000,000

Fort Stewart/Hunter Army 

Air Field.

$95,300,000

Hawaii ................................................ Schofield Barracks ................. $54,500,000

Kansas ............................................... Fort Leavenworth .................. $23,200,000

Fort Riley ............................... $47,400,000

Kentucky ............................................ Blue Grass Army Depot ........ $3,500,000

Fort Campbell ........................ $135,300,000

Louisiana ........................................... Fort Polk ................................. $15,900,000

Maryland ........................................... Aberdeen Proving Ground ..... $8,800,000

Fort Detrick ............................ $12,400,000

Michigan ............................................ Detroit Arsenal ...................... $18,500,000

Missouri ............................................. Fort Leonard Wood ................ $34,500,000

New Jersey ........................................ Picatinny Arsenal .................. $9,900,000

New York ........................................... Fort Drum .............................. $218,600,000

North Carolina .................................. Fort Bragg .............................. $96,900,000

Sunny Point Military Ocean 

Terminal.

$46,000,000

Oklahoma .......................................... McAlester Army Ammunition 

Plant.

$3,050,000

Pennsylvania ..................................... Letterkenny Depot ................. $7,500,000

Texas .................................................. Corpus Christi Army Depot .. $12,200,000

Fort Bliss ................................ $8,200,000

Fort Hood ............................... $93,000,000

Red River Depot ..................... $6,000,000

Utah ................................................... Dugway Proving Ground ....... $14,400,000

Virginia .............................................. Fort Belvoir ............................ $27,000,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(2), the Secretary of the Army may acquire real property 

and carry out military construction projects for the installations 

or locations outside the United States, and in the amounts, set 

forth in the following table:

Army: Outside the United States

Country Installation or Location Amount

Germany .......................................... Grafenwoehr ............................. $157,632,000

Vilseck ...................................... $19,000,000

Italy .................................................. Vicenza ..................................... $223,000,000

Japan ................................................ Camp Hansen .......................... $7,150,000

Korea ................................................ Camp Humphreys .................... $61,600,000

Yongpyong ................................ $7,400,000

Romania ........................................... Babadag Range ........................ $34,800,000
H. R. 5122—365

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(a)(5)(A), the Secretary of the Army may construct or acquire 

family housing units (including land acquisition and supporting 

facilities) at the installations or locations, in the number of units, 

and in the amounts set forth in the following table:

Army: Family Housing

State Installation or Location Units Amount

Alaska ................................ Fort Richardson ................ 162 $70,000,000 Fort Wainwright ............... 234 $132,000,000 Arizona .............................. Fort Huachuca .................. 119 $32,000,000

Arkansas ............................ Pine Bluff Arsensal .......... 10 $2,900,000

Wisconsin ........................... Fort McCoyine .................. 13 $4,900,000

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(5)(A), the Secretary of the Army may carry out architectural 

and engineering services and construction design activities with 

respect to the construction or improvement of family housing units 

in an amount not to exceed $16,332,000. 

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may 

improve existing military family housing units in an amount not 

to exceed $320,659,000. 

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2006, for military construction, land acquisition, and 

military family housing functions of the Department of the Army 

in the total amount of $3,518,450,000 as follows: 

(1) For military construction projects inside the United States authorized by section 2101(a), $1,362,200,000. 

(2) For military construction projects outside the United States authorized by section 2101(b), $510,582,000. 

(3) For unspecified minor military construction projects 

authorized by section 2805 of title 10, United States Code, 

$23,930,000. 

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$219,830,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $578,791,000. 

(B) For support of military family housing (including 

the functions described in section 2833 of title 10, United 

States Code), $675,617,000. 

(6) For the construction of increment 2 of a barracks complex at Fort Drum, New York, authorized by section 2101(a) 
H. R. 5122—366

of the Military Construction Authorization Act for Fiscal Year 

2006 (division B of Public Law 109–163; 119 Stat. 3485), 

$16,500,000. 

(7) For the construction of increment 2 of a barracks complex for the 2nd Brigade at Fort Bragg, North Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–

163; 119 Stat. 3485), $31,000,000. 

(8) For the construction of increment 2 of a barracks complex for the 3rd Brigade at Fort Bragg, North Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–

163; 119 Stat. 3485), $50,000,000. 

(9) For the construction of increment 2 of a barracks complex for divisional artillery at Fort Bragg, North Carolina, 

authorized by section 2101(a) of the Military Construction 

Authorization Act for Fiscal Year 2006 (division B of Public 

Law 109–163; 119 Stat. 3485), $37,000,000. 

(10) For the construction of increment 2 of a defense access 

road at Fort Belvoir, Virginia, authorized by section 2101(a) 

of the Military Construction Authorization Act for Fiscal Year 

2006 (division B of Public Law 109–163; 119 Stat. 3486), 

$13,000,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2101 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1) and (2) of subsection (a). (2) $306,000,000 (the balance of the amount authorized 

under section 2101(a) for construction of a brigade complex 

for Fort Lewis, Washington). 

TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification of authority to carry out certain fiscal year 2004, 2005, and 

2006 projects.

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(1), the Secretary of the Navy may acquire real property 

and carry out military construction projects for the installations 

or locations inside the United States, and in the amounts, set 

forth in the following table:

Navy: Inside the United States

State Installation or Location Amount

Arizona .................................. Marine Corps Air Station, Yuma .. $5,966,000

California .............................. Marine Corps Air Station, Camp 

Pendleton.

$6,412,000
H. R. 5122—367

Navy: Inside the United States—Continued

State Installation or Location Amount

Marine Corps Air Station, 

Miramar.

$2,968,000

Marine Corps Base, Camp Pendleton.$106,142,000

Marine Corps Base, Twentynine 

Palms.

$27,217,000

Naval Air Station, North Island ... $21,535,000

Naval Support Activity, Monterey $7,380,000

Connecticut ........................... Naval Submarine Base, New London.$9,580,000

Florida .................................. Cape Canaveral .............................. $9,900,000 Naval Air Station, Pensacola ........ $13,486,000

Georgia ................................. Marine Corps Logistics Base, Albany.$70,540,000

Navy/Naval Submarine Base, 

Kings Bay.

$20,282,000

Hawaii .................................. Naval Base, Pearl Harbor ............. $48,338,000

Naval Magazine, Pearl Harbor ..... $6,010,000

Naval Shipyard, Pearl Harbor ...... $22,000,000 Indiana ................................. Naval Support Activity, Crane ...... $6,730,000

Maine .................................... Portsmouth Naval Shipyard .......... $9,650,000

Maryland .............................. Naval Air Station, Patuxent River $16,316,000

NMIC/Naval Support Activity, 

Suitland.

$67,939,000

Mississippi ............................ Naval Air Station, Meridian .......... $5,870,000

Nevada .................................. Naval Air Station, Fallon .............. $7,730,000

North Carolina ..................... Marine Corps Air Station, Cherry 

Point.

$2,790,000

Marine Corps Air Station, New 

River.

$21,500,000

Marine Corps Base, Camp 

Lejeune.

$160,904,000

Rhode Island ........................ Naval Station, Newport ................. $3,308,000

South Carolina ..................... Marine Corps Air Station, Beaufort.$25,575,000

Virginia ................................. Marine Corps Base, Quantico ....... $30,628,000 Naval Shipyard, Norfolk ................ $34,952,000

Naval Special Weapons Center, 

Dahlgren.

$9,850,000

Naval Station, Norfolk ................... $12,062,000

Naval Support Activity, Norfolk ... $41,712,000

Washington ........................... Naval Air Station, Whidbey Island $67,303,000 Naval Base, Kitsap ........................ $17,617,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(2), the Secretary of the Navy may acquire real property 

and carry out military construction projects for the installations 

or locations outside the United States, and in the amounts, set 

forth in the following table:

Navy: Outside the United States

Country Installation or Location Amount

Diego Garcia .................... Diego Garcia ........................................ $37,473,000

Italy .................................. Naval Air Station, Sigonella ............... $13,051,000

(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(3), the Secretary of the Navy may acquire real property 

and carry out military construction projects for unspecified installations or locations in the amount set forth in the following table:
H. R. 5122—368

Navy: Unspecified Worldwide

Location Project Amount

........................................... Helicopter Support Facility ................ $12,185,000

SEC. 2202. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2204(a)(6)(A), the Secretary of the Navy may construct or acquire 

family housing units (including land acquisition and supporting 

facilities) at the installations, in the number of units, and in the 

amounts set forth in the following table:

Navy: Family Housing

Location Installation Units Amount

California ................ Marine Corps Log. Base, Barstow.74 ........ $27,851,000

Guam ....................... Naval Station/Base, Guam ......... 176 ...... $98,174,000

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(6)(A), the Secretary of the Navy may carry out architectural 

and engineering services and construction design activities with 

respect to the construction or improvement of military family 

housing units in an amount not to exceed $2,785,000. 

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(6)(A), the Secretary of the Navy may 

improve existing military family housing units in an amount not 

to exceed $180,146,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2006, for military construction, land acquisition, and 

military family housing functions of the Department of the Navy 

in the total amount of $2,109,367,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2201(a), $832,982,000. 

(2) For military construction projects outside the United 

States authorized by section 2201(b), $50,524,000. 

(3) For military construction projects at unspecified worldwide locations authorized by section 2201(c), $12,185,000. 

(4) For unspecified minor military construction projects 

authorized by section 2805 of title 10, United States Code, 

$8,939,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$70,861,000. 

(6) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $308,956,000. 
H. R. 5122—369

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United States 

Code), $509,126,000. 

(7) For the construction of increment 2 of a reclamation 

and conveyance project for Marine Corps Base, Camp Pendleton, California, authorized by section 2201(a) of the Military 

Construction Authorization Act of Fiscal Year 2006 (division 

B of Public Law 109–163; 119 Stat. 3490), as amended by 

section 2205(c) of this Act, $33,290,000. 

(8) For the construction of increment 2 of a helicopter 

hangar replacement at Naval Air Station, Jacksonville, Florida, 

authorized by section 2201(a) of the Military Construction 

Authorization Act for Fiscal Year 2006 (division B of Public 

Law 109–163; 119 Stat. 3489), $43,250,000. 

(9) For the construction of increment 2 of recruit training 

barracks infrastructure upgrades at Recruit Training Command, Great Lakes, Illinois, authorized by section 2201(a) of 

the Military Construction Authorization Act for Fiscal Year 

2006 (division B of Public Law 109–163; 119 Stat. 3490), 

$23,589,000. 

(10) For the construction of increment 2 of a field house 

at the United States Naval Academy, Annapolis, Maryland, 

authorized by section 2201(a) of the Military Construction 

Authorization Act of Fiscal Year 2006 (division B of Public 

Law 109–163; 119 Stat. 3490), $26,685,000. 

(11) For the construction of increment 2 of the replacement 

of Ship Repair Pier 3 at Naval Support Activity, Norfolk Naval 

Shipyard, Virginia, authorized by section 2201(a) of the Military 

Construction Authorization Act of Fiscal Year 2006 (division 

B of Public Law 109–163; 119 Stat. 3490), $30,939,000. 

(12) For the construction of increment 2 of an addition 

to Hockmuth Hall, Marine Corps Base, Quantico, Virginia, 

authorized by section 2201(a) of the Military Construction 

Authorization Act of Fiscal Year 2006 (division B of Public 

Law 109–163; 119 Stat. 3490), $10,159,000. 

(13) For the construction of increment 2 of wharf upgrades 

at Naval Station Guam, Marianas Islands, authorized by section 2201(b) of the Military Construction Authorization Act 

for Fiscal Year 2006 (division B of Public Law 109–163; 119 

Stat. 3490), $29,772,000. 

(14) For the construction of increment 2 of wharf upgrades 

at Yokosuka, Japan, authorized by section 2201(b) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 3490), $44,360,000. 

(15) For the construction of increment 2 of bachelor quarters at Naval Station, Everett, Washington, authorized by section 2201(a) of the Military Construction Authorization Act 

of Fiscal Year 2006 (division B of Public Law 109–163; 119 

Stat. 3490), $20,917,000. 

(16) For the construction of increment 3 of the limited 

area production and storage complex at Strategic Weapons 

Facility Pacific, Bangor, Washington, authorized by section 

2201(a) of the Military Construction Authorization Act for 

Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat. 

2105), as amended by section 2206 of the Military Construction 

Authorization Act for Fiscal Year 2006 (division B of Public 

Law 109–163; 119 Stat. 3493, $14,274,000. 
H. R. 5122—370

(17) For the construction of the next increment of the 

outlaying landing field facilities at Washington County, North 

Carolina, authorized by section 2201(a) of the Military 

Construction Authorization Act for Fiscal Year 2004 (division 

B of Public Law 108–136; 117 Stat. 1704), as amended by 

section 2205(a) of this Act, $7,926,000. 

(18) For the construction of increment 4 of pier 11 replacement at Naval Station, Norfolk, Virginia, authorized by section 

2201(a) of the Military Construction Authorization Act for 

Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 

1704), $30,633,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2201 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1), (2), and (3) of subsection (a). 

(2) $56,159,000 (the balance of the amount authorized 

under section 2201(a) for construction of an addition to the 

National Maritime Intelligence Center, Suitland, Maryland). 

(3) $31,153,000 (the balance of the amount authorized 

under section 2201(a) to recapitalize Hangar 5 at Naval Air 

Station, Whidbey Island, Washington). 

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2004, 2005, AND 2006 PROJECTS. 

(a) FISCAL YEAR 2004 INSIDE THE UNITED STATES PROJECT.— (1) MODIFICATION.—The table in section 2201(a) of the 

Military Construction Authorization Act for Fiscal Year 2004 

(division B of Public Law 108–136; 117 Stat. 1704), as amended 

by section 2205 of the Military Construction Authorization Act 

for Fiscal Year 2006 (division B of Public Law 109–163; 119 

Stat. 3492), is amended—

(A) at the end of the items relating to North Carolina, 

by inserting a new item entitled ‘‘Navy Outlying Landing 

Field, Washington County’’ in the amount of 

‘‘$193,260,000’’; 

(B) by striking the item relating to Various Locations, 

CONUS; and 

(C) by striking the amount identified as the total in the amount column and inserting ‘‘$1,489,424,000’’. 

(2) CONFORMING AMENDMENTS.—Section 2204(b)(6) of that 

Act (117 Stat. 1706) is amended—

(A) by striking ‘‘$28,750,000’’ and inserting ‘‘$165,650,000’’; and 

(B) by striking ‘‘outlying landing field facilities, various 

locations in the continental United States’’ and inserting 

‘‘an outlying landing field in Washington County, North 

Carolina’’. 

(b) FISCAL YEAR 2005 INSIDE THE UNITED STATES PROJECT.—

(1) MODIFICATION.—The table in section 2201(a) of the 

Military Construction Authorization Act for Fiscal Year 2005 

(division B of Public Law 108–375; 118 Stat. 2105), as amended 

by section 2206 of the Military Construction Authorization Act 

for Fiscal Year 2006 (division B of Public Law 109–163; 119 

Stat. 3493), is amended—
H. R. 5122—371

(A) by striking the item relating to Navy Outlying 

Landing Field, Washington County, North Carolina; and 

(B) by striking the amount identified as the total in 

the amount column and inserting ‘‘$825,479,000’’. 

(2) CONFORMING AMENDMENTS.—Section 2204 of that Act 

(118 Stat. 2107), as amended by section 2206 of the Military 

Construction Authorization Act for Fiscal Year 2006 (division 

B of Public Law 109–163; 119 Stat. 3493), is amended—

(A) in subsection (a)—

(i) in paragraph (1), by striking ‘‘$752,927,000’’ 

and inserting ‘‘722,927,000’’; and 

(ii) by adding at the end the following new paragraph: 

‘‘(10) For the construction of increment 2 of the Navy 

outlying landing field in Washington County, North Carolina, 

authorized by section 2201(a) of the Military Construction 

Authorization Act for Fiscal Year 2004 (division B of Public 

Law 108–136; 117 Stat. 1704), as amended by section 2205(a) 

of the Military Construction Authorization Act for Fiscal Year 

2007, $30,000,000.’’; and 

(B) in subsection (b), by striking paragraph (3). 

(c) FISCAL YEAR 2006 INSIDE THE UNITED STATES PROJECT.— (1) MODIFICATION.—The table in section 2201(a) of the 

Military Construction Authorization Act for Fiscal Year 2006 

(division B of Public Law 109–163; 119 Stat. 3489) is amended 

in the item related to Marine Corps Base, Camp Pendleton, 

California, by striking ‘‘$90,437,000’’ in the amount column 

and inserting ‘‘$86,006,000’’. 

(2) CONFORMING AMENDMENTS.—Section 2204(b)(2) of that 

Act (119 Stat. 3492) is amended by striking ‘‘$37,721,000’’ and 

inserting ‘‘$33,290,000’’. 

TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Modification of authority to carry out certain fiscal year 2006 project.

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2304(a)(1), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for the installations 

or locations inside the United States, and in the amounts, set 

forth in the following table:

Air Force: Inside the United States

State Installation or Location Amount

Alaska ...................... Eielson Air Force Base ............................ $38,300,000

Elmendorf Air Force Base ....................... $68,100,000

Arizona .................... Davis-Monthan Air Force Base ............... $11,800,000

Arkansas ................. Little Rock Air Force Base ...................... $9,800,000

California ................ Beale Air Force Base ............................... $28,000,000

Travis Air Force Base .............................. $85,800,000
H. R. 5122—372

Air Force: Inside the United States—Continued

State Installation or Location Amount

Colorado .................. Buckley Air Force Base ........................... $10,700,000

Peterson Air Force Base .......................... $4,900,000

Schriever Air Force Base ......................... $21,000,000

Delaware ................. Dover Air Force Base ............................... $30,400,000

Florida ..................... Eglin Air Force Base ................................ $30,350,000

Hurlburt Field .......................................... $32,950,000

MacDill Air Force Base ........................... $71,000,000

Tyndall Air Force Base ............................ $8,200,000

Georgia .................... Robins Air Force Base ............................. $59,600,000

Hawaii ..................... Hickam Air Force Base ............................ $28,538,000

Illinois ..................... Scott Air Force Base ................................ $28,200,000

Kansas ..................... McConnell Air Force Base ....................... $3,875,000

Kentucky ................. Fort Knox .................................................. $3,500,000

Maryland ................. Andrews Air Force Base .......................... $29,000,000

Massachusetts ......... Hanscom Air Force Base ......................... $12,400,000

Missouri ................... Whiteman Air Force Base ....................... $3,800,000

Montana .................. Malmstrom Air Force Base ..................... $5,700,000

Nevada .................... Indian Springs Auxiliary Field ............... $49,923,000

New Jersey .............. McGuire Air Force Base .......................... $28,500,000

New Mexico ............. Kirtland Air Force Base .......................... $11,400,000

North Dakota .......... Minot Air Force Base ............................... $9,000,000

Oklahoma ................ Altus Air Force Base ................................ $9,500,000

Tinker Air Force Base ............................. $5,700,000

South Carolina ........ Charleston Air Force Base ...................... $10,200,000

Shaw Air Force Base ............................... $31,500,000

South Dakota .......... Ellsworth Air Force Base ........................ $3,000,000

Texas ....................... Fort Bliss .................................................. $8,500,000

Lackland Air Force Base ......................... $13,200,000

Laughlin Air Force Base .......................... $12,600,000

Sheppard Air Force Base ......................... $7,000,000

Utah ......................... Hill Air Force Base .................................. $63,400,000

Virginia ................... Langley Air Force Base ........................... $57,700,000

Washington ............. Fairchild Air Force Base ......................... $4,250,000

Wyoming ................. Francis E. Warren Air Force Base ......... $11,000,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2304(a)(2), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for the installations 

or locations outside the United States, and in the amounts, set 

forth in the following table:

Air Force: Outside the United States

Country Installation or Location Amount

Germany .......................... Ramstein Air Base .............................. $53,150,000

Guam ............................... Andersen Air Base .............................. $65,300,000

Korea ............................... Kunsan Air Base ................................. $37,360,000

Osan Air Base ...................................... $2,156,000

(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2304(a)(3), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for unspecified installations or locations in the amount set forth in the following table:
H. R. 5122—373

Air Force: Unspecified Worldwide

Location Installation or Location Amount

Worldwide Classified ...... Classified Project 1 .............................. $3,377,000

Classified Project 2 .............................. $4,600,000

Classified Project 3 .............................. $1,700,000

SEC. 2302. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2304(a)(6)(A), the Secretary of the Air Force may construct or 

acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number 

of units, and in the amounts set forth in the following table:

Air Force: Family Housing

State or Country Installation or Location Units Amount

Alaska ....................... Eielson Air Force Base ............... 129 .... $87,414,000

Idaho ......................... Mountain Home Air Force Base 457 .... $107,800,000

Missouri .................... Whiteman Air Force Base .......... 116 .... $39,270,000

Montana .................... Malmstrom Air Force Base ........ 493 .... $140,252,000

North Carolina ......... Seymour Johnson Air Force 

Base.

56 ...... $22,956,000

North Dakota ........... Minot Air Force Base .................. 575 .... $170,188,000

Texas ......................... Dyess Air Force Base .................. 199 .... $49,215,000

Germany ................... Ramstein Air Base ...................... 101 .... $59,488,000

Spangdahlem Air Base ............... 60 ...... $39,294,000

United Kingdom ....... Royal Air Force Lakenheath ...... 74 ...... $35,282,000

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2304(a)(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities 

with respect to the construction or improvement of military family 

housing units in an amount not to exceed $13,202,000. 

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force 

may improve existing military family housing units in an amount 

not to exceed $403,777,000. 

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2006, for military construction, land acquisition, and 

military family housing functions of the Department of the Air 

Force in the total amount of $3,231,442,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2301(a), $962,286,000. 

(2) For military construction projects outside the United 

States authorized by section 2301(b), $157,966,000. 

(3) For military construction projects at unspecified worldwide locations authorized by section 2301(c), $9,677,000. 
H. R. 5122—374

(4) For unspecified minor military construction projects 

authorized by section 2805 of title 10, United States Code, 

$15,000,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$79,004,000. 

(6) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $1,168,138,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United States 

Code), $755,071,000. 

(7) For the construction of increment 2 of the C–17 maintenance complex at Elmendorf Air Force Base, Alaska, authorized 

by section 2301(a) of the Military Construction Authorization 

Act for Fiscal Year 2006 (division B of Public Law 109–163; 

119 Stat. 3494), $30,000,000. 

(8) For the construction of increment 2 of the main base 

runway at Edwards Air Force Base, California, authorized by 

section 2301(a) of the Military Construction Authorization Act 

for Fiscal Year 2006 (division B of Public Law 109–163; 119 

Stat. 3494), $31,000,000. 

(9) For the construction of increment 2 of the CENTCOM 

Joint Intelligence Center at MacDill Air Force Base, Florida, 

authorized by section 2301(a) of the Military Construction 

Authorization Act for Fiscal Year 2006 (division B of Public 

Law 109–163; 119 Stat. 3494), as amended by section 2305 

of this Act, $23,300,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2301 of this Act may not exceed the total amount authorized to 

be appropriated under paragraphs (1), (2), and (3) of subsection 

(a). 

SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2006 PROJECT. 

(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT.—

The table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163; 

119 Stat. 3494) is amended in the item relating to MacDill Air 

Force Base, Florida, by striking ‘‘$107,200,000’’ in the amount 

column and inserting ‘‘$101,500,000’’. 

(b) CONFORMING AMENDMENT.—Section 2304(b)(4) of that Act 

(119 Stat. 3496) is amended by striking ‘‘$29,000,000’’ and inserting 

‘‘$23,300,000’’. 

