IB 

Union Calendar No. 253 

109TH CONGRESS 

2D SESSION H. R. 5122 

[Report No. 109–452] 

To authorize appropriations for fiscal year 2007 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2007, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2006 

Mr. HUNTER (for himself and Mr. SKELTON) (both by request) introduced the 

following bill; which was referred to the Committee on Armed Services 

MAY 5, 2006 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 6, 2006] 

A BILL 

To authorize appropriations for fiscal year 2007 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2007, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


sroberts on PROD1PC70 with BILLS
2 

•HR 5122 RH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 2007’’. 

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

5 CONTENTS. 

6 (a) DIVISIONS.—This Act is organized into three divi7 sions as follows: 

8 (1) Division A—Department of Defense Author9 izations. 

10 (2) Division B—Military Construction Author11 izations. 

12 (3) Division C—Department of Energy National 

13 Security Authorizations and Other Authorizations. 

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

15 this Act is as follows: 

Sec. 1. Short title. 

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. Multiyear procurement authority for Family of Medium Tactical Vehicles. 

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

equipment. 

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

Sec. 114. Bridge to Future Networks program. 


sroberts on PROD1PC70 with BILLS
3 

•HR 5122 RH 

Subtitle C—Navy Programs 

Sec. 121. Attack submarine force structure. 

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

Sec. 123. Adherence to Navy cost estimates for LHA Replacement amphibious assault ship program. 

Sec. 124. Adherence to Navy cost estimates for San Antonio (LPD–17) class amphibious ship program. 

Sec. 125. Multiyear procurement authority for V–22 tiltrotor aircraft program. 

Sec. 126. Quality control in procurement of ship critical safety items and related 

services. 

Sec. 127. DD(X) Next-Generation Destroyer program. 

Sec. 128. Sense of Congress that the Navy make greater use of nuclear-powered 

propulsion systems in its future fleet of surface combatants. 

Subtitle D—Air Force Programs 

Sec. 131. Requirement for B–52 force structure. 

Sec. 132. Strategic airlift force structure. 

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

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

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

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

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Alternate engine for Joint Strike Fighter. 

Sec. 212. Extension of authority to award prizes for advanced technology achievements. 

Sec. 213. Extension of Defense Acquisition Challenge Program. 

Sec. 214. Future Combat Systems milestone review. 

Sec. 215. Independent cost analyses for Joint Strike Fighter engine program. 

Sec. 216. Dedicated amounts for implementing or evaluating DD(X) and CVN– 

21 proposals under Defense Acquisition Challenge Program. 

Subtitle C—Ballistic Missile Defense 

Sec. 221. Fielding of ballistic missile defense capabilities. 

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

Subtitle D—Other Matters 

Sec. 231. Review of test and evaluation policies and practices to address emerging 

acquisition approaches. 

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. 


sroberts on PROD1PC70 with BILLS
4 

•HR 5122 RH 

Subtitle B—Environmental Provisions 

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

Sec. 312. Identification and monitoring of military munitions disposal sites in 

ocean waters extending from United States coast to outer boundary of outer Continental Shelf. 

Sec. 313. Reimbursement of Environmental Protection Agency for certain costs in 

connection with Moses Lake Wellfield Superfund Site, Moses 

Lake, Washington. 

Sec. 314. Funding of cooperative agreements under environmental restoration 

program. 

Sec. 315. Analysis and report regarding contamination and remediation responsibility for Norwalk Defense Fuel Supply Point, Norwalk, California. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Extension of exclusion of certain expenditures from percentage limitation on contracting for depot-level maintenance. 

Sec. 322. Minimum capital investment for Air Force depots. 

Sec. 323. Extension of temporary authority for contractor performance of security 

guard functions. 

Subtitle D—Reports 

Sec. 331. Report on Nuclear Attack Submarine Depot Maintenance. 

Sec. 332. Report on Navy Fleet Response Plan. 

Sec. 333. Report on Navy surface ship rotational crew programs. 

Sec. 334. Report on Army live-fire ranges in Hawaii. 

Sec. 335. Comptroller General report on joint standards and protocols for access 

control systems at Department of Defense installations. 

Sec. 336. Report on Personnel Security Investigations for Industry and National 

Industrial Security Program. 

Subtitle E—Other Matters 

Sec. 341. Department of Defense strategic policy on prepositioning of materiel 

and equipment. 

Sec. 342. Authority to make Department of Defense horses available for adoption 

at end of useful working life. 

Sec. 343. Sale and use of proceeds of recyclable munitions materials. 

Sec. 344. Capital security cost sharing. 

Sec. 345. Prioritization of funds within Navy mission operations, ship maintenance, combat support forces, and weapons system support. 

Sec. 346. Prioritization of funds within Army reconstitution and transformation. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

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

duty end strengths for fiscal years 2008 and 2009. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 


sroberts on PROD1PC70 with BILLS
5 

•HR 5122 RH 

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

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 

Sec. 501. Authorized strength of Navy Reserve flag officers. 

Sec. 502. Standardization of grade of senior dental officer of the Air Force with 

that of senior dental officer of the Army. 

Sec. 503. Management of chief warrant officers. 

Sec. 504. Reduction in time-in-grade requirement for promotion to captain in the 

Army, Air Force, and Marine Corps and lieutenant in the Navy. 

Sec. 505. Military status of officers serving in certain Intelligence Community 

positions. 

Subtitle B—Reserve Component Management 

Sec. 511. Revisions to reserve call-up authority. 

Sec. 512. Military retirement credit for certain service by National Guard members performed while in a State duty status immediately after 

the terrorist attacks of September 11, 2001. 

Sec. 513. Report on private-sector promotion and constructive termination of 

members of the reserve components called or ordered to active 

service. 

Subtitle C—Education and Training 

Sec. 521. Authority to permit members who participate in the guaranteed reserve 

forces duty scholarship program to participate in the health professions scholarship program and serve on active duty. 

Sec. 522. Junior Reserve Officers’ Training Corps instruction eligibility expansion. 

Sec. 523. Authority for United States Military Academy and United States Air 

Force Academy permanent military professors to assume command positions while on periods of sabbatical. 

Sec. 524. Expansion of service academy exchange programs with foreign military 

academies. 

Sec. 525. Review of legal status of Junior ROTC program. 

Subtitle D—General Service Authorities 

Sec. 531. Test of utility of test preparation guides and education programs in enhancing recruit candidate performance on the Armed Services 

Vocational Aptitude Battery (ASVAB) and Armed Forces Qualification Test (AFQT). 

Sec. 532. Nondisclosure of selection board proceedings. 

Sec. 533. Report on extent of provision of timely notice of long-term deployments. 


sroberts on PROD1PC70 with BILLS
6 

•HR 5122 RH 

Subtitle E—Authorities Relating to Guard and Reserve Duty 

Sec. 541. Title 10 definition of Active Guard and Reserve duty. 

Sec. 542. Authority for Active Guard and Reserve duties to include support of 

operational missions assigned to the reserve components and instruction and training of active-duty personnel. 

Sec. 543. Governor’s authority to order members to Active Guard and Reserve 

duty. 

Sec. 544. National Guard officers authority to command. 

Sec. 545. Expansion of operations of civil support teams. 

Subtitle F—Decorations and Awards 

Sec. 551. Authority for presentation of Medal of Honor Flag to living Medal of 

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

Medal of Honor recipients. 

Sec. 552. Cold War Victory Medal. 

Sec. 553. Posthumous award of Purple Heart for prisoners of war who die in or 

due to captivity. 

Sec. 554. Advancement on the retired list of certain decorated retired Navy and 

Marine Corps officers. 

Sec. 555. Report on Department of Defense process for awarding decorations. 

Subtitle G—Matters Relating to Casualties 

Sec. 561. Criteria for removal of member from temporary disability retired list. 

Sec. 562. Department of Defense computer/electronic accommodations program for 

severely wounded members. 

Sec. 563. Transportation of remains of casualties dying in a theater of combat 

operations. 

Sec. 564. Annual budget display of funds for POW/MIA activities of Department 

of Defense. 

Subtitle H—Assistance to Local Educational Agencies for Defense Dependents 

Education 

Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department 

of Defense civilian employees. 

Sec. 572. Enrollment in defense dependents’ education system of dependents of 

foreign military members assigned to Supreme Headquarters Allied Powers, Europe. 

Subtitle I—Postal Benefits 

Sec. 575. Postal benefits program for members of the Armed Forces. 

Sec. 576. Funding. 

Sec. 577. Duration. 

Subtitle J—Other Matters 

Sec. 581. Reduction in Department of Defense accrual contributions to Department of Defense Military Retirement Fund. 

Sec. 582. Dental Corps of the Bureau of Medicine and Surgery. 

Sec. 583. Permanent authority for presentation of recognition items for recruitment and retention purposes. 

Sec. 584. Report on feasibility of establishment of Military Entrance Processing 

Command station on Guam. 


sroberts on PROD1PC70 with BILLS
7 

•HR 5122 RH 

Sec. 585. Persons authorized to administer enlistment and appointment oaths. 

Sec. 586. Repeal of requirement for periodic Department of Defense Inspector 

General assessments of voting assistance compliance at military 

installations. 

Sec. 587. Physical evaluation boards. 

Sec. 588. Department of Labor transitional assistance program. 

Sec. 589. Revision in Government contributions to Medicare-Eligible Retiree 

Health Care Fund. 

Sec. 590. Military chaplains. 

Sec. 591. Report on personnel requirements for airborne assets identified as LowDensity, High-Demand Airborne Assets. 

Sec. 592. Entrepreneurial Service Members Empowerment Task Force. 

Sec. 593. Comptroller General report on military conscientious objectors. 

Sec. 594. Commission on the National Guard and Reserves. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Increase in basic pay for fiscal year 2007. 

Sec. 602. Targeted increase in basic pay rates. 

Sec. 603. Conforming change in general and flag officer pay cap to reflect increase in pay cap for Senior Executive Service personnel. 

Sec. 604. Availability of second basic allowance for housing for certain reserve 

component or retired members serving in support of contingency 

operations. 

Sec. 605. Extension of temporary continuation of housing allowance for dependents of members dying on active duty to spouses who are also 

members. 

Sec. 606. Clarification of effective date of prohibition on compensation for correspondence courses. 

Sec. 607. Payment of full premium for coverage under Servicemembers’ Group 

Life Insurance program during service in Operation Enduring 

Freedom or Operation Iraqi Freedom. 

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 bonus and special pay authorities for health care professionals. 

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

Sec. 614. Extension of other bonus, special pay, and separation pay authorities. 

Sec. 615. Expansion of eligibility of dental officers for additional special pay. 

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

health care professionals in critically short wartime specialties. 

Sec. 617. Authority to provide lump sum payment of nuclear officer incentive 

pay. 

Sec. 618. Increase in maximum amount of nuclear career accession bonus. 

Sec. 619. Increase in maximum amount of incentive bonus for transfer between 

armed forces. 

Sec. 620. Clarification regarding members of the Army eligible for bonus for referring other persons for enlistment in the Army. 

Sec. 621. Pilot program for recruitment bonus for critical health care specialties. 

Sec. 622. Enhancement of temporary program of voluntary separation pay and 

benefits. 


sroberts on PROD1PC70 with BILLS
8 

•HR 5122 RH 

Sec. 623. Additional authorities and incentives to encourage retired members and 

reserve component members to volunteer to serve on active duty 

in high-demand, low-density assignments. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Authority to pay costs associated with delivery of motor vehicle to storage location selected by member and subsequent removal of vehicle. 

Sec. 632. Transportation of additional motor vehicle of members on change of 

permanent station to or from nonforeign areas outside the continental United States. 

Sec. 633. Travel and transportation allowances for transportation of family 

members incident to illness or injury of members. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Military Survivor Benefit Plan beneficiaries under insurable interest 

coverage. 

Sec. 642. Retroactive payment of additional death gratuity for certain members 

not previously covered. 

Sec. 643. Equity in computation of disability retired pay for reserve component 

members wounded in action. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 651. Treatment of price surcharges of tobacco products and certain other 

merchandise sold at commissary stores. 

Sec. 652. Limitation on use of Department of Defense lease authority to undermine commissaries and exchanges and other morale, welfare, 

and recreation programs and nonappropriated fund instrumentalities. 

Sec. 653. Use of nonappropriated funds to supplement or replace appropriated 

funds for construction of facilities of exchange stores system and 

other nonappropriated fund instrumentalities, military lodging 

facilities, and community facilities. 

Sec. 654. Report on cost effectiveness of purchasing commercial insurance for 

commissary and exchange facilities and facilities of other morale, welfare, and recreation programs and nonappropriated 

fund instrumentalities. 

Subtitle F—Other Matters 

Sec. 661. Repeal of annual reporting requirement regarding effects of recruitment 

and retention initiatives. 

Sec. 662. Pilot project regarding providing golf carts accessible for disabled persons at military golf courses. 

Sec. 663. Enhanced authority to remit or cancel indebtedness of members of the 

Armed Forces incurred on active duty. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE Program Improvements 

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

domestic violence. 

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

and certain other patients. 


sroberts on PROD1PC70 with BILLS
9 

•HR 5122 RH 

Sec. 703. Improvements to descriptions of cancer screening. 

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

uniformed services. 

Sec. 705. Services of mental health counselors. 

Sec. 706. Demonstration project on coverage of selected over-the-counter medications under the pharmacy benefit program. 

Sec. 707. Requirement to reimburse certain travel expenses of certain beneficiaries 

covered by TRICARE for life. 

Sec. 708. Inflation adjustment of differential payments to children’s hospitals 

participating in TRICARE program. 

Sec. 709. Expanded eligibility of Selected Reserve members under TRICARE program. 

Sec. 710. Extension to TRICARE of medicare prohibition of financial incentives 

not to enroll in group health plan. 

Subtitle B—Studies and Reports 

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

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

Sec. 713. Comptroller General study and report on Defense Health Program. 

Sec. 714. Transfer of custody of the Air Force Health Study assets to Medical 

Follow-up Agency. 

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

Subtitle C—Other Matters 

Sec. 721. Costs of incentive payments to employees for TRICARE enrollment 

made unallowable for contractors. 

Sec. 722. Requirement for military medical personnel to be trained in preservation of remains. 

Subtitle D—Pharmacy Benefits Program Improvements 

Sec. 731. TRICARE pharmacy program cost-share requirements. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs 

Sec. 801. Requirements Management Certification Training Program. 

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

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

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

Sec. 805. Establishment of defense challenge process for critical cost growth 

threshold breaches in major defense acquisition programs. 

Sec. 806. Market research required for major defense acquisition programs before 

proceeding to Milestone B. 

Subtitle B—Acquisition Policy and Management 

Sec. 811. Applicability of statutory executive compensation cap made prospective. 

Sec. 812. Prohibition on procurement from beneficiaries of foreign subsidies. 

Sec. 813. Time-certain development for Department of Defense information technology business systems. 


sroberts on PROD1PC70 with BILLS
10 

•HR 5122 RH 

Sec. 814. Establishment of Panel on Contracting Integrity. 

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

Limitations 

Sec. 821. Extension of special temporary contract closeout authority. 

Sec. 822. Limitation on contracts for the acquisition of certain services. 

Sec. 823. Use of Federal supply schedules by State and local governments for 

goods and services for recovery from natural disasters, terrorism, 

or nuclear, biological, chemical, or radiological attack. 

Sec. 824. Waivers to extend task order contracts for advisory and assistance services. 

Sec. 825. Enhanced access for small business. 

Sec. 826. Procurement goal for Hispanic-serving institutions. 

Sec. 827. Prohibition on defense contractors requiring licenses or fees for use of 

military likenesses and designations. 

Subtitle D—United States Defense Industrial Base Provisions 

Sec. 831. Protection of strategic materials critical to national security. 

Sec. 832. Strategic Materials Protection Board. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Standardization of statutory references to ‘‘national security system’’ 

within laws applicable to Department of Defense. 

Sec. 902. Correction of reference to predecessor of Defense Information Systems 

Agency. 

Sec. 903. Addition to membership of specified council. 

Sec. 904. Consolidation and standardization of authorities relating to Department of Defense Regional Centers for Security Studies. 

Sec. 905. Redesignation of the Department of the Navy as the Department of the 

Navy and Marine Corps. 

Subtitle B—Space Activities 

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

Global Positioning Executive Board. 

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

Sec. 913. Operationally Responsive Space. 

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Transfer to Secretary of the Army of responsibility for Assembled Chemical Weapons Alternatives Program. 

Sec. 922. Comptroller General review of cost-benefit analysis of off-site versus onsite treatment and disposal of hydrolysate derived from neutralization of VX nerve gas at Newport Chemical Depot, Indiana. 

Sec. 923. Sense of Congress regarding the safe and expeditious disposal of chemical weapons. 


sroberts on PROD1PC70 with BILLS
11 

•HR 5122 RH 

Subtitle D—Intelligence-Related Matters 

Sec. 931. Repeal of termination of authority of Secretary of Defense to engage in 

commercial activities as security for intelligence collection activities abroad. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Authorization of supplemental appropriations for fiscal year 2006. 

Sec. 1003. Increase in fiscal year 2006 general transfer authority. 

Sec. 1004. United States contribution to NATO common-funded budgets in fiscal 

year 2007. 

Sec. 1005. Report on budgeting for fluctuations in fuel cost rates. 

Sec. 1006. Reduction in authorizations due to savings resulting from lower-thanexpected inflation. 

Subtitle B—Policy Relating to Vessels and Shipyards 

Sec. 1011. Transfer of naval vessels to foreign nations based upon vessel class. 

Sec. 1012. Overhaul, repair, and maintenance of vessels in foreign shipyards. 

Sec. 1013. Report on options for future lease arrangement for Guam Shipyard. 

Sec. 1014. Shipbuilding Industrial Base Improvement Program. 

Sec. 1015. Transfer of operational control of certain patrol coastal ships to Coast 

Guard. 

Sec. 1016. Limitation on leasing of foreign-built vessels. 

Sec. 1017. Overhaul, repair, and maintenance of vessels carrying Department of 

Defense cargo. 

Sec. 1018. Riding gang member documentation requirement. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Restatement in title 10, United States Code, and revision of Department of Defense authority to provide support for counter-drug 

activities of Federal, State, local, and foreign law enforcement 

agencies. 

Sec. 1022. Restatement in title 10, United States Code, and revision of Department of Defense authority to provide support for counter-drug 

activities of certain foreign governments. 

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

counterterrorism campaign in Colombia. 

Sec. 1024. Continuation of reporting requirement regarding Department of Defense expenditures to support foreign counter-drug activities. 

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

South and Central Asian regions. 

Subtitle D—Other Matters 

Sec. 1031. Revision to authorities relating to Commission on the implementation 

of the New Strategic Posture of the United States. 

Sec. 1032. Enhancement to authority to pay rewards for assistance in combating 

terrorism. 

Sec. 1033. Report on assessment process of Chairman of the Joint Chiefs of Staff 

relating to Global War on Terrorism. 


sroberts on PROD1PC70 with BILLS
12 

•HR 5122 RH 

Sec. 1034. Presidential report on improving interagency support for United 

States 21st century national security missions. 

Sec. 1035. Quarterly reports on implementation of 2006 Quadrennial Defense Review Report. 

Sec. 1036. Increased hunting and fishing opportunities for members of the Armed 

Forces, retired members, and disabled veterans . 

Sec. 1037. Technical and clerical amendments. 

Sec. 1038. Database of emergency response capabilities. 

Sec. 1039. Information on certain criminal investigations and prosecutions. 

Sec. 1040. Date for final report of EMP Commission. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Increase in authorized number of defense intelligence senior executive 

service employees. 

Sec. 1102. Authority for Department of Defense to pay full replacement value for 

personal property claims of civilians. 

Sec. 1103. Accrual of annual leave for members of the uniformed services performing dual employment. 

Sec. 1104. Death gratuity authorized for Federal employees. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

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

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

to lend certain military equipment to foreign forces in Iraq and 

Afghanistan for personnel protection and survivability. 

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

humanitarian demining assistance. 

Sec. 1204. Enhancements to Regional Defense Combating Terrorism Fellowship 

Program. 

Sec. 1205. Capstone overseas field studies trips to People’s Republic of China and 

Republic of China on Taiwan. 

Sec. 1206. Military educational exchanges between senior officers and officials of 

the United States and Taiwan. 

Subtitle B—Nonproliferation Matters and Countries of Concern 

Sec. 1211. Procurement restrictions against foreign persons that transfer certain 

defense articles and services to the People’s Republic of China. 

Subtitle C—Other Matters 

Sec. 1221. Execution of the President’s policy to make available to Taiwan diesel 

electric submarines. 

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. Temporary authority to waive limitation on funding for chemical 

weapons destruction facility in Russia. 

Sec. 1304. National Academy of Sciences study. 


sroberts on PROD1PC70 with BILLS
13 

•HR 5122 RH 

TITLE XIV—HOMELAND DEFENSE TECHNOLOGY TRANSFER 

Sec. 1401. Short title. 

Sec. 1402. Findings. 

Sec. 1403. Creation of Homeland Defense Technology Transfer Consortium. 

TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO 

OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Defense-wide activities procurement. 

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

Sec. 1507. Operation and maintenance. 

Sec. 1508. Defense Health Program. 

Sec. 1509. Classified programs. 

Sec. 1510. Military personnel. 

Sec. 1511. Treatment as additional authorizations. 

Sec. 1512. Transfer authority. 

Sec. 1513. Availability of funds. 

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 2004 and 

2005 projects. 

TITLE XXIII—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Family housing. 

Sec. 2403. Energy conservation projects. 

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


sroberts on PROD1PC70 with BILLS
14 

•HR 5122 RH 

Sec. 2405. Authorization of appropriations, Defense Agencies. 

Sec. 2406. 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. Effective date. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

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

emergency military construction. 

Sec. 2802. Applicability of local comparability of room pattern and floor area requirements to construction, acquisition, and improvement to 

military unaccompanied housing. 

Sec. 2803. Authority to use proceeds from sale of military family housing to support military housing privatization initiative. 

Sec. 2804. Repeal of special requirement for military construction contracts on 

Guam. 

Sec. 2805. Congressional notification of cancellation ceiling for Department of 

Defense energy savings performance contracts. 

Sec. 2806. Expansion of authority to convey property at military installations to 

support military construction. 

Sec. 2807. Pilot projects for acquisition or construction of military unaccompanied housing. 

Sec. 2808. Consideration of alternative and more efficient uses for general officer 

and flag officer quarters in excess of 6,000 square feet. 

Sec. 2809. Repeal of temporary minor military construction program. 

Sec. 2810. One-year extension of temporary, limited authority to use operation 

and maintenance funds for construction projects outside the 

United States. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Consolidation of Department of Defense authorities regarding granting 

of easements for rights-of-way. 

Sec. 2822. Authority to grant restrictive easements in connection with land conveyances. 

Sec. 2823. Maximum term of leases for structures and real property relating to 

structures in foreign countries needed for purposes other than 

family housing. 


sroberts on PROD1PC70 with BILLS
15 

•HR 5122 RH 

Sec. 2824. Consolidation of laws relating to transfer of Department of Defense 

real property within the department and to other Federal agencies. 

Sec. 2825. Congressional notice requirements in advance of acquisition of land by 

condemnation for military purposes. 

Subtitle C—Base Closure and Realignment 

Sec. 2831. Treatment of lease proceeds from military installations approved for 

closure or realignment after January 1, 2005. 

Subtitle D—Land Conveyances 

Sec. 2841. Land conveyance, Naval Air Station, Barbers Point, Hawaii. 

Sec. 2842. Modification of land acquisition authority, Perquimans County, North 

Carolina. 

Sec. 2843. Land conveyance, Radford Army Ammunition Plant, Pulaski County, 

Virginia. 

Subtitle E—Other Matters 

Sec. 2851. Availability of community planning assistance relating to encroachment of civilian communities on military facilities used for 

training by the Armed Forces. 

Sec. 2852. Prohibitions against making certain military airfields or facilities 

available for use by civil aircraft. 

Sec. 2853. Naming housing facility at Fort Carson, Colorado, in honor of Joel 

Hefley, a member of the House of Representatives. 

Sec. 2854. Naming Navy and Marine Corps Reserve Center at Rock Island, Illinois, in honor of Lane Evans, a member of the House of Representatives. 

Sec. 2855. 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. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Plan for transformation of National Nuclear Security Administration 

nuclear weapons complex. 

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

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

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

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

engineering, and technical personnel. 


sroberts on PROD1PC70 with BILLS
16 

•HR 5122 RH 

Sec. 3116. National Academy of Sciences study of quantification of margins and 

uncertainty methodology for assessing and certifying the safety 

and reliability of the nuclear stockpile. 

Sec. 3117. Consolidation of counterintelligence programs of Department of Energy and National Nuclear Security Administration. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 

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

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

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

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

Sec. 3502. Limitation on transfer of Maritime Security Fleet operating agreements. 

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

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

Sec. 3504. Vessel transfer authority. 

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

requirements. 

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

performance reporting requirement. 

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

disposal. 

Sec. 3508. Temporary requirement to maintain Ready Reserve Force. 

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 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 


sroberts on PROD1PC70 with BILLS
17 

•HR 5122 RH 

Sec. 104. Defense-wide activities. 

Subtitle B—Army Programs 

Sec. 111. Multiyear procurement authority for Family of Medium Tactical Vehicles. 

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

equipment. 

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

Sec. 114. Bridge to Future Networks program. 

Subtitle C—Navy Programs 

Sec. 121. Attack submarine force structure. 

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

Sec. 123. Adherence to Navy cost estimates for LHA Replacement amphibious assault ship program. 

Sec. 124. Adherence to Navy cost estimates for San Antonio (LPD–17) class amphibious ship program. 

Sec. 125. Multiyear procurement authority for V–22 tiltrotor aircraft program. 

Sec. 126. Quality control in procurement of ship critical safety items and related 

services. 

Sec. 127. DD(X) Next-Generation Destroyer program. 

Sec. 128. Sense of Congress that the Navy make greater use of nuclear-powered 

propulsion systems in its future fleet of surface combatants. 

Subtitle D—Air Force Programs 

Sec. 131. Requirement for B–52 force structure. 

Sec. 132. Strategic airlift force structure. 

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

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

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

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

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 101. ARMY. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2007 for procurement for the Army as follows: 

6 (1) For aircraft, $3,714,783,000. 

7 (2) For missiles, $1,490,898,000. 

8 (3) For weapons and tracked combat vehicles, 

9 $2,335,004,000. 

10 (4) For ammunition, $1,691,475,000. 


sroberts on PROD1PC70 with BILLS
18 

•HR 5122 RH 

1 (5) For other procurement, $6,970,079,000. 

2 (6) For National Guard Equipment, 

3 $318,000,000. 

4 SEC. 102. NAVY AND MARINE CORPS. 

5 (a) NAVY.—Funds are hereby authorized to be appro6 priated for fiscal year 2007 for procurement for the Navy 

7 as follows: 

8 (1) For aircraft, $10,760,671,000. 

9 (2) For weapons, including missiles and tor10 pedoes, $2,517,020,000. 

11 (3) For shipbuilding and conversion, 

12 $11,183,153,000. 

13 (4) For other procurement, $5,042,766,000. 

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

15 be appropriated for fiscal year 2007 for procurement for 

16 the Marine Corps in the amount of $1,223,813,000. 

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

18 are hereby authorized to be appropriated for fiscal year 

19 2007 for procurement of ammunition for the Navy and the 

20 Marine Corps in the amount of $758,793,000. 

21 SEC. 103. AIR FORCE. 

22 Funds are hereby authorized to be appropriated for fis23 cal year 2007 for procurement for the Air Force as follows: 

24 (1) For aircraft, $13,042,630,000. 

25 (2) For ammunition, $1,076,749,000. 


sroberts on PROD1PC70 with BILLS
19 

•HR 5122 RH 

1 (3) For missiles, $4,171,495,000. 

2 (4) For other procurement, $15,428,636,000. 

3 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2007 for Defense-wide procurement in the amount 

6 of $2,856,461,000. 

7 Subtitle B—Army Programs 

8 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR FAM9 ILY OF MEDIUM TACTICAL VEHICLES. 

10 (a) AUTHORITY.—The Secretary of the Army may, in 

11 accordance with section 2306b of title 10, United States 

12 Code, enter into a multiyear contract for the Family of Me13 dium Tactical Vehicles (FMTV) program beginning with 

14 the fiscal year 2008 program year. 

15 (b) CONTRACT REQUIREMENT.—Any multiyear con16 tract or extension entered into under this section for pro17 curement under the Family of Medium Tactical Vehicles 

18 program shall provide for incorporation of improvements 

19 in the areas of performance capability and survivability 

20 from lessons learned from operations involving the Global 

21 War on Terrorism (as well as from product improvement 

22 programs carried out for the Family of Medium Tactical 

23 Vehicles program).. 

24 (c) LIMITATIONON TERM OF CONTRACT.—Notwith25 standing subsection (k) of section 2306b of title 10, United 


sroberts on PROD1PC70 with BILLS
20 

•HR 5122 RH 

1 States Code, a contract or extension under this section may 

2 not be for a period in excess of three program years. 

3 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR MH–

4 60R HELICOPTERS AND MISSION EQUIPMENT. 

5 (a) MH–60R HELICOPTER.—Subject to subsection (c), 

6 the Secretary of the Army, acting as executive agent for the 

7 Department of the Navy, may enter into a multiyear con8 tract for the procurement of 144 MH–60R helicopters. 

9 (b) MH–60R HELICOPTER MISSION EQUIPMENT.— 

10 Subject to subsection (c), the Secretary of the Army, acting 

11 as executive agent for the Department of the Navy, may 

12 enter into a multiyear contract for the procurement of MH– 

13 60R helicopter mission equipment for the helicopters cov14 ered by a multiyear contract under subsection (a). 

15 (c) CONTRACT REQUIREMENTS.—Any multiyear con16 tract under this section— 

17 (1) shall be entered into in accordance with sec18 tion 2306b of title 10, United States Code, and shall 

19 commence with the fiscal year 2007 program year; 

20 and 

21 (2) shall provide that any obligation of the 

22 United States to make a payment under the contract 

23 is subject to the availability of appropriations for 

24 that purpose. 


sroberts on PROD1PC70 with BILLS
21 

•HR 5122 RH 

1 (d) COST LIMITATION.—The combined value for the 

2 contracts authorized by subsections (a) and (b) may not ex3 ceed $2,600,000,000, and the average unit cost per heli4 copter under those contracts may not exceed $37,790,000. 

5 SEC. 113. FUNDING PROFILE FOR MODULAR FORCE INITIA6 TIVE OF THE ARMY. 

7 The Secretary of the Army shall set forth in the budget 

8 presentation materials of the Army submitted to Congress 

9 in support of the President’s budget for any fiscal year after 

10 fiscal year 2007, and in other relevant materials submitted 

11 to Congress with respect to the budget of the Army for any 

12 such fiscal year, all amounts for procurement for the M1A2 

13 Abrams tank System Enhancement Program (SEP) and for 

14 the Bradley A3 fighting vehicle as elements within the 

15 amounts requested for the Modular Force Initiative of the 

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

17 ‘‘The Army Modular Force Initiative’’, submitted to Con18 gress in March 2006. 

19 SEC. 114. BRIDGE TO FUTURE NETWORKS PROGRAM. 

20 (a) LIMITATIONON FISCAL YEAR 2007 AMOUNT.—Of 

21 the amount authorized to be appropriated for the Army for 

22 fiscal year 2007 for Other Procurement, Army, that is 

23 available for the program of the Army designated as the 

24 Bridge to Future Networks, not more than 70 percent shall 

25 be made available for obligation until the Secretary of the 


sroberts on PROD1PC70 with BILLS
22 

•HR 5122 RH 

1 Army submits to the congressional defense committees a re2 port on that program that includes the matters specified 

3 in subsection (b). 

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

5 subsection (a) shall include the following: 

6 (1) An analysis of how the Joint Network Node 

7 (JNN) element of the Bridge to Future Networks pro8 gram and the Warfighter Information Network-Tac9 tical (WIN–T) program will fit together, including an 

10 analysis of whether there are opportunities to leverage 

11 technologies and equipment from the Joint Network 

12 Node program as part of the development of the 

13 Warfighter Information Network-Tactical program. 

14 (2) A description of the extent to which compo15 nents of the Joint Network Node and the Warfighter 

16 Information Network-Tactical programs could be used 

17 together as elements of a single tactical network. 

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

19 completing the systems engineering necessary to en20 sure the end-to-end interoperability of a single tac21 tical network referred to in paragraph (2). 

22 Subtitle C—Navy Programs 

23 SEC. 121. ATTACK SUBMARINE FORCE STRUCTURE. 

24 Section 5062 of title 10, United States Code, is amend25 ed— 


sroberts on PROD1PC70 with BILLS
23 

•HR 5122 RH 

1 (1) by redesignating subsections (c) and (d) as 

2 subsections (d) and (e), respectively; and 

3 (2) by inserting after subsection (b) the following 

4 new subsection (c): 

5 ‘‘(c) The naval combat forces of the Navy shall include 

6 not less than 48 operational attack submarines. For pur7 poses of this subsection, an operational attack submarine 

8 includes an attack submarine that is temporarily unavail9 able for worldwide deployment due to routine or scheduled 

10 maintenance or repair.’’. 

11 SEC. 122. ADHERENCE TO NAVY COST ESTIMATES FOR CVN–

12 21 CLASS OF AIRCRAFT CARRIERS. 

13 (a) LIMITATION.— 

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

15 expended from funds appropriated or otherwise made 

16 available for Shipbuilding and Conversion, Navy, or 

17 for any other procurement account, for the aircraft 

18 carrier designated as CVN–21 may not exceed 

19 $10,500,000,000 (as adjusted pursuant to subsection 

20 (b)). 

21 (2) FOLLOW-ONSHIPS.—The total amount obli22 gated or expended from funds appropriated or other23 wise made available for Shipbuilding and Conversion, 

24 Navy, or for any other procurement account, for the 

25 construction of any ship that is constructed in the 


sroberts on PROD1PC70 with BILLS
24 

•HR 5122 RH 

1 CVN–21 class of aircraft carriers after the lead ship 

2 of that class may not exceed $8,100,000,000 (as ad3 justed pursuant to subsection (b)). 

4 (b) ADJUSTMENT OF LIMITATION AMOUNT.—The Sec5 retary of the Navy may adjust the amount set forth in sub6 section (a) for any ship constructed in the CVN–21 class 

7 of aircraft carriers by the following: 

8 (1) The amounts of increases or decreases in 

9 costs attributable to economic inflation after Sep10 tember 30, 2006. 

11 (2) The amounts of increases or decreases in 

12 costs attributable to compliance with changes in Fed13 eral, State, or local laws enacted after September 30, 

14 2006. 

15 (3) The amounts of outfitting costs and post-de16 livery costs incurred for that ship. 

17 (4) The amounts of increases or decreases in 

18 costs of that ship that are attributable to insertion of 

19 new technology into that ship, as compared to the 

20 technology baseline as it was defined in the approved 

21 acquisition program baseline estimate of December 

22 2005. 

23 (c) LIMITATIONON TECHNOLOGY INSERTION COST AD24 JUSTMENT.—The Secretary of the Navy may use the author25 ity under paragraph (4) of subsection (b) to adjust the 


sroberts on PROD1PC70 with BILLS
25 

•HR 5122 RH 

1 amount set forth in subsection (a) for a ship referred to 

2 in that subsection with respect to insertion of new tech3 nology into that ship only if— 

4 (1) the Secretary determines, and certifies to the 

5 congressional defense committees, that insertion of the 

6 new technology would lower the life-cycle cost of the 

7 ship; or 

8 (2) the Secretary determines, and certifies to the 

9 congressional defense committees, that insertion of the 

10 new technology is required to meet an emerging threat 

11 and the Secretary of Defense certifies to those commit12 tees that such threat poses grave harm to national se13 curity. 

14 (d) WRITTEN NOTICE OF CHANGE IN AMOUNT.— 

15 (1) REQUIREMENT.—The Secretary of the Navy 

16 shall submit to the congressional defense committees 

17 each year, at the same time that the budget is sub18 mitted under section 1105(a) of title 31, United 

19 States Code, for the next fiscal year, written notice of 

20 any change in the amount set forth in subsection (a) 

21 during the preceding fiscal year that the Secretary 

22 has determined to be associated with a cost referred 

23 to in subsection (b). 

24 (2) EFFECTIVE DATE.—The requirement in 

25 paragraph (1) shall become effective with the budget 


sroberts on PROD1PC70 with BILLS
26 

•HR 5122 RH 

1 request for the year of procurement of the first ship 

2 referred to in subsection (a). 

3 SEC. 123. ADHERENCE TO NAVY COST ESTIMATES FOR LHA 

4 REPLACEMENT AMPHIBIOUS ASSAULT SHIP 

5 PROGRAM. 

6 (a) LIMITATION.—The total amount obligated or ex7 pended from funds appropriated or otherwise made avail8 able for Shipbuilding and Conversion, Navy, or for any 

9 other procurement account, for procurement of any ship 

10 that is constructed under the LHA Replacement (LHA(R)) 

11 amphibious assault ship program may not exceed 

12 $2,813,600,000 (as adjusted pursuant to subsection (b)). 

13 (b) ADJUSTMENT OF LIMITATION AMOUNT.—The Sec14 retary of the Navy may adjust the amount set forth in sub15 section (a) for any ship constructed under the LHA Re16 placement amphibious assault ship program by the fol17 lowing: 

18 (1) The amounts of increases or decreases in 

19 costs attributable to economic inflation after Sep20 tember 30, 2006. 

21 (2) The amounts of increases or decreases in 

22 costs attributable to compliance with changes in Fed23 eral, State, or local laws enacted after September 30, 

24 2006. 


sroberts on PROD1PC70 with BILLS
27 

•HR 5122 RH 

1 (3) The amounts of outfitting costs and post-de2 livery costs incurred for that ship. 

3 (4) The amounts of increases or decreases in 

4 costs of that ship that are attributable to insertion of 

5 new technology into that ship, as compared to the 

6 technology baseline as it was defined at the develop7 ment stage referred to as Milestone B. 

8 (c) LIMITATIONON TECHNOLOGY INSERTION COST AD9 JUSTMENT.—The Secretary of the Navy may use the author10 ity under paragraph (4) of subsection (b) to adjust the 

11 amount set forth in subsection (a) for a ship referred to 

12 in that subsection with respect to insertion of new tech13 nology into that ship only if— 

14 (1) the Secretary determines, and certifies to the 

15 congressional defense committees, that insertion of the 

16 new technology would lower the life-cycle cost of the 

17 ship; or 

18 (2) the Secretary determines, and certifies to the 

19 congressional defense committees, that insertion of the 

20 new technology is required to meet an emerging threat 

21 and the Secretary of Defense certifies to those commit22 tees that such threat poses grave harm to national se23 curity. 

24 (d) WRITTEN NOTICE OF CHANGE IN AMOUNT.— 


sroberts on PROD1PC70 with BILLS
28 

•HR 5122 RH 

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

2 shall submit to the congressional defense committees 

3 each year, at the same time that the budget is sub4 mitted under section 1105(a) of title 31, United 

5 States Code, for the next fiscal year, written notice of 

6 any change in the amount set forth in subsection (a) 

7 during the preceding fiscal year that the Secretary 

8 has determined to be associated with a cost referred 

9 to in subsection (b). 

10 (2) EFFECTIVE DATE.—The requirement in 

11 paragraph (1) shall become effective with the budget 

12 request for the year of procurement of the first ship 

13 referred to in subsection (a). 

14 SEC. 124. ADHERENCE TO NAVY COST ESTIMATES FOR SAN 

15 ANTONIO (LPD–17) CLASS AMPHIBIOUS SHIP 

16 PROGRAM. 

17 (a) LIMITATION.— 

18 (1) PROCUREMENT COST.—The total amount ob19 ligated or expended from funds appropriated or other20 wise made available for Shipbuilding and Conversion, 

21 Navy, or for any other procurement account, for the 

22 San Antonio-class amphibious ships designated as 

23 LPD–18, LPD–19, LPD–20, LPD–21, LPD–22, 

24 LPD–23, LPD–24, and LPD–25 may not exceed the 

25 amount for each such vessel specified in paragraph 


sroberts on PROD1PC70 with BILLS
29 

•HR 5122 RH 

1 (2) (those specified amounts being the estimated total 

2 procurement end cost of those vessels, respectively, in 

3 the fiscal year 2007 budget): 

4 (2) SPECIFIED COST LIMIT BY VESSEL.—The 

5 limitation under this subsection for each vessel speci6 fied in paragraph (1) is the following: 

7 (A) For the LPD–18 ship, $1,111,310,000 

8 (as adjusted pursuant to subsection (b)). 

9 (B) For the LPD–19 ship, $1,137,400,000 

10 (as adjusted pursuant to subsection (b)). 

11 (C) For the LPD–20 ship, $1,004,600,000 

12 (as adjusted pursuant to subsection (b)). 

13 (D) For the LPD–21 ship, $1,126,966,000 

14 (as adjusted pursuant to subsection (b)). 

15 (E) For the LPD–22 ship, $1,246,736,000 

16 (as adjusted pursuant to subsection (b)). 

17 (F) For the LPD–23 ship, $1,191,230,000 

18 (as adjusted pursuant to subsection (b)). 

19 (G) For the LPD–24 ship, $1,333,001,000 

20 (as adjusted pursuant to subsection (b)). 

21 (H) For the LPD–25 ship, $1,671,800,000 

22 (as adjusted pursuant to subsection (b)). 

23 (b) ADJUSTMENT OF LIMITATION AMOUNTS.—The Sec24 retary of the Navy may adjust the amount set forth in subVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
30 

•HR 5122 RH 

1 section (a) for any ship specified in that subsection by the 

2 following: 

3 (1) The amounts of increases or decreases in 

4 costs attributable to economic inflation after Sep5 tember 30, 2006. 

6 (2) The amounts of increases or decreases in 

7 costs attributable to compliance with changes in Fed8 eral, State, or local laws enacted after September 30, 

9 2006. 

10 (3) The amounts of outfitting costs and post-de11 livery costs incurred for that ship. 

12 (4) The amounts of increases or decreases in 

13 costs of that ship that are attributable to insertion of 

14 new technology into that ship, as compared to the 

15 technology built into the U.S.S. San Antonio (LPD– 

16 17), the lead ship of the LPD–17 class. 

17 (c) LIMITATIONON TECHNOLOGY INSERTION COST AD18 JUSTMENT.—The Secretary of the Navy may use the author19 ity under paragraph (4) of subsection (b) to adjust the 

20 amount set forth in subsection (a) for any LPD–17 class 

21 ship with respect to insertion of new technology into that 

22 ship only if— 

23 (1) the Secretary determines, and certifies to the 

24 congressional defense committees, that insertion of the 


sroberts on PROD1PC70 with BILLS
31 

•HR 5122 RH 

1 new technology would lower the life-cycle cost of the 

2 ship; or 

3 (2) the Secretary determines, and certifies to the 

4 congressional defense committees, that insertion of the 

5 new technology is required to meet an emerging threat 

6 and the Secretary of Defense certifies to those commit7 tees that such threat poses grave harm to national se8 curity. 

9 (d) WRITTEN NOTICE OF CHANGE IN AMOUNT.— 

10 (1) REQUIREMENT.—The Secretary of the Navy 

11 shall submit to the congressional defense committees 

12 each year, at the same time that the budget is sub13 mitted under section 1105(a) of title 31, United 

14 States Code, for the next fiscal year, written notice of 

15 any change in the amount set forth in subsection (a) 

16 during the preceding fiscal year that the Secretary 

17 has determined to be associated with a cost referred 

18 to in subsection (b). 

