In the Senate of the United States,

June 22, 2006.

Resolved, That the bill from the House of Representatives (H.R. 5122) entitled ‘‘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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; FINDINGS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘John Warner National Defense Authorization Act for Fis4 cal Year 2007’’.
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1 (b) FINDINGS.—Congress makes the following findings:

2 (1) Senator John Warner of Virginia was elected

3 a member of the United States Senate on November

4 7, 1978, for a full term beginning on January 3,

5 1979. He was subsequently appointed by the Governor

6 of Virginia to fill a vacancy on January 2, 1979, and

7 has served continuously since that date. He was ap8 pointed a member of the Committee on Armed Serv9 ices in January 1979, and has served continuously on

10 the Committee since that date, a period of nearly 28

11 years. Senator Warner’s service on the Committee

12 represents nearly half of its existence since it was es13 tablished after World War II.

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

15 Committee on Armed Services after a distinguished

16 record of service to the Nation, including combat serv17 ice in the Armed Forces and high civilian office.

18 (3) Senator Warner enlisted in the United States

19 Navy upon graduation from high school in 1945, and

20 served until the summer of 1946, when he was dis21 charged as a Petty Officer 3rd Class. He then at22 tended Washington and Lee University on the G.I.

23 Bill. He graduated in 1949 and entered the Univer24 sity of Virginia Law School.
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1 (4) Upon the outbreak of the Korean War in

2 1950, Senator Warner volunteered for active duty, in3 terrupting his education to accept a commission in

4 the United States Marine Corps. He served in combat

5 in Korea as a ground officer in the First Marine Air

6 Wing. Following his active service, he remained in the

7 Marine Corps Reserve for several years, attaining the

8 rank of captain.

9 (5) Senator Warner resumed his legal education

10 upon returning from the Korean War and graduated

11 from the University of Virginia Law School in 1953.

12 He was selected by the late Chief Judge E. Barrett

13 Prettyman of the United States Court of Appeals for

14 the District of Columbia Circuit as his law clerk.

15 After his service to Judge Prettyman, Senator Warner

16 became an Assistant United States Attorney in the

17 District of Columbia, and later entered private law

18 practice.

19 (6) In 1969, the Senate gave its advice and con20 sent to the appointment of Senator Warner as Under

21 Secretary of the Navy. He served in this position

22 until 1972, when he was confirmed and appointed as

23 the 61st Secretary of the Navy since the office was es24 tablished in 1798. As Secretary, Senator Warner was

25 the principal United States negotiator and signatory
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1 of the Incidents at Sea Executive Agreement with the

2 Soviet Union, which was signed in 1972 and remains

3 in effect today. It has served as the model for similar

4 agreements between states covering the operation of

5 naval ships and aircraft in international sea lanes

6 throughout the world.

7 (7) Senator Warner left the Department of the

8 Navy in 1974. His next public service was as Direc9 tor of the American Revolution Bicentennial Commis10 sion. In this capacity, he coordinated the celebration

11 of the Nation’s founding, directing the Federal role in

12 all 50 States and in over 20 foreign nations.

13 (8) Senator Warner has served as chairman of

14 the Committee on Armed Services of the United States

15 Senate from 1999 to 2001, and again since January

16 2003. He served as ranking minority member of the

17 committee from 1987 to 1993, and again from 2001

18 to 2003. Senator Warner concludes his service as

19 chairman at the end of the 109th Congress, but will

20 remain a member of the committee.

21 (9) This Act is the twenty-eighth annual author22 ization act for the Department of Defense for which

23 Senator Warner has taken a major responsibility as

24 a member of the Committee on Armed Services of the

25 United States Senate, and the fourteenth for which he
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1 has exercised a leadership role as chairman or rank2 ing minority member of the committee.

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

4 Under Secretary and Secretary of the Navy, and

5 member, ranking minority member, and chairman of

6 the Committee on Armed Services, has made unique

7 and lasting contributions to the national security of

8 the United States.

9 (11) It is altogether fitting and proper that his

10 Act, the last annual authorization Act for the na11 tional defense that Senator Warner manages in and

12 for the United States Senate as chairman of the Com13 mittee on Armed Services, be named in his honor, as

14 provided in subsection (a).

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

16 CONTENTS.

17 (a) DIVISIONS.—This Act is organized into three divi18 sions as follows:

19 (1) Division A—Department of Defense Author20 izations.

21 (2) Division B—Military Construction Author22 izations.

23 (3) Division C—Department of Energy National

24 Security Authorizations and Other Authorizations.
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1 (b) TABLE OF CONTENTS.—The table of contents for

2 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.

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Subtitle B—Army Programs

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

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

Sec. 113. Reports on Army Modularity Initiative.

Sec. 114. Replacement equipment.

Subtitle C—Navy Programs

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

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

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

Subtitle D—Air Force Programs

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

fiscal year 2006.

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

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

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

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

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

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

Sec. 148. Multi-spectral imaging capabilities.

Sec. 149. Minuteman III Intercontinental Ballistic Missiles.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for science and technology.

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

processing technology.
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Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Independent estimate of costs of the Future Combat Systems.

Sec. 212. Funding of defense science and technology programs.

Sec. 213. Hypersonics development.

Sec. 214. Trident sea-launched ballistic missiles.

Sec. 215. Arrow ballistic missile defense system.

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

Sec. 217. Advanced Aluminum Aerostructures Initiative.

Sec. 218. Legged mobility robotic research.

Sec. 219. Wideband Digital Airborne Electronic Sensing Array.

Sec. 220. Science and technology.

Subtitle C—Missile Defense Programs

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

fielding ballistic missile defense capabilities.

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

and fielding of missile defense capabilities.

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

Sec. 234. Submittal of plans for test and evaluation of the operational capability

of the ballistic missile defense system.

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

military departments.

Sec. 236. Testing and operations for missile defense.

Subtitle D—Other Matters

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

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

technology achievements.

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

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

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

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

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

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Other Department of Defense programs.

Subtitle B—Program Requirements, Restrictions, and Limitations

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

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

Forces.

Sec. 313. Limitation on financial management improvement and audit initiatives within the Department of Defense.
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Sec. 314. Limitation on availability of operation and maintenance funds for the

management headquarters of the Defense Information Systems

Agency.

Sec. 315. Expansion of Junior Reserve Officers’ Training Corps program.

Sec. 316. Infantry Combat Equipment.

Sec. 317. Individual First Aid Kit.

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

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

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

Holloman Air Force Base, New Mexico.

Subtitle C—Environmental Provisions

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

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

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

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

cooperative agreements under Environmental Restoration Program.

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

connection with Moses Lake Wellfield Superfund Site, Moses

Lake, Washington.

Subtitle D—Reports

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

Army and the Marine Corps.

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

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

Defense.

Sec. 354. Report on actions to reduce Department of Defense consumption of petroleum-based fuel.

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

support of reserve units being mobilized and other units.

Sec. 356. Plan to replace equipment withdrawn or diverted from the reserve components of the Armed Forces for Operation Iraqi Freedom or

Operation Enduring Freedom.

Sec. 357. Plan to replace equipment withdrawn or diverted from the reserve components of the Armed Forces for Operation Iraqi Freedom or

Operation Enduring Freedom.

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

threats.

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

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

operations at Pueblo Memorial Airport, Colorado.

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

Subtitle E—Workplace and Depot Issues

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

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

limitation on the performance of depot-level maintenance.
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Sec. 363. Additional exception to prohibition on contractor performance of firefighting functions.

Sec. 364. Temporary security guard services for certain work caused by realignment of military installations under the base closure laws.

Subtitle F—Other Matters

Sec. 371. Recycling of military munitions.

Sec. 372. Incentives clauses in chemical demilitarization contracts.

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

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

Armed Forces in Operation Enduring Freedom and Operation

Iraqi Freedom.

Sec. 375. Energy efficiency in weapons platforms.

Sec. 376. Chemical demilitarization program contracting authority.

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

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

civilian authorities.

Sec. 379. Recovery and availability to corporation for the promotion of rifle practice and firearms safety of certain firearms, ammunition, and

parts.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

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

major regional contingencies.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

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

for operational support.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Sec. 422. Armed Forces Retirement Home.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

PART I—OFFICER PERSONNEL POLICY GENERALLY

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

Sec. 502. Extension of temporary reduction of time-in-grade requirement for eligibility for promotion for certain active-duty list officers in

grades of first lieutenant and lieutenant (junior grade).

Sec. 503. Extension of age limits for active-duty general and flag officers.
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Sec. 504. Modification of authorities on senior members of the Judge Advocate

General’s Corps.

Sec. 505. Requirement for significant joint experience for officers appointed as

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

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

Physician to the Congress.

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

4, twice failing selection for promotion.

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

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

School.

PART II—OFFICER PROMOTION POLICY

Sec. 515. Promotions.

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

recommendations on officers to be promoted.

Sec. 517. Expanded authority for removal from reports of selection boards of officers recommended for promotion to grades below general and

flag grades.

Sec. 518. Clarification of nondisclosure requirements applicable to promotion selection board proceedings.

Sec. 519. Special selection board authorities.

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

the Senate.

Sec. 521. Report on joint officer promotion boards.

PART III—JOINT OFFICER MANAGEMENT REQUIREMENTS

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

joint qualified officers.

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

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

Sec. 529. Modification of definitions relating to jointness.

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

Subtitle B—Reserve Component Personnel Matters

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

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

Destruction Civil Support Teams.

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

Guard and Reserves.

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

civilian life after deployment.

Subtitle C—Military Justice and Related Matters

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

Armed Forces ordered to active duty overseas in inactive duty

for training status.

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

a time of war.
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Subtitle D—Education and Training Matters

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

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

Corps instruction.

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

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

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

program.

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

enlisted members of the Armed Forces.

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

Sec. 568. Department of Defense policy on service academy and ROTC graduates

seeking to participate in professional sports before completion of

their active-duty service obligations.

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

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

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

Subtitle E—Defense Dependents Education Matters

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

civilian employees.

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

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

or BRAC.

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

relocation of military units.

Subtitle F—Other Matters

Sec. 581. Administration of oaths.

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

Sec. 583. Military voting matters.

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

of Honor recipients.

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

for recruitment and retention purposes.

Sec. 586. Military Severely Injured Center.

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

Armed Forces for extraordinary acts of bravery, heroism, and

achievement.

Sec. 588. Report on provision of electronic copy of military records on discharge

or release of members from the Armed Forces.

Sec. 589. Purple Heart award eligibility.

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

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

Sec. 592. Funeral ceremonies for veterans.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

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

pay rates.

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

grades.

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

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

members to pay for meals provided by military treatment facilities.

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

a contingency operation.

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

Subtitle B—Bonuses and Special and Incentive Pays

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

forces.

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

health care professionals.

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

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

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

critically short wartime specialties.

Sec. 616. Expansion and enhancement of accession bonus authorities for certain

officers in health care specialities.

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

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

the Armed Forces.

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

initial enlistees in the Army.

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

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

persons for enlistment in the Army.

Subtitle C—Travel and Transportation Allowances

Sec. 631. Expansion of payment of replacement value of personal property damaged during transport at government expense.

Subtitle D—Retired Pay and Survivor Benefits

Sec. 641. Modification of Department of Defense contributions to Military Retirement Fund and government contributions to Medicare-Eligible

Retiree Health Care Fund.
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Sec. 642. Repeal of requirement of reduction of SBP survivor annuities by dependency and indemnity compensation.

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

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

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

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

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

Armed Forces after separation from service.

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

Forces as fallen hero compensation.

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

of unemployability.

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

rates of basic pay provided by law.

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

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

annuities for dependents under the survivor benefit plan.

Sec. 653. Commencement of receipt of non-regular service retired pay by members

of the Ready Reserve on active Federal status or active duty for

significant periods.

Subtitle E—Other Matters

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

zone for inpatient care.

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

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

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

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

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

allowances.

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

dependent.

Sec. 667. Joint family support assistance program.

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

Subtitle F—Transition Assistance for Members of the National Guard and Reserve Returning From Deployment in Operation Iraqi Freedom or Operation

Enduring Freedom

Sec. 681. Short title.

Sec. 682. Special working group on transition to civilian employment of members

of the National Guard and Reserve returning from deployment

in Operation Iraqi Freedom and Operation Enduring Freedom.

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

Sec. 684. Additional responsibilities of Department of Defense task force on mental health relating to mental health of members of the National

Guard and Reserve deployed in Operation Iraqi Freedom and

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

National Guard and Reserve and their families after deployment

in Operation Iraqi Freedom and Operation Enduring Freedom.

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

the Armed Forces in Operation Iraqi Freedom and Operation

Enduring Freedom.

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

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

Operation Enduring Freedom.

TITLE VII—HEALTH CARE

Subtitle A—Benefits Matters

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

Sec. 702. National mail-order pharmacy program.

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

with dental procedures for which dental anesthesia is inappropriate.

Sec. 704. TRICARE coverage for forensic examinations following sexual assaults

and domestic violence.

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

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

TRICARE of members of reserve components who commit to

continued service in Selected Reserve after release from active

duty.

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

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

under TRICARE.

Subtitle B—Planning, Programming, and Management

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

Sec. 722. Relationship between the TRICARE program and employer-sponsored

group health care plans.

Sec. 723. Enrollment in the TRICARE program.

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

program in medically underserved areas.

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

Medicare program.

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

contractors under TRICARE.

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

Sec. 728. Disease and chronic care management.

Sec. 729. Post-deployment health assessments for members of the Armed Forces returning from deployment in support of a contingency operation.

Sec. 730. Mental Health Self-Assessment Program.

Sec. 731. Additional authorized option periods for extension of current contracts

under TRICARE.

Sec. 732. Military vaccination matters.
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Sec. 733. Enhanced mental health screening and services for members of the

Armed Forces.

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

education services under extended benefits under TRICARE.

Subtitle C—Studies and Reports

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

Stress Disorder and other mental health conditions.

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

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

program.

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

and cost-saving measures.

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

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

Subtitle D—Other Matters

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

positions to civilian medical and dental positions.

Sec. 762. Transfer of custody of the Air Force health study assets to Medical Follow-Up Agency.

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

of the Department of Defense.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND

RELATED MATTERS

Subtitle A—Acquisition Policy and Management

Sec. 801. Additional certification requirements for major defense acquisition programs.

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

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

programs.

Sec. 804. Major automated information system programs.

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

programs experiencing cost growth resulting from damage

caused by Hurricanes Katrina, Rita, and Wilma.

Sec. 806. Internal controls for procurements on behalf of the Department of Defense by certain non-defense agencies.

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

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

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

services.

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

trend analyses of the Department of Defense.

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

weapon systems.

Sec. 812. Government performance of critical acquisition functions.

Subtitle B—Defense Industrial Base Matters

Sec. 821. Removal of hand and measuring tools from certain requirements.
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Sec. 822. Applicability of certain requirements regarding specialty metals.

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

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

military system essential item breakout list.

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

Subtitle C—Defense Contractor Matters

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

Sec. 842. Lead systems integrators.

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

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

Sec. 845. Report on Department of Defense contracting with contractors or subcontractors employing members of the Selective Reserve.

Subtitle D—Program Manager Matters

Sec. 861. Program manager empowerment and accountability.

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

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

periods.

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

Sec. 865. Comptroller General report.

Subtitle E—Other Matters

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

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

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

with employers of persons with disabilities.

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

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

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

Organizations

Sec. 901. United States Military Cancer Institute.

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

Assistant Secretary of Defense for Special Operations and Low

Intensity Conflict.

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

Bugle Corps.

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

Subtitle B—Space Activities

Sec. 911. Establishment of operationally responsive space capabilities.

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

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

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

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

Logistics and Materiel Readiness.

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

care resources by the Department of Defense and Department of

Veterans Affairs.

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

Operational Test and Evaluation on a permanent basis.

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

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

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

Special Forces.

Subtitle D—National Guard Bureau Matters

Sec. 931. Short title.

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

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

Northern Command be filled by a qualified National Guard officer.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Authorization of additional emergency supplemental appropriations

for fiscal year 2006.

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

inflation.

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

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

year 2007.

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

outlays.

Sec. 1007. Prohibition on parking of funds.

Sec. 1008. Incorporation of Classified Annex.

Sec. 1009. Reports to Congress and notice to public on earmarks in funds available to the Department of Defense.

Subtitle B—Naval Vessels

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

Navy.

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

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

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

of Greece.
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Subtitle C—Counterdrug Matters

Sec. 1021. Extension of availability of funds for unified counterdrug and

counterterrorism campaign in Colombia.

Sec. 1022. Extension of authority of Department of Defense to provide additional

support for counterdrug activities of other governmental agencies.

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

support for counterdrug activities.

Sec. 1024. Operation Bahamas, Turks & Caicos.

Subtitle D—Defense Intelligence and Related Matters

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

security for intelligence collection activities.

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

Defense.

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

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

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

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

Subtitle E—Defense Against Terrorism and Related Security Matters

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

combating terrorism.

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

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

information shared with State and local personnel.

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

border of the United States.

Subtitle F—Miscellaneous Authorities on Availability and Use of Funds

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

to defray Department of Defense costs of conferences.

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

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

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

Subtitle G—Report Matters

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

treatment or punishment.

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

Department of Defense serving in the Legislative Branch.

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

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

Home.

Sec. 1065. Repeal of certain report requirements.

Sec. 1066. Report on incentives to encourage certain members and former members of the Armed Forces to serve in the Bureau of Customs and

Border Protection.
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Sec. 1067. Report on reporting requirements applicable to the Department of Defense.

Sec. 1068. Report on technologies for neutralizing or defeating threats to military

rotary wing aircraft from portable air defense systems and rocket propelled grenades.

Sec. 1069. Reports on Department of Justice efforts to investigate and prosecute

cases of contracting abuse in Iraq, Afghanistan, and throughout

the war on terror.

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

national biosafety laboratories.

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

manufactured outside the United States.

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

manufactured inside the United States.

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

Africa.

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

National Airspace System.

Subtitle H—Technical and Conforming Amendments

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

of Defense purposes.

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

Sec. 1073. Technical amendment.

Subtitle I—Other Matters

Sec. 1081. National Foreign Language Coordination Council.

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

Global Positioning System Executive Board.

Sec. 1083. Quadrennial Defense Review.

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

Sec. 1085. Budgeting for ongoing military operations.

Sec. 1086. Court security improvements.

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

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

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

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

of the United States in Iraq.

Sec. 1091. Extension of returning worker exemption.

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

Sec. 1093. Termination of program.

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

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

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

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

POLICY

Sec. 1101. Accrual of annual leave for members of the uniformed services on terminal leave performing dual employment.

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

Sec. 1103. Authority to equalize allowances, benefits, and gratuities of personnel

on official duty in Iraq and Afghanistan.

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

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

TITLE XII—MATTERS RELATING TO OTHER NATIONS

Subtitle A—General Matters

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

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

Counterterrorism Fellowship Program.

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

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

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

Sec. 1205. Temporary authority to use acquisition and cross-servicing agreements

to loan significant military equipment to foreign forces in Iraq

and Afghanistan for personnel protection and survivability.

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

foreign military forces.

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

centers of excellence.

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

technology to enhance interoperability.

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

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

Servicemembers’ Protection Act of 2002.

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

States Armed Forces.

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

killed members of the Armed Forces in Iraq.

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

Sec. 1214. North Korea.

Sec. 1215. Comprehensive strategy for Somalia.

Sec. 1216. Intelligence on Iran.

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

Subtitle B—Report Matters

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

in the United Nations Command in the Republic of Korea.

Sec. 1222. Report on interagency operating procedures for stabilization and reconstruction operations.

Sec. 1223. Repeal of certain report requirements.
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Sec. 1224. Reports on the Darfur Peace Agreement.

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF

THE FORMER SOVIET UNION

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

Sec. 1302. Funding allocations.

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

chemical weapons destruction facility in Russia.

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

TITLE XIV—AUTHORIZATION FOR INCREASED COSTS DUE TO

OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

Sec. 1401. Purpose.

Sec. 1402. Army procurement.

Sec. 1403. Marine Corps procurement.

Sec. 1404. Air Force procurement.

Sec. 1405. Operation and maintenance.

Sec. 1406. Defense Health Program.

Sec. 1407. Military personnel.

Sec. 1408. Joint Improvised Explosive Device Defeat Fund.

Sec. 1409. Classified programs.

Sec. 1410. Iraq Freedom Fund.

Sec. 1411. Treatment as additional authorizations.

Sec. 1412. Transfer authority.

Sec. 1413. Availability of funds.

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

Sec. 1415. Our Military Kids youth support program.

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

Sec. 1417. Report.

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

of war execution reports.

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

Iraq.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

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 2006

projects.
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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. Authorization of appropriations, Defense Agencies.

Sec. 2405. Modification of authority to carry out certain fiscal year 2006

projects.

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.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing

Changes

Sec. 2801. Three-year extension of temporary, limited authority to use operation

and maintenance funds for construction projects outside the

United States.

Sec. 2802. Authority to carry out military construction projects in connection

with industrial facility investment program.

Sec. 2803. Modification of notification requirements related to cost variation authority.

Sec. 2804. Consideration of local comparability of floor areas in construction, acquisition, and improvement of military unaccompanied housing.

Sec. 2805. Increase in thresholds for unspecified minor military construction

projects.

Sec. 2806. Inclusion of military transportation and support systems in energy

savings program.

Sec. 2807. Repeal of authority to convey property at closed or realigned military

installations to support military construction.
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Sec. 2808. Repeal of requirement to determine availability of suitable alternative

housing for acquisition in lieu of construction of new family

housing.

Sec. 2809. Updating foreign currency fluctuation adjustment for certain military

family housing leases in Korea.

Sec. 2810. Pilot projects for acquisition or construction of military unaccompanied housing.

Sec. 2811. Certification required for certain military construction projects.

Sec. 2812. Modification of land acquisition authority, Perquimans County, North

Carolina.

Sec. 2813. Naming of research laboratory at Air Force Rome Research Site,

Rome, New York, in honor of Sherwood L. Boehlert, a member

of the House of Representatives.

Sec. 2814. Naming of administration building at Joint Systems Manufacturing

Center in Lima, Ohio, after Michael G. Oxley, a member of the

House of Representatives.

Sec. 2815. Naming of military family housing facility at Fort Carson, Colorado,

in honor of Joel Hefley, a member of the House of Representatives.

Sec. 2816. Authority to occupy United States Southern Command family housing.

Subtitle B—Real Property and Facilities Administration

Sec. 2821. Consolidation of easement provisions.

Sec. 2822. Authority to grant restrictive easements for conservation and environmental restoration purposes.

Sec. 2823. Consolidation of provisions relating to transfers of real property within the Department of Defense and to other Federal agencies.

Sec. 2824. Authority to use excess property as exchange under agreements to limit

encroachments on military training, testing, and operations.

Sec. 2825. Modification of utility system authority and related reporting requirements.

Sec. 2826. Increase in authorized maximum lease term for certain structures and

real property relating to structures in foreign countries.

Sec. 2827. Modification of land transfer authority, Potomac Annex, District of

Columbia.

Sec. 2828. Reports on Army training ranges.

Sec. 2829. Use of renewable energy to meet electricity needs.

Sec. 2830. Naming of Navy and Marine Corps Reserve Center at Rock Island, Illinois, in honor of Lane Evans, a Member of the House of Representatives.

Subtitle C—Base Closure and Realignment

Sec. 2831. Defense economic adjustment program: research and technical assistance.

Sec. 2832. Extension of eligibility for community planning assistance related to

certain military facilities not under Department of Defense jurisdiction.

Sec. 2833. Modification of deposit requirements in connection with lease proceeds

received at military installations approved for closure or realignment after January 1, 2005.

Sec. 2834. Report on Air Force and Air National Guard bases affected by 2005

round of defense base closure and realignment.
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Subtitle D—Land Conveyances

Sec. 2841. Land conveyance, Radford Army Ammunition Plant, Virginia.

Sec. 2842. Modifications to land conveyance authority, Engineering Proving

Ground, Fort Belvoir, Virginia.

Sec. 2843. Land conveyances, Omaha, Nebraska.

Subtitle E—Other Matters

Sec. 2851. Rickenbacker Airport, Columbus, Ohio.

Sec. 2852. Highway projects, Detroit, Michigan.

Sec. 2853. Fox Point Hurricane Barrier, Providence, Rhode Island.

Sec. 2854. Land conveyance, Hopkinton, New Hampshire.

Sec. 2855. Federal funding for fixed guideway projects.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY

AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY

PROGRAMS

Subtitle A—National Security Programs

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Subtitle B—Other Matters

Sec. 3111. Notice and wait requirement applicable to certain third party financing arrangements.

Sec. 3112. Utilization of international contributions to the Global Threat Reduction Initiative.

Sec. 3113. Utilization of international contributions to the Second Line of Defense Core Program.

Sec. 3114. Extension of Facilities and Infrastructure Recapitalization Program.

Sec. 3115. Two-year extension of authority for appointment of certain scientific,

engineering, and technical personnel.

Sec. 3116. 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. 3117. Limitations on availability of funds for Waste Treatment and Immobilization Plant.

Sec. 3118. Limitation on availability of funds for implementation of the Russian

Surplus Fissile Materials Disposition Program.

Sec. 3119. Limitation on availability of funds for construction of MOX Fuel Fabrication Facility.

Sec. 3120. Technical correction related to authorization of appropriations for fiscal year 2006.

Sec. 3121. Education of future nuclear engineers.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
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TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Transfer of government-furnished uranium stored at Sequoyah Fuels

Corporation, Gore, Oklahoma.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Completion of equity finalization process for Naval Petroleum Reserve

Numbered 1.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

5 DIVISION A—DEPARTMENT OF

6 DEFENSE AUTHORIZATIONS

7 TITLE I—PROCUREMENT

8 Subtitle A—Authorization of

9 Appropriations

10 SEC. 101. ARMY.

11 Funds are hereby authorized to be appropriated for fis12 cal year 2007 for procurement for the Army as follows:

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

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

15 (3) For weapons and tracked combat vehicles,

16 $2,849,743,000.

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

18 (5) For other procurement, $7,729,602,000.
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1 SEC. 102. NAVY AND MARINE CORPS.

2 (a) NAVY.—Funds are hereby authorized to be appro3 priated for fiscal year 2007 for procurement for the Navy

4 as follows:

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

6 (2) For weapons, including missiles and tor7 pedoes, $2,587,020,000.

8 (3) For shipbuilding and conversion,

9 $12,058,553,000.

10 (4) For other procurement, $5,045,516,000.

11 (b) MARINE CORPS.—Funds are hereby authorized to

12 be appropriated for fiscal year 2007 for procurement for

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

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

15 are hereby authorized to be appropriated for fiscal year

16 2007 for procurement of ammunition for the Navy and the

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

18 SEC. 103. AIR FORCE.

19 Funds are hereby authorized to be appropriated for fis20 cal year 2007 for procurement for the Air Force as follows:

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

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

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

24 (4) For other procurement, $15,434,586,000.
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1 SEC. 104. DEFENSE-WIDE ACTIVITIES.

2 Funds are hereby authorized to be appropriated for fis3 cal year 2007 for Defense-wide procurement in the amount

4 of $2,980,498,000.

5 Subtitle B—Army Programs

6 SEC. 111. LIMITATION ON AVAILABILITY OF FUNDS FOR

7 THE JOINT NETWORK NODE.

8 (a) LIMITATION.—Of the amount authorized to be ap9 propriated by section 101(5) for other procurement for the

10 Army and available for purposes of the procurement of the

11 Joint Network Node, not more than 50 percent of such

12 amount may be available for such purposes until the Sec13 retary of the Army submits to the congressional defense

14 committees a report on the strategy of the Army for the con15 vergence of the Joint Network Node, the Warfighter Infor16 mation Network—Tactical, and the Mounted Battle Com17 mand On-the-Move communications programs.

18 (b) ELEMENTS.—The report described in subsection (a)

19 shall include a description of the acquisition plan required

20 for the convergence described in that subsection, including

21 the implementation plan, schedule, and funding of such ac22 quisition plan.

23 (c) DEADLINE.—The report described in subsection (a)

24 shall be submitted under that subsection, if at all, not later

25 than March 15, 2007.
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1 SEC. 112. COMPTROLLER GENERAL REPORT ON THE CON2 TRACT FOR THE FUTURE COMBAT SYSTEMS

3 PROGRAM.

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

5 2007, the Comptroller General of the United States shall

6 submit to the congressional defense committees a report on

7 the participation and activities of the lead systems inte8 grator in the Future Combat Systems (FCS) program

9 under the contract of the Army for the Future Combat Sys10 tems.

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

12 shall include the following:

13 (1) A description of the responsibilities of the

14 lead systems integrator in managing the Future Com15 bat Systems program under the contract for the Fu16 ture Combat Systems, and an assessment of the man17 ner in which such responsibilities differ from the typ18 ical responsibilities of a lead systems integrator under

19 acquisition contracts of the Department of Defense.

20 (2) A description and assessment of the respon21 sibilities of the Army in managing the Future Com22 bat Systems program, including oversight of the ac23 tivities of the lead systems integrator and the deci24 sions made by the lead systems integrator.

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

26 Army—
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1 (A) ensures that the lead systems integrator

2 meets goals for the Future Combat Systems in a

3 timely manner; and

4 (B) evaluates the extent to which such goals

5 are met.

6 (4) An identification of the mechanisms in place

7 to ensure the protection of the interests of the United

8 States in the Future Combat Systems program.

9 (5) An identification of the mechanisms in place

10 to mitigate organizational conflicts of interests with

11 respect to competition on Future Combat Systems

12 technologies and equipment under subcontracts under

13 the Future Combat Systems program.

14 SEC. 113. REPORTS ON ARMY MODULARITY INITIATIVE.

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

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

17 15, 2007, the Secretary of the Army shall submit to

18 the congressional defense committees a report on the

19 modularity initiative of the Army.

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

21 subsection shall include the following:

22 (A) A description of the manner in which

23 the Army distinguishes costs under the

24 modularity initiative from costs of moderniza25 tion and reset.
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1 (B) An identification, by line item, of the

2 amount of funds expended to date on the

3 modularity initiative.

4 (C) An identification, by line item, of the

5 amount of funds the Army has budgeted and

6 programmed to date on the modularity initia7 tive.

8 (D) A detailed description on how

9 modularity equipment will be allocated to the

10 regular components and reserve components of

11 the Armed Forces by 2011, and a description of

12 any anticipated shortfalls in such allocation.

13 (E) A plan for further testing and evalua14 tion of modular designs, and a summary of any

15 lessons learned to date from modular brigades

16 that have been established, deployed to Iraq, or

17 both.

18 (b) ANNUAL COMPTROLLER GENERAL REPORTS.—

19 (1) REPORTS REQUIRED.—The Comptroller Gen20 eral of the United States shall submit to the congres21 sional defense committees each year, not later than 45

22 days after the date on which the budget of the Presi23 dent is submitted to Congress for a fiscal year under

24 section 1105 of title 31, United States Code, a report
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1 on the assessment of the Comptroller General on the

2 following:

3 (A) The progress of the Army in equipping

4 and manning modular units in the regular com5 ponents and reserve components of the Armed

6 Forces.

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

8 modularity initiative.

9 (C) The progress of the Army in conducting

10 further testing and evaluations of designs under

11 the modularity initiative.

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

13 under this subsection shall be submitted in conjunc14 tion with the budget for fiscal year 2008.

15 SEC. 114. REPLACEMENT EQUIPMENT.

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

17 and combat serviceable equipment, with associated support

18 and test equipment for acting and reserve component forces,

19 shall be given to units scheduled for mission deployment,

20 employment first, or both regardless of component.

21 (b) ALLOCATION.—In the amounts authorized to be ap22 propriated by section 101(5) for the procurement of replace23 ment equipment, subject to subsection (a), priority for the

24 distribution of Army National Guard equipment described

25 in subsection (a) may be given to States that have experi-
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1 enced a major disaster, as determined under the Robert T.

2 Stafford Disaster Relief and Emergency Assistance Act (42

3 U.S.C. 5121–5206), and may require replacement equip4 ment to respond to future emergencies/disasters only after

5 distribution of new and combat serviceable equipment has

6 been made in accordance with subsection (a).

7 Subtitle C—Navy Programs

8 SEC. 121. CVN–21 CLASS AIRCRAFT CARRIER PROCURE9 MENT.

10 (a) AVAILABILITY OF FUNDS FOR CVN–21 CLASS AIR11 CRAFT CARRIERS.—Amounts authorized to be appropriated

12 to Shipbuilding and Conversion, Navy, for purposes of the

13 construction of CVN–21 class aircraft carriers shall be

14 available in the fiscal year for which authorized to be ap15 propriated and the succeeding three fiscal years.

16 (b) AMOUNT AUTHORIZED FROM SCN ACCOUNT FOR

17 FISCAL YEAR 2007.—Of the amount authorized to be ap18 propriated by section 102(a)(3) for fiscal year 2007 for

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

20 available for advance procurement with respect to the CVN–

21 21 class aircraft carriers designated CVN–78, CVN–79, and

22 CVN–80.

23 (c) CONTRACT AUTHORITY.—

24 (1) ADVANCE PROCUREMENT.—The Secretary of

25 the Navy may enter into a contract during fiscal year
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1 2007 for advance procurement with respect to the

2 CVN–21 class aircraft carriers designated CVN–79

3 and CVN–80.

4 (2) CONSTRUCTION.—In the fiscal year imme5 diately following the last fiscal year of the contract

6 for advance procurement for a CVN–21 class aircraft

7 carrier referred to in paragraph (1), the Secretary

8 may enter into a contract for the construction of such

9 aircraft carrier to be funded in the fiscal year of such

10 contract for construction and the succeeding three fis11 cal years.

12 (d) CONDITION FOR OUT-YEAR CONTRACT PAY13 MENTS.—A contract entered into under subsection (b) shall

14 provide that any obligation of the United States to make

15 a payment under the contract for any subsequent fiscal year

16 is subject to the availability of appropriations for that pur17 pose for such subsequent fiscal year.

18 SEC. 122. CONSTRUCTION OF FIRST TWO VESSELS UNDER

19 THE NEXT-GENERATION DESTROYER PRO20 GRAM.

21 (a) AVAILABILITY OF FUNDS.—Of the amount author22 ized to be appropriated by section 102(a)(3) for fiscal year

23 2007 for Shipbuilding and Conversion, Navy,

24 $2,568,000,000 may be available for the construction of the
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1 first two vessels under the next-generation destroyer pro2 gram.

3 (b) CONTRACT AUTHORITY.—

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

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

6 United States Code, enter into a multiyear contract

7 beginning with the fiscal year 2007 program year for

8 procurement of each of the first two vessels under the

9 next-generation destroyer program.

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

11 described in paragraph (1) may be awarded under

12 that paragraph to a single surface-combatant ship13 yard.

14 (3) DURATION ON PROCUREMENT.—Each con15 tract under paragraph (1) shall contemplate funding

16 for the procurement of a vessel under such contract in

17 fiscal years 2007 and 2008.

18 (4) CONDITION ON OUT-YEAR CONTRACT PAY19 MENTS.—A contract entered into under paragraph (1)

20 shall provide that any obligation of the United States

21 to make a payment under such contract for any fiscal

22 year after fiscal year 2007 is subject to the avail23 ability of appropriations for that purpose for such fis24 cal year.
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1 SEC. 123. MODIFICATION OF LIMITATION ON TOTAL COST

2 OF PROCUREMENT OF CVN–77 AIRCRAFT CAR3 RIER.

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

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

7 amount being the estimated cost for the procurement of the

8 CVN–77 aircraft carrier in the March 1997 procurement

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

10 Subtitle D—Air Force Programs

11 SEC. 141. PROCUREMENT OF JOINT PRIMARY AIRCRAFT

12 TRAINING SYSTEM AIRCRAFT AFTER FISCAL

13 YEAR 2006.

14 Any Joint Primary Aircraft Training System

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

16 procured through a contract under part 15 of the Federal

17 Acquisition Regulation (FAR), relating to acquisition of

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

19 rather than through a contract under part 12 of the Federal

20 Acquisition Regulation, relating to acquisition of commer21 cial items (48 C.F.R. 12.000 et seq.).

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

24 The Secretary of the Air Force shall not retire any C–

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

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

3 The Secretary of the Air Force shall ensure that the

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

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

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

8 AIRCRAFT.

9 The Secretary of the Air Force shall ensure that the

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

11 that is retired in fiscal year 2007 does not exceed 18 such

12 aircraft.

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

14 (a) LIMITATION ON RETIREMENT PENDING REPORT

15 ON BOMBER FORCE STRUCTURE.—No funds authorized to

16 be appropriated for the Department of Defense may be obli17 gated or expended for retiring or dismantling any of the

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

19 of June 1, 2006, until 30 days after the Secretary of the

20 Air Force transmits to the Committees on Armed Services

21 of the Senate and the House of Representatives a report on

22 the bomber force structure of the Air Force meeting the re23 quirements of subsection (b).

24 (b) ELEMENTS.—

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

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

3 (B) The plans of the Air Force for the mod4 ernization of the balance of the bomber force

5 structure.

6 (C) The amount and type of bombers in the

7 bomber force structure that is appropriate to

8 meet the requirements of the national security

9 strategy of the United States.

10 (D) A justification of the cost and projected

11 savings of any reductions to the B–52H bomber

12 aircraft fleet as a result of the retirement or dis13 mantlement of the B–52H bomber aircraft cov14 ered by the report.

15 (E) The life expectancy of each bomber air16 craft to remain in the bomber force structure.

17 (F) The date by which any new bomber air18 craft must reach initial operational capability

19 and the capabilities of the bomber force structure

20 that would be replaced or superseded by any new

21 bomber aircraft.

22 (2) AMOUNT AND TYPE OF BOMBER FORCE

23 STRUCTURE DEFINED.—In this subsection, the term

24 ‘‘amount and type of bomber force structure’’ means

25 the number of B–2 bomber aircraft, B–52H bomber
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1 aircraft, and B–1 bomber aircraft that are required

2 to carry out the national security strategy of the

3 United States.

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

5 section shall be prepared and submitted by the Institute of

6 Defense Analysis to the Secretary of the Air Force for trans7 mittal by the Secretary in accordance with subsection (a).

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

9 AIRCRAFT.

10 (a) PROHIBITION ON USE OF INCREMENTAL FUND11 ING.—The Secretary of the Air Force shall not use incre12 mental funding for the procurement of F–22A fighter air13 craft.

14 (b) MULTIYEAR PROCUREMENT.—The Secretary of the

15 Air Force may, in accordance with section 2306b of title

16 10, United States Code, enter into a multiyear contract be17 ginning with the fiscal year 2007 program year for procure18 ment of not more than 60 F–22A fighter aircraft.

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

20 FOR F–22A FIGHTER AIRCRAFT.

21 The Secretary of the Air Force may, in accordance

22 with section 2306b of title 10, United States Code, enter

23 into a multiyear contract beginning with the fiscal year

24 2007 program year for procurement of the following:
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1 (1) Not more than 120 F–119 engines for F–22A

2 fighter aircraft.

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

4 F–22A fighter aircraft.

5 SEC. 148. MULTI-SPECTRAL IMAGING CAPABILITIES.

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

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

9 2007, as submitted to Congress under section 1105(a)

10 of title 31, United States Code, and the current Fu11 ture-Years Defense Program adopts an Air Force plan

12 to retire the remaining fleet of U–2 aircraft by 2011.

13 (2) This retirement would eliminate the multi14 spectral capability provided by the electro-optical/in15 frared (EO/IR) Senior Year Electro-optical Recon16 naissance System (SYERS–2) high-altitude imaging

17 system.

18 (3) The system referred to in paragraph (2) pro19 vides high-resolution, long-range, day-and-night

20 image intelligence.

21 (4) The infrared capabilities of the system re22 ferred to in paragraph (2) can defeat enemy efforts to

23 use camouflage or concealment, as well as provide im24 ages through poor visibility and smoke.
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1 (5) Although the Air Force has previously recog2 nized the military value of Senior Year Electro-opti3 cal Reconnaissance System sensors, the Air Force has

4 no plans to migrate this capability to any platform

5 remaining in the fleet.

6 (6) The Air Force could integrate such capabili7 ties onto the Global Hawk platform to retain this ca8 pability for combatant commanders.

9 (7) The Nation risks a loss of an important in10 telligence gathering capability if this capability is not

11 transferred to another platform.

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

13 that the Air Force should investigate ways to retain the

14 multi-spectral imaging capabilities provided by the Senior

15 Year Electro-optical Reconnaissance System high-altitude

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

17 fleet.

18 (c) REPORT REQUIREMENT.—The Secretary of the Air

19 Force shall submit to the congressional defense committees,

20 at the same time the budget of the President for fiscal year

21 2008 is submitted to Congress under section 1105(a) of title

22 31, United States Code, a plan for migrating the capabili23 ties provided by the Senior Year Electro-optical Reconnais24 sance System high-altitude imaging system from the U–2
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1 aircraft to the Global Hawk platform before the retirement

2 of the U–2 aircraft fleet in 2011.

3 SEC. 149. MINUTEMAN III INTERCONTINENTAL BALLISTIC

4 MISSILES.

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

6 (1) In the Joint Explanatory Statement of the

7 Committee of Conference on H.R. 1815, the National

8 Defense Authorization Act for Fiscal Year 2006, the

9 conferees state that the policy of the United States ‘‘is

10 to deploy a force of 500 ICBMs’’. The conferees fur11 ther note ‘‘that unanticipated strategic developments

12 may compel the United States to make changes to this

13 force structure in the future.’’.

14 (2) The Quadrennial Defense Review (QDR) con15 ducted under section 118 of title 10, United States

16 Code, in 2005 finds that maintaining a robust nu17 clear deterrent ‘‘remains a keystone of United States

18 national power’’. However, notwithstanding that find19 ing and without providing any specific justification

20 for the recommendation, the Quadrennial Defense Re21 view recommends reducing the number of deployed

22 Minuteman III Intercontinental Ballistic Missiles

23 (ICBMs) from 500 to 450 beginning in fiscal year

24 2007. The Quadrennial Defense Review also fails to

25 identify what unanticipated strategic developments
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1 compelled the United States to reduce the Interconti2 nental Ballistic Missile force structure.

3 (3) The commander of the Strategic Command,

4 General James Cartwright, testified before the Com5 mittee on Armed Services of the Senate that the re6 duction in deployment of Minuteman III Interconti7 nental Ballistic Missiles is required so that the 50

8 missiles withdrawn from the deployed force could be

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

10 Minuteman III Intercontinental Ballistic Missile well

11 into the future. If spares are not modernized, the Air

12 Force may not have sufficient replacement missiles to

13 sustain the force size.

14 (b) MODERNIZATION OF INTERCONTINENTAL BAL15 LISTIC MISSILES REQUIRED.—The Air Force shall mod16 ernize Minuteman III Intercontinental Ballistic Missiles in

17 the United States inventory as required to maintain a suffi18 cient supply of launch test assets and spares to sustain the

19 deployed force of such missiles through 2030.

20 (c) LIMITATION ON TERMINATION OF MODERNIZATION

21 PROGRAM PENDING REPORT.—No funds authorized to be

22 appropriated for the Department of Defense may be obli23 gated or expended for the termination of any Minuteman

24 III ICBM modernization program, or for the withdrawal

25 of any Minuteman III Intercontinental Ballistic Missile
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1 from the active force, until 30 days after the Secretary of

2 Defense submits to the congressional defense committees a

3 report setting forth the following:

4 (1) A detailed strategic justification for the pro5 posal to reduce the Minuteman III Intercontinental

6 Ballistic Missile force from 500 to 450 missiles, in7 cluding an analysis of the effects of the reduction on

8 the ability of the United States to assure allies and

9 dissuade potential competitors.

10 (2) A detailed analysis of the strategic ramifica11 tions of continuing to equip a portion of the Minute12 man III Intercontinental Ballistic Missile force with

13 multiple independent warheads rather than single

14 warheads as recommended by past reviews of the

15 United States nuclear posture.

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

17 required to maintain a force of 500 deployed Minute18 man III Intercontinental Ballistic Missiles through

19 2030.

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

21 required to maintain a force of 450 deployed Minute22 man III Intercontinental Ballistic Missiles through

23 2030.
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1 (5) An inventory of currently available Minute2 man III Intercontinental Ballistic Missile test assets

3 and spares.

4 (6) A plan to sustain and complete the mod5 ernization of all deployed and spare Minuteman III

6 Intercontinental Ballistic Missiles, a test plan, and

7 an analysis of the funding required to carry out mod8 ernization of all deployed and spare Minuteman III

9 Intercontinental Ballistic Missiles.

10 (7) An assessment of whether halting upgrades to

11 the Minuteman III Intercontinental Ballistic Missiles

12 withdrawn from the deployed force would compromise

13 the ability of those missiles to serve as test assets.

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

15 of Defense for extending the life of the Minuteman III

16 Intercontinental Ballistic Missile force beyond fiscal

17 year 2030.

18 (d) REMOTE VISUAL ASSESSMENT.—

19 (1) ADDITIONAL AMOUNT FOR RESEARCH, DE20 VELOPMENT, TEST, AND EVALUATION, AIR FORCE.—

21 The amount authorized to be appropriated by section

22 201(3) for research, development, test, and evaluation

23 for the Air Force is hereby increased by $5,000,000.

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

25 authorized to be appropriated by section 201(3) for
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1 research, development, test, and evaluation for the Air

2 Force, as increased by paragraph (1), $5,000,000 may

3 be available for ICBM Security Modernization (PE

4 #0604851) for Remote Visual Assessment for security

5 for silos for intercontinental ballistic missiles

6 (ICBMs).

7 (3) OFFSET.—The amount authorized to be ap8 propriated by section 103(2) for procurement of mis9 siles for the Air Force is hereby reduced by

10 $5,000,000, with the amount of the reduction to be al11 located to amounts available for the Evolved Expend12 able Launch Vehicle.

13 (e) ICBM MODERNIZATION PROGRAM DEFINED.—In

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

15 means each of the following for the Minuteman III Inter16 continental Ballistic Missile:

17 (1) The Guidance Replacement Program (GRP).

18 (2) The Propulsion Replacement Program

19 (PRP).

20 (3) The Propulsion System Rocket Engine

21 (PSRE) program.

22 (4) The Safety Enhanced Reentry Vehicle

23 (SERV) program.
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1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION

4 Subtitle A—Authorization of

5 Appropriations

6 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

7 Funds are hereby authorized to be appropriated for fis8 cal year 2007 for the use of the Department of Defense for

9 research, development, test, and evaluation as follows:

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

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

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

13 (4) For Defense-wide activities, $21,160,459,000,

14 of which $181,520,000 is authorized for the Director

15 of Operational Test and Evaluation.

16 SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

17 (a) AMOUNT FOR PROJECTS.—Of the total amount au18 thorized to be appropriated by section 201, $11,468,959,000

19 shall be available for science and technology projects.

20 (b) SCIENCE AND TECHNOLOGY DEFINED.—In this

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

22 work funded in program elements for defense research, de23 velopment, test, and evaluation under Department of De24 fense budget activities 1, 2, or 3.
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1 SEC. 203. AMOUNT FOR DEVELOPMENT AND VALIDATION

2 OF WARFIGHTER RAPID AWARENESS PROC3 ESSING TECHNOLOGY.

4 (a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOP5 MENT, TEST, AND EVALUATION FOR THE NAVY.—The

6 amount authorized to be appropriated by section 201(2) for

7 research, development, test, and evaluation for the Navy is

8 hereby increased by $4,000,000.

9 (b) AVAILABILITY OF AMOUNT.—Of the amount au10 thorized to be appropriated by section 201(2) for research,

11 development, test, and evaluation for the Navy, as increased

12 by subsection (a), $4,000,000 may be available for the devel13 opment, validation, and demonstration of warfighter rapid

14 awareness processing technology for distributed operations

15 within the Marine Corps Landing Force Technology pro16 gram.

17 (c) OFFSET.—The amount authorized to be appro18 priated by section 421 for military personnel is hereby de19 creased by $4,000,000, due to unexpended obligations, if

20 available.

21 Subtitle B—Program Requirements,

22 Restrictions, and Limitations

23 SEC. 211. INDEPENDENT ESTIMATE OF COSTS OF THE FU24 TURE COMBAT SYSTEMS.

25 (a) LIMITATION ON AVAILABILITY OF FUNDS FOR CER26 TAIN ACTIVITIES.—Of the amount authorized to be appro-
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1 priated by this title and available for the Future Combat

2 Systems (FCS) for purposes of system of systems engineer3 ing and program management for the Future Combat Sys4 tems, an amount equal to $500,000,000 of such amount

5 may not be obligated and expended for such purposes until

6 the Secretary of Defense submits to the congressional defense

7 committees the report required by subsection (b)(4).

8 (b) INDEPENDENT ESTIMATE REQUIRED.—

9 (1) IN GENERAL.—The Secretary of Defense shall

10 provide for the preparation of an independent esti11 mate of the anticipated costs of systems development

12 and demonstration with respect to the Future Combat

13 Systems.

14 (2) CONDUCT OF ESTIMATE.—The estimate re15 quired by this subsection shall be prepared by a feder16 ally funded research and development center selected

17 by the Secretary for purposes of this subsection.

18 (3) MATTERS TO BE ADDRESSED.—The inde19 pendent estimate prepared under this subsection shall

20 address costs of research, development, test, and eval21 uation, and costs of procurement, for—

22 (A) the system development and demonstra23 tion phase of the core Future Combat Systems;

24 (B) the Future Combat Systems technologies

25 to be incorporated into the equipment of the cur-
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1 rent force of the Army (often referred to as

2 ‘‘spinouts’’);

3 (C) the installation kits for the incorpora4 tion of such technologies into such equipment;

5 (D) the systems treated as complementary

6 systems for the Future Combat Systems;

7 (E) science and technology initiatives that

8 support the Future Combat Systems program;

9 and

10 (F) any pass-through charges anticipated to

11 be assessed by the lead systems integrator of the

12 Future Combat Systems and its major sub13 contractors.

14 (4) SUBMITTAL TO CONGRESS.—Upon comple15 tion of the independent estimate required by this sub16 section, the Secretary shall submit to the congres17 sional defense committees a report on the estimate.

18 (5) DEADLINE FOR SUBMITTAL.—The report de19 scribed in paragraph (4) shall be submitted not later

20 than the date of the submittal to Congress of the budg21 et of the President for fiscal year 2008 (as submitted

22 to Congress under section 1105(a) of title 31, United

23 States Code).

24 (c) PASS-THROUGH CHARGE DEFINED.—In this sec25 tion, the term ‘‘pass-through charge’’ has the meaning given
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1 that term in section 805(c)(5) of the National Defense Au2 thorization Act for Fiscal Year 2006 (Public Law 109–163;

3 119 Stat. 3373).

4 SEC. 212. FUNDING OF DEFENSE SCIENCE AND TECH5 NOLOGY PROGRAMS.

6 (a) EXTENSION OF FUNDING OBJECTIVE.—Subsection

7 (b) of section 212 of the National Defense Authorization Act

8 for Fiscal Year 2000 (10 U.S.C. 2501 note) is amended by

9 striking ‘‘through 2009’’ and inserting ‘‘through 2012’’.

10 (b) ACTIONS FOLLOWING FAILURE TO COMPLY WITH

11 OBJECTIVE.—Such section is further amended by adding

12 at the end the following new subsection:

13 ‘‘(c) ACTIONS FOLLOWING FAILURE TO COMPLY WITH

14 OBJECTIVE.—(1) If the proposed budget for a fiscal year

15 covered by subsection (b) fails to comply with the objective

16 set forth in that subsection, the Secretary of Defense shall

17 submit to the congressional defense committees—

18 ‘‘(A) a detailed, prioritized list, including esti19 mates of required funding, of highly-rated, peer-re20 viewed science and technology projects received by the

21 Department through competitive solicitations and

22 broad agency announcements which—

23 ‘‘(i) are not funded solely due to lack of re24 sources, but
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1 ‘‘(ii) represent science and technology op2 portunities that support the research and devel3 opment programs and goals of the military de4 partments and the Defense Agencies; and

5 ‘‘(B) a report, in both classified and unclassified

6 form, containing an analysis and evaluation of inter7 national research and technology capabilities, includ8 ing an identification of any technology areas in

9 which the United States will not have global technical

10 leadership within the next five years, in each of the

11 technology areas described in the following plans:

12 ‘‘(i) The most current Joint Warfighting

13 Science and Technology Plan required by section

14 270 of the National Defense Authorization Act

15 for Fiscal Year 1997 (10 U.S.C. 2501 note).

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

17 the Department of Defense.

18 ‘‘(iii) The Basic Research Plan of the De19 partment of Defense.

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

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

22 to comply with the objective in subsection (b) shall be sub23 mitted together with the Department of Defense budget jus24 tification materials submitted to Congress under section
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1 1105 of title 31, United States Code, with the budget for

2 the next fiscal year.

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

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

5 to comply with the objective in subsection (b) shall be sub6 mitted not later than the six months after the submittal

7 of the Department of Defense budget justification materials

8 that are submitted to Congress under section 1105 of title

9 31, United States Code, with the budget for the next fiscal

10 year.’’.

11 SEC. 213. HYPERSONICS DEVELOPMENT.

12 (a) ESTABLISHMENT OF JOINT TECHNOLOGY OFFICE

13 ON HYPERSONICS.—The Secretary of Defense shall establish

14 within the Office of the Secretary of Defense a joint tech15 nology office on hypersonics. The office shall carry out the

16 program required under subsection (b), and shall have such

17 other responsibilities relating to hypersonics as the Sec18 retary shall specify.

19 (b) PROGRAM ON HYPERSONICS.—The joint technology

20 office established under subsection (a) shall carry out a pro21 gram for the development of hypersonics for defense pur22 poses.

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

24 required by subsection (b), the joint technology office estab25 lished under subsection (a) shall do the following:
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1 (1) Coordinate and integrate the research, devel2 opment, test, and evaluation programs and system

3 demonstration programs of the Department of Defense

4 on hypersonics.

5 (2) Undertake appropriate actions to ensure—

6 (A) close and continuous integration of the

7 programs on hypersonics of the military depart8 ments with the programs on hypersonics of the

9 Defense Agencies; and

10 (B) coordination of the programs referred to

11 in subparagraph (A) with the programs on

12 hypersonics of the National Aeronautics and

13 Space Administration.

14 (3) Approve demonstration programs on

15 hypersonic systems.

16 (4) Ensure that any demonstration program on

17 hypersonic systems that is carried out in any year

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

19 only if certified under subsection (e) as being con20 sistent with the roadmap under subsection (d).

21 (d) ROADMAP.—

22 (1) ROADMAP REQUIRED.—The joint technology

23 office established under subsection (a) shall, in coordi24 nation with the Joint Staff and the National Aero25 nautics and Space Administration, develop a road-
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1 map for the hypersonics programs of the Department

2 of Defense.

3 (2) ELEMENTS.—The roadmap shall include the

4 following matters:

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

6 goals for the Department of Defense on

7 hypersonics which shall be consistent with the

8 missions and anticipated requirements of the De9 partment over the applicable period.

10 (B) Acquisition transition plans for

11 hypersonics.

12 (C) Anticipated mission requirements for

13 hypersonics.

14 (D) A schedule for meeting such goals, in15 cluding the activities and funding anticipated to

16 be required for meeting such goals.

17 (3) SUBMITTAL TO CONGRESS.—The Secretary

18 shall submit the roadmap to the congressional defense

19 committees at the same time as the submittal to Con20 gress of the budget for fiscal year 2008 (as submitted

21 pursuant to section 1105 of title 31, United States

22 Code).

23 (e) ANNUAL REVIEW AND CERTIFICATION OF FUND24 ING.—
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1 (1) ANNUAL REVIEW.—The joint technology office

2 established under subsection (a) shall conduct on an

3 annual basis a review of the funding available for re4 search, development, test, and evaluation and dem5 onstration programs of the Department of Defense on

6 hypersonics in order to determine whether or not such

7 funding and programs are consistent with the road8 map developed under subsection (d).

9 (2) CERTIFICATION.—The joint technology office

10 shall, as a result of each review under paragraph (1),

11 certify to the Secretary whether or not the funding

12 and programs subject to such review are consistent

13 with the roadmap developed under subsection (d).

14 (3) TERMINATION.—The requirements of this

15 subsection shall terminate after the submittal to Con16 gress of the budget for fiscal year 2012 pursuant to

17 section 1105 of title 31, United States Code.

18 (f) REPORTS TO CONGRESS.—If, as a result of a review

19 under subsection (e), funding or a program on hypersonics

20 is certified under that subsection not to be consistent with

21 the roadmap developed under subsection (d), the Secretary

22 shall submit to Congress a report on such funding or pro23 gram, as the case may be, together with a statement of the

24 actions to be taken to make such funding or program, as

25 the case may be, consistent with the roadmap.
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1 (g) HYPERSONICS DEFINED.—In this section, the term

2 ‘‘hypersonics’’ means aircraft and missiles capable of trav3 elling at speeds in excess of Mach 5.

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

5 (a) LIMITATION ON AVAILABILITY OF FUNDS.—

6 (1) IN GENERAL.—Except as provided in para7 graph (2), none of the funds authorized to be appro8 priated by this Act for the Conventional Trident

9 Modification (CTM) program may be obligated or ex10 pended for the development or modification of the

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

12 days after the date on which the report required by

13 subsection (b) is submitted to the congressional de14 fense committees.

15 (2) EXCEPTION.—Paragraph (1) shall not apply

16 with respect to amounts authorized to be appro17 priated by section 201(2) for research, development,

18 test, and evaluation, Navy, and available for Ad19 vanced Conventional Strike Capability (PE

20 #64327N) in an amount not to exceed $32,000,000.

21 (b) REPORT.—

22 (1) REPORT REQUIRED.—The Secretary of De23 fense shall, in consultation with the Secretary of

24 State, submit to the congressional defense committees

25 a report setting forth a proposal to replace nuclear
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1 warheads on twenty-four Trident D–5 sea-launched

2 ballistic missiles with conventional kinetic warheads

3 for deployment on submarines that carry Trident sea4 launched ballistic missiles.

5 (2) ELEMENTS.—The report required by para6 graph (1) shall include the following:

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

8 types of targets, and circumstances in which a

9 conventional sea-launched ballistic missile would

10 be used.

11 (B) A discussion of the weapon systems or

12 weapons, whether current or planned, that could

13 be used as an alternative for each of the sce14 narios, target types, and circumstances set forth

15 under subparagraph (A), and a statement of any

16 reason why each is not a suitable alternative to

17 a conventional sea-launched ballistic missile.

18 (C) A description of the command and con19 trol arrangements for conventional sea-launched

20 ballistic missiles, including launch authority

21 and the use of Permissive Action Links (PALs).

22 (D) An assessment of the capabilities of

23 other countries to detect and track the launch of

24 a conventional or nuclear sea-launched ballistic

25 missile.
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1 (E) An assessment of the capabilities of

2 other countries to discriminate between the

3 launch of a nuclear sea-launched ballistic missile

4 and a conventional sea-launched ballistic missile,

5 other than in a testing scenario.

6 (F) An assessment of the notification and

7 other protocols that would have to be in place

8 prior to using any conventional sea-launched

9 ballistic missile and a plan for entering into

10 such protocols.

11 (G) An assessment of the adequacy of the

12 intelligence that would be needed to support an

13 attack involving conventional sea-launched bal14 listic missiles.

15 (H) A description of the total program cost,

16 including the procurement costs of additional D–

17 5 missiles, of the conventional Trident sea18 launched ballistic missile program, by fiscal

19 year.

20 (I) An analysis and assessment of the im21 plications for ballistic missile proliferation if the

22 United States decides to go forward with the con23 ventional Trident sea-launched ballistic missile

24 program or any other conventional long range

25 ballistic missile program.
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1 (J) An analysis and assessment of the im2 plications for the United States missile defense

3 system if other countries utilize long range con4 ventional ballistic missiles.

5 (K) An analysis of any problems created by

6 the ambiguity that results from the use of the

7 same ballistic missile for both conventional and

8 nuclear warheads.

9 (L) An analysis and assessment of the

10 methods that other countries might use to resolve

11 the ambiguities associated with a nuclear or con12 ventional sea-launched ballistic missile.

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

14 of the international, treaty, and other concerns

15 that would be associated with the use of a con16 ventional sea-launched ballistic missile and rec17 ommendations for measures to mitigate or elimi18 nate such concerns.

19 (N) A joint statement by the Secretary of

20 Defense and the Secretary of State on how to en21 sure that the use of a conventional sea-launched

22 ballistic missile will not result in an intentional,

23 inadvertent, mistaken, or accidental reciprocal

24 or responsive launch of a nuclear strike by any

25 other country.
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1 (c) AVAILABILITY OF FUNDS FOR REPORT.—Of the

2 amounts authorized to be appropriated by this Act (other

3 than the amounts covered by the limitation in subsection

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

5 required by subsection (b).

6 SEC. 215. ARROW BALLISTIC MISSILE DEFENSE SYSTEM.

7 Of the amount authorized to be appropriated by sec8 tion 201(4) for research, development, test, and evaluation

9 for Defense-wide activities and available for ballistic missile

10 defense—

11 (1) $65,000,000 may be available for coproduc12 tion of the Arrow ballistic missile defense system; and

13 (2) $63,702,000 may be available for the Arrow

14 System Improvement Program.

15 SEC. 216. HIGH ENERGY LASER LOW ASPECT TARGET

16 TRACKING.

17 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVELOP18 MENT, TEST, AND EVALUATION, ARMY.—The amount au19 thorized to be appropriated by section 201(1) for research,

20 development, test, and evaluation for the Army is hereby

21 increased by $5,000,000.

22 (b) AVAILABILITY OF AMOUNT.—

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

24 be appropriated by section 201(1) for research, devel25 opment, test, and evaluation for the Army, as in-
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1 creased by subsection (a), $5,000,000 may be avail2 able for the Department of Defense High Energy

3 Laser Test Facility for High Energy Laser Low As4 pect Target Tracking (HEL–LATT) test series done

5 jointly with the Navy.

6 (2) CONSTRUCTION WITH OTHER AMOUNTS.—The

7 amount available under paragraph (1) for the pur8 pose set forth in that paragraph is in addition to any

9 amounts available under this Act for that purpose.

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

13 available.

14 SEC. 217. ADVANCED ALUMINUM AEROSTRUCTURES INITIA15 TIVE.

16 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVELOP17 MENT, TEST, AND EVALUATION, AIR FORCE.—The amount

18 authorized to be appropriated by section 201(3) for re19 search, development, test, and evaluation for the Air Force

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

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

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

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

2 Aerostructures Initiative (A3I).

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

6 available.

7 SEC. 218. LEGGED MOBILITY ROBOTIC RESEARCH.

8 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVELOP9 MENT, TEST, AND EVALUATION, ARMY.—The amount au10 thorized to be appropriated by section 201(1) for research,

11 development, test, and evaluation for the Army is hereby

12 increased by $1,000,000.

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

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

17 Combat Vehicle and Automotive Technology (PE

18 #602601A) for legged mobility robotic research for military

19 applications.

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

23 available
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1 SEC. 219. WIDEBAND DIGITAL AIRBORNE ELECTRONIC

2 SENSING ARRAY.

3 (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVELOP4 MENT, TEST, AND EVALUATION, AIR FORCE.—The amount

5 authorized to be appropriated by section 201(3) for re6 search, development, test, and evaluation for the Air Force

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

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

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

12 Wideband Digital Airborne Electronic Sensing Array (PE

13 #0602204F).

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

17 available.

18 SEC. 220. SCIENCE AND TECHNOLOGY.

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

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

23 amount authorized to be appropriated by section

24 201(1) for research, development, test, and evaluation

25 for the Army is hereby increased by $10,000,000.
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1 (2) AVAILABILITY OF AMOUNT.—Of the amount

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

3 research, development, test, and evaluation for the

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

5 may be available for program element PE 0601103A

6 for University Research Initiatives.

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

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

11 amount authorized to be appropriated by section

12 201(2) for research, development, test, and evaluation

13 for the Navy is hereby increased by $10,000,000.

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

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

16 research, development, test, and evaluation for the

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

18 may be available for program element PE 0601103N

19 for University Research Initiatives.

20 (c) AIR FORCE SUPPORT FOR UNIVERSITY RESEARCH

21 INITIATIVES.—

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

24 The amount authorized to be appropriated by section
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1 201(3) for research, development, test, and evaluation

2 for the Air Force is hereby increased by $10,000,000.

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

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

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

6 Force, as increased by paragraph (1), $10,000,000

7 may be available for program element PE 0601103F

8 for University Research Initiatives.

9 (d) COMPUTER SCIENCE AND CYBERSECURITY.—

10 (1) ADDITIONAL AMOUNT FOR RESEARCH, DE11 VELOPMENT, TEST, AND EVALUATION, DEFENSE12 WIDE.—The amount authorized to be appropriated by

13 section 201(4) for research, development, test, and

14 evaluation for Defense-wide activities is hereby in15 creased by $10,000,000.

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

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

18 research, development, test, and evaluation for De19 fense-wide activities, as increased by paragraph (1),

20 $10,000,000 may be available for program element

21 PE 0601101E for the Defense Advanced Research

22 Projects Agency University Research Program in

23 Computer Science and Cybersecurity.

24 (e) SMART NATIONAL DEFENSE EDUCATION PRO25 GRAM.—
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1 (1) ADDITIONAL AMOUNT FOR RESEARCH, DE2 VELOPMENT, TEST, AND EVALUATION, DEFENSE3 WIDE.—The amount authorized to be appropriated by

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

5 evaluation for Defense-wide activities is hereby in6 creased by $5,000,000.

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

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

9 research, development, test, and evaluation for De10 fense-wide activities, as increased by paragraph (1),

11 $5,000,000 may be available for program element PE

12 0601120D8Z for the SMART National Defense Edu13 cation Program.

14 (f) OFFSET.—The amount authorized to be appro15 priated by section 421 for military personnel is hereby re16 duced by $45,000,000, due to unexpended obligations, if

17 available.

18 Subtitle C—Missile Defense

19 Programs

20 SEC. 231. AVAILABILITY OF RESEARCH, DEVELOPMENT,

21 TEST, AND EVALUATION FUNDS FOR FIELD22 ING BALLISTIC MISSILE DEFENSE CAPABILI23 TIES.

24 Upon approval by the Secretary of Defense, funds au25 thorized to be appropriated for fiscal year 2008 for the use
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1 of the Department of Defense for research, development, test,

2 and evaluation and available for the Missile Defense Agency

3 may be used for the development and fielding of ballistic

4 missile defense capabilities.

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

6 IN THE DEVELOPMENT, TESTING, AND FIELD7 ING OF MISSILE DEFENSE CAPABILITIES.

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

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

10 missiles, President George W. Bush in December 2002

11 directed the Secretary of Defense to proceed with the

12 fielding of an initial set of missile defense capabilities

13 in 2004 and 2005.

14 (2) According to assessments by the intelligence

15 community of the United States, North Korea tested

16 in 2005 a new solid propellant short-range ballistic

17 missile and is likely developing intermediate-range

18 and intercontinental ballistic missile capabilities that

19 could someday reach as far as the United States with

20 a nuclear payload.

21 (3) According to assessments by the intelligence

22 community of the United States, Iran continued in

23 2005 to test its medium range ballistic missile, and

24 the danger that Iran will acquire a nuclear weapon
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1 and integrate it with a ballistic missile Iran already

2 possesses is a reason for immediate concern.

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

4 the Department of Defense accord a priority within the mis5 sile defense program to the development, testing, fielding,

6 and improvement of effective near-term missile defense ca7 pabilities, including the ground-based midcourse defense

8 system, the Aegis ballistic missile defense system, the Pa9 triot PAC–3 system, the Terminal High Altitude Area De10 fense system, and the sensors necessary to support such sys11 tems.

12 SEC. 233. ONE-YEAR EXTENSION OF COMPTROLLER GEN13 ERAL ASSESSMENTS OF BALLISTIC MISSILE

14 DEFENSE PROGRAMS.

15 Section 232(g) of the National Defense Authorization

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

17 amended—

18 (1) in paragraph (1), by striking ‘‘through

19 2007’’ and inserting ‘‘through 2008’’; and

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

21 2008’’ and inserting ‘‘through 2009’’.
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1 SEC. 234. SUBMITTAL OF PLANS FOR TEST AND EVALUA2 TION OF THE OPERATIONAL CAPABILITY OF

3 THE BALLISTIC MISSILE DEFENSE SYSTEM.

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

5 Year 2006 (Public Law 109–163; 119 Stat. 3174; 10 U.S.C.

6 2431 note) is amended by adding at the end the following

7 new paragraph:

8 ‘‘(3) SUBMITTAL TO CONGRESS.—Each plan pre9 pared under this subsection and approved by the Di10 rector of Operational Test and Evaluation shall be

11 submitted to the congressional defense committees not

12 later than 30 days after the date of the approval of

13 such plan by the Director.’’.

14 SEC. 235. ANNUAL REPORTS ON TRANSITION OF BALLISTIC

15 MISSILE DEFENSE PROGRAMS TO THE MILI16 TARY DEPARTMENTS.

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

18 2007, and annually thereafter through 2013, the Under Sec19 retary of Defense for Acquisition, Technology, and Logistics

20 shall submit to the congressional defense committees a re21 port on the plans of the Department of Defense for the tran22 sition of missile defense programs from the Missile Defense

23 Agency to the military departments.

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

25 subsection (a) shall cover the period covered by the future26 years defense program that is submitted under section 221
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1 of title 10, United States Code, in the year in which such

2 report is submitted.

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

4 (a) shall include the following:

5 (1) An identification of—

6 (A) the missile defense programs planned to

7 be transitioned from the Missile Defense Agency

8 to the military departments; and

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

10 not planned for transition to the military de11 partments.

12 (2) The schedule for transition of each missile de13 fense program planned to be transitioned to a mili14 tary department, and an explanation of such sched15 ule.

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

17 agreements of the Missile Defense Agency and the

18 military departments on the transition of missile de19 fense programs to the military departments.

20 (4) An identification of the entity (whether the

21 Missile Defense Agency, a military department, or

22 both) that will be responsible for funding each missile

23 defense program to be transitioned to a military de24 partment, and at what date.
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1 (5) A description of the type of funds that will

2 be used (whether funds for research, development, test,

3 and evaluation, procurement, military construction,

4 or operation and maintenance) for each missile de5 fense program to be transitioned to a military depart6 ment.

7 (6) An explanation of the number of systems

8 planned for procurement for each missile defense pro9 gram to be transitioned to a military department,

10 and the schedule for procurement of each such system.

11 SEC. 236. TESTING AND OPERATIONS FOR MISSILE DE12 FENSE.

13 (a) ADDITIONAL AMOUNT FOR MISSILE DEFENSE

14 AGENCY.—Of the amount authorized to be appropriated by

15 section 201(4) for research, development, test, and evalua16 tion for Defense-wide activities, the amount that is avail17 able for the Missile Defense Agency is hereby increased by

18 $45,000,000.

19 (b) AVAILABILITY OF AMOUNT.—Of the amount au20 thorized to be appropriated by section 201(4) for research,

21 development, test, and evaluation for Defense-wide activities

22 and available for the Missile Defense Agency, as increased

23 by subsection (a), $45,000,000 may be available for Bal24 listic Missile Defense Midcourse Defense Segment (PE

25 #63882C)—
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1 (1) to accelerate the ability to conduct concurrent

2 test and missile defense operations; and

3 (2) to increase the pace of realistic flight testing

4 of the ground-based midcourse defense system.

5 (c) SUPPLEMENT.—Amounts available under sub6 section (b) for the program element referred to in that sub7 section are in addition to any other amounts available in

8 this Act for that program element.

9 (d) OFFSET.—The amount authorized to be appro10 priated by section 421 for military personnel is hereby re11 duced by $45,000,000, due to unexpended obligations.

12 Subtitle D—Other Matters

13 SEC. 251. EXTENSION OF REQUIREMENT FOR GLOBAL RE14 SEARCH WATCH PROGRAM.

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

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

17 ‘‘September 30, 2011’’.

18 SEC. 252. EXPANSION AND EXTENSION OF AUTHORITY TO

19 AWARD PRIZES FOR ADVANCED TECHNOLOGY

20 ACHIEVEMENTS.

21 (a) EXPANSION.—

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

23 2374a of title 10, United States Code, is amended—

24 (A) by striking ‘‘Director of the Defense Ad25 vanced Research Projects Agency’’ and inserting
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1 ‘‘Director of Defense Research and Engineering

2 and the Service Acquisition Executives of the

3 military departments’’; and

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

5 ‘‘programs’’.

6 (2) CONFORMING AMENDMENTS.—(A) Subsection

7 (b) of such section is amended by striking ‘‘The pro8 gram’’ and inserting ‘‘Any program’’.

9 (B) Subsection (d) of such section is amended—

10 (i) by striking ‘‘The program’’ and insert11 ing ‘‘A program’’; and

12 (ii) by striking ‘‘the Director’’ and inserting

13 ‘‘an official referred to in that subsection’’.

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

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

16 ‘‘September 30, 2011’’.

17 (c) MODIFICATION OF REPORTING REQUIREMENT.—

18 Subsection (e) of such section is amended to read as follows:

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

20 each year, the Secretary shall submit to the Committees on

21 Armed Services of the Senate and the House of Representa22 tives a report on the activities undertaken during the pre23 ceding fiscal year under the authority in subsection (a).

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

25 shall include the following:
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1 ‘‘(A) A description of the proposed goals of the

2 competitions established under each program under

3 subsection (a), including the areas of research, tech4 nology development, or prototype development to be

5 promoted by such competitions and the relationship of

6 such areas to the military missions of the Department

7 of Defense.

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

9 authority in subsection (a) was the preferable method

10 of achieving the goals described in subparagraph (A)

11 as opposed to other authorities available to the De12 partment, such as contracts, grants, and cooperative

13 agreements.

14 ‘‘(C) The total amount of cash prizes awarded

15 under each program, including a description of the

16 manner in which the amounts of cash prizes awarded

17 and claimed were allocated among the accounts of the

18 Department for recording as obligations and expendi19 tures.

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

21 evaluation of submissions under each program, to22 gether with an assessment of the effectiveness of such

23 methods.

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

25 personnel and funding, used in the execution of each
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1 program, together with a detailed description of the

2 activities for which such resources were used and an

3 accounting of how funding for execution was allocated

4 among the accounts of the Department for recording

5 as obligations and expenditures.

6 ‘‘(F) A description of any plans to transition the

7 technologies or prototypes developed as a result of

8 each program into an acquisition program of the De9 partment.’’.

10 SEC. 253. POLICIES AND PRACTICES ON TEST AND EVALUA11 TION TO ADDRESS EMERGING ACQUISITION

12 APPROACHES.

13 (a) REPORTS ON CERTAIN DETERMINATIONS TO PRO14 CEED BEYOND LOW-RATE INITIAL PRODUCTION.—Section

15 2399(b) of title 10, United States Code, is amended—

16 (1) by redesignating paragraph (5) as para17 graph (6); and

18 (2) by inserting after paragraph (4) the fol19 lowing new paragraph (5):

20 ‘‘(5) If, before a final decision is made within the De21 partment of Defense to proceed with a major defense acqui22 sition program beyond low-rate initial production, a deci23 sion is made within the Department to proceed to oper24 ational use of the program or allocate funds available for

25 procurement for the program, the Director shall submit to
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1 the Secretary of Defense and the congressional defense com2 mittees the report with respect to the program under para3 graph (2) as soon as practicable after the decision under

4 this paragraph is made.’’.

5 (b) REVIEW AND REVISION OF POLICIES AND PRAC6 TICES.—

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

8 for Acquisition, Technology, and Logistics and the

9 Director of Operational Test and Evaluation shall re10 view Department of Defense policies and practices on

11 test and evaluation in order to—

12 (A) reaffirm the test and evaluation prin13 ciples that guide traditional acquisition pro14 grams; and

15 (B) determine how best to apply such prin16 ciples to emerging acquisition approaches.

17 (2) REVISED GUIDANCE.—If the Under Secretary

18 determines as a result of the review under paragraph

19 (1) that a revision of the policies and practices re20 ferred to in that paragraph is necessary in light of

21 emerging approaches to acquisitions, the Under Sec22 retary and the Director shall jointly issue new or re23 vised guidance for the Department of Defense on test

24 and evaluation to address that determination.
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1 (c) ISSUES TO BE ADDRESSED.—In carrying out sub2 section (b), the Under Secretary shall address policies and

3 practices on test and evaluation in order to—

4 (1) ensure the performance of test and evaluation

5 activities with regard to—

6 (A) items that are acquired pursuant to the

7 authority for rapid acquisition and deployment

8 of items in section 806 of the Bob Stump Na9 tional Defense Authorization Act for Fiscal Year

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

11 (B) programs that are conducted pursuant

12 to the authority for spiral development in section

13 803 of the Bob Stump National Defense Author14 ization Act for Fiscal Year 2003 (Public Law

15 107–314; 116 Stat. 2603; 10 U.S.C. 2430 note),

16 or other authority for the conduct of incremental

17 acquisition programs;

18 (C) systems that are acquired pursuant to

19 time-certain development programs; and

20 (D) equipment that is not subject to the

21 operational test and evaluation requirements in

22 section 2399 of title 10, United States Code, but

23 which may require limited operational test and

24 evaluation for the purpose of ensuring the safety
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1 and survivability of such equipment and per2 sonnel using such equipment; and

3 (2) ensure the appropriate use, if any, of oper4 ational test and evaluation resources to assess tech5 nology readiness levels for the purpose of section

6 2366a of title 10, United States Code, and other ap7 plicable technology readiness requirements.

8 (d) FUNDING MATTERS.—The Director of the Defense

9 Test Resource Management Center shall ensure that the

10 strategic plan for Department of Defense test and evalua11 tion resources developed pursuant to section 196 of title 10,

12 United States Code—

13 (1) reflects any testing needs of the Department

14 of Defense that are identified as a result of activities

15 under subsection (b); and

16 (2) includes an assessment of the test and eval17 uation facilities, resources, and budgets that will be

18 required to meet such needs.

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

20 months after the date of the enactment of this Act, the Under

21 Secretary shall submit to the congressional defense commit22 tees a report on the review conducted under paragraph (1)

23 of subsection (b), including any new or revised guidance

24 issued pursuant to paragraph (2) of that subsection.
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1 (f) TIME-CERTAIN DEVELOPMENT PROGRAM DE2 FINED.—In this section, the term ‘‘time-certain development

3 program’’ means a development program that is assigned

4 a specific length of time in which milestone events will be

5 accomplished by contract, which length of time may be not

6 more than 6 years from milestone B to initial operational

7 capability.

8 SEC. 254. DEVELOPMENT OF THE PROPULSION SYSTEM FOR

9 THE JOINT STRIKE FIGHTER.

10 (a) IN GENERAL.—The Secretary of Defense shall pro11 vide for the development of the propulsion system for the

12 F–35 fighter aircraft (commonly referred to as the ‘‘Joint

13 Strike Fighter’’) by a means elected by the Secretary from

14 among the following:

15 (1) Through the continuing development and

16 sustainment of two interchangeable propulsion sys17 tems for the F–35 fighter aircraft by two separate

18 contractors throughout the life cycle of the aircraft.

19 (2) Through a one-time firm fixed price contract

20 for a selected propulsion system for the F–35 fighter

21 aircraft for the life cycle of the aircraft following the

22 Initial Service Release of the F–35 fighter aircraft

23 propulsion system in fiscal year 2008.

24 (b) NOTICE OF CHANGE IN DEVELOPMENT.—The Sec25 retary may not carry out any modification of the procure-
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1 ment program for the F–35 fighter aircraft that would re2 sult in the development of the propulsion system for such

3 aircraft in a manner other than as elected by the Secretary

4 under subsection (a) until the Secretary notifies the congres5 sional defense committees of such modification.

6 SEC. 255. INDEPENDENT COST ANALYSES FOR JOINT

7 STRIKE FIGHTER ENGINE PROGRAM.

8 (a) COST ANALYSES.—

9 (1) ANALYSES REQUIRED.—The Secretary of De10 fense (acting through the cost analysis improvement

11 group of the Office of the Secretary of Defense), a fed12 erally funded research and development center

13 (FFRDC) selected by the Secretary for purposes of

14 this section, and the Comptroller General of the

15 United States shall each perform three detailed and

16 comprehensive cost analyses of the engine program for

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

18 ‘‘Joint Strike Fighter’’).

19 (2) ELEMENTS.—Each official or entity per20 forming cost analyses under paragraph (1) shall per21 form a cost analysis of each of the following:

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

23 fighter aircraft is capable of using the F135 en24 gine only.
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1 (B) An alternative under which the F–35

2 fighter aircraft is capable of using either the

3 F135 engine or the F136 engine.

4 (C) Any other alternative, whether secured

5 through a competitive or sole-source bidding

6 process, that would reduce cost, improve program

7 schedule, and improve performance and reli8 ability of the F–35 fighter aircraft program.

9 (b) REPORTS.—

10 (1) REPORTS REQUIRED.—Not later than March

11 15, 2007, the Secretary, the federally funded research

12 and development center selected under subsection (a),

13 and the Comptroller General shall each submit to the

14 congressional defense committees a report on the three

15 independent cost analyses performed by such official

16 or entity under subsection (a).

17 (2) REPORT ELEMENTS.—Each report under

18 paragraph (1) shall include the following:

19 (A) A statement of the key assumptions uti20 lized in performing each cost analysis covered by

21 such report.

22 (B) A discussion of the methodology and

23 techniques utilized in performing each cost anal24 ysis.
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1 (C) For each alternative under subsection

2 (a)(2)—

3 (i) a comparison of the life-cycle costs,

4 including costs in current and constant dol5 lars and a net-present-value analysis, with

6 the other alternatives under that subsection;

7 and

8 (ii) an estimate of—

9 (I) the supply, maintenance, and

10 other operations manpower required to

11 support such alternative;

12 (II) the number of flight hours re13 quired to achieve engine maturity, and

14 the year in which engine maturity is

15 anticipated to be achieved; and

16 (III) the total number of engines

17 anticipated to be procured over the life18 time of the F–35 fighter aircraft pro19 gram.

20 (D) A discussion of the acquisition strate21 gies used for the acquisition of engines for other

22 tactical fighter aircraft, including the F–15, F–

23 16, F–18, and F–22 fighter aircraft, and an as24 sessment of the experience in terms of cost, sched-
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1 ule, and performance under the acquisition pro2 grams for such engines.

3 (E) A comparison in terms of performance,

4 savings, maintainability, reliability, and tech5 nical innovation of the acquisition programs for

6 engines for tactical fighter aircraft carried out

7 on a sole-source basis with the acquisition pro8 grams for tactical fighter aircraft carried out on

9 a competitive basis.

10 (F) Such conclusions and recommendations

11 in light of the cost analyses as the official or en12 tity submitting such report considers appro13 priate.

14 (3) CERTIFICATION OF FFRDC AND COMP15 TROLLER GENERAL.—In submitting the report re16 quired by this subsection, the federally funded re17 search and development center and the Comptroller

18 General shall each also submit a certification as to

19 whether the federally funded research and develop20 ment center or the Comptroller General, as the case

21 may be, had access to sufficient information to enable

22 the federally funded research and development center

23 or the Comptroller General, as the case may be, to

24 make informed judgments on the matters required to

25 be included in the report.
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1 (c) LIFE-CYCLE COSTS DEFINED.—In this section, the

2 term ‘‘life-cycle costs’’ includes—

3 (1) the elements of costs that would be considered

4 for a life-cycle cost analysis for a major defense acqui5 sition program, such as procurement of engines, pro6 curement of spare engines, and procurement of engine

7 components and parts; and

8 (2) good-faith estimates of routine engine costs,

9 such as performance upgrades and component im10 provement, that historically have occurred in tactical

11 fighter engine programs.

12 SEC. 256. SENSE OF SENATE ON TECHNOLOGY SHARING OF

13 JOINT STRIKE FIGHTER TECHNOLOGY.

14 It is the sense of the Senate that the Secretary of De15 fense should share technology with regard to the Joint

16 Strike Fighter between the United States Government and

17 the Government of the United Kingdom consistent with the

18 national security interests of both nations.

19 SEC. 257. REPORT ON BIOMETRICS PROGRAMS OF THE DE20 PARTMENT OF DEFENSE.

21 (a) REPORT.—The Secretary of Defense shall submit

22 to Congress, at the same time as the submittal of the budget

23 of the President for fiscal year 2008 (as submitted under

24 section 1105(a) of title 31, United States Code) a report

25 on the biometrics programs of the Department of Defense.
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1 (b) ELEMENTS.—The report shall address the fol2 lowing:

3 (1) Whether the Department should modify the

4 current executive agent management structure for the

5 biometrics programs.

6 (2) The requirements for the biometrics programs

7 to meet needs throughout the Department of Defense.

8 (3) A description of programs currently fielded

9 to meet requirements in Iraq and Afghanistan.

10 (4) An assessment of the adequacy of fielded pro11 grams to meet operational requirements.

12 (5) An assessment of programmatic or capability

13 gaps in meeting future requirements.

14 (6) The actions being taken within the Executive

15 Branch to coordinate and integrate requirements,

16 programs, and resources among the departments and

17 agencies of the Executive Branch with a role in using

18 or developing biometrics capabilities.

19 (c) BIOMETRICS DEFINED.—In this section, the term

20 ‘‘biometrics’’ means an identity management program or

21 system that utilizes distinct personal attributes, including

22 DNA, facial features, irises, retinas, signatures, or voices,

23 to identify individuals.
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1 TITLE III—OPERATION AND

2 MAINTENANCE

3 Subtitle A—Authorization of

4 Appropriations

5 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

6 Funds are hereby authorized to be appropriated for fis7 cal year 2007 for the use of the Armed Forces and other

8 activities and agencies of the Department of Defense for ex9 penses, not otherwise provided for, for operation and main10 tenance, in amounts as follows:

11 (1) For the Army, $24,795,580,000.

12 (2) For the Navy, $31,130,784,000.

13 (3) For the Marine Corps, $3,905,262,000.

14 (4) For the Air Force, $31,251,107,000.

15 (5) For Defense-wide activities, $20,106,756,000.

16 (6) For the Army Reserve, $2,139,702,000.

17 (7) For the Naval Reserve, $1,288,764,000.

18 (8) For the Marine Corps Reserve, $211,911,000.

19 (9) For the Air Force Reserve, $2,575,100,000.

20 (10) For the Army National Guard,

21 $4,857,728,000.

22 (11) For the Air National Guard,

23 $5,318,717,000.

24 (12) For the United States Court of Appeals for

25 the Armed Forces, $11,721,000.
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1 (13) For Environmental Restoration, Army,

2 $463,794,000.

3 (14) For Environmental Restoration, Navy,

4 $304,409,000.

5 (15) For Environmental Restoration, Air Force,

6 $423,871,000.

7 (16) For Environmental Restoration, Defense8 wide, $18,431,000.

9 (17) For Environmental Restoration, Formerly

10 Used Defense Sites, $282,790,000.

11 (18) For the Overseas Contingency Operations

12 Transfer Fund, $10,000,000.

13 (19) For Cooperative Threat Reduction pro14 grams, $372,128,000.

15 (20) For Overseas Humanitarian Disaster and

16 Civic Aid, $63,204,000.

17 SEC. 302. WORKING CAPITAL FUNDS.

18 Funds are hereby authorized to be appropriated for fis19 cal year 2007 for the use of the Armed Forces and other

20 activities and agencies of the Department of Defense for

21 providing capital for working capital and revolving funds

22 in amounts as follows:

23 (1) For the Defense Working Capital Funds,

24 $1,364,498,000.
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1 (2) For the National Defense Sealift Fund,

2 $1,071,932,000.

3 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

4 (a) DEFENSE HEALTH PROGRAM.—Funds are hereby

5 authorized to be appropriated for the Department of Defense

6 for fiscal year 2007 for expenses, not otherwise provided for,

7 for the Defense Health Program, $20,915,321,000, of

8 which—

9 (1) $20,381,863,000 is for Operation and Main10 tenance;

11 (2) $135,603,000 is for Research, Development,

12 Test, and Evaluation; and

13 (3) $397,855,000 is for Procurement.

14 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC15 TION, DEFENSE.—

16 (1) IN GENERAL.—Funds are hereby authorized

17 to be appropriated for the Department of Defense for

18 fiscal year 2007 for expenses, not otherwise provided

19 for, for Chemical Agents and Munitions Destruction,

20 Defense, $1,277,304,000, of which—

21 (A) $1,046,290,000 is for Operation and

22 Maintenance; and

23 (B) $231,014,000 is for Research, Develop24 ment, Test, and Evaluation.
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1 (2) AVAILABILITY.—Amounts authorized to be

2 appropriated under paragraph (1) are authorized

3 for—

4 (A) the destruction of lethal chemical agents

5 and munitions in accordance with section 1412

6 of the Department of Defense Authorization Act,

7 1986 (50 U.S.C. 1521); and

8 (B) the destruction of chemical warfare ma9 teriel of the United States that is not covered by

10 section 1412 of such Act.

11 (c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI12 TIES, DEFENSE-WIDE.—Funds are hereby authorized to be

13 appropriated for the Department of Defense for fiscal year

14 2007 for expenses, not otherwise provided for, for Drug

15 Interdiction and Counter-Drug Activities, Defense-wide,

16 $926,890,000.

17 (d) DEFENSE INSPECTOR GENERAL.—Funds are here18 by authorized to be appropriated for the Department of De19 fense for fiscal year 2007 for expenses, not otherwise pro20 vided for, for the Office of the Inspector General of the De21 partment of Defense, $216,297,000, of which—

22 (1) $214,897,000 is for Operation and Mainte23 nance; and

24 (2) $1,400,000 is for Procurement.
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1 Subtitle B—Program Requirements,

2 Restrictions, and Limitations

3 SEC. 311. LIMITATION ON AVAILABILITY OF FUNDS FOR

4 THE ARMY LOGISTICS MODERNIZATION PRO5 GRAM.

6 Of the funds authorized to be appropriated for the De7 partment of Defense by this division and available for the

8 Army Logistics Modernization Program (LMP), not more

9 than $6,900,000 may be obligated or expended for the devel10 opment, fielding, or operation of the program until the

11 Chairman of the Defense Business Systems Modernization

12 Committee certifies to the congressional defense committees

13 each of the following:

14 (1) That the program is essential to the national

15 security of the United States or to the efficient man16 agement of the Department of Defense.

17 (2) That there is no alternative to the system

18 under the program which will provide equal or great19 er capability at a lower cost.

20 (3) That the estimated costs, and the proposed

21 schedule and performance parameters, for the pro22 gram and system are reasonable.

23 (4) That the management structure for the pro24 gram is adequate to manage and control program

25 costs.
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1 SEC. 312. AVAILABILITY OF FUNDS FOR EXHIBITS FOR THE

2 NATIONAL MUSEUMS OF THE ARMED FORCES.

3 (a) NATIONAL MUSEUM OF THE UNITED STATES

4 ARMY.—Of the amounts authorized to be appropriated by

5 section 301(1) for operation and maintenance for the Army,

6 $3,000,000 may be available to the Secretary of the Army

7 for education and training purposes to contract with the

8 Army Historical Foundation for the acquisition, installa9 tion, and maintenance of exhibits at the facility designated

10 by the Secretary as the National Museum of the United

11 States Army.

12 (b) NATIONAL MUSEUM OF THE UNITED STATES

13 NAVY.—Of the amounts authorized to be appropriated by

14 section 301(2) for operation and maintenance for the Navy,

15 $3,000,000 may be available to the Secretary of the Navy

16 for education and training purposes to contract with the

17 Naval Historical Foundation for the acquisition, installa18 tion, and maintenance of exhibits at the facility designated

19 by the Secretary as the National Museum of the United

20 States Navy.

21 (c) NATIONAL MUSEUM OF THE MARINE CORPS AND

22 HERITAGE CENTER.—Of the amounts authorized to be ap23 propriated by section 301(3) for operation and mainte24 nance for the Marine Corps, $3,000,000 may be available

25 to the Secretary of the Navy for education and training

26 purposes to contract with the United States Marine Corps
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1 Heritage Foundation for the acquisition, installation, and

2 maintenance of exhibits at the National Museum of the Ma3 rine Corps and Heritage Center.

4 (d) NATIONAL MUSEUM OF THE UNITED STATES AIR

5 FORCE.—Of the amounts authorized to be appropriated by

6 section 301(4) for operation and maintenance for the Air

7 Force, $3,000,000 may be available to the Secretary of the

8 Air Force for education and training purposes to contract

9 with the Air Force Museum Foundation for the acquisition,

10 installation, and maintenance of exhibits at the facility des11 ignated by the Secretary as the National Museum of the

12 United States Air Force.

13 (e) REIMBURSEMENT.—

14 (1) AUTHORITY TO ACCEPT REIMBURSEMENT.—

15 During any fiscal year after fiscal year 2006, the Sec16 retary of a military department may accept from any

17 non-profit entity authorized to support the national

18 museum of the applicable Armed Force amounts to re19 imburse such Secretary for amounts obligated and ex20 pended by such Secretary from amounts available to

21 such Secretary under this section.

22 (2) TREATMENT.—Amounts accepted as reim23 bursement under paragraph (1) shall be credited to

24 the account that was used to cover the costs incurred

25 by the Secretary of the military department concerned
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1 under this section. Amounts so credited shall be

2 merged with amounts in such account, and shall be

3 available for the same purposes, and subject to the

4 same conditions and limitations, as amounts in such

5 account.

6 SEC. 313. LIMITATION ON FINANCIAL MANAGEMENT IM7 PROVEMENT AND AUDIT INITIATIVES WITHIN

8 THE DEPARTMENT OF DEFENSE.

9 (a) LIMITATION.—The Secretary of Defense may not

10 obligate or expend any funds for the purpose of any finan11 cial management improvement activity relating to the

12 preparation, processing, or auditing of financial statements

13 until the Secretary submits to the congressional defense

14 committees a written determination that each activity pro15 posed to be funded is—

16 (1) consistent with the financial management

17 improvement plan of the Department of Defense re18 quired by section 376(a)(1) of the National Defense

19 Authorization Act for Fiscal Year 2006 (Public Law

20 190–163; 119 Stat. 3213); and

21 (2) likely to improve internal controls or other22 wise result in sustained improvements in the ability

23 of the Department to produce timely, reliable, and

24 complete financial management information.
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1 (b) EXCEPTION.—The limitation in subsection (a)

2 shall not apply to an activity directed exclusively at assess3 ing the adequacy of internal controls and remediating any

4 inadequacy identified pursuant to such assessment.

5 SEC. 314. LIMITATION ON AVAILABILITY OF OPERATION

6 AND MAINTENANCE FUNDS FOR THE MAN7 AGEMENT HEADQUARTERS OF THE DEFENSE

8 INFORMATION SYSTEMS AGENCY.

9 Of the amount authorized to be appropriated by this

10 title and available for purposes of the operation and main11 tenance of the management headquarters of the Defense In12 formation Systems Agency, not more than 50 percent may

13 be available for such purposes until the Secretary of Defense

14 submits to Congress the report on the acquisition strategy

15 of the Department of Defense for commercial satellite com16 munications services required by section 818(b) of the Na17 tional Defense Authorization Act for Fiscal Year 2006 (Pub18 lic Law 109–136; 119 Stat. 3385).

19 SEC. 315. EXPANSION OF JUNIOR RESERVE OFFICERS’

20 TRAINING CORPS PROGRAM.

21 (a) IN GENERAL.—The Secretaries of the military de22 partments shall take appropriate actions to increase the

23 number of secondary educational institutions at which a

24 unit of the Junior Reserve Officers’ Training Corps is orga25 nized under chapter 102 of title 10, United States Code.
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1 (b) EXPANSION TARGETS.—In increasing under sub2 section (a) the number of secondary educational institutions

3 at which a unit of the Junior Reserve Officers’ Training

4 Corps is organized, the Secretaries of the military depart5 ments shall seek to organize units at an additional number

6 of institutions as follows:

7 (1) In the case of Army units, 15 institutions.

8 (2) In the case of Navy units, 10 institutions.

9 (3) In the case of Marine Corps units, 15 insti10 tutions.

11 (4) In the case of Air Force units, 10 institu12 tions.

13 SEC. 316. INFANTRY COMBAT EQUIPMENT.

14 Of the amount authorized to be appropriated by sec15 tion 301(8) for operation and maintenance for the Marine

16 Corps Reserve, $2,500,000 may be available for Infantry

17 Combat Equipment (ICE).

18 SEC. 317. INDIVIDUAL FIRST AID KIT.

19 Of the amount authorized to be appropriated by sec20 tion 301(8) for operation and maintenance for the Marine

21 Corps Reserve, $1,500,000 may be available for the Indi22 vidual First Aid Kit (IFAK).
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1 SEC. 318. READING FOR THE BLIND AND DYSLEXIC PRO2 GRAM OF THE DEPARTMENT OF DEFENSE.

3 (a) DEFENSE DEPENDENTS.—Of the amount author4 ized to be appropriated by section 301(5) for operation and

5 maintenance for Defense-wide activities, $500,000 may be

6 available for the Reading for the Blind and Dyslexic pro7 gram of the Department of Defense for defense dependents

8 of elementary and secondary school age in the continental

9 United States and overseas.

10 (b) SEVERELY WOUNDED OR INJURED MEMBERS OF

11 THE ARMED FORCES.—Of the amount authorized to be ap12 propriated by section 1405(5) for operation and mainte13 nance for Defense-wide activities, $500,000 may be avail14 able for the Reading for the Blind and Dyslexic program

15 of the Department of Defense for severely wounded or in16 jured members of the Armed Forces.

17 SEC. 319. MILITARY TRAINING INFRASTRUCTURE IMPROVE18 MENTS AT VIRGINIA MILITARY INSTITUTE.

19 Of the amount authorized to be appropriated by sec20 tion 301(1) for operation and maintenance for the Army,

21 $2,900,000 may be available to the Virginia Military Insti22 tute for military training infrastructure improvements to

23 provide adequate field training of all Armed Forces Reserve

24 Officer Training Corps.
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1 SEC. 320. ENVIRONMENTAL DOCUMENTATION FOR BED2 DOWN OF F–22A AIRCRAFT AT HOLLOMAN AIR

3 FORCE BASE, NEW MEXICO.

4 The Secretary of the Air Force shall prepare environ5 mental documentation per the requirements of the National

6 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

7 for the beddown of F–22A aircraft at Holloman Air Force

8 Base, New Mexico, as replacements for the retiring F–117A

9 aircraft.

10 Subtitle C—Environmental

11 Provisions

12 SEC. 331. RESPONSE PLAN FOR REMEDIATION OF MILITARY

13 MUNITIONS.

14 (a) PERFORMANCE GOALS FOR REMEDIATION.—The

15 Department of Defense shall set the following remediation

16 goals:

17 (1) To complete, by not later than September 30,

18 2007, preliminary assessments of unexploded ord19 nance, discarded military munitions, and munitions

20 constituents at all active installations and formerly

21 used defense sites.

22 (2) To complete, by not later than September 30,

23 2010, site inspections of unexploded ordnance, dis24 carded military munitions, and munitions constitu25 ents at all active installations and formerly used de26 fense sites.
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1 (3) To achieve, by not later than September 30,

2 2009, a remedy in place or response complete for

3 unexploded ordnance, discarded military munitions,

4 and munitions constituents at all military installa5 tions closed or realigned as part of a round of defense

6 base closure and realignment occurring prior to the

7 2005 round.

8 (4) To achieve, by a time certain established by

9 the Secretary, a remedy in place or response complete

10 for unexploded ordnance, discarded military muni11 tions, and munitions constituents at all active instal12 lations and formerly used defense sites (other than

13 operational ranges) and all military installations re14 aligned or closed under the 2005 round of defense base

15 closure and realignment.

16 (b) RESPONSE PLAN REQUIRED.—

17 (1) IN GENERAL.—Not later than March 1, 2007,

18 the Secretary of Defense shall submit to the congres19 sional defense committees a comprehensive plan for

20 addressing the remediation of unexploded ordnance,

21 discarded military munitions, and munitions con22 stituents at current and former defense sites (other

23 than operational ranges).

24 (2) CONTENT.—The plan required by paragraph

25 (1) shall include—
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1 (A) a schedule, including interim goals, for

2 achieving the goals described in paragraphs (1)

3 through (3) of subsection (a), based upon the Mu4 nitions Response Site Prioritization Protocol es5 tablished by the Department of Defense;

6 (B) such interim goals as the Secretary de7 termines feasible for efficiently achieving the goal

8 required under paragraph (4) of such subsection;

9 and

10 (C) an estimate of the funding required to

11 achieve the goals established pursuant to such

12 subsection and the interim goals established pur13 suant to subparagraphs (A) and (B).

14 (3) UPDATES.—(A) The Secretary shall, not

15 later than March 15 of 2008, 2009, and 2010, submit

16 to the congressional defense committees an update of

17 the plan required under paragraph (1). Each update

18 may be included in the report on environmental res19 toration activities submitted to Congress under sec20 tion 2706(a) of title 10, United States Code, that is

21 submitted in the year in which such update is sub22 mitted.

23 (B) The Secretary may include in an update

24 submitted under subparagraph (A) any adjustment to

25 the remediation goals established under subsection (a)
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1 that the Secretary determines necessary to respond to

2 unforeseen circumstances.

3 (c) REPORT ON REUSE STANDARDS AND PRIN4 CIPLES.—Not later than March 1, 2007, the Secretary of

5 Defense shall submit to the congressional defense committees

6 a report on the status of the efforts of the Department of

7 Defense to achieve agreement with relevant regulatory agen8 cies on appropriate reuse standards or principles,

9 including—

10 (1) a description of any standards or principles

11 that have been agreed upon; and

12 (2) a discussion of any issues that remain in

13 disagreement (including the impact that any such

14 disagreement is likely to have on the ability of the De15 partment of Defense to carry out the plan).

16 (d) DEFINITIONS.—In this section, the terms

17 ‘‘unexploded ordnance’’, ‘‘discarded military munitions’’,

18 ‘‘munitions constituents’’, ‘‘operational range’’, and ‘‘de19 fense site’’ have the meaning given such terms in section

20 2710(e) of title 10, United States Code.

21 (e) CONFORMING REPEAL.—Section 313 of the Na22 tional Defense Authorization Act for Fiscal Year 2002 (Pub23 lic Law 107–107; 115 Stat. 1051; 10 U.S.C. 2706 note) is

24 repealed.
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1 SEC. 332. EXTENSION OF AUTHORITY TO GRANT EXEMP2 TIONS TO CERTAIN REQUIREMENTS.

3 (a) AMENDMENT TO TOXIC SUBSTANCES CONTROL

4 ACT.—Section 6(e)(3) of the Toxic Substances Control Act

5 (15 U.S.C. 2605(e)(3)) is amended—

6 (1) in subparagraph (A), by striking ‘‘subpara7 graphs (B) and (C)’’ and inserting ‘‘subparagraphs

8 (B), (C), and (D)’’;

9 (2) in subparagraph (B), by striking ‘‘but not

10 more than 1 year from the date it is granted’’ and

11 inserting ‘‘but not more than 1 year from the date it

12 is granted, except as provided in subparagraph (D)’’;

13 and

14 (3) by adding at the end the following new sub15 paragraph:

16 ‘‘(D) The Administrator may grant an ex17 emption pursuant to subparagraph (B) for a pe18 riod of up to 3 years for the purpose of author19 izing the Secretary of Defense and the Secre20 taries of the military departments to provide for

21 the transportation into the customs territory of

22 the United States of polychlorinated biphenyls

23 generated by or under the control of the Depart24 ment of Defense for purposes of their disposal,

25 treatment, or storage in the customs territory of

26 the United States.’’.
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1 (b) SUNSET DATE.—The amendments made by sub2 section (a) shall cease to have effect on September 30, 2012.

3 The termination of the authority to grant exemptions pur4 suant to such amendments shall not effect the validity of

5 any exemption granted prior to such date.

6 (c) REPORT.—Not later than March 1, 2011, the Sec7 retary of Defense shall submit to the Committee on Armed

8 Services and the Committee on Environment and Public

9 Works of the Senate and the Committee on Armed Services

10 and the Committee on Energy and Commerce of the House

11 of Representatives a report on the status of polychlorinated

12 biphenyls generated by or under the control of the Depart13 ment of Defense outside the United States. The report shall

14 address, at a minimum—

15 (1) the remaining volume of such polychlorinated

16 biphenyls that may require transportation into the

17 customs territory of the United States for disposal,

18 treatment, or storage; and

19 (2) the efforts that have been made by the De20 partment of Defense and other Federal agencies to re21 duce such volume by—

22 (A) reducing the volume of polychlorinated

23 biphenyls generated by or under the control of

24 the Department of Defense outside the United

25 States; or
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1 (B) developing alternative options for the

2 disposal, treatment, or storage of such poly3 chlorinated biphenyls.

4 SEC. 333. RESEARCH ON EFFECTS OF OCEAN DISPOSAL OF

5 MUNITIONS.

6 (a) IDENTIFICATION OF DISPOSAL SITES.—

7 (1) HISTORICAL REVIEW.—The Secretary of De8 fense, in cooperation with the Commandant of the

9 Coast Guard, the Administrator of the National Oce10 anic and Atmospheric Administration, and the heads

11 of other relevant Federal agencies, shall conduct a his12 torical review of available records to determine the

13 number, size, and probable locations of sites where the

14 Armed Forces disposed of military munitions in

15 coastal waters. The historical review shall, to the ex16 tent possible, identify the types of munitions at indi17 vidual sites.

18 (2) INTERIM REPORTS.—The Secretary of De19 fense shall periodically, but no less often than annu20 ally, release any new information obtained during the

21 historical review conducted under paragraph (1). The

22 Secretary may withhold from public release the exact

23 nature and locations of munitions the potential unau24 thorized retrieval of which could pose a significant

25 threat to the national defense or public safety.
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1 (3) INCLUSION OF INFORMATION IN ANNUAL RE2 PORT ON ENVIRONMENTAL RESTORATION ACTIVI3 TIES.—The Secretary shall include the information

4 obtained pursuant to the review conducted under

5 paragraph (1) in the annual report on environmental

6 restoration activities submitted to Congress under sec7 tion 2706 of title 10, United States Code.

8 (4) FINAL REPORT.—The Secretary shall com9 plete the historical review required under paragraph

10 (1) and submit a final report on the findings of such

11 review in the annual report on environmental res12 toration activities submitted to Congress for fiscal

13 year 2009.

14 (b) IDENTIFICATION OF NAVIGATIONAL AND SAFETY

15 HAZARDS.—

16 (1) IDENTIFICATION OF HAZARDS.—The Sec17 retary of Defense shall provide available information

18 to the Secretary of Commerce to assist the National

19 Oceanic and Atmospheric Administration in pre20 paring nautical charts and other navigational mate21 rials for coastal waters that identify known or poten22 tial hazards posed by disposed military munitions to

23 private activities, including commercial shipping and

24 fishing operations.
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1 (2) CONTINUATION OF INFORMATION ACTIVI2 TIES.—The Secretary of Defense shall continue activi3 ties to inform potentially affected users of the ocean

4 environment, particularly fishing operations, of the

5 possible hazards from contact with disposed military

6 munitions and the proper methods to mitigate such

7 hazards.

8 (c) RESEARCH.—

9 (1) IN GENERAL.—The Secretary of Defense shall

10 continue to conduct research on the effects on the

11 ocean environment and those who use it of military

12 munitions disposed of in coastal waters.

13 (2) SCOPE.—Research under paragraph (1) shall

14 include—

15 (A) the sampling and analysis of ocean wa16 ters and sea beds at or adjacent to military mu17 nitions disposal sites selected pursuant to para18 graph (3) to determine whether the disposed

19 military munitions have caused or are causing

20 contamination of such waters or sea beds;

21 (B) investigation into the long-term effects

22 of seawater exposure on disposed military muni23 tions, particularly effects on chemical munitions;

24 (C) investigation into the impacts any such

25 contamination may have on the ocean environ-
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1 ment and those who use it, including public

2 health risks;

3 (D) investigation into the feasibility of re4 moving or otherwise remediating the military

5 munitions; and

6 (E) the development of effective safety meas7 ures for dealing with such military munitions.

8 (3) RESEARCH CRITERIA.—In conducting the re9 search required by this subsection, the Secretary shall

10 ensure that the sampling, analysis, and investigations

11 are conducted at representative sites, taking into ac12 count factors such as depth, water temperature, na13 ture of the military munitions present, and relative

14 proximity to onshore populations. In conducting such

15 research, the Secretary shall select at least two rep16 resentative sites each in the areas of the Atlantic

17 coast, the Pacific coast (including Alaska), and the

18 Hawaiian Islands.

19 (4) AUTHORITY TO MAKE GRANTS AND ENTER

20 INTO COOPERATIVE AGREEMENTS.—In conducting re21 search under this subsection, the Secretary may make

22 grants to, and enter into cooperative agreements with,

23 qualified research entities.

24 (d) MONITORING.—If the historical review required by

25 subsection (a) or the research required by subsection (c) in-
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1 dicates that contamination is being released into the ocean

2 waters from disposed military munitions at a particular

3 site or that the site poses a significant public health or safe4 ty risk, the Secretary shall institute appropriate moni5 toring mechanisms at that site and report to the congres6 sional defense committees on any additional measures that

7 may be necessary to address the release or risk, as applica8 ble.

9 (e) DEFINITIONS.—In this section:

10 (1) The term ‘‘coastal waters’’ means that part

11 of the ocean extending from the coast line of the

12 United States to the outer boundary of the outer Con13 tinental Shelf.

14 (2) The term ‘‘coast line’’ has the meaning given

15 that term in section 2(c) of the Submerged Lands Act

16 (43 U.S.C. 1301(c)).

17 (3) The term ‘‘outer Continental Shelf’’ has the

18 meaning given that term in section 2(a) of the Outer

19 Continental Shelf Lands Act (43 U.S.C. 1331(a)).

20 SEC. 334. CLARIFICATION OF MULTI-YEAR AUTHORITY TO

21 USE BASE CLOSURE FUNDS TO FUND COOP22 ERATIVE AGREEMENTS UNDER ENVIRON23 MENTAL RESTORATION PROGRAM.

24 Section 2701 of title 10, United States Code, is amend25 ed by adding at the end the following new sentence: ‘‘This
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1 two-year limitation does not apply to agreements funded

2 through the Department of Defense Base Closure Account

3 1990 or the Department of Defense Base Closure Account

4 2005 established by sections 2906 and 2906A, respectively,

5 of the Defense Base Closure and Realignment Act of 1990

6 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

7 2687 note).’’.

8 SEC. 335. REIMBURSEMENT OF ENVIRONMENTAL PROTEC9 TION AGENCY FOR CERTAIN COSTS IN CON10 NECTION WITH MOSES LAKE WELLFIELD

11 SUPERFUND SITE, MOSES LAKE, WASH12 INGTON.

13 (a) AUTHORITY TO REIMBURSE.—(1) Using funds de14 scribed in subsection (b), the Secretary of Defense may

15 transfer not more than $111,114.03 to the Moses Lake

16 Wellfield Superfund Site 10–6J Special Account.

17 (2) The payment under paragraph (1) is to reimburse

18 the Environmental Protection Agency for its costs incurred

19 in overseeing a remedial investigation/feasibility study per20 formed by the Department of the Army under the Defense

21 Environmental Restoration Program at the former Larson

22 Air Force Base, Moses Lake Superfund Site, Moses Lake,

23 Washington.

24 (3) The reimbursement described in paragraph (2) is

25 provided for in the interagency agreement entered into by
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1 the Department of the Army and the Environmental Protec2 tion Agency for the Moses Lake Wellfield Superfund Site

3 in March 1999.

4 (b) SOURCE OF FUNDS.—Any payment under sub5 section (a) shall be made using funds authorized to be ap6 propriated by section 301(17) for operation and mainte7 nance for Environmental Restoration, Formerly Used De8 fense Sites.

9 (c) USE OF FUNDS.—The Environmental Protection

10 Agency shall use the amount transferred under subsection

11 (a) to pay costs incurred by the Agency at the Moses Lake

12 Wellfield Superfund Site.

13 Subtitle D—Reports

14 SEC. 351. COMPTROLLER GENERAL REPORT ON READINESS

15 OF THE GROUND FORCES OF THE ARMY AND

16 THE MARINE CORPS.

17 (a) REPORT REQUIRED.—

18 (1) IN GENERAL.—Not later than March 1, 2007,

19 the Comptroller General of the United States shall

20 submit to the congressional defense committees a re21 port on the readiness of the active component and re22 serve component ground forces of the Army and the

23 Marine Corps.

24 (2) ONE OR MORE REPORTS.—In complying

25 with the requirements of this section, the Comptroller
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1 General may submit a single report addressing all the

2 elements specified in subsection (b) or two or more re3 ports addressing any combination of such elements. If

4 the Comptroller General submits more than one report

5 under this section, all such reports shall be submitted

6 not later than the date specified in paragraph (1).

7 (b) ELEMENTS.—The elements specified in this sub8 section include the following:

9 (1) An analysis of the current readiness status of

10 each of the active component and reserve component

11 ground forces of the Army and the Marine Corps, in12 cluding a description of any major deficiency identi13 fied, an analysis of the trends in readiness of such

14 forces during not less than the ten years preceding the

15 report, and a comparison of the current readiness in16 dicators of such ground forces with historical pat17 terns.

18 (2) An assessment of the ability of the Army and

19 the Marine Corps to provide trained and ready forces

20 for ongoing operations as well as other commitments

21 assigned to the Army and the Marine Corps in de22 fense planning documents.

23 (3) An analysis of the availability of equipment

24 for training by units of the Army and the Marine

25 Corps in the United States in configurations com-
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1 parable to the equipment being used by units of the

2 Army and the Marine Corps, as applicable, in ongo3 ing operations.

4 (4) An analysis of the current and projected re5 quirement for repair or replacement of equipment of

6 the Army and the Marine Corps due to ongoing oper7 ations, and the impact of such required repair or re8 placement of equipment on the availability of equip9 ment for training.

10 (5) An assessment of the current personnel tempo

11 of Army and Marine Corps forces, including—

12 (A) a comparison of such tempos to histor13 ical trends;

14 (B) an identification of particular occupa15 tional specialties that are experiencing unusually

16 high or low deployment rates; and

17 (C) an analysis of retention rates in the oc18 cupational specialties identified under subpara19 graph (B).

20 (6) An assessment of the efforts of the Army and

21 the Marine Corps to mitigate the impact of high oper22 ational tempos, including cross-leveling of personnel

23 and equipment or cross training of personnel or units

24 for new or additional mission requirements.
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1 (7) A description of the current policy of the

2 Army and the Marine Corps with respect to the mobi3 lization of reserve component personnel, together with

4 an analysis of the number of reserve component per5 sonnel in each of the Army and the Marine Corps

6 that are projected to be available for deployment

7 under such policy.

8 (c) FORM OF REPORT.—Any report submitted under

9 subsection (a) shall be submitted in both classified and un10 classified form.

11 SEC. 352. NATIONAL ACADEMY OF SCIENCES STUDY ON

12 HUMAN EXPOSURE TO CONTAMINATED

13 DRINKING WATER AT CAMP LEJEUNE, NORTH

14 CAROLINA.

15 (a) STUDY REQUIRED.—

16 (1) IN GENERAL.—Not later than 60 days after

17 the date of the enactment of this Act, the Secretary of

18 Navy shall enter into an agreement with the National

19 Academy of Sciences to conduct a comprehensive re20 view and evaluation of the available scientific and

21 medical evidence regarding associations between pre22 natal, child, and adult exposure to drinking water

23 contaminated with trichloroethylene (TCE) and

24 tetrachloroethylene (PCE) at Camp Lejeune, North

25 Carolina, as well as other pre-natal, child, and adult
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1 exposures to levels of trichloroethylene and

2 tetrachloroethylene similar to those experienced at

3 Camp Lejeune, and birth defects or diseases and any

4 other adverse health effects.

5 (2) ELEMENTS.—In conducting the review and

6 evaluation, the Academy shall review and summarize

7 the scientific and medical evidence and assess the

8 strength of that evidence in establishing a link or as9 sociation between exposure to trichloroethylene and

10 tetrachloroethylene and each birth defect or disease

11 suspected to be associated with such exposure. For

12 each birth defect or disease reviewed, the Academy

13 shall determine, to the extent practicable with avail14 able scientific and medical data, whether—

15 (A) a statistical association with such con16 taminant exposures exists; and

17 (B) there exist plausible biological mecha18 nisms or other evidence of a causal relationship

19 between contaminant exposures and the birth de20 fect or disease.

21 (3) SCOPE OF REVIEW.—In conducting the re22 view and evaluation, the Academy shall include a re23 view and evaluation of—

24 (A) the toxicologic and epidemiologic lit25 erature on adverse health effects of trichloro-
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1 ethylene and tetrachloroethylene, including epi2 demiologic and risk assessment reports from gov3 ernment agencies;

4 (B) recent literature reviews by the Na5 tional Research Council, Institute of Medicine,

6 and other groups;

7 (C) the completed and on-going Agency for

8 Toxic Substances Disease Registry (ATSDR)

9 studies on potential trichloroethylene and

10 tetrachloroethylene exposure at Camp Lejeune;

11 and

12 (D) published meta-analyses.

13 (4) PEER REVIEW.—The Academy shall obtain

14 the peer review of the report prepared as a result of

15 the review and evaluation under applicable Academy

16 procedures.

17 (5) SUBMITTAL.—The Academy shall submit the

18 report prepared as a result of the review and evalua19 tion to the Secretary and Congress not later than 18

20 months after entering into the agreement for the re21 view and evaluation under paragraph (1).

22 (b) NOTICE ON EXPOSURE.—

23 (1) NOTICE REQUIRED.—Upon completion of the

24 current epidemiological study by the Agency for Toxic

25 Substances Disease Registry, known as the Exposure
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1 to Volatile Organic Compounds in Drinking Water

2 and Specific Birth Defects and Childhood Cancers,

3 United States Marine Corps Base Camp Lejeune,

4 North Carolina, the Commandant of the Marine

5 Corps shall take appropriate actions, including the

6 use of national media such as newspapers, television,

7 and the Internet, to notify former Camp Lejeune resi8 dents and employees who may have been exposed to

9 drinking water impacted by trichloroethylene and

10 tetrachloroethylene of the results of the study.

11 (2) ELEMENTS.—The information provided by

12 the Commandant of the Marine Corps under para13 graph (1) shall be prepared in conjunction with the

14 Agency for Toxic Substances Disease Registry and

15 shall include a description of sources of additional in16 formation relating to such exposure, including, but

17 not be limited to, the following:

18 (A) A description of the events resulting in

19 exposure to contaminated drinking water at

20 Camp Lejeune.

21 (B) A description of the duration and ex22 tent of the contamination of drinking water at

23 Camp Lejeune.

24 (C) The known and suspected health effects

25 of exposure to the drinking water impacted by
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1 trichloroethylene and tetrachloroethylene at

2 Camp Lejeune.

3 SEC. 353. REPORT ON AERIAL TRAINING AIRSPACE RE4 QUIREMENTS OF THE DEPARTMENT OF DE5 FENSE.

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

7 (1) Access to and use of available and unfettered

8 aerial training airspace is critical for preserving air9 crew warfighting proficiency and the ability to test,

10 evaluate, and improve capabilities of both personnel

11 and equipment within the most realistic training en12 vironments possible.

13 (2) The growth of civilian and commercial avia14 tion traffic and the rapid expansion of commercial

15 and general air traffic lanes across the continental

16 United States has left few remaining areas of the

17 country available for realistic air combat training or

18 expansion of existing training areas.

19 (3) Many Military Operating Areas (MOAs)

20 originally established in what was once open and

21 uncongested airspace are now encroached upon by a

22 heavy volume of commercial and general air traffic,

23 making training more difficult and potentially haz24 ardous.
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1 (4) Some aerial training areas in the upper

2 great plains, western States, and Gulf coast remain

3 largely free from encroachment and available for in4 creased use, expansion, and preservation for the fu5 ture.

6 (b) SENSE OF CONGRESS.—It is the sense of Congress

7 that the Department of Defense should—

8 (1) establish a policy to identify military aerial

9 training areas that are projected to remain viable

10 and free from encroachment well into the 21st cen11 tury;

12 (2) determine aerial training airspace require13 ments to meet future training and airspace require14 ments of current and next generation military air15 craft; and

16 (3) undertake all necessary actions in a timely

17 manner, including coordination with the Federal

18 Aviation Administration, to preserve and, if nec19 essary, expand those areas of airspace to meet present

20 and future training requirements.

21 (c) REPORT.—Not later than 120 days after the date

22 of the enactment of this Act, the Secretary of Defense shall

23 submit to the congressional defense committees a report set24 ting forth a proposed plan to preserve and, if necessary,

25 expand available aerial training airspace to meet the pro-
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1 jected needs of the Department of Defense for such airspace

2 through 2025.

3 SEC. 354. REPORT ON ACTIONS TO REDUCE DEPARTMENT

4 OF DEFENSE CONSUMPTION OF PETROLEUM5 BASED FUEL.

6 (a) REPORT REQUIRED.—Not later than one year

7 after the date of the enactment of this Act, the Secretary

8 of Defense shall submit to the Committees on Armed Serv9 ices of the Senate and the House of Representatives a report

10 on the actions taken, and to be taken, by the Department

11 of Defense to reduce the consumption by the Department

12 of petroleum-based fuel.

13 (b) ELEMENTS.—The report shall include the status of

14 implementation by the Department of the requirements of

15 the following:

16 (1) The Energy Policy Act of 2005 (Public Law

17 109–58).

18 (2) The Energy Policy Act of 1992. (Public Law

19 102–486)

20 (3) Executive Order 13123.

21 (4) Executive Order 13149.

22 (5) Any other law, regulation, or directive relat23 ing to the consumption by the Department of petro24 leum-based fuel.
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1 SEC. 355. REPORTS ON WITHDRAWAL OR DIVERSION OF

2 EQUIPMENT FROM RESERVE UNITS FOR SUP3 PORT OF RESERVE UNITS BEING MOBILIZED

4 AND OTHER UNITS.

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

6 (1) The National Guard continues to provide in7 valuable resources to meet national security, home8 land defense, and civil emergency mission require9 ments.

10 (2) Current military operations, transnational

11 threats, and domestic emergencies will increase the

12 use of the National Guard for both military support

13 to civilian authorities and to execute the military

14 strategy of the United States.

15 (3) To meet the demand for certain types of

16 equipment for continuing United States military op17 erations, the Army has required Army National

18 Guard Units to leave behind many items for use by

19 follow-on forces.

20 (4) The Governors of every State and 2 Terri21 tories expressed concern in February 2006 that units

22 returning from deployment overseas without adequate

23 equipment would have trouble carrying out their

24 homeland security and domestic disaster duties.

25 (5) The Department of Defense estimates that it

26 has directed the Army National Guard to leave over-
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1 seas more than 75,000 items valued at approximately

2 $1,760,000,000 to support Operation Enduring Free3 dom and Operation Iraqi Freedom.

4 (6) Department of Defense Directive 1225.6 re5 quires a replacement and tracking plan be developed

6 within 90 days for equipment of the reserve compo7 nents of the Armed Forces that is transferred to the

8 active components of the Armed Forces.

9 (7) In October 2005, the Government Account10 ability Office found that the Department of Defense

11 can only account for about 45 percent of such equip12 ment and has not developed a plan to replace such

13 equipment.