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Family housing. 

Sec. 2403. Energy conservation projects. 

Sec. 2404. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Sec. 2405. Authorization of appropriations, Defense Agencies. 

Sec. 2406. Modification of authority to carry out certain fiscal year 2006 project.
H. R. 5122—375

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2405(a)(1), the Secretary of Defense may acquire real property 

and carry out military construction projects for the installations 

or locations inside the United States, and in the amounts, set 

forth in the following tables:

Defense Education Activity

State Installation or Location Amount

Kentucky ......... Fort Knox .............................................................. $18,108,000

Defense Logistics Agency

State Installation or Location Amount

Arizona ............ Marine Corps Air Station, Yuma ........................ $8,715,000

California ........ Beale Air Force Base ............................................ $9,000,000

Pennsylvania .. Defense Distribution Depot, New Cumberland $8,900,000

Viginia ............ Fort Belvoir ........................................................... $5,500,000

Washington ..... Naval Air Station, Whidbey Island ..................... $26,000,000

Special Operations Command

State Installation or Location Amount

California ........ Marine Corps Base, Camp Pendleton ................. $24,400,000

Colorado .......... Fort Carson ........................................................... $26,100,000

Florida ............ Hurlburt Field ...................................................... $14,482,000

MacDill Air Force Base ........................................ $27,300,000

Kentucky ......... Fort Campbell ....................................................... $24,500,000

Mississippi ...... Stennis Space Center ........................................... $10,200,000

North Carolina Fort Bragg ............................................................. $51,768,000 Marine Corps Base, Camp Lejeune .................... $51,600,000

Pope Air Force Base ............................................. $15,276,000 Virginia ........... Naval Air Base, Little Creek ............................... $22,000,000

TRICARE Management Activity

State Installation or Location Amount

Alaska ............. Fort Richardson .................................................... $37,200,000

California ........ Fort Irwin ............................................................. $6,050,000

Florida ............ MacDill Air Force Base ........................................ $92,000,000

Naval Hospital, Jacksonville ............................... $16,000,000

Hawaii ............. Naval Base, Pearl Harbor .................................... $7,700,000

Illinois ............. Naval Hospital, Great Lakes ............................... $20,000,000

Maryland ........ Fort Detrick .......................................................... $550,000,000

New York ........ Fort Drum ............................................................. $9,700,000

Texas ............... Fort Hood .............................................................. $18,000,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2405(a)(2), the Secretary of Defense may acquire real property 

and carry out military construction projects for the installations 

or locations outside the United States, and in the amounts, set 

forth in the following tables:
H. R. 5122—376

Defense Education Activity

Country Installation or Location Amount

Italy ...................... Vicenza ............................................................. $47,210,000

Korea .................... Osan Air Base .................................................. $4,589,000

Spain .................... Naval Station, Rota ......................................... $23,048,000

Defense Logistics Agency

Country or Possession Installation or Location Amount

Japan .......................................................... Okinawa ............................. $5,000,000

Wake Island ............................................... Wake Island ....................... $2,600,000

Missile Defense Agency

Country or Possession Installation or Location Amount

Kwajalein ............................. Kwajalein Atoll $7,592,000

Special Operations Command

Country Installation or Location Amount

Qatar ................................ Al Udeid AB ......................................... $44,500,000

TRICARE Management Activity

Country Installation or Location Amount

Italy .................................. Vicenza ................................................. $52,000,000

SEC. 2402. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2405(a)(9)(A), the Secretary of Defense may construct or acquire 

family housing units (including land acquisition and supporting 

facilities) at the location, in the number of units, and in the amount 

set forth in the following table:

Defense Logistics Agency: Family Housing

State Location Units Amount

Virginia ................... Defense Supply Center, Richmond.25 ........ $7,840,000

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2405(a)(9)(A), the Secretary of Defense may carry out architectural 

and engineering services and construction design activities with 

respect to the construction or improvement of military family 

housing units in an amount not to exceed $200,000. 
H. R. 5122—377

SEC. 2403. ENERGY CONSERVATION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2405(a)(6), the Secretary of Defense may 

carry out energy conservation projects under section 2865 of title 

10, United States Code, in the amount of $55,000,000. 

SEC. 2404. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE 

CLOSURE ACCOUNT 2005. 

(a) AUTHORIZED ACTIVITIES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2405(a)(8), the Secretary of Defense may carry out base closure 

and realignment activities, including real property acquisition and 

military construction projects, as authorized by the Defense Base 

Closure and Realignment Act of 1990 (part A of title XXIX of 

Public Law 101–510; 10 U.S.C. 2687 note) and funded through 

the Department of Defense Base Closure Account 2005 established 

by section 2906A of such Act, in the amount of $5,902,723,000. 

(b) CONFORMING AMENDMENTS TO FISCAL YEAR 2006 

AUTHORIZATIONS.—

(1) AUTHORIZED ACTIVITIES.—Title XXIV of the Military 

Construction Authorization Act for Fiscal Year 2006 (division 

B of Public Law 109–163; 119 Stat. 3496) is amended by adding 

at the end the following new section: 

‘‘SEC. 2404. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE 

CLOSURE ACCOUNT 2005. 

‘‘Using amounts appropriated pursuant to the authorization 

of appropriations in section 2403(a)(7), the Secretary of Defense 

may carry out base closure and realignment activities, including 

real property acquisition and military construction projects, as 

authorized by the Defense Base Closure and Realignment Act of 

1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

note) and funded through the Department of Defense Base Closure 

Account 2005 established by section 2906A of such Act, in the 

amount of $2,035,466,000.’’. 

(2) AUTHORIZATION OF APPROPRIATIONS AND LIMITATIONS.— Section 2403 of that Act (119 Stat. 3499) is amended—

(A) in subsection (a)(7)—

(i) by striking ‘‘as authorized by the Defense Base 

Closure and Realignment Act of 1990 (part A of title 

XXIX of Public Law 101–510; 10 U.S.C. 2687 note)’’ 

and inserting ‘‘authorized by section 2404 of this Act’’; 

and 

(ii) by striking ‘‘section 2906 of such Act’’ and 

inserting ‘‘section 2906A of the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX 

of Public Law 101–510; 10 U.S.C. 2687 note)’’; 

(B) by redesignating subsection (c) as subsection (d); 

and 

(C) by inserting after subsection (b) the following new 

subsection (c): 

‘‘(c) LIMITATION ON TOTAL COST OF BASE CLOSURE AND

REALIGNMENT ACTIVITIES.—Notwithstanding the cost variations 

authorized by section 2853 of title 10, United States Code, and 

any other cost variation authorized by law, the total cost of all 
H. R. 5122—378

base closure and realignment activities, including real property 

acquisition and military construction projects, carried out under 

section 2404 of this Act may not exceed the sum of the following: 

‘‘(1) The total amount authorized to be appropriated under 

subsection (a)(7). 

‘‘(2) $531,000,000 (the balance of the amount authorized 

under section 2404 for base closure and realignment activities).’’. 

SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2006, for 

military construction, land acquisition, and military family housing 

functions of the Department of Defense (other than the military 

departments) in the total amount of $7,163,431,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2401(a), $533,099,000. 

(2) For military construction projects outside the United 

States authorized by section 2401(b), $170,789,000. 

(3) For unspecified minor military construction projects 

under section 2805 of title 10, United States Code, $21,672,000. 

(4) For contingency construction projects of the Secretary 

of Defense under section 2804 of title 10, United States Code, 

$10,000,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$172,950,000. 

(6) For energy conservation projects authorized by section 2403 of this Act, $55,000,000. 

(7) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 

1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note) and funded through the Department of Defense 

Base Closure Account 1990 established by section 2906 of such 

Act, $191,220,000. 

(8) For base closure and realignment activities authorized 

by section 2404 of this Act and funded through the Department 

of Defense Base Closure Account 2005 established by section 

2906A of the Defense Base Closure and Realignment Act of 

1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note), $5,236,223,000. 

(9) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $8,808,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United States 

Code), $48,506,000. 

(C) For credit to the Department of Defense Family 

Housing Improvement Fund established by section 

2883(a)(1) of title 10, United States Code, $2,500,000. 

(10) For the construction of increment 2 of the regional 

security operations center at Augusta, Georgia, authorized by 

section 2401(a) of the Military Construction Authorization Act 

of Fiscal Year 2006 (division B of Public Law 109–163; 119 

Stat. 3497), as amended by section 7016 of Public Law 109–

234 (120 Stat. 485), $77,118,000. 
H. R. 5122—379

(11) For the construction of increment 2 of the regional 

security operations center at Kunia, Hawaii, authorized by 

section 2401(a) of the Military Construction Authorization Act 

of Fiscal Year 2006 (division B of Public Law 109–163; 119 

Stat. 3497), as amended by section 7017 of Public Law 109–

234 (120 Stat. 485), $47,016,000. 

(12) For the construction of increment 2 of the classified 

material conversion facility at Fort Meade, Maryland, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2006 (division B of Public Law 109–

163; 119 Stat. 3497), $11,151,000. 

(13) For the construction of increment 2 of an operations 

building, Royal Air Force Menwith Hill Station, United 

Kingdom, authorized by section 2401(b) of the Military 

Construction Authorization Act of Fiscal Year 2006 (division 

B of Public Law 109–163; 119 Stat. 3498), as amended by 

section 2406 of this Act, $46,386,000. 

(14) For the construction of the second increment of certain 

base closure and realignment activities authorized by section 

2404 of the Military Construction Authorization Act of Fiscal 

Year 2006 (division B of Public Law 109–163; 119 Stat. 3500), 

as added by section 2404(b) of this Act, $390,000,000. 

(15) For the construction of increment 7 of a munitions 

demilitarization facility at Blue Grass Army Depot, Kentucky, 

authorized by section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 2000 (division B of Public 

Law 106–65; 113 Stat. 835), as amended by section 2405 of 

the Military Construction Authorization Act of 2002 (division 

B of Public Law 107–107; 115 Stat. 1298), and section 2405 

of the Military Construction Authorization Act for Fiscal Year 

2003 (division B of Public Law 107–314; 116 Stat. 2698), 

$99,157,000. 

(16) For the construction of increment 8 of a munitions 

demilitarization facility at Pueblo Chemical Activity, Colorado, 

authorized by section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 1997 (division B of Public 

Law 104–201; 110 Stat. 2775), as amended by section 2406 

of the Military Construction Authorization Act for Fiscal Year 

2000 (division B of Public Law 106–65; 113 Stat. 839), and 

section 2407 of the Military Construction Authorization Act 

for Fiscal Year 2003 (division B of Public Law 107–314; 116 

Stat. 2698), $41,836,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2401 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1) and (2) of subsection (a). 

(2) $46,400,000 (the balance of the amount authorized 

under section 2401(a) for construction of a health clinic at 

MacDill Air Force Base, Florida). 

(3) $521,000,000 (the balance of the amount authorized 

under section 2401(a) for stage 1 of the replacement of the 

Army Medical Research Institute of Infectious Diseases at Fort 

Detrick, Maryland). 
H. R. 5122—380

(c) LIMITATION ON TOTAL COST OF BASE CLOSURE AND REALIGNMENT ACTIVITIES.—Notwithstanding the cost variations authorized 

by section 2853 of title 10, United States Code, and any other 

cost variation authorized by law, the total cost of all base closure 

and realignment activities, including real property acquisition and 

military construction projects, carried out under section 2404(a) 

of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

subsection (a)(8). 

(2) $666,500,000 (the balance of the amount authorized 

under section 2404(a) for base closure and realignment activities). 

(d) CONGRESSIONAL NOTIFICATION REGARDING BASE CLOSURE

AND REALIGNMENT ACTIVITIES.—Not later than 14 days after the 

date on which funds appropriated pursuant to the authorization 

of appropriations in subsection (a)(8) are first obligated for a particular program, project, or activity, the Secretary of Defense shall 

submit to the congressional defense committees a report describing 

the program, project, or activity. 

SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2006 PROJECT. 

(a) MODIFICATION OF OUTSIDE THE UNITED STATES NATIONAL

SECURITY AGENCY PROJECT.—The table relating to the National 

Security Agency in section 2401(b) of the Military Construction 

Authorization Act for Fiscal Year 2006 (division B of Public Law 

109–163; 119 Stat. 3498) is amended in the item relating to 

Menwith Hill, United Kingdom, by striking ‘‘$86,354,000’’ in the 

amount column and inserting ‘‘$91,383,000’’. 

(b) CONFORMING AMENDMENTS.—Section 2403(b)(5) of that Act 

(119 Stat. 3500) is amended by striking ‘‘$44,657,000’’ and inserting 

‘‘$49,686,000’’. 

TITLE XXV—NORTH ATLANTIC TREATY 

ORGANIZATION SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects 

Sec. 2502. Authorization of appropriations, NATO

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from 

the North Atlantic Treaty Organization as a result of construction 

previously financed by the United States. 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2006, for contributions by the Secretary of Defense under section 2806 of title 10, United States 

Code, for the share of the United States of the cost of projects 
H. R. 5122—381

for the North Atlantic Treaty Organization Security Investment 

program authorized by section 2501, in the amount of $200,985,000. 

TITLE XXVI—GUARD AND RESERVE 

FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land acquisition 

projects

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2006, for the costs of acquisition, 

architectural and engineering services, and construction of facilities 

for the Guard and Reserve Forces, and for contributions therefor, 

under chapter 1803 of title 10, United States Code (including the 

cost of acquisition of land for those facilities), in the following 

amounts: 

(1) For the Department of the Army—

(A) for the Army National Guard of the United States, $561,375,000; and 

(B) for the Army Reserve, $190,617,000. 

(2) For the Department of the Navy, for the Navy Reserve and Marine Corps Reserve, $49,998,000. 

(3) For the Department of the Air Force—

(A) for the Air National Guard of the United States, 

$294,283,000; and 

(B) for the Air Force Reserve, $56,836,000. 

TITLE XXVII—EXPIRATION AND 

EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2702. Extension of authorizations of certain fiscal year 2004 projects. 

Sec. 2703. Extension of authorizations of certain fiscal year 2003 projects. 

Sec. 2704. Effective date.

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS 

REQUIRED TO BE SPECIFIED BY LAW. 

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— Except as provided in subsection (b), all authorizations contained 

in titles XXI through XXVI for military construction projects, land 

acquisition, family housing projects and facilities, and contributions 

to the North Atlantic Treaty Organization Security Investment 

program (and authorizations of appropriations therefor) shall expire 

on the later of—

(1) October 1, 2009; or 

(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2010. 

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 

for military construction projects, land acquisition, family housing 

projects and facilities, and contributions to the North Atlantic 

Treaty Organization Security Investment program (and authorizations of appropriations therefor), for which appropriated funds have 

been obligated before the later of—
H. R. 5122—382

(1) October 1, 2009; or 

(2) the date of the enactment of an Act authorizing funds 

for fiscal year 2010 for military construction projects, land 

acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment program. 

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2004 PROJECTS. 

(a) EXTENSION AND RENEWAL.—Notwithstanding section 2701 

of the Military Construction Authorization Act for Fiscal Year 2004 

(division B of Public Law 108–136; 117 Stat. 1716), authorizations 

set forth in the tables in subsection (b), as provided in section 

2101, 2301, 2302, 2401, or 2601 of that Act shall remain in effect 

until October 1, 2007, or the date of the enactment of an Act 

authorizing funds for military construction for fiscal year 2008, 

whichever is later. 

(b) TABLES.—The tables referred to in subsection (a) are as 

follows:

Army: Extension of 2004 Project Authorizations

Installation or Location Project Amount

Aviano Air Base, Italy .................... Joint deployment facility .... $15,500,000

Fort Wainwright, Alaska ............... Training range complex ...... $47,000,000

Air Force: Extension of 2004 Project Authorizations

Installation or Location Project Amount

Eglin Air Force Base, Florida ........ Family housing (279 units) $32,166,000

Hickam Air Force Base, Hawaii .... Parking ramp ....................... $10,102,000

Travis Air Force Base, California .. Family housing (56 units) ... $12,723,000

Defense Wide: Extension of 2004 Project Authorization

Installation or Location Agency and Project Amount

Hickam Air Force Base, Hawaii ......... DLA hydrant fuel system.$14,100,000

Army National Guard: Extension of 2004 Project 

Authorizations

Installation or Location Project Amount

Albuquerque, New Mexico ................... Readiness center ............ $2,533,000

Fort Indiantown Gap, Pennsylvania .. Training range ................ $15,338,000

Gary, Indiana ....................................... Aviation support facility $15,581,000

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2003 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2003 (division B 

of Public Law 107–314; 116 Stat. 2700), authorizations set forth 

in the table in subsection (b), as provided in section 2302 of that 
H. R. 5122—383

Act and extended by section 2702 of the Military Construction 

Authorization Act for Fiscal Year 2006 (division B of Public Law 

109–163; 119 Stat. 3502), shall remain in effect until October 1, 

2007, or the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2008, whichever is later. 

(b) TABLES.—The table referred to in subsection (a) is as follows:

Air Force: Extension of 2003 Project Authorizations

Installation or Location Project Amount

Eglin Air Force Base, Florida ........ Family housing (134 units) $15,906,000

Eglin Air Force Base, Florida ........ Family housing office .......... $597,000

Randolph Air Force Base, Texas Housing maintenance facility.$447,000

SEC. 2704. EFFECTIVE DATE. 

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act 

shall take effect on the later of—

(1) October 1, 2006; or 

(2) the date of the enactment of this Act. 

TITLE XXVIII—MILITARY 

CONSTRUCTION GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Increase in maximum annual amount authorized to be obligated for 

emergency military construction. 

Sec. 2802. One-year extension of temporary, limited authority to use operation and 

maintenance funds for construction projects outside the United States. 

Sec. 2803. Repeal of requirement to determine availability of suitable alternative 

housing for acquisition in lieu of construction of new family housing. 

Sec. 2804. Authority to continue to occupy leased family housing for United States 

Southern Command personnel. 

Sec. 2805. Consideration of alternative and more efficient uses for general officer 

and flag officer quarters in excess of 6,000 square feet. 

Sec. 2806. Modification of notification requirements related to cost variation authority. 

Sec. 2807. Consideration of local comparability of floor areas in construction, acquisition, and improvement of military unaccompanied housing. 

Sec. 2808. Certification required for military construction projects for facilities designed to provide training in urban operations. 

Sec. 2809. Authority to carry out military construction projects in connection with 

industrial facility investment program. 

Sec. 2810. Repeal of special requirement for military construction contracts on 

Guam. 

Sec. 2811. Temporary expansion of authority to convey property at military installations to support military construction. 

Sec. 2812. Pilot projects for acquisition or construction of military unaccompanied 

housing. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Congressional notice requirements, in advance of acquisition of land by 

condemnation for military purposes. 

Sec. 2822. Consolidation of Department of Defense authorities regarding granting 

of easements for rights-of-way. 

Sec. 2823. Authority to grant restrictive easements for conservation purposes in 

connection with land conveyances. 

Sec. 2824. Maximum term of leases for structures and real property relating to 

structures in foreign countries needed for purposes other than family 

housing. 

Sec. 2825. Consolidation of laws relating to transfer of Department of Defense real 

property within the Department of Defense and to other Federal agencies. 
H. R. 5122—384

Sec. 2826. Defense access road program. 

Sec. 2827. Reports on Army operational ranges. 

Subtitle C—Base Closure and Realignment 

Sec. 2831. Modification of deposit requirements in connection with lease proceeds 

received at military installations approved for closure or realignment 

after January 1, 2005. Sec. 2832. Report on Air Force and Air National Guard bases affected by 2005 

round of defense base closure and realignment. 

Subtitle D—Land Conveyances 

Sec. 2841. Conveyance of easement, Pine Bluff Arsenal, Arkansas. 

Sec. 2842. Modification of land transfer authority, Potomac Annex, District of Columbia. 

Sec. 2843. Land conveyance, Naval Air Station, Barbers Point, Hawaii. 

Sec. 2844. Land conveyances, Omaha, Nebraska. 

Sec. 2845. Land conveyance, Hopkinton, New Hampshire. 

Sec. 2846. Land conveyance, North Hills Army Reserve Center, Allison Park, Pennsylvania. Sec. 2847. Transfer of jurisdiction, Fort Jackson, South Carolina. 

Sec. 2848. Sense of Congress regarding land conveyance involving Army Reserve 

Center, Marshall, Texas. 

Sec. 2849. Modifications to land conveyance authority, Engineering Proving 

Ground, Fort Belvoir, Virginia. Sec. 2850. Land conveyance, Radford Army Ammunition Plant, New River Unit, 

Virginia. 

Subtitle E—Energy Security 

Sec. 2851. Consolidation and enhancement of laws to improve Department of Defense energy efficiency and conservation. Sec. 2852. Department of Defense goal regarding use of renewable energy to meet 

electricity needs. Sec. 2853. Congressional notification of cancellation ceiling for Department of Defense energy savings performance contracts. Sec. 2854. Use of energy efficiency products in new construction. 

Subtitle F—Other Matters 

Sec. 2861. Availability of research and technical assistance under Defense Economic Adjustment Program. Sec. 2862. Availability of community planning assistance relating to encroachment 

of civilian communities on military facilities used for training by the 

Armed Forces. 

Sec. 2863. Prohibitions against making certain military airfields or facilities available for use by civil aircraft. Sec. 2864. Modification of certain transportation projects. 

Sec. 2865. Availability of funds for South County Commuter Rail project, Providence, Rhode Island. 

Sec. 2866. Fox Point Hurricane Barrier, Providence, Rhode Island. 

Sec. 2867. Federal funding for fixed guideway projects. 

Sec. 2868. Feasibility study regarding use of General Services Administration property for Fort Belvoir, Virginia, realignment.

Subtitle A—Military Construction Program 

and Military Family Housing Changes 

SEC. 2801. INCREASE IN MAXIMUM ANNUAL AMOUNT AUTHORIZED TO 

BE OBLIGATED FOR EMERGENCY MILITARY CONSTRUCTION. 

Section 2803(c)(1) of title 10, United States Code, is amended 

by striking ‘‘$45,000,000’’ and inserting ‘‘$50,000,000’’. 

SEC. 2802. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED 

AUTHORITY TO USE OPERATION AND MAINTENANCE 

FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE 

UNITED STATES. 

Section 2808(a) of the Military Construction Authorization Act 

for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 
H. R. 5122—385

1723), as amended by section 2810 of the Military Construction 

Authorization Act for Fiscal Year 2005 (division B of Public Law 

108–375; 118 Stat. 2128) and section 2809 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public 

Law 109–163; 119 Stat. 3508), is further amended by striking 

‘‘and 2006’’ and inserting ‘‘through 2007’’. 

SEC. 2803. REPEAL OF REQUIREMENT TO DETERMINE AVAILABILITY 

OF SUITABLE ALTERNATIVE HOUSING FOR ACQUISITION 

IN LIEU OF CONSTRUCTION OF NEW FAMILY HOUSING. 

(a) IN GENERAL.—Section 2823 of title 10, United States Code, 

is repealed. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 169 of such title is amended 

by striking the item relating to section 2823. 

SEC. 2804. AUTHORITY TO CONTINUE TO OCCUPY LEASED FAMILY 

HOUSING FOR UNITED STATES SOUTHERN COMMAND 

PERSONNEL. 