19 (2) EFFECTIVE DATE.—The requirement in 

20 paragraph (1) shall become effective with the budget 

21 request for the year of procurement of the first ship 

22 referred to in subsection (a). 


sroberts on PROD1PC70 with BILLS
32 

•HR 5122 RH 

1 SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR V–22 

2 TILTROTOR AIRCRAFT PROGRAM. 

3 The Secretary of the Navy, in accordance with section 

4 2306b of title 10, United States Code, and acting as execu5 tive agent for the Secretary of the Air Force and the com6 mander of the United States Special Operations Command, 

7 may enter into a multiyear contract, beginning with the 

8 fiscal year 2008 program year, for procurement of V–22 

9 tiltrotor aircraft. The total number of aircraft procured 

10 through a multiyear contract under this section may not 

11 exceed 211, of which not more than 185 may be in the MV– 

12 22 configuration and not more than 26 may be in the CV– 

13 22 configuration. 

14 SEC. 126. QUALITY CONTROL IN PROCUREMENT OF SHIP 

15 CRITICAL SAFETY ITEMS AND RELATED SERV16 ICES. 

17 (a) IN GENERAL.— 

18 (1) QUALITY CONTROL POLICY.—Chapter 633 of 

19 title 10, United States Code, is amended by adding 

20 at the end the following new section: 

21 ‘‘§ 7317. Ship critical safety items and related serv22 ices: quality control in procurement 

23 ‘‘(a) QUALITY CONTROL POLICY.—The Secretary of 

24 Defense shall prescribe in regulations a quality control pol25 icy for the procurement of— 

26 ‘‘(1) ship critical safety items; and 


sroberts on PROD1PC70 with BILLS
33 

•HR 5122 RH 

1 ‘‘(2) modifications, repair, and overhaul of ship 

2 critical safety items. 

3 ‘‘(b) CONTENT OF REGULATIONS.—The policy set forth 

4 in the regulations under subsection (a) shall include the fol5 lowing requirements: 

6 ‘‘(1) That the head of the design control activity 

7 for ship critical safety items establish processes to 

8 identify and manage the procurement, modification, 

9 repair, and overhaul of ship critical safety items. 

10 ‘‘(2) That the head of the contracting activity for 

11 a ship critical safety item enter into a contract for 

12 the procurement, modification, repair, or overhaul of 

13 such item only with a source that is on a qualified 

14 manufacturers list or is approved by the design con15 trol activity in accordance with section 2319 of this 

16 title. 

17 ‘‘(3) That the ship critical safety items delivered, 

18 and the services performed with respect to ship crit19 ical safety items, meet all technical and quality re20 quirements specified by the design control activity. 

21 ‘‘(c) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘ship critical safety item’ means 

23 any part, assembly, or support equipment of a vessel 

24 that contains a critical characteristic the failure, 

25 malfunction, or absence of which may cause a cataVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
34 

•HR 5122 RH 

1 strophic or critical failure resulting in loss or serious 

2 damage to the vessel or unacceptable risk of personal 

3 injury or loss of life. 

4 ‘‘(2) The term ‘design control activity’, with re5 spect to a ship critical safety item, means the systems 

6 command of a military department that is specifi7 cally responsible for ensuring the seaworthiness of a 

8 ship system or equipment in which the item is to be 

9 used.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of such chapter is amended by 

12 adding at the end the following new item: 

‘‘7317. Ship critical safety items and related services: quality control in procurement.’’. 

13 (b) CONFORMING AMENDMENTS.—Section 2319 of title 

14 10, United States Code, is amended— 

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

16 critical safety item’’ after ‘‘aviation critical safety 

17 item’’; and 

18 (2) In subsection (g)— 

19 (A) by redesignating paragraph (2) as 

20 paragraph (3); 

21 (B) by inserting after paragraph (1) the fol22 lowing new paragraph (2): 


sroberts on PROD1PC70 with BILLS
35 

•HR 5122 RH 

1 ‘‘(2) The term ‘ship critical safety item’ has the 

2 meaning given that term in section 7317(c) of this 

3 title.’’; and 

4 (C) in paragraph (3) (as redesignated)— 

5 (i) by inserting ‘‘or a ship critical 

6 safety item’’ after ‘‘aviation critical safety 

7 item’’ the first place it appears; and 

8 (ii) by inserting ‘‘, or the seaworthiness 

9 of a ship system or equipment,’’ after 

10 ‘‘equipment’’. 

11 SEC. 127. DD(X) NEXT-GENERATION DESTROYER PROGRAM. 

12 (a) FUNDING AUTHORIZED.—Of the amount author13 ized to be appropriated by section 102(a)(3) for fiscal year 

14 2007 for Shipbuilding and Conversion, Navy, 

15 $2,568,000,000 is available for the DD(X) Next-Generation 

16 Destroyer program. 

17 (b) CONTRACT AUTHORITY.—The Secretary of the 

18 Navy may enter into two contracts during fiscal year 2007 

19 for the DD(X) Next-Generation Destroyer program. The 

20 contracts shall be entered into with two different ship21 builders. One such contract shall provide for procurement 

22 of a DD(X) Next-Generation destroyer, including detail de23 sign and construction. The other contract shall provide only 

24 for detail design of a DD(X) Next-Generation destroyer. The 

25 two contracts shall be awarded simultaneously. 


sroberts on PROD1PC70 with BILLS
36 

•HR 5122 RH 

1 SEC. 128. SENSE OF CONGRESS THAT THE NAVY MAKE 

2 GREATER USE OF NUCLEAR-POWERED PRO3 PULSION SYSTEMS IN ITS FUTURE FLEET OF 

4 SURFACE COMBATANTS. 

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

6 (1) Securing and maintaining access to afford7 able and plentiful sources of energy is a vital na8 tional security interest for the United States.

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

10 a threat to national security due to the inherently 

11 volatile nature of the global oil market and the polit12 ical instability of some of the world’s largest oil pro13 ducing states. 

14 (3) Given the recent increase in the cost of crude 

15 oil, which cannot realistically be expected to improve 

16 over the long term, other energy sources must be seri17 ously considered. 

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

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

20 should make greater use of alternative technologies, includ21 ing nuclear power, as a means of vessel propulsion for its 

22 future fleet of surface combatants.

23 Subtitle D—Air Force Programs 

24 SEC. 131. REQUIREMENT FOR B–52 FORCE STRUCTURE. 

25 (a) REQUIREMENT.—Before the date specified in sub26 section (b), the Secretary of the Air Force— 


sroberts on PROD1PC70 with BILLS
37 

•HR 5122 RH 

1 (1) may not retire any B–52 aircraft, other than 

2 the aircraft with tail number 61–0025; and 

3 (2) shall maintain not less than 44 such aircraft 

4 as combat-coded aircraft. 

5 (b) TERMINATION.—For purposes of subsection (a), the 

6 date specified in this subsection is the earlier of— 

7 (1) January 1, 2018; and 

8 (2) the date as of which a long-range strike re9 placement aircraft with equal or greater capability 

10 than the B–52H model aircraft has attained initial 

11 operational capability status. 

12 SEC. 132. STRATEGIC AIRLIFT FORCE STRUCTURE. 

13 (a) REQUIRED FORCE STRUCTURE.— 

14 (1) MINIMUM NUMBER OF AIRCRAFT.—Effective 

15 October 1, 2008, the Secretary of the Air Force shall 

16 maintain a total aircraft inventory of strategic airlift 

17 aircraft of not less than 299 aircraft. 

18 (2) DEFINITIONS.—For purposes of this sub19 section: 

20 (A) The term ‘‘strategic airlift aircraft’’ 

21 means an aircraft that has a cargo capacity of 

22 at least 150,000 pounds and that is capable of 

23 transporting outsized cargo an unrefueled range 

24 of at least 2,400 nautical miles. 


sroberts on PROD1PC70 with BILLS
38 

•HR 5122 RH 

1 (B) The term ‘‘outsized cargo’’ means any 

2 single item of equipment that exceeds 1,090 

3 inches in length, 117 inches in width, or 105 

4 inches in height. 

5 (b) REPEAL OF LIMITATIONON RETIREMENT OF C– 

6 5 AIRCRAFT.—Section 132 of the National Defense Author7 ization Act for Fiscal Year 2004 (Public Law 108–136; 117 

8 Stat. 1411) is repealed. 

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

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

11 Force may not retire any U–2 aircraft of the Air Force 

12 in fiscal year 2007. 

13 (b) YEARS AFTER FISCAL YEAR 2007.—After fiscal 

14 year 2007, the Secretary of the Air Force may retire a U– 

15 2 aircraft only if the Secretary of Defense certifies to Con16 gress that the U–2 intelligence, surveillance, and reconnais17 sance (ISR) capability provided by the U–2 aircraft no 

18 longer contributes to mitigating any gaps in ISR capabili19 ties identified in the 2006 Quadrennial Defense Review. No 

20 action may be taken by the Department of Defense to retire 

21 (or to prepare to retire) any U–2 aircraft— 

22 (1) before such a certification is submitted to 

23 Congress; or 

24 (2) during the 60-day period beginning on the 

25 date on which such a certification is submitted. 


sroberts on PROD1PC70 with BILLS
39 

•HR 5122 RH 

1 SEC. 134. MULTIYEAR PROCUREMENT AUTHORITY FOR F–

2 22A RAPTOR FIGHTER AIRCRAFT. 

3 (a) MULTIYEAR AUTHORITY.—The Secretary of the 

4 Air Force may enter into a multiyear contract for the pro5 curement of up to 60 F–22A Raptor fighter aircraft begin6 ning with the 2007 program year, 

7 (b) COMPLIANCE WITH LAW APPLICABLE TO

8 MULTIYEAR CONTRACTS.—A contract under subsection (a) 

9 for the procurement of F–22A aircraft shall be entered into 

10 in accordance with section 2306b of title 10, United States 

11 Code, except that, notwithstanding subsection (k) of that 

12 section, such a contract may not be for a period in excess 

13 of three program years. 

14 (c) REQUIRED CERTIFICATIONS.—In the case of a con15 tract under subsection (a) for the procurement of F–22A 

16 aircraft, a certification under subsection (i)(1)(A) of section 

17 2306b of title 10, United States Code, with respect to that 

18 contract may only be submitted if the certification includes 

19 an additional certification that each of the conditions speci20 fied in subsection (a) of that section has been satisfied with 

21 respect to that contract. 

22 (d) NOTICE-AND-WAIT REQUIREMENT.—Upon submis23 sion to Congress of a certification referred to in subsection 

24 (c) with respect to a proposed contract under subsection (a) 

25 for the procurement of F–22A aircraft, the contract may 


sroberts on PROD1PC70 with BILLS
40 

•HR 5122 RH 

1 then be entered into only after a period of 30 days has 

2 elapsed after the date of the submission of the certification. 

3 SEC. 135. LIMITATION ON RETIREMENT OF KC–135E AIR4 CRAFT DURING FISCAL YEAR 2007. 

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

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

7 2007 may not exceed 29. 

8 (b) TREATMENT OF RETIRED AIRCRAFT.—The Sec9 retary of the Air Force shall maintain each KC–135E air10 craft that is retired by the Secretary after September 30, 

11 2006, in a condition that would allow recall of that aircraft 

12 to future service in the Air Force Reserve, Air National 

13 Guard, or active forces aerial refueling force structure. 

14 SEC. 136. LIMITATION ON RETIREMENT OF F–117A AIR15 CRAFT DURING FISCAL YEAR 2007. 

16 (a) LIMITATION.—The number of F–117A aircraft re17 tired by the Secretary of the Air Force during fiscal year 

18 2007 may not exceed 10. 

19 (b) TREATMENT OF RETIRED AIRCRAFT.—The Sec20 retary of the Air Force shall maintain each F–117A air21 craft that is retired by the Secretary after September 30, 

22 2006, in a condition that would allow recall of that aircraft 

23 to future service. 


sroberts on PROD1PC70 with BILLS
41 

•HR 5122 RH 

1 TITLE II—RESEARCH, DEVELOP2 MENT, TEST, AND EVALUA3 TION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Alternate engine for Joint Strike Fighter. 

Sec. 212. Extension of authority to award prizes for advanced technology achievements. 

Sec. 213. Extension of Defense Acquisition Challenge Program. 

Sec. 214. Future Combat Systems milestone review. 

Sec. 215. Independent cost analyses for Joint Strike Fighter engine program. 

Sec. 216. Dedicated amounts for implementing or evaluating DD(X) and CVN– 

21 proposals under Defense Acquisition Challenge Program. 

Subtitle C—Ballistic Missile Defense 

Sec. 221. Fielding of ballistic missile defense capabilities. 

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

Subtitle D—Other Matters 

Sec. 231. Review of test and evaluation policies and practices to address emerging 

acquisition approaches. 

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, $10,932,209,000. 

11 (2) For the Navy, $17,377,769,000. 

12 (3) For the Air Force, $24,810,041,000. 


sroberts on PROD1PC70 with BILLS
42 

•HR 5122 RH 

1 (4) For Defense-wide activities, $20,944,559,000, 

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

3 of Operational Test and Evaluation. 

4 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH5 NOLOGY. 

6 (a) FISCAL YEAR 2007.—Of the amounts authorized 

7 to be appropriated by section 201, $11,735,555,000 shall be 

8 available for the Defense Science and Technology Program, 

9 including basic research, applied research, and advanced 

10 technology development projects. 

11 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD12 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For pur13 poses of this section, the term ‘‘basic research, applied re14 search, and advanced technology development’’ means work 

15 funded in program elements for defense research and devel16 opment under Department of Defense category 6.1, 6.2, or 

17 6.3. 

18 Subtitle B—Program Requirements, 

19 Restrictions, and Limitations 

20 SEC. 211. ALTERNATE ENGINE FOR JOINT STRIKE FIGHTER. 

21 Of the funds authorized to be appropriated for the De22 partments of the Navy and Air Force for the system develop23 ment and demonstration program for the Joint Strike 

24 Fighter, not less than $408,000,000 shall be obligated for 


sroberts on PROD1PC70 with BILLS
43 

•HR 5122 RH 

1 continued development of an alternate engine for the Joint 

2 Strike Fighter. 

3 SEC. 212. EXTENSION OF AUTHORITY TO AWARD PRIZES 

4 FOR ADVANCED TECHNOLOGY ACHIEVE5 MENTS. 

6 Section 2374a(f) of title 10, United States Code, is 

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

8 ‘‘September 30, 2010’’. 

9 SEC. 213. EXTENSION OF DEFENSE ACQUISITION CHAL10 LENGE PROGRAM. 

11 (a) EXTENSION.—Section 2359b of title 10, United 

12 States Code, is amended by striking subsection (j). 

13 (b) CONFIDENTIALITY.—Such section is further 

14 amended in subsection (g)— 

15 (1) by amending the heading to read as follows: 

16 ‘‘CONFLICTS OF INTEREST AND CONFIDENTIAL17 ITY.—’’; and 

18 (2) by inserting before the period at the end the 

19 following: ‘‘and that the identity of any person or ac20 tivity submitting a challenge proposal is not disclosed 

21 outside the Federal Government without the consent of 

22 the person or activity’’. 

23 SEC. 214. FUTURE COMBAT SYSTEMS MILESTONE REVIEW. 

24 (a) MILESTONE REVIEW REQUIRED.—After the pre25 liminary design review of the Future Combat Systems proVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
44 

•HR 5122 RH 

1 gram, but in no event later than the end of fiscal year 2008, 

2 the Secretary of Defense shall carry out a Defense Acquisi3 tion Board milestone review of the Future Combat Systems 

4 program. The milestone review shall include an assessment 

5 as to each of the following: 

6 (1) Whether the warfighter’s needs are valid and 

7 can be best met with the concept of the program. 

8 (2) Whether the concept of the program can be 

9 developed and produced within existing resources. 

10 (3) Whether the program should continue. 

11 (b) DETERMINATIONS TO BE MADE IN ASSESSING

12 WHETHER PROGRAM SHOULD CONTINUE.—In making the 

13 assessment required by subsection (a)(3), the Secretary shall 

14 make a determination with respect to each of the following: 

15 (1) Whether each critical technology for the pro16 gram is at least Technical Readiness Level 6. 

17 (2) For each system and network component of 

18 the program, what the key design and technology risks 

19 are, based on System Functional Reviews, Prelimi20 nary Design Reviews, and Technical Readiness Lev21 els. 

22 (3) Whether actual demonstrations, rather than 

23 simulations, have shown that the concept of the pro24 gram will work. 


sroberts on PROD1PC70 with BILLS
45 

•HR 5122 RH 

1 (4) Whether actual demonstrations, rather than 

2 plans, have shown that the software for the program 

3 is functional. 

4 (5) What the cost estimate for the program is. 

5 (6) What the affordability assessment for the pro6 gram is, based on that cost estimate. 

7 (c) REPORT.—The Secretary shall submit to the con8 gressional defense committees a report on the findings and 

9 conclusions of the milestone review required by subsection 

10 (a). The report shall include, and display, each of the assess11 ments required by subsection (a) and each of the determina12 tions required by subsection (b). 

13 (d) RESTRICTIONON FUNDS EFFECTIVE FISCAL

14 2009.—For fiscal years beginning with 2009, the Secretary 

15 may not obligate any funds for the Future Combat Systems 

16 program until after the report required by subsection (c) 

17 is submitted. 

18 SEC. 215. INDEPENDENT COST ANALYSES FOR JOINT 

19 STRIKE FIGHTER ENGINE PROGRAM. 

20 (a) INDEPENDENT COST ANALYSES.—A comprehensive 

21 and detailed cost analysis of the Joint Strike Fighter engine 

22 program shall be independently performed by the Comp23 troller General and by the Secretary of Defense, acting 

24 through the Cost Analysis Improvement Group of the Office 

25 of the Secretary of Defense. The cost analysis shall cover— 


sroberts on PROD1PC70 with BILLS
46 

•HR 5122 RH 

1 (1) an alternative under which the aircraft are 

2 capable of using the F135 engine only; 

3 (2) an alternative under which the aircraft are 

4 capable of using either the F135 engine or the F136 

5 engine, and is carried out on a competitive basis; and 

6 (3) any other alternative, whether competitive or 

7 sole source, that would reduce total life-cycle cost, im8 prove program schedule, or both. 

9 (b) REPORTS.—Not later than March 15, 2007, each 

10 official specified in subsection (a) shall independently sub11 mit to the congressional defense committees a report on the 

12 cost analysis carried out by that official under subsection 

13 (a). Each report shall include each of the following matters: 

14 (1) The key assumptions used in carrying out 

15 the cost analysis. 

16 (2) The methodology and techniques used in car17 rying out the cost analysis. 

18 (3) For each alternative under subsection (a)— 

19 (A) a comparison of the life-cycle costs, in20 cluding costs in current and constant collars and 

21 a net-present-value analysis; and 

22 (B) estimates of— 

23 (i) supply, maintenance, and other op24 erations manpower required to support the 

25 alternative; 


sroberts on PROD1PC70 with BILLS
47 

•HR 5122 RH 

1 (ii) the number of flight hours required 

2 to achieve engine maturity and in what 

3 year that is expected to be achieved; and 

4 (iii) the total number of engines ex5 pected to be procured over the lifetime of the 

6 Joint Strike Fighter program. 

7 (4) The acquisition strategies that were used for, 

8 and the experience with respect to cost, schedule, and 

9 performance under past acquisition programs for en10 gines for tactical fighter aircraft, including the F–15, 

11 F–16, F–18, and F–22. 

12 (5) A comparison of the experiences under past 

13 engine acquisition programs carried out on a sole14 source basis, and those carried out on a competitive 

15 basis, with respect to performance, savings, maintain16 ability, reliability, and technical innovation. 

17 (6) Conclusions and recommendations. 

18 (c) CERTIFICATIONBY COMPTROLLER GENERAL.—In 

19 submitting the report required by subsection (b), the Comp20 troller General shall also submit a certification as to wheth21 er the Comptroller General had access to sufficient informa22 tion to enable the Comptroller General to make informed 

23 judgments on the matters required to be included in the re24 port. 


sroberts on PROD1PC70 with BILLS
48 

•HR 5122 RH 

1 (d) LIFE-CYCLE COSTS DEFINED.—In this section, the 

2 term ‘‘life-cycle costs’’ includes those elements of cost that 

3 would be considered for a life-cycle cost analysis for a major 

4 defense acquisition program, such as procurement of en5 gines, procurement of spare engines, and procurement of en6 gine components and parts, and also includes good-faith es7 timates of routine engine costs, such as performance up8 grades and component improvement, that historically have 

9 occurred in tactical fighter engine programs. 

10 SEC. 216. DEDICATED AMOUNTS FOR IMPLEMENTING OR 

11 EVALUATING DD(X) AND CVN–21 PROPOSALS 

12 UNDER DEFENSE ACQUISITION CHALLENGE 

13 PROGRAM. 

14 (a) AMOUNTS REQUIRED.—Of the amounts appro15 priated pursuant to the authorization of appropriations in 

16 section 201(4) for research, development, test, and evalua17 tion, Defense-wide, $4,000,000 shall be available only to im18 plement or evaluate challenge proposals specified in sub19 section (b). 

20 (b) CHALLENGE PROPOSALS COVERED.—A challenge 

21 proposal referred to in subsection (a) is a proposal under 

22 the Defense Acquisition Challenge Program established by 

23 section 2359b of title 10, United States Code, that relates 

24 to— 


sroberts on PROD1PC70 with BILLS
49 

•HR 5122 RH 

1 (1) the DD(X) next-generation destroyer pro2 gram; or 

3 (2) the CVN–21 next-generation aircraft carrier 

4 program. 

5 Subtitle C—Ballistic Missile 

6 Defense 

7 SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA8 BILITIES. 

9 Upon approval by the Secretary of Defense, funds au10 thorized to be appropriated for fiscal years 2007 and 2008 

11 for research, development, test, and evaluation for the Mis12 sile Defense Agency may be used for the development and 

13 fielding of ballistic missile defense capabilities. 

14 SEC. 222. LIMITATION ON USE OF FUNDS FOR SPACE-BASED 

15 INTERCEPTOR. 

16 (a) LIMITATION.—No funds appropriated or other wise 

17 made available to the Department of Defense may be obli18 gated or expended for the testing or deployment of a space19 based interceptor until 90 days after the date on which a 

20 report described in subsection (c) is submitted. 

21 (b) SPACE-BASED INTERCEPTOR DEFINED.—For pur22 poses of this section, the term ‘‘space-based interceptor’’ 

23 means a kinetic or directed energy weapon that is stationed 

24 on a satellite or orbiting platform and that is intended to 


sroberts on PROD1PC70 with BILLS
50 

•HR 5122 RH 

1 destroy another satellite in orbit or a ballistic missile 

2 launched from earth. 

3 (c) REPORT.—A report described in this subsection is 

4 a report prepared by the Director of the Missile Defense 

5 Agency and submitted to the congressional defense commit6 tees containing the following: 

7 (1) A description of the essential components of 

8 a proposed space-based interceptor system, including 

9 a description of how the system proposed would en10 hance or complement other missile defense systems. 

11 (2) An estimate of the acquisition and life-cycle 

12 cost of the system described under paragraph (1), in13 cluding lift cost and periodic replacement cost due to 

14 depreciation and attrition. 

15 (3) An analysis of the vulnerability of such a 

16 system to counter-measures, including direct ascent 

17 and co-orbital interceptors, and an analysis of the 

18 functionality of such a system in the aftermath of a 

19 nuclear detonation in space. 

20 (4) A projection of the foreign policy and na21 tional security implications of a space-based inter22 ceptor program, including the probable response of 

23 United States adversaries and United States allies. 


sroberts on PROD1PC70 with BILLS
51 

•HR 5122 RH 

1 Subtitle D—Other Matters 

2 SEC. 231. REVIEW OF TEST AND EVALUATION POLICIES AND 

3 PRACTICES TO ADDRESS EMERGING ACQUISI4 TION APPROACHES. 

5 (a) REVISIONTO REPORT REQUIREMENT.—Section 

6 2399(b)(2)(B) of title 10, United States Code, is amended 

7 by striking ‘‘tested are effective and suitable for combat’’ 

8 and inserting the following: ‘‘tested— 

9 ‘‘(i) are effective and suitable for combat in 

10 accordance with the users’ standards for effective11 ness and suitability as reflected in the require12 ments process; or 

13 ‘‘(ii) are operationally acceptable under cer14 tain restricted conditions, as delineated by the 

15 Director.’’. 

16 (b) REVIEW OF TEST AND EVALUATION POLICIES.— 

17 (1) INGENERAL.—The Under Secretary of De18 fense for Acquisition, Technology, and Logistics, in 

19 coordination with the Director of Operational Test 

20 and Evaluation and the Director of the Defense Test 

21 Resource Management Center, shall conduct a review 

22 of test and evaluation policies and practices of the 

23 Department of Defense and issue such new or revised 

24 guidance as may be necessary to address emerging ac25 quisition approaches. 


sroberts on PROD1PC70 with BILLS
52 

•HR 5122 RH 

1 (2) ISSUES TO BE ADDRESSED.—The issues to be 

2 addressed by the Under Secretary in the review under 

3 paragraph (1) shall include, at a minimum, appro4 priate polices and practices for— 

5 (A) ensuring the adequacy and the expedi6 ency of test and evaluation activities with regard 

7 to— 

8 (i) items that are acquired pursuant to 

9 the rapid acquisition authority in section 

10 806 of the Bob Stump National Defense Au11 thorization Act for Fiscal Year 2003 (10 

12 U.S.C. 2302 note); 

13 (ii) programs that are conducted pur14 suant to the spiral development authority 

15 in section 803 of the Bob Stump National 

16 Defense Authorization Act for Fiscal Year 

17 2003 (10 U.S.C. 2430 note) (or other au18 thority for the conduct of incremental ac19 quisition programs) ; 

20 (iii) systems that are acquired pursu21 ant to other emerging acquisition ap22 proaches, as approved by the Under Sec23 retary; and 

24 (iv) materiel that is not subject to the 

25 operational test and evaluation requireVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
53 

•HR 5122 RH 

1 ments in sections 2366 and 2399 of title 10, 

2 United States Code, but which may require 

3 limited operational test and evaluation for 

4 the purposes of ensuring the safety and real5 istic survivability of the materiel and the 

6 personnel using the materiel; and 

7 (B) the appropriate use, if any, of oper8 ational test and evaluation resources to assess 

9 technology readiness levels for purposes of section 

10 2366a of title 10, United States Code, and other 

11 applicable technology readiness requirements. 

12 (c) INCLUSION OF TESTING NEEDS IN STRATEGIC

13 PLAN.—The Director of the Defense Test Resource Manage14 ment Center shall ensure that the strategic plan for Depart15 ment of Defense test and evaluation resources required by 

16 section 196 of title 10, United States Code— 

17 (1) reflects any testing needs of the Department 

18 of Defense that are identified in the review under 

19 paragraph (1); and 

20 (2) includes an assessment of the test and eval21 uation facilities, resources, and budgets that will be 

22 required to meet such needs. 

23 (d) REPORT.—Not later than nine months after the 

24 date of the enactment of this Act, the Under Secretary of 

25 Defense for Acquisition, Technology, and Logistics shall 


sroberts on PROD1PC70 with BILLS
54 

•HR 5122 RH 

1 submit to the congressional defense committees a report on 

2 the review conducted, and any new or revised guidance 

3 issued, pursuant to subsection (b). 

4 TITLE III—OPERATION AND 

5 MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Other Department of Defense Programs. 

Subtitle B—Environmental Provisions 

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

Sec. 312. Identification and monitoring of military munitions disposal sites in 

ocean waters extending from United States coast to outer boundary of outer Continental Shelf. 

Sec. 313. Reimbursement of Environmental Protection Agency for certain costs in 

connection with Moses Lake Wellfield Superfund Site, Moses 

Lake, Washington. 

Sec. 314. Funding of cooperative agreements under environmental restoration 

program. 

Sec. 315. Analysis and report regarding contamination and remediation responsibility for Norwalk Defense Fuel Supply Point, Norwalk, California. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Extension of exclusion of certain expenditures from percentage limitation on contracting for depot-level maintenance. 

Sec. 322. Minimum capital investment for Air Force depots. 

Sec. 323. Extension of temporary authority for contractor performance of security 

guard functions. 

Subtitle D—Reports 

Sec. 331. Report on Nuclear Attack Submarine Depot Maintenance. 

Sec. 332. Report on Navy Fleet Response Plan. 

Sec. 333. Report on Navy surface ship rotational crew programs. 

Sec. 334. Report on Army live-fire ranges in Hawaii. 

Sec. 335. Comptroller General report on joint standards and protocols for access 

control systems at Department of Defense installations. 

Sec. 336. Report on Personnel Security Investigations for Industry and National 

Industrial Security Program. 

Subtitle E—Other Matters 

Sec. 341. Department of Defense strategic policy on prepositioning of materiel 

and equipment. 

Sec. 342. Authority to make Department of Defense horses available for adoption 

at end of useful working life. 


sroberts on PROD1PC70 with BILLS
55 

•HR 5122 RH 

Sec. 343. Sale and use of proceeds of recyclable munitions materials. 

Sec. 344. Capital security cost sharing. 

Sec. 345. Prioritization of funds within Navy mission operations, ship maintenance, combat support forces, and weapons system support. 

Sec. 346. Prioritization of funds within Army reconstitution and transformation. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2007 for the use of the Armed Forces and other 

6 activities and agencies of the Department of Defense for ex7 penses, not otherwise provided for, for operation and main8 tenance, in amounts as follows: 

9 (1) For the Army, $24,920,735,000. 

10 (2) For the Navy, $31,089,075,000. 

11 (3) For the Marine Corps, $3,974,081,000. 

12 (4) For the Air Force, $31,098,957,000. 

13 (5) For Defense-wide activities, $19,876,763,000. 

14 (6) For the Army Reserve, $2,300,102,000. 

15 (7) For the Naval Reserve, $1,288,764,000. 

16 (8) For the Marine Corps Reserve, $211,911,000. 

17 (9) For the Air Force Reserve, $2,723,800,000. 

18 (10) For the Army National Guard, 

19 $5,089,565,000. 

20 (11) For the Air National Guard, 

21 $5,336,017,000. 

22 (12) For the United States Court of Appeals for 

23 the Armed Forces, $11,721,000. 


sroberts on PROD1PC70 with BILLS
56 

•HR 5122 RH 

1 (13) For Environmental Restoration, Army, 

2 $413,794,000. 

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, $242,790,000. 

11 (18) For Overseas Humanitarian, Disaster, and 

12 Civic Aid programs, $63,204,000. 

13 (19) For Cooperative Threat Reduction pro14 grams, $372,128,000. 

15 (20) For the Overseas Contingency Operations 

16 Transfer Fund, $10,000,000. 

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 $180,498,000. 


sroberts on PROD1PC70 with BILLS
57 

•HR 5122 RH 

1 (2) For the National Defense Sealift Fund, 

2 $1,138,732,000. 

3 (3) For the Defense Working Capital Fund, De4 fense Commissary, $1,184,000,000. 

5 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

6 (a) DEFENSE HEALTH PROGRAM.—Funds are hereby 

7 authorized to be appropriated for the Department of Defense 

8 for fiscal year 2007 for expenses, not otherwise provided for, 

9 for the Defense Health Program, in the amount of 

10 $21,226,521,000, of which— 

11 (1) $20,699,563,000 is for Operation and Main12 tenance; 

13 (2) $130,603,000 is for Research, Development, 

14 Test, and Evaluation; and 

15 (3) $396,355,000 is for Procurement. 

16 (b) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI17 TIES, DEFENSE-WIDE.—Funds are hereby authorized to be 

18 appropriated for the Department of Defense for fiscal year 

19 2007 for expenses, not otherwise provided for, for Drug 

20 Interdiction and Counter-Drug Activities, Defense-wide, in 

21 the amount of $926,890,000. 

22 (c) DEFENSE INSPECTOR GENERAL.—Funds are here23 by authorized to be appropriated for the Department of De24 fense for fiscal year 2007 for expenses, not otherwise pro25 vided for, for the Office of the Inspector General of the DeVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
58 

•HR 5122 RH 

1 partment of Defense, in the amount of $216,297,000, of 

2 which— 

3 (1) $214,897,000 is for Operation and Mainte4 nance; 

5 (2) $1,400,000 is for Procurement; and 

6 (3) $0 is for Research, Development, Test, and 

7 Evaluation. 

8 Subtitle B—Environmental 

9 Provisions 

10 SEC. 311. REVISION OF REQUIREMENT FOR UNEXPLODED 

11 ORDNANCE PROGRAM MANAGER. 

12 Section 2701(k) of title 10, United States Code, is 

13 amended— 

14 (1) in paragraph (1)— 

15 (A) by striking ‘‘establish’’ and inserting 

16 ‘‘designate’’; 

17 (B) by inserting ‘‘research,’’ after ‘‘charac18 terization,’’; and 

19 (C) by adding at the end the following: 

20 ‘‘The position of program manager shall be filled 

21 by— 

22 ‘‘(A) in the case of an employee, an employee in 

23 a position that is equivalent to pay grade O–6 or 

24 above; or 


sroberts on PROD1PC70 with BILLS
59 

•HR 5122 RH 

1 ‘‘(B) in the case of a member of the armed forces, 

2 a commissioned officer of the Army, Navy, Air Force, 

3 or Marine Corps who is serving in the grade of colo4 nel, or in the case of the Navy, captain, or a higher 

5 grade.’’; and 

6 (2) by striking paragraph (2) and inserting the 

7 following: 

8 ‘‘(2) The program manager shall report to the Deputy 

9 Under Secretary of Defense for Installations and Environ10 ment.’’. 

11 SEC. 312. IDENTIFICATION AND MONITORING OF MILITARY 

12 MUNITIONS DISPOSAL SITES IN OCEAN WA13 TERS EXTENDING FROM UNITED STATES 

14 COAST TO OUTER BOUNDARY OF OUTER CON15 TINENTAL SHELF. 

16 (a) IDENTIFICATION OF MILITARY MUNITIONS DIS17 POSAL SITES.— 

18 (1) REVIEW OF HISTORICAL RECORDS.—The Sec19 retary of Defense shall conduct a review of historical 

20 records to determine— 

21 (A) the number and probable locations of 

22 sites where the Armed Forces disposed of mili23 tary munitions within covered United States 

24 ocean waters; 

25 (B) the size of the disposal sites; and 


sroberts on PROD1PC70 with BILLS
60 

•HR 5122 RH 

1 (C) the types and quantities of military 

2 munitions disposed of at the sites. 

3 (2) COOPERATION.—The Secretary shall request 

4 the assistance of the Coast Guard, the National Oce5 anic and Atmospheric Administration, and other rel6 evant Federal agencies in conducting the review re7 quired by this subsection. 

8 (3) RELEASE OF INFORMATION.—The Secretary 

9 shall periodically release, but no less often than annu10 ally, information obtained during the review con11 ducted under this subsection. The Secretary may 

12 withhold from public release information about the 

13 exact nature and location of a disposal site if the Sec14 retary determines that the potential unauthorized re15 trieval of military munitions at the site could pose a 

16 significant threat to national defense or public safety. 

17 (4) REPORTING REQUIREMENTS.—The Secretary 

18 shall include the information obtained during a year 

19 through the review conducted under this subsection in 

20 the report submitted to Congress under section 

21 2706(a) of title 10, United States Code, for the same 

22 year. 

23 (b) IDENTIFICATION OF NAVIGATIONAL AND SAFETY

24 HAZARDS.— 


sroberts on PROD1PC70 with BILLS
61 

•HR 5122 RH 

1 (1) INFORMATION FOR NAUTICAL CHARTS AND

2 OTHER NAVIGATIONAL MATERIALS.—The Secretary 

3 shall share information obtained through the review 

4 conducted under subsection (a) with the Secretary of 

5 Commerce to assist the National Oceanic and Atmos6 pheric Administration in preparing nautical charts 

7 and other navigational materials for covered United 

8 States ocean waters to identify known or probable 

9 hazards from disposed military munitions. 

10 (2) INFORMATION FOR USERS.—The Secretary 

11 shall continue activities to inform potentially affected 

12 users of the ocean environment, and particularly fish13 ing operations, of the possible hazards from contact 

14 with military munitions and the proper methods to 

15 mitigate such hazards. 

16 (c) RESEARCH.— 

17 (1) INGENERAL.—The Secretary shall conduct 

18 research on the effects of military munitions disposed 

19 of in covered United States ocean waters. 

20 (2) SPECIFIED RESEARCH EFFORTS.—The re21 search conducted under this subsection shall include 

22 the following: 

23 (A) The sampling and analysis of ocean 

24 waters and seabeds at or adjacent to the military 


sroberts on PROD1PC70 with BILLS
62 

•HR 5122 RH 

1 munitions disposal sites selected by the Secretary 

2 under paragraph (4). 

3 (B) The investigation into the long-term ef4 fects of seawater exposure on military munitions, 

5 particularly chemical munitions. 

6 (C) The development of effective safety 

7 measures when dealing with military munitions 

8 disposed of in seawater. 

9 (3) RESEARCH METHODS.—In conducting re10 search under this subsection, the Secretary may make 

11 grants to, and enter into cooperative agreements with, 

12 qualified research entities, as determined by the Sec13 retary. 

14 (4) RESEARCH LOCATIONS.—In conducting re15 search under this subsection, the Secretary shall en16 sure that the sampling, analysis, and investigations 

17 are conducted at reasonably representative sites ap18 plying factors such as depth, water temperature, na19 ture of the military munitions present, and relative 

20 proximity to shore populations. The Secretary shall 

21 select at least two representative sites from each of the 

22 following areas: 

23 (A) Along the Atlantic coast. 

24 (B) Along the Pacific coast (including the 

25 coast of Alaska). 


sroberts on PROD1PC70 with BILLS
63 

•HR 5122 RH 

1 (C) Off the shore of the Hawaiian Islands. 

2 (d) MONITORING.—If research conducted under sub3 section (c) at a military munitions disposal site indicates 

4 that the disposed military munitions have caused or may 

5 be causing contamination of ocean waters or seabeds, the 

6 Secretary shall institute appropriate monitoring mecha7 nisms at that site to recognize and track the potential re8 lease of contamination into the ocean waters from military 

9 munitions. 

10 (e) DEFINITIONS.—In this Act: 

11 (1) The term ‘‘coast line’’ has the same meaning 

12 given that term in section 2 of the Submerged Lands 

13 Act (43 U.S.C. 1301). 

14 (2) The term ‘‘covered United States ocean wa15 ters’’ means that part of the ocean extending from the 

16 coast line to the outer boundary of the outer Conti17 nental Shelf. 

18 (3) The term ‘‘military munitions’’ has the same 

19 meaning given that term in section 101(e) of title 10, 

20 United States Code. 

21 (4) The term ‘‘outer Continental Shelf’’ has the 

22 same meaning given that term in section 2 of the 

23 Outer Continental Shelf Lands Act (43 U.S.C. 1331). 

24 (5) The term ‘‘Secretary’’ means the Secretary of 

25 Defense. 


sroberts on PROD1PC70 with BILLS
64 

•HR 5122 RH 

1 SEC. 313. REIMBURSEMENT OF ENVIRONMENTAL PROTEC2 TION AGENCY FOR CERTAIN COSTS IN CON3 NECTION WITH MOSES LAKE WELLFIELD 

4 SUPERFUND SITE, MOSES LAKE, WASH5 INGTON. 

6 (a) AUTHORITY TO REIMBURSE.—Using funds de7 scribed in subsection (b), the Secretary of Defense may 

8 transfer not more than $111,114.03 to the Moses Lake 

9 Wellfield Superfund Site 10–6J Special Account to reim10 burse the Environmental Protection Agency for the costs in11 curred by the Environmental Protection Agency in over12 seeing a remedial investigation and feasibility study per13 formed by the Department of the Army under the Defense 

14 Environmental Restoration Program at the former Larson 

15 Air Force Base, Moses Lake Wellfield Superfund Site, Moses 

16 Lake, Washington. This reimbursement is provided for in 

17 the March 1999 interagency agreement entered into by the 

18 Department of the Army and the Environmental Protection 

19 Agency for the Moses Lake Wellfield Superfund Site. 

20 (b) SOURCE OF FUNDS.—Any payment under sub21 section (a) shall be made using funds authorized to be ap22 propriated by section 301(17) for operation and mainte23 nance for Environmental Restoration, Formerly Used De24 fense Sites. 


sroberts on PROD1PC70 with BILLS
65 

•HR 5122 RH 

1 SEC. 314. FUNDING OF COOPERATIVE AGREEMENTS UNDER 

2 ENVIRONMENTAL RESTORATION PROGRAM. 

3 Section 2701(d)(2) of title 10, United States Code, is 

4 amended by adding at the end the following new sentence: 

5 ‘‘This two-year limitation does not apply to an agreement 

6 funded using amounts in the Department of Defense Base 

7 Closure Account 1990 or the Department of Defense Base 

8 Closure Account 2005 established under sections 2906 and 

9 2906A of the Defense Base Closure and Realignment Act 

10 of 1990 (part A of title XXIX of Public Law 101–510; 10 

11 U.S.C. 2687 note).’’. 

12 SEC. 315. ANALYSIS AND REPORT REGARDING CONTAMINA13 TION AND REMEDIATION RESPONSIBILITY 

14 FOR NORWALK DEFENSE FUEL SUPPLY 

15 POINT, NORWALK, CALIFORNIA. 

16 (a) ANALYSIS REQUIRED.—The Secretary of the Air 

17 Force shall conduct a comprehensive analysis on the con18 tamination and remediation costs of the Norwalk Defense 

19 Fuel Supply Point in Norwalk, California. As part of the 

20 analysis, the Secretary shall— 

21 (1) characterize the contamination at the Nor22 walk Defense Fuel Supply Point; 

23 (2) prepare a plan for the remediation of the 

24 Norwalk Defense Fuel Supply Point; 

25 (3) prepare an estimate of anticipated costs to 

26 responsible parties; 


sroberts on PROD1PC70 with BILLS
66 

•HR 5122 RH 

1 (4) prepare a timeline for implementation and 

2 completion of the remediation at the Norwalk Defense 

3 Fuel Supply Point; 

4 (5) describe the status of efforts to reach an allo5 cation agreement of responsibility for remediation of 

6 the Norwalk Defense Fuel Supply Point with all enti7 ties that have contributed to the contamination of the 

8 property; and 

9 (6) prepare a plan for removal or conveyance of 

10 infrastructure at the Norwalk Defense Fuel Supply 

11 Point, including costs and responsibility for those 

12 costs of elements of that plan. 

13 (b) REPORT REQUIRED.—Not later than January 30, 

14 2007, the Secretary shall submit to Congress a report con15 taining the results of the analysis conducted under sub16 section (a) and addressing each of the matters specified in 

17 paragraphs (1) through (6) of such subsection. 

18 (c) CONVEYANCE REQUIREMENTS.—The Secretary 

19 shall not convey property by public auction at the Norwalk 

20 Defense Fuel Supply Point before such time as the Secretary 

21 has— 

22 (1) pursued a fair market transfer of the prop23 erty to the City of Norwalk, California, taking into 

24 consideration all contamination of the property; 


sroberts on PROD1PC70 with BILLS
67 

•HR 5122 RH 

1 (2) submitted the report required by subsection 

2 (b); and 

3 (3) submitted an additional report to Congress 

4 explaining the efforts undertaken by the Secretary to 

5 reach agreement with the City on the sale of the prop6 erty, including the reasons that those efforts were not 

7 successful, and 30-days have elapsed after this report 

8 is submitted. 

9 Subtitle C—Workplace and Depot 

10 Issues 

11 SEC. 321. EXTENSION OF EXCLUSION OF CERTAIN EXPENDI12 TURES FROM PERCENTAGE LIMITATION ON 

13 CONTRACTING FOR DEPOT-LEVEL MAINTE14 NANCE. 

15 Section 2474(f)(1) of title 10, United States Code, is 

16 amended by striking ‘‘fiscal years 2003 through 2009’’ and 

17 inserting ‘‘fiscal years 2003 through 2014’’. 