14 (8) The Government Accountability Office also

15 found that without a completed and implemented

16 plan to replace all National Guard equipment left

17 overseas, Army National Guard units will likely face

18 growing equipment shortages and challenges in re19 gaining readiness for future missions.

20 (b) REPORTS ON WITHDRAWAL OR DIVERSION OF

21 EQUIPMENT FROM RESERVE UNITS FOR SUPPORT OF RE22 SERVE UNITS BEING MOBILIZED AND OTHER UNITS.—

23 (1) IN GENERAL.—Chapter 1007 of title 10,

24 United States Code, is amended by inserting after sec25 tion 10208 the following new section:
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1 ‘‘§ 10208a. Mobilization: reports on withdrawal or di2 version of equipment from Reserve units

3 for support of Reserve units being mobi4 lized and other units

5 ‘‘(a) REPORT REQUIRED ON WITHDRAWAL OR DIVER6 SION OF EQUIPMENT.—Not later than 90 days after with7 drawing or diverting equipment from a unit of the Reserve

8 to a unit of the Reserve being ordered to active duty under

9 section 12301, 12302, or 12304 of this title, or to a unit

10 or units of a regular component of the armed forces, for

11 purposes of the discharge of the mission of such unit or

12 units, the Secretary concerned shall submit to the Secretary

13 of Defense a status report on the withdrawal or diversion

14 of equipment.

15 ‘‘(b) ELEMENTS.—Each status report under subsection

16 (a) on equipment withdrawn or diverted shall include the

17 following:

18 ‘‘(1) A plan to recapitalize or replace such

19 equipment within the unit from which withdrawn or

20 diverted.

21 ‘‘(2) If such equipment is to remain in a theater

22 of operations while the unit from which withdrawn or

23 diverted returns to the United States, a plan to pro24 vide such unit with recapitalized or replacement

25 equipment appropriate to ensure the continuation of

26 the readiness training of such unit.
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1 ‘‘(3) A signed memorandum of understanding be2 tween the active or reserve component to which with3 drawn or diverted and the reserve component from

4 which withdrawn or diverted that specifies—

5 ‘‘(A) how such equipment will be tracked;

6 and

7 ‘‘(B) when such equipment will be returned

8 to the component from which withdrawn or di9 verted.’’.

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 1007 of such title is

12 amended by inserting after the item relating to sec13 tion 10208 the following new item:

‘‘10208a. Mobilization: reports on withdrawal or diversion of equipment from Reserve units for support of Reserve units being mobilized and

other units.’’.

14 SEC. 356. PLAN TO REPLACE EQUIPMENT WITHDRAWN OR

15 DIVERTED FROM THE RESERVE COMPONENTS

16 OF THE ARMED FORCES FOR OPERATION

17 IRAQI FREEDOM OR OPERATION ENDURING

18 FREEDOM.

19 (a) PLAN REQUIRED.—Not later than 90 days after

20 the date of the enactment of this Act, the Secretary shall

21 submit to the congressional defense committees a plan to

22 replace equipment withdrawn or diverted from units of the

23 reserve components of the Armed Forces for use in Oper24 ation Iraqi Freedom or Operation Enduring Freedom.
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1 (b) ELEMENTS.—The plan required by subsection (a)

2 shall—

3 (1) identify the equipment to be recapitalized or

4 acquired to replace the equipment described in sub5 section (a);

6 (2) specify a schedule for recapitalizing or ac7 quiring the equipment identified under paragraph

8 (1), which schedule shall take into account applicable

9 depot workload and acquisition considerations, in10 cluding production capacity and current production

11 schedules; and

12 (3) specify the funding to be required to recapi13 talize or acquire the equipment identified under para14 graph (1).

15 SEC. 357. PLAN TO REPLACE EQUIPMENT WITHDRAWN OR

16 DIVERTED FROM THE RESERVE COMPONENTS

17 OF THE ARMED FORCES FOR OPERATION

18 IRAQI FREEDOM OR OPERATION ENDURING

19 FREEDOM.

20 (a) PLAN REQUIRED.—Not later than 90 days after

21 the date of the enactment of this Act, the Secretary shall

22 submit to the congressional defense committees a plan to

23 replace equipment withdrawn or diverted from units of the

24 reserve components of the Armed Forces for use in Oper25 ation Iraqi Freedom or Operation Enduring Freedom.
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1 (b) ELEMENTS.—The plan required by subsection (a)

2 shall—

3 (1) identify the equipment to be recapitalized or

4 acquired to replace the equipment described in sub5 section (a);

6 (2) specify a schedule for recapitalizing or ac7 quiring the equipment identified under paragraph

8 (1), which schedule shall take into account applicable

9 depot workload and acquisition considerations, in10 cluding production capacity and current production

11 schedules; and

12 (3) specify the funding to be required to recapi13 talize or acquire the equipment identified under para14 graph (1).

15 SEC. 358. REPORT ON VEHICLE-BASED ACTIVE PROTECTION

16 SYSTEMS FOR CERTAIN BATTLEFIELD

17 THREATS.

18 (a) INDEPENDENT ASSESSMENT.—The Secretary of

19 Defense shall enter into a contract with an appropriate en20 tity independent of the United States Government to con21 duct an assessment of various foreign and domestic techno22 logical approaches to vehicle-based active protection systems

23 for defense against both chemical energy and kinetic energy

24 top-attack and direct fire threats, including anti-tank mis-
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1 siles and rocket propelled grenades, mortars, and other

2 similar battlefield threats.

3 (b) REPORT.—

4 (1) REPORT REQUIRED.—The contract required

5 by subsection (a) shall require the entity entering in

6 to such contract to submit to the Secretary of Defense,

7 and to the congressional defense committees, not later

8 than 180 days after the date of the enactment of this

9 Act, a report on the assessment required by that sub10 section.

11 (2) ELEMENTS.—The report required under

12 paragraph (1) shall include—

13 (A) a detailed comparative analysis and as14 sessment of the technical approaches covered by

15 the assessment under subsection (a), including

16 the feasibility, military utility, cost, and poten17 tial short-term and long-term development and

18 deployment schedule of such approaches; and

19 (B) any other elements specified by the Sec20 retary in the contract under subsection (a).

21 SEC. 359. REPORT ON HIGH ALTITUDE AVIATION TRAINING

22 SITE, EAGLE COUNTY, COLORADO.

23 (a) REPORT REQUIRED.—Not later than December 15,

24 2006, the Secretary of the Army shall submit to the congres25 sional defense committees a report on the High Altitude
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1 Aviation Training Site (HAATS) in Eagle County, Colo2 rado.

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

4 shall include the following:

5 (1) A description of the type of high altitude

6 aviation training being conducted at the High Alti7 tude Aviation Training Site, including the number of

8 pilots who receive such training on an annual basis

9 and the types of aircraft used in such training.

10 (2) A description of the number and type of heli11 copters required at the High Altitude Aviation Train12 ing Site to provide the high altitude aviation training

13 needed to sustain the war strategies contained in the

14 2006 Quadrennial Defense Review, assuming that

15 priority is afforded in the provision of such training

16 to commanders, instructor pilots, aviation safety offi17 cers, and deploying units.

18 (3) A thorough evaluation of accident rates for

19 deployed helicopter pilots of the Army who receive

20 high altitude aviation training at the High Altitude

21 Aviation Training Site, and accident rates for de22 ployed Army helicopter pilots who did not receive

23 such training, including the following:
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1 (A) An estimate (set forth as a range) of the

2 number of accidents attributable to power man3 agement.

4 (B) The number of accidents occurring in a

5 combat environment.

6 (C) The number of accidents occurring in a

7 non-combat environment.

8 (4) An evaluation of the inventory and avail9 ability of Army aircraft for purposes of establishing

10 an appropriate schedule for the assignment of a CH–

11 47 aircraft to the High Altitude Aviation Training

12 Site, if the Chief of Staff of the Army determines

13 there is value in conducting such training at the

14 HAATS.

15 (5) A description of the status of any efforts to

16 ensure that all helicopter aircrews deployed to the

17 area of responsibility of the Central Command

18 (CENTCOM AOR) are qualified in mountain flight

19 and power management prior to deployment, includ20 ing the locations where such training occurred, with

21 particular focus on the status of such efforts with re22 spect to aircrews to be deployed in support of Oper23 ation Enduring Freedom.

24 (c) TRACKING SYSTEM.—The Secretary shall imple25 ment a system for tracking those pilots that have attended
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1 a school with an established program of instruction for high

2 altitude aviation operations training. The system should,

3 if practical, utilize an existing system that permits the

4 query of pilot flight experience and training.

5 SEC. 360. REPORT ON AIR FORCE SAFETY REQUIREMENTS

6 FOR AIR FORCE FLIGHT TRAINING OPER7 ATIONS AT PUEBLO MEMORIAL AIRPORT,

8 COLORADO.

9 (a) REPORT REQUIRED.—Not later than February 15,

10 2007, the Secretary of the Air Force shall submit to the con11 gressional defense committees a report on Air Force safety

12 requirements for Air Force flight training operations at

13 Pueblo Memorial Airport, Colorado.

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

15 shall include the following:

16 (1) A description of the Air Force flying oper17 ations at Pueblo Memorial Airport.

18 (2) An assessment of the impact of Air Force op19 erations at Pueblo Memorial Airport on non-Air

20 Force activities at the airport.

21 (3) A description of the requirements necessary

22 at Pueblo Memorial Airport to ensure safe Air Force

23 flying operations, including continuous availability of

24 fire protection, crash rescue, and other emergency re25 sponse capabilities.
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1 (4) An assessment of the necessity of providing

2 for a continuous fire-fighting capability at Pueblo

3 Memorial Airport.

4 (5) A description and analysis of alternatives for

5 Air Force flying operations at Pueblo Memorial Air6 port, including the cost and availability of such alter7 natives.

8 (6) An assessment of whether Air Force funding

9 is required to assist the City of Pueblo, Colorado, in

10 meeting Air Force requirements for safe Air Force

11 flight operations at Pueblo Memorial Airport, and if

12 required, the Air Force plan to provide the funds to

13 the city.

14 SEC. 360A. REPORT ON USE OF ALTERNATIVE FUELS BY

15 THE DEPARTMENT OF DEFENSE.

16 (a) STUDY.—The Secretary of Defense shall conduct a

17 study on the use of alternative fuels by the Armed Forces

18 and the Defense Agencies, including any measures that can

19 be taken to increase the use of such fuels by the Department

20 of Defense and the Defense Agencies.

21 (b) ELEMENTS.—The study shall address each matter

22 set forth in paragraphs (1) through (7) of section 357(b)

23 of the National Defense Authorization Act for Fiscal Year

24 2006 (Public Law 109–163; 119 Stat. 3207) with respect
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1 to alternative fuels (rather than to the fuels specified in such

2 paragraphs).

3 (c) REPORT.—

4 (1) IN GENERAL.—Not later than 180 days after

5 the date of the enactment of this Act, the Secretary

6 shall submit to the Committees on Armed Services of

7 the Senate and the House of Representatives a report

8 on the study conducted under this section.

9 (2) MANNER OF SUBMITTAL.—The report re10 quired by this subsection may be incorporated into, or

11 provided as an annex to, the study required by sec12 tion 357(c) of the National Defense Authorization Act

13 for Fiscal Year 2006.

14 (d) ALTERNATIVE FUELS DEFINED.—In this section,

15 the term ‘‘alternative fuels’’ means biofuels, biodiesel, re16 newable diesel, ethanol that contain less than 85 percent

17 ethyl alcohol, and cellulosic ethanol.

18 Subtitle E—Workplace and Depot

19 Issues

20 SEC. 361. MINIMUM CAPITAL INVESTMENT LEVELS FOR

21 PUBLIC DEPOTS SERVICED BY WORKING CAP22 ITAL FUNDS.

23 (a) MINIMUM INVESTMENT LEVELS.—Section 2208 of

24 title 10, United States Code, is amended by adding at the

25 end the following new subsection:
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1 ‘‘(s) MINIMUM CAPITAL INVESTMENT FOR PUBLIC DE2 POTS SERVICED BY WORKING CAPITAL FUNDS.—(1) Each

3 public depot that is serviced by a working capital fund shall

4 invest in its capital budget each fiscal year an amount

5 equal to not less than six percent of the actual total revenue

6 of the public depot for the previous fiscal year.

7 ‘‘(2) The Secretary of Defense may waive the require8 ment in paragraph (1) with respect to a particular public

9 depot for a fiscal year if the Secretary determines that the

10 waiver is necessary for reasons of national security and no11 tifies the congressional defense committees of the reasons for

12 the waiver.

13 ‘‘(3)(A) Each year, not later than 45 days after the

14 President submits to Congress the budget for a fiscal year

15 under section 1105 of title 31, the Secretary shall submit

16 to the congressional defense committees budget justification

17 documents summarizing the level of capital investment at

18 each public depot serviced by working capital funds as of

19 the end of the previous fiscal year.

20 ‘‘(B) Each report under this paragraph shall include

21 the following:

22 ‘‘(i) A specification of the statutory, regulatory,

23 or operational impediments, if any, to achieving the

24 requirement in paragraph (1) with respect to each

25 public depot described in that paragraph.
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1 ‘‘(ii) A description of the benchmarks established

2 by each public depot and working capital fund for

3 capital investment and the relationship of the bench4 marks to applicable performance measurement meth5 ods used in the private sector.

6 ‘‘(iii) If the requirement set out in paragraph

7 (1) is not met for any public depot in the previous

8 fiscal year, a statement of the reasons why and a

9 plan of actions to meet the requirement for such pub10 lic depot in the fiscal year beginning in the year in

11 which such report is submitted.

12 ‘‘(4) In this subsection, the terms ‘total revenue’ and

13 ‘capital budget’ have the meaning given such terms in De14 partment of Defense Financial Management Regulation

15 7000.14–R of June 2004.’’.

16 (b) EFFECTIVE DATE.—The amendment made by this

17 section shall take effect on the date of the enactment of this

18 Act, and shall apply with respect to fiscal years beginning

19 on or after that date.
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1 SEC. 362. PERMANENT EXCLUSION OF CERTAIN CONTRACT

2 EXPENDITURES FROM PERCENTAGE LIMITA3 TION ON THE PERFORMANCE OF DEPOT4 LEVEL MAINTENANCE.

5 Section 2474(f)(1) of title 10, United States Code, is

6 amended by striking ‘‘entered into during fiscal years 2003

7 through 2009’’.

8 SEC. 363. ADDITIONAL EXCEPTION TO PROHIBITION ON

9 CONTRACTOR PERFORMANCE OF FIRE10 FIGHTING FUNCTIONS.

11 Section 2465(b) of title 10, United States Code, is

12 amended by adding at the end the following new paragraph:

13 ‘‘(5) A contract for the performance of fire14 fighting functions to—

15 ‘‘(A) fight wildland fires such as range or

16 forest fires; and

17 ‘‘(B) perform wildland fire management,

18 including the conduct of hazardous fuels treat19 ments to reduce wildland fire risks (including

20 prescribed fire and mechanical treatments).’’.

21 SEC. 364. TEMPORARY SECURITY GUARD SERVICES FOR

22 CERTAIN WORK CAUSED BY REALIGNMENT OF

23 MILITARY INSTALLATIONS UNDER THE BASE

24 CLOSURE LAWS.

25 (a) AUTHORITY FOR TEMPORARY SERVICES.—Not26 withstanding section 2465 of title 10, United States Code,
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1 the Secretary of the military department concerned may,

2 for a period not to exceed one year at any single military

3 installation, contract for security guard services at military

4 installations approved for realignment under a base closure

5 law when such services are required for the safe and secure

6 relocation of either of the following:

7 (1) Military munitions and munitions-related

8 equipment.

9 (2) High-value items in temporary storage areas.

10 (b) DEFINITIONS.—In this section:

11 (1) The term ‘‘base closure law’’ has the meaning

12 given such term in section 101(a)(17) of title 10,

13 United States Code.

14 (2) The term ‘‘military munitions’’ has the

15 meaning given such term in section 101(e)(4) of title

16 10, United States Code.

17 (c) EXPIRATION.—The authority to enter into a con18 tract under subsection (a) shall expire on September 15,

19 2011.

20 Subtitle F—Other Matters

21 SEC. 371. RECYCLING OF MILITARY MUNITIONS.

22 (a) IN GENERAL.—Chapter 443 of title 10, United

23 States Code, is amended by adding at the end the following

24 new section:
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1 ‘‘§ 4690. Sale of recyclable munitions materials

2 ‘‘(a) AUTHORITY FOR PROGRAM.—(1) The Secretary

3 of the Army may carry out a program to—

4 ‘‘(A) sell recyclable munitions materials result5 ing from the demilitarization of conventional mili6 tary munitions; and

7 ‘‘(B) use the proceeds of sale for reclamation, re8 cycling, and reuse of conventional military muni9 tions.

10 ‘‘(2) The program authorized by this section may be

11 known as the ‘Military Munitions Recycling Program’.

12 ‘‘(b) GEOGRAPHIC LIMITATION.—The program author13 ized by subsection (a) may only be carried out in the United

14 States and its possessions.

15 ‘‘(c) METHOD OF SALE.—(1) Except as provided in

16 paragraph (2), the Secretary shall use competitive proce17 dures to sell recyclable munitions materials under the pro18 gram authorized by this section.

19 ‘‘(2) The Secretary may use procedures other than

20 competitive procedures to sell recyclable munitions mate21 rials under the program authorized by this section in any

22 case in which the Secretary determines there is only one

23 potential buyer of the items being offered for sale.

24 ‘‘(3) The provisions of title 40 concerning disposal of

25 property are not applicable to sales of materials under the

26 program authorized by this section.
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1 ‘‘(d) USE OF PROCEEDS.—(1) Proceeds from the sale

2 of recyclable munitions materials under the program au3 thorized by this section shall be credited to the Ammunition

4 Demilitarization Account within the Procurement of Am5 munition, Army, Account.

6 ‘‘(2) Amounts credited to the Ammunition Demili7 tarization Account under paragraph (1) shall be available

8 solely for purposes of reclamation, recycling, and reuse of

9 conventional military munitions, including for research

10 and development for such purposes and for the procurement

11 of equipment for such purposes.

12 ‘‘(3) Funds credited to the Ammunition Demilitariza13 tion Account under paragraph (1) in a fiscal year shall

14 be available for obligation under paragraph (2) during the

15 fiscal year in which the funds are so credited and for three

16 fiscal years thereafter.

17 ‘‘(4) Funds credited to the Ammunition Demilitariza18 tion Account under paragraph (1) that are not obligated

19 under paragraph (2) within the period of availability

20 under paragraph (3) shall, at the end of such period, be

21 deposited into the Treasury as miscellaneous receipts.

22 ‘‘(e) REGULATIONS.—The Secretary shall prescribe

23 regulations on the operation of the program authorized by

24 this section. The regulations shall be consistent with the
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1 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and any

2 regulations prescribed thereunder.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections at

4 the beginning of chapter 443 of such title is amended by

5 adding at the end the following new item:

‘‘4690. Sale of recyclable munitions materials.’’.

6 SEC. 372. INCENTIVES CLAUSES IN CHEMICAL DEMILI7 TARIZATION CONTRACTS.

8 (a) IN GENERAL.—

9 (1) AUTHORITY TO INCLUDE CLAUSES IN CON10 TRACTS.—The Secretary of Defense may, for the pur11 pose specified in paragraph (2), authorize the inclu12 sion of an incentives clause in any contract for the

13 destruction of the United States stockpile of lethal

14 chemical agents and munitions carried out pursuant

15 to section 1412 of the Department of Defense Author16 ization Act, 1986 (50 U.S.C. 1521).

17 (2) PURPOSE.—The purpose of a clause referred

18 to in paragraph (1) is to provide the contractor for

19 a chemical demilitarization facility an incentive to

20 accelerate the safe elimination of the United States

21 chemical weapons stockpile and to reduce the total

22 cost of the Chemical Demilitarization Program by

23 providing incentive payments for the early completion

24 of destruction operations and the closure of such facil25 ity.
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1 (b) INCENTIVES CLAUSES.—

2 (1) IN GENERAL.—An incentives clause under

3 this section shall permit the contractor for the chem4 ical demilitarization facility concerned the oppor5 tunity to earn incentive payments for the completion

6 of destruction operations and facility closure activi7 ties within target incentive ranges specified in such

8 clause.

9 (2) LIMITATION ON INCENTIVE PAYMENTS.—The

10 maximum incentive payment under an incentives

11 clause with respect to a chemical demilitarization fa12 cility may not exceed amounts as follows:

13 (A) In the case of an incentive payment for

14 the completion of destruction operations within

15 the target incentive range specified in such

16 clause, $110,000,000.

17 (B) In the case of an incentive payment for

18 the completion of facility closure activities with19 in the target incentive range specified in such

20 clause, $55,000,000.

21 (3) TARGET RANGES.—An incentives clause in a

22 contract under this section shall specify the target in23 centive ranges of costs for completion of destruction

24 operations and facility closure activities, respectively,

25 as jointly agreed upon by the contracting officer and
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1 the contractor concerned. An incentives clause shall

2 require a proportionate reduction in the maximum

3 incentive payment amounts in the event that the con4 tractor exceeds an agreed-upon target cost if such ex5 cess costs are the responsibility of the contractor.

6 (4) CALCULATION OF INCENTIVE PAYMENTS.—

7 The amount of the incentive payment earned by a

8 contractor for a chemical demilitarization facility

9 under an incentives clause under this section shall be

10 based upon a determination by the Secretary on how

11 early in the target incentive range specified in such

12 clause destruction operations or facility closure activi13 ties, as the case may be, are completed.

14 (5) CONSISTENCY WITH EXISTING OBLIGA15 TIONS.—The provisions of any incentives clause

16 under this section shall be consistent with the obliga17 tion of the Secretary of Defense under section

18 1412(c)(1)(A) of the Department of Defense Author19 ization Act, 1986 to provide for maximum protection

20 for the environment, the general public, and the per21 sonnel who are involved in the destruction of the le22 thal chemical agents and munitions.

23 (6) ADDITIONAL TERMS AND CONDITIONS.—In

24 negotiating the inclusion of an incentives clause in a

25 contract under this section, the Secretary may include
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1 in such clause such additional terms and conditions

2 as the Secretary considers appropriate.

3 (c) ADDITIONAL LIMITATION ON PAYMENTS.—

4 (1) PAYMENT CONDITIONAL ON PERFORMANCE.—

5 No payment may be made under an incentives clause

6 under this section unless the Secretary determines

7 that the contractor concerned has satisfactorily per8 formed its duties under such incentives clause.

9 (2) PAYMENT CONTINGENT ON APPROPRIA10 TIONS.—An incentives clause under this section shall

11 specify that the obligation of the Government to make

12 payment under such incentives clause is subject to the

13 availability of appropriations for that purpose.

14 Amounts appropriated for Chemical Agents and Mu15 nitions Destruction, Defense, shall be available for

16 payments under incentives clauses under this section.

17 SEC. 373. EXTENSION OF DEPARTMENT OF DEFENSE TELE18 COMMUNICATIONS BENEFIT PROGRAM.

19 (a) TERMINATION AT END OF CONTINGENCY OPER20 ATION.—Subsection (c) of section 344 of the National De21 fense Authorization Act for Fiscal Year 2004 (Public Law

22 108–136; 117 Stat. 1449), as amended by section 341 of

23 the Ronald W. Reagan National Defense Authorization Act

24 for Fiscal Year 2005 (Public Law 108–375; 118 Stat.

25 1857), is further amended by striking ‘‘terminate on Sep-
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1 tember 30, 2006’’ and inserting ‘‘terminate with respect to

2 a contingency operation on the date that is 60 days after

3 the date on which the Secretary determines that the contin4 gency operation has ended’’.

5 (b) APPLICATION TO OTHER CONTINGENCY OPER6 ATIONS.—Such section is further amended—

7 (1) in subsection (a), by striking ‘‘Operation

8 Iraqi Freedom and Operation Enduring Freedom’’

9 and inserting ‘‘a contingency operation’’; and

10 (2) by adding at the end the following new sub11 section:

12 ‘‘(g) CONTINGENCY OPERATION DEFINED.—In this

13 section, the term ‘contingency operation’ has the meaning

14 given that term in section 101(a)(13) of title 10, United

15 States Code. The term includes Operation Iraqi Freedom

16 and Operation Enduring Freedom.’’.

17 (c) EXTENSION TO HOSPITALIZED MEMBERS.—Sub18 section (a) of such section is further amended—

19 (1) by striking ‘‘As soon as possible after the

20 date of the enactment of this Act, the’’ and inserting

21 ‘‘The’’; and

22 (2) by adding at the end the following new sen23 tence: ‘‘As soon as possible after the date of the enact24 ment of the National Defense Authorization Act for

25 Fiscal Year 2007, the Secretary shall extend such tele-
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1 communications benefit to members of the Armed

2 Forces who, although no longer covered by the pre3 ceding sentence, are hospitalized as a result of wounds

4 or other injuries incurred while serving in direct sup5 port of a contingency operation.’’.

6 (d) REPORT ON IMPLEMENTATION OF MODIFIED BEN7 EFITS.—Not later than 90 days after the date of the enact8 ment of this Act, the Secretary of Defense shall submit to

9 the congressional defense committees a report describing the

10 status of the efforts of the Department of Defense to imple11 ment the modifications of the Department of Defense tele12 communications benefit required by section 344 of the Na13 tional Defense Authorization Act for Fiscal Year 2004 that

14 result from the amendments made by this section.

15 SEC. 374. EXTENSION OF AVAILABILITY OF FUNDS FOR

16 COMMEMORATION OF SUCCESS OF THE

17 ARMED FORCES IN OPERATION ENDURING

18 FREEDOM AND OPERATION IRAQI FREEDOM.

19 Section 378(b)(2) of the National Defense Authoriza20 tion Act for Fiscal Year 2006 (Public Law 109–163; 119

21 Stat. 3214) is amended by striking ‘‘fiscal year 2006’’ and

22 inserting ‘‘fiscal years 2006 and 2007’’.
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1 SEC. 375. ENERGY EFFICIENCY IN WEAPONS PLATFORMS.

2 (a) POLICY.—It shall be the policy of the Department

3 of Defense to improve the fuel efficiency of weapons plat4 forms, consistent with mission requirements, in order to—

5 (1) enhance platform performance;

6 (2) reduce the size of the fuel logistics systems;

7 (3) reduce the burden high fuel consumption

8 places on agility;

9 (4) reduce operating costs; and

10 (5) dampen the financial impact of volatile oil

11 prices.

12 (b) REPORT REQUIRED.—

13 (1) IN GENERAL.—Not later than one year after

14 the date of the enactment of this Act, the Secretary of

15 Defense shall submit to the congressional defense com16 mittees a report on the progress of the Department of

17 Defense in implementing the policy established by

18 subsection (a).

19 (2) ELEMENTS.—The report shall include the fol20 lowing:

21 (A) An assessment of the feasibility of desig22 nating a senior Department of Defense official to

23 be responsible for implementing the policy estab24 lished by subsection (a).

25 (B) A summary of the recommendations

26 made as of the time of the report by—
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1 (i) the Energy Security Integrated

2 Product Team established by the Secretary

3 of Defense in April 2006;

4 (ii) the Defense Science Board Task

5 Force on Department of Defense Energy

6 Strategy established by the Under Secretary

7 of Defense for Acquisition, Technology and

8 Logistics on May 2, 2006; and

9 (iii) the January 2001 Defense Science

10 Board Task Force report on Improving Fuel

11 Efficiency of Weapons Platforms.

12 (C) For each recommendation summarized

13 under subparagraph (B)—

14 (i) the steps that the Department has

15 taken to implement such recommendation;

16 (ii) any additional steps the Depart17 ment plans to take to implement such rec18 ommendation; and

19 (iii) for any recommendation that the

20 Department does not plan to implement, the

21 reasons for the decision not to implement

22 such recommendation.

23 (D) An assessment of the extent to which the

24 research, development, acquisition, and logistics

25 guidance and directives of the Department for
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1 weapons platforms are appropriately designed to

2 address the policy established by subsection (a).

3 (E) An assessment of the extent to which

4 such guidance and directives are being carried

5 out in the research, development, acquisition,

6 and logistics programs of the Department.

7 (F) A description of any additional actions

8 that, in the view of the Secretary, may be needed

9 to implement the policy established by subsection

10 (a).

11 SEC. 376. CHEMICAL DEMILITARIZATION PROGRAM CON12 TRACTING AUTHORITY.

13 (a) MULTIYEAR CONTRACTING AUTHORITY.—The Sec14 retary of Defense may carry out responsibilities under sec15 tion 1412(a) of the Department of Defense Authorization

16 Act, 1986 (Public Law 99–145; 50 U.S.C. 1521(a)) through

17 multiyear contracts entered into before the date of the enact18 ment of this Act.

19 (b) AVAILABILITY OF FUNDS.—Contracts entered into

20 under subsection (a) shall be funded through annual appro21 priations for the destruction of chemical agents and muni22 tions.
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1 SEC. 377. UTILIZATION OF FUEL CELLS AS BACK-UP POWER

2 SYSTEMS IN DEPARTMENT OF DEFENSE OP3 ERATIONS.

4 The Secretary of Defense shall consider the utilization

5 of fuel cells as replacements for current back-up power sys6 tems in a variety of Department of Defense operations and

7 activities, including in telecommunications networks, pe8 rimeter security, and remote facilities, in order to increase

9 the operational longevity of back-up power systems and

10 stand-by power systems in such operations and activities.

11 SEC. 378. PREPOSITIONING OF DEPARTMENT OF DEFENSE

12 ASSETS TO IMPROVE SUPPORT TO CIVILIAN

13 AUTHORITIES.

14 (a) PREPOSITIONING AUTHORIZED.—The Secretary of

15 Defense may provide for the prepositioning of prepackaged

16 or preidentified basic response assets, such as medical sup17 plies, food and water, and communications equipment, in

18 order to improve Department of Defense support to civilian

19 authorities.

20 (b) REIMBURSEMENT.—To the extent required by sec21 tion 1535 of title 31, United States Code (popularly known

22 as the ‘‘Economy Act’’), or other applicable law, the Sec23 retary shall require reimbursement of the Department of

24 Defense for costs incurred in the prepositioning of basic re25 sponse assets under subsection (a).
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1 (c) LIMITATION.—Basic response assets may not be

2 prepositioned under subsection (a) if the prepositioning of

3 such assets will adversely affect the military preparedness

4 of the United States.

5 (d) PROCEDURES AND GUIDELINES.—The Secretary

6 may develop procedures and guidelines applicable to the

7 prepositioning of basic response assets under this section.

8 SEC. 379. RECOVERY AND AVAILABILITY TO CORPORATION

9 FOR THE PROMOTION OF RIFLE PRACTICE

10 AND FIREARMS SAFETY OF CERTAIN FIRE11 ARMS, AMMUNITION, AND PARTS.

12 (a) IN GENERAL.—Subchapter II of chapter 407 of

13 title 36, United States Code, is amended by inserting after

14 the item relating to section 40728 the following new section:

15 ‘‘§ 40728A. Recovery and availability of excess fire16 arms, ammunition, and parts granted to

17 foreign countries

18 ‘‘(a) RECOVERY.—The Secretary of the Army may re19 cover from any country to which a grant of rifles, ammuni20 tion, repair parts, or other supplies described in section

21 40731(a) of this title is made under section 505 of the For22 eign Assistance Act of 1961 (22 U.S.C. 2314) any such ri23 fles, ammunition, repair parts, or supplies that are excess

24 to the needs of such country.
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1 ‘‘(b) COST OF RECOVERY.—(1) Except as provided in

2 paragraph (2), the cost of recovery of any rifles, ammuni3 tion, repair parts, or supplies under subsection (a) shall

4 be treated as incremental direct costs incurred in providing

5 logistical support to the corporation for which reimburse6 ment shall be required as provided in section 40727(a) of

7 this title.

8 ‘‘(2) The Secretary may require the corporation to pay

9 costs of recovery described in paragraph (1) in advance of

10 incurring such costs. Amounts so paid shall not be subject

11 to the provisions of section 3302 of title 31, but shall be

12 administered in accordance with the last sentence of section

13 40727(a) of this title.

14 ‘‘(c) AVAILABILITY.—Any rifles, ammunition, repair

15 parts, or supplies recovered under subsection (a) shall be

16 available for transfer to the corporation in accordance with

17 the provisions of section 40728 of this title under such addi18 tional terms and conditions as the Secretary shall prescribe

19 for purposes of this section.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections at

21 the beginning of chapter 407 of such title is amended by

22 inserting after the item relating to section 40728 the fol23 lowing new item:

‘‘40728A. Recovery and availability of excess firearms, ammunition, and

parts granted to foreign countries.’’.
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1 TITLE IV—MILITARY PERSONNEL

2 AUTHORIZATIONS

3 Subtitle A—Active Forces

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

5 The Armed Forces are authorized strengths for active

6 duty personnel as of September 30, 2007, as follows:

7 (1) The Army, 512,400.

8 (2) The Navy, 340,700.

9 (3) The Marine Corps, 180,000.

10 (4) The Air Force, 334,200.

11 SEC. 402. REPEAL OF REQUIREMENT FOR PERMANENT END

12 STRENGTH LEVELS TO SUPPORT TWO MAJOR

13 REGIONAL CONTINGENCIES.

14 (a) REPEAL.—Section 691 of title 10, United States

15 Code, is repealed.

16 (b) CLERICAL AMENDMENT.—The table of sections at

17 the beginning of chapter 39 of such title is amended by

18 striking the item relating to section 691.

19 Subtitle B—Reserve Forces

20 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

21 (a) IN GENERAL.—The Armed Forces are authorized

22 strengths for Selected Reserve personnel of the reserve com23 ponents as of September 30, 2007, as follows:

24 (1) The Army National Guard of the United

25 States, 350,000.
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1 (2) The Army Reserve, 200,000.

2 (3) The Navy Reserve, 71,300.

3 (4) The Marine Corps Reserve, 39,600.

4 (5) The Air National Guard of the United

5 States, 107,000.

6 (6) The Air Force Reserve, 74,900.

7 (7) The Coast Guard Reserve, 10,000.

8 (b) ADJUSTMENTS.—The end strengths prescribed by

9 subsection (a) for the Selected Reserve of any reserve compo10 nent shall be proportionately reduced by—

11 (1) the total authorized strength of units orga12 nized to serve as units of the Selected Reserve of such

13 component which are on active duty (other than for

14 training) at the end of the fiscal year; and

15 (2) the total number of individual members not

16 in units organized to serve as units of the Selected

17 Reserve of such component who are on active duty

18 (other than for training or for unsatisfactory partici19 pation in training) without their consent at the end

20 of the fiscal year.

21 Whenever such units or such individual members are re22 leased from active duty during any fiscal year, the end

23 strength prescribed for such fiscal year for the Selected Re24 serve of such reserve component shall be increased propor-
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1 tionately by the total authorized strengths of such units and

2 by the total number of such individual members.

3 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

4 DUTY IN SUPPORT OF THE RESERVES.

5 Within the end strengths prescribed in section 411(a),

6 the reserve components of the Armed Forces are authorized,

7 as of September 30, 2007, the following number of Reserves

8 to be serving on full-time active duty or full-time duty, in

9 the case of members of the National Guard, for the purpose

10 of organizing, administering, recruiting, instructing, or

11 training the reserve components:

12 (1) The Army National Guard of the United

13 States, 27,441.

14 (2) The Army Reserve, 15,416.

15 (3) The Navy Reserve, 12,564.

16 (4) The Marine Corps Reserve, 2,261.

17 (5) The Air National Guard of the United

18 States, 13,206.

19 (6) The Air Force Reserve, 2,707.

20 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

21 (DUAL STATUS).

22 The minimum number of military technicians (dual

23 status) as of the last day of fiscal year 2007 for the reserve

24 components of the Army and the Air Force (notwith-
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1 standing section 129 of title 10, United States Code) shall

2 be the following:

3 (1) For the Army Reserve, 7,912.

4 (2) For the Army National Guard of the United

5 States, 26,050.

6 (3) For the Air Force Reserve, 10,124.

7 (4) For the Air National Guard of the United

8 States, 23,255.

9 SEC. 414. FISCAL YEAR 2007 LIMITATION ON NUMBER OF

10 NON-DUAL STATUS TECHNICIANS.

11 (a) LIMITATIONS.—

12 (1) NATIONAL GUARD.—Within the limitation

13 provided in section 10217(c)(2) of title 10, United

14 States Code, the number of non-dual status techni15 cians employed by the National Guard as of Sep16 tember 30, 2007, may not exceed the following:

17 (A) For the Army National Guard of the

18 United States, 1,600.

19 (B) For the Air National Guard of the

20 United States, 350.

21 (2) ARMY RESERVE.—The number of non-dual

22 status technicians employed by the Army Reserve as

23 of September 30, 2007, may not exceed 595.
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1 (3) AIR FORCE RESERVE.—The number of non2 dual status technicians employed by the Air Force

3 Reserve as of September 30, 2007, may not exceed 90.

4 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In

5 this section, the term ‘‘non-dual status technician’’ has the

6 meaning given that term in section 10217(a) of title 10,

7 United States Code.

8 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU9 THORIZED TO BE ON ACTIVE DUTY FOR

10 OPERATIONAL SUPPORT.

11 During fiscal year 2007, the maximum number of

12 members of the reserve components of the Armed Forces who

13 may be serving at any time on full-time operational sup14 port duty under section 115(b) of title 10, United States

15 Code, is the following:

16 (1) The Army National Guard of the United

17 States, 17,000.

18 (2) The Army Reserve, 13,000.

19 (3) The Navy Reserve, 6,200.

20 (4) The Marine Corps Reserve, 3,000.

21 (5) The Air National Guard of the United

22 States, 16,000.

23 (6) The Air Force Reserve, 14,000.
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1 Subtitle C—Authorization of

2 Appropriations

3 SEC. 421. MILITARY PERSONNEL.

4 There is hereby authorized to be appropriated to the

5 Department of Defense for military personnel for fiscal year

6 2007 a total of $112,043,468,000. The authorization in the

7 preceding sentence supersedes any other authorization of

8 appropriations (definite or indefinite) for such purpose for

9 fiscal year 2007.

10 SEC. 422. ARMED FORCES RETIREMENT HOME.

11 There is hereby authorized to be appropriated for fiscal

12 year 2007 from the Armed Forces Retirement Home Trust

13 Fund the sum of $54,846,000 for the operation of the Armed

14 Forces Retirement Home.

15 TITLE V—MILITARY PERSONNEL

16 POLICY

17 Subtitle A—Officer Personnel Policy

18 Part I—Officer Personnel Policy Generally

19 SEC. 501. MILITARY STATUS OF OFFICERS SERVING IN CER20 TAIN INTELLIGENCE COMMUNITY POSITIONS.

21 Section 528 of title 10, United States Code, is amended

22 by adding at the end the following new subsections:

23 ‘‘(e) MILITARY STATUS.—An officer of the Armed

24 Forces, while serving in a position covered by this section—
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1 ‘‘(1) shall not be subject to supervision or control

2 by the Secretary of Defense or by any officer or em3 ployee of the Department of Defense, except as di4 rected by the Secretary or the Secretary’s designee

5 concerning reassignment from such position; and

6 ‘‘(2) shall not exercise, by reason of the officer’s

7 status as an officer, any supervision or control with

8 respect to any of the military or civilian personnel of

9 the Department of Defense except as otherwise author10 ized by law.

11 ‘‘(f) EFFECT OF APPOINTMENT.—Except as provided

12 in subsection (e), the appointment of an officer of the Armed

13 Forces to a position covered by this section shall not affect

14 the status, position, rank, or grade of such officer in the

15 Armed Forces, or any emolument, perquisite, right, privi16 lege, or benefit incident to or arising out of such status,

17 position, rank, or grade.

18 ‘‘(g) MILITARY PAY AND ALLOWANCES.—(1) An officer

19 of the Armed Forces on active duty who is appointed to

20 a position covered by this section shall, while serving in

21 such position and while remaining on active duty, continue

22 to receive military pay and allowances, and shall not re23 ceive the pay prescribed for such position.
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1 ‘‘(2) Funds from which pay and allowances under

2 paragraph (1) are paid shall be reimbursed from the fol3 lowing:

4 ‘‘(A) Funds available to the Director of the Cen5 tral Intelligence Agency, for positions within the Cen6 tral Intelligence Agency.

7 ‘‘(B) Funds available to the Director of National

8 Intelligence, for positions within the Office of the Di9 rector of National Intelligence.’’.

10 SEC. 502. EXTENSION OF TEMPORARY REDUCTION OF TIME11 IN-GRADE REQUIREMENT FOR ELIGIBILITY

12 FOR PROMOTION FOR CERTAIN ACTIVE-DUTY

13 LIST OFFICERS IN GRADES OF FIRST LIEU14 TENANT AND LIEUTENANT (JUNIOR GRADE).

15 Section 619(a)(1)(B) of title 10, United States Code,

16 is amended by striking ‘‘October 1, 2005’’ and inserting

17 ‘‘October 1, 2008’’.

18 SEC. 503. EXTENSION OF AGE LIMITS FOR ACTIVE-DUTY

19 GENERAL AND FLAG OFFICERS.

20 (a) RESTATEMENT AND MODIFICATION OF CURRENT

21 AGE LIMITS.—Section 1251 of title 10, United States Code,

22 is amended to read as follows:

23 ‘‘§ 1251. Regular commissioned officers; exceptions

24 ‘‘(a) AGE LIMITS FOR GENERAL AND FLAG OFFI25 CERS.—(1) Unless retired or separated earlier, each regular
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1 commissioned officer of the Army, Air Force, or Marine

2 Corps serving in a grade at or above brigadier general, or

3 rear admiral (lower half) in the case of an officer in the

4 Navy, shall be retired on the first day of the month fol5 lowing the month in which the officer becomes 64 years of

6 age.

7 ‘‘(2) Notwithstanding paragraph (1), the Secretary of

8 Defense may defer the retirement of an officer serving in

9 a position that carries a grade above major general or rear

10 admiral, but such a deferment may not extend beyond the

11 first day of the month following the month in which the

12 officer becomes 66 years of age.

13 ‘‘(3) Notwithstanding paragraphs (1) and (2), the

14 President may defer the retirement of an officer serving in

15 a position that carries a grade above major general or rear

16 admiral, but such a deferment may not extend beyond the

17 first day of the month following the month in which the

18 officer becomes 68 years of age.

19 ‘‘(b) AGE LIMITS FOR OTHER OFFICERS.—Unless re20 tired or separated earlier, each regular commissioned officer

21 of the Army, Air Force, or Marine Corps other than an

22 officer covered by section 1252 of this title or a commis23 sioned warrant officer) serving in a grade below brigadier

24 general, or rear admiral (lower half) in the case of an officer

25 in the Navy, shall be retired on the first day of the month
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1 following the month in which the officer becomes 62 years

2 of age.

3 ‘‘(c) DEFERRED RETIREMENT OF HEALTH PROFES4 SIONS OFFICERS.—(1) The Secretary of the military de5 partment concerned may, subject to subsection (e), defer the

6 retirement under subsection (b) of a health professions offi7 cer if during the period of the deferment the officer will

8 be performing duties consisting primarily of providing pa9 tient care or performing other clinical duties.

10 ‘‘(2) For purposes of this subsection, a health profes11 sions officer is—

12 ‘‘(A) a medical officer;

13 ‘‘(B) a dental officer; or

14 ‘‘(C) an officer in the Army Nurse Corps, an of15 ficer in the Navy Nurse Corps, or an officer in the

16 Air Force designated as a nurse.

17 ‘‘(d) DEFERRED RETIREMENT OF CHAPLAINS.—The

18 Secretary of the military department concerned may, sub19 ject to subsection (e), defer the retirement under subsection

20 (b) of an officer who is appointed or designated as a chap21 lain if the Secretary determines that such deferral is in the

22 best interest of the military department concerned.

23 ‘‘(e) LIMITATION ON DEFERRAL OF RETIREMENTS.—

24 (1) Except as provided in paragraph (2), a deferment under

25 subsection (c) or (d) may not extend beyond the first day
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1 of the month following the month in which the officer be2 comes 68 years of age.

3 ‘‘(2) The Secretary of the military department con4 cerned may extend a deferment under subsection (c) or (d)

5 beyond the day referred to in paragraph (1) if the Secretary

6 determines that extension of the deferment is necessary for

7 the needs of the military department concerned. Such an

8 extension shall be made on a case-by-case basis and shall

9 be for such period as the Secretary considers appropriate.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections at

11 the beginning of chapter 63 of such title is amended by

12 striking the item relating to section 1251 and inserting the

13 following new item:

‘‘1251. Regular commissioned officers; exceptions.’’.

14 SEC. 504. MODIFICATION OF AUTHORITIES ON SENIOR

15 MEMBERS OF THE JUDGE ADVOCATE GEN16 ERAL’S CORPS.

17 (a) DEPARTMENT OF THE ARMY.—

18 (1) GRADE OF JUDGE ADVOCATE GENERAL.—

19 Subsection (a) of section 3037 of title 10, United

20 States Code, is amended by striking the third sentence

21 and inserting the following new sentence: ‘‘The Judge

22 Advocate General, while so serving, has the grade of

23 lieutenant general.’’.
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1 (2) REDESIGNATION OF ASSISTANT JUDGE ADVO2 CATE GENERAL AS DEPUTY JUDGE ADVOCATE GEN3 ERAL.—Such section is further amended—

4 (A) in subsection (a), by striking ‘‘Assistant

5 Judge Advocate General’’ each place it appears

6 and inserting ‘‘Deputy Judge Advocate General’’;

7 and

8 (B) in subsection (d), by striking ‘‘Assistant

9 Judge Advocate General’’ and inserting ‘‘Deputy

10 Judge Advocate General’’.

11 (3) CONFORMING AND CLERICAL AMENDMENTS.—

12 (A) The heading of such section is amended by strik13 ing ‘‘Assistant Judge Advocate General’’

14 and inserting ‘‘Deputy Judge Advocate Gen15 eral’’.

16 (B) The table of sections at the beginning of

17 chapter 305 of such title is amended in the item relat18 ing to section 3037 by striking ‘‘Assistant Judge Ad19 vocate General’’ and inserting ‘‘Deputy Judge Advo20 cate General’’.

21 (b) GRADE OF JUDGE ADVOCATE GENERAL OF THE

22 NAVY.—Section 5148(b) of such title is amended in sub23 section by striking the last sentence and inserting the fol24 lowing new sentence: ‘‘The Judge Advocate General, while
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1 so serving, has the grade of vice admiral or lieutenant gen2 eral, as appropriate.’’.

3 (c) GRADE OF JUDGE ADVOCATE GENERAL OF THE

4 AIR FORCE.—Section 8037(a) of such title is amended by

5 striking the last sentence and inserting the following new

6 sentence: ‘‘The Judge Advocate General, while so serving,

7 has the grade of lieutenant general.’’.

8 (d) EXCLUSION FROM ACTIVE-DUTY GENERAL AND

9 FLAG OFFICER STRENGTH AND DISTRIBUTION LIMITA10 TIONS.—Section 525(b) of such title is amended by adding

11 at the end the following new paragraph:

12 ‘‘(9) An officer while serving as the Judge Advocate

13 General of the Army, the Judge Advocate General of the

14 Navy, or the Judge Advocate General of the Air Force is

15 in addition to the number that would otherwise be per16 mitted for that officer’s armed force for officers serving on

17 active duty in grades above major general or rear admiral

18 under paragraph (1) or (2), as applicable.’’.

19 SEC. 505. REQUIREMENT FOR SIGNIFICANT JOINT EXPERI20 ENCE FOR OFFICERS APPOINTED AS SUR21 GEON GENERAL OF THE ARMY, NAVY, AND

22 AIR FORCE.

23 (a) RESTATEMENT AND STANDARDIZATION OF AU24 THORITIES ON SURGEON GENERAL OF THE ARMY.—
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1 (1) IN GENERAL.—Chapter 305 of title 10,

2 United States Code, is amended by inserting after sec3 tion 3036 the following new section:

4 ‘‘§ 3036a. Surgeon General: appointment; grade

5 ‘‘(a) SURGEON GENERAL.—There is a Surgeon Gen6 eral of the Army who is appointed by the President, by and

7 with the advice and consent of the Senate, from officers in

8 any corps of the Army Medical Department.

9 ‘‘(b) GRADE.—The Surgeon General, while so serving,

10 has the grade of lieutenant general.

11 ‘‘(c) TERM OF OFFICE.—An officer appointed as Sur12 geon General normally holds office for four years.

13 ‘‘(d) JOINT EXPERIENCE REQUIRED FOR APPOINT14 MENT.—(1) The Secretary of Defense may not recommend

15 an officer to the President for appointment as Surgeon Gen16 eral unless the officer is determined by the Chairman of

17 the Joint Chiefs of Staff, in accordance with criteria and

18 as a result of a process established by the Chairman, to have

19 significant joint experience.

20 ‘‘(2) Until October 1, 2010, the Secretary of Defense

21 may waive the limitation in paragraph (1) with respect

22 to the recommendation of an officer as Surgeon General if—

23 ‘‘(A) the Secretary of the Army requests the

24 waiver; and
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1 ‘‘(B) in the judgment of the Secretary of

2 Defense—

3 ‘‘(i) the officer is qualified for service as

4 Surgeon General; and

5 ‘‘(ii) the waiver is necessary for the good of

6 the Army.

7 ‘‘(3) Any waiver under paragraph (2) shall be made

8 on a case-by-case basis.’’.

9 (2) CONFORMING AMENDMENT.—Section 3036(b)

10 of such title is amended in the flush matter following

11 paragraph (2) by striking the second sentence.

12 (3) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 305 of such title is

14 amended by inserting after the item relating to sec15 tion 3036 the following new item:

‘‘3036a. Surgeon General: appointment; grade.’’.

16 (b) SURGEON GENERAL OF THE NAVY.—

17 (1) IN GENERAL.—Section 5137 of such title is

18 amended—

19 (A) by redesignating subsection (b) as sub20 section (c); and

21 (B) by inserting after subsection (a) the fol22 lowing new subsection (b):

23 ‘‘(b) JOINT EXPERIENCE REQUIRED FOR APPOINT24 MENT AS CHIEF.—(1) The Secretary of Defense may not

25 recommend an officer to the President for appointment as
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1 Surgeon General unless the officer is determined by the

2 Chairman of the Joint Chiefs of Staff, in accordance with

3 criteria and as a result of a process established by the

4 Chairman, to have significant joint experience.

5 ‘‘(2) Until October 1, 2010, the Secretary of Defense

6 may waive the limitation in paragraph (1) with respect

7 to the recommendation of an officer as Surgeon General if—

8 ‘‘(A) the Secretary of the Navy requests the waiv9 er; and

10 ‘‘(B) in the judgment of the Secretary of

11 Defense—

12 ‘‘(i) the officer is qualified for service as

13 Surgeon General; and

14 ‘‘(ii) the waiver is necessary for the good of

15 the Navy.

16 ‘‘(3) Any waiver under paragraph (2) shall be made

17 on a case-by-case basis.’’.

18 (2) TECHNICAL AMENDMENTS.—Such section is

19 further amended—

20 (A) in subsection (a), by inserting

21 ‘‘CHIEF.—’’ after ‘‘(a)’’; and

22 (B) in subsection (c), as redesignated by

23 paragraph (1)(A) of this subsection, by inserting

24 ‘‘DEPUTY CHIEF.—’’ after ‘‘(c)’’.
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1 (c) SURGEON GENERAL OF THE AIR FORCE.—The text

2 of section 8036 of such title is amended to read as follows:

3 ‘‘(a) SURGEON GENERAL.—There is a Surgeon Gen4 eral of the Air Force who is appointed by the President,

5 by and with the advice and consent of the Senate, from offi6 cers of the Air Force who are in the Air Force medical de7 partment.

8 ‘‘(b) GRADE.—The Surgeon General, while so serving,

9 has the grade of lieutenant general.

10 ‘‘(c) JOINT EXPERIENCE REQUIRED FOR APPOINT11 MENT.—(1) The Secretary of Defense may not recommend

12 an officer to the President for appointment as Surgeon Gen13 eral unless the officer is determined by the Chairman of

14 the Joint Chiefs of Staff, in accordance with criteria and

15 as a result of a process established by the Chairman, to have

16 significant joint experience.

17 ‘‘(2) Until October 1, 2010, the Secretary of Defense

18 may waive the limitation in paragraph (1) with respect

19 to the recommendation of an officer as Surgeon General if—

20 ‘‘(A) the Secretary of the Air Force requests the

21 waiver; and

22 ‘‘(B) in the judgment of the Secretary of

23 Defense—

24 ‘‘(i) the officer is qualified for service as

25 Surgeon General; and
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1 ‘‘(ii) the waiver is necessary for the good of

2 the Air Force.

3 ‘‘(3) Any waiver under paragraph (2) shall be made

4 on a case-by-case basis.’’.

5 (d) EFFECTIVE DATE.—The amendments made by this

6 section shall take effect on October 1, 2008, and shall apply

7 with respect to appointments to the position of Surgeon

8 General of the Army, Surgeon General of the Navy, and

9 Surgeon General of the Air Force that are made on or after

10 that date.

11 SEC. 506. GRADE AND EXCLUSION FROM ACTIVE-DUTY GEN12 ERAL AND FLAG OFFICER DISTRIBUTION AND

13 STRENGTH LIMITATIONS OF OFFICER SERV14 ING AS ATTENDING PHYSICIAN TO THE CON15 GRESS.

16 (a) GRADE.—

17 (1) REGULAR OFFICER.—(A) Chapter 41 of title

18 10, United States Code, is amended by adding at the

19 end the following new section:

20 ‘‘§ 722. Attending Physician to the Congress: grade

21 ‘‘A general officer serving as Attending Physician to

22 the Congress, while so serving, holds the grade of major gen23 eral. A flag officer serving as Attending Physician to the

24 Congress, while so serving, holds the grade of rear admi25 ral.’’.
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1 (B) The table of sections at the beginning of such

2 chapter is amended by adding at the end the fol3 lowing new item:

‘‘722. Attending Physician to the Congress: grade.’’.

4 (2) RESERVE OFFICER.—(A) Section 12210 of

5 such title is amended by striking ‘‘who holds’’ and all

6 that follows and inserting ‘‘holds the reserve grade of

7 major general or rear admiral, as appropriate.’’.

8 (B) The heading of such section is amended to

9 read as follows:

10 ‘‘§ 12210. Attending Physician to the Congress: reserve

11 grade’’.

12 (C) The table of sections at the beginning of

13 chapter 1205 of such title is amended by striking the

14 item relating to section 12210 and inserting the fol15 lowing new item:

‘‘12210. Attending Physician to the Congress: reserve grade.’’.

16 (b) DISTRIBUTION LIMITATIONS.—Section 525 of title

17 10, United States Code, is amended by adding at the end

18 the following new subsection:

19 ‘‘(f) An officer while serving as Attending Physician

20 to the Congress is in addition to the number that would

21 otherwise be permitted for that officer’s armed force for offi22 cers serving on active duty in grades above brigadier gen23 eral or rear admiral (lower half) under subsection (a).’’.
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1 (c) ACTIVE-DUTY STRENGTH LIMITATIONS.—Section

2 526 of such title is amended by adding at the end the fol3 lowing new subsection:

4 ‘‘(f) EXCLUSION OF ATTENDING PHYSICIAN TO THE

5 CONGRESS.—The limitations of this section do not apply

6 to the general or flag officer who is serving as Attending

7 Physician to the Congress.’’.

8 SEC. 507. DISCRETIONARY SEPARATION AND RETIREMENT

9 OF CHIEF WARRANT OFFICERS, W–4, TWICE

10 FAILING SELECTION FOR PROMOTION.

11 (a) IN GENERAL.—Section 580(a) of title 10, United

12 States Code, is amended—

13 (1) in paragraph (1), by inserting ‘‘, except as

14 provided in paragraph (5),’’ after ‘‘shall’’;

15 (2) by redesignating paragraphs (5) and (6) as

16 paragraphs (6) and (7), respectively; and

17 (3) by inserting after paragraph (4) the fol18 lowing new paragraph (5):

19 ‘‘(5) In the case of a warrant officer described in para20 graph (1) who is in the grade of chief warrant officer, W–

21 4, the retirement or separation of such member under this

22 subsection shall be subject to the discretion of the Secretary

23 concerned.’’.
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1 (b) ELIGIBILITY FOR PROMOTION.—Paragraph (6) of

2 such section, as redesignated by subsection (a)(2) of this sec3 tion, is further amended—

4 (1) by striking ‘‘A warrant officer’’ and insert5 ing ‘‘(A) Except as provided in subparagraph (B), a

6 warrant officer’’; and

7 (2) by adding at the end the following new sub8 paragraph:

9 ‘‘(B) A warrant officer who is retained on active duty

10 pursuant to an exercise of the authority in paragraph (5)

11 is eligible for further consideration for promotion while re12 maining on active duty.’’.

13 SEC. 508. INCREASED MANDATORY RETIREMENT AGES FOR

14 RESERVE OFFICERS.

15 (a) MAJOR GENERALS AND REAR ADMIRALS.—

16 (1) INCREASED AGE.—Section 14511 of title 10,

17 United States Code, is amended by striking ‘‘62

18 years’’ and inserting ‘‘64 years’’.

19 (2) CONFORMING AMENDMENT.—The heading of

20 such section is amended to read as follows:

21 ‘‘§ 14511. Separation at age 64: major generals and

22 rear admirals’’.

23 (b) BRIGADIER GENERALS AND REAR ADMIRALS

24 (LOWER HALF).—
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1 (1) INCREASED AGE.—Section 14510 of such title

2 is amended by striking ‘‘60 years’’ and inserting ‘‘62

3 years’’.

4 (2) CONFORMING AMENDMENT.—The heading of

5 such section is amended to read as follows:

6 ‘‘§ 14510. Separation at age 62: brigadier generals

7 and rear admirals (lower half)’’.

8 (c) OFFICERS BELOW BRIGADIER GENERAL OR REAR

9 ADMIRAL (LOWER HALF).—

10 (1) INCREASED AGE.—Section 14509 of such title

11 is amended by striking ‘‘60 years’’ and inserting ‘‘62

12 years’’.

13 (2) CONFORMING AMENDMENT.—The heading of

14 such section is amended to read as follows:

15 ‘‘§ 14509. Separation at age 62: reserve officers in

16 grades below brigadier general or rear

17 admiral (lower half)’’.

18 (d) CERTAIN OTHER OFFICERS.—

19 (1) INCREASED AGE.—Section 14512 of such title

20 is amended by striking ‘‘64 years’’ both places it ap21 pears and inserting ‘‘66 years’’.

22 (2) CONFORMING AMENDMENT.—The heading of

23 such section is amended to read as follows:
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1 ‘‘§ 14512. Separation at age 66: officers holding cer2 tain offices’’.

3 (e) CONFORMING AMENDMENTS.—Section 14508 of

4 such title is amended—

5 (1) in subsection (c), by striking ‘‘60 years’’ and

6 inserting ‘‘62 years’’; and

7 (2) in subsection (d), by striking ‘‘62 years’’ and

8 inserting ‘‘64 years’’.

9 (f) CLERICAL AMENDMENT.—The table of sections at

10 the beginning of chapter 1407 of such title is amended by

11 striking the items relating to sections 14509, 14510, 14511,

12 and 14512 and inserting the following new items:

‘‘14509. Separation at age 62: reserve officers in grades below brigadier general

or rear admiral (lower half).

‘‘14510. Separation at age 62: brigadier generals and rear admirals (lower half).

‘‘14511. Separation at age 64: major generals and rear admirals.

‘‘14512. Separation at age 66: officers holding certain offices.’’.

13 SEC. 509. MODIFICATION OF QUALIFICATIONS FOR LEADER14 SHIP OF THE NAVAL POSTGRADUATE

15 SCHOOL.

16 Section 7042(a) of title 10, United States Code, is

17 amended—

18 (1) in paragraph (1)(A)—

19 (A) by inserting ‘‘active-duty or retired’’

20 after ‘‘An’’;

21 (B) by inserting ‘‘or Marine Corps’’ after

22 ‘‘Navy’’;
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1 (C) by inserting ‘‘or colonel, respectively’’

2 after ‘‘captain’’; and

3 (D) by inserting ‘‘or assigned’’ after ‘‘de4 tailed’’;

5 (2) in paragraph (2), by inserting ‘‘and the

6 Commandant of the Marine Corps’’ after ‘‘Oper7 ations’’; and

8 (3) in paragraph (4)(A)—

9 (A) by inserting ‘‘(unless such individual is

10 a retired officer of the Navy or Marine Corps in

11 a grade not below the grade of captain or colonel,

12 respectively)’’ after ‘‘in the case of a civilian’’;

13 (B) by inserting ‘‘active-duty or retired’’

14 after ‘‘in the case of an’’; and

15 (C) by inserting ‘‘or Marine Corps’’ after

16 ‘‘Navy’’.

17 Part II—Officer Promotion Policy

18 SEC. 515. PROMOTIONS.

19 (a) OFFICERS ON ACTIVE-DUTY LIST.—

20 (1) CLARIFICATION OF APPROVAL OF SELECTION

21 BOARD REPORTS.—Subsection (a)(1) of section 624 of

22 title 10, United States Code, is amended by inserting

23 ‘‘or a delegate of the President’’ after ‘‘the President’’.

24 (2) DATE OF ESTABLISHMENT OF PROMOTION

25 LIST.—Such subsection is further amended by adding
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1 at the end the following new sentence: ‘‘For pro2 motions that occur by and with the advice and con3 sent of the Senate, a promotion list shall be treated

4 as being established for purposes of this chapter on

5 the date on which the list is received by the Senate

6 for consideration.’’.

7 (3) UNIFORM PROCEDURES FOR DELAYS OF AP8 POINTMENT UPON PROMOTION.—Subsection (d) of

9 such section is amended—

10 (A) in paragraph (1), by striking ‘‘pre11 scribed by the Secretary concerned’’ and insert12 ing ‘‘prescribed by the Secretary of Defense’’; and

13 (B) in paragraph (2), by striking ‘‘pre14 scribed by the Secretary concerned’’ and insert15 ing ‘‘prescribed by the Secretary of Defense’’.

16 (4) ADDITIONAL BASIS FOR DELAY OF APPOINT17 MENT.—Subsection (d)(1) of such section is further

18 amended—

19 (A) in subparagraph (C), by striking ‘‘or’’

20 at the end;

21 (B) in subparagraph (D), by striking the

22 period at the end and inserting ‘‘; or’’;

23 (C) by inserting after subparagraph (D) the

24 following new subparagraph (E):
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1 ‘‘(E) substantiated adverse information about the

2 officer that is material to the decision to appoint the

3 officer is under review by the Secretary of Defense or

4 the Secretary concerned.’’; and

5 (D) in the flush matter following subpara6 graph (E), as inserted by subparagraph (C) of

7 this paragraph—

8 (i) by striking ‘‘or if the officer is ac9 quitted’’ and inserting ‘‘if the officer is ac10 quitted’’; and

11 (ii) by inserting after ‘‘brought against

12 him,’’ the following: ‘‘or if after a review of

13 substantiated adverse information about the

14 officer regarding the requirement for exem15 plary conduct set forth in section 3583,

16 5947, or 8583 of this title, as applicable, the

17 officer is determined to be among the offi18 cers best qualified for promotion,’’.

19 (5) ADDITIONAL BASIS FOR DELAY IN APPOINT20 MENT FOR LACK OF QUALIFICATIONS.—Subsection

21 (d)(2) of such section is further amended—

22 (A) in the first sentence, by inserting before

23 ‘‘is mentally, physically,’’ the following: ‘‘has not

24 met the requirement for exemplary conduct set
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1 forth in section 3583, 5947, or 8583 of this title,

2 as applicable, or’’; and

3 (B) in the second sentence, by striking ‘‘If

4 the Secretary concerned later determines that the

5 officer is qualified for promotion to such grade’’

6 and inserting ‘‘If it is later determined by a ci7 vilian official of the Department of Defense (not

8 below the level of Secretary of a military depart9 ment) that the officer is qualified for promotion

10 to such grade and, after a review of adverse in11 formation regarding the requirement for exem12 plary conduct set forth in section 3583, 5947, or

13 8583 of this title, as applicable, the officer is de14 termined to be among the officers best qualified

15 for promotion to such grade’’.

16 (b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—

17 (1) CLARIFICATION OF APPROVAL OF SELECTION

18 BOARD REPORTS.—Subsection (a) of section 14308 of

19 title 10, United States Code, is amended by inserting

20 ‘‘or a delegate of the President’’ after ‘‘the President’’.

21 (2) DATE OF ESTABLISHMENT OF PROMOTION

22 LIST.—Such subsection is further amended by adding

23 at the end the following new sentence: ‘‘For pro24 motions that occur by and with the advice and con25 sent of the Senate, a promotion list shall be treated
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1 as being established for purposes of this chapter on

2 the date on which the list is received by the Senate

3 for consideration.’’.

4 (3) UNIFORM PROCEDURES FOR DELAYS OF AP5 POINTMENT UPON PROMOTION.—Section 14311 of

6 such title is amended—

7 (A) in subsection (a)(1), by striking ‘‘Sec8 retary of the military department concerned’’

9 and inserting ‘‘Secretary of Defense’’; and

10 (B) in subsection (b), by striking ‘‘Secretary

11 of the military department concerned’’ and in12 serting ‘‘Secretary of Defense’’.

13 (4) ADDITIONAL BASIS FOR ORIGINAL DELAY OF

14 APPOINTMENT.—Section 14311(a) of such title is fur15 ther amended—

16 (A) in paragraph (1), by adding at the end

17 the following new subparagraph:

18 ‘‘(E) Substantiated adverse information about

19 the officer that is material to the decision to appoint

20 the officer is under review by the Secretary of Defense

21 or the Secretary concerned.’’; and

22 (B) in paragraph (2)—

23 (i) by striking ‘‘or if the officer is ac24 quitted’’ and inserting ‘‘if the officer is ac25 quitted’’; and
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1 (ii) by inserting after ‘‘brought against

2 him,’’ the following: ‘‘or if after a review of

3 substantiated adverse information about the

4 officer regarding the requirement for exem5 plary conduct set forth in section 3583,

6 5947, or 8583 of this title, as applicable, the

7 officer is determined to be among the offi8 cers best qualified for promotion,’’.

9 (5) ADDITIONAL BASIS FOR DELAY IN APPOINT10 MENT FOR LACK OF QUALIFICATIONS.—Section

11 14311(b) of such section is further amended—

12 (A) in the first sentence, by inserting before

13 ‘‘is mentally, physically,’’ the following: ‘‘has not

14 met the requirement for exemplary conduct set

15 forth in section 3583, 5947, or 8583 of this title,

16 as applicable, or’’; and

17 (B) in the second sentence, by striking ‘‘If

18 the Secretary concerned later determines that the

19 officer is qualified for promotion to the higher

20 grade’’ and inserting ‘‘If it is later determined

21 by a civilian official of the Department of De22 fense (not below the level of Secretary of a mili23 tary department) that the officer is qualified for

24 promotion to the higher grade and, after a re25 view of adverse information regarding the re-
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1 quirement for exemplary conduct set forth in sec2 tion 3583, 5947, or 8583 of this title, as applica3 ble, the officer is determined to be among the of4 ficers best qualified for promotion to the higher

5 grade’’.

6 (c) DEADLINE FOR UNIFORM REGULATIONS ON DELAY

7 OF PROMOTIONS.—The Secretary of Defense shall prescribe

8 the regulations required by section 624(d) of title 10, United

9 States Code (as amended by subsection (a)(3) of this sec10 tion), and the regulations required by section 14311 of title

11 10, United States Code (as amended by subsection (b)(3)

12 of this section), not later than March 1, 2008.

13 (d) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on the date of the enactment of this

15 Act, and shall apply with respect to officers on promotion

16 lists established on or after that date.

17 SEC. 516. CONSIDERATION OF ADVERSE INFORMATION BY

18 PROMOTION SELECTION BOARDS IN REC19 OMMENDATIONS ON OFFICERS TO BE PRO20 MOTED.

21 (a) OFFICERS ON ACTIVE-DUTY LIST.—Section 616(c)

22 of title 10, United States Code, is amended—

23 (1) in paragraph (1), by striking ‘‘and’’ at the

24 end;
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1 (2) in paragraph (2), by striking the period at

2 the end and inserting ‘‘; and’’; and

3 (3) by adding at the end the following new para4 graph:

5 ‘‘(3) a majority of the members of the board,

6 after consideration by all members of the board of any

7 adverse information about the officer that is provided

8 to the board under section 615 of this title, finds that

9 the officer is among the officers best qualified for pro10 motion to meet the needs of the armed force concerned

11 consistent with the requirement of exemplary conduct

12 set forth in section 3583, 5947, or 8583 of this title,

13 as applicable.’’.

14 (b) OFFICERS ON RESERVE-ACTIVE STATUS LIST.—

15 Section 14108(b) of such title is amended—

16 (1) in the heading, by striking ‘‘MAJORITY RE17 QUIRED’’ and inserting ‘‘ACTIONS REQUIRED’’;

18 (2) in paragraph (1), by striking ‘‘and’’ at the

19 end;

20 (3) in paragraph (2), by striking the period at

21 the end and inserting ‘‘; and’’; and

22 (4) by adding at the end the following new para23 graph:

24 ‘‘(3) a majority of the members of the board,

25 after consideration by all members of the board of any
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1 adverse information about the officer that is provided

2 to the board under section 14107 of this title, finds

3 that the officer is among the officers best qualified for

4 promotion to meet the needs of the armed force con5 cerned consistent with the requirement of exemplary

6 conduct set forth in section 3583, 5947, or 8583 of

7 this title, as applicable.’’.

8 (c) EFFECTIVE DATE.—The amendments made by this

9 section shall take effect on the date of the enactment of this

10 Act, and shall apply with respect to promotion selection

11 boards convened on or after that date.

12 SEC. 517. EXPANDED AUTHORITY FOR REMOVAL FROM RE13 PORTS OF SELECTION BOARDS OF OFFICERS

14 RECOMMENDED FOR PROMOTION TO GRADES

15 BELOW GENERAL AND FLAG GRADES.

16 (a) OFFICERS ON ACTIVE-DUTY LIST.—Section 618(d)

17 of title 10, United States Code, is amended—

18 (1) by striking ‘‘The name’’ and inserting ‘‘(1)

19 Except as provided in paragraph (2), the name’’; and

20 (2) by adding at the end the following new para21 graph:

22 ‘‘(2) In the case of an officer recommended by a selec23 tion board for promotion to a grade below brigadier general

24 or rear admiral (lower half), the name of the officer may

25 also be removed from the report of the selection board by
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1 the Secretary of Defense or the Deputy Secretary of De2 fense.’’.

3 (b) OFFICERS ON RESERVE-ACTIVE STATUS LIST.—

4 Section 14111(b) of such title is amended—

5 (1) by striking ‘‘The name’’ and inserting ‘‘(1)

6 Except as provided in paragraph (2), the name’’; and

7 (2) by adding at the end the following new para8 graph:

9 ‘‘(2) In the case of an officer recommended by a selec10 tion board for promotion to a grade below brigadier general

11 or rear admiral (lower half), the name of the officer may

12 also be removed from the report of the selection board by

13 the Secretary of Defense or the Deputy Secretary of De14 fense.’’.

15 (c) EFFECTIVE DATE.—The amendments made by this

16 section shall take effect on the date of the enactment of this

17 Act, and shall apply with respect to promotion selection

18 boards convened on or after that date.

19 SEC. 518. CLARIFICATION OF NONDISCLOSURE REQUIRE20 MENTS APPLICABLE TO PROMOTION SELEC21 TION BOARD PROCEEDINGS.

22 (a) SELECTION BOARD PROCEEDINGS FOR ACTIVE

23 DUTY OFFICERS.—Subsection (f) of section 618 of title 10,

24 United States Code, is amended to read as follows:
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1 ‘‘(f)(1) Proceedings of a selection board convened under

2 section 611 of this title shall not be disclosed to any person

3 not a member of the board.

4 ‘‘(2) Discussions and deliberations of a selection board

5 described in paragraph (1), and any written or documen6 tary records thereof, shall—

7 ‘‘(A) be immune from legal process;

8 ‘‘(B) not be admitted as evidence; and

9 ‘‘(C) not be used for any purpose in any action,

10 suit, or judicial or administrative proceeding without

11 the consent of the Secretary of the military depart12 ment concerned.’’.

13 (b) SELECTION BOARD PROCEEDINGS FOR RESERVE

14 OFFICERS.—

15 (1) IN GENERAL.—Section 14104 of such title is

16 amended to read as follows:

17 ‘‘§ 14104. Nondisclosure of board proceedings

18 ‘‘(a) IN GENERAL.—The proceedings of a selection

19 board convened under section 14101 of this title shall not

20 be disclosed to any person not a member of the board.

21 ‘‘(b) DISCUSSIONS AND DELIBERATIONS.—Discussions

22 and deliberations of a selection board described in sub23 section (a), and any written or documentary records there24 of, shall—

25 ‘‘(1) be immune from legal process;
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1 ‘‘(2) not be admitted as evidence; and

2 ‘‘(3) not be used for any purpose in any action,

3 suit, or judicial or administrative proceeding without

4 the consent of the Secretary of the military depart5 ment concerned.’’.

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 1403 of such title is

8 amended by striking the item relating to section

9 14104 and inserting the following new item:

‘‘14104. Nondisclosure of board proceedings.’’.

10 (c) EFFECTIVE DATE.—The amendments made by this

11 section shall take effect on the date of the enactment of this

12 Act, and shall apply with respect to the proceedings of any

13 promotion selection board, whether convened before, on, or

14 after such date.

15 SEC. 519. SPECIAL SELECTION BOARD AUTHORITIES.

16 (a) OFFICERS ON ACTIVE-DUTY LIST.—

17 (1) BOARDS FOR ADMINISTRATIVE ERROR AVAIL18 ABLE ONLY TO OFFICERS IN OR ABOVE PROMOTION

19 ZONE.—Subsection (a)(1) of section 628 of title 10,

20 United States Code, is amended by inserting ‘‘from in

21 or above the promotion zone’’ after ‘‘for selection for

22 promotion’’.

23 (2) ACTIONS TREATABLE AS MATERIAL UNFAIR24 NESS.—Subsection (b)(1)(A) of such section is amend-
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1 ed by inserting ‘‘in a matter material to the decision

2 of the board’’ after ‘‘contrary to law’’.

3 (b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—

4 Section 14502(b)(1)(A) of such title is amended by inserting

5 ‘‘in a matter material to the decision of the board’’ after

6 ‘‘contrary to law’’.

7 (c) EFFECTIVE DATE.—The amendments made by this

8 section shall take effect on March 1, 2007, and shall apply

9 with respect to promotion selection boards convened on or

10 after that date.

11 SEC. 520. REMOVAL FROM PROMOTION LISTS OF OFFICERS

12 RETURNED TO THE PRESIDENT BY THE SEN13 ATE.

14 (a) OFFICERS ON ACTIVE-DUTY LIST.—

15 (1) CLARIFICATION OF REMOVAL AUTHORITY.—

16 Subsection (a) of section 629 of title 10, United States

17 Code, is amended by inserting ‘‘or a delegee of the

18 President’’ after ‘‘The President’’.

19 (2) REMOVAL FOLLOWING RETURN.—Such sec20 tion is further amended—

21 (A) by redesignating subsection (c) as sub22 section (d);

23 (B) by inserting after subsection (b) the fol24 lowing new subsection (c):
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1 ‘‘(c)(1) If an officer or group of officers on a list of

2 officers approved for promotion by the President and sub3 mitted to the Senate for consideration is returned by the

4 Senate to the President pursuant to the rules and proce5 dures of the Senate, the officer or group of officers, as the

6 case may be, shall automatically be removed from the list

7 at the end of the 365-day period beginning on the date of

8 such return.

9 ‘‘(2) Prior to the end of the 365-day period referred

10 to in paragraph (1), the President may extend by an addi11 tional 365 days the period specified in that paragraph for

12 the removal of an officer or group of officers from a list

13 of officers approved for promotion by the President.

14 ‘‘(3) The President may, during the period specified

15 in paragraph (1), as extended (if at all) under paragraph

16 (2), resubmit to the Senate any officer or group of officers

17 removed under paragraph (1) from a list of officers ap18 proved for promotion by the President.

19 ‘‘(4) If an officer or group of officers resubmitted to

20 the Senate under paragraph (3) is returned by the Senate

21 to the President pursuant to the rules and procedures of

22 the Senate, the officer or group of officers, as the case may

23 be, shall automatically be removed from the list of officers

24 approved for promotion by the President.’’; and
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1 (C) in paragraph (1) of subsection (d), as

2 redesignated by paragraph (1) of this subsection,

3 by striking ‘‘or (b)’’ and inserting ‘‘(b), or (c)’’.

4 (b) OFFICERS ON RESERVE ACTIVE STATUS LIST.—

5 (1) CLARIFICATION OF REMOVAL AUTHORITY.—

6 Subsection (a) of section 14310 of such title is amend7 ed by inserting ‘‘or a delegee of the President’’ after

8 ‘‘The President’’.

9 (2) REMOVAL FOLLOWING RETURN.—Such sec10 tion is further amended—

11 (A) by redesignating subsection (c) as sub12 section (d);

13 (B) by inserting after subsection (b) the fol14 lowing new subsection (c):

15 ‘‘(c) REMOVAL FOLLOWING RETURN BY THE SENATE

16 TO THE PRESIDENT.—(1) If an officer or group of officers

17 on a list of officers approved for promotion by the President

18 and submitted to the Senate for consideration is returned

19 by the Senate to the President pursuant to the rules and

20 procedures of the Senate, the officer or group of officers, as

21 the case may be, shall automatically be removed from the

22 list at the end of the 365-day period beginning on the date

23 of such return.

24 ‘‘(2) Prior to the end of the 365-day period referred

25 to in paragraph (1), the President may extend by an addi-
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1 tional 365 days the period specified in that paragraph for

2 the removal of an officer or group of officers from a list

3 of officers approved for promotion by the President.

4 ‘‘(3) The President may, during the period specified

5 in paragraph (1), as extended (if at all) under paragraph

6 (2), resubmit to the Senate any officer or group of officers

7 removed under paragraph (1) from a list of officers ap8 proved for promotion by the President.

9 ‘‘(4) If an officer or group of officers resubmitted to

10 the Senate under paragraph (3) is returned by the Senate

11 to the President pursuant to the rules and procedures of

12 the Senate, the officer or group of officers, as the case may

13 be, shall automatically be removed from the list of officers

14 approved for promotion by the President.’’; and

15 (C) in subsection (d), as redesignated by

16 paragraph (1) of this subsection, by striking ‘‘or

17 (b)’’ and inserting ‘‘(b), or (c)’’.

18 (c) EFFECTIVE DATE.—

19 (1) IN GENERAL.—The amendments made by

20 this section shall take effect on January 1, 2007.

21 (2) APPLICABILITY TO CERTAIN OFFICERS.—The

22 amendments made by this section shall not apply to

23 any officer on the active-duty list or reserve active

24 status list whose name is on a promotion list or re25 port of a selection board on the date of the enactment
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1 of this Act. Any officer whose name is on a promotion

2 list as of the date of the enactment of this Act fol3 lowing the return of the officer’s nomination to the

4 President by the Senate and who is eligible as of that

5 date for retirement for years of service shall be retired

6 not later than October 1, 2008.

7 SEC. 521. REPORT ON JOINT OFFICER PROMOTION BOARDS.

8 (a) REPORT REQUIRED.—Not later than June 1, 2007,

9 the Secretary of Defense shall submit to the Committee on

10 Armed Services of the Senate and House of Representatives

11 a report on the desirability and feasibility of conducting

12 joint officer promotion selection boards.

13 (b) ELEMENTS.—The report under subsection (a) shall

14 include—

15 (1) a discussion of the limitations in existing of16 ficer career paths and promotion procedures that

17 might warrant the conduct of joint officer promotion

18 selection boards;

19 (2) an identification of the requirements for offi20 cers for which joint officer promotion selection boards

21 would be advantageous;

22 (3) recommendations on methods to demonstrate

23 how joint officer promotion selection boards might be

24 structured, and an evaluation of the feasibility of

25 such methods; and
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1 (4) any proposals for legislative action that the

2 Secretary considers appropriate.

3 Part III—Joint Officer Management Requirements

4 SEC. 526. MODIFICATION AND ENHANCEMENT OF GENERAL

5 AUTHORITIES ON MANAGEMENT OF JOINT

6 QUALIFIED OFFICERS.

7 (a) REDESIGNATION OF APPLICABILITY OF POLICIES

8 TOWARD JOINT QUALIFICATION.—Subsection (a) of section

9 661 of title 10, United States Code, is amended by striking

10 the last sentence and inserting the following new sentence:

11 ‘‘For purposes of this chapter, officers to be managed by

12 such policies, procedures, and practices are referred to as

13 ‘joint qualified’.’’.

14 (b) NUMBERS AND DESIGNATION.—Subsection (b) of

15 such section is amended—

16 (1) in the heading, by striking ‘‘SELECTION’’ and

17 inserting ‘‘DESIGNATION’’;

18 (2) in paragraph (1), by striking ‘‘of officers

19 with the joint specialty’’ and inserting ‘‘and levels of

20 joint qualified officers’’;

21 (3) in paragraph (2)—

22 (A) by striking ‘‘selected for the joint spe23 cialty’’ and inserting ‘‘designated as joint quali24 fied officers’’; and
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1 (B) by striking the second and third sen2 tences and inserting the following new sentence:

3 ‘‘Officers considered for joint qualification

4 shall—

5 ‘‘(A) meet criteria prescribed by the Secretary of

6 Defense; and

7 ‘‘(B) be those officers who are serving in the

8 grade of captain or, in the case of the Navy, lieuten9 ant, or a higher grade.’’; and

10 (4) in paragraph (3)—

11 (A) by striking ‘‘select officers for the joint

12 specialty’’ and inserting ‘‘designate officers as

13 joint qualified officers’’; and

14 (B) by striking ‘‘the Deputy Secretary of

15 Defense’’ and inserting ‘‘the Under Secretary of

16 Defense for Personnel and Readiness’’.

17 (c) EDUCATION AND EXPERIENCE REQUIREMENTS.—

18 Subsection (c) of such section is amended to read as follows:

19 ‘‘(c) EDUCATION AND EXPERIENCE REQUIREMENTS.—

20 (1) An officer may not be designated as a joint qualified

21 officer until the officer—

22 ‘‘(A)(i) successfully completes an appropriate

23 program at a joint professional military education

24 school; and
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1 ‘‘(ii) successfully completes a full tour of duty in

2 a joint duty assignment (as described in section

3 664(f) of this title (other than in paragraph (2) of

4 such section)); or

5 ‘‘(B) under regulations and policy prescribed by

6 the Secretary of Defense, successfully demonstrates a

7 mastery of knowledge, skills, and abilities in joint

8 matters.

9 ‘‘(2)(A) In the case of an officer who has completed

10 two full tours of duty in a joint duty assignment (as de11 scribed in section 664(f) of this title) and demonstrates a

12 mastery of knowledge, skills, and abilities on joint matters,

13 the Secretary of Defense may waive the requirement that

14 the officer have successfully completed a program of edu15 cation referred to in paragraph (1)(A)(i) if the Secretary

16 determines that the types of joint duty experiences com17 pleted by the officer have been of sufficient breadth to pre18 pare the officer adequately for the highest level of joint qual19 ification.

20 ‘‘(B) The authority of the Secretary of Defense to grant

21 a waiver under subparagraph (A) may be delegated only

22 to the Under Secretary of Defense for Personnel and Readi23 ness.

24 ‘‘(C)(i) A waiver under subparagraph (A) may be

25 granted only on a case-by-case basis.
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1 ‘‘(ii) A waiver under subparagraph (A) may be grant2 ed only under circumstances justifying variation from the

3 requirements of paragraph (1) for designation of an officer

4 for the highest level of joint qualification as specified by

5 the Secretary of Defense.

6 ‘‘(iii) In the case of a general or flag officer, a waiver

7 under subparagraph (A) may be granted only under cir8 cumstances described in clause (ii) and circumstances in

9 which the waiver is necessary to meet a critical need of the

10 Armed Forces, as determined by the Chairman of the Joint

11 Chiefs of Staff.

12 ‘‘(iv) In the case of officers in grades below brigadier

13 general or rear admiral (lower half), the total number of

14 waivers granted under subparagraph (A) for officers in the

15 same pay grade during a fiscal year may not exceed 10

16 percent of the total number of officers in that pay grade

17 selected for the highest level of joint qualification during

18 that fiscal year.

19 ‘‘(D) There may not be more than 32 general and flag

20 officers on active duty at the same time who were selected

21 for the joint specialty or highest level of joint qualification

22 while holding a general or flag officer grade and for whom

23 a waiver was granted under subparagraph (A).’’.

24 (d) NUMBER OF JOINT DUTY ASSIGNMENTS.—Sub25 section (d) of such section is amended to read as follows:
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1 ‘‘(d) NUMBER OF JOINT DUTY ASSIGNMENTS.—(1)

2 The Secretary of Defense shall ensure that approximately

3 one-half of the joint duty assignment positions in grades

4 above major or, in the case of the Navy, lieutenant com5 mander are filled at any time by officers who have the high6 est level of joint qualification.

7 ‘‘(2) The Secretary of Defense, with the advice of the

8 Chairman of the Joint Chiefs of Staff, shall designate an

9 appropriate number of joint duty assignment positions as

10 critical joint duty assignment positions. A position may be

11 designated as a critical joint duty assignment position only

12 if the duties and responsibilities of the position make it im13 portant that the occupant be particularly trained in, and

14 oriented toward, joint matters.

15 ‘‘(3)(A) Except as provided in subparagraph (B), a

16 position designated under paragraph (2) may be held only

17 by an officer who has the highest level of joint qualification.

18 ‘‘(B) The Secretary of Defense may waive the require19 ment in subparagraph (A) with respect to the assignment

20 of an officer to a position designated under paragraph (1).

21 Any such waiver shall be granted on a case-by-case basis.

22 The authority of the Secretary to grant such a waiver may

23 be delegated only to the Chairman of the Joint Chiefs of

24 Staff.
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1 ‘‘(4) The Secretary of Defense shall ensure that, of those

2 joint duty assignment positions that are filled by general

3 or flag officers, a substantial portion are among those posi4 tions that are designated under paragraph (2) as critical

5 joint duty assignment positions.’’.

6 (e) CAREER GUIDELINES.—Subsection (e) of such sec7 tion is amended by striking ‘‘officers with the joint spe8 cialty’’ and inserting ‘‘officers who are joint qualified offi9 cers’’.

10 (f) TREATMENT OF CERTAIN SERVICE.—Subsection (f)

11 of such section is amended by striking ‘‘(including section

12 619(e)(1) of this title)’’.

13 (g) CLERICAL AMENDMENT.—The table of sections at

14 the beginning of chapter 38 of such title is amended by

15 striking the item relating to section 661 and inserting the

16 following new item:

‘‘661. Management policies for joint qualified officers.’’.

17 SEC. 527. MODIFICATION OF PROMOTION POLICY OBJEC18 TIVES FOR JOINT OFFICERS.

19 Section 662(a) of title 10, United States Code, is

20 amended—

21 (1) in paragraph (1), by inserting ‘‘and’’ after

22 the semicolon; and

23 (2) by striking paragraphs (2) and (3) and in24 serting the following new paragraph (2):
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1 ‘‘(2) officers who are serving in or have served in

2 joint duty assignments are expected, as a group, to be

3 promoted to the next higher grade at a rate not less

4 than the rate for all officers of the same armed force

5 in the same grade and competitive category.’’.

6 SEC. 528. APPLICABILITY OF JOINT DUTY ASSIGNMENT RE7 QUIREMENTS LIMITED TO GRADUATES OF NA8 TIONAL DEFENSE UNIVERSITY SCHOOLS.

9 (a) APPLICABILITY.—Section 663 of title 10, United

10 States Code, is amended—

11 (1) in subsection (a), by striking ‘‘a joint profes12 sional military education school’’ and inserting ‘‘a

13 school within the National Defense University’’; and

14 (2) in subsection (b)—

15 (A) in paragraph (1), by striking ‘‘a joint

16 professional military education school’’ and in17 serting ‘‘a school within the National Defense

18 University’’; and

19 (B) in paragraph (2), by striking ‘‘a joint

20 professional military education school’’ and in21 serting ‘‘a school referred to in paragraph (1)’’.

22 (b) DEFINITION.—Such section is further amended by

23 adding at the end the following new subsection:
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1 ‘‘(c) SCHOOL WITHIN THE NATIONAL DEFENSE UNI2 VERSITY.—For purposes of this section, a school within the

3 National Defense University includes a school as follows:

4 ‘‘(1) The National War College.

5 ‘‘(2) The Industrial College of the Armed Forces.

6 ‘‘(3) The Joint Advanced Warfighting School.

7 ‘‘(4) The Joint Forces Staff College.’’.

8 SEC. 529. MODIFICATION OF DEFINITIONS RELATING TO

9 JOINTNESS.

10 (a) MODIFICATION OF DEFINITION OF ‘‘JOINT MAT11 TERS’’.—Subsection (a) of section 668 of title 10, United

12 States Code, is amended to read as follows:

13 ‘‘(a) JOINT MATTERS.—In this chapter, the term ‘joint

14 matters’ means matters involving the integrated use of mili15 tary forces relating to national military strategy, strategic

16 and contingency planning, and command and control of

17 operations under unified command that may be conducted

18 under unified action on land, sea, or air, in space, or in

19 the information environment with participants from mul20 tiple armed forces, the armed forces and other departments

21 and agencies of the United States Government, the armed

22 forces and the military forces or agencies of other countries,

23 the armed forces and non-governmental persons or entities,

24 or any combination thereof.’’.
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1 (b) MODIFICATION OF DEFINITION OF ‘‘JOINT DUTY

2 ASSIGNMENT’’.—Paragraph (1) of subsection (b) of such

3 section is amended by striking ‘‘and shall exclude’’ and all

4 that follows and inserting a period.

5 (c) RESTATEMENT OF DEFINITION OF ‘‘CRITICAL OC6 CUPATIONAL SPECIALTY’’.—

7 (1) IN GENERAL.—Section 668 of such title is

8 further amended by adding at the end the following

9 new subsection:

10 ‘‘(d) CRITICAL OCCUPATIONAL SPECIALTY.—In this

11 chapter, the term ‘critical occupational specialty’ means a

12 military occupational specialty within a combat arm of the

13 Army, or an equivalent arm of the Navy, Air Force, and

14 Marine Corps, that is designated by the Secretary of Defense

15 as a critical occupational specialty because such combat

16 arm is experiencing a severe shortage of trained officers in

17 that military occupational specialty.’’.

18 (2) CONFORMING AMENDMENTS.—The following

19 provisions of such title are each amended by striking

20 ‘‘under section 661(c)(2) of this title’’:

21 (A) Section 664(c)(2).

22 (B) Section 667(3).
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1 SEC. 530. CONDITION ON APPOINTMENT OF COMMISSIONED

2 OFFICERS TO POSITION OF DIRECTOR OF NA3 TIONAL INTELLIGENCE OR DIRECTOR OF THE

4 CENTRAL INTELLIGENCE AGENCY.

5 (a) CONDITION.—

6 (1) IN GENERAL.—Chapter 32 of title 10, United

7 States Code, is amended by adding at the end the fol8 lowing new section:

9 ‘‘§ 529. Condition on appointment to certain positions:

10 Director of National Intelligence; Director

11 of the Central Intelligence Agency

12 ‘‘As a condition of appointment to the position of Di13 rector of National Intelligence or Director of the Central

14 Intelligence Agency, an officer shall acknowledge that upon

15 termination of service in such position the officer shall be

16 retired in accordance with section 1253 of this title.’’.

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 32 of such title is

19 amended by adding at the end the following new item:

‘‘529. Condition on appointment to certain positions: Director of National Intelligence; Director of the Central Intelligence Agency.’’.

20 (b) RETIREMENT.—

21 (1) IN GENERAL.—Chapter 63 of title 10, United

22 States Code, is amended by adding at the end the fol23 lowing new section:
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1 ‘‘§ 1253. Mandatory retirement: Director of National

2 Intelligence; Director of the Central Intel3 ligence Agency

4 ‘‘Upon termination of the appointment of an officer

5 to the position of Director of National Intelligence or Direc6 tor of the Central Intelligence Agency, the Secretary of the

7 military department concerned shall retire the officer under

8 any provision of this title under which the officer is eligible

9 to retire.’’.

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 63 of such title is

12 amended by adding at the end the following new item:

‘‘1253. Mandatory retirement: Director of National Intelligence; Director of the

Central Intelligence Agency.’’.

13 (c) EFFECTIVE DATE.—The amendments made by this

14 section shall take effect on the date of the enactment of this

15 Act, and shall apply with respect to appointments of com16 missioned officers of the Armed Forces to the position of

17 Director of National Intelligence or Director of the Central

18 Intelligence Agency on or after that date.

19 Subtitle B—Reserve Component

20 Personnel Matters

21 SEC. 531. ENHANCED FLEXIBILITY IN THE MANAGEMENT OF

22 RESERVE COMPONENT PERSONNEL.

23 (a) CLARIFICATION OF DEFINITION OF ‘‘ACTIVE

24 GUARD AND RESERVE DUTY’’ UNDER TITLE 10, UNITED
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1 STATES CODE.—Section 101(d)(6)(A) of title 10, United

2 States Code, is amended—

3 (1) by striking ‘‘or full-time National Guard

4 duty’’ the first place it appears;

5 (2) by striking ‘‘to active duty or’’ and inserting

6 ‘‘to’’;

7 (3) by striking ‘‘Guard, pursuant’’ and inserting

8 ‘‘Guard pursuant’’; and

9 (4) by inserting a comma before ‘‘for a period’’.

10 (b) EXPANSION OF ACTIVE GUARD AND RESERVE

11 DUTY TO INCLUDE SUPPORT OF RESERVE COMPONENT OP12 ERATIONS AND ADDITIONAL INSTRUCTION AND TRAIN13 ING.—Section 12310 of title 10, United States Code, is

14 amended—

15 (1) by redesignating subsections (c) and (d) as

16 subsections (d) and (e), respectively;

17 (2) by striking subsections (a) and (b) and in18 serting the following new subsections:

19 ‘‘(a) ACTIVE GUARD AND RESERVE DUTY.—The Sec20 retary concerned may order a Reserve ordered to or retained

21 on active duty under section 12301(d) of this title to per22 form active Guard and Reserve duty.

23 ‘‘(b) ADDITIONAL DUTIES.—A Reserve on active duty

24 as described in subsection (a) who is performing active

25 Guard and Reserve duty pursuant to an order under that
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1 subsection may be assigned additional duties (to the extent

2 such duties do not interfere with the performance by the

3 Reserve of active Guard and Reserve duty under that sub4 section) as follows:

5 ‘‘(1) Supporting operations or missions assigned

6 in whole or in part to the reserve components.

7 ‘‘(2) Supporting operations or missions per8 formed or to be performed by—

9 ‘‘(A) a unit composed of elements from more

10 than one component of the same armed force; or

11 ‘‘(B) a joint forces unit that includes—

12 ‘‘(i) one or more reserve component

13 units; or

14 ‘‘(ii) a member of a reserve component

15 whose reserve component assignment is in a

16 position in an element of the joint forces

17 unit.

18 ‘‘(3) Advising the Secretary of Defense, the Secre19 taries of the military departments, the Joint Chiefs of

20 Staff, and the commanders of the combatant com21 mands on reserve component matters.

22 ‘‘(4) Instructing or training members of the

23 armed forces on active duty, members of foreign mili24 tary forces (under authorities and limitations appli25 cable to the provision of such instruction or training
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1 by members of the Armed Forces on active duty), De2 partment of Defense contractor personnel, and De3 partment of Defense civilian employees.

4 ‘‘(c) GRADE WHEN ORDERED TO ACTIVE DUTY.—A

5 Reserve ordered to active duty under subsection (a) shall

6 be ordered in his reserve grade. While so serving, he con7 tinues to be eligible for promotion as a Reserve, if he is

8 otherwise qualified.’’; and

9 (3) in paragraph (1) of subsection (d), as so

10 redesignated—

11 (A) by striking ‘‘Notwithstanding subsection

12 (b), a Reserve’’ and inserting ‘‘A Reserve’’; and

13 (B) by striking ‘‘functions’’ and inserting

14 ‘‘duty’’.

15 (c) EXPANSION OF DUTIES OF MILITARY TECHNICIANS

16 (DUAL STATUS).—

17 (1) GENERAL DUTIES.—Section 10216(a)(1)(C)

18 of such title is amended by striking ‘‘administration

19 and’’ and inserting ‘‘organizing, administering, in20 structing, or’’.

21 (2) SUPPORT OF RESERVE COMPONENT OPER22 ATIONS AND ADDITIONAL INSTRUCTION AND TRAIN23 ING.—Chapter 1007 of such title is amended by in24 serting after section 10216 the following new section:
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1 ‘‘§ 10216a. Military technicians (dual status): addi2 tional duties

3 ‘‘A military technician (dual status) who is employed

4 under section 3101 of title 5 may perform additional duties

5 (to the extent such duties do not interfere with the perform6 ance by the military technician of duties assigned under

7 section 10216(a)(1)(C) of this title) as follows:

8 ‘‘(1) Supporting operations or missions assigned

9 in whole or in part to the military technician’s unit.

10 ‘‘(2) Supporting operations or missions per11 formed or to be performed by—

12 ‘‘(A) a unit composed of elements from more

13 than one component of the military technician’s

14 armed force; or

15 ‘‘(B) a joint forces unit that includes—

16 ‘‘(i) one or more units of the military

17 technician’s reserve component; or

18 ‘‘(ii) a member of the military techni19 cian’s reserve component whose reserve com20 ponent assignment is in a position in an

21 element of the joint forces unit.

22 ‘‘(3) Instructing or training members of the

23 Armed Forces on active duty, members of foreign

24 military forces (under authorities and limitations ap25 plicable to the provision of such instruction or train26 ing by members of the Armed Forces on active duty),
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1 Department of Defense contractor personnel, and De2 partment of Defense civilian employees.’’.

3 (3) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 1007 of such title is

5 amended by inserting after the item relating to sec6 tion 10216 the following new item:

‘‘10216a. Military technicians (dual status): additional duties.’’.

7 (d) ORDER OF NATIONAL GUARD MEMBERS TO PER8 FORM NATIONAL GUARD ACTIVE GUARD AND RESERVE

9 DUTY AND ADDITIONAL DUTIES.—

10 (1) DEFINITION OF ‘‘NATIONAL GUARD ACTIVE

11 GUARD AND RESERVE DUTY’’.—Section 101 of title

12 32, United States Code, is amended by adding at the

13 end the following:

14 ‘‘(20)(A) ‘National Guard active Guard and Re15 serve duty’ means full-time National Guard duty per16 formed by a member of the National Guard pursuant

17 to an order to full-time National Guard duty, for a

18 period of 180 consecutive days or more for the pur19 pose of organizing, administering, recruiting, in20 structing, or training the reserve components.

21 ‘‘(B) Such term does not include the following:

22 ‘‘(i) Duty performed as a member of the Re23 serve Forces Policy Board under section 10301 of

24 title 10.
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1 ‘‘(ii) Duty performed as a property and fis2 cal officer under section 708 of this title.

3 ‘‘(iii) Duty performed for the purpose of

4 interdiction and counter-drug activities for

5 which funds have been provided under section

6 112 of this title.

7 ‘‘(iv) Duty performed as a general or flag

8 officer.

9 ‘‘(v) Service as a State director of the Selec10 tive Service System under section 10(b)(2) of the

11 Military Selective Service Act (50 U.S.C. App.

12 460(b)(2)).’’.

13 (2) ORDER TO PERFORM DUTY.—Chapter 3 of

14 such title is amended by adding at the end the fol15 lowing new section:

16 ‘‘§ 328. National Guard active Guard and Reserve

17 duty; additional duties

18 ‘‘(a) AUTHORITY TO ORDER TO DUTY.—The Governor

19 of his State or Territory or Puerto Rico, or commanding

20 general of the District of Columbia National Guard, as the

21 case may be, with the consent of the Secretary concerned,

22 may order a member of the National Guard to perform Na23 tional Guard active Guard and Reserve duty.
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1 ‘‘(b) NATURE OF DUTY.—(1) A member of the National

2 Guard may be ordered to perform duty under subsection

3 (a)—

4 ‘‘(A) without his consent, but with the pay and

5 allowances provided by law; or

6 ‘‘(B) with his consent, either with or without

7 pay and allowances.

8 ‘‘(2) Duty without pay shall be considered for all pur9 poses as if it were duty with pay.

10 ‘‘(c) DUTIES.—A member of the National Guard per11 forming duty under subsection (a) may perform the fol12 lowing additional duties (to the extent such duties do not

13 interfere with the performance by the member of National

14 Guard active Guard and Reserve duty under that sub15 section) as follows:

16 ‘‘(1) Support of operations or missions under17 taken by the member’s unit at the request of the Presi18 dent or the Secretary of Defense.

19 ‘‘(2) Support of Federal training operations or

20 Federal training missions assigned in whole or in

21 part to the member’s unit.

22 ‘‘(3) Instructing or training members of the

23 Armed Forces on active duty, members of foreign

24 military forces (under authorities and limitations ap25 plicable to the provision of such instruction or train-
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1 ing by members of the Armed Forces on active duty),

2 Department of Defense contractor personnel, and De3 partment of Defense civilian employees.’’.

4 (3) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended by

6 adding at the end the following new item:

‘‘328. National Guard active Guard and Reserve duty; additional duties.’’.

7 (e) EXPANSION OF DUTIES OF NATIONAL GUARD

8 TECHNICIANS.—Section 709(a) of such title is amended—

9 (1) in paragraph (1)—

10 (A) by striking ‘‘administration and’’ and

11 inserting ‘‘organizing, administering, instruct12 ing, or’’; and

13 (B) by striking ‘‘and’’ at the end;

14 (2) in paragraph (2), by striking the period at

15 the end and inserting ‘‘; and’’; and

16 (3) by adding at the end the following new para17 graph:

18 ‘‘(3) the performance of additional duties (to the

19 extent such duties do not interfere with the perform20 ance by the technician of duties under paragraphs (1)

21 and (2)) as follows:

22 ‘‘(A) Support of operations or missions un23 dertaken by the technician’s unit at the request

24 of the President or the Secretary of Defense.
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1 ‘‘(B) Support of Federal training oper2 ations or Federal training missions assigned in

3 whole or in part to the technician’s unit.

4 ‘‘(C) Instructing or training members of the

5 Armed Forces on active duty, members of foreign

6 military forces (under authorities and limita7 tions applicable to the provision of such instruc8 tion or training by members of the Armed Forces

9 on active duty), Department of Defense con10 tractor personnel, and Department of Defense ci11 vilian employees.’’.

12 SEC. 532. EXPANSION OF ACTIVITIES AUTHORIZED FOR RE13 SERVES UNDER WEAPONS OF MASS DESTRUC14 TION CIVIL SUPPORT TEAMS.

15 (a) IN GENERAL.—Subsection (d) of section 12310 of

16 title 10, United States Code, as redesignated and amended

17 by section 531(b) of this Act, is further amended—

18 (1) in paragraph (1)—

19 (A) in subparagraph (A)—

20 (i) by inserting ‘‘in the United States,

21 Canada, or the United Mexican States’’

22 after ‘‘title)’’; and

23 (ii) by striking ‘‘or’’ at the end;

24 (B) in subparagraph (B)—
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1 (i) by inserting ‘‘, Canada, or the

2 United Mexican States’’ after ‘‘United

3 States’’; and

4 (ii) by striking the period at the end

5 and inserting a semicolon; and

6 (C) by adding at the end the following new

7 subparagraphs:

8 ‘‘(C) the intentional or unintentional release of

9 nuclear, biological, radiological, or toxic or poisonous

10 chemical materials in the United States, Canada, or

11 the United Mexican States that results, or could re12 sult, in catastrophic loss of life or property; or

13 ‘‘(D) a natural or manmade disaster in the

14 United States, Canada, or the United Mexican States

15 that results, or could result, in catastrophic loss of life

16 or property.’’; and

17 (2) by striking paragraph (3) and inserting the

18 following new paragraph (3):

19 ‘‘(3)(A) A Reserve may perform duties described in

20 subparagraph (A), (B), or (C) of paragraph (1)—

21 ‘‘(i) only while assigned to a reserve component

22 civil support team; and

23 ‘‘(ii) if performing those duties in Canada or the

24 United Mexican States, only after being ordered to

25 active duty under this title.
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1 ‘‘(B) A Reserve may perform the duties described in

2 paragraph (1)(D)—

3 ‘‘(i) only while assigned to a reserve component

4 civil support team;

5 ‘‘(ii) only with the approval of the Secretary of

6 Defense; and

7 ‘‘(iii) if performing those duties in Canada or

8 the United Mexican States, only after being ordered

9 to active duty under this title.

10 ‘‘(C) Any duties described in paragraph (1) that are

11 performed in Canada or the United Mexican States may

12 occur, with consultation of the Secretary of State, at any

13 distance beyond the borders of the United States with such

14 country as is agreed to by appropriate authorities in such

15 country.’’.

16 (b) DEFINITION OF ‘‘UNITED STATES’’.—Such sub17 section is further amended by adding at the end the fol18 lowing new paragraph:

19 ‘‘(7) In this subsection, the term ‘United States’ means

20 each of the several States, the District of Columbia, Puerto

21 Rico, Guam, and the Virgin Islands.’’.

22 (c) CONFORMING AMENDMENTS.—Such subsection is

23 further amended—
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1 (1) in the heading, by inserting ‘‘, TERRORIST

2 ATTACK, AND NATURAL OR MANMADE DISASTER’’

3 after ‘‘MASS DESTRUCTION’’;

4 (2) in paragraph (5), by striking ‘‘rapid assess5 ment element team’’ and inserting ‘‘civil support

6 team’’; and

7 (3) in paragraph (6)(B), by striking ‘‘paragraph

8 (3)(B)’’ and inserting ‘‘that paragraph’’.

9 SEC. 533. MODIFICATION OF AUTHORITIES RELATING TO

10 THE COMMISSION ON THE NATIONAL GUARD

11 AND RESERVES.

12 (a) ANNUITIES AND PA Y OF MEMBERS ON FEDERAL

13 REEMPLOYMENT.—Subsection (e) of section 513 of the Ron14 ald W. Reagan National Defense Authorization Act for Fis15 cal Year 2005 (Public Law 108–375; 118 Stat. 1882), as

16 amended by section 516 of the National Defense Authoriza17 tion Act for Fiscal Year 2006 (Public Law 109–163; 119

18 Stat. 3237), is further amended by adding at the end the

19 following new paragraph:

20 ‘‘(3) If warranted by circumstances described in sub21 paragraph (A) or (B) of section 8344(i)(1) of title 5, United

22 States Code, or by circumstances described in subparagraph

23 (A) or (B) of section 8468(f)(1) of such title, as applicable,

24 the chairman of the Commission may exercise, with respect

25 to the members of the Commission, the same waiver author-
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1 ity as would be available to the Director of the Office of

2 Personnel Management under such section.’’.

3 (b) FINAL REPORT.—Subsection (f)(2) of such section

4 513 is amended by striking ‘‘one year’’ and inserting ‘‘18

5 months’’.

6 (c) EFFECTIVE DATE.—The amendments made by this

7 section shall be effective on October 28, 2004, as if included

8 in the enactment of the Ronald W. Reagan National Defense

9 Authorization Act for Fiscal Year 2005. The amendment

10 made by subsection (a) shall apply to members of the Com11 mission on the National Guard and Reserves appointed on

12 or after that date.

13 SEC. 534. PILOT PROGRAM ON REINTEGRATION OF MEM14 BERS OF THE NATIONAL GUARD INTO CIVIL15 IAN LIFE AFTER DEPLOYMENT.

16 (a) PILOT PROGRAM REQUIRED.—The Secretary of the

17 Army shall carry out a pilot program to assess the feasi18 bility and advisability of utilizing the mechanisms specified

19 in this section to facilitate the reintegration of members of

20 the National Guard into civilian life after their return from

21 deployment overseas.

22 (b) LIMITATION ON LOCATION.—The pilot program re23 quired by subsection (a) may only be carried out in a State

24 that has a National Guard brigade that is returning from

25 deployment overseas during the period of the pilot program.
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1 (c) PROGRAM ELEMENTS.—The mechanisms under the

2 pilot program required by subsection (a) shall include the

3 following:

4 (1) INITIAL REINTEGRATION TRAINING.—Train5 ing (to be known as ‘‘initial reintegration training’’)

6 of members of the National Guard described in sub7 section (a) to facilitate the reintegration of such mem8 bers with their families and communities after their

9 return from deployment as described in that sub10 section. Such training shall be conducted immediately

11 after the return of such members from such deploy12 ment. Participation in such training shall be vol13 untary.

14 (2) 30-DAY REINTEGRATION TRAINING.—Train15 ing (to be known as ‘‘30-day reintegration training’’)

16 of members of the National Guard described in sub17 section (a) to assist such members in identifying the

18 signs and symptoms of combat stress. Such training

19 shall be conducted approximately 30 days after provi20 sion of training under paragraph (1). Participation

21 in such training shall be voluntary.

22 (3) 60-DAY REINTEGRATION TRAINING.—Train23 ing (to be known as ‘‘60-day reintegration training’’)

24 of members of the National Guard described in sub25 section (a) to assist such members in matters relating
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1 to combat stress, including chemical dependency,

2 anger management, and gambling abuse. Such train3 ing shall be conducted approximately 30 days after

4 provision of training under paragraph (2). Participa5 tion in such training shall be voluntary.

6 (4) 90-DAY REINTEGRATION TRAINING.—Train7 ing (to be known as ‘‘90-day reintegration training’’)

8 of members of the National Guard described in sub9 section (a) to ensure a thorough physical and mental

10 health assessment of such members after deployment

11 as described in that subsection. Such training shall be

12 conducted approximately 30 days after provision of

13 training under paragraph (3). Participation in such

14 training shall be voluntary.

15 (5) EDUCATIONAL MATERIALS.—The development

16 and distribution of educational materials for families

17 of members of the National Guard described in sub18 section (a), and for the communities in which such

19 members and families reside, on matters relating to

20 the reintegration of such members into civilian life

21 after their return from deployment overseas.

22 (d) REPORT.—Not later than one year after the com23 mencement of the pilot program required by subsection (a),

24 the Secretary shall submit to the congressional defense com-
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1 mittees a report on the pilot program. The report shall

2 include—

3 (1) a description of the activities undertaken

4 under the pilot program;

5 (2) an assessment of the effectiveness of such

6 mechanisms in facilitating the reintegration of mem7 bers of the National Guard into civilian life after

8 their return from deployment overseas; and

9 (3) such recommendations for legislative or ad10 ministrative action as the Secretary considers appro11 priate in light of the pilot program.

12 (e) FUNDING.—Of the amount authorized to be appro13 priated by section 301(10) for operation and maintenance

14 for the Army National Guard, $6,663,000 may be available

15 for the pilot program required by subsection (a).

16 Subtitle C—Military Justice and

17 Related Matters

18 SEC. 551. APPLICABILITY OF UNIFORM CODE OF MILITARY

19 JUSTICE TO MEMBERS OF THE ARMED

20 FORCES ORDERED TO ACTIVE DUTY OVER21 SEAS IN INACTIVE DUTY FOR TRAINING STA22 TUS.

23 Not later than March 1, 2007, the Secretaries of the

24 military departments shall prescribe regulations, or amend

25 current regulations, in order to provide that officers and
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1 enlisted personnel of the Armed Forces who are ordered to

2 active duty at locations overseas in an inactive duty for

3 training status are subject to the jurisdiction of the Uniform

4 Code of Military Justice, pursuant to the provisions of sec5 tion 802(a)(3) of title 10, United States Code (article

6 2(a)(3) of the Uniform Code of Military Justice), continu7 ously from the commencement of execution of such orders

8 to the conclusion of such orders.

9 SEC. 552. CLARIFICATION OF APPLICATION OF UNIFORM

10 CODE OF MILITARY JUSTICE DURING A TIME

11 OF WAR.

12 Paragraph (10) of section 802(a) of title 10, United

13 States Code (article 2(a) of the Uniform Code of Military

14 Justice), is amended by striking ‘‘war’’ and inserting ‘‘de15 clared war or a contingency operation’’.

16 Subtitle D—Education and

17 Training Matters

18 SEC. 561. DETAIL OF COMMISSIONED OFFICERS AS STU19 DENTS AT MEDICAL SCHOOLS.

20 (a) IN GENERAL.—Chapter 101 of title 10, United

21 States Code, is amended by inserting after section 2004 the

22 following new section:
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1 ‘‘§ 2004a. Detail of commissioned officers as students

2 at medical schools

3 ‘‘(a) DETAIL AUTHORIZED.—The Secretary of each

4 military department may detail commissioned officers of

5 the Armed Forces as students at accredited medical schools

6 or schools of osteopathy located in the United States for a

7 period of training leading to the degree of doctor of medi8 cine. No more than 25 officers from each military depart9 ment may commence such training in any single fiscal

10 year.

11 ‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for de12 tail under subsection (a), an officer must be a citizen of

13 the United States and must—

14 ‘‘(1) have served on active duty for a period of

15 not less than two years nor more than six years and

16 be in the pay grade 0–3 or below as of the time the

17 training is to begin; and

18 ‘‘(2) sign an agreement that unless sooner sepa19 rated the officer will—

20 ‘‘(A) complete the educational course of

21 medical training;

22 ‘‘(B) accept transfer or detail as a medical

23 officer within the military department concerned

24 when the officer’s training is completed; and

25 ‘‘(C) agree to serve on active duty following

26 completion of training for a period of two years
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1 for each year or part thereof of the officer’s med2 ical training under subsection (a).

3 ‘‘(c) SELECTION OF OFFICERS FOR DETAIL.—Officers

4 detailed for medical training under subsection (a) shall be

5 selected on a competitive basis by the Secretary of the mili6 tary department concerned.

7 ‘‘(d) RELATION OF SERVICE OBLIGATIONS TO OTHER

8 SERVICE OBLIGATIONS.—Any service obligation incurred

9 by an officer under an agreement entered into under sub10 section (b) shall be in addition to any service obligation

11 incurred by the officer under any other provision of law

12 or agreement.

13 ‘‘(e) EXPENSES.—Expenses incident to the detail of of14 ficers under this section shall be paid from any funds ap15 propriated for the military department concerned.

16 ‘‘(f) FAILURE TO COMPLETE PROGRAM.—(1) An offi17 cer who is dropped from a program of medical training

18 to which detailed under subsection (a) for deficiency in con19 duct or studies, or for other reasons, may be required to

20 perform active duty in an appropriate military capacity

21 in accordance with the active duty obligation imposed on

22 the officer under regulations issued by the Secretary of De23 fense for purposes of this section.

24 ‘‘(2) In no case shall an officer be required to serve

25 on active duty under this subsection for any period in excess
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1 of one year for each year or part thereof the officer partici2 pated in the program.

3 ‘‘(g) LIMITATION ON DETAILS.—(1) No agreement de4 tailing an officer of the Armed Forces to an accredited med5 ical school or school of osteopathy may be entered into dur6 ing any period in which the President is authorized by law

7 to induct persons into the Armed Forces involuntarily.

8 ‘‘(2) Nothing in this subsection shall affect any agree9 ment entered into during any period when the President

10 is not authorized by law to so induct persons into the

11 Armed Forces.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections at

13 the beginning of chapter 101 of such title is amended by

14 inserting after the item relating to section 2004 the fol15 lowing new item:

‘‘2004a. Detail of commissioned officers as students at medical schools.’’.

16 SEC. 562. EXPANSION OF ELIGIBILITY TO PROVIDE JUNIOR

17 RESERVE OFFICERS’ TRAINING CORPS IN18 STRUCTION.

19 (a) ELIGIBILITY OF RETIRED MEMBERS OF NATIONAL

20 GUARD AND RESERVES.—Section 2031 of title 10, United

21 States Code, is amended by adding at the end the following

22 new subsection:

23 ‘‘(e) Instead of, or in addition to, the detailing of ac24 tive duty officers and noncommissioned officers under sub25 section (c)(1), and the employment of retired officers, non-
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1 commissioned officers, and members of the Fleet Reserve

2 and Fleet Marine Corps Reserve under subsection (d), the

3 Secretary of the military department concerned may au4 thorize qualified institutions to employ as administrators

5 and instructors in the program retired officers and non6 commissioned officers who qualify for retired pay for non7 regular service under section 12731 of this title (other than

8 those who qualify for age under subsection (a)(1) of such

9 section) whose qualifications are approved by the Secretary

10 and the institution concerned and who request such employ11 ment, subject to the following:

12 ‘‘(1) The Secretary shall pay to the institution

13 an amount equal to one-half of the amount paid to

14 the member by the institution for any period up to

15 a maximum of one-half of the difference between the

16 retired or retainer pay for an active duty officer or

17 noncommissioned offer of the same grade and years of

18 service for such period and the active duty pay and

19 allowances which the member would have received for

20 such period if on active duty. Amounts may be paid

21 with respect to members under this subsection after

22 such members reach the age of 60. Payments by the

23 Secretary under this paragraph shall be made from

24 funds appropriated for that purpose.
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1 ‘‘(2) Notwithstanding any other provision of law,

2 such a member is not, while so employed, considered

3 to be on active duty or inactive duty training for any

4 purpose.’’.

5 (b) CLARIFICATION OF STATUS OF RETIRED MEMBERS

6 CURRENTLY PROVIDING INSTRUCTION.—Subsection (d) of

7 such section is amended in the matter preceding paragraph

8 (1) by striking ‘‘and noncommissioned officers, and mem9 bers of the Fleet Reserve and Fleet Marine Corps Reserve’’

10 and inserting ‘‘, noncommissioned officers, and members of

11 the Fleet Reserve and Fleet Marine Corps Reserve who are

12 drawing retired or retained pay’’.

13 SEC. 563. INCREASE IN MAXIMUM AMOUNT OF REPAYMENT

14 UNDER EDUCATION LOAN REPAYMENT FOR

15 OFFICERS IN SPECIFIED HEALTH PROFES16 SIONS.

17 (a) INCREASE IN MAXIMUM AMOUNT.—Section

18 2173(e)(2) of title 10, United States Code, is amended by

19 striking ‘‘$22,000’’ and inserting ‘‘$60,000’’.

20 (b) EFFECTIVE DATE.—

21 (1) IN GENERAL.—The amendment made by sub22 section (a) shall take effect on October 1, 2006, and

23 shall apply with respect agreements entered into

24 under section 2173 of title 10, United States Code, on

25 or after that date.
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1 (2) PROHIBITION ON ADJUSTMENT.—The adjust2 ment required by the second sentence of section

3 2173(e)(2) of title 10, United States Code, to be made

4 on October 1, 2006, shall not be made.

5 SEC. 564. INCREASE IN BENEFITS UNDER HEALTH PROFES6 SIONS SCHOLARSHIP AND FINANCIAL ASSIST7 ANCE PROGRAM.

8 (a) STIPEND.—Section 2121(d) of title 10, United

9 States Code, is amended—

10 (1) by striking ‘‘the rate of $579 per month’’ and

11 inserting ‘‘in an amount not to exceed $30,000 per

12 year’’; and

13 (2) by striking ‘‘That rate’’ and inserting ‘‘The

14 maximum amount of the stipend’’.

15 (b) ANNUAL GRANT.—Section 2127(e) of such title is

16 amended—

17 (1) by striking ‘‘$15,000’’ and inserting ‘‘in an

18 amount not to exceed $45,000’’; and

19 (2) by striking ‘‘The amount’’ and inserting

20 ‘‘The maximum amount’’.

21 (c) EFFECTIVE DATE.—The amendments made by this

22 section shall take effect on October 1, 2006.

23 (d) PROHIBITION ON ADJUSTMENTS IN 2007.—No ad24 justment under subsection (d) of section 2122 of title 10,

25 United States Code, in the maximum amount of the stipend
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1 payable under such section 2122, and no adjustment under

2 subsection (e) of section 2127 of such title in the maximum

3 amount of the annual grant payable under such section

4 2127, shall be made in 2007.

5 SEC. 565. REPORT ON HEALTH PROFESSIONS SCHOLARSHIP

6 AND FINANCIAL ASSISTANCE PROGRAM.

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

8 2007, the Secretary of Defense shall submit to the congres9 sional defense committees a report on the health professions

10 scholarship and financial assistance program for active

11 service under subchapter I of chapter 105 of title 10, United

12 States Code.

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

14 shall include the following:

15 (1) An assessment of the success of each military

16 department in achieving its recruiting goals under

17 the health professions scholarship and financial as18 sistance program for active service during each of fis19 cal years 2000 through 2006.

20 (2) If any military department failed to achieve

21 its recruiting goals under the program during any

22 fiscal year covered by paragraph (1), an explanation

23 of the failure of the military department to achieve

24 such goal during such fiscal year.
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1 (3) An assessment of the adequacy of the stipend

2 authorized by section 2121(d) of title 10, United

3 States Code, in meeting the objectives of the program.

4 (4) Such recommendations for legislative or ad5 ministrative action as the Secretary considers appro6 priate to enhance the effectiveness of the program in

7 meeting the annual recruiting goals of the military

8 departments for medical personnel covered by the pro9 gram.

10 SEC. 566. EXPANSION OF INSTRUCTION AVAILABLE AT THE

11 NAVAL POSTGRADUATE SCHOOL FOR EN12 LISTED MEMBERS OF THE ARMED FORCES.

13 (a) CERTIFICATE PROGRAMS AND COURSES.—Sub14 paragraph (C) of subsection (a)(2) of section 7045 of title

15 10, United States Code, is amended by striking ‘‘Navy or

16 Marine Corps’’ and inserting ‘‘armed forces’’.

17 (b) GRADUATE LEVEL INSTRUCTION.—Such subsection

18 is further amended—

19 (1) by redesignating subparagraph (D) as sub20 paragraph (E);

21 (2) by inserting after subparagraph (C) the fol22 lowing new subparagraph (D):

23 ‘‘(D)(i) The Secretary may, pursuant to regulations

24 prescribed by the Secretary, permit an eligible enlisted

25 member of the armed forces to receive graduate level instruc-
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1 tion at the Naval Postgraduate School in a program leading

2 to a master’s degree in a technical, analytical, or engineer3 ing curricula.

4 ‘‘(ii) To be eligible for instruction under this subpara5 graph, an enlisted member shall hold a baccalaureate degree

6 granted by an institution of higher education.

7 ‘‘(iii) Instruction shall be provided under this sub8 paragraph on a space-available basis.

9 ‘‘(iv) An enlisted member who successfully completes

10 a course of instruction under this subparagraph may be

11 awarded a master’s degree under section 7048 of this title.

12 ‘‘(v) The regulations prescribed under clause (i) may

13 include criteria for eligibility of enlisted members for in14 struction under this subparagraph and obligations for fur15 ther service in the armed forces by enlisted members relating

16 to receipt of such instruction.’’; and

17 (3) in subparagraph (E), as so redesignated, by

18 striking ‘‘and (C)’’ and inserting ‘‘(C), and (D)’’.