Section 2828(b)(4) of title 10, United States Code, is amended 

by adding at the end the following new subparagraph: 

‘‘(D) Until September 30, 2008, the Secretary of the Army 

may authorize family members of a member of the armed forces 

on active duty who is assigned to a family-member-restricted area 

and who, before such assignment, was occupying a housing unit 

leased under this paragraph, to remain in the leased housing unit 

until the member completes the assignment. Costs incurred for 

the leased housing unit during the assignment shall be included 

in the costs subject to the limitation under subparagraph (B).’’. 

SEC. 2805. CONSIDERATION OF ALTERNATIVE AND MORE EFFICIENT 

USES FOR GENERAL OFFICER AND FLAG OFFICER QUARTERS IN EXCESS OF 6,000 SQUARE FEET. 

(a) REPORTING REQUIREMENTS.—Subsection (e)(1) of section 

2831 of title 10, United States Code, is amended—

(1) in subparagraph (A), by striking ‘‘and’’ at the end of 

the subparagraph; 

(2) in subparagraph (B)—

(A) by striking ‘‘so identified’’ and inserting ‘‘identified 

under subparagraph (A)’’; and 

(B) by striking the period at the end of the subparagraph and inserting a semicolon; and 

(3) by adding at the end the following new subparagraphs: 

‘‘(C) identifying each family housing unit in excess of 6,000 

square feet used, or intended for use, as quarters for a general 

officer or flag officer; 

‘‘(D) for each family housing unit identified under subparagraph (C), specifying any alternative and more efficient use 

to which the unit could be converted (which would include 

any costs necessary to convert the unit) and containing an 

explanation of the reasons why the unit is not being converted 

to the alternative use; and 

‘‘(E) for each family housing unit identified under subparagraph (C) for which costs under subparagraph (A) or new 

construction costs are anticipated to exceed $100,000 in the 

next fiscal year, specifying any alternative use to which the 
H. R. 5122—386

unit could be converted (which would include any costs necessary to convert the unit) and an estimate of the costs to 

demolish and rebuild the unit to private sector standards.’’. 

(b) STYLISTIC AMENDMENTS.—Such section is further 

amended—

(1) in subsection (a), by inserting ‘‘ESTABLISHMENT.—’’ after 

‘‘(a)’’; 

(2) in subsection (b), by inserting ‘‘CREDITS TO ACCOUNT.— ’’ after ‘‘(b)’’; 

(3) in subsection (c), by inserting ‘‘AVAILABILITY OF

AMOUNTS IN ACCOUNT.—’’ after ‘‘(c)’’; and 

(4) in subsection (d), by inserting ‘‘USE OF ACCOUNT.— ’’ after ‘‘(d)’’; and 

(5) in the heading of subsection (e), by striking ‘‘COST

OF’’; 

SEC. 2806. MODIFICATION OF NOTIFICATION REQUIREMENTS 

RELATED TO COST VARIATION AUTHORITY. 

Section 2853(c) of title 10, United States Code, is amended 

by striking ‘‘if—’’ and paragraphs (1), (2), and (3) and inserting 

the following: ‘‘if the variation in cost or reduction in the scope 

of work is approved by the Secretary concerned and—

‘‘(1) in the case of a cost increase or a reduction in the 

scope of work—

‘‘(A) the Secretary concerned notifies the appropriate 

committees of Congress in writing of the cost increase 

or reduction in scope and the reasons therefor, including 

a description of the funds proposed to be used to finance 

any increased costs; and 

‘‘(B) a period of 21 days has elapsed after the date 

on which the notification is received by the committees 

or, if over sooner, a period of 14 days has elapsed after 

the date on which a copy of the notification is provided 

in an electronic medium pursuant to section 480 of this 

title; or 

‘‘(2) in the case of a cost decrease, the Secretary concerned 

notifies the appropriate committees of Congress in writing not 

later than 14 days after the date funds are obligated in connection with the military construction project or military family 

housing project.’’. 

SEC. 2807. CONSIDERATION OF LOCAL COMPARABILITY OF FLOOR 

AREAS IN CONSTRUCTION, ACQUISITION, AND IMPROVEMENT OF MILITARY UNACCOMPANIED HOUSING. 

(a) COMPARABILITY OF FLOOR AREAS.—

(1) IN GENERAL.—Section 2856 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 2856. Military unaccompanied housing: local comparability 

of floor areas 

‘‘In the construction, acquisition, and improvement of military 

unaccompanied housing, the Secretary concerned shall ensure that 

the floor areas of such housing in a particular locality (as designated 

by the Secretary concerned for purposes of this section) do not 

exceed the floor areas of similar housing in the private sector 

in that locality.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter III of chapter 169 of such title is 
H. R. 5122—387

amended by striking the item relating to section 2856 and 

inserting the following new item:

‘‘2856. Military unaccompanied housing: local comparability of floor areas.’’.

(b) CONFORMING AMENDMENTS REGARDING ALTERNATIVE

ACQUISITION AND IMPROVEMENT AUTHORITY.—Section 2880(b) of 

such title is amended—

(1) by striking ‘‘(1) Section 2826’’ and inserting ‘‘Sections 

2826 and 2856’’; 

(2) by inserting ‘‘or military unaccompanied housing’’ after 

‘‘military family housing’’; and 

(3) by striking paragraph (2). 

SEC. 2808. CERTIFICATION REQUIRED FOR MILITARY CONSTRUCTION 

PROJECTS FOR FACILITIES DESIGNED TO PROVIDE 

TRAINING IN URBAN OPERATIONS. 

(a) CERTIFICATION REQUIRED.—Section 2859 of title 10, United 

States Code, is amended by adding at the end the following new 

subsection: 

‘‘(d) CERTIFICATION REQUIRED FOR MILITARY CONSTRUCTION

PROJECTS DESIGNED TO PROVIDE TRAINING IN URBAN OPERATIONS.—

(1) Except as provided in paragraph (3), the Secretary concerned 

may not carry out a military construction project to construct a 

facility designed to provide training in urban operations for members of the armed forces or personnel of the Department of Defense 

or other Federal agencies until—

‘‘(A) the Secretary of Defense approves a strategy for 

training and facility construction for operations in urban terrain; and 

‘‘(B) the Under Secretary of Defense for Personnel and 

Readiness evaluates the project and certifies to the appropriate 

committees of Congress that the project—

‘‘(i) is consistent with the strategy; and 

‘‘(ii) incorporates the appropriate capabilities for joint 

and interagency use in accordance with the strategy. 

‘‘(2) The Under Secretary of Defense for Personnel and Readiness shall conduct the evaluation required by paragraph (1)(B) 

in consultation with the Commander of the United States Joint 

Forces Command. 

‘‘(3) This subsection shall not apply with respect to a military 

construction project carried out under the authority of section 2803, 

2804, or 2808 of this title or section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public 

Law 108–136; 117 Stat. 1723).’’. 

(b) CLERICAL AMENDMENTS.—

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 2859. Construction requirements related to antiterrorism 

and force protection or urban-training operations’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of subchapter III of chapter 169 of such title is amended 
H. R. 5122—388

by striking the item relating to section 2859 and inserting 

the following new item:

‘‘2859. Construction requirements related to antiterrorism and force protection or 

urban-training operations.’’.

(c) EFFECTIVE DATE.—Subsection (d) of section 2859 of title 

10, United States Code, as added by subsection (a), shall apply 

with respect to military construction projects described in such 

subsection (d) for which funds are first provided for fiscal year 

2007 or thereafter. 

SEC. 2809. AUTHORITY TO CARRY OUT MILITARY CONSTRUCTION 

PROJECTS IN CONNECTION WITH INDUSTRIAL FACILITY 

INVESTMENT PROGRAM. 

(a) AUTHORITY.—Subchapter III of chapter 169 of title 10, 

United States Code, is amended by inserting after section 2860 

the following new section: 

‘‘§ 2861. Military construction projects in connection with 

industrial facility investment program 

‘‘(a) AUTHORITY.—The Secretary of Defense may carry out a 

military construction project, not previously authorized, for the 

purpose of carrying out activities under section 2474(a)(2) of this 

title, using funds appropriated or otherwise made available for 

that purpose in military construction accounts. 

‘‘(b) CREDITING OF FUNDS TO CAPITAL BUDGET.—Funds appropriated or otherwise made available in a fiscal year for the purpose 

of carrying out a military construction project with respect to a 

covered depot (as defined in subsection (e) of section 2476 of this 

title) may be credited to the amount required by subsection (a) 

of such section to be invested in the capital budgets of the covered 

depots in that fiscal year. 

‘‘(c) NOTICE AND WAIT REQUIREMENT.—When a decision is made 

to carry out a project under subsection (a), the Secretary of Defense 

shall notify in writing the appropriate committees of Congress 

of that decision and the savings estimated to be realized from 

the project. The project may then be carried out only after the 

end of the 21-day period beginning on the date the notification 

is received by such committees or, if earlier, the end of the 14-

day period beginning on the date on which a copy of the notification 

is provided in an electronic medium pursuant to section 480 of 

this title. 

‘‘(d) ANNUAL REPORT.—Not later than December 31 of each 

year, the Secretary shall submit to Congress a report describing 

actions taken under this section and the savings realized from 

such actions during the fiscal year ending in the year in which 

the report is submitted.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item 

relating to section 2860 the following new item:

‘‘2861. Military construction projects in connection with industrial facility investment program.’’.

SEC. 2810. REPEAL OF SPECIAL REQUIREMENT FOR MILITARY 

CONSTRUCTION CONTRACTS ON GUAM. 

(a) REPEAL.—Section 2864 of title 10, United States Code, is 

repealed. 
H. R. 5122—389

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter III of chapter 169 of such title is amended 

by striking the item relating to section 2864. 

SEC. 2811. TEMPORARY EXPANSION OF AUTHORITY TO CONVEY PROPERTY AT MILITARY INSTALLATIONS TO SUPPORT MILITARY CONSTRUCTION. 

(a) TEMPORARY INCLUSION OF ALL MILITARY INSTALLATIONS.—

Subsection (a) of section 2869 of title 10, United States Code, 

is amended—

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 

(2) by inserting ‘‘(1)’’ before ‘‘The Secretary concerned’’; 

(3) by striking ‘‘located on a military installation that is 

closed or realigned under a base closure law’’ and inserting 

‘‘described in paragraph (2)’’; and 

(4) by adding at the end the following new paragraphs: 

‘‘(2) Paragraph (1) applies with respect to real property under 

the jurisdiction of the Secretary concerned that—

‘‘(A) is located on a military installation that is closed 

or realigned under a base closure law; or 

‘‘(B) is located on a military installation not covered by 

subparagraph (A) and is determined to be excess to the needs 

of the Department of Defense. 

‘‘(3) Subparagraph (B) of paragraph (2) shall apply only during 

the period beginning on the date of the enactment of the John 

Warner National Defense Authorization Act for Fiscal Year 2007 

and ending on September 30, 2008. Any conveyance of real property 

described in such subparagraph for which the Secretary concerned 

has provided the advance public notice required by subsection (d)(1) 

before the expiration date may be completed after that date.’’. 

(b) USE OF AUTHORITY TO SUPPORT AGREEMENTS TO LIMIT

ENCROACHMENTS.—Subparagraph (A) of paragraph (1) of subsection 

(a) of such section, as redesignated and amended by subsection 

(a), is further amended by striking ‘‘land acquisition’’ and inserting 

‘‘land acquisition, including the acquisition of all right, title, and 

interest or a lesser interest in real property under an agreement 

entered into under section 2684a of this title to limit encroachments 

and other constraints on military training, testing, and operations’’. 

(c) ADVANCE NOTICE OF USE OF AUTHORITY; CONTENT OF

NOTICE.—Subsection (d) of such section is amended—

(1) in paragraph (1), by striking ‘‘closed or realigned under 

the base closure laws is to be conveyed’’ and inserting ‘‘is 

proposed for conveyance’’; 

(2) by striking paragraph (2) and inserting the following 

new paragraph: 

‘‘(2) The Secretary concerned may not enter into an agreement 

under subsection (a) for the conveyance of real property until—

‘‘(A) the Secretary submits to Congress notice of the conveyance, including—

‘‘(i) a description of the real property to be conveyed 

by the Secretary under the agreement; 

‘‘(ii) a description of the military construction project, 

land acquisition, military family housing, or military 

unaccompanied housing to be carried out under the agreement in exchange for the conveyance of the property; and 
H. R. 5122—390

‘‘(iii) the amount of any payment to be made under 

subsection (b) or under section 2684a(d) of this title to 

equalize the fair market values of the property to be conveyed and the military construction project, land acquisition, military family housing, or military unaccompanied 

housing to be carried out under the agreement in exchange 

for the conveyance of the property; and 

‘‘(B) the waiting period applicable to that notice under 

paragraph (3) expires. 

‘‘(3) If the notice submitted under paragraph (2) deals with 

the conveyance of real property located on a military installation 

that is closed or realigned under a base closure law or the conveyance of real property under an agreement entered into under section 

2684a of this title, the Secretary concerned may enter into the 

agreement under subsection (a) for the conveyance of the property 

after a period of 21 days has elapsed from the date of receipt 

of the notice or, if over sooner, a period of 14 days has elapsed 

from the date on which a copy of the notice is provided in an 

electronic medium pursuant to section 480 of this title. In the 

case of other real property to be conveyed under subsection (a), 

the Secretary concerned may enter into the agreement only after 

a period of 60 days has elapsed from the date of receipt of the 

notice or, if over sooner, a period of 45 days has elapsed from 

the date on which the electronic copy is provided.’’. 

(d) DEPOSIT AND USE OF FUNDS.—Subsection (e) of such section 

is amended to read as follows: 

‘‘(e) DEPOSIT AND USE OF FUNDS.—(1) Except as provided in 

paragraph (2), the Secretary concerned may deposit funds received 

under subsection (b) in the Department of Defense housing funds 

established under section 2883(a) of this title. 

‘‘(2) During the period specified in paragraph (3) of subsection 

(a), the Secretary concerned shall deposit funds received under 

subsection (b) in the appropriation ‘Foreign Currency Fluctuations, 

Construction, Defense’. 

‘‘(3) The funds deposited under paragraph (2) shall be available, 

in such amounts as provided in appropriation Acts, for the purpose 

of paying increased costs of overseas military construction and 

family housing construction or improvement associated with 

unfavorable fluctuations in currency exchange rates. The use of 

such funds for this purpose does not relieve the Secretary concerned 

from the duty to provide advance notice to Congress under section 

2853(c) of this title whenever the Secretary approves an increase 

in the cost of an overseas project under such section.’’. 

(e) ANNUAL REPORTS; EFFECT OF FAILURE TO SUBMIT.—Subsection (f) of such section is amended—

(1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; 

(2) in subparagraph (C), as so redesignated, by inserting 

before the period at the end the following: ‘‘and of excess 

real property at military installations’’; 

(3) by striking ‘‘(f)’’ and all that follows through ‘‘the following:’’ and inserting the following: 

‘‘(f) ANNUAL REPORTS; EFFECT OF FAILURE TO SUBMIT.—(1) 

Not later than March 15 of each year, the Secretary of Defense 

shall submit to Congress a report detailing the following:’’; and 

(4) by adding at the end the following new paragraph: 
H. R. 5122—391

‘‘(2) If the report for a year is not submitted to Congress 

by the date specified in paragraph (1), the Secretary concerned 

may not enter into an agreement under subsection (a) after that 

date for the conveyance of real property until the date on which 

the report is finally submitted.’’. 

(f) CLERICAL AMENDMENTS.—

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 2869. Conveyance of property at military installations to 

support military construction or limit encroachment’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of subchapter III of chapter 169 of such title is amended 

by striking the item relating to section 2869 and inserting 

the following new item:

‘‘2869. Conveyance of property at military installations to support military construction or limit encroachment.’’.

(g) CONFORMING AMENDMENTS TO AUTHORITY TO LIMIT

ENCROACHMENTS.—Subsection (d)(3) of section 2684a of such title 

is amended—

(1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; 

(2) in subparagraph (C), as so redesignated, by striking 

‘‘in the sharing of acquisition costs of real property, or an 

interest in real property, under paragraph (1)(B)’’ and inserting 

‘‘under subparagraph (A), either through the contribution of 

funds or excess real property, or both,’’; and 

(3) by inserting after subparagraph (A) the following new 

subparagraph (B): 

‘‘(B) In lieu of or in addition to making a monetary contribution 

toward the cost of acquiring a parcel of real property, or an interest 

therein, pursuant to an agreement under this section, the Secretary 

concerned may convey, using the authority provided by section 

2869 of this title, real property described in paragraph (2) of subsection (a) of such section, subject to the limitation in paragraph 

(3) of such subsection.’’. 

SEC. 2812. PILOT PROJECTS FOR ACQUISITION OR CONSTRUCTION 

OF MILITARY UNACCOMPANIED HOUSING. 

(a) REDUCTION OF APPLICABLE NOTIFICATION PERIODS.—Section 

2881a of title 10, United States Code, is amended by striking 

‘‘90 days’’ both places it appears and inserting ‘‘30 days’’. 

(b) EXTENSION OF AUTHORITY.—Subsection (f) of such section 

is amended by striking ‘‘2007’’ and inserting ‘‘2009’’. 

Subtitle B—Real Property and Facilities 

Administration 

SEC. 2821. CONGRESSIONAL NOTICE REQUIREMENTS, IN ADVANCE OF 

ACQUISITION OF LAND BY CONDEMNATION FOR MILITARY PURPOSES. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of Defense, when acquiring land for military purposes, 

should—
H. R. 5122—392

(1) make every effort to acquire the land by means of 

purchases from willing sellers; and 

(2) employ condemnation, eminent domain, or seizure 

procedures only as a measure of last resort in cases of compelling national security requirements or at the request of the 

seller. 

(b) ADVANCE NOTICE OF USE OF CONDEMNATION; EXCEPTIONS.—

Section 2663 of title 10, United States Code, is amended—

(1) in subsection (a)(1), ‘‘The Secretary’’ and inserting ‘‘Subject to subsection (f), the Secretary’’; and 

(2) by adding at the end the following new subsections: 

‘‘(f) ADVANCE NOTICE OF USE OF CONDEMNATION.—(1) Before 

commencing any legal proceeding to acquire any interest in land 

under subsection (a), including acquisition for temporary use, by 

condemnation, eminent domain, or seizure, the Secretary of the 

military department concerned shall—

‘‘(A) pursue, to the maximum extent practicable, all other 

available options for the acquisition or use of the land, such 

as the purchase of an easement or the execution of a land 

exchange; and 

‘‘(B) submit to the congressional defense committees a 

report containing—

‘‘(i) a description of the land to be acquired; 

‘‘(ii) a certification that negotiations with the owner 

or owners of the land occurred, and that the Secretary 

tendered consideration in an amount equal to the fair 

market value of the land, as determined by the Secretary; 

and 

‘‘(iii) an explanation of the other approaches considered 

for acquiring use of the land, the reasons for the acquisition 

of the land, and the reasons why alternative acquisition 

strategies are inadequate. 

‘‘(2) The Secretary concerned may have proceedings brought 

in the name of the United States to acquire the land after the 

end of the 21-day period beginning on the date on which the 

report is received by the committees or, if over sooner, the end 

of the 14-day period beginning on the date on which a copy of 

the report is provided in an electronic medium pursuant to section 

480 of this title. 

‘‘(g) EXCEPTION TO ADVANCE NOTICE REQUIREMENT.—If the Secretary of a military department determines that the use of condemnation, eminent domain, or seizure to acquire an interest in 

land is required under subsection (a) to satisfy a requirement vital 

to national security, and that any delay would be detrimental 

to national security or the protection of health, safety, or the 

environment, the Secretary may have proceedings brought in the 

name of the United States to acquire the land in advance of submitting the report required by subsection (f)(1)(B). However, the Secretary shall submit the report not later than seven days after 

commencement of the legal proceedings with respect to the land.’’. 

SEC. 2822. CONSOLIDATION OF DEPARTMENT OF DEFENSE AUTHORITIES REGARDING GRANTING OF EASEMENTS FOR RIGHTSOF-WAY. 

(a) CONSOLIDATION.—Subsection (a) of section 2668 of title 10, 

United States Code, is amended—

(1) in the matter preceding paragraph (1)—
H. R. 5122—393

(A) by striking ‘‘he’’ both places it appears and inserting 

‘‘the Secretary’’; and 

(B) by striking ‘‘his control, to a State, Commonwealth, 

or possession, or political subdivision thereof, or to a citizen, 

association, partnership, or corporation of a State, 

Commonwealth, or possession,’’ and inserting ‘‘the Secretary’s control’’; 

(2) in paragraph (2), by striking ‘‘oil pipe lines’’ and 

inserting ‘‘gas, water, sewer, and oil pipe lines’’; and 

(3) in paragraph (13), by striking ‘‘he considers advisable, 

except a purpose covered by section 2669 of this title’’ and 

inserting ‘‘the Secretary considers advisable’’. 

(b) STYLISTIC AMENDMENTS.—Such section is further 

amended—

(1) in subsection (a), by inserting ‘‘AUTHORIZED TYPES OF

EASEMENTS.—’’ after ‘‘(a)’’; 

(2) in subsection (b), by inserting ‘‘LIMITATION ON SIZE

OF EASEMENT.—’’ after ‘‘(b)’’; 

(3) in subsection (c), by inserting ‘‘TERMINATION.—’’ after 

‘‘(c)’’; 

(4) in subsection (d), by inserting ‘‘NOTICE TO DEPARTMENT

OF THE INTERIOR.—’’ after ‘‘(d)’’; and 

(5) in subsection (e), by inserting ‘‘DISPOSITION OF CONSID- ERATION.—’’ after ‘‘(e)’’. 

(c) CONFORMING REPEAL.—Section 2669 of such title is repealed. 

(d) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 159 of such title is amended by striking the item 

related to section 2669. 

SEC. 2823. AUTHORITY TO GRANT RESTRICTIVE EASEMENTS FOR CONSERVATION PURPOSES IN CONNECTION WITH LAND 

CONVEYANCES. 

(a) RESTRICTIVE EASEMENTS.—Chapter 159 of title 10, United 

States Code, is amended by inserting after section 2668 the following new section: 

‘‘§ 2668a. Easements: granting restrictive easements in 

connection with land conveyances 

‘‘(a) AUTHORITY TO INCLUDE RESTRICTIVE EASEMENT.—In 

connection with the conveyance of real property by the Secretary 

concerned under any provision of law, the Secretary concerned 

may grant an easement to an entity specified in subsection (b) 

restricting future uses of the conveyed real property for a conservation purpose consistent with section 170(h)(4)(A)(iv) of the Internal 

Revenue Code of 1986 (26 U.S.C. 170(h)(4)(A)(iv)). 

‘‘(b) AUTHORIZED RECIPIENTS.—An easement under subsection 

(a) may be granted only to—

‘‘(1) a State or local government; or 

‘‘(2) a qualified organization, as that term is defined in 

section 170(h) of the Internal Revenue Code of 1986 (26 U.S.C. 

170(h)). 

‘‘(c) LIMITATIONS ON USE OF EASEMENT AUTHORITY.—An easement under subsection (a) may not be granted unless—

‘‘(1) the proposed recipient of the easement consents to 

the receipt of the easement; 

‘‘(2) the Secretary concerned determines that the easement 

is in the public interest and the conservation purpose to be 
H. R. 5122—394

promoted by the easement cannot be effectively achieved 

through the application of State law by the State or a local 

government without the grant of restrictive easements; 

‘‘(3) the jurisdiction that encompasses the property to be 

subject to the easement authorizes the grant of restrictive 

easements; and 

‘‘(4) the Secretary can give or assign to a third party 

the responsibility for monitoring and enforcing easements 

granted under this section. 