18 SEC. 322. MINIMUM CAPITAL INVESTMENT FOR AIR FORCE 

19 DEPOTS. 

20 (a) INVESTMENT REQUIRED.—Chapter 803 of title 10, 

21 United States Code, is amended by adding at the end the 

22 following new section: 


sroberts on PROD1PC70 with BILLS
68 

•HR 5122 RH 

1 ‘‘§ 8025. Minimum capital investment in Air Force de2 pots 

3 ‘‘(a) MINIMUM INVESTMENT REQUIREMENT.—Each 

4 fiscal year, the Secretary of the Air Force shall invest in 

5 the capital budgets of the depots of the Air Force a total 

6 amount equal to not less than six percent of the total com7 bined revenue of all the depots of the Air Force for the pre8 ceding fiscal year. 

9 ‘‘(b) WAIVER.—The Secretary of the Air Force may 

10 waive the requirement under subsection (a) if the Secretary 

11 determines that the waiver is necessary for reasons of na12 tional security and notifies the congressional defense com13 mittees.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of such chapter is amended by adding at the 

16 end the following new item: 

‘‘8025. Minimum capital investment for Air Force depots.’’. 

17 (c) EFFECTIVE DATE.—Section 8025 of title 10, 

18 United States Code, shall apply with respect to fiscal years 

19 beginning after the date of the enactment of this Act. 

20 SEC. 323. EXTENSION OF TEMPORARY AUTHORITY FOR 

21 CONTRACTOR PERFORMANCE OF SECURITY 

22 GUARD FUNCTIONS. 

23 (a) ONE-YEAR EXTENSION.—Section 332(c) of the Bob 

24 Stump National Defense Authorization Act for Fiscal Year 

25 2003 (Public Law 107–314) is amended by striking ‘‘SepVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
69 

•HR 5122 RH 

1 tember 30, 2007’’ both places it appears and inserting ‘‘Sep2 tember 30, 2008’’. 

3 (b) REPORT ON CONTRACTOR PERFORMANCE OF SECU4 RITY-GUARD FUNCTIONS.—Not later than February 1, 

5 2007, the Secretary of Defense shall submit to the Com6 mittee on Armed Services of the Senate and the Committee 

7 on Armed Services of the House of Representatives, a report 

8 on contractor performance of security guard functions 

9 under section 332 of the Bob Stump National Defense Au10 thorization Act for Fiscal Year 2003 (Public Law 107–314). 

11 The report shall include the following: 

12 (1) An explanation of progress made toward im13 plementing each of the seven recommendations in the 

14 Comptroller General report entitled ‘‘Contract Secu15 rity Guards: Army’s Guard Program Requires Great16 er Oversight and Reassessment of Acquisition Ap17 proach’’ (GAO–06–284). 

18 (2) An assessment, taking into considerations the 

19 observations made by the GAO on the report of the 

20 Department of Defense of November 2005 that is enti21 tled ‘‘Department of Defense Installation Security 

22 Guard Requirement Assessment and Plan’’, of the fol23 lowing: 


sroberts on PROD1PC70 with BILLS
70 

•HR 5122 RH 

1 (A) The cost-effectiveness of using contrac2 tors rather than Department of Defense employ3 ees to perform security-guard functions. 

4 (B) The performance of contractors em5 ployed as security guards compared with the 

6 performance of military personnel who have 

7 served as security guards. 

8 (C) Specific results of on-site visits made by 

9 officials designated by the Secretary of Defense to 

10 military installations using contractors to per11 form security-guard functions. 

12 (c) CONTRACT LIMITATION.—No contract may be en13 tered into under section 332 of the Bob Stump National 

14 Defense Authorization Act for Fiscal Year 2003 (Public 

15 Law 107–314) after September 30, 2007, until the report 

16 required under subsection (b) is submitted. 

17 Subtitle D—Reports 

18 SEC. 331. REPORT ON NUCLEAR ATTACK SUBMARINE 

19 DEPOT MAINTENANCE. 

20 (a) REPORT REQUIRED.—Not later than February 1, 

21 2007, the Secretary of the Navy shall submit to the Com22 mittee on Armed Services of the Senate and the Committee 

23 on Armed Services of the House of Representatives a report 

24 describing the criteria used when a nuclear attack sub25 marine is sent to a facility other than a facility located 


sroberts on PROD1PC70 with BILLS
71 

•HR 5122 RH 

1 within 200 miles of the homeport of the submarine for 

2 maintenance described in subsection (d) when there is a 

3 public or private facility located within 200 miles of the 

4 homeport at which the maintenance required could be con5 ducted. 

6 (b) CONTENTS OF REPORT.—The report required 

7 under subsection (a) shall include the following: 

8 (1) An assessment of the cost of housing for the 

9 crew of the submarine. 

10 (2) The costs associated with traveling to the 

11 homeport of the submarine for official duty. 

12 (3) The treatment of crew time while the sub13 marine is undergoing nondeployed maintenance work 

14 away from the homeport. 

15 (4) An assessment of the effect that maintenance 

16 conducted away from the homeport of a submarine 

17 has on the families of the members stationed on that 

18 submarine. 

19 (5) An analysis of the retention of officers and 

20 enlisted members stationed on the submarine. 

21 (6) An analysis of the use of fixed maintenance 

22 crews or semi-permanent engineering crews for main23 tenance availabilities that exceed 13 months. 

24 (c) RESTRICTIONON MAINTENANCE AWAY FROM

25 HOMEPORT.— 


sroberts on PROD1PC70 with BILLS
72 

•HR 5122 RH 

1 (1) RESTRICTION.—During fiscal year 2007, the 

2 Secretary of the Navy may not conduct maintenance 

3 described in subsection (d) on a nuclear attack sub4 marine at a facility other than a facility located 

5 within 200 miles of the homeport of that submarine 

6 if there is a public or private facility located within 

7 200 miles of the homeport at which the maintenance 

8 required could be conducted without adversely affect9 ing operational deployment schedules. 

10 (2) NOTIFICATIONREQUIRED.—Not later than 

11 five days before maintenance restricted under para12 graph (1) is conducted due to operation deployment 

13 schedules, the Secretary of the Navy shall provide to 

14 the congressional defense committees written notice of 

15 the maintenance that is to be conducted and the jus16 tification for conducting that maintenance. 

17 (d) COVERED MAINTENANCE.—Maintenance described 

18 in this subsection is any of the following: 

19 (1) Maintenance referred to as selected restricted 

20 availability maintenance. 

21 (2) Maintenance referred to as preinactivation 

22 restricted availability maintenance. 

23 (3) Maintenance referred to as extended selected 

24 restricted availability maintenance. 


sroberts on PROD1PC70 with BILLS
73 

•HR 5122 RH 

1 (4) Maintenance referred to as interim dry dock 

2 availabilities. 

3 SEC. 332. REPORT ON NAVY FLEET RESPONSE PLAN. 

4 (a) REPORT REQUIRED.—Not later than December 1, 

5 2006, the Secretary of the Navy shall submit to the Com6 mittee on Armed Services of the Senate and the Committee 

7 on Armed Services of the House of Representatives a report 

8 on the program of the Navy referred to as the Fleet Response 

9 Plan. The report shall include the following: 

10 (1) A directive that provides guidance for the 

11 conduct of the Plan and standardizes terms and defi12 nitions. 

13 (2) Performance measures for evaluation of the 

14 Plan. 

15 (3) Costs and resources needed to achieve objec16 tives of the Plan. 

17 (4) Operational tests, exercises, war games, ex18 periments, and deployments used to test performance. 

19 (5) A collection and synthesis of lessons learned 

20 from the implementation of the Plan as of the date 

21 on which the report is submitted. 

22 (6) Evaluation of each of the following with re23 spect to each ship participating in the Plan: 

24 (A) Combat Readiness. 

25 (B) Ship material condition. 


sroberts on PROD1PC70 with BILLS
74 

•HR 5122 RH 

1 (C) Number of maintenance deficiencies. 

2 (D) Amount of maintenance accomplished 

3 while underway. 

4 (E) Amount of maintenance accomplished 

5 at pier dockings. 

6 (F) Number of voyage repairs during each 

7 deployment. 

8 (G) Combat skills training requirements ac9 complished during a deployment and at the 

10 home station. 

11 (H) Professional development training re12 quirements accomplished during a deployment 

13 and at home station. 

14 (I) Crew retention statistics. 

15 (7) Any proposed changes to the Surface Force 

16 Training Manual. 

17 (8) The amount of funding required to effectively 

18 implement the operations and maintenance require19 ments of the Plan and the effect of providing funding 

20 in an amount less than that amount. 

21 (9) Any recommendations of the Secretary of the 

22 Navy with respect to expanding the Plan to include 

23 Expeditionary Strike Groups. 

24 (b) COMPTROLLER GENERAL REPORT.—Not later than 

25 March 15, 2007, the Comptroller General shall submit to 


sroberts on PROD1PC70 with BILLS
75 

•HR 5122 RH 

1 the congressional defense committees a report containing a 

2 review of the Navy report required under subsection (a). 

3 The report shall include the following: 

4 (1) An examination of the management ap5 proaches of the Navy in implementing the Fleet Re6 sponse Plan. 

7 (2) An assessment of the adequacy of Navy direc8 tives and guidance with respect to maintenance and 

9 training requirements and procedures. 

10 (3) An analysis and assessment of the adequacy 

11 of the Navy’s test, exercises, and evaluation criteria. 

12 (4) An evaluation of Navy data on aircraft car13 riers, destroyers, and cruisers that participated in the 

14 Fleet Response Plan with respect to readiness, re15 sponse time, and availability for routine or unfore16 seen deployments. 

17 (5) An assessment of the Navy’s progress in iden18 tifying the amount of funding required to effectively 

19 implement the operations and maintenance require20 ments of the Fleet Response Plan and the effect of 

21 providing funding in an amount less than that 

22 amount. 

23 (6) Any recommendations of the Comptroller 

24 General with respect to expanding the Fleet Response 

25 Plan to include Expeditionary Strike Groups. 


sroberts on PROD1PC70 with BILLS
76 

•HR 5122 RH 

1 (c) POSTPONEMENT OF EXPANSION.—The Secretary of 

2 the Navy may not expand the implementation of the Fleet 

3 Response Plan beyond the Carrier Strike Groups until Oc4 tober 1, 2007. 

5 SEC. 333. REPORT ON NAVY SURFACE SHIP ROTATIONAL 

6 CREW PROGRAMS. 

7 (a) REPORT REQUIRED.—Not later than April 1, 

8 2007, the Secretary of the Navy shall submit to the Com9 mittee on Armed Services of the Senate and the Committee 

10 on Armed Services of the House of Representatives a report 

11 on the ship rotational crew experiment referred to in sub12 section (c)(1). The report shall include the following: 

13 (1) A comparison between the three destroyers 

14 participating in that experiment and destroyers not 

15 participating in the experiment that takes into con16 sideration each of the following: 

17 (A) Cost-effectiveness, including a compari18 son of travel and per diem expenses, mainte19 nance costs, and other costs. 

20 (B) Maintenance procedures, impacts, and 

21 deficiencies, including the number and character22 ization of maintenance deficiencies, the extent of 

23 voyage repairs, post-deployment assessments of 

24 the material condition of the ships, and the ex25 tent to which work levels were maintained. 


sroberts on PROD1PC70 with BILLS
77 

•HR 5122 RH 

1 (C) Mission training requirements. 

2 (D) Professional development requirements 

3 and opportunities. 

4 (E) Liberty port of call opportunities. 

5 (F) Movement and transportation of crew. 

6 (G) Inventory and property accountability. 

7 (H) Policies and procedures for assigning 

8 billets for rotating crews. 

9 (I) Crew retention statistics. 

10 (J) Readiness and mission capability data. 

11 (2) Results from surveys administered or focus 

12 groups held to obtain representative views from com13 manding officers, officers, and enlisted members on 

14 the effects of rotational crew experiments on quality 

15 of life, training, professional development, mainte16 nance, mission effectiveness, and other issues. 

17 (3) The extent to which standard policies and 

18 procedures were developed and used for participating 

19 ships. 

20 (4) Lessons learned from the destroyer experi21 ment. 

22 (5) An assessment from the combatant com23 manders on the crew mission performance when de24 ployed. 


sroberts on PROD1PC70 with BILLS
78 

•HR 5122 RH 

1 (6) An assessment from the commander of the 

2 Fleet Forces Command on the material condition, 

3 maintenance, and crew training of each participating 

4 ship. 

5 (7) Any recommendations of the Secretary of the 

6 Navy with respect to the extension of the ship rota7 tional crew experiment or the implementation of the 

8 experiment for other surface vessels. 

9 (b) POSTPONEMENT OF IMPLEMENTATION.—The Sec10 retary of the Navy may not begin implementation of any 

11 new surface ship rotational crew experiment or program 

12 during the period beginning on the date of the enactment 

13 of this Act and ending on October 1, 2009. 

14 (c) TREATMENT OF EXISTING EXPERIMENTS.— 

15 (1) DESTROYER EXPERIMENT.—Not later than 

16 January 1, 2007, the Secretary of the Navy shall ter17 minate the existing ship rotational crew experiment 

18 involving the U.S.S. Gonzalez (DDG–66), the U.S.S. 

19 Stout (DDG–55), and the U.S.S. Laboon (DDG–58) 

20 that is known as the ‘‘sea swap’’. 

21 (2) PATROL COASTAL CLASS SHIP EXPERI22 MENT.—The Secretary of the Navy may continue the 

23 existing ship rotational crew program that is cur24 rently in use by overseas-based Patrol Coastal class 

25 ships. 


sroberts on PROD1PC70 with BILLS
79 

•HR 5122 RH 

1 (d) COMPTROLLER GENERAL REPORT.—Not later than 

2 July 15, 2007, the Comptroller General shall submit to the 

3 Committee on Armed Services of the Senate and the Com4 mittee on Armed Services of the House of Representatives 

5 a report on the ship rotational crew experiment referred to 

6 in subsection (c)(1). The report shall include the following: 

7 (1) A review of the report submitted by the Sec8 retary of the Navy under subsection (a) and an as9 sessment of the extent to which the Secretary fully ad10 dressed costs, quality of life, training, maintenance, 

11 and mission effectiveness, and other relevant issues in 

12 that report. 

13 (2) An assessment of the extent to which the Sec14 retary established and applied a comprehensive 

15 framework for assessing the use of ship rotational 

16 crew experiments, including formal objectives, 

17 metrics, and methodology for assessing the cost-effec18 tiveness of such experiments. 

19 (3) An assessment of the extent to which the Sec20 retary established effective guidance for the use of ship 

21 rotational crew experiments. 

22 (4) Lessons learned from recent ship rotational 

23 crew experiments and an assessment of the extent to 

24 which the Navy systematically collects and shares les25 sons learned. 


sroberts on PROD1PC70 with BILLS
80 

•HR 5122 RH 

1 (e) CONGRESSIONAL BUDGET OFFICE REPORT.—Not 

2 later than July 15, 2007, the Director of the Congressional 

3 Budget Office shall submit a report to the Committee on 

4 Armed Services of the Senate and the Committee on Armed 

5 Services of the House of Representatives on the long-term 

6 implications of the use of crew rotation on Navy ships on 

7 the degree of forward presence provided by Navy ships. The 

8 report shall include the following: 

9 (1) An analysis of different approaches to crew 

10 rotation and the degree of forward presence each ap11 proach would provide. 

12 (2) A comparison of the degree of forward pres13 ence provided by the fleet under the long-term ship14 building plan of the Navy with and without the wide15 spread use of crew rotation. 

16 (3) The long-term benefits and costs of using 

17 crew rotation on Navy ships. 

18 SEC. 334. REPORT ON ARMY LIVE-FIRE RANGES IN HAWAII. 

19 Not later than March 1, 2007, the Secretary of the 

20 Army shall submit to Congress a report on the adequacy 

21 of the live-fire ranges of the Army in the State of Hawaii 

22 with respect to current and future training requirements. 

23 The report shall include the following: 

24 (1) An evaluation of the capacity of the existing 

25 live-fire ranges to meet the training requirements of 


sroberts on PROD1PC70 with BILLS
81 

•HR 5122 RH 

1 the Army, including the training requirements of 

2 Stryker Brigade Combat Teams. 

3 (2) A description of any existing plan to modify 

4 or expand any range in Hawaii for the purpose of 

5 meeting anticipated live-fire training requirements. 

6 (3) A description of the current live-fire restric7 tions at the Makua Valley range and the effect of these 

8 restrictions on unit readiness. 

9 (4) Cost and schedule estimates for the construc10 tion of new ranges or the modification of existing 

11 ranges that are necessary to support future training 

12 requirements if existing restrictions on training at the 

13 Makua Valley range remain in place. 

14 SEC. 335. COMPTROLLER GENERAL REPORT ON JOINT 

15 STANDARDS AND PROTOCOLS FOR ACCESS 

16 CONTROL SYSTEMS AT DEPARTMENT OF DE17 FENSE INSTALLATIONS. 

18 (a) REPORT REQUIRED.—Not later than one year 

19 after the date of the enactment of this Act, the Comptroller 

20 General shall submit to the Committee on Armed Services 

21 of the Senate and the Committee on Armed Services of the 

22 House of Representatives a report containing the assessment 

23 of the Comptroller General of— 


sroberts on PROD1PC70 with BILLS
82 

•HR 5122 RH 

1 (1) the extent to which consistency exists in 

2 standards, protocols, and procedures for access control 

3 across installations of the Department of Defense; and 

4 (2) whether the establishment of joint standards 

5 and protocols for access control at such installations 

6 would be likely to— 

7 (A) address any need of the Department 

8 identified by the Comptroller General; or 

9 (B) improve access control across the instal10 lations by providing greater consistency and im11 proved force protection. 

12 (b) ISSUES TO BE ASSESSED.—In conducting the as13 sessment required by subsection (a), the Comptroller Gen14 eral shall assess the extent to which each installation of the 

15 Department of Defense has or would benefit from having 

16 an access control system with the ability to— 

17 (1) electronically check any identification card 

18 issued by any Federal agency or any State or local 

19 government within the United States, including any 

20 identification card of a visitor to the installation who 

21 is a citizen or legal resident of the United States; 

22 (2) verify that an identification card used to ob23 tain access to the installation was legitimately issued 

24 and has not been reported lost or stolen; 


sroberts on PROD1PC70 with BILLS
83 

•HR 5122 RH 

1 (3) check on a real-time basis all relevant watch 

2 lists maintained by the Government, including ter3 rorist watch lists and lists of persons wanted by 

4 State, local, or Federal law enforcement authorities; 

5 (4) maintain a log of individuals seeking access 

6 to the installation and of individuals who are denied 

7 access to the installation; and 

8 (5) exchange information with any installation 

9 with a system that complies with the joint standards 

10 and protocols. 

11 SEC. 336. REPORT ON PERSONNEL SECURITY INVESTIGA12 TIONS FOR INDUSTRY AND NATIONAL INDUS13 TRIAL SECURITY PROGRAM. 

14 (a) REPORTS REQUIRED.—Not later than 90 days 

15 after the date of the enactment of this Act and every six 

16 months thereafter, the Secretary of Defense shall submit to 

17 the congressional defense committees, the Committee on 

18 Homeland Security and Governmental Affairs of the Sen19 ate, and the Committee on Government Reform of the House 

20 of Representatives, a report on the future requirements of 

21 the Department of Defense with respect to the Personnel Se22 curity Investigations for Industry and the National Indus23 trial Security Program of the Defense Security Service. 

24 (b) CONTENTS OF REPORTS.— 


sroberts on PROD1PC70 with BILLS
84 

•HR 5122 RH 

1 (1) INITIAL REPORT.—The initial report re2 quired under subsection (a) shall include each of the 

3 following: 

4 (A) The number of personnel security clear5 ance investigations conducted during the period 

6 beginning on October 1, 1999, and ending on 

7 September 30, 2006. 

8 (B) The number of each type of security 

9 clearance granted during that period. 

10 (C) The unit cost to the Department of De11 fense of each security clearance granted during 

12 that period. 

13 (D) The amount of any fee or surcharge 

14 paid to the Office of Personnel Management as 

15 a result of conducting a personnel security clear16 ance investigation. 

17 (E) A description of the procedures used by 

18 the Secretary of Defense to estimate the number 

19 of personnel security clearance investigations to 

20 be conducted during a fiscal year. 

21 (F) A description of any effect of delays and 

22 backlogs in the personnel security clearance in23 vestigation process on the national security of 

24 the United States. 


sroberts on PROD1PC70 with BILLS
85 

•HR 5122 RH 

1 (G) A description of any effect of delays 

2 and backlogs in the personnel security clearance 

3 investigation process on the defense industrial 

4 base assets of the United States. 

5 (H) A plan developed by the Secretary of 

6 Defense to reduce such delays and backlogs. 

7 (I) A plan developed by the Secretary of De8 fense to adequately fund the personnel security 

9 clearance investigation process. 

10 (J) A plan developed by the Secretary of 

11 Defense to establish a more stable and effective 

12 Personnel Security Investigations Program. 

13 (K) A plan developed by the Secretary of 

14 Defense to involve external sources, including de15 fense contractors, in the plans of the Secretary of 

16 Defense under subparagraphs (H), (I), and (J). 

17 (2) SUBSEQUENT REPORTS.—Each report re18 quired to be submitted under subsection (a) after the 

19 submission of the initial report shall include each of 

20 the following: 

21 (A) The funding requirements of the per22 sonnel security clearance investigation program 

23 and ability of the Secretary of Defense to fund 

24 the program. 


sroberts on PROD1PC70 with BILLS
86 

•HR 5122 RH 

1 (B) The size of the personnel security clear2 ance investigation process backlog. 

3 (C) The length of the average delay for an 

4 individual case pending in the personnel security 

5 clearance investigation process. 

6 (D) Any progress made by the Secretary of 

7 Defense during the six months preceding the date 

8 on which the report is submitted toward imple9 menting planned changes in the personnel secu10 rity clearance investigation process. 

11 (E) A determination certified by the Sec12 retary of Defense of whether the personnel secu13 rity clearance investigation process has improved 

14 during the six months preceding the date on 

15 which the report is submitted. 

16 (c) COMPTROLLER GENERAL REPORT.—As soon as 

17 practicable after the Secretary of Defense submits the initial 

18 report required under subsection (a), the Comptroller Gen19 eral shall submit a report to Congress that contains a re20 view of such initial report. 

21 (d) SENSE OF CONGRESS ON IMPROVING THE PER22 SONNEL SECURITY INVESTIGATIONS PROGRAM.— 

23 (1) FINDINGS.—Congress finds the following: 

24 (A) Since fiscal year 2000, the General Ac25 countability Office has listed the Personnel SecuVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
87 

•HR 5122 RH 

1 rity Investigations Program of the Department 

2 of Defense as a systemic weakness that affects 

3 more than one component of the Department and 

4 may jeopardize the operations of the Depart5 ment. 

6 (B) In 2005, the Government Accountability 

7 Office designated the Personnel Security Inves8 tigations Program as a high-risk area because 

9 delays by the Program in issuing security clear10 ances can affect national security. 

11 (C) In 2005, the Government Accountability 

12 Office found that the Department of Defense con13 tinues to face sizeable security clearance back14 logs. 

15 (D) The Government Accountability Office 

16 also reported in 2005 that security clearance 

17 delays increase national security risks, delay the 

18 start of classified work, hamper employers from 

19 hiring the best qualified workers, and increase 

20 the cost to the Government of national security21 related contracts. 

22 (E) These security clearance backlogs and 

23 delays continue in 2006, and have brought the 

24 security clearance program to a reported stand25 still. 


sroberts on PROD1PC70 with BILLS
88 

•HR 5122 RH 

1 (2) SENSE OF CONGRESS.—It is the sense of 

2 Congress that— 

3 (A) the delays and backlogs associated with 

4 the Personnel Security Investigations Program 

5 threaten the national security of the United 

6 States and key defense industrial assets; and 

7 (B) the Secretary of Defense should take 

8 such steps as are necessary to eliminate the back9 logs of applications for security clearance and 

10 the delays associated with the security clearance 

11 application process and make systemic improve12 ments to the Personnel Security Investigations 

13 Program. 

14 Subtitle E—Other Matters 

15 SEC. 341. DEPARTMENT OF DEFENSE STRATEGIC POLICY 

16 ON PREPOSITIONING OF MATERIEL AND 

17 EQUIPMENT. 

18 (a) STRATEGIC POLICY REQUIRED.—Chapter 131 of 

19 title 10, United States Code, is amended by adding at the 

20 end the following new section: 

21 ‘‘§ 2229. Strategic policy on prepositioning of materiel 

22 and equipment 

23 ‘‘(a) POLICY REQUIRED.—The Secretary of Defense 

24 shall maintain a strategic policy on the programs of the 

25 Department of Defense for the prepositioning of materiel 


sroberts on PROD1PC70 with BILLS
89 

•HR 5122 RH 

1 and equipment. Such policy shall take into account na2 tional security threats, strategic mobility, and service re3 quirements. 

4 ‘‘(b) LIMITATIONOF DIVERSIONOF PREPOSITIONED

5 MATERIEL.—The Secretary of a military department may 

6 not divert materiel or equipment from prepositioned stocks 

7 except— 

8 ‘‘(1) in accordance with a change made by the 

9 Secretary of Defense to the policy maintained under 

10 subsection (a); or 

11 ‘‘(2) for the purpose of supporting a contingency 

12 operation. 

13 ‘‘(c) CONGRESSIONAL NOTIFICATION.—The Secretary 

14 of Defense may not implement or change the policy required 

15 under subsection (a) until the Secretary submits to the con16 gressional defense committees a report describing the policy 

17 or change to the policy.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections at 

19 the beginning of such chapter is amended by adding at the 

20 end the following new item: 

‘‘2229. Strategic policy on prepositioning of materiel and equipment.’’. 

21 (c) DEADLINE FOR ESTABLISHMENT OF POLICY.— 

22 (1) DEADLINE.—Not later than six months after 

23 the date of the enactment of this Act, the Secretary of 

24 Defense shall establish the strategic policy on the pro25 grams of the Department of Defense for the 


sroberts on PROD1PC70 with BILLS
90 

•HR 5122 RH 

1 prepositioning of materiel and equipment required 

2 under section 2229 of title 10, United States Code, as 

3 added by subsection (a). 

4 (2) LIMITATIONONDIVERSIONOF

5 PREPOSITIONED MATERIEL.—During the period be6 ginning on the date of the enactment of this Act and 

7 ending on the date on which the Secretary of Defense 

8 submits the report required under section 2229(c) of 

9 title 10, United States Code, on the policy established 

10 under paragraph (1), the Secretary of a military de11 partment may not divert materiel or equipment from 

12 prepositioned stocks except for the purpose of sup13 porting a contingency operation. 

14 SEC. 342. AUTHORITY TO MAKE DEPARTMENT OF DEFENSE 

15 HORSES AVAILABLE FOR ADOPTION AT END 

16 OF USEFUL WORKING LIFE. 

17 (a) INCLUSION OF DEPARTMENT OF DEFENSE HORSES

18 IN EXISTING AUTHORITY.—Section 2583 of title 10, United 

19 States Code, is amended— 

20 (1) in the section heading, by striking ‘‘work21 ing dogs’’ and inserting ‘‘animals’’; 

22 (2) by striking ‘‘working’’ each place it appears; 

23 (3) by striking ‘‘dog’’ and ‘‘dogs’’ each place they 

24 appear and inserting ‘‘animal’’ and ‘‘animals’’, re25 spectively; 


sroberts on PROD1PC70 with BILLS
91 

•HR 5122 RH 

1 (4) by striking ‘‘dog’s’’ in paragraphs (1) and 

2 (2) of subsection (a) and inserting ‘‘animal’s’’; 

3 (5) by striking ‘‘a dog’s adoptability’’ in sub4 section (b) and inserting ‘‘the adoptability of the ani5 mal’’; and 

6 (6) by adding at the end the following new sub7 section: 

8 ‘‘(g) MILITARY ANIMAL DEFINED.—In this section, the 

9 term ‘military animal’ means the following: 

10 ‘‘(1) A military working dog. 

11 ‘‘(2) A horse owned by the Department of De12 fense.’’. 

13 (b) CLERICAL AMENDMENT.—The item relating to 

14 such section in the table of sections at the beginning of chap15 ter 153 of such title is amended to read as follows: 

‘‘2583. Military animals: transfer and adoption at end of useful working life.’’. 

16 SEC. 343. SALE AND USE OF PROCEEDS OF RECYCLABLE 

17 MUNITIONS MATERIALS. 

18 (a) ESTABLISHMENT OF PROGRAM.—Chapter 443 of 

19 title 10, United States Code, is amended by adding at the 

20 end the following new section: 

21 ‘‘§ 4690. Recyclable munitions materials: sale; use of 

22 proceeds 

23 ‘‘(a) AUTHORITY FOR PROGRAM.—Notwithstanding 

24 section 2577 of this title, the Secretary of the Army may 

25 carry out a program to sell recyclable munitions materials 


sroberts on PROD1PC70 with BILLS
92 

•HR 5122 RH 

1 resulting from the demilitarization of conventional military 

2 munitions without regard to chapter 5 of title 40 and use 

3 any proceeds in accordance with subsection (c). 

4 ‘‘(b) METHOD OF SALE.—The Secretary shall use com5 petitive procedures to sell recyclable munitions materials 

6 under this section in accordance with Federal procurement 

7 laws and regulations. 

8 ‘‘(c) PROCEEDS.—(1) Proceeds from the sale of recycla9 ble munitions materials under this section shall be credited 

10 to an account that is specified as being for Army ammuni11 tion demilitarization from funds made available for the 

12 procurement of ammunition, to be available only for rec13 lamation, recycling, and reuse of conventional military mu14 nitions (including research and development and equipment 

15 purchased for such purpose). 

16 ‘‘(2) Amounts credited under this subsection shall be 

17 available for obligation for the fiscal year during which the 

18 funds are so credited and for three subsequent fiscal years. 

19 ‘‘(d) REGULATIONS.—The Secretary shall prescribe 

20 regulations to carry out the program established under this 

21 section. Such regulations shall be consistent and in compli22 ance with the Solid Waste Disposal Act (42 U.S.C. 6901 

23 et seq.) and the regulations implementing that Act.’’. 


sroberts on PROD1PC70 with BILLS
93 

•HR 5122 RH 

1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by adding at the 

3 end the following new item: 

‘‘4690. Recyclable munitions materials: sale; use of proceeds.’’. 

4 SEC. 344. CAPITAL SECURITY COST SHARING. 

5 (a) RECONCILIATION REQUIRED.—For each fiscal 

6 year, the Secretary of Defense shall reconcile (1) the esti7 mate of overseas presence of the Secretary of Defense under 

8 subsection (b) for that fiscal year, with (2) the determina9 tion of the Secretary of State under section 604(e)(1) of the 

10 Secure Embassy Construction and Counterterrorism Act of 

11 1999 (22 U.S.C. 4865 note) of the total overseas presence 

12 of the Department of Defense for that fiscal year. 

13 (b) ANNUAL ESTIMATE OF OVERSEAS PRESENCE.— 

14 Not later than February 1 of each year, the Secretary of 

15 Defense shall submit to the congressional defense committees 

16 an estimate of the total number of Department of Defense 

17 overseas personnel subject to chief of mission authority pur18 suant to section 207 of the Foreign Service Act of 1980 (22 

19 U.S.C. 3927) during the fiscal year that begins on October 

20 1 of that year. 


sroberts on PROD1PC70 with BILLS
94 

•HR 5122 RH 

1 SEC. 345. PRIORITIZATION OF FUNDS WITHIN NAVY MIS2 SION OPERATIONS, SHIP MAINTENANCE, 

3 COMBAT SUPPORT FORCES, AND WEAPONS 

4 SYSTEM SUPPORT. 

5 (a) IN GENERAL.—The Secretary of the Navy shall 

6 take such steps as necessary through the planning, program7 ming, budgeting, and execution systems of the Department 

8 of the Navy to ensure that financial resources are provided 

9 for each fiscal year as necessary to enable the Navy to fund 

10 the following requirements of the Navy for that fiscal year: 

11 (1) 100 percent of the requirements for steaming 

12 days per quarter for deployed ship operations. 

13 (2) 100 percent of the requirements for steaming 

14 days per quarter for non-deployed ship operations. 

15 (3) 100 percent of the projected ship and air 

16 depot maintenance. 

17 (b) LIMITATIONOF FUNDS FOR NAVY EXPEDITIONARY

18 COMBAT COMMAND.—Of the funds appropriated for the De19 partment of Navy for any fiscal year after fiscal year 2006, 

20 no operation and maintenance funds may be expended for 

21 the Navy Expeditionary Combat Command until the fund22 ing priorities in subsection (a) are met for that fiscal year. 

23 (c) ANNUAL REPORT.—The Secretary of Navy shall 

24 submit to the congressional defense committees an annual 

25 report, to be submitted each year with the annual operation 

26 and maintenance justification of estimates material for the 


sroberts on PROD1PC70 with BILLS
95 

•HR 5122 RH 

1 next fiscal year, that certifies that the requirements in sub2 section (a) are satisfied for the fiscal year for which that 

3 material is submitted. 

4 SEC. 346. PRIORITIZATION OF FUNDS WITHIN ARMY RECON5 STITUTION AND TRANSFORMATION. 

6 (a) IN GENERAL.—The Secretary of the Army shall 

7 take such steps as necessary through the planning, program8 ming, budgeting, and execution systems of the Department 

9 of the Army to ensure that financial resources are provided 

10 for each fiscal year as necessary to enable the Army to meet 

11 its requirements in that fiscal year for each of the following: 

12 (1) The repair, recapitalization, and replacement 

13 of equipment used in the Global War on Terrorism, 

14 based on implementation of requirements based on a 

15 cost estimate for such purposes of at least 

16 $72,300,000,000 over the period of the five fiscal years 

17 beginning with fiscal year 2008. 

18 (2) The fulfillment of equipment requirements of 

19 units transforming to modularity in accordance with 

20 the Modular Force Initiative report submitted to Con21 gress in March 2006, based on implementation of re22 quirements based on a cost estimate for such purposes 

23 of $47,600,000,000 over the period of the five fiscal 

24 years beginning with fiscal year 2008. 


sroberts on PROD1PC70 with BILLS
96 

•HR 5122 RH 

1 (3) The reconstitution of equipment and materiel 

2 in prepositioned stocks by 2012 in accordance with 

3 requirements under the Army Prepositioned Stocks 

4 Strategy 2012 or a subsequent strategy implemented 

5 under the guidelines in section 2229 of title 10, 

6 United States Code. 

7 (b) ANNUAL REPORT.—The Secretary of the Army 

8 shall submit to the congressional defense committees an an9 nual report, until the requirements of subsection (a) have 

10 been met, setting forth the progress toward meeting those 

11 requirements. Any information required to be included in 

12 the report concerning funding priorities under paragraph 

13 (1) or (2) of subsection (a) shall be itemized by active duty 

14 component and reserve component. The report for any year 

15 shall be submitted at the time the budget of the President 

16 for the next fiscal year is submitted to Congress. Each such 

17 report shall include the following: 

18 (1) A complete itemization of the requirements 

19 for the funding priorities in subsection (a), including 

20 an itemization for all types of modular brigades for 

21 both active and reserve components. 

22 (2) A list of any shortfalls that exist between 

23 available funding, equipment, supplies, and indus24 trial capacity and required funding, equipment, supVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
97 

•HR 5122 RH 

1 plies, and industrial capacity in accordance with the 

2 funding priorities in subsection (a). 

3 (3) A list of the requirements for the funding 

4 priorities in subsection (a) that the Army has in5 cluded in the budget for that fiscal year, including a 

6 detailed listing of the type, quantity, and cost of the 

7 equipment the Army plans to repair, recapitalize, or 

8 procure, set forth by appropriations account and 

9 Army component. 

10 (4) An assessment of the progress made during 

11 that fiscal year toward meeting the overall require12 ments of the funding priorities in subsection (a). 

13 (5) A description of how the Army defines costs 

14 associated with modularity versus the costs associated 

15 with modernizing equipment platforms and repair16 ing, recapitalizing, and replacing equipment used 

17 during the global war on terrorism. 

18 (6) The results of Army assessments of modular 

19 force capabilities, including lessons learned from ex20 isting modular units and any modifications that have 

21 been made to modularity. 

22 (7) The assessment of each of the Chief of the Na23 tional Guard Bureau and the Chief of the Army Re24 serve of each of the items described in paragraphs (1) 

25 through (6). 


sroberts on PROD1PC70 with BILLS
98 

•HR 5122 RH 

1 (c) LIMITATIONON FUNDS FOR FUTURE COMBAT SYS2 TEMS.—Of the funds appropriated for the Army for any 

3 fiscal year after fiscal year 2007, not more than 

4 $2,850,000,000 may be expended for the Future Combat 

5 Systems until the funding priorities in subsection (a) are 

6 met for that fiscal year. 

7 (d) USE OF EXCESS FUNDS FOR FUTURE COMBAT

8 SYSTEMS.—Any funds appropriated for the Future Combat 

9 Systems for any fiscal year not expended in accordance 

10 with subsection (c) shall be used for programs specified in 

11 subsection (a). 

12 TITLE IV—MILITARY PERSONNEL 

13 AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

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

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

duty end strengths for fiscal years 2008 and 2009. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

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

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. 


sroberts on PROD1PC70 with BILLS
99 

•HR 5122 RH 

1 Subtitle A—Active Forces 

2 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

3 (a) IN GENERAL.—The Armed Forces are authorized 

4 strengths for active duty personnel as of September 30, 

5 2007, as follows: 

6 (1) The Army, 512,400. 

7 (2) The Navy, 340,700. 

8 (3) The Marine Corps, 180,000. 

9 (4) The Air Force, 334,200. 

10 (b) LIMITATION.— 

11 (1) ARMY.—The authorized strength for the 

12 Army provided in paragraph (1) of subsection (a) for 

13 active duty personnel for fiscal year 2007 is subject 

14 to the condition that costs of active duty personnel of 

15 the Army for that fiscal year in excess of 482,400 

16 shall be paid out of funds authorized to be appro17 priated for that fiscal year for a contingent emer18 gency reserve fund or as an emergency supplemental 

19 appropriation. 

20 (2) MARINE CORPS.—The authorized strength for 

21 the Marine Corps provided in paragraph (3) of sub22 section (a) for active duty personnel for fiscal year 

23 2007 is subject to the condition that costs of active 

24 duty personnel of the Marine Corps for that fiscal 

25 year in excess of 175,000 shall be paid out of funds 


sroberts on PROD1PC70 with BILLS
100 

•HR 5122 RH 

1 authorized to be appropriated for that fiscal year for 

2 a contingent emergency reserve fund or as an emer3 gency supplemental appropriation. 

4 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

5 STRENGTH MINIMUM LEVELS. 

6 Section 691(b) of title 10, United States Code, is 

7 amended by striking paragraphs (1) through (4) and insert8 ing the following: 

9 ‘‘(1) For the Army, 504,400. 

10 ‘‘(2) For the Navy, 340,700. 

11 ‘‘(3) For the Marine Corps, 180,000. 

12 ‘‘(4) For the Air Force, 334,200.’’. 

13 SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF 

14 ARMY AND MARINE CORPS ACTIVE DUTY END 

15 STRENGTHS FOR FISCAL YEARS 2008 AND 

16 2009. 

17 Effective October 1, 2007, the text of section 403 of the 

18 Ronald W. Reagan National Defense Authorization Act for 

19 Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1863) 

20 is amended to read as follows: 

21 ‘‘(a) AUTHORITY.— 

22 ‘‘(1) ARMY.—For each of fiscal years 2008 and 

23 2009, the Secretary of Defense may, as the Secretary 

24 determines necessary for the purposes specified in 

25 paragraph (3), establish the active-duty end strength 


sroberts on PROD1PC70 with BILLS
101 

•HR 5122 RH 

1 for the Army at a number greater than the number 

2 otherwise authorized by law up to the number equal 

3 to the fiscal-year 2007 baseline plus 20,000. 

4 ‘‘(2) MARINE CORPS.—For each of fiscal years 

5 2008 and 2009, the Secretary of Defense may, as the 

6 Secretary determines necessary for the purposes speci7 fied in paragraph (3), establish the active-duty end 

8 strength for the Marine Corps at a number greater 

9 than the number otherwise authorized by law up to 

10 the number equal to the fiscal-year 2007 baseline plus 

11 4,000. 

12 ‘‘(3) PURPOSE OF INCREASES.—The purposes for 

13 which increases may be made in Army and Marine 

14 Corps active duty end strengths under paragraphs (1) 

15 and (2) are— 

16 ‘‘(A) to support operational missions; and 

17 ‘‘(B) to achieve transformational reorga18 nization objectives, including objectives for in19 creased numbers of combat brigades and battal20 ions, increased unit manning, force stabilization 

21 and shaping, and rebalancing of the active and 

22 reserve component forces. 

23 ‘‘(4) FISCAL-YEAR 2007 BASELINE.—In this sub24 section, the term ‘fiscal-year 2007 baseline’, with re25 spect to the Army and Marine Corps, means the acVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
102 

•HR 5122 RH 

1 tive-duty end strength authorized for those services in 

2 section 401 of the National Defense Authorization Act 

3 for Fiscal Year 2007. 

4 ‘‘(5) ACTIVE-DUTY END STRENGTH.—In this sub5 section, the term ‘active-duty end strength’ means the 

6 strength for active-duty personnel of one of the Armed 

7 Forces as of the last day of a fiscal year. 

8 ‘‘(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU9 THORITY.—Nothing in this section shall be construed to 

10 limit the President’s authority under section 123a of title 

11 10, United States Code, to waive any statutory end strength 

12 in a time of war or national emergency. 

13 ‘‘(c) RELATIONSHIP TO OTHER VARIANCE AUTHOR14 ITY.—The authority under subsection (a) is in addition to 

15 the authority to vary authorized end strengths that is pro16 vided in subsections (e) and (f) of section 115 of title 10, 

17 United States Code. 

18 ‘‘(d) BUDGET TREATMENT.— 

19 ‘‘(1) FISCAL YEAR 2008 BUDGET.—The budget for 

20 the Department of Defense for fiscal year 2008 as sub21 mitted to Congress shall comply, with respect to fund22 ing, with subsections (c) and (d) of section 691 of title 

23 10, United States Code. 

24 ‘‘(2) OTHER INCREASES.—If the Secretary of De25 fense plans to increase the Army or Marine Corps acVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
103 

•HR 5122 RH 

1 tive duty end strength for a fiscal year under sub2 section (a), then the budget for the Department of De3 fense for that fiscal year as submitted to Congress 

4 shall include the amounts necessary for funding that 

5 active duty end strength in excess of the fiscal year 

6 2007 active duty end strength authorized for that 

7 service under section 401 of the National Defense Au8 thorization Act for Fiscal Year 2007.’’. 

9 Subtitle B—Reserve Forces 

10 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

11 (a) IN GENERAL.—The Armed Forces are authorized 

12 strengths for Selected Reserve personnel of the reserve com13 ponents as of September 30, 2007, as follows: 

14 (1) The Army National Guard of the United 

15 States, 350,000. 

16 (2) The Army Reserve, 200,000. 

17 (3) The Navy Reserve, 71,300. 

18 (4) The Marine Corps Reserve, 39,600. 

19 (5) The Air National Guard of the United 

20 States, 107,000. 

21 (6) The Air Force Reserve, 74,900. 

22 (7) The Coast Guard Reserve, 10,000. 