19 (c) CONFORMING AMENDMENT.—Subsection (b)(2) of

20 such section is amended by striking ‘‘(a)(2)(D)’’ and insert21 ing ‘‘(a)(2)(E)’’.

22 (d) REPEAL OF CERTAIN REQUIREMENTS ON INSTRUC23 TION.—Section 526 of the National Defense Authorization

24 Act for Fiscal Year 2006 (Public Law 109–163) is amended

25 by striking subsections (c) and (d).
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1 SEC. 567. MODIFICATION OF ACTIONS TO ADDRESS SEXUAL

2 HARASSMENT AND SEXUAL VIOLENCE AT THE

3 SERVICE ACADEMIES.

4 (a) CLARIFICATION OF SCOPE OF ACTIONS.—Section

5 527 of the National Defense Authorization Act for Fiscal

6 Year 2004 (Public Law 108–136; 117 Stat. 1468; 10 U.S.C.

7 4331 note) is amended—

8 (1) in subsection (a)—

9 (A) in the subsection caption, by inserting

10 ‘‘SEXUAL’’ before ‘‘VIOLENCE’’; and

11 (B) in paragraph (1)—

12 (i) in subparagraph (A), by striking

13 ‘‘personnel of’’ and inserting ‘‘cadets at’’;

14 (ii) in subparagraph (B), by striking

15 ‘‘personnel of’’ and inserting ‘‘midshipmen

16 at’’; and

17 (iii) in subparagraph (C), by striking

18 ‘‘personnel of’’ and inserting ‘‘cadets at’’;

19 (2) by inserting ‘‘sexual’’ before ‘‘violence’’ each

20 place it appears; and

21 (3) by striking ‘‘academy personnel’’ each place

22 it appears and inserting ‘‘cadets or midshipmen’’.

23 (b) ASSESSMENTS OF ACADEMY POLICIES.—

24 (1) ADMINISTRATION OF ASSESSMENTS.—Sub25 section (b) of such section is further amended—

26 (A) in paragraph (1)—
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1 (i) by striking ‘‘to conduct’’ and insert2 ing ‘‘to provide’’; and

3 (ii) by inserting ‘‘(to be administered

4 by the Department of Defense)’’ after ‘‘an

5 assessment’’; and

6 (B) in paragraph (2), by striking ‘‘shall

7 conduct’’ and inserting ‘‘shall provide for the

8 conduct of’’.

9 (2) SCHEDULE FOR ASSESSMENTS.—Such sub10 section is further amended—

11 (A) in the subsection caption, by striking

12 ‘‘ANNUAL ASSESSMENT’’ and inserting ‘‘ASSESS13 MENTS REQUIRED’’;

14 (B) in paragraph (1), by inserting ‘‘speci15 fied in paragraph (2)’’ after ‘‘each program

16 year’’; and

17 (C) in paragraph (2), by striking ‘‘2007,

18 and 2008’’ and inserting ‘‘2008, and 2010’’.

19 (c) REPORTS ON ACTIVITIES ON CAMPUS.—Subsection

20 (c) of such section is further amended—

21 (1) in the subsection caption, by striking ‘‘AN22 NUAL REPORT’’ and inserting ‘‘REPORTS’’;

23 (2) in paragraph (1), by striking ‘‘2007, and

24 2008’’ and inserting ‘‘2008, and 2010’’;

25 (3) in paragraph (2)—
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1 (A) in the matter preceding subparagraph

2 (A), by striking ‘‘The annual report’’ and insert3 ing ‘‘The report’’; and

4 (B) in subparagraph (D), by striking ‘‘each

5 of the subsequent academy program years’’ and

6 inserting ‘‘each other academy program year

7 covered by this subsection’’; and

8 (4) in paragraphs (3) and (4), by striking ‘‘the

9 annual’’ and inserting ‘‘each’’.

10 (d) CONFORMING AMENDMENT.—The heading of such

11 section is amended to read as follows:

12 ‘‘SEC. 527. ACTIONS TO ADDRESS SEXUAL HARASSMENT

13 AND SEXUAL VIOLENCE AT THE SERVICE

14 ACADEMIES.’’.

15 SEC. 568. DEPARTMENT OF DEFENSE POLICY ON SERVICE

16 ACADEMY AND ROTC GRADUATES SEEKING

17 TO PARTICIPATE IN PROFESSIONAL SPORTS

18 BEFORE COMPLETION OF THEIR ACTIVE19 DUTY SERVICE OBLIGATIONS.

20 (a) POLICY REQUIRED.—

21 (1) IN GENERAL.—Not later than July 1, 2007,

22 the Secretary of Defense shall prescribe the policy of

23 the Department of Defense on—

24 (A) whether to authorize graduates of the

25 service academies and the Reserve Officers’
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1 Training Corps to participate in professional

2 sports before the completion of their obligations

3 for service on active duty as commissioned offi4 cers; and

5 (B) if so, the obligations for service on ac6 tive duty as commissioned officers of such grad7 uates who participate in professional sports be8 fore the satisfaction of the obligations referred to

9 in subparagraph (A).

10 (2) REVIEW OF CURRENT POLICIES.—In pre11 scribing the policy, the Secretary shall review current

12 policies, practices, and regulations of the military de13 partments on the obligations for service on active

14 duty as commissioned officers of graduates of the serv15 ice academies and the Reserve Officers’ Training

16 Corps, including policies on authorized leaves of ab17 sence and policies under excess leave programs.

18 (3) CONSIDERATIONS.—In prescribing the policy,

19 the Secretary shall take into account the following:

20 (A) The compatibility of participation in

21 professional sports (including training for pro22 fessional sports) with service on active duty in

23 the Armed Forces or as a member of a reserve

24 component of the Armed Forces.
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1 (B) The benefits for the Armed Forces of

2 waiving obligations for service on active duty for

3 cadets, midshipmen, and commissioned officers

4 in order to permit such individuals to partici5 pate in professional sports.

6 (C) The manner in which the military de7 partments have resolved issues relating to the

8 participation of personnel in professional sports,

9 including the extent of and any reasons for, dif10 ferences in the resolution of such issues by such

11 departments.

12 (D) The recoupment of the costs of edu13 cation provided by the service academies or

14 under the Reserve Officers’ Training Corps pro15 gram if graduates of the service academies or the

16 Reserve Officers’ Training Corps, as the case

17 may be, do not complete the period of obligated

18 service to which they have agreed by reason of

19 participation in professional sports.

20 (E) Any other matters that the Secretary

21 considers appropriate.

22 (b) ELEMENTS OF POLICY.—The policy prescribed

23 under subsection (a) shall address the following matters:

24 (1) The eligibility of graduates of the service

25 academies and the Reserve Officers’ Training Corps
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1 for a reduction in the obligated length of service on

2 active duty as a commissioned officer otherwise re3 quired of such graduates on the basis of their partici4 pation in professional sports.

5 (2) Criteria for the treatment of an individual

6 as a participant or potential participant in profes7 sional sports.

8 (3) The effect on obligations for service on active

9 duty as a commissioned officer of any unsatisfied ob10 ligations under prior enlistment contracts or other

11 forms of advanced education assistance.

12 (4) Any authorized variations in the policy that

13 are warranted by the distinctive requirements of a

14 particular Armed Force.

15 (5) The eligibility of individuals for medical dis16 charge or disability benefits as a result of injuries in17 curred while participating in professional sports.

18 (6) A prospective effective date for the policy and

19 for the application of the policy to individuals serving

20 on such effective date as a commissioned officer, cadet,

21 or midshipman.

22 (c) APPLICATION OF POLICY TO ARMED FORCES.—Not

23 later than December 1, 2007, the Secretary of each military

24 department shall prescribe regulations, or modify current

25 regulations, in order to implement the policy prescribed by
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1 the Secretary of Defense under subsection (a) with respect

2 to the Armed Forces under the jurisdiction of such Sec3 retary.

4 SEC. 569. REVIEW OF LEGAL STATUS OF JUNIOR ROTC PRO5 GRAM.

6 (a) REVIEW.—The Secretary of Defense shall conduct

7 a review of the 1976 legal opinion issued by the General

8 Counsel of the Department of Defense regarding instruction

9 of non-host unit students participating in Junior Reserve

10 Officers’ Training Corps programs. The review shall con11 sider whether changes to law after the issuance of that opin12 ion allow in certain circumstances for the arrangement for

13 assignment of instructors that provides for the travel of an

14 instructor from one educational institution to another once

15 during the regular school day for the purposes of the Junior

16 Reserve Officers’ Training Corps program as an authorized

17 arrangement that enhances administrative efficiency in the

18 management of the program. If the Secretary, as a result

19 of the review, determines that such authority is not avail20 able, the Secretary should also consider whether such au21 thority should be available and whether there should be au22 thority to waive the restrictions under certain cir23 cumstances.

24 (b) REPORT.—The Secretary shall submit to the Com25 mittee on Armed Services of the Senate and the Committee
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1 on Armed Services of the House of Representatives a report

2 containing the results of the review not later than 180 days

3 after the date of the enactment of this Act.

4 (c) INTERIM AUTHORITY.—A current institution that

5 has more than 70 students and is providing support to an6 other educational institutional with more than 70 students

7 and has been providing for the assignment of instructors

8 from one school to the other may continue to provide such

9 support until 180 days following receipt of the report under

10 subsection (b).

11 SEC. 570. JUNIOR RESERVE OFFICERS’ TRAINING CORPS IN12 STRUCTOR QUALIFICATIONS.

13 (a) IN GENERAL.—Chapter 102 of title 10, United

14 States Code, is amended by adding at the end the following

15 new section:

16 ‘‘§ 2033. Instructor qualifications

17 ‘‘(a) IN GENERAL.—In order for a retired officer or

18 noncommissioned officer to be employed as an instructor

19 in the program, the officer must be certified by the Sec20 retary of the military department concerned as a qualified

21 instructor in leadership, wellness and fitness, civics, and

22 other courses related to the content of the program, accord23 ing to the qualifications set forth in subsection (b)(2) or

24 (c)(2), as appropriate.

25 ‘‘(b) SENIOR MILITARY INSTRUCTORS.—
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1 ‘‘(1) ROLE.—Senior military instructors shall be

2 retired officers of the armed forces and shall serve as

3 instructional leaders who oversee the program.

4 ‘‘(2) QUALIFICATIONS.—A senior military in5 structor shall have the following qualifications:

6 ‘‘(A) Professional military qualification, as

7 determined by the Secretary of the military de8 partment concerned.

9 ‘‘(B) Award of a baccalaureate degree from

10 an institution of higher learning.

11 ‘‘(C) Completion of secondary education

12 teaching certification requirements for the pro13 gram as established by the Secretary of the mili14 tary department concerned.

15 ‘‘(D) Award of an advanced certification by

16 the Secretary of the military department con17 cerned in core content areas based on—

18 ‘‘(i) accumulated points for profes19 sional activities, services to the profession,

20 awards, and recognitions;

21 ‘‘(ii) professional development to meet

22 content knowledge and instructional skills;

23 and
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1 ‘‘(iii) performance evaluation of com2 petencies and standards within the program

3 through site visits and inspections.

4 ‘‘(c) NON-SENIOR MILITARY INSTRUCTORS.—

5 ‘‘(1) ROLE.—Non-senior military instructors

6 shall be retired noncommissioned officers of the armed

7 forces and shall serve as instructional leaders and

8 teach independently of, but share program respon9 sibilities with, senior military instructors.

10 ‘‘(2) QUALIFICATIONS.—A non-senior military

11 instructor shall demonstrate a depth of experience,

12 proficiency, and expertise in coaching, mentoring,

13 and practical arts in executing the program, and

14 shall have the following qualifications:

15 ‘‘(A) Professional military qualification, as

16 determined by the Secretary of the military de17 partment concerned.

18 ‘‘(B) Award of an associates degree from an

19 institution of higher learning within 5 years of

20 employment.

21 ‘‘(C) Completion of secondary education

22 teaching certification requirements for the pro23 gram as established by the Secretary of the mili24 tary department concerned.
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1 ‘‘(D) Award of an advanced certification by

2 the Secretary of the military department con3 cerned in core content areas based on—

4 ‘‘(i) accumulated points for profes5 sional activities, services to the profession,

6 awards, and recognitions;

7 ‘‘(ii) professional development to meet

8 content knowledge and instructional skills;

9 and

10 ‘‘(iii) performance evaluation of com11 petencies and standards within the program

12 through site visits and inspections.’’.

13 (b) CLERICAL AMENDMENT.—The table of sections at

14 the beginning of such chapter is amended by adding at the

15 end the following new item:

‘‘2033. Instructor qualifications.’’.

16 SEC. 570A. MODIFICATION OF TIME LIMIT FOR USE OF EN17 TITLEMENT TO EDUCATIONAL ASSISTANCE

18 FOR RESERVE COMPONENT MEMBERS SUP19 PORTING CONTINGENCY OPERATIONS AND

20 OTHER OPERATIONS.

21 (a) MODIFICATION.—Section 16164(a) of title 10,

22 United States Code, is amended by striking ‘‘this chapter

23 while serving—’’ and all that follows and inserting ‘‘this

24 chapter—

25 ‘‘(1) while the member is serving—
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1 ‘‘(A) in the Selected Reserve of the Ready

2 Reserve, in the case of a member called or or3 dered to active service while serving in the Se4 lected Reserve; or

5 ‘‘(B) in the Ready Reserve, in the case of a

6 member ordered to active duty while serving in

7 the Ready Reserve (other than the Selected Re8 serve); and

9 ‘‘(2) in the case of a person who separates from

10 the Selected Reserve of the Ready Reserve after com11 pletion of a period of active service described in sec12 tion 16163 of this title and completion of a service

13 contract under other than dishonorable conditions,

14 during the 10-year period beginning on the date on

15 which the person separates from the Selected Re16 serve.’’.

17 (b) CONFORMING AMENDMENT.—Paragraph (2) of sec18 tion 16165(a) of such title is amended to read as follows:

19 ‘‘(2) when the member separates from the Ready

20 Reserve as provided in section 16164(a)(1) of this

21 title, or upon completion of the period provided for in

22 section 16164(a)(2) of this title, as applicable.’’.

23 (c) EFFECTIVE DATE.—The amendments made by this

24 section shall take effect on October 28, 2004, as if included

25 in the enactment of the Ronald W. Reagan National Defense
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1 Authorization Act for Fiscal Year 2005 (Public Law 108–

2 375), to which such amendments relate.

3 Subtitle E—Defense Dependents

4 Education Matters

5 SEC. 571. FUNDING FOR ASSISTANCE TO LOCAL EDU6 CATIONAL AGENCIES THAT BENEFIT DEPEND7 ENTS OF MEMBERS OF THE ARMED FORCES

8 AND DEPARTMENT OF DEFENSE CIVILIAN EM9 PLOYEES.

10 (a) FUNDING FOR FISCAL YEAR 2007.—Of the amount

11 authorized to be appropriated pursuant to section 301(5)

12 for operation and maintenance for Defense-wide

13 activities—

14 (1) $30,000,000 shall be available only for the

15 purpose of providing assistance to local educational

16 agencies under section 572(a) of the National Defense

17 Authorization Act for Fiscal Year 2006 (Public Law

18 109–163; 119 Stat. 3271; 20 U.S.C. 7703b); and

19 (2) $10,000,000 shall be available only for the

20 purpose of providing assistance to local educational

21 agencies under section 572(b) of that Act.

22 (b) TREATMENT OF FUNDING FOR NOTIFICATION PUR23 POSES.—The funding provided under subsection (a) for fis24 cal year 2007 shall be treated as funding for that fiscal year

25 for purposes of the notification of local educational agencies
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1 required by section 572(c) of the National Defense Author2 ization Act for Fiscal Year 2006 (119 Stat. 3272).

3 (c) TRANSITION OF MILITARY DEPENDENTS FROM

4 MILITARY TO CIVILIAN SCHOOLS.—

5 (1) IN GENERAL.—The Secretary of Defense shall

6 work collaboratively with the Secretary of Education

7 in any efforts to ease the transition of dependents of

8 members of the Armed Forces from attendance in De9 partment of Defense dependent schools to civilian

10 schools in systems operated by local educational agen11 cies.

12 (2) UTILIZATION OF EXISTING RESOURCES.—In

13 working with the Secretary of Education under para14 graph (1), the Secretary of Defense may utilize funds

15 authorized to be appropriated for operation and

16 maintenance for Defense-wide activities to share ex17 pertise and experience of the Department of Defense

18 Education Activity with local educational agencies as

19 dependents of members of the Armed Forces make the

20 transition from attendance at Department of Defense

21 dependent schools to attendance at civilian schools in

22 systems operated by such local educational agencies,

23 including such transitions resulting from defense base

24 closure and realignment, global rebasing, and force re25 structuring.
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1 (3) DEFINITIONS.—In this subsection:

2 (A) The term ‘‘expertise and experience’’,

3 with respect to the Department of Defense Edu4 cation Activity, means resources of such activity

5 relating to—

6 (i) academic strategies which result in

7 increased academic achievement;

8 (ii) curriculum development consulta9 tion and materials;

10 (iii) teacher training resources and

11 materials;

12 (iv) access to virtual and distance

13 learning technology capabilities and related

14 applications for teachers; and

15 (v) such other services as the Secretary

16 of Defense considers appropriate to improve

17 the academic achievement of such students.

18 (B) The term ‘‘local educational agency’’

19 has the meaning given that term in section

20 8013(9) of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 7713(9)).

22 (4) EXPIRATION.—The authority of the Secretary

23 of the Defense under this subsection shall expire on

24 September 30, 2011.
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1 SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DIS2 ABILITIES.

3 Of the amount authorized to be appropriated pursuant

4 to section 301(5) for operation and maintenance for De5 fense-wide activities, $5,000,000 shall be available for pay6 ments under section 363 of the Floyd D. Spence National

7 Defense Authorization Act for Fiscal Year 2001 (as enacted

8 into law by Public Law 106–398; 114 Stat. 1654A–77; 20

9 U.S.C. 7703a).

10 SEC. 573. PLAN TO ASSIST LOCAL EDUCATIONAL AGENCIES

11 EXPERIENCING GROWTH IN ENROLLMENT

12 DUE TO FORCE STRUCTURE CHANGES, RELO13 CATION OF MILITARY UNITS, OR BRAC.

14 (a) PLAN REQUIRED.—Not later than January 1,

15 2007, the Secretary of Defense shall submit to the congres16 sional defense committees a report setting forth a plan to

17 provide assistance to local educational agencies that experi18 ence growth in the enrollment of military dependent stu19 dents as a result of any of the following events:

20 (1) Force structure changes.

21 (2) The relocation of a military unit.

22 (3) The closure or realignment of military in23 stallations pursuant to defense base closure and re24 alignment under the base closure laws.

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

26 shall include the following:
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1 (1) An identification, current as of the date of

2 the report, of the total number of military dependent

3 students who are anticipated to be arriving at or de4 parting from military installations as a result of any

5 event described in subsection (a), including—

6 (A) an identification of the military instal7 lations affected by such arrivals and departures;

8 (B) an estimate of the number of such stu9 dents arriving at or departing from each such

10 installation; and

11 (C) the anticipated schedule of such arrivals

12 and departures.

13 (2) Such recommendations as the Office of Eco14 nomic Adjustment of the Department of Defense con15 siders appropriate for means of assisting affected

16 local educational agencies in accommodating in17 creases in enrollment of military dependent students

18 as a result of any such event.

19 (3) A plan for outreach to be conducted to af20 fected local educational agencies, commanders of mili21 tary installations, and members of the Armed Forces

22 and civilian personnel of the Department of Defense

23 regarding information on the assistance to be pro24 vided under the plan under subsection (a).
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1 (c) UPDATE.—Not later than July 1, 2007, and every

2 six months thereafter through January 1, 2011, the Sec3 retary shall submit to the congressional defense committees

4 an update of the report required by subsection (a). Each

5 update shall include an update of each matter required

6 under subsection (b) current as of the date of such update.

7 (d) DEFINITIONS.—In this section:

8 (1) The term ‘‘base closure law’’ has the meaning

9 given that term in section 101 of title 10, United

10 States Code.

11 (2) The term ‘‘local educational agency’’ has the

12 meaning given that term in section 8013(9) of the El13 ementary and Secondary Education Act of 1965 (20

14 U.S.C. 7713(9)).

15 (3) The term ‘‘military dependent students’’ re16 fers to—

17 (A) elementary and secondary school stu18 dents who are dependents of members of the

19 Armed Forces; and

20 (B) elementary and secondary school stu21 dents who are dependents of civilian employees

22 of the Department of Defense.
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1 SEC. 574. PILOT PROGRAM ON PARENT EDUCATION TO PRO2 MOTE EARLY CHILDHOOD EDUCATION FOR

3 DEPENDENT CHILDREN AFFECTED BY MILI4 TARY DEPLOYMENT OR RELOCATION OF MILI5 TARY UNITS.

6 (a) PILOT PROGRAM REQUIRED.—The Secretary of

7 Defense shall carry out a pilot program on the provision

8 of educational and support tools to the parents of preschool9 age children—

10 (1) whose parent or parents serve as members of

11 the Armed Forces on active duty (including members

12 of the Selected Reserve on active duty pursuant to a

13 call or order to active duty of 180 days or more); and

14 (2) who are affected by the deployment of their

15 parent or parents or the relocation of the military

16 unit of which their parent or parents are a member.

17 (b) PURPOSE.—The purpose of the pilot program is

18 to develop models for improving the capability of military

19 child and youth programs on or near military installations

20 to provide assistance to military parents with young chil21 dren through a program of activities focusing on the unique

22 needs of children described in subsection (a).

23 (c) DURATION OF PROGRAM.—The pilot program shall

24 commence on October 1, 2007, and shall conclude on Sep25 tember 30, 2010.
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1 (d) SCOPE OF PROGRAM.—The pilot program shall

2 utilize one or more models (demonstrated through research)

3 of universal access of parents of children described in sub4 section (a) to assistance under the pilot program in order

5 to achieve the following goals:

6 (1) The identification and mitigation of specific

7 risk factors for such children related to military life.

8 (2) The maximization of the educational readi9 ness of such children.

10 (e) LOCATIONS.—

11 (1) IN GENERAL.—The pilot program shall be

12 carried out at military installations selected by the

13 Secretary for purposes of this section from among

14 military installations whose military personnel are

15 experiencing significant transition or deployment or

16 which are undergoing transition as a result of the re17 location or activation of military units or activities

18 relating to defense base closure and realignment.

19 (2) SELECTION OF CERTAIN INSTALLATIONS.—At

20 least one of the installations selected by the Secretary

21 under paragraph (1) shall be an installation that per22 mits the meaningful evaluation of a model under sub23 section (d) that provides outreach to parents in fami24 lies with a parent who is a member of the National
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1 Guard or Reserve, which families live more than 40

2 miles from the installation so selected.

3 (f) GOALS OF PARTICIPATING INSTALLATIONS.—Ap4 propriate personnel at each military installation selected

5 for participation in the pilot program shall develop goals,

6 and specific outcome measures with respect to such goals,

7 for the conduct of the pilot program at such installation.

8 (g) EVALUATION.—

9 (1) EVALUATION REQUIRED.—Upon completion

10 of the pilot program at a military installation, the

11 personnel referred to in subsection (f) at such installa12 tion shall conduct an evaluation and assessment of

13 the success of the pilot program at such installation

14 in meeting the goals developed under that subsection.

15 (2) REPORT.—Upon completion of the evalua16 tions under paragraph (1) for all military installa17 tions participating in the pilot program, the Sec18 retary of Defense shall submit to the congressional de19 fense committees a report on such evaluations. The re20 port shall describe the results of such evaluations, and

21 may include such recommendations for legislative or

22 administrative action as the Secretary considers ap23 propriate in light of such evaluations, including rec24 ommendations for the continuation of the pilot pro25 gram.
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1 (h) GUIDELINES.—The Secretary shall issue guidelines

2 applicable to the pilot program, including guidelines on the

3 goals to be developed under subsection (f), specific outcome

4 measures, and guidelines on the selection of curriculum and

5 the conduct of developmental screening under the pilot pro6 gram.

7 (i) FUNDING.—Of the amounts authorized to be appro8 priated by section 301(1) for operation and maintenance

9 for the Army, $1,500,000 shall be available to carry out

10 the pilot program in fiscal year 2007.

11 Subtitle F—Other Matters

12 SEC. 581. ADMINISTRATION OF OATHS.

13 (a) IN GENERAL.—Section 502 of title 10, United

14 States Code, is amended by striking the flush matter at the

15 end and inserting the following new flush matter:

16 ‘‘This oath may be taken before the President, the Vice

17 President, the Secretary of Defense, any commissioned offi18 cer of any armed force, or any other person designated

19 under regulations prescribed by the Secretary of Defense.’’.

20 (b) CONFORMING AMENDMENT.—Section 1031 of such

21 title is amended by striking ‘‘Any commissioned officer’’

22 and all that follows through ‘‘on active duty,’’ and inserting

23 ‘‘The President, the Vice President, the Secretary of Defense,

24 any commissioned officer of an armed force, or any other
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1 person designated under regulations prescribed by the Sec2 retary of Defense’’.

3 SEC. 582. MILITARY ID CARDS FOR RETIREE DEPENDENTS

4 WHO ARE PERMANENTLY DISABLED.

5 (a) IN GENERAL.—Subsection (a) of section 1060b of

6 title 10, United States Code, is amended to read as follows:

7 ‘‘(a) ISSUANCE OF PERMANENT ID CARD.—(1) In

8 issuing military ID cards to retiree dependents, the Sec9 retary concerned shall issue a permanent ID card (not sub10 ject to renewal) to any such retiree dependent as follows:

11 ‘‘(A) A retiree dependent who has attained 75

12 years of age.

13 ‘‘(B) A retiree dependent who is permanently

14 disabled.

15 ‘‘(2) A permanent ID card shall be issued to a retiree

16 dependent under paragraph (1)(A) upon the expiration,

17 after the retiree dependent attains 75 years of age, of any

18 earlier, renewable military card or, if earlier, upon the re19 quest of the retiree dependent after attaining age 75.’’.

20 (b) CONFORMING AND CLERICAL AMENDMENTS.—

21 (1) HEADING AMENDMENT.—The heading of such

22 section is amended to read as follows:
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1 ‘‘§ 1060b. Military ID cards: dependents and survivors

2 of retirees’’.

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 53 of such title is

5 amended by striking the item relating to section

6 1060b and inserting the following new item:

‘‘1060b. Military ID cards: dependents and survivors of retirees.’’.

7 SEC. 583. MILITARY VOTING MATTERS.

8 (a) REPEAL OF PERIODIC INSPECTOR GENERAL IN9 STALLATION VISITS FOR ASSESSMENT OF VOTING ASSIST10 ANCE PROGRAMS.—Section 1566 of title 10, United States

11 Code, is amended—

12 (1) by striking subsection (d); and

13 (2) by redesignating subsections (e) through (i)

14 as subsections (d) through (h), respectively.

15 (b) COMPTROLLER GENERAL REPORT.—Not later than

16 March 1, 2007, the Comptroller General of the United

17 States shall submit to Congress a report containing the as18 sessment of the Comptroller General with respect to the fol19 lowing:

20 (1) The programs and activities undertaken by

21 the Department of Defense to facilitate voter registra22 tion, transmittal of ballots to absentee voters, and vot23 ing utilizing electronic means of communication

24 (such as electronic mail and fax transmission) for

25 military and civilian personnel covered by the Uni-
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1 formed and Overseas Citizens Absentee Voting Act (42

2 U.S.C. 1973ff et seq.).

3 (2) The progress of the Department of Defense

4 and the Election Assistance Commission in devel5 oping a secure, deployable system for Internet-based

6 electronic voting pursuant to the amendment made by

7 section 567 of the Ronald W. Reagan National De8 fense Authorization Act for Fiscal Year 2005 (Public

9 Law 108–375; 118 Stat. 1919).

10 (c) USE OF ELECTRONIC VOTING TECHNOLOGY.—

11 (1) CONTINUATION OF INTERIM VOTING ASSIST12 ANCE SYSTEM.—The Secretary of Defense shall con13 tinue the Interim Voting Assistance System (IVAS)

14 ballot request program with respect to all absent uni15 formed services voters (as defined under section

16 107(1) of the Uniformed Overseas Citizens Absentee

17 Voting Act (42 U.S.C. 1973ff–6(1))), overseas employ18 ees of the Department of Defense, and the dependents

19 of such voters and employees, for the general election

20 and all elections through December 31, 2006.

21 (2) REPORTS.—

22 (A) IN GENERAL.—Not later than 30 days

23 after the date of the regularly scheduled general

24 election for Federal office for November 2006, the

25 Secretary of Defense shall submit to the congres-
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1 sional defense committees a report setting

2 forth—

3 (i) an assessment of the success of the

4 implementation of the Interim Voting As5 sistance System ballot request program car6 ried out under paragraph (1);

7 (ii) recommendations for continuation

8 of the Interim Voting Assistance System

9 and for improvements to that system; and

10 (iii) an assessment of available tech11 nologies and other means of achieving en12 hanced use of electronic and Internet-based

13 capabilities under the Interim Voting As14 sistance System.

15 (B) FUTURE ELECTIONS.—Not later than

16 May 15, 2007, the Secretary of Defense shall sub17 mit to the congressional defense committees a re18 port detailing plans for expanding the use of

19 electronic voting technology for individuals cov20 ered under the Uniformed Overseas Citizens Ab21 sentee Voting Act (42 U.S.C. 1973ff et seq.) for

22 elections through November 30, 2010.
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1 SEC. 584. PRESENTATION OF MEDAL OF HONOR FLAG TO

2 PRIMARY NEXT OF KIN OF MEDAL OF HONOR

3 RECIPIENTS.

4 (a) ARMY RECIPIENTS.—Section 3755 of title 10,

5 United States Code, is amended—

6 (1) by inserting ‘‘(a) PRESENTATION TO MEDAL

7 OF HONOR RECIPIENTS.—’’ before ‘‘The President’’;

8 and

9 (2) by striking ‘‘after October 23, 2002’’; and

10 (3) by adding at the end the following new sub11 section:

12 ‘‘(b) PRESENTATION TO PRIMARY NEXT OF KIN.—The

13 President may provide for the presentation of a Medal of

14 Honor Flag to the primary living next of kin (as designated

15 by the Secretary of Defense in regulations prescribed for

16 purposes of this section) of a deceased medal of honor recipi17 ent described in subsection (a).’’.

18 (b) NAVY AND MARINE CORPS RECIPIENTS.—Section

19 6257 of such title is amended—

20 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

21 ‘‘The President’’; and

22 (2) by striking ‘‘after October 23, 2002’’; and

23 (3) by adding at the end the following new sub24 section:

25 ‘‘(b) PRESENTATION TO PRIMARY NEXT OF KIN.—The

26 President may provide for the presentation of a Medal of
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1 Honor Flag to the primary living next of kin (as designated

2 by the Secretary of Defense in regulations prescribed for

3 purposes of this section) of a deceased medal of honor recipi4 ent described in subsection (a).’’.

5 (c) AIR FORCE RECIPIENTS.—Section 8755 of such

6 title is amended—

7 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

8 ‘‘The President’’; and

9 (2) by striking ‘‘after October 23, 2002’’; and

10 (3) by adding at the end the following new sub11 section:

12 ‘‘(b) PRESENTATION TO PRIMARY NEXT OF KIN.—The

13 President may provide for the presentation of a Medal of

14 Honor Flag to the primary living next of kin (as designated

15 by the Secretary of Defense in regulations prescribed for

16 purposes of this section) of a deceased medal of honor recipi17 ent described in subsection (a).’’.

18 (d) COAST GUARD RECIPIENTS.—Section 505 of title

19 14, United States Code, is amended—

20 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

21 ‘‘The President’’; and

22 (2) by striking ‘‘after October 23, 2002’’; and

23 (3) by adding at the end the following new sub24 section:
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1 ‘‘(b) PRESENTATION TO PRIMARY NEXT OF KIN.—The

2 President may provide for the presentation of a Medal of

3 Honor Flag to the primary living next of kin (as designated

4 by the Secretary of Homeland Security in regulations pre5 scribed for purposes of this section) of a deceased medal of

6 honor recipient described in subsection (a).’’.

7 SEC. 585. MODIFICATION OF EFFECTIVE PERIOD OF AU8 THORITY TO PRESENT RECOGNITION ITEMS

9 FOR RECRUITMENT AND RETENTION PUR10 POSES.

11 Subsection (d) of section 2261 of title 10, United States

12 Code, is amended to read as follows:

13 ‘‘(d) EFFECTIVE PERIOD.—The authority under this

14 section shall be in effect during the period of any war or

15 national emergency declared by the President or Congress.’’.

16 SEC. 586. MILITARY SEVERELY INJURED CENTER.

17 (a) CENTER REQUIRED.—In support of the com18 prehensive policy on the provision of assistance to severely

19 wounded or injured servicemembers required by section 563

20 of the National Defense Authorization Act for Fiscal Year

21 2006 (Public Law 109–163; 119 Stat. 3269; 10 U.S.C. 113

22 note), the Secretary of Defense shall establish within the De23 partment of Defense a center to augment and support the

24 programs and activities of the military departments for the
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1 provision of such assistance, including the programs of the

2 military departments referred to in subsection (c).

3 (b) DESIGNATION.—The center established under sub4 section (a) shall be known as the ‘‘Military Severely Injured

5 Center’’ (in this section referred to as the ‘‘Center’’).

6 (c) PROGRAMS OF THE MILITARY DEPARTMENTS.—

7 The programs of the military departments referred to in

8 this subsection are as follows:

9 (1) The Army Wounded Warrior Support Pro10 gram.

11 (2) The Navy Safe Harbor Program.

12 (3) The Palace HART Program of the Air Force.

13 (4) The Marine for Life Injured Support Pro14 gram of the Marine Corps.

15 (d) ACTIVITIES OF CENTER.—

16 (1) IN GENERAL.—The Center shall carry out

17 such programs and activities to augment and support

18 the programs and activities of the military depart19 ments for the provision of assistance through indi20 vidual case management to severely wounded or in21 jured servicemembers and their families as the Sec22 retary of Defense, in consultation with the Secretaries

23 of the military departments and the heads of other

24 appropriate departments and agencies of the Federal

25 Government (including the Department of Labor and
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1 the Department of Veterans Affairs), shall assign the

2 Center.

3 (2) DATABASE.—The activities of the Center

4 under this subsection shall include the establishment

5 and maintenance of a central database of information

6 for purposes of tracking severely wounded or injured

7 servicemembers.

8 (e) RESOURCES.—The Secretary of Defense shall allo9 cate to the Center such personnel and other resources as the

10 Secretary of Defense, in consultation with the Secretaries

11 of the military departments, considers appropriate in order

12 to permit the Center to carry out effectively the programs

13 and activities assigned to the Center under subsection (d).

14 SEC. 587. SENSE OF SENATE ON NOTICE TO CONGRESS OF

15 RECOGNITION OF MEMBERS OF THE ARMED

16 FORCES FOR EXTRAORDINARY ACTS OF

17 BRAVERY, HEROISM, AND ACHIEVEMENT.

18 It is the sense of the Senate that the Secretary of De19 fense or the Secretary of the military department concerned

20 should, upon awarding a medal to a member of the Armed

21 Forces or otherwise commending or recognizing a member

22 of the Armed Forces for an act of extraordinary heroism,

23 bravery, achievement, or other distinction, notify the Com24 mittee on Armed Services of the Senate and House of Rep25 resentatives, the Senators from the State in which such
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1 member resides, and the Member of the House of Represent2 atives from the district in which such member resides of

3 such extraordinary award, commendation, or recognition.

4 SEC. 588. REPORT ON PROVISION OF ELECTRONIC COPY OF

5 MILITARY RECORDS ON DISCHARGE OR RE6 LEASE OF MEMBERS FROM THE ARMED

7 FORCES.

8 (a) REPORT REQUIRED.—Not later than 120 days

9 after the date of the enactment of this Act, the Secretary

10 of Defense shall submit to the congressional defense commit11 tees a report on the feasibility and advisability of providing

12 an electronic copy of military records (including all mili13 tary service, medical, and other military records) to mem14 bers of the Armed Forces on their discharge or release from

15 the Armed Forces.

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

17 shall include the following:

18 (1) An estimate of the costs of the provision of

19 military records as described in subsection (a).

20 (2) An assessment of providing military records

21 as described in that subsection through the distribu22 tion of a portable, readily accessible medium (such as

23 a computer disk or other similar medium) containing

24 such records.
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1 (3) A description and assessment of the mecha2 nisms required to ensure the privacy of members of

3 the Armed Forces in providing military records as

4 described in that subsection.

5 (4) An assessment of the benefits to the members

6 of the Armed Forces of receiving their military

7 records as described in that subsection.

8 (5) If the Secretary determines that providing

9 military records to members of the Armed Forces as

10 described in that subsection is feasible and advisable,

11 a plan (including a schedule) for providing such

12 records to members of the Armed Forces as so de13 scribed in order to ensure that each member of the

14 Armed Forces is provided such records upon discharge

15 or release from the Armed Forces.

16 (6) Any other matter to relating to the provision

17 of military records as described in that subsection

18 that the Secretary considers appropriate.

19 SEC. 589. PURPLE HEART AWARD ELIGIBILITY.

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

21 (1) The Purple Heart is the oldest military deco22 ration in the world in present use.

23 (2) The Purple Heart was established on August

24 7, 1782, during the Revolutionary War, when General

25 George Washington issued an order establishing the
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1 Honorary Badge of Distinction, otherwise known as

2 the Badge of Military Merit.

3 (3) The award of the Purple Heart ceased with

4 the end of the Revolutionary War, but was revived in

5 1932, the 200th anniversary of George Washington’s

6 birth, out of respect for his memory and military

7 achievements by War Department General Orders No.

8 3, dated February 22, 1932.

9 (4) The criteria for the award was originally an10 nounced in War Department Circular dated February

11 22, 1932, and revised by Presidential Executive Order

12 9277, dated December 3, 1942; Executive Order

13 10409, dated February 12, 1952; Executive Order

14 11016, dated April 25, 1962; and Executive Order

15 12464, dated February 23, 1984.

16 (5) The Purple Heart is awarded in the name of

17 the President of the United States as Commander in

18 Chief to members of the Armed Forces who qualify

19 under criteria set forth by Presidential Executive

20 Order.

21 (b) DETERMINATION.—As part of the review and re22 port required in subsection (d), the President shall make

23 a determination on expanding eligibility to all deceased

24 servicemembers held as a prisoner of war after December

25 7, 1941, and who meet the criteria establishing eligibility
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1 for the prisoner-of-war medal under section 1128 of title

2 10, but who do not meet the criteria establishing eligibility

3 for the Purple Heart.

4 (c) REQUIREMENTS.—In making the determination

5 described in subsection (b), the President shall take into

6 consideration—

7 (1) the brutal treatment endured by thousands of

8 POWs incarcerated by enemy forces;

9 (2) that many service members died due to star10 vation, abuse, the deliberate withholding of medical

11 treatment for injury or disease, or other causes which

12 do not currently meet the criteria for award of the

13 Purple Heart;

14 (3) the views of veteran organizations, including

15 the Military Order of the Purple Heart;

16 (4) the importance and gravity that has been as17 signed to determining all available facts prior to a

18 decision to award the Purple Heart; and

19 (5) the views of the Secretary of Defense and the

20 Joint Chiefs of Staff.

21 (d) REPORT.—Not later than March 1, 2007, the Presi22 dent shall provide the Committees on Armed Services of the

23 Senate and House of Representatives a report on the advis24 ability of modifying the criteria for the award of the Purple

25 Heart to authorize the award of the Purple Heart to mili-
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1 tary members who die in captivity under unknown cir2 cumstances or as a result of conditions and treatment which

3 currently do not qualify the decedent for award of the Pur4 ple Heart; and for military members who survive captivity

5 as prisoners of war, but die thereafter as a result of disease

6 or disability incurred during captivity.

7 SEC. 590. COMPREHENSIVE REVIEW ON PROCEDURES OF

8 THE DEPARTMENT OF DEFENSE ON MOR9 TUARY AFFAIRS.

10 (a) REPORT.—As soon as practicable after the comple11 tion of the comprehensive review of the procedures of the

12 Department of Defense on mortuary affairs, the Secretary

13 of Defense shall submit to the congressional defense commit14 tees a report on the review.

15 (b) ADDITIONAL ELEMENTS.—In conducting the com16 prehensive review described in subsection (a), the Secretary

17 shall also address, in addition to any other matters covered

18 by the review, the following:

19 (1) The utilization of additional or increased re20 frigeration (including icing) in combat theaters in

21 order to enhance preservation of remains.

22 (2) The relocation of refrigeration assets further

23 forward in the field.

24 (3) Specific time standards for the movement of

25 remains from combat units.
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1 (4) The forward location of autopsy and em2 balming operations.

3 (5) Any other matters that the Secretary con4 siders appropriate in order to speed the return of re5 mains to the United States in a non-decomposed

6 state.

7 (c) ADDITIONAL ELEMENT OF POLICY ON CASUALTY

8 ASSISTANCE TO SURVIVORS OF MILITARY DECEDENTS.—

9 Section 562(b) of the National Defense Authorization Act

10 for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3267;

11 10 U.S.C. 1475 note) is amended by adding at the end the

12 following new paragraph:

13 ‘‘(12) The process by which the Department of

14 Defense, upon request, briefs survivors of military de15 cedents on the cause of, and any investigation into,

16 the death of such military decedents and on the dis17 position and transportation of the remains of such de18 cedents, which process shall—

19 ‘‘(A) provide for the provision of such brief20 ings by fully qualified Department personnel;

21 ‘‘(B) ensure briefings take place as soon as

22 possible after death and updates are provided in

23 a timely manner when new information becomes

24 available;

25 ‘‘(C) ensure that—
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1 ‘‘(i) such briefings and updates relate

2 the most complete and accurate information

3 available at the time of such briefings or

4 updates, as the case may be; and

5 ‘‘(ii) incomplete or unverified informa6 tion is identified as such during the course

7 of such briefings or updates; and

8 ‘‘(D) include procedures by which such sur9 vivors shall, upon request, receive updates or

10 supplemental information on such briefings or

11 updates from qualified Department personnel.’’.

12 SEC. 591. REPORT ON OMISSION OF SOCIAL SECURITY NUM13 BERS ON MILITARY IDENTIFICATION CARDS.

14 (a) REPORT.—Not later than 180 days after the date

15 of the enactment of this Act, the Secretary of Defense shall

16 submit to Congress a report setting forth the assessment of

17 the Secretary of the feasibility of utilizing military identi18 fication cards that do not contain, display or exhibit the

19 Social Security Number of the individual identified by such

20 military identification card.

21 (b) MILITARY IDENTIFICATION CARD DEFINED.—In

22 this section, the term ‘‘military identification card’’ has the

23 meaning given the term ‘‘military ID card’’ in section

24 1060b(b)(1) of title 10, United States Code.
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1 SEC. 592. FUNERAL CEREMONIES FOR VETERANS.

2 (a) SUPPORT FOR CEREMONIES BY DETAILS CON3 SISTING SOLELY OF MEMBERS OF VETERANS AND OTHER

4 ORGANIZATIONS.—

5 (1) SUPPORT OF CEREMONIES.—Section 1491 of

6 title 10, United States Code, is amended—

7 (A) by redesignating subsections (e), (f), (g),

8 and (h) as subsections (f), (g), (h), and (i), re9 spectively; and

10 (B) by inserting after subsection (d) the fol11 lowing new subsection (e):

12 ‘‘(e) SUPPORT FOR FUNERAL HONORS DETAILS COM13 POSED OF MEMBERS OF VETERANS ORGANIZATIONS.—(1)

14 Subject to such regulations and procedures as the Secretary

15 of Defense may prescribe, the Secretary of the military de16 partment of which a veteran was a member may support

17 the conduct of funeral honors for such veteran that are pro18 vided solely by members of veterans organizations or other

19 organizations referred to in subsection (b)(2).

20 ‘‘(2) The provision of support under this subsection is

21 subject to the availability of appropriations for that pur22 pose.

23 ‘‘(3) The support provided under this subsection may

24 include the following:

25 ‘‘(A) Reimbursement for costs incurred by orga26 nizations referred to in paragraph (1) in providing
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1 funeral honors, including costs of transportation,

2 meals, and similar costs.

3 ‘‘(B) Payment to members of such organizations

4 providing such funeral honors of the daily stipend

5 prescribed under subsection (d)(2).’’.

6 (2) CONFORMING AMENDMENTS.—Such section is

7 further amended—

8 (A) in subsection (d)(2), by inserting ‘‘and

9 subsection (e)’’ after ‘‘paragraph (1)(A)’’; and

10 (B) in paragraph (1) of section (f), as re11 designated by subsection (a)(1) of this section, by

12 inserting ‘‘(other than a requirement in sub13 section (e)’’ after ‘‘pursuant to this section’’.

14 (b) USE OF EXCESS M–1 RIFLES FOR CEREMONIAL

15 AND OTHER PURPOSES.—Section 4683 of such title is

16 amended—

17 (1) in subsection (a), by adding at the end the

18 following new paragraph:

19 ‘‘(3) Rifles loaned or donated under paragraph (1)

20 may be used by an eligible designee for funeral ceremonies

21 of a member or former member of the armed forces and for

22 other ceremonial purposes.’’;

23 (2) in subsection (c), by inserting after ‘‘account24 ability’’ the following: ‘‘, provided that such condi25 tions do not unduly hamper eligible designees from
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1 participating in funeral ceremonies of a member or

2 former member of the armed forces or other cere3 monies’’;

4 (3) in subsection (d)—

5 (A) in paragraph (2), by striking ‘‘; or’’

6 and inserting ‘‘or fire department;’’;

7 (B) in paragraph (3), by striking the period

8 at the end and inserting ‘‘; or’’; and

9 (C) by adding at the end the following new

10 paragraph:

11 ‘‘(4) any other member in good standing of an

12 organization described in paragraphs (1), (2), or

13 (3).’’; and

14 (4) by adding at the end the following new sub15 section:

16 ‘‘(e) ELIGIBLE DESIGNEE DEFINED.—In this section,

17 the term ‘eligible designee’ means a designee of an eligible

18 organization who—

19 ‘‘(1) is a spouse, son, daughter, nephew, niece, or

20 other family relation of a member or former member

21 of the armed forces;

22 ‘‘(2) is at least 18 years of age; and

23 ‘‘(3) has successfully completed a formal firearm

24 training program or a hunting safety program.’’.
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1 TITLE VI—COMPENSATION AND

2 OTHER PERSONNEL BENEFITS

3 Subtitle A—Pay and Allowances

4 SEC. 601. FISCAL YEAR 2007 INCREASE IN MILITARY BASIC

5 PAY AND REFORM OF BASIC PAY RATES.

6 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad7 justment to become effective during fiscal year 2007 re8 quired by section 1009 of title 37, United States Code, in

9 the rates of monthly basic pay authorized members of the

10 uniformed services shall not be made.

11 (b) JANUARY 1, 2007, INCREASE IN BASIC PAY.—Ef12 fective on January 1, 2007, the rates of monthly basic pay

13 for members of the uniformed services are increased by 2.2

14 percent.

15 (c) REFORM OF BASIC PAY RATES.—Effective on April

16 1, 2007, the rates of monthly basic pay for members of the

17 uniformed services within each pay grade are as follows:
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MONTHLY BASIC PAY

COMMISSIONED OFFICERS 1

Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–10 2 ... $0.00 $0.00 $0.00 $0.00 $0.00

O–9 ....... 0.00 0.00 0.00 0.00 0.00

O–8 ....... 8,453.10 8,729.70 8,913.60 8,964.90 9,194.10

O–7 ....... 7,023.90 7,350.00 7,501.20 7,621.20 7,838.40

O–6 ....... 5,206.20 5,719.20 6,094.50 6,094.50 6,117.60

O–5 ....... 4,339.80 4,888.80 5,227.50 5,291.10 5,502.00

O–4 ....... 3,744.60 4,334.70 4,623.90 4,688.40 4,956.90

O–3 3 ..... 3,292.20 3,732.30 4,028.40 4,392.00 4,602.00

O–2 3 ..... 2,844.30 3,239.70 3,731.40 3,857.40 3,936.60

O–1 3 ..... 2,469.30 2,569.80 3,106.50 3,106.50 3,106.50

Over 8 Over 10 Over 12 Over 14 Over 16

O–10 2 ... $0.00 $0.00 $0.00 $0.00 $0.00

O–9 ....... 0.00 0.00 0.00 0.00 0.00

O–8 ....... 9,577.20 9,666.30 10,030.20 10,134.30 10,447.80

O–7 ....... 8,052.90 8,301.30 8,548.80 8,797.20 9,577.20

O–6 ....... 6,380.10 6,414.60 6,414.60 6,779.10 7,423.80

O–5 ....... 5,628.60 5,906.40 6,110.10 6,373.20 6,776.40

O–4 ....... 5,244.60 5,602.80 5,882.40 6,076.20 6,187.50

O–3 3 ..... 4,833.30 4,982.70 5,228.40 5,355.90 5,355.90

O–2 3 ..... 3,936.60 3,936.60 3,936.60 3,936.60 3,936.60

O–1 3 ..... 3,106.50 3,106.50 3,106.50 3,106.50 3,106.50

Over 18 Over 20 Over 22 Over 24 Over 26

O–10 2 ... $0.00 $13,659.00 $13,725.90 $14,011.20 $14,508.60

O–9 ....... 0.00 11,946.60 12,118.50 12,367.20 12,801.30

O–8 ....... 10,900.80 11,319.00 11,598.30 11,598.30 11,598.30

O–7 ....... 10,236.00 10,236.00 10,236.00 10,236.00 10,287.90

O–6 ....... 7,802.10 8,180.10 8,395.20 8,613.00 9,035.70

O–5 ....... 6,968.10 7,158.00 7,373.10 7,373.10 7,373.10

O–4 ....... 6,252.30 6,252.30 6,252.30 6,252.30 6,252.30

O–3 3 ..... 5,355.90 5,355.90 5,355.90 5,355.90 5,355.90

O–2 3 ..... 3,936.60 3,936.60 3,936.60 3,936.60 3,936.60

O–1 3 ..... 3,106.50 3,106.50 3,106.50 3,106.50 3,106.50

Over 28 Over 30 Over 32 Over 34 Over 36

O–10 2 ... $14,508.60 $15,234.00 $15,234.00 $15,995.70 $15,995.70

O–9 ....... 12,801.30 13,441.50 13,441.50 14,113.50 14,113.50

O–8 ....... 11,598.30 11,888.40 11,888.40 12,185.70 12,185.70

O–7 ....... 10,287.90 10,493.70 10,493.70 10,493.70 10,493.70

O–6 ....... 9,035.70 9,216.30 9,216.30 9,216.30 9,216.30

O–5 ....... 7,373.10 7,373.10 7,373.10 7,373.10 7,373.10

O–4 ....... 6,252.30 6,252.30 6,252.30 6,252.30 6,252.30

O–3 3 ..... 5,355.90 5,355.90 5,355.90 5,355.90 5,355.90

O–2 3 ..... 3,936.60 3,936.60 3,936.60 3,936.60 3,936.60

O–1 3 ..... 3,106.50 3,106.50 3,106.50 3,106.50 3,106.50

Over 38 Over 40

O–10 2 ... $16,795.50 $16,795.50

O–9 ....... 14,819.10 14,819.10

O–8 ....... 12,185.70 12,185.70

O–7 ....... 10,493.70 10,493.70

O–6 ....... 9,216.30 9,216.30

O–5 ....... 7,373.10 7,373.10

O–4 ....... 6,252.30 6,252.30

O–3 3 ..... 5,355.90 5,355.90

O–2 3 ..... 3,936.60 3,936.60

O–1 3 ..... 3,106.50 3,106.50

1Notwithstanding the pay rates specified in this table, the actual basic pay for commissioned officers in grades

O–7 through O–10 may not exceed the rate of pay for level II of the Executive Schedule and the actual basic pay

for all other officers, including warrant officers, may not exceed the rate of pay for level V of the Executive Schedule.2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff,

Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine

Corps, Commandant of the Coast Guard, or commander of a unified or specified combatant command (as defined

in section 161(c) of title 10, United States Code), basic pay for this grade is calculated to be $17,972.10, regardless

of cumulative years of service computed under section 205 of title 37, United States Code.
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3This table does not apply to commissioned officers in the grade O–1, O–2, or O–3 who have been credited with

over 4 years of active duty service as an enlisted member or warrant officer.
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COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE

AS AN ENLISTED MEMBER OR WARRANT OFFICER

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–3E .. $0.00 $0.00 $0.00 $4,392.00 $4,602.00

O–2E .. 0.00 0.00 0.00 3,857.40 3,936.60

O–1E .. 0.00 0.00 0.00 3,106.50 3,317.70

Over 8 Over 10 Over 12 Over 14 Over 16

O–3E .. $4,833.00 $4,982.70 $5,228.40 $5,435.40 $5,554.20

O–2E .. 4,062.00 4,273.50 4,437.00 4,558.80 4,558.80

O–1E .. 3,440.10 3,565.50 3,688.80 3,857.40 3,857.40

Over 18 Over 20 Over 22 Over 24 Over 26

O–3E .. $5,715.90 $5,715.90 $5,715.90 $5,715.90 $5,715.90

O–2E .. 4,558.80 4,558.80 4,558.80 4,558.80 4,558.80

O–1E .. 3,857.40 3,857.40 3,857.40 3,857.40 3,857.40

Over 28 Over 30 Over 32 Over 34 Over 36

O–3E .. $5,715.90 $5,715.90 $5,715.90 $5,715.90 $5,715.90

O–2E .. 4,558.80 4,558.80 4,558.80 4,558.80 4,558.80

O–1E .. 3,857.40 3,857.40 3,857.40 3,857.40 3,857.40

Over 38 Over 40

O–3E .. $5,715.90 $5,715.90

O–2E .. 4,558.80 4,558.80

O–1E .. 3,857.40 3,857.40
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WARRANT OFFICERS

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

W–5 .... $0.00 $0.00 $0.00 $0.00 $0.00

W–4 .... 3,402.00 3,660.00 3,765.00 3,868.50 4,046.40

W–3 .... 3,106.80 3,236.40 3,369.00 3,412.80 3,552.00

W–2 .... 2,749.20 3,009.30 3,089.40 3,144.60 3,322.80

W–1 .... 2,413.20 2,672.40 2,742.90 2,890.50 3,065.10

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 .... $0.00 $0.00 $0.00 $0.00 $0.00

W–4 .... 4,222.20 4,400.70 4,669.20 4,904.40 5,128.20

W–3 .... 3,825.90 4,110.90 4,245.30 4,400.40 4,560.30

W–2 .... 3,600.00 3,737.10 3,872.40 4,037.70 4,166.70

W–1 .... 3,322.20 3,442.20 3,610.20 3,775.50 3,905.10

Over 18 Over 20 Over 22 Over 24 Over 26

W–5 .... $0.00 $6,049.50 $6,356.40 $6,585.00 $6,838.20

W–4 .... 5,310.90 5,489.70 5,752.20 5,967.60 6,213.60

W–3 .... 4,847.70 5,042.40 5,158.50 5,282.10 5,450.10

W–2 .... 4,284.00 4,423.80 4,515.90 4,589.40 4,589.40

W–1 .... 4,024.50 4,170.00 4,170.00 4,170.00 4,170.00

Over 28 Over 30 Over 32 Over 34 Over 36

W–5 .... $6,838.20 $7,180.20 $7,180.20 $7,539.30 $7,539.30

W–4 .... 6,213.60 6,337.80 6,337.80 6,337.80 6,337.80

W–3 .... 5,450.10 5,450.10 5,450.10 5,450.10 5,450.10

W–2 .... 4,589.40 4,589.40 4,589.40 4,589.40 4,589.40

W–1 .... 4,170.00 4,170.00 4,170.00 4,170.00 4,170.00

Over 38 Over 40

W–5 .... $7,916.40 $7,916.40

W–4 .... 6,337.80 6,337.80

W–3 .... 5,450.10 5,450.10

W–2 .... 4,589.50 4,589.40

W–1 .... 4,170.00 4,170.00
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ENLISTED MEMBERS 1

Years of service computed under section 205 of title 37, United States Code

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–9 2 ..... $0.00 $0.00 $0.00 $0.00 $0.00

E–8 ....... 0.00 0.00 0.00 0.00 0.00

E–7 ....... 2,339.10 2,553.00 2,650.80 2,780.70 2,881.50

E–6 ....... 2,023.20 2,226.00 2,324.40 2,419.80 2,519.40

E–5 ....... 1,854.00 1,977.90 2,073.30 2,171.40 2,323.80

E–4 ....... 1,699.50 1,786.50 1,883.10 1,978.50 2,062.80

E–3 ....... 1,534.20 1,630.80 1,729.20 1,729.20 1,729.20

E–2 ....... 1,458.90 1,458.90 1,458.90 1,458.90 1,458.90

E–1 ....... 31,301.40 1,301.40 1,301.40 1,301.40 1,301.40

Over 8 Over 10 Over 12 Over 14 Over 16

E–9 2 ..... $0.00 $4,110.60 $4,203.90 $4,321.20 $4,459.50

E–8 ....... 3,364.80 3,513.90 3,606.00 3,716.40 3,835.80

E–7 ....... 3,055.20 3,152.70 3,326.70 3,471.00 3,569.70

E–6 ....... 2,744.10 2,831.40 3,000.00 3,051.90 3,089.70

E–5 ....... 2,483.70 2,613.90 2,630.10 2,630.10 2,630.10

E–4 ....... 2,062.80 2,062.80 2,062.80 2,062.80 2,062.80

E–3 ....... 1,729.20 1,729.20 1,729.20 1,729.20 1,729.20

E–2 ....... 1,458.90 1,458.90 1,458.90 1,458.90 1,458.90

E–1 ....... 1,301.40 1,301.40 1,301.40 1,301.40 1,301.40

Over 18 Over 20 Over 22 Over 24 Over 26

E–9 2 ..... $4,598.40 $4,821.60 $5,010.30 $5,209.20 $5,512.80

E–8 ....... 4,051.80 4,161.30 4,347.30 4,450.50 4,704.90

E–7 ....... 3,674.40 3,715.50 3,852.00 3,925.20 4,204.20

E–6 ....... 3,133.50 3,133.50 3,133.50 3,133.50 3,133.50

E–5 ....... 2,630.10 2,630.10 2,630.10 2,630.10 2,630.10

E–4 ....... 2,062.80 2,062.80 2,062.80 2,062.80 2,062.80

E–3 ....... 1,729.20 1,729.20 1,729.20 1,729.20 1,729.20

E–2 ....... 1,458.90 1,458.90 1,458.90 1,458.90 1,458.90

E–1 ....... 1,301.40 1,301.40 1,301.40 1,301.40 1,301.40

Over 28 Over 30 Over 32 Over 34 Over 36

E–9 2 ..... $5,512.80 $5,788.50 $5,788.50 $6,078.00 $6,078.00

E–8 ....... 4,704.90 4,799.10 4,799.10 4,799.10 4,799.10

E–7 ....... 4,204.20 4,204.20 4,204.20 4,204.20 4,204.20

E–6 ....... 3,133.50 3,133.50 3,133.50 3,133.50 3,133.50

E–5 ....... 2,630.10 2,630.10 2,630.10 2,630.10 2,630.10

E–4 ....... 2,062.80 2,062.80 2,062.80 2,062.80 2,062.80

E–3 ....... 1,729.20 1,729.20 1,729.20 1,729.20 1,729.20

E–2 ....... 1,458.90 1,458.90 1,458.90 1,458.90 1,458.90

E–1 ....... 1,301.40 1,301.40 1,301.40 1,301.40 1,301.40

Over 38 Over 40 

E–9 2 ..... $6,381.90 $6,381.90

E–8 ....... 4,799.10 4,799.10

E–7 ....... 4,204.20 4,204.20

E–6 ....... 3,133.50 3,133.50

E–5 ....... 2,630.10 2,630.10

E–4 ....... 2,062.80 2,062.80

E–3 ....... 1,729.20 1,729.20

E–2 ....... 1,458.90 1,458.90

E–1 ....... 1,301.40 1,301.40

1Notwithstanding the pay rates specified in this table, the actual basic pay for enlisted members may not exceed

the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief Petty Officer of the

Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, Master Chief Petty Officer of

the Coast Guard, or Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, basic pay for this grade

is $6,642.60, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 In the case of members in the grade E–1 who have served less than 4 months on active duty, basic pay is

$1,203.90.
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1 SEC. 602. INCREASE IN MAXIMUM RATE OF BASIC PAY FOR

2 GENERAL AND FLAG OFFICER GRADES.

3 (a) INCREASE.—Section 203(a)(2) of title 37, United

4 States Code, is amended by striking ‘‘level III of the Execu5 tive Schedule’’ and inserting ‘‘level II of the Executive

6 Schedule’’.

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall take effect on January 1, 2007, and shall

9 apply with respect to months beginning on or after that

10 date.

11 SEC. 603. CLARIFICATION OF EFFECTIVE DATE OF PROHIBI12 TION ON COMPENSATION FOR CORRESPOND13 ENCE COURSES.

14 Section 206(d) of title 37, United States Code, is

15 amended by adding at the end the following new paragraph:

16 ‘‘(3) The prohibition in this subsection (including the

17 prohibition as it relates to a member of the National Guard

18 while not in Federal service) shall apply to—

19 ‘‘(A) any work or study performed on or after

20 September 7, 1962; and

21 ‘‘(B) any claim based on such work or study

22 arising after that date.’’.
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1 SEC. 604. ONE-YEAR EXTENSION OF PROHIBITION AGAINST

2 REQUIRING CERTAIN INJURED MEMBERS TO

3 PAY FOR MEALS PROVIDED BY MILITARY

4 TREATMENT FACILITIES.

5 (a) EXTENSION.—Section 402(h)(3) of title 37, United

6 States Code, is amended by striking ‘‘December 31, 2006’’

7 and inserting ‘‘December 31, 2007’’.

8 (b) REPORT ON ADMINISTRATION OF PROHIBITION.—

9 Not later than February 1, 2007, the Secretary of Defense

10 shall submit to the congressional defense committees a re11 port on the administration of section 402(h)(3) of title 37,

12 United States Code (as amended by subsection (a)). The re13 port shall include—

14 (1) a description and assessment of the mecha15 nisms used by the military departments to implement

16 the prohibition contained in such section; and

17 (2) such recommendations as the Secretary con18 siders appropriate regarding making such prohibition

19 permanent.

20 SEC. 605. ADDITIONAL HOUSING ALLOWANCE FOR RE21 SERVES ON ACTIVE DUTY IN SUPPORT OF A

22 CONTINGENCY OPERATION.

23 (a) IN GENERAL.—Section 403(g) of title 37, United

24 States Code, is amended—

25 (1) by redesignating paragraphs (2), (3), and (4)

26 as paragraphs (3), (4), and (5), respectively;
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1 (2) by inserting after paragraph (1) the fol2 lowing new paragraph (2):

3 ‘‘(2)(A) Under regulations prescribed by the Secretary

4 of Defense and the Secretary of Homeland Security with

5 respect to the Coast Guard when it is not operating as a

6 service in the Department of the Navy, the Secretary con7 cerned may authorize payment of a housing allowance to

8 a member described in paragraph (1) at a monthly rate

9 equal to the rate of the basic allowance for housing under

10 subsection (b) or the overseas basic allowance for housing

11 under subsection (c), whichever applies to that location, for

12 members of the regular components at that location in the

13 same grade without dependents.

14 ‘‘(B) A member may concurrently receive a basic al15 lowance for housing under paragraph (1) and a housing

16 allowance under this paragraph, but may not receive the

17 portion of the allowance, if any, authorized under section

18 404 of this title for lodging expenses if a housing allowance

19 is authorized to be paid under this paragraph.’’; and

20 (3) in paragraph (3), as so redesignated, by

21 striking ‘‘Paragraph (1)’’ and inserting ‘‘Paragraphs

22 (1) and (2)’’.

23 (b) EFFECTIVE DATE.—The amendments made by sub24 section (a) shall take effect on October 1, 2006, and shall
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1 apply with respect to months beginning on or after that

2 date.

3 SEC. 606. EXTENSION OF TEMPORARY CONTINUATION OF

4 HOUSING ALLOWANCE FOR DEPENDENTS OF

5 MEMBERS DYING ON ACTIVE DUTY TO

6 SPOUSES WHO ARE MEMBERS OF THE UNI7 FORMED SERVICES.

8 (a) IN GENERAL.—Section 403(l) of title 37, United

9 States Code, is amended—

10 (1) by redesignating paragraph (3) as para11 graph (4);

12 (2) by inserting after paragraph (2) the fol13 lowing new paragraph (3):

14 ‘‘(3) A member of the uniformed services who is the

15 spouse of a deceased member described in paragraph (2)

16 may be paid a basic allowance for housing as provided for

17 in that paragraph. An allowance paid under this para18 graph is in addition to any other pay and allowances to

19 which the member of the uniformed services is entitled

20 under any other provision of law.’’; and

21 (3) in paragraph (4), as so redesignated, by

22 striking ‘‘(2)’’ and inserting ‘‘(2) or (3)’’.

23 (b) EFFECTIVE DATE.—The amendments made by this

24 section shall take effect on October 1, 2006, and shall apply

25 with respect to deaths occurring on or after that date.
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1 Subtitle B—Bonuses and Special

2 and Incentive Pays

3 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL

4 PAY AUTHORITIES FOR RESERVE FORCES.

5 (a) SELECTED RESERVE REENLISTMENT BONUS.—

6 Section 308b(g) of title 37, United States Code, is amended

7 by striking ‘‘December 31, 2006’’ and inserting ‘‘December

8 31, 2007’’.

9 (b) SELECTED RESERVE AFFILIATION OR ENLISTMENT

10 BONUS.—Section 308c(i) of such title is amended by strik11 ing ‘‘December 31, 2006’’ and inserting ‘‘December 31,

12 2007’’.

13 (c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

14 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of

15 such title is amended by striking ‘‘December 31, 2006’’ and

16 inserting ‘‘December 31, 2007’’.

17 (d) READY RESERVE ENLISTMENT BONUS FOR PER18 SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of

19 such title is amended by striking ‘‘December 31, 2006’’ and

20 inserting ‘‘December 31, 2007’’.

21 (e) READY RESERVE ENLISTMENT AND REENLIST22 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec23 tion 308h(e) of such title is amended by striking ‘‘December

24 31, 2006’’ and inserting ‘‘December 31, 2007’’.
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1 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

2 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such

3 title is amended by striking ‘‘December 31, 2006’’ and in4 serting ‘‘December 31, 2007’’.

5 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL

6 PAY AUTHORITIES FOR CERTAIN HEALTH

7 CARE PROFESSIONALS.

8 (a) NURSE OFFICER CANDIDATE ACCESSION PRO9 GRAM.—Section 2130a(a)(1) of title 10, United States Code,

10 is amended by striking ‘‘December 31, 2006’’ and inserting

11 ‘‘December 31, 2007’’.

12 (b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

13 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

14 RESERVE.—Section 16302(d) of such title is amended by

15 striking ‘‘January 1, 2007’’ and inserting ‘‘January 1,

16 2008’’.

17 (c) ACCESSION BONUS FOR REGISTERED NURSES.—

18 Section 302d(a)(1) of title 37, United States Code, is

19 amended by striking ‘‘December 31, 2006’’ and inserting

20 ‘‘December 31, 2007’’.

21 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES22 THETISTS.—Section 302e(a)(1) of such title is amended by

23 striking ‘‘December 31, 2006’’ and inserting ‘‘December 31,

24 2007’’.
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1 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

2 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL3 TIES.—Section 302g(e) of such title is amended by striking

4 ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’.

5 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec6 tion 302h(a)(1) of such title is amended by striking ‘‘De7 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’.

8 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.—

9 Section 302j(a) of such title is amended by striking ‘‘De10 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’.

11 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU12 THORITIES FOR NUCLEAR OFFICERS.

13 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

14 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)

15 of title 37, United States Code, is amended by striking ‘‘De16 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’.

17 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

18 312b(c) of such title is amended by striking ‘‘December 31,

19 2006’’ and inserting ‘‘December 31, 2007’’.

20 (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

21 Section 312c(d) of such title is amended by striking ‘‘De22 cember 31, 2006’’ and inserting ‘‘December 31, 2007.
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1 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAY2 MENT OF OTHER BONUSES AND SPECIAL

3 PAYS.

4 (a) AVIATION OFFICER RETENTION BONUS.—Section

5 301b(a) of title 37, United States Code, is amended by strik6 ing ‘‘December 31, 2006’’ and inserting ‘‘December 31,

7 2007’’.

8 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) of

9 such title is amended by striking ‘‘December 31, 2007’’ and

10 inserting ‘‘December 31, 2008’’.

11 (c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

12 Section 308(g) of such title is amended by striking ‘‘Decem13 ber 31, 2006’’ and inserting ‘‘December 31, 2007’’.

14 (d) ENLISTMENT BONUS.—Section 309(e) of such title

15 is amended by striking ‘‘December 31, 2006’’ and inserting

16 ‘‘December 31, 2007’’.

17 (e) RETENTION BONUS FOR MEMBERS WITH CRITICAL

18 MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

19 UNITS.—Section 323(i) of such title is amended by striking

20 ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’.

21 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT22 ICAL SKILLS.—Section 324(g) of such title is amended by

23 striking ‘‘December 31, 2006’’ and inserting ‘‘December 31,

24 2007’’.

25 (g) INCENTIVE BONUS FOR CONVERSION TO MILITARY

26 OCCUPATIONAL SPECIALTY TO EASE PERSONNEL SHORT-
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1 AGE.—Section 326(g) of such title is amended by striking

2 ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’.

3 (h) INCENTIVE BONUS FOR TRANSFER BETWEEN THE

4 ARMED FORCES.—Section 327(h) of such title is amended

5 by striking ‘‘December 31, 2006’’ and inserting ‘‘December

6 31, 2009’’.

7 SEC. 615. INCREASE IN SPECIAL PAY FOR SELECTED RE8 SERVE HEALTH CARE PROFESSIONALS IN

9 CRITICALLY SHORT WARTIME SPECIALTIES.

10 INCREASE IN SPECIAL PAY.—Section 302g(a) of title

11 37, United States Code, is amended by striking ‘‘$10,000’’

12 and inserting ‘‘$25,000’’.

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall take effect on October 1, 2006, and shall

15 apply to written agreements entered into under section 302g

16 of title 37, United States Code, on or after that date.

17 SEC. 616. EXPANSION AND ENHANCEMENT OF ACCESSION

18 BONUS AUTHORITIES FOR CERTAIN OFFI19 CERS IN HEALTH CARE SPECIALITIES.

20 (a) INCREASE IN ACCESSION BONUS FOR DENTAL OF21 FICERS.—Section 302h(a)(2) of title 37, United States

22 Code, is amended by striking ‘‘$30,000’’ and inserting

23 ‘‘$200,000’’.

24 (b) ACCESSION BONUS FOR MEDICAL OFFICERS IN

25 CRITICALLY SHORT WARTIME SPECIALITIES.—Chapter 5 of
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1 title 37, United States Code, is amended by inserting after

2 section 302j the following new section:

3 ‘‘§ 302k. Special pay: accession bonus for medical offi4 cers in critically short wartime specialties

5 ‘‘(a) ACCESSION BONUS AUTHORIZED.—(1) A person

6 who is a graduate of an accredited school of medicine or

7 osteopathy in a specialty described in subsection (c) and

8 who executes a written agreement described in subsection

9 (d) to accept a commission as an officer of the Armed Forces

10 and remain on active duty for a period of not less than

11 four consecutive years may, upon the acceptance of the

12 agreement by the Secretary concerned, be paid an accession

13 bonus in the amount determined by the Secretary con14 cerned.

15 ‘‘(2) The amount of an accession bonus under para16 graph (1) may not exceed $400,000.

17 ‘‘(b) LIMITATION ON ELIGIBILITY FOR BONUS.—A per18 son may not be paid a bonus under subsection (a) if—

19 ‘‘(1) the person, in exchange for an agreement to

20 accept an appointment as an officer, received finan21 cial assistance from the Department of Defense to

22 pursue a course of study in medicine or osteopathy;

23 or

24 ‘‘(2) the Secretary concerned determines that the

25 person is not qualified to become and remain certified
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1 as a doctor or osteopath in a specialty described in

2 subsection (c).

3 ‘‘(c) COVERED SPECIALTIES.—A specialty described in

4 this subsection is a specialty designated by regulations as

5 a critically short wartime specialty.

6 ‘‘(d) AGREEMENT.—The agreement referred to in sub7 section (a) shall provide that, consistent with the needs of

8 the armed service concerned, the person executing the agree9 ment will be assigned to duty, for the period of obligated

10 service covered by the agreement, as an officer of the Medical

11 Corps of the Army or the Navy or as an officer of the Air

12 Force designated as a medical officer in a specialty de13 scribed in subsection (c).

14 ‘‘(e) REPAYMENT.—A person who, after executing an

15 agreement under subsection (a) is not commissioned as an

16 officer of the armed forces, does not become licensed as a

17 doctor or osteopath, as the case may be, or does not complete

18 the period of active duty in a specialty specified in the

19 agreement, shall be subject to the repayment provisions of

20 section 303a(e) of this title.

21 ‘‘(f) TERMINATION OF AUTHORITY.—No agreement

22 under this section may be entered into after December 31,

23 2007.’’.

24 (c) ACCESSION BONUS FOR DENTAL SPECIALIST OFFI25 CERS IN CRITICALLY SHORT WARTIME SPECIALITIES.—
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1 Chapter 5 of title 37, United States Code, as amended by

2 subsection (b), is further amended by inserting after section

3 302k the following new section:

4 ‘‘§ 302l. Special pay: accession bonus for dental spe5 cialist officers in critically short wartime

6 specialties

7 ‘‘(a) ACCESSION BONUS AUTHORIZED.—(1) A person

8 who is a graduate of an accredited dental school in a spe9 cialty described in subsection (c) and who executes a written

10 agreement described in subsection (d) to accept a commis11 sion as an officer of the Armed Forces and remain on active

12 duty for a period of not less than four consecutive years

13 may, upon the acceptance of the agreement by the Secretary

14 concerned, be paid an accession bonus in the amount deter15 mined by the Secretary concerned.

16 ‘‘(2) The amount of an accession bonus under para17 graph (1) may not exceed $400,000.

18 ‘‘(b) LIMITATION ON ELIGIBILITY FOR BONUS.—A per19 son may not be paid a bonus under subsection (a) if—

20 ‘‘(1) the person, in exchange for an agreement to

21 accept an appointment as an officer, received finan22 cial assistance from the Department of Defense to

23 pursue a course of study in dentistry; or
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1 ‘‘(2) the Secretary concerned determines that the

2 person is not qualified to become and remain certified

3 as a dentist in a specialty described in subsection (c).

4 ‘‘(c) COVERED SPECIALTIES.—A specialty described in

5 this subsection is a specialty designated by regulations as

6 a critically short wartime specialty.

7 ‘‘(d) AGREEMENT.—The agreement referred to in sub8 section (a) shall provide that, consistent with the needs of

9 the armed service concerned, the person executing the agree10 ment will be assigned to duty, for the period of obligated

11 service covered by the agreement, as an officer of the Dental

12 Corps of the Army or the Navy or as an officer of the Air

13 Force designated as a dental officer in a specialty described

14 in subsection (c).

15 ‘‘(e) REPAYMENT.—A person who, after executing an

16 agreement under subsection (a) is not commissioned as an

17 officer of the armed forces, does not become licensed as a

18 dentist or does not complete the period of active duty in

19 a specialty specified in the agreement, shall be subject to

20 the repayment provisions of section 303a(e) of this title.

21 ‘‘(f) COORDINATION WITH OTHER ACCESSION BONUS

22 AUTHORITY.—A person eligible to execute an agreement

23 under both subsection (a) and section 302h of this title shall

24 elect which authority to execute the agreement under. A per-
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1 son may not execute an agreement under both subsection

2 (a) and such section 302h.

3 ‘‘(g) TERMINATION OF AUTHORITY.—No agreement

4 under this section may be entered into after December 31,

5 2007.’’.

6 (d) CLERICAL AMENDMENT.—The table of sections at

7 the beginning of chapter 5 of such title is amended by in8 serting after the item relating to section 302j the following

9 new item:

‘‘302k. Special pay: accession bonus for medical officers in critically short wartime specialties.

‘‘302l. Special pay: accession bonus for dental specialist officers in critically short

wartime specialties.’’.

10 (e) EFFECTIVE DATE.—The amendments made by this

11 section shall take effect on October 1, 2006.

12 SEC. 617. INCREASE IN NUCLEAR CAREER ACCESSION

13 BONUS FOR NUCLEAR-QUALIFIED OFFICERS.

14 (a) INCREASE.—Section 312b(a)(1) of title 37, United

15 States Code, is amended by striking ‘‘$20,000’’ and insert16 ing ‘‘$30,000’’.

17 (b) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall take effect on October 1, 2006, and shall

19 apply with respect to agreements under section 312b of title

20 37, United States Code, entered into on or after that date.
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1 SEC. 618. MODIFICATION OF CERTAIN AUTHORITIES APPLI2 CABLE TO THE TARGETED SHAPING OF THE

3 ARMED FORCES.

4 (a) VOLUNTARY SEPARATION PAY AND BENEFITS.

5 (1) INCREASE IN MAXIMUM AMOUNT OF PAY.—

6 Subsection (f) of section 1175a of title 10, United

7 States Code, is amended by striking ‘‘two times’’ and

8 inserting ‘‘four times’’.

9 (2) EXTENSION OF AUTHORITY.—Subsection

10 (k)(1) of such section is amended by striking ‘‘Decem11 ber 31, 2008’’ and inserting ‘‘December 31, 2012’’.

12 (3) REPEAL OF LIMITATION ON APPLICABILITY.—

13 Subsection (b) of section 643 of the National Defense

14 Authorization Act for Fiscal Year 2006 (Public Law

15 109–163; 119 Stat. 3310; 10 U.S.C. 1175a note) is re16 pealed.

17 (b) RELAXATION OF LIMITATION ON SELECTIVE EARLY

18 RETIREMENT.—Section 638(a)(2) of title 10, United States

19 Code, is amended by adding at the end the following new

20 sentence: ‘‘However, during the period beginning on October

21 1, 2006, and ending on December 31, 2012, such number

22 may be more than 30 percent of the number of officers con23 sidered in each competitive category, but may not be more

24 than 30 percent of the number of officers considered in each

25 grade.’’.
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1 (c) ENHANCED AUTHORITY FOR SELECTIVE EARLY

2 RETIREMENT AND EARLY DISCHARGES.—

3 (1) RENEWAL OF AUTHORITY.—Subsection (a) of

4 section 638a of title 10, United States Code, is

5 amended by inserting ‘‘and during the period begin6 ning on October 1, 2006, and ending on December 31,

7 2012,’’ after ‘‘December 31, 2001,’’.

8 (2) RELAXATION OF LIMITATION ON SELECTIVE

9 EARLY RETIREMENT.—Subsection (c)(1) of such sec10 tion is amended by adding at the end the following

11 new sentence: ‘‘However, during the period beginning

12 on October 1, 2006, and ending on December 31,

13 2012, such number may be more than 30 percent of

14 the number of officers considered in each competitive

15 category, but may not be more than 30 percent of the

16 number of officers considered in each grade.’’.

17 (3) RELAXATION OF LIMITATION ON SELECTIVE

18 EARLY DISCHARGE.—Subsection (d)(2) of such section

19 is amended—

20 (A) in subparagraph (A), by inserting be21 fore the semicolon the following: ‘‘, except that

22 during the period beginning on October 1, 2006,

23 and ending on December 31, 2012, such number

24 may be more than 30 percent of the officers con25 sidered in each competitive category, but may
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1 not be more than 30 percent of the number of of2 ficers considered in each grade’’; and

3 (B) in subparagraph (B), by inserting be4 fore the period the following: ‘‘, except that dur5 ing the period beginning on October 1, 2006, and

6 ending on December 31, 2012, such number may

7 be more than 30 percent of the officers considered

8 in each competitive category, but may not be

9 more than 30 percent of the number of officers

10 considered in each grade’’.

11 (d) INCREASE IN AMOUNT OF INCENTIVE BONUS FOR

12 TRANSFER BETWEEN ARMED FORCES.—Section 327(d)(1)

13 of title 37, United States Code, is amended by striking

14 ‘‘$2,500’’ and inserting ‘‘$10,000’’.

15 SEC. 619. EXTENSION OF PILOT PROGRAM ON CONTRIBU16 TIONS TO THRIFT SAVINGS PLAN FOR INI17 TIAL ENLISTEES IN THE ARMY.

18 (a) EXTENSION.—Subsection (a) of section 606 of the

19 National Defense Authorization Act for Fiscal Year 2006

20 (Public Law 109–163; 119 Stat. 3287; 37 U.S.C. 211 note)

21 is amended by striking ‘‘During fiscal year 2006’’ and in22 serting ‘‘During the period beginning on January 6, 2006,

23 and ending on December 31, 2008’’.
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1 (b) REPORT DATE.—Subsection (d)(1) of such section

2 is amended by striking ‘‘February 1, 2007’’ and inserting

3 ‘‘February 1, 2008’’.

4 SEC. 620. ACCESSION BONUS FOR MEMBERS OF THE ARMED

5 FORCES APPOINTED AS COMMISSIONED OFFI6 CERS AFTER COMPLETING OFFICER CAN7 DIDATE SCHOOL.

8 (a) ACCESSION BONUS AUTHORIZED.—

9 (1) IN GENERAL.—Chapter 5 of title 37, United

10 States Code, is amended by adding at the end the fol11 lowing new section:

12 ‘‘§ 329. Special pay: accession bonus for officer can13 didates

14 ‘‘(a) ACCESSION BONUS AUTHORIZED.—Under regula15 tions prescribed by the Secretary concerned, a person who,

16 during the period beginning on October 1, 2006, and ending

17 on December 31, 2007, executes a written agreement de18 scribed in subsection (b) may, upon acceptance of the agree19 ment by the Secretary concerned, be paid an accession

20 bonus in an amount not to exceed $8,000 determined by

21 the Secretary concerned.

22 ‘‘(b) AGREEMENT.—A written agreement described in

23 this subsection is a written agreement by a person—

24 ‘‘(1) to complete officer candidate school;
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1 ‘‘(2) to accept a commission or appointment as

2 an officer of the armed forces; and

3 ‘‘(3) to serve on active duty as a commissioned

4 officer for a period specified in such agreement.

5 ‘‘(c) PAYMENT METHOD.—Upon acceptance of a writ6 ten agreement under subsection (a) by the Secretary con7 cerned, the total amount of the accession bonus payable

8 under the agreement becomes fixed. The agreement shall

9 specify whether the accession bonus will be paid in a lump

10 sum or installments.

11 ‘‘(d) REPAYMENT.—A person who, having received all

12 or part of the bonus under a written agreement under sub13 section (a), does not complete the total period of active duty

14 as a commissioned officer as specified in such agreement

15 shall be subject to the repayment provisions of section

16 303a(e) of this title.’’.

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions at the beginning of chapter 5 of such title is

19 amended by adding at the end the following new item:

‘‘329. Special pay: accession bonus for officer candidates.’’.

20 (3) EFFECTIVE DATE.—The amendments made

21 by this subsection shall take effect on October 1, 2006.

22 (b) AUTHORITY FOR PAYMENT OF BONUS UNDER EAR23 LIER AGREEMENTS.—

24 (1) IN GENERAL.—The Secretary of the Army

25 may pay a bonus to a person who, during the period
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1 beginning on April 1, 2005, and ending on April 6,

2 2006, executed an agreement to enlist for the purpose

3 of attending officer candidate school and receive a

4 bonus under section 309 of title 37, United States

5 Code, and who has completed the terms of the agree6 ment required for payment of the bonus.

7 (2) LIMITATION ON AMOUNT.—The amount of the

8 bonus payable to a person under this subsection may

9 not exceed $8,000.

10 (3) CONSTRUCTION WITH ENLISTMENT BONUS.—

11 The bonus payable under this subsection is in addi12 tion to a bonus payable under section 309 of title 37,

13 United States Code, or any other provision of law.

14 SEC. 621. ENHANCEMENT OF BONUS TO ENCOURAGE MEM15 BERS OF THE ARMY TO REFER OTHER PER16 SONS FOR ENLISTMENT IN THE ARMY.

17 (a) INDIVIDUALS ELIGIBLE FOR BONUS.—Subsection

18 (a) of section 645 of the National Defense Authorization Act

19 for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3310)

20 is amended—

21 (1) by striking ‘‘The Secretary’’ and inserting

22 the following:

23 ‘‘(1) IN GENERAL.—The Secretary’’;

24 (2) by striking ‘‘a member of the Army, whether

25 in the regular component of the Army or in the Army
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1 National Guard or Army Reserve,’’ and inserting ‘‘an

2 individual referred to in paragraph (2)’’; and

3 (3) by adding at the end the following new para4 graph:

5 ‘‘(2) INDIVIDUALS ELIGIBLE FOR BONUS.—Sub6 ject to subsection (c), the following individuals are eli7 gible for a referral bonus under this section:

8 ‘‘(A) A member in the regular component of

9 the Army.

10 ‘‘(B) A member of the Army National

11 Guard.

12 ‘‘(C) A member of the Army Reserve.

13 ‘‘(D) A member of the Army in a retired

14 status, including a member under 60 years of

15 age who, but for age, would be eligible for retired

16 pay.

17 ‘‘(E) A civilian employee of the Department

18 of the Army.’’.

19 (b) AMOUNT OF BONUS.—Subsection (d) of such sec20 tion is amended to read as follows:

21 ‘‘(d) AMOUNT OF BONUS.—The amount of the bonus

22 payable for a referral under subsection (a) may not exceed

23 $2,000. The amount shall be payable in two lump sums as

24 provided in subsection (e).’’.
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1 (c) PAYMENT OF BONUS.—Subsection (e) of such sec2 tion is amended to read as follows:

3 ‘‘(e) PAYMENT.—A bonus payable for a referral of a

4 person under subsection (a) shall be paid as follows:

5 ‘‘(1) Not more than $1,000 shall be paid upon

6 the commencement of basic training by the person re7 ferred.

8 ‘‘(2) Not more than $1,000 shall be paid upon

9 the completion of basic training and individual ad10 vanced training by the person referred.’’.

11 (d) COORDINATION WITH RECEIPT OF RETIRED

12 PAY.—Such section is further amended—

13 (1) by redesignating subsection (g) as subsection

14 (h); and

15 (2) by inserting after subsection (f) the following

16 new subsection (g):

17 ‘‘(g) COORDINATION WITH RECEIPT OF RETIRED

18 PAY.—A bonus paid under this section to a member of the

19 Army in a retired status is in addition to any compensa20 tion to such member is entitled under title 10, 37, or 38,

21 United States Code, or under any other provision of law.’’.

22 (e) EFFECTIVE DATE.—The amendments made by this

23 section shall take effect on the date of the enactment of this

24 Act, and shall apply with respect to bonuses payable under

25 section 645 of the National Defense Authorization Act for
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1 Fiscal Year 2006, as amended by this section, on or after

2 that date.

3 Subtitle C—Travel and

4 Transportation Allowances

5 SEC. 631. EXPANSION OF PAYMENT OF REPLACEMENT

6 VALUE OF PERSONAL PROPERTY DAMAGED

7 DURING TRANSPORT AT GOVERNMENT EX8 PENSE.

9 (a) COVERAGE OF PROPERTY OF CIVILIAN EMPLOYEES

10 OF DEPARTMENT OF DEFENSE.—Subsection (a) of section

11 2636a of title 10, United States Code, is amended by insert12 ing ‘‘or civilian employees of the Department of Defense’’

13 after ‘‘members of the armed forces’’.

14 (b) REQUIREMENT FOR PAYMENT.—Effective March 1,

15 2008, such subsection is further amended by striking ‘‘may

16 include’’ and inserting ‘‘shall include’’.

17 (c) REQUIREMENT FOR DEDUCTION UPON FAILURE OF

18 CARRIER TO SETTLE.—Subsection (b) of such section is

19 amended by striking ‘‘may be deducted’’ and inserting

20 ‘‘shall be deducted’’.

21 (d) CERTIFICATION ON FAMILIES FIRST PROGRAM.—

22 The Secretary of Defense shall submit to the congressional

23 defense committees a report containing the certifications of

24 the Secretary on the following matters with respect to the
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1 program of the Department of Defense known as ‘‘Families

2 First’’:

3 (1) Whether there is an alternative to the system

4 under the program that would provide equal or great5 er capability at less cost.

6 (2) Whether the estimates on costs, and the an7 ticipated schedule and performance parameters, for

8 the program and system are reasonable.

9 (3) Whether the management structure for the

10 program is adequate to manage and control program

11 costs.

12 (e) COMPTROLLER GENERAL REPORTS ON FAMILIES

13 FIRST PROGRAM.—

14 (1) REVIEW.—The Comptroller General of the

15 United States shall conduct a review and assessment

16 of the progress of the Department of Defense in imple17 menting the Families First program.

18 (2) ELEMENTS.—In conducting the review and

19 assessment required by paragraph (1), the Comp20 troller General shall—

21 (A) assess the progress of the Department in

22 achieving the goals of the Families First pro23 gram, including progress in the development and

24 deployment of the Defense Personal Property

25 System;
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1 (B) assess the organization, staffing, re2 sources, and capabilities of the Defense Personal

3 Property System Project Management Office es4 tablished on April 7, 2006;

5 (C) evaluate the growth in cost of the pro6 gram since the previous assessment of the pro7 gram by the Comptroller General, and estimate

8 the current annual cost of the Defense Personal

9 Property System and each component of that

10 system; and

11 (D) assess the feasibility of implementing

12 processes and procedures, pending the satisfac13 tory development of the Defense Personal Prop14 erty System, which would achieve the goals of the

15 program of providing improved personal prop16 erty management services to members of the

17 Armed Forces.

18 (3) REPORTS.—The Comptroller General shall

19 submit to the Committees on Armed Services of the

20 Senate and the House of Representatives reports as

21 follows:

22 (A) An interim report on the review and as23 sessment required by paragraph (1) not later

24 than December 1, 2006.
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1 (B) A final report on the review and assess2 ment by not later than June 1, 2007.

3 Subtitle D—Retired Pay and

4 Survivor Benefits

5 SEC. 641. MODIFICATION OF DEPARTMENT OF DEFENSE

6 CONTRIBUTIONS TO MILITARY RETIREMENT

7 FUND AND GOVERNMENT CONTRIBUTIONS

8 TO MEDICARE-ELIGIBLE RETIREE HEALTH

9 CARE FUND.

10 (a) DEPARTMENT OF DEFENSE MILITARY RETIRE11 MENT FUND.—

12 (1) DETERMINATION OF CONTRIBUTIONS.—Sec13 tion 1465 of title 10, United States Code, is

14 amended—

15 (A) in subsection (b)(1)—

16 (i) in subparagraph (A)(ii)—

17 (I) by striking ‘‘(other than active

18 duty for training)’’;

19 (II) by striking ‘‘(other than full20 time National Guard duty for training

21 only)’’; and

22 (III) by inserting before the pe23 riod at the end the following: ‘‘, except

24 that amounts expected to be paid to

25 members who would be excluded from
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1 counting for active-duty end strength

2 purposes by section 115(i) of this title

3 for duty covered by such section shall

4 be excluded’’; and

5 (ii) in subparagraph (B)(ii)—

6 (I) by striking ‘‘Ready Reserve’’

7 and inserting ‘‘Selected Reserve’’; and

8 (II) by striking ‘‘and other than

9 members on full-time National Guard

10 duty other than for training) who are’’

11 and inserting ‘‘) for duty’’; and

12 (B) in subsection (c)(1)—

13 (i) in subparagraph (A)—

14 (I) by striking ‘‘(other than active

15 duty for training)’’;

16 (II) by striking ‘‘(other than full17 time National Guard duty for training

18 only)’’; and

19 (III) by inserting ‘‘other than

20 members who would be excluded from

21 counting for active-duty end strength

22 purposes by section 115(i) of this title

23 for duty covered by such section,’’ after

24 ‘‘full-time National Guard duty,’’; and

25 (ii) in subparagraph (B)—
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1 (I) by striking ‘‘Ready Reserve’’

2 and inserting ‘‘Selected Reserve’’; and

3 (II) by striking ‘‘and other than

4 members on full-time National Guard

5 duty other than for training) who are’’

6 and inserting ‘‘) for duty’’.

7 (2) PAYMENTS.—Section 1466(a) of such title is

8 amended—

9 (A) in paragraph (1)(B)—

10 (i) by striking ‘‘(other than active duty

11 for training)’’;

12 (ii) by striking ‘‘(other than full-time

13 National Guard duty for training only)’’;

14 and

15 (iii) by inserting before the period at

16 the end the following: ‘‘, except that

17 amounts accrued for that month by mem18 bers who would be excluded from counting

19 for active-duty end strength purposes by sec20 tion 115(i) of this title for duty covered by

21 such section shall be excluded’’; and

22 (B) in paragraph (2)(B)—

23 (i) by striking ‘‘Ready Reserve’’ and

24 inserting ‘‘Selected Reserve’’; and
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1 (ii) by striking ‘‘and other than mem2 bers on full-time National Guard duty other

3 than for training) who are’’ and inserting

4 ‘‘) for duty’’.

5 (b) DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE

6 RETIREE HEALTH CARE FUND.—

7 (1) EXCLUSION OF CADETS AND MIDSHIPMEN

8 FROM TREATMENT ON ACTIVE DUTY.—Section 1111(b)

9 of such title is amended by adding at the end the fol10 lowing new paragraph:

11 ‘‘(5) The term ‘members of the uniformed services

12 on active duty’ does not include a cadet at the United

13 States Military Academy, the United States Air Force

14 Academy, or the United States Coast Guard Acad15 emy, or a midshipman at the United States Naval

16 Academy.’’.

17 (2) DETERMINATION OF CONTRIBUTIONS.—Sec18 tion 1115 of such title is amended—

19 (A) in subsection (b)—

20 (i) in paragraph (1)(B)—

21 (I) by striking ‘‘(other than active

22 duty for training)’’;

23 (II) by striking ‘‘(other than full24 time National Guard duty for training

25 only)’’; and
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1 (III) by inserting before the pe2 riod at the end the following: ‘‘, other

3 than members who would be excluded

4 from counting for active-duty end

5 strength purposes by section 115(i) of

6 this title for duty covered by such sec7 tion’’; and

8 (ii) in paragraph (2)(B)—

9 (I) by striking ‘‘Ready Reserve’’

10 and inserting ‘‘Selected Reserve’’; and

11 (II) by striking ‘‘other than mem12 bers on full-time National Guard duty

13 other than for training)’’; and

14 (B) in subsection (c)(1)—

15 (i) in subparagraph (A)—

16 (I) by striking ‘‘(other than active

17 duty for training)’’;

18 (II) by striking ‘‘(other than full19 time National Guard duty for training

20 only)’’; and

21 (III) by inserting before the semi22 colon the following: ‘‘, other than mem23 bers who would be excluded from

24 counting for active-duty end strength
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1 purposes by section 115(i) of this title

2 for duty covered by such section’’; and

3 (ii) in subparagraph (B)—

4 (I) by striking ‘‘Ready Reserve’’

5 and inserting ‘‘Selected Reserve’’; and

6 (II) by striking ‘‘(other than

7 members on full-time National Guard

8 duty other than for training)’’.

9 (c) EFFECTIVE DATE.—The amendments made by this

10 section shall take effect on October 1, 2007.

11 SEC. 642. REPEAL OF REQUIREMENT OF REDUCTION OF

12 SBP SURVIVOR ANNUITIES BY DEPENDENCY

13 AND INDEMNITY COMPENSATION.

14 (a) REPEAL.—

15 (1) IN GENERAL.—Subchapter II of chapter 73 of

16 title 10, United States Code, is amended as follows:

17 (A) In section 1450, by striking subsection

18 (c).

19 (B) In section 1451(c)—

20 (i) by striking paragraph (2); and

21 (ii) by redesignating paragraphs (3)

22 and (4) as paragraphs (2) and (3), respec23 tively.

24 (2) CONFORMING AMENDMENTS.—Such sub25 chapter is further amended as follows:
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1 (A) In section 1450—

2 (i) by striking subsection (e); and

3 (ii) by striking subsection (k).

4 (B) In section 1451(g)(1), by striking sub5 paragraph (C).

6 (C) In section 1452—

7 (i) in subsection (f)(2), by striking

8 ‘‘does not apply—’’ and all that follows and

9 inserting ‘‘does not apply in the case of a

10 deduction made through administrative

11 error.’’; and

12 (ii) by striking subsection (g).

13 (D) In section 1455(c), by striking ‘‘,

14 1450(k)(2),’’.

15 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No

16 benefits may be paid to any person for any period before

17 the effective date provided under subsection (e) by reason

18 of the amendments made by subsection (a).

19 (c) RETURN OF SBP PREMIUMS PREVIOUSLY RE20 FUNDED TO SBP RECIPIENTS.—

21 (1) RETURN OF CERTAIN REFUNDED AMOUNTS

22 REQUIRED.—Under regulations prescribed by the Sec23 retary of Defense, a surviving spouse who is or has

24 been in receipt of an annuity under the Survivor

25 Benefit Plan under subchapter II of chapter 73 of
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1 title 10, United States Code, that is in effect before

2 the effective date provided under subsection (e) and

3 that is adjusted by reason of the amendments made

4 by subsection (a) and who has received a refund of re5 tired pay under section 1450(e) of title 10, United

6 States Code (as in effect on the day before the effective

7 date provided under subsection (e)), shall be required

8 to repay such refund to the United States.

9 (2) TERMS AND CONDITIONS.—A surviving

10 spouse repaying a refund to the United States under

11 this subsection shall not be required to pay the United

12 States any interest that would otherwise accrue or

13 have accrued on any balance of such refund while

14 such balance remains unpaid to the United States

15 under this subsection. The amount repayable to the

16 United States shall be repayable in a lump sum or

17 over a period of years (not to exceed 10 years) agreed

18 to by the surviving spouse or specified by the Sec19 retary of Defense, in the absence of such an agree20 ment.

21 (3) WAIVER OF REPAYMENT.—The Secretary of

22 Defense may waive the repayment of a refund under

23 this subsection if the Secretary determines that—

24 (A) hardship or other circumstances make

25 repayment of such refund unwarranted;
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1 (B) repayment of such refund would other2 wise not be in the best interests of the United

3 States.

4 (d) RECONSIDERATION OF OPTIONAL ANNUITY.—Sec5 tion 1448(d)(2)(B) of title 10, United States Code, is

6 amended by adding at the end the following new sentences:

7 ‘‘The surviving spouse, however, may elect to terminate an

8 annuity under this subparagraph in accordance with regu9 lations prescribed by the Secretary concerned. Upon such

10 an election, payment of an annuity to dependent children

11 under this subparagraph shall terminate effective on the

12 first day of the first month that begins after the date on

13 which the Secretary concerned receives notice of the election,

14 and, beginning on that day, an annuity shall be paid to

15 the surviving spouse under paragraph (1) instead.’’.

16 (e) EFFECTIVE DATE.—The amendments made by this

17 section shall take effect on the later of—

18 (1) the first day of the first month that begins

19 after the date of the enactment of this Act; or

20 (2) the first day of the fiscal year that begins in

21 the calendar year in which this Act is enacted.
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1 SEC. 643. EFFECTIVE DATE OF PAID-UP COVERAGE UNDER

2 SURVIVOR BENEFIT PLAN.

3 Section 1452(j) of title 10, United States Code, is

4 amended by striking ‘‘October 1, 2008’’ and inserting ‘‘Oc5 tober 1, 2006’’.

6 SEC. 644. EXPANSION OF CONDITIONS FOR DIRECT PAY7 MENT OF DIVISIBLE RETIRED PAY.

8 (a) REPEAL OF CERTAIN CONDITION.—Section

9 1408(d) of title 10, United States Code, is amended—

10 (1) by striking paragraph (2); and

11 (2) by redesignating paragraphs (3) through (7)

12 as paragraphs (2) through (6), respectively.

13 (b) EFFECTIVE DATE.—

14 (1) IN GENERAL.—The amendments made by

15 subsection (a) shall take effect on the first day of the

16 first month that begins more than 120 days after the

17 date of the enactment of this Act.

18 (2) PROHIBITION ON RETROACTIVE PAYMENTS.—

19 No payment may be made under section 1408(d) of

20 title 10, United States Code, to or for the benefit of

21 any person covered by paragraph (2) of such section

22 (as in effect on the day before the effective date speci23 fied in paragraph (1)) for any period before such ef24 fective date.
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1 SEC. 645. AUTHORITY FOR COST OF LIVING ADJUSTMENTS

2 OF RETIRED PAY TREATED AS DIVISIBLE

3 PROPERTY.

4 (a) IN GENERAL.—Section 1408 of title 10, United

5 States Code, is amended—

6 (1) by redesignating subsections (i), (j), and (k)

7 as subsections (j), (k), and (l), respectively; and

8 (2) by inserting after subsection (h) the following

9 new subsection (i):

10 ‘‘(i) COST OF LIVING ADJUSTMENTS OF DIVISIBLE

11 PROPERTY.—A court order under subsection (a)(2)(C) may

12 provide for the adjustment of the amount, if expressed in

13 dollars, payable from the disposable retired pay of a mem14 ber at the same time and in the same manner as retired

15 pay is adjusted to reflect changes in the Consumer Price

16 Index under section 1401a of this title.’’.

17 (b) EFFECTIVE DATE.—The amendments made by sub18 section (a) shall take effect on the date of the enactment

19 of this Act, and shall apply with respect to court orders

20 that become effective after the end of the 90-day period be21 ginning on the date of enactment of this Act.

22 SEC. 646. NOTICE AND COPY TO MEMBERS OF COURT OR23 DERS ON PAYMENT OF RETIRED PAY.

24 (a) WAIVER OF NOTICE.—Subsection (g) of section

25 1408 of title 10, United States Code, is amended—

26 (1) by inserting ‘‘(1)’’ before ‘‘A person’’; and
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1 (2) by adding at the end the following new para2 graph:

3 ‘‘(2) A member may waive receipt of notice on a court

4 order otherwise required by paragraph (1). The waiver shall

5 take such form and include such requirements as the Sec6 retary concerned may prescribe.’’.

7 (b) COPY OF COURT ORDER UPON REQUEST.—Such

8 subsection is further amended—

9 (1) in paragraph (1), as designated by subsection

10 (a)(1) of this section, by striking ‘‘(together with a

11 copy of such order)’’; and

12 (2) by adding at the end the following new para13 graph:

14 ‘‘(3) Upon the request of a member, written notice of

15 a court order under paragraph (1) shall include a copy of

16 the court order.’’.

17 (c) EFFECTIVE DATE.—The amendments made by this

18 section shall take effect on the date that is 90 days after

19 the date of the enactment of this Act, and shall apply with

20 respect to court orders received on or after such date.
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1 SEC. 647. RETENTION OF ASSISTIVE TECHNOLOGY AND DE2 VICES BY CERTAIN MEMBERS OF THE ARMED

3 FORCES AFTER SEPARATION FROM SERVICE.

4 (a) RETENTION AUTHORIZED.—Chapter 58 of title 10,

5 United States Code, is amended by adding at the end the

6 following new section:

7 ‘‘§ 1154. Retention of assistive technology and devices

8 provided before separation

9 ‘‘(a) IN GENERAL.—Under regulations prescribed by

10 the Secretary of Defense, a member of the armed forces who

11 is provided an assistive technology or assistive technology

12 device while a member of the armed forces for a severe or

13 debilitating illness or injury incurred or aggravated by such

14 member on active duty may retain such assistive technology

15 or assistive technology device after separation from the

16 armed forces.

17 ‘‘(b) DEFINITIONS.—In this section, the terms ‘assist18 ive technology’ and ‘assistive technology device’ have the

19 meaning given such terms in section 3 of the Assistive Tech20 nology Act of 1998 (29 U.S.C. 3002).’’.

21 (b) CLERICAL AMENDMENT.—The table of sections at

22 the beginning of chapter 58 of such title is amended by add23 ing at the end the following new item:

‘‘1154. Retention of assistive technology and devices provided before separation.’’.
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1 SEC. 648. RENAMING OF DEATH GRATUITY PAYABLE FOR

2 DEATHS OF MEMBERS OF THE ARMED

3 FORCES AS FALLEN HERO COMPENSATION.

4 (a) IN GENERAL.—Subchapter II of chapter 75 of title

5 10, United States Code, is amended as follows:

6 (1) In section 1475(a), by striking ‘‘have a death

7 gratuity paid’’ and inserting ‘‘have fallen hero com8 pensation paid’’.

9 (2) In section 1476(a)—

10 (A) in paragraph (1), by striking ‘‘a death

11 gratuity’’ and inserting ‘‘fallen hero compensa12 tion’’; and

13 (B) in paragraph (2), by striking ‘‘A death

14 gratuity’’ and inserting ‘‘Fallen hero compensa15 tion’’.

16 (3) In section 1477(a), by striking ‘‘A death gra17 tuity’’ and inserting ‘‘Fallen hero compensation’’.

18 (4) In section 1478(a), by striking ‘‘The death

19 gratuity’’ and inserting ‘‘The amount of fallen hero

20 compensation’’.

21 (5) In section 1479(1), by striking ‘‘the death

22 gratuity’’ and inserting ‘‘fallen hero compensation’’.

23 (6) In section 1489—

24 (A) in subsection (a), by striking ‘‘a gra25 tuity’’ in the matter preceding paragraph (1)

26 and inserting ‘‘fallen hero compensation’’; and
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1 (B) in subsection (b)(2), by inserting ‘‘or

2 other assistance’’ after ‘‘lesser death gratuity’’.

3 (b) CLERICAL AMENDMENTS.—

4 (1) HEADING AMENDMENTS.—Such subchapter is

5 further amended by striking ‘‘Death Gratuity:’’

6 each place it appears in the heading of sections 1475

7 through 1480 and 1489 and inserting ‘‘Fallen

8 Hero Compensation:’’.

9 (2) TABLE OF SECTIONS.—The table of sections

10 at the beginning of such subchapter is amended by

11 striking ‘‘Death gratuity:’’ in the items relating to

12 sections 1474 through 1480 and 1489 and inserting

13 ‘‘Fallen hero compensation:’’.

14 (c) GENERAL REFERENCES.—Any reference to a death

15 gratuity payable under subchapter II of chapter 75 of title

16 10, United States Code, in any law, regulation, document,

17 paper, or other record of the United States shall be deemed

18 to be a reference to fallen hero compensation payable under

19 such subchapter, as amended by this section.
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1 SEC. 649. EFFECTIVE DATE OF TERMINATION OF PHASE-IN

2 OF CONCURRENT RECEIPT FOR VETERANS

3 WITH SERVICE-CONNECTED DISABILITIES

4 RATED AS TOTAL BY VIRTUE OF

5 UNEMPLOYABILITY.

6 (a) IN GENERAL.—Section 1414(a)(1) of title 10,

7 United States Code, is amended by striking ‘‘100 percent’’

8 the first place it appears and all that follows and inserting

9 ‘‘100 percent and in the case of a qualified retiree receiving

10 veterans’ disability compensation at the rate payable for

11 a 100 percent disability by reason of a determination of

12 individual unemployability, payment of retired pay to such

13 veteran is subject to subsection (c) only during the period

14 beginning on January 1, 2004, and ending on December

15 31, 2004.’’.

16 (b) EFFECTIVE DATE.—The amendment made by sub17 section (a) shall take effect on December 31, 2004.

18 SEC. 650. DETERMINATION OF RETIRED PAY BASE OF GEN19 ERAL AND FLAG OFFICERS BASED ON RATES

20 OF BASIC PAY PROVIDED BY LAW.

21 (a) DETERMINATION OF RETIRED PAY BASE.—

22 (1) IN GENERAL.—Chapter 71 of title 10, United

23 States Code, is amended by inserting after section

24 1407 the following new section:
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1 ‘‘§ 1407a. Retired pay base: members who were general

2 or flag officers

3 ‘‘Notwithstanding any other provision of law, if the

4 determination of the retired pay base or retainer pay base

5 under section 1406 or 1407 of this title with respect to a

6 person who was a commissioned officer in pay grades O–

7 7 through O–10 involves a rate or rates of basic pay that

8 were subject to a reduction under section 203(a)(2) of title

9 37, such determination shall be made utilizing such rate

10 or rates of basic pay in effect as provided by law rather

11 than such rate or rates as so reduced under section

12 203(a)(2) of title 37.’’.

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions for chapter 71 of such title is amended by in15 serting after the item relating to section 1407 the fol16 lowing new item:

‘‘1407a. Retired pay base: members who were general or flag officers.’’.

17 (b) EFFECTIVE DATE.—The amendments made by sub18 section (a) shall take effect on October 1, 2006, and shall

19 apply with respect to the computation of retired pay for

20 members of the Armed Forces who retire on or after that

21 date.
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1 SEC. 651. INAPPLICABILITY OF RETIRED PAY MULTIPLIER

2 MAXIMUM PERCENTAGE TO SERVICE OF MEM3 BERS OF THE ARMED FORCES IN EXCESS OF

4 30 YEARS.

5 (a) IN GENERAL.—Paragraph (3) of section 1409(b)

6 of title 10, United States Code, is amended to read as fol7 lows:

8 ‘‘(3) 30 YEARS OF SERVICE.—

9 ‘‘(A) RETIREMENT BEFORE JANUARY 1,

10 2007.—In the case of a member who retires be11 fore January 1, 2007, with more than 30 years

12 of creditable service, the percentage to be used

13 under subsection (a) is 75 percent.

14 ‘‘(B) RETIREMENT AFTER DECEMBER 31,

15 2006.—In the case of a member who retires after

16 December 31, 2006, with more than 30 years of

17 creditable service, the percentage to be used

18 under subsection (a) is the sum of—

19 ‘‘(i) 75 percent; and

20 ‘‘(ii) the product (stated as a percent21 age) of—

‘‘(I) 21 22 ⁄2; and

23 ‘‘(II) the member’s years of cred24 itable service (as defined in subsection

25 (c)) in excess of 30 years of creditable

26 service in any service, regardless of
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1 when served, under conditions author2 ized for purposes of this subparagraph

3 during a period designated by the Sec4 retary of Defense for purposes of this

5 subparagraph.’’.

6 (b) RETIRED PAY FOR NON-REGULAR SERVICE.—Sec7 tion 12739(c) of such title is amended—

8 (1) by striking ‘‘The total amount’’ and insert9 ing ‘‘(1) Except as provided in paragraph (2), the

10 total amount’’; and

11 (2) by adding at the end the following new para12 graph:

13 ‘‘(2) In the case of a person who retires after December

14 31, 2006, with more than 30 years of service credited to

15 that person under section 12733 of this title, the total

16 amount of the monthly retired pay computed under sub17 sections (a) and (b) may not exceed the sum of—

18 ‘‘(A) 75 percent of the retired pay base upon

19 which the computation is based; and

20 ‘‘(B) the product of—

21 ‘‘(i) the retired pay base upon which the

22 computation is based; and

‘‘(ii) 21 23 ⁄2 percent of the years of service

24 credited to that person under section 12733 of

25 this title for service, regardless of when served,
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1 under conditions authorized for purposes of this

2 paragraph during a period designated by the

3 Secretary of Defense for purposes of this para4 graph.’’.

5 SEC. 652. MODIFICATION OF ELIGIBILITY FOR COMMENCE6 MENT OF AUTHORITY FOR OPTIONAL ANNU7 ITIES FOR DEPENDENTS UNDER THE SUR8 VIVOR BENEFIT PLAN.

9 (a) IN GENERAL.—Section 1448(d)(2)(B) of title 10,

10 United States Code, is amended by striking ‘‘who dies after

11 November 23, 2003’’ and inserting ‘‘who dies after October

12 7, 2001’’.

13 (b) APPLICABILITY.—Any annuity payable to a de14 pendent child under subchapter II of chapter 73 of title 10,

15 United States Code, by reason of the amendment made by

16 subsection (a) shall be payable only for months beginning

17 on or after the date of the enactment of this Act.

18 SEC. 653. COMMENCEMENT OF RECEIPT OF NON-REGULAR

19 SERVICE RETIRED PAY BY MEMBERS OF THE

20 READY RESERVE ON ACTIVE FEDERAL STA21 TUS OR ACTIVE DUTY FOR SIGNIFICANT PERI22 ODS.

23 (a) REDUCED ELIGIBILITY AGE.—Section 12731 of

24 title 10, United States Code, is amended—
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1 (1) in subsection (a), by striking paragraph (1)

2 and inserting the following:

3 ‘‘(1) has attained the eligibility age applicable

4 under subsection (f) to that person;’’; and

5 (2) by adding at the end the following new sub6 section:

7 ‘‘(f)(1) Subject to paragraph (2), the eligibility age for

8 purposes of subsection (a)(1) is 60 years of age.

9 ‘‘(2)(A) In the case of a person who as a member of

10 the Ready Reserve serves on active duty or performs active

11 service described in subparagraph (B) after September 11,

12 2001, the eligibility age for purposes of subsection (a)(1)

13 shall be reduced below 60 years of age by three months for

14 each aggregate of 90 days on which such person so performs

15 in any fiscal year after such date, subject to subparagraph

16 (C). A day of duty may be included in only one aggregate

17 of 90 days for purposes of this subparagraph.

18 ‘‘(B)(i) Service on active duty described in this sub19 paragraph is service on active duty pursuant to a call or

20 order to active duty under a provision of law referred to

21 in section 101(a)(13)(B) of this title or under section

22 12301(d) of this title. Such service does not include service

23 on active duty pursuant to a call or order to active duty

24 under section 12310 of this title.
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1 ‘‘(ii) Active service described in this subparagraph is

2 service under a call to active service authorized by the

3 President or the Secretary of Defense under section 502(f)

4 of title 32 for purposes of responding to a national emer5 gency declared by the President or supported by Federal

6 funds.

7 ‘‘(C) The eligibility age for purposes of subsection

8 (a)(1) may not be reduced below 50 years of age for any

9 person under subparagraph (A).’’.

10 (b) CONTINUATION OF AGE 60 AS MINIMUM AGE FOR

11 ELIGIBILITY OF NON-REGULAR SERVICE RETIREES FOR

12 HEALTH CARE.—Section 1074(b) of such title is

13 amended—

14 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

15 (2) by adding at the end the following new para16 graph:

17 ‘‘(2) Paragraph (1) does not apply to a member or

18 former member entitled to retired pay for non-regular serv19 ice under chapter 1223 of this title who is under 60 years

20 of age.’’.

21 (c) ADMINISTRATION OF RELATED PROVISIONS OF

22 LA W OR POLICY.—With respect to any provision of law,

23 or of any policy, regulation, or directive of the executive

24 branch that refers to a member or former member of the

25 uniformed services as being eligible for, or entitled to, re-
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1 tired pay under chapter 1223 of title 10, United States

2 Code, but for the fact that the member or former member

3 is under 60 years of age, such provision shall be carried

4 out with respect to that member or former member by sub5 stituting for the reference to being 60 years of age a ref6 erence to having attained the eligibility age applicable

7 under subsection (f) of section 12731 of title 10, United

8 States Code (as added by subsection (a)), to such member

9 or former member for qualification for such retired pay

10 under subsection (a) of such section.

11 (d) EFFECTIVE DATE AND APPLICABILITY.—The

12 amendment made by subsection (a) shall take effect as of

13 September 11, 2001, and shall apply with respect to appli14 cations for retired pay that are submitted under section

15 12731(a) of title 10, United States Code, on or after the

16 date of the enactment of this Act.

17 Subtitle E—Other Matters

18 SEC. 661. AUDIT OF PAY ACCOUNTS OF MEMBERS OF THE

19 ARMY EVACUATED FROM A COMBAT ZONE

20 FOR INPATIENT CARE.

21 (a) AUDIT REQUIRED.—

22 (1) IN GENERAL.—The Secretary of the Army

23 shall conduct a complete audit of the pay accounts of

24 each member of the Army wounded or injured in a

25 combat zone who was evacuated from a theater of op-
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1 erations for inpatient care during the period begin2 ning on May 1, 2005, and ending on April 30, 2006.

3 (2) REPORT.—Not later than 120 days after the

4 date of the enactment of this Act, the Secretary shall

5 submit to the congressional defense committees a re6 port on the audit conducted under paragraph (1).

7 (3) REPORT ELEMENTS.—The report under

8 paragraph (2) shall include the following:

9 (A) A list of each member of the Army de10 scribed in paragraph (1) identified (in a manner

11 that protects the privacy of members so listed)

12 by—

13 (i) date of wound or injury on which

14 inclusion of such member on the list is

15 based; and

16 (ii) grade and unit designation as of

17 such date.

18 (B) For each member so listed, a statement

19 of any underpayment of each of any pay, allow20 ance, or other monetary benefit to which such

21 member was entitled during the period beginning

22 on the date of such wound or injury and ending

23 on April 30, 2006, including basic pay, haz24 ardous duty pay, imminent danger pay, basic

25 allowance for housing, basic allowance for sub-
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1 sistence, any family separation allowance, any

2 tax exclusion for combat duty, and any other

3 pay, allowance, or monetary benefit to which

4 such member was entitled during such period.

5 (C) For each member so listed, a statement

6 of any disbursements made to correct underpay7 ments made to such member as identified under

8 subparagraph (B).

9 (D) For each member so listed, a statement

10 of any debts to the United States collected or

11 pending collection from such member.

12 (E) For each member so listed, a statement

13 of any reimbursements or debt relief granted to

14 such member for a debt identified under sub15 paragraph (D).

16 (F) For each member so listed who has ap17 plied to the United States for a relief of debt—

18 (i) a description of the nature of the

19 debt for which relief was applied; and

20 (ii) a description of the disposition of

21 the application, including, if granted, the

22 date of disbursement for relief granted, and,

23 if denied, the reasons for the denial.
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1 (G) For each member so listed, a report of

2 any referral of such member to a collection or

3 credit agency.

4 (4) FORM.—The report under paragraph (2)

5 shall be in unclassified form, but may include a clas6 sified annex.

7 (b) ASSISTANCE WITH PA Y OR ACCOUNT DIFFICUL8 TIES.—

9 (1) CALL ASSISTANCE CENTER.—Not later than

10 60 days after the date of the enactment of this Act,

11 the Secretary of Defense shall establish within the De12 partment of Defense an assistance center, accessible by

13 toll-free telephone call, through which a covered mem14 ber of the Armed Forces, or the primary next of kin

15 of such a member in the case of such a member who

16 dies, may secure assistance in resolving difficulties re17 lating to the military pay or accounts of such mem18 ber.

19 (2) REQUESTS FOR ASSISTANCE.—A request for

20 assistance under paragraph (1) may be made—

21 (A) by a covered member of the Armed

22 Forces; or

23 (B) by the primary next of kin on behalf of,

24 or with respect to, a covered member of the

25 Armed Forces.
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1 (3) RESPONSE TO REQUESTS FOR ASSISTANCE.—

2 The Secretary shall ensure that, in providing assist3 ance under paragraph (1) to a covered member of the

4 Armed Forces or next of kin of such a member, per5 sonnel of the assistance center established under that

6 paragraph—

7 (A) provide an initial response to the re8 quest for assistance under paragraph (2) not

9 later than 10 days after receipt of such request;

10 and

11 (B) provide a final response to the request

12 for assistance under that paragraph not later

13 than 30 days after receipt of such request.

14 (4) COVERED MEMBER OF THE ARMED FORCES

15 DEFINED.—In this subsection, the term ‘‘covered

16 member of the Armed Forces’’ means a member of the

17 Armed Forces wounded or injured in a combat zone

18 who is evacuated from a theater of operations for in19 patient care.

20 SEC. 662. PILOT PROGRAM ON TROOPS TO NURSE TEACH21 ERS.

22 (a) PILOT PROGRAM REQUIRED.—

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

24 shall, in coordination with the Secretary of Health

25 and Human Services and the Secretary of Education,
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1 conduct a pilot program to assess the feasibility and

2 potential benefits of a program to—

3 (A) assist nurse corps officers described in

4 subsection (c) in achieving necessary qualifica5 tions to become nurse educators and in securing

6 employment as nurse educators at accredited

7 schools of nursing;

8 (B) provide scholarships to nurse corps offi9 cers described in subsection (c) in return for con10 tinuing service in the Selected Reserve or other

11 forms of public service; and

12 (C) help alleviate the national shortage of

13 nurse educators and registered nurses.

14 (2) DURATION.—Except as provided in sub15 section (h), the pilot program shall be conducted dur16 ing the period beginning on January 1, 2007, and

17 ending on December 31, 2012. A nurse corps officer

18 may not enter into an agreement to participate in the

19 pilot program after December 31, 2012.

20 (3) REGULATIONS.—The pilot program shall be

21 conducted under regulations prescribed by the Sec22 retary of Defense in consultation with the Secretary

23 of Health and Human Services and the Secretary of

24 Education.
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1 (b) DESIGNATION.—The pilot program required by

2 subsection (a) shall be known as the ‘‘Troops to Nurse

3 Teachers Pilot Program’’ (in this section referred to as the

4 ‘‘Program’’).

5 (c) NURSE CORPS OFFICERS.—A nurse corps officer

6 described in this subsection is any commissioned officer of

7 the Armed Forces qualified and designated as an officer in

8 a Nurse Corps of the Armed Forces who is—

9 (1) serving in a reserve component of the Armed

10 Forces;

11 (2) honorably discharged from the Armed Forces;

12 or

13 (3) a retired member of the Armed Forces.

14 (d) SELECTION OF PARTICIPANTS IN PROGRAM.—

15 (1) APPLICATION.—An eligible nurse corps offi16 cer seeking to participate in the Program shall submit

17 to the Secretary of Defense an application therefor.

18 The application shall be in such form, and contain

19 such information, as the Secretary may require.

20 (2) SELECTION.—The Secretary shall select par21 ticipants in the Program from among qualified nurse

22 corps officers submitting applications therefor under

23 paragraph (1).

24 (e) PARTICIPANT AGREEMENT.—
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1 (1) IN GENERAL.—A nurse corps officer selected

2 under subsection (d) to participate in the Program

3 shall enter into an agreement with the Secretary of

4 Defense relating to participation in the Program.

5 (2) ELEMENTS.—The agreement of a nurse corps

6 officer under the program shall, at the election of the

7 Secretary for purposes of the Program and as appro8 priate with respect to that status of such nurse corps

9 officer—

10 (A) require such nurse corps officer, within

11 such time as the Secretary may require, to ac12 cept an offer of full-time employment as a nurse

13 educator from an accredited school of nursing for

14 a period of not less than one year; or

15 (B) require such nurse corps officer—

16 (i) within such time as the Secretary

17 may require, to successfully complete a pro18 gram leading to a master’s degree or doc19 toral degree in a nursing field from an ac20 credited school of nursing or to a doctoral

21 degree in a related field from an accredited

22 institution of higher education;

23 (ii) to serve in the Selected Reserve or

24 some other form of public service under
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1 terms and conditions established by the Sec2 retary; and

3 (iii) upon completion of such program

4 and service, to accept an offer of full-time

5 employment as a nurse educator from an

6 accredited school of nursing for a period of

7 not less than 3 years.