‘‘(d) CONSIDERATION.—Easements granted under this section 

shall be without consideration from the recipient. 

‘‘(e) ACREAGE LIMITATION.—No easement granted under this 

section may include more land than is necessary for the easement. 

‘‘(f) TERMS AND CONDITIONS.—The grant of an easement under 

this section shall be subject to such additional terms and conditions 

as the Secretary concerned considers appropriate to protect the 

interests of the United States.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2668 the following new item:

‘‘2668a. Easements: granting restrictive easements in connection with land conveyances.’’.

SEC. 2824. MAXIMUM TERM OF LEASES FOR STRUCTURES AND REAL 

PROPERTY RELATING TO STRUCTURES IN FOREIGN 

COUNTRIES NEEDED FOR PURPOSES OTHER THAN 

FAMILY HOUSING. 

Section 2675(a) of title 10, United States Code, is amended 

by striking ‘‘five years’’ and inserting ‘‘10 years’’. 

SEC. 2825. CONSOLIDATION OF LAWS RELATING TO TRANSFER OF 

DEPARTMENT OF DEFENSE REAL PROPERTY WITHIN THE 

DEPARTMENT OF DEFENSE AND TO OTHER FEDERAL 

AGENCIES. 

(a) INCLUSION OF TRANSFER AUTHORITY BETWEEN ARMED

FORCES.—Section 2696 of title 10, United States Code, is amended—

(1) by redesignating subsections (a) and (b) as subsections 

(b) and (c), respectively; and 

(2) by inserting before subsection (b), as so redesignated, 

the following new subsection: 

‘‘(a) TRANSFERS BETWEEN ARMED FORCES.—If either of the Secretaries concerned requests it and the other approves, real property 

may be transferred, without compensation, from one armed force 

to another. Section 2571(d) of this title shall apply to the transfer 

of real property under this subsection.’’. 

(b) INCLUSION OF DEPARTMENT OF JUSTICE PROGRAM TO SCREEN

AND CONVEY PROPERTY FOR CORRECTIONAL FACILITIES.—The text 

of section 2693 of such title is amended—

(1) by redesignating paragraphs (1), (2), and (3) of subsection (a) as subparagraphs (A), (B), and (C), respectively; 

(2) by redesignating paragraphs (1) and (2) of subsection 

(b) as subparagraphs (A) and (B), respectively, and in such 

subparagraph (B), as so redesignated, by striking ‘‘this section’’ 

and inserting ‘‘paragraph (1)’’; 

(3) by striking ‘‘(a) Except as provided in subsection (b)’’ 

and inserting ‘‘(f) SCREENING AND CONVEYANCE OF PROPERTY
H. R. 5122—395

FOR CORRECTIONAL FACILITIES PURPOSES.—(1) Except as provided in paragraph (2)’’; 

(4) by striking ‘‘(b) The provisions of this section’’ and 

inserting ‘‘(2) Paragraph (1)’’; and 

(5) by transferring the text, as so redesignated and 

amended, to appear as a new subsection (f) at the end of 

section 2696 of such title. 

(c) CONFORMING AMENDMENTS.—

(1) CONFORMING AMENDMENT TO AUTHORITY ON INTERCHANGE OF PROPERTY AND SERVICES.—Section 2571(a) of such 

title is amended by striking ‘‘and real estate’’. 

(2) REPEAL OF SUPERSEDED AUTHORITY ON SCREENING AND

TRANSFER FOR CORRECTIONAL PURPOSES.—Section 2693 of such 

title is repealed. 

(3) CONFORMING AMENDMENTS TO CONSOLIDATED

AUTHORITY.—Section 2696 of such title is amended—

(A) in subsection (b), as redesignated by subsection 

(a)(1), by striking ‘‘SCREENING REQUIREMENT.—’’ and 

inserting ‘‘SCREENING REQUIREMENTS FOR ADDITIONAL FED- ERAL USE.—’’; 

(B) in subsection (c)(1), as redesignated by subsection 

(a)(1), by striking ‘‘subsection (a)’’ in the first sentence 

and inserting ‘‘subsection (b)’’; 

(C) in subsection (d), by striking ‘‘subsection (b)(1)’’ 

and inserting ‘‘subsection (c)(1)’’; and 

(D) in subsection (e), by striking ‘‘this section’’ and 

inserting ‘‘subsection (b)’’. 

(d) CLERICAL AMENDMENTS.—

(1) SECTION 2571.—(A) The heading of section 2571 of such 

title is amended to read as follows: 

‘‘§ 2571. Interchange of supplies and services’’. 

(B) The table of sections at the beginning of chapter 153 

of such title is amended by striking the item relating to section 

2571 and inserting the following new item:

‘‘2571. Interchange of supplies and services.’’.

(2) SECTIONS 2693 AND 2696.—(A) The heading of section 

2696 of such title is amended to read as follows: 

‘‘§ 2696. Real property: transfer between armed forces and 

screening requirements for other Federal use’’. 

(B) The table of sections at the beginning of chapter 159 

of such title is amended—

(i) by striking the item relating to section 2693; and 

(ii) by striking the item relating to section 2696 and 

inserting the following new item:

‘‘2696. Real property: transfer between armed forces and screening requirements for 

other Federal use.’’.

SEC. 2826. DEFENSE ACCESS ROAD PROGRAM. 

Section 2837 of the Military Construction Authorization Act 

for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 

3522) is amended—

(1) in subsection (a)—

(A) by inserting ‘‘and transit systems’’ after ‘‘that 

roads’’; and 
H. R. 5122—396

(B) by striking ‘‘that is’’ and inserting ‘‘that are’’; and 

(2) in subsection (b)—

(A) by striking ‘‘and’’ at the end of paragraph (1); 

and 

(B) by striking paragraph (2) and inserting the following new paragraphs: 

‘‘(2) to determine whether the existing surface transportation infrastructure, including roads and transit at each 

installation identified under paragraph (1) is adequate to support the increased traffic associated with the increase in the 

number of defense personnel described in that paragraph; and 

‘‘(3) to determine whether the defense access road program 

adequately considers the complete range of surface transportation options, including roads and other means of transit, 

necessary to support the national defense.’’. 

SEC. 2827. REPORTS ON ARMY OPERATIONAL RANGES. 

(a) REPORT ON PINON CANYON MANEUVER SITE.—

(1) REPORT REQUIRED.—Not later than November 30, 2006, 

the Secretary of the Army shall submit to the congressional 

defense committees a report containing an analysis of any 

potential expansion of the Pinon Canyon Maneuver Site at 

Fort Carson, Colorado. 

(2) ELEMENTS OF REPORT.—The report required under paragraph (1) shall include the following: 

(A) A description of the current and projected military 

requirements of the Army for training at the Pinon Canyon 

Maneuver Site. 

(B) An analysis of the reasons for any changes in 

those requirements, including the extent to which the 

changes are the result of—

(i) an increase in military personnel using the 

Pinon Canyon Maneuver Site due to decisions made 

as part of the 2005 round of defense base closure 

and realignment under the Defense Base Closure and 

Realignment Act of 1990 (part A of title XXIX of Public 

Law 101–510; 10 U.S.C. 2687 note); 

(ii) the conversion of Army brigades to a modular 

format; 

(iii) the Integrated Global Presence and Basing 

Strategy; 

(iv) high operational tempos; or 

(v) surge requirements. 

(C) A proposed plan for addressing those requirements, 

including a description of any proposed expansion of the 

existing Pinon Canyon Maneuver Site by acquiring privately held land surrounding the site and an analysis of 

alternative approaches that would not require expansion. 

(3) ADDITIONAL ELEMENTS.—If the expansion of the Pinon 

Canyon Maneuver Site is recommended in the plan required 

by paragraph (2)(C), the report shall also include the following: 

(A) An assessment of the economic impact on local 

communities of expanding the Pinon Canyon Maneuver 

Site by acquiring privately held land surrounding the site. 

(B) An assessment of the environmental impact of 

expanding the Pinon Canyon Maneuver Site. 
H. R. 5122—397

(C) An estimate of the costs associated with the potential expansion, including land acquisition, range improvements, installation of utilities, environmental restoration, 

and other environmental activities in connection with the 

acquisition. 

(D) An assessment of options for compensating local 

communities for the loss of property tax revenue as a 

result of the expansion of the Pinon Canyon Maneuver 

Site. 

(E) An assessment of whether the acquisition of additional land at the Pinon Canyon Maneuver Site can be 

carried out by the Secretary solely through transactions, 

including land exchanges and the lease or purchase of 

easements, with willing sellers of the privately held land. 

(b) LIMITATION ON REAL PROPERTY ACQUISITION PENDING

REPORT.—The Secretary of the Army may not carry out any acquisition of real property to expand the Pinon Canyon Maneuver Site 

until at least 30 days after the date on which the Secretary submits 

the report required under subsection (a). 

(c) REPORT ON POTENTIAL EXPANSION OF ARMY OPERATIONAL

RANGES.—

(1) REPORT REQUIRED.—Not later than February 1, 2007, 

the Secretary of the Army shall submit to the congressional 

defense committees a report containing an assessment of the 

Army operational ranges used to support range activities. 

(2) CONTENT.—The report required under paragraph (1) 

shall include the following information: 

(A) The size, description, and mission-essential tasks 

supported by each Army operational range during fiscal 

year 2003. 

(B) A description of the projected changes in Army 

operational range requirements, including the size, 

characteristics, and attributes for mission-essential activities at each range and the extent to which any changes 

in requirements are a result of—

(i) decisions made as part of the 2005 round of 

defense base closure and realignment under the 

Defense Base Closure and Realignment Act of 1990 

(part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note); 

(ii) the conversion of Army brigades to a modular 

format; 

(iii) the Integrated Global Presence and Basing 

Strategy; 

(iv) high operational tempos; or 

(v) surge requirements. 

(C) The projected deficit or surplus of land at each 

Army operational range, and a description of the Army’s 

plan to address that projected deficit or surplus of land 

as well as the upgrade of range attributes at each existing 

Army operational range. 

(D) A description of the Army’s prioritization process 

and investment strategy to address the potential expansion 

or upgrade of Army operational ranges. 

(E) An analysis of alternatives to the expansion of 

Army operational ranges, including an assessment of the 
H. R. 5122—398

joint use of operational ranges under the jurisdiction, custody, or control of the Secretary of another military department. 

(3) DEFINITIONS.—In this subsection: 

(A) The term ‘‘Army operational range’’ has the 

meaning given the term ‘‘operational range’’ in section 

101(e)(3) of title 10, United States Code, except that the 

term is limited to operational ranges under the jurisdiction, 

custody, or control of the Secretary of the Army. 

(B) The term ‘‘range activities’’ has the meaning given 

that term in section 101(e)(2) of such title. 

Subtitle C—Base Closure and Realignment 

SEC. 2831. MODIFICATION OF DEPOSIT REQUIREMENTS IN CONNECTION WITH LEASE PROCEEDS RECEIVED AT MILITARY 

INSTALLATIONS APPROVED FOR CLOSURE OR REALIGNMENT AFTER JANUARY 1, 2005. 

Section 2667(d) of title 10, United States Code, is amended—

(1) in paragraph (1)(B)(ii), by striking ‘‘paragraph (4) or 

(5)’’ and inserting ‘‘paragraph (4), (5), or (6)’’; 

(2) in paragraph (5), by inserting after ‘‘lease under subsection (f)’’ the following: ‘‘at a military installation approved 

for closure or realignment under a base closure law before 

January 1, 2005,’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(6) Money rentals received by the United States from a lease 

under subsection (f) at a military installation approved for closure 

or realignment under a base closure law on or after January 1, 

2005, shall be deposited into the account established under section 

2906A(a) of the Defense Base Closure and Realignment Act of 

1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

note).’’. 

SEC. 2832. REPORT ON AIR FORCE AND AIR NATIONAL GUARD BASES 

AFFECTED BY 2005 ROUND OF DEFENSE BASE CLOSURE 

AND REALIGNMENT. 

(a) REPORT.—Not later than January 1, 2007, the Secretary 

of the Air Force shall submit to Congress a report on planning 

by the Department of the Air Force for future roles and missions 

for each Air Force and Air National Guard installation that—

(1) will have the number of aircraft, weapon systems, or 

functions assigned to the installation reduced or eliminated 

as a result of decisions made as part of the 2005 round of 

defense base closure and realignment under the Defense Base 

Closure and Realignment Act of 1990 (part A of title XXIX 

of Public Law 101–510; 10 U.S.C. 2687 note); or 

(2) will serve as a receiving location for the realignment 

of aircraft, weapons systems, or functions as a result of such 

decisions. 

(b) ELEMENTS OF REPORT.—The report required under subsection (a) shall include the following: 

(1) An assessment of the capabilities, characteristics, and 

capacity of the facilities, other infrastructure, and personnel 

at each installation described in subsection (a). 
H. R. 5122—399

(2) A description of the planning process used by the 

Department of the Air Force to determine future roles and 

missions at each installation described in subsection (a), 

including an analysis of alternatives for installations to support 

each future role or mission. 

(3) A description of the future roles and missions under 

consideration for each Air Force and Air National Guard 

installation, including installations described in subsection (a), 

and an explanation of the criteria and decision-making process 

to make final decisions about future roles and missions for 

each installation. 

(4) A timeline for decisions on the final determination 

of future roles and missions for each installation described 

in subsection (a). 

Subtitle D—Land Conveyances 

SEC. 2841. CONVEYANCE OF EASEMENT, PINE BLUFF ARSENAL, 

ARKANSAS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to Jefferson County, Arkansas (in 

this section referred to as the ‘‘County’’), all right, title, and interest 

of the United States in and to an easement that was acquired 

by the United States in 1942 for the benefit of Pine Bluff Arsenal, 

Arkansas, and encumbers the real property described in subsection 

(c) if the Secretary determines that the conveyance and subsequent 

use of the easement will not adversely impact the mission of Pine 

Bluff Arsenal. The conveyance shall include all appurtenances to 

the easement and any improvements thereon constructed by the 

United States. 

(b) PURPOSE OF CONVEYANCE.—The conveyance authorized by 

subsection (a) is for the sole purpose of permitting the County 

to construct, maintain, and operate a railroad over, upon, and 

across the real property encumbered by the easement. 

(c) DESCRIPTION OF PROPERTY ENCUMBERED BY EASEMENT.— The real property encumbered by the easement is situated in Jefferson County, Arkansas, consists of approximately 38.18 acres, and 

is described as PBR Tract No. 22, 23, 24, 25, 26, 27, 28, 29, 

30, 31, 32, 33, 34, 35, 36, 37, 38, 38–A, and 39 and includes 

the real property described in a Warranty Deed from C.C. Neal 

and Pearlee Neal dated August 14, 1942. If the Secretary determines that an additional survey is necessary to better determine 

the legal description of the real property encumbered by the easement, a survey satisfactory to the Secretary shall be conducted. 

(d) FURTHER TRANSFER, ASSIGNMENTS, OR PERMITS.—Subject 

to subsection (b), the County may make such further transfer or 

assignments, grant such permits, or make such other arrangements 

with regard to the easement conveyed under subsection (a) as 

the County considers beneficial and appropriate for the interests 

of the County. 

(e) PAYMENT OF COSTS OF CONVEYANCES.—

(1) PAYMENT REQUIRED.—The Secretary shall require the 

County to cover costs to be incurred by the Secretary, or to 

reimburse the Secretary for costs incurred by the Secretary, 

to carry out a conveyance under subsection (a), including survey 

costs, related to the conveyance. If amounts are collected from 
H. R. 5122—400

the County in advance of the Secretary incurring the actual 

costs, and the amount collected exceeds the costs actually 

incurred by the Secretary to carry out the conveyance, the 

Secretary shall refund the excess amount to the County. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

under paragraph (1) as reimbursement for costs incurred by 

the Secretary to carry out a conveyance under subsection (a) 

shall be credited to the fund or account that was used to 

cover the costs incurred by the Secretary in carrying out the 

conveyance. Amounts so credited shall be merged with amounts 

in such fund or account and shall be available for the same 

purposes, and subject to the same conditions and limitations, 

as amounts in such fund or account. 

(f) ADDITIONAL TERM AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2842. MODIFICATION OF LAND TRANSFER AUTHORITY, POTOMAC 

ANNEX, DISTRICT OF COLUMBIA. 

Section 2831(a) of the National Defense Authorization Act for 

Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2795) is amended 

by striking ‘‘consisting of approximately 3 acres’’ and inserting 

‘‘consisting of approximately 4 acres and containing two buildings, 

known as building 6 and building 7’’. 

SEC. 2843. LAND CONVEYANCE, NAVAL AIR STATION, BARBERS POINT, 

HAWAII. 

(a) CONVEYANCE OF PROPERTY.—Not later than September 30, 

2008, the Secretary of the Navy shall enter into a binding agreement 

to convey, by sale, lease, or a combination thereof, to any public 

or private person or entity outside the Department of Defense 

certain parcels of real property, including any improvements 

thereon, consisting of approximately 499 acres located at the former 

Naval Air Station, Barbers Point, Oahu, Hawaii, that are subject 

to the Ford Island Master Development Agreement developed pursuant to section 2814(a)(2) of title 10, United States Code, for the 

purpose of promoting the beneficial development of the real property. 

(b) USE OF EXISTING AUTHORITY.—To implement subsection 

(a), the Secretary may utilize the special conveyance and lease 

authorities provided to the Secretary by subsections (b) and (c) 

of section 2814 of title 10, United States Code, for the purpose 

of developing or facilitating the development of Ford Island, Hawaii. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2844. LAND CONVEYANCES, OMAHA, NEBRASKA. 

(a) CONVEYANCES AUTHORIZED.—

(1) ARMY CONVEYANCE.—The Secretary of the Army may 

convey to the Metropolitan Community College Area, a public 

community college located in Omaha, Nebraska (in this section 

referred to as the ‘‘College’’) all right, title, and interest of 
H. R. 5122—401

the United States in and to three parcels of real property 

under the control of the Army Reserve, including any improvements thereon, consisting of approximately 5.42 acres on the 

Fort Omaha campus at the College, for educational purposes. 

(2) NAVY CONVEYANCE.—The Secretary of the Navy may 

convey to the College all right, title, and interest of the United 

States in and to a parcel of real property under the control 

of the Navy Reserve and Marine Corps Reserve, including 

any improvements thereon, consisting of approximately 6.57 

acres on the Fort Omaha campus at the College, for educational 

purposes. 

(b) CONSIDERATION.—

(1) IN GENERAL.—As consideration for each conveyance 

under subsection (a), the College shall provide the United 

States, whether by cash payment, in-kind consideration, or 

a combination thereof, an amount that is not less than the 

fair market value of the conveyed property, as determined 

pursuant to an appraisal acceptable to the Secretary concerned. 

(2) REDUCED TUITION RATES.—The Secretary concerned may 

accept as in-kind consideration under paragraph (1) reduced 

tuition rates for military personnel at the College. 

(c) PAYMENT OF COSTS OF CONVEYANCES.— (1) PAYMENT REQUIRED.—The Secretary concerned shall 

require the College to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by 

the Secretary, to carry out a conveyance under subsection (a), 

including survey costs, related to the conveyance. If amounts 

are collected from the College in advance of the Secretary 

incurring the actual costs, and the amount collected exceeds 

the costs actually incurred by the Secretary to carry out the 

conveyance, the Secretary shall refund the excess amount to 

the College. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

under paragraph (1) as reimbursement for costs incurred by 

the Secretary concerned to carry out a conveyance under subsection (a) shall be credited to the fund or account that was 

used to cover the costs incurred by the Secretary in carrying 

out the conveyance. Amounts so credited shall be merged with 

amounts in such fund or account and shall be available for 

the same purposes, and subject to the same conditions and 

limitations, as amounts in such fund or account. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by surveys satisfactory to the Secretary 

concerned. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary concerned may require such additional terms and conditions in connection with the conveyances under subsection (a) as the Secretary 

considers appropriate to protect the interests of the United States. 

SEC. 2845. LAND CONVEYANCE, HOPKINTON, NEW HAMPSHIRE. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey to the Town of Hopkinton, New Hampshire (in this section 

referred to as the ‘‘Town’’), all right, title, and interest of the 

United States in and to a parcel of real property, including any 

improvements thereon, consisting of approximately 90 acres located 

at a site in Hopkinton, New Hampshire, known as the ‘‘Kast Hill’’ 
H. R. 5122—402

property for the purpose of permitting the Town to use the existing 

sand and gravel resources on the property and to ensure perpetual 

conservation of the property. 

(b) CONSIDERATION.—

(1) IN GENERAL.—As consideration for the conveyance under 

subsection (a), the Town shall, subject to paragraph (2), provide 

to the United States, whether by cash payment, in-kind consideration, or a combination thereof, an amount that is not less 

than the fair market value of the conveyed property, as determined pursuant to an appraisal acceptable to the Secretary. 

(2) WAIVER OF PAYMENT OF CONSIDERATION.—The Secretary 

may waive the requirement for consideration under paragraph 

(1) if the Secretary determines that the Town will not use 

the existing sand and gravel resources to generate revenue. 

(c) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) 

is not being used in accordance with the purpose of the conveyance 

specified in such subsection, all right, title, and interest in and 

to all or any portion of the property shall revert, at the option 

of the Secretary, to the United States, and the United States 

shall have the right of immediate entry onto the property. Any 

determination of the Secretary under this subsection shall be made 

on the record after an opportunity for a hearing. 

(d) PROHIBITION ON RECONVEYANCE OF LAND.—The Town may 

not reconvey any of the land acquired from the United States 

under subsection (a) without the prior approval of the Secretary. 

(e) PAYMENT OF COSTS OF CONVEYANCE.—

(1) PAYMENT REQUIRED.—The Secretary shall require the 

Town to cover costs to be incurred by the Secretary, or to 

reimburse the Secretary for costs incurred by the Secretary, 

to carry out the conveyance under subsection (a), including 

survey costs, costs related to environmental documentation, 

and other administrative costs related to the conveyance. If 

amounts are collected from the Town in advance of the Secretary incurring the actual costs, and the amount collected 

exceeds the costs actually incurred by the Secretary to carry 

out the conveyance, the Secretary shall refund the excess 

amount to the Town. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance. Amounts 

so credited shall be merged with amounts in such fund or 

account and shall be available for the same purposes, and 

subject to the same conditions and limitations, as amounts 

in such fund or account. 

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary. 

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance of real property under subsection (a) as the Secretary considers appropriate to protect the interests of the United 

States. 
H. R. 5122—403

SEC. 2846. LAND CONVEYANCE, NORTH HILLS ARMY RESERVE CENTER, 

ALLISON PARK, PENNSYLVANIA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey to the North Allegheny School District (in this section 

referred to as the ‘‘School District’’) all right, title, and interest 

of the United States in and to a parcel of real property consisting 

of approximately 11.15 acres and containing the North Hills Army 

Reserve Center in Allison Park, Pennsylvania, for the purpose 

of permitting the School District to use the property for educational 

and recreational purposes and for parking facilities related thereto. 

(b) CONSIDERATION.—The Secretary may waive any requirement for consideration in connection with the conveyance under 

subsection (a) if the Secretary determines that, were the conveyance 

of the property to be made under subchapter III of chapter 5 

of title 40, United States Code, for the same purpose specified 

in subsection (a), the conveyance could be made without consideration. 

(c) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) 

is not being used in accordance with the purpose of the conveyance 

specified in such subsection, all right, title, and interest in and 

to all or any portion of the property shall revert, at the option 

of the Secretary, to the United States, and the United States 

shall have the right of immediate entry onto the property. Any 

determination of the Secretary under this subsection shall be made 

on the record after an opportunity for a hearing. 