23 (b) ADJUSTMENTS.—The end strengths prescribed by 

24 subsection (a) for the Selected Reserve of any reserve compo25 nent shall be proportionately reduced by— 


sroberts on PROD1PC70 with BILLS
104 

•HR 5122 RH 

1 (1) the total authorized strength of units orga2 nized to serve as units of the Selected Reserve of such 

3 component which are on active duty (other than for 

4 training) at the end of the fiscal year; and 

5 (2) the total number of individual members not 

6 in units organized to serve as units of the Selected 

7 Reserve of such component who are on active duty 

8 (other than for training or for unsatisfactory partici9 pation in training) without their consent at the end 

10 of the fiscal year. 

11 Whenever such units or such individual members are re12 leased from active duty during any fiscal year, the end 

13 strength prescribed for such fiscal year for the Selected Re14 serve of such reserve component shall be increased propor15 tionately by the total authorized strengths of such units and 

16 by the total number of such individual members. 

17 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

18 DUTY IN SUPPORT OF THE RESERVE COMPO19 NENTS. 

20 Within the end strengths prescribed in section 411(a), 

21 the reserve components of the Armed Forces are authorized, 

22 as of September 30, 2007, the following number of Reserves 

23 to be serving on full-time active duty or full-time duty, in 

24 the case of members of the National Guard, for the purpose 


sroberts on PROD1PC70 with BILLS
105 

•HR 5122 RH 

1 of organizing, administering, recruiting, instructing, or 

2 training the reserve components: 

3 (1) The Army National Guard of the United 

4 States, 28,165. 

5 (2) The Army Reserve, 15,416. 

6 (3) The Navy Reserve, 12,564. 

7 (4) The Marine Corps Reserve, 2,261. 

8 (5) The Air National Guard of the United 

9 States, 13,291. 

10 (6) The Air Force Reserve, 2,707. 

11 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

12 (DUAL STATUS). 

13 The minimum number of military technicians (dual 

14 status) as of the last day of fiscal year 2007 for the reserve 

15 components of the Army and the Air Force (notwith16 standing section 129 of title 10, United States Code) shall 

17 be the following: 

18 (1) For the Army Reserve, 7,912. 

19 (2) For the Army National Guard of the United 

20 States, 27,615. 

21 (3) For the Air Force Reserve, 10,124. 

22 (4) For the Air National Guard of the United 

23 States, 23,255. 


sroberts on PROD1PC70 with BILLS
106 

•HR 5122 RH 

1 SEC. 414. FISCAL YEAR 2007 LIMITATION ON NUMBER OF 

2 NON-DUAL STATUS TECHNICIANS. 

3 (a) LIMITATIONS.— 

4 (1) NATIONAL GUARD.—Within the limitation 

5 provided in section 10217(c)(2) of title 10, United 

6 States Code, the number of non-dual status techni7 cians employed by the National Guard as of Sep8 tember 30, 2007, may not exceed the following: 

9 (A) For the Army National Guard of the 

10 United States, 1,600 

11 (B) For the Air National Guard of the 

12 United States, 350. 

13 (2) ARMY RESERVE.—The number of non-dual 

14 status technicians employed by the Army Reserve as 

15 of September 30, 2007, may not exceed 595. 

16 (3) AIR FORCE RESERVE.—The number of non17 dual status technicians employed by the Air Force 

18 Reserve as of September 30, 2007, may not exceed 90. 

19 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

20 this section, the term ‘‘non-dual status technician’’ has the 

21 meaning given that term in section 10217(a) of title 10, 

22 United States Code. 


sroberts on PROD1PC70 with BILLS
107 

•HR 5122 RH 

1 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU2 THORIZED TO BE ON ACTIVE DUTY FOR 

3 OPERATIONAL SUPPORT. 

4 During fiscal year 2007, the maximum number of 

5 members of the reserve components of the Armed Forces who 

6 may be serving at any time on full-time operational sup7 port duty under section 115(b) of title 10, United States 

8 Code, is the following: 

9 (1) The Army National Guard of the United 

10 States, 17,000. 

11 (2) The Army Reserve, 13,000. 

12 (3) The Navy Reserve, 6,200. 

13 (4) The Marine Corps Reserve, 3,000. 

14 (5) The Air National Guard of the United 

15 States, 16,000. 

16 (6) The Air Force Reserve, 14,000. 

17 Subtitle C—Authorization of 

18 Appropriations 

19 SEC. 421. MILITARY PERSONNEL. 

20 There is hereby authorized to be appropriated to the 

21 Department of Defense for military personnel for fiscal year 

22 2007 a total of $109,820,468,000. The authorization in the 

23 preceding sentence supersedes any other authorization of 

24 appropriations (definite or indefinite) for such purpose for 

25 fiscal year 2007. 


sroberts on PROD1PC70 with BILLS
108 

•HR 5122 RH 

1 SEC. 422. ARMED FORCES RETIREMENT HOME. 

2 There is hereby authorized to be appropriated for fiscal 

3 year 2007 from the Armed Forces Retirement Home Trust 

4 Fund the sum of $54,846,000 for the operation of the Armed 

5 Forces Retirement Home. 

6 TITLE V—MILITARY PERSONNEL 

7 POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Authorized strength of Navy Reserve flag officers. 

Sec. 502. Standardization of grade of senior dental officer of the Air Force with 

that of senior dental officer of the Army. 

Sec. 503. Management of chief warrant officers. 

Sec. 504. Reduction in time-in-grade requirement for promotion to captain in the 

Army, Air Force, and Marine Corps and lieutenant in the Navy. 

Sec. 505. Military status of officers serving in certain Intelligence Community 

positions. 

Subtitle B—Reserve Component Management 

Sec. 511. Revisions to reserve call-up authority. 

Sec. 512. Military retirement credit for certain service by National Guard members performed while in a State duty status immediately after 

the terrorist attacks of September 11, 2001. 

Sec. 513. Report on private-sector promotion and constructive termination of 

members of the reserve components called or ordered to active 

service. 

Subtitle C—Education and Training 

Sec. 521. Authority to permit members who participate in the guaranteed reserve 

forces duty scholarship program to participate in the health professions scholarship program and serve on active duty. 

Sec. 522. Junior Reserve Officers’ Training Corps instruction eligibility expansion. 

Sec. 523. Authority for United States Military Academy and United States Air 

Force Academy permanent military professors to assume command positions while on periods of sabbatical. 

Sec. 524. Expansion of service academy exchange programs with foreign military 

academies. 

Sec. 525. Review of legal status of Junior ROTC program. 

Subtitle D—General Service Authorities 

Sec. 531. Test of utility of test preparation guides and education programs in enhancing recruit candidate performance on the Armed Services 

Vocational Aptitude Battery (ASVAB) and Armed Forces Qualification Test (AFQT). 

Sec. 532. Nondisclosure of selection board proceedings. 


sroberts on PROD1PC70 with BILLS
109 

•HR 5122 RH 

Sec. 533. Report on extent of provision of timely notice of long-term deployments. 

Subtitle E—Authorities Relating to Guard and Reserve Duty 

Sec. 541. Title 10 definition of Active Guard and Reserve duty. 

Sec. 542. Authority for Active Guard and Reserve duties to include support of 

operational missions assigned to the reserve components and instruction and training of active-duty personnel. 

Sec. 543. Governor’s authority to order members to Active Guard and Reserve 

duty. 

Sec. 544. National Guard officers authority to command. 

Sec. 545. Expansion of operations of civil support teams. 

Subtitle F—Decorations and Awards 

Sec. 551. Authority for presentation of Medal of Honor Flag to living Medal of 

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

Medal of Honor recipients. 

Sec. 552. Cold War Victory Medal. 

Sec. 553. Posthumous award of Purple Heart for prisoners of war who die in or 

due to captivity. 

Sec. 554. Advancement on the retired list of certain decorated retired Navy and 

Marine Corps officers. 

Sec. 555. Report on Department of Defense process for awarding decorations. 

Subtitle G—Matters Relating to Casualties 

Sec. 561. Criteria for removal of member from temporary disability retired list. 

Sec. 562. Department of Defense computer/electronic accommodations program for 

severely wounded members. 

Sec. 563. Transportation of remains of casualties dying in a theater of combat 

operations. 

Sec. 564. Annual budget display of funds for POW/MIA activities of Department 

of Defense. 

Subtitle H—Assistance to Local Educational Agencies for Defense Dependents 

Education 

Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department 

of Defense civilian employees. 

Sec. 572. Enrollment in defense dependents’ education system of dependents of 

foreign military members assigned to Supreme Headquarters Allied Powers, Europe. 

Subtitle I—Postal Benefits 

Sec. 575. Postal benefits program for members of the Armed Forces. 

Sec. 576. Funding. 

Sec. 577. Duration. 

Subtitle J—Other Matters 

Sec. 581. Reduction in Department of Defense accrual contributions to Department of Defense Military Retirement Fund. 

Sec. 582. Dental Corps of the Bureau of Medicine and Surgery. 

Sec. 583. Permanent authority for presentation of recognition items for recruitment and retention purposes. 


sroberts on PROD1PC70 with BILLS
110 

•HR 5122 RH 

Sec. 584. Report on feasibility of establishment of Military Entrance Processing 

Command station on Guam. 

Sec. 585. Persons authorized to administer enlistment and appointment oaths. 

Sec. 586. Repeal of requirement for periodic Department of Defense Inspector 

General assessments of voting assistance compliance at military 

installations. 

Sec. 587. Physical evaluation boards. 

Sec. 588. Department of Labor transitional assistance program. 

Sec. 589. Revision in Government contributions to Medicare-Eligible Retiree 

Health Care Fund. 

Sec. 590. Military chaplains. 

Sec. 591. Report on personnel requirements for airborne assets identified as LowDensity, High-Demand Airborne Assets. 

Sec. 592. Entrepreneurial Service Members Empowerment Task Force. 

Sec. 593. Comptroller General report on military conscientious objectors. 

Sec. 594. Commission on the National Guard and Reserves. 

1 Subtitle A—Officer Personnel Policy 

2 SEC. 501. AUTHORIZED STRENGTH OF NAVY RESERVE FLAG 

3 OFFICERS. 

4 (a) SIMPLIFICATIONOF COUNTING OF NAVY RESERVE

5 FLAG OFFICERS.—Subsection (c) of section 12004 of title 

6 10, United States Code, is amended to read as follows: 

7 ‘‘(c) The authorized strength of the Navy under sub8 section (a) is exclusive of officers counted under section 526 

9 of this title.’’. 

10 (b) CONFORMING AMENDMENT.—Subsection (d) of 

11 such section is amended by striking ‘‘of those’’ and inserting 

12 ‘‘of officers’’. 

13 SEC. 502. STANDARDIZATION OF GRADE OF SENIOR DEN14 TAL OFFICER OF THE AIR FORCE WITH THAT 

15 OF SENIOR DENTAL OFFICER OF THE ARMY. 

16 (a) AIR FORCE ASSISTANT SURGEON GENERAL FOR

17 DENTAL SERVICES.—Section 8081 of title 10, United States 


sroberts on PROD1PC70 with BILLS
111 

•HR 5122 RH 

1 Code, is amended by striking ‘‘brigadier general’’ in the sec2 ond sentence and inserting ‘‘major general’’. 

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect on the date of the occurrence 

5 of the next vacancy in the position of Assistant Surgeon 

6 General for Dental Services in the Air Force that occurs 

7 after the date of the enactment of this Act or, if earlier, 

8 on the date of the appointment to the grade of major general 

9 of the officer who is the incumbent in that position on the 

10 date of the enactment of the Act. 

11 SEC. 503. MANAGEMENT OF CHIEF WARRANT OFFICERS. 

12 (a) RETENTION OF CHIEF WARRANT OFFICERS, W-4, 

13 WHO HAVE TWICE FAILED OF SELECTIONFOR PRO14 MOTION.—Section 580(e)(1) of title 10, United States Code, 

15 is amended by striking ‘‘continued on active duty if’’ and 

16 all that follows and inserting ‘‘continued on active duty 

17 if— 

18 ‘‘(A) in the case of a warrant officer in the grade 

19 of chief warrant officer, W–2, or chief warrant officer, 

20 W–3, the warrant officer is selected for continuation 

21 on active duty by a selection board convened under 

22 section 573(c) of this title; and 

23 ‘‘(B) in the case of a warrant officer in the grade 

24 of chief warrant officer, W–4, the warrant officer is 

25 selected for continuation on active duty by the SecVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
112 

•HR 5122 RH 

1 retary concerned under such procedures as the Sec2 retary may prescribe.’’. 

3 (b) MANDATORY RETIREMENT FOR LENGTH OF SERV4 ICE.—Section 1305(a) of such title is amended— 

5 (1) by striking ‘‘(1) Except as’’ and all the fol6 lows through ‘‘W–5)’’ and inserting ‘‘A regular war7 rant officer’’; 

8 (2) by inserting ‘‘as a warrant officer’’ after 

9 ‘‘years of active service’’; 

10 (3) by inserting ‘‘the date on which’’ after ‘‘60 

11 days after’’; and 

12 (4) by striking paragraph (2). 

13 SEC. 504. REDUCTION IN TIME-IN-GRADE REQUIREMENT 

14 FOR PROMOTION TO CAPTAIN IN THE ARMY, 

15 AIR FORCE, AND MARINE CORPS AND LIEU16 TENANT IN THE NAVY. 

17 Section 619(a)(1) of title 10, United States Code, is 

18 amended by striking ‘‘he has completed’’ in the matter pre19 ceding subparagraph (A) and all that follows through the 

20 period at the end of subparagraph (B) and inserting ‘‘the 

21 officer has completed 18 months of service in the grade in 

22 which the officer holds a permanent appointment’’. 


sroberts on PROD1PC70 with BILLS
113 

•HR 5122 RH 

1 SEC. 505. MILITARY STATUS OF OFFICERS SERVING IN CER2 TAIN INTELLIGENCE COMMUNITY POSITIONS. 

3 (a) CLARIFICATIONOF MILITARY STATUS.—Section 

4 528 of title 10, United States Code, is amended— 

5 (1) by striking subsections (a) and (b) and in6 serting the following: 

7 ‘‘(a) MILITARY STATUS.—An officer of the armed 

8 forces, while serving in a position covered by this section— 

9 ‘‘(1) shall not be subject to supervision or control 

10 by the Secretary of Defense or any other officer or em11 ployee of the Department of Defense, except as di12 rected by the Secretary of Defense concerning reas13 signment from such position; and 

14 ‘‘(2) may not exercise, by reason of the officer’s 

15 status as an officer, any supervision or control with 

16 respect to any of the military or civilian personnel of 

17 the Department of Defense except as otherwise author18 ized by law. 

19 ‘‘(b) DIRECTOR AND DEPUTY DIRECTOR OF CIA.— 

20 When the position of Director or Deputy Director of the 

21 Central Intelligence Agency is held by an officer of the 

22 armed forces, the officer serving in that position, while so 

23 serving, shall be excluded from the limitations in sections 

24 525 and 526 of this title. However, if both such positions 

25 are held by an officer of the armed forces, only one such 


sroberts on PROD1PC70 with BILLS
114 

•HR 5122 RH 

1 officer may be excluded from those limitation while so serv2 ing.’’; and 

3 (2) by adding at the end the following new sub4 sections: 

5 ‘‘(e) EFFECT OF APPOINTMENT.—Except as provided 

6 in subsection (a), the appointment or assignment of an offi7 cer of the armed forces to a position covered by this section 

8 shall not affect— 

9 ‘‘(1) the status, position, rank, or grade of such 

10 officer in the armed forces; or 

11 ‘‘(2) any emolument, perquisite, right, privilege, 

12 or benefit incident to or arising out of such status, 

13 position, rank, or grade. 

14 ‘‘(f) MILITARY PAY AND ALLOWANCES.—An officer of 

15 the armed forces on active duty who is appointed or as16 signed to a position covered by this section shall, while serv17 ing in such position and while remaining on active duty, 

18 continue to receive military pay and allowances and shall 

19 not receive the pay prescribed for such position. Funds from 

20 which such military pay and allowances are paid to such 

21 officer while so serving shall be reimbursed from funds 

22 available to the Director of the Central Intelligence Agency 

23 (for an officer serving in a position within the Central In24 telligence Agency) or from funds available to the Director 


sroberts on PROD1PC70 with BILLS
115 

•HR 5122 RH 

1 of National Intelligence (for an officer serving in a position 

2 within the Office of the Director of National Intelligence). 

3 ‘‘(g) COVERED POSITIONS.—The positions covered by 

4 this section are the positions specified in subsections (b) and 

5 (c) and the positions designated under subsection (d).’’. 

6 (b) CLERICAL AMENDMENTS.— 

7 (1) The heading of such section is amended to 

8 read as follows: 

9 ‘‘§ 528. Officers serving in certain intelligence posi10 tions: military status; exclusion from dis11 tribution and strength limitations; pay 

12 and allowances’’. 

13 (2) The table of sections at the beginning of 

14 chapter 32 of such title is amended to read as follows: 

‘‘528. Officers serving in certain intelligence positions: military status; exclusion 

from distribution and strength limitations; pay and allowances.’’. 

15 Subtitle B—Reserve Component 

16 Management 

17 SEC. 511. REVISIONS TO RESERVE CALL-UP AUTHORITY. 

18 (a) MAXIMUM NUMBER OF DAYS.—Subsection (a) of 

19 section 12304 of title 10, United States Code, is amended 

20 by striking ‘‘270 days’’ and inserting ‘‘365.’’ 

21 (b) SUPPORT FOR DISASTERS.—Such section is further 

22 amended— 

23 (1) in subsection (b)— 


sroberts on PROD1PC70 with BILLS
116 

•HR 5122 RH 

1 (A) by striking ‘‘or’’ at the end of para2 graph (1); 

3 (B) by striking the period at the end of 

4 paragraph (2) and inserting ‘‘; or’’; and 

5 (C) by adding at the end the following new 

6 paragraph: 

7 ‘‘(3) a serious natural or manmade disaster, ac8 cident, or catastrophe that occurs in the United 

9 States, its territories and possessions, or Puerto 

10 Rico.’’; and 

11 (2) in subsection (c)(1)— 

12 (A) by striking ‘‘title or,’’ and inserting 

13 ‘‘title,’’; and 

14 (B) by striking ‘‘, to provide’’ and all that 

15 follows through the end and inserting a period. 

16 (c) FAIR TREATMENT.—Such section is further amend17 ed— 

18 (1) by redesignating subsection (i) as subsection 

19 (j); and 

20 (2) by inserting after subsection (h) the following 

21 new subsection (i): 

22 ‘‘(i) CONSIDERATIONS FOR INVOLUNTARY ORDER TO

23 ACTIVE DUTY.—(1) In determining which members of the 

24 Selected Reserve and Individual Ready Reserve will be orVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
117 

•HR 5122 RH 

1 dered to duty without their consent under this section, ap2 propriate consideration shall be given to— 

3 ‘‘(A) the length and nature of previous service, to 

4 assure such sharing of exposure to hazards as the na5 tional security and military requirements will rea6 sonably allow; 

7 ‘‘(B) family responsibilities; and 

8 ‘‘(C) employment necessary to maintain the na9 tional health, safety, or interest. 

10 ‘‘(2) The Secretary of Defense shall prescribe such poli11 cies and procedures as the Secretary considers necessary to 

12 carry out this subsection.’’. 

13 SEC. 512. MILITARY RETIREMENT CREDIT FOR CERTAIN 

14 SERVICE BY NATIONAL GUARD MEMBERS 

15 PERFORMED WHILE IN A STATE DUTY STATUS 

16 IMMEDIATELY AFTER THE TERRORIST AT17 TACKS OF SEPTEMBER 11, 2001. 

18 Subsection (c) of section 514 of the National Defense 

19 Authorization Act for Fiscal Year 2006 (Public Law 109– 

20 163; 119 Stat. 3232) is amended by adding at the end the 

21 following new paragraph: 

22 ‘‘(3) In the State of New Jersey: Bergen, Hud23 son, Union, and Middlesex.’’. 


sroberts on PROD1PC70 with BILLS
118 

•HR 5122 RH 

1 SEC. 513. REPORT ON PRIVATE-SECTOR PROMOTION AND 

2 CONSTRUCTIVE TERMINATION OF MEMBERS 

3 OF THE RESERVE COMPONENTS CALLED OR 

4 ORDERED TO ACTIVE SERVICE. 

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

6 2007, the Secretary of Defense shall submit to the Com7 mittee on Armed Services of the Senate and the Committee 

8 on Armed Services of the House of Representatives a report 

9 on the promotion and constructive termination by private10 sector employers of members of the reserve components 

11 called or ordered to active service. 

12 (b) COLLECTIONOF INFORMATION.—The Secretary of 

13 Defense shall base the report required under subsection (a) 

14 on information submitted voluntarily by members of the re15 serve components. 

16 (c) CONSTRUCTIVE TERMINATION.—In this section, the 

17 term ‘‘constructive termination’’ means the voluntary res18 ignation of an employee because of working conditions the 

19 employee finds unbearable. 


sroberts on PROD1PC70 with BILLS
119 

•HR 5122 RH 

1 Subtitle C—Education and 

2 Training 

3 SEC. 521. AUTHORITY TO PERMIT MEMBERS WHO PARTICI4 PATE IN THE GUARANTEED RESERVE FORCES 

5 DUTY SCHOLARSHIP PROGRAM TO PARTICI6 PATE IN THE HEALTH PROFESSIONS SCHOL7 ARSHIP PROGRAM AND SERVE ON ACTIVE 

8 DUTY. 

9 Paragraph (3) of section 2107a(b) of title 10, United 

10 States Code, is amended— 

11 (1) by inserting ‘‘or a cadet or former cadet 

12 under this section who signs an agreement under sec13 tion 2122 of this title,’’ after ‘‘military junior col14 lege,’’; and 

15 (2) by inserting ‘‘, or former cadet,’’ after ‘‘con16 sent of the cadet’’ and after ‘‘submitted by the cadet’’. 

17 SEC. 522. JUNIOR RESERVE OFFICERS’ TRAINING CORPS IN18 STRUCTION ELIGIBILITY EXPANSION. 

19 Section 2031 of title 10, United States Code, is amend20 ed— 

21 (1) in subsection (d)(1), by inserting ‘‘who are 

22 receiving retired or retainer pay,’’ after ‘‘Fleet Ma23 rine Corps Reserve,’’; and 

24 (2) by adding at the end the following new sub25 section (e): 


sroberts on PROD1PC70 with BILLS
120 

•HR 5122 RH 

1 ‘‘(e) Instead of, or in addition to, the detailing of ac2 tive-duty officers and noncommissioned officers under sub3 section (c)(1), and the employment of retired officers and 

4 noncommissioned officers and members of the Fleet Reserve 

5 or Fleet Marine Corps Reserve under subsection (d), the 

6 Secretary of the military department concerned may au7 thorize qualified institutions to employ as administrators 

8 and instructors in the program, retired officers and non9 commissioned officers who qualify for retired pay for non10 regular service under the provisions of chapter 1223 of this 

11 title but for being under the age specified in section 

12 12731(a)(1) of this title for eligibility for such retired pay, 

13 whose qualifications are approved by the Secretary and the 

14 institution concerned, and who request such employment, 

15 subject to the following: 

16 ‘‘(1) The compensation package for officers and 

17 noncommissioned officers employed under this sub18 section shall not be coupled with either active duty 

19 pay or retired pay, but instead shall be at a rate con20 tracted individually and determined by the Secretary 

21 of the military department concerned. The Secretary 

22 may pay the institution an amount the Secretary de23 termined to be appropriate, but the amount may not 

24 be more than the amount that would be paid on be25 half of an equivalent retiree or member of the Fleet 


sroberts on PROD1PC70 with BILLS
121 

•HR 5122 RH 

1 Reserve or Fleet Marine Corps Reserve under the pro2 visions of subsection (d)(1). The Secretary may con3 tinue to pay individuals employed under this sub4 section pre-determined compensation packages, even 

5 after they reach the age of 60. Payments by the Sec6 retary concerned under this paragraph shall be made 

7 from funds appropriated for that purpose. 

8 ‘‘(2) Such a retired member is not, while so em9 ployed, considered to be on active duty or inactive 

10 duty training for any purpose.’’. 

11 SEC. 523. AUTHORITY FOR UNITED STATES MILITARY ACAD12 EMY AND UNITED STATES AIR FORCE ACAD13 EMY PERMANENT MILITARY PROFESSORS TO 

14 ASSUME COMMAND POSITIONS WHILE ON PE15 RIODS OF SABBATICAL. 

16 (a) UNITED STATES MILITARY ACADEMY.—Section 

17 4334(d) of title 10, United States Code, is amended— 

18 (1) by striking ‘‘permanent professors and the’’; 

19 (2) by striking ‘‘exercise’’ and inserting ‘‘exer20 cises’’; and 

21 (3) by adding at the end the following new sen22 tence: ‘‘The permanent professors exercise command 

23 only in the academic department of the Academy and, 

24 at the discretion of the Secretary of the Army, within 

25 Army units to which they are assigned.’’. 


sroberts on PROD1PC70 with BILLS
122 

•HR 5122 RH 

1 (b) UNITED STATES AIR FORCE ACADEMY.—Section 

2 9334(b) of such title is amended— 

3 (1) by striking ‘‘permanent professors and the’’; 

4 and 

5 (2) by striking ‘‘exercise’’ and inserting ‘‘exer6 cises’’; and 

7 (3) by adding at the end the following new sen8 tence: ‘‘The permanent professors exercise command 

9 only in the academic department of the Academy and, 

10 at the discretion of the Secretary of the Air Force, 

11 within Air Force units to which they are assigned.’’. 

12 SEC. 524. EXPANSION OF SERVICE ACADEMY EXCHANGE 

13 PROGRAMS WITH FOREIGN MILITARY ACAD14 EMIES. 

15 (a) UNITED STATES MILITARY ACADEMY.— 

16 (1) NUMBER OF PARTICIPANTS IN EXCHANGE

17 PROGRAM.—Subsection (b) of section 4345 of title 10, 

18 United States Code, is amended by striking ‘‘24’’ and 

19 inserting ‘‘100’’. 

20 (2) COSTS AND EXPENSES.—Subsection (c) of 

21 such section is amended— 

22 (A) by striking ‘‘for the Academy’’ in para23 graph (3) and all that follows in that paragraph 

24 and inserting ‘‘for the Academy and such addi25 tional funds as may be available to the Academy 


sroberts on PROD1PC70 with BILLS
123 

•HR 5122 RH 

1 from a source other than appropriated funds to 

2 support cultural immersion, regional awareness, 

3 or foreign language training activities in connec4 tion with the exchange program.’’; and 

5 (B) by adding at the end the following new 

6 paragraph: 

7 ‘‘(4) Expenditures in support of the exchange program 

8 from funds appropriated for the Academy may not exceed 

9 $1,000,000 during any fiscal year.’’. 

10 (b) UNITED STATES NAVAL ACADEMY.— 

11 (1) NUMBER OF PARTICIPANTS IN EXCHANGE

12 PROGRAM.—Subsection (b) of section 6957a of title 

13 10, United States Code, is amended by striking ‘‘24’’ 

14 and inserting ‘‘100’’. 

15 (2) COSTS AND EXPENSES.—Subsection (c) of 

16 such section is amended— 

17 (A) by striking ‘‘for the Academy’’ in para18 graph (3) and all that follows in that paragraph 

19 and inserting ‘‘for the Academy and such addi20 tional funds as may be available to the Academy 

21 from a source other than appropriated funds to 

22 support cultural immersion, regional awareness, 

23 or foreign language training activities in connec24 tion with the exchange program.’’; and 


sroberts on PROD1PC70 with BILLS
124 

•HR 5122 RH 

1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(4) Expenditures in support of the exchange program 

4 from funds appropriated for the Naval Academy may not 

5 exceed $1,000,000 during any fiscal year.’’. 

6 (c) UNITED STATES AIR FORCE ACADEMY.— 

7 (1) NUMBER OF PARTICIPANTS IN EXCHANGE

8 PROGRAM.—Subsection (b) of section 9345 of title 10, 

9 United States Code, is amended by striking ‘‘24’’ and 

10 inserting ‘‘100’’. 

11 (2) COSTS AND EXPENSES.—Subsection (c) of 

12 such section is amended— 

13 (A) by striking ‘‘for the Academy’’ in para14 graph (3) and all that follows in that paragraph 

15 and inserting ‘‘for the Academy and such addi16 tional funds as may be available to the Academy 

17 from a source other than appropriated funds to 

18 support cultural immersion, regional awareness, 

19 or foreign language training activities in connec20 tion with the exchange program.’’; and 

21 (B) by adding at the end the following new 

22 paragraph: 

23 ‘‘(4) Expenditures in support of the exchange program 

24 from funds appropriated for the Academy may not exceed 

25 $1,000,000 during any fiscal year.’’. 


sroberts on PROD1PC70 with BILLS
125 

•HR 5122 RH 

1 (d) EFFECTIVE DATES.—The amendments made by 

2 subsection (a) shall take effect on the date of the enactment 

3 of this Act. The amendments made by subsections (b) and 

4 (c) shall take effect on October 1, 2008. 

5 SEC. 525. REVIEW OF LEGAL STATUS OF JUNIOR ROTC PRO6 GRAM. 

7 (a) REVIEW.—The Secretary of Defense shall conduct 

8 a review of the 1976 legal opinion issued by the General 

9 Counsel of the Department of Defense regarding instruction 

10 of non-host unit students participating in Junior Reserve 

11 Officers’ Training Corps programs. The review shall con12 sider whether changes to law after the issuance of that opin13 ion allow in certain circumstances for the arrangement for 

14 assignment of instructors that provides for the travel of an 

15 instructor from one educational institution to another once 

16 during the regular school day for the purposes of the Junior 

17 Reserve Officers’ Training Corps program as an authorized 

18 arrangement that enhances administrative efficiency in the 

19 management of the program. If the Secretary, as a result 

20 of the review, determines that such authority is not avail21 able, the Secretary should also consider whether such au22 thority should be available and whether there should be au23 thority to waive the restrictions under certain cir24 cumstances. 


sroberts on PROD1PC70 with BILLS
126 

•HR 5122 RH 

1 (b) REPORT.—The Secretary shall submit to the Com2 mittee on Armed Services of the Senate and the Committee 

3 on Armed Services of the House of Representatives a report 

4 containing the results of the review not later than 180 days 

5 after the date of the enactment of this Act. 

6 (c) INTERIM AUTHORITY.—A current institution that 

7 has more than 70 students and is providing support to an8 other educational institutional with more than 70 students 

9 and has been providing for the assignment of instructors 

10 from one school to the other may continue to provide such 

11 support until 180 days following receipt of the report under 

12 subsection (b). 

13 Subtitle D—General Service 

14 Authorities 

15 SEC. 531. TEST OF UTILITY OF TEST PREPARATION GUIDES 

16 AND EDUCATION PROGRAMS IN ENHANCING 

17 RECRUIT CANDIDATE PERFORMANCE ON THE 

18 ARMED SERVICES VOCATIONAL APTITUDE 

19 BATTERY (ASVAB) AND ARMED FORCES QUAL20 IFICATION TEST (AFQT). 

21 (a) REQUIREMENT FOR TEST.—The Secretary of De22 fense shall conduct a test of the utility of commercially 

23 available test preparation guides and education programs 

24 designed to assist recruit candidates achieve scores on mili25 tary recruit qualification testing that better reflect the full 


sroberts on PROD1PC70 with BILLS
127 

•HR 5122 RH 

1 potential of those recruit candidates in terms of aptitude 

2 and mental category. The test shall be conducted through 

3 the Secretaries of the Army, Navy and Air Force. 

4 (b) ASSESSMENT OF COMMERCIALLY AVAILABLE

5 GUIDES AND PROGRAMS.—The test shall assess commer6 cially available test preparation guides and education pro7 grams designed to enhance test performance. The test prepa8 ration guides assessed shall test both written formats and 

9 self-paced computer-assisted programs. Education pro10 grams assessed may test both self-study textbook and com11 puter-assisted courses and instructor-led courses. 

12 (c) OBJECTIVES.—The objectives of the test are to de13 termine the following: 

14 (1) The degree to which test preparation assist15 ance degrades test reliability and accuracy. 

16 (2) The degree to which test preparation assist17 ance allows more accurate testing of skill aptitudes 

18 and mental capability. 

19 (3) The degree to which test preparation assist20 ance allows individuals to achieve higher scores with21 out sacrificing reliability and accuracy. 

22 (4) What role is recommended for test prepara23 tion assistance in military recruiting. 

24 (d) CONTROL GROUP.—As part of the test, the Sec25 retary shall identify a population of recruit candidates who 


sroberts on PROD1PC70 with BILLS
128 

•HR 5122 RH 

1 will not receive test preparation assistance and will serve 

2 as a control group for the test. Data from recruit candidates 

3 participating in the test and data from recruit candidates 

4 in the control group shall be compared in terms of both (1) 

5 test performance, and (2) subsequent duty performance in 

6 training and unit settings following entry on active duty. 

7 (e) NUMBER OF PARTICIPANTS.—The Secretary shall 

8 provide test preparation assistance to a minimum of 2,000 

9 recruit candidates and shall identify an equal number to 

10 be established as the control group population. 

11 (f) DURATIONOF TEST.—The Secretary shall begin the 

12 test not later than nine months after the date of the enact13 ment of this Act. The test shall identify participants over 

14 a one-year period from the start of the test and shall assess 

15 duty performance for each participant for 18 months fol16 lowing entry on active duty. The last participant shall be 

17 identified, but other participants may not be identified. 

18 (g) REPORT ON FINDINGS.—Not later than six months 

19 after completion of the duty performance assessment of the 

20 last identified participant in the test, the Secretary of De21 fense shall submit to the Committee on Armed Services in 

22 the Senate and the Committee on Armed Services of the 

23 House of Representatives a report providing the findings 

24 of the Secretary with respect to each of the objectives speci25 fied in subsection (c) and the Secretary’s recommendations. 


sroberts on PROD1PC70 with BILLS
129 

•HR 5122 RH 

1 SEC. 532. NONDISCLOSURE OF SELECTION BOARD PRO2 CEEDINGS. 

3 (a) ACTIVE-DUTY SELECTION BOARD PRO4 CEEDINGS.— 

5 (1) EXTENSION TO ALL ACTIVE-DUTY BOARDS.— 

6 Chapter 36 of title 10, United States Code, is amend7 ed by inserting after section 613 the following new 

8 section: 

9 ‘‘§ 613a. Nondisclosure of board proceedings 

10 ‘‘(a) NONDISCLOSURE.—The proceedings of a selection 

11 board convened under section 611 this title may not be dis12 closed to any person not a member of the board. 

13 ‘‘(b) PROHIBITED USES OF BOARD RECORDS.—The 

14 discussions and deliberations of such a selection board and 

15 any written or documentary record of such discussions and 

16 deliberations— 

17 ‘‘(1) are immune from legal process; 

18 ‘‘(2) may not be admitted as evidence; and 

19 ‘‘(3) may not be used for any purpose in any ac20 tion, suit, or judicial or administrative proceeding 

21 without the consent of the Secretary of the military 

22 department concerned. 

23 ‘‘(c) APPLICABILITY.—The section shall apply with re24 spect to the proceedings of all selection boards convened 

25 under section 611 of this title, including selection boards 

26 convened before the date of the enactment of this section.’’. 


sroberts on PROD1PC70 with BILLS
130 

•HR 5122 RH 

1 (2) CONFORMING AMENDMENT.—Section 618 of 

2 such title is amended by striking subsection (f). 

3 (b) RESERVE SELECTION BOARD PROCEEDINGS.—Sec4 tion 14104 of such title is amended to read as follows: 

5 ‘‘§ 14104. Nondisclosure of board proceedings 

6 ‘‘(a) NONDISCLOSURE.—The proceedings of a selection 

7 board convened under section 14101of this title may not 

8 be disclosed to any person not a member of the board. 

9 ‘‘(b) PROHIBITED USES OF BOARD RECORDS.—The 

10 discussions and deliberations of such a selection board and 

11 any written or documentary record of such discussions and 

12 deliberations— 

13 ‘‘(1) are immune from legal process; 

14 ‘‘(2) may not be admitted as evidence; and 

15 ‘‘(3) may not be used for any purpose in any ac16 tion, suit, or judicial or administrative proceeding 

17 without the consent of the Secretary of the military 

18 department concerned. 

19 ‘‘(c) APPLICABILITY.—The section shall apply with re20 spect to the proceedings of all selection boards convened 

21 under section 14101 of this title, including selection boards 

22 convened before the date of the enactment of this section.’’. 

23 (c) CLERICAL AMENDMENTS.— 

24 (1) The table of sections at the beginning of sub25 chapter I of chapter 36 of such title is amended by 


sroberts on PROD1PC70 with BILLS
131 

•HR 5122 RH 

1 inserting after the item relating to section 613 the fol2 lowing new item: 

‘‘14104. Nondisclosure of board proceedings.’’. 

3 (2) The item relating to section 14104 in the 

4 table of sections at the beginning of chapter 1403 of 

5 such title is amended to read as follows: 

‘‘14104. Nondisclosure of board proceedings.’’. 

6 SEC. 533. REPORT ON EXTENT OF PROVISION OF TIMELY 

7 NOTICE OF LONG-TERM DEPLOYMENTS. 

8 Not later than March 1, 2007, 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 report on the number of members of 

12 the Armed Forces (shown by service and within each service 

13 by reserve component and active component) who, since 

14 September 11, 2001, have not received at least 30 days no15 tice (in the form of an official order) before a deployment 

16 that will last 180 days or more. With respect to members 

17 of the reserve components, the report shall describe the de18 gree of compliance (or noncompliance) with Department of 

19 Defense policy concerning the amount of notice to be pro20 vided before long-term mobilizations or deployments. 


sroberts on PROD1PC70 with BILLS
132 

•HR 5122 RH 

1 Subtitle E—Authorities Relating to 

2 Guard and Reserve Duty 

3 SEC. 541. TITLE 10 DEFINITION OF ACTIVE GUARD AND RE4 SERVE DUTY. 

5 Section 101 of title 10, United States Code, is amend6 ed— 

7 (1) by adding at the end of subsection (b) the fol8 lowing new paragraph: 

9 ‘‘(16) The term ‘Active Guard and Reserve’ 

10 means a member of a reserve component who is on ac11 tive duty pursuant to section 12301(d) of this title or, 

12 if a member of the Army National Guard or Air Na13 tional Guard, is on full-time National Guard duty 

14 pursuant to section 502(f) of title 32, and who is per15 forming Active Guard and Reserve duty.’’; and 

16 (2) in paragraph (6)(A) of subsection (d)— 

17 (A) by striking ‘‘or full-time National 

18 Guard duty’’ after ‘‘means active duty’’; and 

19 (B) by striking ‘‘, pursuant to an order to 

20 active duty or full-time National Guard duty’’ 

21 and inserting ‘‘pursuant to an order to full-time 

22 National Guard duty,’’. 


sroberts on PROD1PC70 with BILLS
133 

•HR 5122 RH 

1 SEC. 542. AUTHORITY FOR ACTIVE GUARD AND RESERVE 

2 DUTIES TO INCLUDE SUPPORT OF OPER3 ATIONAL MISSIONS ASSIGNED TO THE RE4 SERVE COMPONENTS AND INSTRUCTION AND 

5 TRAINING OF ACTIVE-DUTY PERSONNEL. 

6 (a) AGR DUTY UNDER TITLE 10.—Subsections (a) 

7 and (b) of section 12310 of title 10, United States Code, 

8 are amended to read as follows: 

9 ‘‘(a) AUTHORITY.—(1) The Secretary concerned may 

10 order a member of a reserve component under the Sec11 retary’s jurisdiction to active duty pursuant to section 

12 12301(d) of this title to perform Active Guard and Reserve 

13 duty organizing, administering, recruiting, instructing, or 

14 training the reserve components. 

15 ‘‘(2) A Reserve ordered to active duty under paragraph 

16 (1) shall be ordered in the Reserve’s reserve grade. While 

17 so serving, the Reserve continues to be eligible for promotion 

18 as a Reserve, if otherwise qualified. 

19 ‘‘(b) DUTIES.—A Reserve on active duty under sub20 section (a) may perform the following duties in addition 

21 to (and not in lieu of) the Reserve’s primary Active Guard 

22 and Reserve duties described in subsection (a)(1): 

23 ‘‘(1) Supporting operations or missions assigned 

24 in whole or in part to the reserve components. 

25 ‘‘(2) Supporting operations or missions per26 formed or to be performed by— 


sroberts on PROD1PC70 with BILLS
134 

•HR 5122 RH 

1 ‘‘(A) a unit composed of elements from more 

2 than one component of the same armed force; or 

3 ‘‘(B) a joint forces unit that includes— 

4 ‘‘(i) one or more reserve component 

5 units; or 

6 ‘‘(ii) a member of a reserve component 

7 whose reserve component assignment is in a 

8 position in an element of the joint forces 

9 unit. 

10 ‘‘(3) Advising the Secretary of Defense, the Secre11 taries of the military departments, the Joint Chiefs of 

12 Staff, and the commanders of the unified combatant 

13 command regarding reserve component matters. 

14 ‘‘(4) Instructing or training in the United States 

15 or the Commonwealth of Puerto Rico or possessions of 

16 the United States of— 

17 ‘‘(A) active-duty members of the armed 

18 forces; 

19 ‘‘(B) members of foreign military forces 

20 (under the same authorities and restrictions ap21 plicable to active-duty members providing such 

22 instruction or training); 

23 ‘‘(C) Department of Defense contractor per24 sonnel; or 


sroberts on PROD1PC70 with BILLS
135 

•HR 5122 RH 

1 ‘‘(D) Department of Defense civilian em2 ployees.’’. 

3 (b) MILITARY TECHNICIANS UNDER TITLE 10.—Sec4 tion 10216(a) of such title is amended— 

5 (1) in paragraph (1)(C), by striking ‘‘adminis6 tration and’’ and inserting ‘‘organizing, admin7 istering, instructing, or’’; and 

8 (2) by adding at the end the following new para9 graph: 

10 ‘‘(3) A military technician (dual status) who is em11 ployed under section 3101 of title 5 may perform the fol12 lowing duties in addition to (and not in lieu of) those pri13 mary duties described in paragraph (1): 

14 ‘‘(A) Supporting operations or missions assigned 

15 in whole or in part to the technician’s unit; 

16 ‘‘(B) Supporting operations or missions per17 formed or to be performed by— 

18 ‘‘(i) a unit composed of elements from more 

19 than one component of the technician’s armed 

20 force; or 

21 ‘‘(ii) a joint forces unit that includes— 

22 ‘‘(I) one or more units of the techni23 cian’s component; or 

24 ‘‘(II) a member of the technician’s 

25 component whose reserve component assignVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
136 

•HR 5122 RH 

1 ment is in a position in an element of the 

2 joint forces unit. 

3 ‘‘(C) Instructing or training in the United 

4 States or the Commonwealth of Puerto Rico or posses5 sions of the United States of— 

6 ‘‘(i) active-duty members of the armed 

7 forces; 

8 ‘‘(ii) members of foreign military forces 

9 (under the same authorities and restrictions ap10 plicable to active-duty members providing such 

11 instruction or training); 

12 ‘‘(iii) Department of Defense contractor per13 sonnel; or 

14 ‘‘(iv) Department of Defense civilian em15 ployees.’’. 

16 (c) NATIONAL GUARD TITLE 32 TRAINING DUTY.— 

17 Section 502(f) of title 32, United States Code, title is 

18 amended— 

19 (1) by inserting ‘‘(1)’’ before ‘‘Under regula20 tions’’; 

21 (2) by redesignating paragraphs (1) and (2) as 

22 subparagraphs (A) and (B), respectively; 

23 (3) by striking the last sentence and inserting 

24 the following: 


sroberts on PROD1PC70 with BILLS
137 

•HR 5122 RH 

1 ‘‘(2) The training or duty ordered to be performed 

2 under paragraph (1) may include the following: 

3 ‘‘(A) Support of operations or missions under4 taken by the member’s unit at the request of the Presi5 dent or Secretary of Defense. 