8 (f) ASSISTANCE.—

9 (1) TRANSITION ASSISTANCE.—The Secretary of

10 Defense may provide a participant in the Program

11 who enters into an agreement described in subsection

12 (e)(2)(A) assistance as follows:

13 (A) Career placement assistance in securing

14 full-time employment as a nurse educator at an

15 accredited school of nursing.

16 (B) A stipend in an amount not to exceed

17 $5,000 for transition to employment referred to

18 in paragraph (1), and for educational training

19 for such employment, for a period not to exceed

20 two years after entry by such participant into

21 an agreement under subsection (e).

22 (2) SCHOLARSHIP ASSISTANCE.—The Secretary

23 of Defense may provide a participant in the Program

24 who enters into an agreement described in subsection

25 (e)(2)(B) scholarship assistance to pursue a degree de-
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1 scribed in subsection (e)(2)(B)(i) in an amount not to

2 exceed $30,000 annually for a period of not more

3 than four years.

4 (g) TREATMENT OF ASSISTANCE.—A stipend or schol5 arship provided under subsection (f) shall not be taken into

6 account in determining the eligibility of a participant in

7 the Program for Federal student financial assistance pro8 vided under title IV of the Higher Education Act of 1965

9 (20 U.S.C. 1070 et seq.).

10 (h) ADMINISTRATION AFTER INITIAL PERIOD.—

11 (1) IN GENERAL.—The termination of the Pro12 gram on December 31, 2012, under subsection (a)(2)

13 shall not terminate the entitlement to assistance

14 under the Program of any nurse corps officer entering

15 into an agreement to participate in the Program

16 under subsection (e) that continues in force after that

17 date.

18 (2) ADMINISTRATION.—The Secretary of Edu19 cation shall undertake any administration of the Pro20 gram that is required after December 31, 2012, in21 cluding responsibility for any funding necessary to

22 provide assistance under the Program after that date.

23 (i) REPORT.—

24 (1) IN GENERAL.—Not later than three years

25 after the commencement of the Program, the Secretary
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1 of Defense shall, in consultation with the Secretary of

2 Health and Human Services and the Secretary of

3 Education, submit to Congress a report on the Pro4 gram.

5 (2) ELEMENTS.—The report shall—

6 (A) describe the activities undertaken under

7 the Program; and

8 (B) include an assessment of the effective9 ness of the Program in—

10 (i) facilitating the development of

11 nurse educators;

12 (ii) encouraging service in the Selected

13 Reserve and other forms of public service;

14 and

15 (iii) helping alleviate the national

16 shortage of nurse educators and registered

17 nurses.

18 (j) DEFINITIONS.—In this section:

19 (1) NURSE EDUCATOR.—The term ‘‘nurse educa20 tor’’ means a registered nurse who—

21 (A) is a member of the nursing faculty at

22 an accredited school of nursing;

23 (B) holds a graduate degree in nursing from

24 an accredited school of nursing or a doctoral de-
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1 gree in a related field from an accredited institu2 tion of higher education;

3 (C) holds a valid, unrestricted license to

4 practice nursing from a State; and

5 (D) has successfully completed additional

6 course work in education and demonstrates com7 petency in an advanced practice area of nursing.

8 (2) SCHOOL OF NURSING.—The term ‘‘school of

9 nursing’’ means a school of nursing (as that term is

10 defined in section 801 of the Public Health Service

11 Act (42 U.S.C. 296)) that is accredited (as that term

12 is defined in section 801(6) of the Public Health Serv13 ice Act).

14 (k) FUNDING.—From amounts authorized to be appro15 priated for the Department of Defense, $5,000,000 may be

16 available for the Program.

17 SEC. 663. EXPANSION AND ENHANCEMENT OF AUTHORITY

18 TO REMIT OR CANCEL INDEBTEDNESS OF

19 MEMBERS OF THE ARMED FORCES.

20 (a) MEMBERS OF THE ARMY.—

21 (1) COVERAGE OF ALL MEMBERS AND FORMER

22 MEMBERS.—Subsection (a) of section 4837 of title 10,

23 United States Code, is amended by striking ‘‘a mem24 ber of the Army’’ and all that follows through ‘‘in an

25 active status’’ and inserting ‘‘a member of the Army
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1 (including a member on active duty or a member of

2 a reserve component in an active status), a retired

3 member of the Army, or a former member of the

4 Army’’.

5 (2) TIME FOR EXERCISE OF AUTHORITY.—Sub6 section (b) of such section is amended—

7 (A) in paragraph (1), by adding ‘‘or’’ at the

8 end; and

9 (B) by striking paragraphs (2) and (3) and

10 inserting the following new paragraph (2):

11 ‘‘(2) in the case of any other member of the

12 Army covered by subsection (a), during such period

13 or periods as the Secretary of Defense may provide in

14 regulations prescribed by the Secretary of Defense.’’.

15 (3) REPEAL OF TERMINATION OF MODIFIED AU16 THORITY.—Paragraph (3) of section 683(a) of the Na17 tional Defense Authorization Act for Fiscal Year 2006

18 (Public Law 109–163; 119 Stat. 3322; 10 U.S.C.

19 4837 note) is repealed.

20 (b) MEMBERS OF THE NAVY.—

21 (1) COVERAGE OF ALL MEMBERS AND FORMER

22 MEMBERS.—Section 6161 of title 10, United States

23 Code, is amended by striking ‘‘a member of the Navy’’

24 and all that follows through ‘‘in an active status’’ and

25 inserting ‘‘a member of the Navy (including a mem-
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1 ber on active duty or a member of a reserve compo2 nent in an active status), a retired member of the

3 Navy , or a former member of the Navy’’.

4 (2) TIME FOR EXERCISE OF AUTHORITY.—Sub5 section (b) of such section is amended—

6 (A) in paragraph (1), by adding ‘‘or’’ at the

7 end; and

8 (B) by striking paragraphs (2) and (3) and

9 inserting the following new paragraph (2):

10 ‘‘(2) in the case of any other member of the Navy

11 covered by subsection (a), during such period or peri12 ods as the Secretary of Defense may provide in regu13 lations prescribed by the Secretary of Defense.’’.

14 (3) REPEAL OF TERMINATION OF MODIFIED AU15 THORITY.—Paragraph (3) of section 683(b) of the Na16 tional Defense Authorization Act for Fiscal Year 2006

17 (119 Stat. 3323; 10 U.S.C. 6161 note) is repealed.

18 (c) MEMBERS OF THE AIR FORCE.—

19 (1) COVERAGE OF ALL MEMBERS AND FORMER

20 MEMBERS.—Subsection (a) of section 4837 of title 10,

21 United States Code, is amended by striking ‘‘a mem22 ber of the Air Force’’ and all that follows through ‘‘in

23 an active status’’ and inserting ‘‘a member of the Air

24 Force (including a member on active duty or a mem25 ber of a reserve component in an active status), a re-
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1 tired member of the Air Force, or a former member

2 of the Air Force’’.

3 (2) TIME FOR EXERCISE OF AUTHORITY.—Sub4 section (b) of such section is amended—

5 (A) in paragraph (1), by adding ‘‘or’’ at the

6 end; and

7 (B) by striking paragraphs (2) and (3) and

8 inserting the following new paragraph (2):

9 ‘‘(2) in the case of any other member of the Air

10 Force covered by subsection (a), during such period or

11 periods as the Secretary of Defense may provide in

12 regulations prescribed by the Secretary of Defense.’’.

13 (3) REPEAL OF TERMINATION OF MODIFIED AU14 THORITY.—Paragraph (3) of section 683(c) of the Na15 tional Defense Authorization Act for Fiscal Year 2006

16 (119 Stat. 3324; 10 U.S.C. 9837 note) is repealed.

17 (d) DEADLINE FOR REGULATIONS.—The Secretary of

18 Defense shall prescribe the regulations required for purposes

19 of sections 4837, 6161, and 9837 of title 10, United States

20 Code, as amended by this section, not later than March 1,

21 2007.
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1 SEC. 664. EXCEPTION FOR NOTICE TO CONSUMER REPORT2 ING AGENCIES REGARDING DEBTS OR ERRO3 NEOUS PAYMENTS PENDING A DECISION TO

4 WAIVE, REMIT, OR CANCEL.

5 (a) EXCEPTION.—Section 2780(b) of title 10, United

6 States Code, is amended—

7 (1) by striking ‘‘The Secretary’’ and inserting

8 ‘‘(1) Except as provided in paragraph (2), the Sec9 retary’’; and

10 (2) by adding at the end the following new para11 graph:

12 ‘‘(2) No disclosure shall be made under paragraph (1)

13 with respect to an indebtedness while a decision regarding

14 waiver of collection is pending under section 2774 of this

15 title, or a decision regarding remission or cancellation is

16 pending under section 4837, 6161, or 9837 of this title, un17 less the Secretary concerned (as defined in section 101(5)

18 of title 37), or the designee of such Secretary, determines

19 that disclosure under that paragraph pending such decision

20 is in the best interests of the United States.’’.

21 (b) EFFECTIVE DATE.—

22 (1) IN GENERAL.—The amendments made by

23 this section shall take effect on March 1, 2007.

24 (2) APPLICATION TO PRIOR ACTIONS.—Para25 graph (2) of section 2780(b) of title 10, United States

26 Code (as added by subsection (a)), shall not be con-
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1 strued to apply to or invalidate any action taken

2 under such section before March 1, 2007.

3 (c) REPORT.—Not later than March 1, 2007, the Sec4 retary of Defense shall submit to the congressional defense

5 committees a report on the exercise of the authority in sec6 tion 2780(b) of title 10, United States Code, including—

7 (1) the total number of members of the Armed

8 Forces who have been reported to consumer reporting

9 agencies under such section;

10 (2) the circumstances under which such author11 ity has been exercised, or waived (as provided in

12 paragraph (2) of such section (as amended by sub13 section (a))), and by whom;

14 (3) the cost of contracts for collection services to

15 recover indebtedness owed to the United States that is

16 delinquent;

17 (4) an evaluation of whether or not such con18 tracts, and the practice of reporting military debtors

19 to collection agencies, has been effective in reducing

20 indebtedness to the United States; and

21 (5) such recommendations as the Secretary con22 siders appropriate regarding the continuing use of

23 such authority with respect to members of the Armed

24 Forces.
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1 SEC. 665. ENHANCEMENT OF AUTHORITY TO WAIVE CLAIMS

2 FOR OVERPAYMENT OF PAY AND ALLOW3 ANCES.

4 (a) CLARIFICATION OF PAY AND ALLOWANCES.—Sub5 section (a) of section 2774 of title 10, United States Code,

6 is amended in the matter preceding paragraph (1) by in7 serting ‘‘(including any bonus or special or incentive pay)’’

8 after ‘‘pay or allowances’’.

9 (b) WAIVER BY SECRETARIES CONCERNED.—Para10 graph (2) of such subsection is amended—

11 (1) in the matter preceding subparagraph (A),

12 by inserting ‘‘or the designee of such Secretary’’ after

13 ‘‘title 37,’’; and

14 (2) in subparagraph (A), by striking ‘‘$1,500’’

15 and inserting ‘‘$10,000’’.

16 (c) TIME FOR WAIVER.—Subsection (b)(2) of such sec17 tion is amended by striking ‘‘three years’’ and inserting

18 ‘‘five years’’.

19 (d) EFFECTIVE DATE.—The amendments made by this

20 section shall take effect on March 1, 2007.

21 (e) DEADLINE FOR REVISED STANDARDS.—The Direc22 tor of the Office of Management and Budget and the Sec23 retary of Defense shall prescribe any modifications to the

24 standards under section 2774 of title 10, United States

25 Code, that are required or authorized by reason of the
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1 amendments made by this section not later than March 1,

2 2007.

3 SEC. 666. TERMS OF CONSUMER CREDIT EXTENDED TO

4 SERVICEMEMBER OR SERVICEMEMBER’S DE5 PENDENT.

6 (a) TERMS OF CONSUMER CREDIT.—Title II of the

7 Servicemembers Civil Relief Act (50 U.S.C. App. 521 et

8 seq.) is amended by adding at the end the following new

9 section:

10 ‘‘SEC. 208. TERMS OF CONSUMER CREDIT.

11 ‘‘(a) INTEREST.—A creditor who extends consumer

12 credit to a servicemember or a servicemember’s dependent

13 shall not require the servicemember or the servicemember’s

14 dependent to pay interest with respect to the extension of

15 such credit, except as—

16 ‘‘(1) agreed to under the terms of the credit

17 agreement or promissory note;

18 ‘‘(2) authorized by applicable State or Federal

19 law; and

20 ‘‘(3) not specifically prohibited by this section.

21 ‘‘(b) ANNUAL PERCENTAGE RATE.—A creditor de22 scribed in subsection (a) shall not impose an annual per23 centage rate greater than 36 percent with respect to the con24 sumer credit extended to a servicemember or a

25 servicemember’s dependent.
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1 ‘‘(c) MANDATORY LOAN DISCLOSURES.—

2 ‘‘(1) INFORMATION REQUIRED.—With respect to

3 any extension of consumer credit to a servicemember

4 or a servicemember’s dependent, a creditor shall pro5 vide to the servicemember or the servicemember’s de6 pendent the following information in writing, at or

7 before the issuance of the credit:

8 ‘‘(A) A statement of the annual percentage

9 rate applicable to the extension of credit.

10 ‘‘(B) Any disclosures required under the

11 Truth in Lending Act (15 U.S.C. 1601 et seq.).

12 ‘‘(C) A clear description of the payment ob13 ligations of the servicemember or the

14 servicemember’s dependent, as applicable.

15 ‘‘(2) TERMS.—Such disclosures shall be presented

16 in accordance with terms prescribed by the regula17 tions issued by the Board of Governors of the Federal

18 Reserve System to implement the Truth in Lending

19 Act (15 U.S.C. 1601 et seq.).

20 ‘‘(d) LIMITATION.—A creditor described in subsection

21 (a) shall not automatically renew, repay, refinance, or con22 solidate with the proceeds of other credit extended by the

23 same creditor any consumer credit extended to a

24 servicemember or a servicemember’s dependent without—
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1 ‘‘(1) executing new loan documentation signed

2 by the servicemember or the servicemember’s depend3 ent, as applicable; and

4 ‘‘(2) providing the loan disclosures described in

5 subsection (c) to the servicemember or the

6 servicemember’s dependent.

7 ‘‘(e) PREEMPTION.—Except as provided in subsection

8 (f)(2), this section preempts any State or Federal law, rule,

9 or regulation, including any State usury law, to the extent

10 that such laws, rules, or regulations are inconsistent with

11 this section, except that this section shall not preempt any

12 such law, rule, or regulation that provides additional pro13 tection to a servicemember or a servicemember’s dependent.

14 ‘‘(f) PENALTIES.—

15 ‘‘(1) MISDEMEANOR.—Any creditor who know16 ingly violates this section shall be fined as provided

17 in title 18, United States Code, or imprisoned for not

18 more than one year, or both.

19 ‘‘(2) PRESERVATION OF OTHER REMEDIES.—The

20 remedies and rights provided under this section are

21 in addition to and do not preclude any remedy other22 wise available under law to the person claiming relief

23 under this section, including any award for con24 sequential and punitive damages.
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1 ‘‘(g) DEFINITION.—For purposes of this section, the

2 term ‘interest’ includes service charges, renewal charges,

3 fees, or any other charges (except bona fide insurance) with

4 respect to the extension of consumer credit.’’.

5 (b) CLERICAL AMENDMENT.—The table of contents of

6 the Servicemembers Civil Relief Act (50 U.S.C. App. 501)

7 is amended by inserting after the item relating to section

8 207 the following new item:

‘‘Sec. 208. Terms of consumer credit’’.

9 SEC. 667. JOINT FAMILY SUPPORT ASSISTANCE PROGRAM.

10 (a) PROGRAM REQUIRED.—The Secretary of Defense

11 shall carry out a joint family support assistance program

12 for the purpose of providing assistance to families of mem13 bers of the Armed Forces.

14 (b) LOCATIONS.—

15 (1) IN GENERAL.—The Secretary shall carry out

16 the program for at least six regions of the country

17 through sites established by the Secretary for purposes

18 of the program in such regions.

19 (2) LOCATION OF CERTAIN SITES.—At least three

20 of the sites established under paragraph (1) shall be

21 located in an area that it geographically isolated

22 from military installations.

23 (c) FUNCTIONS.—The Secretary shall provide assist24 ance to families of the members of the Armed Forces under
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1 the program by providing at each site established for pur2 poses of the program under subsection (b) the following:

3 (1) Financial, material, and other assistance to

4 families of members of the Armed Forces.

5 (2) Mobile support services to families of mem6 bers of the Armed Forces.

7 (3) Sponsorship of volunteers and family sup8 port professionals for the delivery of support services

9 to families of members of the Armed Forces.

10 (4) Coordination of family assistance programs

11 and activities provided by Military OneSource, Mili12 tary Family Life Consultants, counselors, the Depart13 ment of Defense, other departments and agencies of

14 the Federal Government, State and local agencies,

15 and non-profit entities.

16 (5) Facilitation of discussion on military family

17 assistance programs, activities, and initiatives be18 tween and among the organizations, agencies, and en19 tities referred to in paragraph (4).

20 (d) RESOURCES.—

21 (1) IN GENERAL.—The Secretary shall provide

22 personnel and other resources necessary for the imple23 mentation and operation of the program at each site

24 established under subsection (b).
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1 (2) ACCEPTANCE OF CERTAIN SERVICES.—In

2 providing resources under paragraph (1), the Sec3 retary may accept and utilize the services of non-Fed4 eral Government volunteers and non-profit entities.

5 (e) PROCEDURES.—The Secretary shall establish pro6 cedures for the operation of each site established under sub7 section (b) and for the provision of assistance to families

8 of members of the Armed Forces at such site.

9 (f) IMPLEMENTATION PLAN.—

10 (1) PLAN REQUIRED.—Not later than 30 days

11 after the first obligation of amounts for the program,

12 the Secretary shall submit to the congressional defense

13 committees a report setting forth a plan for the imple14 mentation of the program.

15 (2) ELEMENTS.—The plan required under para16 graph (1) shall include the following:

17 (A) A description of the actions taken to se18 lect and establish sites for the program under

19 subsection (b).

20 (B) A description of the procedures estab21 lished under subsection (d).

22 (C) A review of proposed actions to be taken

23 under the program to improve coordination on

24 family assistance program and activities between

25 and among the Department of Defense, other de-
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1 partments and agencies of the Federal Govern2 ment, State and local agencies, and non-profit

3 entities.

4 (g) REPORT.—

5 (1) IN GENERAL.—Not later than 270 days after

6 the first obligation of amounts for the program, the

7 Secretary shall submit to the congressional defense

8 committees a report on the program.

9 (2) ELEMENTS.—The report shall include the fol10 lowing:

11 (A) A description of the program, including

12 each site established for purposes of the program,

13 the procedures established under subsection (d)

14 for operations at each such site, and the assist15 ance provided through each such site for families

16 of members of the Armed Forces.

17 (B) An assessment of the effectiveness of the

18 program in providing assistance to families of

19 members of the Armed Forces.

20 (C) An assessment of the advisability of ex21 tending the program or making it permanent.

22 (h) ASSISTANCE TO NON-PROFIT ENTITIES PROVIDING

23 ASSISTANCE TO MILITARY FAMILIES.—The Secretary may

24 provide financial, material, and other assistance to non25 profit entities in order to facilitate the provision by such
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1 entities of assistance to geographically isolated families of

2 members of the Armed Forces.

3 (i) SUNSET.—The program required by this section,

4 and the authority to provide assistance under subsection

5 (h), shall cease upon the date that is three years after the

6 first obligation of amounts for the program.

7 (j) FUNDING.—Of the amount authorized to be appro8 priated by section 301(5) for operation and maintenance

9 for Defense-wide activities, $5,000,000 may be available for

10 the program required by this section and the provision of

11 assistance under subsection (h).

12 SEC. 668. IMPROVEMENT OF MANAGEMENT OF ARMED

13 FORCES RETIREMENT HOME.

14 (a) REDESIGNATION OF CHIEF OPERATING OFFICER

15 AS CHIEF EXECUTIVE OFFICER.—

16 (1) IN GENERAL.—Section 1515 of the Armed

17 Forces Retirement Home Act of 1991 (24 U.S.C. 415)

18 is amended—

19 (A) by striking ‘‘Chief Operating Officer’’

20 each place it appears and inserting ‘‘Chief Exec21 utive Officer’’; and

22 (B) in subsection (e)(1), by striking ‘‘Chief

23 Operating Officer’s’’ and inserting ‘‘Chief Execu24 tive Officer’s’’.
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1 (2) CONFORMING AMENDMENTS.—Such Act is

2 further amended by striking ‘‘Chief Operating Offi3 cer’’ each place it appears in a provision as follows

4 and inserting ‘‘Chief Executive Officer’’:

5 (A) Section 1511 (24 U.S.C. 411).

6 (B) Section 1512 (24 U.S.C. 412).

7 (C) Section 1513(a) (24 U.S.C. 413(a)).

8 (D) Section 1514(c)(1) (24 U.S.C.

9 414(c)(1)).

10 (E) Section 1516(b) (24 U.S.C. 416(b)).

11 (F) Section 1517 (24 U.S.C. 417).

12 (G) Section 1518(c) (24 U.S.C. 418(c)).

13 (H) Section 1519(c) (24 U.S.C. 419(c)).

14 (I) Section 1521(a) (24 U.S.C. 421(a)).

15 (J) Section 1522 (24 U.S.C. 422).

16 (K) Section 1523(b) (24 U.S.C. 423(b)).

17 (L) Section 1531 (24 U.S.C. 431).

18 (3) CLERICAL AMENDMENTS.—(A) The heading

19 of section 1515 of such Act is amended to read as fol20 lows:

21 ‘‘SEC. 1515. CHIEF EXECUTIVE OFFICER.’’.

22 (B) The table of contents for such Act is amended

23 by striking the item relating to section 1515 and in24 serting the following new item:

‘‘Sec. 1515. Chief Executive Officer.’’.
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1 (4) REFERENCES.—Any reference in any law,

2 regulation, document, record, or other paper of the

3 United States to the Chief Operating Officer of the

4 Armed Forces Retirement Home shall be considered to

5 be a reference to the Chief Executive Officer of the

6 Armed Forces Retirement Home.

7 (b) DIRECTOR AND DEPUTY DIRECTOR OF FACILI8 TIES.—

9 (1) MILITARY DIRECTOR.—Subsection (b)(1) of

10 section 1517 of such Act (24 U.S.C. 417) is amended

11 by striking ‘‘a civilian with experience as a con12 tinuing care retirement community professional or’’.

13 (2) CIVILIAN DEPUTY DIRECTOR.—Subsection

14 (d)(1)(A) of such section is amended by striking ‘‘or

15 a member’’ and all that follows and inserting ‘‘;

16 and’’.

17 (3) EFFECTIVE DATE.—The amendments made

18 by this subsection shall take effect on the date of the

19 enactment of this Act, and shall apply with respect to

20 any vacancy that occur in the position of Director or

21 Deputy Director of a facility of the Armed Forces Re22 tirement Home that occurs on or after that date.

23 (c) CLARIFICATION OF MEMBERSHIP ON LOCAL BOARD

24 OF TRUSTEES.—Section 1516(c)(1)(H) of such Act (24

25 U.S.C. 416(c)(1)(K)) is amended by inserting before the pe-
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1 riod at the end the following: ‘‘, who shall be a member

2 of the Armed Forces serving on active duty in the grade

3 of brigadier general, or in the case of the Navy, rear admi4 ral (lower half)’’.

5 Subtitle F—Transition Assistance

6 for Members of the National

7 Guard and Reserve Returning

8 From Deployment in Operation

9 Iraqi Freedom or Operation En10 during Freedom

11 SEC. 681. SHORT TITLE.

12 This subtitle may be cited as the ‘‘Heroes at Home Act

13 of 2006’’.

14 SEC. 682. SPECIAL WORKING GROUP ON TRANSITION TO CI15 VILIAN EMPLOYMENT OF MEMBERS OF THE

16 NATIONAL GUARD AND RESERVE RETURNING

17 FROM DEPLOYMENT IN OPERATION IRAQI

18 FREEDOM AND OPERATION ENDURING FREE19 DOM.

20 (a) WORKING GROUP REQUIRED.—The Secretary of

21 Defense shall establish within the Department of Defense a

22 working group to identify and assess the needs of members

23 of the National Guard and Reserve returning from deploy24 ment in Operation Iraqi Freedom or Operation Enduring
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1 Freedom in transitioning to civilian employment on their

2 return from such deployment.

3 (b) MEMBERS.—The working group established under

4 subsection (a) shall include a balance of individuals ap5 pointed by the Secretary of Defense from among the fol6 lowing:

7 (1) Personnel of the Department of Defense.

8 (2) With the concurrence of the Secretary of Vet9 erans Affairs, personnel of the Department of Vet10 erans Affairs.

11 (3) With the concurrence of the Secretary of

12 Labor, personnel of the Department of Labor.

13 (c) RESPONSIBILITIES.—The working group estab14 lished under subsection (a) shall—

15 (1) identify and assess the needs of members of

16 the National Guard and Reserve described in sub17 section (a) in transitioning to civilian employment

18 on their return from deployment as described in that

19 subsection, including the needs of—

20 (A) members who were self-employed before

21 deployment and seek to return to such employ22 ment after deployment;

23 (B) members who were students before de24 ployment and seek to return to school or com25 mence employment after deployment;
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1 (C) members who have experienced multiple

2 recent deployments; and

3 (D) members who have been wounded or in4 jured during deployment; and

5 (2) develop recommendations on means of im6 proving assistance to members of the National Guard

7 and Reserve described in subsection (a) in meeting the

8 needs identified in paragraph (1) on their return

9 from deployment as described in subsection (a).

10 (d) CONSULTATION.—In carrying out its responsibil11 ities under subsection (c), the working group established

12 under subsection (a) shall consult with the following:

13 (1) Appropriate personnel of the Small Business

14 Administration.

15 (2) Representatives of employers who employ

16 members of the National Guard and Reserve described

17 in subsection (a) on their return to civilian employ18 ment as described in that subsection.

19 (3) Representatives of employee assistance orga20 nizations.

21 (4) Representatives of associations of employers.

22 (5) Representatives of organizations that assist

23 wounded or injured members of the National Guard

24 and Reserves in finding or sustaining employment.
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1 (6) Representatives of such other public or pri2 vate organizations and entities as the working group

3 considers appropriate.

4 (e) REPORT.—

5 (1) IN GENERAL.—Not later than one year after

6 the date of the enactment of this Act, the working

7 group established under subsection (a) shall submit to

8 the Secretary of Defense and Congress a report on its

9 activities under subsection (c).

10 (2) ELEMENTS.—The report required by para11 graph (1) shall include the following:

12 (A) The results of the identification and as13 sessment required under subsection (c)(1).

14 (B) The recommendations developed under

15 subsection (c)(2), including recommendations on

16 the following:

17 (i) The provision of outreach and

18 training to employers, employment assist19 ance organizations, and associations of em20 ployers on the employment and transition

21 needs of members of the National Guard

22 and Reserve described in subsection (a)

23 upon their return from deployment as de24 scribed in that subsection.
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1 (ii) The provision of outreach and

2 training to employers, employment assist3 ance organizations, and associations of em4 ployers on the needs of family members of

5 such members.

6 (iii) The improvement of collaboration

7 between the pubic and private sectors in

8 order to ensure the successful transition of

9 such members into civilian employment

10 upon their return from such deployment.

11 (3) AVAILABILITY TO PUBLIC.—The Secretary

12 shall take appropriate actions to make the report

13 under paragraph (1) available to the public, includ14 ing through the Internet website of the Department of

15 Defense.

16 (f) TERMINATION.—

17 (1) IN GENERAL.—The working group established

18 under subsection (a) shall terminate on the date that

19 is two years after the date of the enactment of this

20 Act.

21 (2) INTERIM DUTIES.—During the period begin22 ning on the date of the submittal of the report re23 quired by subsection (e) and the termination of the

24 working group under paragraph (1), the working

25 group shall serve as an advisory board to the Office
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1 for Employers and Employment Assistance Organiza2 tions under section 683.

3 (g) EMPLOYMENT ASSISTANCE ORGANIZATION DE4 FINED.—In this section, the term ‘‘employment assistance

5 organization’’ means an organization or entity, whether

6 public or private, that provides assistance to individuals

7 in finding or retaining employment, including organiza8 tions and entities under military career support programs.

9 SEC. 683. OFFICE FOR EMPLOYERS AND EMPLOYMENT AS10 SISTANCE ORGANIZATIONS.

11 (a) DESIGNATION OF OFFICE.—

12 (1) IN GENERAL.—The Secretary of Defense shall

13 designate an office within the Department of Defense

14 to assist employers, employment assistance organiza15 tions, and associations of employers in facilitating

16 the successful transition to civilian employment of

17 members of the National Guard and Reserve return18 ing from deployment in Operation Iraqi Freedom or

19 Operation Enduring Freedom.

20 (2) NAME.—The office designated under this sub21 section shall be known as the ‘‘Office for Employers

22 and Employment Assistance Organizations’’ (in this

23 section referred to as the ‘‘Office’’).

24 (3) HEAD.—The Secretary shall designate an in25 dividual to act as the head of the Office.
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1 (4) INTEGRATION.—In designating the Office, the

2 Secretary shall ensure close communication between

3 the Office and the military departments, including

4 the commands of the reserve components of the Armed

5 Forces.

6 (b) FUNCTIONS.—The Office shall have the following

7 functions:

8 (1) To provide education and technical assist9 ance to employers, employment assistance organiza10 tions, and associations of employers to assist them in

11 facilitating the successful transition to civilian em12 ployment of members of the National Guard and Re13 serve described in subsection (a) on their return from

14 deployment as described in that subsection.

15 (2) To provide education and technical assist16 ance to employers, employment assistance organiza17 tions, and associations of employers to assist them in

18 facilitating the successful adjustment of family mem19 bers of the National Guard and Reserve to the deploy20 ment and return from deployment of members of the

21 National Guard and Reserve as described in that sub22 section.

23 (c) RESOURCES TO BE PROVIDED.—

24 (1) IN GENERAL.—In carrying out the functions

25 specified in subsection (b), the Office shall provide
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1 employers, employment assistance organizations, and

2 associations of employers resources, services, and as3 sistance that include the following:

4 (A) Guidelines on best practices and effec5 tive strategies.

6 (B) Education on the physical and mental

7 health conditions that can and may be experi8 enced by members of the National Guard and

9 Reserve described in subsection (a) on their re10 turn from deployment as described in that sub11 section in transitioning to civilian employment,

12 including Post Traumatic Stress Disorder

13 (PTSD) and traumatic brain injury (TBI), in14 cluding education on—

15 (i) the detection of warning signs of

16 such conditions;

17 (ii) the medical, mental health, and

18 employment services available to such mem19 bers, including materials on services offered

20 by the Department of Defense, the Depart21 ment of Veterans Affairs (including through

22 the vet center program under section 1712A

23 of title 38, United States Code), the Depart24 ment of Labor, military support programs,

25 and community mental health clinics; and
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1 (iii) the mechanisms for referring such

2 members for services described in clause (ii)

3 and for other medical and mental health

4 screening and care when appropriate.

5 (C) Education on the range and types of

6 potential physical and mental health effects of

7 deployment and post-deployment adjustment on

8 family members of members of the National

9 Guard and Reserve described in subsection (a),

10 including education on—

11 (i) the detection of warning signs of

12 such effects on family members of members

13 of the National Guard and Reserves;

14 (ii) the medical, mental health, and

15 employment services available to such fam16 ily members, including materials on such

17 services as described in subparagraph

18 (B)(ii); and

19 (iii) mechanisms for referring such

20 family members for services described in

21 clause (ii) and for medical and mental

22 health screening and care when appro23 priate.

24 (D) Education on mechanisms, strategies,

25 and resources for accommodating and employing
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1 wounded or injured members of the National

2 Guard and Reserves in work settings.

3 (2) PROVISION OF RESOURCES.—The Office shall

4 make resources, services, and assistance available

5 under this subsection through such mechanisms as the

6 head of the Office considers appropriate, including the

7 Internet, video conferencing, telephone services, work8 shops, trainings, presentations, group forums, and

9 other mechanisms.

10 (d) PERSONNEL AND OTHER RESOURCES.—The Sec11 retary of Defense shall assign to the Office such personnel,

12 funding, and other resources as are required to ensure the

13 effective discharge by the Office of the functions under sub14 section (b).

15 (e) REPORTS ON ACTIVITIES.—

16 (1) ANNUAL REPORT BY OFFICE.—Not later than

17 one year after the designation of the Office, and an18 nually thereafter, the head of the Office, in consulta19 tion with the working group established pursuant to

20 section 682 (while in effect), shall submit to the Sec21 retary of Defense a written report on the progress and

22 outcomes of the Office during the one-year period end23 ing on the date of such report.

24 (2) TRANSMITTAL TO CONGRESS.—Not later than

25 60 days after receipt of a report under paragraph (1),
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1 the Secretary shall transmit such report to the Com2 mittees on Armed Services of the Senate and the

3 House of Representatives, together with—

4 (A) such comments on such report, and such

5 assessment of the effectiveness of the Office, as the

6 Secretary considers appropriate; and

7 (B) such recommendations on means of im8 proving the effectiveness of the Office as the Sec9 retary considers appropriate.

10 (3) AVAILABILITY TO PUBLIC.—The Secretary

11 shall take appropriate actions to make each report

12 under paragraph (2) available to the public, includ13 ing through the Internet website of the Office.

14 (f) EMPLOYMENT ASSISTANCE ORGANIZATION DE15 FINED.—In this section, the term ‘‘employment assistance

16 organization’’ means an organization or entity, whether

17 public or private, that provides assistance to individuals

18 in finding or retaining employment, including organiza19 tions and entities under military career support programs.
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1 SEC. 684. ADDITIONAL RESPONSIBILITIES OF DEPARTMENT

2 OF DEFENSE TASK FORCE ON MENTAL

3 HEALTH RELATING TO MENTAL HEALTH OF

4 MEMBERS OF THE NATIONAL GUARD AND RE5 SERVE DEPLOYED IN OPERATION IRAQI

6 FREEDOM AND OPERATION ENDURING FREE7 DOM.

8 (a) ADDITIONAL RESPONSIBILITIES.—Section 723 of

9 the National Defense Authorization Act for Fiscal Year

10 2006 (Public Law 109–163; 119 Stat. 3348) is amended—

11 (1) by redesignating subsections (d), (e), (f), and

12 (g) as subsections (e), (f), (g), and (h), respectively;

13 and

14 (2) by inserting after subsection (c) the following

15 new subsection (d):

16 ‘‘(d) ASSESSMENT OF MENTAL HEALTH NEEDS OF

17 MEMBERS OF NATIONAL GUARD AND RESERVE DEPLOYED

18 IN OIF OR OEF.—

19 ‘‘(1) IN GENERAL.—In addition to the activities

20 required under subsection (c), the task force shall, not

21 later than 12 months after the date of the enactment

22 of the Heroes at Home Act of 2006, submit to the Sec23 retary a report containing an assessment and rec24 ommendations on the needs with respect to mental

25 health of members of the National Guard and Reserve

26 who are deployed in Operation Iraqi Freedom or Op-
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1 eration Enduring Freedom upon their return from

2 such deployment.

3 ‘‘(2) ELEMENTS.—The assessment and rec4 ommendations required by paragraph (1) shall in5 clude the following:

6 ‘‘(A) An assessment of the specific needs

7 with respect to mental health of members of the

8 National Guard and Reserve who are deployed

9 in Operation Iraqi Freedom or Operation En10 during Freedom upon their return from such de11 ployment.

12 ‘‘(B) An identification of mental health con13 ditions and disorders (including Post Traumatic

14 Stress Disorder (PTSD), suicide attempts, and

15 suicide) occurring among members of the Na16 tional Guard and Reserve who undergo multiple

17 deployments in Operation Iraqi Freedom or Op18 eration Enduring Freedom upon their return

19 from such deployment.

20 ‘‘(C) Recommendations on mechanisms for

21 improving the mental health services available to

22 members of the National Guard and Reserve who

23 are deployed in Operation Iraqi Freedom or Op24 eration Enduring Freedom, including such mem25 bers who undergo multiple deployments in such
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1 operations, upon their return from such deploy2 ment.’’.

3 (b) REPORT.—Subsection (f) of such section, as redes4 ignated by subsection (a)(1) of this section, is further

5 amended—

6 (1) in the subsection heading, by striking ‘‘RE7 PORT’’ and inserting ‘‘REPORTS’’;

8 (2) by striking paragraph (1) and inserting the

9 following new paragraph (1):

10 ‘‘(1) IN GENERAL.—The report submitted to the

11 Secretary under each of subsections (c) and (d) shall

12 include—

13 ‘‘(A) a description of the activities of the

14 task force under such subsection;

15 ‘‘(B) the assessment and recommendations

16 required by such subsection; and

17 ‘‘(C) such other matters relating to the ac18 tivities of the task force under such subsection as

19 the task force considers appropriate.’’; and

20 (3) in paragraph (2)—

21 (A) by striking ‘‘the report under para22 graph (1)’’ and inserting ‘‘a report under para23 graph (1)’’; and

24 (B) by striking ‘‘the report as’’ and insert25 ing ‘‘such report as’’.
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1 (c) PLAN MATTERS.—Subsection (g) of such section,

2 as redesignated by subsection (a)(1) of this section, is fur3 ther amended—

4 (1) by striking ‘‘the report from the task force

5 under subsection (e)(1)’’ and inserting ‘‘a report from

6 the task force under subsection (f)(1)’’; and

7 (2) by inserting ‘‘contained in such report’’ after

8 ‘‘the task force’’ the second place it appears.

9 (d) TERMINATION.—Subsection (h) of such section, as

10 redesignated by subsection (a)(1) of this section, is further

11 amended—

12 (1) by inserting ‘‘with respect to the assessment

13 and recommendations required by subsection (d)’’

14 after ‘‘the task force’’; and

15 (2) by striking ‘‘subsection (e)(2)’’ and inserting

16 ‘‘subsection (f)(2)’’.

17 SEC. 685. GRANTS ON ASSISTANCE IN COMMUNITY-BASED

18 SETTINGS FOR MEMBERS OF THE NATIONAL

19 GUARD AND RESERVE AND THEIR FAMILIES

20 AFTER DEPLOYMENT IN OPERATION IRAQI

21 FREEDOM AND OPERATION ENDURING FREE22 DOM.

23 (a) IN GENERAL.—The Secretary of Defense may

24 award grants to eligible entities to carry out demonstration

25 projects to assess the feasibility and advisability of utilizing
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1 community-based settings for the provision of assistance to

2 members of the National Guard and Reserve who serve in

3 Operation Iraqi Freedom or Operation Enduring Freedom,

4 and their families, after the return of such members from

5 deployment in Operation Iraqi Freedom or Operation En6 during Freedom, as the case may be, including—

7 (1) services to improve the reuniting of such

8 members of the National Guard and Reserve and their

9 families;

10 (2) education to increase awareness of the phys11 ical and mental health conditions that members of the

12 National Guard and Reserve can and may experience

13 on their return from such deployment, including edu14 cation on—

15 (A) Post Traumatic Stress Disorder

16 (PTSD) and traumatic brain injury (TBI); and

17 (B) mechanisms for the referral of such

18 members of the National Guard and Reserve for

19 medical and mental health screening and care

20 when necessary; and

21 (3) education to increase awareness of the phys22 ical and mental health conditions that family mem23 bers of such members of the National Guard and Re24 serve can and may experience on the return of such
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1 members from such deployment, including education

2 on—

3 (A) depression, anxiety, and relationship

4 problems; and

5 (B) mechanisms for medical and mental

6 health screening and care when appropriate.

7 (b) ELIGIBLE ENTITIES.—An entity eligible for the

8 award of a grant under this section is any public or private

9 non-profit organization, such as a community mental

10 health clinic, family support organization, military sup11 port organization, law enforcement agency, community col12 lege, or public school.

13 (c) APPLICATION.—An eligible entity seeking a grant

14 under this section shall submit to the Secretary of Defense

15 an application therefor in such manner, and containing

16 such information, as the Secretary may require for purposes

17 of this section, including a description of how such entity

18 will work with the Department of Defense, the Department

19 of Veterans Affairs, State health agencies, other appropriate

20 Federal, State, and local agencies, family support organiza21 tions, and other community organization in undertaking

22 activities described in subsection (a).

23 (d) ANNUAL REPORTS BY GRANT RECIPIENTS.—An

24 entity awarded a grant under this section shall submit to

25 the Secretary of Defense on an annual basis a report on
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1 the activities undertaken by such entity during the pre2 ceding year utilizing amounts under the grant. Each report

3 shall include such information as the Secretary shall specify

4 for purposes of this subsection.

5 (e) ANNUAL REPORTS TO CONGRESS.—

6 (1) IN GENERAL.—Not later than one year after

7 the date of the enactment of this Act, and annually

8 thereafter, the Secretary of Defense shall submit to

9 Congress a report on activities undertaken under the

10 grants awarded under this section. The report shall

11 include recommendations for legislative, pro12 grammatic, or administrative action to improve or

13 enhance activities under the grants awarded under

14 this section.

15 (2) AVAILABILITY TO PUBLIC.—The Secretary

16 shall take appropriate actions to make each report

17 under this subsection available to the public.

18 SEC. 686. LONGITUDINAL STUDY ON TRAUMATIC BRAIN IN19 JURY INCURRED BY MEMBERS OF THE

20 ARMED FORCES IN OPERATION IRAQI FREE21 DOM AND OPERATION ENDURING FREEDOM.

22 (a) STUDY REQUIRED.—The Secretary of Defense

23 shall, in consultation with the Secretary of Veterans Affairs,

24 conduct a longitudinal study on the effects of traumatic

25 brain injury incurred by members of the Armed Forces in
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1 Operation Iraqi Freedom or Operation Enduring Freedom.

2 The duration of the longitudinal study shall be 15 years.

3 (b) ELEMENTS.—The study required by subsection (a)

4 shall address the following:

5 (1) The long-term physical and mental health ef6 fects of traumatic brain injuries incurred by members

7 of the Armed Forces during service in Operation

8 Iraqi Freedom or Operation Enduring Freedom.

9 (2) The health care, mental health care, and re10 habilitation needs of such members for such injuries

11 after the completion of inpatient treatment through

12 the Department of Defense, the Department of Vet13 erans Affairs, or both.

14 (3) The type and availability of long-term care

15 rehabilitation programs and services within and out16 side the Department of Defense and the Department

17 of Veterans Affairs for such members for such injuries,

18 including community-based programs and services

19 and in-home programs and services.

20 (c) REPORTS.—

21 (1) PERIODIC AND FINAL REPORTS.—After the

22 third, seventh, eleventh, and fifteenth years of the

23 study required by subsection (a), the Secretary of De24 fense shall, in consultation with the Secretary of Vet25 erans Affairs, submit to Congress a comprehensive re-
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1 port on the results of the study during the preceding

2 years. Each report shall include the following:

3 (A) Current information on the cumulative

4 outcomes of the study.

5 (B) Such recommendations as the Secretary

6 of Defense and the Secretary of Veterans Affairs

7 jointly consider appropriate based on the out8 comes of the study, including recommendations

9 for legislative, programmatic, or administrative

10 action to improve long-term care and rehabilita11 tion programs and services for members of the

12 Armed Forces with traumatic brain injuries.

13 (2) AVAILABILITY TO PUBLIC.—The Secretary of

14 Defense and the Secretary of Veterans Affairs shall

15 jointly take appropriate actions to make each report

16 under this subsection available to the public.

17 (d) FUNDING.—

18 (1) AUTHORIZATION OF APPROPRIATIONS.—

19 There is authorized to be appropriated to the Depart20 ment of Defense to carry out this section amounts as

21 follows:

22 (A) For fiscal year 2007, $5,000,000.

23 (B) For each of fiscal years 2008 through

24 2021, such sums as may be necessary.
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1 (2) OFFSET.—The amount authorized to be ap2 propriated by section 102(a)(2) for weapons procure3 ment for the Navy is hereby reduced by $5,000,000,

4 with the amount of the reduction to be allocated to

5 amounts for the Trident II conventional modification

6 program.

7 SEC. 687. TRAINING CURRICULA FOR FAMILY CAREGIVERS

8 ON CARE AND ASSISTANCE FOR MEMBERS

9 AND FORMER MEMBERS OF THE ARMED

10 FORCES WITH TRAUMATIC BRAIN INJURY IN11 CURRED IN OPERATION IRAQI FREEDOM AND

12 OPERATION ENDURING FREEDOM.

13 (a) TRAUMATIC BRAIN INJURY FAMILY CAREGIVER

14 PANEL.—

15 (1) ESTABLISHMENT.—The Secretary of Defense

16 shall, in consultation with the Secretary of Veterans

17 Affairs, establish within the Department of Defense a

18 panel to develop coordinated, uniform, and consistent

19 training curricula to be used in training family

20 members in the provision of care and assistance to

21 members and former members of the Armed Forces for

22 traumatic brain injuries incurred during service in

23 the Armed Forces in Operation Iraqi Freedom or Op24 eration Enduring Freedom.
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1 (2) DESIGNATION OF PANEL.—The panel estab2 lished under paragraph (1) shall be known as the

3 ‘‘Traumatic Brain Injury Family Caregiver Panel’’.

4 (3) MEMBERS.—The Traumatic Brain Injury

5 Family Caregiver Panel established under paragraph

6 (1) shall consist of 15 members appointed by the Sec7 retary of Defense, in consultation with the Secretary

8 of Veterans Affairs, equally represented from among—

9 (A) physicians, nurses, rehabilitation thera10 pists, and other individuals with an expertise in

11 caring for and assisting individuals with trau12 matic brain injury, including those who spe13 cialize in caring for and assisting individuals

14 with traumatic brain injury incurred in war;

15 (B) representatives of family caregivers or

16 family caregiver associations;

17 (C) Department of Defense and Department

18 of Veterans Affairs health and medical personnel

19 with expertise in traumatic brain injury, and

20 Department of Defense personnel and readiness

21 representatives with expertise in traumatic brain

22 injury;

23 (D) psychologists or other individuals with

24 expertise in the mental health treatment and

25 care of individuals with traumatic brain injury;
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1 (E) experts in the development of training

2 curricula; and

3 (F) any other individuals the Secretary

4 considers appropriate.

5 (b) DEVELOPMENT OF CURRICULA.—

6 (1) IN GENERAL.—The Traumatic Brain Injury

7 Family Caregiver Panel shall develop training cur8 ricula to be utilized during the provision of training

9 to family members of members and former members

10 of the Armed Forces described in subsection (a) on

11 techniques, strategies, and skills for care and assist12 ance for such members and former members with the

13 traumatic brain injuries described in that subsection.

14 (2) SCOPE OF CURRICULA.—The curricula

15 shall—

16 (A) be based on empirical research and

17 validated techniques; and

18 (B) shall provide for training that permits

19 recipients to tailor caregiving to the unique cir20 cumstances of the member or former member of

21 the Armed Forces receiving care.

22 (3) PARTICULAR REQUIREMENTS.—In developing

23 the curricula, the Traumatic Brain Injury Family

24 Caregiver Panel shall—
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1 (A) specify appropriate training commensu2 rate with the severity of traumatic brain injury;

3 and

4 (B) identify appropriate care and assist5 ance to be provided for the degree of severity of

6 traumatic brain injury for caregivers of various

7 levels of skill and capability.

8 (4) USE OF EXISTING MATERIALS.—In devel9 oping the curricula, the Traumatic Brain Injury

10 Family Caregiver Panel shall utilize and enhance

11 any existing training curricula, materials, and re12 sources applicable to such curricula as the Panel con13 siders appropriate.

14 (5) DEADLINE FOR DEVELOPMENT.—The Trau15 matic Brain Injury Family Caregiver Panel shall de16 velop the curricula not later than one year after the

17 date of the enactment of this Act.

18 (c) DISSEMINATION OF CURRICULA.—

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

20 shall, in consultation with the Traumatic Brain In21 jury Family Caregiver Panel, develop mechanisms for

22 the dissemination of the curricula developed under

23 subsection (b) to health care professionals referred to

24 in paragraph (2) who treat or otherwise work with

25 members and former members of the Armed Forces
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1 with traumatic brain injury incurred in Operation

2 Iraqi Freedom or Operation Enduring Freedom. In

3 developing such mechanisms, the Secretary may uti4 lize and enhance existing mechanisms, including the

5 Military Severely Injured Center.

6 (2) HEALTH CARE PROFESSIONALS.—The health

7 care professionals referred to in this paragraph are

8 the following:

9 (A) Personnel at military medical treat10 ment facilities.

11 (B) Personnel at the polytrauma centers of

12 the Department of Veterans Affairs.

13 (C) Personnel and care managers at the

14 Military Severely Injured Center.

15 (D) Such other health care professionals of

16 the Department of Defense as the Secretary con17 siders appropriate.

18 (E) Such other health care professionals of

19 the Department of Veterans Affairs as the Sec20 retary of Defense, in consultation with the Sec21 retary of Veterans Affairs, considers appropriate.

22 (3) PROVISION OF TRAINING TO FAMILY CARE23 GIVERS.—

24 (A) IN GENERAL.—Health care professionals

25 referred to in paragraph (2) who are trained in
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1 the curricula developed under subsection (b) shall

2 provide training to family members of members

3 and former members of the Armed Forces who

4 incur traumatic brain injuries during service in

5 the Operation Iraqi Freedom or Operation En6 during Freedom in the care and assistance to be

7 provided for such injuries.

8 (B) TIMING OF TRAINING.—Training under

9 this paragraph shall, to the extent practicable, be

10 provided to family members while the member or

11 former member concerned is undergoing treat12 ment at a facility of the Department of Defense

13 or Department of Veterans Affairs, as applicable,

14 in order to ensure that such family members re15 ceive practice on the provision of such care and

16 assistance under the guidance of qualified health

17 professionals.

18 (C) PARTICULARIZED TRAINING.—Training

19 provided under this paragraph to family mem20 bers of a particular member or former member

21 shall be tailored to the particular care needs of

22 such member or former member and the par23 ticular caregiving needs of such family members.

24 (4) QUALITY ASSURANCE.—The Secretary shall

25 develop mechanisms to ensure quality in the provision
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1 of training under this section to health care profes2 sionals referred to in paragraph (2) and in the provi3 sion of such training under paragraph (4) by such

4 health care professionals.

5 (5) REPORT.—Not later than one year after the

6 development of the curricula required by subsection

7 (b), and annually thereafter, the Traumatic Brain

8 Injury Family Caregiver Training Panel shall submit

9 to the Secretary of Defense and the Secretary of Vet10 erans Affairs, and to Congress, a report on the fol11 lowing:

12 (A) The actions undertaken under this sub13 section.

14 (B) The results of the tracking of outcomes

15 based on training developed and provided under

16 this section.

17 (C) Recommendations for the improvement

18 of training developed and provided under this

19 section.

20 (d) FUNDING.—

21 (1) AUTHORIZATION OF APPROPRIATIONS.—

22 There is authorized to be appropriated to the Depart23 ment of Defense to carry out this section amounts as

24 follows:

25 (A) For fiscal year 2007, $1,000,000.
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1 (B) For each of fiscal years 2008 through

2 2011, such sums as may be necessary.

3 (2) OFFSET.—The amount authorized to be ap4 propriated by section 102(a)(2) for weapons procure5 ment for the Navy is hereby reduced by $1,000,000,

6 with the amount of the reduction to be allocated to

7 amounts for the Trident II conventional modification

8 program.

9 TITLE VII—HEALTH CARE

10 Subtitle A—Benefits Matters

11 SEC. 701. IMPROVED PROCEDURES FOR CANCER SCREEN12 ING FOR WOMEN.

13 (a) PRIMARY AND PREVENTIVE HEALTH CARE SERV14 ICES AUTHORITY.—Section 1074d of title 10, United States

15 Code, is amended—

16 (1) in subsection (a)(1), by adding at the end the

17 following new sentence: ‘‘The services described in

18 paragraphs (1) and (2) of subsection (b) shall be pro19 vided under such procedures and at such intervals as

20 the Secretary of Defense shall prescribe.’’; and

21 (2) in subsection (b), by striking paragraphs (1)

22 and (2) and inserting the following new paragraphs:

23 ‘‘(1) Cervical cancer screening.

24 ‘‘(2) Breast cancer screening.’’.
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1 (b) TRICARE PROGRAM.—Section 1079(a)(2) of such

2 title is amended—

3 (1) in the matter preceding subparagraph (A),

4 by striking ‘‘the schedule of pap smears and mammo5 grams’’ and inserting ‘‘the schedule and method of

6 cervical cancer screenings and breast cancer

7 screenings’’; and

8 (2) in subparagraph (B), by striking ‘‘pap

9 smears and mammograms’’ and inserting ‘‘cervical

10 and breast cancer screenings’’.

11 SEC. 702. NATIONAL MAIL-ORDER PHARMACY PROGRAM.

12 (a) AVAILABILITY OF REFILLS OF MAINTENANCE-TYPE

13 MEDICATIONS SOLELY THROUGH PROGRAM.—

14 (1) IN GENERAL.—Subsection (a)(2) of section

15 1074g of title 10, United States Code, is amended—

16 (A) in subparagraph (E), by striking

17 ‘‘Pharmaceutical agents’’ and inserting ‘‘Except

18 as provided in subparagraph (F), pharma19 ceutical agents’’; and

20 (B) by adding at the end the following new

21 subparagraph:

22 ‘‘(F)(i) Effective April 1, 2007, refills of maintenance

23 medications shall, except as provided under clause (ii), be

24 available to eligible covered beneficiaries solely through the
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1 national mail-order pharmacy program referred to in sub2 paragraph (E)(iii).

3 ‘‘(ii) Under such regulations as the Secretary may pre4 scribe under this subparagraph, refills of a maintenance

5 medication may be available to covered eligible beneficiaries

6 through means other than the national mail-order phar7 macy program if clinical requirements make it advisable

8 that such medication be available to such beneficiaries

9 through such other means.

10 ‘‘(iii) The Secretary shall specify the pharmaceutical

11 agents constituting maintenance medications for purposes

12 of this subparagraph.’’.

13 (2) CONFORMING AMENDMENT.—Subsection

14 (f)(1) of such section is amended by striking ‘‘sub15 section (a)(2)(E)’’ and inserting ‘‘subparagraphs (E)

16 and (F) of subsection (a)(2)’’.

17 (b) PROHIBITION ON COPAYMENTS FOR CERTAIN

18 PHARMACEUTICALS AVAILABLE THROUGH PROGRAM.—

19 Subsection (a)(6) of such section is amended by adding at

20 the end the following new subparagraph:

21 ‘‘(C) In establishing the cost-sharing requirements, the

22 Secretary may not impose any copayment or cost-sharing

23 requirement with respect to the following:

24 ‘‘(i) Refills of generic medications.
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1 ‘‘(ii) Brand name medications determined by a

2 physician to be medically necessary.’’.

3 SEC. 703. AVAILABILITY UNDER TRICARE OF ANESTHESIA

4 FOR CHILDREN IN CONNECTION WITH DEN5 TAL PROCEDURES FOR WHICH DENTAL ANES6 THESIA IS INAPPROPRIATE.

7 Section 1079(a)(1) of title 10, United States Code, is

8 amended by inserting before the period at the end the fol9 lowing: ‘‘, except that, pursuant to such regulations as the

10 Secretary of Defense may prescribe, hospitalization and

11 professional services may be provided in connection with

12 the anesthesia of a child under the age of six years for a

13 dental procedure which, as determined by a qualified dental

14 specialist, is necessary’’.

15 SEC. 704. TRICARE COVERAGE FOR FORENSIC EXAMINA16 TIONS FOLLOWING SEXUAL ASSAULTS AND

17 DOMESTIC VIOLENCE.

18 Section 1079(a) of title 10, United States Code, is

19 amended by adding at the end the following new paragraph:

20 ‘‘(17) Forensic examinations following a sexual

21 assault or domestic violence may be provided.’’.
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1 SEC. 705. PROHIBITION ON INCREASE IN FISCAL YEAR 2007

2 IN ENROLLMENT FEES FOR COVERAGE

3 UNDER TRICARE PRIME.

4 (a) PROHIBITION.—Fees charged for enrollment in

5 TRICARE Prime may not be increased during fiscal year

6 2007.

7 (b) TRICARE PRIME DEFINED.—In this section, the

8 term ‘‘TRICARE Prime’’ means the managed care option

9 of the TRICARE program.

10 SEC. 706. LIMITATION ON FISCAL YEAR 2007 INCREASE IN

11 PREMIUMS FOR COVERAGE UNDER TRICARE

12 OF MEMBERS OF RESERVE COMPONENTS

13 WHO COMMIT TO CONTINUED SERVICE IN SE14 LECTED RESERVE AFTER RELEASE FROM AC15 TIVE DUTY.

16 Any premium charged under subsection (d) of section

17 1076d of title 10, United States Code, for coverage under

18 TRICARE of members of reserve components who commit

19 to continued service in the Selected Reserve after release

20 from active duty, as authorized by subsection (a) of such

21 section, may not be increased during fiscal year 2007 by

22 an amount which exceeds 2.2 percent of such premium as

23 of September 30, 2006.
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1 SEC. 707. TEMPORARY PROHIBITION ON INCREASE IN CO2 PAYMENTS UNDER RETAIL PHARMACY SYS3 TEM OF PHARMACY BENEFITS PROGRAM.

4 Subsection (a)(6) of section 1074g of title 10, United

5 States Code, as amended by section 702(b) of this Act, is

6 further amended by adding at the end the following new

7 subparagraph:

8 ‘‘(D) During the period beginning on October 1, 2006,

9 and ending on September 31, 2007, the cost sharing require10 ments established under this paragraph for pharmaceutical

11 agents available through retail pharmacies covered by para12 graph (2)(E)(ii) may not exceed amounts as follows:

13 ‘‘(i) In the case of generic agents, $3.

14 ‘‘(ii) In the case of formulary agents, $9.

15 ‘‘(iii) In the case of nonformulary agents, $22.’’.

16 SEC. 708. EXPANSION OF ELIGIBILITY OF MEMBERS OF THE

17 SELECTED RESERVE FOR COVERAGE UNDER

18 TRICARE.

19 (a) IN GENERAL.—Subsection (a) of section 1076b of

20 title 10, United States Code, is amended—

21 (1) in paragraph (2), by striking ‘‘or’’ at the

22 end;

23 (2) in paragraph (3), by striking the period at

24 the end and inserting ‘‘; or’’; and

25 (3) by adding at the end the following new para26 graph:
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1 ‘‘(4) is an employee of a business with 20 or

2 fewer employees.’’.

3 (b) PREMIUMS.—Subsection (e)(2) of such section is

4 amended by adding at the end the following new subpara5 graph:

6 ‘‘(C) For members eligible under paragraph (4)

7 of subsection (a), the amount equal to 75 percent of

8 the total amount determined by the Secretary on an

9 appropriate actuarial basis as being reasonable for

10 the coverage.’’.

11 (c) EFFECTIVE DATE.—The amendments made by this

12 section shall take effect on October 1, 2006.

13 Subtitle B—Planning,

14 Programming, and Management

15 SEC. 721. TREATMENT OF TRICARE RETAIL PHARMACY NET16 WORK UNDER FEDERAL PROCUREMENT OF

17 PHARMACEUTICALS.

18 Section 1074g of title 10, United States Code, is

19 amended—

20 (1) by redesignating subsections (f) and (g) as

21 subsections (g) and (h), respectively; and

22 (2) by inserting after subsection (e) the following

23 new subsection (f):

24 ‘‘(f) TRICARE RETAIL PHARMACY NETWORK.—The

25 TRICARE Retail Pharmacy Network under the TRICARE
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1 program shall be treated as an element of the Department

2 of Defense for purposes of the procurement of drugs by Fed3 eral agencies under section 8126 of title 38 in connection

4 with the provision by pharmacies in the Network of phar5 maceutical services to eligible covered beneficiaries under

6 this section.’’.

7 SEC. 722. RELATIONSHIP BETWEEN THE TRICARE PROGRAM

8 AND EMPLOYER-SPONSORED GROUP HEALTH

9 CARE PLANS.

10 (a) IN GENERAL.—Chapter 55 of title 10, United

11 States Code, is amended by inserting after section 1097b

12 the following new section:

13 ‘‘§ 1097c. TRICARE program: relationship with em14 ployer-sponsored group health plans

15 ‘‘(a) IN GENERAL.—(1) The TRICARE program is the

16 secondary payer for any health care services provided by

17 an employer to a TRICARE eligible employee of such em18 ployer, and the spouse of such employee, through any group

19 health plan offered by such employer.

20 ‘‘(2) An employer shall provide that a TRICARE eligi21 ble employee of such employer, and the spouse of such em22 ployee, is entitled to benefits and services under the group

23 health plan offered by such employer in the same manner

24 and to the same extent as similarly situated employees of

25 such employer who are not TRICARE eligible employees.
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1 ‘‘(3) An employer of a TRICARE eligible employee

2 may not establish any condition applicable to the partici3 pation of the employee in a group health plan offered by

4 such employer in connection with the entitlement of the em5 ployee for health care services under the TRICARE pro6 gram, including any condition on—

7 ‘‘(A) the eligibility of the employee for participa8 tion in the plan; or

9 ‘‘(B) benefits or services available to the em10 ployee under the plan.

11 ‘‘(b) PROHIBITION ON INCENTIVES FOR TRICARE EL12 IGIBLE EMPLOYEES NOT TO ENROLL OR TO DISENROLL

13 IN GROUP HEALTH PLANS.—(1) An employer may not offer

14 a TRICARE eligible employee any financial or other benefit

15 (including health services coverage that is supplemental to

16 health services coverage under the TRICARE program) not

17 to enroll, or to disenroll, in the group health plan offered

18 by the employer in order to ensure that the TRICARE pro19 gram, rather than the plan, is the primary payer for health

20 care services received by the employee.

21 ‘‘(2)(A) An employer who violates the prohibition in

22 paragraph (1) shall be liable to the United States for a civil

23 penalty in an amount not to exceed $5,000 for each viola24 tion.
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1 ‘‘(B) Any amounts collected under this paragraph

2 shall be credited to the appropriation available for the

3 TRICARE program for the fiscal year in which such

4 amounts are collected.

5 ‘‘(3)(A) Except as provided in subparagraph (B), the

6 provisions of section 1128A of the Social Security Act (42

7 U.S.C. 1320a–7a), other than subsections (a) and (b) of

8 such section 1128A, which provisions relate to procedures

9 for the imposition of civil money penalties for certain viola10 tions of the Social Security Act, shall apply to the imposi11 tion of penalties under paragraph (2).

12 ‘‘(B) The Secretary of Defense may provide in the reg13 ulations prescribed under this section for the application

14 to the imposition of penalties under paragraph (2) of proce15 dural requirements specified in such regulations rather

16 than the procedural requirements referred to in subpara17 graph (A). Any procedural requirements under such regula18 tions shall be comparable to the procedural requirements

19 referred to in subparagraph (A).

20 ‘‘(c) ELECTION OF TRICARE ELIGIBLE EMPLOYEES

21 TO PARTICIPATE IN GROUP HEALTH PLAN.—A TRICARE

22 eligible employee shall have the opportunity to elect to par23 ticipate in the group health plan offered by the employer

24 of the employee and receive primary coverage for health care

25 services under the plan in the same manner and to the same
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1 extent as similarly situated employees of such employer who

2 are not TRICARE eligible employees.

3 ‘‘(d) INAPPLICABILITY TO CERTAIN EMPLOYERS.—The

4 provisions of this section do not apply to any employer who

5 has fewer than 20 employees.

6 ‘‘(e) RETENTION OF ELIGIBILITY FOR COVERAGE

7 UNDER TRICARE.—Nothing in this section, including an

8 election made by a TRICARE eligible employee under sub9 section (c), shall be construed to effect, modify, or terminate

10 the eligibility of a TRICARE eligible employee or spouse

11 of such employee for health care or dental services under

12 this chapter in accordance with the other provisions of this

13 chapter.

14 ‘‘(f) COLLECTION OF INFORMATION.—(1) To improve

15 the administration of this section, the Secretary of Defense

16 may utilize the authorities on collection of information set

17 forth in paragraphs (1) and (2) of section 1095(k) of this

18 title, including the authority in the second sentence of para19 graph (2) of such section.

20 ‘‘(2) Information obtained pursuant to the use of the

21 authorities in paragraph (1) may not be disclosed for any

22 purpose of than to carry out the purpose of this section.

23 ‘‘(g) OUTREACH.—The Secretary of Defense shall, in

24 coordination with the other administering Secretaries, con25 duct outreach to inform covered beneficiaries who are enti-
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1 tled to health care benefits under the TRICARE program

2 of the rights and responsibilities of such beneficiaries and

3 employers under this section.

4 ‘‘(h) REGULATIONS.—The Secretary of Defense shall

5 prescribe regulations relating to the administration and en6 forcement of this section. The regulations shall be prescribed

7 in consultation with the other administering Secretaries

8 and the Attorney General, as appropriate.

9 ‘‘(i) DEFINITIONS.—In this section:

10 ‘‘(1) The term ‘employer’ includes a State or

11 unit of local government.

12 ‘‘(2) The term ‘group health plan’ means a group

13 health plan (as that term is defined in section

14 5000(b)(1) of the Internal Revenue Code of 1986 with15 out regard to section 5000(d) of the Internal Revenue

16 Code of 1986).

17 ‘‘(3) The term ‘primary payer’ means a group

18 health plan that provides a benefit that would be pri19 mary under section 1079(j)(1) or 1086(g) of this title.

20 ‘‘(4) The term ‘secondary payer’ means a plan or

21 program whose medical benefits are payable only

22 after a primary payer has provided medical benefits

23 in accordance with applicable law and the plan of the

24 primary payer.
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1 ‘‘(5) The term ‘TRICARE eligible employee’

2 means a covered beneficiary under section 1086 of

3 this title entitled to health care benefits under the

4 TRICARE program.

5 ‘‘(j) EFFECTIVE DATE.—This section shall take effect

6 on January 1, 2008.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections at

8 the beginning of chapter 55 of such title is amended by in9 serting after the item relating to section 1097b the following

10 new item:

‘‘1097c. TRICARE program: relationship with employer-sponsored group health

plans.’’.

11 SEC. 723. ENROLLMENT IN THE TRICARE PROGRAM.

12 (a) SYSTEM OF ENROLLMENT REQUIRED.—Chapter

13 55 of title 10, United States Code, is amended by inserting

14 after section 1097c, as added by section 722(a) of this Act,

15 the following new section:

16 ‘‘§ 1097d. TRICARE program: system of enrollment

17 ‘‘(a) ESTABLISHMENT OF SYSTEM.—Not later than

18 October 1, 2007, the Secretary of Defense shall establish a

19 universal system for enrollment of all beneficiaries who ob20 tain health care services from military medical treatment

21 facilities or civilian health care providers under the

22 TRICARE program (in this section referred to as ‘partici23 pating beneficiaries’).
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1 ‘‘(b) PURPOSES OF SYSTEM.—The purposes of the sys2 tem required by subsection (a) shall be as follows:

3 ‘‘(1) To ensure the efficient administration of

4 benefits under the TRICARE program, including the

5 Standard option of TRICARE.

6 ‘‘(2) To ensure that the geographic distribution

7 of healthcare providers under the TRICARE program

8 meets the needs of participating beneficiaries for

9 ready access to health care services under the pro10 gram.

11 ‘‘(3) To promote the implementation of disease

12 management and chronic care management programs

13 authorized by the National Defense Authorization Act

14 for Fiscal Year 2007 and other provisions of law.

15 ‘‘(c) ELEMENTS.—The system required by subsection

16 (a) shall be subject to the following:

17 ‘‘(1) Enrollment is required for all benefits op18 tions under the TRICARE program.

19 ‘‘(2) A one-time enrollment fee (in the amount of

20 $25, in the case of an individual enrolling in self only

21 coverage, or $40, in the case of an individual enroll22 ing in self and family coverage) may be collected for

23 all participating beneficiaries who utilize the Stand24 ard option of TRICARE, except that such enrollment

25 fee may not be collected from the following:
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1 ‘‘(A) Dependents of members of the armed

2 forces on active duty.

3 ‘‘(B) Dependents of Reserves on extended ac4 tive duty pursuant to a call or order to active

5 duty of 30 days or more.

6 ‘‘(C) Participating beneficiaries who are

7 also eligible for benefits under the Medicare pro8 gram under title XVIII of the Social Security

9 Act (42 U.S.C. 1395 et seq.).

10 ‘‘(D) Participating beneficiaries enrolled in

11 TRICARE Reserve Select under section 1076d of

12 this title.

13 ‘‘(3) Enrollment in the system may occur at any

14 time.

15 ‘‘(4) Enrollment in the system shall be by a vari16 ety of means utilizing a standard format.

17 ‘‘(d) ADMINISTRATION.—The Secretary shall provide

18 for the administration of the system in each region of the

19 TRICARE program by the TRICARE Regional Director

20 for such region.

21 ‘‘(e) HEALTH RISK ASSESSMENT.—(1) The Secretary

22 of Defense shall provide to each participating beneficiary

23 who enrolls in the system required by subsection (a) a health

24 risk assessment not later than 120 days after the date of
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1 the enrollment of such participating beneficiary in the sys2 tem.

3 ‘‘(2) The Secretary shall provide health risk assess4 ments under paragraph (1) by any means that the Sec5 retary considers appropriate for purposes of this section.

6 ‘‘(f) CONSEQUENCES OF LACK OF PAYMENT OF EN7 ROLLMENT FEE.—(1) In the case of any participating bene8 ficiary who is subject to the payment of an enrollment fee

9 under the authority in subsection (c)(2), payment of the en10 rollment fee shall, except as provided in paragraph (2), be

11 a condition for receipt of benefits under the TRICARE pro12 gram.

13 ‘‘(2) The Secretary of Defense may waive the applica14 bility of paragraph (1) to any participating beneficiary or

15 class of participating beneficiaries if the Secretary deter16 mines that the waiver is in the best interests of the United

17 States.

18 ‘‘(g) COMMUNICATIONS AND OUTREACH WITH EN19 ROLLEES.—(1) The Secretary of Defense shall, on a periodic

20 basis but not less often than annually, provide to partici21 pating beneficiaries who are enrolled in the system required

22 by subsection (a) information on current matters relating

23 to the TRICARE program, including information on bene24 fits available under the TRICARE program and informa25 tion on preventive health care services and other practices
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1 intended to promote health and wellness among such par2 ticipating beneficiaries.

3 ‘‘(2) The Secretary shall, on a periodic basis, conduct

4 surveys or otherwise collect information on participating

5 beneficiaries enrolled in the system with respect to the fol6 lowing:

7 ‘‘(A) The satisfaction of such beneficiaries who

8 are participants in the option of the TRICARE pro9 gram known as TRICARE Standard with the nature

10 and scope of, and access to, health care services under

11 that option.

12 ‘‘(B) Other health care insurance, if any, that is

13 available to such beneficiaries.

14 ‘‘(C) Any other matters that the Secretary con15 siders appropriate to improve health care benefits and

16 access to health care services under the TRICARE

17 program.

18 ‘‘(h) CONSULTATION.—The Secretary of Defense shall

19 carry out this section in consultation with the other admin20 istering Secretaries.’’.

21 (b) COMPTROLLER GENERAL REPORT ON SYSTEM.—

22 Not later than September 15, 2007, the Comptroller General

23 of the United States shall submit to the congressional de24 fense committees a report on the system of enrollment re25 quired by section 1097d of title 10, United States Code (as
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1 added by subsection (a)). The report shall include the fol2 lowing:

3 (1) An assessment of the progress made toward

4 implementation of the system.

5 (2) A description and assessment of the integra6 tion of the system with the regional business plan of

7 the TRICARE Regional Offices.

8 (3) An assessment of the readiness of the Depart9 ment to implement the system by October 1, 2007.

10 (c) REPEAL OF SUPERSEDED AUTHORITY.—Section

11 1099 of title 10, United States Code, is repealed.

12 (d) CLERICAL AMENDMENTS.—The table of sections at

13 the beginning of chapter 55 of such title is amended—

14 (1) by inserting after the item relating to section

15 1097c, as added by section 722(b) of this Act, the fol16 lowing new item:

‘‘1097d. TRICARE program: system of enrollment.’’;

17 and

18 (2) by striking the item relating to section 1099.

19 SEC. 724. INCENTIVE PAYMENTS FOR THE PROVISION OF

20 SERVICES UNDER THE TRICARE PROGRAM IN

21 MEDICALLY UNDERSERVED AREAS.

22 (a) IN GENERAL.—Chapter 55 of title 10, United

23 States Code, is amended by inserting after section 1097d,

24 as added by section 723(a) of this Act, the following new

25 section:
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1 ‘‘§ 1097e. TRICARE program: incentive payments for

2 provision of services in medically under3 served areas

4 ‘‘(a) INCENTIVE PAYMENTS AUTHORIZED.—(1) Com5 mencing with the calendar quarter beginning on January

6 1, 2008, the Secretary of Defense, after consultation with

7 the other administering Secretaries, shall make incentive

8 payments under this section to physicians participating in

9 the TRICARE program in a medically underserved area.

10 ‘‘(2) Incentive payments payable under this section

11 shall be paid with respect to physician professional services

12 furnished in medically underserved areas.

13 ‘‘(3) The incentive payment payable under this section

14 with respect to a physician professional service is in addi15 tion to any other amounts payable for such service under

16 the TRICARE program.

17 ‘‘(b) MEDICALLY UNDERSERVED AREA.—For purposes

18 of this section, a medically underserved area is either of

19 the following:

20 ‘‘(1) A primary care scarcity county (with re21 spect to a primary care physician) or specialist care

22 scarcity county (with respect to any other physician)

23 identified by the Secretary of Health and Human

24 Services under section 1833(u)(4) of the Social Secu25 rity Act (42 U.S.C. 1395l(u)(4)).
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1 ‘‘(2) A health professional shortage area identi2 fied by the Secretary of Health and Human Services

3 under section 1833(m)(1) of the Social Security Act

4 (42 U.S.C. 1395l(m)(1)).

5 ‘‘(c) AMOUNT OF INCENTIVE PAYMENT.—The amount

6 of the incentive payment payable under subsection (a) with

7 respect to a physician professional service is as follows:

8 ‘‘(1) In the case of a service furnished by a pri9 mary care physician in a primary care scarcity

10 county or a service furnished by any other physician

11 in a specialist care scarcity county covered by sub12 section (b)(1), an amount equal to 5 percent of the

13 amount payable for the service under the TRICARE

14 program.

15 ‘‘(2) In the case of a service furnished in an area

16 covered by subsection (b)(2), an amount equal to 10

17 percent of the amount payable for the service under

18 the TRICARE program.

19 ‘‘(3) In the case of a service provided in a loca20 tion that is covered by both paragraphs (1) and (2)

21 of subsection (b), an amount equal to 15 percent of

22 the amount payable for the service under the

23 TRICARE program.

24 ‘‘(d) LOCATION OF PROVISION OF SERVICE.—(1) For

25 purposes of identifying the location in which a physician
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1 professional service is furnished for purposes of this section,

2 the Secretary of Defense shall use the 5-digit postal ZIP

3 code system.

4 ‘‘(2) If the 5-digit postal ZIP code for an area covers

5 more than one county, the dominant county (as determined

6 by the United States Postal Service or otherwise) shall be

7 used to determine whether the postal ZIP code is in a scar8 city county covered by subsection (b)(1).

9 ‘‘(e) FREQUENCY OF PAYMENT.—Incentive payments

10 payable under this section shall be paid on a quarterly basis

11 for incentive payments accrued during the previous cal12 endar quarter.

13 ‘‘(f) REGULATIONS.—The Secretary of Defense, in con14 sultation with the other administering Secretaries, shall

15 prescribe regulations for the administration of this sec16 tion.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections at

18 the beginning of chapter 55 of such title, as amended by

19 section 723(d)(1) of this Act, is further amended by insert20 ing after the item relating to section 1097d the following

21 new item:

‘‘1097e. TRICARE program: incentive payments for provision of services in medically underserved areas.’’.
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1 SEC. 725. STANDARDIZATION OF CLAIMS PROCESSING

2 UNDER TRICARE PROGRAM AND MEDICARE

3 PROGRAM.

4 (a) IN GENERAL.—Effective October 1, 2007, the

5 claims processing requirements under the TRICARE pro6 gram on the matters described in subsection (b) shall be

7 identical to the claims processing requirements under the

8 Medicare program on such matters.

9 (b) COVERED MATTERS.—The matters described in

10 this subsection are as follows:

11 (1) The utilization of single or multiple provider

12 identification numbers for purposes of the payment of

13 health care claims by Department of Defense contrac14 tors.

15 (2) The documentation required to substantiate

16 medical necessity for items and services that are cov17 ered under both the TRICARE program and the

18 Medicare program.

19 (c) IMMEDIATE COLLECTION FROM THIRD-PARTY

20 PAYERS.—

21 (1) POLICY REQUIRED.—The Secretary of De22 fense, in consultation with the other administering

23 Secretaries, shall prescribe in regulations a policy for

24 the collection of amounts from third-party payers as

25 authorized by section 1095 of title 10, United States
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1 Code, immediately upon the presentation of claims for

2 health care services to the Department of Defense.

3 (2) OVERPAYMENT.—The policy required by sub4 section (a) shall include mechanisms for the

5 recoupment by third-party payers of amounts over6 paid to the United States under the policy.

7 (d) ANNUAL REPORTS ON CLAIMS PROCESSING

8 STANDARDIZATION.—

9 (1) IN GENERAL.—Not later than October 1,

10 2007, and annually thereafter, the Secretary of De11 fense shall submit to the congressional defense com12 mittees a report setting forth a complete list of the

13 claims processing requirements under the TRICARE

14 program that differ from claims processing require15 ments under the Medicare program.

16 (2) ELEMENTS.—Each report under paragraph

17 (1) shall include, for each claims processing require18 ment listed in such report, a business case that justi19 fies maintaining such requirement under the

20 TRICARE program as a different claims processing

21 requirement than that required under the Medicare

22 program.

23 (e) DEFINITIONS.—In this section:
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1 (1) The term ‘‘administering Secretaries’’ has the

2 meaning given that term in section 1072(3) of title

3 10, United States Code.

4 (2) The term ‘‘Medicare program’’ means the

5 program under title XVIII of the Social Security Act

6 (42 U.S.C. 1395 et seq.).

7 (3) The term ‘‘TRICARE program’’ has the

8 meaning given that term in section 1072(7) of title

9 10, United States Code.

10 SEC. 726. REQUIREMENTS FOR SUPPORT OF MILITARY

11 TREATMENT FACILITIES BY CIVILIAN CON12 TRACTORS UNDER TRICARE.

13 (a) ANNUAL INTEGRATED REGIONAL REQUIREMENTS

14 ON SUPPORT.—The Regional Director of each region under

15 the TRICARE program shall develop each year integrated,

16 comprehensive requirements for the support of military

17 treatment facilities in such region that is provided by con18 tract civilian health care and administrative personnel

19 under the TRICARE program.

20 (b) PURPOSES.—The purposes of the requirements es21 tablished under subsection (a) shall be as follows:

22 (1) To ensure consistent standards of quality in

23 the support of military treatment facilities by con24 tract civilian health care personnel under the

25 TRICARE program.
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1 (2) To identify targeted, actionable opportunities

2 throughout each region of the TRICARE program for

3 the most efficient delivery of health care and support

4 of military treatment facilities.

5 (3) To ensure the most effective use of various

6 available contracting methods in securing support of

7 military treatment facilities by civilian personnel

8 under the TRICARE program, including resource9 sharing and clinical support agreements, direct con10 tracting, and venture capital investments.

11 (4) To achieve savings targets for each region

12 under the TRICARE program.

13 (c) FACILITATION AND ENHANCEMENT OF CON14 TRACTOR SUPPORT.—

15 (1) IN GENERAL.—The Secretary of Defense shall

16 take appropriate actions to facilitate and enhance the

17 support of military treatment facilities under the

18 TRICARE program in order to assure maximum

19 quality and productivity.

20 (2) ACTIONS.—In taking actions under para21 graph (1), the Secretary shall—

22 (A) ensure approval by a Regional Director

23 of all proposals for the support of military treat24 ment facilities in the region concerned in accord25 ance with the most current requirements estab-
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1 lished by such Regional Director under sub2 section (a);

3 (B) ensure the availability of adequate and

4 sustainable funding support for projects which

5 produce a return on investment to the military

6 treatment facilities;

7 (C) ensure that a portion of any return on

8 investment is returned to the military treatment

9 facility to which such savings are attributable;

10 (D) require consistent standards of quality

11 for contract civilian health care personnel pro12 viding support of military treatment facilities

13 under the TRICARE program, including—

14 (i) consistent credentialing require15 ments among military treatment facilities;

16 and

17 (ii) accreditation of health care staff18 ing firms by the Joint Commission on the

19 Accreditation of Health Care Organization

20 Health Care Staffing Standards;

21 (E) remove financial disincentives for mili22 tary treatment facilities and civilian contractors

23 to initiate and sustain agreements for the sup24 port of military treatment facilities by such con25 tractors under the TRICARE program;
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1 (F) provide for a consistent process across

2 all regions of the TRICARE program for devel3 oping cost benefit analyses of agreements for the

4 support of military treatment facilities by civil5 ian contractors under the TRICARE program

6 based on actual cost and utilization data within

7 each region of the TRICARE program; and

8 (G) provide for a system for tracking the

9 performance of each project for support of mili10 tary treatment facilities by a civilian contractor

11 under the TRICARE program.

12 (d) REPORTS TO CONGRESS.—

13 (1) ANNUAL REPORTS REQUIRED.—Not later

14 than February 1 each year, the Secretary shall submit

15 to the congressional defense committees a report on

16 the support of military treatment facilities by civilian

17 contractors under the TRICARE program during the

18 preceding fiscal year.

19 (2) ELEMENTS.—Each report shall set forth, for

20 the fiscal year covered by such report, the following:

21 (A) The status of the support of military

22 health treatment facilities that is provided by

23 contract civilian health care personnel under the

24 TRICARE program in each region of the

25 TRICARE program.
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1 (B) An assessment of the compliance of such

2 support with regional requirements under sub3 section (a).

4 (C) The number and type of agreements for

5 the support of military treatment facilities by

6 contract civilian health care personnel.

7 (D) The standards of quality in effect under

8 the requirements under subsection (a).

9 (E) The savings anticipated, and any sav10 ings achieved, as a result of the implementation

11 of the requirements under subsection (a).

12 SEC. 727. UNIFORM STANDARDS FOR ACCESS TO HEALTH

13 CARE SERVICES FOR WOUNDED OR INJURED

14 SERVICEMEMBERS.

15 (a) UNIFORM STANDARDS REQUIRED.—The Secretary

16 of Defense shall prescribe in regulations uniform standards

17 for the access of wounded or injured members of the Armed

18 Forces to health care services through the military health

19 care system.

20 (b) MATTERS COVERED BY STANDARDS.—The stand21 ards required by subsection (a) shall establish uniform pol22 icy with respect to the following:

23 (1) The access of wounded or injured members of

24 the Armed Forces to emergency care.
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1 (2) The access of such members to surgical serv2 ices.

3 (3) Waiting times for referrals and consultations

4 of such members by medical personnel, dental per5 sonnel, mental health specialists, and rehabilitative

6 service specialists, including personnel and specialists

7 with expertise in prosthetics and the in treatment of

8 head, vision, and spinal cord injuries.

9 (4) Waiting times of such members for acute care

10 and for routine follow-up care.

11 (c) REFERRAL TO PROVIDERS OUTSIDE MILITARY

12 HEALTH CARE SYSTEM.—To the extent practicable, the

13 Secretary shall require in the standards under subsection

14 (a) that the standards be met through whatever means or

15 mechanisms possible, including through the referral of mem16 bers described in that subsection to health care providers

17 outside the military health care system.

18 (d) TRACKING OF PERFORMANCE.—The standards re19 quired by subsection (a) shall require each Secretary con20 cerned to establish mechanisms for tracking the performance

21 of the military health care system under the jurisdiction

22 of such Secretary in meeting the requirements for access of

23 wounded or injured members of the Armed Forces to health

24 care services set forth in such standards.
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1 (e) SECRETARY CONCERNED DEFINED.—In this sec2 tion, the term ‘‘Secretary concerned’’ has the meaning given

3 that term in section 101(a) of title 10, United States Code.

4 SEC. 728. DISEASE AND CHRONIC CARE MANAGEMENT.

5 (a) PROGRAM REQUIRED.—Not later than October 1,

6 2007, the Secretary of Defense shall establish and imple7 ment throughout the military health care system a fully8 integrated program on disease and chronic care manage9 ment that provides, to the extent practicable, uniform poli10 cies and practices, and regional execution of such policies

11 and practices, on disease management and chronic care

12 management throughout that system, including both mili13 tary hospitals and clinics and civilian healthcare providers.

14 (b) PURPOSES OF PROGRAM.—The purposes of the pro15 gram required by subsection (a) are as follows:

16 (1) To facilitate the improvement of the health

17 status of individuals under care in the military

18 health care system.

19 (2) To ensure the availability of effective health

20 care services in that system for individuals with dis21 eases and other chronic conditions.

22 (3) To ensure the proper allocation of health care

23 resources for individuals who need care for disease or

24 other chronic conditions.
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1 (c) ELEMENTS.—The program required by subsection

2 (a) shall meet the following requirements:

3 (1) Based on uniform policies prescribed by the

4 Secretary under subsection (a), the program shall, at

5 a minimum, address the following chronic diseases

6 and conditions:

7 (A) Diabetes.

8 (B) Cancer.

9 (C) Heart disease.

10 (D) Asthma.

11 (E) Chronic obstructive pulmonary dis12 order.

13 (F) Depression and anxiety disorders.

14 (2) The program shall meet nationally-recog15 nized accreditation standards for disease and chronic

16 care management.

17 (3) The program shall include specific outcome

18 measures and objectives on disease and chronic care

19 management.

20 (4) The program shall include strategies for dis21 ease and chronic care management for all bene22 ficiaries, including beneficiaries eligible for benefits

23 under the Medicare program under title XVIII of the

24 Social Security Act (42 U.S.C. 1395 et seq.), for
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1 whom the TRICARE program is not the primary

2 payer for health care benefits.

3 (5) Activities under the program shall conform

4 to applicable laws and regulations relating to the con5 fidentiality of health care information.

6 (d) DESIGN OF CERTAIN PORTIONS OF PROGRAM.—

7 As part of the program required under subsection (a), the

8 Secretary may contract for the design of a disease and

9 chronic care management program for the military health

10 care system.

11 (e) ACTIONS TO FACILITATE PROGRAM.—In order to

12 facilitate the carrying out of the program required by sub13 section (a), the Secretary shall—

14 (1) require a comprehensive analysis of the dis15 ease and chronic care management opportunities

16 within each region of the TRICARE program, includ17 ing within military treatment facilities and through

18 contractors under the TRICARE program;

19 (2) ensure continuous, adequate funding of dis20 ease and chronic care management activities through21 out the military health care system in order to

22 achieve maximum health outcomes and cost avoid23 ance;

24 (3) eliminate, to the extent practicable, any fi25 nancial disincentives to sustained investment by mili-
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1 tary hospitals and health care services contractors of

2 the Department of Defense in the disease and chronic

3 care management activities of the Department;

4 (4) ensure that appropriate clinical and claims

5 data, including pharmacy utilization data, is avail6 able for use in implementing the program;

7 (5) ensure outreach to eligible beneficiaries, who,

8 on the basis of their clinical conditions, are can9 didates for the program utilizing print and electronic

10 media, telephone, and personal interaction; and

11 (6) provide a system for monitoring improve12 ments in health status and clinical outcomes under

13 the program and savings associated with the pro14 gram.

15 (f) COMPTROLLER GENERAL REPORT.—Not later than

16 September 15, 2007, the Comptroller General of the United

17 States shall submit to the congressional defense committees

18 a report on the program required by subsection (a). The

19 report shall include the following:

20 (1) An assessment of the progress made toward

21 implementation of the program.

22 (2) A description and assessment of the integra23 tion of disease and chronic care management strate24 gies in the regional business plan of the TRICARE

25 Regional Offices.
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1 (3) An assessment of the readiness of the Depart2 ment to implement the program by October 1, 2007.

3 (g) SECRETARY OF DEFENSE REPORTS.—

4 (1) IN GENERAL.—Not later than January 1,

5 2008, and every year thereafter, the Secretary shall

6 submit to the congressional defense committees a re7 port on the program required by subsection (a).

8 (2) REPORT ELEMENTS.—Each report required

9 by this subsection shall include the following:

10 (A) An assessment of the program during

11 the one-year period ending on the date of such

12 report.

13 (B) A description and assessment of im14 provements in health status and clinical out15 comes.

16 (C) A description of the savings and return

17 on investment associated with the program.

18 (D) A description of an investment strategy

19 to assure the sustainment of the disease and

20 chronic care management programs of the De21 partment of Defense.
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1 SEC. 729. POST-DEPLOYMENT HEALTH ASSESSMENTS FOR

2 MEMBERS OF THE ARMED FORCES RETURN3 ING FROM DEPLOYMENT IN SUPPORT OF A

4 CONTINGENCY OPERATION.

5 (a) IN GENERAL.—Not later than 60 days after the

6 date of the enactment of this Act, the Secretary of Defense

7 shall prescribe in regulations requirements applicable to the

8 conduct of post-deployment health assessments for members

9 of the Armed Forces returning from deployment in support

10 of a contingency operation.

11 (b) GENERAL REQUIREMENTS.—The regulations pre12 scribed under subsection (a) shall require the following:

13 (1) That a health assessment be conducted on

14 each member of the Armed Forces returning from de15 ployment in support of a contingency operation with16 in such time after the return of such member from de17 ployment as the Secretary shall specify in the regula18 tions.

19 (2) That each health assessment be conducted by

20 a healthcare provider having such qualifications as

21 the Secretary shall specify in the regulations.

22 (3) That each health assessment assess such

23 health-related matters as the Secretary shall specify

24 in the regulations, including an assessment of mental

25 health (including Traumatic Brain Injury (TBI)) for

26 referral of a member for further evaluation relating to
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1 mental health (including evaluation of the effects of

2 combat or operational stress).

3 (4) That the results of each health assessment be

4 stored in a centralized data base maintained by the

5 Secretary under this section.

6 (c) ASSESSMENTS OF MENTAL HEALTH.—

7 (1) CRITERIAFOR REFERRAL FOR FURTHER

8 EVALUATIONS.—The regulations prescribed under sub9 section (a) shall include—

10 (A) criteria to be utilized by healthcare pro11 viders in determining whether to refer a member

12 of the Armed Forces for further evaluation relat13 ing to mental health (including Traumatic

14 Brain Injury);

15 (B) mechanisms to ensure that healthcare

16 providers are trained in the application of such

17 criteria in making such determinations; and

18 (C) mechanisms for oversight to ensure that

19 healthcare providers apply such criteria consist20 ently.

21 (2) AVAILABILITY OF REFERRAL.—Under the

22 regulations, a copy of a referral of a member for fur23 ther evaluation relating to mental health shall be—

24 (A) provided to the member;
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1 (B) placed in the healthcare record of the

2 member that is maintained by the Department of

3 Defense; and

4 (C) provided to the healthcare manager of

5 the member.

6 (3) TRACKING MECHANISMS.—The regulations

7 shall include mechanisms to ensure that a member

8 who receives a referral for further evaluation relating

9 to mental health receives such evaluation and obtains

10 such care and services as are warranted.

11 (4) QUALITY ASSURANCE.—The regulations shall

12 include a requirement that the Department address,

13 as part of the deployment health assessment quality

14 assurance program of the Department, the following:

15 (A) The types of healthcare providers con16 ducting post-deployment health assessments.

17 (B) The training received by such providers

18 applicable to the conduct of such assessments, in19 cluding training on assessments and referrals re20 lating to mental health.

21 (C) The guidance available to such pro22 viders on how to apply the criteria prescribed

23 under paragraph (1)(A) in determining whether

24 to make a referral for further evaluation of a
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1 member of the Armed Forces relating to mental

2 health.

3 (D) The effectiveness of the tracking mecha4 nisms required under paragraph (3) in ensuring

5 that members who receive referrals for further

6 evaluations relating to mental health receive such

7 evaluations and obtain such care and services as

8 are warranted.

9 (d) COMPTROLLER GENERAL REPORTS ON IMPLEMEN10 TATION OF REQUIREMENTS.—

11 (1) STUDY ON IMPLEMENTATION.—The Comp12 troller General of the United States shall carry out a

13 study of the implementation of the requirements pre14 scribed under this section.

15 (2) PERIODIC EVALUATION OF MENTAL HEALTH

16 ASSESSMENT PROCESSES.—The Comptroller General

17 shall, on a periodic basis, evaluate the following:

18 (A) The compliance of the Department of

19 Defense and healthcare providers with the re20 quirements under this section applicable to the

21 assessment and referral of members of the Armed

22 Forces relating to mental health.

23 (B) The effectiveness of the processes under

24 such requirements in addressing the mental
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1 health care needs of members returning from de2 ployments overseas.

3 (3) REPORTS.—(A) Not later than March 1,

4 2007, the Comptroller General shall submit to the

5 Committees on Armed Services of the Senate and the

6 House of Representatives a report on the study car7 ried out under paragraph (1).

8 (B) Upon completion of an evaluation under

9 paragraph (2), the Comptroller General shall submit

10 to the committees of Congress referred to in subpara11 graph (A) a report on such evaluation.

12 (e) CONTINGENCY OPERATION DEFINED.—In this sec13 tion, the term ‘‘contingency operation’’ has the meaning

14 given that term in section 101(a)(13) of title 10, United

15 States Code.

16 SEC. 730. MENTAL HEALTH SELF-ASSESSMENT PROGRAM.

17 (a) FINDING.—Congress finds that the Mental Health

18 Self-Assessment Program (MHSAP) of the Department of

19 Defense is vital to the overall health and well-being of de20 ploying members of the Armed Forces and their families

21 because that program provides—

22 (1) a non-threatening, voluntary, anonymous

23 self-assessment of mental health that is effective in

24 helping to detect mental health and substance abuse

25 conditions;
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1 (2) awareness regarding warning signs of such

2 conditions; and

3 (3) information and outreach to members of the

4 Armed Forces (including members of the National

5 Guard and Reserves) and their families on specific

6 services available for such conditions.

7 (b) EXPANSION OF PROGRAM.—The Secretary of De8 fense shall, acting through the Office of Health Affairs of

9 the Department of Defense, take appropriate actions to ex10 pand the Mental Health Self-Assessment Program in order

11 to achieve the following:

12 (1) The continuous availability of the assessment

13 under the program to members and former members

14 of the Armed Forces in order to ensure the long-term

15 availability of the diagnostic mechanisms of the as16 sessment to detect mental health conditions that may

17 emerge over time.

18 (2) The availability of programs and services

19 under the program to address the mental health of de20 pendent children of members of the Armed Forces who

21 have been deployed or mobilized.

22 (c) OUTREACH.—The Secretary shall develop and im23 plement a plan to conduct outreach and other appropriate

24 activities to expand and enhance awareness of the Mental

25 Health Self-Assessment Program, and the programs and
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1 services available under that program, among members of

2 the Armed Forces (including members of the National

3 Guard and Reserves) and their families.

4 (d) REPORTS.—Not later than one year after the date

5 of the enactment of this Act, the Secretary shall submit to

6 Congress a report on the actions undertaken under this sec7 tion during the one-year period ending on the date of such

8 report.

9 SEC. 731. ADDITIONAL AUTHORIZED OPTION PERIODS FOR

10 EXTENSION OF CURRENT CONTRACTS UNDER

11 TRICARE.

12 (a) ADDITIONAL NUMBER OF AUTHORIZED PERI13 ODS.—

14 (1) IN GENERAL.—The Secretary of Defense,

15 after consulting with the other administering Secre16 taries, may extend any contract for the delivery of

17 health care entered into under section 1097 of title 10,

18 United States Code, that is in force on the date of the

19 enactment of this Act by one year, and upon expira20 tion of such extension by one additional year, if the

21 Secretary determines that such extension—

22 (A) is in the best interests of the United

23 States; and

24 (B) will—
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1 (i) facilitate the effective administra2 tion of the TRICARE program; or

3 (ii) ensure continuity in the delivery of

4 health care under the TRICARE program.

5 (2) LIMITATION ON NUMBER OF EXTENSIONS.—

6 The total number of one-year extensions of a contract

7 that may be granted under paragraph (1) may not

8 exceed 2 extensions.

9 (3) NOTICE AND WAIT.—The Secretary may not

10 commence the exercise of the authority in paragraph

11 (1) until 30 days after the date on which the Sec12 retary submits to the congressional defense committees

13 a report setting forth the minimum level of perform14 ance by an incumbent contractor under a contract

15 covered by such paragraph that will be required by

16 the Secretary in order to be eligible for an extension

17 authorized by such paragraph.

18 (4) DEFINITIONS.—In this subsection, the terms

19 ‘‘administering Secretaries’’ and ‘‘TRICARE pro20 gram’’ have the meaning given such terms in section

21 1072 of title 10, United States Code.

22 (b) REPORT ON CONTRACTING MECHANISMS FOR

23 HEALTH CARE SERVICE SUPPORT CONTRACTS.—Not later

24 than 180 days after the date of the enactment of this Act,

25 the Secretary shall submit to the congressional defense com-
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1 mittees a report on contracting mechanisms under consider2 ation for future contracts for health care service support

3 under section 1097 of title 10, United States Code. The re4 port shall include an assessment of the advantages and dis5 advantages for the Department of Defense (including the po6 tential for stimulating competition and the effect on health

7 care beneficiaries of the Department) of providing in such

8 contracts for a single term of 5 years, with a single optional

9 period of extension of an additional 5 years if performance

10 under such contract is rated as ‘‘excellent’’.

11 SEC. 732. MILITARY VACCINATION MATTERS.

12 (a) ADDITIONAL ELEMENT FOR COMPTROLLER GEN13 ERAL STUDY AND REPORT ON VACCINE HEALTHCARE CEN14 TERS.—Section 736(b) of the National Defense Authoriza15 tion Act for Fiscal Year 2006 (Public Law 109–163; 119

16 Stat. 3356) is amended by adding at the end the following

17 new paragraph:

18 ‘‘(10) The feasibility and advisability of trans19 ferring direct responsibility for the Centers from the

20 Army Medical Command to the Under Secretary of

21 Defense for Personnel and Readiness and the Assist22 ant Secretary of Defense for Force Protection and

23 Readiness.’’.

24 (b) RESPONSE TO MEDICAL NEEDS ARISING FROM

25 MANDATORY MILITARY VACCINATIONS.—
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1 (1) IN GENERAL.—The Secretary of Defense shall

2 maintain a joint military medical center of excellence

3 focusing on the medical needs arising from manda4 tory military vaccinations.

5 (2) ELEMENTS.—The joint military medical cen6 ter of excellence under paragraph (1) shall consist of

7 the following:

8 (A) The Vaccine Healthcare Centers of the

9 Department of Defense, which shall be the prin10 cipal elements of the center.

11 (B) Any other elements that the Secretary

12 considers appropriate.

13 (3) AUTHORIZED ACTIVITIES.—In acting as the

14 principal elements of the joint military medical cen15 ter under paragraph (1), the Vaccine Healthcare Cen16 ters referred to in paragraph (2)(A) may carry out

17 the following:

18 (A) Medical assistance and care to individ19 uals receiving mandatory military vaccines and

20 their dependents, including long-term case man21 agement for adverse events where necessary.

22 (B) Evaluations to identify and treat poten23 tial and actual health effects from vaccines before

24 and after their use in the field.
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1 (C) The development and sustainment of a

2 long-term vaccine safety and efficacy registry.

3 (D) Support for an expert clinical advisory

4 board for case reviews related to disability as5 sessment questions.

6 (E) Long-term and short-term studies to

7 identify unanticipated benefits and adverse

8 events from vaccines.

9 (F) Educational outreach for immunization

10 providers and those required to receive immuni11 zations.

12 (G) The development, dissemination, and

13 validation of educational materials for Depart14 ment of Defense healthcare workers relating to

15 vaccine safety, efficacy, and acceptability.

16 (c) LIMITATION ON RESTRUCTURING OF VACCINE

17 HEALTHCARE CENTERS.—

18 (1) LIMITATION.—The Secretary of Defense may

19 not downsize or otherwise restructure the Vaccine

20 Healthcare Centers of the Department of Defense until

21 the Secretary submits to Congress a report setting

22 forth a plan for meeting the immunization needs of

23 the Armed Forces during the 10-year period begin24 ning on the date of the submittal of the report.
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1 (2) REPORT ELEMENTS.—The report submitted

2 under paragraph (1) shall include the following:

3 (A) An assessment of the potential biological

4 threats to members of the Armed Forces that are

5 addressable by vaccine.

6 (B) An assessment of the distance and time

7 required to travel to a Vaccine Healthcare Center

8 by members of the Armed Forces who have severe

9 reactions to a mandatory military vaccine.

10 (C) An identification of the most effective

11 mechanisms for ensuring the provision services

12 by the Vaccine Healthcare Centers to both mili13 tary medical professionals and members of the

14 Armed Forces.

15 (D) An assessment of current military and

16 civilian expertise with respect to mass adult im17 munization programs, including case manage18 ment under such programs for rare adverse reac19 tions to immunizations.

20 (E) An organizational structure for each

21 military department to ensure support of the

22 Vaccine Healthcare Centers in the provision of

23 services to members of the Armed Forces.
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1 SEC. 733. ENHANCED MENTAL HEALTH SCREENING AND

2 SERVICES FOR MEMBERS OF THE ARMED

3 FORCES.

4 (a) REQUIRED ELEMENTS OF ASSESSMENTS.—Each

5 pre-deployment mental health assessment of a member of

6 the Armed Forces, shall include the following:

7 (1) A mental health history of the member, with

8 emphasis on mental health status during the 12-

9 month period ending on the date of the assessment

10 and a review of military service during that period.

11 (2) An assessment of the current treatment of the

12 member, and any use of psychotropic medications by

13 the member, for a mental health condition or disorder.

14 (3) An assessment of any behavior of the member

15 identified by the member’s commanding officer that

16 could indicate the presence of a mental health condi17 tion.

18 (4) Information provided by the member

19 (through a checklist or other means) on the presence

20 of any serious mental illness or any symptoms indi21 cating a mental health condition or disorder.

22 (b) REFERRAL FOR FURTHER EVALUATION.—Each

23 member of the Armed Forces who is determined during a

24 pre-deployment or post-deployment mental health assess25 ment to have, or have symptoms or indicators for, a mental

26 health condition or disorder shall be referred to a qualified
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1 health care professional with experience in the evaluation

2 and diagnosis of mental health conditions.

3 (c) REFERRAL OF MEMBERS DEPLOYED IN CONTIN4 GENCY OR COMBAT OPERATIONS.—Any member of the

5 Armed Forces called or ordered to active duty in support

6 of contingency or combat operations who requests access to

7 mental health care services any time before, during, or after

8 deployment shall be provided access to such services—

9 (1) not later than 72 hours after the making of

10 such request; or

11 (2) at the earliest practicable time thereafter.

12 (d) MINIMUM MENTAL HEALTH STANDARDS FOR DE13 PLOYMENT.—

14 (1) STANDARDS REQUIRED.—The Secretary of

15 Defense shall prescribe in regulations minimum

16 standards for mental health for the eligibility of a

17 member of the Armed Forces for deployment to a com18 bat operation or contingency operation.

19 (2) ELEMENTS.—The standards required by

20 paragraph (1) shall include the following:

21 (A) A specification of the mental health con22 ditions, treatment for such conditions, and re23 ceipt of psychotropic medications for such condi24 tions that preclude deployment of a member of

25 the Armed Forces to a combat operation or con-
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1 tingency operation, or to a specified type of such

2 operation.

3 (B) Guidelines for the deployability and

4 treatment of members of the Armed Forces diag5 nosed with a severe mental illness or Post Trau6 matic Stress Disorder (PTSD).

7 (3) UTILIZATION.—The Secretary shall take ap8 propriate actions to ensure the utilization of the

9 standards prescribed under paragraph (1) in the

10 making of determinations regarding the deployability

11 of members of the Armed Forces to a combat oper12 ation or contingency operation.

13 (e) MONITORING OF CERTAIN INDIVIDUALS.—The Sec14 retary of Defense shall develop a plan, to be implemented

15 throughout the Department of Defense, for monitoring the

16 mental health of each member of the Armed Forces who,

17 after deployment to a combat operation or contingency op18 eration, is known—

19 (1) to have a mental health condition or dis20 order; or

21 (2) to be receiving treatment, including psycho22 tropic medications, for a mental health condition or

23 disorder.

24 (f) IMPLEMENTATION.—Not later than six months after

25 the date of the enactment of this Act, the Secretary of De-
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1 fense shall submit to the Committees on Armed Services of

2 the Senate and the House or Representatives a report on

3 the actions taken to implement the requirements of this sec4 tion.

5 SEC. 734. EDUCATION, TRAINING, AND SUPERVISION OF

6 PERSONNEL PROVIDING SPECIAL EDU7 CATION SERVICES UNDER EXTENDED BENE8 FITS UNDER TRICARE.

9 Section 1079(d)(2) of title 10, United States Code is

10 amended by adding at the end the following: ‘‘The regula11 tions shall include the following:

12 ‘‘(A) Requirements for education, training, and

13 supervision of individuals providing special education

14 services known as Applied Behavioral Analysis under

15 this subsection that are in addition to any other edu16 cation, training, and supervision requirements appli17 cable to Board Certified Behavior Analysts or Board

18 Certified Associate Behavior Analysts or are otherwise

19 applicable to personnel providing such services under

20 applicable State law.

21 ‘‘(B) Metrics to identify and measure the avail22 ability and distribution of individuals of various ex23 pertise in Applied Behavioral Analysis in order to

24 evaluate and assure the availability of qualified per-
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1 sonnel to meet needs for Applied Behavioral Analysis

2 under this subsection.’’.

3 Subtitle C—Studies and Reports

4 SEC. 741. PILOT PROJECTS ON EARLY DIAGNOSIS AND

5 TREATMENT OF POST TRAUMATIC STRESS

6 DISORDER AND OTHER MENTAL HEALTH

7 CONDITIONS.

8 (a) PILOT PROJECTS REQUIRED.—The Secretary of

9 Defense shall carry out not less than three pilot projects

10 to evaluate the efficacy of various approaches to improving

11 the capability of the military and civilian health care sys12 tems to provide early diagnosis and treatment of Post Trau13 matic Stress Disorder (PTSD) and other mental health con14 ditions.

15 (b) DURATION.—The requirement to carry out pilot

16 projects under this section shall commence on October 1,

17 2007. Any pilot projects carried out under this section shall

18 cease on September 30, 2008.

19 (c) PILOT PROJECT REQUIREMENTS.—

20 (1) MOBILIZATION-DEMOBILIZATION FACILITY.—

21 (A) IN GENERAL.—One of the pilot projects

22 under this section shall be carried out at a mili23 tary medical facility at a large military instal24 lation at which the mobilization or demobiliza25 tion of members of the Armed Forces occurs.
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1 (B) ELEMENTS.—The pilot project under

2 this paragraph shall be designed to evaluate and

3 produce effective diagnostic and treatment ap4 proaches for use by primary care providers in

5 the military health care system in order to im6 prove the capability of such providers to diag7 nose and treat Post Traumatic Stress Disorder

8 in a manner that avoids the referral of patients

9 to specialty care by a psychiatrist or other men10 tal health professional.

11 (2) NATIONAL GUARD OR RESERVE FACILITY.—

12 (A) IN GENERAL.—One of the pilot projects

13 under this section shall be carried out at the lo14 cation of a National Guard or Reserve unit or

15 units that are located more than 40 miles from

16 a military medical facility and whose personnel

17 are served primarily by civilian community

18 health resources.

19 (B) ELEMENTS.—The pilot project under

20 this paragraph shall be designed—

21 (i) to evaluate approaches for pro22 viding evidence-based clinical information

23 on Post Traumatic Stress Disorder to civil24 ian primary care providers; and
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1 (ii) to develop educational materials

2 and other tools for use by members of the

3 National Guard or Reserve who come into

4 contact with other members of the National

5 Guard or Reserve who may suffer from Post

6 Traumatic Stress Disorder in order to en7 courage and facilitate early reporting and

8 referral for treatment.

9 (3) INTERNET-BASED DIAGNOSIS AND TREAT10 MENT.—One of the pilot projects under this section

11 shall be designed to evaluate—

12 (A) Internet-based automated tools available

13 to military and civilian health care providers for

14 the early diagnosis and treatment of Post Trau15 matic Stress Disorder, and for tracking patients

16 who suffer from Post Traumatic Stress Disorder;

17 and

18 (B) Internet-based tools available to family

19 members of members of the Armed Forces in

20 order to assist such family members in the iden21 tification of the emergence of Post Traumatic

22 Stress Disorder.

23 (d) EVALUATION OF PILOT PROJECTS.—The Secretary

24 shall evaluate each pilot project carried out under this sec-
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1 tion in order to assess the effectiveness of the approaches

2 taken under such pilot project—

3 (1) to improve the capability of the military and

4 civilian health care systems to provide early diagnosis

5 and treatment of Post Traumatic Stress Disorder and

6 other mental health conditions among members of the

7 regular components of the Armed Forces, and among

8 members of the National Guard and Reserves, who

9 have returned from deployment; and

10 (2) to provide outreach to the family members of

11 the members of the Armed Forces described in para12 graph (1) on Post Traumatic Stress Disorder and

13 other mental health conditions among such members

14 of the Armed Forces.

15 (e) REPORT TO CONGRESS.—

16 (1) REPORT REQUIRED.—Not later than Decem17 ber 31, 2008, the Secretary shall submit to the con18 gressional defense committees a report on the pilot

19 projects carried out under this section.

20 (2) ELEMENTS.—The report required by para21 graph (1) shall include the following:

22 (A) A description of each pilot project car23 ried out under this section.

24 (B) An assessment of the effectiveness of the

25 approaches taken under each pilot project to im-
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1 prove the capability of the military and civilian

2 health care systems to provide early diagnosis

3 and treatment of Post Traumatic Stress Disorder

4 and other mental health conditions among mem5 bers of the Armed Forces.

6 (C) Any recommendations for legislative or

7 administrative action that the Secretary con8 siders appropriate in light of the pilot projects,

9 including recommendations on—

10 (i) the training of health care pro11 viders in the military and civilian health

12 care systems on early diagnosis and treat13 ment of Post Traumatic Stress Disorder

14 and other mental health conditions; and

15 (ii) the provision of outreach on Post

16 Traumatic Stress Disorder and other men17 tal health conditions to members of the Na18 tional Guard and Reserves who have re19 turned from deployment.

20 (D) A plan, in light of the pilot projects, for

21 the improvement of the health care services pro22 vided to members of the Armed Forces in order

23 to better assure the early diagnosis and treat24 ment of Post Traumatic Stress Disorder and

25 other mental health conditions among members
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1 of the Armed Forces, including a specific plan

2 for outreach on Post Traumatic Stress Disorder

3 and other mental health conditions to members

4 of the National Guard and Reserve who have re5 turned from deployment in order to facilitate

6 and enhance the early diagnosis and treatment

7 of Post Traumatic Stress Disorder and other

8 mental health conditions among such members of

9 the National Guard and Reserves.

10 (f) FUNDING.—

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

12 be appropriated by section 303(a) for the Defense

13 Health Program, $10,000,000 shall be available for

14 pilot projects under this section.

15 (2) AVAILABILITY.—The amount available under

16 paragraph (1) shall remain available until expended.

17 SEC. 742. ANNUAL REPORTS ON CERTAIN MEDICAL MAL18 PRACTICE CASES.

19 (a) ANNUAL REPORTS TO SECRETARY OF DEFENSE.—

20 (1) ANNUAL REPORTS REQUIRED.—Not later

21 than February 1, 2007, and annually thereafter, each

22 Secretary of a military department shall submit to

23 the Secretary of Defense a report on the following:

24 (A) Each case (other than a case involving

25 the treatment of a member of the Armed Forces
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1 on active duty) during the preceding calendar

2 year in which—

3 (i) a complaint or claim was made of

4 medical malpractice committed in a med5 ical treatment facility of such military de6 partment or by a health care provider of or

7 employed by such military department; and

8 (ii) either—

9 (I) a judgment was entered

10 against the United States in the

11 amount of $1,000,000 or more; or

12 (II) an award, compromise, or

13 settlement was entered into by the

14 United States requiring payment by

15 the United States in the amount of

16 $1,000,000 or more.

17 (B) Each case during the preceding cal18 endar year in which the death of, or serious per19 sonal injury to, a member of the Armed Forces

20 on active duty occurred as a result of medical

21 malpractice while the member was a patient in

22 a medical treatment facility of such military de23 partment or under the care of a health care pro24 vider of or employed by such military depart25 ment.
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1 (2) REQUIRED INFORMATION.—The information

2 required in a report under paragraph (1) on a case

3 covered by such paragraph shall include the following:

4 (A) A description of the medical mal5 practice involved.

6 (B) A description of the actions, if any,

7 taken with respect to the continued practice in

8 the military health care system of the health care

9 professionals involved.

10 (b) TRANSMITTAL OF REPORTS TO CONGRESS.—

11 (1) TRANSMITTAL REQUIRED.—Not later than

12 April 1, 2007, and annually thereafter, the Secretary

13 of Defense shall transmit to the congressional defense

14 committees the reports submitted to the Secretary by

15 the Secretaries of the military departments in such

16 year.

17 (2) TRANSMITTAL MATTERS.—In transmitting

18 reports for a year under paragraph (1), the Secretary

19 may include with such reports the following:

20 (A) Any information or recommendations

21 with respect to the matters covered by such re22 ports that the Secretary considers appropriate.

23 (B) A summary of the actions taken during

24 the year to address medical malpractice in the

25 military health care system.
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1 (c) DISCLOSURE OF INFORMATION.—In submitting or

2 transmitting reports under this section, the Secretaries of

3 the military departments and the Secretary of Defense shall

4 ensure that the information contained in such reports is

5 suitable for disclosure to the public, taking into account the

6 provisions of law as follows:

7 (1) Section 552a of title 5, United States Code

8 (commonly referred to as the ‘‘Privacy Act’’).

9 (2) Laws relating to the protection and confiden10 tiality of medical quality assurance records, includ11 ing the provisions of section 1102 of title 10, United

12 States Code.

13 (3) Any other laws relating to the protection and

14 confidentiality of medical records.

15 SEC. 743. COMPTROLLER GENERAL STUDY ON DEPART16 MENT OF DEFENSE PHARMACY BENEFITS

17 PROGRAM.

18 (a) IN GENERAL.—The Comptroller General of the

19 United States shall conduct a study of the Department of

20 Defense pharmacy benefits program required by section

21 1074g of title 10, United States Code.

22 (b) ELEMENTS.—The study required by subsection (a)

23 shall include an examination of the following:
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1 (1) The cost of the Department of Defense phar2 macy benefits program since the inception of the pro3 gram.

4 (2) The relative costs of various options under

5 the program.

6 (3) The copayment structure under the program.

7 (4) The effectiveness of the rebate system under

8 the program as a way of passing on discounts re9 ceived by the Federal Government in the purchase of

10 pharmaceutical agents.

11 (5) The uniform formulary under the program,

12 including the success of the formulary in achieving

13 savings anticipated through use of the formulary.

14 (6) Various alternative means of purchasing

15 pharmaceutical agents more efficiently for avail16 ability under the program.

17 (7) The composition and decision-making proc18 esses of the Pharmacy and Therapeutics Committee.

19 (8) The composition of the Beneficiary Advisory

20 Panel and its history as an advisory panel under the

21 program (including the frequency of the acceptance of

22 its recommendations by the Secretary of Defense).

23 (9) Quality assurance mechanisms under the

24 program.
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1 (10) The role of the program in support of the

2 disease and chronic care management programs of the

3 Department of Defense.

4 (11) Mechanisms for customer service and cus5 tomer feedback under the program.

6 (12) Beneficiary satisfaction with the program.

7 (c) RESPONSE TO CERTAIN FINDINGS.—

8 (1) PHARMACY AND THERAPEUTICS COM9 MITTEE.—The Pharmacy and Therapeutics Com10 mittee shall—

11 (A) examine the results of the study of the

12 Comptroller General under subsection (b)(7); and

13 (B) make such recommendations to the Sec14 retary of Defense for modifications in the com15 position and decision-making processes of the

16 Committee as the Committee considers appro17 priate in light of such results in order to im18 prove the efficiency of such processes.

19 (2) BENEFICIARY ADVISORY PANEL.—The Bene20 ficiary Advisory Panel shall—

21 (A) examine the results of the study of the

22 Comptroller General under subsection (b)(8); and

23 (B) make such recommendations to the Sec24 retary of Defense for modifications in the com25 position and advisory functions of the Panel as
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1 the Panel considers appropriate in light of such

2 results in order to—

3 (i) ensure the independence and con4 sumer focus of the Panel;

5 (ii) ensure the participation of the

6 Panel as an advisory board throughout im7 plementation of the Department of Defense

8 pharmacy benefits program; and

9 (iii) achieve more effective communica10 tion between the Secretary and the Panel.

11 (d) REPORT.—Not later than nine months after the

12 date of the enactment of this Act, the Comptroller General

13 shall submit to the congressional defense committees a re14 port on the study required by subsection (a). The report

15 shall include such recommendations as the Comptroller

16 General considers appropriate for legislative or administra17 tive action to improve the Department of Defense pharmacy

18 benefits program in light of the study.

19 SEC. 744. COMPTROLLER GENERAL AUDITS OF DEPART20 MENT OF DEFENSE HEALTH CARE COSTS AND

21 COST-SAVING MEASURES.

22 (a) GENERAL AUDIT REQUIRED.—

23 (1) IN GENERAL.—The Comptroller General of

24 the United States shall conduct an audit of the health

25 care costs and cost-saving measures of the Department
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1 of Defense in accordance with this subsection. The

2 Comptroller General shall conduct the audit in con3 junction with the Department of Defense initiative to

4 manage future medical benefits available through the

5 Department known as ‘‘Sustain the Benefit’’.

6 (2) ELEMENTS.—The audit required by para7 graph (1) shall examine the following:

8 (A) The basis for the calculation by the De9 partment of Defense of the portion of the costs of

10 health care benefits provided by the Department

11 to beneficiaries that were paid by such bene12 ficiaries in each of 1995 and 2005, including—

13 (i) a comparison of the cost to the De14 partment of providing such benefits in each

15 of 1995 and 2005;

16 (ii) the explanation for any increases

17 in the costs of the Department of providing

18 such benefits between 1995 and 2005; and

19 (iii) a comparison of the amounts

20 paid, by category of beneficiaries, for health

21 care benefits in 1995 with the amounts

22 paid, by category of beneficiaries, for such

23 benefits in 2005.

24 (B) The calculations and assumptions uti25 lized by the Department in estimating the sav-
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1 ings anticipated through the implementation of

2 proposed increases in cost-sharing for health care

3 benefits beginning in 2007.

4 (C) The average annual rate of increase,

5 based on inflation, of medical costs for the De6 partment under the Defense Health Program.

7 (D) The annual rate of growth in the cost

8 of the Defense Health Program that is attrib9 utable to inflation in the cost of medical services

10 over the last five years and how such rate of

11 growth compares with annual rates of increases

12 in health care premiums under the Federal Em13 ployee Health Benefit Program and other health

14 care programs as well as rates of growth of other

15 health care cost indices over that time.

16 (E) The assumptions utilized by the De17 partment in estimating savings associated with

18 adjustments in copayments for pharmaceuticals.

19 (F) The costs of the administration of the

20 Defense Health Program and the TRICARE pro21 gram for all categories of beneficiaries.

22 (c) AUDIT OF TRICARE RESERVE SELECT PRO23 GRAM.—

24 (1) IN GENERAL.—In addition to the audit re25 quired by subsection (a), the Comptroller General
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1 shall conduct an audit of the costs of the Department

2 of Defense in implementing the TRICARE Reserve

3 Select Program.

4 (2) ELEMENTS.—The audit required by para5 graph (1) shall include an examination of the fol6 lowing:

7 (A) A comparison of the annual premium

8 amounts established by the Department of De9 fense for the TRICARE Reserve Select Program

10 with the actual costs of the Department in pro11 viding benefits under that program in fiscal

12 years 2004 and 2005.

13 (B) The rate of inflation of health care costs

14 of the Department during fiscal years 2004 and

15 2005, and a comparison of that rate of inflation

16 with the annual increase in premiums under the

17 TRICARE Reserve Select Program in January

18 2006.

19 (C) A comparison of the financial and

20 health-care utilization assumptions utilized by

21 the Department in establishing premiums under

22 the TRICARE Reserve Select Program with ac23 tual experiences under that program in the first

24 year of the implementation of that program.
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1 (3) TRICARE RESERVE SELECT PROGRAM DE2 FINED.—In this section, the term ‘‘TRICARE Reserve

3 Select Program’’ means the program carried out

4 under section 1074d of title 10, United States Code.

5 (d) USE OF INDEPENDENT EXPERTS.—Notwith6 standing any other provision of law, in conducting the au7 dits required by this section, the Comptroller General may

8 engage the services of appropriate independent experts, in9 cluding actuaries.

10 (e) REPORT.—Not later than April 1, 2007, the Comp11 troller General shall submit to the congressional defense

12 committees a report on the audits conducted under this sec13 tion. The report shall include—

14 (1) the findings of the Comptroller General as a

15 result of the audits; and

16 (2) such recommendations as the Comptroller

17 General considers appropriate in light of such find18 ings to ensure maximum efficiency in the administra19 tion of the health care benefits programs of the De20 partment of Defense.

21 SEC. 745. REVIEW OF DEPARTMENT OF DEFENSE MEDICAL

22 QUALITY IMPROVEMENT PROGRAM.

23 (a) REVIEW REQUIRED.—The Secretary of Defense

24 shall enter into a contract with the Institute of Medicine

25 of the National Academy of Sciences, or another similarly
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1 qualified independent academic medical organization, for

2 the purpose of conducting an independent review of the De3 partment of Defense medical quality improvement program.

4 (b) ELEMENTS.—The review required pursuant to sub5 section (a) shall include the following:

6 (1) An assessment of the methods used by the De7 partment of Defense to monitor medical quality in

8 services provided in military hospitals and clinics

9 and in services provided in civilian hospitals and

10 providers under the military health care system.

11 (2) An assessment of the transparency and pub12 lic reporting mechanisms of the Department on med13 ical quality.

14 (3) An assessment of how the Department incor15 porates medical quality into performance measures

16 for military and civilian health care providers within

17 the military health care system.

18 (4) An assessment of the patient safety programs

19 of the Department.

20 (5) A description of the extent to which the De21 partment seeks to address particular medical errors,

22 and an assessment of the adequacy of such efforts.

23 (6) An assessment of accountability within the

24 military health care system for preventable negative

25 outcomes involving negligence.
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1 (7) An assessment of the performance of the

2 health care safety and quality measures of the De3 partment.