(d) PAYMENT OF COSTS OF CONVEYANCE.—

(1) PAYMENT REQUIRED.—The Secretary shall require the 

School District to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), 

including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the School District in 

advance of the Secretary incurring the actual costs, and the 

amount collected exceeds the costs actually incurred by the 

Secretary to carry out the conveyance, the Secretary shall 

refund the excess amount to the School District. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance. Amounts 

so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and 

subject to the same conditions and limitations, as amounts 

in such fund or account. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 
H. R. 5122—404

SEC. 2847. TRANSFER OF JURISDICTION, FORT JACKSON, SOUTH CAROLINA. 

(a) TRANSFER AUTHORIZED.—The Secretary of the Army may 

transfer, without reimbursement, to the administrative jurisdiction 

of the Secretary of Veterans Affairs a parcel of real property, 

including any improvements thereon, consisting of approximately 

600 acres and comprising a portion of Fort Jackson, South Carolina. 

(b) USE OF LAND.—The Secretary of Veterans Affairs shall 

establish on the real property transferred under subsection (a) 

a national cemetery under chapter 24 of title 38, United States 

Code. 

(c) LEGAL DESCRIPTION.—The exact acreage and legal description of the real property to be transferred under this section shall 

be determined by a survey satisfactory to the Secretary of the 

Army. The cost of the survey shall be borne by the Secretary 

of Veterans Affairs. 

(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Army may require such additional terms and conditions in connection with the transfer under this section as the Secretary of the 

Army considers appropriate to protect the interests of the United 

States. 

SEC. 2848. SENSE OF CONGRESS REGARDING LAND CONVEYANCE 

INVOLVING ARMY RESERVE CENTER, MARSHALL, TEXAS. 

It is the sense of Congress that the Secretary of the Army 

should consider the feasibility of conveying the Army Reserve 

Center at 1209 Pinecrest Drive East in Marshall, Texas, to the 

Marshall-Harrison County Veterans Association for the purpose 

of assisting the efforts of the Association in erecting a veterans 

memorial, creating a park, and establishing a museum recognizing 

and honoring the sacrifices and accomplishments of veterans of 

the Armed Forces. 

SEC. 2849. MODIFICATIONS TO LAND CONVEYANCE AUTHORITY, 

ENGINEERING PROVING GROUND, FORT BELVOIR, VIRGINIA. 

(a) CONSTRUCTION OF SECURITY BARRIER.—Section 2836 of the 

Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107; 115 Stat. 1314), as amended by 

section 2846 of the Military Construction Authorization Act for 

Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat. 

3527), is further amended—

(1) in subsection (b)(4), by striking ‘‘$3,880,000’’ and 

inserting ‘‘$4,880,000’’; and 

(2) in subsection (d)—

(A) in paragraph (1), by inserting after ‘‘Virginia,’’ the 

following: ‘‘and the construction of a security barrier, as 

applicable,’’; and 

(B) in paragraph (2), by inserting after ‘‘Building 191’’ 

the following: ‘‘and the construction of a security barrier, 

as applicable’’. 

(b) AUTHORITY TO ENTER INTO ALTERNATIVE AGREEMENT FOR

DESIGN AND CONSTRUCTION OF FAIRFAX COUNTY PARKWAY PORTION.—Such section 2836 is further amended—

(1) in subsection (b)—

(A) by amending paragraph (1) to read as follows: 
H. R. 5122—405

‘‘(1) except as provided in subsection (f), design and construct, at its expense and for public benefit, the portion of 

the Fairfax County Parkway through the Engineer Proving 

Ground (in this section referred to as the ‘Parkway portion’);’’; 

and 

(B) in paragraph (2), by inserting after ‘‘C514’’ the 

following: ‘‘, RW–214 (in this section referred to as ‘Parkway 

project’)’’; 

(2) by redesignating subsection (f) as subsection (g); 

(3) by inserting after subsection (e) the following new subsection: 

‘‘(f) ALTERNATE AGREEMENT FOR CONSTRUCTION OF ROAD.—

(1) The Secretary of the Army may, in connection with the conveyance authorized under subsection (a), enter into an agreement 

with the Commonwealth providing for the design and construction 

by the Department of the Army or the United States Department 

of Transportation of the Parkway portion and other portions of 

the Fairfax County Parkway off the Engineer Proving Ground that 

are necessary to complete the Parkway project (in this subsection 

referred to as the ‘alternate agreement’) if the Secretary determines 

that the alternate agreement is in the best interests of the United 

States to support the permanent relocation of additional military 

and civilian personnel at Fort Belvoir pursuant to decisions made 

as part of the 2005 round of defense base closure and realignment 

under the Defense Base Closure and Realignment Act of 1990 

(part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). 

‘‘(2) If the Secretary of Defense certifies that the Parkway 

portion is important to the national defense pursuant to section 

210 of title 23, United States Code, the Secretary of the Army 

may enter into an agreement with the Secretary of Transportation 

to carry out the alternate agreement under the Defense Access 

Road Program. 

‘‘(3) The Commonwealth shall pay to the Secretary of the Army 

the costs of the design and construction of the Parkway portion 

and any other portions of the Fairfax County Parkway off the 

Engineer Proving Ground designed and constructed under the alternate agreement. The Secretary shall apply such payment to the 

design and construction provided for in the alternate agreement. 

‘‘(4) Using the authorities available to the Secretary under 

chapter 160 of title 10, United States Code, and funds deposited 

in the Environmental Restoration Account, Army, established by 

section 2703(a) of such title and appropriated for this purpose, 

the Secretary may carry out environmental restoration activities 

on real property under the jurisdiction of the Secretary in support 

of the construction of the Parkway portion. 

‘‘(5) The alternate agreement shall be subject to the following 

conditions: 

‘‘(A) The Commonwealth shall acquire and retain all necessary right, title, and interest in any real property not under 

the jurisdiction of the Secretary that is necessary for construction of the Parkway portion or for construction of any other 

portions of the Fairfax County Parkway off the Engineer 

Proving Ground that will be constructed under the alternate 

agreement, and shall grant to the United States all necessary 

access to and use of such property for such construction. 

‘‘(B) The Secretary shall receive consideration from the 

Commonwealth as required in subsections (b)(2), (b)(3), and 
H. R. 5122—406

(b)(4) and shall carry out the acceptance and disposition of 

funds in accordance with subsection (d). 

‘‘(6) The design of the Parkway portion under the alternate 

agreement shall be subject to the approval of the Secretary and 

the Commonwealth in accordance with the Virginia Department 

of Transportation Approved Plan, dated June 15, 2004, Project 

#R000–029–249, PE–108, C–514, RW–214. For each phase of the 

design and construction of the Parkway portion under the alternate 

agreement, the Secretary may—

‘‘(A) accept funds from the Commonwealth; or 

‘‘(B) transfer funds received from the Commonwealth to 

the United States Department of Transportation. 

‘‘(7) Upon completion of the construction of the Parkway portion 

and any other portions of the Fairfax County Parkway off the 

Engineer Proving Ground required under the alternate agreement, 

the Secretary shall carry out the conveyance under subsection (a). 

As a condition of such conveyance carried out under the alternate 

agreement, the Secretary shall receive a written commitment, in 

a form satisfactory to the Secretary, that the Commonwealth agrees 

to accept all responsibility for the costs of operation and maintenance of the Parkway portion upon conveyance to the Commonwealth of such real property.’’; and 

(4) in subsection (g), as redesignated by paragraph (2), 

by inserting ‘‘or the alternate agreement authorized under subsection (f)’’ after ‘‘conveyance under subsection (a)’’. 

SEC. 2850. LAND CONVEYANCE, RADFORD ARMY AMMUNITION PLANT, 

NEW RIVER UNIT, VIRGINIA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to the Commonwealth of Virginia 

on behalf of the Virginia Department of Veterans Services (in 

this section referred to as the ‘‘Commonwealth’’) all right, title, 

and interest of the United States in and to a parcel of real property, 

including any improvements thereon, consisting of approximately 

85 acres at the Radford Army Ammunition Plant, New River Unit, 

Virginia, for the purpose of permitting the Commonwealth to establish on the property a cemetery operated by the Commonwealth 

for veterans of the Armed Forces. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) 

is not being used in accordance with the purpose of the conveyance 

specified in such subsection, all right, title, and interest in and 

to the property shall revert, at the option of the Secretary, to 

the United States, and the United States shall have the right 

of immediate entry onto the property. Any determination of the 

Secretary under this subsection shall be made on the record after 

an opportunity for a hearing. 

(c) PAYMENT OF COSTS OF CONVEYANCE.— (1) PAYMENT REQUIRED.—The Secretary shall require the 

Commonwealth to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), 

including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the Commonwealth in 

advance of the Secretary incurring the actual costs, and the 

amount collected exceeds the costs actually incurred by the 
H. R. 5122—407

Secretary to carry out the conveyance, the Secretary shall 

refund the excess amount to the Commonwealth. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance. Amounts 

so credited shall be merged with amounts in such fund or 

account and shall be available for the same purposes, and 

subject to the same conditions and limitations, as amounts 

in such fund or account. 

(d) DESCRIPTION OF REAL PROPERTY.—The exact acreage and 

legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the 

Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

Subtitle E—Energy Security 

SEC. 2851. CONSOLIDATION AND ENHANCEMENT OF LAWS TO IMPROVE 

DEPARTMENT OF DEFENSE ENERGY EFFICIENCY AND 

CONSERVATION. 

(a) CREATION OF NEW CHAPTER.— (1) REORGANIZATION OF SECTION 2865 OF TITLE 10.—Title 

10, United States Code, is amended by inserting after chapter 

172 the following new chapter: 

‘‘CHAPTER 173—ENERGY SECURITY

‘‘Subchapter 

‘‘I. Energy Security Activities ................................................................................ 2911

‘‘II. Energy-Related Procurement .......................................................................... 2922

‘‘III. General Provisions ......................................................................................... 2925

‘‘SUBCHAPTER I—ENERGY SECURITY ACTIVITIES

‘‘Sec. 

‘‘ 2911. Energy performance goals and plan for Department of Defense. 

‘‘ 2912. Availability and use of energy cost savings. 

‘‘ 2913. Energy savings contracts and activities. 

‘‘ 2914. Energy conservation construction projects. 

‘‘2915. New construction: use of renewable forms of energy and energy efficient 

products. ‘‘2916. Sale of electricity from alternate energy and cogeneration production facilities. 

‘‘2917. Development of geothermal energy on military lands. 

‘‘2918. Fuel sources for heating systems; prohibition on converting certain heating 

facilities.

‘‘§ 2911. Energy performance goals and plan for Department 

of Defense 

‘‘(a) ENERGY PERFORMANCE GOALS.—(1) The Secretary of 

Defense shall submit to the congressional defense committees the 

energy performance goals for the Department of Defense regarding 

transportation systems, support systems, utilities, and infrastructure and facilities. 

‘‘(2) The energy performance goals shall be submitted annually 

not later than the date on which the President submits to Congress 
H. R. 5122—408

the budget for the next fiscal year under section 1105 of title 

31 and cover that fiscal year as well as the next five, l0, and 

20 years. The Secretary shall identify changes to the energy 

performance goals since the previous submission. 

‘‘(b) ENERGY PERFORMANCE PLAN.—The Secretary of Defense 

shall develop, and update as necessary, a comprehensive plan to 

help achieve the energy performance goals for the Department 

of Defense. 

‘‘(c) SPECIAL CONSIDERATIONS.—For the purpose of developing 

and implementing the energy performance goals and energy 

performance plan, the Secretary of Defense shall consider at a 

minimum the following: 

‘‘(1) Opportunities to reduce the current rate of consumption of energy. 

‘‘(2) Opportunities to reduce the future demand and the 

requirements for the use of energy. 

‘‘(3) Opportunities to implement conservation measures to 

improve the efficient use of energy. 

‘‘(4) Opportunities to pursue alternative energy initiatives, 

including the use of alternative fuels in military vehicles and 

equipment. 

‘‘(5) Cost effectiveness, cost savings, and net present value 

of alternatives. 

‘‘(6) The value of diversification of types and sources of 

energy used. 

‘‘(7) The value of economies-of-scale associated with fewer 

energy types used. 

‘‘(8) The value of the use of renewable energy sources. 

‘‘(9) The potential for an action to serve as an incentive 

for members of the armed forces and civilian personnel to 

reduce energy consumption or adopt an improved energy 

performance measure. 

‘‘(d) SELECTION OF ENERGY CONSERVATION MEASURES.—(1) For 

the purpose of implementing the energy performance plan, the 

Secretary of Defense shall provide that the selection of energy 

conservation measures, including energy efficient maintenance, 

shall be limited to those measures that—

‘‘(A) are readily available; 

‘‘(B) demonstrate an economic return on the investment; 

‘‘(C) are consistent with the energy performance goals and 

energy performance plan for the Department; and 

‘‘(D) are supported by the special considerations specified 

in subsection (c). 

‘‘(2) In this subsection, the term ‘energy efficient maintenance’ 

includes—

‘‘(A) the repair of military vehicles, equipment, or facility 

and infrastructure systems, such as lighting, heating, or cooling 

equipment or systems, or industrial processes, by replacement 

with technology that—

‘‘(i) will achieve energy savings over the life-cycle of 

the equipment or system being repaired; and 

‘‘(ii) will meet the same end needs as the equipment 

or system being repaired; and 

‘‘(B) improvements in an operation or maintenance process, 

such as improved training or improved controls, that result 

in energy savings. 
H. R. 5122—409

‘‘§ 2912. Availability and use of energy cost savings 

‘‘(a) AVAILABILITY.—An amount of the funds appropriated to 

the Department of Defense for a fiscal year that is equal to the 

amount of energy cost savings realized by the Department, including 

financial benefits resulting from shared energy savings contracts 

entered into under section 2913 of this title, shall remain available 

for obligation under subsection (b) until expended, without additional authorization or appropriation. 

‘‘(b) USE.—The Secretary of Defense shall provide that the 

amount that remains available for obligation under subsection (a) 

and the funds made available under section 2916(b)(2) of this title 

shall be used as follows: 

‘‘(1) One-half of the amount shall be used for the 

implementation of additional energy conservation measures at 

buildings, facilities, or installations of the Department of 

Defense or related to vehicles and equipment of the Department, which are designated, in accordance with regulations 

prescribed by the Secretary of Defense, by the head of the 

department, agency, or instrumentality that realized the 

savings referred to in subsection (a). 

‘‘(2) One-half of the amount shall be used at the installation 

at which the savings were realized, as determined by the commanding officer of such installation consistent with applicable 

law and regulations, for—

‘‘(A) improvements to existing military family housing 

units; 

‘‘(B) any unspecified minor construction project that 

will enhance the quality of life of personnel; or 

‘‘(C) any morale, welfare, or recreation facility or 

service. 

‘‘(c) TREATMENT OF CERTAIN FINANCIAL INCENTIVES.—Financial 

incentives received from gas or electric utilities under section 2913 

of this title shall be credited to an appropriation designated by 

the Secretary of Defense. Amounts so credited shall be merged 

with the appropriation to which credited and shall be available 

for the same purposes and the same period as the appropriation 

with which merged. 

‘‘(d) CONGRESSIONAL NOTIFICATION.—The Secretary of Defense 

shall include in the budget material submitted to Congress in 

connection with the submission of the budget for a fiscal year 

pursuant to section 1105 of title 31 a separate statement of the 

amounts available for obligation under this section in that fiscal 

year. 

‘‘§ 2913. Energy savings contracts and activities 

‘‘(a) SHARED ENERGY SAVINGS CONTRACTS.—(1) The Secretary 

of Defense shall develop a simplified method of contracting for 

shared energy savings contract services that will accelerate the 

use of these contracts with respect to military installations and 

will reduce the administrative effort and cost on the part of the 

Department of Defense as well as the private sector. 

‘‘(2) In carrying out paragraph (1), the Secretary of Defense 

may—

‘‘(A) request statements of qualifications (as prescribed by 

the Secretary of Defense), including financial and performance 

information, from firms engaged in providing shared energy 

savings contracting; 
H. R. 5122—410

‘‘(B) designate from the statements received, with an update 

at least annually, those firms that are presumptively qualified 

to provide shared energy savings services; 

‘‘(C) select at least three firms from the qualifying list 

to conduct discussions concerning a particular proposed project, 

including requesting a technical and price proposal from such 

selected firms for such project; and 

‘‘(D) select from such firms the most qualified firm to 

provide shared energy savings services pursuant to a contractual arrangement that the Secretary determines is fair and 

reasonable, taking into account the estimated value of the 

services to be rendered and the scope and nature of the project. 

‘‘(3) In carrying out paragraph (1), the Secretary may also 

provide for the direct negotiation, by departments, agencies, and 

instrumentalities of the Department of Defense, of contracts with 

shared energy savings contractors that have been selected competitively and approved by any gas or electric utility serving the department, agency, or instrumentality concerned. 

‘‘(b) PARTICIPATION IN GAS OR ELECTRIC UTILITY PROGRAMS.—

The Secretary of Defense shall permit and encourage each military 

department, Defense Agency, and other instrumentality of the 

Department of Defense to participate in programs conducted by 

any gas or electric utility for the management of energy demand 

or for energy conservation. 

‘‘(c) ACCEPTANCE OF FINANCIAL INCENTIVE, GOODS, OR SERVICES.—The Secretary of Defense may authorize any military 

installation to accept any financial incentive, goods, or services 

generally available from a gas or electric utility, to adopt technologies and practices that the Secretary determines are in the 

interests of the United States and consistent with the energy 

performance goals for the Department of Defense. 

‘‘(d) AGREEMENTS WITH GAS OR ELECTRIC UTILITIES.—(1) The 

Secretary of Defense may authorize the Secretary of a military 

department having jurisdiction over a military installation to enter 

into agreements with gas or electric utilities to design and implement cost-effective demand and conservation incentive programs 

(including energy management services, facilities alterations, and 

the installation and maintenance of energy saving devices and 

technologies by the utilities) to address the requirements and circumstances of the installation. 

‘‘(2) If an agreement under this subsection provides for a utility 

to advance financing costs for the design or implementation of 

a program referred to in that paragraph to be repaid by the United 

States, the cost of such advance may be recovered by the utility 

under terms no less favorable than those applicable to its most 

favored customer. 

‘‘(3) Subject to the availability of appropriations, repayment 

of costs advanced under paragraph (2) shall be made from funds 

available to a military department for the purchase of utility services. 

‘‘(4) An agreement under this subsection shall provide that 

title to any energy-saving device or technology installed at a military 

installation pursuant to the agreement vest in the United States. 

Such title may vest at such time during the term of the agreement, 

or upon expiration of the agreement, as determined to be in the 

best interests of the United States. 
H. R. 5122—411

‘‘§ 2914. Energy conservation construction projects 

‘‘(a) PROJECTS AUTHORIZED.—The Secretary of Defense may 

carry out a military construction project for energy conservation, 

not previously authorized, using funds appropriated or otherwise 

made available for that purpose. 

‘‘(b) CONGRESSIONAL NOTIFICATION.—When a decision is made 

to carry out a project under this section, the Secretary of Defense 

shall notify in writing the appropriate committees of Congress 

of that decision. The project may then be carried out only after 

the end of the 21-day period beginning on the date the notification 

is received by such committees or, if earlier, the end of the 14-

day period beginning on the date on which a copy of the notification 

is provided in an electronic medium pursuant to section 480 of 

this title. 

‘‘SUBCHAPTER II—ENERGY-RELATED PROCUREMENT

‘‘Sec. 

‘‘2922. Liquid fuels and natural gas: contracts for storage, handling, or distribution. 

‘‘2922a. Contracts for energy or fuel for military installations. 

‘‘2922b. Procurement of energy systems using renewable forms of energy. 

‘‘2922c. Procurement of gasohol as motor vehicle fuel. 

‘‘2922d. Procurement of fuel derived from coal, oil shale, and tar sands. 

‘‘2922e. Acquisition of certain fuel sources: authority to waive contract procedures; 

acquisition by exchange; sales authority. 

‘‘2922f. Preference for energy efficient electric equipment.

‘‘SUBCHAPTER III—GENERAL PROVISIONS

‘‘Sec. 

‘‘2925. Annual report.

‘‘§ 2925. Annual report 

‘‘(a) REPORT REQUIRED.—As part of the annual submission of 

the energy performance goals for the Department of Defense under 

section 2911 of this title, the Secretary of Defense shall submit 

a report containing the following: 

‘‘(1) A description of the progress made to achieve the 

goals of the Energy Policy Act of 2005 (Public Law 109–58) 

and the energy performance goals for the Department of 

Defense during the preceding fiscal year. 

‘‘(2) A description of the actions taken to implement the 

energy performance plan in effect under section 2911 of this 

title and carry out this chapter during the preceding fiscal 

year. 

‘‘(3) A description of the energy savings realized from such 

actions. 

‘‘(4) An estimate of the types and quantities of energy 

consumed by the Department of Defense and members of the 

armed forces and civilian personnel residing or working on 

military installations during the preceding fiscal year, including 

a breakdown of energy consumption by user groups and types 

of energy, energy costs, and the quantities of renewable energy 

produced or procured by the Department. 

‘‘(5) A description of the types and amount of financial 

incentives received under section 2913 of this title during the 

preceding fiscal year and the appropriation account or accounts 

to which the incentives were credited. 
H. R. 5122—412

‘‘(b) INITIAL REPORT.—In the first report required under this 

section, the Secretary of Defense shall include the following: 

‘‘(1) Such recommendations for changes to this chapter 

as the Secretary considers appropriate to improve energy 

performance. 

‘‘(2) A description of how responsibility over energy 

performance is distributed within the Department of Defense 

and a discussion on whether such responsibilities should be 

consolidated within a single entity. 

‘‘(3) A discussion of the manner in which the Secretary 

intends to balance the considerations specified in subsection 

(c) of section 2911 of this title in developing and implementing 

the energy performance goals and energy performance plan. 

‘‘(4) A discussion of the extent to which non-direct energy 

costs are considered in making research and development, 

procurement, and construction decisions.’’. 

(2) CONFORMING REPEAL.—Section 2865 of title 10, United 

States Code, is repealed. 

(b) INCLUSION OF ADDITIONAL ENERGY-RELATED SECTIONS.—

(1) TRANSFER AND REDESIGNATION OF CHAPTER 159 AND

169 PROVISIONS.—Sections 2857, 2867, 2689, and 2690 of title 

10, United States Code, are—

(A) transferred to chapter 173 of such title, as added 

by subsection (a)(1); 

(B) inserted after section 2914; and 

(C) redesignated as sections 2915, 2916, 2917, and 

2918, respectively. 

(2) TRANSFER AND REDESIGNATION OF CHAPTER 141 PROVISIONS.—Sections 2388, 2394, 2394a, 2398, 2398a, 2404, and 

2410c of such title are—

(A) transferred to chapter 173 of such title, as added 

by subsection (a)(1); 

(B) inserted after the table of sections of subchapter 

II of such chapter; and 

(C) redesignated as sections 2922, 2922a, 2922b, 2922c, 

2922d, 2922e, and 2922f, respectively. 