6 ‘‘(B) Support of training operations and train7 ing missions assigned in whole or in part to the Na8 tional Guard by the Secretary concerned, but only to 

9 the extent that such training missions and training 

10 operations— 

11 ‘‘(i) are performed in the territorial limits 

12 of the United States, its territories and posses13 sions, the District of Columbia, and the Com14 monwealth of Puerto Rico; and 

15 ‘‘(ii) are only to instruct active duty mili16 tary, foreign military (under the same authori17 ties and restrictions applicable to active duty 

18 troops), Department of Defense contractor per19 sonnel, or Department of Defense civilian em20 ployees. 

21 ‘‘(3) Duty without pay shall be considered for all pur22 poses as if it were duty with pay.’’. 

23 (d) NATIONAL GUARD TECHNICIANS UNDER TITLE

24 32.—Section 709(a) of title 32, United States Code, is 

25 amended— 


sroberts on PROD1PC70 with BILLS
138 

•HR 5122 RH 

1 (1) in paragraph (1)— 

2 (A) by striking ‘‘administration and’’ and 

3 inserting ‘‘organizing, administering, instruct4 ing, or’’; and 

5 (B) by striking ‘‘and’’ at the end of such 

6 paragraph; 

7 (2) by striking the period at the end of para8 graph (2) and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following new para10 graph: 

11 ‘‘(3) the performance of the following duties in 

12 addition to (and not in lieu of) those duties described 

13 by paragraphs (1) and (2): 

14 ‘‘(A) Support of operations or missions un15 dertaken by the technician’s unit at the request 

16 of the President or the Secretary of Defense. 

17 ‘‘(B) Support of Federal training oper18 ations or Federal training missions assigned in 

19 whole or in part to the technician’s unit. 

20 ‘‘(C) Instructing or training in the United 

21 States or the Commonwealth of Puerto Rico or 

22 possessions of the United States of— 

23 ‘‘(i) active-duty members of the armed 

24 forces; 


sroberts on PROD1PC70 with BILLS
139 

•HR 5122 RH 

1 ‘‘(ii) members of foreign military forces 

2 (under the same authorities and restrictions 

3 applicable to active-duty members pro4 viding such instruction or training); 

5 ‘‘(iii) Department of Defense con6 tractor personnel; or 

7 ‘‘(iv) Department of Defense civilian 

8 employees.’’. 

9 (e) CLERICAL AMENDMENT.—The table of sections at 

10 the beginning of such chapter is amended by adding at the 

11 end the following new item: 

‘‘328. Active Guard and Reserve duty: Governor’s authority.’’. 

12 SEC. 543. GOVERNOR’S AUTHORITY TO ORDER MEMBERS TO 

13 ACTIVE GUARD AND RESERVE DUTY. 

14 (a) IN GENERAL.—Chapter 3 of title 32, United States 

15 Code, is amended by adding at the end the following new 

16 section: 

17 ‘‘§ 328. Active Guard and Reserve duty: Governor’s au18 thority 

19 ‘‘(a) AUTHORITY.—The Governor of a State or the 

20 Commonwealth of Puerto Rico, Guam, or the Virgin Is21 lands, or the commanding general of the District of Colum22 bia National Guard, as the case may be, with the consent 

23 of the Secretary concerned, may order a member of the Na24 tional Guard to perform Active Guard and Reserve duty, 


sroberts on PROD1PC70 with BILLS
140 

•HR 5122 RH 

1 as defined by section 101(d)(6) of title 10, pursuant to sec2 tion 502(f) of this title. 

3 ‘‘(b) DUTIES.—A member of the National Guard per4 forming duty under subsection (a) may perform the fol5 lowing duties in addition to (and not in lieu of) that mem6 ber’s primary Active Guard and Reserve duties of orga7 nizing, administering, recruiting, instructing, and training 

8 the reserve components: 

9 ‘‘(1) Support of operations or missions under10 taken by the member’s unit at the request of the Presi11 dent or the Secretary of Defense. 

12 ‘‘(2) Support of training operations and train13 ing missions assigned in whole or in part by the Sec14 retary concerned to the National Guard, but only to 

15 the extent that such training operation and training 

16 missions— 

17 ‘‘(A) are performed in the territorial limits 

18 of the United States, its territories and posses19 sions, and the Commonwealth of Puerto Rico; 

20 and 

21 ‘‘(B) are only to instruct— 

22 ‘‘(i) active-duty members of the armed 

23 forces; 

24 ‘‘(ii) members of foreign military forces 

25 (under the same authorities and restrictions 


sroberts on PROD1PC70 with BILLS
141 

•HR 5122 RH 

1 applicable to active-duty members pro2 viding such instruction or training); 

3 ‘‘(iii) Department of Defense con4 tractor personnel; or 

5 ‘‘(iv) Department of Defense civilian 

6 employees.’’. 

7 SEC. 544. NATIONAL GUARD OFFICERS AUTHORITY TO COM8 MAND. 

9 Section 325 of title 32, United States Code, is amend10 ed— 

11 (1) in subsection (a)(2), by striking ‘‘in com12 mand of a National Guard unit’’; 

13 (2) by redesignating subsection (b) as subsection 

14 (c); and 

15 (3) by inserting after subsection (a) the following 

16 new subsection (b): 

17 ‘‘(b) ADVANCE AUTHORIZATIONAND CONSENT.—The 

18 President and Governor of the State or Commonwealth of 

19 Puerto Rico, Guam, or the Virgin Islands, or the com20 manding general of the District of Columbia National 

21 Guard, as the case may be, respectively, may give the au22 thorization and consent required by subsection (a)(2), in 

23 advance, for the purpose of establishing the succession of 

24 command of a unit.’’; and 


sroberts on PROD1PC70 with BILLS
142 

•HR 5122 RH 

1 (4) by adding at the end the following new sub2 section: 

3 ‘‘(d) NATIONAL GUARD DUTIES.—An officer who is not 

4 relieved from duty in the National Guard while serving on 

5 active duty pursuant to subsection (a)(2) may perform any 

6 duty authorized to be performed by the laws of that officer’s 

7 State or the laws of the Commonwealth of Puerto Rico, 

8 Guam, the Virgin Islands, or the District of Columbia, as 

9 the case may be, to be performed by the National Guard 

10 without regard to the limitations imposed by section 1385 

11 of title 18.’’. 

12 SEC. 545. EXPANSION OF OPERATIONS OF CIVIL SUPPORT 

13 TEAMS. 

14 (a) IN GENERAL.—Section 12310(c) of title 10, United 

15 States Code, is amended— 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘involving—’’ and inserting 

18 ‘‘involving any of the following:’’; and 

19 (B) by striking subparagraphs (A) and (B) 

20 and inserting the following: 

21 ‘‘(A) The use or threatened use of a weapon of 

22 mass destruction (as defined in section 12304(i)(2) of 

23 this title) in the United States. 


sroberts on PROD1PC70 with BILLS
143 

•HR 5122 RH 

1 ‘‘(B) A terrorist attack or threatened terrorist at2 tack in the United States that results, or could result, 

3 in catastrophic loss of life or property. 

4 ‘‘(C) The intentional or unintentional release of 

5 nuclear, biological, radiological, or toxic or poisonous 

6 chemical materials in the United States that results, 

7 or could result, in catastrophic loss of life or property. 

8 ‘‘(D) A natural or manmade disaster in the 

9 United States that results in, or could result in, cata10 strophic loss of life or property.’’; 

11 (2) by amending paragraph (3) to read as fol12 lows: 

13 ‘‘(3) A Reserve may perform duty described in para14 graph (1) only while assigned to a reserve component weap15 ons of mass destruction civil support team.’’; and 

16 (3) by adding at the end the following new para17 graph: 

18 ‘‘(7) In this subsection, the term ‘United States’ in19 cludes the Commonwealth of Puerto Rico, Guam, and the 

20 Virgin Islands.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 Such section is further amended— 

23 (1) by striking the subsection heading and in24 serting ‘‘OPERATIONS RELATING TO DEFENSE


sroberts on PROD1PC70 with BILLS
144 

•HR 5122 RH 

1 AGAINST WEAPONS OF MASS DESTRUCTIONAND TER2 RORIST ATTACKS.—’’; 

3 (2) in paragraph (5), by striking ‘‘rapid assess4 ment element team’’ and inserting ‘‘weapons of mass 

5 destruction civil support team’’; and 

6 (3) in paragraph (6)— 

7 (A) in the matter preceding subparagraph 

8 (A), by striking ‘‘paragraph (3)’’ and inserting 

9 ‘‘paragraphs (1) and (3)’’; and 

10 (B) in subparagraph (B), by striking 

11 ‘‘paragraph (3)(B)’’ and inserting ‘‘paragraph 

12 (3)’’. 

13 Subtitle F—Decorations and 

14 Awards 

15 SEC. 551. AUTHORITY FOR PRESENTATION OF MEDAL OF 

16 HONOR FLAG TO LIVING MEDAL OF HONOR 

17 RECIPIENTS AND TO LIVING PRIMARY NEXT18 OF-KIN OF DECEASED MEDAL OF HONOR RE19 CIPIENTS. 

20 (a) ARMY.—Section 3755 of title 10, United States 

21 Code, is amended— 

22 (1) by striking ‘‘after October 23, 2002’’; and 

23 (2) by adding at the end the following new sen24 tence: ‘‘In the case of a posthumous presentation of 


sroberts on PROD1PC70 with BILLS
145 

•HR 5122 RH 

1 the medal, the flag shall be presented to the person to 

2 whom the medal is presented’’. 

3 (b) NAVY.—Section 6257 of such title is amended— 

4 (1) by striking ‘‘after October 23, 2002’’; and 

5 (2) by adding at the end the following new sen6 tence: ‘‘In the case of a posthumous presentation of 

7 the medal, the flag shall be presented to the person to 

8 whom the medal is presented’’. 

9 (c) AIR FORCE.—Section 8755 of such title is amend10 ed— 

11 (1) by striking ‘‘after October 23, 2002’’; and 

12 (2) by adding at the end the following new sen13 tence: ‘‘In the case of a posthumous presentation of 

14 the medal, the flag shall be presented to the person to 

15 whom the medal is presented’’. 

16 (d) COAST GUARD.—Section 505 of title 14, United 

17 States Code, is amended— 

18 (1) by striking ‘‘after October 23, 2002’’; and 

19 (2) by adding at the end the following new sen20 tence: ‘‘In the case of a posthumous presentation of 

21 the medal, the flag shall be presented to the person to 

22 whom the medal is presented’’. 

23 (e) PRESENTATION OF FLAG FOR PRIOR RECIPIENTS

24 OF MEDAL OF HONOR.— 


sroberts on PROD1PC70 with BILLS
146 

•HR 5122 RH 

1 (1) LIVING RECIPIENTS.—The President shall 

2 provide for the presentation of the Medal of Honor 

3 Flag as expeditiously as possible after the date of the 

4 enactment of this Act to each living recipient of the 

5 Medal of Honor who was awarded the Medal of 

6 Honor before that date. 

7 (2) SURVIVORS OF DECEASED RECIPIENTS.—The 

8 President shall provide for posthumous presentation 

9 of the Medal of Honor Flag, upon written application 

10 therefor, to the primary next of kin of any recipient 

11 of the Medal of Honor who was awarded the Medal 

12 of Honor before the date of the enactment of this Act 

13 and who is deceased as of such date (or who dies after 

14 such date and before the presentation required by 

15 paragraph (1)). For purposes of this paragraph, the 

16 primary next-of-kin is the person who would be enti17 tled to receive the award of the Medal of Honor for 

18 such deceased individual if the award were being 

19 made posthumously at the time of the presentation of 

20 the Medal of Honor Flag. 

21 (3) MEDAL OF HONOR FLAG.—In this subsection, 

22 the term ‘‘Medal of Honor Flag’’ means the flag des23 ignated under section 903 of title 36, United States 

24 Code. 


sroberts on PROD1PC70 with BILLS
147 

•HR 5122 RH 

1 SEC. 552. COLD WAR VICTORY MEDAL. 

2 (a) AUTHORITY.—Chapter 57 of title 10, United States 

3 Code, is amended by adding at the end the following new 

4 section: 

5 ‘‘§ 1135. Cold War Victory Medal 

6 ‘‘(a) MEDAL AUTHORIZED.—The Secretary concerned 

7 shall issue a service medal, to be known as the ‘Cold War 

8 Victory Medal’, to persons eligible to receive the medal 

9 under subsection (b). The Cold War Victory Medal shall be 

10 of an appropriate design approved by the Secretary of De11 fense, with ribbons, lapel pins, and other appurtenances. 

12 ‘‘(b) ELIGIBLE PERSONS.—The following persons are 

13 eligible to receive the Cold War Victory Medal: 

14 ‘‘(1) A person who— 

15 ‘‘(A) performed active duty or inactive duty 

16 training as an enlisted member during the Cold 

17 War; 

18 ‘‘(B) completed the person’s initial term of 

19 enlistment or, if discharged before completion of 

20 such initial term of enlistment, was honorably 

21 discharged after completion of not less than 180 

22 days of service on active duty; and 

23 ‘‘(C) has not received a discharge less favor24 able than an honorable discharge or a release 

25 from active duty with a characterization of serv26 ice less favorable than honorable. 


sroberts on PROD1PC70 with BILLS
148 

•HR 5122 RH 

1 ‘‘(2) A person who— 

2 ‘‘(A) performed active duty or inactive duty 

3 training as a commissioned officer or warrant 

4 officer during the Cold War; 

5 ‘‘(B) completed the person’s initial service 

6 obligation as an officer or, if discharged or sepa7 rated before completion of such initial service ob8 ligation, was honorably discharged after comple9 tion of not less than 180 days of service on active 

10 duty; and 

11 ‘‘(C) has not been released from active duty 

12 with a characterization of service less favorable 

13 than honorable and has not received a discharge 

14 or separation less favorable than an honorable 

15 discharge. 

16 ‘‘(c) ONE AWARD AUTHORIZED.—Not more than one 

17 Cold War Victory Medal may be issued to any person. 

18 ‘‘(d) ISSUANCE TO REPRESENTATIVE OF DECEASED.— 

19 If a person described in subsection (b) dies before being 

20 issued the Cold War Victory Medal, the medal shall be 

21 issued to the person’s representative, as designated by the 

22 Secretary concerned. 

23 ‘‘(e) REPLACEMENT.—Under regulations prescribed by 

24 the Secretary concerned, a Cold War Victory Medal that 

25 is lost, destroyed, or rendered unfit for use without fault 


sroberts on PROD1PC70 with BILLS
149 

•HR 5122 RH 

1 or neglect on the part of the person to whom it was issued 

2 may be replaced without charge. 

3 ‘‘(f) APPLICATIONFOR MEDAL.—The Cold War Vic4 tory Medal shall be issued upon receipt by the Secretary 

5 concerned of an application for such medal, submitted in 

6 accordance with such regulations as the Secretary pre7 scribes. 

8 ‘‘(g) UNIFORM REGULATIONS.—The Secretary of De9 fense shall ensure that regulations prescribed by the Secre10 taries of the military departments under this section are 

11 uniform so far as is practicable. 

12 ‘‘(h) DEFINITION.—In this section, the term ‘Cold War’ 

13 means the period beginning on September 2, 1945, and end14 ing at the end of December 26, 1991.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections at 

16 the beginning of such chapter is amended by adding at the 

17 end the following new item: 

‘‘1135. Cold War Victory Medal.’’. 

18 SEC. 553. POSTHUMOUS AWARD OF PURPLE HEART FOR 

19 PRISONERS OF WAR WHO DIE IN OR DUE TO 

20 CAPTIVITY. 

21 (a) DECEASED POWS NOT OTHERWISE ELIGIBLE FOR

22 PURPLE HEART.—Chapter 57 of title 10, United States 

23 Code, is amended by adding after section 1135, as added 

24 by section 552(a), the following new section: 


sroberts on PROD1PC70 with BILLS
150 

•HR 5122 RH 

1 ‘‘§ 1136. Purple Heart: posthumous award for pris2 oners of war or former prisoners of war 

3 dying in or due to captivity 

4 ‘‘(a) For purposes of the award of the Purple Heart, 

5 the Secretary concerned shall treat a death described in sub6 section (b) in the same manner as the death of a member 

7 of the armed forces in action as the result of an act of an 

8 enemy of the United States. 

9 ‘‘(b) A death described in this subsection is either of 

10 the following: 

11 ‘‘(1) The death of a member of the armed forces 

12 who dies in captivity under circumstances estab13 lishing eligibility for the prisoner-of-war medal under 

14 section 1128 of this title but under circumstances not 

15 otherwise establishing eligibility for the Purple Heart. 

16 ‘‘(2) The death of a member or former member 

17 of the armed forces who following captivity as a pris18 oner of war is issued the prisoner-of-war medal under 

19 section 1128 of this title and who dies due to a dis20 ease or disability that was incurred during that cap21 tivity, unless the member or former member received 

22 a Purple Heart due to the injury or conditions result23 ing in that disease or disability. 

24 ‘‘(c) The Secretary of Defense shall prescribe regula25 tions for determining eligibility for the Purple Heart under 

26 this section. Such regulations shall include criteria for the 


sroberts on PROD1PC70 with BILLS
151 

•HR 5122 RH 

1 determination under paragraph (2) of subsection (b) of 

2 whether a death is due to a disease or disability incurred 

3 while a prisoner of war. 

4 ‘‘(d) This section applies to any member of the armed 

5 forces who is held as a prisoner of war after December 7, 

6 1941. ’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections at 

8 the beginning of such chapter is amended by adding after 

9 the item relating to section 1135, as added by section 

10 552(b), the following new item: 

‘‘1136. Purple Heart: posthumous award for prisoners of war or former prisoners 

of war dying in or due to captivity.’’. 

11 (c) RETROACTIVE AWARDS.—In the case of a member 

12 or former member of the Armed Forces covered by section 

13 1135 of title 10, United States Code, whose death is before 

14 the date of the enactment of this Act, the Secretary con15 cerned shall award the Purple Heart under that section 

16 upon receipt of an application that is made to the Secretary 

17 in such manner, and containing such information, as the 

18 Secretary requires. 

19 SEC. 554. ADVANCEMENT ON THE RETIRED LIST OF CER20 TAIN DECORATED RETIRED NAVY AND MA21 RINE CORPS OFFICERS. 

22 (a) ADVANCEMENT ON RETIRED LIST.—The Secretary 

23 of the Navy shall, upon receipt of a qualifying application, 

24 advance on the retired list of the Navy or Marine Corps, 


sroberts on PROD1PC70 with BILLS
152 

•HR 5122 RH 

1 as applicable, any retired officer of the Navy or Marine 

2 Corps described in subsection (b). Each such officer shall 

3 be advanced to the next higher grade above the officer’s re4 tired grade as of the day before the date of the enactment 

5 of this Act. 

6 (b) COVERED OFFICERS.—Subsection (a) applies to 

7 any retired officer of the Navy or Marine Corps— 

8 (1) who was eligible to retire before November 1, 

9 1959, but who retired on or after that date; and 

10 (2) who, under the provisions of law in effect be11 fore November 1, 1959, would have been eligible, by 

12 reason of having been specifically commended for per13 formance of duty in actual combat, to have been re14 tired in the next higher grade if the officer had retired 

15 before that date. 

16 (c) QUALIFYING APPLICATION.—A qualifying applica17 tion is an application from an officer described in sub18 section (b) or, in the case of a deceased officer, the surviving 

19 spouse or another immediate family member (as determined 

20 by the Secretary) of the officer, that— 

21 (1) requests advancement on the retired list 

22 under this section; and 

23 (2) provides such information as the Secretary 

24 may require. 


sroberts on PROD1PC70 with BILLS
153 

•HR 5122 RH 

1 (d) EFFECT OF ADVANCEMENT ON RETIRED LIST.— 

2 The advancement of an officer on the retired list pursuant 

3 to subsection (a) shall not affect— 

4 (1) in the case of a retired office who is living 

5 as of the date of the enactment of this Act, the retired 

6 pay or other benefits of the officer or the grade in 

7 which the officer could be ordered or recalled to active 

8 duty; and 

9 (2) any benefit to which any other person is or 

10 may become entitled based upon the officer’s service. 

11 SEC. 555. REPORT ON DEPARTMENT OF DEFENSE PROCESS 

12 FOR AWARDING DECORATIONS. 

13 (a) REVIEW.— The Secretary of Defense shall conduct 

14 a review of the policy, procedures, and processes of the mili15 tary departments for awarding decorations to members of 

16 the Armed Forces. 

17 (b) TIME PERIODS.—As part of the review, the Sec18 retary shall determine how long the award process takes— 

19 (1) from the time a recommendation for the 

20 award of a decoration is submitted until the time the 

21 award of the decoration is approved; and 

22 (2) from the time award of a decoration is ap23 proved until the time when the decoration is presented 

24 to the recipient. 


sroberts on PROD1PC70 with BILLS
154 

•HR 5122 RH 

1 (c) RESERVE COMPONENTS.—In conducting the re2 view, the Secretary shall ensure that the timeliness of the 

3 awards process for members of the reserve components is 

4 the same or similar as that for members of the active compo5 nents. 

6 (d) REPORT.—Not later than 90 days after the date 

7 of the enactment of this Act, the Secretary shall submit to 

8 the Committee on Armed Services of the Senate and the 

9 Committee on Armed Services of the House of Representa10 tives a report containing the Secretary’s findings as a result 

11 of the review under subsection (a), together with a plan for 

12 implementing whatever changes are determined to be appro13 priate to the process for awarding decorations in order to 

14 ensure that decorations are awarded in a timely manner, 

15 to the extent practicable. 

16 Subtitle G—Matters Relating to 

17 Casualties 

18 SEC. 561. CRITERIA FOR REMOVAL OF MEMBER FROM TEM19 PORARY DISABILITY RETIRED LIST. 

20 (a) CRITERIA.—Section 1210(e) of title 10, United 

21 States Code, is amended by inserting ‘‘of a permanent na22 ture and stable and is’’ after ‘‘physical disability’’. 

23 (b) EFFECTIVE DATE.—The amendment made by sub24 section (a) shall apply to any case received for considerVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
155 

•HR 5122 RH 

1 ation by a physical evaluation board after the date of the 

2 enactment of this Act. 

3 SEC. 562. DEPARTMENT OF DEFENSE COMPUTER/ELEC4 TRONIC ACCOMMODATIONS PROGRAM FOR 

5 SEVERELY WOUNDED MEMBERS. 

6 (a) IN GENERAL.—Chapter 58 of title 10, United 

7 States Code, is amended by inserting after section 1150 the 

8 following new section: 

9 ‘‘§ 1151. Severely wounded members: assistive tech10 nology and services 

11 ‘‘(a) AUTHORITY.—The Secretary of Defense may pro12 vide assistive technology, assistive technology devices, and 

13 assistive technology services, as those terms are defined in 

14 section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 

15 3002), to a member of the armed forces who has sustained 

16 a severe or debilitating illness or injury while serving in 

17 support of a contingency operation. 

18 ‘‘(b) DURATIONAND PROVISIONOF TECHNOLOGY AND

19 SERVICES.—The Secretary may provide technology and 

20 services authorized by subsection (a) for an indefinite pe21 riod, without regard to whether the person assisted con22 tinues to be a member of the armed forces. 

23 ‘‘(c) AUTHORITY TO ALLOW RETENTION OF DEVICES, 

24 ETC.—Upon the separation from active service of a member 

25 who has been provided assistance as specified in subsection 


sroberts on PROD1PC70 with BILLS
156 

•HR 5122 RH 

1 (a), the Secretary may allow the member to retain any as2 sistive technology, device, or service provided to the member 

3 before the member’s separation.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections at 

5 the beginning of such chapter is amended by inserting after 

6 the item relating to section 1150 the following new item: 

‘‘1151. Severely wounded members: assistive technology and services.’’. 

7 SEC. 563. TRANSPORTATION OF REMAINS OF CASUALTIES 

8 DYING IN A THEATER OF COMBAT OPER9 ATIONS. 

10 (a) IN GENERAL.—The Secretary concerned shall pro11 vide transportation of the remains of a member of the 

12 Armed Forces who dies in a combat theater of operations 

13 and whose remains are returned to the United States 

14 through the mortuary facility at Dover Air Force Base, 

15 Delaware, in accordance with section 1482(a)(8) of title 10, 

16 United States Code, and this section. 

17 (b) ESCORT.—The Secretary concerned shall ensure 

18 that such remains are escorted under that section at all 

19 times by at least one person, who shall be a member of the 

20 Armed Forces of appropriate grade. 

21 (c) AIR TRANSPORTATION FROM DOVER AFB.— 

22 (1) USE OF MILITARY AIRCRAFT.—If transpor23 tation of remains described in subsection (a) from 

24 Dover Air Force Base to the escorted remains destina25 tion includes transportation by aircraft, such transVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
157 

•HR 5122 RH 

1 portation by aircraft (unless otherwise directed by the 

2 next-of-kin) shall be made by military aircraft or 

3 military-contracted aircraft to the military airfield 

4 that is closest to the escorted remains destination. In 

5 the case of any such flight, the exclusive mission of the 

6 flight shall be the transportation of those remains. 

7 (2) ESCORTED REMAINS DESTINATION.—In this 

8 subsection, the term ‘‘escorted remains destination’’ 

9 means the place to which remains are to be trans10 ported pursuant to section 1482(a)(8) of title 10, 

11 United States Code. 

12 (d) HONOR GUARD ESCORT.—In a case of the trans13 portation of remains covered by subsection (a), there shall 

14 be a military escort (in addition to the escort under sub15 section (b)) that either travels with the remains from Dover 

16 Air Force Base or meets the remains at the place to which 

17 transportation by air (or by rail or motor vehicle, if appli18 cable) is made. Such escort shall be of sufficient number 

19 to transfer the casket containing the remains from the air20 craft (or other means of transportation to that place) to 

21 a hearse for local transportation. Such escort shall remain 

22 with the remains until the remains are delivered to the 

23 next-of-kin. Such escort shall consist of members of the 

24 Armed Forces on active duty or in the Ready Reserve. 


sroberts on PROD1PC70 with BILLS
158 

•HR 5122 RH 

1 SEC. 564. ANNUAL BUDGET DISPLAY OF FUNDS FOR POW/ 

2 MIA ACTIVITIES OF DEPARTMENT OF DE3 FENSE. 

4 (a) CONSOLIDATED BUDGET JUSTIFICATION.—Chap5 ter 9 of title 10, United States Code, is amended by adding 

6 at the end the following new section: 

7 ‘‘§ 234. POW/MIA activities: display of budget informa8 tion 

9 ‘‘(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICA10 TION DOCUMENTS.—The Secretary of Defense shall submit 

11 to Congress, as a part of the defense budget materials for 

12 a fiscal year, a consolidated budget justification display, 

13 in classified and unclassified form, that covers all programs 

14 and activities of Department of Defense POW/MIA account15 ing and recovery organizations. 

16 ‘‘(b) REQUIREMENTS FOR BUDGET DISPLAY.—The 

17 budget display under subsection (a) for a fiscal year shall 

18 include the following for each such organization: 

19 ‘‘(1) The amount, by appropriation and func20 tional area, originally requested by that organization 

21 for that fiscal year, with the supporting narrative de22 scribing the rationale for the requested funding level. 

23 ‘‘(2) A summary of actual or estimated expendi24 tures by that organization for the fiscal year during 

25 which the budget is submitted and for the fiscal year 

26 preceding that year. 


sroberts on PROD1PC70 with BILLS
159 

•HR 5122 RH 

1 ‘‘(3) The amount in the budget for that organiza2 tion. 

3 ‘‘(4) A detailed explanation of any inconsist4 encies between the amount originally requested by the 

5 organization (shown pursuant to paragraph (1)) and 

6 the amount in the budget for that organization 

7 (shown pursuant to paragraph (3)). 

8 ‘‘(5) The budget estimate for that organization 

9 for the next five fiscal years after the fiscal year for 

10 which the budget is submitted. 

11 ‘‘(c) DEPARTMENT OF DEFENSE POW/MIA ACCOUNT12 ING AND RECOVERY ORGANIZATIONS.—In this section, the 

13 term ‘Department of Defense POW/MIA accounting and re14 covery organization’ means any of the following (and any 

15 successor organization): 

16 ‘‘(1) The Defense Prisoner of War/Missing Per17 sonnel Office (DPMO). 

18 ‘‘(2) The Joint POW/MIA Accounting Command 

19 (JPAC). 

20 ‘‘(3) The Armed Forces DNA Identification Lab21 oratory (AFDIL). 

22 ‘‘(4) The Life Sciences Equipment Laboratory 

23 (LSEL) of the Air Force. 

24 ‘‘(5) Any other element of the Department of De25 fense the mission of which (as designated by the SecVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
160 

•HR 5122 RH 

1 retary of Defense) involves the accounting for and re2 covery of members of the armed forces who are miss3 ing in action or prisoners of war or who are unac4 counted for. 

5 ‘‘(d) OTHER DEFINITIONS.—In this section: 

6 ‘‘(1) The term ‘budget’, with respect to a fiscal 

7 year, means the budget for that fiscal year that is 

8 submitted to Congress by the President under section 

9 1105(a) of title 31. 

10 ‘‘(2) The term ‘defense budget materials’, with 

11 respect to a fiscal year, means the materials sub12 mitted to Congress by the Secretary of Defense in sup13 port of the budget for that fiscal year.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of such chapter is amended by adding at the 

16 end the following new item: 

‘‘234. POW/MIA activities: display of budget information.’’. 


sroberts on PROD1PC70 with BILLS
161 

•HR 5122 RH 

1 Subtitle H—Assistance to Local 

2 Educational Agencies for De3 fense Dependents Education 

4 SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

5 EDUCATIONAL AGENCIES THAT BENEFIT DE6 PENDENTS OF MEMBERS OF THE ARMED 

7 FORCES AND DEPARTMENT OF DEFENSE CI8 VILIAN EMPLOYEES. 

9 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

10 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

11 amount authorized to be appropriated pursuant to section 

12 301(5) for operation and maintenance for Defense-wide ac13 tivities, $50,000,000 shall be available only for the purpose 

14 of providing assistance to local educational agencies under 

15 subsection (a) of section 572 of the National Defense Author16 ization Act for Fiscal Year 2006 (Public Law 109–163; 119 

17 Stat. 3271; 20 U.S.C. 7703b). 

18 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

19 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

20 CHANGES, OR FORCE RELOCATIONS.—Of the amount au21 thorized to be appropriated pursuant to section 301(5) for 

22 operation and maintenance for Defense-wide activities, 

23 $15,000,000 shall be available only for the purpose of pro24 viding assistance to local educational agencies under sub25 section (b) of such section 572. 


sroberts on PROD1PC70 with BILLS
162 

•HR 5122 RH 

1 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 

2 section, the term ‘‘local educational agency’’ has the mean3 ing given that term in section 8013(9) of the Elementary 

4 and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 

5 SEC. 572. ENROLLMENT IN DEFENSE DEPENDENTS’ EDU6 CATION SYSTEM OF DEPENDENTS OF FOR7 EIGN MILITARY MEMBERS ASSIGNED TO SU8 PREME HEADQUARTERS ALLIED POWERS, EU9 ROPE. 

10 Section 1404A of the Defense Dependents’ Education 

11 Act of 1978 (20 U.S.C. 923a) is amended— 

12 (1) in subsection (a)— 

13 (A) by striking ‘‘of the children’’ and insert14 ing ‘‘of— 

15 ‘‘(1) the children’’; 

16 (B) by striking the period at the end and 

17 inserting ‘‘; and’’; and 

18 (C) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) the children of a foreign military member 

21 assigned to the Supreme Headquarters Allied Powers, 

22 Europe, but only in a school of the defense depend23 ents’ education system in Mons, Belgium.’’; and 

24 (2) by adding at the end the following new sub25 section: 


sroberts on PROD1PC70 with BILLS
163 

•HR 5122 RH 

1 ‘‘(c) SPECIAL RULES REGARDING ENROLLMENT OF

2 DEPENDENTS OF FOREIGN MILITARY MEMBERS ASSIGNED

3 TO SUPREME HEADQUARTERS ALLIED POWERS, EU4 ROPE.—(1) In the regulations required by subsection (a), 

5 the Secretary shall prescribe a methodology based on the 

6 estimated total number of dependents of sponsors under sec7 tion 1414(2) enrolled in schools of the defense dependents’ 

8 education system in Mons, Belgium, to determine the num9 ber of children described in paragraph (2) of subsection (a) 

10 who will be authorized to enroll under such subsection. 

11 ‘‘(2) If the number of children described in paragraph 

12 (2) of subsection (a) who seek enrollment in schools of the 

13 defense dependents’ education system in Mons, Belgium, ex14 ceeds the number authorized by the Secretary under para15 graph (1), the Secretary may enroll the additional children 

16 on a space-available, tuition-free basis notwithstanding sec17 tion 1404(d)(2).’’. 

18 Subtitle I—Postal Benefits 

19 SEC. 575. POSTAL BENEFITS PROGRAM FOR MEMBERS OF 

20 THE ARMED FORCES. 

21 (a) IN GENERAL.—The Secretary of Defense, in con22 sultation with the United States Postal Service, shall pro23 vide for a program under which postal benefits shall be pro24 vided to qualified individuals in accordance with this sub25 title. 


sroberts on PROD1PC70 with BILLS
164 

•HR 5122 RH 

1 (b) QUALIFIED INDIVIDUAL.—For purposes of this sub2 title, the term ‘‘qualified individual’’ means an indi3 vidual— 

4 (1) who is a member of the Armed Forces on ac5 tive duty (as defined in section 101 of title 10, United 

6 States Code); and 

7 (2) who is— 

8 (A) serving in Iraq or Afghanistan; or 

9 (B) hospitalized at a facility under the ju10 risdiction of the Armed Forces as a result of a 

11 disease or injury incurred as a result of service 

12 in Iraq or Afghanistan. 

13 (c) POSTAL BENEFITS DESCRIBED.— 

14 (1) INGENERAL.—The postal benefits provided 

15 under this subtitle shall consist of such coupons or 

16 other similar evidence of credit (whether in printed, 

17 electronic, or other format, and hereinafter in this 

18 subtitle referred to as ‘‘vouchers’’) as the Secretary of 

19 Defense (in consultation with the Postal Service) shall 

20 determine, entitling the bearer or user to make quali21 fied mailings free of postage. 

22 (2) QUALIFIED MAILING.—For purposes of this 

23 subtitle, the term ‘‘qualified mailing’’ means the mail24 ing of any mail matter which— 


sroberts on PROD1PC70 with BILLS
165 

•HR 5122 RH 

1 (A) is described in subparagraph (A), (B), 

2 (C), or (D) of paragraph (3); 

3 (B) is sent from within an area served by 

4 a United States post office; and 

5 (C) is addressed to a qualified individual. 

6 (3) MAIL MATTER DESCRIBED.—The mail matter 

7 described in this paragraph is— 

8 (A) any letter mail not exceeding 13 ounces 

9 in weight and having the character of personal 

10 correspondence; 

11 (B) any sound- or video-recorded commu12 nications not exceeding 15 pounds in weight and 

13 having the character of personal correspondence; 

14 (C) any ground parcel not exceeding 15 

15 pounds in weight; and 

16 (D) any bound printed matter not exceeding 

17 15 pounds in weight. 

18 (4) LIMITATIONS.— 

19 (A) NUMBER.—An individual shall be eligi20 ble for one voucher for each month in which such 

21 individual is a qualified individual. 

22 (B) USE.—Any such voucher may not be 

23 used— 

24 (i) for more than a single qualified 

25 mailing; or 


sroberts on PROD1PC70 with BILLS
166 

•HR 5122 RH 

1 (ii) after the earlier of— 

2 (I) the expiration date of such 

3 voucher, as designated by the Secretary 

4 of Defense; or 

5 (II) the last day of the one-year 

6 period referred to in section 577. 

7 (5) COORDINATION RULE.—Postal benefits under 

8 this subtitle shall be in addition to, and not in lieu 

9 of, any reduced rates of postage or other similar bene10 fits which might otherwise be available by or under 

11 law, including any rates of postage resulting from the 

12 application of section 3401(b) of title 39, United 

13 States Code. 

14 (d) REGULATIONS.—Not later than 30 days after the 

15 date of the enactment of this Act, the Secretary of Defense 

16 (in consultation with the Postal Service) shall prescribe any 

17 regulations necessary to carry out this subtitle, including— 

18 (1) procedures by which vouchers will be pro19 vided or made available (including measures to allow 

20 vouchers to reach, in a timely manner, the persons se21 lected by qualified individuals to use the vouchers); 

22 and 

23 (2) procedures to ensure that the number of 

24 vouchers provided or made available with respect to 


sroberts on PROD1PC70 with BILLS
167 

•HR 5122 RH 

1 any qualified individual complies with subsection 

2 (c)(4)(A). 

3 SEC. 576. FUNDING. 

4 (a) IN GENERAL.—Funding for the expenses incurred 

5 by the Department of Defense for any fiscal year in pro6 viding postal benefits under this subtitle shall be paid out 

7 of funds authorized to be appropriated for that fiscal year 

8 for a contingent emergency reserve fund or as an emergency 

9 supplemental appropriations. 

10 (b) TRANSFERS TO POSTAL SERVICE.— 

11 (1) BASED ONESTIMATES.—The Secretary of 

12 Defense shall transfer to the Postal Service, out of any 

13 amount so appropriated and in advance of each cal14 endar quarter during which postal benefits under this 

15 subtitle may be used, an amount equal to the amount 

16 of postal benefits that the Secretary of Defense esti17 mates will be used during such quarter, reduced or 

18 increased (as the case may be) by any amounts by 

19 which the Secretary finds that a determination under 

20 this subtitle for a prior quarter was greater than or 

21 less than the amount finally determined for such 

22 quarter. 

23 (2) BASED ON FINAL DETERMINATION.—A final 

24 determination of the amount necessary to correct any 

25 previous determination under this section, and any 


sroberts on PROD1PC70 with BILLS
168 

•HR 5122 RH 

1 transfer of amounts between the Postal Service and 

2 the Department of Defense based on that final deter3 mination, shall be made not later than six months 

4 after the end of the one-year period referred to in sec5 tion 577. 

6 (c) CONSULTATION REQUIRED.—All estimates and de7 terminations under this section of the amount of postal ben8 efits under this subtitle used in any period shall be made 

9 by the Secretary of Defense in consultation with the Postal 

10 Service. 

11 SEC. 577. DURATION. 

12 The postal benefits under this subtitle shall apply with 

13 respect to mail matter sent during the one-year period be14 ginning on the date on which the regulations under section 

15 575(d) take effect. 

16 Subtitle J—Other Matters 

17 SEC. 581. REDUCTION IN DEPARTMENT OF DEFENSE AC18 CRUAL CONTRIBUTIONS TO DEPARTMENT OF 

19 DEFENSE MILITARY RETIREMENT FUND. 

20 (a) DETERMINATION OF CONTRIBUTIONS TO THE

21 FUND.— 

22 (1) CALCULATION OF ANNUAL DEPARTMENT OF

23 DEFENSE CONTRIBUTION.—Subsection (b)(1) of sec24 tion 1465 of title 10, United States Code, is amend25 ed— 


sroberts on PROD1PC70 with BILLS
169 

•HR 5122 RH 

1 (A) in subparagraph (A)(ii), by striking ‘‘to 

2 members of ’’ and all that follows and inserting 

3 ‘‘for active duty (other than the Coast Guard) 

4 and for full-time National Guard duty (other 

5 than full-time National Guard duty for training 

6 only), but excluding any duty that would be ex7 cluded for active-duty end strength purposes by 

8 section 115(i) of this title.’’; and 

9 (B) in subparagraph (B)(ii)— 

10 (i) by striking ‘‘Ready Reserve’’ and 

11 inserting ‘‘Selected Reserve’’; and 

12 (ii) by striking ‘‘Coast Guard and 

13 other than members on full-time National 

14 Guard duty other than for training) who 

15 are’’ and inserting ‘‘Coast Guard) for serv16 ice’’. 

17 (2) QUADRENNIAL ACTUARIAL VALUATION.—Sub18 section (c)(1) of such section is amended — 

19 (A) in subparagraph (A), by striking ‘‘for 

20 members of the armed forces’’ and all that fol21 lows through ‘‘for training only)’’ and inserting 

22 ‘‘for active duty (other than the Coast Guard) 

23 and for full-time National Guard duty (other 

24 than full-time National Guard duty for training 

25 only), but excluding any duty that would be exVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
170 

•HR 5122 RH 

1 cluded for active-duty end strength purposes by 

2 section 115(i) of this title’’; and 

3 (B) in subparagraph (B)— 

4 (i) by striking ‘‘Ready Reserve’’ and 

5 inserting ‘‘Selected Reserve’’; and 

6 (ii) by striking ‘‘Coast Guard and 

7 other than members on full-time National 

8 Guard duty other than for training) who 

9 are’’ and inserting ‘‘Coast Guard) for serv10 ice’’. 

11 (b) PAYMENTS INTO THE FUND.—Section 1466(a) of 

12 such title is amended— 

13 (1) in paragraph (1)(B), by striking ‘‘by mem14 bers’’ and all that follows and inserting ‘‘for active 

15 duty (other than the Coast Guard) and for full-time 

16 National Guard duty (other than full-time National 

17 Guard duty for training only), but excluding any 

18 duty that would be excluded for active-duty end 

19 strength purposes by section 115(i) of this title’’; and 

20 (2) in paragraph (2)(B)— 

21 (A) by striking ‘‘Ready’’ and inserting ‘‘Se22 lected’’; and 

23 (B) by striking ‘‘Coast Guard and other 

24 than members on full-time National Guard duty 


sroberts on PROD1PC70 with BILLS
171 

•HR 5122 RH 

1 other than for training) who are’’ and inserting 

2 ‘‘Coast Guard) for service’’. 

3 SEC. 582. DENTAL CORPS OF THE BUREAU OF MEDICINE 

4 AND SURGERY. 

5 (a) DELETIONOF REFERENCES TO DENTAL DIVI6 SION.—Section 5138 of title 10, United States Code, is 

7 amended— 

8 (1) in subsection (a)— 

9 (A) by striking the first sentence; and 

10 (B) by striking ‘‘Dental Division’’ and in11 serting ‘‘Dental Corps’’ in the second sentence; 

12 (2) in subsection (b), by striking ‘‘Dental Divi13 sion’’ and inserting ‘‘Dental Corps’’; 

14 (3) in subsection (c)— 

15 (A) by striking ‘‘so’’ in the first sentence; 

16 (B) by striking ‘‘, that all such’’ in the first 

17 sentence and all that follows through ‘‘Dental Di18 vision’’; and 

19 (C) by striking the second sentence.; and 

20 (b) FUNCTIONS OF CHIEF OF DENTAL CORPS.—Sub21 section (d) of such section is amended to read as follows: 

22 ‘‘(d) The Chief of the Dental Corps shall serve as the 

23 advisor to the Surgeon General on all matters relating di24 rectly to dentistry, including professional standards and 

25 policies for dental practice.’’. 


sroberts on PROD1PC70 with BILLS
172 

•HR 5122 RH 

1 (c) CLERICAL AMENDMENTS.— 

2 (1) The heading of such section is amended to 

3 read as follows: 

4 ‘‘§ 5138. Bureau of Medicine and Surgery: Dental 

5 Corps; Chief’’. 

6 (2) The item relating to section 5138 in the table 

7 of sections at the beginning of chapter 513 of such 

8 title is amended to read as follows: 

‘‘5138. Bureau of Medicine and Surgery: Dental Corps; Chief.’’. 