4 (8) An assessment of the collaboration of the De5 partment with national initiatives to develop evi6 dence-based quality measures and intervention strate7 gies, especially the initiatives of the Agency for

8 Health Care Research and Quality within the De9 partment of Health and Human Services.

10 (9) A comparison of the methods, mechanisms,

11 and programs and activities referred to in para12 graphs (1) through (8) with similar methods, mecha13 nisms, programs, and activities used in other public

14 and private health care systems and organizations.

15 (c) REPORT.—

16 (1) IN GENERAL.—Not later than one year after

17 the date of the enactment of this Act, the Secretary

18 shall submit to the congressional defense committees a

19 report on the review required pursuant to subsection

20 (a).

21 (2) ELEMENTS.—The report required by para22 graph (1) shall include the following:

23 (A) The results of the review required pur24 suant to subsection (a).
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1 (B) A discussion of recent highlights in the

2 accomplishments of the Department of Defense

3 medical quality assurance program.

4 (C) Such recommendations for legislative or

5 administrative action as the Secretary considers

6 appropriate for the improvement of the program.

7 SEC. 746. STUDY OF HEALTH EFFECTS OF EXPOSURE TO DE8 PLETED URANIUM.

9 (a) STUDY.—The Secretary of Defense, in consultation

10 with the Secretary for Veterans Affairs and the Secretary

11 of Health and Human Services, shall conduct a comprehen12 sive study of the health effects of exposure to depleted ura13 nium munitions on uranium-exposed soldiers and on chil14 dren of uranium-exposed soldiers who were born after the

15 exposure of the uranium-exposed soldiers to depleted ura16 nium.

17 (b) URANIUM-EXPOSED SOLDIERS.—In this section,

18 the term ‘‘uranium-exposed soldiers’’ means a member or

19 former member of the Armed Forces who handled, came in

20 contact with, or had the likelihood of contact with depleted

21 uranium munitions while on active duty, including mem22 bers and former members who—

23 (1) were exposed to smoke from fires resulting

24 from the burning of vehicles containing depleted ura-
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1 nium munitions or fires at depots at which depleted

2 uranium munitions were stored;

3 (2) worked within environments containing de4 pleted uranium dust or residues from depleted ura5 nium munitions;

6 (3) were within a structure or vehicle while it

7 was struck by a depleted uranium munition;

8 (4) climbed on or entered equipment or struc9 tures struck by a depleted uranium munition; or

10 (5) were medical personnel who provided initial

11 treatment to members of the Armed Forces described

12 in paragraph (1), (2), (3), or (4).

13 (c) REPORT.—Not later than 1 year after the date of

14 enactment of this Act, the Secretary of Defense shall submit

15 a report to Congress on the results of the study described

16 in subsection (a).

17 Subtitle D—Other Matters

18 SEC. 761. EXTENSION OF LIMITATION ON CONVERSION OF

19 MILITARY MEDICAL AND DENTAL POSITIONS

20 TO CIVILIAN MEDICAL AND DENTAL POSI21 TIONS.

22 Section 744(a)(1) of the National Defense Authoriza23 tion Act for Fiscal Year 2006 (Public Law 109–163; 119

24 Stat. 3360; 10 U.S.C. 129c note) is amended—

25 (1) by inserting ‘‘in a fiscal year’’ before ‘‘until’’;
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1 (2) by inserting ‘‘with respect to that fiscal

2 year’’ after ‘‘House of Representatives’’; and

3 (3) by striking the last sentence and inserting

4 the following new sentences: ‘‘The certification with

5 respect to fiscal year 2007 may not be submitted be6 fore June 30, 2006. The certification with respect to

7 any fiscal year after fiscal year 2007 shall be sub8 mitted at the same time the budget of the President

9 for such fiscal year is submitted to Congress pursuant

10 to section 1105(a) of title 31, United States Code.’’.

11 SEC. 762. TRANSFER OF CUSTODY OF THE AIR FORCE

12 HEALTH STUDY ASSETS TO MEDICAL FOL13 LOW-UP AGENCY.

14 (a) TRANSFER.—

15 (1) NOTIFICATION OF PARTICIPANTS.—The Sec16 retary of the Air Force shall notify the participants

17 of the Air Force Health Study that the study as cur18 rently constituted is ending as of September 30, 2006.

19 In consultation with the Medical Follow-Up Agency

20 (in this section referred to as the ‘‘Agency’’) of the In21 stitute of Medicine of the National Academy of

22 Sciences, the Secretary of the Air Force shall request

23 the written consent of the participants to transfer

24 their data and biological specimens to the Agency

25 during fiscal year 2007 and written consent for the
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1 Agency to maintain the data and specimens and

2 make them available for additional studies.

3 (2) COMPLETION OF TRANSFER.—Custodianship

4 of the Air Force Health Study shall be completely

5 transferred to the Agency on or before September 30,

6 2007. Assets to be transferred shall include electronic

7 data files and biological specimens of all the study

8 participants.

9 (3) COPIES TO ARCHIVES.—The Air Force shall

10 send paper copies of all study documents to the Na11 tional Archives.

12 (b) REPORT ON TRANSFER.—

13 (1) REQUIREMENT.—Not later than 30 days

14 after completion of the transfer of the assets of the Air

15 Force Health Study under subsection (a), the Sec16 retary of the Air Force shall submit to the Committee

17 on Armed Services of the Senate and the Committee

18 on Armed Services of the House of Representatives a

19 report on the transfer.

20 (2) MATTERS COVERED.—At a minimum, the re21 port shall include information on the number of study

22 participants whose data and biological specimens

23 were not transferred, the efforts that were taken to

24 contact such participants, and the reasons why the

25 transfer of their data and specimens did not occur.
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1 (c) DISPOSITION OF ASSETS NOT TRANSFERRED.—

2 The Secretary of the Air Force may not destroy any data

3 or biological specimens not transferred under subsection (a)

4 until the expiration of the one-year period following sub5 mission of the report under subsection (b).

6 (d) FUNDING.—

7 (1) COSTS OF TRANSFER.—Of the funds avail8 able to the Defense Health Program, the Secretary of

9 Defense may make available to the Air Force

10 $850,000 for preparation, transfer of the assets of the

11 Air Force Health Study and shipment of data and

12 specimens to the Medical Follow-Up Agency and the

13 National Archives during fiscal year 2007 from

14 amounts available from the Department of Defense for

15 that year. The Secretary of Defense is authorized to

16 transfer the freezers and other physical assets assigned

17 to the Air Force Health Study to the Agency without

18 charge.

19 (2) COSTS OF COLLABORATION.—Of the funds

20 available to the Defense Health Program, the Sec21 retary of Defense may reimburse the National Acad22 emy of Sciences up to $200,000 for costs of the Med23 ical Follow-Up Agency to collaborate with the Air

24 Force in the transfer and receipt of the assets of the

25 Air Force Health Study to the Agency during fiscal
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1 year 2007 from amounts available from the Depart2 ment of Defense for that year.

3 SEC. 763. SENSE OF SENATE ON THE TRANSFORMATIONAL

4 MEDICAL TECHNOLOGY INITIATIVE OF THE

5 DEPARTMENT OF DEFENSE.

6 (a) FINDINGS.—The Senate finds the following:

7 (1) The most recent Quadrennial Defense Review

8 and other studies have identified the need to develop

9 broad-spectrum medical countermeasures against the

10 threat of genetically engineered bioterror agents.

11 (2) The Transformational Medical Technology

12 Initiative of the Department of Defense implements

13 cutting edge transformational medical technologies

14 and applies them to address the challenges of known,

15 emerging, and bioengineered threats.

16 (3) The Transformational Medical Technology

17 Initiative is designed to provide such technologies in

18 a much shorter timeframe, and at lower cost, than is

19 required with traditional approaches.

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

21 that—

22 (1) the Transformational Medical Technology

23 Initiative is an important effort to provide needed ca24 pability within the Department of Defense to field ef25 fective broad-spectrum countermeasures against a sig-
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1 nificant array of current and future biological

2 threats; and

3 (2) innovative technological approaches to

4 achieve broad-spectrum medical countermeasures are

5 a necessary component of the capacity of the Depart6 ment to provide chemical-biological defense and force

7 protection capabilities for the Armed Forces.

8 TITLE VIII—ACQUISITION POL9 ICY, ACQUISITION MANAGE10 MENT, AND RELATED MAT11 TERS

12 Subtitle A—Acquisition Policy and

13 Management

14 SEC. 801. ADDITIONAL CERTIFICATION REQUIREMENTS

15 FOR MAJOR DEFENSE ACQUISITION PRO16 GRAMS.

17 (a) ADDITIONAL CERTIFICATION REQUIREMENTS.—

18 Subsection (a) of section 2366a of title 10, United States

19 Code, is amended—

20 (1) in paragraph (6), by striking ‘‘and’’ at the

21 end;

22 (2) redesignating paragraph (7) as paragraph

23 (10); and

24 (3) by inserting after paragraph (6) the fol25 lowing new paragraphs:
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1 ‘‘(7) the program is needed to meet validated re2 quirements consistent with the national military

3 strategy;

4 ‘‘(8) reasonable estimates have been developed to

5 execute the product development and production plan

6 under the program;

7 ‘‘(9) funding is available to execute the product

8 development and production plan under the program

9 consistent with the estimates described in paragraph

10 (8) for the program; and’’.

11 (b) WAIVER FOR NATIONAL SECURITY.—Subsection (c)

12 of such section is amended by striking ‘‘(5), or (6)’’ and

13 inserting ‘‘(5), (6), (7), (8), or (9)’’.

14 SEC. 802. EXTENSION AND ENHANCEMENT OF DEFENSE AC15 QUISITION CHALLENGE PROGRAM.

16 (a) PRIORITY FOR PROPOSALS FROM CERTAIN BUSI17 NESSES.—Paragraph (5) of subsection (b) of section 2359b

18 of title 10, United States Code, is amended to read as fol19 lows:

20 ‘‘(5) The Under Secretary—

21 ‘‘(A) may establish procedures to ensure that the

22 Challenge Program does not become an avenue for the

23 repetitive submission of proposals that have been pre24 viously reviewed and found not to have merit; and
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1 ‘‘(B) may establish procedures to ensure that the

2 Challenge Program establishes appropriate priorities

3 for proposals from businesses that are not major con4 tractors with the Department of Defense.’’.

5 (b) EXTENSION.—Subsection (j) of such section is

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

7 ‘‘September 30, 2012’’.

8 SEC. 803. BASELINE DESCRIPTION AND UNIT COST RE9 PORTS FOR MAJOR DEFENSE ACQUISITION

10 PROGRAMS.

11 (a) SPECIFICATION OF ORIGINAL BASELINE ESTI12 MATE.—Section 2435(d)(1) of title 10, United States Code,

13 is amended by inserting after ‘‘with respect to the program

14 under subsection (a)’’ the following: ‘‘in preparation for

15 entry into system development and demonstration, or at

16 program initiation, whichever occurs later’’.

17 (b) REPORTS TO CONGRESS ON CERTAIN COST IN18 CREASES.—Section 2433(e)(1) of such title is amended by

19 adding at the end the following new subparagraph:

20 ‘‘(C) If the Secretary concerned determines that the

21 program acquisition unit cost or procurement unit cost of

22 a major defense acquisition program has increased by a

23 percentage equal to or greater than the significant cost

24 growth threshold for the program and a Selected Acquisition

25 Report has been submitted to Congress under subparagraph
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1 (A) or (B), each subsequent quarterly or comprehensive an2 nual Selected Acquisition Report shall include the informa3 tion required by subsection (g). No further report on in4 creases in the program acquisition unit cost or procurement

5 unit cost shall be required under subsection (c) or (d) unless

6 the program manager has reasonable cause to believe that

7 the program acquisition unit cost or procurement unit cost

8 has increased by a percentage equal to or greater than the

9 critical cost growth threshold.’’.

10 SEC. 804. MAJOR AUTOMATED INFORMATION SYSTEM PRO11 GRAMS.

12 (a) REPORTS AND INFORMATION ON PROGRAM COST

13 AND PERFORMANCE.—

14 (1) IN GENERAL.—Part IV of subtitle A of title

15 10, United States Code, is amended by inserting after

16 chapter 144 the following new chapter:

17 ‘‘CHAPTER 144A—MAJOR AUTOMATED

18 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.

19 ‘‘§ 2445a. Major automated information system pro20 gram defined

21 ‘‘(a) IN GENERAL.—In this chapter, the term ‘major

22 automated information system program’ means a Depart-
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1 ment of Defense program for the acquisition of an auto2 mated information system (either as a product or a service)

3 if—

4 ‘‘(1) the program is designated by the Secretary

5 of Defense, or a designee of the Secretary, as a major

6 automated information system program; or

7 ‘‘(2) the dollar value of the program is estimated

8 to exceed—

9 ‘‘(A) $32,000,000 in fiscal year 2000 con10 stant dollars for all program costs in a single fis11 cal year;

12 ‘‘(B) $126,000,000 in fiscal year 2000 con13 stant dollars for all program acquisition costs for

14 the entire program; or

15 ‘‘(C) $378,000,000 in fiscal year 2000 con16 stant dollars for the total life-cycle costs of the

17 program (including operation and maintenance

18 costs).

19 ‘‘(b) ADJUSTMENT.—The Secretary of Defense may ad20 just the amounts (and base fiscal year) set forth in sub21 section (a) on the basis of Department of Defense escalation

22 rates. An adjustment under this subsection shall be effective

23 after the Secretary transmits a written notification of the

24 adjustment to the congressional defense committees.
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1 ‘‘(c) INCREMENTS.—In the event any increment of a

2 major automated information system program separately

3 meets the requirements for treatment as a major automated

4 information system program, the provisions of this chapter

5 shall apply to such increment as well as to the overall major

6 automated information system program of which such in7 crement is a part.

8 ‘‘§ 2445b. Cost, schedule, and performance informa9 tion

10 ‘‘(a) SUBMITTAL OF COST, SCHEDULE, AND PERFORM11 ANCE INFORMATION.—The Secretary of Defense shall sub12 mit to Congress each calendar year, not later than 45 days

13 after the President submits to Congress the budget for a fis14 cal year under section 1105 of title 31, budget justification

15 documents regarding cost, schedule, and performance for

16 each major automated information system program for

17 which funds are requested by the President in the budget.

18 ‘‘(b) ELEMENTS.—The documents submitted under

19 subsection (a) with respect to a major automated informa20 tion system program shall include detailed and summarized

21 information with respect to the automated information sys22 tem to be acquired under the program, and shall specifically

23 include each of the following:

24 ‘‘(1) The development schedule, including major

25 milestones.
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1 ‘‘(2) The implementation schedule, including es2 timates of milestone dates, initial operational capa3 bility, and full operational capability.

4 ‘‘(3) Estimates of development costs and full life5 cycle costs.

6 ‘‘(4) A summary of key performance parameters.

7 ‘‘(c) BASELINE.—(1) For purposes of this chapter, the

8 initial submittal to Congress of the documents required by

9 subsection (a) with respect to a major automated informa10 tion system program shall constitute the original estimate

11 or information originally submitted on such program for

12 purposes of the reports and determinations on program

13 changes in section 2445c of this title.

14 ‘‘(2) An adjustment or revision of the original estimate

15 or information originally submitted on a program may be

16 treated as the original estimate or information originally

17 submitted on the program if the adjustment or revision is

18 the result of a critical change in the program covered by

19 section 2445c(d) of this title.

20 ‘‘(3) In the event of an adjustment or revision to the

21 original estimate or information originally submitted on a

22 program under paragraph (2), the Secretary of Defense

23 shall include in the next budget justification documents sub24 mitted under subsection (a) after such adjustment or revi25 sion a notification to the congressional defense committees
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1 of such adjustment or revision, together with the reasons

2 for such adjustment or revision.

3 ‘‘§ 2445c. Reports: quarterly reports; reports on pro4 gram changes

5 ‘‘(a) QUARTERLY REPORTS BY PROGRAM MAN6 AGERS.—The program manager of a major automated in7 formation system program shall, on a quarterly basis, sub8 mit to the senior Department of Defense official responsible

9 for the program a written report identifying any variance

10 in the projected development schedule, implementation

11 schedule, life-cycle costs, or key performance parameters for

12 the major automated information system to be acquired

13 under the program from such information as originally

14 submitted to Congress under section 2445b of this title.

15 ‘‘(b) SENIOR OFFICIALS RESPONSIBLE FOR PRO16 GRAMS.—For purposes of this section, the senior Depart17 ment of Defense official responsible for a major automated

18 information system program is—

19 ‘‘(1) in the case of an automated information

20 system to be acquired for a military department, the

21 senior acquisition executive for the military depart22 ment; or

23 ‘‘(2) in the case of any other automated informa24 tion system to be acquired for the Department of De25 fense or any component of the Department of Defense,
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1 the Under Secretary of Defense for Acquisition, Tech2 nology, and Logistics.

3 ‘‘(c) REPORT ON SIGNIFICANT CHANGES IN PRO4 GRAM.—

5 ‘‘(1) IN GENERAL.—If, based on a quarterly re6 port submitted by the program manager of a major

7 automated information system program pursuant to

8 subsection (a), the senior Department of Defense offi9 cial responsible for the program makes a determina10 tion described in paragraph (2), the official shall, not

11 later than 45 days after receiving such report, notify

12 the congressional defense committees in writing of

13 such determination.

14 ‘‘(2) COVERED DETERMINATION.—A determina15 tion described in this paragraph with respect to a

16 major automated information system program is a

17 determination that—

18 ‘‘(A) there has been a schedule change that

19 will cause a delay of more than six months but

20 less than a year in any program schedule mile21 stone or significant event from the schedule origi22 nally submitted to Congress under paragraph (1)

23 or (2) of section 2445b(b) of this title;

24 ‘‘(B) the estimated program development

25 cost or full life-cycle cost for the program has in-
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1 creased by at least 15 percent, but less than 25

2 percent, over the original estimate submitted to

3 Congress under paragraph (3) of section

4 2445b(b) of this title; or

5 ‘‘(C) there has been a significant, adverse

6 change in the expected performance of the major

7 automated information system to be acquired

8 under the program from the parameters origi9 nally submitted to Congress under paragraph (4)

10 of section 2445b(b) of this title.

11 ‘‘(d) REPORT ON CRITICAL CHANGES IN PROGRAM.—

12 ‘‘(1) IN GENERAL.—If, based on a quarterly re13 port submitted by the program manager of a major

14 automated information system program pursuant to

15 subsection (a), the senior Department of Defense offi16 cial responsible for the program makes a determina17 tion described in paragraph (2), the official shall, not

18 later than 60 days after receiving such report—

19 ‘‘(A) carry out an evaluation of the pro20 gram under subsection (e); and

21 ‘‘(B) submit, through the Secretary of De22 fense, to the congressional defense committees a

23 report meeting the requirements of subsection (f).

24 ‘‘(2) COVERED DETERMINATION.—A determina25 tion described in this paragraph with respect to a
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1 major automated information system program is a

2 determination that—

3 ‘‘(A) there has been a schedule change that

4 will cause a delay of one year or more in any

5 program schedule milestone or significant event

6 from the schedule originally submitted to Con7 gress under paragraph (1) or (2) of section

8 2445b(b) of this title;

9 ‘‘(B) the estimated program development

10 cost or full life-cycle cost for the program has in11 creased by 25 percent or more over the original

12 estimate submitted to Congress under paragraph

13 (3) of section 2445b(b) of this title; or

14 ‘‘(C) there has been a change in the expected

15 performance of the major automated information

16 system to be acquired under the program that

17 will undermine the ability of the system to per18 form the functions anticipated at the time infor19 mation on the program was originally submitted

20 to Congress under section 2445b(b) of this title.

21 ‘‘(e) PROGRAM EVALUATION.—The evaluation of a

22 major automated information system program conducted

23 under this subsection for purposes of subsection (d)(1)(A)

24 shall include an assessment of—
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1 ‘‘(1) the projected cost and schedule for com2 pleting the program if current requirements are not

3 modified;

4 ‘‘(2) the projected cost and schedule for com5 pleting the program based on reasonable modification

6 of such requirements; and

7 ‘‘(3) the rough order of magnitude of the cost and

8 schedule for any reasonable alternative system or ca9 pability.

10 ‘‘(f) REPORT ON CRITICAL PROGRAM CHANGES.—A re11 port on a major automated information system program

12 conducted under this subsection for purposes of subsection

13 (d)(1)(B) shall include a written certification (with sup14 porting explanation) stating that—

15 ‘‘(1) the automated information system to be ac16 quired under the program is essential to the national

17 security or to the efficient management of the Depart18 ment of Defense;

19 ‘‘(2) there is no alternative to the system which

20 will provide equal or greater capability at less cost;

21 ‘‘(3) the new estimates of the costs, schedule, and

22 performance parameters with respect to the program

23 and system are reasonable; and

24 ‘‘(4) the management structure for the program

25 is adequate to manage and control program costs.
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1 ‘‘(g) PROHIBITION ON OBLIGATION OF FUNDS.—(1) If

2 the determination of a critical change to a program is made

3 by the senior Department official responsible for the pro4 gram under subsection (d)(2) and a report is not submitted

5 to Congress within the 60-day period provided by subsection

6 (d)(1), appropriated funds may not be obligated for any

7 major contract under the program.

8 ‘‘(2) The prohibition on the obligation of funds for a

9 program under paragraph (1) shall cease to apply on the

10 date on which Congress has received a report in compliance

11 with the requirements of subsection (d)(2).

12 ‘‘§ 2445d. Construction with other reporting require13 ments

14 ‘‘In the case of a major automated information system

15 program covered by this chapter that is also treatable as

16 a major defense acquisition program for which reports

17 would be required under chapter 144 of this title, no reports

18 on the program are required under such chapter if the re19 quirements of this chapter with respect to the program are

20 met.’’.

21 (2) CLERICAL AMENDMENTS.—The tables of

22 chapters the beginning of subtitle A of such title, and

23 of part IV of subtitle A of such title, are each amend24 ed by inserting after the item relating to chapter 144

25 the following new item:

‘‘144A. Major Automated Information System Programs ....2445a’’.
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1 (b) REPORT ON REPORTING REQUIREMENTS APPLICA2 BLE TO MAJOR AUTOMATED INFORMATION SYSTEM PRO3 GRAMS.—Not later than 180 days after the date of enact4 ment of this Act, the Secretary of Defense shall submit to

5 the congressional defense committees a report setting forth

6 the reporting requirements applicable to major automated

7 information system programs as of the date of the report,

8 including a specification of such reporting requirements

9 considered by the Secretary to be duplicative or redundant.

10 (c) EFFECTIVE DATE.—

11 (1) IN GENERAL.—The amendments made by

12 subsection (a) shall take effect on January 1, 2008,

13 and shall apply with respect to any major automated

14 information system program for which amounts are

15 requested in the budget of the President (as submitted

16 to Congress under section 1105 of title 31, United

17 States Code) for a fiscal year after fiscal year 2008,

18 regardless of whether the acquisition of the automated

19 information system to be acquired under the program

20 was initiated before, on, or after January 1, 2008.

21 (2) REPORT REQUIREMENT.—Subsection (b)

22 shall take effect on the date of the enactment of this

23 Act.
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1 SEC. 805. ADJUSTMENT OF ORIGINAL BASELINE ESTIMATE

2 FOR MAJOR DEFENSE ACQUISITION PRO3 GRAMS EXPERIENCING COST GROWTH RE4 SULTING FROM DAMAGE CAUSED BY HURRI5 CANES KATRINA, RITA, AND WILMA.

6 (a) ADJUSTMENT AUTHORIZED.—Notwithstanding

7 any limitations under section 2435(d) of title 10, United

8 States Code, the Secretary of Defense may adjust the origi9 nal Baseline Estimate for a major defense acquisition pro10 gram that is carried out primarily in the Hurricane

11 Katrina disaster area, Hurricane Rita disaster area, or

12 Hurricane Wilma disaster area for the sole purpose of ad13 dressing cost growth in such program that, as determined

14 by the Secretary, is directly attributable to damage caused

15 by Hurricane Katrina, Hurricane Rita, or Hurricane

16 Wilma.

17 (b) NOTICE TO CONGRESS.—The Secretary shall iden18 tify any adjustment to the original Baseline Estimate of

19 a major defense acquisition program under subsection (a),

20 and provide an explanation of the basis for such adjust21 ment, in the first Selected Acquisition Report that is sub22 mitted under section 2432 of title 10, United States Code,

23 after such adjustment is made.

24 (c) SUNSET.—The authority to adjust an original

25 Baseline Estimate for a major defense acquisition program
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1 under subsection (a) shall expire on the date that is one

2 year after the date of the enactment of this Act.

3 (d) DEFINITIONS.—In this section:

4 (1) The term ‘‘major defense acquisition pro5 gram’’ has the meaning given that term in section

6 2430 of title 10, United States Code.

7 (2) The term ‘‘original Baseline Estimate’’, in

8 the case of a major defense acquisition program,

9 means the first baseline description for the program

10 established under section 2435(a) of title 10, United

11 States Code.

12 (3) The terms ‘‘Hurricane Katrina disaster

13 area’’, ‘‘Hurricane Rita disaster area’’, and ‘‘Hurri14 cane Wilma disaster area’’ have the meaning given

15 such terms in section 1400M of the Internal Revenue

16 Code of 1986.

17 SEC. 806. INTERNAL CONTROLS FOR PROCUREMENTS ON

18 BEHALF OF THE DEPARTMENT OF DEFENSE

19 BY CERTAIN NON-DEFENSE AGENCIES.

20 (a) INSPECTOR GENERAL REVIEWS AND DETERMINA21 TIONS.—

22 (1) IN GENERAL.—For each covered non-defense

23 agency, the Inspector General of the Department of

24 Defense and the Inspector General of such non-defense

25 agency shall, not later than March 15, 2007, jointly—
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1 (A) review—

2 (i) the procurement policies, proce3 dures, and internal controls of such non-de4 fense agency that are applicable to the pro5 curement of property and services on behalf

6 of the Department by such non-defense

7 agency; and

8 (ii) the administration of those poli9 cies, procedures, and internal controls; and

10 (B) determine in writing whether—

11 (i) such non-defense agency is compli12 ant with defense procurement requirements;

13 (ii) such non-defense agency is not

14 compliant with defense procurement re15 quirements, but has a program or initiative

16 to significantly improve compliance with

17 defense procurement requirements;

18 (iii) neither of the conclusions stated

19 in clauses (i) and (ii) is correct in the case

20 of such non-defense agency; or

21 (iv) such non-defense agency is not

22 compliant with defense procurement re23 quirements to such an extent that the inter24 ests of the Department of Defense are at risk
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1 in procurements conducted by such non-de2 fense agency.

3 (2) ACTIONS FOLLOWING CERTAIN DETERMINA4 TIONS.—If the Inspectors General determine under

5 paragraph (1) that the conclusion stated in clause

6 (ii), (iii), or (iv) of subparagraph (B) of that para7 graph is correct in the case of a covered non-defense

8 agency, such Inspectors General shall, not later than

9 June 15, 2008, jointly—

10 (A) conduct a second review, as described in

11 subparagraph (A) of that paragraph, regarding

12 such non-defense agency’s procurement of prop13 erty or services on behalf of the Department of

14 Defense in fiscal year 2007; and

15 (B) determine in writing whether such non16 defense agency is or is not compliant with de17 fense procurement requirements.

18 (b) COMPLIANCE WITH DEFENSE PROCUREMENT RE19 QUIREMENTS.—For the purposes of this section, a covered

20 non-defense agency is compliant with defense procurement

21 requirements if such non-defense agency’s procurement poli22 cies, procedures, and internal controls applicable to the pro23 curement of products and services on behalf of the Depart24 ment of Defense, and the manner in which they are admin25 istered, are adequate to ensure such non-defense agency’s
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1 compliance with the requirements of laws and regulations

2 that apply to procurements of property and services made

3 directly by the Department of Defense.

4 (c) MEMORANDA OF UNDERSTANDING BETWEEN IN5 SPECTORS GENERAL.—

6 (1) IN GENERAL.—Not later than 60 days after

7 the date of the enactment of this Act, the Inspector

8 General of the Department of Defense and the Inspec9 tor General of each covered non-defense agency shall

10 enter into a memorandum of understanding with each

11 other to carry out the reviews and make the deter12 minations required by this section.

13 (2) SCOPE OF MEMORANDA.—The Inspector Gen14 eral of the Department of Defense and the Inspector

15 General of a covered non-defense agency may by mu16 tual agreement conduct separate reviews of the pro17 curement of property and services on behalf of the De18 partment of Defense that are conducted by separate

19 business units, or under separate governmentwide ac20 quisition contracts, of such non-defense agency. In

21 any case where such separate reviews are conducted,

22 the Inspectors General shall make separate determina23 tions under paragraph (1) or (2) of subsection (a), as

24 applicable, with respect to each such separate review.
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1 (d) LIMITATIONS ON PROCUREMENTS ON BEHALF OF

2 DEPARTMENT OF DEFENSE.—

3 (1) LIMITATION DURING REVIEW PERIOD.—After

4 March 15, 2007, and before June 16, 2008, no official

5 of the Department of Defense may, except as provided

6 in subsection (e) or (f), order, purchase, or otherwise

7 procure property or services in an amount in excess

8 of $100,000 through a covered non-defense agency for

9 which a determination described in clause (iii) or (iv)

10 of paragraph (1)(B) of subsection (a) has been made

11 under subsection (a).

12 (2) LIMITATION AFTER REVIEW PERIOD.—After

13 June 15, 2008, no official of the Department of De14 fense may, except as provided in subsection (e) or (f),

15 order, purchase, or otherwise procure property or

16 services in an amount in excess of $100,000 through

17 a covered non-defense agency that, having been subject

18 to review under this section, has not been determined

19 under this section as being compliant with defense

20 procurement requirements.

21 (3) LIMITATION FOLLOWING FAILURE TO REACH

22 MOU.—Commencing on the date that is 60 days after

23 the date of the enactment of this Act, if a memo24 randum of understanding between the Inspector Gen25 eral of the Department of Defense and the Inspector
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1 General of a covered non-defense agency cannot be at2 tained causing the review required by this section to

3 not be performed, no official of the Department of De4 fense, except as provided in subsection (e) or (f), may

5 order, purchase or otherwise procure property or serv6 ices in an amount in excess of $100,000 through such

7 non-defense agency.

8 (e) EXCEPTION FROM APPLICABILITY OF LIMITA9 TIONS.—

10 (1) EXCEPTION.—No limitation applies under

11 subsection (d) with respect to the procurement of

12 property and services on behalf of the Department of

13 Defense by a covered non-defense agency during any

14 period that there is in effect a determination of the

15 Under Secretary of Defense for Acquisition, Tech16 nology, and Logistics, made in writing, that it is nec17 essary in the interest of the Department of Defense to

18 continue to procure property and services through

19 such non-defense agency.

20 (2) APPLICABILITY OF DETERMINATION.—A

21 written determination with respect to a covered non22 defense agency under paragraph (1) is in effect for the

23 period, not in excess of one year, that the Under Sec24 retary shall specify in the written determination. The

25 Under Secretary may extend from time to time, for
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1 up to one year at a time, the period for which the

2 written determination remains in effect.

3 (f) TERMINATION OF APPLICABILITY OF LIMITA4 TIONS.—Subsection (d) shall cease to apply to a covered

5 non-defense agency on the date on which the Inspector Gen6 eral of the Department of Defense and the Inspector General

7 of such non-defense agency jointly—

8 (1) determine that such non-defense agency is

9 compliant with defense procurement requirements;

10 and

11 (2) notify the Secretary of Defense of that deter12 mination.

13 (g) IDENTIFICATION OF PROCUREMENTS MADE DUR14 ING A PARTICULAR FISCAL YEAR.—For the purposes of sub15 section (a), a procurement shall be treated as being made

16 during a particular fiscal year to the extent that funds are

17 obligated by the Department of Defense for that procure18 ment in that fiscal year.

19 (h) RESOLUTION OF DISAGREEMENTS.—If the Inspec20 tor General of the Department of Defense and the Inspector

21 General of a covered non-defense agency are unable to agree

22 on a joint determination under subsection (a) or subsection

23 (f), a determination by the Inspector General of the Depart24 ment of Defense under such subsection shall be conclusive

25 for the purposes of this section.
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1 (i) DEFINITIONS.—In this section:

2 (1) The term ‘‘covered non-defense agency’’

3 means each of the following:

4 (A) The Department of Veterans Affairs.

5 (B) The National Institutes of Health.

6 (2) The term ‘‘governmentwide acquisition con7 tract’’, with respect to a covered non-defense agency,

8 means a task or delivery order contract that—

9 (A) is entered into by the non-defense agen10 cy; and

11 (B) may be used as the contract under

12 which property or services are procured for one

13 or more other departments or agencies of the

14 Federal Government.

15 SEC. 807. REGULATIONS ON USE OF FIXED-PRICE CON16 TRACTS IN DEVELOPMENT PROGRAMS.

17 (a) IN GENERAL.—Not later than 120 days after the

18 date of the enactment of this Act, the Secretary of Defense

19 shall modify the regulations of the Department of Defense

20 on the use of fixed-price type contracts in development pro21 grams.

22 (b) ELEMENTS.—As modified under subsection (a), the

23 regulations described in that subsection shall—

24 (1) establish a preference for the use of fixed25 price type contracts in development programs to the
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1 maximum extent practicable in light of the level of

2 program risk; and

3 (2) require the use of fixed-price type contracts

4 in each contract for system development and dem5 onstration, or operational system development, unless

6 the use of a different contract type is specifically au7 thorized pursuant to subsection (c).

8 (c) AUTHORIZATION OF USE OF DIFFERENT CON9 TRACT TYPE.—

10 (1) IN GENERAL.—As modified under subsection

11 (a), the regulations described in that subsection shall

12 provide that the Secretary of Defense may authorize

13 the use of a difference contract type under subsection

14 (b)(2) with respect to a program upon a written de15 termination by the Secretary that—

16 (A) the program is so complex and tech17 nically challenging that it would not be prac18 ticable to reduce program risk to a level that

19 would permit the use of a fixed-price type con20 tract; and

21 (B) the complexity and technical challenge

22 of the program is not the result of a failure to

23 meet the certification requirements established in

24 section 2366a of title 10, United States Code.
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1 (2) SUBMITTAL TO CONGRESSIONAL DEFENSE

2 COMMITTEES.—The regulations shall provide that a

3 copy of any determination on a program under para4 graph (1), together with an explanation of the basis

5 for such determination, shall be submitted to the con6 gressional defense committees with the first Selected

7 Acquisition Report submitted under section 2432 of

8 title 10, United States Code, after such determination

9 is made.

10 (3) DELEGATION OF AUTHORITY.—The regula11 tions shall provide that the authority to make a deter12 mination under paragraph (1) may not be delegated

13 below the level of the Under Secretary of Defense for

14 Acquisition, Technology, and Logistics.

15 (d) REPEAL OF SUPERSEDED REQUIREMENTS.—Sec16 tion 807 of the National Defense Authorization Act for Fis17 cal Year 1989 (10 U.S.C. 2304 note) is repealed.

18 (e) EFFECTIVE DATE OF REGULATIONS.—

19 (1) IN GENERAL.—The modified regulations re20 quired under this section shall apply to any contract

21 entered into after the date that is 120 days after the

22 date of the enactment of this Act.

23 (2) SYSTEM DEVELOPMENT AND DEMONSTRATION

24 OR OPERATIONAL SYSTEM DEVELOPMENT.—The modi25 fication required by subsection (b)(2) in the regula-
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1 tions shall apply with respect to programs that enter

2 into system development and demonstration, or oper3 ational system development, after the date that is 120

4 days after the date of the enactment of this Act.

5 SEC. 808. AVAILABILITY OF FUNDS FOR PERFORMANCE6 BASED LOGISTICS CONTRACTS FOR WEAPON

7 SYSTEMS LOGISTICS SUPPORT.

8 (a) AVAILABILITY OF OPERATION AND MAINTENANCE

9 FUNDS.—

10 (1) IN GENERAL.—Amounts available to the De11 partment of Defense for operation and maintenance—

12 (A) are available for performance-based lo13 gistics contracts for weapon systems; and

14 (B) subject to paragraph (2), may be used

15 in accordance with the terms of such contracts to

16 implement engineering changes that result in a

17 reduction of the operation and maintenance costs

18 to the Government of such systems.

19 (2) LIMITATION.—Funds may not be used for a

20 performance-based logistics contract to implement en21 gineering changes the total cost of which is expected

22 to exceed $20,000,000.

23 (b) NOTICE TO CONGRESS ON ENTRY INTO CON24 TRACTS.—
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1 (1) IN GENERAL.—Not later than 30 days before

2 entering into a performance-based logistics contract

3 under this section, the Secretary of a military depart4 ment shall submit to Congress a notice of intent to

5 enter into such contract.

6 (2) ELEMENTS.—The notice on a performance7 based logistics contract under paragraph (1) shall in8 clude the following:

9 (A) A statement that the military depart10 ment concerned—

11 (i) has performed a business case anal12 ysis for such contract;

13 (ii) has determined, based on such

14 analysis, that there is a reasonable expecta15 tion that such contract will result in an

16 overall reduction of operation and mainte17 nance costs with respect to a weapon sys18 tem; and

19 (iii) has specific plans in place to—

20 (I) update such analysis at ap21 propriate decision points when suffi22 cient cost and performance data have

23 been collected to validate the assump24 tions used in developing such analysis;

25 and
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1 (II) periodically review and vali2 date the propriety and integrity of

3 program performance measures, and

4 verify the reliability of contractor cost

5 and performance data, with respect to

6 such contract.

7 (B) An estimate of the projected cost and

8 savings from such contract, together with an ex9 planation of the basis for such estimates.

10 (c) PERFORMANCE-BASED LOGISTICS CONTRACT DE11 FINED.—In this section, the term ‘‘performance-based logis12 tics contract’’ means a contract for the acquisition of logis13 tics support (whether at the system, subsystem, or major

14 assembly level) for a weapon system that combines logistics

15 support in an integrated, affordable, performance package

16 designed to optimize system readiness and meet perform17 ance goals for the weapon system through long-term support

18 arrangements with clear lines of authority and responsi19 bility for the provision of such support.

20 (d) REPORT.—

21 (1) IN GENERAL.—Not later than March 1, 2012,

22 the Secretary of Defense shall submit to the congres23 sional defense committees a report on the status of all

24 performance-bases logistics contracts entered into pur25 suant to this section.
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1 (2) ELEMENTS.—The report under paragraph

2 (1) shall include, for each contract covered by such re3 port, a comparison of the projected cost and savings

4 of such contract (as estimated in the notice to Con5 gress under subsection (b)(2)(B)) with the actual cost

6 and savings of such contract (as determined in ac7 cordance with the plan for such contract under sub8 section (b)(2)(A)(iii)).

9 (e) SUNSET.—

10 (1) IN GENERAL.—The authority to enter con11 tracts under this section shall terminate on September

12 30, 2012.

13 (2) EFFECT ON EXISTING CONTRACTS.—The ter14 mination under paragraph (1) of the authority to

15 enter contracts under this section shall not affect the

16 use of funds for purposes authorized by subsection (a)

17 under contracts entered on or before the date specified

18 in that paragraph.

19 SEC. 809. QUALITY CONTROL IN PROCUREMENT OF SHIP

20 CRITICAL SAFETY ITEMS AND RELATED SERV21 ICES.

22 (a) QUALITY CONTROL POLICY.—The Secretary of De23 fense shall prescribe in regulations a quality control policy

24 for the procurement of the following:

25 (1) Ship critical safety items.
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1 (2) Modifications, repair, and overhaul of ship

2 critical safety items.

3 (b) ELEMENTS.—The policy required under subsection

4 (a) shall include requirements as follows:

5 (1) That the head of the design control activity

6 for ship critical safety items establish processes to

7 identify and manage the procurement, modification,

8 repair, and overhaul of such items.

9 (2) That the head of the contracting activity for

10 a ship critical safety item enter into a contract for

11 the procurement, modification, repair, or overhaul of

12 such item only with a source on a qualified manufac13 turers list or a source approved by the design control

14 activity in accordance with section 2319 of title 10,

15 United States Code (as amended by subsection (d)).

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

17 and the services performed with respect to such items,

18 meet all technical and quality requirements specified

19 by the design control activity.

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

21 critical safety item’’ and ‘‘design control activity’’ have the

22 meanings given such terms in subsection (g) of 2319 of title

23 10, United States Code (as so amended).

24 (d) CONFORMING AMENDMENTS.—Section 2319 of title

25 10, United States Code, is amended—
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1 (1) in subsection (c)(3), by inserting ‘‘or ship

2 critical safety item’’ after ‘‘aviation critical safety

3 item’’; and

4 (2) in subsection (g)—

5 (A) by redesignating paragraph (2) as

6 paragraph (3);

7 (B) by inserting after paragraph (1) the fol8 lowing new paragraph (2):

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

10 any ship part, assembly, or support equipment con11 taining a characteristic the failure, malfunction, or

12 absence of which could cause a catastrophic or critical

13 failure resulting in loss of or serious damage to the

14 ship or unacceptable risk of personal injury or loss of

15 life.’’; and

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

17 (i) by inserting ‘‘or ship critical safety

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

19 (ii) by inserting ‘‘, or the seaworthiness

20 of a ship or ship equipment,’’ after ‘‘equip21 ment’’; and

22 (iii) by striking ‘‘the item’’ and insert23 ing ‘‘such item’’.
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1 SEC. 810. THREE-YEAR EXTENSION OF REQUIREMENT FOR

2 REPORTS ON COMMERCIAL PRICE TREND

3 ANALYSES OF THE DEPARTMENT OF DE4 FENSE.

5 Section 803(c)(4) of the Strom Thurmond National

6 Defense Authorization Act for Fiscal Year 1999 (10 U.S.C.

7 2306a note) is amended by striking ‘‘2006’’ and inserting

8 ‘‘2009’’.

9 SEC. 811. PILOT PROGRAM ON TIME-CERTAIN DEVELOP10 MENT IN ACQUISITION OF MAJOR WEAPON

11 SYSTEMS.

12 (a) PILOT PROGRAM AUTHORIZED.—The Secretary of

13 Defense may carry out a pilot program on the use of time14 certain development in the acquisition of major weapon sys15 tems.

16 (b) PURPOSE OF PILOT PROGRAM.—The purpose of the

17 pilot program authorized by subsection (a) is to assess the

18 feasibility and advisability of utilizing time-certain devel19 opment in the acquisition of major weapon systems in order

20 to deliver new capabilities to the warfighter more rapidly

21 through disciplined decision-making, emphasis on techno22 logical maturity, and appropriate trade-offs between system

23 performance and schedule.

24 (c) INCLUSION OF SYSTEMS IN PILOT PROGRAM.—

25 (1) IN GENERAL.—The decision whether to in26 clude a major weapon system in the pilot program
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1 shall be made by the Milestone Decision Authority for

2 the acquisition program for the system.

3 (2) CRITERIA.—A major weapon system may be

4 included in the pilot program only if the Milestone

5 Decision Authority determines, in consultation with

6 the service acquisition executive for the military de7 partment carrying out the acquisition program for

8 the system and one or more combatant commanders

9 responsible for fielding the system, that—

10 (A) the certification requirements of section

11 2366a of title 10, United States Code, have been

12 met, and no waivers have been granted from

13 such requirements;

14 (B) a preliminary design has been com15 pleted after appropriate requirements analysis

16 using systems engineering, and the system, as so

17 designed, will meet battlefield needs identified by

18 the relevant combatant commanders;

19 (C) all critical technologies needed to meet

20 system requirements have been demonstrated in

21 an operational environment;

22 (D) an independent cost estimate has been

23 conducted and used as the basis for funding re24 quirements for the acquisition program for the

25 system;
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1 (E) the budget of the military department

2 responsible for carrying out the acquisition pro3 gram for the system provides the funding nec4 essary to execute the product development and

5 production plan consistent with the requirements

6 identified pursuant to subparagraph (D);

7 (F) an appropriately-qualified program

8 manager has entered into a performance agree9 ment with the Milestone Decision Authority that

10 establishes expected parameters for the cost,

11 schedule, and performance of the acquisition pro12 gram for the system, consistent with a business

13 case for such acquisition program;

14 (G) the service acquisition executive and the

15 program manager have agreed that the program

16 manager will continue in such position until the

17 delivery of the initial operational capability

18 under the acquisition program for the system;

19 (H) the service acquisition executive, the

20 relevant combatant commanders, and the pro21 gram manager have agreed that no additional

22 requirements will be added during the develop23 ment phase of the acquisition program for the

24 system; and
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1 (I) a planned initial operational capability

2 will be delivered to the relevant combatant com3 manders no more than 6 years after the date of

4 the milestone B approval for the system.

5 (3) TIMING OF DECISION.—The decision whether

6 to include a major weapon system in the pilot pro7 gram shall be made at the time of milestone approval

8 for the acquisition program for the system.

9 (d) LIMITATION ON NUMBER OF SYSTEM IN PILOT

10 PROGRAM.—The number of major weapon systems included

11 in the pilot program at any time may not exceed 12 major

12 weapon systems.

13 (e) SPECIAL FUNDING AUTHORITY.—

14 (1) AUTHORITY FOR RESERVE ACCOUNT.—Not15 withstanding any other provision of law, the Sec16 retary of Defense may establish a special reserve ac17 count utilizing funds made available for the major

18 weapon systems included in the pilot program.

19 (2) ELEMENTS.—The special reserve account

20 may include—

21 (A) funds made available for any major

22 weapon system included in the pilot program to

23 cover termination liability;

24 (B) funds made available for any major

25 weapon system included in the pilot program for
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1 award fees that may be earned by contractors;

2 and

3 (C) funds appropriated to the special re4 serve account.

5 (3) AVAILABILITY OF FUNDS.—Funds in the spe6 cial reserve account may be used, in accordance with

7 guidance issued by the Secretary for purposes of this

8 section, for the following purposes:

9 (A) To cover termination liability for any

10 major weapon system included in the pilot pro11 gram.

12 (B) To pay award fees that are earned by

13 any contractor for a major weapon system in14 cluded in the pilot program.

15 (C) To address unforeseen contingencies that

16 could prevent a major weapon system included

17 in the pilot program from meeting critical sched18 ule or performance requirements.

19 (4) REPORTS ON USE OF FUNDS.—Not later than

20 30 days after the use of funds in the special reserve

21 account for the purpose specified in paragraph (3)(C),

22 the Secretary shall submit to the congressional defense

23 committees a report on report the use of funds in the

24 account for such purpose. The report shall set forth
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1 the purposes for which the funds were used and the

2 reasons for the use of the funds for such purposes.

3 (f) ADMINISTRATION OF PILOT PROGRAM.—The Sec4 retary of Defense shall prescribe policies and procedures on

5 the administration of the pilot program. Such policies and

6 procedures shall—

7 (1) provide for the use of program status reports

8 based on earned value data to track progress on a

9 major weapon system under the pilot program

10 against baseline estimates applicable to such system

11 at each systems engineering technical review point;

12 and

13 (2) grant authority to the program manager for

14 the acquisition program for a major weapon system

15 to make key program decisions and trade-offs, subject

16 to management reviews only if cost or schedule devi17 ations exceed 10 percent baselines for such acquisition

18 program.

19 (g) EXPIRATION OF AUTHORITY TO INCLUDE ADDI20 TIONAL SYSTEMS IN PILOT PROGRAM.—

21 (1) EXPIRATION.—A major weapon system may

22 not be included in the pilot program after September

23 30, 2012.

24 (2) RETENTION OF SYSTEMS.—A major weapon

25 system included in the pilot program before the date
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1 specified in paragraph (1) in accordance with the re2 quirements of this section may remain in the pilot

3 program after that date.

4 (h) ANNUAL REPORT.—

5 (1) IN GENERAL.—Not later than one year after

6 including the first major weapon system in the pilot

7 program, and annually thereafter, the Secretary shall

8 submit to the congressional defense committees a re9 port on the pilot program, and the major weapon sys10 tems included in the pilot program, during the one11 year period ending on the date of such report.

12 (2) ELEMENTS.—Each report under this sub13 section shall include—

14 (A) a description of progress under the pilot

15 program, and on each major weapon system in16 cluded in the pilot program, during the period

17 covered by such report; and

18 (B) such other matters as the Secretary con19 siders appropriate.

20 (i) MAJOR WEAPON SYSTEM DEFINED.—In this sec21 tion, the term ‘‘major weapon system’’ means a weapon sys22 tem that is treatable as a major system under section

23 2302(5) of title 10, United States Code.
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1 SEC. 812. GOVERNMENT PERFORMANCE OF CRITICAL AC2 QUISITION FUNCTIONS.

3 (a) GOVERNMENT PERFORMANCE OF FUNCTIONS.—

4 (1) IN GENERAL.—Section 2383 of title 10,

5 United States Code is amended—

6 (A) by redesignating subsection (b) as sub7 section (c); and

8 (B) by inserting after subsection (a) the fol9 lowing new subsection (b):

10 ‘‘(b) GOVERNMENT PERFORMANCE OF CRITICAL AC11 QUISITION FUNCTIONS.—The head of an agency shall ensure

12 that, at a minimum, for each major defense acquisition pro13 gram and each major automated information system pro14 gram, each of the following positions is performed by a

15 properly qualified full-time Federal military or civilian

16 employee:

17 ‘‘(1) Program manager.

18 ‘‘(2) Deputy program manager.

19 ‘‘(3) Chief engineer.

20 ‘‘(4) Systems engineer.

21 ‘‘(5) Cost estimator.’’.

22 (2) DEFINITIONAL MATTERS.—Subsection (c) of

23 such section, as redesignated by paragraph (1)(A) of

24 this subsection, is further amended by adding at the

25 end the following new paragraphs:
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1 ‘‘(5) The term ‘major defense acquisition pro2 gram’ has the meaning given such term in section

3 2430(a) of this title.

4 ‘‘(6) The term ‘major automated information

5 system program’ has the meaning given such term in

6 section 2445a(a) of this title.’’.

7 (b) EFFECTIVE DATE AND PHASE-IN.—

8 (1) EFFECTIVE DATE.—The amendments made

9 by subsection (a) shall take effect on the date that is

10 one year after the date of enactment of this Act.

11 (2) TEMPORARY WAVER.—During the two-year

12 period beginning on the effective date specified in

13 paragraph (1), the head of an agency may waive the

14 requirement in subsection (b) of section 2383 of title

15 10, United States Code, as amended by subsection (a)

16 of this section, with regard to a specific function on

17 a particular program upon a written determination

18 by the head of the agency that a properly qualified

19 full-time Federal military or civilian employee can20 not reasonably be made available to perform such

21 function.
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1 Subtitle B—Defense Industrial Base

2 Matters

3 SEC. 821. REMOVAL OF HAND AND MEASURING TOOLS

4 FROM CERTAIN REQUIREMENTS.

5 (a) IN GENERAL.—Subsection (b) of section 2533a of

6 title 10, United States Code, is amended by striking para7 graph (3).

8 (b) CONFORMING AMENDMENT.—Subsection (d) of

9 such section is amended by striking ‘‘(b)(1)(A), (b)(2), or

10 (b)(3)’’ each place it appears and inserting ‘‘(b)(1)(A) or

11 (b)(2)’’.

12 SEC. 822. APPLICABILITY OF CERTAIN REQUIREMENTS RE13 GARDING SPECIALTY METALS.

14 (a) EXEMPTION FOR CERTAIN COMMERCIAL ITEMS.—

15 Subsection (i) of section 2533a of title 10, United States

16 Code, is amended—

17 (1) by inserting ‘‘, DUAL-USE ITEMS, AND ELEC18 TRONIC COMPONENTS’’ after ‘‘COMMERCIAL ITEMS’’;

19 (2) by inserting ‘‘(1)’’ before ‘‘this section’’;

20 (3) in paragraph (1), as so designated, by insert21 ing ‘‘described in subsection (b)(1)’’ after ‘‘commercial

22 items’’; and

23 (4) by adding at the end the following new para24 graphs:

25 ‘‘(2) This section is not applicable to—
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1 ‘‘(A) a contract or subcontract for the procure2 ment of a commercial item containing specialty met3 als described in subsections (b)(2) and (b)(3); or

4 ‘‘(B) specialty metals that are incorporated into

5 an electronic component, where the value of the spe6 cialty metal used in the component is de minimis in

7 relation to the value of the electronic component.

8 ‘‘(3) For purposes of paragraph (2)(A), a commercial

9 item does not include—

10 ‘‘(A) any item that contains noncommercial

11 modifications that cost or are expected to cost, in the

12 aggregate, more than 5 percent of the total price of

13 such item;

14 ‘‘(B) any item that would not be considered to

15 be a commercial item, but for sales to government en16 tities or inclusion in items that are sold to govern17 ment entities;

18 ‘‘(C) forgings or castings for military unique end

19 items;

20 ‘‘(D) fasteners other than commercial off-the-shelf

21 items (as defined in section 35(c) of the Office of Fed22 eral Procurement Policy Act (41 U.S.C. 431(c)); or

23 ‘‘(E) specialty metals.’’.

24 (b) EXCEPTION FOR CERTAIN DUAL-USE ITEMS TO

25 FACILITATE CIVIL-MILITARY INTEGRATION.—Such section
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1 is further amended by adding at the end the following new

2 subsection:

3 ‘‘(k) EXCEPTION FOR CERTAIN DUAL-USE ITEMS TO

4 FACILITATE CIVIL-MILITARY INTEGRATION.—Subsection

5 (a) does not apply to the procurement of an item from a

6 contractor or a first-tier subcontractor if the Secretary of

7 Defense or the Secretary of a military department deter8 mines that—

9 ‘‘(1) the item is or will be produced using the

10 same production facilities, a common supply chain,

11 and the same or similar production processes that are

12 used for the production of similar items delivered to

13 non-defense customers; and

14 ‘‘(2) the contractor or subcontractor has made a

15 contractual commitment to purchase a quality, grade,

16 and amount of domestically-melted specialty metals

17 for use by the purchaser during the period of contract

18 performance in the production of the item and other

19 similar items delivered to non-defense customers that

20 is not less that the greater of—

21 ‘‘(A) the amount of specialty metals that is

22 purchased by the contractor for use in the item

23 delivered to the Department of Defense; or

24 ‘‘(B) 40 percent of the amount of specialty

25 metals purchased by the contractor or subcon-
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1 tractor for use during such period in the produc2 tion of the item and similar items delivered to

3 non-defense contractors.’’.

4 (c) DE MINIMIS STANDARD FOR SPECIALTY MET5 ALS.—Such section is further amended by adding at the

6 end the following new subsection:

7 ‘‘(l) MINIMUM THRESHOLD FOR SPECIALTY MET8 ALS.—Notwithstanding the requirements of subsection (a),

9 the Secretary of Defense or the Secretary of a military de10 partment may accept delivery of an item containing spe11 cialty metals that were not grown, reprocessed, reused, or

12 produced in the United States if the total amount of non13 compliant specialty metals in the item does not exceed 2

14 percent of the total amount of specialty metals in the item.’’.

15 (d) EFFECTIVE DATE.—

16 (1) IN GENERAL.—The amendments made by

17 subsections (a) and (c) shall take effect on the date of

18 the enactment of this Act, and shall apply with re19 spect to items accepted for delivery on or after that

20 date.

21 (2) CIVIL-MILITARY INTEGRATION.—The amend22 ment made by subsection (b) shall take effect on the

23 date of the enactment of this Act, and shall apply to

24 contracts entered into on or after that date.
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1 SEC. 823. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR

2 CONTENT REQUIREMENTS.

3 (a) AUTHORITY.—Subchapter V of chapter 148 of title

4 10, United States Code, is amended by adding at the end

5 the following new section:

6 ‘‘§ 2539c. Waiver of domestic source or content re7 quirements

8 ‘‘(a) AUTHORITY.—Except as provided in subsection

9 (f), the Secretary of Defense may waive the application of

10 any domestic source requirement or domestic content re11 quirement referred to in subsection (b) and thereby author12 ize the procurement of items that are grown, reprocessed,

13 reused, produced, or manufactured—

14 ‘‘(1) in a foreign country that has a Declaration

15 of Principles with the United States;

16 ‘‘(2) in a foreign country that has a Declaration

17 of Principles with the United States substantially

18 from components and materials grown, reprocessed,

19 reused, produced, or manufactured in the United

20 States or any foreign country that has a Declaration

21 of Principles with the United States; or

22 ‘‘(3) in the United States substantially from

23 components and materials grown, reprocessed, reused,

24 produced, or manufactured in the United States or

25 any foreign country that has a Declaration of Prin26 ciples with the United States.
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1 ‘‘(b) COVERED REQUIREMENTS.—For purposes of this

2 section:

3 ‘‘(1) A domestic source requirement is any re4 quirement under law that the Department of Defense

5 satisfy its requirements for an item by procuring an

6 item that is grown, reprocessed, reused, produced, or

7 manufactured in the United States or by a manufac8 turer that is a part of the national technology and in9 dustrial base (as defined in section 2500(1) of this

10 title).

11 ‘‘(2) A domestic content requirement is any re12 quirement under law that the Department of Defense

13 satisfy its requirements for an item by procuring an

14 item produced or manufactured partly or wholly from

15 components and materials grown, reprocessed, reused,

16 produced, or manufactured in the United States.

17 ‘‘(c) APPLICABILITY.—The authority of the Secretary

18 to waive the application of a domestic source or content

19 requirements under subsection (a) applies to the procure20 ment of items for which the Secretary of Defense determines

21 that—

22 ‘‘(1) application of the requirement would im23 pede the reciprocal procurement of defense items

24 under a Declaration of Principles with the United

25 States; and
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1 ‘‘(2) such country does not discriminate against

2 defense items produced in the United States to a

3 greater degree than the United States discriminates

4 against defense items produced in that country.

5 ‘‘(d) LIMITATION ON DELEGATION.—The authority of

6 the Secretary to waive the application of domestic source

7 or content requirements under subsection (a) may not be

8 delegated to any officer or employee other than the Under

9 Secretary of Defense for Acquisition, Technology, and Lo10 gistics.

11 ‘‘(e) CONSULTATIONS.—The Secretary may grant a

12 waiver of the application of a domestic source or content

13 requirement under subsection (a) only after consultation

14 with the United States Trade Representative, the Secretary

15 of Commerce, and the Secretary of State.

16 ‘‘(f) LAWS NOT WAIVABLE.—The Secretary of Defense

17 may not exercise the authority under subsection (a) to

18 waive any domestic source or content requirement con19 tained in any of the following laws:

20 ‘‘(1) The Small Business Act (15 U.S.C. 631 et

21 seq.).

22 ‘‘(2) The Javits-Wagner-O’Day Act (41 U.S.C.

23 46 et seq.).

24 ‘‘(3) Sections 7309 and 7310 of this title.

25 ‘‘(4) Section 2533a of this title.
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1 ‘‘(g) RELATIONSHIP TO OTHER WAIVER AUTHOR2 ITY.—The authority under subsection (a) to waive a domes3 tic source requirement or domestic content requirement is

4 in addition to any other authority to waive such require5 ment.

6 ‘‘(h) CLARIFICATION OF RELATIONSHIP WITH BUY

7 AMERICAN ACT.—Nothing in this section shall be construed

8 to alter in any way the applicability of the Buy American

9 Act (41 U.S.C. 10a), or the authority of the Secretary of

10 Defense to waive the requirements of such Act, with respect

11 to the procurement of any item to which such Act would

12 apply without regard to this section.

13 ‘‘(i) CONSTRUCTION WITH RESPECT TO LATER EN14 ACTED LAWS.—This section may not be construed as being

15 inapplicable to a domestic source requirement or domestic

16 content requirement that is set forth in a law enacted after

17 the enactment of this section solely on the basis of the later

18 enactment.

19 ‘‘(j) DECLARATION OF PRINCIPLES.—(1) In this sec20 tion, the term ‘Declaration of Principles’ means a written

21 understanding (including any Statement of Principles) be22 tween the Department of Defense and its counterpart in a

23 foreign country signifying a cooperative relationship be24 tween the Department and its counterpart to standardize

25 or make interoperable defense equipment used by the armed
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1 forces and the armed forces of the foreign country across

2 a broad spectrum of defense activities, including—

3 ‘‘(A) harmonization of military requirements

4 and acquisition processes;

5 ‘‘(B) security of supply;

6 ‘‘(C) export procedures;

7 ‘‘(D) security of information;

8 ‘‘(E) ownership and corporate governance;

9 ‘‘(F) research and development;

10 ‘‘(G) flow of technical information; and

11 ‘‘(H) defense trade.

12 ‘‘(2) A Declaration of Principles is underpinned by a

13 memorandum of understanding or other agreement pro14 viding for the reciprocal procurement of defense items be15 tween the United States and the foreign country concerned

16 without unfair discrimination in accordance with section

17 2531 of this title.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections at

19 the beginning of such subchapter is amended by inserting

20 after the item relating to section 2539b the following new

21 item:

‘‘2539c. Waiver of domestic source or content requirements.’’.
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1 SEC. 824. REPEAL OF REQUIREMENT FOR IDENTIFICATION

2 OF ESSENTIAL MILITARY ITEMS AND MILI3 TARY SYSTEM ESSENTIAL ITEM BREAKOUT

4 LIST.

5 Section 813 of the National Defense Authorization Act

6 for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1543)

7 is repealed.

8 SEC. 825. CONSISTENCY WITH UNITED STATES OBLIGA9 TIONS UNDER TRADE AGREEMENTS.

10 No provision of this Act or any amendment made by

11 this Act shall apply to a procurement by or for the Depart12 ment of Defense to the extent that the Secretary of Defense,

13 in consultation with the Secretary of Commerce, the United

14 States Trade Representative, and the Secretary of State, de15 termines that it is inconsistent with United States obliga16 tions under a trade agreement.

17 Subtitle C—Defense Contractor

18 Matters

19 SEC. 841. REQUIREMENTS FOR DEFENSE CONTRACTORS RE20 LATING TO CERTAIN FORMER DEPARTMENT

21 OF DEFENSE OFFICIALS.

22 (a) REQUIREMENTS.—

23 (1) IN GENERAL.—Chapter 141 of title 10,

24 United States Code, is amended by adding at the end

25 the following new section:
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1 ‘‘§ 2410p. Defense contractors: requirements con2 cerning former Department of Defense of3 ficials

4 ‘‘(a) IN GENERAL.—Each contract for the procurement

5 of goods or services in excess of $10,000,000, other than a

6 contract for the procurement of commercial items, that is

7 entered into by the Department of Defense shall include a

8 provision under which the contractor agrees to submit to

9 the Secretary of Defense, not later than April 1 of each year

10 such contract is in effect, a written report setting forth the

11 information required by subsection (b).

12 ‘‘(b) REPORT INFORMATION.—Except as provided in

13 subsection (c), a report by a contractor under subsection

14 (a) shall—

15 ‘‘(1) list the name of each person who—

16 ‘‘(A) is a former officer or employee of the

17 Department of Defense or a former or retired

18 member of the armed forces who served—

19 ‘‘(i) in an Executive Schedule position

20 under subchapter II of chapter 53 of title 5;

21 ‘‘(ii) in a position in the Senior Exec22 utive Service under subchapter VIII of

23 chapter 53 of title 5;

24 ‘‘(iii) in a general or flag officer posi25 tion compensated at a rate of pay for grade
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1 0–7 or above under section 201 of title 37;

2 or

3 ‘‘(iv) as a program manager, deputy

4 program manager, procuring contracting

5 officer, administrative contracting officer,

6 source selection authority, member of the

7 source selection evaluation board, or chief of

8 a financial or technical evaluation team for

9 a contract with a value in excess of

10 $10,000,000; and

11 ‘‘(B) during the preceding calendar year

12 was provided compensation by the contractor, if

13 such compensation was first provided by the con14 tractor not more than two years after such offi15 cer, employee, or member left service in the De16 partment of Defense; and

17 ‘‘(2) in the case of each person listed under para18 graph (1)—

19 ‘‘(A) identify the agency in which such per20 son was employed or served on active duty dur21 ing the last two years of such person’s service

22 with the Department of Defense;

23 ‘‘(B) state such person’s job title and iden24 tify each major defense system, if any, on which

25 such person performed any work with the De-
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1 partment of Defense during the last two years of

2 such person’s service with the Department; and

3 ‘‘(C) state such person’s current job title

4 with the contractor and identify each major de5 fense system on which such person has performed

6 any work on behalf of the contractor.

7 ‘‘(c) DUPLICATE INFORMATION NOT REQUIRED.—An

8 annual report submitted by a contractor pursuant to sub9 section (b) need not provide information with respect to any

10 former officer or employee of the Department of Defense or

11 former or retired member of the armed forces if such infor12 mation has already been provided in a previous annual re13 port filed by such contractor under this section.’’.

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 141 of such title is

16 amended by adding at the end the following new item:

‘‘2410p. Defense contractors: requirements concerning former Department of Defense officials.’’.

17 (b) EFFECTIVE DATE.—The amendments made by sub18 section (a) shall take effect on the date of the enactment

19 of this Act, and shall apply with respect to contracts entered

20 into on or after that date.

21 SEC. 842. LEAD SYSTEMS INTEGRATORS.

22 (a) LIMITATIONS ON CONTRACTORS ACTING AS LEAD

23 SYSTEMS INTEGRATORS.—
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1 (1) IN GENERAL.—Chapter 141 of title 10,

2 United States Code, as amended by section 841(a)(1)

3 of this Act, is further amended by adding at the end

4 the following new section:

5 ‘‘§ 2410q. Contracts: limitations on lead systems inte6 grators

7 ‘‘(a) IN GENERAL.—Except as provided in subsection

8 (b), no contractor performing any inherently governmental

9 functions, or functions closely associated with inherently

10 governmental functions, relating to the acquisition, engi11 neering, structuring, planning, integration, management,

12 or control of a system of systems, regardless of whether or

13 not such contractor is expressly designated as a so-called

14 ‘lead systems integrator’, may have any financial interest

15 in the development or construction of any individual system

16 or element of such system of systems.

17 ‘‘(b) EXCEPTION.—A contractor described in sub18 section (a) may have a financial interest in the development

19 or construction of an individual system or element of a sys20 tem of systems if the Secretary of Defense certifies to the

21 congressional defense committees that—

22 ‘‘(1) the contractor is the preferred best of indus23 try supplier of the system or element concerned; and

24 ‘‘(2) the contractor was selected to develop or

25 construct the system or element concerned only after
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1 a formal competition for such system or element con2 ducted by the Department of Defense in which the

3 contractor participated only as a respondent to the

4 request for proposal (RFP) under the competition.

5 ‘‘(c) CONSTRUCTION.—Nothing in this section shall be

6 construed to preclude a contractor described in subsection

7 (a) from performing work necessary to integrate two or

8 more individual systems or elements of a system of systems

9 with each other.

10 ‘‘(d) DEFINITIONS.—In this section:

11 ‘‘(1) The term ‘best of industry’, with respect to

12 the development or construction of a system or ele13 ment by a contractor, means that the contractor pro14 vides the Government any of the following in the de15 velopment or construction of the system or element for

16 the Government:

17 ‘‘(A) Best overall value.

18 ‘‘(B) Best technology.

19 ‘‘(C) Best capability.

20 ‘‘(D) Best availability.

21 ‘‘(2) The term ‘functions closely associated with

22 inherently governmental functions’ has the meaning

23 given such term in section 2383(b)(3) of this title.
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1 ‘‘(3) The term ‘inherently governmental func2 tions’ has the meaning given such term in section

3 2383(b)(2) of this title.

4 ‘‘(4) The term ‘system of systems’ means a set of

5 interdependent systems, including one or more major

6 weapon systems, that are related to provide a given

7 capability and in which the loss of any one would

8 significantly degrade the performance or capabilities

9 of the set of systems as a whole.’’.

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 141 of such title, as

12 amended by section 841(a)(2) of this Act, is further

13 amended by adding at the end the following new item:

‘‘2410q. Contracts: limitations on lead systems integrators.’’.

14 (3) EFFECTIVE DATE.—The amendments made

15 by subsection (a) shall take effect on the date of the

16 enactment of this Act, and shall apply with respect to

17 contracts entered into on or after that date.

18 (b) UPDATE OF REGULATIONS ON LEAD SYSTEMS IN19 TEGRATORS.—Not later than December 31, 2006, the Sec20 retary of Defense shall update the acquisition regulations

21 of the Department of Defense in order to specify fully in

22 such regulations the matters with respect to lead systems

23 integrators set forth in section 805(b) of the National De24 fense Authorization for Fiscal Year 2006 (Public Law 109–

25 163; 119 Stat. 3372).
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1 (c) DEFINITION OF LEAD SYSTEMS INTEGRATOR.—

2 (1) DEFINITION REQUIRED.—The Secretary of

3 Defense shall include in the report required by section

4 805 of the National Defense Authorization for Fiscal

5 Year 2006 a precise and comprehensive definition of

6 the term ‘‘lead systems integrator’’, as that term is

7 utilized in such section.

8 (2) MATTERS TO BE ADDRESSED.—In defining

9 the term ‘‘lead systems integrator’’ under paragraph

10 (1), the Secretary shall take into account the fol11 lowing:

12 (A) The importance of lead systems integra13 tors in the production, fielding, and sustainment

14 of complex systems, including their role in ad15 dressing increases in cost, the evolution of inter16 operability requirements, and the maintenance

17 and sustainment of critical capabilities.

18 (B) The unique engineering and integration

19 skills of lead systems integrators.

20 (C) The management and organizational

21 skills and capabilities of lead systems integra22 tors, including the capacity of lead systems inte23 grators to facilitate the participation of small

24 and disadvantaged businesses in the production,

25 fielding, and sustainment of complex systems.
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1 (d) CONTRACT TYPES AND FEE STRUCTURES.—The

2 Secretary of Defense shall include in the report required by

3 section 805 of the National Defense Authorization for Fiscal

4 Year 2006 a specification of various types of contracts and

5 fee structures, including award and incentive fees, that are

6 appropriate for use by lead systems integrators in the pro7 duction, fielding, and sustainment of complex systems.

8 SEC. 843. LINKING OF AWARD AND INCENTIVE FEES TO AC9 QUISITION OUTCOMES.

10 (a) GUIDANCE ON LINKING OF AWARD AND INCENTIVE

11 FEES TO ACQUISITION OUTCOMES.—Not later than 180

12 days after the date of the enactment of this Act, the Sec13 retary of Defense shall issue guidance, with detailed imple14 mentation instructions (including definitions), for the De15 partment of Defense on the appropriate use of award and

16 incentive fees in Department of Defense acquisition pro17 grams.

18 (b) ELEMENTS.—The guidance under subsection (a)

19 shall—

20 (1) ensure that all new contracts using award

21 fees link such fees to acquisition outcomes (which shall

22 be defined in terms of program cost, schedule, and

23 performance);

24 (2) provide guidance on the circumstances in

25 which contractor performance may be judged to be
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1 ‘‘excellent’’ or ‘‘superior’’ and the percentage of the

2 available award fee which contractors should be paid

3 for such performance;

4 (3) establish standards for determining the per5 centage of the available award fee, if any, which con6 tractors should be paid for performance that is judged

7 to be ‘‘acceptable’’, ‘‘average’’, ‘‘expected’’, ‘‘good’’, or

8 ‘‘satisfactory’’;

9 (4) ensure that no award fee may be paid for

10 contractor performance that is judged to be below-sat11 isfactory performance or performance that does not

12 meet the basic requirements of the contract;

13 (5) provide specific direction on the cir14 cumstances, if any, in which it may be appropriate

15 to roll over award fees that are not earned in one

16 award fee period to a subsequent award fee period or

17 periods;

18 (6) ensure that the Department of Defense—

19 (A) collects relevant data on award and in20 centive fees paid to contractors; and

21 (B) has mechanisms in place to evaluate

22 such data on a regular basis;

23 (7) include performance measures to evaluate the

24 effectiveness of award and incentive fees as a tool for
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1 improving contractor performance and achieving de2 sired program outcomes; and

3 (8) provide mechanisms for sharing proven in4 centive strategies for the acquisition of different types

5 of products and services among contracting and pro6 gram management officials.

7 (c) ASSESSMENT OF INDEPENDENT EVALUATION

8 MECHANISMS.—

9 (1) IN GENERAL.—The Secretary of Defense shall

10 select a federally-funded research and development

11 center to assess various mechanisms that could be

12 used to ensure an independent evaluation of con13 tractor performance for the purpose of making deter14 minations applicable to the judging and payment of

15 award fees.

16 (2) CONSIDERATIONS.—The assessment con17 ducted pursuant to paragraph (1) shall include con18 sideration of the advantages and disadvantages of a

19 system in which award fees are—

20 (A) held in a separate fund or funds of the

21 Department of Defense; and

22 (B) allocated to a specific program only

23 upon a determination by an independent board,

24 charged with comparing contractor performance
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1 across programs, that such fees have been earned

2 by the contractor for such program.

3 (3) REPORT.—The Secretary shall submit to the

4 congressional defense committees a report on the as5 sessment conducted pursuant to paragraph (1) not

6 later than one year after the date of the enactment of

7 this Act.

8 SEC. 844. PROHIBITION ON EXCESSIVE PASS-THROUGH

9 CHARGES.

10 (a) REGULATIONS REQUIRED.—Not later than 120

11 days after the date of the enactment of this Act, the Sec12 retary of Defense shall prescribe regulations prohibiting ex13 cessive pass-through charges on contracts or subcontracts (or

14 task or delivery orders) that are entered into for or on behalf

15 of the Department of Defense that are in excess of the sim16 plified acquisition threshold, as specified in section 4(11)

17 of the Office of Federal Procurement Policy Act (41 U.S.C.

18 403(11)).

19 (b) SCOPE OF REGULATIONS.—The regulations pre20 scribed under this section shall not apply to any firm, fixed21 price contract or subcontract (or task or delivery order) that

22 is—

23 (1) awarded on the basis of adequate price com24 petition; or
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1 (2) for the acquisition of a commercial item, as

2 defined in section 4(12) of the Office of Federal Pro3 curement Policy Act (41 U.S.C. 403(12)).

4 (c) DEFINITIONS.—In this section:

5 (1) The term ‘‘excessive pass-through charge’’

6 means a charge by a covered contractor or subcon7 tractor for overhead or profit on work performed by

8 a covered lower-tier contractor (other than charges for

9 the direct costs of managing lower-tier contracts and

10 overhead and profit based on such direct costs).

11 (2) The term ‘‘covered contractor’’ means the fol12 lowing:

13 (A) A contractor that assigns work account14 ing for more than 90 percent of the cost of con15 tract performance (not including overhead or

16 profit) to subcontractors.

17 (B) In the case of a contract providing for

18 the development or production of more than one

19 weapon system, a contractor that assigns work

20 accounting for more than 90 percent of the cost

21 of contract performance (not including overhead

22 or profit) for any particular weapon system

23 under such contract to subcontractors.

24 (3) The term ‘‘covered lower-tier contractor’’

25 means the following:
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1 (A) With respect to a covered contractor de2 scribed by paragraph (2)(A) in a contract, any

3 lower-tier subcontractor under such contract.

4 (B) With respect to a covered contractor de5 scribed by paragraph (2)(B) in a contract, any

6 lower-tier subcontractor on a weapon system

7 under such contract for which such covered con8 tractor has assigned work accounting for more

9 than 90 percent of the cost of contract perform10 ance (not including overhead or profit).

11 (d) EFFECTIVE DATE.—The regulations prescribed

12 under this section shall apply to contracts awarded for or

13 on behalf of the Department of Defense on or after the date

14 that is 120 days after the date of the enactment of this Act.

15 SEC. 845. REPORT ON DEPARTMENT OF DEFENSE CON16 TRACTING WITH CONTRACTORS OR SUB17 CONTRACTORS EMPLOYING MEMBERS OF

18 THE SELECTIVE RESERVE.

19 (a) STUDY REQUIRED.—The Secretary of Defense shall

20 conduct a study on contracting with the Department of De21 fense by actual and potential contractors and subcontrac22 tors of the Department who employ members of the Selected

23 Reserve of the reserve components of the Armed Forces.

24 (b) ELEMENTS.—The study required by subsection (a)

25 shall address the following:
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1 (1) The extent to which actual and potential con2 tractors and subcontractors of the Department, in3 cluding small businesses, employ members of the Se4 lective Reserve.

5 (2) The extent to which actual and potential con6 tractors and subcontractors of the Department have

7 been or are likely to be disadvantaged in the perform8 ance of contracts with the Department, or in competi9 tion for new contracts with the Department, when

10 employees who are such members are mobilized as

11 part of a United States military operation overseas.

12 (3) Any actions that, in the view of the Sec13 retary, should be taken to address any such disadvan14 tage, including—

15 (A) the extension of additional time for the

16 performance of contracts to contractors and sub17 contractors of Department who employ members

18 of the Selected Reserve who are mobilized as part

19 of a United States military operation overseas;

20 and

21 (B) the provision of assistance in forming

22 contracting relationships with other entities to

23 ameliorate the temporary loss of qualified per24 sonnel.
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1 (c) REPORT.—Not later than one year after the date

2 of the enactment of this Act, the Secretary shall submit to

3 Congress a report on the study required by this section. The

4 report shall set forth the findings and recommendations of

5 the Secretary as a result of the study.

6 (d) REPEAL OF SUPERSEDED AUTHORITY.—Section

7 819 of the National Defense Authorization Act for Fiscal

8 Year 2006 (Public Law 109–163; 119 Stat. 3385; 10 U.S.C.

9 2305 note) is repealed.

10 Subtitle D—Program Manager

11 Matters

12 SEC. 861. PROGRAM MANAGER EMPOWERMENT AND AC13 COUNTABILITY.

14 (a) STRATEGY.—The Secretary of Defense shall develop

15 a comprehensive strategy for enhancing the role of Depart16 ment of Defense program managers in developing and car17 rying out defense acquisition programs.

18 (b) MATTERS TO BE ADDRESSED.—The strategy re19 quired by this section shall address, at a minimum—

20 (1) enhanced training and educational opportu21 nities for program managers;

22 (2) increased emphasis on the mentoring of cur23 rent and future program managers by experienced

24 senior executives and program managers within the

25 Department;
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1 (3) improved career paths and career opportuni2 ties for program managers;

3 (4) additional incentives for the recruitment and

4 retention of highly qualified individuals to serve as

5 program managers;

6 (5) improved resources and support (including

7 systems engineering expertise, cost estimating exper8 tise, and software development expertise) for program

9 managers;

10 (6) improved means of collecting and dissemi11 nating best practices and lessons learned to enhance

12 program management across the Department;

13 (7) common templates and tools to support im14 proved data gathering and analysis for program

15 management and oversight purposes;

16 (8) increased accountability of program man17 agers for the results of defense acquisition programs;

18 and

19 (9) enhanced monetary and nonmonetary

20 awards for successful accomplishment of program ob21 jectives by program managers.

22 (c) REPORT.—Not later than 180 days after the date

23 of the enactment of this Act, the Secretary shall submit to

24 the congressional defense committees a report on the strat25 egy developed pursuant to this section.
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1 SEC. 862. TENURE AND ACCOUNTABILITY OF PROGRAM

2 MANAGERS FOR PROGRAM DEVELOPMENT

3 PERIODS.

4 (a) REVISED GUIDANCE REQUIRED.—Not later than

5 180 days after the date of the enactment of this Act, the

6 Secretary of Defense shall revise Department of Defense

7 guidance for defense acquisition programs to address the

8 tenure and accountability of program managers for the pro9 gram development period of defense acquisition programs.

10 (b) PROGRAM DEVELOPMENT PERIOD.—For the pur11 pose of this section, the term ‘‘program development period’’

12 refers to the period before a decision on Milestone B ap13 proval (or Key Decision Point B approval in the case of

14 a space program).

15 (c) RESPONSIBILITIES.—The revised guidance re16 quired by subsection (a) shall provide that the program

17 manager for the program development period of a defense

18 acquisition program is responsible for—

19 (1) bringing to maturity the technologies and

20 manufacturing processes that will be needed to carry

21 out such program;

22 (2) ensuring continuing focus during program

23 development on meeting stated mission requirements

24 and other requirements of the Department of Defense;
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1 (3) making trade-offs between program cost,

2 schedule and performance for the life-cycle of such

3 program;

4 (4) developing a business case for such program;

5 and

6 (5) ensuring that appropriate information is

7 available to the milestone decision authority to make

8 a decision on Milestone B approval (or Key Decision

9 Point B approval in the case of a space program), in10 cluding information necessary to make the certifi11 cation required by section 2366a of title 10, United

12 States Code.

13 (d) QUALIFICATIONS, RESOURCES, AND TENURE.—

14 The Secretary shall ensure that each program manager for

15 the program development period of a defense acquisition

16 program—

17 (1) has the appropriate management, engineer18 ing, technical, and financial expertise needed to meet

19 the responsibilities assigned pursuant to subsection

20 (c);

21 (2) is provided the resources and support (in22 cluding systems engineering expertise, cost estimating

23 expertise, and software development expertise) needed

24 to meet such responsibilities; and
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1 (3) is assigned to the program manager position

2 for such program until such time as such program is

3 ready for a decision on Milestone B approval (or Key

4 Decision Point B approval in the case of a space pro5 gram).

6 SEC. 863. TENURE AND ACCOUNTABILITY OF PROGRAM

7 MANAGERS FOR PROGRAM EXECUTION PERI8 ODS.

9 (a) REVISED GUIDANCE REQUIRED.—Not later than

10 180 days after the date of the enactment of this Act, the

11 Secretary of Defense shall revise Department of Defense

12 guidance for defense acquisition programs to address the

13 tenure and accountability of program managers for the pro14 gram execution period of defense acquisition programs.

15 (b) PROGRAM EXECUTION PERIOD.—For the purpose

16 of this section, the term ‘‘program execution period’’ refers

17 to the period after Milestone B approval (or Key Decision

18 Point B approval in the case of a space program).

19 (c) RESPONSIBILITIES.—The revised guidance re20 quired by subsection (a) shall—

21 (1) require the program manager for the pro22 gram execution period of a defense acquisition pro23 gram to enter into a performance agreement with the

24 milestone decision authority for such program within

25 six months of assignment, that—
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1 (A) establishes expected parameters for the

2 cost, schedule, and performance of such program

3 consistent with the business case for such pro4 gram;

5 (B) provides the commitment of the mile6 stone decision authority to provide the level

7 funding and resources required to meet such pa8 rameters; and

9 (C) provides the assurance of the program

10 manager that such parameters are achievable

11 and that such program manager will be account12 able for meeting such parameters; and

13 (2) provide the program manager with the au14 thority to—

15 (A) veto the addition of new program re16 quirements that would be inconsistent with the

17 parameters established in the performance agree18 ment entered pursuant to paragraph (1);

19 (B) make trade-offs between cost, schedule

20 and performance, provided that such trade-offs

21 are consistent with the parameters established in

22 the performance agreement entered pursuant to

23 paragraph (1);

24 (C) redirect funding within such program,

25 to the extent necessary to achieve the parameters
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1 established in the performance agreement entered

2 pursuant to paragraph (1);

3 (D) develop such interim goals and mile4 stones as may be required to achieve the param5 eters established in the performance agreement

6 entered pursuant to paragraph (1); and

7 (E) use program funds to recruit and hire

8 such technical experts as may be required to

9 carry out such program, if necessary expertise is

10 not otherwise provided by the Department of De11 fense.

12 (d) QUALIFICATIONS, RESOURCES, AND TENURE.—

13 The Secretary shall ensure that each program manager for

14 the program execution period of a defense acquisition

15 program—

16 (1) has the appropriate management, engineer17 ing, technical, and financial expertise needed to meet

18 the responsibilities assigned pursuant to subsection

19 (c);

20 (2) is provided the resources and support (in21 cluding systems engineering expertise, cost estimating

22 expertise, and software development expertise) needed

23 to meet such responsibilities; and

24 (3) is assigned to the program manager position

25 for such program at the time of Milestone B approval
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1 (or Key Decision Point B approval in the case of a

2 space program) and continues in such position until

3 the delivery of the first production units of such pro4 gram.

5 (e) LIMITED WAIVER AUTHORITY.—The Secretary

6 may waive the requirement in subsection (d)(3) that a pro7 gram manager for the program execution period of a defense

8 acquisition program serve in that position until the deliv9 ery of the first production units of such program upon sub10 mitting to the congressional defense committees a written

11 determination that—

12 (1) such program is so complex, and the delivery

13 of the first production units will take so long, that it

14 would not be feasible for a single individual to serve

15 as program manager for the entire period covered by

16 such subsection; and

17 (2) the complexity of such program, and length

18 of time that will be required to deliver the first pro19 duction units, are not the result of a failure to meet

20 the certification requirements established in section

21 2366a of title 10, United States Code.

22 SEC. 864. DEPARTMENT OF DEFENSE PLAN FOR CONTIN23 GENCY PROGRAM MANAGEMENT.

24 (a) REQUIREMENT.—Not later than one year after the

25 date of the enactment of this Act, the Secretary of Defense
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1 shall develop a plan for the Department of Defense for con2 tingency program management during combat operations

3 and post-conflict operations.

4 (b) MATTERS TO BE COVERED.—The plan of the De5 partment of Defense for contingency program management

6 required by subsection (a) shall, at a minimum, provide

7 for—

8 (1) the designation of a senior executive service

9 official on the Joint Staff with the responsibility for

10 administering the plan;

11 (2) the assignment of a senior commissioned offi12 cer of the Armed Forces with appropriate program

13 management experience and qualifications to act as

14 head of contingency program management during

15 combat operations, post-conflict operations, and con16 tingency operations, who shall report directly to the

17 commander of the combatant command in whose area

18 of responsibility the operations occur;

19 (3) a preplanned organizational structure for

20 contingency program management that is designed to

21 ensure that the Department is prepared to conduct

22 contingency program management during combat op23 erations and post-conflict operations, including ad24 vance planning for—
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1 (A) unified, agile program management

2 processes and procedures for an interagency and

3 coalition environment;

4 (B) standardized joint contract mechanisms

5 with clearly defined metrics;

6 (C) continuity of program and project man7 agement;

8 (D) identification of a deployable cadre of

9 experts, trained in processes required under

10 paragraph (4);

11 (E) required information technology re12 sources and reliable, interoperable connections

13 and communications; and

14 (F) coordination of program management

15 operations with the activities of commanders in

16 the field;

17 (4) a requirement for the development of a train18 ing program for contingency program management,

19 including—

20 (A) comprehension of program management

21 that focuses on cost, scope, schedule, success

22 metrices, project oversight, and resource bal23 ancing;

24 (B) contracting options and rules;
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1 (C) procedures for the Department on fund2 ing, accountability and component and partner

3 responsibilities; and

4 (D) effective communications and rules for

5 coordination with commanders in the field; and

6 (5) a requirement for identification of hiring

7 and appointment authorities for rapid deployment of

8 personnel under this section to ensure the availability

9 of key personnel for sufficient lengths of time to pro10 vide for continuing of program and project manage11 ment.

12 (c) UTILIZATION IN PLAN FOR INTERAGENCY PROCE13 DURES FOR STABILIZATION AND RECONSTRUCTION OPER14 ATIONS.—To the extent practicable, the elements of the plan

15 of the Department of Defense for contingency program man16 agement required by subsection (a) shall be taken into ac17 count in the development of the plan for the establishment

18 of interagency operating procedures for stabilization and

19 reconstruction operations required by section 1222.

20 SEC. 865. COMPTROLLER GENERAL REPORT.

21 Not later than February 1, 2007, the Comptroller Gen22 eral of the United States shall submit to the congressional

23 defense committees a report on the actions taken by the Sec24 retary of Defense to comply with the requirements of this

25 subtitle. The report shall include a description of such ac-
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1 tions and an assessment by the Comptroller General of the

2 effectiveness of such actions in meeting such requirements.

3 Subtitle E—Other Matters

4 SEC. 871. CLARIFICATION OF AUTHORITY TO CARRY OUT

5 CERTAIN PROTOTYPE PROJECTS.

6 Section 845(a) of the National Defense Authorization

7 Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is

8 amended—

9 (1) in paragraph (2)(A), by inserting ‘‘or, for a

10 defense agency, the director of the defense agency’’

11 after ‘‘(41 U.S.C. 414(c))’’; and

12 (2) in paragraph (3), by inserting ‘‘or director

13 of a defense agency’’ after ‘‘executive’’.

14 SEC. 872. ONE-YEAR EXTENSION OF SPECIAL TEMPORARY

15 CONTRACT CLOSEOUT AUTHORITY.

16 Section 804(d) of the National Defense Authorization

17 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat.

18 1542) is amended by striking ‘‘September 30, 2006’’ and

19 inserting ‘‘September 30, 2007’’.

20 SEC. 873. ONE-YEAR EXTENSION OF INAPPLICABILITY OF

21 CERTAIN LAWS TO CONTRACTING WITH EM22 PLOYERS OF PERSONS WITH DISABILITIES.

23 Subsections (a)(2)(A) and (b)(2)(A) of the Ronald W.

24 Reagan National Defense Authorization Act for Fiscal Year

25 2005 (Public Law 108–375; 118 Stat. 2021), as amended
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1 by section 848(a) of the National Defense Authorization Act

2 for Fiscal Year 2006 (Public Law 109–163; 119 Stat.

3 3395), are each further amended by striking ‘‘2006’’ and

4 inserting ‘‘2007’’.

5 SEC. 874. PILOT PROGRAM ON EXPANDED USE OF MENTOR6 PROTEGE AUTHORITY.

7 (a) PILOT PROGRAM AUTHORIZED.—The Secretary of

8 Defense may carry out a pilot program to assess the feasi9 bility and advisability of treating small business concerns

10 described in subsection (b) as disadvantaged small business

11 concerns under the Mentor-Protege Program under section

12 831 of the National Defense Authorization Act for Fiscal

13 Year 1991 (10 U.S.C. 2302 note).

14 (b) COVERED SMALL BUSINESS CONCERNS.—The

15 small business concerns described in this subsection are

16 small business concerns that—

17 (1) are participants in the Small Business Inno18 vative Research Program of the Department of De19 fense established pursuant to section 9 of the Small

20 Business Act (15 U.S.C. 638); and

21 (2) as determined by the Secretary, are devel22 oping technologies that will assist in detecting or de23 feating Improvised Explosive Devices (IEDs) or other

24 critical force protection measures.
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1 (c) TREATMENT AS DISADVANTAGED SMALL BUSINESS

2 CONCERNS.—

3 (1) IN GENERAL.—For purposes of the pilot pro4 gram, the Secretary may treat a small business con5 cern described in subsection (b) as a disadvantaged

6 small business concern under the Mentor-Protege Pro7 gram.

8 (2) MENTOR-PROTEGE AGREEMENT.—Any eligi9 ble business concerned approved for participation in

10 the Mentor-Protege Program as a mentor firm may

11 enter into a mentor-protege agreement and provide

12 assistance described in section 831 of the National

13 Defense Authorization Act for Fiscal Year 1991 with

14 respect to a small business concern treated under

15 paragraph (1) as a disadvantaged small business con16 cern under the Mentor-Protege Program.

17 (d) FUNDING.—

18 (1) IN GENERAL.—Notwithstanding the limita19 tion in section 9(f)(2) of the Small Business Act (15

20 U.S.C. 638(f)(2)), funds for any reimbursement pro21 vided to a mentor firm under section 831(g) of the

22 National Defense Authorization Act for Fiscal Year

23 1991 with respect to a small business concern de24 scribed in subsection (b) under the pilot program

25 shall be derived from funds available for the Small
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1 Business Innovative Research Program of the Depart2 ment of Defense.

3 (2) LIMITATION.—The amount available under

4 paragraph (1) for reimbursement described in that

5 paragraph may not exceed the amount equal to one

6 percent of the funds available for the Small Business

7 Innovative Research Program.

8 (e) SUNSET.—

9 (1) AGREEMENTS.—No mentor-protege agree10 ment may be entered into under the pilot program

11 after September 30, 2010.

12 (2) OTHER MATTERS.—No reimbursement may

13 be paid, and no credit toward the attainment of a

14 subcontracting goal may be granted, under the pilot

15 program after September 30, 2013.

16 (f) REPORT.—Not later than March 1, 2009, the Sec17 retary shall submit to the appropriate committees of Con18 gress a report on the pilot program. The report shall—

19 (1) describe the extent to which mentor-protege

20 agreements have been entered under the pilot pro21 gram; and

22 (2) describe and assess the technological benefits

23 arising under such agreements.

24 (g) DEFINITIONS.—In this section:
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1 (1) The term ‘‘appropriate committees of Con2 gress’’ means—

3 (A) the Committees on Armed Services, Ap4 propriations, and Small Business and Entrepre5 neurship of the Senate; and

6 (B) the Committees on Armed Services and

7 Appropriations of the House of Representatives.

8 (2) The term ‘‘small business concern’’ has the

9 meaning given that term in section 831(m)(1) of the

10 National Defense Authorization Act for Fiscal Year

11 1991.

12 TITLE IX—DEPARTMENT OF DE13 FENSE ORGANIZATION AND

14 MANAGEMENT

15 Subtitle A—Duties and Functions of

16 Department of Defense Officers

17 and Organizations

18 SEC. 901. UNITED STATES MILITARY CANCER INSTITUTE.

19 (a) ESTABLISHMENT.—Chapter 104 of title 10, United

20 States Code, is amended by adding at the end the following

21 new section:

22 ‘‘§ 2117. United States Military Cancer Institute

23 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall

24 establish in the University the United States Military Can-
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1 cer Institute. The Institute shall be established pursuant to

2 regulations prescribed by the Secretary.

3 ‘‘(b) PURPOSES.—The purposes of the Institute are as

4 follows:

5 ‘‘(1) To establish and maintain a clearinghouse

6 of data on the incidence and prevalence of cancer

7 among members and former members of the armed

8 forces.

9 ‘‘(2) To conduct research that contributes to the

10 detection or treatment of cancer among the members

11 and former members of the armed forces.

12 ‘‘(c) HEAD OF INSTITUTE.—The Director of the United

13 States Military Cancer Institute is the head of the Institute.

14 The Director shall report to the President of the University

15 regarding matters relating to the Institute.

16 ‘‘(d) ELEMENTS.—(1) The Institute is composed of

17 clinical and basic scientists in the Department of Defense

18 who have an expertise in research, patient care, and edu19 cation relating to oncology and who meet applicable criteria

20 for affiliation with the Institute.

21 ‘‘(2) The components of the Institute include military

22 treatment and research facilities that meet applicable cri23 teria and are designated as affiliates of the Institute.
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1 ‘‘(e) RESEARCH.—(1) The Director of the United

2 States Military Cancer Institute shall carry out research

3 studies on the following:

4 ‘‘(A) The epidemiological features of cancer, in5 cluding assessments of the carcinogenic effect of ge6 netic and environmental factors, and of disparities in

7 health, inherent or common among populations of

8 various ethnic origins within the members of the

9 armed forces.

10 ‘‘(B) The prevention and early detection of can11 cer among members and former members of the armed

12 forces.

13 ‘‘(C) Basic, translational, and clinical investiga14 tion matters relating to the matters described in sub15 paragraphs (A) and (B).

16 ‘‘(2) The research studies under paragraph (1) shall

17 include complementary research on oncologic nursing.

18 ‘‘(f) COLLABORATIVE RESEARCH.—The Director of the

19 United States Military Cancer Institute shall carry out the

20 research studies under subsection (e) in collaboration with

21 other cancer research organizations and entities selected by

22 the Institute for purposes of the research studies.

23 ‘‘(g) ANNUAL REPORT.—(1) Not later than November

24 1 each year, the Director of the United States Military Can25 cer Institute shall submit to the President of the University
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1 a report on the current status of the research studies being

2 carried out by the Institute under subsection (e).

3 ‘‘(2) Not later than 60 days after receiving a report

4 under paragraph (1), the President of the University shall

5 transmit such report to the Secretary of Defense and to Con6 gress.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections at

8 the beginning of chapter 104 of such title is amended by

9 adding at the end the following new item:

‘‘2117. United States Military Cancer Institute.’’.

10 SEC. 902. SENIOR ACQUISITION EXECUTIVE FOR SPECIAL

11 OPERATIONS WITHIN STAFF OF THE ASSIST12 ANT SECRETARY OF DEFENSE FOR SPECIAL

13 OPERATIONS AND LOW INTENSITY CONFLICT.

14 (a) INCLUSION WITHIN STAFF.—The staff of the As15 sistant Secretary of Defense for Special Operations and

16 Low Intensity Conflict under section 138(b)(4) of title 10,

17 United States Code, shall include a senior acquisition exec18 utive for special operations.

19 (b) DUTIES.—The senior acquisition executive within

20 the staff of the Assistant Secretary of Defense for Special

21 Operations and Low Intensity Conflict under subsection (a)

22 shall conduct policy and management oversight of the ac23 quisition activities of the Special Operations Command

24 under section 167 of title 10, United States Code, and shall
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1 have such other duties as the Assistant Secretary shall des2 ignate.

3 SEC. 903. UNITED STATES MARINE BAND AND UNITED

4 STATES MARINE DRUM AND BUGLE CORPS.

5 (a) IN GENERAL.—Section 6222 of title 10, United

6 States Code, is amended to read as follows:

7 ‘‘§ 6222. United States Marine Band; United States

8 Marine Drum and Bugle Corps: composi9 tion; appointment and promotion of mem10 bers

11 ‘‘(a) UNITED STATES MARINE BAND.—The band of the

12 Marine Corps shall be composed of one director, two assist13 ant directors, and other personnel in such numbers and

14 grades as the Secretary of the Navy determines to be nec15 essary.

16 ‘‘(b) UNITED STATES MARINE DRUM AND BUGLE

17 CORPS.—The drum and bugle corps of the Marine Corps

18 shall be composed of one commanding officer and other per19 sonnel in such numbers and grades as the Secretary of the

20 Navy determines to be necessary.

21 ‘‘(c) APPOINTMENT AND PROMOTION.—(1) The Sec22 retary of the Navy shall prescribe regulations for the ap23 pointment and promotion of members of the Marine Band

24 and members of the Marine Drum and Bugle Corps.
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1 ‘‘(2) The President may from time to time appoint

2 members of the Marine Band and members of the Marine

3 Drum and Bugle Corps to grades not above the grade of

4 captain. The authority of the President to make appoint5 ments under this paragraph may be delegated only to the

6 Secretary of Defense.

7 ‘‘(3) The President, by and with the advice and consent

8 of the Senate, may from time to time appoint any member

9 of the Marine Band or of the Marine Drum and Bugle

10 Corps to a grade above the grade of captain.

11 ‘‘(d) RETIREMENT.—Unless otherwise entitled to high12 er retired grade and retired pay, a member of the Marine

13 Band or Marine Drum and Bugle Corps who holds, or has

14 held, an appointment under this section is entitled, when

15 retired, to be retired in, and with retired pay based on,

16 the highest grade held under this section in which the Sec17 retary of the Navy determines that such member served sat18 isfactorily.

19 ‘‘(e) REVOCATION OF APPOINTMENT.—The Secretary of

20 the Navy may revoke any appointment of a member of the

21 Marine Band or Marine Drum and Bugle Corps. When a

22 member’s appointment to a commissioned grade terminates

23 under this subsection, such member is entitled, at the option

24 of such member—

25 ‘‘(1) to be discharged from the Marine Corps; or
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1 ‘‘(2) to revert to the grade and status such mem2 ber held at the time of appointment under this sec3 tion.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections at

5 the beginning of chapter 565 of such title is amended by

6 striking the item relating to section 6222 and inserting the

7 following new item:

‘‘6222. United States Marine Band; United States Marine Drum and Bugle

Corps: composition; appointment and promotion of members.’’.

8 SEC. 904. MILITARY DEPUTIES TO THE ASSISTANT SECRE9 TARIES OF THE MILITARY DEPARTMENTS FOR

10 ACQUISITION, LOGISTICS, AND TECHNOLOGY

11 MATTERS.

12 (a) DEPARTMENT OF THE ARMY.—

13 (1) ESTABLISHMENT OF POSITION.—There is

14 hereby established within the Department of the Army

15 the position of Military Deputy to the Assistant Sec16 retary of the Army for Acquisition, Logistics, and

17 Technology.

18 (2) LIEUTENANT GENERAL.—The individual

19 serving in the position of Military Deputy to the As20 sistant Secretary of the Army for Acquisition, Logis21 tics, and Technology shall be a lieutenant general of

22 the Army on active duty.

23 (3) EXCLUSION FROM GRADE AND NUMBER LIMI24 TATIONS.—An officer serving in the position of Mili-
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1 tary Deputy to the Assistant Secretary of the Army

2 for Acquisition, Logistics, and Technology shall not be

3 counted against the numbers and percentages of offi4 cers of the Army of the grade of lieutenant general.

5 (b) DEPARTMENT OF THE NAVY.—

6 (1) ESTABLISHMENT OF POSITION.—There is

7 hereby established within the Department of the Navy

8 the position of Military Deputy to the Assistant Sec9 retary of the Navy for Research, Development, and

10 Acquisition.

11 (2) VICE ADMIRAL.—The individual serving in

12 the position of Military Deputy to the Assistant Sec13 retary of the Navy for Research, Development, and

14 Acquisition shall be a vice admiral on active duty.

15 (3) EXCLUSION FROM GRADE AND NUMBER LIMI16 TATIONS.—An officer serving in the position of Mili17 tary Deputy to the Assistant Secretary of the Navy

18 for Research, Development, and Acquisition shall not

19 be counted against the numbers and percentages of of20 ficers of the grade of vice admiral.

21 (c) DEPARTMENT OF THE AIR FORCE.—

22 (1) ESTABLISHMENT OF POSITION.—There is

23 hereby established within the Department of the Air

24 Force the position of Military Deputy to the Assistant

25 Secretary of the Air Force for Acquisition.
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1 (2) LIEUTENANT GENERAL.—The individual

2 serving in the position of Military Deputy to the As3 sistant Secretary of the Air Force for Acquisition

4 shall be a lieutenant general of the Air Force on ac5 tive duty.

6 (3) EXCLUSION FROM GRADE AND NUMBER LIMI7 TATIONS.—An officer serving in the position of Mili8 tary Deputy to the Assistant Secretary of the Air

9 Force for Acquisition shall not be counted against the

10 numbers and percentages of officers of the Air Force

11 of the grade of lieutenant general.

12 Subtitle B—Space Activities

13 SEC. 911. ESTABLISHMENT OF OPERATIONALLY RESPON14 SIVE SPACE CAPABILITIES.

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

16 (1) Access to and use of space is critical for pre17 serving peace and protecting the national security,

18 commercial, and civil interests of the United States.

19 (2) Key priorities for the national security space

20 activities of the United States include improving the

21 capacity to support military operations worldwide

22 and responding to strategic military threats.

23 (3) To the maximum extent possible, space capa24 bilities should be integrated into the strategy, doc-
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1 trine, operations, and contingency plans of the Armed

2 Forces of the United States.

3 (4) The commanders of the combatant commands

4 should have access to responsive space capabilities

5 that provide prompt, focused support in their theater

6 of operations, which capabilities should compliment

7 other national and Department of Defense space as8 sets while providing direct and flexible support to the

9 warfighter on the battlefield.

10 (5) The United States Space Transportation Pol11 icy of January 6, 2005, calls for the demonstration,

12 before 2010, of an initial capability for operationally

13 responsive access to and use of space to support the

14 national security requirements of the United States.

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

16 (1) to demonstrate, acquire, and deploy an effec17 tive capability for operationally responsive space to

18 support the warfighter from space; and

19 (2) that the capability described in paragraph

20 (1) shall consist of—

21 (A) responsive satellite payloads;

22 (B) inexpensive space launch vehicles and

23 range procedures that facilitate the timely

24 launch of satellites;
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1 (C) common technical standards for satellite

2 busses; and

3 (D) a configuration of operations and com4 mand and control capabilities that permit the

5 warfighter to exploit responsive space assets for

6 combat operations.

7 (c) OPERATIONALLY RESPONSIVE SPACE HYBRID PRO8 GRAM OFFICE.—

9 (1) IN GENERAL.—The Secretary of Defense shall

10 establish within the Department of Defense an office

11 to be known as the Operationally Responsive Space

12 Hybrid Program Office (in this subsection referred to

13 as the ‘‘Office’’).

14 (2) ELEMENTS.—The Office shall consist of ele15 ments of the Department of Defense selected by the

16 Secretary from among the science and technology, ac17 quisition, and operations elements of the Department

18 having the capacity to contribute to the development

19 of capabilities for operationally responsive space.

20 Such elements shall be selected so as to achieve a bal21 anced representation of the military departments in

22 the Office in order to ensure proper acknowledgment

23 of joint considerations in the activities of the Office.
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1 (3) ORGANIZATION OF ELEMENTS.—The elements

2 of the Office under paragraph (2) shall be organized

3 by the Secretary into divisions as follows:

4 (A) A science and technology division that

5 shall pursue innovative approaches to the devel6 opment of capabilities for operationally respon7 sive space through basic and applied research fo8 cused on payloads, bus, and launch equipment.

9 (B) An acquisition division that shall un10 dertake the acquisition of systems necessary to

11 procure, integrate, sustain, and launch assets for

12 operationally responsive space.

13 (C) An operations division that shall—

14 (i) sustain and maintain assets for

15 operationally responsive space prior to

16 launch;

17 (ii) integrate and launch such assets;

18 and

19 (iii) operate such assets in orbit.

20 (D) A combatant command support divi21 sion that shall serve as the primary inter22 mediary between the military departments and

23 the combatant commands on operationally re24 sponsive space, including the integration of as25 sets for operationally responsive space into—
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1 (i) the operations plans of the combat2 ant commands;

3 (ii) the training and tactics procedures

4 of the military departments; and

5 (iii) military exercises, demonstra6 tions, and war games.

7 (3) ACCOUNTABILITY.—The head of the Office

8 shall report to the Executive Agent for Space of the

9 Department of Defense regarding the activities of Of10 fice under this subsection.

11 (4) ACQUISITION AUTHORITY.—The acquisition

12 activities of the Office shall be subject to the following:

13 (A) The Executive Agent for Space of the

14 Department of Defense shall be the senior acqui15 sition executive of the Office.

16 (B) The Joint Capabilities Integration and

17 Development System process shall not apply to

18 acquisitions by the Office.

19 (C) The commander of the United States

20 Strategic Command, or a designate of the com21 mander, shall—

22 (i) validate all system requirements for

23 systems to be acquired by the Office; and

24 (ii) participate in the approval of any

25 acquisition program initiated by the Office.
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1 (D) The unit procurement cost of a launch

2 vehicle procured by the Office may not exceed

3 $20,000,000.

4 (E) The unit procurement cost of an inte5 grated satellite procured by the Office may not

6 exceed $40,000,000.

7 (5) ADJUSTMENT OF UNIT PROCUREMENT COST

8 LIMITS.—The Executive Agent for Space shall adjust

9 the amounts specified in subparagraphs (D) and (E)

10 of paragraph (4) to take into account the effects of in11 flation. Such adjustment shall take place once every

12 five years.

13 (d) PLAN FOR OPERATIONALLY RESPONSIVE SPACE.—

14 (1) PLAN REQUIRED.—Not later than 180 days

15 after the date of the enactment of this Act, the Sec16 retary of Defense shall submit to the congressional de17 fense committees a report setting forth a plan for the

18 acquisition by the Department of Defense of capabili19 ties for operationally responsive space to support the

20 warfighter.

21 (2) ELEMENTS.—The plan required by para22 graph (1) shall include the following:

23 (A) An identification of the roles and mis24 sions of each military department, Defense Agen25 cy, and other component or element of the De-
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1 partment of Defense for the fulfillment of the

2 mission of the Department with respect to oper3 ationally responsive space.

4 (B) An identification of the capabilities re5 quired by the Department to fulfill such mission.

6 (C) A description of the chain of command

7 and reporting structure of the Operationally Re8 sponsive Space Hybrid Program Office under

9 subsection (c).

10 (D) The security classification level required

11 for the Office in order to ensure that the Office

12 carries out its responsibilities under subsection

13 (c) in a proper and efficient manner.

14 (E) A description of the acquisition policies

15 and procedures applicable to the Office, includ16 ing a description of any legislative or adminis17 trative action necessary to provide the Office ad18 ditional acquisition authority to carry out its re19 sponsibilities.

20 (F) A schedule for the implementation of the

21 plan.

22 (G) The funding and personnel required to

23 implement the plan over the course of the current

24 future-years defense program under section 221

25 of title 10, United States Code.
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1 (e) DEFINITIONS.—In this section:

2 (1) The term ‘‘operationally responsive space’’

3 means the development and launch of space assets

4 upon demand in a low-cost manner.

5 (2) The term ‘‘procurement unit cost’’ has the

6 meaning given that term in section 2432(a) of title

7 10, United States Code.

8 SEC. 912. EXTENSION OF AUTHORITY FOR PILOT PROGRAM

9 ON PROVISION OF SPACE SURVEILLANCE

10 NETWORK SERVICES TO NON-UNITED STATES

11 GOVERNMENT ENTITIES.

12 Section 2274(i) of title 10, United States Code, is

13 amended by striking ‘‘shall be conducted during the three14 year period beginning on a date specified by the Secretary

15 of Defense, which date shall be not later than 180 days after

16 the date of the enactment of this section’’ and inserting

17 ‘‘may be conducted through September 30, 2009’’.

18 SEC. 913. INDEPENDENT REVIEW AND ASSESSMENT OF DE19 PARTMENT OF DEFENSE ORGANIZATION AND

20 MANAGEMENT FOR NATIONAL SECURITY IN

21 SPACE.

22 (a) INDEPENDENT REVIEW AND ASSESSMENT RE23 QUIRED.—

24 (1) IN GENERAL.—The Secretary of Defense shall

25 provide for an independent review and assessment of
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1 the organization and management of the Department

2 of Defense for national security in space.

3 (2) CONDUCT OF REVIEW.—The review and as4 sessment shall be conducted by an appropriate entity

5 outside the Department of Defense selected by the Sec6 retary for purposes of this section.

7 (3) ELEMENTS.—The review and assessment

8 shall address the following:

9 (A) The requirements of the Department of

10 Defense for national security space capabilities,

11 as identified by the Department, and the efforts

12 of the Department to fulfill such requirements.

13 (B) The future space missions of the De14 partment, and the plans of the Department to

15 meet the future space missions.

16 (C) The actions that could be taken by the

17 Department to modify the organization and

18 management of the Department over the near19 term, medium-term, and long-term in order to

20 strengthen United States national security in

21 space, and the ability of the Department to im22 plement its requirements and carry out the fu23 ture space missions, including the following:

24 (i) Actions to exploit existing and

25 planned military space assets to provide
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1 support for United States military oper2 ations.

3 (ii) Actions to improve or enhance cur4 rent interagency coordination processes re5 garding the operation of national security

6 space assets, including improvements or en7 hancements in interoperability and commu8 nications.

9 (iii) Actions to improve or enhance the

10 relationship between the intelligence aspects

11 of national security space (so-called ‘‘black

12 space’’) and the non-intelligence aspects of

13 national security space (so-called ‘‘white

14 space’’).

15 (iv) Actions to improve or enhance the

16 manner in which military space issues are

17 addressed by professional military edu18 cation institutions.

19 (4) LIAISON.—The Secretary shall designate at

20 least one senior civilian employee of the Department

21 of Defense, and at least one general or flag officer of

22 an Armed Force, to serve as liaison between the De23 partment, the Armed Forces, and the entity con24 ducting the review and assessment.

25 (b) REPORT.—
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1 (1) IN GENERAL.—Not later than one year after

2 the date of the enactment of this Act, the entity con3 ducting the review and assessment shall submit to the

4 Secretary and the congressional defense committees a

5 report on the review and assessment.

6 (2) ELEMENTS.—The report shall include—

7 (A) the results of the review and assessment;

8 and

9 (B) recommendations on the best means by

10 which the Department may improve its organi11 zation and management for national security in

12 space.

13 Subtitle C—Other Matters

14 SEC. 921. DEPARTMENT OF DEFENSE POLICY ON UN15 MANNED SYSTEMS.

16 (a) POLICY REQUIRED.—The Secretary of Defense

17 shall, in consultation with the Chairman of the Joint Chiefs

18 of Staff, develop a policy applicable throughout the Depart19 ment of Defense on research, development, test, and evalua20 tion, procurement, and operation of unmanned systems.

21 (b) ELEMENTS.—The policy required by subsection (a)

22 shall include the following:

23 (1) Mission requirements (including mission re24 quirements for the military departments and joint

25 mission requirements) for unmanned systems to re-
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1 place manned systems in the performance of routine

2 or dangerous missions.

3 (2) A strategy and schedules for the replacement

4 of manned systems with unmanned systems in the

5 performance of such missions.

6 (3) Preference for joint unmanned systems in ac7 quisition programs for new systems, including a re8 quirement under any such program for the develop9 ment of a manned system for a certification that an

10 unmanned system is incapable of meeting program

11 requirements.

12 (4) Joint development and procurement of un13 manned systems and components.

14 (5) A strategy for the divestment of the military

15 department unmanned systems unique to a particular

16 department with a preference for joint unmanned sys17 tems.

18 (6) Programs to address technical, operational,

19 and production challenges, and gaps in capabilities,

20 with respect to unmanned systems.

21 (7) An organizational structure for effective

22 management, coordination, and budgeting for the de23 velopment and procurement of unmanned systems, in24 cluding an assessment of the feasibility and advis25 ability of designating a single department or other
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1 element of the Department of Defense to act as execu2 tive agent for the Department on unmanned systems.

3 (8) Requirements for the integration of un4 manned and manned missions.

5 (9) Requirements in order to satisfy the goals for

6 unmanned air and ground systems established in sec7 tion 220 of the Floyd D. Spence National Defense Au8 thorization Act for Fiscal Year 2001 (as enacted into

9 law by Public Law 106–398; 114 Stat. 1654A–38).

10 (c) REPORT.—Not later than 120 days after the date

11 of the enactment of this Act, the Secretary shall submit to

12 the congressional defense committees a report setting forth

13 the policy required by subsection (a).

14 SEC. 922. EXECUTIVE SCHEDULE LEVEL IV FOR DEPUTY

15 UNDER SECRETARY OF DEFENSE FOR LOGIS16 TICS AND MATERIEL READINESS.

17 (a) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315

18 of title 5, United States Code, is amended by inserting after

19 the item relating to the Deputy Under Secretary of Defense

20 for Personnel and Readiness the following new item:

21 ‘‘Deputy Under Secretary of Defense for Logis22 tics and Materiel Readiness.’’.

23 (b) CONFORMING AMENDMENT.—Section 5314 of title

24 5, United States Code, is amended by striking the item re-
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1 lating to the Deputy Under Secretary of Defense for Logis2 tics and Materiel Readiness.

3 (c) EFFECTIVE DATE.—The amendments made by this

4 section shall take effect on the date of the enactment of this

5 Act, and shall apply with respect to individuals appointed

6 as Deputy Under Secretary of Defense for Logistics and

7 Materiel Readiness on or after that date.

8 SEC. 923. THREE-YEAR EXTENSION OF JOINT INCENTIVES

9 PROGRAM ON SHARING OF HEALTH CARE RE10 SOURCES BY THE DEPARTMENT OF DEFENSE

11 AND DEPARTMENT OF VETERANS AFFAIRS.

12 Section 8111(d)(4) of title 38, United States Code, is

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

14 ‘‘September 30, 2010’’.

15 SEC. 924. SENSE OF SENATE ON NOMINATION OF INDI16 VIDUAL TO SERVE AS DIRECTOR OF OPER17 ATIONAL TEST AND EVALUATION ON A PER18 MANENT BASIS.

19 (a) FINDINGS.—The Senate makes the following find20 ings:

21 (1) Congress established the position of Director

22 of Operational Test and Evaluation of the Depart23 ment of Defense in 1983 to ensure the operational ef24 fectiveness and suitability of weapon systems in com25 bat.
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1 (2) The Director of Operational Test and Eval2 uation serves as the principal adviser to the Secretary

3 of Defense on operational test and evaluation and is

4 vital to ensuring the operational effectiveness of weap5 on systems in combat.

6 (3) The position of Director of Operational Test

7 and Evaluation has been held on an acting basis

8 since February 15, 2005.

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

10 that the President should submit to the Senate the nomina11 tion of an individual for the position of Director of Oper12 ational Test and Evaluation as soon as practicable.

13 SEC. 925. INCLUSION OF HOMELAND DEFENSE AND CIVIL

14 SUPPORT MISSIONS OF THE NATIONAL

15 GUARD AND RESERVES IN THE QUADREN16 NIAL DEFENSE REVIEW.

17 Section 118(d) of title 10, United States Code, is

18 amended—

19 (1) by redesignating paragraph (15) as para20 graph (16); and

21 (2) by inserting after paragraph (14) the fol22 lowing new paragraph (15):

23 ‘‘(15) The homeland defense mission and civil

24 support missions of the active and reserve components

25 of the armed forces, including the organization and
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1 capabilities required for the active and reserve compo2 nents to discharge each such mission.’’.

3 SEC. 926. REFORMS TO THE DEFENSE TRAVEL SYSTEM TO A

4 FEE-FOR-USE-OF-SERVICE SYSTEM.

5 No later than one year after the enactment of this Act,

6 the Secretary of Defense may not obligate or expend any

7 funds related to the Defense Travel System except those

8 funds obtained through a one-time, fixed price service fee

9 per Department of Defense customer utilizing the system

10 with an additional fixed fee for each transaction.

11 SEC. 927. REPORT ON INCORPORATION OF ELEMENTS OF

12 THE RESERVE COMPONENTS INTO THE SPE13 CIAL FORCES.

14 (a) FINDINGS.—The Senate makes the following find15 ings:

16 (1) The Quadrennial Defense Review rec17 ommends an increase in the size of the Special Oper18 ations Command and the Special Forces as a funda19 mental part of our efforts to fight the war on terror.

20 (2) The Special Forces play a crucial role in the

21 war on terror, and the expansion of their force struc22 ture as outlined in the Quadrennial Defense Review

23 should be fully funded.

24 (3) Expansion of the Special Forces should be

25 consistent with the Total Force Policy.
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1 (4) The Secretary of Defense should assess wheth2 er the establishment of additional reserve component

3 Special Forces units and associated units is con4 sistent with the Total Force Policy.

5 (5) Training areas in high-altitude and moun6 tainous areas represent a national asset for preparing

7 Special Forces units and personnel for duty in simi8 lar regions of Central Asia.

9 (b) REPORT ON INCORPORATION OF ELEMENTS INTO

10 SPECIAL FORCES.—Not later than six months after the date

11 of the enactment of this Act, the Secretary of Defense shall

12 submit to the congressional defense committees a report to

13 address whether units and capabilities should be incor14 porated into the reserve components of the Armed Forces

15 as part of the expansion of the Special Forces as outlined

16 in the Quadrennial Defense Review, and consistent with the

17 Total Force Policy.

18 (c) REPORT ON SPECIAL FORCES TRAINING.—Not

19 later than six months after the date of the enactment of this

20 Act, the Secretary of Defense shall submit to the congres21 sional defense committees a report on the effort taken by

22 the United States Special Operations Command to provide

23 Special Forces training in high-altitude and mountainous

24 areas within the United States.
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1 Subtitle D—National Guard

2 Bureau Matters

3 SEC. 931. SHORT TITLE.

4 This title may be cited as the ‘‘National Defense En5 hancement and National Guard Empowerment Act of

6 2006’’.

7 SEC. 932. EXPANDED AUTHORITY OF CHIEF OF THE NA8 TIONAL GUARD BUREAU AND EXPANDED

9 FUNCTIONS OF THE NATIONAL GUARD BU10 REAU.

11 (a) EXPANDED AUTHORITY.—

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

13 10501 of title 10, United States Code, is amended by

14 striking ‘‘joint bureau of the Department of the Army

15 and the Department of the Air Force’’ and inserting

16 ‘‘joint activity of the Department of Defense’’.

17 (2) PURPOSE.—Subsection (b) of such section is

18 amended by striking ‘‘between’’ and all that follows

19 and inserting ‘‘between—

20 ‘‘(1)(A) the Secretary of Defense, the Joint Chiefs

21 of Staff, and the commanders of the combatant com22 mands for the United States, and (B) the Department

23 of the Army and the Department of the Air Force;

24 and

25 ‘‘(2) the several States.’’.
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1 (b) ENHANCEMENTS OF POSITION OF CHIEF OF THE

2 NATIONAL GUARD BUREAU.—

3 (1) ADVISORY FUNCTION ON NATIONAL GUARD

4 MATTERS.—Subsection (c) of section 10502 of title 10,

5 United States Code, is amended by inserting ‘‘to the

6 Secretary of Defense, to the Chairman of the Joint

7 Chiefs of Staff,’’ after ‘‘principal advisor’’.

8 (2) GRADE.—Subsection (e) of such section, as

9 redesignated by paragraph (2)(A)(i) of this sub10 section, is further amended by striking ‘‘lieutenant

11 general’’ and inserting ‘‘general’’.

12 (3) ANNUAL REPORT TO CONGRESS ON VALI13 DATED REQUIREMENTS.—Section 10504 of such title

14 is amended by adding at the end the following new

15 subsection:

16 ‘‘(c) ANNUAL REPORT ON VALIDATED REQUIRE17 MENTS.—Not later than December 31 each year, the Chief

18 of the National Guard Bureau shall submit to Congress a

19 report on the requirements validated under section

20 10503a(b)(1) of this title during the preceding fiscal year.’’.

21 (c) ENHANCEMENT OF FUNCTIONS OF NATIONAL

22 GUARD BUREAU.—

23 (1) DEVELOPMENT OF CHARTER.—Section 10503

24 of title 10, United States Code, is amended—
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1 (A) in the matter preceding paragraph (1),

2 by striking ‘‘The Secretary of the Army and the

3 Secretary of the Air Force shall jointly develop’’

4 and inserting ‘‘The Secretary of Defense, in con5 sultation with the Secretary of the Army and the

6 Secretary of the Air Force, shall develop’’; and

7 (B) in paragraph (12), by striking ‘‘the

8 Secretaries’’ and inserting ‘‘the Secretary of De9 fense’’.

10 (2) ADDITIONAL GENERAL FUNCTIONS.—Such

11 section is further amended—

12 (A) by redesignating paragraph (12), as

13 amended by paragraph (1)(B) of this subsection,

14 as paragraph (13); and

15 (B) by inserting after paragraph (11) the

16 following new paragraph (12):

17 ‘‘(12) Facilitating and coordinating with other

18 Federal agencies, and with the several States, the use

19 of National Guard personnel and resources for and in

20 contingency operations, military operations other

21 than war, natural disasters, support of civil authori22 ties, and other circumstances.’’.

23 (3) MILITARY ASSISTANCE FOR CIVIL AUTHORI24 TIES.—Chapter 1011 of such title is further amended
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1 by inserting after section 10503 the following new sec2 tion:

3 ‘‘§ 10503a. Functions of National Guard Bureau: mili4 tary assistance to civil authorities

5 ‘‘(a) IDENTIFICATION OF ADDITIONAL NECESSARY AS6 SISTANCE.—The Chief of the National Guard Bureau

7 shall—

8 ‘‘(1) identify gaps between Federal and State ca9 pabilities to prepare for and respond to emergencies;

10 and

11 ‘‘(2) make recommendations to the Secretary of

12 Defense on programs and activities of the National

13 Guard for military assistance to civil authorities to

14 address such gaps.