(3) CONFORMING AMENDMENTS.—Chapter 173 of such title, 

as added by subsection (a)(1), is amended—

(A) in section 2915 (former section 2857), as transferred 

and redesignated by paragraph (1)—

(i) in subsection (a), by striking ‘‘would be practical 

and economically feasible’’ and inserting ‘‘is consistent 

with the energy performance goals and energy performance plan for the Department of Defense developed 

under section 2911 of this title and supported by the 

special considerations specified in subsection (c) of such 

section’’; and 

(ii) in subsection (b), by striking ‘‘in those cases 

in which use of such forms of energy has the potential 

for reduced energy costs’’; 

(B) in subsection (b)(2) of section 2916 (former section 

2867), as transferred and redesignated by paragraph (1), 

by striking ‘‘section 2865(a) of this title’’ and inserting 

‘‘section 2911(b) of this title’’; 

(C) in subsection (a)(1) of section 2922a (former section 

2394), as transferred and redesignated by paragraph (2), 
H. R. 5122—413

by striking ‘‘section 2689 of this title’’ and inserting ‘‘section 

2917 of this title’’; 

(D) in section 2922b (former section 2394a), as transferred and redesignated by paragraph (2)—

(i) in subsection (a)—

(I) by striking ‘‘possible and will be cost effective, reliable, and otherwise suited’’ and inserting 

‘‘possible, suited’’; and 

(II) by striking ‘‘his jurisdiction’’ and inserting 

‘‘the jurisdiction of the Secretary, consistent with 

the energy performance goals and energy performance plan for the Department of Defense developed 

under section 2911 of this title, and supported 

by the special considerations specified in subsection (c) of such section’’; 

(ii) in subsection (b)—

(I) by striking ‘‘cost effective and’’; and 

(II) by striking ‘‘section 2857 of this title’’ and 

inserting ‘‘section 2915 of this title’’; and 

(iii) by striking subsection (c); and 

(E) in subsection (a) of section 2922f (former section 

2410c), as transferred and redesignated by paragraph (2)—

(i) by striking ‘‘When cost effective, in’’ and 

inserting ‘‘In’’; and 

(ii) by striking ‘‘procurement, as the case may be.’’ 

and inserting ‘‘procurement, if providing such a preference is consistent with the energy performance goals 

and energy performance plan for the Department of 

Defense developed under section 2911 of this title and 

supported by the special considerations specified in 

subsection (c) of such section.’’. 

(4) APPLICABILITY OF CHAPTER 169 DEFINITIONS.—Section 

2801(c) of such title is amended by inserting ‘‘and chapter 

173 of this title’’ after ‘‘chapter’’ in the matter preceding paragraph (1). 

(c) CLERICAL AMENDMENTS.—

(1) REFERENCE TO NEW CHAPTER.—The table of chapters 

at the beginning of subtitle A of title 10, United States Code, 

and at the beginning of part IV of such subtitle, are each 

amended by inserting after the item relating to chapter 172 

the following new item:

‘‘173. ENERGY SECURITY..................................................................... 2911’’.

(2) CHAPTER 141.—The table of sections at the beginning 

of chapter 141 of such title is amended by striking the items 

relating to sections 2388, 2394, 2394a, 2398, 2398a, 2404, and 

2410c. 

(3) CHAPTER 159.—The table of sections at the beginning 

of chapter 159 of such title is amended by striking the items 

relating to sections 2689 and 2690. 

(4) CHAPTER 169.—The table of sections at the beginning 

of subchapter III of chapter 169 of such title is amended by 

striking the items relating to sections 2857, 2865, and 2867. 

(d) CONFORMING AMENDMENT TO WATER CONSERVATION

AUTHORITY.—Subsection (b) of section 2866 of title 10, United States 

Code, is amended to read as follows: 
H. R. 5122—414

‘‘(b) USE OF FINANCIAL INCENTIVES AND WATER COST SAVINGS.—

(1) Financial incentives received from utilities for management 

of water demand or water conservation under subsection (a)(2) 

shall be credited to an appropriation designated by the Secretary 

of Defense. Amounts so credited shall be merged with the appropriation to which credited and shall be available for the same purposes 

and the same period as the appropriation with which merged. 

‘‘(2) Water cost savings realized under subsection (a)(3) shall 

be used as follows: 

‘‘(A) One-half of the amount shall be used for water conservation activities at such buildings, facilities, or installations 

of the Department of Defense as may be designated (in accordance with regulations prescribed by the Secretary of Defense) 

by the head of the department, agency, or instrumentality 

that realized the water cost savings. 

‘‘(B) One-half of the amount shall be used at the installation 

at which the savings were realized, as determined by the commanding officer of such installation consistent with applicable 

law and regulations, for—

‘‘(i) improvements to existing military family housing 

units; 

‘‘(ii) any unspecified minor construction project that 

will enhance the quality of life of personnel; or 

‘‘(iii) any morale, welfare, or recreation facility or 

service. 

‘‘(3) The Secretary of Defense shall include in the budget material submitted to Congress in connection with the submission of 

the budget for a fiscal year pursuant to section 1105 of title 31 

a separate statement of the amounts available for obligation under 

this subsection in that fiscal year.’’. 

SEC. 2852. DEPARTMENT OF DEFENSE GOAL REGARDING USE OF 

RENEWABLE ENERGY TO MEET ELECTRICITY NEEDS. 

Section 2911 of title 10, United States Code, as added by 

section 2851 of this Act, is amended by adding at the end the 

following new subsection: 

‘‘(e) GOAL REGARDING USE OF RENEWABLE ENERGY TO MEET

ELECTRICITY NEEDS.—It shall be the goal of the Department of 

Defense—

‘‘(1) to produce or procure not less than 25 percent of 

the total quantity of electric energy it consumes within its 

facilities and in its activities during fiscal year 2025 and each 

fiscal year thereafter from renewable energy sources (as defined 

in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 

15852(b))); and 

‘‘(2) to produce or procure electric energy from renewable 

energy sources whenever the use of such renewable energy 

sources is consistent with the energy performance goals and 

energy performance plan for the Department and supported 

by the special considerations specified in subsection (c).’’. 

SEC. 2853. CONGRESSIONAL NOTIFICATION OF CANCELLATION 

CEILING FOR DEPARTMENT OF DEFENSE ENERGY 

SAVINGS PERFORMANCE CONTRACTS. 

Section 2913 of title 10, United States Code, as added by 

section 2851 of this Act, is amended by adding at the end the 

following new subsection: 
H. R. 5122—415

‘‘(e) CONGRESSIONAL NOTIFICATION OF CANCELLATION CEILING

FOR ENERGY SAVINGS PERFORMANCE CONTRACTS.—When a decision 

is made to award an energy savings performance contract that 

contains a clause setting forth a cancellation ceiling in excess of 

$7,000,000, the Secretary of Defense shall submit to the appropriate 

committees of Congress written notification of the proposed contract 

and of the proposed cancellation ceiling for the contract. The 

notification shall include the justification for the proposed cancellation ceiling. The contract may then be awarded only after the 

end of the 30-day period beginning on the date the notification 

is received by such committees or, if earlier, the end of the 15-

day period beginning on the date on which a copy of the notification 

is provided in an electronic medium pursuant to section 480 of 

this title.’’. 

SEC. 2854. USE OF ENERGY EFFICIENCY PRODUCTS IN NEW CONSTRUCTION. 

(a) USE OF ENERGY EFFICIENT PRODUCTS.—Section 2915 of 

title 10, United States Code, as transferred, redesignated, and 

amended by section 2851(b) of this Act, is amended by adding 

at the end the following new subsection: 

‘‘(e) USE OF ENERGY EFFICIENCY PRODUCTS IN NEW CONSTRUCTION.—(1) The Secretary of Defense shall ensure, to the maximum 

extent practicable, that energy efficient products meeting the 

requirements of the Department of Defense are used in new facility 

construction by or for the Department carried out under chapter 

169 of this title if such products are readily available and their 

use is consistent with the energy performance goals and energy 

performance plan for the Department developed under section 2911 

of this title and supported by the special considerations specified 

in subsection (c) of such section. 

‘‘(2) In determining the energy efficiency of products, the Secretary shall consider products that—

‘‘(A) meet or exceed Energy Star specifications; or 

‘‘(B) are listed on the Federal Energy Management Program 

Product Energy Efficiency Recommendations product list of 

the Department of Energy.’’. 

(b) CLERICAL AMENDMENTS.—Such section is further amended—

(1) by striking the section heading and inserting the following: 

‘‘§ 2915. New construction: use of renewable forms of energy 

and energy efficient products’’; 

(2) in subsection (a), by inserting ‘‘USE OF RENEWABLE

FORMS OF ENERGY ENCOURAGED.—’’ after ‘‘(a)’’; 

(3) in subsection (b), by inserting ‘‘CONSIDERATION DURING

DESIGN PHASE OF PROJECTS.—’’ after ‘‘(b)’’; 

(4) in subsection (c), by inserting ‘‘DETERMINATION OF COST

EFFECTIVENESS.—’’ after ‘‘(c)’’; and 

(5) in subsection (d), by inserting ‘‘EXCEPTION TO SQUARE

FEET AND COST PER SQUARE FOOT LIMITATIONS.—’’ after ‘‘(d)’’. 
H. R. 5122—416

Subtitle F—Other Matters 

SEC. 2861. AVAILABILITY OF RESEARCH AND TECHNICAL ASSISTANCE 

UNDER DEFENSE ECONOMIC ADJUSTMENT PROGRAM. 

Section 2391 of title 10, United States Code, is amended by 

inserting after subsection (b) the following new subsection: 

‘‘(c) RESEARCH AND TECHNICAL ASSISTANCE.—The Secretary of 

Defense may make grants to, or conclude cooperative agreements 

or enter into contracts with, another Federal agency, a State or 

local government, or any private entity to conduct research and 

provide technical assistance in support of activities under this section or Executive Order 12788 (57 Fed. Reg. 2213), as amended 

by section 33 of Executive Order 13286 (68 Fed. Reg. 10625) and 

Executive Order 13378 (70 Fed. Reg. 28413).’’. 

SEC. 2862. AVAILABILITY OF COMMUNITY PLANNING ASSISTANCE 

RELATING TO ENCROACHMENT OF CIVILIAN COMMUNITIES ON MILITARY FACILITIES USED FOR TRAINING BY 

THE ARMED FORCES. 

Section 2391(d)(1) of title 10, United States Code, is amended 

by adding at the end the following new sentence: ‘‘For purposes 

of subsection (b)(1)(D), the term ‘military installation’ includes a 

military facility owned and operated by any of the several States, 

the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, or the Virgin Islands, even though the facility 

is not under the jurisdiction of the Department of Defense, if the 

Secretary of Defense determines that the military facility is subject 

to significant use for training by the armed forces.’’. 

SEC. 2863. PROHIBITIONS AGAINST MAKING CERTAIN MILITARY AIRFIELDS OR FACILITIES AVAILABLE FOR USE BY CIVIL AIRCRAFT. 

(a) PROHIBITIONS.—With respect to each military installation 

specified in subsection (b), the Secretary of Defense and the Secretary of the Navy may not enter into an agreement, or authorize 

any other person to enter into an agreement, that would—

(1) authorize civil aircraft to regularly use an airfield or 

any other property at the installation; or 

(2) convey any real property at the installation, including 

any airfield at the installation, for the purpose of permitting 

the use of the property by civil aircraft. 

(b) COVERED INSTALLATIONS.—The prohibitions in subsection 

(a) apply with respect to the following military installations: 

(1) Marine Corps Air Station, Camp Pendleton, California. 

(2) Marine Corps Air Station, Miramar, California. 

(3) Marine Corps Base, Camp Pendleton, California. 

(4) Naval Air Station, North Island, California. 

(c) REPEAL OF EXISTING LIMITED PROHIBITION.—Section 2894 

of the Military Construction Authorization Act for Fiscal Year 1996 

(division B of Public Law 104–106; 110 Stat. 592) is repealed. 

SEC. 2864. MODIFICATION OF CERTAIN TRANSPORTATION PROJECTS. 

(a) HIGH PRIORITY PROJECTS.—The table in section 1702 of 

the Safe, Accountable, Flexible, Efficient Transportation Equity Act: 

A Legacy for Users (Public Law 109–59; 119 Stat. 1256) is 

amended—
H. R. 5122—417

(1) in the item designated as project 4333 (119 Stat. 1422), 

by striking ‘‘Plan and construct, land acquisition, Detroit West 

Riverfront Greenway’’ in the project description column and 

inserting ‘‘Detroit Riverfront Conservancy, Riverfront walkway, 

greenway, and adjacent land planning, construction, and land 

acquisition from Gabriel Richard Park at the Douglas Mac 

Arthur Bridge to Riverside Park at the Ambassador Bridge, 

Detroit’’; and 

(2) in the item designated as project 4651 (119 Stat. 1434), 

by striking ‘‘Grading, paving’’ and all that follows through 

‘‘Airport’’ in the project description column and inserting 

‘‘Grading, paving, roads, and the transfer of rail-to-truck for 

the intermodal facility at Rickenbacker Airport, Columbus, 

Ohio’’. 

(b) TRANSPORTATION IMPROVEMENT PROJECT.—The table in section 1934(c) of such Act (119 Stat. 1485) is amended in the item 

designated as project 196 (119 Stat. 1495) by striking ‘‘Detroit 

Riverfront Conservancy’’ and all that follows through ‘‘Detroit’’ in 

the project description column and inserting ‘‘Detroit Riverfront 

Conservancy, Riverfront walkway, greenway, and adjacent land 

planning, construction, and land acquisition from Gabriel Richard 

Park at the Douglas Mac Arthur Bridge to Riverside Park at the 

Ambassador Bridge, Detroit’’. 

SEC. 2865. AVAILABILITY OF FUNDS FOR SOUTH COUNTY COMMUTER 

RAIL PROJECT, PROVIDENCE, RHODE ISLAND. 

Funds available for the South County Commuter Rail project, 

Providence, Rhode Island, authorized by paragraphs (34) and (35) 

of section 3043(d) of the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users (Public Law 109–

59; 119 Stat. 1650) shall be available for the purchase of commuter 

rail equipment for the South County Commuter Rail project upon 

the receipt by the Rhode Island Department of Transportation 

of an approved environmental assessment for the South County 

Commuter Rail project. 

SEC. 2866. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE 

ISLAND. 

(a) ASSUMPTION OF RESPONSIBILITY FOR BARRIER.—Not later 

than two years after the date of the enactment of this Act, the 

Secretary of the Army, acting through the Chief of Engineers, 

shall assume responsibility for the annual operation and maintenance of the Fox Point Hurricane Barrier in Providence, Rhode 

Island. 

(b) IDENTIFICATION AND CONVEYANCE OF REQUIRED STRUC- TURES.—The City of Providence, Rhode Island, in coordination with 

the Secretary, shall identify any land and structures required for 

the continued operation and maintenance, repair, replacement, 

rehabilitation, and structural integrity of the Fox Point Hurricane 

Barrier. The City shall convey to the Secretary, by quitclaim deed 

and without consideration, all right, title, and interest of the City 

in and to the land and structures so identified. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary such funds as are necessary 

for each fiscal year for the operation and maintenance, including 

repair, replacement, and rehabilitation, of the Fox Point Hurricane 

Barrier. 
H. R. 5122—418

SEC. 2867. FEDERAL FUNDING FOR FIXED GUIDEWAY PROJECTS. 

The Federal Transit Administration’s Dear Colleague letter 

dated April 29, 2005 (C–05–05), which requires fixed guideway 

projects to achieve a ‘‘medium’’ cost-effectiveness rating for the 

Federal Transit Administration to recommend such projects for 

funding, shall not apply to the Northstar Corridor Commuter Rail 

Project in Minnesota. 

SEC. 2868. FEASIBILITY STUDY REGARDING USE OF GENERAL SERVICES ADMINISTRATION PROPERTY FOR FORT BELVOIR, 

VIRGINIA, REALIGNMENT. 

(a) FEASIBILITY STUDY.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of the Army 

shall submit to Congress a report evaluating the costs, benefits, 

feasibility, and suitability of locating support functions for Fort 

Belvoir and the Engineering Proving Grounds, Virginia, on property 

currently occupied by General Services Administration warehouses 

in Springfield, Virginia. 

(b) CONSULTATION.—The Secretary of the Army shall carry 

out this section in consultation with the Administrator of General 

Services. 

DIVISION C—DEPARTMENT OF ENERGY 

NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Plan for transformation of National Nuclear Security Administration nuclear weapons complex. 

Sec. 3112. Extension of Facilities and Infrastructure Recapitalization Program. 

Sec. 3113. Utilization of contributions to Global Threat Reduction Initiative. 

Sec. 3114. Utilization of contributions to Second Line of Defense program. 

Sec. 3115. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel. 

Sec. 3116. National Academy of Sciences study of quantification of margins and uncertainty methodology for assessing and certifying the safety and reliability of the nuclear stockpile. 

Sec. 3117. Consolidation of counterintelligence programs of Department of Energy 

and National Nuclear Security Administration. 

Sec. 3118. Notice-and-wait requirement applicable to certain third-party financing 

arrangements. 

Sec. 3119. Extension of deadline for transfer of lands to Los Alamos County, New 

Mexico, and of lands in trust for the Pueblo of San Ildefonso. 

Sec. 3120. Limitations on availability of funds for Waste Treatment and Immobilization Plant. 

Sec. 3121. Report on Russian Surplus Fissile Materials Disposition Program. 

Sec. 3122. Limitation on availability of funds for construction of MOX Fuel Fabrication Facility. 

Sec. 3123. Education of future nuclear engineers. 

Sec. 3124. Technical correction related to authorization of appropriations for fiscal 

year 2006.
H. R. 5122—419

Subtitle A—National Security Programs 

Authorizations 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated to the Department of Energy for 

fiscal year 2007 for the activities of the National Nuclear Security 

Administration in carrying out programs necessary for national 

security in the amount of $9,300,811,000, to be allocated as follows: 

(1) For weapons activities, $6,417,676,000. 

(2) For defense nuclear nonproliferation activities, 

$1,701,426,000. 

(3) For naval reactors, $795,133,000. 

(4) For the Office of the Administrator for Nuclear Security, 

$386,576,000. 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds 

referred to in subsection (a) that are available for carrying out 

plant projects, the Secretary of Energy may carry out the following 

new plant projects: 

(1) For weapons activities:

Project 07–D–140, project engineering and design, various 

locations, $4,977,000. 

Project 07–D–220, Radioactive Liquid Waste Treatment 

Facility upgrade, Los Alamos National Laboratory, Los Alamos, 

New Mexico, $14,828,000. 

Project 07–D–253, Technical Area 1 Heating Systems Modernization, Sandia National Laboratories, Albuquerque, New 

Mexico, $14,500,000. 

(2) For defense nuclear nonproliferation activities:

Project 07–SC–05, Physical Sciences Facility, Pacific Northwest National Laboratory, Richland, Washington, $4,220,000. 

(3) For naval reactors:

Project 07–D–190, project engineering and design, Materials Research Technology Complex, Bettis Atomic Power Laboratory, West Mifflin, Pennsylvania, $1,485,000. 

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2007 for defense environmental 

cleanup activities in carrying out programs necessary for national 

security in the amount of $5,435,312,000. 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2007 for other defense activities 

in carrying out programs necessary for national security in the 

amount of $717,788,000. 

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2007 for defense nuclear waste 

disposal for payment to the Nuclear Waste Fund established in 

section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

10222(c)) in the amount of $358,080,000. 
H. R. 5122—420

Subtitle B—Program Authorizations, 

Restrictions, and Limitations 

SEC. 3111. PLAN FOR TRANSFORMATION OF NATIONAL NUCLEAR 

SECURITY ADMINISTRATION NUCLEAR WEAPONS COMPLEX. 

(a) PLAN REQUIRED.—Subtitle A of title XLII of the Atomic 

Energy Defense Act (division D of Public Law 107–314) is amended 

by inserting after section 4213 (50 U.S.C. 2533) the following new 

section: 

‘‘SEC. 4214. PLAN FOR TRANSFORMATION OF NATIONAL NUCLEAR 

SECURITY ADMINISTRATION NUCLEAR WEAPONS COMPLEX. 

‘‘(a) PLAN REQUIRED.—The Secretary of Energy shall develop 

a plan to transform the nuclear weapons complex so as to achieve 

a responsive infrastructure by 2030. The plan shall be designed 

to accomplish the following objectives: 

‘‘(1) To maintain the safety, reliability, and security of 

the United States nuclear weapons stockpile. 

‘‘(2) To continue Stockpile Life Extension Programs that 

the Nuclear Weapons Council considers necessary. 

‘‘(3) To prepare to produce replacement warheads under 

the Reliable Replacement Warhead program at a rate necessary 

to meet future stockpile requirements, commencing with a first 

production unit in 2012 and achieving steady-state production 

using modern manufacturing processes by 2025. 

‘‘(4) To eliminate, within the nuclear weapons complex, 

duplication of production capability except to the extent 

required to ensure the safety, reliability, and security of the 

stockpile. 

‘‘(5) To maintain the current philosophy within the national 

security laboratories of peer review of nuclear weapons designs 

while eliminating duplication of laboratory capabilities except 

to the extent required to ensure the safety, reliability, and 

security of the stockpile. 

‘‘(6) To maintain the national security mission, and in 

particular the science-based Stockpile Stewardship Program, 

as the primary mission of the national security laboratories 

while optimizing the work-for-others activities of those laboratories to support other national security objectives in fields 

such as defense, intelligence, and homeland security. 

‘‘(7) To consolidate to the maximum extent practicable, 

and to provide for the ultimate disposition of, special nuclear 

material throughout the nuclear weapons complex, with the 

ultimate goal of eliminating Category I and II special nuclear 

material from the national security laboratories no later than 

March 1, 2012, so as to further reduce the footprint of the 

nuclear weapons complex, reduce security costs, and reduce 

transportation costs for special nuclear material. This objective 

does not preclude the retention of Category I and II special 

nuclear materials at a national security laboratory if the transformation plan required by this subsection envisions a pit 

production capability (including interim pit production) at a 

national security laboratory. 
H. R. 5122—421

‘‘(8) To employ a risk-based approach to ensure compliance 

with Design Basis Threat security requirements. 

‘‘(9) To expeditiously dismantle inactive nuclear weapons 

to reduce the size of the stockpile to the lowest level required 

by the Nuclear Weapons Council. 

‘‘(10) To operate the nuclear weapons complex in a more 

cost-effective manner. 

‘‘(b) REPORT.—Not later than February 1, 2007, the Secretary 

of Energy shall submit to the congressional defense committees 

a report on the transformation plan required by subsection (a). 

The report shall address each of the objectives required by subsection (c) and also include each of the following: 

‘‘(1) A comprehensive list of the capabilities, facilities, and 

project staffing that the National Nuclear Security Administration will need to have in place at the nuclear weapons complex 

as of 2030 to meet the requirements of the transformation 

plan. 

‘‘(2) A comprehensive list of the capabilities and facilities 

that the National Nuclear Security Administration currently 

has in place at the nuclear weapons complex that will not 

be needed as of 2030 to meet the requirements of the transformation plan. 

‘‘(3) A plan for implementing the transformation plan, 

including a schedule with incremental milestones. 

‘‘(c) CONSULTATION.—The Secretary of Energy shall develop 

the transformation plan required by subsection (a) in consultation 

with the Secretary of Defense and the Nuclear Weapons Council. 

‘‘(d) DEFINITION.—In this section, the term ‘national security 

laboratory’ has the meaning given such term in section 3281 of 

the National Nuclear Security Administration Act (50 U.S.C. 

2471).’’. 