9 SEC. 583. PERMANENT AUTHORITY FOR PRESENTATION OF 

10 RECOGNITION ITEMS FOR RECRUITMENT 

11 AND RETENTION PURPOSES. 

12 Section 2261 of title 10, United States Code, is amend13 ed by striking subsection (d). 

14 SEC. 584. REPORT ON FEASIBILITY OF ESTABLISHMENT OF 

15 MILITARY ENTRANCE PROCESSING COMMAND 

16 STATION ON GUAM. 

17 (a) REVIEW.—The Secretary of Defense shall review 

18 the feasibility and cost effectiveness of establishing on Guam 

19 a station of the Military Entrance Processing Command 

20 to process new recruits for the Armed Forces who are drawn 

21 from the western Pacific region. For the purposes of the re22 view, the cost effectiveness of establishing such a facility on 

23 Guam shall be measured, in part, against the system in 

24 effect in early 2006 of using Hawaii and other locations 


sroberts on PROD1PC70 with BILLS
173 

•HR 5122 RH 

1 for the processing of new recruits from Guam and other lo2 cations in the western Pacific region. 

3 (b) REPORT.—Not later than June 1, 2007, the Sec4 retary shall submit to the Committee on Armed Services 

5 of the Senate and the Committee on Armed Services of the 

6 House of Representatives a report providing the results of 

7 the study under subsection (a). 

8 SEC. 585. PERSONS AUTHORIZED TO ADMINISTER ENLIST9 MENT AND APPOINTMENT OATHS. 

10 (a) ENLISTMENT OATH.—Section 502 of title 10, 

11 United States Code, is amended— 

12 (1) by inserting ‘‘(a) ENLISTMENT OATH.—’’ be13 fore ‘‘Each person enlisting’’; 

14 (2) by striking the last sentence; and 

15 (3) by adding at the end the following: 

16 ‘‘(b) WHO MAY ADMINISTER.—The oath may be taken 

17 before the President, the Vice-President, the Secretary of De18 fense, any commissioned officer, or any other person des19 ignated under regulations prescribed by the Secretary of De20 fense.’’. 

21 (b) OATHS GENERALLY.—Section 1031 of such title is 

22 amended by striking ‘‘Any commissioned officer of any 

23 component of an armed force, whether or not on active duty, 

24 may administer any oath’’ and inserting ‘‘The President, 

25 the Vice-President, the Secretary of Defense, any commisVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
174 

•HR 5122 RH 

1 sioned officer, and any other person designated under regu2 lations prescribed by the Secretary of Defense may admin3 ister any oath’’. 

4 SEC. 586. REPEAL OF REQUIREMENT FOR PERIODIC DE5 PARTMENT OF DEFENSE INSPECTOR GEN6 ERAL ASSESSMENTS OF VOTING ASSISTANCE 

7 COMPLIANCE AT MILITARY INSTALLATIONS. 

8 (a) REPEAL OF DUPLICATIVE ASSESSMENT REQUIRE9 MENT.—Section 1566 of title 10, United States Code, is 

10 amended by striking subsection (d). 

11 (b) REPEAL OF EXPIRED PROVISION.—Subsection 

12 (g)(2) of such section is amended by striking the last sen13 tence. 

14 SEC. 587. PHYSICAL EVALUATION BOARDS. 

15 (a) IN GENERAL.— 

16 (1) PROCEDURAL REQUIREMENTS.—Chapter 61 

17 of title 10, United States Code, is amended by adding 

18 at the end the following new section: 

19 ‘‘§ 1222. Physical evaluation boards 

20 ‘‘(a) RESPONSE TO APPLICATIONS AND APPEALS.— 

21 The Secretary of each military department shall ensure, in 

22 the case of any member of the armed forces appearing before 

23 a physical evaluation board under that Secretary’s super24 vision, that documents announcing a decision of the board 

25 in the case convey the findings and conclusions of the board 


sroberts on PROD1PC70 with BILLS
175 

•HR 5122 RH 

1 in an orderly and itemized fashion with specific attention 

2 to each issue presented by the member in regard to that 

3 member’s case. The requirement under the preceding sen4 tence applies to a case both during initial consideration 

5 and upon subsequent consideration due to appeal by the 

6 member or other circumstance. 

7 ‘‘(b) LIAISON OFFICER (PEBLO) REQUIREMENTS AND

8 TRAINING.—(1) The Secretary of Defense shall prescribe 

9 regulations establishing — 

10 ‘‘(A) a requirement for the Secretary of each 

11 military department to make available to members of 

12 the armed forces appearing before physical evaluation 

13 boards operated by that Secretary employees, des14 ignated as physical evaluation board liaison officers, 

15 to provide advice, counsel, and general information to 

16 such members on the operation of physical evaluation 

17 boards operated by that Secretary; and 

18 ‘‘(B) standards and guidelines concerning the 

19 training of such physical evaluation board liaison of20 ficers. 

21 ‘‘(2) The Secretary shall assess compliance by the Sec22 retary of each military department with physical evalua23 tion board liaison officer requirements and training stand24 ards and guidelines at least once every three years. 


sroberts on PROD1PC70 with BILLS
176 

•HR 5122 RH 

1 ‘‘(c) STANDARDIZED STAFF TRAINING AND OPER2 ATIONS.—(1) The Secretary of Defense shall prescribe regu3 lations on standards and guidelines concerning the physical 

4 evaluation board operated by each of the Secretaries of the 

5 military departments with regard to— 

6 ‘‘(A) assignment and training of staff; 

7 ‘‘(B) operating procedures; and 

8 ‘‘(C) consistency and timeliness of board deci9 sions. 

10 ‘‘(2) The Secretary shall assess compliance with stand11 ards and guidelines prescribed under paragraph (1) by each 

12 physical evaluation board at least once every three years.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of such chapter is amended by 

15 adding at the end the following new item: 

‘‘1222. Physical evaluation boards.’’. 

16 (b) EFFECTIVE DATE.—Section 1222 of title 10, 

17 United States Code, as added by subsection (a), shall apply 

18 with respect to decisions rendered on cases commenced more 

19 than 120 days after the date of the enactment of this Act. 

20 SEC. 588. DEPARTMENT OF LABOR TRANSITIONAL ASSIST21 ANCE PROGRAM. 

22 (a) REQUIRED PARTICIPATIONFOR CERTAIN MEM23 BERS.—Subsection (c) of section 1144 of title 10, United 

24 States Code, is amended to read as follows: 


sroberts on PROD1PC70 with BILLS
177 

•HR 5122 RH 

1 ‘‘(c) PARTICIPATION.—(1) Except as provided in para2 graph (2), the Secretary of Defense shall require participa3 tion by members of the armed forces eligible for assistance 

4 under the program carried out under this section. 

5 ‘‘(2) The Secretary of Defense need not require, but 

6 shall encourage and otherwise promote, participation in the 

7 program by the following members described in paragraph 

8 (1): 

9 ‘‘(A) A member who has previously participated 

10 in the program. 

11 ‘‘(B) A member who, upon discharge or release 

12 from active duty, is returning to— 

13 ‘‘(i) a position of employment; or 

14 ‘‘(ii) pursuit of an academic degree or other 

15 educational or occupational training objective 

16 that the members was pursuing when called or 

17 ordered to such active duty. 

18 ‘‘(3) Members of the armed forces eligible for assistance 

19 under this section include— 

20 ‘‘(A) members of the reserve components being 

21 separated from service on active duty for a period of 

22 more than 30 days; and 

23 ‘‘(B) members of the National Guard being sepa24 rated from full-time National Guard duty. 


sroberts on PROD1PC70 with BILLS
178 

•HR 5122 RH 

1 ‘‘(4) The Secretary concerned shall ensure that com2 manders of members who are required to be provided assist3 ance under this section authorize the members to be pro4 vided such assistance during duty time.’’. 

5 (b) REQUIRED UPDATING OF MATERIALS.—Such sec6 tion is further amended by adding at the end the following 

7 new subsection: 

8 ‘‘(e) UPDATING OF MATERIALS.—The Secretary con9 cerned shall, on a continuing basis, update the content of 

10 the materials used by the National Veterans Training Insti11 tute of the Department of Labor and the Secretary’s other 

12 materials that provide direct training support to personnel 

13 who carry out the program established in this section.’’. 

14 SEC. 589. REVISION IN GOVERNMENT CONTRIBUTIONS TO 

15 MEDICARE-ELIGIBLE RETIREE HEALTH CARE 

16 FUND. 

17 (a) MEDICARE ELIGIBLE RETIREE HEALTH CARE

18 FUND.—Section 1111 of title 10, United States Code, is 

19 amended— 

20 (1) in subsection (a), by striking ‘‘of the Depart21 ment of Defense’’; 

22 (2) in subsection (b), by adding at the end of the 

23 following new paragraph: 

24 ‘‘(5) The term ‘members of the uniformed services 

25 on active duty’ does not include a cadet at the United 


sroberts on PROD1PC70 with BILLS
179 

•HR 5122 RH 

1 States Military Academy, the United States Air Force 

2 Academy, or the Coast Guard Academy or a mid3 shipman at the United States Naval Academy.’’; and 

4 (3) in the last sentence of subsection (c)— 

5 (A) by striking ‘‘Secretary of Defense’’ and 

6 inserting ‘‘Secretary of the Treasury’’; and 

7 (B) by striking ‘‘section 1116(a)’’ and in8 serting ‘‘section 1116 of this title’’. 

9 (b) DETERMINATION OF CONTRIBUTIONS TO THE

10 FUND.—Section 1115 of such title is amended— 

11 (1) in the last sentence of subsection (a)— 

12 (A) by inserting ‘‘by the Secretary of the 

13 Treasury’’ after ‘‘Contributions to the Fund’’; 

14 and 

15 (B) by striking ‘‘section 1116(c)’’ and in16 serting ‘‘section 1116(a)(1)’’. 

17 (2) in subsection (b)— 

18 (A) in the matter preceding paragraph (1), 

19 by striking the first sentence and inserting the 

20 following: ‘‘The Secretary of the Treasury, based 

21 on data provided by the Secretary of Defense, 

22 shall determine, before the beginning of each fis23 cal year, the amount that the Secretary of the 

24 Treasury shall contribute to the Fund during 


sroberts on PROD1PC70 with BILLS
180 

•HR 5122 RH 

1 that fiscal year under section 1116(a)(2) of this 

2 title.’’; 

3 (B) in paragraph (1)(B), by inserting be4 fore the period at the end the following: ‘‘, but 

5 excluding any member who would be excluded for 

6 active-duty end strength purposes by section 

7 115(I) of this title’’; and 

8 (C) in paragraph (2)(B)— 

9 (I) by striking ‘‘Ready Reserve’’ and 

10 inserting ‘‘Selected Reserve’’; and 

11 (ii) by striking ‘‘(other than members 

12 on full-time National Guard duty other 

13 than for training)’’; and 

14 (3) in subsection (c)— 

15 (A) in paragraph (1)(A), by inserting before 

16 the semicolon the following: ‘‘, but excluding any 

17 member who would be excluded for active-duty 

18 end strength purposes by section 115(I) of this 

19 title’’; 

20 (B) in paragraph (1)(B)— 

21 (I) by striking ‘‘Ready Reserve’’ and 

22 inserting ‘‘Selected Reserve’’; and 

23 (ii) by striking ‘‘(other than members 

24 on full-time National Guard duty other 

25 than for training)’’; and 


sroberts on PROD1PC70 with BILLS
181 

•HR 5122 RH 

1 (C) in paragraph (5), by inserting after 

2 ‘‘(5)’’ the following new sentence: ‘‘The Secretary 

3 of Defense, before the beginning of each fiscal 

4 year, shall promptly provide data to the Sec5 retary of the Treasury regarding the actuarial 

6 valuations conducted under this subsection that 

7 would affect the contributions of the Secretary of 

8 the Treasury to the Fund for that fiscal year.’’. 

9 (c) PAYMENTS INTO THE FUND.—Section 1116 of such 

10 title is amended— 

11 (1) in the matter in subsection (a) preceding 

12 paragraph (1)— 

13 (A) by striking ‘‘after September 30, 2005’’; 

14 and 

15 (B) by striking ‘‘Treasury—’’ and inserting 

16 ‘‘Treasury the following:’’; 

17 (2) by redesignating paragraph (2) of subsection 

18 (a) as paragraph (3); 

19 (3) by striking paragraph (1) of subsection (a) 

20 and inserting the following: 

21 ‘‘(1) The amount determined to be required as 

22 the contribution to the Fund under subsection (a) of 

23 section 1115 of this title. 


sroberts on PROD1PC70 with BILLS
182 

•HR 5122 RH 

1 ‘‘(2) The amount determined to be required as 

2 the contribution to the Fund under subsection (b) of 

3 section 1115 of this title.’’; 

4 (4) in paragraph (3) of subsection (a) (as redes5 ignated by paragraph (2)), by capitalizing the first 

6 letter of the first word; 

7 (5) by transferring paragraphs (3), (4), and (5) 

8 of subsection (b) to the end of subsection (a) and re9 designating those paragraphs as paragraphs (4), (5), 

10 and (6), respectively; and 

11 (6) by striking subsection (b) (as amended by 

12 paragraph (5)) and subsections (c) and (d) and in13 serting the following new subsection (b): 

14 ‘‘(b) No funds authorized or appropriated to the De15 partment of Defense may be used to fund, or otherwise pro16 vide for, the payments required by this section.’’. 

17 (d) EFFECTIVE DATE.—The amendments made by this 

18 section shall take effect with respect to payments under 

19 chapter 56 of title 10, United States Code, beginning with 

20 fiscal year 2008. 

21 SEC. 590. MILITARY CHAPLAINS. 

22 (a) UNITED STATES ARMY.—Section 3547 of title 10, 

23 United States Code, is amended by adding at the end the 

24 following new subsection: 


sroberts on PROD1PC70 with BILLS
183 

•HR 5122 RH 

1 ‘‘(c) Each chaplain shall have the prerogative to pray 

2 according to the dictates of the chaplain’s own conscience, 

3 except as must be limited by military necessity, with any 

4 such limitation being imposed in the least restrictive man5 ner feasible.’’. 

6 (b) UNITED STATES MILITARY ACADEMY.—Section 

7 4337 of such title is amended— 

8 (1) by inserting ‘‘(a)’’ before ‘‘There’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(b) The Chaplain shall have the prerogative to pray 

12 according to the dictates of the Chaplain’s conscience, except 

13 as must be limited by military necessity, with any such 

14 limitation being imposed in the least restrictive manner 

15 feasible.’’. 

16 (c) UNITED STATES NAVY AND MARINE CORPS.—Sec17 tion 6031 of such title is amended by adding at the end 

18 the following new subsection: 

19 ‘‘(d) Each chaplain shall have the prerogative to pray 

20 according to the dictates of the chaplain’s own conscience, 

21 except as must be limited by military necessity, with any 

22 such limitation being imposed in the least restrictive man23 ner feasible.’’. 


sroberts on PROD1PC70 with BILLS
184 

•HR 5122 RH 

1 (d) UNITED STATES AIR FORCE.—Section 8547 of 

2 such title is amended by adding at the end the following 

3 new subsection: 

4 ‘‘(c) Each chaplain shall have the prerogative to pray 

5 according to the dictates of the chaplain’s own conscience, 

6 except as must be limited by military necessity, with any 

7 such limitation being imposed in the least restrictive man8 ner feasible.’’. 

9 (e) UNITED STATES AIR FORCE ACADEMY.—Section 

10 9337 of such title is amended— 

11 (1) by inserting ‘‘(a)’’ before ‘‘There’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(b) The Chaplain shall have the prerogative to pray 

15 according to the dictates of the Chaplain’s conscience, except 

16 as must be limited by military necessity, with any such 

17 limitation being imposed in the least restrictive manner 

18 feasible.’’. 

19 SEC. 591. REPORT ON PERSONNEL REQUIREMENTS FOR 

20 AIRBORNE ASSETS IDENTIFIED AS LOW-DEN21 SITY, HIGH-DEMAND AIRBORNE ASSETS. 

22 (a) REPORT REQUIRED.—Not later than 90 days after 

23 the date of the enactment of this Act, the Secretary of De24 fense shall submit to the Committee on Armed Services of 

25 the Senate and the Committee on Armed Services of the 


sroberts on PROD1PC70 with BILLS
185 

•HR 5122 RH 

1 House of Representatives a report on personnel require2 ments for airborne assets identified as Low-Density, High3 Demand Airborne Assets based on combatant commander 

4 requirements to conduct and sustain operations for the glob5 al war on terrorism. 

6 (b) MATTER TO BE INCLUDED.—The report shall in7 clude the following for each airborne asset identified as a 

8 Low-Density, High-Demand Airborne Asset: 

9 (1) The numbers of operations and maintenance 

10 crews to meet tasking contemplated to conduct oper11 ations for the global war on terrorism. 

12 (2) The current numbers of operations and 

13 maintenance crews. 

14 (3) If applicable, shortages of operations and 

15 maintenance crews. 

16 (4) Whether such shortages are addressed in the 

17 future-years defense program. 

18 (5) Whether end-strength increases are required 

19 to meet any such shortages. 

20 (6) Costs of personnel needed to address short21 falls. 

22 (7) If applicable, the number and types of equip23 ment needed to address training shortfalls. 


sroberts on PROD1PC70 with BILLS
186 

•HR 5122 RH 

1 SEC. 592. ENTREPRENEURIAL SERVICE MEMBERS EM2 POWERMENT TASK FORCE. 

3 (a) ESTABLISHMENT.—The Secretary of Defense, in 

4 coordination with the Administrator of the Small Business 

5 Administration, shall establish a task force to provide time6 ly input to the Secretary and the Administrator with re7 spect to— 

8 (1) measures that would improve the programs 

9 and activities of the Department and the Administra10 tion that are designed to address the economic con11 cerns, as well as the business challenges and opportu12 nities, of entrepreneurial service members; and 

13 (2) measures that would improve the coordina14 tion of the programs and activities relating to entre15 preneurial service members conducted by— 

16 (A) the National Committee for Employer 

17 Support of the National Guard and Reserve; 

18 (B) Veterans Business Outreach Centers; 

19 (C) Federal procurement entities; and 

20 (D) any other elements within, or affiliates 

21 of, the Department of Defense or the Small Busi22 ness Administration. 

23 (b) PLAN.—The task force shall develop within 90 days 

24 after its first meeting, and revise as appropriate thereafter, 

25 a plan for carrying out the duty under subsection (a). 


sroberts on PROD1PC70 with BILLS
187 

•HR 5122 RH 

1 (c) CONSULTATION.—In carrying out the duty under 

2 subsection (a), the task force shall consult with appropriate 

3 Federal, State, and local agencies and appropriate elements 

4 of the private sector, including academic institutions and 

5 industry representatives. 

6 (d) COMPOSITION.— 

7 (1) CO-CHAIRS.—The task force shall have two 

8 co-chairs, one an officer or employee of the Depart9 ment of Defense assigned by the Secretary, and one 

10 an officer or employee of the Small Business Adminis11 tration assigned by the Administrator. The initial as12 signments shall be made within 60 days after the date 

13 of the enactment of this Act. 

14 (2) OTHER MEMBERS.—The Secretary, in co15 ordination with the Administrator, shall appoint the 

16 remaining task force members, numbering not less 

17 than 8 and not more than 15. The selections shall be 

18 made within 120 days after the date of the enactment 

19 of this Act. The Secretary, in coordination with the 

20 Administrator, shall ensure that the task force in21 cludes individuals from both public service and the 

22 private sector, and that each of the following groups 

23 is represented on the task force: 

24 (A) Entrepreneurial service members who 

25 are owners of small businesses. 


sroberts on PROD1PC70 with BILLS
188 

•HR 5122 RH 

1 (B) Small businesses that employ entrepre2 neurial service members as essential employees. 

3 (C) Associations that further the interests of 

4 small businesses, members of the reserve compo5 nents of the Armed Forces, or both. 

6 (D) Any other entities that the Secretary, in 

7 coordination with the Administrator, considers 

8 appropriate. 

9 (3) COMPENSATION.—An individual serving as a 

10 member of the task force shall not receive compensa11 tion by reason of that service. 

12 (e) MEETINGS.— 

13 (1) FREQUENCY.—The task force shall meet not 

14 less frequently than twice per year. The initial meet15 ing shall be held within 150 days after the date of the 

16 enactment of this Act. 

17 (2) QUORUM.—A majority of the members of the 

18 task force shall constitute a quorum. 

19 (f) REPORTS.—The task force shall provide to the Sec20 retary and the Administrator not only the minutes of each 

21 meeting, but also a report of its findings and recommenda22 tions, should there be any, within 90 days of each meeting. 

23 Not later than 60 days after the receipt of such a report— 

24 (1) the Secretary shall submit a copy of the re25 port to the Committee on Armed Services of the House 


sroberts on PROD1PC70 with BILLS
189 

•HR 5122 RH 

1 of Representatives and the Committee on Armed Serv2 ices of the Senate; and 

3 (2) the Administrator shall submit a copy of the 

4 report to the Committee on Small Business of the 

5 House of Representatives and the Committee on 

6 Small Business and Entrepreneurship of the Senate. 

7 (g) DETAIL OF CERTAIN FEDERAL EMPLOYEES.—The 

8 Secretary may detail an officer or employee of the Depart9 ment of Defense, and the Administrator may detail an offi10 cer or employee of the Small Business Administration, to 

11 the task force without additional reimbursement and with12 out interruption or loss of civil status or privilege. 

13 (h) EXPENSES.—The Department of Defense and the 

14 Small Business Administration shall share equally in the 

15 cost of supporting the task force. 

16 (i) DEFINITION.—In this section, the term ‘‘entrepre17 neurial service member’’ means an individual who is 

18 both— 

19 (1) an actual or prospective owner of, or an es20 sential employee of, a small business; and 

21 (2) a member of a reserve component of the 

22 Armed Forces. 

23 (j) TERMINATION.—The task force shall terminate Sep24 tember 30, 2009. 


sroberts on PROD1PC70 with BILLS
190 

•HR 5122 RH 

1 SEC. 593. COMPTROLLER GENERAL REPORT ON MILITARY 

2 CONSCIENTIOUS OBJECTORS. 

3 (a) REPORT REQUIRED.—Not later than 180 days 

4 after the date of the enactment of this Act, the Comptroller 

5 General shall submit to Congress a report concerning the 

6 frequency and consequences of members of the Armed Forces 

7 claiming status as a military conscientious objector between 

8 January 1, 1989, and December 31, 2006. 

9 (b) CONTENT OF REPORT.—The report shall specifi10 cally address the following: 

11 (1) The number of all applications for status as 

12 a military conscientious objector, even if the applica13 tion was not acted on or other discharge given, broken 

14 down by military branch, including the Coast Guard, 

15 and regular and reserve components. 

16 (2) Number of discharges or reassignments given. 

17 (3) The process used to consider applications, in18 cluding average time frame and any reassignment to 

19 non-combatant duties while claim pending. 

20 (4) Reasons for approval or disapproval of ap21 plications. 

22 (5) Any difference in benefits upon discharge as 

23 a military conscientious objector compared to other 

24 discharges. 


sroberts on PROD1PC70 with BILLS
191 

•HR 5122 RH 

1 (6) The effect of stop loss provisions in First 

2 Gulf War and currently, cancellation of orders to 

3 combat or rear attachment duty while claim pending. 

4 (7) Pre-war statistical comparisons. 

5 SEC. 594. COMMISSION ON THE NATIONAL GUARD AND RE6 SERVES. 

7 (a) SIX-MONTH EXTENSION OF COMMISSION.—Sub8 section (f)(2) of section 513 of the Ronald W. Reagan Na9 tional Defense Authorization Act for Fiscal Year 2005 (Pub10 lic Law 108–375; 118 Stat. 1882) is amended by striking 

11 ‘‘one year’’ and inserting ‘‘18 months’’. 

12 (b) ADDITIONAL MATTERS TO BE REVIEWED BY COM13 MISSION.—The Commission on the National Guard and Re14 serves shall include among the matters it studies (in addi15 tion to the matters specified in subsection (c) of such section 

16 513) the following: 

17 (1) PROVISIONS OF H.R. 5200, 109TH CON18 GRESS.—The advisability and feasibility of imple19 menting the provisions of H.R. 5200 of the 109th 

20 Congress, as introduced in the House of Representa21 tives on April 26, 2006. 

22 (2) CHIEF OF NATIONAL GUARD BUREAU.—As an 

23 alternative to implementation of the provisions of the 

24 bill specified in paragraph (1) that provide for the 

25 Chief of the National Guard Bureau to be a member 


sroberts on PROD1PC70 with BILLS
192 

•HR 5122 RH 

1 of the Joint Chiefs of Staff and to hold the grade of 

2 general, the advisability and feasibility of providing 

3 for the Chief of the National Guard Bureau to hold 

4 the grade of general in the performance of the current 

5 duties of that office. 

6 (3) NATIONAL GUARD EQUIPMENT AND FUNDING

7 REQUIREMENTS.—The adequacy of the Department of 

8 Defense processes for defining the equipment and 

9 funding necessary for the National Guard to conduct 

10 both its responsibilities under title 10, United States 

11 Code, and its responsibilities under title 32, United 

12 States Code, including homeland defense and related 

13 homeland missions, including as part of such study— 

14 (A) consideration of the extent to which 

15 those processes should be developed taking into 

16 consideration the views of the Chief of the Na17 tional Guard Bureau, as well as the views of the 

18 54 Adjutant Generals and the views of the Chiefs 

19 of the Army National Guard and the Air Guard; 

20 and 

21 (B) whether there should be an improved 

22 means by which National Guard equipment re23 quirements are validated by the Joint Chiefs of 

24 Staff and are considered for funding by the Sec25 retaries of the Army and Air Force. 


sroberts on PROD1PC70 with BILLS
193 

•HR 5122 RH 

1 (c) PRIORITY REVIEW AND REPORT.— 

2 (1) PRIORITY REVIEW.—The Commission on the 

3 National Guard and Reserves shall carry out its 

4 study of the matters specified in paragraphs (1) and 

5 (2) of subsection (b) on a priority basis, with a higher 

6 priority for matters under those paragraphs relating 

7 to the grade and functions of the Chief of the National 

8 Guard Bureau. 

9 (2) REPORT.—In addition to the reports re10 quired under subsection (f) of section 513 of the Ron11 ald W. Reagan National Defense Authorization Act 

12 for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

13 1882), the Commission shall submit to the Committee 

14 on Armed Services of the Senate and the Committee 

15 on Armed Services of the House of Representatives an 

16 interim report, not later than March 1, 2007, specifi17 cally on the matters covered by paragraph (1). In 

18 such report, the Commission shall set forth its find19 ings and any recommendations it considers appro20 priate with respect to those matters. 

21 TITLE VI—COMPENSATION AND 

22 OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Increase in basic pay for fiscal year 2007. 

Sec. 602. Targeted increase in basic pay rates. 

Sec. 603. Conforming change in general and flag officer pay cap to reflect increase in pay cap for Senior Executive Service personnel. 


sroberts on PROD1PC70 with BILLS
194 

•HR 5122 RH 

Sec. 604. Availability of second basic allowance for housing for certain reserve 

component or retired members serving in support of contingency 

operations. 

Sec. 605. Extension of temporary continuation of housing allowance for dependents of members dying on active duty to spouses who are also 

members. 

Sec. 606. Clarification of effective date of prohibition on compensation for correspondence courses. 

Sec. 607. Payment of full premium for coverage under Servicemembers’ Group 

Life Insurance program during service in Operation Enduring 

Freedom or Operation Iraqi Freedom. 

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 bonus and special pay authorities for health care professionals. 

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

Sec. 614. Extension of other bonus, special pay, and separation pay authorities. 

Sec. 615. Expansion of eligibility of dental officers for additional special pay. 

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

health care professionals in critically short wartime specialties. 

Sec. 617. Authority to provide lump sum payment of nuclear officer incentive 

pay. 

Sec. 618. Increase in maximum amount of nuclear career accession bonus. 

Sec. 619. Increase in maximum amount of incentive bonus for transfer between 

armed forces. 

Sec. 620. Clarification regarding members of the Army eligible for bonus for referring other persons for enlistment in the Army. 

Sec. 621. Pilot program for recruitment bonus for critical health care specialties. 

Sec. 622. Enhancement of temporary program of voluntary separation pay and 

benefits. 

Sec. 623. Additional authorities and incentives to encourage retired members and 

reserve component members to volunteer to serve on active duty 

in high-demand, low-density assignments. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Authority to pay costs associated with delivery of motor vehicle to storage location selected by member and subsequent removal of vehicle. 

Sec. 632. Transportation of additional motor vehicle of members on change of 

permanent station to or from nonforeign areas outside the continental United States. 

Sec. 633. Travel and transportation allowances for transportation of family 

members incident to illness or injury of members. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Military Survivor Benefit Plan beneficiaries under insurable interest 

coverage. 

Sec. 642. Retroactive payment of additional death gratuity for certain members 

not previously covered. 

Sec. 643. Equity in computation of disability retired pay for reserve component 

members wounded in action. 


sroberts on PROD1PC70 with BILLS
195 

•HR 5122 RH 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

Sec. 651. Treatment of price surcharges of tobacco products and certain other 

merchandise sold at commissary stores. 

Sec. 652. Limitation on use of Department of Defense lease authority to undermine commissaries and exchanges and other morale, welfare, 

and recreation programs and nonappropriated fund instrumentalities. 

Sec. 653. Use of nonappropriated funds to supplement or replace appropriated 

funds for construction of facilities of exchange stores system and 

other nonappropriated fund instrumentalities, military lodging 

facilities, and community facilities. 

Sec. 654. Report on cost effectiveness of purchasing commercial insurance for 

commissary and exchange facilities and facilities of other morale, welfare, and recreation programs and nonappropriated 

fund instrumentalities. 

Subtitle F—Other Matters 

Sec. 661. Repeal of annual reporting requirement regarding effects of recruitment 

and retention initiatives. 

Sec. 662. Pilot project regarding providing golf carts accessible for disabled persons at military golf courses. 

Sec. 663. Enhanced authority to remit or cancel indebtedness of members of the 

Armed Forces incurred on active duty. 

1 Subtitle A—Pay and Allowances 

2 SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2007. 

3 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad4 justment to become effective during fiscal year 2007 re5 quired by section 1009 of title 37, United States Code, in 

6 the rates of monthly basic pay authorized members of the 

7 uniformed services shall not be made. 

8 (b) INCREASE IN BASIC PAY.—Effective on January 

9 1, 2007, the rates of monthly basic pay for members of the 

10 uniformed services are increased by 2.7 percent. 

11 SEC. 602. TARGETED INCREASE IN BASIC PAY RATES. 

12 Effective on April 1, 2007, the rates of monthly basic 

13 pay for members of the uniformed services within each pay 

14 grade are as follows: 


sroberts on PROD1PC70 with BILLS
196 

•HR 5122 RH 

COMMISSIONED OFFICERS1

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–102 $0.00 $0.00 $0.00 $0.00 $0.00 

O–9 0.00 0.00 0.00 0.00 0.00 

O–8 8,494.20 8,772.60 8,957.10 9,008.70 9,239.10 

O–7 7,058.40 7,386.00 7,538.10 7,658.40 7,876.80 

O–6 5,231.40 5,747.40 6,124.50 6,124.50 6,147.60 

O–5 4,361.10 4,912.80 5,253.00 5,316.90 5,529.00 

O–4 3,762.90 4,356.00 4,646.40 4,711.50 4,981.20 

O–33 3,308.40 3,750.60 4,048.20 4,413.60 4,624.50 

O–23 2,858.10 3,255.60 3,749.70 3,876.30 3,956.10 

O–13 2,481.30 2,582.40 3,121.80 3,121.80 3,121.80 

Over 8 Over 10 Over 12 Over 14 Over 16 

O–102 $0.00 $0.00 $0.00 $0.00 $0.00 

O–9 0.00 0.00 0.00 0.00 0.00 

O–8 9,624.00 9,713.40 10,079.10 10,183.80 10,498.80 

O–7 8,092.20 8,341.80 8,590.80 8,840.40 9,624.00 

O–6 6,411.30 6,446.10 6,446.10 6,812.40 7,460.10 

O–5 5,656.20 5,935.20 6,140.10 6,404.40 6,809.70 

O–4 5,270.40 5,630.10 5,911.20 6,105.90 6,217.80 

O–33 4,856.70 5,007.00 5,253.90 5,382.30 5,382.30 

O–23 3,956.10 3,956.10 3,956.10 3,956.10 3,956.10 

O–13 3,121.80 3,121.80 3,121.80 3,121.80 3,121.80 

Over 18 Over 20 Over 22 Over 24 Over 26 

O–102 $0.00 $13,725.90 $13,793.10 $14,079.90 $14,579.70 

O–9 0.00 12,005.10 12,177.60 12,427.80 12,863.70 

O–8 10,954.20 11,374.50 11,655.00 11,655.00 11,655.00 

O–7 10,286.10 10,286.10 10,286.10 10,286.10 10,338.30 

O–6 7,840.20 8,220.00 8,436.30 8,655.00 9,080.10 

O–5 7,002.30 7,192.80 7,409.10 7,409.10 7,409.10 

O–4 6,282.90 6,282.90 6,282.90 6,282.90 6,282.90 

O–33 5,382.30 5,382.30 5,382.30 5,382.30 5,382.30 

O–23 3,956.10 3,956.10 3,956.10 3,956.10 3,956.10 

O–13 3,121.80 3,121.80 3,121.80 3,121.80 3,121.80 

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned 

oficers in pay grades 0–7 through 0–10 may not exceed the rate of pay for level II of the Executive Schedule and 

the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the Executive 

Schedule. 2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, 

Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, Commandant of the Coast Guard, or commander of a unified or specified combatant command (as defined in section 161(c) of title 10, United States Code, basic pay for this grade is $16,037.40, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who have been credited 

with over 4 years of active duty service as an enlisted member or warrant officer. 

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 $4,413.60 $4,624.50 

O–2E 0.00 0.00 0.00 3,876.30 3,956.10 

O–1E 0.00 0.00 0.00 3,121.80 3,333.90 

Over 8 Over 10 Over 12 Over 14 Over 16 


sroberts on PROD1PC70 with BILLS
197 

•HR 5122 RH 

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE 

DUTY SERVICE AS AN ENLISTED MEMBER OR WARRANT 

OFFICER—Continued 

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 

0–3E $4,856.70 $5,007.00 $5,253.90 $5,462.10 $5,581.20 

0–2E 4,082.10 4,294.20 4,458.90. 4,581.00 4,581.00 

0–1E 3,456.90 3,582.90 3,706.80 3,876.30 3,876.30 

Over 18 Over 20 Over 22 Over 24 Over 26 

0–3E $5,743.80 $5,743.80 $5,743.80 $5,743.80 $5,743.80 

0–2E 4,581.00 4,581.00 4,581.00 4,581.00 4,581.00 

0–1E 3,876.30 3,876.30 3,876.30 3,876.30 3,876.30 

WARRANT OFFICERS1

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 3,418.80 3,677.70 3,783.60 3,887.40 4,066.20 

W–3 3,122.10 3,252.30 3,385.50 3,429.60 3,569.40 

W–2 2,762.70 3023.40 3,104.40 3,159.90 3,338.70 

W–1 2,425.20 2,685.00 2,756.40 2,904.30 3,080.10 

Over 8 Over 10 Over 12 Over 14 Over 16 

W–5 $0.00 $0.00 $0.00 $0.00 $0.00 

W–4 4,242.90 4,422.30 4,691.40 4,927.80 5152.80 

W–3 3,843.90 4,130.10 4,265.40 4,421.40 4,582.20 

W–2 3,616.80 3,754.80 3,890.70 4,056.60 4,186.20 

W–1 3,337.80 3,458.40 3,627.00 3,792.90 3,922.80 

Over 18 Over 20 Over 22 Over 24 Over 26 

W–5 $0.00 $6,078.30 $6,386.10 $6,615.60 $6,869.70 

W–4 5,336.40 5,516.10 5,779.50 5,995.80 6,242.70 

W–3 4,870.50 5,065.80 5,181.90 5,306.40 5,475.30 

W–2 4,303.80 4,444.20 4,536.90 4,611.30 4,611.30 

W–1 4,042.80 4,188.90 4,188.90 4,188.90 4,188.90 

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for warrant officers 

may not exceed the rate of pay for level V of the Executive Schedule. 

ENLISTED MEMBERS1

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–92 $0.00 $0.00 $0.00 $0.00 $0.00 

E–8 0.00 0.00 0.00 0.00 0.00 

E–7 2,350.50 2,565.60 2,663.70 2,794.20 2,895.60 

E–6 2,033.10 2,236.80 2,335.80 2,431.50 2,531.70 

E–5 1,863.00 1,987.50 2,083.50 2,181.90 2,335.20 

E–4 1,707.90 1,795.20 1,892.40 1,988.10 2,073.00 

E–3 1,541.70 1,638.90 1,737.60 1,737.60 1,737.60 

E–2 1,465.80 1,465.80 1,465.80 1,465.80 1,465.80 

E–13 1,308.00 1,308.00 1,308.00 1,308.00 1,308.00 


sroberts on PROD1PC70 with BILLS
198 

•HR 5122 RH 

ENLISTED MEMBERS1—Continued 

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 

Over 8 Over 10 Over 12 Over 14 Over 16 

E–92 $0.00 $4,130.70 $4,224.30 $4,342.50 $4,481.40 

E–8 3,381.30 3,531.00 3,623.70 3,734.40 3,854.70 

E–7 3,070.20 3,168.30 3,326.70 3,471.00 3,569.70 

E–6 2,757.60 2,845.20 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 2,073.00 2,073.00 2,073.00 2,073.00 2,073.00 

E–3 1,737.60 1,737.60 1,737.60 1,737.60 1,737.60 

E–2 1,465.80 1,465.80 1,465.80 1,465.80 1,465.80 

E–13 1,308.00 1,308.00 1,308.00 1,308.00 1,308.00 

Over 18 Over 20 Over 22 Over 24 Over 26 

E–92 $4,620.90 $4,845.30 $5,034.60 $5,234.70 $5,539.50 

E–8 4,071.60 4,181.40 4,368.60 4,472.40 4,727.70 

E–7 3,674.40 3,715.50 3,852.00 3,944.40 4,224.60 

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 2,073.00 2,073.00 2,073.00 2,073.00 2,073.00 

E–3 1,737.60 1,737.60 1,737.60 1,737.60 1,737.60 

E–2 1,465.80 1,465.80 1,465.80 1,465.80 1,465.80 

E–13 1,308.00 1,308.00 1,308.00 1,308.00 1,308.00 

1 Notwithstanding the pay rates specified in this table, the actual basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, the rate of basic pay for an enlisted member in this grade while serving as 

Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, Master Chief Petty Officer of the Coast Guard, or Senior Enlisted Advisor to 

the Chairman of the Joint Chiefs of Statff is $6,675.00, regardless of cumulative years of service computed under 

section 205 of title 37, United States Code. 3 In the case of members in pay grade E–1 who have served less than 4 months on active duty, the rate of 

basic pay is $1,209.90. 

1 SEC. 603. CONFORMING CHANGE IN GENERAL AND FLAG 

2 OFFICER PAY CAP TO REFLECT INCREASE IN 

3 PAY CAP FOR SENIOR EXECUTIVE SERVICE 

4 PERSONNEL. 

5 (a) INCREASE.—Section 203(a)(2) of title 37, United 

6 States Code, is amended by striking ‘‘level III of the Execu7 tive Schedule’’ and inserting ‘‘level II of the Executive 

8 Schedule’’. 

9 (b) EFFECTIVE DATE.—The amendment made by this 

10 section shall take effect on October 1, 2006. 


sroberts on PROD1PC70 with BILLS
199 

•HR 5122 RH 

1 SEC. 604. AVAILABILITY OF SECOND BASIC ALLOWANCE 

2 FOR HOUSING FOR CERTAIN RESERVE COM3 PONENT OR RETIRED MEMBERS SERVING IN 

4 SUPPORT OF CONTINGENCY OPERATIONS. 

5 Section 403(g) of title 37, United States Code, is 

6 amended— 

7 (1) by redesignating paragraphs (2), (3), and (4) 

8 as paragraphs (3), (4), and (5), respectively; 

9 (2) by inserting after paragraph (1) the fol10 lowing new paragraph (2): 

11 ‘‘(2) The Secretary concerned may provide a basic al12 lowance for housing to a member described in paragraph 

13 (1) at a monthly rate equal to the rate of the basic allow14 ance for housing established under subsection (b) or the 

15 overseas basic allowance for housing established under sub16 section (c), whichever applies to the location at which the 

17 member is serving, for members in the same grade at that 

18 location without dependents. The member may receive both 

19 a basic allowance for housing under paragraph (1) and 

20 under this paragraph for the same month, but may not re21 ceive the portion of the allowance authorized under section 

22 404 of this title, if any, for lodging expenses if a basic allow23 ance for housing is provided under this paragraph.’’; and 

24 (3) in paragraph (3), as so redesignated, by 

25 striking ‘‘Paragraph (1)’’ and inserting ‘‘Paragraphs 

26 (1) and (2)’’. 


sroberts on PROD1PC70 with BILLS
200 

•HR 5122 RH 

1 SEC. 605. EXTENSION OF TEMPORARY CONTINUATION OF 

2 HOUSING ALLOWANCE FOR DEPENDENTS OF 

3 MEMBERS DYING ON ACTIVE DUTY TO 

4 SPOUSES WHO ARE ALSO MEMBERS. 

5 (a) EXTENSION.—Section 403(l) of title 37, United 

6 States Code, is amended— 

7 (1) by redesignating paragraph (3) as para8 graph (4); and 

9 (2) by inserting after paragraph (2) the fol10 lowing new paragraph: 

11 ‘‘(3) An allowance may be paid under paragraph (2) 

12 to the spouse of the deceased member even though the spouse 

13 is also a member of the uniformed services. The allowance 

14 paid under such paragraph is in addition to any other pay 

15 and allowances to which the spouse is entitled as a mem16 ber.’’. 

17 (b) EFFECTIVE DATE.— 

18 (1) GENERAL RULE.—The amendments made by 

19 subsection (a) shall take effect on October 1, 2006. 

20 (2) TRANSITIONAL RULE.—After October 1, 2006, 

21 the Secretary of Defense, and the Secretary of Home22 land Security in the case of the Coast Guard, may 

23 pay the allowance authorized by section 403(l)(2) of 

24 title 37, United States Code, to a member of the uni25 formed services who is the spouse of a member who 

26 died on active duty during the one-year period ending 


sroberts on PROD1PC70 with BILLS
201 

•HR 5122 RH 

1 on that date, except that the payment of the allowance 

2 must terminate within 365 days after the date of the 

3 member’s death. 

4 SEC. 606. CLARIFICATION OF EFFECTIVE DATE OF PROHIBI5 TION ON COMPENSATION FOR CORRESPOND6 ENCE COURSES. 

7 Section 206(d) of title 37, United States Code, is 

8 amended by adding at the end the following new paragraph: 

9 ‘‘(3) The prohibition in paragraph (1), including the 

10 prohibition as it relates to a member of the National Guard 

11 while not in Federal service, applies to— 

12 ‘‘(A) any work or study performed on or after 

13 September 7, 1962, unless that work or study is spe14 cifically covered by the exception in paragraph (2); 

15 and 

16 ‘‘(B) any claim based on that work or study 

17 arising after that date.’’. 

18 SEC. 607. PAYMENT OF FULL PREMIUM FOR COVERAGE 

19 UNDER SERVICEMEMBERS’ GROUP LIFE IN20 SURANCE PROGRAM DURING SERVICE IN OP21 ERATION ENDURING FREEDOM OR OPER22 ATION IRAQI FREEDOM. 