15 ‘‘(b) SCOPE OF RESPONSIBILITIES.—In meeting the

16 requirements of subsection (a), the Chief of the National

17 Guard Bureau shall, in coordination with the Adjutant

18 Generals of the States, have responsibilities as follows:

19 ‘‘(1) To validate the requirements of the several

20 States and Territories with respect to military assist21 ance to civil authorities.

22 ‘‘(2) To develop doctrine and training require23 ments relating to the provision of military assistance

24 to civil authorities.
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1 ‘‘(3) To administer amounts provided the Na2 tional Guard for the provision of military assistance

3 to civil authorities.

4 ‘‘(4) To carry out any other responsibility relat5 ing to the provision of military assistance to civil au6 thorities as the Secretary of Defense shall specify.

7 ‘‘(c) ASSISTANCE.—The Chairman of the Joint Chiefs

8 of Staff shall assist the Chief of the National Guard Bureau

9 in carrying out activities under this section.

10 ‘‘(d) CONSULTATION.—The Chief of the National

11 Guard Bureau shall carry out activities under this section

12 in consultation with the Secretary of the Army and the Sec13 retary of the Air Force.’’.

14 (4) LIMITATION ON INCREASE IN PERSONNEL OF

15 NATIONAL GUARD BUREAU.—The Secretary of Defense

16 shall, to the extent practicable, ensure that no addi17 tional personnel are assigned to the National Guard

18 Bureau in order to address administrative or other

19 requirements arising out of the amendments made by

20 this subsection.

21 (d) CONFORMING AND CLERICAL AMENDMENTS.—

22 (1) CONFORMING AMENDMENT.—The heading of

23 section 10503 of such title is amended to read as fol24 lows:
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1 ‘‘§ 10503. Functions of National Guard Bureau: char2 ter’’.

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 1011 of such title is

5 amended by striking the item relating to section

6 10503 and inserting the following new items:

‘‘10503. Functions of National Guard Bureau: charter.

‘‘10503a. Functions of National Guard Bureau: military assistance to civil authorities.’’.

7 SEC. 933. REQUIREMENT THAT POSITION OF DEPUTY COM8 MANDER OF THE UNITED STATES NORTHERN

9 COMMAND BE FILLED BY A QUALIFIED NA10 TIONAL GUARD OFFICER.

11 (a) IN GENERAL.—The position of Deputy Com12 mander of the United States Northern Command shall be

13 filled by a qualified officer of the National Guard who is

14 eligible for promotion to the grade of lieutenant general.

15 (b) PURPOSE.—The purpose of the requirement in sub16 section (a) is to ensure that information received from the

17 National Guard Bureau regarding the operation of the Na18 tional Guard of the several States is integrated into the

19 plans and operations of the United States Northern Com20 mand.

21 TITLE X—GENERAL PROVISIONS

22 Subtitle A—Financial Matters

23 SEC. 1001. TRANSFER AUTHORITY.

24 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
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1 (1) AUTHORITY.—Upon determination by the

2 Secretary of Defense that such action is necessary in

3 the national interest, the Secretary may transfer

4 amounts of authorizations made available to the De5 partment of Defense in this division for fiscal year

6 2007 between any such authorizations for that fiscal

7 year (or any subdivisions thereof). Amounts of au8 thorizations so transferred shall be merged with and

9 be available for the same purposes as the authoriza10 tion to which transferred.

11 (2) AGGREGATE LIMITATION.—The total amount

12 of authorizations that the Secretary may transfer

13 under the authority of this section may not exceed

14 $4,000,000,000.

15 (b) LIMITATIONS.—The authority provided by this sec16 tion to transfer authorizations—

17 (1) may only be used to provide authority for

18 items that have a higher priority than the items from

19 which authority is transferred; and

20 (2) may not be used to provide authority for an

21 item that has been denied authorization by Congress.

22 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans23 fer made from one account to another under the authority

24 of this section shall be deemed to increase the amount au-
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1 thorized for the account to which the amount is transferred

2 by an amount equal to the amount transferred.

3 (d) NOTICE TO CONGRESS.—The Secretary shall

4 promptly notify Congress of each transfer made under sub5 section (a).

6 SEC. 1002. AUTHORIZATION OF ADDITIONAL EMERGENCY

7 SUPPLEMENTAL APPROPRIATIONS FOR FIS8 CAL YEAR 2006.

9 (a) IRAQ, AFGHANISTAN, AND THE GLOBAL WA R ON

10 TERROR.—Amounts authorized to be appropriated to the

11 Department of Defense for fiscal year 2006 in the National

12 Defense Authorization Act for Fiscal Year 2006 (Public

13 Law 109–163) are hereby adjusted, with respect to any such

14 authorized amount, by the amount by which appropriations

15 pursuant to such authorization are increased by a supple16 mental appropriation, or decreased by a rescission, or both,

17 or are increased by a transfer of funds, pursuant to title

18 I of the Emergency Supplemental Appropriations Act for

19 Defense, the Global War on Terror, and Hurricane Recov20 ery, 2006 (Public Law 109–234).

21 (b) HURRICANE DISASTER RELIEF AND RECOVERY.—

22 Amounts authorized to be appropriated to the Department

23 of Defense for fiscal year 2006 in the National Defense Au24 thorization Act for Fiscal Year 2006 are hereby adjusted,

25 with respect to any such authorized amount, by the amount
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1 by which appropriations pursuant to such authorization

2 are increased by a supplemental appropriation, or de3 creased by a rescission, or both, or are increased by a trans4 fer of funds, pursuant to title II of the Emergency Supple5 mental Appropriations Act for Defense, the Global War on

6 Terror, and Hurricane Recovery, 2006.

7 (c) BORDER SECURITY.—Amounts authorized to be

8 appropriated to the Department of Defense for fiscal year

9 2006 in the National Defense Authorization Act for Fiscal

10 Year 2006 are hereby adjusted, with respect to any such

11 authorized amount, by the amount by which appropriations

12 pursuant to such authorization are increased by a supple13 mental appropriation, or decreased by a rescission, or both,

14 or are increased by a transfer of funds, pursuant to title

15 V of the Emergency Supplemental Appropriations Act for

16 Defense, the Global War on Terror, and Hurricane Recov17 ery, 2006.

18 SEC. 1003. REDUCTION IN CERTAIN AUTHORIZATIONS DUE

19 TO SAVINGS RELATING TO LOWER INFLA20 TION.

21 (a) REDUCTION.—The aggregate amount authorized to

22 be appropriated by titles I, II, and III is the amount equal

23 to the sum of all the amounts authorized to be appropriated

24 by such titles reduced by $951,469,000.
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1 (b) SOURCE OF SAVINGS.—Reductions required in

2 order to comply with subsection (a) shall be derived from

3 savings resulting from lower-than-expected inflation as a

4 result of a review of the inflation assumptions used in the

5 preparation of the budget of the President for fiscal year

6 2007, as submitted to Congress pursuant to section 1005

7 of title 31, United States Code.

8 (c) ALLOCATION OF REDUCTION.—The Secretary of

9 Defense shall allocate the reduction required by subsection

10 (a) among the amounts authorized to be appropriated for

11 accounts in titles I, II, and III to reflect the extent to which

12 net savings from lower-than-expected inflation are allocable

13 to amounts authorized to be appropriated to such accounts.

14 SEC. 1004. INCREASE IN FISCAL YEAR 2006 GENERAL TRANS15 FER AUTHORITY.

16 Section 1001(a)(2) of the National Defense Authoriza17 tion Act for Fiscal Year 2006 (Public Law 109–163; 119

18 Stat. 3418) is amended by striking ‘‘$3,500,000,000’’ and

19 inserting ‘‘$5,000,000,000’’.

20 SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COM21 MON-FUNDED BUDGETS IN FISCAL YEAR 2007.

22 (a) FISCAL YEAR 2007 LIMITATION.—The total

23 amount contributed by the Secretary of Defense in fiscal

24 year 2007 for the common-funded budgets of NATO may

25 be any amount up to, but not in excess of, the amount speci-
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1 fied in subsection (b) (rather than the maximum amount

2 that would otherwise be applicable to those contributions

3 under the fiscal year 1998 baseline limitation).

4 (b) TOTAL AMOUNT.—The amount of the limitation

5 applicable under subsection (a) is the sum of the following:

6 (1) The amounts of unexpended balances, as of

7 the end of fiscal year 2006, of funds appropriated for

8 fiscal years before fiscal year 2007 for payments for

9 those budgets.

10 (2) The amount specified in subsection (c)(1).

11 (3) The amount specified in subsection (c)(2).

12 (4) The total amount of the contributions author13 ized to be made under section 2501.

14 (c) AUTHORIZED AMOUNTS.—Amounts authorized to

15 be appropriated by titles II and III of this Act are available

16 for contributions for the common-funded budgets of NATO

17 as follows:

18 (1) Of the amount provided in section 201(1),

19 $797,000 for the Civil Budget.

20 (2) Of the amount provided in section 301(1),

21 $310,277,000 for the Military Budget.

22 (d) DEFINITIONS.—For purposes of this section:

23 (1) COMMON-FUNDED BUDGETS OF NATO.—The

24 term ‘‘common-funded budgets of NATO’’ means the

25 Military Budget, the Security Investment Program,
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1 and the Civil Budget of the North Atlantic Treaty Or2 ganization (and any successor or additional account

3 or program of NATO).

4 (2) FISCAL YEAR 1998 BASELINE LIMITATION.—

5 The term ‘‘fiscal year 1998 baseline limitation’’

6 means the maximum annual amount of Department

7 of Defense contributions for common-funded budgets of

8 NATO that is set forth as the annual limitation in

9 section 3(2)(C)(ii) of the resolution of the Senate giv10 ing the advice and consent of the Senate to the ratifi11 cation of the Protocols to the North Atlantic Treaty

12 of 1949 on the Accession of Poland, Hungary, and the

13 Czech Republic (as defined in section 4(7) of that res14 olution), approved by the Senate on April 30, 1998.

15 SEC. 1006. MODIFICATION OF DATE OF SUBMITTAL OF OMB/

16 CBO REPORT ON SCORING OF OUTLAYS.

17 Section 226(a) of title 10, United States Code, is

18 amended by striking ‘‘January 15 of each year’’ and insert19 ing ‘‘April 1 of each year’’.

20 SEC. 1007. PROHIBITION ON PARKING OF FUNDS.

21 (a) PROHIBITION.—

22 (1) IN GENERAL.—Chapter 165 of title 10,

23 United States Code, is amended by inserting after sec24 tion 2773a the following new section:
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1 ‘‘§ 2773b. Parking of funds: prohibition; penalties

2 ‘‘(a) PROHIBITION.—An officer or employee of the De3 partment of Defense may not direct the designation of funds

4 for a particular purpose in the budget of the President, as

5 submitted to Congress pursuant to section 1105 of title 31,

6 or the supporting documents of the Department of Defense

7 component of such budget, with the knowledge or intent that

8 such funds, if made available to the Department, will not

9 be used for the purpose for which they are designated.

10 ‘‘(b) PENALTIES.—The direction of the designation of

11 funds in violation of the prohibition in subsection (a) shall

12 be treated for purposes of chapter 13 of title 31 as a viola13 tion of section 1341(a)(1)(A) of title 31.’’.

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 165 of such title is

16 amended by inserting after the item relating to sec17 tion 2773a the following new item:

‘‘2773b. Parking of funds: prohibition; penalties.’’.

18 (b) EFFECTIVE DATE.—

19 (1) IN GENERAL.—The amendments made by

20 subsection (a) shall take effect on the date that is 31

21 days after the date of the enactment of this Act.

22 (2) MODIFICATION OF CERTAIN POLICIES AND

23 REGULATIONS.—Not later than 30 days after the date

24 of the enactment of this Act, the Secretary of Defense

25 shall modify the policies and regulations of the De-
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1 partment of Defense regarding the preparation and

2 submittal to Congress of budget materials for the De3 partment of Defense to take into account the provi4 sions of section 2773b of title 10, United States Code

5 (as added by subsection (a)).

6 SEC. 1008. INCORPORATION OF CLASSIFIED ANNEX.

7 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

8 Annex prepared by the Committee on Armed Services of the

9 Senate to accompany S. 2766 of the 109th Congress and

10 transmitted to the President is hereby incorporated into this

11 Act.

12 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

13 ACT.—The amounts specified in the Classified Annex are

14 not in addition to amounts authorized to be appropriated

15 by other provisions of this Act.

16 (c) LIMITATION ON USE OF FUNDS.—Funds appro17 priated pursuant to an authorization contained in this Act

18 that are made available for a program, project, or activity

19 referred to in the Classified Annex may only be expended

20 for such program, project, or activity in accordance with

21 such terms, conditions, limitations, restrictions, and re22 quirements as are set out for such program, project, or ac23 tivity in the Classified Annex.

24 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

25 President shall provide for appropriate distribution of the
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1 Classified Annex, or of appropriate portions of the annex,

2 within the executive branch of the Government.

3 SEC. 1009. REPORTS TO CONGRESS AND NOTICE TO PUBLIC

4 ON EARMARKS IN FUNDS AVAILABLE TO THE

5 DEPARTMENT OF DEFENSE.

6 (a) ANNUAL REPORT AND NOTICE REQUIRED.—The

7 Secretary of Defense shall submit to Congress, and post on

8 the Internet website of the Department of Defense available

9 to the public, each year information as follows:

10 (1) A description of each earmark of funds made

11 available to the Department of Defense for the pre12 vious fiscal year, including the location (by city,

13 State, country, and congressional district if relevant)

14 in which the earmarked funds are to be utilized, the

15 purpose of such earmark (if known), and the recipient

16 of such earmark.

17 (2) The total cost of administering each such ear18 mark including the amount of such earmark, staff

19 time, administrative expenses, and other costs.

20 (3) The total cost of administering all such ear21 marks.

22 (4) An assessment of the utility of each such ear23 mark in meeting the goals of the Department, set

24 forth using a rating system as follows:
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1 (A) A for an earmark that directly advances

2 the primary goals of the Department or an agen3 cy, element, or component of the Department.

4 (B) B for an earmark that advances many

5 of the primary goals of the Department or an

6 agency, element, or component of the Depart7 ment.

8 (C) C for an earmark that may advance

9 some of the primary goals of the Department or

10 an agency, element, or component of the Depart11 ment.

12 (D) D for an earmark that cannot be dem13 onstrated as being cost-effective in advancing the

14 primary goals of the Department or any agency,

15 element, or component of the Department.

16 (E) F for an earmark that distracts from or

17 otherwise impedes that capacity of the Depart18 ment to meet the primary goals of the Depart19 ment.

20 (b) EARMARK DEFINED.—In this section, the term

21 ‘‘earmark’’ means a provision of law, or a directive con22 tained within a joint explanatory statement or report ac23 companying a conference report or bill (as applicable), that

24 specifies the identity of an entity, program, project, or serv25 ice, including a defense system, to receive assistance not re-
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1 quested by the President and the amount of the assistance

2 to be so received.

3 Subtitle B—Naval Vessels

4 SEC. 1011. REPEAL OF REQUIREMENT FOR 12 OPERATIONAL

5 AIRCRAFT CARRIERS WITHIN THE NAVY.

6 Section 5062 of title 10, United States Code, is

7 amended—

8 (1) by striking subsection (b); and

9 (2) by redesignating subsections (c) and (d) as

10 subsections (b) and (c), respectively.

11 SEC. 1012. APPROVAL OF TRANSFER OF NAVAL VESSELS TO

12 FOREIGN NATIONS BY VESSEL CLASS.

13 Section 7307(a) of title 10, United States Code, is

14 amended by inserting ‘‘or vessel of that class’’ after ‘‘that

15 vessel’’.

16 SEC. 1013. NAMING OF CVN–78 AIRCRAFT CARRIER AS THE

17 U.S.S. GERALD FORD.

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

19 (1) Gerald R. Ford has served his country with

20 honor and distinction for the past 64 years, and con21 tinues to serve.

22 (2) Gerald R. Ford joined the United States

23 Naval Reserve in 1942 and served valiantly at sea on

24 the U.S.S. Monterey (CVL–26) during World War II,

25 taking part in major operations in the Pacific, in-
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1 cluding at Makin Island, Kwajalein, Truk, Saipan,

2 and the Philippine Sea.

3 (3) The U.S.S. Monterey earned 10 battle stars,

4 awarded for participation in battle, while Gerald R.

5 Ford served on the vessel.

6 (4) Gerald R. Ford was first elected to the House

7 of Representatives in 1948.

8 (5) In the course of 25 years of service in the

9 House of Representatives, Gerald R. Ford distin10 guished himself by his exemplary record for character,

11 decency, and trustworthiness.

12 (6) Throughout his service in Congress, Gerald

13 R. Ford was an ardent proponent of strong national

14 defense and international leadership by the United

15 States.

16 (7) From 1965 to 1973, Gerald R. Ford served

17 as minority leader of the House of Representatives,

18 raising the standard for bipartisanship in his tireless

19 fight for freedom, hope, and justice.

20 (8) In 1973, Gerald R. Ford was appointed by

21 President Nixon to the office of Vice President of the

22 United States with the overwhelming support of Con23 gress.

24 (9) From 1974 to 1976, Gerald R. Ford served

25 as the 38th President of the United States, taking of-
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1 fice during one of the most challenging periods in the

2 history of the United States and restoring the faith of

3 the people of the United States in the office of the

4 President through his steady leadership, courage, and

5 ultimate integrity.

6 (10) President Gerald R. Ford helped restore the

7 prestige of the United States in the world community

8 by working to achieve peace in the Middle East, pre9 serve de ́tente with the Soviet Union, and set new lim10 its on the spread of nuclear weapons.

11 (11) President Gerald R. Ford served as Com12 mander in Chief of the Armed Forces of the United

13 States with great dignity, supporting a strong Navy

14 and a global military presence for the United State

15 and honoring the men and women of the Armed

16 Forces of the United States.

17 (12) Since leaving the office of President, Gerald

18 R. Ford has been an international ambassador of

19 American goodwill, a noted scholar and lecturer, a

20 strong supporter of human rights, and a promoter of

21 higher education.

22 (13) Gerald R. Ford was awarded the Medal of

23 Freedom and the Congressional Gold Medal in 1999

24 in recognition of his contribution to the Nation.
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1 (14) As President, Gerald R. Ford bore the

2 weight of a constitutional crisis and guided the Na3 tion on a path of healing and restored hope, earning

4 forever the enduring respect and gratitude of the Na5 tion.

6 (b) NAMING OF CVN–78 AIRCRAFT CARRIER.—CVN–

7 78, a nuclear powered aircraft carrier of the Navy, shall

8 be named the U.S.S. Gerald Ford.

9 SEC. 1014. AUTHORITY TO DONATE SS ARTHUR M. HUDDELL

10 TO THE GOVERNMENT OF GREECE.

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

12 (1) It is in the economic and environmental in13 terests of the United States to promote the disposal of

14 vessels in the National Defense Reserve Fleet that are

15 of insufficient value to warrant further preservation.

16 (2) The Maritime Administration of the Depart17 ment of Transportation has been authorized to make

18 such disposals, including the sale and recycling of

19 such vessels and the donation of such vessels to any

20 State, commonwealth, or possession of the United

21 States, and to nonprofit organizations.

22 (3) The government of Greece has expressed an

23 interest in obtaining and using the ex-Liberty ship,

24 SS ARTHUR M. HUDDELL, for purposes of a mu25 seum exhibit.
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1 (4) It is in the interest of the United States to

2 authorize the Maritime Administration to donate SS

3 ARTHUR M. HUDDELL to Greece.

4 (b) DONATION OF SS ARTHUR M. HUDDELL TO

5 GOVERNMENT OF GREECE.—Notwithstanding Section

6 510(j) of the Merchant Marine Act, 1936 (46 App. U.S.C.

7 1158), the Secretary of Transportation is authorized to

8 transfer SS ARTHUR M. HUDDELL, by gift, to the Gov9 ernment of Greece, in accordance with terms and conditions

10 determined by the Secretary.

11 (c) ADDITIONAL EQUIPMENT.—The Secretary may

12 convey additional equipment from other obsolete vessels of

13 the National Defense Reserve Fleet to assist the Government

14 of Greece under this section for purposes of the museum ex15 hibit referred to in subsection (a)(3).

16 Subtitle C—Counterdrug Matters

17 SEC. 1021. EXTENSION OF AVAILABILITY OF FUNDS FOR

18 UNIFIED COUNTERDRUG AND

19 COUNTERTERRORISM CAMPAIGN IN COLOM20 BIA.

21 Section 1021 of the Ronald W. Reagan National De22 fense Authorization Act for Fiscal Year 2005 (Public Law

23 108–375; 118 Stat. 2042) is amended—

24 (1) in subsection (a)(1), by striking ‘‘2005 and

25 2006’’ and inserting ‘‘2005 through 2008’’; and
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1 (2) in subsection (c), by striking ‘‘2005 and

2 2006’’ and inserting ‘‘2005 through 2008’’.

3 SEC. 1022. EXTENSION OF AUTHORITY OF DEPARTMENT OF

4 DEFENSE TO PROVIDE ADDITIONAL SUPPORT

5 FOR COUNTERDRUG ACTIVITIES OF OTHER

6 GOVERNMENTAL AGENCIES.

7 Section 1004(a) of the National Defense Authorization

8 Act for Fiscal Year 1991 (10 U.S.C. 374 note) is amended

9 by striking ‘‘through 2006’’ and inserting ‘‘through 2011’’.

10 SEC. 1023. EXTENSION AND EXPANSION OF CERTAIN AU11 THORITIES TO PROVIDE ADDITIONAL SUP12 PORT FOR COUNTERDRUG ACTIVITIES.

13 (a) CONCURRENCE OF SECRETARY OF STATE IN PRO14 VISION OF SUPPORT.—Paragraph (1) of subsection (a) of

15 section 1033 of the National Defense Authorization Act for

16 Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881), as

17 amended by section 1021 of the National Defense Authoriza18 tion Act for Fiscal Year 2004 (Public Law 108–136: 117

19 Stat. 1593), is further amended by striking ‘‘shall consult

20 with’’ and inserting ‘‘shall seek the concurrence of’’.

21 (b) EXTENSION OF AUTHORITY.—Paragraph (2) of

22 such subsection is amended by striking ‘‘September 30,

23 2006’’ and inserting ‘‘September 30, 2008’’.

24 (c) ADDITIONAL GOVERNMENTS ELIGIBLE TO RE25 CEIVE SUPPORT.—Subsection (b) of such section 1033, as
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1 so amended, is further amended by adding at the end the

2 following new paragraphs:

3 ‘‘(10) The Government of Azerbaijan.

4 ‘‘(11) The Government of Kazakhstan.

5 ‘‘(12) The Government of Kyrgyzstan.

6 ‘‘(13) The Government of Armenia.

7 ‘‘(14) The Government of Niger.

8 ‘‘(15) The Government of Mauritania.

9 ‘‘(16) The Government of Mali.

10 ‘‘(17) The Government of Chad.

11 ‘‘(18) The Government of Indonesia.

12 ‘‘(19) The Government of Philippines.

13 ‘‘(20) The Government of Thailand.

14 ‘‘(21) The Government of Malaysia.

15 ‘‘(22) The Government of Guatemala.

16 ‘‘(23) The Government of Belize.

17 ‘‘(24) The Government of Panama.’’.

18 (d) TYPES OF SUPPORT.—Subsection (c)(2) of such

19 section 1033, as so amended, is further amended by insert20 ing ‘‘, vehicles, and, subject to section 484(a) of the Foreign

21 Assistance Act of 1961 (22 U.S.C. 2291c(a)), aircraft, and

22 detection, interception, monitoring, and testing equipment’’

23 after ‘‘patrol boats’’.
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1 (e) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Sub2 section (e)(2) of such section 1033, as so amended, is further

3 amended—

4 (1) by striking ‘‘or $40,000,000’’ and inserting

5 ‘‘$40,000,000’’; and

6 (2) by inserting before the period at the end the

7 following: ‘‘, or $80,000,000 during any of the fiscal

8 years 2007 through 2008’’.

9 (f) ANNUAL REPORT ON SUPPORT PROVIDED TO ADDI10 TIONAL GOVERNMENTS.—Such section 1033 is further

11 amended by adding at the end the following new subsection:

12 ‘‘(i) ANNUAL REPORT ON SUPPORT PROVIDED TO

13 CERTAIN GOVERNMENTS.—Not later than November 30

14 each year through 2008, the Secretary of Defense shall sub15 mit to the congressional defense committees and the Com16 mittee on Foreign Relations of the Senate and the Com17 mittee on International Relations of the House of Rep18 resentatives a comprehensive report on the support provided

19 under this section during the preceding fiscal year to each

20 government referred to in paragraphs (1) through (24) of

21 subsection (b).’’.

22 SEC. 1024. OPERATION BAHAMAS, TURKS & CAICOS.

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

24 (1) In 1982 the United States Government cre25 ated Operation Bahamas, Turks & Caicos (OPBAT)
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1 to counter the smuggling of cocaine into the United

2 States.

3 (2) According to the Drug Enforcement Agency,

4 an estimated 80 percent of the cocaine entering the

5 United States in the 1980s came through the Baha6 mas, whereas, according to the Office of National

7 Drug Control Policy, only an estimated 10 percent

8 comes through the Bahamas today.

9 (3) According to the Drug Enforcement Agency,

10 more than 80,000 kilograms of cocaine and nearly

11 700,000 pounds of marijuana have been seized in Op12 eration Bahamas, Turks & Caicos since 1986, with a

13 combined street value of approximately two trillion

14 dollars.

15 (4) The Army has provided military airlift to

16 law enforcement officials under Operation Bahamas,

17 Turks & Caicos to create an effective, reliable, and

18 immediate response capability for drug interdiction.

19 This support is largely responsible for the decline in

20 cocaine shipments to the United States through the

21 Bahamas.

22 (5) The Bahamas is an island nation composed

23 of approximately 700 islands and keys, which makes

24 aviation assets the best and most efficient method of
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1 transporting law enforcement agents and interdicting

2 smugglers.

3 (6) It is in the interests of the United States to

4 maintain the results of the successful Operation Ba5 hamas, Turks & Caicos program and prevent drug

6 smugglers from rebuilding their operations through

7 the Bahamas.

8 (b) REPORT ON UNITED STATES GOVERNMENT SUP9 PORT FOR OPBAT.—

10 (1) REPORT ON DECISION TO WITHDRAW.—Not

11 later than 30 days before implementing a decision to

12 withdraw Department of Defense helicopters from Op13 eration Bahamas, Turks & Caicos, the Secretary of

14 Defense shall submit to the Congress a report out15 lining the plan for the coordination of the Operation

16 Bahamas, Turks & Caicos mission, at the same level

17 of effectiveness, using other United States Government

18 assets.

19 (2) CONSULTATION.—The Secretary of Defense

20 shall consult with the Secretary of State, the Attorney

21 General, and the Secretary of Homeland Security,

22 and with other appropriate officials of the United

23 States Government, in preparing the report under

24 paragraph (1).
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1 (3) ELEMENTS.—The report under paragraph

2 (1) on the withdrawal of equipment referred to in

3 that paragraph shall include the following:

4 (A) An explanation of the military jus5 tification for the withdrawal of the equipment.

6 (B) An assessment of the availability of

7 other options (including other Government heli8 copters) to provide the capability being provided

9 by the equipment to be withdrawn.

10 (C) An explanation of how each option

11 specified under subparagraph (B) will provide

12 the capability currently provided by the equip13 ment to be withdrawn.

14 (D) An assessment of the potential use of

15 unmanned aerial vehicles in Operation Baha16 mas, Turks & Caicos, including the capabilities

17 of such vehicles and any advantages or disadvan18 tages associated with the use of such vehicles in

19 that operation, and a recommendation on wheth20 er or not to deploy such vehicles in that oper21 ation.
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1 Subtitle D—Defense Intelligence

2 and Related Matters

3 SEC. 1031. TWO-YEAR EXTENSION OF AUTHORITY TO EN4 GAGE IN COMMERCIAL ACTIVITIES AS SECU5 RITY FOR INTELLIGENCE COLLECTION AC6 TIVITIES.

7 Section 431(a) of title 10, United States Code, is

8 amended by striking ‘‘December 31, 2006’’ and inserting

9 ‘‘December 31, 2008’’.

10 SEC. 1032. ANNUAL REPORT ON INTELLIGENCE OVERSIGHT

11 ACTIVITIES OF THE DEPARTMENT OF DE12 FENSE.

13 (a) ANNUAL REPORT REQUIRED.—Not later than

14 March 1, 2007, and annually thereafter, the Secretary of

15 Defense shall submit to the congressional defense committees

16 and the congressional intelligence committees a report on

17 the intelligence oversight activities of the Department of De18 fense during the previous calendar year.

19 (b) ELEMENTS.—Each report under subsection (a)

20 shall include, for the calendar year covered by such report,

21 the following:

22 (1) A description of any questionable intelligence

23 activity that came to the attention of any General

24 Counsel or Inspector General within the Department

25 of Defense, or the Under Secretary of Defense for In-
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1 telligence, and a description of the actions taken by

2 such official with respect to such activity.

3 (2) A description of the results of intelligence

4 oversight inspections undertaken by each of the fol5 lowing:

6 (A) The Office of the Secretary of Defense.

7 (B) Each military department.

8 (C) Each combat support agency.

9 (D) Each field operating agency.

10 (3) A description of any changes made in—

11 (A) any program for the intelligence over12 sight activities of the Department of Defense, in13 cluding any training program; or

14 (B) any published directive or policy memo15 randa on the intelligence or intelligence-related

16 activities of—

17 (i) any military department;

18 (ii) any combat support agency; or

19 (iii) any field operating agency.

20 (c) DEFINITIONS.—In this section:

21 (1) The term ‘‘combat support agency’’ has the

22 meaning given that term in section 193(f) of title 10,

23 United States Code.

24 (2) The term ‘‘congressional intelligence commit25 tees’’ has the meaning given that term in section 3(7)
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1 of the National Security Act of 1947 (50 U.S.C.

2 401a(7)).

3 (3) The term ‘‘field operating agency’’ means a

4 specialized subdivision of the Department of Defense

5 that carries out activities under the operational con6 trol of the Department.

7 (4) The term ‘‘intelligence oversight activities of

8 the Department of Defense’’ refers to any activity un9 dertaken by an agency, element, or component of the

10 Department of Defense to ensure compliance with re11 gard to requirements or instructions on the intel12 ligence and intelligence-related activities of the De13 partment under law or any Executive order or Presi14 dential directive (including Executive Order No.

15 12333).

16 (5) The term ‘‘questionable intelligence activity’’

17 means an intelligence or intelligence-related activity

18 of the Department of Defense that may violate the law

19 or any Executive order or Presidential directive (in20 cluding Executive Order No. 12333).

21 SEC. 1033. ADMINISTRATION OF PILOT PROJECT ON CIVIL22 IAN LINGUIST RESERVE CORPS.

23 (a) TRANSFER OF ADMINISTRATION TO SECRETARY OF

24 DEFENSE.—
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1 (1) IN GENERAL.—Administration of the pilot

2 project on the establishment of a Civilian Linguist

3 Reserve Corps required by section 613 of the Intel4 ligence Authorization Act for Fiscal Year 2005 (Pub5 lic Law 108–487; 118 Stat. 3959; 50 U.S.C. 403–1b

6 note) is hereby transferred from the Director of Na7 tional Intelligence to the Secretary of Defense.

8 (2) CONFORMING AMENDMENTS.—Section 613 of

9 the Intelligence Authorization Act for Fiscal Year

10 2005 is amended—

11 (A) by striking ‘‘Director of National Intel12 ligence’’ each place it appears and inserting

13 ‘‘Secretary of Defense’’; and

14 (B) by striking ‘‘Director’’ each place it ap15 pears and inserting ‘‘Secretary’’.

16 (b) DISCHARGE OF PROJECT.—Subsection (a) of such

17 section is further amended by adding at the end the fol18 lowing new sentence: ‘‘The Secretary shall carry out the

19 pilot project through the National Security Education Pro20 gram.’’.

21 (c) REPEAL OF SPECIFICATION OF DURATION OF

22 PROJECT.—Such section is further amended—

23 (1) by striking subsection (c); and

24 (2) by redesignating subsections (d) and (e) as

25 subsections (c) and (d), respectively.
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1 (d) MODIFICATION OF REPORT REQUIREMENTS.—

2 Subsection (d) of such section, as redesignated by subsection

3 (b) of this section, is further amended—

4 (1) in paragraph (1), by striking ‘‘an initial

5 and a final report’’ and inserting ‘‘a report’’;

6 (2) in paragraph (2), by striking ‘‘Each report’’

7 and inserting ‘‘The report’’; and

8 (3) in paragraph (3), by striking ‘‘final report’’

9 and inserting ‘‘report required under paragraph (1)’’.

10 (e) REPEAL OF SUPERSEDED AUTHORIZATION.—Such

11 section is further amended by striking subsection (f).

12 SEC. 1034. IMPROVEMENT OF AUTHORITIES ON THE NA13 TIONAL SECURITY EDUCATION PROGRAM.

14 (a) EXPANSION OF EMPLOYMENT CREDITABLE UNDER

15 SERVICE AGREEMENTS.—Paragraph (2) of subsection (b)

16 of section 802 of the David L. Boren National Security

17 Education Act of 1991 (50 U.S.C. 1902) is amended to read

18 as follows:

19 ‘‘(2)(A) will (in accordance with regulations pre20 scribed by the Secretary of Defense in coordination

21 with the heads of the other Federal departments and

22 agencies concerned) begin work not later than three

23 years after the recipient’s completion of degree study

24 during which scholarship assistance was provided

25 under the program—
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1 ‘‘(i) for not less than one year in a position

2 certified by the Secretary of Defense, in coordi3 nation with the Director of National Intelligence,

4 the Secretary of Homeland Security, and the

5 Secretary of State (as appropriate), as contrib6 uting to the national security of the United

7 States in the Department of Defense, any ele8 ment of the intelligence community, the Depart9 ment of Homeland Security, or the Department

10 of State;

11 ‘‘(ii) for not less than one year in a posi12 tion in a Federal agency or office that is identi13 fied by the Secretary of Defense under subsection

14 (g) as having national security responsibilities if

15 the recipient demonstrates to the Secretary that

16 no position is available in the departments and

17 agencies covered by clause (i); or

18 ‘‘(iii) for not less than one academic year in

19 a position in the field of education in a dis20 cipline related to the study supported by the pro21 gram if the recipient demonstrates to the Sec22 retary of Defense that no position is available in

23 the departments, agencies, and offices covered by

24 clauses (i) and (ii); or
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1 ‘‘(B) will (in accordance with such regulations)

2 begin work not later than two years after the recipi3 ent’s completion or termination of study for which fel4 lowship assistance was provided under the program—

5 ‘‘(i) for not less than one year in a position

6 certified by the Secretary of Defense, in coordi7 nation with the Director of National Intelligence,

8 the Secretary of Homeland Security, and the

9 Secretary of State (as appropriate), as contrib10 uting to the national security of the United

11 States in the Department of Defense, any ele12 ment of the intelligence community, the Depart13 ment of Homeland Security, or the Department

14 of State;

15 ‘‘(ii) for not less than one year in a posi16 tion in a Federal agency or office that is identi17 fied by the Secretary of Defense under subsection

18 (g) as having national security responsibilities if

19 the recipient demonstrates to the Secretary that

20 no position is available in the departments and

21 agencies covered by clause (i); or

22 ‘‘(iii) for not less than one academic year in

23 a position in the field of education in a dis24 cipline related to the study supported by the pro25 gram if the recipient demonstrates to the Sec-
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1 retary of Defense that no position is available in

2 the departments, agencies, and offices covered by

3 clauses (i) and (ii); and’’.

4 (b) TEMPORARY EMPLOYMENT AND RETENTION OF

5 CERTAIN PARTICIPANTS.—Such section is further

6 amended—

7 (1) by redesignating subsections (h) and (i) as

8 subsections (i) and (j), respectively; and

9 (2) by inserting after subsection (g) the following

10 new subsection (h):

11 ‘‘(h) TEMPORARY EMPLOYMENT AND RETENTION OF

12 CERTAIN PARTICIPANTS.—

13 ‘‘(1) IN GENERAL.—The Secretary of Defense

14 may—

15 ‘‘(A) appoint or retain a person provided

16 scholarship or fellowship assistance under the

17 program in a position in the Department of De18 fense on an interim basis during the period of

19 the person’s pursuit of a degree under the pro20 gram and for a period not to exceed two years

21 after completion of the degree, but only if, in the

22 case of the period after completion of the

23 degree—
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1 ‘‘(i) there is no appropriate permanent

2 position for the person under subsection

3 (b)(2)(A); and

4 ‘‘(ii) there is an active and ongoing ef5 fort to identify and assign the person to an

6 appropriate permanent position as soon as

7 possible; and

8 ‘‘(B) if there is no appropriate permanent

9 position available for the person after the end of

10 the periods described in subparagraph (A), sepa11 rate the person from employment with the De12 partment without regard to any other provision

13 of law, in which event the service agreement of

14 the person under subsection (b) shall terminate.

15 ‘‘(2) TREATMENT OF CERTAIN SERVICE.—The pe16 riod of service of a person covered by paragraph (1)

17 in a position on an interim basis under that para18 graph shall, after completion of the degree, be treated

19 as a period of service for purposes of satisfying the

20 obligated service requirements of the person under the

21 service agreement of the person under subsection (b).’’.

22 (c) PLAN FOR IMPROVING PROGRAM.—Not later than

23 90 days after the date of the enactment of this Act, the Sec24 retary of Defense shall submit to Congress a plan for im25 proving the recruitment, placement, and retention within
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1 the Department of Defense of individuals who receive schol2 arships or fellowships under the David L. Boren National

3 Security Education Act of 1991 (50 U.S.C. 1901 et seq.)

4 in order to facilitate the purposes of that Act in meeting

5 the requirements of the Department in acquiring individ6 uals with critical foreign language skills and individuals

7 who are regional experts.

8 SEC. 1035. COLLECTION BY NATIONAL SECURITY AGENCY

9 OF SERVICE CHARGES FOR CERTIFICATION

10 OR VALIDATION OF INFORMATION ASSUR11 ANCE PRODUCTS.

12 The National Security Agency Act of 1959 (50 U.S.C.

13 402 note) is amended by adding at the end the following

14 new section:

15 ‘‘SEC. 20.(a) The Director may collect charges for eval16 uating, certifying, or validating information assurance

17 products under the National Information Assurance Pro18 gram or successor program.

19 ‘‘(b) The charges collected under subsection (a) shall

20 be established through a public rulemaking process in ac21 cordance with Office of Management and Budget Circular

22 No. A–25.

23 ‘‘(c) Charges collected under subsection (a) shall not

24 exceed the direct costs of the program referred to in that

25 subsection.
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1 ‘‘(d) The appropriation or fund bearing the cost of the

2 service for which charges are collected under the program

3 referred to in subsection (a) may be reimbursed, or the Di4 rector may require advance payment subject to such adjust5 ment on completion of the work as may be agreed upon.

6 ‘‘(e) Amounts collected under this section shall be cred7 ited to the account or accounts from which costs associated

8 with such amounts have been or will be incurred, to reim9 burse or offset the direct costs of the program referred to

10 in subsection (a).’’.

11 SEC. 1036. FUNDING FOR A CERTAIN MILITARY INTEL12 LIGENCE PROGRAM.

13 (a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOP14 MENT, TEST, AND EVALUATION, DEFENSE-WIDE.—The

15 amount authorized to be appropriated by section 201(4) for

16 research, development, test, and evaluation for Defense-wide

17 activities is hereby increased by $450,000,000.

18 (b) OFFSET.—The amount authorized to be appro19 priated by section 201(3) for research, development, test,

20 and evaluation for the Air Force is hereby decreased by

21 $450,000,000, with the amount of the reduction to be allo22 cated to amounts available for a classified program as de23 scribed on page 34 of Volume VII (Compartmented Annex)

24 of the Fiscal Year 2007 Military Intelligence Program jus25 tification book.
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1 Subtitle E—Defense Against Ter2 rorism and Related Security

3 Matters

4 SEC. 1041. ENHANCEMENT OF AUTHORITY TO PAY MONE5 TARY REWARDS FOR ASSISTANCE IN COM6 BATING TERRORISM.

7 Section 127b(c) of title 10, United States Code, is

8 amended—

9 (1) in paragraph (1)(B), by inserting ‘‘, or to a

10 subcommander of a combatant command designated

11 by the commander of the combatant command and

12 approved by an Under Secretary of Defense to whom

13 such authority is delegated under subparagraph (A),’’

14 after ‘‘combatant command’’; and

15 (2) in paragraph (2), by striking ‘‘$2,500’’ and

16 inserting ‘‘$10,000’’.

17 SEC. 1042. USE OF THE ARMED FORCES IN MAJOR PUBLIC

18 EMERGENCIES.

19 (a) USE OF THE ARMED FORCES AUTHORIZED.—

20 (1) IN GENERAL.—Section 333 of title 10,

21 United States Code, is amended to read as follows:

22 ‘‘§ 333. Major public emergencies; interference with

23 State and Federal law

24 ‘‘(a) USE OF ARMED FORCES IN MAJOR PUBLIC

25 EMERGENCIES.—(1) The President may employ the armed
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1 forces, including the National Guard in Federal service,

2 to—

3 ‘‘(A) restore public order and enforce the laws of

4 the United States when, as a result of a natural dis5 aster, epidemic, or other serious public health emer6 gency, terrorist attack or incident, or other condition

7 in any State or possession of the United States, the

8 President determines that—

9 ‘‘(i) domestic violence has occurred to such

10 an extent that the constituted authorities of the

11 State or possession are incapable of maintaining

12 public order; and

13 ‘‘(ii) such violence results in a condition de14 scribed in paragraph (2); or

15 ‘‘(B) suppress, in a State, any insurrection, do16 mestic violence, unlawful combination, or conspiracy

17 if such insurrection, violation, combination, or con18 spiracy results in a condition described in paragraph

19 (2).

20 ‘‘(2) A condition described in this paragraph is a con21 dition that—

22 ‘‘(A) so hinders the execution of the laws of a

23 State or possession, as applicable, and of the United

24 States within that State or possession, that any part

25 or class of its people is deprived of a right, privilege,
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1 immunity, or protection named in the Constitution

2 and secured by law, and the constituted authorities of

3 that State or possession are unable, fail, or refuse to

4 protect that right, privilege, or immunity, or to give

5 that protection; or

6 ‘‘(B) opposes or obstructs the execution of the

7 laws of the United States or impedes the course of jus8 tice under those laws.

9 ‘‘(3) In any situation covered by paragraph (1)(B),

10 the State shall be considered to have denied the equal protec11 tion of the laws secured by the Constitution.

12 ‘‘(b) NOTICE TO CONGRESS.—The President shall no13 tify Congress of the determination to exercise the authority

14 in subsection (a)(1)(A) as soon as practicable after the de15 termination and every 14 days thereafter during the dura16 tion of the exercise of the authority.’’.

17 (2) PROCLAMATION TO DISPERSE.—Section 334

18 of such title is amended by inserting ‘‘or those ob19 structing the enforcement of the laws’’ after ‘‘insur20 gents’’.

21 (3) HEADING AMENDMENT.—The heading of such

22 15 of such title is amended to read as follows:
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1 ‘‘CHAPTER 15—ENFORCEMENT OF THE

2 LAWS TO RESTORE PUBLIC ORDER’’.

3 (4) CLERICAL AMENDMENTS.—(A) The table of

4 chapters at the beginning of subtitle A of title 10,

5 United States Code, and at the beginning of part I

6 of such subtitle, are each amended by striking the

7 item relating to chapter 15 and inserting the fol8 lowing new item:

‘‘15. Enforcement of the Laws To Restore Public Order ....... 331’’.

9 (B) The table of sections at the beginning of

10 chapter 15 of such title is amended by striking the

11 item relating to sections 333 and inserting the fol12 lowing new item:

‘‘333. Major public emergencies; interference with State and Federal law.’’.

13 (b) PROVISION OF SUPPLIES, SERVICES, AND EQUIP14 MENT.—

15 (1) IN GENERAL.—Chapter 152 of such title is

16 amended by adding at the end the following new sec17 tion:

18 ‘‘§ 2567. Provision of supplies, services, and equipment

19 in major public emergencies

20 ‘‘(a) PROVISION AUTHORIZED.—In any situation in

21 which the President determines to exercise the authority in

22 section 333(a)(1)(A) of this title, the President may direct

23 the Secretary of Defense to provide supplies, services, and

24 equipment to persons affected by the situation.
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1 ‘‘(b) COVERED SUPPLIES, SERVICES, AND EQUIP2 MENT.—The supplies, services, and equipment provided

3 under this section may include food, water, utilities, bed4 ding, transportation, tentage, search and rescue, medical

5 care, minor repairs, the removal of debris, and other assist6 ance necessary for the immediate preservation of life and

7 property.

8 ‘‘(c) LIMITATIONS.—(1) Supplies, services, and equip9 ment may be provided under this section—

10 ‘‘(A) only to the extent that the constituted au11 thorities of the State or possession concerned are un12 able to provide such supplies, services, and equipment,

13 as the case may be; and

14 ‘‘(B) only until such authorities, or other depart15 ments or agencies of the United States charged with

16 the provision of such supplies, services, and equip17 ment, are able to provide such supplies, services, and

18 equipment.

19 ‘‘(2) The Secretary may provide supplies, services, and

20 equipment under this section only to the extent that the Sec21 retary determines that doing so will not interfere with mili22 tary preparedness or ongoing military operations or func23 tions.

24 ‘‘(d) INAPPLICABILITY OF CERTAIN AUTHORITIES.—

25 The provision of supplies, services, or equipment under this
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1 section shall not be subject to the provisions of section 403(c)

2 of the Robert T. Stafford Disaster Relief and Emergency

3 Assistance Act (42 U.S.C. 5170b(c)).’’.

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended by

6 adding at the end the following new item:

‘‘2567. Provision of supplies, services, and equipment in major public emergencies.’’.

7 (c) CONFORMING AMENDMENTS.—Section 12304(c) of

8 such title is amended—

9 (1) by striking paragraph (1); and

10 (2) by redesignating paragraphs (2) and (3) as

11 paragraphs (1) and (2), respectively.

12 SEC. 1043. TREATMENT UNDER FREEDOM OF INFORMATION

13 ACT OF CERTAIN CONFIDENTIAL INFORMA14 TION SHARED WITH STATE AND LOCAL PER15 SONNEL.

16 Confidential business information and other sensitive

17 but unclassified homeland security information in the pos18 session of the Department of Defense that is shared, pursu19 ant to section 892 of the Homeland Security Act of 2002

20 (6 U.S.C. 482), with State and local personnel involved in

21 the prevention, interdiction, or disruption of, or response

22 to, terrorist activity shall not be subject to disclosure under

23 section 552 of title 5, United States Code (commonly re-
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1 ferred to as the ‘‘Freedom of Information Act’’), by virtue

2 of the sharing of such information with such personnel.

3 SEC. 1044. TEMPORARY NATIONAL GUARD SUPPORT FOR

4 SECURING THE SOUTHERN LAND BORDER OF

5 THE UNITED STATES.

6 (a) AUTHORITY TO PROVIDE ASSISTANCE.—(1) With

7 the approval of the Secretary of Defense, the Governor of

8 a State may order any units or personnel of the National

9 Guard of such State to annual training duty under section

10 502(a) of title 32, United States Code, to carry out in any

11 State along the southern land border of the United States

12 the activities authorized in subsection (b) for the purpose

13 of securing such border. Such duty shall not exceed 21 days

14 in any year.

15 (2) With the approval of the Secretary of Defense, the

16 Governor of a State may order any units or personnel of

17 the National Guard of such State to perform duty under

18 section 502(f) of title 32, United States Code, to provide

19 command, control, and continuity of support for units and

20 personnel performing annual training duty under para21 graph (1).

22 (b) AUTHORIZED ACTIVITIES.—The activities author23 ized by this subsection are the following:

24 (1) Ground surveillance activities.

25 (2) Airborne surveillance activities.
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1 (3) Logistical support.

2 (4) Provision of translation services and train3 ing.

4 (5) Provision of administrative support services.

5 (6) Provision of technical training services.

6 (7) Provision of emergency medical assistance

7 and services.

8 (8) Provision of communications services.

9 (9) Rescue of aliens in peril.

10 (10) Construction of roadways, patrol roads,

11 fences, barriers, and other facilities to secure the

12 southern land border of the United States.

13 (11) Ground and air transportation.

14 (c) COOPERATIVE AGREEMENTS.—Units and per15 sonnel of the National Guard of a State may perform ac16 tivities in another State under subsection (a) only pursuant

17 to the terms of an emergency management assistance com18 pact or other cooperative arrangement entered into between

19 the Governors of such States for purposes of this section,

20 and only with the approval of the Secretary of Defense.

21 (d) COORDINATION OF ASSISTANCE.—The Secretary of

22 Homeland Security shall, in consultation with the Sec23 retary of Defense and the Governors of the States concerned,

24 coordinate the performance of activities under this section

25 by units and personnel of the National Guard.
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1 (e) ANNUAL TRAINING.—Annual training duty per2 formed by members of the National Guard under this sec3 tion shall be appropriate for the units and individual mem4 bers concerned, taking into account the types of units and

5 military occupational specialties of individual members

6 performing such duty.

7 (f) PROHIBITION ON DIRECT PARTICIPATION IN LAW

8 ENFORCEMENT.—Activities carried out under this section

9 shall not include the direct participation of a member of

10 the National Guard in a search, seizure, arrest, or similar

11 activity.

12 (g) DURATION OF AUTHORITY.—The authority of this

13 section shall expire on January 1, 2009.

14 (h) DEFINITIONS.—In this section:

15 (1) The term ‘‘Governor of a State’’ means, in

16 the case of the District of Columbia, the Commanding

17 General of the National Guard of the District of Co18 lumbia.

19 (2) The term ‘‘State’’ means each of the several

20 States and the District of Columbia, the Common21 wealth of Puerto Rico, Guam, and the Virgin Islands.

22 (3) The term ‘‘State along the southern land bor23 der of the United States’’ means each of the following:

24 (A) The State of Arizona.

25 (B) The State of California.
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1 (C) The State of New Mexico.

2 (D) The State of Texas.

3 Subtitle F—Miscellaneous Authori4 ties on Availability and Use of

5 Funds

6 SEC. 1051. ACCEPTANCE AND RETENTION OF REIMBURSE7 MENT FROM NON-FEDERAL SOURCES TO DE8 FRAY DEPARTMENT OF DEFENSE COSTS OF

9 CONFERENCES.

10 (a) IN GENERAL.—Subchapter II of chapter 134 of

11 title 10, United States Code, is amended by adding at the

12 end the following new section:

13 ‘‘§ 2262. Department of Defense conferences: collection

14 of fees to cover Department of Defense

15 costs

16 ‘‘(a) IN GENERAL.—(1) The Secretary of Defense may,

17 whether directly or by contract, collect fees from any indi18 vidual or commercial participant in a conference, seminar,

19 exhibition, symposium, or similar meeting (in this section

20 referred to collectively as a ‘conference’) conducted by the

21 Department of Defense.

22 ‘‘(2) Fees may be collected with respect to a conference

23 under this subsection in advance of the conference.
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1 ‘‘(3) The total amount of fees collected under this sub2 section with respect to a conference may not exceed the costs

3 of the Department of Defense with respect to the conference.

4 ‘‘(b) TREATMENT OF COLLECTIONS.—(1) Amounts col5 lected under subsection (a) with respect to a conference shall

6 be credited to the appropriation or account from which the

7 costs of the conference are paid.

8 ‘‘(2) In the event the total amount of fees collected with

9 respect to a conference exceeds the costs of the Department

10 with respect to the conference, the amount of such excess

11 shall be deposited into the Treasury as miscellaneous re12 ceipts.

13 ‘‘(3) Amounts credited to an appropriation or account

14 under paragraph (1) with respect to a conference shall be

15 available to pay the costs of the Department with respect

16 to the conference or to reimburse the Department for costs

17 incurred with respect to the conference.

18 ‘‘(c) ANNUAL REPORTS.—(1) Each year, not later than

19 45 days after the President submits to Congress the budget

20 for a fiscal year under section 1105 of title 31, the Secretary

21 shall submit to the congressional defense committees budget

22 justification documents summarizing the use of the author23 ity under this section.

24 ‘‘(2) Each report under this subsection shall include

25 the following:
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1 ‘‘(A) A list of conferences during the last two cal2 endar years for which fees were collected under sub3 section (a).

4 ‘‘(B) For each conference listed under subpara5 graph (A)—

6 ‘‘(i) The estimated costs of the Department

7 for such conference.

8 ‘‘(ii) The actual costs of the Department for

9 such conference, including a separate statement

10 of the amount of any conference coordinator fees

11 associated with such conference.

12 ‘‘(iii) The amount for collected under sub13 section (a) for such conference.

14 ‘‘(C) An estimate of the number of conferences to

15 be conducted in the calendar year of such report for

16 which the Department will collect fees under sub17 section (a).’’.

18 (b) CLERICAL AMENDMENT.—The table of sections at

19 the beginning of subchapter II of chapter 134 of such title

20 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.’’.
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1 SEC. 1052. MINIMUM ANNUAL PURCHASE AMOUNTS FOR

2 AIRLIFT FROM CARRIERS PARTICIPATING IN

3 THE CIVIL RESERVE AIR FLEET.

4 (a) IN GENERAL.—Chapter 931 of title 10, United

5 States Code, is amended by adding at the end the following

6 new section:

7 ‘‘§ 9515. Airlift services: minimum annual purchase

8 amount for carriers participating in Civil

9 Reserve Air Fleet

10 ‘‘(a) IN GENERAL.—The Secretary of Defense may

11 award to air carriers participating in the Civil Reserve Air

12 Fleet on a fiscal year basis a one-year contract for airlift

13 services with a minimum purchase amount determined in

14 accordance with this section.

15 ‘‘(b) MINIMUM PURCHASE AMOUNT.—(1) The aggre16 gate amount of the minimum purchase amount for all con17 tracts awarded under subsection (a) for a fiscal year shall

18 be based on forecast needs, but may not exceed the amount

19 equal to 80 percent of the annual average expenditure of

20 the Department of Defense for airlift during the five-fiscal

21 year period ending in the fiscal year before the fiscal year

22 for which such contracts are awarded.

23 ‘‘(2) In calculating the annual average expenditure of

24 the Department of Defense for airlift for purposes of para25 graph (1), the Secretary of Defense may omit from the cal26 culation any fiscal year exhibiting unusually high demand
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1 for airlift if the Secretary determines that the omission of

2 such fiscal year from the calculation will result in a more

3 accurate forecast of anticipated airlift for purposes of that

4 paragraph.

5 ‘‘(3) The aggregate amount of the minimum purchase

6 amount for all contracts awarded under subsection (a) for

7 a fiscal year, as determined under paragraph (1), shall be

8 allocated among all carriers awarded contracts under that

9 subsection for such fiscal year in proportion to the commit10 ments of such carriers to the Civil Reserve Air Fleet for

11 such fiscal year.

12 ‘‘(c) ADJUSTMENT TO MINIMUM PURCHASE AMOUNT

13 FOR PERIODS OF UNAVAILABILITY OF AIRLIFT.—In deter14 mining the minimum purchase amount payable under a

15 contract under subsection (a) for airlift provided by a car16 rier during the fiscal year covered by such contract, the Sec17 retary of Defense may adjust the amount allocated to the

18 carrier under subsection (b)(3) to take into account periods

19 during such fiscal year when services of the carrier are un20 available for usage by the Department of Defense, including

21 during periods of refused business or suspended operations

22 or when the carrier is placed in nonuse status pursuant

23 to section 2640 of this title for safety issues.

24 ‘‘(d) DISTRIBUTION OF AMOUNTS.—If any amount

25 available under this section for the minimum purchase of
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1 airlift from a carrier for a fiscal year under a contract

2 under subsection (a) is not utilized to purchase airlift from

3 the carrier in such fiscal year, such amount shall be pro4 vided to the carrier prior to the first day of the following

5 fiscal year.

6 ‘‘(e) TRANSFER OF FUNDS.—At the beginning of each

7 fiscal year, the Secretary of each military department shall

8 transfer to the transportation working capital fund a per9 centage of the total amount anticipated to be required in

10 such fiscal year for payment of minimum purchase

11 amounts under all contracts awarded under subsection (a)

12 for such fiscal year equivalent to the percentage of the an13 ticipated use of airlift by such military department during

14 such fiscal year from all carriers under contracts awarded

15 under subsection (a) for such fiscal year.

16 ‘‘(f) AVAILABILITY OF AIRLIFT.—(1) From the total

17 amount of airlift available for a fiscal year under all con18 tracts awarded under subsection (a) for such fiscal year,

19 a military department shall be entitled to obtain a percent20 age of such airlift equivalent to the percentage of the con21 tribution of the military department to the transportation

22 working capital fund for such fiscal year under subsection

23 (e).

24 ‘‘(2) A military department may transfer any entitle25 ment to airlift under paragraph (1) to any other military
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1 department or to any other agency, element, or component

2 of the Department of Defense.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections at

4 the beginning of chapter 931 of such title is amended by

5 adding at the end the following new item:

‘‘9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.’’.

6 SEC. 1053. INCREASED FLEXIBILITY IN USE OF FUNDS FOR

7 JOINT STAFF EXERCISES.

8 (a) IN GENERAL.—Amounts available to the Chair9 man of the Joint Chiefs of Staff for joint staff exercises may

10 be available for any expenses as follows:

11 (1) Expenses of the Armed Forces in connection

12 with such exercises, including expense relating to self13 deploying watercraft under the jurisdiction of a mili14 tary department.

15 (2) Expenses relating to the costs of port support

16 activities in connection with such exercises, including

17 transportation and port handling.

18 (3) Expenses relating to the breakout and oper19 ation of prepositioned watercraft and lighterage for

20 joint logistics and over the shore exercises in connec21 tion with such exercises.

22 (b) SUPPLEMENT NOT SUPPLANT.—Any amounts

23 made available by the Chairman of the Joint Chiefs of Staff

24 under subsection (a) for expenses covered by that subsection
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1 are in addition to any other amounts available under law

2 for such expenses.

3 SEC. 1054. STRENGTHENING THE SPECIAL INSPECTOR GEN4 ERAL FOR IRAQ RECONSTRUCTION.

5 For purposes of discharging the duties of the Special

6 Inspector General for Iraq Reconstruction under subsection

7 (f) of section 3001 of the Emergency Supplemental Appro8 priations Act for Defense and for the Reconstruction of Iraq

9 and Afghanistan, 2004 (5 U.S.C. 8G note), and for purposes

10 of determining the date of termination of the Office of the

11 Special Inspector General under subsection (o) of such sec12 tion, any funds appropriated or otherwise made available

13 for fiscal year 2006 for the reconstruction of Iraq, regardless

14 of how such funds may be designated, shall be treated as

15 amounts appropriated or otherwise made available for the

16 Iraq Relief and Reconstruction Fund.

17 Subtitle G—Report Matters

18 SEC. 1061. REPORT ON CLARIFICATION OF PROHIBITION ON

19 CRUEL, INHUMAN, OR DEGRADING TREAT20 MENT OR PUNISHMENT.

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

22 (1) It is critical that members of the Armed

23 Forces have clear guidelines about the legality of in24 terrogation techniques as they seek critical intelligence

25 in the War on Terrorism.
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1 (2) To avoid confusion, any determination made

2 about the legality of various interrogation techniques

3 must be consistent across the United States Govern4 ment.

5 (3) Confusion continues about the permissibility

6 of various interrogation techniques, even after the en7 actment of the Detainee Treatment Act of 2005 (title

8 X of division A of Public Law 109–148).

9 (4) In testimony before the Senate and in writ10 ten response to queries from the Senate, senior mili11 tary commanders, Judge Advocates General of the

12 Armed Forces, and various civilian officials of the

13 Executive Branch have given incomplete or varying

14 answers to questions on what constitutes cruel, inhu15 man, or degrading treatment.

16 (5) It is critical to clarify these matters in order

17 to ensure that members of the Armed Forces do not

18 receive unclear or misleading guidance on such mat19 ters.

20 (b) REPORT.—Not later than 90 days after the date

21 of the enactment of this Act, the President shall submit to

22 the congressional defense committees a report setting forth

23 the coordinated and definitive legal opinion of the United

24 States Government on whether each of the following interro25 gation techniques constitutes cruel, inhuman, or degrading
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1 treatment or punishment (as defined in section 1002(d) of

2 the Detainee Treatment Act of 2006 (as defined in the De3 tainee Treatment Act of 2005 (119 Stat. 2740; 42 U.S.C.

4 2000dd(d)):

5 (1) Waterboarding, or any other technique using

6 water, bags, or other devices or substances to induce

7 a sensation of drowning or asphyxiation.

8 (2) Sleep deprivation, including, at a minimum,

9 depriving a prisoner of sleep for 24 hours or more or

10 permitting five or less hours of sleep per day over a

11 period of three or more days.

12 (3) Stress positions, including the use of any

13 technique in which a prisoner is placed or shackled

14 in a painful or awkward position (including pro15 longed standing or crouching, shackling arms above

16 the head for prolonged periods, or the use of shackles

17 or handcuffs in a manner which causes pain due to

18 the swelling of tissue over a prolonged period of time).

19 (4) The use of extreme temperatures as an aid to

20 interrogation.

21 (5) The use of beatings, slapping, or violent

22 shaking.

23 (6) The use of dogs as an aid to interrogation.

24 (7) The use of nakedness or other forms of sexual

25 humiliation as an aid to interrogation.
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1 (c) ELEMENTS.—The report under subsection (b) shall

2 state, for each interrogation technique listed in that sub3 section, the following

4 (1) Whether the technique would constitute cruel

5 and unusual punishment under the Constitution of

6 the United States if used on a United States citizen

7 within the United States.

8 (2) Whether the technique would constitute cruel

9 and unusual punishment under the Constitution of

10 the United States if used on a United States citizen

11 outside the United States.

12 (3) Whether the technique would be legal if used

13 to interrogate a member of the Armed Forces of the

14 United States by a state party to the Geneva Conven15 tions.

16 (4) Whether the technique would be legal if used

17 to interrogate a United States citizen by a state party

18 to the Convention Against Torture and Other Cruel,

19 Inhuman or Degrading Treatment or Punishment.

20 (d) CERTIFICATION ON NATURE OF OPINIONS.—The

21 report under subsection (b) shall include a certification that

22 the legal opinions set forth in the report are the coordinated

23 and definitive opinion of the United States Government

24 binding on all departments and agencies of the United

25 States Government, any personnel of such departments and
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1 agencies, and any contractors of such departments and

2 agencies.

3 (e) DISSEMINATION OF OPINIONS.—

4 (1) IN GENERAL.—The President shall ensure the

5 dissemination of the legal opinions set forth in the re6 port to all departments and agencies of the United

7 States Government, together with the instruction that

8 such opinions be further disseminated to all personnel

9 of such departments and agencies and all contractors

10 of such departments and agencies.

11 (2) CERTIFICATION ON DISSEMINATION.—The re12 port shall include a certification regarding compli13 ance with the requirement in paragraph (1).

14 (f) DEFINITIONS.—In this section:

15 (1) The term ‘‘Convention Against Torture and

16 Other Cruel, Inhuman or Degrading Treatment or

17 Punishment’’ means the Convention Against Torture

18 and Other Cruel, Inhuman or Degrading Treatment

19 or Punishment, done at New York, December 10,

20 1984, and entering into force June 26, 1987 (T. Doc.

21 100–20).

22 (2) The term ‘‘Geneva Conventions’’ means—

23 (A) the Convention for the Amelioration of

24 the Condition of the Wounded and Sick in
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1 Armed Forces in the Field, done at Geneva Au2 gust 12, 1949 (6 UST 3114);

3 (B) the Convention for the Amelioration of

4 the Condition of the Wounded, Sick, and Ship5 wrecked Members of Armed Forces at Sea, done

6 at Geneva August 12, 1949 (6 UST 3217);

7 (C) the Convention Relative to the Treat8 ment of Prisoners of War, done at Geneva Au9 gust 12, 1949 (6 UST 3316); and

10 (D) the Convention Relative to the Protec11 tion of Civilian Persons in Time of War, done

12 at Geneva August 12, 1949 (6 UST 3516).

13 SEC. 1062. REPORTS ON MEMBERS OF THE ARMED FORCES

14 AND CIVILIAN EMPLOYEES OF THE DEPART15 MENT OF DEFENSE SERVING IN THE LEGISLA16 TIVE BRANCH.

17 (a) MONTHLY REPORTS ON DETAILS AND FELLOW18 SHIPS OF LONG DURATION.—Not later than 120 days after

19 the date of the enactment of this Act, and monthly there20 after, the Secretary of Defense shall submit to the congres21 sional defense committees a report on the members of the

22 Armed Forces and civilian employees of the Department of

23 Defense who, as of the date of such report, have served con24 tinuously in the Legislative Branch for more than 12 con-
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1 secutive months in one or a combination of covered legisla2 tive details or fellowships.

3 (b) REPORTS ON CERTAIN MILITARY DETAILS AND

4 FELLOWSHIPS.—If a member of the Armed Forces is as5 signed to a covered legislative detail or fellowship as the

6 last tour of duty of such member before retirement or sepa7 ration from the Armed Forces in contravention of the regu8 lations of the Department of Defense, the Secretary shall

9 submit to the congressional defense committees a report on

10 the assignment of such member to such covered legislative

11 detail or fellowship. The report shall include a rationale

12 for the waiver of the regulations of the Department in order

13 to permit the detail or fellowship.

14 (c) REPORT ELEMENTS.—Each report under sub15 section (a) or (b) shall set forth, for each member of the

16 Armed Forces or civilian employee covered of the Depart17 ment of Defense covered by such report, the following:

18 (1) The name of such member or employee.

19 (2) In the case of a member, the Armed Force of

20 such member.

21 (3) The committee or member of Congress to

22 which such member or employee is detailed or as23 signed.

24 (4) A general description of the projects or tasks

25 undertaken or to be undertaken, as applicable, by
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1 such member or employee as a detailee, fellow, or

2 both.

3 (5) The anticipated termination date of the cur4 rent detail or fellowship of such member or employee.

5 (d) COVERED LEGISLATIVE DETAIL OR FELLOWSHIP

6 DEFINED.—In this section, the term ‘‘covered legislative de7 tail or fellowship’’ means the following:

8 (1) A detail under the provisions of Department

9 of Defense Directive 1000.17.

10 (2) A legislative fellowship (including a legisla11 tive fellowship under the provisions of Department of

12 Defense Directive 1322.6).

13 SEC. 1063. ADDITIONAL ELEMENT IN ANNUAL REPORT ON

14 CHEMICAL AND BIOLOGICAL WARFARE DE15 FENSE.

16 Section 1703(b) of the National Defense Authorization

17 Act for Fiscal Year 1994 (50 U.S.C. 1523(b)) is amended

18 by adding at the end the following new paragraph:

19 ‘‘(10) A description of the coordination and inte20 gration of the program of the Defense Advanced Re21 search Projects Agency (DARPA) on basic and ap22 plied research and advanced technology development

23 on chemical and biological warfare defense tech24 nologies and systems under section 1701(c)(2) with
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1 the overall program of the Department of Defense on

2 chemical and biological warfare defense, including—

3 ‘‘(A) the degree to which the program of the

4 Defense Advanced Research Projects Agency sup5 ports the objectives and requirements of the pro6 gram of the Department of Defense; and

7 ‘‘(B) the means of determining the level of

8 coordination and support provided by the pro9 gram of the Defense Advanced Research Projects

10 Agency for the program of the Department of De11 fense.’’.

12 SEC. 1064. REPORT ON LOCAL BOARDS OF TRUSTEES OF

13 THE ARMED FORCES RETIREMENT HOME.

14 Not later than 30 days after the date of the enactment

15 of this Act, the Secretary of Defense shall submit to the con16 gressional defense committees a report setting forth the fol17 lowing:

18 (1) The current composition and activities of the

19 Local Board of Trustees of the Armed Forces Retire20 ment Home—Washington under section 1516 of the

21 Armed Forces Retirement Home Act of 1991 (24

22 U.S.C. 416).

23 (2) The current composition and activities of the

24 Local Board of Trustees of the Armed Forces Retire-
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1 ment Home—Gulfport under section 1516 of such

2 Act.

3 SEC. 1065. REPEAL OF CERTAIN REPORT REQUIREMENTS.

4 (a) ANNUAL REPORT ON AVIATION CAREER INCENTIVE

5 PAY.—Section 301a of title 37, United States Code, is

6 amended by striking subsection (f).

7 (b) ANNUAL REPORT ON EFFECTS OF CERTAIN INITIA8 TIVES ON RECRUITMENT AND RETENTION.—

9 (1) REPEAL.—Section 1015 of title 37, United

10 States Code, is repealed.

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 19 of such title is

13 amended by striking the item relating to section 1015.

14 (c) SECRETARY OF DEFENSE RECOMMENDATION ON

15 NEED FOR DEFENSE IMPACT REVIEW PROCESS.—Section

16 1041 of the National Defense Authorization Act for Fiscal

17 Year 2002 (Public Law 107–107; 115 Stat. 1217) is re18 pealed.

19 (d) REPORT ON PILOT PROGRAM TO ENHANCE MILI20 TARY RECRUITING BY IMPROVING MILITARY AWARENESS

21 OF SCHOOL COUNSELORS AND EDUCATORS.—Section 564

22 of the Floyd D. Spence National Defense Authorization Act

23 for Fiscal Year 2001 (as enacted into law by Public Law

24 106–398 (114 Stat. 1654A–134); 10 U.S.C. 503 note) is

25 amended by striking subsection (c).
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1 (e) ANNUAL REPORT ON MEDICAL INFORMATICS.—

2 Section 723(d) of the National Defense Authorization Act

3 for Fiscal Year 2000 (10 U.S.C. 1071 note) is amended—

4 (1) by striking paragraph (5); and

5 (2) by redesignating paragraphs (6) and (7) as

6 paragraphs (5) and (6), respectively.

7 (f) REPORT ON IMPOSITION OF ADDITIONAL CHARGES

8 OR FEES FOR ATTENDANCE AT CERTAIN ACADEMIES.—Sec9 tion 553(b) of the National Defense Authorization Act for

10 Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2772;

11 10 U.S.C. 4331 note) is amended by striking the second sen12 tence.

13 SEC. 1066. REPORT ON INCENTIVES TO ENCOURAGE CER14 TAIN MEMBERS AND FORMER MEMBERS OF

15 THE ARMED FORCES TO SERVE IN THE BU16 REAU OF CUSTOMS AND BORDER PROTEC17 TION.

18 (a) REPORT REQUIRED.—Not later than 60 days after

19 the date of the enactment of this Act, the Secretary of Home20 land Security and the Secretary of Defense shall jointly sub21 mit to the appropriate committees of Congress a report as22 sessing the desirability and feasibility of offering incentives

23 to covered members and former members of the Armed

24 Forces for the purpose of encouraging such members to serve

25 in the Bureau of Customs and Border Protection.
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1 (b) COVERED MEMBERS AND FORMER MEMBERS OF

2 THE ARMED FORCES.—For purposes of this section, covered

3 members and former members of the Armed Forces are the

4 following:

5 (1) Members of the reserve components of the

6 Armed Forces.

7 (2) Former members of the Armed Forces within

8 two years of separation from service in the Armed

9 Forces.

10 (c) REQUIREMENTS AND LIMITATIONS.—

11 (1) NATURE OF INCENTIVES.—In considering in12 centives for purposes of the report required by sub13 section (a), the Secretaries shall consider such incen14 tives, whether monetary or otherwise and whether or

15 not authorized by current law or regulations, as the

16 Secretaries jointly consider appropriate.

17 (2) TARGETING OF INCENTIVES.—In assessing

18 any incentive for purposes of the report, the Secre19 taries shall give particular attention to the utility of

20 such incentive in—

21 (A) encouraging service in the Bureau of

22 Customs and Border Protection after service in

23 the Armed Forces by covered members and

24 former of the Armed Forces who have provided

25 border patrol or border security assistance to the
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1 Bureau as part of their duties as members of the

2 Armed Forces; and

3 (B) leveraging military training and expe4 rience by accelerating training, or allowing cred5 it to be applied to related areas of training, re6 quired for service with the Bureau of Customs

7 and Border Protection.

8 (3) PAYMENT.—In assessing incentives for pur9 poses of the report, the Secretaries shall assume that

10 any costs of such incentives shall be borne by the De11 partment of Homeland Security.

12 (d) ELEMENTS.—The report required by subsection (a)

13 shall include the following:

14 (1) A description of various monetary and non15 monetary incentives considered for purposes of the re16 port.

17 (2) An assessment of the desirability and feasi18 bility of utilizing any such incentive for the purpose

19 specified in subsection (a), including an assessment of

20 the particular utility of such incentive in encouraging

21 service in the Bureau of Customs and Border Protec22 tion after service in the Armed Forces by covered

23 members and former members of the Armed Forces de24 scribed in subsection (c)(2).
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1 (3) Any other matters that the Secretaries jointly

2 consider appropriate.

3 (e) APPROPRIATE COMMITTEES OF CONGRESS DE4 FINED.—In this section, the term ‘‘appropriate committees

5 of Congress’’ means—

6 (1) the Committees on Armed Services, Home7 land Security and Governmental Affairs, and Appro8 priations of the Senate; and

9 (2) the Committees on Armed Services, Home10 land Security, and Appropriations of the House of

11 Representatives.

12 SEC. 1067. REPORT ON REPORTING REQUIREMENTS APPLI13 CABLE TO THE DEPARTMENT OF DEFENSE.

14 (a) REPORT REQUIRED.—

15 (1) IN GENERAL.—Not later than March 1, 2007,

16 the Secretary of Defense shall submit to the congres17 sional defense committees a report on each report de18 scribed in paragraph (2) that is required by law to

19 be submitted to the congressional defense committees

20 by the Department of Defense or any department,

21 agency, element, or component under the Department

22 of Defense.

23 (2) COVERED REPORTS.—Paragraph (1) applies

24 with respect to any report required under a provision

25 of law enacted on or after the date of the enactment
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1 of the National Defense Authorization Act for Fiscal

2 Year 2004 (Public Law 108–136) that requires recur3 ring reports to the committees referred to in that

4 paragraph.

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

6 shall set forth the following:

7 (1) Each report described by that subsection, in8 cluding a statement of the provision of law under

9 which such report is required to be submitted to Con10 gress.

11 (2) For each such report, an assessment by the

12 Secretary of the utility of such report from the per13 spective of the Department of Defense and a rec14 ommendation on the advisability of repealing the re15 quirement for the submittal of such report.

16 SEC. 1068. REPORT ON TECHNOLOGIES FOR NEUTRALIZING

17 OR DEFEATING THREATS TO MILITARY RO18 TARY WING AIRCRAFT FROM PORTABLE AIR

19 DEFENSE SYSTEMS AND ROCKET PROPELLED

20 GRENADES.

21 (a) IN GENERAL.—Not later than 180 days after the

22 date of the enactment of this Act, the Secretary of Defense

23 shall submit to Congress a report on technologies for neu24 tralizing or defeating threats to military rotary wing air25 craft posed by portable air defense systems and rocket pro-
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1 pelled grenades that are being researched, developed, em2 ployed, or considered by the United States Government or

3 the North Atlantic Treaty Organization.

4 (b) CONTENT.—The report required under subsection

5 (a) shall include—

6 (1) an assessment of the expected value and util7 ity of the technologies, particularly with respect to—

8 (A) the saving of lives;

9 (B) the ability to reduce the vulnerability of

10 aircraft; and

11 (C) the enhancement of the ability of air12 craft and their crews to accomplish assigned

13 missions;

14 (2) an assessment of the potential costs of devel15 oping and deploying such technologies;

16 (3) a description of efforts undertaken to develop

17 such technologies, including—

18 (A) non-lethal counter measures;

19 (B) lasers and other systems designed to

20 dazzle, impede, or obscure threatening weapon or

21 their users;

22 (C) direct fire response systems;

23 (D) directed energy weapons; and

24 (E) passive and active systems; and
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1 (4) a description of any impediments to the de2 velopment of such technologies, such as legal restric3 tions under the law of war, treaty restrictions under

4 the Protocol on Blinding Lasers, and political obsta5 cles such as the reluctance of other allied countries to

6 pursue such technologies.

7 SEC. 1069. REPORTS ON DEPARTMENT OF JUSTICE EF8 FORTS TO INVESTIGATE AND PROSECUTE

9 CASES OF CONTRACTING ABUSE IN IRAQ, AF10 GHANISTAN, AND THROUGHOUT THE WAR ON

11 TERROR.

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

13 (1) Waste, fraud, and abuse in contracting are

14 harmful to United States efforts to successfully win

15 the conflicts in Iraq and Afghanistan and succeed in

16 the war on terror. The act of stealing from our sol17 diers who are daily in harm’s way is clearly criminal

18 and must be actively prosecuted.

19 (2) It is a vital interest of United States tax20 payers to be protected from theft of their tax dollars

21 by corrupt contractors.

22 (3) Whistleblower lawsuits are an important tool

23 for exposing waste, fraud, and abuse and can identify

24 serious graft and corruption.
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1 (4) This issue is of paramount importance to the

2 United States taxpayer, and the Congress must be

3 provided with information about alleged contractor

4 waste, fraud, and abuse taking place in Iraq, Afghan5 istan, and throughout the war on terror and about the

6 efforts of the Department of Justice to combat these

7 crimes.

8 (b) REPORTS.—

9 (1) IN GENERAL.—Not later than 90 days after

10 the date of the enactment of this Act, and every 180

11 days thereafter, the Attorney General shall submit to

12 the Committee on the Judiciary and the Committee

13 on Homeland Security and Governmental Affairs of

14 the Senate, the Committee on the Judiciary and the

15 Committee on Government Reform of the House of

16 Representatives, and the congressional defense com17 mittees a report on efforts to investigate and prosecute

18 cases of waste, fraud, and abuse under sections 3729

19 and 3730(b) of title 31, United States Code, or any

20 other related law that are related to Federal con21 tracting in Iraq, Afghanistan, and throughout the

22 war on terror.

23 (2) CONTENT.—Each report submitted under

24 paragraph (1) shall include the following:
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1 (A) Information on organized efforts of the

2 Department of Justice that have been created to

3 ensure that the Department of Justice is inves4 tigating, in a timely and appropriate manner,

5 claims of contractor waste, fraud, and abuse re6 lated to the activities of the United States Gov7 ernment in Iraq, Afghanistan, and throughout

8 the war on terror.

9 (B) Information on the specific number of

10 personnel, financial resources, and workdays de11 voted to addressing this waste, fraud, and abuse,

12 including a complete listing of all of the offices

13 across the United States and throughout the

14 world that are working on these cases and an ex15 planation of the types of additional resources,

16 both in terms of personnel and finances, that the

17 Department of Justice needs to ensure that all of

18 these cases proceed on a timely basis.

19 (C) A detailed description of any internal

20 Department of Justice task force that exists to

21 work specifically on cases of contractor fraud

22 and abuse in Iraq, Afghanistan, and throughout

23 the war on terror, including a description of its

24 action plan, the frequency of its meetings, the

25 level and quantity of staff dedicated to it, its
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1 measures for success, the nature and substance of

2 the allegations, and the amount of funds in con3 troversy for each case. If there is a showing of ex4 traordinary circumstances that disclosure of par5 ticular information would pose an imminent

6 threat of harm to a relator and be detrimental

7 to the public interest, then this information

8 should be redacted in accordance with standard

9 practices.

10 (D) A detailed description of any inter11 agency task force that exists to work specifically

12 on cases of contractor waste, fraud, and abuse in

13 Iraq, Afghanistan, and throughout the war on

14 terror, including its action plan, the frequency of

15 its meetings, the level and quantity of staff dedi16 cated to it, its measures for success, the type, na17 ture, and substance of the allegations, and the

18 amount of funds in controversy for each case. If

19 there is a showing of extraordinary cir20 cumstances that disclosure of particular informa21 tion would pose an imminent threat of harm to

22 a relator and be detrimental to the public inter23 est, then this information should be redacted in

24 accordance with standard practices.
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1 (E) The names of the senior officials di2 rectly responsible for oversight of the efforts to

3 address these cases of contractor waste, fraud,

4 and abuse in Iraq, Afghanistan, and throughout

5 the war on terror.

6 (F) Specific information on the number of

7 investigators and other personnel that have been

8 provided to the Department of Justice by other

9 Federal departments and agencies in support of

10 the efforts of the Department of Justice to combat

11 contractor waste, fraud, and abuse in Iraq, Af12 ghanistan, and throughout the war on terror, in13 cluding data on the quantity of time that these

14 investigators have spent working within the De15 partment of Justice structures dedicated to this

16 effort.

17 (G) Specific information on the full number

18 of investigations, including grand jury investiga19 tions currently underway, that are addressing

20 these cases of contractor waste, fraud, and abuse

21 in Iraq, Afghanistan, and throughout the war on

22 terror.

23 (H) Specific information on the number

24 and status of the criminal cases that have been

25 launched to address contractor waste, fraud, and
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1 abuse in Iraq, Afghanistan, and throughout the

2 war on terror.

3 (I) Specific information on the number of

4 civil cases that have been filed to address con5 tractor waste, fraud, and abuse in Iraq, Afghani6 stan, and throughout the war on terror, includ7 ing specific information on the quantity of cases

8 initiated by private parties, as well as the quan9 tity of cases that have been referred to the De10 partment of Justice by the Department of De11 fense, the Department of State, and other rel12 evant Federal departments and agencies.

13 (J) Specific information on the resolved

14 civil and criminal cases that have been filed to

15 address contractor waste, fraud, and abuse in

16 Iraq, Afghanistan, and throughout the war on

17 terror, including the specific results of these

18 cases, the types of waste, fraud, and abuse that

19 took place, the amount of funds that were re20 turned to the United States Government as a re21 sult of resolution of these cases, and a full de22 scription of the type and substance of the waste,

23 fraud, and abuse that took place. If there is a

24 showing of extraordinary circumstances that dis25 closure of particular information would pose an
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1 imminent threat of harm to a relator and be det2 rimental to the public interest, then this infor3 mation should be redacted in accordance with

4 standard practices.

5 (K) The best estimate by the Department of

6 Justice of the scale of the problem of contractor

7 waste, fraud, and abuse in Iraq, Afghanistan,

8 and throughout the war on terror.

9 SEC. 1070. REPORT ON BIODEFENSE STAFFING AND TRAIN10 ING REQUIREMENTS IN SUPPORT OF NA11 TIONAL BIOSAFETY LABORATORIES.

12 (a) STUDY REQUIRED.—The Secretary of Defense

13 shall, in consultation with the Secretary of Homeland Secu14 rity and the Secretary of Health and Human Services, con15 duct a study to determine the staffing and training require16 ments for pending capital programs to construct biodefense

17 laboratories (including agriculture and animal labora18 tories) at Biosafety Level (BSL) 3 and Biosafety Level 4

19 or to expand current biodefense laboratories to such bio20 safety levels.

21 (b) ELEMENTS.—In conducting the study, the Sec22 retary of Defense shall address the following:

23 (1) The number of trained personnel, by dis24 cipline and qualification level, required for existing
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1 biodefense laboratories at Biosafety Level 3 and Bio2 safety Level 4.

3 (2) The number of research and support staff, in4 cluding researchers, laboratory technicians, animal

5 handlers, facility managers, facility or equipment

6 maintainers, biosecurity personnel (including bio7 safety, physical, and electronic security personnel),

8 and other safety personnel required to manage bio9 defense research efforts to combat bioterrorism at the

10 biodefense laboratories described in subsection (a).

11 (3) The training required to provide the per12 sonnel described by paragraphs (1) and (2), including

13 the type of training (whether classroom, laboratory,

14 or field training) required, the length of training re15 quired by discipline, and the curriculum required to

16 be developed for such training.

17 (4) Training schedules necessary to meet the

18 scheduled openings of the biodefense laboratories de19 scribed in subsection (a), including schedules for re20 fresher training and continuing education that may

21 be necessary for that purpose.

22 (c) REPORT.—Not later than December 31, 2006, the

23 Secretary of Defense shall submit to Congress a report set24 ting forth the results of the study conducted under this sec25 tion.
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1 SEC. 1070A. ANNUAL REPORT ON ACQUISITIONS OF ARTI2 CLES, MATERIALS, AND SUPPLIES MANUFAC3 TURED OUTSIDE THE UNITED STATES.

4 (a) IN GENERAL.—Not later than March 31 of each

5 year, the Department of Defense shall submit a report to

6 Congress on the amount of the acquisitions made by the

7 agency in the preceding fiscal year of articles, materials,

8 or supplies purchased from entities that manufacture the

9 articles, materials, or supplies outside of the United States.

10 (b) CONTENT.—Each report required by subsection (a)

11 shall separately indicate—

12 (1) the dollar value of any articles, materials, or

13 supplies purchased that were manufactured outside of

14 the United States;

15 (2) an itemized list of all waivers granted with

16 respect to such articles, materials, or supplies under

17 the Buy American Act (41 U.S.C. 10a et seq.); and

18 (3) a summary of—

19 (A) the total procurement funds expended

20 on articles, materials, and supplies manufac21 tured inside the United States; and

22 (B) the total procurement funds expended

23 on articles, materials, and supplies manufac24 tured outside the United States.

25 (c) PUBLIC AVAILABILITY.—The Department of De26 fense submitting a report under subsection (a) shall make
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1 the report publicly available to the maximum extent prac2 ticable.

3 (d) APPLICABILITY.—This section shall not apply to

4 acquisitions made by an agency, or component thereof, that

5 is an element of the intelligence community as set forth in

6 or designated under section 3(4) of the National Security

7 Act of 1947 (50 U.S.C. 401a(4)).

8 SEC. 1070B. ANNUAL REPORT ON FOREIGN SALES OF SIG9 NIFICANT MILITARY EQUIPMENT MANUFAC10 TURED INSIDE THE UNITED STATES.

11 (a) IN GENERAL.—Not later than March 31 of each

12 year, the Department of Defense shall submit a report to

13 Congress on foreign military sales and direct sales to for14 eign customers of significant military equipment manufac15 tured inside the United States.

16 (b) CONTENT.—Each report required by subsection (a)

17 shall indicate, for each sale in excess of $2,000,000—

18 (1) the nature of the military equipment sold

19 and the dollar value of the sale;

20 (2) the country to which the military equipment

21 was sold; and

22 (3) the manufacturer of the equipment and the

23 State in which the equipment was manufactured.
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1 (c) PUBLIC AVAILABILITY.—The Department of De2 fense shall make reports submitted under this section pub3 licly available to the maximum extent practicable.

4 SEC. 1070C. REPORT ON FEASIBILITY OF ESTABLISHING RE5 GIONAL COMBATANT COMMAND FOR AFRICA.

6 (a) IN GENERAL.—Not later than 180 days after the

7 date of the enactment of this Act, the Secretary of Defense

8 shall submit to the congressional defense committees and the

9 Committee on Foreign Relations of the Senate and the Com10 mittee on International Relations of the House of Rep11 resentatives a report on the establishment of a United States

12 Armed Forces regional combatant command for Africa.

13 (b) CONTENT.—The report required under subsection

14 (a) shall include—

15 (1) a study on the feasibility and desirability of

16 establishing of a United States Armed Forces regional

17 combatant command for Africa;

18 (2) an assessment of the benefits and problems

19 associated with establishing such a command; and

20 (3) an estimate of the costs, time, and resources

21 needed to establish such a command.
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1 SEC. 1070D. ANNUAL REPORTS ON EXPANDED USE OF UN2 MANNED AERIAL VEHICLES IN THE NATIONAL

3 AIRSPACE SYSTEM.

4 (a) FINDINGS.—The Senate makes the following find5 ings:

6 (1) Unmanned aerial vehicles (UAVs) serve De7 partment of Defense intelligence, surveillance, recon8 naissance, and combat missions.

9 (2) Operational reliability of unmanned systems

10 continues to improve and sense-and-avoid technology

11 development and fielding must continue in an effort

12 to provide unmanned aerial systems with an equiva13 lent level of safety to manned aircraft.

14 (3) Unmanned aerial vehicles have the potential

15 to support the Nation’s homeland defense mission,

16 border security mission, and natural disaster recovery

17 efforts.

18 (4) Accelerated development and testing of stand19 ards for the integration of unmanned aerial vehicles

20 in the National Airspace System would further the

21 increased safe use of such vehicles for border security,

22 homeland defense, and natural disaster recovery ef23 forts.

24 (b) ANNUAL REPORTS.—Not later than one year after

25 the date of the enactment of this Act and annually thereafter

26 until the Federal Aviation Administration promulgates
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1 such policy, the Secretary of Defense shall submit to the

2 Committees on Armed Services, Commerce, Science and

3 Transportation, and Homeland Security and Governmental

4 Affairs of the Senate and the Committees on Armed Serv5 ices, Energy and Commerce, and Government Reform of the

6 House of Representatives a report on the actions of the De7 partment of Defense to support the development by the Fed8 eral Aviation Administration of a policy on the testing and

9 operation of unmanned aerial vehicles in the National Air10 space System.

11 Subtitle H—Technical and

12 Conforming Amendments

13 SEC. 1071. UNIFORM DEFINITION OF NATIONAL SECURITY

14 SYSTEM FOR CERTAIN DEPARTMENT OF DE15 FENSE PURPOSES.

16 (a) DEFENSE BUSINESS SYSTEMS.—Section

17 2222(j)(6) of title 10, United States Code, is amended by

18 striking ‘‘section 2315 of this title’’ and inserting ‘‘section

19 3542(b)(2) of title 44’’.

20 (b) INFORMATION TECHNOLOGY.—Section 2223(c)(3)

21 of such title is amended by striking ‘‘section 11103 of title

22 40’’ and inserting ‘‘section 3542(b)(2) of title 44’’.

23 (c) PROCUREMENT OF AUTOMATIC DATA PROCESSING

24 EQUIPMENT AND SERVICES.—The text of section 2315 of

25 such title is amended to read as follows:
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1 ‘‘For the purposes of subtitle III of title 40, the term

2 ‘national security system’ has the meaning given that term

3 in section 3542(b)(2) of title 44.’’.

4 SEC. 1072. CONFORMING AMENDMENT RELATING TO RE5 DESIGNATION OF DEFENSE COMMUNICA6 TIONS AGENCY AS DEFENSE INFORMATION

7 SYSTEMS AGENCY.

8 Paragraph (1) of section 193(f) of title 10, United

9 States Code, is amended to read as follows:

10 ‘‘(1) The Defense Information Systems Agency.’’.

11 SEC. 1073. TECHNICAL AMENDMENT.

12 Effective as of the date of the enactment of the National

13 Defense Authorization Act for Fiscal Year 2006 (Public

14 Law 109–163) and as if included in the enactment thereof,

15 section 341(e) of such Act (119 Stat. 3199) is amended by

16 striking ‘‘(a)(1)(E)’’ and inserting ‘‘(a)(1)(F)’’.

17 Subtitle I—Other Matters

18 SEC. 1081. NATIONAL FOREIGN LANGUAGE COORDINATION

19 COUNCIL.

20 (a) ESTABLISHMENT.—

21 (1) IN GENERAL.—Effective on October 1, 2006,

22 there is established the National Foreign Language

23 Coordination Council (in this section referred to as

24 the ‘‘Council’’).
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1 (2) INDEPENDENT ESTABLISHMENT.—The Na2 tional Foreign Language Coordination Council shall

3 be an independent establishment as defined under sec4 tion 104 of title 5, United States Code.

5 (b) MEMBERSHIP.—The Council shall consist of the

6 following members or their designees:

7 (1) The National Language Director, who shall

8 serve as the chairperson of the Council.

9 (2) The Secretary of Education.

10 (3) The Secretary of Defense.

11 (4) The Secretary of State.

12 (5) The Secretary of Homeland Security.

13 (6) The Attorney General.

14 (7) The Director of National Intelligence.

15 (8) The Secretary of Labor.

16 (9) The Director of the Office of Personnel Man17 agement.

18 (10) The Director of the Office of Management

19 and Budget.

20 (11) The Secretary of Commerce.

21 (12) The Secretary of Health and Human Serv22 ices.

23 (13) The Secretary of the Treasury.

24 (14) The Secretary of Housing and Urban Devel25 opment.
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1 (15) The Secretary of Agriculture.

2 (16) The Chairman and President of the Export3 Import Bank of the United States.

4 (17) The heads of such other Federal agencies as

5 the Council considers appropriate.

6 (c) RESPONSIBILITIES.—

7 (1) IN GENERAL.—The Council shall be charged

8 with—

9 (A) developing a national foreign language

10 strategy, within 18 months of the date of the en11 actment of this Act, in consultation with—

12 (i) State and local government agen13 cies;

14 (ii) academic sector institutions;

15 (iii) foreign language related interest

16 groups;

17 (iv) business associations;

18 (v) industry;

19 (vi) heritage associations; and

20 (vii) other relevant stakeholders;

21 (B) conducting a survey of the extent of

22 Federal agency foreign language and area exper23 tise, and of Federal agency needs for such exper24 tise;
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1 (C) identifying and evaluating the ade2 quacy of Federal foreign language programs, in3 cluding any duplicative or overlapping programs

4 that may impede efficiency; and

5 (D) monitoring the implementation of such

6 strategy through—

7 (i) application of current and recently

8 enacted laws; and

9 (ii) the promulgation and enforcement

10 of rules and regulations.

11 (2) STRATEGY CONTENT.—The strategy developed

12 under paragraph (1) shall include—

13 (A) identification of priorities to expand

14 foreign language skills in the public and private

15 sectors;

16 (B) recommendations for improving coordi17 nation of foreign language programs and activi18 ties among Federal agencies, enhancing Federal

19 foreign language programs and activities, and

20 allocating resources appropriately in order to

21 maximize the use of resources;

22 (C) needed national policies and cor23 responding legislative and regulatory actions in

24 support of, and allocation of designated resources

25 to, promising programs and initiatives at all
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1 levels (Federal, State, and local), especially in

2 the less commonly taught languages that are seen

3 as critical for national security and global com4 petitiveness during the next 20 to 50 years;

5 (D) effective ways to increase public aware6 ness of the need for foreign language skills and

7 career paths in the public and private sectors

8 that can employ those skills, with the objective of

9 increasing support for foreign language study

10 among—

11 (i) Federal, State, and local leaders;

12 (ii) students;

13 (iii) parents;

14 (iv) elementary, secondary, and post15 secondary educational institutions; and

16 (v) employers;

17 (E) recommendations for incentives for de18 veloping related educational programs, including

19 foreign language teacher training;

20 (F) coordination of public and private sec21 tor efforts to provide foreign language instruc22 tion and acquire foreign language and area ex23 pertise;
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1 (G) coordination of public and private sec2 tor initiatives to develop a strategic posture for

3 language research;

4 (H) recommendations for—

5 (i) the development of foreign language

6 achievement standards; and

7 (ii) corresponding assessments of for8 eign language achievement standards for the

9 elementary, secondary, and postsecondary

10 education levels, including the National As11 sessment of Educational Progress in foreign

12 languages;

13 (I) recommendations for development of—

14 (i) language skill-level certification

15 standards;

16 (ii) frameworks for pre-service and

17 professional development study for those

18 who teach foreign language;

19 (iii) suggested graduation criteria for

20 foreign language studies in non-language

21 areas, such as—

22 (I) international business;

23 (II) national security;

24 (III) public administration;

25 (IV) health care;
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1 (V) engineering;

2 (VI) law;

3 (VII) journalism; and

4 (VIII) sciences;

5 (J) identification of and means for repli6 cating best practices for teaching foreign lan7 guages in the public and private sectors, includ8 ing best practices from the international commu9 nity; and

10 (K) recommendations for overcoming bar11 riers in foreign language proficiency.

12 (d) SUBMISSION OF STRATEGY TO PRESIDENT AND

13 CONGRESS.—Not later than 18 months after the date of the

14 enactment of this Act, the Council shall prepare and trans15 mit to the President and the relevant committees of Con16 gress the national foreign language strategy required under

17 subsection (c).

18 (e) MEETINGS.—The Council may hold such meetings,

19 and sit and act at such times and places, as the Council

20 considers appropriate, but shall meet in formal session at

21 least 2 times a year. State and local government agencies

22 and other organizations (such as academic sector institu23 tions, foreign language-related interest groups, business as24 sociations, industry, and heritage community organiza-
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1 tions) shall be invited, as appropriate, to public meetings

2 of the Council at least once a year.

3 (f) STAFF.—

4 (1) IN GENERAL.—The Director may—

5 (A) appoint, without regard to the provi6 sions of title 5, United States Code, governing

7 the competitive service, such personnel as the Di8 rector considers necessary; and

9 (B) compensate such personnel without re10 gard to the provisions of chapter 51 and sub11 chapter III of chapter 53 of that title.

12 (2) DETAIL OF GOVERNMENT EMPLOYEES.—

13 Upon request of the Council, any Federal Government

14 employee may be detailed to the Council without re15 imbursement, and such detail shall be without inter16 ruption or loss of civil service status or privilege.

17 (3) EXPERTS AND CONSULTANTS.—With the ap18 proval of the Council, the Director may procure tem19 porary and intermittent services under section

20 3109(b) of title 5, United States Code.

21 (4) TRAVEL EXPENSES.—Council members and

22 staff shall be allowed travel expenses, including per

23 diem in lieu of subsistence, at rates authorized for

24 employees of agencies under subchapter I of chapter

25 57 of title 5, United States Code, while away from
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1 their homes or regular places of business in the per2 formance of services for the Council.

3 (5) SECURITY CLEARANCE.—

4 (A) IN GENERAL.—Subject to subparagraph

5 (B), the appropriate Federal agencies or depart6 ments shall cooperate with the Council in expedi7 tiously providing to the Council members and

8 staff appropriate security clearances to the extent

9 possible pursuant to existing procedures and re10 quirements.

11 (B) EXCEPTION.—No person shall be pro12 vided with access to classified information under

13 this section without the appropriate required se14 curity clearance access.

15 (6) COMPENSATION.—The rate of pay for any

16 employee of the Council (including the Director) may

17 not exceed the rate payable for level V of the Executive

18 Schedule under section 5316 of title 5, United States

19 Code.

20 (g) POWERS.—

21 (1) DELEGATION.—Any member or employee of

22 the Council may, if authorized by the Council, take

23 any action that the Council is authorized to take in

24 this section.

25 (2) INFORMATION.—
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1 (A) COUNCIL AUTHORITY TO SECURE.—The

2 Council may secure directly from any Federal

3 agency such information, consistent with Federal

4 privacy laws, including the Family Educational

5 Rights and Privacy Act (20 U.S.C. 1232g) and

6 the Department of Education’s General Edu7 cation Provisions Act (20 U.S.C. 1232(h)), the

8 Council considers necessary to carry out its re9 sponsibilities.

10 (B) REQUIREMENT TO FURNISH RE11 QUESTED INFORMATION.—Upon request of the

12 Director, the head of such agency shall furnish

13 such information to the Council.

14 (3) DONATIONS.—The Council may accept, use,

15 and dispose of gifts or donations of services or prop16 erty.

17 (4) MAIL.—The Council may use the United

18 States mail in the same manner and under the same

19 conditions as other Federal agencies.

20 (h) CONFERENCES, NEWSLETTER, AND WEBSITE.—In

21 carrying out this section, the Council—

22 (1) may arrange Federal, regional, State, and

23 local conferences for the purpose of developing and co24 ordinating effective programs and activities to im25 prove foreign language education;
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1 (2) may publish a newsletter concerning Federal,

2 State, and local programs that are effectively meeting

3 the foreign language needs of the nation; and

4 (3) shall create and maintain a website con5 taining information on the Council and its activities,

6 best practices on language education, and other rel7 evant information.

8 (i) REPORTS.—Not later than April 1, 2007, and an9 nually thereafter, the Council shall prepare and transmit

10 to the President and the relevant committees of Congress

11 a report that describes—

12 (1) the activities of the Council to develop the

13 national foreign language strategy required under

14 subsection (c);

15 (2) the findings of the Council as of the date of

16 such report;

17 (3) the efforts of the Council to improve foreign

18 language education and training; and

19 (4) impediments identified by the Council to the

20 implementation of a comprehensive national foreign

21 language strategy, including any statutory and regu22 latory restrictions.

23 (j) ESTABLISHMENT OF NATIONAL LANGUAGE DIREC24 TOR.—
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1 (1) IN GENERAL.—There is established a Na2 tional Language Director who shall be appointed by

3 the President. The National Language Director shall

4 be a nationally recognized individual with credentials

5 and abilities in the public and private sectors to be

6 involved with creating and implementing long-term

7 solutions to achieving national foreign language and

8 cultural competency.

9 (2) RESPONSIBILITIES.—The National Language

10 Director shall—

11 (A) develop and monitor the implementa12 tion of a national foreign language strategy

13 across the public and private sectors;

14 (B) establish formal relationships among

15 the major stakeholders in meeting the needs of

16 the Nation for improved capabilities in foreign

17 languages and cultural understanding, including

18 Federal, State, and local government agencies,

19 academia, industry, labor, and heritage commu20 nities; and

21 (C) coordinate and lead a public informa22 tion campaign that raises awareness of public

23 and private sector careers requiring foreign lan24 guage skills and cultural understanding, with the

25 objective of increasing interest in and support
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1 for the study of foreign languages among na2 tional leaders, the business community, local offi3 cials, parents, and individuals.

4 (k) ENCOURAGEMENT OF STATE INVOLVEMENT.—

5 (1) STATE CONTACT PERSONS.—The Council

6 shall consult with each State to provide for the des7 ignation by each State of an individual to serve as

8 a State contact person for the purpose of receiving

9 and disseminating information and communications

10 received from the Council.

11 (2) STATE INTERAGENCY COUNCILS AND LEAD

12 AGENCIES.—Each State is encouraged to establish a

13 State interagency council on foreign language coordi14 nation or designate a lead agency for the State for the

15 purpose of assuming primary responsibility for co16 ordinating and interacting with the Council and

17 State and local government agencies as necessary.

18 (l) SUNSET.—This section shall cease to have effect on

19 September 30, 2015.

20 (m) AUTHORIZATION OF APPROPRIATIONS.—There is

21 authorized to be appropriated for fiscal year 2007,

22 $1,500,000 to carry out this section.
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1 SEC. 1082. SUPPORT OF SUCCESSOR ORGANIZATIONS OF

2 THE DISESTABLISHED INTERAGENCY GLOBAL

3 POSITIONING SYSTEM EXECUTIVE BOARD.

4 Section 8 of the Commercial Space Transportation

5 Competitiveness Act of 2000 (Public Law 106–405; 114

6 Stat. 1753; 10 U.S.C. 2281 note) is amended by striking

7 ‘‘the Interagency Global Positioning System Executive

8 Board, including an Executive Secretariat to be housed at

9 the Department of Commerce’’ and inserting ‘‘the National

10 Space-Based Positioning, Navigation, and Timing Execu11 tive Committee, the National Space-Based Positioning,

12 Navigation, and Timing Coordination Office, and the Na13 tional Space-Based Positioning, Navigation, and Timing

14 Advisory Board, and any successor organization’’.

15 SEC. 1083. QUADRENNIAL DEFENSE REVIEW.

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

17 (1) The Quadrennial Defense Review (QDR)

18 under section 118 of title 10, United States Code, is

19 vital in laying out the strategic military planning

20 and threat objectives of the Department of Defense.

21 (2) The Quadrennial Defense Review is critical

22 to identifying the correct mix of military planning

23 assumptions, defense capabilities, and strategic fo24 cuses for the Armed Forces of the United States.

25 (b) SENSE OF CONGRESS.—It is the sense of Congress

26 that the Quadrennial Defense Review is intended to provide
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1 more than an overview of global threats and the general

2 strategic orientation of the Department of Defense.

3 (c) IMPROVEMENTS TO QUADRENNIAL DEFENSE RE4 VIEW.—

5 (1) CONDUCT OF REVIEW.—Subsection (b) of sec6 tion 118 of title 10, United States Code, is

7 amended—

8 (A) in paragraph (2), by striking ‘‘and’’ at

9 the end;

10 (B) in paragraph (3), by striking the period

11 at the end and inserting ‘‘; and’’; and

12 (C) by adding at the end the following new

13 paragraph:

14 ‘‘(4) to make recommendations that are not con15 strained to comply with the budget submitted to Con16 gress by the President pursuant to section 1105 of

17 title 31.’’.

18 (2) ADDITIONAL ELEMENT IN REPORT TO CON19 GRESS.—Subsection (d) of such section is amended—

20 (A) in paragraph (1), by inserting ‘‘, the

21 strategic planning guidance,’’ after ‘‘United

22 States’’;

23 (B) by redesignating paragraphs (9)

24 through (15) as paragraphs (10) through (16),

25 respectively; and
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1 (C) by inserting after paragraph (8) the fol2 lowing new paragraph (9):

3 ‘‘(9) The specific capabilities, including the gen4 eral number and type of specific military platforms,

5 needed to achieve the strategic and warfighting objec6 tives identified in the review.’’.

7 (3) CJCS REVIEW.—Subsection (e)(1) of such

8 section is amended by inserting before the period at

9 the end the following: ‘‘ and a description of the capa10 bilities needed to address such risk’’.

11 (4) INDEPENDENT ASSESSMENT.—Such section is

12 further amended by adding at the end the following

13 new subsection:

14 ‘‘(f) INDEPENDENT ASSESSMENT.—(1) Not later than

15 one year before the date a report on a quadrennial defense

16 review is to be submitted to Congress under subsection (d),

17 the President shall appoint a panel to conduct an inde18 pendent assessment of the review.

19 ‘‘(2) The panel appointed under paragraph (1) shall

20 be composed of seven individuals (who may not be employ21 ees of the Department of Defense) as follows:

22 ‘‘(A) Three members shall be appointed by the

23 President.

24 ‘‘(B) One member shall be appointed by the

25 President in consultation with, and based on the rec-
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1 ommendations of, the Speaker of the House of Rep2 resentatives.

3 ‘‘(C) One member shall be appointed by the

4 President in consultation with, and based on the rec5 ommendations of, the Minority Leader of the House

6 of Representatives.

7 ‘‘(D) One member shall be appointed by the

8 President in consultation with, and based on the rec9 ommendations of, the Majority Leader of the Senate.

10 ‘‘(E) One member shall be appointed by the

11 President in consultation with, and based on the rec12 ommendations of, the Minority Leader of the Senate.

13 ‘‘(3) Not later than three months after the date that

14 the report on a quadrennial defense review is submitted to

15 Congress under subsection (d), the panel appointed under

16 paragraph (2) shall provide to the congressional defense

17 committees an assessment of the assumptions, planning

18 guidelines, recommendations, and realism of the review.’’.

19 SEC. 1084. SENSE OF CONGRESS ON THE COMMENDABLE

20 ACTIONS OF THE ARMED FORCES.

21 (a) FINDINGS.—Congress finds that—

22 (1) on June 7, 2006, the United States Armed

23 Forces conducted an air raid near the City of

24 Baquba, northeast of Baghdad, Iraq, that resulted in

25 the death of Ahmad Fadeel al-Nazal al-Khalayleh,
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1 better known as Abu Musab al-Zarqawi, the leader of

2 the al-Qaeda in Iraq terrorist organization and the

3 most wanted terrorist in Iraq;

4 (2) Zarqawi, as the operational commander of

5 al-Qaeda in Iraq, led a brutal campaign of suicide

6 bombings, car bombings, assassinations, and abduc7 tions that caused the deaths of many members of the

8 United States Armed Forces, civilian officials of the

9 United States Government, thousands of innocent

10 Iraqi civilians, and innocent civilians of other na11 tions;

12 (3) Zarqawi publicly swore his allegiance to

13 Osama bin Laden and al-Qaeda in 2004, and

14 changed the name of his terrorist organization from

15 the ‘‘Monotheism and Holy War Group’’ to ‘‘al-Qaeda

16 in Iraq’’;

17 (4) in an audiotape broadcast in December 2004,

18 Osama bin Laden, the leader of al-Qaeda’s worldwide

19 terrorist organization, called Zarqawi ‘‘the prince of

20 al-Qaeda in Iraq’’;

21 (5) 3 perpetrators confessed to being paid by

22 Zarqawi to carry out the October 2002 assassination

23 of the United States diplomat, Lawrence Foley, in

24 Amman, Jordan;
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1 (6) the Monotheism and Holy War Group

2 claimed responsibility for—

3 (A) the August 2003 suicide attack that de4 stroyed the United Nations headquarters in

5 Baghdad and killed the United Nations envoy to

6 Iraq Sergio Vieira de Mello along with 21 other

7 people; and

8 (B) the suicide attack on the Imam Ali

9 Mosque in Najaf that occurred less than 2 weeks

10 later, which killed at least 85 people, including

11 the Ayatollah Sayed Mohammed Baqr al-Hakim,

12 and wounded dozens more;

13 (7) Zarqawi is believed to have personally be14 headed American hostage Nicholas Berg in May 2004;

15 (8) in May 2004, Zarqawi was implicated in a

16 car bombing that killed Izzadine Salim, the rotating

17 president of the Iraqi Governing Council;

18 (9) in November 2005, al-Qaeda in Iraq attacked

19 3 hotels in Amman, Jordan, killing at least 67 inno20 cent civilians;

21 (10) Zarqawi and his terrorist organization were

22 directly responsible for numerous other brutal ter23 rorist attacks against the American and coalition

24 troops, Iraqi security forces and recruits, and inno25 cent Iraqi civilians;
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1 (11) Zarqawi sought to turn Iraq into a safe

2 haven for al-Qaeda;

3 (12) to achieve that end, Zarqawi stated his op4 position to the democratically elected government of

5 Iraq and worked to divide the Iraqi people, foment

6 sectarian violence, and incite a civil war in Iraq; and

7 (13) the men and women of the United States

8 Armed Forces, the intelligence community, and other

9 agencies, along with coalition partners and the Iraqi

10 Security Forces, should be commended for their cour11 age and extraordinary efforts to track down the most

12 wanted terrorist in Iraq and to secure a free and

13 prosperous future for the people of Iraq.

14 (b) SENSE OF CONGRESS.—It is the sense of Congress

15 that Congress—

16 (1) commends the United States Armed Forces,

17 the intelligence community, and other agencies, along

18 with coalition partners, for the actions taken through

19 June 7, 2006, that resulted in the death of Abu Musab

20 al-Zarqawi, the leader of the al-Qaeda in Iraq ter21 rorist organization and the most wanted terrorist in

22 Iraq;

23 (2) commends the United States Armed Forces,

24 the intelligence community, and other agencies for

25 this action and their exemplary performance in striv-
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1 ing to bring freedom, democracy, and security to the

2 people of Iraq;

3 (3) commends the coalition partners of the

4 United States, the new government of Iraq, and mem5 bers of the Iraqi Security Forces for their invaluable

6 assistance in that operation and their extraordinary

7 efforts to secure a free and prosperous Iraq;

8 (4) commends our civilian and military leader9 ship for their continuing efforts to eliminate the lead10 ership of al-Qaeda in Iraq, and also commends the

11 new government of Iraq, led by Prime Minister

12 Jawad al-Maliki, for its contribution to that achieve13 ment;

14 (5) recognizes that the death of Abu Musab al15 Zarqawi is a victory for American and coalition

16 forces in the global war on terror and a blow to the

17 al-Qaeda terrorist organization;

18 (6) commends the Iraqi Prime Minister Jawad

19 al-Maliki on the finalization of the new Iraqi cabinet;

20 (7) urges the democratically elected government

21 in Iraq to use this opportunity to defeat the terrorist

22 enemy, to put an end to ethnic and sectarian violence,

23 and to achieve a free, prosperous, and secure future

24 for Iraq; and
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1 (8) affirms that the Senate will continue to sup2 port the United States Armed Forces, the democrat3 ically elected unity government of Iraq, and the peo4 ple of Iraq in their quest to secure a free, prosperous,

5 and democratic Iraq.

6 SEC. 1085. BUDGETING FOR ONGOING MILITARY OPER7 ATIONS.

8 The President’s budget submitted pursuant to section

9 1105(a) of title 31, United States Code, for each fiscal year

10 after fiscal year 2007 shall include—

11 (1) a request for funds for such fiscal year for

12 ongoing military operations in Afghanistan and Iraq;

13 (2) an estimate of all funds expected to be re14 quired in that fiscal year for such operations; and

15 (3) a detailed justification of the funds requested.

16 SEC. 1086. COURT SECURITY IMPROVEMENTS.

17 (a) JUDICIAL BRANCH SECURITY REQUIREMENTS.—

18 (1) ENSURING CONSULTATION AND COORDINA19 TION WITH THE JUDICIARY.—Section 566 of title 28,

20 United States Code, is amended by adding at the end

21 the following:

22 ‘‘(i) The Director of the United States Marshals Serv23 ice shall consult and coordinate with the Judicial Con24 ference of the United States on a continuing basis regarding
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1 the security requirements for the judicial branch of the

2 United States Government.’’.

3 (2) CONFORMING AMENDMENT.—Section 331 of

4 title 28, United States Code, is amended by adding

5 at the end the following:

6 ‘‘The Judicial Conference shall consult and coordinate

7 with the Director of United States Marshals Service on a

8 continuing basis regarding the security requirements for the

9 judicial branch of the United States Government.’’.

10 (b) PROTECTION OF FAMILY MEMBERS.—Section

11 105(b)(3) of the Ethics in Government Act of 1978 (5

12 U.S.C. App.) is amended—

13 (1) in subparagraph (A), by inserting ‘‘or a fam14 ily member of that individual’’ after ‘‘that indi15 vidual’’; and

16 (2) in subparagraph (B)(i), by inserting ‘‘or a

17 family member of that individual’’ after ‘‘the report’’.

18 (c) EXTENSION OF SUNSET PROVISION.—Section

19 105(b)(3) of the Ethics in Government Act of 1978 (5

20 U.S.C. App.) is amended by striking ‘‘2005’’ each place that

21 term appears and inserting ‘‘2009’’.

22 (d) PROTECTIONS AGAINST MALICIOUS RECORDING OF

23 FICTITIOUS LIENS AGAINST FEDERAL JUDGES AND FED24 ERAL LAW ENFORCEMENT OFFICERS.—
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1 (1) OFFENSE.—Chapter 73 of title 18, United

2 States Code, is amended by adding at the end the fol3 lowing:

4 ‘‘SEC. 1521. RETALIATING AGAINST A FEDERAL JUDGE OR

5 FEDERAL LAW ENFORCEMENT OFFICER BY

6 FALSE CLAIM OR SLANDER OF TITLE.

7 ‘‘(a) Whoever files or attempts to file, in any public

8 record or in any private record which is generally available

9 to the public, any false lien or encumbrance against the

10 real or personal property of a Federal judge or a Federal

11 law enforcement official, on account of the performance of

12 official duties by that Federal judge or Federal law enforce13 ment official, knowing or having reason to know that such

14 lien or encumbrance is false or contains any materially

15 false, fictitious, or fraudulent statement or representation,

16 shall be fined under this title or imprisoned for not more

17 than 10 years, or both.

18 ‘‘(b) As used in this section—

19 ‘‘(1) the term ‘Federal judge’ means a justice or

20 judge of the United States as defined in section 451

21 of title 28, United States Code, a judge of the United

22 States Court of Federal Claims, a United States

23 bankruptcy judge, a United States magistrate judge,

24 and a judge of the United States Court of Appeals for

25 the Armed Forces, United States Court of Appeals for
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1 Veterans Claims, United States Tax Court, District

2 Court of Guam, District Court of the Northern Mar3 iana Islands, or District Court of the Virgin Islands;

4 and

5 ‘‘(2) the term ‘Federal law enforcement officer’

6 has the meaning given that term in section 115 of

7 this title and includes an attorney who is an officer

8 or employee of the United States in the executive

9 branch of the Government.’’.

10 (2) CLERICAL AMENDMENT.—The chapter anal11 ysis for chapter 73 of title 18, United States Code, is

12 amended by adding at the end the following new item:

‘‘1521. Retaliating against a Federal judge or Federal law enforcement officer

by false claim or slander of title.’’.

13 (e) PROTECTION OF INDIVIDUALS PERFORMING CER14 TAIN OFFICIAL DUTIES.—

15 (1) OFFENSE.—Chapter 7 of title 18, United

16 States Code, is amended by adding at the end the fol17 lowing:

18 ‘‘SEC. 118. PROTECTION OF INDIVIDUALS PERFORMING

19 CERTAIN OFFICIAL DUTIES.

20 ‘‘(a) Whoever knowingly makes restricted personal in21 formation about a covered official, or a member of the im22 mediate family of that covered official, publicly available,

23 with the intent that such restricted personal information

24 be used to kill, kidnap, or inflict bodily harm upon, or to
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1 threaten to kill, kidnap, or inflict bodily harm upon, that

2 covered official, or a member of the immediate family of

3 that covered official, shall be fined under this title and im4 prisoned not more than 5 years, or both.

5 ‘‘(b) As used in this section—

6 ‘‘(1) the term ‘restricted personal information’

7 means, with respect to an individual, the Social Secu8 rity number, the home address, home phone number,

9 mobile phone number, personal email, or home fax

10 number of, and identifiable to, that individual;

11 ‘‘(2) the term ‘covered official’ means—

12 ‘‘(A) an individual designated in section

13 1114;

14 ‘‘(B) a Federal judge or Federal law en15 forcement officer as those terms are defined in

16 section 1521; or

17 ‘‘(C) a grand or petit juror, witness, or

18 other officer in or of, any court of the United

19 States, or an officer who may be serving at any

20 examination or other proceeding before any

21 United States magistrate judge or other commit22 ting magistrate; and

23 ‘‘(3) the term ‘immediate family’ has the same

24 meaning given that term in section 115(c)(2).’’.
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1 (2) CLERICAL AMENDMENT.—The chapter anal2 ysis for chapter 7 of title 18, United States Code, is

3 amended by adding at the end the following:

‘‘Sec. 117. Domestic assault by an habitual offender.

‘‘Sec. 118. Protection of individuals performing certain official duties.’’.

4 (f) PROHIBITION OF POSSESSION OF DANGEROUS

5 WEAPONS IN FEDERAL COURT FACILITIES.—Section

6 930(e)(1) of title 18, United States Code, is amended by

7 inserting ‘‘or other dangerous weapon’’ after ‘‘firearm’’.

8 (g) CLARIFICATION OF VENUE FOR RETALIATION

9 AGAINST A WITNESS.—Section 1513 of title 18, United

10 States Code, is amended by adding at the end the following:

11 ‘‘(g) A prosecution under this section may be brought

12 in the district in which the official proceeding (whether or

13 not pending, about to be instituted or completed) was in14 tended to be affected, or in which the conduct constituting

15 the alleged offense occurred.’’.

16 (h) WITNESS PROTECTION GRANT PROGRAM.—Title I

17 of the Omnibus Crime Control and Safe Streets Act of 1968

18 (42 U.S.C. 3711 et seq.) is amended by adding at the end

19 the following new part:

20 ‘‘PART JJ—WITNESS PROTECTION GRANTS

21 ‘‘SEC. 3001. PROGRAM AUTHORIZED.

22 ‘‘(a) IN GENERAL.—From amounts made available to

23 carry out this part, the Attorney General may make grants

24 to States, units of local government, and Indian tribes to
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1 create and expand witness protection programs in order to

2 prevent threats, intimidation, and retaliation against vic3 tims of, and witnesses to, crimes.

4 ‘‘(b) USES OF FUNDS.—Grants awarded under this

5 part shall be—

6 ‘‘(1) distributed directly to the State, unit of

7 local government, or Indian tribe; and

8 ‘‘(2) used for the creation and expansion of wit9 ness protection programs in the jurisdiction of the

10 grantee.

11 ‘‘(c) PREFERENTIAL CONSIDERATION.—In awarding

12 grants under this part, the Attorney General may give pref13 erential consideration, if feasible, to an application from

14 a jurisdiction that—

15 ‘‘(1) has the greatest need for witness and victim

16 protection programs;

17 ‘‘(2) has a serious violent crime problem in the

18 jurisdiction; and

19 ‘‘(3) has had, or is likely to have, instances of

20 threats, intimidation, and retaliation against victims

21 of, and witnesses to, crimes.

22 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to carry out this section

24 $20,000,000 for each of fiscal years 2006 through 2010.’’.
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1 (i) GRANTS TO STATES TO PROTECT WITNESSES AND

2 VICTIMS OF CRIMES.—

3 (1) IN GENERAL.—Section 31702 of the Violent

4 Crime Control and Law Enforcement Act of 1994 (42

5 U.S.C. 13862) is amended—

6 (A) in paragraph (3), by striking ‘‘and’’ at

7 the end;

8 (B) in paragraph (4), by striking the period

9 and inserting ‘‘; and’’; and

10 (C) by adding at the end the following:

11 ‘‘(5) to create and expand witness and victim

12 protection programs to prevent threats, intimidation,

13 and retaliation against victims of, and witnesses to,

14 violent crimes.’’.

15 (2) AUTHORIZATION OF APPROPRIATIONS.—Sec16 tion 31707 of the Violent Crime Control and Law En17 forcement Act of 1994 (42 U.S.C. 13867) is amended

18 to read as follows:

19 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘There are authorized to be appropriated $20,000,000

21 for each of the fiscal years 2006 through 2010 to carry out

22 this subtitle.’’.

23 (j) ELIGIBILITY OF STATE COURTS FOR CERTAIN FED24 ERAL GRANTS.—
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1 (1) CORRECTIONAL OPTIONS GRANTS.—Section

2 515 of the Omnibus Crime Control and Safe Streets

3 Act of 1968 (42 U.S.C. 3762a) is amended—

4 (A) in subsection (a)—

5 (i) in paragraph (2), by striking

6 ‘‘and’’ at the end;

7 (ii) in paragraph (3), by striking the

8 period and inserting ‘‘; and’’; and

9 (iii) by adding at the end the fol10 lowing:

11 ‘‘(4) grants to State courts to improve security

12 for State and local court systems.’’; and

13 (B) in subsection (b), by inserting after the

14 period the following:

15 ‘‘Priority shall be given to State court applicants under

16 subsection (a)(4) that have the greatest demonstrated need

17 to provide security in order to administer justice.’’.

18 (2) ALLOCATIONS.—Section 516(a) of the Omni19 bus Crime Control and Safe Streets Act of 1968 (42

20 U.S.C. 3762b) is amended by—

21 (A) striking ‘‘80’’ and inserting ‘‘70’’;

22 (B) striking ‘‘and 10’’ and inserting ‘‘10’’;

23 and

24 (C) inserting before the period the following:

25 ‘‘, and 10 percent for section 515(a)(4)’’.
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1 (k) BANKRUPTCY, MAGISTRATE, AND TERRITORIAL

2 JUDGES LIFE INSURANCE.—

3 (1) BANKRUPTCY JUDGES.—Section 153 of title

4 28, United States Code, is amended by adding at the

5 end the following:

6 ‘‘(e) For purposes of construing and applying chapter

7 87 of title 5, United States Code, including any adjustment

8 of insurance rates by regulation or otherwise, a bankruptcy

9 judge of the United States in regular active service or who

10 is retired under section 377 of this title shall be deemed

11 to be a judge of the United States described under section

12 8701(a)(5) of title 5.’’.