(b) INCLUSION IN FUTURE-YEARS NUCLEAR SECURITY PROGRAM.—Section 3253 of the National Nuclear Security Administration Act (50 U.S.C. 2453) is amended in subsection (b) by adding 

at the end the following new paragraph: 

‘‘(5) A statement of proposed budget authority, estimated 

expenditures, and proposed appropriations necessary to support 

the programs required to implement the plan to transform 

the nuclear weapons complex under section 4214 of the Atomic 

Energy Defense Act, together with a detailed description of 

how the funds identified for each program element specified 

pursuant to paragraph (1) in the budget for the Administration 

for each fiscal year during that five-fiscal-year period will help 

ensure that those programs are implemented. The statement 

shall assume year-to-year funding profiles that account for 

increases only for projected inflation.’’. 

SEC. 3112. EXTENSION OF FACILITIES AND INFRASTRUCTURE 

RECAPITALIZATION PROGRAM. 

Section 3114 of the National Defense Authorization Act for 

Fiscal Year 2004 (Public Law 108–136; 50 U.S.C. 2453 note), as 

amended by section 3113 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2160), is amended—

(1) in subsection (a)(3)(F), by striking ‘‘2011’’ and inserting 

‘‘2013’’; and 
H. R. 5122—422

(2) in subsection (b), by striking ‘‘2011’’ and inserting 

‘‘2013’’. 

SEC. 3113. UTILIZATION OF CONTRIBUTIONS TO GLOBAL THREAT 

REDUCTION INITIATIVE. 

Section 3132 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108—375; 118 

Stat. 2166; 50 U.S.C. 2569) is amended—

(1) by redesignating subsection (f) as subsection (g); and 

(2) by adding after subsection (e) the following new subsection: 

‘‘(f) PARTICIPATION BY OTHER GOVERNMENTS AND ORGANIZATIONS.—

‘‘(1) IN GENERAL.—The Secretary of Energy may, with the 

concurrence of the Secretary of State, enter into one or more 

agreements with any person (including a foreign government, 

international organization, or multinational entity) that the 

Secretary of Energy considers appropriate under which the 

person contributes funds for purposes of the programs described 

in paragraph (2). 

‘‘(2) PROGRAMS COVERED.—The programs described in this 

paragraph are the following international programs within the 

Global Threat Reduction Initiative: 

‘‘(A) The International Radiological Threat Reduction 

program. 

‘‘(B) The Emerging Threats and Gap Materials program. 

‘‘(C) The Reduced Enrichment for Research and Test 

Reactors program. 

‘‘(D) The Russian Research Reactor Fuel Return program. 

‘‘(E) The Global Research Reactor Security program. 

‘‘(F) The Kazakhstan Spent Fuel program. 

‘‘(3) RETENTION AND USE OF AMOUNTS.—Notwithstanding 

section 3302 of title 31, United States Code, the Secretary 

of Energy may retain and use amounts contributed under an 

agreement under paragraph (1) for purposes of the programs 

described in paragraph (2). Amounts so contributed shall be 

retained in a separate fund established in the Treasury for 

such purposes and shall be available for use without further 

appropriation and without fiscal year limitation. 

‘‘(4) RETURN OF AMOUNTS NOT USED WITHIN 5 YEARS.—

If an amount contributed under an agreement under paragraph 

(1) is not used under this subsection within 5 years after 

it was contributed, the Secretary of Energy shall return that 

amount to the person who contributed it. 

‘‘(5) NOTICE TO CONGRESSIONAL DEFENSE COMMITTEES.—

Not later than 30 days after the receipt of an amount contributed under paragraph (1), the Secretary of Energy shall submit 

to the congressional defense committees a notice specifying 

the purpose and value of the contribution and identifying the 

person who contributed it. The Secretary may not use the 

amount until 15 days after the notice is submitted. 

‘‘(6) ANNUAL REPORT.—Not later than October 31 of each 

year, the Secretary of Energy shall submit to the congressional 

defense committees a report on the receipt and use of amounts 
H. R. 5122—423

under this subsection during the preceding fiscal year. Each 

report for a fiscal year shall set forth—

‘‘(A) a statement of any amounts received under this 

subsection, including, for each such amount, the value of 

the contribution and the person who contributed it; 

‘‘(B) a statement of any amounts used under this subsection, including, for each such amount, the purposes for 

which the amount was used; and 

‘‘(C) a statement of the amounts retained but not used 

under this subsection, including, for each such amount, 

the purposes (if known) for which the Secretary intends 

to use the amount. 

‘‘(7) EXPIRATION.—The authority to accept, retain, and use 

contributions under this subsection expires on December 31, 

2013.’’. 

SEC. 3114. UTILIZATION OF CONTRIBUTIONS TO SECOND LINE OF 

DEFENSE PROGRAM. 

(a) IN GENERAL.—The Secretary of Energy may, with the 

concurrence of the Secretary of State, enter into one or more agreements with any person (including a foreign government, international organization, or multinational entity) that the Secretary 

of Energy considers appropriate under which the person contributes 

funds for purposes of the Second Line of Defense program of the 

National Nuclear Security Administration. 

(b) RETENTION AND USE OF AMOUNTS.—Notwithstanding section 

3302 of title 31, United States Code, the Secretary of Energy may 

retain and use amounts contributed under an agreement under 

subsection (a) for purposes of the Second Line of Defense program. 

Amounts so contributed shall be retained in a separate fund established in the Treasury for such purposes and shall be available 

for use without further appropriation and without fiscal year limitation. 

(c) RETURN OF AMOUNTS NOT USED WITHIN 5 YEARS.—If an 

amount contributed under an agreement under subsection (a) is 

not used under this section within 5 years after it was contributed, 

the Secretary of Energy shall return that amount to the person 

who contributed it. 

(d) NOTICE TO CONGRESSIONAL DEFENSE COMMITTEES.—Not 

later than 30 days after the receipt of an amount contributed 

under subsection (a), the Secretary of Energy shall submit to the 

congressional defense committees a notice specifying the purpose 

and value of the contribution and identifying the person who 

contributed it. The Secretary may not use the amount until 15 

days after the notice is submitted. 

(e) ANNUAL REPORT.—Not later than October 31 of each year, 

the Secretary of Energy shall submit to the congressional defense 

committees a report on the receipt and use of amounts under 

this section during the preceding fiscal year. Each report for a 

fiscal year shall set forth—

(1) a statement of any amounts received under this section, 

including, for each such amount, the value of the contribution 

and the person who contributed it; 

(2) a statement of any amounts used under this section, 

including, for each such amount, the purposes for which the 

amount was used; and 
H. R. 5122—424

(3) a statement of the amounts retained but not used 

under this section, including, for each such amount, the purposes (if known) for which the Secretary intends to use the 

amount. 

(f) EXPIRATION.—The authority to accept, retain, and use contributions under this section expires on December 31, 2013. 

SEC. 3115. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT 

OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL 

PERSONNEL. 

Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 

2701(c)(1)) is amended by striking ‘‘September 30, 2006’’ and 

inserting ‘‘September 30, 2008’’. 

SEC. 3116. NATIONAL ACADEMY OF SCIENCES STUDY OF QUANTIFICATION OF MARGINS AND UNCERTAINTY METHODOLOGY 

FOR ASSESSING AND CERTIFYING THE SAFETY AND RELIABILITY OF THE NUCLEAR STOCKPILE. 

(a) STUDY REQUIRED.—The Secretary of Energy shall, as soon 

as practicable and no later than 120 days after the date of the 

enactment of this Act, enter into an arrangement with the National 

Research Council of the National Academy of Sciences for the 

Council to carry out a study of the quantification of margins and 

uncertainty methodology used by the national security laboratories 

for assessing and certifying the safety and reliability of the nuclear 

stockpile. 

(b) MATTERS INCLUDED.—The study required by subsection (a) 

shall evaluate the following: 

(1) The use of the quantification of margins and uncertainty 

methodology by the national security laboratories, including 

underlying assumptions of weapons performance and the ability 

of modeling and simulation tools to predict nuclear explosive 

package characteristics. 

(2) The manner in which that methodology is used to 

conduct the annual assessments of the nuclear weapons stockpile. 

(3) How the use of that methodology compares and contrasts between the national security laboratories. 

(4) Whether the application of the quantification of margins 

and uncertainty used for annual assessments and certification 

of the nuclear weapons stockpile can be applied to the planned 

Reliable Replacement Warhead program so as to carry out 

the objective of that program to reduce the likelihood of the 

resumption of underground testing of nuclear weapons. 

(c) REPORT.— (1) IN GENERAL.—Not later than one year after the date 

on which the arrangement required by subsection (a) is entered 

into, the National Research Council shall submit to the Secretary of Energy and the congressional committees specified 

in paragraph (2) a report on the study that addresses the 

matters listed in subsection (b) and any other matters considered by the National Research Council to be relevant to the 

use of the quantification of margins and uncertainty methodology in assessing the current or future nuclear weapons stockpile. 

(2) SPECIFIED COMMITTEES.—The congressional committees 

referred to in paragraph (1) are the following: 

(A) The Committee on Armed Services of the Senate. 
H. R. 5122—425

(B) The Committee on Armed Services of the House 

of Representatives. 

(d) PROVISION OF INFORMATION.—The Secretary of Energy shall, 

in a timely manner, make available to the National Research 

Council all information that the National Research Council considers necessary to carry out its responsibilities under this section. 

(e) FUNDING.—Of the amounts made available to the Department of Energy pursuant to the authorization of appropriations 

in section 3101, $2,000,000 shall be available for carrying out the 

study required by this section. 

SEC. 3117. CONSOLIDATION OF COUNTERINTELLIGENCE PROGRAMS 

OF DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR 

SECURITY ADMINISTRATION. 

(a) TRANSFER OF FUNCTIONS.—

(1) IN GENERAL.—The functions, personnel, funds, assets, 

and other resources of the Office of Defense Nuclear Counterintelligence of the National Nuclear Security Administration 

are transferred to the Secretary of Energy, to be administered 

(except to any extent otherwise directed by the Secretary) by 

the Director of the Office of Counterintelligence of the Department of Energy. 

(2) SUNSET.—Effective September 30, 2010—

(A) the functions, personnel, funds, assets, and other 

resources transferred by paragraph (1) are transferred to 

the Administrator for Nuclear Security; 

(B) subsection (e) of section 3220 of the National 

Nuclear Security Administration Act (50 U.S.C. 2410), as 

added by this section, is repealed; and 

(C) section 3233 of the National Nuclear Security 

Administration Act (50 U.S.C. 2423) is amended—

(i) in each of subsections (a) and (b), by striking 

‘‘The Secretary of Energy shall’’ and inserting ‘‘The 

Administrator shall’’; and 

(ii) in subsection (b), by striking ‘‘Office of Counterintelligence of the Department of Energy’’ and inserting 

‘‘Administration’’. 

(b) NNSA COUNTERINTELLIGENCE OFFICE ABOLISHED.— (1) IN GENERAL.—Section 3232 of the National Nuclear 

Security Administration Act (50 U.S.C. 2422) is amended—

(A) by amending the heading to read as follows: 

‘‘SEC. 3232. OFFICE OF DEFENSE NUCLEAR SECURITY.’’. 

(B) by striking subsection (a) and inserting the following new subsection (a): 

‘‘(a) ESTABLISHMENT.—There is within the Administration an 

Office of Defense Nuclear Security, headed by a Chief appointed 

by the Secretary of Energy. The Administrator shall recommend 

to the Secretary suitable candidates for such position.’’; 

(C) by striking subsection (b); and 

(D) by redesignating subsection (c) as subsection (b). 

(2) CONFORMING AMENDMENT.—The table of sections at 

the beginning of the National Nuclear Security Administration 

Act is amended by striking the item relating to section 3232 

and inserting the following new item:

‘‘Sec. 3232. Office of Defense Nuclear Security.’’.
H. R. 5122—426

(c) COUNTERINTELLIGENCE PROGRAMS AT NNSA FACILITIES.—

Section 3233 of the National Nuclear Security Administration Act 

(50 U.S.C. 2423) is amended—

(1) in each of subsections (a) and (b), by striking ‘‘The 

Administrator shall’’ and inserting ‘‘The Secretary of Energy 

shall’’; and 

(2) in subsection (b), by striking ‘‘Office of Defense Nuclear 

Counterintelligence’’ and inserting ‘‘Office of Counterintelligence of the Department of Energy’’. 

(d) STATUS OF NNSA INTELLIGENCE AND COUNTERINTELLIGENCE

PERSONNEL.—Section 3220 of the National Nuclear Security 

Administration Act (50 U.S.C. 2410) is amended by adding at the 

end the following new subsection: 

‘‘(e) STATUS OF INTELLIGENCE AND COUNTERINTELLIGENCE PER- SONNEL.—Notwithstanding the restrictions of subsections (a) and 

(b), each officer or employee of the Administration, or of a contractor 

of the Administration, who is carrying out activities related to 

intelligence or counterintelligence shall, in carrying out those activities, be subject to the authority, direction, and control of the Secretary of Energy or the Secretary’s delegate.’’. 

(e) NNSA INTELLIGENCE AND COUNTERINTELLIGENCE LIAISON.— Section 3218 of the National Nuclear Security Administration Act 

(50 U.S.C. 2408) is amended in subsection (b)—

(1) by redesignating paragraph (4) as paragraph (5); and 

(2) by inserting after paragraph (3) the following new paragraph (4): 

‘‘(4) Liaison with the Department of Energy’s Office of 

Intelligence and Counterintelligence.’’. 

(f) SERVICE FROM WHICH DOE INTELLIGENCE DIRECTOR AND

COUNTERINTELLIGENCE DIRECTOR APPOINTED.—Section 215(b)(1) 

(42 U.S.C. 7144b(b)(1)) and section 216(b)(1) (42 U.S.C. 7144c(b)(1)) 

of the Department of Energy Organization Act are each amended 

by striking ‘‘which shall be a position in the Senior Executive 

Service’’ and inserting ‘‘who shall be an employee in the Senior 

Executive Service, the Senior Intelligence Service, the Senior 

National Intelligence Service, or any other Service that the Secretary, in coordination with the Director of National Intelligence, 

considers appropriate’’. 

(g) INTELLIGENCE EXECUTIVE COMMITTEE; BUDGET FOR INTEL- LIGENCE AND COUNTERINTELLIGENCE.—Section 214 of the Department of Energy Organization Act (42 U.S.C. 7144a) is amended—

(1) by inserting ‘‘(a)’’ before ‘‘The Secretary shall be responsible’’; and 

(2) by adding at the end the following: 

‘‘(b)(1) There is within the Department an Intelligence Executive Committee. The Committee shall consist of the Deputy Secretary of Energy, who shall chair the Committee, and each Under 

Secretary of Energy. 

‘‘(2) The Committee shall be staffed by the Director of 

the Office of Intelligence and the Director of the Office of 

Counterintelligence. 

‘‘(3) The Secretary shall use the Committee to assist in 

developing and promulgating the counterintelligence and intelligence policies, requirements, and priorities of the Department. 

‘‘(c) In the budget justification materials submitted to Congress 

in support of each budget submitted by the President to Congress 

under title 31, United States Code, the amounts requested for 
H. R. 5122—427

the Department for intelligence functions and the amounts 

requested for the Department for counterintelligence functions shall 

each be specified in appropriately classified individual, dedicated 

program elements. Within the amounts requested for counterintelligence functions, the amounts requested for the National Nuclear 

Security Administration shall be specified separately from the 

amounts requested for other elements of the Department.’’. 

(h) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Department of Energy 

shall submit to Congress a report on the implementation of this 

section and of the amendments required by this section. The report 

shall include the Inspector General’s evaluation of that implementation. 

SEC. 3118. NOTICE-AND-WAIT REQUIREMENT APPLICABLE TO CERTAIN 

THIRD-PARTY FINANCING ARRANGEMENTS. 

Subtitle A of title XLVIII of the Atomic Energy Defense Act 

(50 U.S.C. 2781 et seq.) is amended by adding at the end the 

following new section: 

‘‘SEC. 4804. NOTICE-AND-WAIT REQUIREMENT APPLICABLE TO CERTAIN THIRD-PARTY FINANCING ARRANGEMENTS. 

‘‘(a) NOTICE-AND-WAIT REQUIREMENT.—The Secretary of Energy 

may not enter into an arrangement described in subsection (b) 

until 30 days after the date on which the Secretary notifies the 

congressional defense committees in writing of the proposed 

arrangement. 

‘‘(b) COVERED ARRANGEMENTS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

an arrangement referred to in subsection (a) is any alternative 

financing arrangement, third-party financing arrangement, 

public-private partnership, privatization arrangement, private 

capital arrangement, or other financing arrangement that—

‘‘(A) is entered into in connection with a project conducted using funds authorized to be appropriated to the 

Department of Energy to carry out programs necessary 

for national security; and 

‘‘(B) involves a contractor or Federal agency obtaining 

and charging to the Department of Energy as an allowable 

cost under a contract the use of office space, facilities, 

or other real property assets with a value of at least 

$5,000,000. 

‘‘(2) EXCEPTION.—An arrangement referred to in subsection 

(a) does not include an arrangement that—

‘‘(A) involves the Department of Energy or a contractor 

acquiring or entering into a capital lease for office space, 

facilities, or other real property assets; or 

‘‘(B) is entered into in connection with a capital 

improvement project undertaken as part of an energy 

savings performance contract under section 801 of the 

National Energy Conservation Policy Act (42 U.S.C. 8287).’’. 

SEC. 3119. EXTENSION OF DEADLINE FOR TRANSFER OF LANDS TO 

LOS ALAMOS COUNTY, NEW MEXICO, AND OF LANDS IN 

TRUST FOR THE PUEBLO OF SAN ILDEFONSO. 

Section 632 of the Departments of Commerce, Justice, and 

State, the Judiciary, and Related Agencies Appropriations Act, 1998 
H. R. 5122—428

(Public Law 105–119; 111 Stat. 2523; 42 U.S.C. 2391 note) is 

amended—

(1) in subsection (d)(2), by striking ‘‘10 years after the 

date of enactment of this Act’’ and inserting ‘‘November 26, 

2012’’; and 

(2) in subsection (g)(3)(B), by striking ‘‘the end of the 10-

year period beginning on the date of enactment of this Act’’ 

and inserting ‘‘November 26, 2012’’. 

SEC. 3120. LIMITATIONS ON AVAILABILITY OF FUNDS FOR WASTE 

TREATMENT AND IMMOBILIZATION PLANT. 

(a) LIMITATION RELATING TO EARNED VALUE MANAGEMENT

SYSTEM.—

(1) IN GENERAL.—Of the amount appropriated or otherwise 

available for defense environmental cleanup activities and 

available for the Waste Treatment and Immobilization Plant, 

not more than 90 percent of that amount may be obligated 

or expended. 

(2) TERMINATION OF LIMITATION.—Paragraph (1) does not 

apply after the date on which the Secretary of Energy certifies 

to the congressional defense committees that the Defense Contract Management Agency has recommended for acceptance 

the earned value management system used to track and report 

costs of the Waste Treatment and Immobilization Plant. 

(b) LIMITATION RELATING TO SEISMIC CRITERIA.— (1) IN GENERAL.—Of the amount appropriated or otherwise 

available for defense environmental cleanup activities and 

available for the Waste Treatment and Immobilization Plant, 

none of that amount may be obligated or expended for construction, or for the procurement of critical equipment affected by 

seismic criteria, relating to the Pretreatment Facility and the 

High-Level Waste Facility. 

(2) EXCEPTION.—Paragraph (1) does not apply to the obligation or expenditure of funds for construction that is necessary 

for maintenance or for activities related to maintenance. 

(3) TERMINATION OF LIMITATION.—Paragraph (1) does not 

apply after the date on which the Secretary of Energy certifies 

to the congressional defense committees that the final seismic 

and ground motion criteria have been approved by the Secretary 

and that the contracting officer of the Waste Treatment and 

Immobilization Plant Project has formally directed that the 

final criteria be used for the final design of the Pretreatment 

Facility and the High-Level Waste Facility. 

SEC. 3121. REPORT ON RUSSIAN SURPLUS FISSILE MATERIALS DISPOSITION PROGRAM. 

Not later than March 1, 2007, the Secretary of Energy shall 

submit to the congressional defense committees a report on the 

Russian Surplus Fissile Materials Disposition Program (in this 

section referred to as the ‘‘Program’’). The report shall include—

(1) a description of the disposition method the Government 

of Russia has agreed to use under the Program; 

(2) a description of the assistance the United States Government plans to provide under the Program; 

(3) an estimate of the total cost and schedule of such 

assistance; and 

(4) an explanation of how parallelism is to be defined 

for purposes of the Program, including projected goals for the 
H. R. 5122—429

disposition of Russian weapons-grade plutonium under the 2000 

Plutonium Disposition and Management Agreement, and 

whether such parallelism can be achieved if the United States 

mixed-oxide (MOX) plutonium disposition program continues 

on the current planned schedule without further delays. 

SEC. 3122. LIMITATION ON AVAILABILITY OF FUNDS FOR CONSTRUCTION OF MOX FUEL FABRICATION FACILITY. 

Of the amount appropriated under section 3101(a)(2) or otherwise available for defense nuclear nonproliferation activities for 

fiscal year 2007, none of that amount may be obligated for construction project 99–D–143, the Mixed-Oxide (MOX) Fuel Fabrication 

Facility, until 30 days after the date on which the Secretary of 

Energy provides to the congressional defense committees—

(1) an independent cost estimate for the United States 

Surplus Fissile Materials Disposition Program and facilities; 

(2) a written certification that the Department of Energy 

intends to use the MOX Fuel Fabrication Facility for United 

States plutonium disposition regardless of the future direction 

of the Russian Surplus Fissile Materials Disposition Program; 

and 

(3) a corrective action plan for addressing the issues raised 

by the Inspector General of the Department of Energy in the 

December 2005 report titled ‘‘The Status of the Mixed Oxide 

Fuel Fabrication Facility’’. 

SEC. 3123. EDUCATION OF FUTURE NUCLEAR ENGINEERS. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Department of Defense and the Department of 

Energy depend on the specialized expertise of nuclear engineers 

who support the development and sustainment of technologies 

including naval reactors, strategic weapons, and nuclear power 

plants. 

(2) Experts estimate that over 25 percent of the approximately 58,000 workers in the nuclear power industry in the 

United States will be eligible to retire within 5 years, representing both a huge loss of institutional memory and a potential national security crisis. 

(3) This shortfall of workers is exacerbated by reductions 

to the University Reactor Infrastructure and Education Assistance program, which trains civilian nuclear scientists and engineers. The defense and civilian nuclear industries are interdependent on a limited number of educational institutions to 

produce their workforce. A reduction in nuclear scientists and 

engineers trained in the civilian sector may result in a further 

loss of qualified personnel for defense-related research and 

engineering. 

(4) The Department of Defense’s successful Science, Math 

and Research for Transformation (SMART) scholarship-forservice program serves as a good model for a targeted scholarship or fellowship program designed to educate future scientists 

at the postsecondary and postgraduate levels. 

(b) REPORT ON EDUCATION OF FUTURE NUCLEAR ENGINEERS.—

(1) STUDY.—The Secretary of Energy shall study the feasibility and merit of establishing a targeted scholarship or fellowship program to educate future nuclear engineers at the postsecondary and postgraduate levels. 
H. R. 5122—430

(2) REPORT REQUIRED.—The President shall submit to the 

congressional defense committees, at the same time that the 

budget for fiscal year 2008 is submitted under section 1105(a) 

of title 31, United States Code, a report on the study conducted 

by the Secretary of Energy under paragraph (1). 