23 (a) ENHANCED ALLOWANCE TO COVER SGLI DEDUC24 TIONS.—Subsection (a)(1) of section 437 of title 37, United 

25 States Code, is amended by striking ‘‘for the first $150,000’’ 


sroberts on PROD1PC70 with BILLS
202 

•HR 5122 RH 

1 and all that follows through ‘‘of such title’’ and inserting 

2 ‘‘for the amount of Servicemembers’ Group Life Insurance 

3 coverage held by the member under section 1967 of such 

4 title’’. 

5 (b) CONFORMING AMENDMENTS.—Such section is fur6 ther amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘(1)’’ before ‘‘in the case of’’; 

9 and 

10 (B) by striking paragraph (2); 

11 (2) by striking subsection (b); and 

12 (3) by redesignating subsection (c) as subsection 

13 (b) and in paragraph (2) of that subsection by strik14 ing ‘‘coverage amount specified in subsection (a)(1) or 

15 in effect pursuant to subsection (b),’’ and inserting 

16 ‘‘maximum coverage amount available for such insur17 ance,’’. 

18 (c) CLERICAL AMENDMENTS.—The heading for such 

19 section, and the item relating to such section in the table 

20 of sections at the beginning of chapter 7 of such title, are 

21 each amended by striking the fourth and fifth words. 

22 (d) EFFECTIVE DATE.—The amendments made by this 

23 section shall take effect on the first day of the first month 

24 beginning on or after the date of the enactment of this Act 

25 and shall apply with respect to service by members of the 


sroberts on PROD1PC70 with BILLS
203 

•HR 5122 RH 

1 Armed Forces in the theater of operations for Operation En2 during Freedom or Operation Iraqi Freedom for months be3 ginning on or after that date. 

4 (e) FUNDING SOURCE.—Of the amounts authorized to 

5 be appropriated to the Department of Defense for military 

6 personnel accounts as emergency supplemental appropria7 tions for fiscal years 2006 and 2007 to provide funds for 

8 additional costs due to Operation Iraqi Freedom and Oper9 ation Enduring Freedom, $31,000,000 shall be available to 

10 cover the additional costs incurred to implement the amend11 ments made by this section. 

12 Subtitle B—Bonuses and Special 

13 and Incentive Pays 

14 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 

15 PAY AUTHORITIES FOR RESERVE FORCES. 

16 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

17 Section 308b(g) of title 37, United States Code, is amended 

18 by striking ‘‘December 31, 2006’’ and inserting ‘‘December 

19 31, 2007’’. 

20 (b) SELECTED RESERVE AFFILIATIONOR ENLISTMENT

21 BONUS.—Section 308c(i) of such title is amended by strik22 ing ‘‘December 31, 2006’’ and inserting ‘‘December 31, 

23 2007’’. 

24 (c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

25 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of 


sroberts on PROD1PC70 with BILLS
204 

•HR 5122 RH 

1 such title is amended by striking ‘‘December 31, 2006’’ and 

2 inserting ‘‘December 31, 2007’’. 

3 (d) READY RESERVE ENLISTMENT BONUS FOR PER4 SONS WITHOUT PRIOR SERVICE.—Section 308g(h)(2) of 

5 such title is amended by striking ‘‘December 31, 2006’’ and 

6 inserting ‘‘December 31, 2007’’. 

7 (e) READY RESERVE ENLISTMENT AND REENLIST8 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec9 tion 308h(e) of such title is amended by striking ‘‘December 

10 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

11 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

12 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 

13 title is amended by striking ‘‘December 31, 2006’’ and in14 serting ‘‘December 31, 2007’’. 

15 SEC. 612. EXTENSION OF BONUS AND SPECIAL PAY AU16 THORITIES FOR HEALTH CARE PROFES17 SIONALS. 

18 (a) NURSE OFFICER CANDIDATE ACCESSION PRO19 GRAM.—Section 2130a(a)(1) of title 10, United States Code, 

20 is amended by striking ‘‘December 31, 2006’’ and inserting 

21 ‘‘December 31, 2007’’. 

22 (b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

23 HEALTH PROFESSIONALS WHO SERVE INTHE SELECTED

24 RESERVE.—Section 16302(d) of such title is amended by 


sroberts on PROD1PC70 with BILLS
205 

•HR 5122 RH 

1 striking ‘‘January 1, 2007’’ and inserting ‘‘January 1, 

2 2008’’. 

3 (c) ACCESSION BONUS FOR REGISTERED NURSES.— 

4 Section 302d(a)(1) of title 37, United States Code, is 

5 amended by striking ‘‘December 31, 2006’’ and inserting 

6 ‘‘December 31, 2007’’. 

7 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES8 THETISTS.—Section 302e(a)(1) of such title is amended by 

9 striking ‘‘December 31, 2006’’ and inserting ‘‘December 31, 

10 2007’’. 

11 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

12 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL13 TIES.—Section 302g(e) of such title is amended by striking 

14 ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

15 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec16 tion 302h(a)(1) of such title is amended by striking ‘‘De17 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

18 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

19 Section 302j(a) of such title is amended by striking ‘‘De20 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

21 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU22 THORITIES FOR NUCLEAR OFFICERS. 

23 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

24 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e) 


sroberts on PROD1PC70 with BILLS
206 

•HR 5122 RH 

1 of title 37, United States Code, is amended by striking ‘‘De2 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

3 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

4 312b(c) of such title is amended by striking ‘‘December 31, 

5 2006’’ and inserting ‘‘December 31, 2007’’. 

6 (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.— 

7 Section 312c(d) of such title is amended by striking ‘‘De8 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

9 SEC. 614. EXTENSION OF OTHER BONUS, SPECIAL PAY, AND 

10 SEPARATION PAY AUTHORITIES. 

11 (a) AVIATION OFFICER RETENTION BONUS.—Section 

12 301b(a) of title 37, United States Code, is amended by strik13 ing ‘‘December 31, 2006’’ and inserting ‘‘December 31, 

14 2007’’. 

15 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) of 

16 such title is amended by striking ‘‘December 31, 2007’’ and 

17 inserting ‘‘December 31, 2008’’. 

18 (c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.— 

19 Section 308(g) of such title is amended by striking ‘‘Decem20 ber 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

21 (d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.— 

22 Section 309(e) of such title is amended by striking ‘‘Decem23 ber 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

24 (e) RETENTION BONUS FOR MEMBERS WITH CRITICAL

25 MILITARY SKILLS.—Section 323(i) of such title is amended 


sroberts on PROD1PC70 with BILLS
207 

•HR 5122 RH 

1 by striking ‘‘December 31, 2006’’ and inserting ‘‘December 

2 31, 2007’’. 

3 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT4 ICAL SKILLS.—Section 324(g) of such title is amended by 

5 striking ‘‘December 31, 2006’’ and inserting ‘‘December 31, 

6 2007’’. 

7 (g) MILITARY OCCUPATIONAL SPECIALTY CONVERSION

8 INCENTIVE BONUS.—Section 326(g) of such title is amend9 ed by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem10 ber 31, 2007’’. 

11 (h) TRANSFER BETWEEN ARMED FORCES INCENTIVE

12 BONUS.—Section 327(h) of such title is amended by strik13 ing ‘‘December 31, 2006’’ and inserting ‘‘December 31, 

14 2007’’. 

15 SEC. 615. EXPANSION OF ELIGIBILITY OF DENTAL OFFI16 CERS FOR ADDITIONAL SPECIAL PAY. 

17 (a) REPEAL OF INTERNSHIP AND RESIDENCY EXCEP18 TION.—Section 302b(a)(4) of title 37, United States Code, 

19 is amended by striking the first sentence and inserting the 

20 following new sentence: ‘‘An officer who is entitled to vari21 able special pay under paragraph (2) or (3) is also entitled 

22 to additional special pay for any 12-month period during 

23 which an agreement executed under subsection (b) is in ef24 fect with respect to the officer.’’. 


sroberts on PROD1PC70 with BILLS
208 

•HR 5122 RH 

1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall take effect on October 1, 2006. 

3 SEC. 616. INCREASE IN MAXIMUM ANNUAL RATE OF SPE4 CIAL PAY FOR SELECTED RESERVE HEALTH 

5 CARE PROFESSIONALS IN CRITICALLY SHORT 

6 WARTIME SPECIALTIES. 

7 (a) INCREASE.—Section 302g(a) of title 37, United 

8 States Code, is amended by striking ‘‘$10,000’’ and insert9 ing ‘‘$25,000’’. 

10 (b) EFFECTIVE DATE.—The amendment made by sub11 section (a) shall take effect on October 1, 2006. 

12 SEC. 617. AUTHORITY TO PROVIDE LUMP SUM PAYMENT OF 

13 NUCLEAR OFFICER INCENTIVE PAY. 

14 (a) LUMP SUM PAYMENT OPTION.—Subsection (a) of 

15 section 312 of title 37, United States Code, is amended in 

16 the matter after paragraph (3)— 

17 (1) by striking ‘‘in equal annual installments’’ 

18 and inserting ‘‘in a single lump-sum or in annual in19 stallments of equal or different amounts’’; and 

20 (2) by striking ‘‘with the number of installments 

21 being equal to the number of years covered by the con22 tract plus one’’ and inserting ‘‘and, if the special pay 

23 will be paid in annual installments, the number of 

24 installments may not exceed the number of years cov25 ered by the agreement plus one’’. 


sroberts on PROD1PC70 with BILLS
209 

•HR 5122 RH 

1 (b) CLERICAL AND CONFORMING AMENDMENTS.—Such 

2 section is further amended— 

3 (1) by redesignating subsections (b) through (e) 

4 as subsections (c) through (f), respectively; 

5 (2) in subsection (a)— 

6 (A) by striking ‘‘an officer’’ in the matter 

7 before paragraph (1) and inserting ‘‘the Sec8 retary may pay special pay under subsection (b) 

9 to an officer’’; 

10 (B) by striking the semicolon at the end of 

11 paragraph (3) and inserting a period; 

12 (C) by striking ‘‘may, upon’’ and all that 

13 follows through ‘‘The Secretary of the Navy 

14 shall’’ and inserting the following: 

15 ‘‘(b) PAYMENT AMOUNT; PAYMENT OPTIONS.—(1) The 

16 total amount paid to an officer under an agreement under 

17 subsection (a) or (e)(1) may not exceed $30,000 for each 

18 year of the active-service agreement. Amounts paid under 

19 the agreement are in addition to all other compensation to 

20 which the officer is entitled. 

21 ‘‘(2) The Secretary shall’’; 

22 (D) by striking ‘‘Upon acceptance of the 

23 agreement by the Secretary or his designee’’ and 

24 inserting the following: 


sroberts on PROD1PC70 with BILLS
210 

•HR 5122 RH 

1 ‘‘(3) Upon acceptance of an agreement under sub2 section (a) or (e)(1) by the Secretary ’’; 

3 (E) by striking ‘‘The Secretary (or his des4 ignee)’’ and inserting the following: 

5 ‘‘(4) The Secretary’’; 

6 (3) in subsection (c), as redesignated by para7 graph (1), by striking ‘‘subsection (a) or subsection 

8 (d)(1)’’ and inserting ‘‘subsection (b) or (e)(1)’’; and 

9 (4) in the first sentence of subsection (e)(1), as 

10 redesignated by paragraph (1)— 

11 (A) by striking ‘‘such subsection’’ and in12 serting ‘‘subsection (b)’’; and 

13 (B) by striking ‘‘that subsection’’ and in14 serting ‘‘this subsection’’. 

15 (c) STYLISTIC AMENDMENTS.—Such section is further 

16 amended— 

17 (1) in subsection (a), by inserting ‘‘SPECIAL PAY

18 AUTHORIZED; ELIGIBILITY.—’’ after ‘‘(a)’’; 

19 (2) in subsection (c), as redesignated by sub20 section (b)(1), by inserting ‘‘REPAYMENT.—’’ after 

21 ‘‘(c)’’; 

22 (3) in subsection (d), as redesignated by sub23 section (b)(1), by inserting ‘‘RELATIONTO SERVICE

24 OBLIGATION.—’’ after ‘‘(d)’’; 


sroberts on PROD1PC70 with BILLS
211 

•HR 5122 RH 

1 (4) in subsection (e), as redesignated by sub2 section (b)(1), by inserting ‘‘NEW AGREEMENT.—’’ 

3 after ‘‘(e)’’; and 

4 (5) in subsection (f), as redesignated by sub5 section (b)(1), by inserting ‘‘DURATIONOF AUTHOR6 ITY.—’’ after ‘‘(f)’’. 

7 SEC. 618. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CA8 REER ACCESSION BONUS. 

9 (a) INCREASE.—Section 312b(a)(1) of title 37, United 

10 States Code, is amended by striking ‘‘$20,000’’ and insert11 ing ‘‘$30,000’’. 

12 (b) EFFECTIVE DATE.—The amendment made by this 

13 section shall take effect on October 1, 2006. 

14 SEC. 619. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE 

15 BONUS FOR TRANSFER BETWEEN ARMED 

16 FORCES. 

17 (a) INCREASE.—Section 327(d)(1) of title 37, United 

18 States Code, is amended by striking ‘‘$2,500’’ and inserting 

19 ‘‘$10,000’’. 

20 (b) EFFECTIVE DATE.—The amendment made by this 

21 section shall take effect on October 1, 2006. 


sroberts on PROD1PC70 with BILLS
212 

•HR 5122 RH 

1 SEC. 620. CLARIFICATION REGARDING MEMBERS OF THE 

2 ARMY ELIGIBLE FOR BONUS FOR REFERRING 

3 OTHER PERSONS FOR ENLISTMENT IN THE 

4 ARMY. 

5 Section 645(a) of the National Defense Authorization 

6 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

7 3310) is amended— 

8 (1) by striking ‘‘The Secretary’’ and inserting 

9 the following: 

10 ‘‘(1) INGENERAL.—The Secretary’’; 

11 (2) by striking ‘‘, whether in the regular compo12 nent of the Army or in the Army National Guard or 

13 Army Reserve,’’ and inserting ‘‘described in para14 graph (2)’’; and 

15 (3) by adding at the end the following new para16 graph: 

17 ‘‘(2) MEMBERS ELIGIBLE FOR BONUS.—Subject 

18 to subsection (c), the following members of the Army 

19 are eligible for a referral bonus under this section: 

20 ‘‘(A) A member in the regular component of 

21 the Army. 

22 ‘‘(B) A member of the Army National 

23 Guard. 

24 ‘‘(C) A member of the Army Reserve. 

25 ‘‘(D) A member of the Army in a retired 

26 status, including a member under 60 years of 


sroberts on PROD1PC70 with BILLS
213 

•HR 5122 RH 

1 age who, but for age, would be eligible for retired 

2 pay.’’. 

3 SEC. 621. PILOT PROGRAM FOR RECRUITMENT BONUS FOR 

4 CRITICAL HEALTH CARE SPECIALTIES. 

5 (a) PILOT PROGRAM.—Section 2121 of title 10, United 

6 States Code, is amended by adding at the end the following 

7 new subsection: 

8 ‘‘(e)(1) The Secretary of Defense may carry out a pilot 

9 program for payment of a recruitment incentive bonus to 

10 increase participation in the program. The Secretary shall 

11 prescribe regulations specifying the amount and terms of 

12 the bonus. The bonus shall be used to improve recruitment 

13 for critical health care specialties. A bonus under the pilot 

14 program shall be in addition to the stipend under sub15 section (d). 

16 ‘‘(2) The amount prescribed under paragraph (1) for 

17 the bonus under the pilot program shall be determined by 

18 the Secretary. 

19 ‘‘(3) The scope of the pilot program shall be limited 

20 to no more than 100 total participants in no more than 

21 five critical medical specialties. The program shall last no 

22 more than two years, beginning on the earlier of the date 

23 the first participant is selected or January 1, 2010. ’’. 

24 (b) REPORTS.—The Secretary of Defense shall prepare 

25 a mid-term report and a final report on the findings and 


sroberts on PROD1PC70 with BILLS
214 

•HR 5122 RH 

1 recommendations resulting from the pilot program. The 

2 Secretary shall submit those reports to the Committees on 

3 Armed Services of the Senate and the House of Representa4 tives. 

5 SEC. 622. ENHANCEMENT OF TEMPORARY PROGRAM OF 

6 VOLUNTARY SEPARATION PAY AND BENE7 FITS. 

8 (a) ONE-YEAR EXTENSION OF AUTHORITY.—Section 

9 1175a(k)(1) of title 10, United States Code, is amended by 

10 striking ‘‘December 31, 2008,’’ and inserting ‘‘December 31, 

11 2009’’. 

12 (b) EXPANSION OF ELIGIBLE MEMBERS.—Section 643 

13 of the National Defense Authorization Act for Fiscal Year 

14 2006 (Public Law 109–163; 119 Stat. 3306) is amended 

15 by striking subsection (b). 

16 SEC. 623. ADDITIONAL AUTHORITIES AND INCENTIVES TO 

17 ENCOURAGE RETIRED MEMBERS AND RE18 SERVE COMPONENT MEMBERS TO VOLUN19 TEER TO SERVE ON ACTIVE DUTY IN HIGH20 DEMAND, LOW-DENSITY ASSIGNMENTS. 

21 (a) AUTHORITY TO OFFER INCENTIVE BONUS.—Chap22 ter 5 of title 37, United States Code, is amended by adding 

23 at the end the following new section: 


sroberts on PROD1PC70 with BILLS
215 

•HR 5122 RH 

1 ‘‘§ 329. Incentive bonus: retired members and reserve 

2 component members volunteering for 

3 high-demand, low-density assignments 

4 ‘‘(a) INCENTIVE BONUS AUTHORIZED.—The Secretary 

5 of Defense may pay a bonus under this section to a retired 

6 member or former member of the Army, Navy, Air Force, 

7 or Marine Corps or to a member of a reserve component 

8 of the Army, Navy, Air Force, or Marine Corps (who is 

9 not otherwise serving on active duty) who executes a written 

10 agreement to serve on active duty for a period specified in 

11 the agreement in an assignment intended to alleviate a 

12 high-demand, low-density military capability or in any 

13 other specialty designated by the Secretary as critical to 

14 meet wartime or peacetime requirements. 

15 ‘‘(b) MAXIMUM AMOUNT OF BONUS.—A bonus under 

16 subsection (a) and any incentive developed under subsection 

17 (d) may not exceed $50,000. 

18 ‘‘(c) METHODS OF PAYMENT.—At the election of the 

19 Secretary, a bonus under subsection (a) and any incentive 

20 developed under subsection (d) shall be paid or provided— 

21 ‘‘(1) when the member commences service on ac22 tive duty; or 

23 ‘‘(2) in annual installments in such amounts as 

24 may be determined by the Secretary. 

25 ‘‘(d) DEVELOPMENT OF ADDITIONAL INCENTIVES.—(1) 

26 The Secretary may develop and provide to members referred 


sroberts on PROD1PC70 with BILLS
216 

•HR 5122 RH 

1 to in subsection (a) additional incentives to encourage such 

2 members to return to active duty in assignments intended 

3 to alleviate a high-demand, low-density military capability 

4 or in others specialties designated by the Secretary as crit5 ical to meet wartime or peacetime requirements. 

6 ‘‘(2) The provision of any incentive developed under 

7 this subsection shall be subject to an agreement, as required 

8 for bonuses under subsection (a). 

9 ‘‘(3) Not later than 30 days before first offering any 

10 incentive developed under this subsection, the Secretary 

11 shall submit to the congressional defense committees a re12 port that contains a description of that incentive and an 

13 explanation why a bonus under subsection (a) or other pay 

14 and allowances are not sufficient to alleviate the high-de15 mand, low-density military capability or otherwise fill crit16 ical military specialties. 

17 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW18 ANCES.—A bonus or other incentive paid or provided to a 

19 member under this section is in addition to any other pay 

20 and allowances to which the member is entitled. 

21 ‘‘(f) REPAYMENT.—A member who does not complete 

22 the period of active duty specified in the agreement executed 

23 under subsection (a) or (d) shall be subject to the repayment 

24 provisions of section 303a(e) of this title. 


sroberts on PROD1PC70 with BILLS
217 

•HR 5122 RH 

1 ‘‘(g) HIGH-DEMAND, LOW-DENSITY ASSIGNMENT DE2 FINED.—In this section, the term ‘high-demand, low-density 

3 military capability’ means a combat, combat support or 

4 service support capability, unit, system, or occupational 

5 specialty that the Secretary determines has funding, equip6 ment, or personnel levels that are substantially below the 

7 levels required to fully meet or sustain actual or expected 

8 operational requirements set by regional commanders. 

9 ‘‘(h) REGULATIONS.—The Secretary of Defense may 

10 prescribe such regulations as the Secretary considers nec11 essary to carry out this section. 

12 ‘‘(i) TERMINATION OF AUTHORITY.—No agreement 

13 under subsection (a) or (d) may be entered into after De14 cember 31, 2010.’’. 

15 (b) TEMPORARY AUTHORITY TO ORDER RETIRED

16 MEMBERS TO ACTIVE DUTY IN HIGH-DEMAND, LOW-DEN17 SITY ASSIGNMENTS.—Section 688a of title 10, United 

18 States Code, is amended— 

19 (1) in subsection (a)— 

20 (A) by striking the first sentence and insert21 ing the following new sentence: ‘‘The Secretary of 

22 a military department may order to active duty 

23 a retired member who agrees to serve on active 

24 duty in an assignment intended to alleviate a 

25 high-demand, low-density military capability or 


sroberts on PROD1PC70 with BILLS
218 

•HR 5122 RH 

1 in any other specialty designated by the Sec2 retary as critical to meet wartime or peacetime 

3 requirements.’’; and 

4 (B) in the second sentence, by striking ‘‘offi5 cer’’ both places it appears and inserting ‘‘mem6 ber’’; 

7 (2) in subsection (b), by striking ‘‘an officer’’ 

8 and inserting ‘‘a member’’; 

9 (3) in subsection (c), by striking ‘‘500 officers’’ 

10 and inserting ‘‘1,000 members’’; 

11 (4) in subsection (d), by striking ‘‘officer’’ and 

12 inserting ‘‘member’’; 

13 (5) in subsection (e), by striking ‘‘Officers’’ and 

14 inserting ‘‘Retired members’’; 

15 (6) in subsection (f)— 

16 (A) by striking ‘‘An officer’’ and inserting 

17 ‘‘A retired member’’; and 

18 (B) by striking ‘‘September 30, 2008’’ and 

19 inserting ‘‘December 31, 2010’’; and 

20 (7) by adding at the end the following new sub21 section: 

22 ‘‘(g) HIGH-DEMAND, LOW-DENSITY ASSIGNMENT DE23 FINED.—In this section, the term ‘high-demand, low-density 

24 military capability’ means a combat, combat support or 

25 service support capability, unit, system, or occupational 


sroberts on PROD1PC70 with BILLS
219 

•HR 5122 RH 

1 specialty that the Secretary of Defense determines has fund2 ing, equipment, or personnel levels that are substantially 

3 below the levels required to fully meet or sustain actual or 

4 expected operational requirements set by regional com5 manders.’’. 

6 (c) CLERICAL AMENDMENTS.— 

7 (1) TITLE 37.—The table of sections at the begin8 ning of chapter 5 of title 37, United States Code, is 

9 amended by adding at the end the following new item: 

‘‘329. Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments.’’. 

10 (2) TITLE 10.—(A) The heading of section 688a 

11 of title 10, United States Code, is amended to read as 

12 follows: 

13 ‘‘§ 688a. Retired members: temporary authority to 

14 order to active duty in high-demand, low15 density assignments’’. 

16 (B) The table of sections at the beginning of 

17 chapter 39 of such title is amended by striking the 

18 item relating to section 688a and inserting the fol19 lowing new item: 

‘‘688a. Retired members: temporary authority to order to active duty in high-demand, low-density assignments.’’. 

20 (d) EFFECTIVE DATE.—No agreement may be entered 

21 into under section 329 of title 37, United States Code, as 

22 added by subsection (a), before October 1, 2006. 


sroberts on PROD1PC70 with BILLS
220 

•HR 5122 RH 

1 (e) LIMITATIONON FISCAL YEAR 2007 OBLIGA2 TIONS.—During fiscal year 2007, obligations incurred 

3 under section 329 of title 37, United States Code, as added 

4 by subsection (a), to provide bonuses or other incentives to 

5 retired members and former members of the Army, Navy, 

6 Air Force, or Marine Corps or to members of the reserve 

7 components of the Army, Navy, Air Force, and Marine 

8 Corps may not exceed $5,000,000. 

9 Subtitle C—Travel and 

10 Transportation Allowances 

11 SEC. 631. AUTHORITY TO PAY COSTS ASSOCIATED WITH DE12 LIVERY OF MOTOR VEHICLE TO STORAGE LO13 CATION SELECTED BY MEMBER AND SUBSE14 QUENT REMOVAL OF VEHICLE. 

15 Subsection (b) of section 2634 of title 10, United States 

16 Code, is amended— 

17 (1) by redesignating paragraph (4) as para18 graph (5); and 

19 (2) by inserting after paragraph (3) the fol20 lowing new paragraph: 

21 ‘‘(4) If a member elects to have a motor vehicle de22 scribed in subsection (a) stored at a location other than a 

23 storage location approved by the Secretary concerned, the 

24 delivery and removal costs described in paragraph (3) are 

25 the only costs that may be paid by the Secretary. The delivVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
221 

•HR 5122 RH 

1 ery or removal costs paid by the Secretary under this para2 graph may not exceed the total cost that would have been 

3 incurred by the United States had the storage location ap4 proved by the Secretary been used to store the motor vehicle. 

5 The United States is not responsible for any costs associated 

6 with the actual storage of the motor vehicle at the unap7 proved location.’’. 

8 SEC. 632. TRANSPORTATION OF ADDITIONAL MOTOR VEHI9 CLE OF MEMBERS ON CHANGE OF PERMA10 NENT STATION TO OR FROM NONFOREIGN 

11 AREAS OUTSIDE THE CONTINENTAL UNITED 

12 STATES. 

13 (a) AUTHORITY TO TRANSPORT ADDITIONAL MOTOR

14 VEHICLE.—Subsection (a) of section 2634 of title 10, 

15 United States Code, is amended— 

16 (1) by striking the sentence following paragraph 

17 (4); 

18 (2) by redesignating paragraphs (1), (2), (3), 

19 and (4) as subparagraphs (A), (B), (C), and (D), re20 spectively; 

21 (3) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

22 (4) by adding at the end the following new para23 graph: 


sroberts on PROD1PC70 with BILLS
222 

•HR 5122 RH 

1 ‘‘(2) One additional motor vehicle of a member (or a 

2 dependent of the member) may be transported as provided 

3 in paragraph (1) if— 

4 ‘‘(A) the member is ordered to make a change of 

5 permanent station to or from a nonforeign area out6 side the continental United States and the member 

7 has at least one dependent of driving age who will use 

8 the motor vehicle; or 

9 ‘‘(B) the Secretary concerned determines that a 

10 replacement for the motor vehicle transported under 

11 paragraph (1) is necessary for reasons beyond the 

12 control of the member and is in the interest of the 

13 United States and the Secretary approves the trans14 portation in advance.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 Such subsection is further amended— 

17 (1) by striking ‘‘his dependents’’ and inserting 

18 ‘‘a dependent of the member’’; 

19 (2) by striking ‘‘him’’ and inserting ‘‘the mem20 ber’’; 

21 (3) by striking ‘‘his)’’ and inserting ‘‘the mem22 ber)’’; 

23 (4) by striking ‘‘his new’’ and inserting ‘‘the 

24 member’s new’’; and 


sroberts on PROD1PC70 with BILLS
223 

•HR 5122 RH 

1 (5) in paragraph (1)(C), as redesignated by sub2 section (a), by striking ‘‘clauses (1) and (2)’’ and in3 serting ‘‘subparagraphs (A) and (B)’’. 

4 (c) EFFECTIVE DATE.—Paragraph (2)(A) of sub5 section (a) of section 2634 of title 10, United States Code, 

6 as added by subsection (a)(4), shall apply with respect to 

7 orders issued on or after the date of the enactment of this 

8 Act for members of the Armed Forces to make a change of 

9 permanent station to or from nonforeign areas outside the 

10 continental United States. 

11 SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES 

12 FOR TRANSPORTATION OF FAMILY MEMBERS 

13 INCIDENT TO ILLNESS OR INJURY OF MEM14 BERS. 

15 Section 411h(b)(1) of title 37, United States Code, is 

16 amended— 

17 (1) by striking ‘‘and’’ at the end of subpara18 graph (C); 

19 (2) by striking the period at the end of subpara20 graph (D) and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following new sub22 paragraph: 

23 ‘‘(E) a person related to the member as described 

24 in subparagraph (A), (B), (C), or (D) who is also a 

25 member of the uniformed services.’’. 


sroberts on PROD1PC70 with BILLS
224 

•HR 5122 RH 

1 Subtitle D—Retired Pay and 

2 Survivor Benefits 

3 SEC. 641. MILITARY SURVIVOR BENEFIT PLAN BENE4 FICIARIES UNDER INSURABLE INTEREST 

5 COVERAGE. 

6 (a) AUTHORITY TO ELECT NEW BENEFICIARY.—Sec7 tion 1448(b)(1) of title 10, United States Code, is amend8 ed— 

9 (1) by inserting ‘‘or under subparagraph (G) of 

10 this paragraph’’ in the second sentence of subpara11 graph (E) before the period at the end; and 

12 (2) by adding at the end the following new sub13 paragraph: 

14 ‘‘(G) ELECTION OF NEW BENEFICIARY UPON

15 DEATH OF PREVIOUS BENEFICIARY.— 

16 ‘‘(i) AUTHORITY FOR ELECTION.—If 

17 the reason for discontinuation in the Plan 

18 is the death of the beneficiary, the partici19 pant in the Plan may elect a new bene20 ficiary. Any such beneficiary must be a nat21 ural person with an insurable interest in 

22 the participant. Such an election may be 

23 made only during the 180-day period begin24 ning on the date of the death of the previous 

25 beneficiary. 


sroberts on PROD1PC70 with BILLS
225 

•HR 5122 RH 

1 ‘‘(ii) PROCEDURES.—Such an election 

2 shall be in writing, signed by the partici3 pant, and made in such form and manner 

4 as the Secretary concerned may prescribe. 

5 Such an election shall be effective the first 

6 day of the first month following the month 

7 in which the election is received by the Sec8 retary. 

9 ‘‘(iii) VITIATIONOF ELECTIONBY PAR10 TICIPANT WHO DIES WITHIN TWO YEARS OF

11 ELECTION.—If a person providing an annu12 ity under a election under clause (i) dies be13 fore the end of the two-year period begin14 ning on the effective date of the election— 

15 ‘‘(I) the election is vitiated; and 

16 ‘‘(II) the amount by which the 

17 person’s retired pay was reduced under 

18 section 1452 of this title that is attrib19 utable to the election shall be paid in 

20 a lump sum to the person who would 

21 have been the deceased person’s bene22 ficiary under the vitiated election if 

23 the deceased person had died after the 

24 end of such two-year period.’’. 


sroberts on PROD1PC70 with BILLS
226 

•HR 5122 RH 

1 (b) CHANGE IN PREMIUM FOR COVERAGE OF NEW

2 BENEFICIARY.—Section 1452(c) of such title is amended by 

3 adding at the end the following new paragraph: 

4 ‘‘(5) RULE FOR DESIGNATION OF NEW INSUR5 ABLE INTEREST BENEFICIARY FOLLOWING DEATH OF

6 ORIGINAL BENEFICIARY.—The Secretary of Defense 

7 shall prescribe in regulations premiums which a par8 ticipant making an election under section 

9 1448(b)(1)(G) of this title shall be required to pay for 

10 participating in the Plan pursuant to that election. 

11 The total amount of the premiums to be paid by a 

12 participant under the regulations shall be equal to the 

13 sum of the following: 

14 ‘‘(A) The total additional amount by which 

15 the retired pay of the participant would have 

16 been reduced before the effective date of the elec17 tion if the original beneficiary (i) had not died 

18 and had been covered under the Plan through the 

19 date of the election, and (ii) had been the same 

20 number of years younger than the participant (if 

21 any) as the new beneficiary designated under the 

22 election. 

23 ‘‘(B) Interest on the amounts by which the 

24 retired pay of the participant would have been 

25 so reduced, computed from the dates on which 


sroberts on PROD1PC70 with BILLS
227 

•HR 5122 RH 

1 the retired pay would have been so reduced at 

2 such rate or rates and according to such method3 ology as the Secretary of Defense determines rea4 sonable. 

5 ‘‘(C) Any additional amount that the Sec6 retary determines necessary to protect the actu7 arial soundness of the Department of Defense 

8 Military Retirement Fund against any increased 

9 risk for the fund that is associated with the elec10 tion.’’. 

11 (c) TRANSITION.— 

12 (1) TRANSITION PERIOD.—In the case of a par13 ticipant in the Survivor Benefit Plan who made a 

14 covered insurable-interest election (as defined in para15 graph (2)) and whose designated beneficiary under 

16 that election dies before the date of the enactment of 

17 this Act or during the 18-month period beginning on 

18 such date, the time period applicable for purposes of 

19 the limitation in the third sentence of subparagraph 

20 (G)(i) of section 1448(b)(1) of title 10, United States 

21 Code, as added by subsection (a), shall be the two22 year period beginning on the date of the enactment of 

23 this Act (rather than the 180-day period specified in 

24 that sentence). 


sroberts on PROD1PC70 with BILLS
228 

•HR 5122 RH 

1 (2) COVERED INSURABLE-INTEREST ELEC2 TIONS.—For purposes of paragraph (1), a covered in3 surable-interest election is an election under section 

4 1448(b)(1) of title 10, United States Code, made be5 fore the date of the enactment of this Act, or during 

6 the 18-month period beginning on such date, by a 

7 participant in the Survivor Benefit Plan to provide 

8 an annuity under that plan to a natural person with 

9 an insurable interest in that person. 

10 (3) SURVIVOR BENEFIT PLAN.—For purposes of 

11 this subsection, the term ‘‘Survivor Benefit Plan’’ 

12 means the program under subchapter II of chapter 73 

13 of title 10, United States Code. 

14 SEC. 642. RETROACTIVE PAYMENT OF ADDITIONAL DEATH 

15 GRATUITY FOR CERTAIN MEMBERS NOT PRE16 VIOUSLY COVERED. 

17 (a) SPECIFICATIONOF ADDITIONAL MEMBERS COV18 ERED.—Section 1478(d)(2) of title 10, United States Code, 

19 is amended by striking ‘‘May 11, 2005’’ and inserting ‘‘Au20 gust 31, 2005’’. 

21 (b) FUNDING.—Amounts for payments under section 

22 1478(d) of title 10, United States Code, as amended by sub23 section (a), with respect to deaths during the period begin24 ning on May 12, 2005, and ending on August 31, 2005, 


sroberts on PROD1PC70 with BILLS
229 

•HR 5122 RH 

1 may be derived from appropriations available to for the De2 partment of Defense for fiscal year 2006 or fiscal year 2007. 

3 SEC. 643. EQUITY IN COMPUTATION OF DISABILITY RE4 TIRED PAY FOR RESERVE COMPONENT MEM5 BERS WOUNDED IN ACTION. 

6 Section 1208(b) of title 10, United States Code, is 

7 amended by adding at the end the following new sentence: 

8 ‘‘However, in the case of such a member who is retired 

9 under this chapter, or whose name is placed on the tem10 porary disability retired list under this chapter, because of 

11 a disability incurred after the date of the enactment of this 

12 sentence for which the member is awarded the Purple Heart, 

13 the member shall be credited, for the purposes of this chap14 ter, with the number of years of service that would be count15 ed if computing the member’s years of service under section 

16 12732 of this title.’’. 

17 Subtitle E—Commissary and Non18 appropriated Fund Instrumen19 tality Benefits 

20 SEC. 651. TREATMENT OF PRICE SURCHARGES OF TOBACCO 

21 PRODUCTS AND CERTAIN OTHER MERCHAN22 DISE SOLD AT COMMISSARY STORES. 

23 (a) MERCHANDISE PROCURED FROM EXCHANGES.— 

24 Subsection (c)(3) of section 2484 of title 10, United States 

25 Code, is amended— 


sroberts on PROD1PC70 with BILLS
230 

•HR 5122 RH 

1 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; 

2 (2) by striking ‘‘Subsections’’ and inserting ‘‘Ex3 cept as provided in subparagraph (B), subsections’’; 

4 and 

5 (3) by adding at the end the following new sub6 paragraph: 

7 ‘‘(B) When a military exchange is the vendor of to8 bacco products or other merchandise authorized for sale in 

9 a commissary store under paragraph (1), any revenue above 

10 the cost of procuring the merchandise shall be allocated as 

11 if the revenue were a uniform sales price surcharge de12 scribed in subsection (d).’’. 

13 (b) MERCHANDISE TREATED AS NONCOMMISSARY

14 STORE INVENTORY.—Subsection (g) of such section is 

15 amended— 

16 (1) by inserting ‘‘(1)’’ before ‘‘Notwithstanding’’; 

17 (2) by striking ‘‘Subsections’’ and inserting ‘‘Ex18 cept as provided in paragraph (2), subsections’’; and 

19 (3) by adding at the end the following new para20 graph: 

21 ‘‘(2) When tobacco products are authorized for sale in 

22 a commissary store as noncommissary store inventory, any 

23 revenue above the cost of procuring the tobacco products 

24 shall be allocated as if the revenue were a uniform sales 

25 price surcharge described in subsection (d).’’. 


sroberts on PROD1PC70 with BILLS
231 

•HR 5122 RH 

1 SEC. 652. LIMITATION ON USE OF DEPARTMENT OF DE2 FENSE LEASE AUTHORITY TO UNDERMINE 

3 COMMISSARIES AND EXCHANGES AND OTHER 

4 MORALE, WELFARE, AND RECREATION PRO5 GRAMS AND NONAPPROPRIATED FUND IN6 STRUMENTALITIES. 

7 Section 2667(f) of title 10, United States Code, is 

8 amended by adding at the end the following new paragraph: 

9 ‘‘(5) Except in the case of a lease under this subsection, 

10 a lease of real property may not be entered into under this 

11 section to fascilitate the establishment or operation of an 

12 ancillary supporting facility (as defined in section 2871 of 

13 this title) if, as determined by the Secretary concerned, the 

14 facility is to be used for providing merchandise or services 

15 in direct competition with— 

16 ‘‘(A) the Army and Air Force Exchange Service; 

17 ‘‘(B) the Navy Exchange Service Command; 

18 ‘‘(C) a Marine Corps exchange; 

19 ‘‘(D) the Defense Commissary Agency; or 

20 ‘‘(E) any nonappropriated fund activity of the 

21 Department of Defense for the morale, welfare, and 

22 recreation of members of the armed forces.’’. 


sroberts on PROD1PC70 with BILLS
232 

•HR 5122 RH 

1 SEC. 653. USE OF NONAPPROPRIATED FUNDS TO SUPPLE2 MENT OR REPLACE APPROPRIATED FUNDS 

3 FOR CONSTRUCTION OF FACILITIES OF EX4 CHANGE STORES SYSTEM AND OTHER NON5 APPROPRIATED FUND INSTRUMENTALITIES, 

6 MILITARY LODGING FACILITIES, AND COMMU7 NITY FACILITIES. 

8 (a) IN GENERAL.—Subchapter III of chapter 147 of 

9 title 10, United States Code, is amended by inserting after 

10 section 2491c the following new section: 

11 ‘‘§ 2491d. Use of nonappropriated funds to supplement 

12 or replace appropriated funds for con13 struction of facilities of exchange stores 

14 system and other nonappropriated fund 

15 instrumentalities, military lodging facili16 ties, and community facilities 

17 ‘‘(a) USE OF NONAPPROPRIATED FUNDS.—The Sec18 retary of Defense may authorize the use of nonappropriated 

19 funds in lieu of or to supplement funds appropriated to 

20 the Department of Defense for the construction of the fol21 lowing: 

22 ‘‘(1) Facilities of the exchange stores system and 

23 other revenue-generating facilities operated by non24 appropriated fund instrumentalities of the Depart25 ment of Defense for the morale, welfare, and recre26 ation of members of the armed forces. 


sroberts on PROD1PC70 with BILLS
233 

•HR 5122 RH 

1 ‘‘(2) Facilities of other nonappropriated fund in2 strumentalities of the Department of Defense for the 

3 morale, welfare, and recreation of members of the 

4 armed forces. 

5 ‘‘(3) Military lodging facilities used to provide 

6 temporary lodging to authorized members of the 

7 armed forces, including temporary duty lodging, per8 manent change of station lodging, recreational lodg9 ing, and military treatment facility lodging. 

10 ‘‘(4) Community facilities intended to supple11 ment mission activities, such as military museums 

12 and service academy extra-curricular activities, or to 

13 facilitate private organizations or enterprises, such as 

14 financial services, memorials, and thrift shop facili15 ties, on military installations. 

16 ‘‘(b) USE CRITERIA.—The Secretary of Defense may 

17 prescribe by regulation the criteria under which non18 appropriated funds may be used under subsection (a). 

19 ‘‘(c) CONGRESSIONAL NOTIFICATION.—When a deci20 sion is made to use nonappropriated funds under subsection 

21 (a), the Secretary of Defense shall submit a report to the 

22 congressional defense committees containing the reasons for 

23 using nonappropriated funds in lieu of or to supplement 

24 appropriated funds and the amount of nonappropriated 

25 funds to be used. The nonappropriated funds may be used 


sroberts on PROD1PC70 with BILLS
234 

•HR 5122 RH 

1 only after the end of the 21-day period beginning on the 

2 date the report is received by such committees or, if earlier, 

3 the end of the 14-day period beginning on the date on which 

4 a copy of the report is provided in an electronic medium 

5 pursuant to section 480 of this title.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections at 

7 the beginning of such subchapter is amended by inserting 

8 after the item relating to section 2491c the end the following 

9 new item: 

‘‘2491d. Use of nonappropriated funds to supplement or replace appropriated 

funds for construction of facilities of exchange stores system and 

other nonappropriated fund instrumentalities, military lodging 

facilities, and community facilities.’’. 

10 SEC. 654. REPORT ON COST EFFECTIVENESS OF PUR11 CHASING COMMERCIAL INSURANCE FOR 

12 COMMISSARY AND EXCHANGE FACILITIES 

13 AND FACILITIES OF OTHER MORALE, WEL14 FARE, AND RECREATION PROGRAMS AND 

15 NONAPPROPRIATED FUND INSTRUMENTAL16 ITIES. 

17 (a) REPORT REQUIRED.—Not later than July 31, 

18 2007, the Secretary of Defense shall submit to Congress a 

19 report evaluating the cost effectiveness of the Defense Com20 missary Agency and the nonappropriated fund activities 

21 specified in subsection (b) purchasing commercial insur22 ance to protect financial interests in facilities operated by 


sroberts on PROD1PC70 with BILLS
235 

•HR 5122 RH 

1 the Defense Commissary Agency or those nonappropriated 

2 fund activities. 

3 (b) COVERED NONAPPROPRIATED FUND ACTIVITIES.— 

4 The report shall apply with respect to— 

5 (1) the Army and Air Force Exchange Service; 

6 (2) the Navy Exchange Service Command; 

7 (3) a Marine Corps exchange; and 

8 (4) any nonappropriated fund activity of the De9 partment of Defense for the morale, welfare, and 

10 recreation of members of the armed forces. 

11 Subtitle F—Other Matters 

12 SEC. 661. REPEAL OF ANNUAL REPORTING REQUIREMENT 

13 REGARDING EFFECTS OF RECRUITMENT AND 

14 RETENTION INITIATIVES. 

15 (a) REPEAL.—Section 1015 of title 37, United States 

16 Code, is repealed. 

17 (b) CLERICAL AMENDMENT.—The table of sections at 

18 the beginning of chapter 19 of title 37, United States Code, 

19 is amended by striking the item relating to section 1015. 