13 (2) UNITED STATES MAGISTRATE JUDGES.—Sec14 tion 634(c) of title 28, United States Code, is

15 amended—

16 (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

17 (B) by adding at the end the following:

18 ‘‘(2) For purposes of construing and applying

19 chapter 87 of title 5, United States Code, including

20 any adjustment of insurance rates by regulation or

21 otherwise, a magistrate judge of the United States in

22 regular active service or who is retired under section

23 377 of this title shall be deemed to be a judge of the

24 United States described under section 8701(a)(5) of

25 title 5.’’.
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1 (3) TERRITORIAL JUDGES.—

2 (A) GUAM.—Section 24 of the Organic Act

3 of Guam (48 U.S.C. 1424b) is amended by add4 ing at the end the following:

5 ‘‘(c) For purposes of construing and applying chapter

6 87 of title 5, United States Code, including any adjustment

7 of insurance rates by regulation or otherwise, a judge ap8 pointed under this section who is in regular active service

9 or who is retired under section 373 of title 28, United States

10 Code, shall be deemed to be a judge of the United States

11 described under section 8701(a)(5) of title 5.’’.

12 (B) COMMONWEALTH OF THE NORTHERN

13 MARIANA ISLANDS.—Section 1(b) of the Act of

14 November 8, 1977 (48 U.S.C. 1821) is amended

15 by adding at the end the following:

16 ‘‘(5) For purposes of construing and applying

17 chapter 87 of title 5, United States Code, including

18 any adjustment of insurance rates by regulation or

19 otherwise, a judge appointed under this section who

20 is in regular active service or who is retired under

21 section 373 of title 28, United States Code, shall be

22 deemed to be a judge of the United States described

23 under section 8701(a)(5) of title 5.’’.
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1 (C) VIRGIN ISLANDS.—Section 24(a) of the

2 Revised Organic Act of the Virgin Islands (48

3 U.S.C. 1614(a)) is amended—

4 (i) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

5 (ii) by adding at the end the following:

6 ‘‘(2) For purposes of construing and applying

7 chapter 87 of title 5, United States Code, including

8 any adjustment of insurance rates by regulation or

9 otherwise, a judge appointed under this section who

10 is in regular active service or who is retired under

11 section 373 of title 28, United States Code, shall be

12 deemed to be a judge of the United States described

13 under section 8701(a)(5) of title 5.’’.

14 (m) HEALTH INSURANCE FOR SURVIVING FAMILY AND

15 SPOUSES OF JUDGES.—Section 8901(3) of title 5, United

16 States Code, is amended—

17 (1) in subparagraph (C), by striking ‘‘; and’’

18 and inserting a semicolon;

19 (2) in subparagraph (D), by adding ‘‘and’’ after

20 the semicolon; and

21 (3) by adding at the end the following:

22 ‘‘(E) a member of a family who is a sur23 vivor of—
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1 ‘‘(i) a Justice or judge of the United

2 States, as defined under section 451 of title

3 28, United States Code;

4 ‘‘(ii) a judge of the District Court of

5 Guam, the District Court of the Northern

6 Mariana Islands, or the District Court of

7 the Virgin Islands;

8 ‘‘(iii) a judge of the United States

9 Court of Federal Claims; or

10 ‘‘(iv) a United States bankruptcy judge

11 or a full-time United States magistrate

12 judge.’’.

13 SEC. 1087. SENSE OF THE SENATE ON DESTRUCTION OF

14 CHEMICAL WEAPONS.

15 (a) FINDINGS.—The Senate makes the following find16 ings:

17 (1) The Convention on the Prohibition of the De18 velopment, Production, Stockpiling and Use of Chem19 ical Weapons and on Their Destruction, done at

20 Paris on January 13, 1993 (commonly referred to as

21 the ‘‘Chemical Weapons Convention’’), requires all

22 United States chemical weapons stockpiles be de23 stroyed by no later than the extended deadline of

24 April 29, 2012.
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1 (2) On April 10, 2006, the Department of De2 fense notified Congress that the United States would

3 not meet even the extended deadline under the Chem4 ical Weapons Convention for destruction of United

5 States chemical weapons stockpiles.

6 (3) Destroying existing chemical weapons is a

7 homeland security imperative, an arms control pri8 ority, and required by United States law.

9 (4) The elimination and nonproliferation of

10 chemical weapons of mass destruction is of utmost

11 importance to the national security of the United

12 States.

13 (b) SENSE OF THE SENATE.—It is the sense of the Sen14 ate that—

15 (1) the United States is committed to making

16 every effort to safely dispose of its chemical weapons

17 stockpiles by the Chemical Weapons Convention dead18 line of April 29, 2012, or as soon thereafter as pos19 sible, and will carry out all of its other obligations

20 under the Convention;

21 (2) the Secretary of Defense should prepare a

22 comprehensive schedule for safely destroying the

23 United States chemical weapons stockpiles to prevent

24 further delays in the destruction of such stockpiles,

25 and the schedule should be submitted annually to the
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1 congressional defense committees separately or as part

2 of another required report; and

3 (3) the Secretary of Defense should make every

4 effort to ensure adequate funding to complete the

5 elimination of the United States chemical weapons

6 stockpile in the shortest time possible, consistent with

7 the requirement to protect public health, safety, and

8 the environment.

9 SEC. 1088. IMPROVED ACCOUNTABILITY FOR COMPETITIVE

10 CONTRACTING IN HURRICANE RECOVERY.

11 The exceptions to full and open competition otherwise

12 available under paragraphs (2), (3), (4), and (5) of section

13 303(c) of the Federal Property and Administrative Services

14 Act of 1949 (41 U.S.C. 253(c)) and paragraphs (2), (3),

15 (4), and (5) of section 2304(c) of title 10, United States

16 Code, shall not apply to Federal contracts worth over

17 $500,000 for the procurement of property or services in con18 nection with relief and recovery efforts related to Hurricane

19 Katrina and the other hurricanes of the 2005 season.

20 SEC. 1089. PROTECTION OF CERTAIN DISCLOSURES OF IN21 FORMATION BY FEDERAL EMPLOYEES.

22 (a) SHORT TITLE.—This Act may be cited as the

23 ‘‘Federal Employee Protection of Disclosures Act’’.

24 (b) CLARIFICATION OF DISCLOSURES COVERED.—Sec25 tion 2302(b)(8) of title 5, United States Code, is amended—
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1 (1) in subparagraph (A)—

2 (A) by striking ‘‘which the employee or ap3 plicant reasonably believes evidences’’ and insert4 ing ‘‘, without restriction to time, place, form,

5 motive, context, or prior disclosure made to any

6 person by an employee or applicant, including a

7 disclosure made in the ordinary course of an em8 ployee’s duties, that the employee or applicant

9 reasonably believes is evidence of’’; and

10 (B) in clause (i), by striking ‘‘a violation’’

11 and inserting ‘‘any violation’’;

12 (2) in subparagraph (B)—

13 (A) by striking ‘‘which the employee or ap14 plicant reasonably believes evidences’’ and insert15 ing ‘‘, without restriction to time, place, form,

16 motive, context, or prior disclosure made to any

17 person by an employee or applicant, including a

18 disclosure made in the ordinary course of an em19 ployee’s duties, of information that the employee

20 or applicant reasonably believes is evidence of’’;

21 and

22 (B) in clause (i), by striking ‘‘a violation’’

23 and inserting ‘‘any violation (other than a viola24 tion of this section)’’; and

25 (3) by adding at the end the following:
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1 ‘‘(C) any disclosure that—

2 ‘‘(i) is made by an employee or appli3 cant of information required by law or Ex4 ecutive order to be kept secret in the interest

5 of national defense or the conduct of foreign

6 affairs that the employee or applicant rea7 sonably believes is direct and specific evi8 dence of—

9 ‘‘(I) any violation of any law,

10 rule, or regulation;

11 ‘‘(II) gross mismanagement, a

12 gross waste of funds, an abuse of au13 thority, or a substantial and specific

14 danger to public health or safety; or

15 ‘‘(III) a false statement to Con16 gress on an issue of material fact; and

17 ‘‘(ii) is made to—

18 ‘‘(I) a member of a committee of

19 Congress having a primary responsi20 bility for oversight of a department,

21 agency, or element of the Federal Gov22 ernment to which the disclosed infor23 mation relates and who is authorized

24 to receive information of the type dis25 closed;
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1 ‘‘(II) any other Member of Con2 gress who is authorized to receive infor3 mation of the type disclosed; or

4 ‘‘(III) an employee of Congress

5 who has the appropriate security clear6 ance and is authorized to receive infor7 mation of the type disclosed.’’.

8 (c) COVERED DISCLOSURES.—Section 2302(a)(2) of

9 title 5, United States Code, is amended—

10 (1) in subparagraph (B)(ii), by striking ‘‘and’’

11 at the end;

12 (2) in subparagraph (C)(iii), by striking the pe13 riod at the end and inserting ‘‘; and’’; and

14 (3) by adding at the end the following:

15 ‘‘(D) ‘disclosure’ means a formal or informal

16 communication or transmission, but does not include

17 a communication concerning policy decisions that

18 lawfully exercise discretionary authority unless the

19 employee providing the disclosure reasonably believes

20 that the disclosure evidences—

21 ‘‘(i) any violation of any law, rule, or regu22 lation; or

23 ‘‘(ii) gross mismanagement, a gross waste of

24 funds, an abuse of authority, or a substantial

25 and specific danger to public health or safety.’’.
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1 (d) REBUTTABLE PRESUMPTION.—Section 2302(b) of

2 title 5, United States Code, is amended by amending the

3 matter following paragraph (12) to read as follows:

4 ‘‘This subsection shall not be construed to authorize the

5 withholding of information from Congress or the taking of

6 any personnel action against an employee who discloses in7 formation to Congress, except that an employee or applicant

8 may be disciplined for the disclosure of information de9 scribed in paragraph (8)(C)(i) to a Member or employee

10 of Congress who is not authorized to receive such informa11 tion. For purposes of paragraph (8), any presumption re12 lating to the performance of a duty by an employee who

13 has authority to take, direct others to take, recommend, or

14 approve any personnel action may be rebutted by substan15 tial evidence. For purposes of paragraph (8), a determina16 tion as to whether an employee or applicant reasonably be17 lieves that they have disclosed information that evidences

18 any violation of law, rule, regulation, gross mismanage19 ment, a gross waste of funds, an abuse of authority, or a

20 substantial and specific danger to public health or safety

21 shall be made by determining whether a disinterested ob22 server with knowledge of the essential facts known to and

23 readily ascertainable by the employee could reasonably con24 clude that the actions of the Government evidence such vio25 lations, mismanagement, waste, abuse, or danger.’’.
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1 (e) NONDISCLOSURE POLICIES, FORMS, AND AGREE2 MENTS; SECURITY CLEARANCES; AND RETALIATORY INVES3 TIGATIONS.—

4 (1) PERSONNEL ACTION.—Section 2302(a)(2)(A)

5 of title 5, United States Code, is amended—

6 (A) in clause (x), by striking ‘‘and’’ after

7 the semicolon; and

8 (B) by redesignating clause (xi) as clause

9 (xiv) and inserting after clause (x) the following:

10 ‘‘(xi) the implementation or enforce11 ment of any nondisclosure policy, form, or

12 agreement;

13 ‘‘(xii) a suspension, revocation, or

14 other determination relating to a security

15 clearance or any other access determination

16 by a covered agency;

17 ‘‘(xiii) an investigation, other than

18 any ministerial or nondiscretionary fact

19 finding activities necessary for the agency

20 to perform its mission, of an employee or

21 applicant for employment because of any

22 activity protected under this section; and’’

23 (2) PROHIBITED PERSONNEL PRACTICE.—Sec24 tion 2302(b) of title 5, United States Code, is

25 amended—
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1 (A) in paragraph (11), by striking ‘‘or’’ at

2 the end;

3 (B) in paragraph (12), by striking the pe4 riod and inserting a semicolon; and

5 (C) by inserting after paragraph (12) the

6 following:

7 ‘‘(13) implement or enforce any nondisclosure

8 policy, form, or agreement, if such policy, form, or

9 agreement does not contain the following statement:

10 ‘These provisions are consistent with and do not su11 persede, conflict with, or otherwise alter the employee

12 obligations, rights, or liabilities created by Executive

13 Order No. 12958; section 7211 of title 5, United

14 States Code (governing disclosures to Congress); sec15 tion 1034 of title 10, United States Code (governing

16 disclosure to Congress by members of the military);

17 section 2302(b)(8) of title 5, United States Code (gov18 erning disclosures of illegality, waste, fraud, abuse, or

19 public health or safety threats); the Intelligence Iden20 tities Protection Act of 1982 (50 U.S.C. 421 et seq.)

21 (governing disclosures that could expose confidential

22 Government agents); and the statutes which protect

23 against disclosures that could compromise national

24 security, including sections 641, 793, 794, 798, and

25 952 of title 18, United States Code, and section 4(b)
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1 of the Subversive Activities Control Act of 1950 (50

2 U.S.C. 783(b)). The definitions, requirements, obliga3 tions, rights, sanctions, and liabilities created by such

4 Executive order and such statutory provisions are in5 corporated into this agreement and are controlling’;

6 or

7 ‘‘(14) conduct, or cause to be conducted, an in8 vestigation, other than any ministerial or nondis9 cretionary fact finding activities necessary for the

10 agency to perform its mission, of an employee or ap11 plicant for employment because of any activity pro12 tected under this section.’’.

13 (3) BOARD AND COURT REVIEW OF ACTIONS RE14 LATING TO SECURITY CLEARANCES.—

15 (A) IN GENERAL.—Chapter 77 of title 5,

16 United States Code, is amended by inserting

17 after section 7702 the following:

18 ‘‘§ 7702a. Actions relating to security clearances

19 ‘‘(a) In any appeal relating to the suspension, revoca20 tion, or other determination relating to a security clearance

21 or access determination, the Merit Systems Protection

22 Board or any reviewing court—

23 ‘‘(1) shall determine whether paragraph (8) or

24 (9) of section 2302(b) was violated;
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1 ‘‘(2) may not order the President or the designee

2 of the President to restore a security clearance or oth3 erwise reverse a determination of clearance status or

4 reverse an access determination; and

5 ‘‘(3) subject to paragraph (2), may issue declara6 tory relief and any other appropriate relief.

7 ‘‘(b)(1) If, in any final judgment, the Board or court

8 declares that any suspension, revocation, or other deter9 mination with regard to a security clearance or access de10 termination was made in violation of paragraph (8) or (9)

11 of section 2302(b), the affected agency shall conduct a re12 view of that suspension, revocation, access determination,

13 or other determination, giving great weight to the Board

14 or court judgment.

15 ‘‘(2) Not later than 30 days after any Board or court

16 judgment declaring that a security clearance suspension,

17 revocation, access determination, or other determination

18 was made in violation of paragraph (8) or (9) of section

19 2302(b), the affected agency shall issue an unclassified re20 port to the congressional committees of jurisdiction (with

21 a classified annex if necessary), detailing the circumstances

22 of the agency’s security clearance suspension, revocation,

23 other determination, or access determination. A report

24 under this paragraph shall include any proposed agency
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1 action with regard to the security clearance or access deter2 mination.

3 ‘‘(c) An allegation that a security clearance or access

4 determination was revoked or suspended in retaliation for

5 a protected disclosure shall receive expedited review by the

6 Office of Special Counsel, the Merit Systems Protection

7 Board, and any reviewing court.

8 ‘‘(d) For purposes of this section, corrective action may

9 not be ordered if the agency demonstrates by a preponder10 ance of the evidence that it would have taken the same per11 sonnel action in the absence of such disclosure.’’.

12 (B) TECHNICAL AND CONFORMING AMEND13 MENT.—The table of sections for chapter 77 of

14 title 5, United States Code, is amended by in15 serting after the item relating to section 7702 the

16 following:

‘‘7702a. Actions relating to security clearances.’’.

17 (f) EXCLUSION OF AGENCIES BY THE PRESIDENT.—

18 Section 2302(a)(2)(C) of title 5, United States Code, is

19 amended by striking clause (ii) and inserting the following:

20 ‘‘(ii)(I) the Federal Bureau of Investigation,

21 the Central Intelligence Agency, the Defense In22 telligence Agency, the National Imagery and

23 Mapping Agency, the National Security Agency;

24 and
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1 ‘‘(II) as determined by the President, any

2 executive agency or unit thereof the principal

3 function of which is the conduct of foreign intel4 ligence or counterintelligence activities, if the de5 termination (as that determination relates to a

6 personnel action) is made before that personnel

7 action; or’’.

8 (g) ATTORNEY FEES.—Section 1204(m)(1) of title 5,

9 United States Code, is amended by striking ‘‘agency in10 volved’’ and inserting ‘‘agency where the prevailing party

11 is employed or has applied for employment’’.

12 (h) DISCIPLINARY ACTION.—Section 1215(a)(3) of title

13 5, United States Code, is amended to read as follows:

14 ‘‘(3)(A) A final order of the Board may

15 impose—

16 ‘‘(i) disciplinary action consisting of re17 moval, reduction in grade, debarment from Fed18 eral employment for a period not to exceed 5

19 years, suspension, or reprimand;

20 ‘‘(ii) an assessment of a civil penalty not to

21 exceed $1,000; or

22 ‘‘(iii) any combination of disciplinary ac23 tions described under clause (i) and an assess24 ment described under clause (ii).
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1 ‘‘(B) In any case in which the Board finds that

2 an employee has committed a prohibited personnel

3 practice under paragraph (8) or (9) of section

4 2302(b), the Board shall impose disciplinary action if

5 the Board finds that the activity protected under

6 paragraph (8) or (9) of section 2302(b) was a signifi7 cant motivating factor, even if other factors also moti8 vated the decision, for the employee’s decision to take,

9 fail to take, or threaten to take or fail to take a per10 sonnel action, unless that employee demonstrates, by

11 preponderance of evidence, that the employee would

12 have taken, failed to take, or threatened to take or fail

13 to take the same personnel action, in the absence of

14 such protected activity.’’.

15 (i) SPECIAL COUNSEL AMICUS CURIAE APPEAR16 ANCE.—Section 1212 of title 5, United States Code, is

17 amended by adding at the end the following:

18 ‘‘(h)(1) The Special Counsel is authorized to appear

19 as amicus curiae in any action brought in a court of the

20 United States related to any civil action brought in connec21 tion with section 2302(b) (8) or (9), or subchapter III of

22 chapter 73, or as otherwise authorized by law. In any such

23 action, the Special Counsel is authorized to present the

24 views of the Special Counsel with respect to compliance

25 with section 2302(b) (8) or (9) or subchapter III of chapter
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1 73 and the impact court decisions would have on the en2 forcement of such provisions of law.

3 ‘‘(2) A court of the United States shall grant the appli4 cation of the Special Counsel to appear in any such action

5 for the purposes described in subsection (a).’’.

6 (j) JUDICIAL REVIEW.—

7 (1) IN GENERAL.—Section 7703(b)(1) of title 5,

8 United States Code, is amended to read as follows:

9 ‘‘(b)(1)(A) Except as provided in subparagraph (B)

10 and paragraph (2), a petition to review a final order or

11 final decision of the Board shall be filed in the United

12 States Court of Appeals for the Federal Circuit. Notwith13 standing any other provision of law, any petition for review

14 must be filed within 60 days after the date the petitioner

15 received notice of the final order or decision of the Board.

16 ‘‘(B) During the 5-year period beginning on the effec17 tive date of the Federal Employee Protection of Disclosures

18 Act, a petition to review a final order or final decision of

19 the Board in a case alleging a violation of paragraph (8)

20 or (9) of section 2302(b) shall be filed in the United States

21 Court of Appeals for the Federal Circuit or any court of

22 appeals of competent jurisdiction as provided under sub23 section (b)(2).’’.
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1 (2) REVIEW OBTAINED BY OFFICE OF PER2 SONNEL MANAGEMENT.—Section 7703(d) of title 5,

3 United States Code, is amended to read as follows:

4 ‘‘(d)(1) Except as provided under paragraph (2), this

5 paragraph shall apply to any review obtained by the Direc6 tor of the Office of Personnel Management. The Director of

7 the Office of Personnel Management may obtain review of

8 any final order or decision of the Board by filing, within

9 60 days after the date the Director received notice of the

10 final order or decision of the Board, a petition for judicial

11 review in the United States Court of Appeals for the Federal

12 Circuit if the Director determines, in his discretion, that

13 the Board erred in interpreting a civil service law, rule,

14 or regulation affecting personnel management and that the

15 Board’s decision will have a substantial impact on a civil

16 service law, rule, regulation, or policy directive. If the Di17 rector did not intervene in a matter before the Board, the

18 Director may not petition for review of a Board decision

19 under this section unless the Director first petitions the

20 Board for a reconsideration of its decision, and such peti21 tion is denied. In addition to the named respondent, the

22 Board and all other parties to the proceedings before the

23 Board shall have the right to appear in the proceeding be24 fore the Court of Appeals. The granting of the petition for
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1 judicial review shall be at the discretion of the Court of

2 Appeals.

3 ‘‘(2) During the 5-year period beginning on the effec4 tive date of the Federal Employee Protection of Disclosures

5 Act, this paragraph shall apply to any review relating to

6 paragraph (8) or (9) of section 2302(b) obtained by the Di7 rector of the Office of Personnel Management. The Director

8 of the Office of Personnel Management may obtain review

9 of any final order or decision of the Board by filing, within

10 60 days after the date the Director received notice of the

11 final order or decision of the Board, a petition for judicial

12 review in the United States Court of Appeals for the Federal

13 Circuit or any court of appeals of competent jurisdiction

14 as provided under subsection (b)(2) if the Director deter15 mines, in his discretion, that the Board erred in inter16 preting paragraph (8) or (9) of section 2302(b). If the Di17 rector did not intervene in a matter before the Board, the

18 Director may not petition for review of a Board decision

19 under this section unless the Director first petitions the

20 Board for a reconsideration of its decision, and such peti21 tion is denied. In addition to the named respondent, the

22 Board and all other parties to the proceedings before the

23 Board shall have the right to appear in the proceeding be24 fore the court of appeals. The granting of the petition for
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1 judicial review shall be at the discretion of the Court of

2 Appeals.’’.

3 (k) NONDISCLOSURE POLICIES, FORMS, AND AGREE4 MENTS.—

5 (1) IN GENERAL.—

6 (A) REQUIREMENT.—Each agreement in

7 Standard Forms 312 and 4414 of the Govern8 ment and any other nondisclosure policy, form,

9 or agreement of the Government shall contain the

10 following statement: ‘‘These restrictions are con11 sistent with and do not supersede, conflict with,

12 or otherwise alter the employee obligations,

13 rights, or liabilities created by Executive Order

14 No. 12958; section 7211 of title 5, United States

15 Code (governing disclosures to Congress); section

16 1034 of title 10, United States Code (governing

17 disclosure to Congress by members of the mili18 tary); section 2302(b)(8) of title 5, United States

19 Code (governing disclosures of illegality, waste,

20 fraud, abuse or public health or safety threats);

21 the Intelligence Identities Protection Act of 1982

22 (50 U.S.C. 421 et seq.) (governing disclosures

23 that could expose confidential Government

24 agents); and the statutes which protect against

25 disclosure that may compromise the national se-
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1 curity, including sections 641, 793, 794, 798,

2 and 952 of title 18, United States Code, and sec3 tion 4(b) of the Subversive Activities Act of 1950

4 (50 U.S.C. 783(b)). The definitions, require5 ments, obligations, rights, sanctions, and liabil6 ities created by such Executive order and such

7 statutory provisions are incorporated into this

8 agreement and are controlling.’’.

9 (B) ENFORCEABILITY.—Any nondisclosure

10 policy, form, or agreement described under sub11 paragraph (A) that does not contain the state12 ment required under subparagraph (A) may not

13 be implemented or enforced to the extent such

14 policy, form, or agreement is inconsistent with

15 that statement.

16 (2) PERSONS OTHER THAN GOVERNMENT EM17 PLOYEES.—Notwithstanding paragraph (1), a non18 disclosure policy, form, or agreement that is to be exe19 cuted by a person connected with the conduct of an

20 intelligence or intelligence-related activity, other than

21 an employee or officer of the United States Govern22 ment, may contain provisions appropriate to the par23 ticular activity for which such document is to be used.

24 Such form or agreement shall, at a minimum, require

25 that the person will not disclose any classified infor-
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1 mation received in the course of such activity unless

2 specifically authorized to do so by the United States

3 Government. Such nondisclosure forms shall also

4 make it clear that such forms do not bar disclosures

5 to Congress or to an authorized official of an execu6 tive agency or the Department of Justice that are es7 sential to reporting a substantial violation of law.

8 (l) CLARIFICATION OF WHISTLEBLOWER RIGHTS FOR

9 CRITICAL INFRASTRUCTURE INFORMATION.—Section

10 214(c) of the Homeland Security Act of 2002 (6 U.S.C.

11 133(c)) is amended by adding at the end the following: ‘‘For

12 purposes of this section a permissible use of independently

13 obtained information includes the disclosure of such infor14 mation under section 2302(b)(8) of title 5, United States

15 Code.’’.

16 (m) ADVISING EMPLOYEES OF RIGHTS.—Section

17 2302(c) of title 5, United States Code, is amended by insert18 ing ‘‘, including how to make a lawful disclosure of infor19 mation that is specifically required by law or Executive

20 order to be kept secret in the interest of national defense

21 or the conduct of foreign affairs to the Special Counsel, the

22 Inspector General of an agency, Congress, or other agency

23 employee designated to receive such disclosures’’ after

24 ‘‘chapter 12 of this title’’.

25 (n) SCOPE OF DUE PROCESS.—
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1 (1) SPECIAL COUNSEL.—Section

2 1214(b)(4)(B)(ii) of title 5, United States Code, is

3 amended by inserting ‘‘, after a finding that a pro4 tected disclosure was a contributing factor,’’ after ‘‘or5 dered if’’.

6 (2) INDIVIDUAL ACTION.—Section 1221(e)(2) of

7 title 5, United States Code, is amended by inserting

8 ‘‘, after a finding that a protected disclosure was a

9 contributing factor,’’ after ‘‘ordered if’’.

10 (o) EFFECTIVE DATE.—This Act shall take effect 30

11 days after the date of enactment of this Act.

12 SEC. 1090. SENSE OF CONGRESS REGARDING THE MEN AND

13 WOMEN OF THE ARMED FORCES OF THE

14 UNITED STATES IN IRAQ.

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

16 (1) In 2003, members of the Armed Forces of the

17 United States successfully liberated the people of Iraq

18 from the tyrannical regime of Saddam Hussein.

19 (2) Members of the Armed Forces of the United

20 States have bravely risked their lives everyday over

21 the last 3 years to protect the people of Iraq from ter22 ror attacks by Al Qaeda and other extremist organi23 zations.

24 (3) Members of the Armed Forces of the United

25 States have conducted dozens of operations with coali-
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1 tion forces to track, apprehend, and eliminate terror2 ists in Iraq.

3 (4) Members of the Armed Forces of the United

4 States have helped sustain political progress in Iraq

5 by assisting the people of Iraq as they exercised their

6 right to choose their leaders and draft their own con7 stitution.

8 (5) Members of the Armed Forces of the United

9 States have taught over 150,000 soldiers of Iraq to re10 spect civilian authority, conduct counter-insurgency

11 operations, provide meaningful security, and protect

12 the people of Iraq from terror attacks.

13 (6) Members of the Armed Forces of the United

14 States have built new schools, hospitals, and public

15 works throughout Iraq.

16 (7) Members of the Armed Forces of the United

17 States have helped rebuild Iraq’s dilapidated energy

18 sector.

19 (8) Members of the Armed Forces of the United

20 States have restored electrical power and sewage

21 waste treatment for the people of Iraq.

22 (9) Members of the Armed Forces of the United

23 States have established lasting and productive rela24 tionships with local leaders in Iraq and secured the

25 support of a majority of the populace of Iraq.
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1 (10) Members of the Armed Forces of the United

2 States have courageously endured sophisticated terror

3 tactics, including deadly car-bombs, sniper attacks,

4 and improvised explosive devices.

5 (11) Members of the Armed Forces of the United

6 States have paid a high cost in order to defeat the ter7 rorists, defend innocent civilians, and protect democ8 racy from those who desire the return of oppression

9 and extremism to Iraq.

10 (12) Members of the Armed Forces of the United

11 States have performed their duty in Iraq with an un12 flagging commitment to the highest ideals and tradi13 tions of the United States and the Armed Forces.

14 (b) SENSE OF CONGRESS.—It is the sense of Congress

15 that—

16 (1) the men and women in uniform of the Armed

17 Forces of the United States in Iraq should be com18 mended for their on-going service to the United

19 States, their commitment to the ideals of the United

20 States, and their determination to win the Global

21 War on Terrorism;

22 (2) gratitude should be expressed to the families

23 of the Armed Forces of the United States, especially

24 those families who have lost loved ones in Operational

25 Iraqi Freedom; and
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1 (3) the people of the United States should honor

2 those who have paid the ultimate sacrifice and assist

3 those families who have loved ones in the Armed

4 Forces of the United States deployed overseas.

5 SEC. 1091. EXTENSION OF RETURNING WORKER EXEMP6 TION.

7 Section 402(b)(1) of the Save Our Small and Seasonal

8 Businesses Act of 2005 (title IV of division B of Public Law

9 109–13; 8 U.S.C. 1184 note) is amended by striking ‘‘2006’’

10 and inserting ‘‘2008’’.

11 SEC. 1092. LIMITATION ON THE UNITED STATES SHARE OF

12 ASSESSMENTS FOR UNITED NATIONS PEACE13 KEEPING OPERATIONS.

14 (a) IN GENERAL.—Section 404(b)(2)(B) of the Foreign

15 Relations Authorization Act, Fiscal Years 1994 and 1995

16 (22 U.S.C. 287e note) is amended by adding at the end

17 the following:

18 ‘‘(v) For assessments made during cal19 endar years 2005, 2006, and 2007, 27.10

20 percent.’’.

21 (b) CONFORMING AMENDMENT.—Section 411 of the

22 Department of State and Related Agency Appropriations

23 Act, 2005 (title IV of division B of Public Law 108–447;

24 22 U.S.C. 287e note) is repealed.
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1 SEC. 1093. TERMINATION OF PROGRAM.

2 Section 711(c) of the Small Business Competitive

3 Demonstration Program Act of 1988 (15 U.S.C. 644 note)

4 is amended by inserting after ‘‘January 1, 1989’’ the fol5 lowing: ‘‘, and shall terminate on the date of enactment of

6 the National Defense Authorization Act for Fiscal Year

7 2007’’.

8 SEC. 1094. PATENT TERM EXTENSIONS FOR THE BADGES OF

9 THE AMERICAN LEGION, THE AMERICAN LE10 GION WOMEN’S AUXILIARY, AND THE SONS OF

11 THE AMERICAN LEGION.

12 (a) PATENT TERM EXTENSION FOR THE BADGE OF

13 THE AMERICAN LEGION.—The term of a certain design pat14 ent numbered 54,296 (for the badge of the American Legion)

15 is renewed and extended for a period of 14 years beginning

16 on the date of enactment of this Act, with all the rights

17 and privileges pertaining to such patent.

18 (b) PATENT TERM EXTENSION FOR THE BADGE OF

19 THE AMERICAN LEGION WOMEN’S AUXILIARY.—The term

20 of a certain design patent numbered 55,398 (for the badge

21 of the American Legion Women’s Auxiliary) is renewed and

22 extended for a period of 14 years beginning on the date of

23 enactment of this Act, with all the rights and privileges per24 taining to such patent.

25 (c) PATENT TERM EXTENSION FOR THE BADGE OF

26 THE SONS OF THE AMERICAN LEGION.—The term of a cer-
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1 tain design patent numbered 92,187 (for the badge of the

2 Sons of the American Legion) is renewed and extended for

3 a period of 14 years beginning on the date of enactment

4 of this Act, with all the rights and privileges pertaining

5 to such patent.

6 SEC. 1095. AVAILABILITY OF FUNDS FOR SOUTH COUNTY

7 COMMUTER RAIL PROJECT, PROVIDENCE,

8 RHODE ISLAND.

9 Funds available for the South County Commuter Rail

10 project, Providence, Rhode Island, authorized by para11 graphs (34) and (35) of section 3034(d) of the Safe, Ac12 countable, Flexible, Efficient Transportation Equity Act: A

13 Legacy for Users (Public Law 109–59; 119 Stat. 1650) shall

14 be available for the purchase of commuter rail equipment

15 for the South County Commuter Rail project upon the re16 ceipt by the Rhode Island Department of Transportation

17 of an approved environmental assessment for the South

18 County Commuter Rail project.

19 SEC. 1096. SENSE OF CONGRESS ON IRAQ SUMMIT.

20 SENSE OF CONGRESS.—It is the sense of Congress that

21 the President should convene a summit as soon as possible

22 that includes the leaders of the Government of Iraq, leaders

23 of the governments of each country bordering Iraq, rep24 resentatives of the Arab League, the Secretary General of

25 the North Atlantic Treaty Organization, representatives of
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1 the European Union, and leaders of the governments of each

2 permanent member of the United Nations Security Council,

3 for the purpose of reaching a comprehensive political agree4 ment for Iraq that addresses fundamental issues including

5 federalism, oil revenues, the militias, security guarantees,

6 reconstruction, economic assistance, and border security.

7 TITLE XI—DEPARTMENT OF DE8 FENSE CIVILIAN PERSONNEL

9 POLICY

10 SEC. 1101. ACCRUAL OF ANNUAL LEAVE FOR MEMBERS OF

11 THE UNIFORMED SERVICES ON TERMINAL

12 LEAVE PERFORMING DUAL EMPLOYMENT.

13 Section 5534a of title 5, United States Code, is amend14 ed by adding at the end the following new sentence: ‘‘Such

15 a member is also entitled to accrue annual leave with pay

16 in the manner specified in section 6303(a) of this title for

17 a retired member of the uniformed services.’’.

18 SEC. 1102. STRATEGY FOR IMPROVING THE SENIOR MAN19 AGEMENT, FUNCTIONAL, AND TECHNICAL

20 WORKFORCE OF THE DEPARTMENT OF DE21 FENSE.

22 (a) INCLUSION IN 2007 STRATEGIC HUMAN CAPITAL

23 PLAN.—The Secretary of Defense shall include in the March

24 1, 2007, Strategic Human Capital Plan required by section

25 1122(c) of the National Defense Authorization Act for Fis-
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1 cal Year 2006 (Public Law 109–163; 119 Stat. 3453; 10

2 U.S.C. prec. 1580 note) a strategic plan to shape and im3 prove the senior management, functional, and technical

4 workforce (including scientists and engineers) of the De5 partment of Defense.

6 (b) SCOPE OF PLAN.—The strategic plan required by

7 subsection (a) shall cover, at a minimum, the following cat8 egories of Department of Defense civilian personnel:

9 (1) Appointees in the senior executive service

10 under section 3131 of title 5, United States Code.

11 (2) Persons serving in positions described in sec12 tion 5376(a) of title 5, United States Code.

13 (3) Highly qualified experts appointed pursuant

14 to section 9903 of title 5, United States Code.

15 (4) Scientists and engineers appointed pursuant

16 to section 342(b) of the National Defense Authoriza17 tion Act for Fiscal Year 1995 (Public Law 103–337;

18 108 Stat. 2721), as amended by section 1114 of the

19 Floyd D. Spence National Defense Authorization Act

20 for Fiscal Year 2001 (as enacted into by law by Pub21 lic Law 106–398 (114 Stat. 1654A–315)).

22 (5) Scientists and engineers appointed pursuant

23 to section 1101 of the Strom Thurmond National De24 fense Authorization Act for Fiscal Year 1999 (5

25 U.S.C. 3104 note).
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1 (6) Persons serving in the Defense Intelligence

2 Senior Executive Service under section 1606 of title

3 10, United States Code.

4 (7) Persons serving in Intelligence Senior Level

5 positions under section 1607 of title 10, United States

6 Code.

7 (c) CONTENTS OF PLAN.—The strategic plan required

8 by subsection (a) shall include—

9 (1) an assessment of—

10 (A) the needs of the Department of Defense

11 for senior management, functional, and technical

12 personnel (including scientists and engineers) in

13 light of recent trends and projected changes in

14 the mission and organization of the Department

15 and in light of staff support needed to accom16 plish that mission;

17 (B) the capability of the existing civilian

18 employee workforce of the Department to meet re19 quirements relating to the mission of the Depart20 ment, including the impact on that capability of

21 projected trends in the senior management, func22 tional, and technical personnel workforce of the

23 Department based on expected losses due to re24 tirement and other attrition; and
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1 (C) gaps in the existing or projected civil2 ian employee workforce of the Department that

3 should be addressed to ensure that the Depart4 ment has continued access to the senior manage5 ment, functional, and technical personnel (in6 cluding scientists and engineers) it needs; and

7 (2) a plan of action for developing and reshap8 ing the senior management, functional, and technical

9 workforce of the Department to address the gaps iden10 tified under paragraph (1)(C), including—

11 (A) any legislative or administrative action

12 that may be needed to adjust the requirements

13 applicable to any category of civilian personnel

14 identified in subsection (b) or to establish a new

15 category of senior management or technical per16 sonnel;

17 (B) any changes in the number of personnel

18 authorized in any category of personnel identi19 fied in subsection (b) that may be needed to ad20 dress such gaps and effectively meet the needs of

21 the Department;

22 (C) any changes in the rates or methods of

23 pay for any category of personnel identified in

24 subsection (b) that may be needed to address in25 equities and ensure that the Department has full
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1 access to appropriately qualified personnel to ad2 dress such gaps and meet the needs of the De3 partment;

4 (D) specific recruiting and retention goals,

5 including the program objectives of the Depart6 ment to be achieved through such goals;

7 (E) specific strategies for development,

8 training, deploying, compensating, motivating,

9 and designing career paths and career opportu10 nities for the senior management, functional,

11 and technical workforce of the Department, in12 cluding the program objectives of the Department

13 to be achieved through such strategies; and

14 (F) specific steps that the Department has

15 taken or plans to take to ensure that the senior

16 management, functional, and technical workforce

17 of the Department is managed in compliance

18 with the requirements of section 129 of title 10,

19 United States Code.

20 SEC. 1103. AUTHORITY TO EQUALIZE ALLOWANCES, BENE21 FITS, AND GRATUITIES OF PERSONNEL ON

22 OFFICIAL DUTY IN IRAQ AND AFGHANISTAN.

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

24 (1) As part of the United States effort to bring

25 democracy and freedom to Iraq and Afghanistan, em-
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1 ployees of a broad range of Federal agencies are need2 ed to serve in those countries, furnishing expertise to

3 their counterpart agencies in the Government of Iraq

4 and the Government of Afghanistan.

5 (2) While the heads of a number of Federal agen6 cies already possess authority to provide to their per7 sonnel on official duty abroad allowances, benefits,

8 and death gratuities comparable to those provided by

9 the Secretary of State to similarly-situated Foreign

10 Service personnel on official duty abroad, other agen11 cy heads do not possess such authority.

12 (3) In order to assist the United States Govern13 ment in recruiting personnel to serve in Iraq and Af14 ghanistan, and to avoid inequities in allowances, ben15 efits, and death gratuities among similarly-situated

16 United States Government civilian personnel on offi17 cial duty in these countries, it is essential that the

18 heads of all agencies that have personnel on official

19 duty in Iraq and Afghanistan have the same basic

20 authority with respect to allowances, benefits, and

21 death gratuities for such personnel.

22 (b) IN GENERAL.—During any fiscal year, the head

23 of an agency may, in the agency head’s discretion, provide

24 to an individual employed by, or assigned or detailed to,

25 such agency allowances, benefits, and gratuities comparable
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1 to those provided by the Secretary of State to members of

2 the Foreign Service under section 413 and chapter 9 of title

3 I of the Foreign Service Act of 1980 (22 U.S.C. 3973; 4081

4 et seq.), if such individual is on official duty in Iraq or

5 Afghanistan.

6 (c) CONSTRUCTION.—Nothing in this section shall be

7 construed to impair or otherwise affect the authority of the

8 head of an agency under any other provision of law.

9 SEC. 1104. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS

10 FOR FAMILY MEMBERS OF INDIVIDUALS PER11 FORMING CERTAIN MILITARY SERVICE.

12 (a) FEDERAL EMPLOYEES PROGRAM.—

13 (1) DEFINITIONS.—In this subsection:

14 (A) CAREGIVER.—The term ‘‘caregiver’’

15 means an individual who—

16 (i) is an employee;

17 (ii) is at least 21 years of age; and

18 (iii) is capable of self care and care of

19 children or other dependent family members

20 of a qualified member of the Armed Forces.

21 (B) COVERED PERIOD OF SERVICE.—The

22 term ‘‘covered period of service’’ means any pe23 riod of service performed by an employee as a

24 caregiver while the individual who designated
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1 the caregiver under paragraph (3) remains a

2 qualified member of the Armed Forces.

3 (C) EMPLOYEE.—The term ‘‘employee’’ has

4 the meaning given under section 6331 of title 5,

5 United States Code.

6 (D) FAMILY MEMBER.—The term ‘‘family

7 member’’ includes—

8 (i) individuals for whom the qualified

9 member of the Armed Forces provides med10 ical, financial, and logistical support (such

11 as housing, food, clothing, or transpor12 tation); and

13 (ii) children under the age of 19 years,

14 elderly adults, persons with disabilities, and

15 other persons who are unable to care for

16 themselves in the absence of the qualified

17 member of the Armed Forces.

18 (E) QUALIFIED MEMBER OF THE ARMED

19 FORCES.—The term ‘‘qualified member of the

20 Armed Forces’’ means—

21 (i) a member of a reserve component of

22 the Armed Forces as described under section

23 10101 of title 10, United States Code, who

24 has received notice to report to, or is serving

25 on, active duty in the Armed Forces in sup-
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1 port of a contingency operation as defined

2 under section 101(a)(13) of title 10, United

3 States Code; or

4 (ii) a member of the Armed Forces on

5 active duty who is eligible for hostile fire or

6 imminent danger special pay under section

7 310 of title 37, United States Code.

8 (2) ESTABLISHMENT OF PROGRAM.—The Office

9 of Personnel Management shall establish a program to

10 authorize a caregiver to—

11 (A) use any sick leave of that caregiver dur12 ing a covered period of service in the same man13 ner and to the same extent as annual leave is

14 used; and

15 (B) use any leave available to that caregiver

16 under subchapter III or IV of chapter 63 of title

17 5, United States Code, during a covered period

18 of service as though that covered period of service

19 is a medical emergency.

20 (3) DESIGNATION OF CAREGIVER.—

21 (A) IN GENERAL.—A qualified member of

22 the Armed Forces shall submit a written des23 ignation of the individual who is the caregiver

24 for any family member of that member of the

25 Armed Forces during a covered period of service
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1 to the employing agency and the Office of Per2 sonnel Management.

3 (B) DESIGNATION OF SPOUSE.—Notwith4 standing paragraph (1)(A)(ii), an individual

5 less than 21 years of age may be designated as

6 a caregiver if that individual is the spouse of the

7 qualified member of the Armed Forces making

8 the designation.

9 (4) USE OF CAREGIVER LEAVE.—Leave may only

10 be used under this subsection for purposes directly re11 lating to, or resulting from, the designation of an em12 ployee as a caregiver.

13 (5) REGULATIONS.—Not later than 120 days

14 after the date of enactment of this Act, the Office of

15 Personnel Management shall prescribe regulations to

16 carry out this subsection.

17 (6) TERMINATION.—The program under this sub18 section shall terminate on December 31, 2007.

19 (b) VOLUNTARY PRIVATE SECTOR LEAVE PROGRAM.—

20 (1) DEFINITIONS.—

21 (A) CAREGIVER.—The term ‘‘caregiver’’

22 means an individual who—

23 (i) is an employee;

24 (ii) is at least 21 years of age; and
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1 (iii) is capable of self care and care of

2 children or other dependent family members

3 of a qualified member of the Armed Forces.

4 (B) COVERED PERIOD OF SERVICE.—The

5 term ‘‘covered period of service’’ means any pe6 riod of service performed by an employee as a

7 caregiver while the individual who designated

8 the caregiver under paragraph (4) remains a

9 qualified member of the Armed Forces.

10 (C) EMPLOYEE.—The term ‘‘employee’’

11 means an employee of a business entity partici12 pating in the program under this subsection.

13 (D) FAMILY MEMBER.—The term ‘‘family

14 member’’ includes—

15 (i) individuals for whom the qualified

16 member of the Armed Forces provides med17 ical, financial, and logistical support (such

18 as housing, food, clothing, or transpor19 tation); and

20 (ii) children under the age of 19 years,

21 elderly adults, persons with disabilities, and

22 other persons who are unable to care for

23 themselves in the absence of the qualified

24 member of the Armed Forces.
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1 (E) QUALIFIED MEMBER OF THE ARMED

2 FORCES.—The term ‘‘qualified member of the

3 Armed Forces’’ means—

4 (i) a member of a reserve component of

5 the Armed Forces as described under section

6 10101 of title 10, United States Code, who

7 has received notice to report to, or is serving

8 on, active duty in the Armed Forces in sup9 port of a contingency operation as defined

10 under section 101(a)(13) of title 10, United

11 States Code; or

12 (ii) a member of the Armed Forces on

13 active duty who is eligible for hostile fire or

14 imminent danger special pay under section

15 310 of title 37, United States Code.

16 (2) ESTABLISHMENT OF PROGRAM.—

17 (A) IN GENERAL.—The Secretary of Labor

18 may establish a program to authorize employees

19 of business entities described under paragraph

20 (3) to use sick leave, or any other leave available

21 to an employee, during a covered period of serv22 ice in the same manner and to the same extent

23 as annual leave (or its equivalent) is used.

24 (B) EXCEPTION.—Subparagraph (A) shall

25 not apply to leave made available under the
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1 Family and Medical Leave Act of 1993 (29

2 U.S.C. 2601 et seq.).

3 (3) VOLUNTARY BUSINESS PARTICIPATION.—The

4 Secretary of Labor may solicit business entities to

5 voluntarily participate in the program under this

6 subsection.

7 (4) DESIGNATION OF CAREGIVER.—

8 (A) IN GENERAL.—A qualified member of

9 the Armed Forces shall submit a written des10 ignation of the individual who is the caregiver

11 for any family member of that member of the

12 Armed Forces during a covered period of service

13 to the employing business entity.

14 (B) DESIGNATION OF SPOUSE.—Notwith15 standing paragraph (1)(A)(ii), an individual

16 less than 21 years of age may be designated as

17 a caregiver if that individual is the spouse of the

18 qualified member of the Armed Forces making

19 the designation.

20 (5) USE OF CAREGIVER LEAVE.—Leave may only

21 be used under this subsection for purposes directly re22 lating to, or resulting from, the designation of an em23 ployee as a caregiver.

24 (6) REGULATIONS.—Not later than 120 days

25 after the date of enactment of this Act, the Secretary
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1 of Labor may prescribe regulations to carry out this

2 subsection.

3 (7) TERMINATION.—The program under this sub4 section shall terminate on December 31, 2007.

5 (c) GAO REPORT.—Not later than June 30, 2007, the

6 Government Accountability Office shall submit a report to

7 Congress on the programs under subsections (a) and (b)

8 that includes—

9 (1) an evaluation of the success of each program;

10 and

11 (2) recommendations for the continuance or ter12 mination of each program.

13 SEC. 1105. THREE-YEAR EXTENSION OF AUTHORITY FOR EX14 PERIMENTAL PERSONNEL MANAGEMENT

15 PROGRAM FOR SCIENTIFIC AND TECHNICAL

16 PERSONNEL.

17 Section 1101(e)(1) of the Strom Thurmond National

18 Defense Authorization Act for Fiscal Year 1999 (5 U.S.C.

19 3104 note) is amended by striking ‘‘September 30, 2008’’

20 and inserting ‘‘September 30, 2011’’.
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1 TITLE XII—MATTERS RELATING

2 TO OTHER NATIONS

3 Subtitle A—General Matters

4 SEC. 1201. EXPANSION OF HUMANITARIAN AND CIVIC AS5 SISTANCE TO INCLUDE COMMUNICATIONS

6 AND INFORMATION CAPACITY.

7 Section 401 of title 10, United States Code, as

8 amended—

9 (1) in subsection (c)—

10 (A) by redesignating paragraphs (2), (3),

11 and (4) as paragraphs (3), (4), and (5), respec12 tively;

13 (B) by inserting after paragraph (1) end

14 the following new paragraph (2):

15 ‘‘(2) Expenses covered by paragraph (1) include com16 munications or information systems equipment or supplies

17 incurred in providing assistance described in subsection

18 (e)(4).’’; and

19 (C) in paragraph (4), as redesignated by

20 subparagraph (A) of this paragraph, by striking

21 ‘‘paragraph (2)(B)’’ and inserting ‘‘paragraph

22 (3)(B)’’; and

23 (2) in subsection (e)(4), by inserting before the

24 period the following: ‘‘, including information and

25 communications technology facilities’’.
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1 SEC. 1202. MODIFICATION OF AUTHORITIES RELATING TO

2 THE REGIONAL DEFENSE

3 COUNTERTERRORISM FELLOWSHIP PRO4 GRAM.

5 (a) REDESIGNATION OF PROGRAM AS REGIONAL DE6 FENSE COMBATTING TERRORISM FELLOWSHIP PRO7 GRAM.—Section 2249c of title 10, United States Code, is

8 amended in subsections (a) and (c)(3), by striking

9 ‘‘Counterterrorism’’ and inserting ‘‘Combatting Ter10 rorism’’.

11 (b) AVAILABILITY OF FUNDS.—

12 (1) IN GENERAL.—Subsection (a) of such section

13 is further amended by striking ‘‘the attendance’’ and

14 all that follows through ‘‘military educational institu15 tions’’ and inserting ‘‘the education and training of

16 foreign military officers and other foreign officials at

17 military or civilian educational institutions’’.

18 (2) INCREASE IN AMOUNT AVAILABLE.—Sub19 section (b) of such section is amended by striking

20 ‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’.

21 (3) AVAILABILITY OF AMOUNTS ACROSS FISCAL

22 YEARS.—Subsection (b) of such section is further

23 amended by adding at the end the following new sen24 tence: ‘‘Amounts available under the authority in sub25 section (a) for a fiscal year may be used for programs
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1 that begin in such fiscal year but end in the next fis2 cal year.’’.

3 (c) CONFORMING AND CLERICAL AMENDMENTS.—

4 (1) CONFORMING AMENDMENT.—The heading of

5 such section is amended to read as follows:

6 ‘‘§ 2249c. Authority to use appropriated funds for edu7 cation and training of foreign visitors

8 under Regional Defense Combatting Ter9 rorism Fellowship Program’’.

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of subchapter I of chapter 134

12 of such title is amended by striking the item relating

13 to section 2249c and insert the following new item:

‘‘2249c. Authority to use appropriated funds for education and training of foreign

visitors under Regional Defense Combatting Terrorism Fellowship Program.’’.

14 SEC. 1203. LOGISTIC SUPPORT OF ALLIED FORCES FOR

15 COMBINED OPERATIONS.

16 (a) AUTHORITY TO USE FUNDS TO PROVIDE SUP17 PORT.—

18 (1) IN GENERAL.—Subchapter I of chapter 134

19 of title 10, United States Code, is amended by insert20 ing after section 2249c the following new section:
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1 ‘‘§ 2249d. Authority to use appropriated funds for lo2 gistic support of allied forces for com3 bined operations

4 ‘‘(a) AUTHORITY TO USE FUNDS.—Subject to sub5 sections (b) and (c), funds appropriated to the Department

6 of Defense for operation and maintenance may be used by

7 the Secretary of Defense, with the concurrence of the Sec8 retary of State, to provide logistic support, supplies, and

9 services to allied forces participating in combined oper10 ations with the armed forces of the United States.

11 ‘‘(b) LIMITATION RELATING TO COMBINED OPER12 ATIONS.—The authority in subsection (a) to provide logistic

13 support, supplies, and services may be exercised only—

14 ‘‘(1) with respect to combined operations during

15 a period of active hostilities, a contingency operation,

16 or a noncombat operation (including an operation in

17 support of the provision of humanitarian or foreign

18 disaster assistance, country stabilization operations,

19 or peacekeeping operations under chapter VI or VII

20 of the Charter of the United Nations); and

21 ‘‘(2) in circumstances in which the Secretary of

22 Defense determines that the allied forces to be pro23 vided such logistic support, supplies, and services—

24 ‘‘(A) are essential to the success of such

25 combined operations; and
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1 ‘‘(B) would not be able to participate in

2 such combined operations but for the provision of

3 such logistic support, supplies, and services.

4 ‘‘(c) LIMITATIONS RELATING TO AMOUNT.—(1) Except

5 as provided in paragraph (2), the amount of logistic sup6 port, supplies, and services provided under subsection (a)

7 in any fiscal year may not exceed $100,000,000.

8 ‘‘(2) In any fiscal year, in addition to any logistic

9 support, supplies, and services provided under subsection

10 (a) that are covered by paragraph (1), logistic support, sup11 plies, and services in the amount of $5,000,000 may be pro12 vided under that subsection if such support, supplies, and

13 services are solely for purposes of enhancing the interoper14 ability of the logistical support systems of allied forces with

15 the logistical support systems of the armed forces of the

16 United States in order to facilitate combined operations.

17 ‘‘(d) ANNUAL REPORT.—Not later than December 31

18 each year, the Secretary of Defense, in coordination with

19 the Secretary of State, shall submit to the appropriate com20 mittees of Congress a report on the use of the authority in

21 subsection (a) during the preceding fiscal year. Each report

22 shall include, for the fiscal year covered by such report, the

23 following:

24 ‘‘(1) Each nation provided logistic support, sup25 plies, and services.
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1 ‘‘(2) For each such nation, a description of the

2 type and value of logistic support, supplies, and serv3 ices so provided.

4 ‘‘(e) DEFINITIONS.—In this section:

5 ‘‘(1) The term ‘appropriate committees of Con6 gress’ means—

7 ‘‘(A) the Committees on Armed Services and

8 Foreign Relations of the Senate; and

9 ‘‘(B) the Committees on Armed Services and

10 International Relations of the House of Rep11 resentatives.

12 ‘‘(2) The term ‘logistic support, supplies, and

13 services’ has the meaning given such term in section

14 2350(1) of this title and includes sealift.’’.

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of subchapter I of such chapter

17 is amended by inserting after the item relating to sec18 tion 2249c the following new item:

‘‘2249d. Authority to use appropriated funds for logistic support of allied forces

for combined operations.’’.

19 (b) EFFECTIVE DATE.—The amendments made by this

20 section shall take effect on October 1, 2006, and shall apply

21 with respect to fiscal years beginning on or after that date.
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1 SEC. 1204. EXCLUSION OF PETROLEUM, OIL, AND LUBRI2 CANTS FROM LIMITATIONS ON AMOUNT OF

3 LIABILITIES THE UNITED STATES MAY AC4 CRUE UNDER ACQUISITION AND CROSS-SERV5 ICING AGREEMENTS.

6 (a) EXCLUSION.—Section 2347 of title 10, United

7 States Code, is amended by adding at the end the following

8 new subsection:

9 ‘‘(d) The limitations in this section on the amount of

10 reimbursable liabilities or reimbursable credits that the

11 United States may accrue under this subchapter shall not

12 apply with respect to the sale, purchase, or exchange of pe13 troleum, oils, or lubricants.’’.

14 (b) CONFORMING AMENDMENTS.—Paragraphs (1) and

15 (2) of subsection (a) of such section are each amended by

16 striking ‘‘(other than petroleum, oils, and lubricants)’’.

17 SEC. 1205. TEMPORARY AUTHORITY TO USE ACQUISITION

18 AND CROSS-SERVICING AGREEMENTS TO

19 LOAN SIGNIFICANT MILITARY EQUIPMENT TO

20 FOREIGN FORCES IN IRAQ AND AFGHANI21 STAN FOR PERSONNEL PROTECTION AND

22 SURVIVABILITY.

23 (a) AUTHORITY.—

24 (1) IN GENERAL.—Subject to paragraphs (2) and

25 (3), the Secretary of Defense may treat significant

26 military equipment as logistic support, supplies, and
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1 services under subchapter I of chapter 138 of title 10,

2 United States Code, for purposes of providing for the

3 use of such equipment by military forces of nations

4 participating in combined operations with United

5 States Forces in Iraq and Afghanistan if the Sec6 retary, with the concurrence of the Secretary of State,

7 determines in writing that it is in the national secu8 rity interests of the United States to provide for the

9 use of such equipment in such manner.

10 (2) LIMITATION ON DURATION OF PROVISION.—

11 Equipment may be used by foreign military forces

12 under this subsection for not longer than one year.

13 (3) LIMITATION ON USE.—Equipment may be

14 used by foreign military forces under this subsection

15 solely for personnel protection or to aid in the per16 sonnel survivability of such forces.

17 (b) SEMIANNUAL REPORTS.—

18 (1) REPORTS REQUIRED.—The Secretary of De19 fense shall, in coordination with the Secretary of

20 State, submit to the appropriate committees of Con21 gress a report on the exercise of the authority in sub22 section (a) as follows:

23 (A) If the authority is exercised during the

24 first six-month period of a fiscal year, not later

25 than 30 days after such period.
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1 (B) If the authority is exercised during the

2 second six-month period of a fiscal year, not

3 later than 30 days after such period.

4 (2) ELEMENTS.—Each report under paragraph

5 (1) shall include, for each exercise of authority under

6 subsection (a) during the period covered by such re7 port, the following:

8 (A) A copy of the written determination

9 under subsection (a) with respect to the exercise

10 of such authority.

11 (B) A statement of each recipient of equip12 ment under the exercise of such authority.

13 (C) A description of the type, quantity, and

14 value of the equipment supplied to each such re15 cipient, and a description of the terms and dura16 tion of the supply of the equipment to such re17 cipient.

18 (c) CONSTRUCTION WITH LIMITATIONS ON TRANSFER

19 OF MILITARY EQUIPMENT.—The provision of significant

20 military equipment for use under this section shall be sub21 ject to the provisions of the Arms Export Control Act (22

22 U.S.C. 2751 et seq.) and of any other export control regime

23 under law relating to the transfer of military technology

24 to foreign nations.

25 (d) DEFINITIONS.—In this section:
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1 (1) The term ‘‘appropriate committees of Con2 gress’’ means—

3 (A) the Committees on Armed Services and

4 Foreign Relations of the Senate; and

5 (B) the Committees on Armed Services and

6 International Relations of the House of Rep7 resentatives.

8 (2) The term ‘‘significant military equipment’’

9 means items designated as significant military equip10 ment on the United States Munitions List under sec11 tion 38(a)(1) of the Arms Export Control Act (22

12 U.S.C. 2778(a)(1)).

13 (e) EXPIRATION.—The authority in subsection (a)

14 shall expire on September 30, 2008.

15 SEC. 1206. MODIFICATION OF AUTHORITIES RELATING TO

16 THE BUILDING OF THE CAPACITY OF FOR17 EIGN MILITARY FORCES.

18 (a) FUNDS AVAILABLE FOR PRESIDENTIAL PRO19 GRAM.—Subsection (c) of section 1206 of the National De20 fense Authorization Act for Fiscal Year 2006 (Public Law

21 109–163; 119 Stat. 3456) is amended by striking ‘‘defense22 wide’’.

23 (b) LIMITED AUTHORITY TO RESPOND TO UNANTICI24 PATED CHANGES IN SECURITY ENVIRONMENT.—Such sec25 tion is further amended—
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1 (1) by redesignating subsections (f) and (g) as

2 subsections (h) and (i), respectively; and

3 (2) by inserting after subsection (e) the following

4 new subsection (f):

5 ‘‘(f) COMBATANT COMMANDER AUTHORITY TO RE6 SPOND TO UNANTICIPATED CHANGES IN SECURITY ENVI7 RONMENT.—

8 ‘‘(1) IN GENERAL.—During fiscal years 2007

9 and 2008, the Secretary of Defense may, with the con10 currence of the Secretary of State, authorize any com11 mander of a geographic combatant command to re12 spond to unanticipated changes in a security environ13 ment within the area of responsibility of such com14 mander by conducting a program to build the capac15 ity of the national military forces of a country within

16 such area of responsibility in order for such country

17 to—

18 ‘‘(A) conduct counterterrorist operations; or

19 ‘‘(B) participate in or support military and

20 stability operations.

21 ‘‘(2) REQUIRED ELEMENTS.—Any program

22 under paragraph (1) shall include elements that

23 promote—

24 ‘‘(A) observance of and respect for human

25 rights and fundamental freedoms; and
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1 ‘‘(B) respect for legitimate civilian author2 ity within the country concerned.

3 ‘‘(3) AUTHORIZED ELEMENTS.—Any program

4 under paragraph (1) may include the provision of

5 equipment, supplies, and training.

6 ‘‘(4) ANNUAL FUNDING LIMITATION.—The Sec7 retary of Defense may make available, from funds

8 available for operation and maintenance for fiscal

9 year 2007 or 2008, not to exceed $200,000,000 to con10 duct activities under paragraph (1) in such fiscal

11 year. Of the amount so made available for a fiscal

12 year, not more than $50,000,000 may be available for

13 any commander of a particular geographic combatant

14 command in such fiscal year. Amounts available

15 under this paragraph are in addition to any other

16 amounts available to the commanders of the geo17 graphic combatant commands, including amounts in

18 the Combatant Commanders Initiative Fund.

19 ‘‘(5) ASSISTANCE OTHERWISE PROHIBITED BY

20 LAW.—The commander of a geographic combatant

21 command may not use the authority in paragraph

22 (1) to provide any type of assistance described in

23 paragraphs (2) and (3) that is otherwise prohibited

24 by any provision of law.
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1 ‘‘(6) LIMITATION ON ELIGIBLE COUNTRIES.—The

2 commander of a geographic combatant command may

3 not use the authority in paragraph (1) to provide any

4 type of assistance described in paragraphs (2) and (3)

5 to any foreign country that is otherwise prohibited

6 from receiving such type of assistance under any

7 other provision of law.

8 ‘‘(7) FORMULATION AND EXECUTION OF PRO9 GRAMS.—The Secretary of Defense shall prescribe

10 guidance for programs authorized by paragraph (1).

11 Such guidance shall include requirements for the com12 manders of the geographic combatant commands to—

13 ‘‘(A) formulate any program under para14 graph (1) for a country jointly with the United

15 States ambassador or chief of mission to such

16 country; and

17 ‘‘(B) coordinate with the United States am18 bassador or chief of mission to a country in im19 plementing any program under paragraph (1)

20 for such country.

21 ‘‘(8) CONGRESSIONAL NOTIFICATION.—Not less

22 than 15 days after the initiation of activities in a

23 country under a program under paragraph (1), the

24 Secretary of Defense, in coordination with the Sec25 retary of State, shall submit to the congressional com-
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1 mittees specified in subsection (e)(3) a notice of the

2 following:

3 ‘‘(A) The country being assisted in the

4 building of the capacity of its military forces

5 under the program.

6 ‘‘(B) The budget, implementation timeline

7 with milestones, and completion date for the pro8 gram.

9 ‘‘(C) The source and planned expenditure of

10 funds to complete the program.’’.

11 (c) LIMITED AUTHORITY TO MEET UNANTICIPATED

12 HUMANITARIAN RELIEF OR RECONSTRUCTION REQUIRE13 MENTS.—Such section is further amended by inserting after

14 subsection (f), as added by subsection (b)(2) of this section,

15 the following new subsection (g):

16 ‘‘(g) COMBATANT COMMANDER AUTHORITY TO MEET

17 UNANTICIPATED HUMANITARIAN RELIEF OR RECONSTRUC18 TION REQUIREMENTS.—

19 ‘‘(1) IN GENERAL.—During fiscal years 2007

20 and 2008, the Secretary of Defense may authorize any

21 commander of a geographic combatant command to

22 provide the assistance described in paragraph (2) to

23 respond to urgent and unanticipated humanitarian

24 relief or reconstruction requirements in a foreign

25 country within the area of responsibility of the com-
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1 mander of the geographic combatant command if the

2 commander of the geographic combatant command de3 termines that the provision of such assistance will

4 promote the security interests of the United States

5 and the country to which such assistance will be pro6 vided. Such assistance may be provided without re7 gard to any provision of chapter 137, 140, or 141 of

8 title 10, United States Code, or any other provision

9 of law that would prohibit, restrict, or limit the pro10 vision of such assistance.

11 ‘‘(2) TYPES OF ASSISTANCE.—The assistance

12 that may be provided under paragraph (1) includes

13 the following:

14 ‘‘(A) Construction, reconstruction, or repair

15 of municipal, educational, cultural, or other

16 local facilities.

17 ‘‘(B) Reconstitution or improvement of util18 ities or other local infrastructure.

19 ‘‘(C) Provision of any other goods or serv20 ices necessary to respond to urgent and unantici21 pated humanitarian relief or reconstruction re22 quirements.

23 ‘‘(3) PROHIBITION ON ASSISTANCE IN CERTAIN

24 COUNTRIES.—Assistance may not be provided under

25 paragraph (1) in Iraq or Afghanistan.
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1 ‘‘(4) ANNUAL FUNDING LIMITATION.—From

2 funds available for operation and maintenance for

3 fiscal year 2007 or 2008, not more than $200,000

4 may be available to the commander of a geographic

5 combatant command to conduct activities under

6 paragraph (1) in any particular country in such fis7 cal year. Amounts available under this paragraph are

8 in addition to any other amounts available to the

9 commanders of the geographic combatant commands,

10 including amounts in the Combatant Commanders

11 Initiative Fund.

12 ‘‘(5) CONSTRUCTION OF AUTHORITY.—The au13 thority and funds available to the commanders of the

14 geographic combatant commands under this sub15 section are in addition to any other authorities and

16 funds available to the commanders of the geographic

17 combatant commands.

18 ‘‘(6) GUIDANCE ON PROVISION OF ASSISTANCE.—

19 (A) No funds may be obligated or expended for the

20 provision of assistance under paragraph (1) until the

21 Secretary of Defense prescribes guidance on the provi22 sion of assistance under that paragraph.

23 ‘‘(B) The guidance under this paragraph shall

24 include a requirement that any assistance provided

25 under paragraph (1) in a particular country be pro-
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1 vided only with the concurrence of the United States

2 ambassador or chief of mission to that country.

3 ‘‘(C) Not later than 30 days after the issuance of

4 the guidance under this paragraph, the Secretary

5 shall submit to the congressional defense committees a

6 report setting forth such guidance.

7 ‘‘(D) Not later than 30 days after issuing any

8 modification to the guidance under this paragraph,

9 the Secretary shall submit to the congressional defense

10 committees a report on such modification.

11 ‘‘(7) REPORT.—Not later than November 1 of

12 2007 and 2008, the Secretary of Defense shall submit

13 to the congressional defense committees a report on

14 the provision of assistance under paragraph (1) dur15 ing the preceding fiscal year. Each report shall in16 clude, for the fiscal year covered by such report, the

17 following:

18 ‘‘(A) The source of funds utilized to provide

19 assistance under paragraph (1) during such fis20 cal year.

21 ‘‘(B) Each country in which assistance was

22 so provided.

23 ‘‘(C) For each country so provided assist24 ance, the type and amount of assistance pro25 vided.’’.
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1 (d) TERMINATION OF AUTHORITY.—Subsection (i) of

2 such section, as redesignated by subsection (b)(1) of this sec3 tion, is further amended to read as follows:

4 ‘‘(i) TERMINATION.—

5 ‘‘(1) TERMINATION OF PRESIDENTIAL PRO6 GRAM.—The authority of the President under sub7 section (a) to direct the Secretary of Defense to con8 duct a program terminates at the close of September

9 30, 2008. Any program directed before that date may

10 be completed, but only using funds available for fiscal

11 year 2006, 2007, or 2008.

12 ‘‘(2) TERMINATION OF COMBATANT COMMANDER

13 AUTHORITIES.—The authority of the commanders of

14 the geographic combatant commands to carry out pro15 grams under subsection (f), and to provide assistance

16 under subsection (g), terminates at the close of Sep17 tember 30, 2008. Any program or assistance com18 menced before that date may be completed, but only

19 using funds available for fiscal year 2007 or 2008.’’.

20 SEC. 1207. PARTICIPATION OF THE DEPARTMENT OF DE21 FENSE IN MULTINATIONAL MILITARY CEN22 TERS OF EXCELLENCE.

23 (a) PARTICIPATION AUTHORIZED.—During fiscal year

24 2007, the Secretary of Defense may, with the concurrence

25 of the Secretary of State, authorize the participation of the
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1 Department of Defense, and of members of the armed forces

2 and civilian personnel of the Department, in multinational

3 military centers of excellence hosted by any nation or com4 bination of nations referred to in subsection (b) for purposes

5 of—

6 (1) enhancing the ability of military forces and

7 civilian personnel of the nations participating in

8 such centers to engage in joint exercises or coalition

9 or international military operations; or

10 (2) improving interoperability between the

11 Armed Forces of the United States and the military

12 forces of friendly foreign nations.

13 (b) COVERED NATIONS.—The nations referred to in

14 this section are as follows:

15 (1) The United States.

16 (2) Any member nation of the North Atlantic

17 Treaty Organization (NATO).

18 (3) Any major non-NATO ally.

19 (4) Any other friendly foreign nation identified

20 by the Secretary of Defense, with the concurrence of

21 the Secretary of State, for purposes of this section.

22 (c) MEMORANDUM OF UNDERSTANDING.—The partici23 pation of the Department of Defense, or of members of the

24 armed forces or civilian personnel of the Department, in

25 a multinational military center of excellence under sub-
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1 section (a) shall be governed by the terms of one or more

2 memoranda of understanding entered into by the Secretary

3 of Defense, with the concurrence of the Secretary of State,

4 and the foreign nation or nations concerned.

5 (d) AVAILABILITY OF APPROPRIATED FUNDS.—(1)

6 Funds appropriated to the Department of Defense for oper7 ation and maintenance are available as follows:

8 (A) To pay the United States share of the ex9 penses of any multinational military center of excel10 lence in which the United States participates under

11 this section.

12 (B) To pay the costs of the participation of the

13 Department of Defense, and of members of the armed

14 forces and civilian personnel of the Department, in

15 multinational military centers of excellence under this

16 section, including the costs of pay, salaries, and ex17 penses of such members and personnel in partici18 pating in such centers.

19 (2) The amount available under paragraph (1)(A) in

20 fiscal year 2007 for the expenses referred to in that para21 graph may not exceed $3,000,000.

22 (e) USE OF DEPARTMENT OF DEFENSE FACILITIES

23 AND EQUIPMENT.—(1) Facilities and equipment of the De24 partment of Defense may be used for purposes of the support
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1 of multinational military centers of excellence under this

2 section that are hosted by the Department.

3 (2) The use of facilities and equipment for support of

4 a multinational military center of excellence under para5 graph (1) may, at the election of the Secretary of Defense,

6 be with or without reimbursement by other nations partici7 pating in the center.

8 (f) REPORT ON USE OF AUTHORITY.—

9 (1) REPORT REQUIRED.—Not later than October

10 31, 2007, the Secretary of Defense shall submit to the

11 congressional defense committees a report on the use

12 of the authority in this section during fiscal year

13 2007.

14 (2) ELEMENTS.—The report required by para15 graph (1) shall include the following:

16 (A) A detailed description of the participa17 tion of the Department of Defense, and of mem18 bers of the Armed Forces and civilian personnel

19 of the Department, in multinational military

20 centers of excellence under the authority of this

21 section during fiscal year 2007.

22 (B) For each multinational military center

23 of excellence in which the Department of Defense,

24 or members of the Armed Forces or civilian per25 sonnel of the Department, so participated—
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1 (i) a description of such multinational

2 military center of excellence;

3 (ii) a description of the activities par4 ticipated in by the Department, or by mem5 bers of the Armed Forces or civilian per6 sonnel of the Department; and

7 (iii) a statement of the costs of the De8 partment for such participation,

9 including—

10 (I) a statement of the United

11 States share of the expenses of such

12 center, and a statement of the percent13 age of the United States share of the

14 expenses of such center to the total ex15 penses of such center; and

16 (II) a statement of the amount of

17 such costs (including a separate state18 ment of the amount of costs paid for

19 under the authority of this section by

20 category of costs).

21 (g) DEFINITIONS.—In this section:

22 (1) The term ‘‘multinational military center of

23 excellence’’ means an entity sponsored by one or more

24 nations that is accredited and approved by the North

25 Atlantic Treaty Organization military committee as
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1 offering recognized expertise and experience to per2 sonnel participating in the activities of such entity

3 for the benefit of the North Atlantic Treaty Organiza4 tion by providing such personnel opportunities to—

5 (A) enhance education and training;

6 (B) improve interoperability and capabili7 ties;

8 (C) assist in the development of doctrine;

9 and

10 (D) validate concepts through experimen11 tation.

12 (2) The term ‘‘major non-NATO ally’’ means a

13 country (other than a member nation of the North At14 lantic Treaty Organization) that is designated as a

15 major non-NATO ally for purposes of this section by

16 the Secretary of Defense with the concurrence of the

17 Secretary of State.

18 SEC. 1208. DISTRIBUTION OF EDUCATION AND TRAINING

19 MATERIALS AND INFORMATION TECHNOLOGY

20 TO ENHANCE INTEROPERABILITY.

21 (a) DISTRIBUTION AUTHORIZED.—In furtherance of

22 the national security objectives of the United States and to

23 improve interoperability between the Armed Forces of the

24 United States and military forces of friendly foreign coun25 tries, the Secretary of Defense may—
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1 (1) provide to the personnel referred to in sub2 section (b) electronically-distributed learning content

3 for the education and training of such personnel for

4 the development and enhancement of allied and

5 friendly military capabilities for multinational oper6 ations, including joint exercises and coalition oper7 ations; and

8 (2) provide information technology, including

9 computer software developed for such purpose, to sup10 port the use of such learning content for the education

11 and training of such personnel.

12 (b) PERSONNEL.—The personnel to which learning

13 content and information technology may be provided under

14 subsection (a) are as follows:

15 (1) Military and civilian personnel of friendly

16 foreign governments.

17 (2) Personnel of internationally-recognized non18 governmental organizations.

19 (c) EDUCATION AND TRAINING.—The education and

20 training provided under subsection (a) shall include the fol21 lowing:

22 (1) Internet based education and training.

23 (2) Advanced distributed learning and similar

24 Internet learning tools, as well as distributed training

25 and computer assisted exercises.
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1 (d) INFORMATION TECHNOLOGY.—In providing infor2 mation technology under subsection (a)(2), the Secretary of

3 Defense may only expend funds for the development and

4 provision of information technology and learning content

5 necessary to support the provision of education and train6 ing authorized by this section.

7 (e) SECRETARY OF STATE CONCURRENCE IN CERTAIN

8 ACTIVITIES.—In the case of any activity proposed to be un9 dertaken under the authority in this section that is not au10 thorized by another provision of law, the Secretary of De11 fense may not undertake such activity without the concur12 rence of the Secretary of State.

13 (f) CONSTRUCTION WITH OTHER AUTHORITY.—

14 (1) SUPPLEMENTAL AUTHORITY.—The authority

15 in this section is in addition to any other authority

16 available to the Secretary of Defense to provide assist17 ance to foreign nations or military forces.

18 (2) LIMITATION.—The provision of learning con19 tent and information technology under the authority

20 in this section shall be subject to the provisions of the

21 Arms Export Control Act (22 U.S.C. 2751 et seq.)

22 and any other export control regime under law relat23 ing to the transfer of military technology to foreign

24 nations.

25 (g) GUIDANCE.—
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1 (1) GUIDANCE REQUIRED.—The Secretary of De2 fense shall develop and issue guidance on the proce3 dures for the use of the authority in this section.

4 (2) SUBMITTAL TO CONGRESS.—Not later than

5 30 days after issuing the guidance required by para6 graph (1), the Secretary shall submit to the congres7 sional defense committees a report setting forth such

8 guidance.

9 (3) MODIFICATION.—In the event the Secretary

10 modifies the guidance required by paragraph (1), the

11 Secretary shall submit to the congressional defense

12 committees a report setting forth the modified guid13 ance not later than 30 days after the date of such

14 modification.

15 (h) ANNUAL REPORT.—

16 (1) REPORT REQUIRED.—Not later than October

17 31 of 2007 and 2008, the Secretary of Defense shall

18 submit to the congressional defense committees a re19 port on the exercise of the authority in this section

20 during the preceding fiscal year.

21 (2) ELEMENTS.—The report under paragraph

22 (1) shall include, for the fiscal year covered by such

23 report, the following:
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1 (A) A statement of the recipients of learning

2 content and information technology provided

3 under this section.

4 (B) A description of the type, quantity, and

5 value of the learning content and information

6 technology provided under this section.

7 (i) TERMINATION.—The authority in this section shall

8 expire on September 30, 2008.

9 SEC. 1209. UNITED STATES’ POLICY ON THE NUCLEAR PRO10 GRAMS OF IRAN.

11 (a) FINDINGS.—Congress finds that:

12 (1) The pursuit by the Iranian regime of a capa13 bility to produce nuclear weapons represents a threat

14 to the United States, the middle east region, and

15 international peace and security.

16 (2) On May 31, 2006, Secretary of State Rice

17 announced that the United States would join negotia18 tions with Iran, along with the United Kingdom,

19 France, and Germany, provided that Iran fully and

20 verifiably suspends its enrichment and reprocessing

21 activities.

22 (3) On June 1, 2006, President George W. Bush

23 stated that ‘‘Secretary Rice, at my instructions, said

24 to the world that we want to solve the problem of the

25 Iranian nuclear issue diplomatically. And we made it
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1 very clear publicly that we’re willing to come to the

2 table, so long as the Iranians verifiably suspend their

3 program. In other words, we said to the Iranians

4 [that] the United States of America wants to work

5 with our partners to solve the problem’’.

6 (4) On June 1, 2006, the United States, the

7 United Kingdom, France, Germany, the People’s Re8 public of China, and the Russian Federation agreed

9 upon a package of incentives and disincentives, which

10 was subsequently presented to Iran by the High Rep11 resentative of the European Union, Javier Solana.

12 (b) SENSE OF CONGRESS.—Congress—

13 (1) endorses the policy of the United States, an14 nounced May 31, 2006, to achieve a successful diplo15 matic outcome, in coordination with leading members

16 of the international community, with respect to the

17 threat posed by the efforts of the Iranian regime to ac18 quire a capability to produce nuclear weapons;

19 (2) calls on Iran to suspend fully and verifiably

20 its enrichment and reprocessing activities, cooperate

21 fully with the International Atomic Energy Agency,

22 and enter into negotiations, including with the

23 United States, pursuant to the package presented to

24 Iran by the High Representative of the European

25 Union; and
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1 (3) urges the President and the Secretary of

2 State to keep Congress fully and currently informed

3 about the progress of this vital diplomatic initiative.

4 SEC. 1210. MODIFICATION OF LIMITATIONS ON ASSISTANCE

5 UNDER THE AMERICAN SERVICEMEMBERS’

6 PROTECTION ACT OF 2002.

7 Section 2013(13)(A) of the American Servicemembers’

8 Protection Act of 2002 (title II of Public Law 107–206; 116

9 Stat. 909; 22 U.S.C. 7432(13)(A)) is amended by striking

10 ‘‘or 5’’.

11 SEC. 1211. SENSE OF THE CONGRESS COMMENDING THE

12 GOVERNMENT OF IRAQ FOR AFFIRMING ITS

13 POSITION OF NO AMNESTY FOR TERRORISTS

14 WHO ATTACK UNITED STATES ARMED

15 FORCES.

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

17 (1) The Armed Forces of the United States and

18 coalition military forces are serving heroically in

19 Iraq to provide all the people of Iraq a better future.

20 (2) The Armed Forces of the United States and

21 coalition military forces have served bravely in Iraq

22 since the beginning of military operations in March

23 2003.

24 (3) More than 2,500 of the Armed Forces of the

25 United States and members of coalition military
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1 forces have been killed and more than 18,000 injured

2 in operations to bring peace and stability to all the

3 people of Iraq.

4 (4) The National Security Advisor of Iraq af5 firmed that the Government of Iraq will ‘‘never give

6 amnesty to those who have killed American soldiers or

7 Iraqi soldiers or civilians.’’

8 (5) The National Security Advisor of Iraq

9 thanked ‘‘the American wives and American women

10 and American mothers for the treasure and blood they

11 have invested in this country . . . of liberating 30

12 million people in this country . . . and we are ever

13 so grateful.’’

14 (b) SENSE OF CONGRESS.—It is the sense of Congress

15 that—

16 (1) the goal of the United States and our coali17 tion partners has been to empower the Iraqi nation

18 with full sovereignty thereby recognizing their freedom

19 to exercise that sovereignty. Through successive elec20 tions and difficult political agreements the unity gov21 ernment is now in place exercising that sovereignty.

22 We must respect that exercise of that sovereignty in

23 accordance with their own wisdom;
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1 (2) history records that governments derived of

2 free elections should not grant amnesty to those who

3 have committed war crimes or terrorists acts; and

4 (3) the United States should continue with the

5 historic tradition of diplomatically, economically, and

6 in a humanitarian manner assisting nations and the

7 people who have fought once a conflict is concluded.

8 SEC. 1212. SENSE OF CONGRESS ON THE GRANTING OF AM9 NESTY TO PERSONS KNOWN TO HAVE KILLED

10 MEMBERS OF THE ARMED FORCES IN IRAQ.

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

12 (1) The Armed Forces of the United States and

13 coalition military forces are serving heroically in

14 Iraq to provide all the people of Iraq a better future.

15 (2) The Armed Forces of the United States and

16 coalition military forces have served bravely in Iraq

17 since the beginning of military operations in March

18 of 2003.

19 (3) More than 2,500 members of the Armed

20 Forces of the United States and members of coalition

21 military forces have been killed and more than 18,000

22 injured in operations to bring peace and stability to

23 all the people of Iraq.

24 (b) SENSE OF CONGRESS.—It is the sense of Congress

25 that—
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1 (1) the Government of Iraq should not grant am2 nesty to persons known to have attacked, killed, or

3 wounded members of the Armed Forces of the United

4 States; and

5 (2) the President should immediately notify the

6 Government of Iraq that the Government of the

7 United States strongly opposes granting amnesty to

8 persons who have attacked members of the Armed

9 Forces of the United States.

10 SEC. 1213. ANNUAL REPORTS ON UNITED STATES CON11 TRIBUTIONS TO THE UNITED NATIONS.

12 (a) ANNUAL REPORT REQUIRED.—Not later than 90

13 days after the date of the enactment of this Act, and annu14 ally thereafter, the President shall submit to Congress a re15 port listing all assessed and voluntary contributions of the

16 United States Government for the preceding fiscal year to

17 the United Nations and United Nations affiliated agencies

18 and related bodies.

19 (b) ELEMENTS.—Each report under subsection (a)

20 shall set forth, for the fiscal year covered by such report,

21 the following:

22 (1) The total amount of all assessed and vol23 untary contributions of the United States Government

24 to the United Nations and United Nations affiliated

25 agencies and related bodies.
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1 (2) The approximate percentage of United States

2 Government contributions to each United Nations af3 filiated agency or body in such fiscal year when com4 pared with all contributions to such agency or body

5 from any source in such fiscal year.

6 (3) For each such contribution—

7 (A) the amount of such contribution;

8 (B) a description of such contribution (in9 cluding whether assessed or voluntary);

10 (C) the department or agency of the United

11 States Government responsible for such contribu12 tion;

13 (D) the purpose of such contribution; and

14 (E) the United Nations or United Nations

15 affiliated agency or related body receiving such

16 contribution.

17 SEC. 1214. NORTH KOREA.

18 (a) COORDINATOR OF POLICY ON NORTH KOREA.—

19 (1) APPOINTMENT REQUIRED.—Not later than

20 60 days after the date of the enactment of this Act,

21 the President shall appoint a senior presidential

22 envoy to act as coordinator of United States policy on

23 North Korea.

24 (2) DESIGNATION.—The individual appointed

25 under paragraph (1) may be known as the ‘‘North
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1 Korea Policy Coordinator’’ (in this subsection referred

2 to as the ‘‘Coordinator)’’.

3 (3) DUTIES.—The Coordinator shall—

4 (A) conduct a full and complete interagency

5 review of United States policy toward North

6 Korea including matters related to security and

7 human rights;

8 (B) provide policy direction for negotiations

9 with North Korea relating to nuclear weapons,

10 ballistic missiles, and other security matters; and

11 (C) provide leadership for United States

12 participation in Six Party Talks on the

13 denuclearization of the Korean peninsula.

14 (4) REPORT.—Not later than 90 days after the

15 date of the appointment of an individual as Coordi16 nator under paragraph (1), the Coordinator shall sub17 mit to the President and Congress an unclassified re18 port, with a classified annex if necessary, on the ac19 tions undertaken under paragraph (3). The report

20 shall set forth—

21 (A) the results of the review under para22 graph (3)(A); and

23 (B) any other matters on North Korea that

24 the individual considers appropriate.
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1 (b) REPORT ON NUCLEAR AND MISSILE PROGRAMS OF

2 NORTH KOREA.—

3 (1) REPORT REQUIRED.—Not later than 90 days

4 after the date of the enactment of this Act, and every

5 180 days thereafter, the President shall submit to

6 Congress an unclassified report, with a classified

7 annex as appropriate, on the nuclear program and

8 the missile program of North Korea.

9 (2) ELEMENTS.—Each report submitted under

10 paragraph (1) shall include the following:

11 (A) The most current national intelligence

12 estimate on the nuclear program and the missile

13 program of North Korea, and, consistent with

14 the protection of intelligence sources and meth15 ods, an unclassified summary of the key judg16 ments in the estimate.

17 (B) The most current unclassified United

18 States Government assessment, stated as a range

19 if necessary, of (i) the number of nuclear weap20 ons possessed by North Korea and (ii) the

21 amount of nuclear material suitable for weapons

22 use produced by North Korea by plutonium re23 processing and uranium enrichment for each pe24 riod as follows:

25 (I) Before October 1994.
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1 (II) Between October 1994 and October

2 2002.

3 (III) Between October 2002 and the

4 date of the submittal of the initial report

5 under paragraph (1).

6 (IV) Each 12-month period after the

7 submittal of the initial report under para8 graph (1).

9 (C) Any other matter relating to the nuclear

10 program or missile program of North Korea that

11 the President considers appropriate.

12 SEC. 1215. COMPREHENSIVE STRATEGY FOR SOMALIA.

13 (a) SENSE OF SENATE.—It is the sense of the Senate

14 that the United States should—

15 (1) support the development of the Transitional

16 Federal Institutions in Somalia into a unified na17 tional government, support humanitarian assistance

18 to the people of Somalia, support efforts to prevent

19 Somalia from becoming a safe haven for terrorists

20 and terrorist activities, and support regional sta21 bility;

22 (2) broaden and integrate its strategic approach

23 toward Somalia within the context of United States

24 activities in countries of the Horn of Africa, includ-
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1 ing Djibouti, Ethiopia, Kenya, Eritrea, and in

2 Yemen on the Arabian Peninsula; and

3 (3) carry out all diplomatic, humanitarian,

4 counter-terrorism, and security-related activities in

5 Somalia within the context of a comprehensive strat6 egy developed through an interagency process.

7 (b) DEVELOPMENT OF A COMPREHENSIVE STRATEGY

8 FOR SOMALIA.—

9 (1) REQUIREMENT FOR STRATEGY.—Not later

10 then 90 days after the date of the enactment of this

11 Act, the President shall develop and submit to the ap12 propriate committees of Congress a comprehensive

13 strategy toward Somalia within the context of United

14 States activities in the countries of the Horn of Afri15 ca.

16 (2) CONTENT OF STRATEGY.—The strategy

17 should include the following:

18 (A) A clearly stated policy towards Somalia

19 that will help establish a functional, legitimate,

20 unified national government in Somalia that is

21 capable of maintaining the rule of law and pre22 venting Somalia from becoming a safe haven for

23 terrorists.

24 (B) An integrated political, humanitarian,

25 intelligence, and military approach to counter
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1 transnational security threats in Somalia within

2 the context of United States activities in the

3 countries of the Horn of Africa.

4 (C) An interagency framework to plan, co5 ordinate, and execute United States activities in

6 Somalia within the context of other activities in

7 the countries of the Horn of Africa among the

8 agencies and departments of the United States to

9 oversee policy and program implementation.

10 (D) A description of the type and form of

11 diplomatic engagement to coordinate the imple12 mentation of the United States policy in Soma13 lia.

14 (E) A description of bilateral, regional, and

15 multilateral efforts to strengthen and promote

16 diplomatic engagement in Somalia.

17 (F) A description of appropriate metrics to

18 measure the progress and effectiveness of the

19 United States policy towards Somalia and

20 throughout the countries of the Horn of Africa.

21 (G) Guidance on the manner in which the

22 strategy will be implemented.

23 (c) ANNUAL REPORTS.—Not later than April 1, 2007,

24 and annually thereafter, the President shall prepare and
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1 submit to the appropriate committees of Congress a report

2 on the status of the implementation of the strategy.

3 (d) FORM.—Each report under this section shall be

4 submitted in unclassified form, but may include a classified

5 annex.

6 (e) APPROPRIATE COMMITTEES OF CONGRESS DE7 FINED.—In this section, the term ‘‘appropriate committees

8 of Congress’’ means—

9 (1) the Committee on Appropriations, the Com10 mittee on Armed Services, the Committee on Foreign

11 Relations, and the Select Committee Intelligence of

12 the Senate; and

13 (2) the Committee on Appropriations, the Com14 mittee on Armed Services, the Committees on Inter15 national Relations, and the Permanent Select Com16 mittee on Intelligence of the House of Representatives.

17 SEC. 1216. INTELLIGENCE ON IRAN.

18 (a) SUBMITTAL TO CONGRESS OF UPDATED NATIONAL

19 INTELLIGENCE ESTIMATE ON IRAN.—

20 (1) SUBMITTAL REQUIRED.—As soon as is prac21 ticable, but not later than 90 days after the date of

22 the enactment of this Act, the Director of National In23 telligence shall submit to Congress an updated Na24 tional Intelligence Estimate on Iran.
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1 (2) NOTICE REGARDING SUBMITTAL.—If the Di2 rector determines that the National Intelligence Esti3 mate required by paragraph (1) cannot be submitted

4 by the date specified in that paragraph, the Director

5 shall submit to Congress a report setting forth—

6 (A) the reasons why the National Intel7 ligence Estimate cannot be submitted by such

8 date; and

9 (B) an estimated date for the submittal of

10 the National Intelligence Estimate.

11 (3) FORM.—The National Intelligence Estimate

12 under paragraph (1) shall be submitted in classified

13 form. Consistent with the protection of intelligence

14 sources and methods, an unclassified summary of the

15 key judgments of the National Intelligence Estimate

16 should be submitted.

17 (4) ELEMENTS.—The National Intelligence Esti18 mate submitted under paragraph (1) shall address the

19 following:

20 (A) The foreign policy and regime objectives

21 of Iran.

22 (B) The current status of the nuclear pro23 grams of Iran, including—

24 (i) an assessment of the current and

25 projected capabilities of Iran to design a
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1 nuclear weapon, to produce plutonium, en2 riched uranium, and other weapons mate3 rials, to build a nuclear weapon, and to de4 ploy a nuclear weapon; and

5 (ii) an assessment of the intentions of

6 Iran regarding possible development of nu7 clear weapons, the motivations underlying

8 such intentions, and the factors that might

9 influence changes in such intentions.

10 (C) The military and defense capabilities of

11 Iran, including any non-nuclear weapons of

12 mass destruction programs and related delivery

13 systems.

14 (D) The relationship of Iran with terrorist

15 organizations, the use by Iran of terrorist orga16 nizations in furtherance of its foreign policy ob17 jectives, and the factors that might cause Iran to

18 reduce or end such relationships.

19 (E) The prospects for support from the

20 international community for various potential

21 courses of action with respect to Iran, including

22 diplomacy, sanctions, and military action.

23 (F) The anticipated reaction of Iran to the

24 courses of action set forth under subparagraph

25 (E), including an identification of the course or
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1 courses of action most likely to successfully influ2 ence Iran in terminating or moderating its poli3 cies of concern.

4 (G) The level of popular and elite support

5 within Iran for the Iran regime, and for its civil

6 nuclear program, nuclear weapons ambitions,

7 and other policies, and the prospects for reform

8 and political change within Iran.

9 (H) The views among the populace and

10 elites of Iran with respect to the United States,

11 including views on direct discussions with or

12 normalization of relations with the United

13 States.

14 (I) The views among the populace and elites

15 of Iran with respect to other key countries in16 volved in nuclear diplomacy with Iran.

17 (J) The likely effects and consequences of

18 any military action against the nuclear pro19 grams or other regime interests of Iran.

20 (K) The confidence level of key judgments in

21 the National Intelligence Estimate, the quality of

22 the sources of intelligence on Iran, the nature

23 and scope of any gaps in intelligence on Iran,

24 and any significant alternative views on the
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1 matters contained in the National Intelligence

2 Estimate.

3 (b) PRESIDENTIAL REPORT ON POLICY OBJECTIVES

4 AND UNITED STATES STRATEGY REGARDING IRAN.—

5 (1) REPORT REQUIRED.—As soon as is prac6 ticable, but not later than 90 days after the date of

7 the enactment of this Act, the President shall submit

8 to Congress a report on the following:

9 (A) The objectives of United States policy

10 on Iran.

11 (B) The strategy for achieving such objec12 tives.

13 (2) FORM.—The report under paragraph (1)

14 shall be submitted in unclassified form with a classi15 fied annex, as appropriate.

16 (3) ELEMENTS.—The report submitted under

17 paragraph (1) shall—

18 (A) address the role of diplomacy, incen19 tives, sanctions, other punitive measures and in20 centives, and other programs and activities relat21 ing to Iran for which funds are provided by

22 Congress; and

23 (B) summarize United States contingency

24 planning regarding the range of possible United
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1 States military actions in support of United

2 States policy objectives with respect to Iran.

3 (c) DIRECTOR OF NATIONAL INTELLIGENCE REPORT

4 ON PROCESS FOR VETTING AND CLEARING ADMINISTRA5 TION OFFICIALS’ STATEMENTS DRAWN FROM INTEL6 LIGENCE.—

7 (1) REPORT REQUIRED.—As soon as is prac8 ticable, but not later than 90 days after the date of

9 the enactment of this Act, the Director of National In10 telligence shall submit to Congress a report on the

11 process for vetting and clearing statements of Admin12 istration officials that are drawn from or rely upon

13 intelligence.

14 (2) ELEMENTS.—The report shall—

15 (A) describe current policies and practices

16 of the Office of the Director of National Intel17 ligence and the intelligence community for—

18 (i) vetting and clearing statements of

19 senior Administration officials that are

20 drawn from or rely upon intelligence; and

21 (ii) how significant misstatements of

22 intelligence that may occur in public state23 ments of senior public officials are identi24 fied, brought to the attention of any such of25 ficials, and corrected;
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1 (B) assess the sufficiency and adequacy of

2 such policies and practices; and

3 (C) include any recommendations that the

4 Director considers appropriate to improve such

5 policies and practices.

6 SEC. 1217. REPORTS ON IMPLEMENTATION OF THE DARFUR

7 PEACE AGREEMENT.

8 (a) REQUIREMENT FOR REPORTS.—Not later than 30

9 days after the date of the enactment of this Act, and every

10 60 days thereafter until the date that the President submits

11 the certification described in subsection (b), the President

12 shall submit to Congress a report on the implementation

13 of the Darfur Peace Agreement of May 5, 2006, and the

14 situation in Darfur, Sudan. Each such report shall

15 include—

16 (1) a description of the steps being taken by the

17 Government of Sudan, the Sudan Liberation Move18 ment/Army (SLM/A), and other parties to the Agree19 ment to uphold their commitments to—

20 (A) demobilize and disarm the Janjaweed,

21 as stated in paragraphs 214(F), 338, 339, 340,

22 366, 387, and 368 of the Agreement;

23 (B) provide secure, unfettered access for hu24 manitarian personnel and supplies, as stated in

25 paragraph 214(E) of the Agreement;
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1 (C) ensure that foreign combatants respect

2 the provisions of the Agreement, as stated in

3 paragraphs 341 through 344 of the Agreement;

4 and

5 (D) expedite the safe and voluntary return

6 of internally-displaced persons and refugees to

7 their places of origin, as stated in paragraphs

8 182 through 187 of the Agreement; and

9 (2) a description of any violation of the Agree10 ment and any delay in implementing the Agreement,

11 including any such violation or delay that com12 promises the safety of civilians, and the names of the

13 individuals or entities responsible for such violation

14 or delay;

15 (3) a description of any attacks against civilians

16 and any activities that disrupt implementation of the

17 Agreement by armed persons who are not a party to

18 the Agreement; and

19 (4) a description of the ability of the Ceasefire

20 Commission, the African Union Mission in Sudan,

21 and the other organizations identified in the Agree22 ment to monitor the implementation of the Agree23 ment, and a description of any obstruction to such

24 monitoring.
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1 (b) CERTIFICATION.—The certification described in

2 this subsection is a certification made by the President and

3 submitted to Congress that the Government of Sudan has

4 fulfilled its obligations under the Darfur Peace Agreement

5 of May 5, 2006, to demobilize and disarm the Janjaweed

6 and to protect civilians.

7 (c) FORM AND AVAILABILITY OF REPORTS.—

8 (1) FORM.—A report submitted under this sec9 tion shall be in an unclassified form and may include

10 a classified annex.

11 (2) AVAILABILITY.—The President shall make the

12 unclassified portion of a reported submitted under

13 this section available to the public.

14 Subtitle B—Report Matters

15 SEC. 1221. REPORT ON INCREASED ROLE AND PARTICIPA16 TION OF MULTINATIONAL PARTNERS IN THE

17 UNITED NATIONS COMMAND IN THE REPUB18 LIC OF KOREA.

19 (a) REPORT REQUIRED.—Not later than 180 days

20 after the date of the enactment of this Act, the Secretary

21 of Defense, in coordination with the Secretary of State, shall

22 submit to the appropriate committees of Congress a report

23 on an increased role and participation of multinational

24 partners in the United Nations Command in the Republic

25 of Korea.
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1 (b) ELEMENTS.—The report required by subsection (a)

2 shall include the following:

3 (1) A list of the nations that are current mem4 bers of the United Nations Command in the Republic

5 of Korea, and a detailed description of the role and

6 participation of each such member nation in the re7 sponsibilities and activities of the United Nations

8 Command.

9 (2) A detailed description of efforts being under10 taken by the United States to encourage enhanced

11 participation in the responsibilities and activities of

12 the United Nations Command in the Republic of

13 Korea by such member nations.

14 (3) A discussion of whether and how members of

15 the United Nations Command in the Republic of

16 Korea might be persuaded to deploy military forces in

17 peacetime to the Republic of Korea to bolster the de18 terrence mission of the United Nations Command.

19 (4) An assessment of how the military and polit20 ical requirements for United States military forces in

21 the Republic of Korea might be affected were multi22 national partners in the United Nations Command in

23 the Republic of Korea to increase their contribution

24 of military forces stationed in the Republic of Korea.
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1 (5) An assessment of whether and how the con2 tribution of additional military forces to the United

3 Nations Command in the Republic of Korea by a

4 multinational partner might affect that partner’s ap5 proach to facilitating a diplomatic resolution of the

6 nuclear challenge posed by the Democratic Peoples

7 Republic of Korea.

8 (c) FORM.—The report required by subsection (a) shall

9 be submitted in unclassified form, but may include a classi10 fied annex.

11 (d) APPROPRIATE COMMITTEES OF CONGRESS DE12 FINED.—In this section, the term ‘‘appropriate committees

13 of Congress’’ means—

14 (1) the Committees on Armed Services and For15 eign Relations of the Senate; and

16 (2) the Committees on Armed Services and Inter17 national Relations of the House of Representatives.

18 SEC. 1222. REPORT ON INTERAGENCY OPERATING PROCE19 DURES FOR STABILIZATION AND RECON20 STRUCTION OPERATIONS.

21 (a) SENSE OF CONGRESS.—It is the sense of Congress

22 that—

23 (1) the United States Government should bring

24 to bear all elements of national power to achieve its
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1 national security objectives, including stabilization

2 and reconstruction operations;

3 (2) civilian agencies of the United States Gov4 ernment lack the capacity to deploy rapidly, and for

5 sustained periods of time, trained personnel to sup6 port stabilization and reconstruction operations in

7 the field;

8 (3) civilian agencies of the United States Gov9 ernment should expand their capacity to plan, coordi10 nate, and conduct stabilization and reconstruction op11 erations, including their capacity to deploy civilians

12 with relevant expertise to participate in sustained

13 stability and reconstruction operations;

14 (4) National Security Presidential Directive 44,

15 entitled ‘‘Management of Interagency Efforts Con16 cerning Reconstruction and Stabilization’’, is a posi17 tive step toward improving coordination, planning,

18 and implementation by the United States Government

19 of reconstruction and stabilization assistance for for20 eign states and regions at risk of, in, or in transition

21 from conflict or civil strife;

22 (5) all the relevant United States Government

23 agencies should include in their budget requests for

24 future fiscal years adequate funding for planning and

25 preparing to support contingency operations and, as
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1 necessary, request emergency supplemental funds for

2 unanticipated contingency operations; and

3 (6) the President should provide clear guidance

4 to United States Government agencies to manage

5 complex operations and establish a standard, inte6 grated approach to the planning and conduct of inter7 agency operations to ensure a coherent and unified

8 United States Government approach to contingency

9 operations.

10 (b) REPORT.—Not later than six months after the date

11 of the enactment of this Act, the President shall submit to

12 Congress a report setting forth a plan to establish inter13 agency operating procedures for the departments and agen14 cies of the United States Government for the planning and

15 conduct of stabilization and reconstruction operations.

16 (c) PLAN ELEMENTS.—The plan required under the re17 port under subsection (b) shall include the following:

18 (1) A delineation of the roles, responsibilities,

19 and authorities of the departments and agencies of the

20 United States Government for stabilization and re21 construction operations.

22 (2) A description of operational processes for set23 ting policy direction for stabilization and reconstruc24 tion operations in order to guide—
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1 (A) operational planning and funding deci2 sions of such departments and agencies;

3 (B) oversight of policy implementation;

4 (C) integration of programs and activities

5 into an implementation plan;

6 (D) integration of civilian and military

7 planning efforts;

8 (E) provision of guidance to field-level per9 sonnel on program direction and priorities; and

10 (F) monitoring of field implementation of

11 assistance programs.

12 (3) A description of available capabilities and

13 resources of each department and agency of the

14 United States Government that could be used in sup15 port of stabilization and reconstruction operations,

16 and an identification of additional resources needed

17 to support the conduct of stabilization and reconstruc18 tion activities.

19 (4) A description of how the capabilities and re20 sources of the departments and agencies of the United

21 States Government under stabilization and recon22 struction operations will be coordinated.

23 (5) A description of existing, or planned, proto24 cols between departments and agencies of the United

25 States Government on the utilization and allocation
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1 of assets in field operations under stabilization and

2 reconstruction operations.

3 (6) Recommendations for improving interagency

4 training, education, and simulation exercises in order

5 to adequately prepare civilian and military personnel

6 in the departments and agencies of the United States

7 Government to perform stabilization and reconstruc8 tion operations.

9 (7) A discussion of the statutory and budgetary

10 impediments, if any, that prevent civilian agencies of

11 the United States Government from fully and effec12 tively participating in stabilization and reconstruc13 tion operations, and recommendations for legislative

14 or administration actions to enhance the ability of

15 the United States Government to conduct stabilization

16 and reconstruction operations.

17 (8) Guidance for the implementation of the plan.

18 SEC. 1223. REPEAL OF CERTAIN REPORT REQUIREMENTS.

19 (a) REPORTS ON ALLIED CONTRIBUTIONS TO THE

20 COMMON DEFENSE.—Section 1003 of the Department of

21 Defense Authorization Act, 1985 (22 U.S.C. 1928 note) is

22 amended by striking subsections (c) and (d).

23 (b) COST-SHARING REPORT.—Section 1313 of the Na24 tional Defense Authorization Act for Fiscal Year 1995 (Pub-
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1 lic Law 103–337; 108 Stat. 2894; 22 U.S.C. 1928 note) is

2 amended—

3 (1) by striking subsection (c); and

4 (2) by redesignating subsection (d) as subsection

5 (c).

6 SEC. 1224. REPORTS ON THE DARFUR PEACE AGREEMENT.

7 Not later than 60 days after the date of the enactment

8 of this Act, annually thereafter, the Secretary of Defense

9 shall submit to the Committee on Armed Services of the

10 Senate and the Committee on Armed Services of the House

11 of Representatives a detailed report on the Department of

12 Defense’s role in assisting the parties to the Darfur Peace

13 Agreement of May 5, 2006 with implementing that Agree14 ment. Each such report shall include a description of—

15 (1) the assets that the United States military, in

16 concert with the United States North Atlantic Treaty

17 Organisation (NATO) allies, are able to offer the Afri18 can Union Mission in Sudan (AMIS) and any

19 United Nations peacekeeping mission authorized for

20 Darfur;

21 (2) any plans of the Secretary of Defense to sup22 port the AMIS by providing information regarding

23 the location of belligerents and potential violations of

24 the Darfur Peace Agreement and assistance to im-
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1 prove the AMIS use of intelligence and tactical mobil2 ity;

3 (3) the resources that will be used during the

4 current fiscal year to provide the support described in

5 paragraph (2) and the resources that will be needed

6 during the next fiscal year to provide such support;

7 (4) the efforts of the Secretary of Defense and

8 Secretary of State to leverage troop contributions

9 from other countries to serve in the proposed United

10 Nation peacekeeping mission for Darfur;

11 (5) any plans of the Secretary of Defense to par12 ticipate in the deployment of any NATO mentoring

13 or technical assistance teams to Darfur to assist the

14 AMIS; and

15 (6) any actions carried out by the Secretary of

16 Defense to address deficiencies in the AMIS commu17 nications systems, particularly the interoperability of

18 communications equipment.
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1 TITLE XIII—COOPERATIVE

2 THREAT REDUCTION WITH

3 STATES OF THE FORMER SO4 VIET UNION

5 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE6 DUCTION PROGRAMS AND FUNDS.

7 (a) SPECIFICATION OF CTR PROGRAMS.—For pur8 poses of section 301 and other provisions of this Act, Coop9 erative Threat Reduction programs are the programs speci10 fied in section 1501(b) of the National Defense Authoriza11 tion Act for Fiscal Year 1997 (Public Law 104–201; 110

12 Stat. 2731; 50 U.S.C. 2362 note).

13 (b) FISCAL YEAR 2007 COOPERATIVE THREAT REDUC14 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis15 cal year 2007 Cooperative Threat Reduction funds’’ means

16 the funds appropriated pursuant to the authorization of ap17 propriations in section 301 for Cooperative Threat Reduc18 tion programs.

19 (c) AVAILABILITY OF FUNDS.—Funds appropriated

20 pursuant to the authorization of appropriations in section

21 301 for Cooperative Threat Reduction programs shall be

22 available for obligation for three fiscal years.

23 SEC. 1302. FUNDING ALLOCATIONS.

24 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the

25 $372,128,000 authorized to be appropriated to the Depart-
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1 ment of Defense for fiscal year 2007 in section 301(19) for

2 Cooperative Threat Reduction programs, the following

3 amounts may be obligated for the purposes specified:

4 (1) For strategic offensive arms elimination in

5 Russia, $77,000,000.

6 (2) For nuclear weapons storage security in Rus7 sia, $87,100,000.

8 (3) For nuclear weapons transportation security

9 in Russia, $33,000,000.

10 (4) For weapons of mass destruction prolifera11 tion prevention in the states of the former Soviet

12 Union, $37,500,000.

13 (5) For biological weapons proliferation preven14 tion in the former Soviet Union, $68,400,000.

15 (6) For chemical weapons destruction in Russia,

16 $42,700,000.

17 (7) For defense and military contacts,

18 $8,000,000.

19 (8) For activities designated as Other Assess20 ments/Administrative Support, $18,500,000.

21 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

22 FUNDS FOR OTHER PURPOSES.—No fiscal year 2007 Coop23 erative Threat Reduction funds may be obligated or ex24 pended for a purpose other than a purpose listed in para25 graphs (1) through (8) of subsection (a) until 30 days after
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1 the date that the Secretary of Defense submits to Congress

2 a report on the purpose for which the funds will be obligated

3 or expended and the amount of funds to be obligated or ex4 pended. Nothing in the preceding sentence shall be construed

5 as authorizing the obligation or expenditure of fiscal year

6 2007 Cooperative Threat Reduction funds for a purpose for

7 which the obligation or expenditure of such funds is specifi8 cally prohibited under this title or any other provision of

9 law.

10 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

11 AMOUNTS.—

12 (1) AUTHORITY.—Subject to paragraphs (2) and

13 (3), in any case in which the Secretary of Defense de14 termines that it is necessary to do so in the national

15 interest, the Secretary may obligate amounts appro16 priated for fiscal year 2007 for a purpose listed in

17 any of the paragraphs in subsection (a) in excess of

18 the specific amount authorized for that purpose.

19 (2) NOTICE AND WAIT.—An obligation of funds

20 for a purpose stated in any of the paragraphs in sub21 section (a) in excess of the specific amount authorized

22 for such purpose may be made using the authority

23 provided in paragraph (1) only after—

24 (A) the Secretary submits to Congress noti25 fication of the intent to do so together with a
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1 complete discussion of the justification for doing

2 so; and

3 (B) 15 days have elapsed following the date

4 of the notification.

5 (3) LIMITATION.—The Secretary may not, under

6 the authority provided in paragraph (1), obligate

7 amounts for a purpose stated in any of paragraphs

8 (6) through (8) of subsection (a) in excess of 125 per9 cent of the specific amount authorized for such pur10 pose.

11 SEC. 1303. EXTENSION OF TEMPORARY AUTHORITY TO

12 WAIVE LIMITATION ON FUNDING FOR CHEM13 ICAL WEAPONS DESTRUCTION FACILITY IN

14 RUSSIA.

15 Section 1303(b) of the Ronald W. Reagan National De16 fense Authorization Act for Fiscal Year 2005 (Public Law

17 108–375; 118 Stat. 2094; 22 U.S.C. 5952 note) is amended

18 by striking ‘‘December 31, 2006, and no waiver shall re19 main in effect after that date’’ and inserting ‘‘December 31,

20 2011’’.

21 SEC. 1304. REMOVAL OF CERTAIN RESTRICTIONS ON PROVI22 SION OF COOPERATIVE THREAT REDUCTION

23 ASSISTANCE.

24 (a) REPEAL OF RESTRICTIONS.—
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1 (1) SOVIET NUCLEAR THREAT REDUCTION ACT

2 OF 1991.—Section 211(b) of the Soviet Nuclear Threat

3 Reduction Act of 1991 (title II of Public Law 102–

4 228; 22 U.S.C. 2551 note) is repealed.

5 (2) COOPERATIVE THREAT REDUCTION ACT OF

6 1993.—Section 1203(d) of the Cooperative Threat Re7 duction Act of 1993 (title XII of Public Law 103–160;

8 22 U.S.C. 5952(d)) is repealed.

9 (3) RUSSIAN CHEMICAL WEAPONS DESTRUCTION

10 FACILITIES.—Section 1305 of the National Defense

11 Authorization Act for Fiscal Year 2000 (Public Law

12 106–65; 22 U.S.C. 5952 note) is repealed.

13 (b) INAPPLICABILITY OF OTHER RESTRICTIONS.—

14 Section 502 of the Freedom for Russia and Emerging

15 Eurasian Democracies and Open Markets Support Act of

16 1992 (Public Law 102–511; 106 Stat. 3338; 22 U.S.C.

17 5852) shall not apply to any Cooperative Threat Reduction

18 program.
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1 TITLE XIV—AUTHORIZATION

2 FOR INCREASED COSTS DUE

3 TO OPERATION IRAQI FREE4 DOM AND OPERATION EN5 DURING FREEDOM

6 SEC. 1401. PURPOSE.

7 The purpose of this title is to authorize anticipated

8 future emergency supplemental appropriations for the De9 partment of Defense for fiscal year 2007 to provide funds

10 for additional costs due to Operation Iraqi Freedom and

11 Operation Enduring Freedom.

12 SEC. 1402. ARMY PROCUREMENT.

13 Funds are hereby authorized to be appropriated for fis14 cal year 2007 for procurement accounts of the Army in

15 amounts as follows:

16 (1) For aircraft, $404,100,000.

17 (2) For missile procurement, $450,000,000.

18 (3) For weapons and tracked combat vehicles,

19 $214,400,000.

20 (4) For other procurement, $686,600,000.

21 SEC. 1403. MARINE CORPS PROCUREMENT.

22 Funds are hereby authorized to be appropriated for fis23 cal year 2007 for the procurement account for the Marine

24 Corps in the amount of $319,800,000.
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1 SEC. 1404. AIR FORCE PROCUREMENT.

2 Funds are hereby authorized to be appropriated for fis3 cal year 2007 for the aircraft procurement account for the

4 Air Force in the amount of $51,800,000.

5 SEC. 1405. OPERATION AND MAINTENANCE.

6 Funds are hereby authorized to be appropriated for fis7 cal year 2007 for the use of the Armed Forces for expenses,

8 not otherwise provided for, for operation and maintenance,

9 in amounts as follows:

10 (1) For the Army, $22,124,466,000.

11 (2) For the Navy, $2,349,560,000.

12 (3) For the Marine Corps, $1,544,920,000.

13 (4) For the Air Force, $2,779,898,000.

14 (5) For Defense-wide activities, $3,388,402,000.

15 (6) For the Army National Guard, $59,000,000.

16 SEC. 1406. DEFENSE HEALTH PROGRAM.

17 Funds are hereby authorized to be appropriated for the

18 Department of Defense for fiscal year 2007 for expenses, not

19 otherwise provided for, for the Defense Health Program in

20 the amount of $960,200,000 for operation and maintenance.

21 SEC. 1407. MILITARY PERSONNEL.

22 There is hereby authorized to be appropriated to the

23 Department of Defense for fiscal year 2007 for military per24 sonnel accounts a total of $7,335,872,000.
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1 SEC. 1408. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT

2 FUND.

3 There is hereby authorized to be appropriated to the

4 Department of Defense for fiscal year for the Joint Impro5 vised Explosive Device Defeat Fund a total of

6 $2,100,000,000.

7 SEC. 1409. CLASSIFIED PROGRAMS.

8 There is hereby authorized to be appropriated to the

9 Department of Defense for fiscal year 2007 for classified

10 programs a total of $3,000,000,000.

11 SEC. 1410. IRAQ FREEDOM FUND.

12 (a) IN GENERAL.—Funds are hereby authorized to be

13 appropriated for fiscal year 2007 for the Iraq Freedom

14 Fund in the amount of $2,230,982,000.

15 (b) TRANSFER.—

16 (1) TRANSFER AUTHORIZED.—Subject to para17 graph (2), amounts authorized to be appropriated by

18 subsection (a) may be transferred from the Iraq Free19 dom Fund to any accounts as follows:

20 (A) Operation and maintenance accounts of

21 the Armed Forces.

22 (B) Military personnel accounts.

23 (C) Research, development, test, and evalua24 tion accounts of the Department of Defense.

25 (D) Procurement accounts of the Depart26 ment of Defense.
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1 (E) Accounts providing funding for classi2 fied programs.

3 (F) The operating expenses account of the

4 Coast Guard.

5 (2) NOTICE TO CONGRESS.—A transfer may not

6 be made under the authority in paragraph (1) until

7 five days after the date on which the Secretary of De8 fense notifies the congressional defense committees in

9 writing of the transfer.

10 (3) TREATMENT OF TRANSFERRED FUNDS.—

11 Amounts transferred to an account under the author12 ity in paragraph (1) shall be merged with amounts

13 in such account and shall be made available for the

14 same purposes, and subject to the same conditions

15 and limitations, as amounts in such account.

16 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A

17 transfer of an amount to an account under the au18 thority in paragraph (1) shall be deemed to increase

19 the amount authorized for such account by an

20 amount equal to the amount transferred.

21 SEC. 1411. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

22 The amounts authorized to be appropriated by this

23 title are in addition to amounts otherwise authorized to be

24 appropriated by this Act.
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1 SEC. 1412. TRANSFER AUTHORITY.

2 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—

3 (1) AUTHORITY.—Upon determination by the

4 Secretary of Defense that such action is necessary in

5 the national interest, the Secretary may transfer

6 amounts of authorizations made available to the De7 partment of Defense in this title for fiscal year 2007

8 between any such authorizations for that fiscal year

9 (or any subdivisions thereof). Amounts of authoriza10 tions so transferred shall be merged with and be

11 available for the same purposes as the authorization

12 to which transferred.

13 (2) LIMITATION.—The total amount of author14 izations that the Secretary may transfer under the

15 authority of this section may not exceed

16 $2,500,000,000. The transfer authority provided in

17 this section is in addition to any other transfer au18 thority available to the Secretary of Defense.

19 (b) LIMITATIONS.—The authority provided by this sec20 tion to transfer authorizations—

21 (1) may only be used to provide authority for

22 items that have a higher priority than the items from

23 which authority is transferred;

24 (2) may not be used to provide authority for an

25 item that has been denied authorization by Congress;

26 and
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1 (3) may not be combined with the authority

2 under section 1001.

3 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans4 fer made from one account to another under the authority

5 of this section shall be deemed to increase the amount au6 thorized for the account to which the amount is transferred

7 by an amount equal to the amount transferred.

8 (d) NOTICE TO CONGRESS.—A transfer may be made

9 under the authority of this section only after the Secretary

10 of Defense—

11 (1) consults with the chairmen and ranking

12 members of the congressional defense committees with

13 respect to the proposed transfer; and

14 (2) after such consultation, notifies those com15 mittees in writing of the proposed transfer not less

16 than five days before the transfer is made.

17 SEC. 1413. AVAILABILITY OF FUNDS.

18 Funds in this title shall be made available for obliga19 tion to the Army, Navy, Marine Corps, Air Force, and De20 fense-wide components by the end of the second quarter of

21 fiscal year 2007.

22 SEC. 1414. AMOUNT FOR PROCUREMENT OF HEMOSTATIC

23 AGENTS FOR USE IN THE FIELD.

24 (a) SENSE OF CONGRESS.—It is the sense of Congress

25 that every member of the Armed Forces deployed in a com-
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1 bat zone should carry life saving resources on them, includ2 ing hemostatic agents.

3 (b) AVAILABILITY OF FUNDS.—(1) Of the amount au4 thorized under section 1405(1) for operation and mainte5 nance for the Army, $15,000,000 may be made available

6 for the procurement of a sufficient quantity of hemostatic

7 agents, including blood-clotting bandages, for use by mem8 bers of the Armed Forces in the field so that each soldier

9 serving in Iraq and Afghanistan is issued at least one hemo10 static agent and accompanying medical personnel have a

11 sufficient inventory of hemostatic agents.

12 (2) Of the amount authorized under section 1405(3)

13 for operation and maintenance for the Marine Corps,

14 $5,000,000 may be made available for the procurement of

15 a sufficient quantity of hemostatic agents, including blood16 clotting bandages, for use by members of the Armed Forces

17 in the field so that each Marine serving in Iraq and Afghan18 istan is issued at least one hemostatic agent and accom19 panying medical personnel have a sufficient inventory of

20 hemostatic agents.

21 (c) REPORT.—Not later than 60 days after the date

22 of the enactment of this Act, the Secretary of Defense shall

23 submit to the congressional defense committees a report on

24 the distribution of hemostatic agents to members of the

25 Armed Forces serving in Iraq and Afghanistan, including
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1 a description of any distribution problems and attempts to

2 resolve such problems.

3 SEC. 1415. OUR MILITARY KIDS YOUTH SUPPORT PROGRAM.

4 (a) ARMY FUNDING FOR EXPANSION OF PROGRAM.—

5 Of the amount authorized to be appropriated by section

6 1405(1) for operation and maintenance for the Army,

7 $1,500,000 may be available for the expansion nationwide

8 of the Our Military Kids youth support program for de9 pendents of elementary and secondary school age of mem10 bers of the National Guard and Reserve who are severely

11 wounded or injured during deployment.

12 (b) ARMY NATIONAL GUARD FUNDING FOR EXPANSION

13 OF PROGRAM.—Of the amount authorized to be appro14 priated by section 1405(6) for operation and maintenance

15 for the Army National Guard, $500,000 may be available

16 for the expansion nationwide of the Our Military Kids

17 youth support program.

18 SEC. 1416. JOINT ADVERTISING, MARKET RESEARCH AND

19 STUDIES PROGRAM.

20 (a) INCREASE IN AMOUNT FOR OPERATION AND MAIN21 TENANCE, DEFENSE-WIDE.—The amount authorized to be

22 appropriated by section 301(5) for operation and mainte23 nance for Defense-wide activities, is hereby increased by

24 $10,000,000.
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1 (b) AVAILABILITY OF AMOUNT.—Of the amount au2 thorized to be appropriated by section 1405(5) for operation

3 and maintenance for Defense-wide activities, as increased

4 by subsection (a), $10,000,000 may be available for the

5 Joint Advertising, Market Research and Studies (JAMRS)

6 program.

7 (c) OFFSET.—The amount authorized to be appro8 priated by section 421 for military personnel is hereby de9 creased by $10,000,000, due to unexpended obligations, if

10 available.

11 SEC. 1417. REPORT.

12 Not later than 120 days after the date of enactment

13 of this Act, the Secretary of Defense shall submit to the

14 Committees on Armed Services of the Senate and House of

15 Representatives a report on how the data, including social

16 security numbers, contained in the Joint Advertising, Mar17 ket Research and Studies (JAMRS) program is maintained

18 and protected, including the security measures in place to

19 prevent unauthorized access or inadvertent disclosure of the

20 data that could lead to identity theft.
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1 SEC. 1418. SUBMITTAL TO CONGRESS OF DEPARTMENT OF

2 DEFENSE SUPPLEMENTAL AND COST OF WAR

3 EXECUTION REPORTS.

4 Section 1221(c) of the National Defense Authorization

5 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat.

6 3462; 10 U.S.C. 113 note) is amended—

7 (1) in the subsection caption by inserting ‘‘CON8 GRESS AND’’ after ‘‘SUBMISSION TO’’; and

9 (2) by inserting ‘‘the congressional defense com10 mittees and’’ before ‘‘the Comptroller General’’.

11 SEC. 1419. LIMITATION ON AVAILABILITY OF FUNDS FOR

12 CERTAIN PURPOSES RELATING TO IRAQ.

13 No funds authorized to be appropriated by this Act

14 may be obligated or expended for a purpose as follows:

15 (1) To establish a permanent United States mili16 tary installation or base in Iraq.

17 (2) To exercise United States control over the oil

18 resources of Iraq.

19 DIVISION B—MILITARY CON20 STRUCTION AUTHORIZA21 TIONS

22 SEC. 2001. SHORT TITLE.

23 This division may be cited as the ‘‘Military Construc24 tion Authorization Act for Fiscal Year 2007’’.
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1 TITLE XXI—ARMY

2 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

3 ACQUISITION PROJECTS.

4 (a) INSIDE THE UNITED STATES.—Using amounts ap5 propriated pursuant to the authorization of appropriations

6 in section 2104(a)(1), the Secretary of the Army may ac7 quire real property and carry out military construction

8 projects for the installations or locations inside the United

9 States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or Location Amount

Alabama ................................. Redstone Arsenal .............................. $20,000,000

Alaska ..................................... Fort Richardson ............................... $72,300,000

Fort Wainwright .............................. $8,800,000

California ............................... Fort Irwin ......................................... $10,000,000

Colorado ................................. Fort Carson ....................................... $24,000,000

Georgia ................................... Fort Gillem ....................................... $15,000,000

Fort Stewart/Hunter Army Air

Field.