SEC. 3124. TECHNICAL CORRECTION RELATED TO AUTHORIZATION OF 

APPROPRIATIONS FOR FISCAL YEAR 2006. 

Effective as of January 6, 2006, and as if included therein 

as enacted, section 3101(a) of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3537) 

is amended by striking ‘‘$9,196,456’’ and inserting ‘‘$9,196,456,000’’. 

TITLE XXXII—DEFENSE NUCLEAR 

FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2007, 

$22,260,000 for the operation of the Defense Nuclear Facilities 

Safety Board under chapter 21 of the Atomic Energy Act of 1954 

(42 U.S.C. 2286 et seq.). 

TITLE XXXIII—NATIONAL DEFENSE 

STOCKPILE

Sec. 3301. Authorized uses of National Defense Stockpile funds. 

Sec. 3302. Revisions to required receipt objectives for previously authorized disposals from National Defense Stockpile.

SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 

FUNDS. 

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2007, 

the National Defense Stockpile Manager may obligate up to 

$52,132,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the 

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 

for the authorized uses of such funds under subsection (b)(2) of 

such section, including the disposal of hazardous materials that 

are environmentally sensitive. 

(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 

Manager may obligate amounts in excess of the amount specified 

in subsection (a) if the National Defense Stockpile Manager notifies 

Congress that extraordinary or emergency conditions necessitate 

the additional obligations. The National Defense Stockpile Manager 

may make the additional obligations described in the notification 

after the end of the 45-day period beginning on the date on which 

Congress receives the notification. 

(c) LIMITATIONS.—The authorities provided by this section shall 

be subject to such limitations as may be provided in appropriations 

Acts. 
H. R. 5122—431

SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED DISPOSALS FROM NATIONAL 

DEFENSE STOCKPILE. 

(a) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Section 3303(a) 

of the Strom Thurmond National Defense Authorization Act for 

Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 98d note), as 

amended by section 3302 of the Ronald W. Reagan National Defense 

Authorization Act for Year 2005 (Public Law 108–375; 118 Stat. 

2193) and section 3302 of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3545), is 

amended—

(1) by striking ‘‘and’’ at the end of paragraph (5); and 

(2) by striking the period at the end of paragraph (6) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(7) $1,016,000,000 by the end of fiscal year 2014.’’. 

(b) FISCAL YEAR 1998 DISPOSAL AUTHORITY.—Section 3305(a)(5) 

of the National Defense Authorization Act for Fiscal Year 1998 

(Public Law 105–85; 50 U.S.C. 98d note), as amended by section 

3305 of the National Defense Authorization Act for Fiscal Year 

2002 (Public Law 107–107; 115 Stat. 1390), is amended by striking 

‘‘2006’’ and inserting ‘‘2008’’. 

(c) FISCAL YEAR 1997 DISPOSAL AUTHORITY.—Section 3303 of 

the National Defense Authorization Act for Fiscal Year 1997 (Public 

Law 104–201; 50 U.S.C. 98d note), as amended by section 3402(f) 

of the National Defense Authorization Act for Year 2000 (Public 

Law 106–65; 113 Stat. 973) and section 3304(c) of the National 

Defense Authorization Act for 2002 (Public Law 107–107; 115 Stat. 

1390), is amended—

(1) in subsection (a), by striking paragraph (2) and inserting 

the following new paragraph (2): 

‘‘(2) $720,000,000 during the 12-fiscal year period ending 

September 30, 2008.’’; and 

(2) in subsection (b)(2), by striking ‘‘the 10-fiscal year 

period’’ and inserting ‘‘the period’’. 

TITLE XXXIV—NAVAL PETROLEUM 

RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AMOUNT.—There are hereby authorized to be appropriated 

to the Secretary of Energy $18,810,000 for fiscal year 2007 for 

the purpose of carrying out activities under chapter 641 of title 

10, United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended. 

TITLE XXXV—MARITIME 

ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2007. 

Sec. 3502. Amendments relating to the Maritime Security Fleet program. 
H. R. 5122—432

Sec. 3503. Applicability to certain Maritime Administration vessels of limitations 

on overhaul, repair, and maintenance of vessels in foreign shipyards. 

Sec. 3504. Vessel transfer authority. 

Sec. 3505. United States Merchant Marine Academy graduates: service requirements. 

Sec. 3506. United States Merchant Marine Academy graduates: service obligation 

performance reporting requirement. 

Sec. 3507. Temporary authority to transfer obsolete combatant vessels to Navy for 

disposal. 

Sec. 3508. Qualifying Reserve duty for receipt of student incentive payments. 

Sec. 3509. Large passenger ship crew requirements. 

Sec. 3510. Miscellaneous Maritime Administration provisions.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 

2007. 

Funds are hereby authorized to be appropriated for fiscal year 

2007, to be available without fiscal year limitation if so provided 

in appropriations Acts, for the use of the Department of Transportation for the Maritime Administration as follows: 

(1) For expenses necessary for operations and training 

activities, $116,442,000. 

(2) For paying reimbursement under section 3517 of the 

Maritime Security Act of 2003 (46 U.S.C. 53101 note), 

$19,500,000. 

(3) For assistance to small shipyards and maritime communities under section 3506 of the National Defense Authorization 

Act for Fiscal Year 2006 (46 U.S.C. App. 1249), $15,000,000. 

(4) For expenses to dispose of obsolete vessels in the 

National Defense Reserve Fleet, including provision of assistance under section 7 of Public Law 92–402, $25,740,000. 

(5) For administrative expenses related to the implementation of the loan guarantee program under title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), administrative expenses related implementation of the reimbursement 

program under section 3517 of the Maritime Security Act of 

2003 (46 U.S.C. 53101 note), and administrative expenses 

related to the implementation of the small shipyards and maritime communities assistance program under section 3506 of 

the National Defense Authorization Act for Fiscal Year 2006 

(46 U.S.C. App. 1249), $3,317,000. 

SEC. 3502. AMENDMENTS RELATING TO THE MARITIME SECURITY 

FLEET PROGRAM. 

(a) LIMITATION ON TRANSFER OF OPERATING AGREEMENTS.— Section 53105(e) of title 46, United States Code, is amended—

(1) by inserting ‘‘(1) IN GENERAL.—’’ before the first sentence; 

(2) by moving paragraph (1) (as designated by the amendment made by paragraph (1) of this subsection) so as to appear 

immediately below the heading for such subsection, and 2 ems 

to the right; and 

(3) by adding at the end the following: 

‘‘(2) LIMITATION.—The Secretary of Defense may not 

approve under paragraph (1) transfer of an operating agreement 

to a person that is not a citizen of the United States under 

section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802), 

unless the Secretary of Defense determines that there is no 

person who is a citizen under such section and is interested 
H. R. 5122—433

in obtaining the operating agreement for a vessel that is otherwise eligible to be included in the Fleet under section 53102(b) 

and meets the requirements of the Department of Defense.’’. 

(b) MARITIME SECURITY FLEET PROGRAM TANK VESSELS.—

(1) IN GENERAL.—Section 53103(c)(4) of title 46, United 

States Code, is amended—

(A) in subparagraph (A)(i) by striking ‘‘(i)’’ and 

inserting ‘‘(i)(I)’’; 

(B) in subparagraph (A) by redesignating clause (ii) 

as subclause (II) of clause (i); 

(C) in subparagraph (A)(i)(II), as so redesignated, by 

striking ‘‘53102(b).’’ and inserting ‘‘53102(b); or’’; 

(D) by inserting after subparagraph (A)(i)(II), as so 

redesignated, the following: 

‘‘(ii)(I) not later than 9 months after the first date 

amounts are available to carry out this chapter, the operator of the existing tank vessel enters into an agreement 

to charter one or more tank vessels to be built in the 

United States and operated as a documented vessel or 

documented vessels; 

‘‘(II) the combined tonnage of the vessels required to 

be chartered under subclause (I) is equal to or greater 

than the tonnage of the existing tank vessel subject to 

an operating agreement; 

‘‘(III) the operator enters into an agreement with the 

Secretary that is substantially the same as an Emergency 

Preparedness Agreement under section 53107 of this title, 

under which the operator shall make available commercial 

transportation resources as provided in that section; 

‘‘(IV) if the person that is the owner or operator of 

the existing tank vessel owns or operates more than one 

existing tank vessel subject to an operating agreement, 

the combined tonnage of those vessels required to be chartered under subclause (I) by that person is equal to or 

greater than the combined tonnage of all such existing 

tank vessels owned or operated by such person that are 

subject to operating agreements.’’; 

(E) in subparagraph (B) by inserting ‘‘with respect 

to which a binding contract is entered into under subparagraph (A)(i)’’ after ‘‘existing tank vessel’’; and 

(F) by adding at the end the following: 

‘‘(C) For purpose of subparagraph (A)(ii), tonnage shall 

be measured under section 14502 of this title, or an alternate 

tonnage measured under section 14302 of this title as prescribed 

by the Secretary under section 14104 of this title. 

‘‘(D) No payment under this chapter may be made for 

an existing tank vessel with respect to which an agreement 

is entered into under subparagraph (A)(ii) for any period occurring—

‘‘(i) after the date that is 5 years after the first date 

that amounts became available to carry out this chapter, 

if the vessel or vessels required to be chartered under 

subparagraph (A)(ii) have not been delivered; or 

‘‘(ii) after delivery of the vessel or vessels required 

to be chartered under such subparagraph, if any of such 

vessels is not chartered by the operator of the existing 

tank vessel.’’. 
H. R. 5122—434

(2) ASSISTANCE AUTHORITY.—Section 3543(a) of the 

National Defense Authorization Act for Fiscal Year 2004 (46 

U.S.C. 53101 note) is amended by striking ‘‘shall, to the extent 

of the availability of appropriations,’’ and inserting ‘‘may’’. 

(c) PRIORITY IN ALLOCATION OF AMOUNTS AVAILABLE FOR

ANNUAL PAYMENTS.—Section 53106 of title 46, United States Code, 

is amended by adding at the end the following: 

‘‘(f) PRIORITY IN ALLOCATION OF AVAILABLE AMOUNTS.—If the 

amount available for a fiscal year for making payments under 

operating agreements under this chapter is not sufficient to pay 

the full amount authorized under each agreement pursuant to 

this section for such fiscal year, the amount available shall be 

allocated among such agreements in a manner that gives priority 

to payments for vessels that are subject to agreements under section 

3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 note).’’. 

SEC. 3503. APPLICABILITY TO CERTAIN MARITIME ADMINISTRATION 

VESSELS OF LIMITATIONS ON OVERHAUL, REPAIR, AND 

MAINTENANCE OF VESSELS IN FOREIGN SHIPYARDS. 

Section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 

App. 1744) is amended by inserting after subsection (c) the following: 

‘‘(d) APPLICABILITY OF LIMITATIONS ON OVERHAUL, REPAIR, AND

MAINTENANCE IN FOREIGN SHIPYARDS.—

‘‘(1) APPLICATION OF LIMITATION.—The provisions of section 

7310 of title 10, United States Code, shall apply to vessels 

specified in subsection (b), and to the Secretary of Transportation with respect to those vessels, in the same manner as 

those provisions apply to vessels specified in subsection (b) 

of such section, and to the Secretary of the Navy, respectively. 

‘‘(2) COVERED VESSELS.—Vessels specified in this paragraph 

are vessels maintained by the Secretary of Transportation in 

support of the Department of Defense, including any vessel 

assigned by the Secretary of Transportation to the Ready 

Reserve Force that is owned by the United States.’’. 

SEC. 3504. VESSEL TRANSFER AUTHORITY. 

The Secretary of Transportation may transfer or otherwise 

make available without reimbursement to any other department 

a vessel under the jurisdiction of the Department of Transportation, 

upon request by the Secretary of the department that receives 

the vessel. 

SEC. 3505. UNITED STATES MERCHANT MARINE ACADEMY GRADUATES: 

SERVICE REQUIREMENTS. 

(a) ALTERNATE SERVICE.—Section 1303(e) of the Merchant 

Marine Act, 1936 (46 U.S.C. App. 1295b(e)) is amended by adding 

at the end the following: 

‘‘(6)(A) An individual who for the 5-year period following 

graduation from the Academy, serves as a commissioned officer 

on active duty in an armed force of the United States or as a 

commissioned officer of the National Oceanic and Atmospheric 

Administration or the Public Health Service shall be excused from 

the requirements of subparagraphs (C), (D), and (E) of paragraph 

(1). 

‘‘(B) The Secretary may modify or waive any of the terms 

and conditions set forth in paragraph (1) through the imposition 

of alternative service requirements.’’. 
H. R. 5122—435

(b) APPLICATION.—Paragraph (6) of section 1303(e) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1295b(e)), as added by 

this section, applies only to an individual who enrolls as a cadet 

at the United States Merchant Marine Academy, and signs an 

agreement under paragraph (1) of that section, after the date of 

the enactment of this Act. 

SEC. 3506. UNITED STATES MERCHANT MARINE ACADEMY GRADUATES: 

SERVICE OBLIGATION PERFORMANCE REPORTING 

REQUIREMENT. 

(a) IN GENERAL.—Section 1303(e) of the Merchant Marine Act, 

1936 (46 U.S.C. App. 1295b(e)) is further amended by adding at 

the end the following: 

‘‘(7)(A) Subject to any otherwise applicable restrictions on disclosure in section 552a of title 5, United States Code, the Secretary 

of Defense, the Secretary of the department in which the Coast 

Guard is operating, the Administrator of the National Oceanic 

and Atmospheric Administration, and the Surgeon General of the 

Public Health Service—

‘‘(i) shall report the status of obligated service of an individual graduate of the Academy upon request of the Secretary; 

and 

‘‘(ii) may, in their discretion, notify the Secretary of any 

failure of the graduate to perform the graduate’s duties, either 

on active duty or in the Ready Reserve component of their 

respective service, or as a commissioned officer of the National 

Oceanic and Atmospheric Administration or the Public Health 

Service, respectively. 

‘‘(B) A report or notice under subparagraph (A) shall identify 

any graduate determined to have failed to comply with service 

obligation requirements and provide all required information as 

to why such graduate failed to comply. 

‘‘(C) Upon receipt of such a report or notice, such graduate 

may be considered to be in default of the graduate’s service obligations by the Secretary, and subject to all remedies the Secretary 

may have with respect to such a default.’’. 

(b) APPLICATION.—The amendment made by this section does 

not apply with respect to an agreement entered into under section 

1303(e) of the Merchant Marine Act, 1936 (46 U.S.C. 1295b(e)) 

before the date of the enactment of this Act. 

SEC. 3507. TEMPORARY AUTHORITY TO TRANSFER OBSOLETE 

COMBATANT VESSELS TO NAVY FOR DISPOSAL. 

The Secretary of Transportation shall, subject to the availability 

of appropriations and consistent with section 1535 of title 31, United 

States Code, popularly known as the Economy Act, transfer to 

the Secretary of the Navy during fiscal year 2007 for disposal 

by the Navy, no fewer than 3 combatant vessels in the nonretention 

fleet of the Maritime Administration that are acceptable to the 

Secretary of the Navy. 

SEC. 3508. QUALIFYING RESERVE DUTY FOR RECEIPT OF STUDENT 

INCENTIVE PAYMENTS. 

Section 1304(g)(2) of title XIII of the Merchant Marine Act, 

1936 (46 U.S.C. App. 1295c(g)(2)) is amended to read as follows: 

‘‘(2) Each agreement entered into under paragraph (1) shall 

require the individual to accept enlisted reserve status in the United 

States Naval Reserve (including the Merchant Marine Reserve, 
H. R. 5122—436

United States Naval Reserve) or the United States Coast Guard 

Reserve before receiving any student incentive payments under 

this subsection.’’. 

SEC. 3509. LARGE PASSENGER SHIP CREW REQUIREMENTS. 

Section 8103 of title 46, United States Code, is amended by 

adding at the end the following: 

‘‘(k) CREW REQUIREMENTS FOR LARGE PASSENGER VESSELS.—

‘‘(1) CITIZENSHIP AND NATIONALITY.—Each unlicensed seaman on a large passenger vessel shall be—

‘‘(A) a citizen of the United States; 

‘‘(B) an alien lawfully admitted to the United States 

for permanent residence; 

‘‘(C) an alien allowed to be employed in the United 

States under the Immigration and Nationality Act (8 U.S.C. 

1101 et seq.), including an alien crewman described in 

section 101(a)(15)(D)(i) of that Act (8 U.S.C. 

1101(a)(15)(D)(i)), who meets the requirements of paragraph (3)(A) of this subsection; or 

‘‘(D) a foreign national who is enrolled in the United 

States Merchant Marine Academy. 

‘‘(2) PERCENTAGE LIMITATION FOR ALIEN SEAMEN.—Not more 

than 25 percent of the unlicensed seamen on a vessel described 

in paragraph (1) of this subsection may be aliens referred 

to in subparagraph (B) or (C) of that paragraph. 

‘‘(3) SPECIAL RULES FOR CERTAIN UNLICENSED SEAMEN.—

‘‘(A) QUALIFICATIONS.—An unlicensed seaman 

described in paragraph (1)(C) of this subsection—

‘‘(i) shall have been employed, for a period of not 

less than 1 year, on a passenger vessel under the 

same common ownership or control as the vessel 

described in paragraph (1) of this subsection, as certified by the owner or managing operator of such vessel 

to the Secretary; 

‘‘(ii) shall have no record of material disciplinary 

actions during such employment, as verified in writing 

by the owner or managing operator of such vessel 

to the Secretary; 

‘‘(iii) shall have successfully completed a United 

States Government security check of the relevant 

domestic and international databases, as appropriate, 

or any other national security-related information or 

database; 

‘‘(iv) shall have successfully undergone an 

employer background check—

‘‘(I) for which the owner or managing operator 

provides a signed report to the Secretary that 

describes the background checks undertaken that 

are reasonably and legally available to the owner 

or managing operator including personnel file 

information obtained from such seaman and from 

databases available to the public with respect to 

the seaman; 

‘‘(II) that consisted of a search of all information reasonably available to the owner or managing 

operator in the seaman’s country of citizenship 
H. R. 5122—437

and any other country in which the seaman 

receives employment referrals, or resides; 

‘‘(III) that is kept on the vessel and available 

for inspection by the Secretary; and 

‘‘(IV) the information derived from which is 

made available to the Secretary upon request; and 

‘‘(v) may not be a citizen or temporary or permanent resident of a country designated by the United 

States as a sponsor of terrorism or any other country 

that the Secretary, in consultation with the Secretary 

of State and the heads of other appropriate United 

States agencies, determines to be a security threat 

to the United States. 

‘‘(B) RESTRICTIONS.—An unlicensed seaman described 

in paragraph (1)(C) of this subsection—

‘‘(i) may be employed only in the steward’s department of the vessel; and 

‘‘(ii) may not perform watchstanding, automated 

engine room duty watch, or vessel navigation functions. 

‘‘(C) STATUS, DOCUMENTATION, AND EMPLOYMENT.—An 

unlicensed seaman described in subparagraph (C) or (D) 

of paragraph (1) of this subsection—

‘‘(i) is deemed to meet the nationality requirements 

necessary to qualify for a merchant mariners document 

notwithstanding the requirements of part 12 of title 

46, Code of Federal Regulations; 

‘‘(ii) is deemed to meet the proof-of-identity requirements necessary to qualify for a merchant mariners 

document, as prescribed under regulations promulgated by the Secretary, if the seaman possesses—

‘‘(I) an unexpired passport issued by the 

government of the country of which the seaman 

is a citizen or subject; and 

‘‘(II) an unexpired visa issued to the seaman, 

as described in paragraph (1)(C); 

‘‘(iii) shall, if eligible, be issued a merchant mariners document with an appropriate annotation 

reflecting the restrictions of subparagraph (B) of this 

paragraph; and 

‘‘(iv) may be employed for a period of service on 

board not to exceed 36 months in the aggregate as 

a nonimmigrant crewman described in section 

101(a)(15)(D)(i) of the Immigration and Nationality Act 

(8 U.S.C. 1101(a)(15)(D)(i)) on vessels engaged in 

domestic voyages notwithstanding the departure 

requirements and time limitations of such section and 

the regulations and rules promulgated thereunder. 

‘‘(4) MERCHANT MARINER’S DOCUMENT REQUIREMENTS NOT

AFFECTED.—This subsection shall not be construed to affect 

any requirement under Federal law that an individual must 

hold a merchant mariner’s document. 

‘‘(5) DEFINITIONS.—In this subsection: 

‘‘(A) STEWARD’S DEPARTMENT.—The term ‘steward’s 

department’ means the department that includes entertainment personnel and all service personnel, including wait 

staff, housekeeping staff, and galley workers, as defined 
H. R. 5122—438

in the vessel security plan approved by the Secretary pursuant to section 70103(c) of this title. 

‘‘(B) LARGE PASSENGER VESSEL.—The term ‘large passenger vessel’ means a vessel of more than 70,000 gross 

tons, as measured under section 14302 of this title, with 

capacity for at least 2,000 passengers and documented 

with a coastwise endorsement under chapter 121 of this 

title.’’. 

SEC. 3510. MISCELLANEOUS MARITIME ADMINISTRATION PROVISIONS. 

(a) TECHNICAL CORRECTION REGARDING WAR RISK INSURANCE

FOR MERCHANT MARINE VESSELS.—

(1) IN GENERAL.—Section 1208(a) of the Merchant Marine 

Act, 1936 (46 U.S.C. App. 1288(a)) is amended—

(A) by striking ‘‘Upon the request of the Secretary 

of Transportation, the Secretary of the Treasury may invest 

or reinvest all or any part of the fund in securities of 

the United States or in securities guaranteed as to principal 

and interest by the United States.’’; and 

(B) by inserting after ‘‘to the credit of such fund.’’ 

the following: ‘‘Payments of return premiums, losses, settlements, judgments, and all liabilities incurred by the United 

States under this title shall be made from such fund 

through the Fiscal Service of the Department of the 

Treasury.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall be effective as if enacted by section 3502 of the Ronald 

W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (118 Stat. 2195). 

(b) RIGHT TO USE MARITIME ADMINISTRATION DECORATION.— Section 8 of the Merchant Marine Decorations and Medals Act 

(46 U.S.C. App. 2007) is amended by inserting ‘‘or the Secretary 

of Transportation,’’ after ‘‘Act,’’. 

(c) INTERMODAL CENTERS.— (1) IN GENERAL.—Notwithstanding section 5309(m)(6)(B) of 

title 49, United States Code, half of the amounts appropriated 

or made available under subsections (b) and (c) of section 5338 

of title 49, United States Code, for capital projects under section 

5309(m)(6)(B) of that title for fiscal years 2006 through 2009 

shall be made available and used, in accordance with section 

9008(a) of Public Law 109–59, for an intermodal or marine 

facility comprising a component of the Hawaii Port Infrastructure Expansion Program. 

(2) SUPPLEMENTARY FUNDING.—Any amount made available 

under paragraph (1) shall be in addition to any amounts authorized to be appropriated under subsections (b) and (c) of section 

9008 of Public Law 109–59. 

(d) TECHNICAL CORRECTION.— (1) CORRECTION.—Section 3509 of the National Defense 

Authorization Act for Fiscal Year 2006 (119 Stat. 3557) is 

amended by striking ‘‘Maritime Education and Training Act 

of 1980’’ and inserting ‘‘Merchant Marine Act, 1936’’.
H. R. 5122—439

(2) EFFECTIVE DATE.—This subsection shall be effective 

immediately after section 3509 of the National Defense 

Authorization Act for Fiscal Year 2006 (119 Stat. 3557) takes 

effect.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.