$95,300,000

Hawaii ................................... Schofield Barracks ........................... $54,500,000

Kansas .................................... Fort Leavenworth ............................. $15,000,000

Fort Riley ......................................... $47,400,000

Kentucky ................................ Blue Grass Army Depot .................. $3,500,000

Fort Campbell ................................... $127,200,000

Louisiana ............................... Fort Polk ........................................... $9,800,000

Maryland ............................... Aberdeen Proving Ground ............... $8,800,000

Michigan ................................ Detroit Arsenal ................................. $18,500,000

Missouri ................................. Fort Leonard Wood .......................... $23,900,000

New York ................................ Fort Drum ........................................ $209,200,000

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 ...................................... Fort Hood ......................................... $75,000,000

Red River Depot ............................... $6,000,000

Utah ....................................... Dugway Proving Ground ................ $14,400,000

Virginia .................................. Fort Belvoir ...................................... $58,000,000

Washington ............................ Fort Lewis ......................................... $502,600,000

10 (b) OUTSIDE THE UNITED STATES.—Using amounts

11 appropriated pursuant to the authorization of appropria12 tions in section 2104(a)(2), the Secretary of the Army may
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1 acquire real property and carry out military construction

2 projects for the installations or locations outside the United

3 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 .............................. $77,000,000

Yongpyong ........................................... $7,400,000

Romania .................................. Babadag Range ................................... $34,800,000

4 SEC. 2102. FAMILY HOUSING.

5 (a) CONSTRUCTION AND ACQUISITION.—Using

6 amounts appropriated pursuant to the authorization of ap7 propriations in section 2104(a)(5)(A), the Secretary of the

8 Army may construct or acquire family housing units (in9 cluding land acquisition and supporting facilities) at the

10 installations or locations, for the purposes, and in the

11 amounts set forth in the following table:

Army: Family Housing

State Installation or Location Purpose Amount

Alaska .............................. Fort Richardson ................... 162 Units ..... $70,000,000

Fort Wainwright .................. 234 Units ..... $132,000,000

Arizona ............................ Fort Huachuca ..................... 119 Units ..... $32,000,000

Arkansas .......................... Pine Bluff Arsenal ............... 10 Units ....... $2,900,000

Wisconsin ......................... Fort McCoy .......................... 13 Units ....... $4,900,000

12 (b) PLANNING AND DESIGN.—Using amounts appro13 priated pursuant to the authorization of appropriations in

14 section 2104(a)(5)(A), the Secretary of the Army may carry

15 out architectural and engineering services and construction

16 design activities with respect to the construction or im-
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1 provement of family housing units in an amount not to

2 exceed $16,332,000.

3 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

4 UNITS.

5 Subject to section 2825 of title 10, United States Code,

6 and using amounts appropriated pursuant to the author7 ization of appropriations in section 2104(a)(5)(A), the Sec8 retary of the Army may improve existing military family

9 housing units in an amount not to exceed $336,859,000.

10 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

12 hereby authorized to be appropriated for fiscal years begin13 ning after September 30, 2006, for military construction,

14 land acquisition, and military family housing functions of

15 the Department of the Army in the total amount of

16 $3,452,581,000 as follows:

17 (1) For military construction projects inside the

18 United States authorized by section 2101(a),

19 $1,266,650,000.

20 (2) For military construction projects outside the

21 United States authorized by section 2101(b),

22 $525,982,000.

23 (3) For unspecified minor military construction

24 projects authorized by section 2805 of title 10, United

25 States Code, $23,000,000.
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1 (4) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $217,629,000.

4 (5) For military family housing functions:

5 (A) For construction and acquisition, plan6 ning and design, and improvement of military

7 family housing and facilities, $594,991,000.

8 (B) For support of military family housing

9 (including the functions described in section

10 2833 of title 10, United States Code),

11 $676,829,000.

12 (6) For the construction of increment 2 of a bar13 racks complex at Fort Drum, New York, authorized

14 by section 2101(a) of the Military Construction Au15 thorization Act for fiscal year 2006 (division B of

16 Public Law 109–163; 119 Stat. 3485), $16,500,000.

17 (7) For the construction of increment 2 of a bar18 racks complex for divisional artillery at Fort Bragg,

19 North Carolina, authorized by section 2101(a) of the

20 Military Construction Authorization Act for fiscal

21 year 2006 (division B of Public Law 109–163; 119

22 Stat. 3485), $37,000,000.

23 (8) For the construction of increment 2 of a bar24 racks complex for the 3rd Brigade at Fort Bragg,

25 North Carolina, authorized by section 2101(a) of the
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1 Military Construction Authorization Act for Fiscal

2 Year 2006 (division B of Public Law 109–163; 119

3 Stat. 3485), $50,000,000.

4 (9) For the construction of increment 2 of a bar5 racks complex for the 2nd Brigade at Fort Bragg,

6 North Carolina, authorized by section 2101(a) of the

7 Military Construction Authorization Act for Fiscal

8 Year 2006 (division B of Public Law 109–163; 119

9 Stat. 3485), $31,000,000.

10 (10) For the construction of phase 2 of the De11 fense Access Road at Fort Belvoir, Virginia, author12 ized by section 2101(a) of the Military Construction

13 Authorization Act for Fiscal Year 2006 (division B of

14 Public Law 109–163; 119 Stat. 3486), $13,000,000.

15 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

16 PROJECTS.—Notwithstanding the cost variations author17 ized by section 2853 of title 10, United States Code, and

18 any other cost variation authorized by law, the total cost

19 of all projects carried out under section 2101 of this Act

20 may not exceed the sum of the following:

21 (1) The total amount authorized to be appro22 priated under paragraphs (1) and (2) of subsection

23 (a).
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1 (2) $306,000,000 (the balance of the amount au2 thorized under section 2101(a) for construction of a

3 brigade complex for Fort Lewis, Washington).

4 (3) $40,400,000 (the balance of the amount au5 thorized under section 2101(a) of the Military Con6 struction Authorization Act for Fiscal Year 2005 (di7 vision B of Public Law 108–375; 118 Stat. 2101) for

8 construction of a barracks complex for divisional ar9 tillery for Fort Bragg, North Carolina).

10 TITLE XXII—NAVY

11 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

12 ACQUISITION PROJECTS.

13 (a) INSIDE THE UNITED STATES.—Using amounts ap14 propriated pursuant to the authorization of appropriations

15 in section 2204(a)(1), the Secretary of the Navy may ac16 quire real property and carry out military construction

17 projects for the installations or locations inside the United

18 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

Marine Corps Base, Camp Pendleton ....... $106,142,000

Marine Corps Air Station, Miramar ........ $2,968,000

Naval Air Station, North Island ............... $21,535,000

Marine Corps Base, Twentynine Palms ... $8,217,000

Connecticut ...................... Naval Submarine Base, New London ....... $9,580,000

Florida .............................. Cape Canaveral ........................................... $9,900,000

Naval Station, Pensacola ........................... $13,486,000

Georgia ............................. Marine Corps Logistics Base, Albany ....... $62,000,000

Navy Submarine Base, Kings Bay ........... $20,282,000

Hawaii ............................. Naval Base, Pearl Harbor ......................... $48,338,000

Naval Shipyard, Pearl Harbor ................. $22,000,000

Indiana ............................. Naval Support Activity, Crane ................. $6,730,000

Maine ................................ Portsmouth Naval Shipyard ...................... $9,650,000
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Navy: Inside the United States—Continued

State Installation or Location Amount

Maryland .......................... Naval Air Station, Patuxent River ........... $16,316,000

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, New River ..... $27,300,000

Marine Corps Base, Camp Lejeune ........... $160,904,000

Rhode Island .................... Naval Station, Newport ............................. $3,410,000

South Carolina ................ Marine Corps Air Station, Beaufort ......... $14,970,000

Virginia ............................ Marine Corps Base, Quantico ................... $30,628,000

Naval Special Weapons Center, Dahlgren $9,850,000

Naval Shipyard, Norfolk ............................ $34,952,000

Naval Station, Norfolk ............................... $12,062,000

Naval Support Activity, Norfolk ............... $38,962,000

Washington ...................... Naval Air Station, Whidbey Island .......... $67,303,000

Naval Submarine Base, Bangor ................ $13,507,000

1 (b) OUTSIDE THE UNITED STATES.—.Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the installation or location outside the United

6 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

7 (c) UNSPECIFIED WORLDWIDE.—Using the amounts

8 appropriated pursuant to the authorization of appropria9 tions in section 2204(a)(3), the Secretary of the Navy may

10 acquire real property and carry out military construction

11 projects for unspecified installations or locations in the

12 amount set forth in the following table:
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Navy: Unspecified Worldwide

Location Installation or Location Amount

Various Locations ............ Helicopter Support Facility ........................ $12,185,000

1 SEC. 2202. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(a)(6)(A), the Secretary of the

5 Navy may construct or acquire family housing units (in6 cluding land acquisition and supporting facilities) at the

7 installations or locations, for the purposes, and in the

8 amount set forth in the following table:

Navy: Family Housing

State Installation or Location Purpose Amount

California ........................ Marine Corps Logistics

Base, Barstow .................. 74 Units ....... $27,851,000

Guam ............................... Naval Base, Guam ............... 176 Units ..... $98,174,000

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in

11 section 2204(a)(6)(A), the Secretary of the Navy may carry

12 out architectural and engineering services and construction

13 design activities with respect to the construction or im14 provement of family housing units in an amount not to

15 exceed $2,600,000.

16 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

17 UNITS.

18 Subject to section 2825 of title 10, United States Code,

19 and using amounts appropriated pursuant to the author-
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1 ization of appropriations in section 2204(a)(6)(A), the Sec2 retary of the Navy may improve existing military family

3 housing units in an amount not to exceed $176,446,000.

4 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

6 hereby authorized to be appropriated for fiscal years begin7 ning after September 30, 2006, for military construction,

8 land acquisition, and military family housing functions of

9 the Department of the Navy in the total amount of

10 $2,072,435,000, as follows:

11 (1) For military construction projects inside the

12 United States authorized by section 2201(a),

13 $808,750,000.

14 (2) For military construction projects outside the

15 United States authorized by section 2201(b),

16 $50,524,000.

17 (3) For military construction projects at unspec18 ified worldwide locations authorized by section

19 2201(c), $12,185,000.

20 (4) For unspecified minor military construction

21 projects authorized by section 2805 of title 10, United

22 States Code, $8,939,000.

23 (5) For architectural and engineering services

24 and construction design under section 2807 of title

25 10, United States Code, $71,247,000.
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1 (6) For military family housing functions:

2 (A) For construction and acquisition, plan3 ning and design, and improvement of military

4 family housing and facilities, $305,071,000.

5 (B) For support of military family housing

6 (including functions described in section 2833 of

7 title 10, United States Code), $498,525,000.

8 (7) For the construction of increment 2 of a heli9 copter hangar replacement at Naval Air Station,

10 Jacksonville, Florida, authorized by section 2201(a) of

11 the Military Construction Authorization Act for Fis12 cal Year 2006 (division B of Public Law 109–163;

13 119 Stat. 3489), $43,250,000.

14 (8) For the construction of increment 2 of Alpha

15 and Bravo wharf improvements at Naval Base,

16 Guam, Marianas Islands, authorized by section

17 2201(b) of the Military Construction Authorization

18 Act for Fiscal Year 2006 (division B of Public Law

19 109–163; 119 Stat. 3490), $29,772,000.

20 (9) For the construction of increment 2 of recruit

21 training barracks infrastructure upgrade at Recruit

22 Training Command, Great Lakes, Illinois, authorized

23 by section 2201(a) of the Military Construction Au24 thorization Act for Fiscal Year 2006 (division B of

25 Public Law 109–163; 119 Stat. 3490), $23,589,000.
†

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1 (10) For the construction of increment 2 of the

2 Wesley Brown Field House at the United States

3 Naval Academy, Annapolis, Maryland, authorized by

4 section 2201(a) of the Military Construction Author5 ization Act for Fiscal Year 2006 (division B of Public

6 Law 109–163; 119 Stat. 3490), $26,685,000.

7 (11) For the construction of increment 2 of

8 wharf upgrades at Naval Station, Yokosuka, Japan,

9 authorized by section 2201(b) of the Military Con10 struction Authorization Act for Fiscal Year 2006 (di11 vision B of Public Law 109–163; 119 Stat. 3490),

12 $44,360,000.

13 (12) For the construction of increment 2 of the

14 ship repair pier 3 replacement at Naval Station, Nor15 folk, Virginia, authorized by section 2201(a) of the

16 Military Construction Authorization Act for Fiscal

17 Year 2006 (division B of Public Law 109–163; 119

18 Stat. 3490), $30,939,000.

19 (13) For the construction of increment 2 of the

20 Bachelor Enlisted Quarters Homeport Ashore Pro21 gram at Naval Station, Everett, Washington, author22 ized by section 2201(a) of the Military Construction

23 Authorization Act for Fiscal Year 2006 (division B of

24 Public Law 109–163; 119 Stat.3490), $20,917,000.
†

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1 (14) For the construction of phase 2 of the rec2 lamation and conveyance project at Marine Corps

3 Base, Camp Pendleton, California, authorized by sec4 tion 2201(a) of the Military Construction Authoriza5 tion Act for Fiscal Year 2006 (division B of Public

6 Law 109–163; 119 Stat. 3489), $33,290,000.

7 (15) For the construction of increment 3 of the

8 Navy Outlaying Landing Field facilities at Wash9 ington County, North Carolina, authorized for var10 ious locations, continental United States, by section

11 2201(a) of the Military Construction Authorization

12 Act for Fiscal Year 2004 (division B of Public Law

13 108–136; 117 Stat. 1704), $7,926,000.

14 (16) For the construction of increment 3 of the

15 limited area production and storage complex at Stra16 tegic Weapons Facility Pacific, Bangor, Washington,

17 authorized by section 2201(a) of the Military Con18 struction Authorization Act for Fiscal Year 2005 (di19 vision B of Public Law 108–375; 118 Stat. 2106),

20 $14,274,000.

21 (17) For the construction of increment 4 of pier

22 11 replacement at Naval Station, Norfolk, Virginia,

23 authorized by section 2201(a) of the Military Con24 struction Authorization Act for Fiscal Year 2004 (di-
†

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1 vision B of Public Law 108–136; 117 Stat. 1704),

2 $30,633,000.

3 (18) For the construction of increment 2 of an

4 addition to Hockmuth Hall at Marine Corps Base,

5 Quantico, Virginia, authorized by section 2201(a) of

6 the Military Construction Authorization Act for Fis7 cal Year 2006 (division B of Public Law 109–163;

8 119 Stat. 3490), $11,559,000.

9 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

10 PROJECTS.—Notwithstanding the cost variations author11 ized by section 2853 of title 10, United States Code, and

12 any other cost variation authorized by law, the total cost

13 of all projects carried out under section 2201 of this Act

14 may not exceed the sum of the following:

15 (1) The total amount authorized to be appro16 priated under paragraphs (1), (2), and (3) of sub17 section (a).

18 (2) $39,874,000 (the balance of the amount au19 thorized under section 2201(a) of the Military Con20 struction Authorization Act for Fiscal Year 2004 (di21 vision B of Public Law 108–136; 117 Stat. 1704) for

22 various locations, continental United States).

23 (3) $33,951,000 (the balance of the amount au24 thorized under section 2201(a) of the Military Con25 struction Authorization Act for Fiscal Year 2005 (di-
†

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1 vision B of Public Law 108–375; 118 Stat. 2106) for

2 construction of a limited area production and storage

3 complex at Strategic Weapons Facility Pacific, Ban4 gor, Washington).

5 (4) $22,661,000 (the balance of the amount au6 thorized under section 2201(a) of the Military Con7 struction Authorization Act for Fiscal Year 2006 (di8 vision B of Public Law 109–163; 119 Stat. 3490) for

9 infrastructure upgrades at Recruit Training Com10 mand, Great Lakes, Illinois).

11 (5) $24,740,000 (the balance of the amount au12 thorized under section 2201(b) of the Military Con13 struction Authorization Act for Fiscal Year 2006 (di14 vision B of Public Law 109–163; 119 Stat. 3490) for

15 wharf upgrades at Naval Station, Yokosuka, Japan.

16 (6) $56,159,000 (the balance of the amount au17 thorized under section 2201(a) for construction of a

18 National Maritime Intelligence Center addition at

19 Suitland, Maryland).

20 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT

21 CERTAIN FISCAL YEAR 2006 PROJECTS.

22 (a) MODIFICATION OF INSIDE THE UNITED STATES

23 PROJECTS.—The table in section 2201(a) of the Military

24 Construction Authorization Act for Fiscal Year 2006 (divi-
†

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1 sion B of Public Law 109–163; 119 Stat. 3489) is

2 amended—

3 (1) in the item related to Marine Corps Base,

4 Camp Pendleton, California, by striking

5 ‘‘$90,437,000’’ in the amount column and inserting

6 ‘‘$86,006,000’’; and

7 (2) in the item relating to Marine Corps Base,

8 Quantico, Virginia, by striking ‘‘$18,429,000’’ in the

9 amount column and inserting ‘‘$19,829,000’’.

10 (b) CONFORMING AMENDMENTS.—Section 2204(b) of

11 that Act (119 Stat. 3492) is amended—

12 (1) in paragraph (2), by striking ‘‘$37,721,000’’

13 and inserting ‘‘$33,290,000’’; and

14 (2) in paragraph (7), by striking ‘‘$10,159,000’’

15 and inserting ‘‘$11,559,000’’.

16 TITLE XXIII—AIR FORCE

17 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

18 LAND ACQUISITION PROJECTS.

19 (a) INSIDE THE UNITED STATES.—Using amounts ap20 propriated pursuant to the authorization of appropriations

21 in section 2304(a)(1), the Secretary of the Air Force may

22 acquire real property and carry out military construction

23 projects for the installations or locations inside the United

24 States, and in the amounts, set forth in the following table:
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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 .......... $4,600,000

California ................................. Beale Air Force Base ........................... $28,000,000

Travis Air Force Base ......................... $85,800,000

Colorado .................................... Buckley Air Force Base ....................... $10,700,000

Schriever Air Force Base ..................... $21,000,000

Delaware ................................... Dover Air Force Base ........................... $30,400,000

Florida ...................................... Eglin Air Force Base ........................... $19,350,000

Hurlburt Field ...................................... $32,950,000

MacDill Air Force Base ....................... $71,000,000

Tyndall Air Force Base ....................... $1,800,000

Georgia ...................................... Robins Air Force Base ......................... $52,600,000

Hawaii ...................................... Hickam Air Force Base ....................... $28,538,000

Illinois ....................................... Scott Air Force Base ............................ $28,200,000

Kentucky ................................... Fort Knox ............................................. $3,500,000

Maryland .................................. Andrews Air Force Base ...................... $29,000,000

Massachusetts ........................... Hanscom Air Force Base ..................... $12,400,000

Nevada ...................................... Indian Springs Air Force Auxiliary

Field.

$49,923,000

Nellis Air Force Base ........................... $4,800,000

New Jersey ................................ McGuire Air Force Base ...................... $15,500,000

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 ......................... $8,100,000

South Carolina ......................... Charleston Air Force Base ................... $10,200,000

Shaw Air Force Base ........................... $22,200,000

South Dakota ........................... Ellsworth Air Force Base .................... $3,000,000

Texas ......................................... Fort Bliss .............................................. $8,500,000

Lackland Air Force Base ..................... $13,200,000

Utah .......................................... Hill Air Force Base ............................. $63,400,000

Virginia .................................... Langley Air Force Base ....................... $57,700,000

Wyoming ................................... Francis E. Warren Air Force Base .... $11,000,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the

6 United States, and in the amounts, set forth in the following

7 table:

Air Force: Outside the United States

Country Installation or Location Amount

Germany ................................... Ramstein Air Base ............................... $53,150,000

Guam ........................................ Andersen Air Force Base ..................... $52,800,000

Italy .......................................... Naval Air Station, Sigonella .............. $26,000,000

Korea ......................................... Kunsan Air Base .................................. $46,700,000
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Air Force: Outside the United States—Continued

Country Installation or Location Amount

Osan Air Base ...................................... $2,156,000

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(3), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for unspecified installations or locations in the

6 amounts, set forth in the following table:

Air Force: Unspecified Worldwide

Location Installation or Location Amount

Worldwide Unspecified ............ Common Battlefield Airman Training

Complex.

$14,200,000

Worldwide Classified ............... Classified Project .................................. $3,377,000

Classified—Special Evaluation Program.$4,600,000

Classified ............................................... $1,700,000

7 SEC. 2302. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2304(a)(6)(A), the Secretary of the

11 Air Force may construct or acquire family housing units

12 (including land acquisition and supporting facilities) at

13 the installations or locations, for the purposes, and in the

14 amounts, set forth in the following table:

Air Force: Family Housing

State Installation or Location Purpose Amount

Alaska .............................. Eielson Air Force Base ....... 129 Units ..... $87,414,000

Idaho ................................ Mountain Home Air Force

Base .................................. 457 Units ..... $107,800,000

Missouri ........................... Whiteman Air Force Base ... 116 Units ..... $39,270,000

Montana ........................... Malmstrom Air Force Base 493 Units ..... $140,252,000
†

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Air Force: Family Housing—Continued

State Installation or Location Purpose Amount

North Carolina ................ Seymour Johnson Air Force

Base .................................. 56 Units ....... $22,956,000

North Dakota ................... Minot Air Force Base .......... 575 Units ..... $170,188,000

Texas ................................ Dyess Air Force Base .......... 199 Units ..... $49,215,000

Germany .......................... Ramstein Air Base .............. 101 Units ..... $73,488,000

Spangdahlem Air Base ....... 60 Units ....... $39,294,000

United Kingdom ............. Royal Air Force Lakenheath 74 Units ....... $35,282,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(6)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of family housing units in an amount not

7 to exceed $13,202,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2304(a)(6)(A), the Sec13 retary of the Air Force may improve existing military fam14 ily housing units in an amount not to exceed $403,727,000.

15 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

16 FORCE.

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

18 hereby authorized to be appropriated for fiscal years begin19 ning after September 30, 2006, for military construction,

20 land acquisition, and military family housing functions of
†

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1 the Department of the Air Force in the total amount of

2 $3,195,485,000, as follows:

3 (1) For military construction projects inside the

4 United States authorized by section 2301(a),

5 $863,661,000.

6 (2) For military construction projects outside the

7 United States authorized by section 2301(b),

8 $180,806,000.

9 (3) For military construction projects at unspec10 ified worldwide locations authorized by section

11 2301(c), $23,877,000.

12 (4) For unspecified minor military construction

13 projects authorized by section 2805 of title 10, United

14 States Code, $15,000,000.

15 (5) For architectural and engineering services

16 and construction design under section 2807 of title

17 10, United States Code, $90,632,000.

18 (6) For military family housing functions:

19 (A) For construction and acquisition, plan20 ning and design, and improvement of military

21 family housing and facilities, $1,182,138,000.

22 (B) For support of military family housing

23 (including the functions described in section

24 2833 of title 10, United States Code),

25 $755,071,000.
†

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1 (7) For the construction of increment 2 of the C–

2 17 maintenance complex at Elmendorf Air Force

3 Base, Alaska, authorized by section 2301(a) of the

4 Military Construction Authorization Act for Fiscal

5 Year 2006 (division B of Public Law 109–163; 119

6 Stat. 3494), $30,000,000.

7 (8) For the construction of increment 2 of the

8 main base runway at Edwards Air Force Base, Cali9 fornia, authorized by section 2301(a) of the Military

10 Construction Authorization Act for Fiscal Year 2006

11 (division B of Public Law 109–163; 119 Stat. 3494),

12 $31,000,000.

13 (9) For the construction of increment 2 of the

14 CENTCOM Joint Intelligence Center at MacDill Air

15 Force Base, Florida, authorized by section 2301(a) of

16 the Military Construction Authorization Act for Fis17 cal Year 2006 (division B of Public Law 109–163;

18 119 Stat. 3494), $23,300,000.

19 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

20 PROJECTS.—Notwithstanding the cost variations author21 ized by section 2853 of title 10, United States Code, and

22 any other cost variation authorized by law, the total cost

23 of all projects carried out under section 2301 of this Act

24 may not exceed the sum of the following:
†

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1 (1) The total amount authorized to be appro2 priated under paragraphs (1) (2) and (3) of sub3 section (a).

4 (2) $35,000,000 (the balance of the amount au5 thorized under section 2301(a) of the Military Con6 struction Authorization Act for Fiscal Year 2006 (di7 vision B of Public Law 109–163; 119 Stat. 3494) for

8 construction of a main base runway at Edwards Air

9 Force Base, California).

10 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT

11 CERTAIN FISCAL YEAR 2006 PROJECT.

12 (a) MODIFICATION OF INSIDE THE UNITED STATES

13 PROJECT.—The table in section 2301(a) of the Military

14 Construction Authorization Act for Fiscal Year 2006 (divi15 sion B of Public Law 109–163; Stat. 119 Stat. 3494) is

16 amended in the item relating to MacDill Air Force Base,

17 Florida, by striking ‘‘$107,200,000’’ in the amount column

18 and inserting ‘‘$101,500,000’’.

19 (b) CONFORMING AMENDMENT.—Section 2304(b)(4) of

20 that Act (119 Stat. 3496) is amended by striking

21 ‘‘$29,000,000’’ and inserting ‘‘$23,300,000’’.
†

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1 TITLE XXIV—DEFENSE

2 AGENCIES

3 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 (a) INSIDE THE UNITED STATES.—Using amounts ap6 propriated pursuant to the authorization of appropriations

7 in section 2404(a)(1), the Secretary of Defense may acquire

8 real property and carry out military construction projects

9 for the installations or locations inside the United States,

10 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

Virginia .................. 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

North Carolina .............. Fort Bragg ....................................................... $44,868,000

Marine Corps Base, Camp Lejune ................. $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 .............. Naval Hospital, Jacksonville ....................................... $16,000,000

MacDill Air Force Base ............................................... $87,000,000

Hawaii .............. Naval Base, Pearl Harbor ........................................... $7,700,000
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TRICARE Management Activity—Continued

State Installation or Location Amount

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

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations or locations outside the United

6 States, and in the amounts, set forth in the following tables:

Defense Education Activity

Country Installation or Location Amount

Italy ........................ Camp Ederle ........................................................... $31,460,000

Vicenza ..................................................................... $15,750,000

Korea ...................... Osan Air Base ......................................................... $4,589,000

Spain ...................... Naval Station, Rota ............................................... $23,048,000

Defense Logistics Agency

Country Installation or Location Amount

Japan ................................... Okinawa ..................................................... $5,000,000

Wake Island ......................... Wake Island ............................................... $2,600,000

Missile Defense Agency

Country Installation or Location Amount

Kwajalein ............................ Kwajalein Atoll .......................................... $7,592,000

Special Operations Command

Country Installation or Location Amount

Qatar .................................... Al Udeid Air Base ..................................... $44,500,000

TRICARE Management Activity

Country Installation or Location Amount

Italy ..................................... Vicenza ....................................................... $52,000,000
†

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1 SEC. 2402. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2404(a)(9)(A), the Secretary of the

5 Defense may construct or acquire family housing units (in6 cluding land acquisition and supporting facilities) at the

7 installations or locations, for the purposes, and in the

8 amounts set forth in the following table:

Defense Logistics Agency: Family Housing

State Installation or Location Purpose Amount

Virginia ........................... Defense Supply Center,

Richmond ......................... 25 Units ....... $7,840,000

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in

11 section 2404(a)(9)(A), the Secretary of the Defense may

12 carry out architectural and engineering services and con13 struction design activities with respect to the construction

14 or improvement of family housing units in an amount not

15 to exceed $484,000.

16 SEC. 2403. ENERGY CONSERVATION PROJECTS.

17 Using amounts appropriated pursuant to the author18 ization of appropriations in section 2404(a)(6), the Sec19 retary of Defense may carry out energy conservation

20 projects under section 2865 of title 10, United States Code,

21 in the amount of $60,000,000.
†

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1 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

2 AGENCIES.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

4 hereby authorized to be appropriated for fiscal years begin5 ning after September 30, 2006, for military construction,

6 land acquisition, and military family housing functions of

7 the Department of Defense (other than the military depart8 ments) in the total amount of $7,122,602,000, as follows:

9 (1) For military construction projects inside the

10 United States authorized by section 2401(a),

11 $557,399,000.

12 (2) For military construction projects outside the

13 United States authorized by section 2401(b),

14 $170,789,000.

15 (3) For unspecified minor military construction

16 projects under section 2805 of title 10, United States

17 Code, $21,672,000.

18 (4) For contingency construction projects of the

19 Secretary of Defense under section 2804 of title 10,

20 United States Code, $10,000,000.

21 (5) For architectural and engineering services

22 and construction design under section 2807 of title

23 10, United States Code, $172,150,000.

24 (6) For energy conservation projects authorized

25 by section 2403, $60,000,000.
†

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1 (7) For base closure and realignment activities

2 as authorized by the Defense Base Closure and Re3 alignment Act of 1990 (part A of title XXIX of Public

4 Law 101–510; 10 U.S.C. 2687 note) and funded

5 through the Department of Defense Base Closure Ac6 count 1990 established by section 2906 of such Act,

7 $191,220,000.

8 (8) For base closure and realignment activities

9 as authorized by the Defense Base Closure and Re10 alignment Act of 1990 (part A of title XXIX of Public

11 Law 101–510; 10 U.S.C. 2687 note) and funded

12 through the Department of Defense Base Closure Ac13 count 2005 established by section 2906A of such Act,

14 $5,526,894,000.

15 (9) For military family housing functions:

16 (A) For construction and acquisition, plan17 ning and design, and improvement of military

18 family housing and facilities, $8,808,000.

19 (B) For support of military family housing

20 (including functions described in section 2833 of

21 title 10, United States Code), $48,506,000.

22 (C) For credit to the Department of Defense

23 Family Housing Improvement Fund established

24 by section 2883(a)(1) of title 10, United States

25 Code, $2,500,000.
†

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1 (10) For the construction of increment 8 of a

2 munitions demilitarization facility at Pueblo Chem3 ical Activity, Colorado, authorized by section 2401(a)

4 of the Military Construction Authorization Act for

5 Fiscal Year 1997 (division B of Public Law 104–201;

6 110 Stat. 2775), as amended by section 2406 of the

7 Military Construction Authorization Act for Fiscal

8 Year 2000 (division B of Public Law 106–65; 113

9 Stat. 839), and section 2407 of the Military Construc10 tion Authorization Act for Fiscal Year 2003 (division

11 B of Public Law 107–314; 116 Stat. 2698),

12 $41,836,000.

13 (11) For the construction of increment 7 of a

14 munitions demilitarization facility at Blue Grass

15 Army Depot, Kentucky, authorized by section 2401(a)

16 of the Military Construction Authorization Act for

17 Fiscal Year 2000 (division B of Public Law 106–65;

18 113 Stat. 835), as amended by section 2405 of the

19 Military Construction Authorization Act of 2002 (di20 vision B of Public Law 107–107; 115 Stat. 1298),

21 and section 2405 of the Military Construction Author22 ization Act for Fiscal Year 2003 (division B of Public

23 Law 107–314; 116 Stat. 2698), $99,157,000.

24 (12) For the construction of increment 2 of a re25 placement of a regional security operations center,
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1 Kunia, Hawaii, authorized by section 2401(a) of the

2 Military Construction Authorization Act for Fiscal

3 Year 2006 (division B of Public Law 109–163; 119

4 Stat. 3497), as amended by section 2405(a)(2) of this

5 Act, $47,016,000.

6 (13) For the construction of increment 2 of the

7 classified material conversion facility at Fort Meade,

8 Maryland, authorized by section 2401(a) of the Mili9 tary Construction Authorization Act for Fiscal Year

10 2006 (division B of Public Law 109–163; 119 Stat.

11 3497), $11,151,000.

12 (14) For the construction of increment 2 of a re13 placement of a regional security operations center,

14 Augusta, Georgia, authorized by section 2401(a) of

15 the Military Construction Act for Fiscal Year 2006

16 (division B of Public Law 109–163; 119 Stat. 3497),

17 as amended by section 2405(a)(1) of this Act,

18 $107,118,000.

19 (15) For the construction of increment 2 of con20 struction of an operations building, Menwith Hall

21 Station, United Kingdom, authorized by section

22 2401(b) of the Military Construction Act for Fiscal

23 Year 2006 (division B of Public Law 109–163; 119

24 Stat. 3498), as amended by section 2405(b)(1) of this

25 Act, $46,386,000.
†

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1 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

2 PROJECTS.—Notwithstanding the cost variations author3 ized by section 2853 of title 10, United States Code, and

4 any other cost variation authorized by law, the total cost

5 of all projects carried out under section 2401 of this Act

6 may not exceed the sum of the following:

7 (1) The total amount authorized to be appro8 priated under paragraphs (1), (2), and (3) of sub9 section (a).

10 (2) $184,752,000 (the balance of the amount au11 thorized under section 2401(a) of the Military Con12 struction Authorization Act for Fiscal Year 2006 (di13 vision B of Public Law 109–163; 119 Stat. 3497) for

14 construction of a regional security operations center,

15 Augusta, Georgia).

16 (3) $254,508,000 (the balance of the amount au17 thorized under section 2401(a) of the Military Con18 struction Authorization Act for Fiscal Year 2006 (di19 vision B of Public Law 109–163; 119 Stat. 3497) for

20 construction of a regional security operations center,

21 Kunia, Hawaii).

22 (4) $521,000,000 (the balance of the amount au23 thorized under section 2401(a) for construction of a

24 replacement facility, Fort Detrick, Maryland).
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1 (5) $187,120,000 (the balance of the amount au2 thorized under section 2401(a) of the Military Con3 struction Authorization Act for Fiscal Year 1997 (di4 vision B of Public Law 104–201; 110 Stat. 2775), as

5 amended by section 2406 of the Military Construction

6 Authorization Act for Fiscal Year 2000 (division B of

7 Public Law 106–65; 113 Stat. 839) and section 2407

8 of the Military Construction Authorization Act for

9 Fiscal Year 2003 (division B of Public Law 107–314;

10 116 Stat. 2698), for construction of a munitions de11 militarization facility at Pueblo Chemical Activity,

12 Colorado).

13 (6) $134,554,000 (the balance of the amount au14 thorized under section 2401(a) of the Military Con15 struction Authorization Act for Fiscal Year 2000 (di16 vision B of Public Law 106–65; 113 Stat. 835), as

17 amended by section 2405 of the Military Construction

18 Authorization Act for Fiscal Year 2002 (division B of

19 Public Law 107–107; 115 Stat. 1298) and section

20 2405 of the Military Construction Authorization Act

21 for Fiscal Year 2003 (division B of Public Law 107–

22 314; 116 Stat. 2698), for construction of a munitions

23 demilitarization facility at Blue Grass Army Depot,

24 Kentucky).
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1 SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT

2 CERTAIN FISCAL YEAR 2006 PROJECTS.

3 (a) MODIFICATION OF INSIDE THE UNITED STATES

4 PROJECT.—The table relating to the National Security

5 Agency in section 2401(a) of the Military Construction Au6 thorization Act for Fiscal Year 2006 (division B of Public

7 Law 109–163; 119 Stat. 3497) is amended—

8 (1) in the item relating to Augusta, Georgia, by

9 striking ‘‘$61,466,000’’ in the amount column and in10 serting ‘‘$340,836,000’’; and

11 (2) in the item relating to Kunia, Hawaii, by

12 striking ‘‘$305,000,000’’ in the amount column and

13 inserting ‘‘$350,490,000’’.

14 (b) MODIFICATION OF OUTSIDE THE UNITED STATES

15 PROJECT.—The table relating to the National Security

16 Agency in section 2401(b) of the Military Construction Au17 thorization Act for Fiscal Year 2006 (division B of Public

18 Law 109–163; 119 Stat. 3498) is amended in the item relat19 ing to Menwith Hill, United Kingdom, by striking

20 ‘‘$86,354,000’’ in the amount column and inserting

21 ‘‘$88,083,000’’.

22 (c) CONFORMING AMENDMENT.—Section 2403(b) of

23 that Act (119 Stat. 3500) is amended—

24 (1) in paragraph (2), by striking ‘‘$12,500,000’’

25 and inserting ‘‘$291,870,000’’;
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1 (2) in paragraph (3), by striking

2 ‘‘$256,034,000’’ and inserting ‘‘$301,524,000’’; and

3 (3) in paragraph (5), by striking ‘‘$44,657,000’’

4 and inserting ‘‘$46,386,000’’.

5 TITLE XXV—NORTH ATLANTIC

6 TREATY ORGANIZATION SE7 CURITY INVESTMENT PRO8 GRAM

9 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

10 ACQUISITION PROJECTS.

11 The Secretary of Defense may make contributions for

12 the North Atlantic Treaty Organization Security Invest13 ment Program as provided in section 2806 of title 10,

14 United States Code, in an amount not to exceed the sum

15 of the amount authorized to be appropriated for this pur16 pose in section 2502 and the amount collected from the

17 North Atlantic Treaty Organization as a result of construc18 tion previously financed by the United States.

19 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

20 Funds are hereby authorized to be appropriated for fis21 cal years beginning after September 30, 2006, for contribu22 tions by the Secretary of Defense under section 2806 of title

23 10, United States Code, for the share of the United States

24 of the cost of projects for the North Atlantic Treaty Organi-
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1 zation Security Investment Program authorized by section

2 2501, in the amount of $205,985,000.

3 TITLE XXVI—GUARD AND

4 RESERVE FORCES FACILITIES

5 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC6 TION AND LAND ACQUISITION PROJECTS.

7 Funds are hereby authorized to be appropriated for fis8 cal years beginning after September 30, 2006, for the costs

9 of acquisition, architectural and engineering services, and

10 construction of facilities for the Guard and Reserve Forces,

11 and for contributions therefor, under chapter 1803 of title

12 10, United States Code (including the cost of acquisition

13 of land for those facilities), in the following amounts:

14 (1) For the Department of the Army—

15 (A) for the Army National Guard of the

16 United States, $524,031,000; and

17 (B) for the Army Reserve, $189,817,000.

18 (2) For the Department of the Navy, for the

19 Navy and Marine Corps Reserve, $48,408,000.

20 (3) For the Department of the Air Force—

21 (A) for the Air National Guard of the

22 United States, $245,743,000; and

23 (B) for the Air Force Reserve, $44,936,000.
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1 TITLE XXVII—EXPIRATION AND

2 EXTENSION OF AUTHORIZA3 TIONS

4 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

5 AMOUNTS REQUIRED TO BE SPECIFIED BY

6 LAW.

7 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

8 YEARS.—Except as provided in subsection (b), all author9 izations contained in titles XXI through XXVI for military

10 construction projects, land acquisition, family housing

11 projects and facilities, and contributions to the North At12 lantic Treaty Organization Security Investment Program

13 (and authorizations of appropriations therefor) shall expire

14 on the later of—

15 (1) October 1, 2009; or

16 (2) the date of the enactment of an Act author17 izing funds for military construction for fiscal year

18 2010.

19 (b) EXCEPTION.—Subsection (a) shall not apply to au20 thorizations for military construction projects, land acqui21 sition, family housing projects and facilities, and contribu22 tions to the North Atlantic Treaty Organization Security

23 Investment Program (and authorizations of appropriations

24 therefor), for which appropriated funds have been obligated

25 before the later of—
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1 (1) October 1, 2009; or

2 (2) the date of the enactment of an Act author3 izing funds for fiscal year 2010 for military construc4 tion projects, land acquisition, family housing

5 projects and facilities, or contributions to the North

6 Atlantic Treaty Organization Security Investment

7 Program.

8 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

9 FISCAL YEAR 2004 PROJECTS.

10 (a) EXTENSION.—Notwithstanding section 2701 of the

11 Military Construction Authorization Act for Fiscal Year

12 2004 (division B of Public Law 108–136; 117 Stat. 1716),

13 authorizations set forth in the tables in subsection (b), as

14 provided in sections 2101, 2301, 2302, 2401, and 2601 of

15 that Act, shall remain in effect until October 1, 2007, or

16 the date of the enactment of an Act authorizing funds for

17 military construction for fiscal year 2008, whichever is

18 later.

19 (b) TABLES.—The tables referred to in subsection (a)

20 are as follows:

Army: Extension of 2004 Project Authorizations

State Installation or Location Project Amount

Alaska .............................. Fort Wainwright ............ Multi-Purpose

Training

Range Complex ............... $47,000,000

Hawaii ............................ Helemano Military Reservation ...................... Land Easement $1,400,000

Virginia ........................... Fort Belvoir .................... NGIC Land Acquisition ....... $7,000,000
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Army: Extension of 2004 Project Authorizations—Continued

State Installation or Location Project Amount

Fort Lee .......................... Fire & Emergency Services Center

(Ph 2) ........... $3,850,000

Italy ................................. Aviano Air Base ............ Joint Deployment Facility

(Ph 1) ........... $15,500,000

Air Force: Extension of 2004 Project Authorizations

State Installation or Location Project Amount

California ........................ Travis Air Force Base ... Replace Family

Housing (56

Units) ........... $12,723,000

Florida ............................ Eglin Air Force Base .... Replace Family

Housing (279

Units) ........... $32,166,000

Hawaii ............................ Hickam Air Force Base Expand Strategic Airlift

Parking

Ramp ............ $10,102,000

Texas ............................... Dyess Air Force Base .... Replace Family

Housing (116

Units) ........... $19,973,000

Defense Wide: Extension of 2004 Project Authorizations

Agency Installation or Location Project Amount

Defense Logistics Agency Hickam Air Force Base,

Hawaii ....................... Replace Hydrant Fuel

System .......... $14,100,000

Army National Guard: Extension of 2004 Authorization of

Appropriations

State Installation or Location Project Amount

Indiana ........................... Gary ................................ Army Aviation

Support Facility ............. $15,581,000

New Mexico ..................... Albuquerque .................... Readiness Center, Add/Alt

(ADRS) ........ $2,533,000

Pennsylvania .................. Fort Indiantown Gap .... Multi-Purpose

Training

Range ........... $15,338,000
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1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 2003 PROJECTS.

3 (a) EXTENSION.—Notwithstanding section 2701 of the

4 Military Construction Authorization Act for Fiscal Year

5 2003 (division B of Public Law 107–314; 116 Stat. 2700),

6 authorizations set forth in the tables in subsection (b), as

7 provided in section 2302 of that Act, shall remain in effect

8 until October 1, 2007, or the date of the enactment of an

9 Act authorizing funds for military construction for fiscal

10 year 2008, whichever is later.

11 (b) TABLES.—The tables referred to in subsection (a)

12 are as follows:

Air Force: Extension of 2003 Project Authorizations

State Installation or Location Project Amount

Florida ............................ Eglin Air Force Base .... Replace Family

Housing (134

Units) ........... $15,906,000

Eglin Air Force Base .... Replace Housing Office ...... $597,000

Texas ............................... Randolph Air Force

Base ............................ Replace Family

Housing

Maintenance

Facility ........ $447,000

13 SEC. 2704. EFFECTIVE DATE.

14 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall

15 take effect on the later of—

16 (1) October 1, 2006; or

17 (2) the date of the enactment of this Act.
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1 TITLE XXVIII—GENERAL

2 PROVISIONS

3 Subtitle A—Military Construction

4 Program and Military Family

5 Housing Changes

6 SEC. 2801. THREE-YEAR EXTENSION OF TEMPORARY, LIM7 ITED AUTHORITY TO USE OPERATION AND

8 MAINTENANCE FUNDS FOR CONSTRUCTION

9 PROJECTS OUTSIDE THE UNITED STATES.

10 Section 2808 of the Military Construction Authoriza11 tion Act for Fiscal Year 2004 (division B of Public Law

12 108–136; 117 Stat. 1723), as amended by section 2810 of

13 the Military Construction Authorization Act for Fiscal Year

14 2005 (division B of Public Law 108–375; 118 Stat. 2128)

15 and section 2809 of the Military Construction Authoriza16 tion Act for Fiscal Year 2006 (division B of Public Law

17 109–163; 119 Stat. 3508), is further amended—

18 (1) in subsection (a), by striking ‘‘fiscal years

19 2005 and 2006’’ and inserting ‘‘fiscal years 2005,

20 2006, 2007, 2008, and 2009’’; and

21 (2) in subsection (f)—

22 (A) in paragraph (1), by striking ‘‘the Sub23 committees on Defense and Military Construc24 tion of’’ and inserting ‘‘the Subcommittees on
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1 Defense and on Military Construction and Vet2 erans Affairs, and Related Agencies of’’; and

3 (B) in paragraph (2), by striking ‘‘the Sub4 committees on Defense and Military Construc5 tion of’’ and inserting ‘‘the Subcommittees on

6 Defense and on Military Quality of Life and

7 Veterans Affairs, and Related Agencies of’’.

8 SEC. 2802. AUTHORITY TO CARRY OUT MILITARY CON9 STRUCTION PROJECTS IN CONNECTION WITH

10 INDUSTRIAL FACILITY INVESTMENT PRO11 GRAM.

12 (a) AUTHORITY.—Subchapter III of chapter 169 of

13 title 10, United States Code, is amended by adding at the

14 end the following new section:

15 ‘‘§ 2870. Authority to carry out military construction

16 projects in connection with industrial fa17 cility investment program

18 ‘‘(a) AUTHORITY.—The Secretary of Defense may

19 carry out a military construction project, not previously

20 authorized, for the purpose of carrying out activities under

21 section 2474(a)(2) of this title, using funds appropriated

22 or otherwise made available for that purpose.

23 ‘‘(b) CREDITING OF FUNDS.—Funds appropriated or

24 otherwise made available in a fiscal year for the purpose

25 of carrying out a military construction project with respect
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1 to a public depot under subsection (a) may be credited to

2 the amount required under section 2208(s) of this title to

3 be invested in such fiscal year in the capital budget for such

4 public depot.

5 ‘‘(c) NOTICE AND WAIT REQUIREMENT.—The Sec6 retary may not carry out a project under subsection (a)

7 until 21 days after the date on which the Secretary notifies

8 the congressional defense committees of the intent to carry

9 out such project and the savings estimated to be realized

10 from such project or, if earlier, 14 days after the date on

11 which a copy of the notification is provided in an electronic

12 medium pursuant to section 480 of this title.

13 ‘‘(d) ANNUAL REPORT.—Not later than December 31

14 of each year, the Secretary shall submit to Congress a report

15 describing actions taken under this section and the savings

16 realized from such actions during the fiscal year ending in

17 the year in which the report is submitted.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections at

19 the beginning of such subchapter is amended by adding at

20 the end the following new item:

‘‘2870. Authority to carry out military construction projects in connection with

industrial facility investment program.’’.
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1 SEC. 2803. MODIFICATION OF NOTIFICATION REQUIRE2 MENTS RELATED TO COST VARIATION AU3 THORITY.

4 Section 2853(c) of title 10, United States Code, is

5 amended—

6 (1) in paragraph (1), by striking the semicolon

7 at the end and inserting ‘‘; and’’;

8 (2) by amending paragraph (2) to read as fol9 lows:

10 ‘‘(2)(A) in the case of a cost increase or a reduc11 tion in the scope of work—

12 ‘‘(i) the Secretary concerned notifies the ap13 propriate committees of Congress in writing of

14 the cost increase or reduction in scope and the

15 reasons therefor, including a description of the

16 funds proposed to be used to finance any in17 creased costs; and

18 ‘‘(ii) a period of 21 days has elapsed after

19 the date on which the notification is received by

20 the committees or, if over sooner, a period of 14

21 days has elapsed after the date on which a copy

22 of the notification is provided in an electronic

23 medium pursuant to section 480 of this title; or

24 ‘‘(B) in the case of a cost decrease, the Secretary

25 concerned notifies the appropriate committees of Con26 gress in writing not later than 14 days after the date
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1 funds are obligated in connection with the military

2 construction project or military family housing

3 project.’’; and

4 (3) by striking paragraph (3).

5 SEC. 2804. CONSIDERATION OF LOCAL COMPARABILITY OF

6 FLOOR AREAS IN CONSTRUCTION, ACQUISI7 TION, AND IMPROVEMENT OF MILITARY UN8 ACCOMPANIED HOUSING.

9 (a) IN GENERAL.—Section 2856 of title 10, United

10 States Code, is amended to read as follows:

11 ‘‘§ 2856. Military unaccompanied housing: local com12 parability of floor areas

13 ‘‘In the construction, acquisition, and improvement of

14 military unaccompanied housing, the Secretary concerned

15 shall ensure that the floor areas of such housing in a par16 ticular locality (as designated by the Secretary concerned

17 for purposes of this section) do not exceed the floor areas

18 of similar housing in the private sector in that locality.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections at

20 the beginning of chapter 169 of such title is amended by

21 striking the item relating to section 2856 and inserting the

22 following:

‘‘2856. Military unaccompanied housing: local comparability of floor areas.’’.
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1 SEC. 2805. INCREASE IN THRESHOLDS FOR UNSPECIFIED

2 MINOR MILITARY CONSTRUCTION PROJECTS.

3 (a) INCREASE.—Section 2805(a)(1) of title 10, United

4 States Code, is amended—

5 (1) by striking ‘‘$1,500,000’’ and inserting

6 ‘‘$2,500,000’’; and

7 (2) by striking ‘‘$3,000,000’’ and inserting

8 ‘‘$4,000,000’’.

9 (b) EFFECTIVE DATE.—The amendments made by sub10 section (a) shall take effect on October 1, 2006.

11 SEC. 2806. INCLUSION OF MILITARY TRANSPORTATION AND

12 SUPPORT SYSTEMS IN ENERGY SAVINGS PRO13 GRAM.

14 (a) IN GENERAL.—Section 2865 of title 10, United

15 States Code, is amended—

16 (1) in the section heading, by inserting ‘‘for

17 military operations and’’ after ‘‘Energy sav18 ings’’;

19 (2) in subsection (a)—

20 (A) by amending paragraph (1) to read as

21 follows:

22 ‘‘(1) The Secretary of Defense shall designate energy

23 performance goals for the Department of Defense for mili24 tary transportation and support systems and installations.

25 The goals shall be consistent, where appropriate, with the

26 Energy Policy Act of 2005 (Public Law 109–58).’’;
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1 (B) in paragraph (2), by striking ‘‘energy

2 conservation measures’’ and all that follows

3 through ‘‘energy savings’’ and inserting ‘‘energy

4 conservation measures and alternative energy

5 initiatives to achieve maximum total life-cycle

6 energy savings’’;

7 (C) in paragraph (3)—

8 (i) by striking ‘‘energy efficient main9 tenance’’ and inserting ‘‘energy efficient op10 erations and maintenance’’; and

11 (ii) by inserting after ‘‘10 years or

12 less’’ the following: ‘‘, except that the Sec13 retary may provide that energy conserva14 tion measures related to equipment and sys15 tems supporting industrial processes may

16 have a positive net present value over a pe17 riod of 20 years or less’’; and

18 (D) in paragraph (4)—

19 (i) by striking ‘‘energy efficient main20 tenance’’ and inserting ‘‘energy efficient op21 erations and maintenance’’;

22 (ii) in subparagraph (A), by inserting

23 ‘‘vehicles, military support equipment,’’

24 after ‘‘such as’’; and
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1 (iii) in subparagraph (B), by striking

2 ‘‘an operation or maintenance process, such

3 as improved training’’ and inserting ‘‘a

4 military operation or maintenance process,

5 such as the use of alternative fuels and en6 ergy sources, improved training,’’;

7 (3) in subsection (b)(2)(A), by striking ‘‘installa8 tions of the Department of Defense as may be des9 ignated’’ and inserting ‘‘installations of the Depart10 ment of Defense and related to such vehicles and mili11 tary support equipment of the Department of Defense

12 as may be designated’’;

13 (4) by redesignating subsections (e) and (f) as

14 subsections (f) and (g), respectively; and

15 (5) by inserting after subsection (d) the following

16 new subsection:

17 ‘‘(e) ENERGY EFFICIENCY IN NEW CONSTRUCTION.—

18 ‘‘(1) The Secretary of Defense shall ensure, to the

19 maximum extent practicable, that energy efficient

20 products meeting the Department’s requirements, if

21 cost effective over the life cycle of the product and

22 readily available, be used in new facility construction

23 by or for the Department carried out under this chap24 ter.
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1 ‘‘(2) In determining the energy efficiency of

2 products, the Secretary shall consider products that—

3 ‘‘(A) meet or exceed Energy Star specifica4 tions; or

5 ‘‘(B) are listed on the Department of Ener6 gy’s Federal Energy Management Program

7 Product Energy Efficiency Recommendations

8 product list.’’.

9 SEC. 2807. REPEAL OF AUTHORITY TO CONVEY PROPERTY

10 AT CLOSED OR REALIGNED MILITARY INSTAL11 LATIONS TO SUPPORT MILITARY CONSTRUC12 TION.

13 (a) REPEAL.—Section 2869 of title 10, United States

14 Code, is repealed.

15 (b) CONFORMING AND CLERICAL AMENDMENTS.—

16 (1) CONFORMING AMENDMENTS.—(A) Section

17 2822(b) of such title is amended by striking para18 graph (6).

19 (B) Section 2883(c) of such title is amended—

20 (i) in paragraph (1), by striking subpara21 graph (F); and

22 (ii) in paragraph (2), by striking subpara23 graph (F).

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of subchapter III of chapter
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1 169 of such title is amended by striking the item re2 lating to section 2869.

3 SEC. 2808. REPEAL OF REQUIREMENT TO DETERMINE

4 AVAILABILITY OF SUITABLE ALTERNATIVE

5 HOUSING FOR ACQUISITION IN LIEU OF CON6 STRUCTION OF NEW FAMILY HOUSING.

7 (a) IN GENERAL.—Section 2823 of title 10, United

8 States Code, is repealed.

9 (b) CLERICAL AMENDMENT.—The table of sections at

10 the beginning of chapter 169 of such title is amended by

11 striking the item relating to section 2823.

12 SEC. 2809. UPDATING FOREIGN CURRENCY FLUCTUATION

13 ADJUSTMENT FOR CERTAIN MILITARY FAM14 ILY HOUSING LEASES IN KOREA.

15 Section 2828(e)(5)(A) of title 10, United States Code,

16 is amended to read as follows:

17 ‘‘(A) for—

18 ‘‘(i) foreign currency fluctuations from Oc19 tober 1, 1987, in the case of maximum lease

20 amounts provided for under paragraphs (1), (2),

21 and (3); or

22 ‘‘(ii) foreign currency appreciation during

23 the previous fiscal year, starting from the fiscal

24 year of enactment of the lease authority under

25 paragraph (4), in the case of the maximum lease
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1 amount provided for under such paragraph;

2 and’’.

3 SEC. 2810. PILOT PROJECTS FOR ACQUISITION OR CON4 STRUCTION OF MILITARY UNACCOMPANIED

5 HOUSING.

6 (a) REDUCTION OF APPLICABLE NOTIFICATION PERI7 ODS.—Section 2881a of title 10, United States Code, is

8 amended by striking ‘‘90 days’’ both places it appears and

9 inserting ‘‘30 days’’.

10 (b) EXTENSION OF AUTHORITY.—Subsection (f) of

11 such section is amended by striking ‘‘2007’’ and inserting

12 ‘‘2009’’.

13 SEC. 2811. CERTIFICATION REQUIRED FOR CERTAIN MILI14 TARY CONSTRUCTION PROJECTS.

15 The Department of Defense may not use amounts au16 thorized to be appropriated for a fiscal year beginning after

17 September 30, 2006, to carry out a military construction

18 project to construct a facility designed to provide training

19 in urban operations for personnel of the Department of De20 fense or other Federal agencies until the Under Secretary

21 of Defense for Personnel and Readiness, in consultation

22 with the Commander of the United States Joint Forces

23 Command, has certified to the congressional defense com24 mittees that—
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1 (1) the Secretary of Defense has approved a

2 strategy for training and facility construction for op3 erations in urban terrain; and

4 (2) the Under Secretary has evaluated the project

5 and determined that the project—

6 (A) is consistent with such strategy; and

7 (B) incorporates the appropriate capabili8 ties for joint and interagency use in accordance

9 with such strategy.

10 SEC. 2812. MODIFICATION OF LAND ACQUISITION AUTHOR11 ITY, PERQUIMANS COUNTY, NORTH CARO12 LINA.

13 Section 2846 of the Military Construction Authoriza14 tion Act for Fiscal Year 2002 (division B of Public Law

15 107–107; 115 Stat. 1320), as amended by section 2865 of

16 the Military Construction Authorization Act for Fiscal Year

17 2005 (division B of Public Law 108–375; 118 Stat. 2149),

18 is further amended by striking ‘‘840 acres’’ and inserting

19 ‘‘1,550 acres’’.
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1 SEC. 2813. NAMING OF RESEARCH LABORATORY AT AIR

2 FORCE ROME RESEARCH SITE, ROME, NEW

3 YORK, IN HONOR OF SHERWOOD L. BOEH4 LERT, A MEMBER OF THE HOUSE OF REP5 RESENTATIVES.

6 The new laboratory facility at the Air Force Rome Re7 search Site, Rome, New York, shall be known and des8 ignated as the ‘‘Sherwood L. Boehlert Engineering Center’’.

9 Any reference in a law, map, regulation, document, paper,

10 or other record of the United States to such laboratory facil11 ity shall be deemed to be a reference to the Sherwood L.

12 Boehlert Engineering Center.

13 SEC. 2814. NAMING OF ADMINISTRATION BUILDING AT

14 JOINT SYSTEMS MANUFACTURING CENTER IN

15 LIMA, OHIO, AFTER MICHAEL G. OXLEY, A

16 MEMBER OF THE HOUSE OF REPRESENTA17 TIVES.

18 The administration building under construction at the

19 Joint Systems Manufacturing Center in Lima, Ohio, shall,

20 upon be completion, be known and designated as the ‘‘Mi21 chael G. Oxley Administration and Technology Center’’.

22 Any reference in a law, map, regulation, document, paper,

23 or other record of the United States to such administration

24 building shall be deemed to be a reference to the Michael

25 G. Oxley Administration and Technology Center.
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1 SEC. 2815. NAMING OF MILITARY FAMILY HOUSING FACIL2 ITY AT FORT CARSON, COLORADO, IN HONOR

3 OF JOEL HEFLEY, A MEMBER OF THE HOUSE

4 OF REPRESENTATIVES.

5 The Secretary of the Army shall designate one of the

6 military family housing areas or facilities constructed for

7 Fort Carson, Colorado, using the authority provided by sub8 chapter IV of chapter 169 of title 10, United States Code,

9 as the ‘‘Joel Hefley Village’’. Any reference in any law, reg10 ulation, map, document, record, or other paper of the

11 United States to the military housing area or facility des12 ignated under this section shall be considered to be a ref13 erence to Joel Hefley Village.

14 SEC. 2816. AUTHORITY TO OCCUPY UNITED STATES SOUTH15 ERN COMMAND FAMILY HOUSING.

16 (a) The Secretary of the Army may authorize family

17 members of a member of the armed forces on active duty

18 who is occupying a housing unit leased under section

19 2828(b)(4) of title 10, United States Code and who is as20 signed to a family-member-restricted area to remain in the

21 leased housing unit until the member completes the family22 member-restricted tour. Costs incurred for such housing

23 during such tour shall be included in the costs subject to

24 the limitation under subparagraph (B) of that paragraph.

25 (b) The authority granted by subsection (a) shall ex26 pire on September 30, 2008.
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1 Subtitle B—Real Property and

2 Facilities Administration

3 SEC. 2821. CONSOLIDATION OF EASEMENT PROVISIONS.

4 (a) CONSOLIDATION OF EASEMENT PROVISIONS.—

5 (1) TRANSFER OF EASEMENTS SECTION.—Sec6 tion 2668 of title 10, United States Code, is—

7 (A) transferred to appear after section 2671

8 of such title; and

9 (B) redesignated as section 2672 of such

10 title.

11 (2) CONSOLIDATED AUTHORITY.—Section 2672,

12 as redesignated by paragraph (1), is amended—

13 (A) in subsection (a)—

14 (i) by inserting ‘‘TYPES OF EASE15 MENTS.—’’ after ‘‘(a)’’;

16 (ii) in the matter preceding paragraph

17 (1), by striking ‘‘to a State, Territory, Com18 monwealth, or possession, or political sub19 division thereof, or to a citizen, association,

20 partnership, or corporation of a State, Ter21 ritory, Commonwealth, or possession,’’;

22 (iii) in paragraph (2), by striking ‘‘oil

23 pipe lines’’ and inserting ‘‘gas, water,

24 sewer, and oil pipe lines’’; and
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1 (iv) in paragraph (13), by striking ‘‘,

2 except a purpose covered by section 2669 of

3 this title’’;

4 (B) in subsection (b), by inserting ‘‘LIMITA5 TION ON SIZE.—’’ after ‘‘(b)’’;

6 (C) in subsection (c), by inserting ‘‘TERMI7 NATION.—’’ after ‘‘(c)’’;

8 (D) in subsection (d), by inserting ‘‘NOTICE

9 TO DEPARTMENT OF THE INTERIOR.—’’ after

10 ‘‘(d)’’; and

11 (E) in subsection (e), by inserting ‘‘DIS12 POSITION OF CONSIDERATION.—’’ after ‘‘(e)’’.

13 (b) REPEAL OF OBSOLETE AUTHORITY.—Section 2669

14 of such title is repealed.

15 (c) CONFORMING AMENDMENTS.—The table of sections

16 at the beginning of chapter 159 of such title is amended—

17 (1) by striking the items relating to sections

18 2668 and 2669; and

19 (2) by inserting after the item relating to section

20 2671 the following new item:

‘‘2672. Easements for rights-of-way.’’.

21 SEC. 2822. AUTHORITY TO GRANT RESTRICTIVE EASE22 MENTS FOR CONSERVATION AND ENVIRON23 MENTAL RESTORATION PURPOSES.

24 (a) AUTHORITY TO GRANT RESTRICTIVE EASE25 MENTS.—Chapter 159 of title 10, United States Code, as
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1 amended by section 2821 of this Act, is further amended

2 by inserting after section 2672 of such title the following

3 new section:

4 ‘‘§ 2672a. Authority to grant restrictive easements

5 ‘‘(a) CONSERVATION EASEMENTS.—(1)(A) If the Sec6 retary of a military department finds that it will be in

7 the public interest, the Secretary may, subject to paragraph

8 (2), grant, upon such terms as the Secretary considers ad9 visable and with the consent of an entity described in sub10 paragraph (B), a restrictive easement to such entity over,

11 in, and upon any real property that is transferred by deed

12 by that department restricting future uses of the property

13 for a conservation purpose consistent with section

14 170(h)(4)(A)(iv) of the Internal Revenue Code of 1986 (26

15 U.S.C. 170(h)(4)(A)(iv)).

16 ‘‘(B) An entity referred to in subparagraph (A) is—

17 ‘‘(i) a State or local government; or

18 ‘‘(ii) a qualified organization, as that term is de19 fined in section 170(h) of the Internal Revenue Code

20 of 1986 (26 U.S.C. 170(h)).

21 ‘‘(2) An easement under paragraph (1) shall not be

22 granted unless the Secretary of the military department

23 concerned determines that—

24 ‘‘(A) the conservation of the property can not be

25 effectively achieved through the application of State
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1 law by units of State or local government without

2 granting such easement;

3 ‘‘(B) the jurisdiction that encompasses the prop4 erty authorizes such easement; and

5 ‘‘(C) the Secretary can give or assign to a third

6 party the responsibility for monitoring and enforcing

7 such easement.

8 ‘‘(b) ENVIRONMENTAL EASEMENTS.—If the Secretary

9 of a military department finds that it will be in the public

10 interest, the Secretary may grant, upon such terms as the

11 Secretary considers advisable and with the consent of a

12 State or local government, a restrictive easement to such

13 government over, in, and upon any real property that is

14 transferred by deed by that department restricting future

15 uses of the property to ensure the continued effectiveness of

16 any environmental restoration function on the property

17 conducted pursuant to chapter 160 of this title.

18 ‘‘(c) LIMITATIONS.—(1) No easement granted under

19 this section may include more land than is necessary for

20 the easement.

21 ‘‘(2) Easements granted under this section shall be

22 without consideration from the recipient.

23 ‘‘(3) Nothing in this section shall alter the responsibil24 ities of any party under Federal or State environmental

25 laws.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of such chapter, as amended by section 2821

3 of this Act, is further amended by inserting after the item

4 relating to section 2672 the following new item:

‘‘2672a. Authority to grant restrictive easements for conservation and environmental restoration purposes.’’.

5 SEC. 2823. CONSOLIDATION OF PROVISIONS RELATING TO

6 TRANSFERS OF REAL PROPERTY WITHIN THE

7 DEPARTMENT OF DEFENSE AND TO OTHER

8 FEDERAL AGENCIES.

9 (a) CONSOLIDATION AND RESTATEMENT OF AUTHOR10 ITY ON INTERCHANGE, TRANSFER, AND SCREENING OF DE11 PARTMENT OF DEFENSE REAL PROPERTY.—Section 2696

12 of title 10, United States Code, is amended to read as fol13 lows:

14 ‘‘§ 2696. Real property: transfer between armed forces;

15 screening for transfer or conveyance

16 ‘‘(a) TRANSFER BETWEEN ARMED FORCES.—If either

17 of the Secretaries concerned requests it and the other ap18 proves, real property may be transferred, without com19 pensation, from one armed force to another.

20 ‘‘(b) SCREENING AND CONVEYANCE OF PROPERTY FOR

21 CORRECTIONAL FACILITIES PURPOSES.—(1) Except as pro22 vided in paragraph (2), before any real property or facility

23 of the United States that is under the jurisdiction of any

24 department, agency, or instrumentality of the Department
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1 of Defense is determined to be excess to the needs of such

2 department, agency, or instrumentality, the Secretary of

3 Defense shall—

4 ‘‘(A) provide adequate notification of the avail5 ability of such real property or facility within the De6 partment of Defense;

7 ‘‘(B) if such real property or facility remains

8 available after such notification, notify the Attorney

9 General of its availability; and

10 ‘‘(C) if the Attorney General certifies to the Sec11 retary that a determination has been made by the Di12 rector of the Bureau of Justice Assistance within the

13 Department of Justice to utilize such real property or

14 facility under the correctional options program car15 ried out under section 515 of title I of the Omnibus

16 Crime Control and Safe Streets Act of 1968 (42

17 U.S.C. 3762a), convey such real property or facility,

18 without reimbursement, to a public agency referred to

19 in paragraph (1) or (3) of subsection (a) of such sec20 tion for such utilization.

21 ‘‘(2) The provisions of this subsection shall not apply

22 during any portion of a fiscal year after four conveyances

23 have been made under this subsection in such fiscal year.

24 ‘‘(c) SCREENING FOR FURTHER FEDERAL USE BE25 FORE CONVEYANCE TO NON-FEDERAL ENTITIES.—(1) The
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1 Secretary concerned may not convey real property that is

2 authorized or required to be conveyed, whether for or with3 out consideration, by any provision of law unless the Ad4 ministrator has screened the property for further Federal

5 use in accordance with subtitle I of title 40 and title III

6 of the Federal Property and Administrative Services Act

7 of 1949 (41 U.S.C. 251 et seq.).

8 ‘‘(2)(A) Before the end of the 30-day period beginning

9 on the date of the enactment of a provision of law author10 izing or requiring the conveyance of a parcel of real prop11 erty by the Secretary concerned, the Administrator of Gen12 eral Services shall complete the screening referred to in

13 paragraph (1) with regard to the real property and notify

14 the Secretary concerned and Congress of the results of the

15 screening. The notice shall include—

16 ‘‘(i) the name of the Federal agency requesting

17 transfer of the property;

18 ‘‘(ii) the proposed use to be made of the property

19 by the Federal agency; and

20 ‘‘(iii) the fair market value of the property, in21 cluding any improvements thereon, as estimated by

22 the Administrator.

23 ‘‘(B) If the Administrator fails to complete the screen24 ing and notify the Secretary concerned and Congress within

25 such period, the Secretary concerned shall proceed with the
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1 conveyance of the real property as provided in the provision

2 of law authorizing or requiring the conveyance.

3 ‘‘(3) If the Administrator submits notice under para4 graph (2)(A) that further Federal use of a parcel of real

5 property is requested by a Federal agency, the Secretary

6 concerned may not proceed with the conveyance of the prop7 erty as provided in the provision of law authorizing or re8 quiring the conveyance until the end of the 180-day period

9 beginning on the date on which the notice is submitted to

10 Congress.

11 ‘‘(4) The screening requirements of this subsection shall

12 not apply to real property authorized or required to be con13 veyed under any of the following provisions of law:

14 ‘‘(A) A base closure law.

15 ‘‘(B) Chapter 5 of title 40.

16 ‘‘(C) Any specific provision of law authorizing

17 or requiring the transfer of administrative jurisdic18 tion over a parcel or real property between Federal

19 agencies.’’.

20 (b) CONFORMING AMENDMENTS.—

21 (1) CONFORMING AMENDMENTS TO AUTHORITY

22 ON INTERCHANGE OF PROPERTY AND SERVICES.—(A)

23 Section 2571(a) of such title is amended by striking

24 ‘‘and real property’’.
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1 (B) The heading of such section is amended to

2 read as follows:

3 ‘‘§ 2571. Interchange of supplies and services’’.

4 (2) REPEAL OF SUPERSEDED AUTHORITY ON

5 SCREENING AND TRANSFER FOR CORRECTIONAL PUR6 POSES.—Section 2693 of such title is repealed.

7 (c) CLERICAL AMENDMENTS.—(1) The table of sections

8 at the beginning of chapter 153 of such title is amended

9 by striking the item relating to section 2571 and inserting

10 the following new item:

‘‘2571. Interchange of supplies and services.’’.

11 (2) The table of sections at the beginning of chapter

12 159 of such title is amended—

13 (A) by striking the item relating to section 2693;

14 and

15 (B) by striking the item relating to section 2696

16 and inserting the following new item:

‘‘2696. Real property: transfer between armed forces; screening for transfer or conveyance.’’.

17 SEC. 2824. AUTHORITY TO USE EXCESS PROPERTY AS EX18 CHANGE UNDER AGREEMENTS TO LIMIT EN19 CROACHMENTS ON MILITARY TRAINING,

20 TESTING, AND OPERATIONS.

21 Section 2684a(h) of title 10, United States Code, is

22 amended—
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1 (1) in the heading, by striking ‘‘FUNDING’’ and

2 inserting ‘‘CONSIDERATION’’; and

3 (2) by adding at the end the following new para4 graph:

5 ‘‘(3) Land under the jurisdiction of the Secretary con6 cerned that is determined to be excess to the needs of the

7 Department of Defense may be used by way of exchange

8 to enter into an agreement under this section, but only if

9 such land is located within the same State as the installa10 tion that is the subject of the agreement.’’.

11 SEC. 2825. MODIFICATION OF UTILITY SYSTEM AUTHORITY

12 AND RELATED REPORTING REQUIREMENTS.

13 Section 2688 of title 10, United States Code, as amend14 ed by section 2823 of the Military Construction Authoriza15 tion Act for Fiscal Year 2006 (Public Law 109–163), is

16 further amended—

17 (1) in subsection (a)(2)(A)—

18 (A) in clause (i), by striking the semicolon

19 at the end and inserting ‘‘; and’’; and

20 (B) by striking clause (iii); and

21 (2) in subsection (d)—

22 (A) in paragraph (1), by striking ‘‘10

23 years’’ and inserting ‘‘50 years’’; and

24 (B) in paragraph (2)—
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1 (i) in the first sentence, by striking ‘‘a

2 term in excess of 10 years’’ and all that fol3 lows through the period at the end and in4 serting ‘‘a term not to exceed 50 years.’’;

5 and

6 (ii) in the second sentence, by striking

7 ‘‘shall include’’ and all that follows through

8 the period at the end and inserting ‘‘shall

9 include an explanation of the term of the

10 contract.’’.

11 SEC. 2826. INCREASE IN AUTHORIZED MAXIMUM LEASE

12 TERM FOR CERTAIN STRUCTURES AND REAL

13 PROPERTY RELATING TO STRUCTURES IN

14 FOREIGN COUNTRIES.

15 Section 2675(a) of title 10, United States Code, is

16 amended by striking ‘‘five years’’ and inserting ‘‘10 years’’.

17 SEC. 2827. MODIFICATION OF LAND TRANSFER AUTHORITY,

18 POTOMAC ANNEX, DISTRICT OF COLUMBIA.

19 Section 2831 of the National Defense Authorization

20 Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat.

21 2795) is amended by striking ‘‘consisting of approximately

22 3 acres’’ and inserting ‘‘consisting of approximately 4 acres

23 and containing two buildings, known as building 6 and

24 building 7’’.
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1 SEC. 2828. REPORTS ON ARMY TRAINING RANGES.

2 (a) LIMITATION.—The Secretary of the Army may not

3 carry out any acquisition of real property to expand the

4 Pinon Canyon Maneuver Site at Fort Carson, Colorado

5 until 30 days after the Secretary submits the report re6 quired under subsection (b).

7 (b) REPORT ON PINON CANYON MANEUVER SITE.—

8 (1) IN GENERAL.—Not later than November 30,

9 2006, the Secretary of the Army shall submit to the

10 congressional defense committees a report containing

11 an analysis of any potential expansion of the mili12 tary training range at the Pinon Canyon Maneuver

13 Site at Fort Carson, Colorado.

14 (2) CONTENT.—The report required under para15 graph (1) shall include the following information:

16 (A) A description of the Army’s current and

17 projected military requirements for training at

18 the Pinon Canyon Maneuver Site.

19 (B) An analysis of the reasons for any

20 changes in those requirements, including the ex21 tent to which they are a result of the increase of

22 military personnel due to the 2005 round of de23 fense base closure and realignment, the conver24 sion of Army brigades to a modular format, or

25 the Integrated Global Presence and Basing

26 Strategy.
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1 (C) A proposed plan for addressing those re2 quirements, including a description of any pro3 posed expansion of the existing training range

4 by acquiring privately held land surrounding the

5 site and an analysis of alternative approaches

6 that do not require expansion of the training

7 range.

8 (D) If an expansion of the training range

9 is recommended pursuant to subparagraph (C),

10 the following information:

11 (i) An assessment of the economic im12 pact on local communities of such acquisi13 tion.

14 (ii) An assessment of the environ15 mental impact of expanding the Pinon Can16 yon Maneuver Site.

17 (iii) An estimate of the costs associated

18 with the potential expansion, including

19 land acquisition, range improvements, in20 stallation of utilities, environmental res21 toration, and other environmental activities

22 in connection with the acquisition.

23 (iv) An assessment of options for com24 pensating local communities for the loss of
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1 property tax revenue as a result of the ex2 pansion of Pinon Canyon Maneuver Site.

3 (v) An assessment of whether the acqui4 sition of additional land at the Pinon Can5 yon Maneuver Site can be carried out by

6 the Secretary solely through transactions,

7 including land exchanges and the lease or

8 purchase of easements, with willing sellers

9 of the privately held land.

10 (c) REPORT ON EXPANSION OF ARMY TRAINING

11 RANGES.—

12 (1) IN GENERAL.—Not later than February 1,

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

14 congressional defense committees a report containing

15 an assessment of the training ranges operated by the

16 Army to support major Army units.

17 (2) CONTENT.—The report required under para18 graph (1) shall include the following information:

19 (A) The size, description, and mission es20 sential training tasks supported by each such

21 Army training range during fiscal year 2003.

22 (B) A description of the projected changes

23 in training range requirements, including the

24 size, characteristics, and attributes for mission

25 essential training of each range and the extent to
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1 which any changes in requirements are a result

2 of the 2005 round of defense base closure and re3 alignment, the conversion of Army brigades to a

4 modular format, or the Integrated Global Pres5 ence and Basing Strategy.

6 (C) The projected deficit or surplus of train7 ing land at each such range, and a description

8 of the Army’s plan to address that projected def9 icit or surplus of land as well as the upgrade of

10 range attributes at each existing training range.

11 (D) A description of the Army’s

12 prioritization process and investment strategy to

13 address the potential expansion or upgrade of

14 training ranges.

15 (E) An analysis of alternatives to the ex16 pansion of Army ranges to include an assess17 ment of the joint use of ranges operated by other

18 services.

19 SEC. 2829. USE OF RENEWABLE ENERGY TO MEET ELEC20 TRICITY NEEDS.

21 It shall be the goal of the Department of Defense to

22 ensure that the Department—

23 (1) produces or procures not less than 25 percent

24 of the total quantity of electric energy it consumes

25 within its facilities and in its activities during fiscal
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1 year 2025 and each fiscal year thereafter from renew2 able energy sources (as defined in section 203(b) of

3 the Energy Policy Act of 2005 (42 U.S.C. 15852(b));

4 and

5 (2) produces or procures such renewable energy

6 when it is life-cycle cost effective to do so (as defined

7 in section 708 of Executive Order 13123 (42 U.S.C.

8 8251 note; relating to greening the Government

9 through efficient energy management)).

10 SEC. 2830. NAMING OF NAVY AND MARINE CORPS RESERVE

11 CENTER AT ROCK ISLAND, ILLINOIS, IN

12 HONOR OF LANE EVANS, A MEMBER OF THE

13 HOUSE OF REPRESENTATIVES.

14 DESIGNATION.—The Navy and Marine Corps Reserve

15 Center at Rock Island Arsenal, Illinois, shall be known and

16 designated as the ‘‘Lane Evans Navy and Marine Corps

17 Reserve Center’’. Any reference in a law, map, regulation,

18 document, paper, or other record of the United States to

19 the Navy and Marine Corps Reserve Center at Rock Island

20 Arsenal shall be deemed to be a reference to the Lane Evans

21 Navy and Marine Corps Reserve Center.
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1 Subtitle C—Base Closure and

2 Realignment

3 SEC. 2831. DEFENSE ECONOMIC ADJUSTMENT PROGRAM:

4 RESEARCH AND TECHNICAL ASSISTANCE.

5 Section 2391 of title 10, United States Code, is amend6 ed by inserting after subsection (b) the following new sub7 section:

8 ‘‘(c) RESEARCH AND TECHNICAL ASSISTANCE.—(1)

9 The Secretary of Defense may make grants, conclude cooper10 ative agreements, and enter into contracts in order to con11 duct research and technical assistance in support of activi12 ties under this section or Executive Order 12788.

13 ‘‘(2) A grant, cooperative agreement, or contract under

14 this subsection may be with or to a Federal agency, a State

15 or local government, or any private entity.’’.

16 SEC. 2832. EXTENSION OF ELIGIBILITY FOR COMMUNITY

17 PLANNING ASSISTANCE RELATED TO CER18 TAIN MILITARY FACILITIES NOT UNDER DE19 PARTMENT OF DEFENSE JURISDICTION.

20 Section 2391(d)(1) of title 10, United States Code, is

21 amended by striking the period at the end and inserting

22 the following: ‘‘, except that for purposes of subsection

23 (b)(1)(D), a ‘military installation’ may also include a mili24 tary facility owned and operated by a State, the District

25 of Columbia, the Commonwealth of Puerto Rico, American
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1 Samoa, the Virgin Islands, or Guam even though such facil2 ity is not under the jurisdiction of the Department of De3 fense, if the facility is subject to significant use for training

4 by the armed forces.’’.

5 SEC. 2833. MODIFICATION OF DEPOSIT REQUIREMENTS IN

6 CONNECTION WITH LEASE PROCEEDS RE7 CEIVED AT MILITARY INSTALLATIONS AP8 PROVED FOR CLOSURE OR REALIGNMENT

9 AFTER JANUARY 1, 2005.

10 Section 2667(d) of title 10, United States Code, is

11 amended—

12 (1) in paragraph (5), by inserting after ‘‘lease

13 under subsection (f)’’ the following: ‘‘at a military in14 stallation to be closed or realigned under a base clo15 sure law, the date of approval of which is before Jan16 uary 1, 2005,’’; and

17 (2) by adding at the end the following new para18 graph:

19 ‘‘(6) Money rentals received by the United States from

20 a lease under subsection (f) at a military installation to

21 be closed or realigned under a base closure law, the date

22 of approval of which is on or after January 1, 2005, shall

23 be deposited into the account established under section

24 2906A(a) of the Defense Base Closure and Realignment Act
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1 of 1990 (part A of title XXIX of Public Law 101–510; 10

2 U.S.C. 2687 note).’’.

3 SEC. 2834. REPORT ON AIR FORCE AND AIR NATIONAL

4 GUARD BASES AFFECTED BY 2005 ROUND OF

5 DEFENSE BASE CLOSURE AND REALIGNMENT.

6 (a) REPORT.—Not later than January 1, 2007, the

7 Secretary of the Air Force shall submit to Congress a report

8 on planning by the Department of the Air Force for future

9 roles and missions for active and Air National Guard per10 sonnel and installations affected by decisions of the 2005

11 round of defense base closure and realignment.

12 (b) CONTENT.—The report required under subsection

13 (a) shall include—

14 (1) an assessment of the capabilities, characteris15 tics, and capacity of the facilities, infrastructure, and

16 authorized personnel at each affected base;

17 (2) a description of the planning process used by

18 the Air Force to determine future roles and missions

19 at active and Air National Guard bases affected by

20 the decisions of the 2005 round of defense base closure

21 and realignment, including an analysis of alter22 natives for installations to support each future role or

23 mission;

24 (3) a description of the future roles and missions

25 under consideration for each active and Air National
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1 Guard base and an explanation of the criteria and

2 decision-making process to make final decisions about

3 future roles and missions for each base; and

4 (4) a timeline for decisions on the final deter5 mination of future roles and missions for each active

6 and Air National Guard base affected by the decisions

7 of the 2005 round of defense base closure and realign8 ment.

9 (c) BASES COVERED.—The report required under sub10 section (a) shall include information on each active and Air

11 National Guard base at which the number of aircraft, weap12 on systems, or functions is proposed to be reduced or elimi13 nated and to any installation that was considered as a po14 tential receiving location for the realignment of aircraft,

15 weapons systems, or functions.

16 Subtitle D—Land Conveyances

17 SEC. 2841. LAND CONVEYANCE, RADFORD ARMY AMMUNI18 TION PLANT, VIRGINIA.

19 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

20 Army may convey, without consideration, to the Common21 wealth of Virginia (in this section referred to as the ‘‘Com22 monwealth’’) all right, title, and interest of the United

23 States in and to a parcel of real property, including im24 provements thereon, consisting of approximately 80 acres

25 at Radford Army Ammunition Plant, New River Unit, Vir-
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1 ginia, for the purpose of permitting the Commonwealth to

2 establish on the property a cemetery operated by the Com3 monwealth for veterans of the Armed Forces.

4 (b) REVERSIONARY INTEREST.—If the Secretary deter5 mines at any time that the real property conveyed under

6 subsection (a) is not being used in accordance with the pur7 pose of the conveyance specified in such subsection, all right,

8 title, and interest in and to the property shall revert, at

9 the option of the Secretary, to the United States, and the

10 United States shall have the right of immediate entry onto

11 the property. Any determination of the Secretary under this

12 subsection shall be made on the record after an opportunity

13 for a hearing.

14 (c) PAYMENT OF COSTS OF CONVEYANCE.—

15 (1) PAYMENT REQUIRED.—(A) The Secretary

16 may require the Commonwealth to cover costs to be

17 incurred by the Secretary, or to reimburse the Sec18 retary for costs incurred by the Secretary, to carry

19 out the conveyance under subsection (a), including

20 survey costs, costs related to environmental docu21 mentation, and other administrative costs related to

22 the conveyance. If amounts are collected from the

23 Commonwealth in advance of the Secretary incurring

24 the actual costs, and the amount collected exceeds the

25 costs actually incurred by the Secretary to carry out
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1 the conveyance, the Secretary shall refund the excess

2 amount to the Commonwealth.

3 (B) The authority of the Secretary to require the

4 Commonwealth to cover administrative costs related

5 to the conveyance does not include costs related to any

6 environmental remediation required for the property.

7 (2) TREATMENT OF AMOUNTS RECEIVED.—

8 Amounts received as reimbursement under paragraph

9 (1) shall be credited to the fund or account that was

10 used to cover the costs incurred by the Secretary in

11 carrying out the conveyance. Amounts so credited

12 shall be merged with amounts in such fund or account

13 and shall be available for the same purposes, and sub14 ject to the same conditions and limitations, as

15 amounts in such fund or account.

16 (d) DESCRIPTION OF PROPERTY.—The exact acreage

17 and legal description of the real property to be conveyed

18 under subsection (a) shall be determined by a survey satis19 factory to the Secretary.

20 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec21 retary may require such additional terms and conditions

22 in connection with the conveyance under subsection (a) as

23 the Secretary considers appropriate to protect the interests

24 of the United States.
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1 SEC. 2842. MODIFICATIONS TO LAND CONVEYANCE AU2 THORITY, ENGINEERING PROVING GROUND,

3 FORT BELVOIR, VIRGINIA.

4 (a) CONSTRUCTION OF SECURITY BARRIER.—Section

5 2836 of the Military Construction Authorization Act for

6 Fiscal Year 2002 (division B of Public Law 107–107; 115

7 Stat. 1314), as amended by section 2846 of the Military

8 Construction Authorization Act for Fiscal Year 2006 (divi9 sion B of Public Law 109–163; 119 Stat. 3527), is further

10 amended—

11 (1) in subsection (b)(4), by striking ‘‘$3,880,000’’

12 and inserting ‘‘$4,880,000’’; and

13 (2) in subsection (d)—

14 (A) in paragraph (1), by inserting after

15 ‘‘Virginia,’’ the following: ‘‘and the construction

16 of a security barrier, as applicable,’’; and

17 (B) in paragraph (2), by inserting after

18 ‘‘Building 191’’ the following: ‘‘and the construc19 tion of a security barrier, as applicable’’.

20 (b) AUTHORITY TO ENTER INTO ALTERNATIVE

21 AGREEMENT FOR DESIGN AND CONSTRUCTION OF FAIRFAX

22 COUNTY PARKWAY PORTION.—Such section 2836 is further

23 amended—

24 (1) in subsection (b)—

25 (A) by amending paragraph (1) to read as

26 follows:
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1 ‘‘(1) except as provided in subsection (f), design

2 and construct, at its expense and for public benefit,

3 the portion of the Fairfax County Parkway through

4 the Engineer Proving Ground (in this section referred

5 to as the ‘Parkway portion’);’’; and

6 (B) in paragraph (2), by inserting after

7 ‘‘C514’’ the following: ‘‘, RW–214 (in this section

8 referred to as ‘Parkway project’)’’;

9 (2) by redesignating subsection (f) as subsection

10 (g);

11 (3) by inserting after subsection (e) the following

12 new subsection:

13 ‘‘(f) ALTERNATE AGREEMENT FOR CONSTRUCTION OF

14 ROAD.—(1) The Secretary of the Army may, in connection

15 with the conveyance authorized under subsection (a), enter

16 into an agreement with the Commonwealth providing for

17 the design and construction by the Department of the Army

18 or the United States Department of Transportation of the

19 Parkway portion and other portions of the Fairfax County

20 Parkway off the Engineer Proving Ground that are nec21 essary to complete the Parkway project (in this subsection

22 referred to as the ‘alternate agreement’) if the Secretary de23 termines that the alternate agreement is in the best interests

24 of the United States to support the permanent relocation

25 of additional military and civilian personnel at Fort
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1 Belvoir pursuant to decisions made as part of the 2005

2 round of defense base closure and realignment under the De3 fense Base Closure and Realignment Act of 1990 (part A

4 of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).

5 ‘‘(2) If the Secretary of Defense certifies that the Park6 way portion is important to the national defense pursuant

7 to section 210 of title 23, United States Code, the Secretary

8 of the Army may enter into an agreement with the Sec9 retary of Transportation to carry out the alternate agree10 ment under the Defense Access Road Program.

11 ‘‘(3) The Commonwealth shall pay to the Secretary of

12 the Army the costs of the design and construction of the

13 Parkway portion and any other portions of the Fairfax

14 County Parkway off the Engineer Proving Ground designed

15 and constructed under the alternate agreement. The Sec16 retary shall apply such payment to the design and construc17 tion provided for in the alternate agreement.

18 ‘‘(4) The Secretary may carry out environmental res19 toration activities on real property under the jurisdiction

20 of the Secretary in support of the construction of the Park21 way portion with funds appropriated for that purpose.

22 ‘‘(5) The alternate agreement shall be subject to the fol23 lowing conditions:

24 ‘‘(A) The Commonwealth shall acquire and re25 tain all necessary right, title, and interest in any real
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1 property not under the jurisdiction of the Secretary

2 that is necessary for construction of the Parkway por3 tion or for construction of any other portions of the

4 Fairfax County Parkway off the Engineer Proving

5 Ground that will be constructed under the alternate

6 agreement, and shall grant to the United States all

7 necessary access to and use of such property for such

8 construction.

9 ‘‘(B) With respect to activities related to the con10 struction of any portion of the Fairfax County Park11 way off the Engineer Proving Ground that is not

12 owned by the Federal Government, the Secretary of

13 the Army shall not be considered an owner or oper14 ator for purposes of the Comprehensive Environ15 mental Response, Compensation, and Liability Act of

16 1980 (42 U.S.C. 9601 et seq.).

17 ‘‘(C) The Secretary shall receive consideration

18 from the Commonwealth as required in subsections

19 (b)(2), (b)(3), and (b)(4) and shall carry out the ac20 ceptance and disposition of funds in accordance with

21 subsection (d).

22 ‘‘(6) The design of the Parkway portion under the al23 ternate agreement shall be subject to the approval of the Sec24 retary and the Commonwealth in accordance with the Vir25 ginia Department of Transportation Approved Plan, dated
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1 June 15, 2004, Project #R000–029–249, PE–108, C–514,

2 RW–214. For each phase of the design and construction of

3 the Parkway portion under the alternate agreement, the

4 Secretary may—

5 ‘‘(A) accept funds from the Commonwealth; or

6 ‘‘(B) transfer funds received from the Common7 wealth to the United States Department of Transpor8 tation.

9 ‘‘(7) Upon completion of the construction of the Park10 way portion and any other portions of the Fairfax County

11 Parkway off the Engineer Proving Ground required under

12 the alternate agreement, the Secretary shall carry out the

13 conveyance under subsection (a). As a condition of such

14 conveyance carried out under the alternate agreement, the

15 Secretary shall receive a written commitment, in a form

16 satisfactory to the Secretary, that the Commonwealth agrees

17 to accept all responsibility for the costs of operation and

18 maintenance of the Parkway portion upon conveyance to

19 the Commonwealth of such real property.’’; and

20 (4) in subsection (g), as redesignated by para21 graph (2), by inserting ‘‘or the alternate agreement

22 authorized under subsection (f)’’ after ‘‘conveyance

23 under subsection (a)’’.

24 SEC. 2843. LAND CONVEYANCES, OMAHA, NEBRASKA.

25 (a) CONVEYANCES AUTHORIZED.—
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1 (1) ARMY CONVEYANCE.—The Secretary of the

2 Army may convey to the Metropolitan Community

3 College Area, a public community college located in

4 Omaha, Nebraska (in this section referred to as the

5 ‘‘College’’) all right, title, and interest of the United

6 States in and to three parcels of real property under

7 the control of the Army Reserve, including any im8 provements thereon, consisting of approximately 5.42

9 acres on the Fort Omaha campus at the College, for

10 educational purposes.

11 (2) NAVY CONVEYANCE.—The Secretary of the

12 Navy may convey to the College all right, title, and

13 interest of the United States in and to a parcel of real

14 property under the control of the Navy Reserve and

15 Marine Corps Reserve, including any improvements

16 thereon, consisting of approximately 6.57 acres on the

17 Fort Omaha campus at the College, for educational

18 purposes.

19 (b) CONSIDERATION.—

20 (1) IN GENERAL.—As consideration for each con21 veyance under subsection (a), the College shall provide

22 the United States, whether by cash payment, in-kind

23 consideration, or a combination thereof, an amount

24 that is not less than the fair market value of the con-
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1 veyed property, as determined pursuant to an ap2 praisal acceptable to the Secretary concerned.

3 (2) REDUCED TUITION RATES.—The Secretary

4 concerned may accept as in-kind consideration under

5 paragraph (1) reduced tuition rates for military per6 sonnel at the College.

7 (c) PAYMENT OF COSTS OF CONVEYANCES.—

8 (1) PAYMENT REQUIRED.—The Secretary con9 cerned shall require the College to cover costs to be in10 curred by the Secretary, or to reimburse the Secretary

11 for costs incurred by the Secretary to carry out a con12 veyance under subsection (a), including survey costs,

13 related to the conveyance. If amounts are collected

14 from the College in advance of the Secretary incur15 ring the actual costs, and the amount collected exceeds

16 the costs actually incurred by the Secretary to carry

17 out the conveyance, the Secretary shall refund the ex18 cess amount to the College.

19 (2) TREATMENT OF AMOUNTS RECEIVED.—

20 Amounts received under paragraph (1) as reimburse21 ment for costs incurred by the Secretary concerned to

22 carry out a conveyance under subsection (a) shall be

23 credited to the fund or account that was used to cover

24 the costs incurred by the Secretary in carrying out

25 the conveyance. Amounts so credited shall be merged
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1 with amounts in such fund or account and shall be

2 available for the same purposes, and subject to the

3 same conditions and limitations, as amounts in such

4 fund or account.

5 (d) DESCRIPTION OF PROPERTY.—The exact acreage

6 and legal description of the real property to be conveyed

7 under subsection (a) shall be determined by surveys satis8 factory to the Secretaries concerned.

9 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary concerned may require such additional terms and

11 conditions in connection with the conveyances under sub12 section (a) as the Secretary considers appropriate to protect

13 the interests of the United States.

14 Subtitle E—Other Matters

15 SEC. 2851. RICKENBACKER AIRPORT, COLUMBUS, OHIO.

16 The project numbered 4651 in section 1702 of the Safe,

17 Accountable, Flexible, Efficient Transportation Equity Act:

18 A Legacy for Users (119 Stat. 1434) is amended by striking

19 ‘‘Grading, paving’’ and all that follows through ‘‘Airport’’

20 and inserting ‘‘Grading, paving, roads, and the transfer of

21 rail-to-truck for the intermodal facility at Rickenbacker

22 Airport, Columbus, Ohio’’.

23 SEC. 2852. HIGHWAY PROJECTS, DETROIT, MICHIGAN.

24 (a) HIGH PRIORITY PROJECT.—The table contained in

25 section 1702 of the Safe, Accountable, Flexible, Efficient
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1 Transportation Equity Act: A Legacy for Users (119 Stat.

2 1256) is amended in the item numbered 4333 (119 Stat.

3 1422) by striking ‘‘Plan and construct, land acquisition,

4 Detroit West Riverfront Greenway’’ and inserting ‘‘Detroit

5 Riverfront Conservancy, Riverfront walkway, greenway,

6 and adjacent land planning, construction, and land acqui7 sition from Gabriel Richard Park at the Douglas Mac Ar8 thur Bridge to Riverside Park at the Ambassador Bridge,

9 Detroit’’.

10 (b) TRANSPORTATION IMPROVEMENT PROJECT.—The

11 table contained in section 1934(c) of the Safe, Accountable,

12 Flexible, Efficient Transportation Equity Act: A Legacy for

13 Users (119 Stat. 1485) is amended in the item numbered

14 196 (119 Stat. 1495) by striking ‘‘Detroit Riverfront Con15 servancy, West Riverfront Walkway, Greenway and Adja16 cent Land Acquisition, from Riverfront Towers to Ambas17 sador Bridge, Detroit’’ and inserting ‘‘Detroit Riverfront

18 Conservancy, Riverfront walkway, greenway, and adjacent

19 land planning, construction, and land acquisition from Ga20 briel Richard Park at the Douglas Mac Arthur Bridge to

21 Riverside Park at the Ambassador Bridge, Detroit’’.

22 SEC. 2853. FOX POINT HURRICANE BARRIER, PROVIDENCE,

23 RHODE ISLAND.

24 (a) DEFINITIONS.—In this section:
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1 (1) The term ‘‘Barrier’’ means the Fox Point

2 Hurricane Barrier, Providence, Rhode Island.

3 (2) The term ‘‘City’’ means the city of Provi4 dence, Rhode Island.

5 (3) The term ‘‘Secretary’’ means the Secretary of

6 the Army, acting through the Chief of Engineers.

7 (b) RESPONSIBILITY FOR BARRIER.—Not later than 2

8 years after the date of enactment of this Act, the Secretary

9 shall assume responsibility for the annual operation and

10 maintenance of the Barrier.

11 (c) REQUIRED STRUCTURES.—

12 (1) IN GENERAL.—The City, in coordination

13 with the Secretary, shall identify any land and struc14 tures required for the continued operation and main15 tenance, repair, replacement, rehabilitation, and

16 structural integrity of the Barrier.

17 (2) CONVEYANCE.—The City shall convey to the

18 Secretary, by quitclaim deed and without consider19 ation, all rights, title, and interests of the City in and

20 to the land and structures identified under paragraph

21 (1).

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

23 authorized to be appropriated to the Secretary such funds

24 as are necessary for each fiscal year to operate and main-
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1 tain the Barrier (including repair, replacement, and reha2 bilitation).

3 SEC. 2854. LAND CONVEYANCE, HOPKINTON, NEW HAMP4 SHIRE.

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

6 Army may convey to the Town of Hopkinton, New Hamp7 shire (in this section referred to as the ‘‘Town’’), all right,

8 title, and interest of the United States in and to a parcel

9 of real property, including any improvements thereon, con10 sisting of approximately 90 acres located at a site in

11 Hopkinton, New Hampshire, known as the ‘‘Kast Hill’’

12 property for the purpose of permitting the Town to use the

13 existing sand and gravel resources on the property and to

14 ensure perpetual conservation of the property.

15 (b) CONSIDERATION.—

16 (1) IN GENERAL.—As consideration for the con17 veyance under subsection (a), the Town shall, subject

18 to paragraph (2), provide to the United States,

19 whether by cash payment, in-kind consideration, or a

20 combination thereof, an amount that is not less than

21 the fair market value of the conveyed property, as de22 termined pursuant to an appraisal acceptable to the

23 Secretary.

24 (2) WAIVER OF PAYMENT OF CONSIDERATION.—

25 The Secretary may waive the requirement for consid-
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1 eration under paragraph (1) if the Secretary deter2 mines that the Town will not use the existing sand

3 and gravel resources to generate revenue.

4 (c) REVERSIONARY INTEREST.—If the Secretary deter5 mines at any time that the real property conveyed under

6 subsection (a) is not being used in accordance with the pur7 pose of the conveyance specified in such subsection, all right,

8 title, and interest in and to all or any portion of the prop9 erty shall revert, at the option of the Secretary, to the

10 United States, and the United States shall have the right

11 of immediate entry onto the property. Any determination

12 of the Secretary under this subsection shall be made on the

13 record after an opportunity for a hearing.

14 (d) PROHIBITION ON RECONVEYANCE OF LAND.—The

15 Town may not reconvey any of the land acquired from the

16 United States under subsection (a) without the prior ap17 proval of the Secretary.

18 (e) PAYMENT OF COSTS OF CONVEYANCE.—

19 (1) PAYMENT REQUIRED.—The Secretary shall

20 require the Town to cover costs to be incurred by the

21 Secretary, or to reimburse the Secretary for costs in22 curred by the Secretary, to carry out the conveyance

23 under subsection (a), including survey costs, costs re24 lated to environmental documentation, and other ad25 ministrative costs related to the conveyance. If
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1 amounts are collected from the Town in advance of

2 the Secretary incurring the actual costs, and the

3 amount collected exceeds the costs actually incurred

4 by the Secretary to carry out the conveyance, the Sec5 retary shall refund the excess amount to the Town.

6 (2) TREATMENT OF AMOUNTS RECEIVED.—

7 Amounts received as reimbursement under paragraph

8 (1) shall be credited to the fund or account that was

9 used to cover the costs incurred by the Secretary in

10 carrying out the conveyance. Amounts so credited

11 shall be merged with amounts in such fund or account

12 and shall be available for the same purposes, and sub13 ject to the same conditions and limitations, as

14 amounts in such fund or account.

15 (f) DESCRIPTION OF PROPERTY.—The exact acreage

16 and legal description of the real property to be conveyed

17 under subsection (a) shall be determined by a survey satis18 factory to the Secretary.

19 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions

21 in connection with the conveyance of real property under

22 subsection (a) as the Secretary consider appropriate to pro23 tect the interests of the United States.
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1 SEC. 2855. FEDERAL FUNDING FOR FIXED GUIDEWAY

2 PROJECTS.

3 The Federal Transit Administration’s Dear Colleague

4 letter dated April 29, 2005 (C–05–05), which requires fixed

5 guideway projects to achieve a ‘‘medium’’ cost-effectiveness

6 rating for the Federal Transit Administration to rec7 ommend such projects for funding, shall not apply to the

8 Northstar Corridor Commuter Rail Project in Minnesota.

9 DIVISION C—DEPARTMENT OF

10 ENERGY NATIONAL SECURITY

11 AUTHORIZATIONS AND

12 OTHER AUTHORIZATIONS

13 TITLE XXXI—DEPARTMENT OF

14 ENERGY NATIONAL SECURITY

15 PROGRAMS

16 Subtitle A—National Security

17 Programs

18 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA19 TION.

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are

21 hereby authorized to be appropriated to the Department of

22 Energy for fiscal year 2007 for the activities of the National

23 Nuclear Security Administration in carrying out programs

24 necessary for national security in the amount of

25 $9,333,311,000, to be allocated as follows:

26 (1) For weapons activities, $6,455,389,000.
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1 (2) For defense nuclear nonproliferation activi2 ties, $1,726,213,000.

3 (3) For naval reactors, $795,133,000.

4 (4) For the Office of the Administrator for Nu5 clear Security, $356,576,000.

6 (b) AUTHORIZATION OF NEW PLANT PROJECTS.—

7 From funds referred to in subsection (a) that are available

8 for carrying out plant projects, the Secretary of Energy

9 may carry out new plant projects for the National Nuclear

10 Security Administration as follows:

11 (1) For readiness in technical base and facilities,

12 the following new plant projects:

13 Project 07–D–140, Readiness in Technical

14 Base and Facilities Program, project engineering

15 and design, various locations, $4,977,000.

16 Project 07–D–220, Radioactive liquid waste

17 treatment facility upgrade project, Los Alamos

18 National Laboratory, Los Alamos, New Mexico,

19 $14,828,000.

20 (2) For facilities and infrastructure recapitaliza21 tion, the following new plant project:

22 Project 07–D–253, Technical Area 1 heating

23 systems modernization, Sandia National Lab24 oratories, Albuquerque, New Mexico, $14,500,000.
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1 (3) For defense nuclear nonproliferation, the fol2 lowing new plant project:

3 Project 07–SC–05, Physical Sciences Facil4 ity, Pacific Northwest National Laboratory,

5 Richland, Washington, $4,220,000.

6 (4) For naval reactors, the following new plant

7 project:

8 Project 07–D–190, Materials Research Tech9 nology Complex, project engineering and design,

10 Bettis Atomic Power Laboratory, West Mifflin,

11 Pennsylvania, $1,485,000.

12 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

13 Funds are hereby authorized to be appropriated to the

14 Department of Energy for fiscal year 2007 for defense envi15 ronmental cleanup activities in carrying out programs nec16 essary for national security in the amount of

17 $5,430,312,000.

18 SEC. 3103. OTHER DEFENSE ACTIVITIES.

19 Funds are hereby authorized to be appropriated to the

20 Department of Energy for fiscal year 2007 for other defense

21 activities in carrying out programs necessary for national

22 security in the amount of $624,530,000.

23 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

24 Funds are hereby authorized to be appropriated to the

25 Department of Energy for fiscal year 2007 for defense nu-
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1 clear waste disposal for payment to the Nuclear Waste Fund

2 established in section 302(c) of the Nuclear Waste Policy

3 Act of 1982 (42 U.S.C. 10222(c)) in the amount of

4 $333,080,000.

5 Subtitle B—Other Matters

6 SEC. 3111. NOTICE AND WAIT REQUIREMENT APPLICABLE

7 TO CERTAIN THIRD PARTY FINANCING AR8 RANGEMENTS.

9 Subtitle A of title XLVIII of the Atomic Energy De10 fense Act (50 U.S.C. 2781 et seq.) is amended by adding

11 at the end the following new section:

12 ‘‘SEC. 4804. NOTICE AND WAIT REQUIREMENT APPLICABLE

13 TO CERTAIN THIRD PARTY FINANCING AR14 RANGEMENTS.

15 ‘‘(a) NOTICE AND WAIT REQUIREMENT.—The Sec16 retary of Energy may not enter into an arrangement de17 scribed in subsection (b) until 30 days after the date on

18 which the Secretary notifies the congressional defense com19 mittees in writing of the proposed arrangement.

20 ‘‘(b) COVERED ARRANGEMENTS.—

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), an arrangement referred to in subsection

23 (a) is any alternative financing arrangement, third

24 party financing arrangement, public-private partner-
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1 ship, privatization arrangement, private capital ar2 rangement, or other financing arrangement that—

3 ‘‘(A) is entered into in connection with a

4 project conducted using funds authorized to be

5 appropriated to the Department of Energy to

6 carry out programs necessary for national secu7 rity; and

8 ‘‘(B) involves a contractor or Federal agen9 cy obtaining and charging to the Department of

10 Energy as an allowable cost under a contract the

11 use of office space, facilities, or other real prop12 erty assets with a value of at least $5,000,000.

13 ‘‘(2) EXCEPTION.—An arrangement referred to

14 in subsection (a) does not include an arrangement

15 that—

16 ‘‘(A) involves the Department of Energy or

17 a contractor acquiring or entering into a capital

18 lease for office space, facilities, or other real

19 property assets; or

20 ‘‘(B) is entered into in connection with a

21 capital improvement project undertaken as part

22 of an energy savings performance contract under

23 section 801 of the National Energy Conservation

24 Policy Act (42 U.S.C. 8287).’’.
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1 SEC. 3112. UTILIZATION OF INTERNATIONAL CONTRIBU2 TIONS TO THE GLOBAL THREAT REDUCTION

3 INITIATIVE.

4 Section 3132 of the Ronald W. Reagan National De5 fense Authorization Act for Fiscal Year 2005 (Public Law

6 108–375; 50 U.S.C. 2569) is amended—

7 (1) by redesignating subsection (f) as subsection

8 (g); and

9 (2) by inserting after subsection (e) the following

10 new subsection:

11 ‘‘(f) INTERNATIONAL PARTICIPATION IN PROGRAM.—

12 (1) In order to achieve international participation in the

13 program under subsection (b), the Secretary of Energy may,

14 with the concurrence of the Secretary of State, enter into

15 one or more agreements with any person, foreign govern16 ment, or other international organization that the Secretary

17 of Energy considers appropriate for the contribution of

18 funds by such person, government, or organization for pur19 poses of the programs described in paragraph (2)(B).

20 ‘‘(2)(A) Notwithstanding section 3302 of title 31,

21 United States Code, and subject to paragraphs (3) and (4),

22 the Secretary of Energy may retain and utilize for purposes

23 of the programs described in subparagraph (B) any

24 amounts contributed by a person, government, or organiza25 tion under an agreement under paragraph (1) without fur26 ther appropriation and without fiscal year limitation.
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1 ‘‘(B) The programs described in this subparagraph are

2 the following programs within the Global Threat Reduction

3 Initiative:

4 ‘‘(i) The International Radiological Threat Re5 duction program.

6 ‘‘(ii) The Emerging Threats and Gap Materials

7 program.

8 ‘‘(iii) The Reduced Enrichment for Research and

9 Test Reactors program.

10 ‘‘(iv) The Russian Research Reactor Fuel Return

11 program.

12 ‘‘(v) The Global Research Reactor Security pro13 gram.

14 ‘‘(vi) The Kazakhstan Spent Fuel program.

15 ‘‘(3) The Secretary of Energy may not utilize under

16 paragraph (2) any amount contributed under an agreement

17 under paragraph (1) until 30 days after the date on which

18 the Secretary notifies the congressional defense committees

19 of the intent to utilize such amount, including the source

20 of such amount and the proposed purpose for which such

21 amount will be utilized.

22 ‘‘(4) If any amount contributed under paragraph (1)

23 has not been utilized within 5 years of such contribution,

24 the Secretary of Energy shall return such amount to the

25 person, government, or organization that contributed it.
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1 ‘‘(5) Not later than 30 days after the receipt of any

2 amount contributed under paragraph (1), the Secretary of

3 Energy shall submit to the congressional defense committees

4 a notice of the receipt of such amount.

5 ‘‘(6) Not later than October 31 of each year, the Sec6 retary of Energy shall submit to the congressional defense

7 committees a report on the receipt and utilization of

8 amounts under this subsection during the preceding fiscal

9 year. Each report for a fiscal year shall set forth—

10 ‘‘(A) a statement of any amounts received under

11 this subsection, including the source of each such

12 amount; and

13 ‘‘(B) a statement of any amounts utilized under

14 this subsection, including the purposes for which such

15 amounts were utilized.

16 ‘‘(7) The authority of the Secretary of Energy to accept

17 and utilize amounts under this subsection shall expire on

18 December 31, 2013.’’.

19 SEC. 3113. UTILIZATION OF INTERNATIONAL CONTRIBU20 TIONS TO THE SECOND LINE OF DEFENSE

21 CORE PROGRAM.

22 (a) INTERNATIONAL CONTRIBUTIONS AUTHORIZED.—

23 In order to achieve international participation in the Sec24 ond Line of Defense Core Program administered by the Na25 tional Nuclear Security Administration, the Secretary of
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1 Energy may, with the concurrence of the Secretary of State,

2 enter into one or more agreements with any person, foreign

3 government, or other international organization that the

4 Secretary of Energy considers appropriate for the contribu5 tion of funds by such person, government, or organization

6 for purposes of the program.

7 (b) UTILIZATION OF CONTRIBUTIONS.—Notwith8 standing section 3302 of title 31, United States Code, and

9 subject to subsections (c) and (d), the Secretary of Energy

10 may retain and utilize for purposes of the program any

11 amounts contributed by a person, government, or organiza12 tion under an agreement under subsection (a) without fur13 ther appropriation and without fiscal year limitation.

14 (c) NOTICE AND WAIT REQUIREMENT.—The Secretary

15 of Energy may not utilize under subsection (b) any amount

16 contributed under an agreement under subsection (a) until

17 30 days after the date on which the Secretary notifies the

18 congressional defense committees of the intent to utilize such

19 amount, including the source of such amount and the pro20 posed purpose for which such amount will be utilized.

21 (d) RETURN OF UNUTILIZED AMOUNTS.—If any

22 amount contributed under subsection (a) has not been uti23 lized within 5 years of such contribution, the Secretary of

24 Energy shall return such amount to the person, government,

25 or organization that contributed it.
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1 (e) NOTIFICATION REQUIREMENT.—Not later than 30

2 days after the receipt of any amount contributed under sub3 section (a), the Secretary of Energy shall submit to the con4 gressional defense committees a notice of the receipt of such

5 amount.

6 (f) ANNUAL REPORT.—Not later than October 31 of

7 each year, the Secretary of Energy shall submit to the con8 gressional defense committees a report on the receipt and

9 utilization of amounts under this subsection during the pre10 ceding fiscal year. Each report for a fiscal year shall set

11 forth—

12 (1) a statement of any amounts received under

13 this section, including the source of each such amount;

14 and

15 (2) a statement of any amounts utilized under

16 this section, including the purposes for which such

17 amounts were utilized.

18 (g) TERMINATION.—The authority of the Secretary of

19 Energy to accept and utilize amounts under this subsection

20 shall expire on December 31, 2013.

21 SEC. 3114. EXTENSION OF FACILITIES AND INFRASTRUC22 TURE RECAPITALIZATION PROGRAM.

23 Section 3114 of the National Defense Authorization

24 Act for Fiscal Year 2004 (Public Law 108–136; 50 U.S.C.
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1 2453 note) is amended by striking ‘‘2011’’ both places it

2 appears and inserting ‘‘2013’’.

3 SEC. 3115. TWO-YEAR EXTENSION OF AUTHORITY FOR AP4 POINTMENT OF CERTAIN SCIENTIFIC, ENGI5 NEERING, AND TECHNICAL PERSONNEL.

6 Section 4601(c)(1) of the Atomic Energy Defense Act

7 (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘September

8 30, 2006’’ and inserting ‘‘September 30, 2008’’.

9 SEC. 3116. EXTENSION OF DEADLINE FOR TRANSFER OF

10 LANDS TO LOS ALAMOS COUNTY, NEW MEX11 ICO, AND OF LANDS IN TRUST FOR THE PUEB12 LO OF SAN ILDEFONSO.

13 Section 632 of the Departments of Commerce, Justice,

14 and State, the Judiciary, and Related Agencies Appropria15 tions Act, 1998 (Public Law 105–119; 111 Stat. 2523; 42

16 U.S.C. 2391 note) is amended—

17 (1) in subsection (d)(2), by striking ‘‘10 years

18 after the date of enactment of this Act’’ and inserting

19 ‘‘November 26, 2012’’; and

20 (2) in subsection (g)(3)(B), by striking ‘‘the end

21 of the 10-year period beginning on the date of enact22 ment of this Act’’ and inserting ‘‘November 26, 2012’’.
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1 SEC. 3117. LIMITATIONS ON AVAILABILITY OF FUNDS FOR

2 WASTE TREATMENT AND IMMOBILIZATION

3 PLANT.

4 Of the amount authorized to be appropriated under

5 section 3102 for defense environmental cleanup activities

6 and available for the Waste Treatment and Immobilization

7 Plant—

8 (1) not more than 30 percent of such amount

9 may be obligated or expended until the date on which

10 the Secretary of Energy certifies to the congressional

11 defense committees that the Defense Contract Manage12 ment Agency has certified the earned value manage13 ment system used to track and report costs of the

14 Waste Treatment and Immobilization Plant; and

15 (2) not more than 60 percent of such amount

16 may be obligated or expended until the date on which

17 the Secretary of Energy certifies to the congressional

18 defense committees that the final seismic and ground

19 motion criteria have been approved by the Secretary

20 and that the contracting officer of the Waste Treat21 ment and Immobilization Plant Project has formally

22 directed that the final criteria be used for the final

23 design of the Pretreatment Facility and the High24 Level Waste Facility of the Waste Treatment and Im25 mobilization Plant.
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1 SEC. 3118. LIMITATION ON AVAILABILITY OF FUNDS FOR

2 IMPLEMENTATION OF THE RUSSIAN SURPLUS

3 FISSILE MATERIALS DISPOSITION PROGRAM.

4 (a) LIMITATION.—(1) Except as provided in subsection

5 (b), none of the amount authorized to be appropriated

6 under section 3101(a)(2) for defense nuclear nonprolifera7 tion activities may be obligated for the implementation of

8 the Russian Surplus Fissile Materials Disposition Program

9 (in this section referred to as the ‘‘Program’’) until 30 days

10 after the date on which the Secretary of Energy provides

11 to the congressional defense committees written rec12 ommendations regarding whether and in what manner the

13 Program should proceed.

14 (2) The recommendations submitted under paragraph

15 (1) shall include—

16 (A) a description of the disposition method the

17 Government of Russia has agreed to use;

18 (B) a description of the assistance the United

19 States Government plans to provide under the Pro20 gram;

21 (C) an estimate of the total cost and schedule of

22 such assistance;

23 (D) an explanation of how parallelism is to be

24 defined for purposes of the Program and whether such

25 parallelism can be achieved if the United States

26 mixed-oxide (MOX) plutonium disposition program
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1 continues on the current planned schedule without

2 further delays.

3 (b) EXCEPTION.—The limitation under subsection (a)

4 does not apply to the obligation of funds to continue re5 search and development associated with the Gas Turbine6 Modular Helium Reactor (GT–MHR).

7 SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR

8 CONSTRUCTION OF MOX FUEL FABRICATION

9 FACILITY.

10 None of the amount authorized to be appropriated

11 under section 3101(a)(2) for defense nuclear nonprolifera12 tion activities may be obligated for construction project 99–

13 D–143, the Mixed-Oxide (MOX) Fuel Fabrication Facility,

14 until 30 days after the date on which the Secretary of En15 ergy provides to the congressional defense committees—

16 (1) an independent cost estimate for the United

17 States Surplus Fissile Materials Disposition Program

18 and facilities; and

19 (2) a written certification that the Department

20 of Energy intends to use the MOX Fuel Fabrication

21 Facility for United States plutonium disposition re22 gardless of the future direction of the Russian Surplus

23 Fissile Materials Disposition Program.
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1 SEC. 3120. TECHNICAL CORRECTION RELATED TO AUTHOR2 IZATION OF APPROPRIATIONS FOR FISCAL

3 YEAR 2006.

4 Effective as of January 6, 2006, and as if included

5 therein as enacted, section 3101(a) of the National Defense

6 Authorization Act for Fiscal Year 2006 (Public Law 109–

7 163; 119 Stat. 3537) is amended by striking ‘‘$9,196,456’’

8 and inserting ‘‘$9,196,456,000’’.

9 SEC. 3121. EDUCATION OF FUTURE NUCLEAR ENGINEERS.

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

11 (1) The Department of Defense and the United

12 States depend on the specialized expertise of nuclear

13 engineers who support the development and

14 sustainment of technologies including naval reactors,

15 strategic weapons, and nuclear power plants.

16 (2) Experts estimate that over 25 percent of the

17 approximately 58,000 workers in the nuclear power

18 industry in the United States will be eligible to retire

19 within 5 years, representing both a huge loss of insti20 tutional memory and a potential national security

21 crisis.

22 (3) This shortfall of workers is exacerbated by re23 ductions to the University Reactor Infrastructure and

24 Education Assistance program, which trains civilian

25 nuclear scientists and engineers. The defense and ci26 vilian nuclear industries are interdependent on a
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1 limited number of educational institutions to produce

2 their workforce. A reduction in nuclear scientists and

3 engineers trained in the civilian sector may result in

4 a further loss of qualified personnel for defense-related

5 research and engineering.

6 (4) The Department of Defense’s successful

7 Science, Math and Research for Transformation

8 (SMART) scholarship-for-service program serves as a

9 good model for a targeted scholarship or fellowship

10 program designed to educate future scientists at the

11 postsecondary and postgraduate levels.

12 (b) REPORT ON EDUCATION OF FUTURE NUCLEAR EN13 GINEERS.—

14 (1) STUDY.—The Secretary of Energy shall

15 study the feasibility and merit of establishing a tar16 geted scholarship or fellowship program to educate fu17 ture nuclear engineers at the postsecondary and post18 graduate levels.

19 (2) REPORT REQUIRED.—The President shall

20 submit to the congressional defense committees, to21 gether with the budget request submitted for fiscal

22 year 2008, a report on the study conducted by the

23 Secretary of Energy under paragraph (1).
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1 TITLE XXXII—DEFENSE NU2 CLEAR FACILITIES SAFETY

3 BOARD

4 SEC. 3201. AUTHORIZATION.

5 There are authorized to be appropriated for fiscal year

6 2007, $22,260,000 for the operation of the Defense Nuclear

7 Facilities Safety Board under chapter 21 of the Atomic En8 ergy Act of 1954 (42 U.S.C. 2286 et seq.).

9 TITLE XXXIII—NATIONAL

10 DEFENSE STOCKPILE

11 SEC. 3301. TRANSFER OF GOVERNMENT-FURNISHED URA12 NIUM STORED AT SEQUOYAH FUELS COR13 PORATION, GORE, OKLAHOMA.

14 (a) TRANSPORT AND DISPOSAL.—Not later than

15 March 31, 2007, the Secretary of the Army shall, subject

16 to subsection (c), transport to an authorized disposal facil17 ity for appropriate disposal all of the Federal Government18 furnished uranium in the chemical and physical form in

19 which it is stored at the Sequoyah Fuels Corporation site

20 in Gore, Oklahoma.

21 (b) SOURCE OF FUNDS.—Funds authorized to be ap22 propriated by section 301(1) for the Army for operation and

23 maintenance may be used for the transport and disposal

24 required under subsection (a).
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1 (c) LIABILITY.—The Secretary may only transport

2 uranium under subsection (a) after receiving from

3 Sequoyah Fuels Corporation a written agreement satisfac4 tory to the Secretary that provides that—

5 (1) the United States assumes no liability, legal

6 or otherwise, of Sequoyah Fuels Corporation by trans7 porting such uranium; and

8 (2) the Sequoyah Fuels Corporation waives any

9 and all claims it may have against the United States

10 related to the transported uranium.

11 TITLE XXXIV—NAVAL

12 PETROLEUM RESERVES

13 SEC. 3401. COMPLETION OF EQUITY FINALIZATION PROC14 ESS FOR NAVAL PETROLEUM RESERVE NUM15 BERED 1.

16 Section 3412(g) of the National Defense Authorization

17 Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C.

18 7420 note) is amended—

19 (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and

20 (2) by adding at the end the following new para21 graph:

22 ‘‘(2)(A) In light of the unique role that the independent

23 petroleum engineer who is retained pursuant to paragraph

24 (b)(2) performs in the process of finalizing equity interests,

25 and the importance to the United States taxpayer of timely
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1 completion of the equity finalization process, the inde2 pendent petroleum engineer’s ‘Shallow Oil Zone Provisional

3 Recommendation of Equity Participation,’ which was pre4 sented to the equity finalization teams for the Department

5 of Energy and Chevron U.S.A. Inc. on October 1 and 2,

6 2002, shall become the final equity recommendation of the

7 independent petroleum engineer, as that term is used in the

8 Protocol on NPR–1 Equity Finalization Implementation

9 Process, July 8, 1996, for the Shallow Oil Zone unless the

10 Department of Energy and Chevron U.S.A. Inc. agree in

11 writing not later than 60 days after the date of the enact12 ment of this paragraph that the independent petroleum en13 gineer shall not be liable to either party for any cost or

14 expense incurred or for any loss or damage sustained—

15 ‘‘(i) as a result of the manner in which services

16 are performed by the independent petroleum engineer

17 in accordance with its contract with the Department

18 of Energy to support the equity determination proc19 ess;

20 ‘‘(ii) as a result of the failure of the independent

21 petroleum engineer in good faith to perform any serv22 ice or make any determination or computation, unless

23 caused by its gross negligence; or

24 ‘‘(iii) as a result of the reliance by either party

25 on any computation, determination, estimate or eval-
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1 uation made by the independent petroleum engineer

2 unless caused by the its gross negligence or willful

3 misconduct.

4 ‘‘(B) If Chevron U.S.A. Inc. agrees in writing not later

5 than 60 days after the date of the enactment of this para6 graph that the independent petroleum engineer shall not be

7 liable to Chevron U.S.A. Inc. or the Department of Energy

8 for any cost or expense incurred or for any loss or damage

9 described in clauses (i) through (iii) of subparagraph (A),

10 the Department of Energy shall agree to the same not later

11 than such date.’’.

Attest:

Secretary.
109TH CONGRESS

2D SESSION H. R. 5122

AMENDMENT