20 SEC. 662. PILOT PROJECT REGARDING PROVIDING GOLF 

21 CARTS ACCESSIBLE FOR DISABLED PERSONS 

22 AT MILITARY GOLF COURSES. 

23 (a) PILOT PROJECT REQUIRED.—The Secretary of De24 fense shall conduct a pilot project at not less than three 

25 military golf courses to evaluate the cost effectiveness and 


sroberts on PROD1PC70 with BILLS
236 

•HR 5122 RH 

1 utility of making available at military golf courses golf 

2 carts that are accessible for disabled persons authorized to 

3 use such courses and the demand among disabled persons 

4 authorized to use such courses for accessible golf carts. The 

5 Secretary shall provide at least two accessible golf carts at 

6 each pilot project location. 

7 (b) PILOT PROJECT LOCATIONS.—The military golf 

8 courses selected to participate in the pilot project shall be 

9 geographically dispersed, except that one of the military golf 

10 courses shall be in the Washington metropolitan area. 

11 (c) DURATION.—The Secretary shall conduct the pilot 

12 project for a minimum of one year. 

13 (d) REPORT REQUIRED.—Not later than 180 days 

14 after the conclusion of the pilot project, the Secretary shall 

15 submit a report to Congress containing the results of the 

16 project and such recommendations as the Secretary con17 siders appropriate regarding providing golf carts accessible 

18 to disabled persons. 

19 SEC. 663. ENHANCED AUTHORITY TO REMIT OR CANCEL IN20 DEBTEDNESS OF MEMBERS OF THE ARMED 

21 FORCES INCURRED ON ACTIVE DUTY. 

22 (a) PERIOD OF EXERCISE OF SERVICE SECRETARY

23 AUTHORITY AFTER SEPARATION FROM ACTIVE DUTY.— 

24 Sections 4837(b), 6161(b), and 9837(b) of title 10, United 

25 States Code, are each amended by striking ‘‘one-year peVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
237 

•HR 5122 RH 

1 riod’’ each place it appears and inserting ‘‘five-year pe2 riod’’. 

3 (b) TWO-YEAR EXTENSION OF ENHANCED AUTHOR4 ITY.—Subsections (a)(3), (b)(3), and (c)(3) of section 683 

5 of the National Defense Authorization Act for Fiscal Year 

6 2006 (Public Law 109–163; 119 Stat. 3322) are amended 

7 by striking ‘‘December 31, 2007’’ in the first sentence and 

8 inserting ‘‘December 31, 2009’’. 

9 TITLE VII—HEALTH CARE 

10 PROVISIONS 

Subtitle A—TRICARE Program Improvements 

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

domestic violence. 

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

and certain other patients. 

Sec. 703. Improvements to descriptions of cancer screening. 

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

uniformed services. 

Sec. 705. Services of mental health counselors. 

Sec. 706. Demonstration project on coverage of selected over-the-counter medications under the pharmacy benefit program. 

Sec. 707. Requirement to reimburse certain travel expenses of certain beneficiaries 

covered by TRICARE for life. 

Sec. 708. Inflation adjustment of differential payments to children’s hospitals 

participating in TRICARE program. 

Sec. 709. Expanded eligibility of Selected Reserve members under TRICARE program. 

Sec. 710. Extension to TRICARE of medicare prohibition of financial incentives 

not to enroll in group health plan. 

Subtitle B—Studies and Reports 

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

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

Sec. 713. Comptroller General study and report on Defense Health Program. 

Sec. 714. Transfer of custody of the Air Force Health Study assets to Medical 

Follow-up Agency. 

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


sroberts on PROD1PC70 with BILLS
238 

•HR 5122 RH 

Subtitle C—Other Matters 

Sec. 721. Costs of incentive payments to employees for TRICARE enrollment 

made unallowable for contractors. 

Sec. 722. Requirement for military medical personnel to be trained in preservation of remains. 

Subtitle D—Pharmacy Benefits Program Improvements 

Sec. 731. TRICARE pharmacy program cost-share requirements. 

1 Subtitle A—TRICARE Program 

2 Improvements 

3 SEC. 701. TRICARE COVERAGE FOR FORENSIC EXAMINA4 TION FOLLOWING SEXUAL ASSAULT OR DO5 MESTIC VIOLENCE. 

6 Section 1079(a) of title 10, United States Code, is 

7 amended by adding at the end the following new paragraph: 

8 ‘‘(17) Forensic examinations following a sexual 

9 assault or domestic violence may be provided.’’. 

10 SEC. 702. AUTHORIZATION OF ANESTHESIA AND OTHER 

11 COSTS FOR DENTAL CARE FOR CHILDREN 

12 AND CERTAIN OTHER PATIENTS. 

13 Section 1079(a)(1) of title 10, United States Code, is 

14 amended to read as follows: 

15 ‘‘(1) With respect to dental care— 

16 ‘‘(A) except as provided in subparagraph 

17 (B), only that care required as a necessary ad18 junct to medical or surgical treatment may be 

19 provided; and 

20 ‘‘(B) in connection with dental treatment 

21 for patients with developmental, mental, or physVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
239 

•HR 5122 RH 

1 ical disabilities or for pediatric patients age 5 or 

2 under, only institutional and anesthesia services 

3 may be provided.’’. 

4 SEC. 703. IMPROVEMENTS TO DESCRIPTIONS OF CANCER 

5 SCREENING. 

6 (a) TERMS RELATED TO PRIMARY AND PREVENTIVE

7 HEALTH CARE SERVICES FOR WOMEN.—Section 1074d(b) 

8 of title 10, United States Code, is amended— 

9 (1) in paragraph (1), by striking ‘‘Papanicolaou 

10 tests (pap smear)’’ and inserting ‘‘Cervical cancer 

11 screening’’; and 

12 (2) in paragraph (2), by striking ‘‘Breast exami13 nations and mammography’’ and inserting ‘‘Breast 

14 cancer screening’’. 

15 (b) TERMS RELATED TO CONTRACTS FOR MEDICAL

16 CARE FOR SPOUSES AND CHILDREN.—Section 1079(a)(2) 

17 of such title is amended— 

18 (1) in the matter preceding subparagraph (A), 

19 by striking ‘‘the schedule of pap smears and mammo20 grams’’ and inserting ‘‘the schedule and method of 

21 breast and cervical cancer screenings’’; and 

22 (2) in subparagraph (B), by striking ‘‘pap 

23 smears and mammograms or’’ and inserting ‘‘cer24 vical, breast,’’. 


sroberts on PROD1PC70 with BILLS
240 

•HR 5122 RH 

1 SEC. 704. PROHIBITION ON INCREASES IN CERTAIN 

2 HEALTH CARE COSTS FOR MEMBERS OF THE 

3 UNIFORMED SERVICES. 

4 (a) PROHIBITIONON INCREASE IN CHARGES UNDER

5 CONTRACTS FOR MEDICAL CARE.—Section 1097(e) of title 

6 10, United States Code, is amended by adding at the end 

7 the following: ‘‘A premium, deductible, copayment, or other 

8 charge prescribed by the Secretary under this subsection 

9 may not be increased during the period beginning on April 

10 1, 2006, and ending on December 31, 2007.’’. 

11 (b) PROHIBITIONON INCREASE IN CHARGES FOR IN12 PATIENT CARE.—Section 1086(b)(3) of title 10, United 

13 States Code, is amended by inserting after ‘‘charges for in14 patient care’’ the following: ‘‘, except that in no case may 

15 the charges for inpatient care for a patient exceed $535 per 

16 day during the period beginning on April 1, 2006, and end17 ing on December 31, 2007.’’. 

18 (c) PROHIBITIONON INCREASE IN PREMIUMS UNDER

19 TRICARE COVERAGE FOR CERTAIN MEMBERS INTHE SE20 LECTED RESERVE.—Section 1076d(d)(3) of title 10, United 

21 States Code, is amended by adding at the end the following: 

22 ‘‘During the period beginning on April 1, 2006, and ending 

23 on December 31, 2007, the monthly amount of the premium 

24 may not be increased above the amount in effect for the 

25 month of March 2006.’’. 


sroberts on PROD1PC70 with BILLS
241 

•HR 5122 RH 

1 (d) PROHIBITIONON INCREASE IN PREMIUMS UNDER

2 TRICARE COVERAGE FOR MEMBERS OF THE READY RE3 SERVE.—Section 1076b(e)(3) of title 10, United States 

4 Code, is amended by adding at the end the following: ‘‘Dur5 ing the period beginning on April 1, 2006, and ending on 

6 December 31, 2007, the monthly amount of a premium 

7 under paragraph (2) may not be increased above the 

8 amount in effect for the first month health care is provided 

9 under this section as amended by Public Law 109–163.’’. 

10 SEC. 705. SERVICES OF MENTAL HEALTH COUNSELORS. 

11 (a) REIMBURSEMENT OF MENTAL HEALTH COUN12 SELORS UNDER TRICARE.— 

13 (1) REIMBURSEMENT UNDER TRICARE.—Section 

14 1079(a)(8) of title 10, United States Code, is amend15 ed— 

16 (A) by inserting ‘‘or licensed or certified 

17 mental health counselors’’ after ‘‘certified mar18 riage and family therapists’’ both places it ap19 pears; and 

20 (B) by inserting ‘‘or licensed or certified 

21 mental health counselors’’ after ‘‘that the thera22 pists.’’ 

23 (2) AUTHORITY TO ASSESS MEDICAL OR PSYCHO24 LOGICAL NECESSITY OF SERVICE OR SUPPLY.—Sec25 tion 1079(a)(13) of such title is amended by inserting 


sroberts on PROD1PC70 with BILLS
242 

•HR 5122 RH 

1 ‘‘, licensed or certified mental health counselor, ’’ after 

2 ‘‘certified marriage and family therapist’’. 

3 (b) SERVICES OF MENTAL HEALTH COUNSELORS.— 

4 (1) AUTHORITY TO ENTER INTO PERSONAL SERV5 ICES CONTRACTS.—Section 704(c)(2) of the National 

6 Defense Authorization Act for Fiscal Year 1995 (Pub7 lic Law 103–337; 108 Stat. 2799; 10 U.S.C. 1091 

8 note) is amended by inserting ‘‘mental health coun9 selors,’’ after ‘‘psychologists,’’. 

10 (2) APPLICABILITY OF LICENSURE REQUIREMENT

11 FOR HEALTH-CARE PROFESSIONALS.—Section 1094 

12 (e)(2) of title 10, United States Code, is amended by 

13 inserting ‘‘mental health counselor,’’ after ‘‘psycholo14 gist,’’. 

15 SEC. 706. DEMONSTRATION PROJECT ON COVERAGE OF SE16 LECTED OVER-THE-COUNTER MEDICATIONS 

17 UNDER THE PHARMACY BENEFIT PROGRAM. 

18 (a) REQUIREMENT TO CONDUCT DEMONSTRATION.— 

19 The Secretary of Defense shall conduct a demonstration 

20 project under section 1092 of title 10, United States Code, 

21 to allow particular over-the-counter medications to be in22 cluded on the uniform formulary under section 1074g of 

23 such title. 

24 (b) ELEMENTS OF DEMONSTRATION PROJECT.— 


sroberts on PROD1PC70 with BILLS
243 

•HR 5122 RH 

1 (1) INCLUSIONOF CERTAINOVER-THE-COUNTER

2 MEDICATIONS.—As part of the demonstration project, 

3 the Secretary shall modify uniform formulary speci4 fications under section 1074g(a)(2) of such title to in5 clude on the uniform formulary any pharmaceutical 

6 agent that does not require a prescription (commonly 

7 referred to as an over-the-counter medication) if the 

8 Pharmacy and Therapeutics Committee finds that the 

9 over-the-counter medication is a clinically effective 

10 and cost-effective alternative to a pharmaceutical 

11 agent that requires a prescription. If the Pharmacy 

12 and Therapeutics Committee makes such a finding, 

13 the over-the-counter medication shall be considered to 

14 be in the same therapeutic class of pharmaceutical 

15 agents that the agent requiring a prescription is in, 

16 and to the same extent as any agent in the class that 

17 requires a prescription. Such an over-the-counter 

18 medication shall be made available to a beneficiary 

19 through the demonstration program only if the medi20 cation is in place of a pharmaceutical agent requir21 ing a prescription and the beneficiary has a prescrip22 tion for that pharmaceutical agent. 

23 (2) CONDUCT THROUGH MILITARY FACILITIES, 

24 RETAIL PHARMACIES, OR MAIL ORDER PROGRAM.— 

25 The Secretary shall conduct the demonstration project 


sroberts on PROD1PC70 with BILLS
244 

•HR 5122 RH 

1 through at least two of the means described in sub2 paragraph (E) of section 1074g(a)(2) through which 

3 over-the-counter medications are provided and may 

4 conduct the demonstration project throughout the en5 tire pharmacy benefits program or at a limited num6 ber of sites. If the project is conducted at a limited 

7 number of sites, the number of sites shall be not less 

8 than five in each TRICARE region for each of the 

9 two means described in such subparagraph (E). 

10 (3) PERIOD OF DEMONSTRATION.—The Secretary 

11 shall provide for conducting the demonstration project 

12 for a period of time necessary to evaluate the feasi13 bility and cost effectiveness of the demonstration. 

14 Such period shall be at least as long as the period 

15 covered by pharmacy contracts in existence on the 

16 date of the enactment of this Act (including any ex17 tensions of the contracts), or five years, whichever is 

18 shorter. 

19 (4) IMPLEMENTATION DEADLINE.— Implementa20 tion of the demonstration project shall begin not later 

21 than May 1, 2007. 

22 (c) REPORT.—Not later than 60 days before the end 

23 of the demonstration project, the Secretary shall submit to 

24 the Committees on Armed Services of the House of Rep25 resentatives and the Senate a report on the demonstration 


sroberts on PROD1PC70 with BILLS
245 

•HR 5122 RH 

1 project. The report shall contain an evaluation by the Sec2 retary of the costs and benefits of the project, and rec3 ommendations on whether permanent authority should be 

4 provided to cover over-the-counter medications under the 

5 pharmacy benefits program. 

6 (d) CONTINUATION OF DEMONSTRATION PROJECT.—If 

7 the Secretary recommends in the report under subsection 

8 (c) that permanent authority should be provided, the Sec9 retary may continue the demonstration project for up to 

10 one year after submitting the report. 

11 SEC. 707. REQUIREMENT TO REIMBURSE CERTAIN TRAVEL 

12 EXPENSES OF CERTAIN BENEFICIARIES COV13 ERED BY TRICARE FOR LIFE. 

14 (a) REQUIREMENT.—Section 1074i of title 10, United 

15 States Code, is amended by adding at the end the following 

16 new subsection: 

17 ‘‘(c) TRICARE FOR LIFE BENEFICIARIES.— 

18 ‘‘(1) An eligible TRICARE for Life beneficiary 

19 shall be provided reimbursement for travel expenses to 

20 a military medical treatment facility if— 

21 ‘‘(A) the purpose of the travel is for a fol22 low-up appointment for medical treatment of a 

23 condition of the beneficiary; and 


sroberts on PROD1PC70 with BILLS
246 

•HR 5122 RH 

1 ‘‘(B) the initial appointment for medical 

2 treatment of the condition was at the same facil3 ity. 

4 ‘‘(2) Reimbursement under this subsection shall, 

5 as nearly as practicable, be under the same terms and 

6 conditions, and shall be at the same rate, as apply to 

7 beneficiary travel reimbursement provided under sub8 section (a), except that reimbursement shall be pro9 vided— 

10 ‘‘(A) for no more than 3 follow-up appoint11 ments; and 

12 ‘‘(B) only if adequate follow-up medical 

13 treatment, as determined under the TRICARE 

14 program, cannot be obtained within 100 miles of 

15 the residence of the beneficiary. 

16 ‘‘(3) In this subsection, the term ‘eligible 

17 TRICARE for Life beneficiary’ means a person— 

18 ‘‘(A) who is eligible for health benefits under 

19 section 1086 of this title by reason of subsection 

20 (d)(2)(A) of that section; 

21 ‘‘(B) who attained age 65 after an initial 

22 appointment for medical treatment at a military 

23 medical treatment facility; and 

24 ‘‘(C) who resides more than 100 miles from 

25 the military medical treatment facility and was 


sroberts on PROD1PC70 with BILLS
247 

•HR 5122 RH 

1 referred to such facility for treatment by a spe2 cialty care provider.’’. 

3 (b) EFFECTIVE DATE.—Subsection (c) of section 1074i 

4 of title 10, United States Code, as added by subsection (a), 

5 shall apply with respect to beneficiaries who attain age 65 

6 after the date of the enactment of this Act. 

7 SEC. 708. INFLATION ADJUSTMENT OF DIFFERENTIAL PAY8 MENTS TO CHILDREN’S HOSPITALS PARTICI9 PATING IN TRICARE PROGRAM. 

10 (a) ANNUAL INFLATION ADJUSTMENT.—Beginning in 

11 fiscal year 2007, the Secretary of Defense shall annually 

12 adjust for inflation the TRICARE children’s hospital dif13 ferential payment rate. The adjustment for a fiscal year 

14 shall be the same as the applicable percentage increase de15 fined under section 1886(d)(3)(B)(i) of the Social Security 

16 Act (42 U.S.C. 1395ww(d)(3)(B)(i)) for that fiscal year for 

17 hospitals located in large urban areas. 

18 (b) TRICARE CHILDREN’S HOSPITAL DIFFERENTIAL

19 PAYMENT RATE.—In this section, the term ‘‘TRICARE 

20 children’s hospital differential payment rate’’ means the 

21 differential payment rate by the Department of Defense to 

22 children’s hospitals for health care services for dependent 

23 children of members of the uniformed services under the 

24 TRICARE program. 


sroberts on PROD1PC70 with BILLS
248 

•HR 5122 RH 

1 SEC. 709. EXPANDED ELIGIBILITY OF SELECTED RESERVE 

2 MEMBERS UNDER TRICARE PROGRAM. 

3 (a) GENERAL ELIGIBILITY.—Subsection (a) of section 

4 1076d of title 10, United States Code, is amended— 

5 (1) by striking ‘‘(a) ELIGIBILITY.—A member’’ 

6 and inserting ‘‘(a) ELIGIBILITY.—(1) Except as pro7 vided in paragraph (2), a member’’; 

8 (2) by striking ‘‘after the member completes’’ and 

9 all that follows through ‘‘one or more whole years fol10 lowing such date’’; and 

11 (3) by adding at the end the following new para12 graph: 

13 ‘‘(2) Paragraph (1) does not apply to a member who 

14 is enrolled, or is eligible to enroll, in a health benefits plan 

15 under chapter 89 of title 5.’’. 

16 (b) CONDITION FOR TERMINATION OF ELIGIBILITY.— 

17 Subsection (b) of such section is amended— 

18 (1) by striking ‘‘(b) PERIOD OF COVERAGE.—(1) 

19 TRICARE Standard’’ and all that follows through 

20 ‘‘(4) Eligibility’’ and inserting ‘‘(b) TERMINATION OF

21 ELIGIBILITY UPON TERMINATION OF SERVICE.—Eli22 gibility’’; and 

23 (2) by striking paragraph (5). 

24 (c) CONFORMING AMENDMENTS.— 

25 (1) Such section is further amended— 

26 (A) by striking subsection (e); 


sroberts on PROD1PC70 with BILLS
249 

•HR 5122 RH 

1 (B) by redesignating subsection (g) as sub2 section (e) and transferring such subsection with3 in such section so as to appear following sub4 section (d); and 

5 (C) by striking paragraph (3) of subsection 

6 (f). 

7 (2) The heading for such section is amended to 

8 read as follows: 

9 ‘‘§ 1076d. TRICARE program: TRICARE standard cov10 erage for members of the Selected Re11 serve’’. 

12 (d) REPEAL OF OBSOLETE PROVISION.—Section 

13 1076b of title 10, United States Code, is repealed. 

14 (e) CLERICAL AMENDMENTS.—The table of sections at 

15 the beginning of chapter 55 of title 10, United States Code, 

16 is amended— 

17 (1) by striking the item relating to section 

18 1076b; and 

19 (2) by striking the item relating to section 1076d 

20 and inserting the following: 

‘‘1076d. TRICARE program: TRICARE Standard coverage for members of the Selected Reserve.’’. 

21 (f) SAVINGS PROVISION.—Enrollments in TRICARE 

22 Standard that are in effect on the day before the date of 

23 the enactment of this Act under section 1076d of title 10, 

24 United States Code, as in effect on such day, shall be continVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
250 

•HR 5122 RH 

1 ued until terminated after such day under such section 

2 1076d as amended by this section. 

3 (g) EFFECTIVE DATE.—The Secretary of Defense shall 

4 ensure that health care under TRICARE Standard is pro5 vided under section 1076d of title 10, United States Code, 

6 as amended by this section, beginning not later than Octo7 ber 1, 2007. 

8 SEC. 710. EXTENSION TO TRICARE OF MEDICARE PROHIBI9 TION OF FINANCIAL INCENTIVES NOT TO EN10 ROLL IN GROUP HEALTH PLAN. 

11 (a) IN GENERAL.—Section 1097b of title 10, United 

12 States Code, is amended by redesignating subsection (c) as 

13 subsection (d) and by adding the following after subsection 

14 (b): 

15 ‘‘(c) PROHIBITIONOF FINANCIAL INCENTIVES NOT TO

16 ENROLL IN A GROUP HEALTH PLAN.—(1) Except as pro17 vided in this subsection, the provisions of section 

18 1862(b)(3)(C) of the Social Security Act shall apply with 

19 respect to financial or other incentives for an individual 

20 eligible for benefits under section 1086 of this title not to 

21 enroll (or to terminate enrollment) under a health plan 

22 which would (in the case of such enrollment) be a primary 

23 plan under sections 1079(j)(1) and 1086(g) of this title in 

24 the same manner as such section 1862(b)(3)(C) applies to 

25 financial or other incentives for an individual entitled to 


sroberts on PROD1PC70 with BILLS
251 

•HR 5122 RH 

1 benefits under title XVIII of the Social Security Act not 

2 to enroll (or to terminate enrollment) under a group health 

3 plan or a large group health plan which would (in the case 

4 of enrollment) be a primary plan (as defined in section 

5 1862(b)(2)(A) of such Act). 

6 ‘‘(2)(A) The Secretary of Defense may by regulation 

7 adopt such exceptions to the prohibition referenced and ap8 plied under paragraph (1) as the Secretary deems appro9 priate and such paragraph (1) shall be implemented taking 

10 into account the adoption of such exceptions. 

11 ‘‘(B) The Secretary of Defense and the Secretary of 

12 Health and Human Services are authorized to enter into 

13 agreements for carrying out this subsection. Any such agree14 ment shall provide that any expenses incurred by the Sec15 retary of Health and Human Services pertaining to car16 rying out this subsection shall be reimbursed by the Sec17 retary of Defense. 

18 ‘‘(C) Authorities of the Inspector General of the De19 partment of Defense shall be available for oversight and in20 vestigations of responsibilities of employers and other enti21 ties under this subsection. 

22 ‘‘(D) Information obtained under section 1095(k) of 

23 this title may be used in carrying out this subsection in 

24 the same manner as information obtained under section 

25 1862(b)(5) may be used in carrying out section 1862(b). 


sroberts on PROD1PC70 with BILLS
252 

•HR 5122 RH 

1 ‘‘(E) Any amounts collected in carrying out paragraph 

2 (1) shall be handled in accordance with section 1079a of 

3 this title. 

4 ‘‘(3) In addition to any penalty applied under the au5 thority of paragraph (1), the Secretary of Defense may by 

6 regulation provide that repeated violations by an employer 

7 or other entity of the prohibition referenced and applied 

8 under paragraph (1) are grounds for exclusion of the em9 ployer or other entity from any contract or subcontract to 

10 provide goods or services to, or any financial assistance 

11 from, the Department of Defense.’’. 

12 (b) CONFORMING AMENDMENT.—Section 1095(k)(5) of 

13 such title is amended by striking ‘‘and 1086(d)’’ and insert14 ing ‘‘, 1086(d), and 1097b(c)’’. 

15 (c) EFFECTIVE DATE.—The amendments made by this 

16 section shall take effect January 1, 2008. 

17 Subtitle B—Studies and Reports 

18 SEC. 711. DEPARTMENT OF DEFENSE TASK FORCE ON THE 

19 FUTURE OF MILITARY HEALTH CARE. 

20 (a) REQUIREMENT TO ESTABLISH.—The Secretary of 

21 Defense shall establish within the Department of Defense a 

22 task force to examine matters relating to the future of mili23 tary health care. 

24 (b) COMPOSITION.— 


sroberts on PROD1PC70 with BILLS
253 

•HR 5122 RH 

1 (1) MEMBERS.—The task force shall consist of 

2 not more than 14 members appointed by the Sec3 retary of Defense from among individuals described 

4 in paragraph (2) who have demonstrated expertise in 

5 the area of health care programs and costs. 

6 (2) RANGE OF MEMBERS.—The individuals ap7 pointed to the task force shall include— 

8 (A) at least one member of each of the Med9 ical Departments of the Army, Navy, and Air 

10 Force; 

11 (B) a number of persons from outside the 

12 Department of Defense equal to the total number 

13 of personnel from within the Department of De14 fense (whether members of the Armed Forces or 

15 civilian personnel) who are appointed to the task 

16 force; 

17 (C) persons who have experience in— 

18 (i) health care actuarial forecasting; 

19 (ii) health care program development; 

20 (iii) health care budget management; 

21 (iv) evidence-based medicine; 

22 (v) health care performance measure23 ment; 

24 (vi) health care quality improvement; 

25 and 


sroberts on PROD1PC70 with BILLS
254 

•HR 5122 RH 

1 (vii) academic institute research in 

2 health care services; 

3 (D) at least one member from the Institute 

4 of Medicine; 

5 (E) at least one member from the Defense 

6 Business Board; and 

7 (F) at least one representative from a mili8 tary or veterans service organization who has ex9 perience in health care. 

10 (3) INDIVIDUALS APPOINTED OUTSIDE THE DE11 PARTMENT OF DEFENSE.— 

12 (A) Individuals appointed to the task force 

13 from outside the Department of Defense may in14 clude officers or employees of other departments 

15 or agencies of the Federal Government, officers or 

16 employees of State and local governments, or in17 dividuals from the private sector. 

18 (B) Individuals appointed to the task force 

19 from outside the Department of Defense shall in20 clude— 

21 (i) an officer or employee of the De22 partment of Veterans Affairs; and 

23 (ii) an officer or employee of the De24 partment of Health and Human Services. 


sroberts on PROD1PC70 with BILLS
255 

•HR 5122 RH 

1 (4) DEADLINE FOR APPOINTMENT.—All appoint2 ments of individuals to the task force shall be made 

3 not later than 90 days after the date of the enactment 

4 of this Act. 

5 (5) CO-CHAIRS OF TASK FORCE.—There shall be 

6 two co-chairs of the task force. One of the co-chairs 

7 shall be designated by the Secretary of Defense at the 

8 time of appointment from among the Department of 

9 Defense personnel appointed to the task force. The 

10 other co-chair shall be selected from among the mem11 bers appointed from outside the Department of De12 fense by members so appointed. 

13 (c) ASSESSMENT AND RECOMMENDATIONS ON THE FU14 TURE OF MILITARY HEALTH CARE.— 

15 (1) INGENERAL.—Not later than 12 months 

16 after the date on which all members of the task force 

17 have been appointed, the task force shall submit to the 

18 Secretary a report containing an assessment of, and 

19 recommendations for, sustaining the military health 

20 care services being provided to members of the Armed 

21 Forces, retirees, and their families. 

22 (2) UTILIZATIONOF OTHER EFFORTS.—In pre23 paring the report, the task force shall take into con24 sideration the findings and recommendation included 

25 in the Healthcare for Military Retirees Task Group 


sroberts on PROD1PC70 with BILLS
256 

•HR 5122 RH 

1 of the Defense Business Board, previous Government 

2 Accountability Office reports, studies and reviews by 

3 the Assistant Secretary of Defense for Health Affairs, 

4 and any other studies or research conducted by orga5 nizations regarding improvements to sustain the mili6 tary health care system. 

7 (3) ELEMENTS.—The assessment and rec8 ommendations (including recommendations for legis9 lative or administrative action) shall include meas10 ures to improve the following: 

11 (A) Wellness initiatives and disease man12 agement programs of the Department of Defense, 

13 including health risk tracking and the use of re14 wards for wellness. 

15 (B) Education programs focused on preven16 tion awareness and patient-initiated health care. 

17 (C) The ability to account for the true and 

18 accurate cost of health care in the military 

19 health system. 

20 (D) Alternative health care initiatives to 

21 manage patient behavior and costs. 

22 (E) The appropriate command and control 

23 structure within the Department of Defense and 

24 the Armed Forces to manage the military health 

25 system. 


sroberts on PROD1PC70 with BILLS
257 

•HR 5122 RH 

1 (F) The adequacy of the military health 

2 care procurement system, including methods to 

3 streamline existing procurement activities. 

4 (G) The appropriate mix of military and 

5 civilian personnel to meet future readiness and 

6 high-quality health care service requirements. 

7 (H) The beneficiary and Government cost 

8 sharing structure required to sustain the mili9 tary health benefits over the long term. 

10 (I) Programs focused on managing the 

11 health care needs of Medicare-eligible military 

12 beneficiaries. 

13 (J) Efficient and cost effective contracts for 

14 health care services, including performance-based 

15 requirements for health care provider reimburse16 ment. 

17 (c) ADMINISTRATIVE MATTERS.— 

18 (1) COMPENSATION.—Each member of the task 

19 force who is a member of the Armed Forces or a civil20 ian officer or employee of the United States shall 

21 serve without compensation (other than compensation 

22 to which entitled as a member of the Armed Forces 

23 or an officer or employee of the United States, as the 

24 case may be). Other members of the task force shall 

25 be treated for purposes of section 3161 of title 5, 


sroberts on PROD1PC70 with BILLS
258 

•HR 5122 RH 

1 United States Code, as having been appointed under 

2 subsection (b) of such section. 

3 (2) OVERSIGHT.—The Under Secretary of De4 fense for Personnel and Readiness shall oversee the ac5 tivities of the task force. 

6 (3) ADMINISTRATIVE SUPPORT.—The Wash7 ington Headquarters Services of the Department of 

8 Defense shall provide the task force with personnel, fa9 cilities, and other administrative support as nec10 essary for the performance of the duties of the task 

11 force. 

12 (4) ACCESS TO FACILITIES.—The Under Sec13 retary of Defense for Personnel and Readiness shall, 

14 in coordination with the Secretaries of the military 

15 departments, ensure appropriate access by the task 

16 force to military installations and facilities for pur17 poses of the discharge of the duties of the task force. 

18 (e) REPORT.— 

19 (1) INGENERAL.—The task force shall submit to 

20 the Secretary of Defense a report on its activities 

21 under this section. The report shall include— 

22 (A) a description of the activities of the task 

23 force; 

24 (B) the assessment and recommendations re25 quired by subsection (c); and 


sroberts on PROD1PC70 with BILLS
259 

•HR 5122 RH 

1 (C) such other matters relating to the ac2 tivities of the task force that the task force con3 siders appropriate. 

4 (2) TRANSMITTAL TO CONGRESS.—Not later than 

5 90 days after receipt of the report under paragraph 

6 (1), the Secretary shall transmit the report to the 

7 Committees on Armed Services of the Senate and the 

8 House of Representatives. The Secretary may include 

9 in the transmittal such comments on the report as the 

10 Secretary considers appropriate. 

11 (f) PLAN REQUIRED.—Not later than 6 months after 

12 receipt of the report from the task force under subsection 

13 (e)(1), the Secretary of Defense shall develop a plan based 

14 on the recommendations of the task force and submit the 

15 plan to the Committees on Armed Services of the Senate 

16 and the House of Representatives. 

17 (g) TERMINATION.—The task force shall terminate 90 

18 days after the date on which the report of the task force 

19 is submitted to Congress under subsection (e)(2). 

20 SEC. 712. STUDY AND PLAN RELATING TO CHIROPRACTIC 

21 HEALTH CARE SERVICES. 

22 (a) STUDY REQUIRED.— 

23 (1) GROUPS COVERED.—The Secretary of De24 fense shall conduct a study of providing chiropractic 


sroberts on PROD1PC70 with BILLS
260 

•HR 5122 RH 

1 health care services and benefits to the following 

2 groups: 

3 (A) All members of the uniformed services 

4 on active duty and entitled to care under section 

5 1074(a) of title 10, United States Code. 

6 (B) All members described in subparagraph 

7 (A) and their eligible dependents, and all mem8 bers of reserve components of the uniformed serv9 ices and their eligible dependents. 

10 (C) All members or former members of the 

11 uniformed services who are entitled to retired or 

12 retainer pay or equivalent pay and their eligible 

13 dependents. 

14 (2) MATTERS EXAMINED.— 

15 (A) For each group listed in subparagraphs 

16 (A), (B), and (C) of paragraph (1), the study 

17 shall examine the following with respect to chiro18 practic health care services and benefits: 

19 (i) The cost of providing such services 

20 and benefits. 

21 (ii) The feasibility of providing such 

22 services and benefits. 

23 (iii) An assessment of the health care 

24 benefits of providing such services and bene25 fits. 


sroberts on PROD1PC70 with BILLS
261 

•HR 5122 RH 

1 (iv) An estimate of the potential cost 

2 savings of providing such services and bene3 fits in lieu of other medical services. 

4 (v) The identification of existing and 

5 planned health care infrastructure, includ6 ing personnel, equipment, and facilities, to 

7 accommodate the provision of chiropractic 

8 health care services. 

9 (B) For the members of the group listed in 

10 subparagraph (A) of paragraph (1), the study 

11 shall examine the effects of providing chiro12 practic health care services and benefits— 

13 (i) on the readiness of such members; 

14 and 

15 (ii) on the acceleration of the return to 

16 duty of such members following an identi17 fied injury or other malady that can be ap18 propriately treated with chiropractic health 

19 care services. 

20 (3) SPACE AVAILABLE COSTS.—The study shall 

21 also include a detailed analysis of the projected costs 

22 of providing chiropractic health care services on a 

23 space available basis in the military treatment facili24 ties currently providing chiropractic care under sec25 tion 702 of the Floyd D. Spence National Defense AuVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
262 

•HR 5122 RH 

1 thorization Act of Fiscal Year 2001 (as enacted by 

2 Public Law 106–398; 10 U.S.C. 1092 note). 

3 (4) ELIGIBLE DEPENDENTS DEFINED.—In this 

4 section, the term ‘‘eligible dependent’’ has the mean5 ing given that term in section 1076a(k) of title 10, 

6 United States Code. 

7 (b) PLAN REQUIRED.—Not later than March 31, 2007, 

8 the Secretary of Defense shall revise the plan required under 

9 section 702 of the Floyd D. Spence National Defense Au10 thorization Act of Fiscal Year 2001 (as enacted by Public 

11 Law 106–398; 10 U.S.C. 1092 note), including a detailed 

12 analysis of the projected costs, to provide chiropractic health 

13 care services and benefits as a permanent part of the De14 fense Health Program (including the TRICARE program) 

15 as required under that section. 

16 (c) REPORT REQUIRED.—Not later than March 31, 

17 2007, the Secretary of Defense shall submit a report on the 

18 study required under subsection (a), together with the plan 

19 required under subsection (b), to the Committees on Armed 

20 Services of the Senate and the House of Representatives. 

21 SEC. 713. COMPTROLLER GENERAL STUDY AND REPORT ON 

22 DEFENSE HEALTH PROGRAM. 

23 (a) STUDY REQUIRED.—The Comptroller General, in 

24 cooperation with the Congressional Budget Office, shall con25 duct a study of the projected cost savings to the Defense 


sroberts on PROD1PC70 with BILLS
263 

•HR 5122 RH 

1 Health Program included in the fiscal year 2007 budget 

2 request. 

3 (b) ELEMENTS.—The study required by subsection (a) 

4 shall include the following: 

5 (1) An evaluation of the rationale for calcula6 tions made by the Department of Defense for the por7 tion of total health care costs paid by beneficiaries in 

8 1995 and in 2005, including issues such as— 

9 (A) the rationale for the Department’s stat10 ed costs of providing the benefit in 1995 and in 

11 2005; 

12 (B) the basis for the Department’s calcula13 tions of increases in cost between 1995 and 2005; 

14 and 

15 (C) the amounts paid by beneficiaries for 

16 health care in 1995 and 2005. 

17 (2) An evaluation of the rationale for calcula18 tions and assumptions made by the Department of 

19 Defense for the estimated savings associated with the 

20 implementation of its cost share increases. 

21 (3) A review of the annual rate of medical infla22 tion of the Department of Defense and how it com23 pares with the annual rates of increase in health care 

24 premiums in the Federal Employee Health Benefit 


sroberts on PROD1PC70 with BILLS
264 

•HR 5122 RH 

1 Program and other health care programs as well as 

2 other health care indexes for the past 5 years. 

3 (4) An assessment of the rationale for the cost 

4 share increase amounts made by the Department of 

5 Defense. 

6 (c) INDEPENDENT EXPERTS.—To ensure the avail7 ability of appropriate expertise in addressing the elements 

8 of the study required under this section, the Comptroller 

9 General may use independent experts, such as actuaries, if 

10 needed. 

11 (d) REPORT.—The Comptroller General shall submit 

12 to the Committees on Armed Services of the Senate and the 

13 House of Representatives a report on the study required by 

14 subsection (a) not later than June 1, 2007. 

15 SEC. 714. TRANSFER OF CUSTODY OF THE AIR FORCE 

16 HEALTH STUDY ASSETS TO MEDICAL FOL17 LOW-UP AGENCY. 

18 (a) TRANSFER.— 

19 (1) NOTIFICATIONOF PARTICIPANTS.—The Sec20 retary of the Air Force shall notify the participants 

21 of the Air Force Health Study that the study as cur22 rently constituted is ending as of September 30, 2006. 

23 In consultation with the Medical Follow-up Agency 

24 (in this section referred to as the ‘‘Agency’’) of the In25 stitute of Medicine of the National Academy of 


sroberts on PROD1PC70 with BILLS
265 

•HR 5122 RH 

1 Sciences, the Secretary of the Air Force shall request 

2 the written consent of the participants to transfer 

3 their data and biological specimens to the Agency 

4 during fiscal year 2007 and written consent for the 

5 Agency to maintain the data and specimens and 

6 make them available for additional studies. 

7 (2) COMPLETIONOF TRANSFER.—Custodianship 

8 of the Air Force Health Study shall be completely 

9 transferred to the Agency on or before September 30, 

10 2007. Assets to be transferred shall include electronic 

11 data files and biological specimens of all the study 

12 participants. 

13 (3) COPIES TO ARCHIVES.—The Air Force shall 

14 send paper copies of all study documents to the Na15 tional Archives. 

16 (b) REPORT ON TRANSFER.— 

17 (1) REQUIREMENT.—Not later than 30 days 

18 after completion of the transfer of the assets of the Air 

19 Force Health Study under subsection (a), the Sec20 retary of the Air Force shall submit to the Committees 

21 on Armed Services of the Senate and the House of 

22 Representatives a report on the transfer. 

23 (2) MATTERS COVERED.—At a minimum, the re24 port shall include information on the number of study 

25 participants whose data and biological specimens 


sroberts on PROD1PC70 with BILLS
266 

•HR 5122 RH 

1 were not transferred, the efforts that were taken to 

2 contact such participants, and the reasons why the 

3 transfer of their data and specimens did not occur. 

4 (c) DISPOSITIONOF ASSETS NOT TRANSFERRED.— 

5 The Secretary of the Air Force may not destroy any data 

6 or biological specimens not transferred under subsection (a) 

7 until the expiration of the one-year period following sub8 mission of the report under subsection (b). 

9 (d) FUNDING.— 

10 (1) COSTS OF TRANSFER.—The Secretary of De11 fense shall make available to the Air Force $850,000 

12 for preparation, transfer of the assets of the Air Force 

13 Health Study and shipment of data and specimens to 

14 the Medical Follow-up Agency and the National Ar15 chives during fiscal year 2007 from amounts avail16 able from the Department of Defense for that year. 

17 The Secretary of Defense is authorized to transfer the 

18 freezers and other physical assets assigned to the Air 

19 Force Health Study to the Agency without charge. 

20 (2) COSTS OF COLLABORATION.—The Secretary 

21 of Defense may reimburse the National Academy of 

22 Sciences up to $200,000 for costs of the Medical Fol23 low-up Agency to collaborate with the Air Force in 

24 the transfer and receipt of the assets of the Air Force 

25 Health Study to the Agency during fiscal year 2007 


sroberts on PROD1PC70 with BILLS
267 

•HR 5122 RH 

1 from amounts available from the Department of De2 fense for that year. 

3 SEC. 715. STUDY ON ALLOWING DEPENDENTS OF ACTI4 VATED MEMBERS OF RESERVE COMPONENTS 

5 TO RETAIN CIVILIAN HEALTH CARE COV6 ERAGE. 

7 (a) STUDY REQUIREMENT.—The Secretary of Defense 

8 shall conduct a study on the feasibility of allowing family 

9 members of members of the Reserve Components who are 

10 called or ordered to active duty to continue health care cov11 erage under a civilian health care program and provide re12 imbursement for such health care. 

13 (b) ELEMENTS.—The study required by subsection (a) 

14 shall include the following: 

15 (1) An assessment of the number of military de16 pendents with special health care needs (such as ongo17 ing chemotherapy or physical therapy) who would 

18 benefit from continued coverage under the member’s 

19 civilian health care plan instead of enrolling in the 

20 TRICARE program. 

21 (2) An assessment of the feasibility of providing 

22 reimbursement to the member or the sponsor of the ci23 vilian health coverage. 

24 (3) A recommendation on the appropriate rate of 

25 reimbursement for civilian employers or members. 


sroberts on PROD1PC70 with BILLS
268 

•HR 5122 RH 

1 (4) The feasibility of including dependents who 

2 do not have access to health care providers that accept 

3 payment under the TRICARE program (such as those 

4 in rural areas). 

5 (c) REPORT REQUIRED.—Not later than 180 days 

6 after the date of the enactment of this Act, the Secretary 

7 of Defense shall submit to the Committees on Armed Serv8 ices of the Senate and the House of Representatives a report 

9 on the study required under subsection (a). 

10 Subtitle C—Other Matters 

11 SEC. 721. COSTS OF INCENTIVE PAYMENTS TO EMPLOYEES 

12 FOR TRICARE ENROLLMENT MADE UNALLOW13 ABLE FOR CONTRACTORS. 

14 (a) DEFENSE CONTRACTS.—Section 2324(e)(1) of title 

15 10, United States Code, is amended by adding at the end 

16 the following new subparagraph: 

17 ‘‘(Q) Costs incurred by a contractor for incentive 

18 payments to employees to encourage enrollment in the 

19 TRICARE program under chapter 55 of this title or 

20 any other Government-sponsored health care program, 

21 except that this subparagraph does not apply to such 

22 costs incurred by a contractor performing a contract 

23 to which any of the following applies: 

24 ‘‘(i) The Services Contract Act of 1965 (41 

25 U.S.C. 351 et seq.). 


sroberts on PROD1PC70 with BILLS
269 

•HR 5122 RH 

1 ‘‘(ii) Any other law or labor agreement that 

2 requires a company to compensate its employees 

3 for health care whether or not the employee par4 ticipates in a company health plan.’’. 

5 (b) CIVILIAN AGENCY CONTRACTS.—Section 306(e)(1) 

6 of the Federal Property and Administrative Services Act 

7 of 1949 (41 U.S.C. 256(e)(1)) is amended by adding at the 

8 end the following new subparagraph: 

9 ‘‘(P) Costs incurred by a contractor for incentive 

10 payments to employees to encourage enrollment in the 

11 TRICARE program under chapter 55 of title 10, 

12 United States Code, or any other Government-spon13 sored health care program, except that this subpara14 graph does not apply to such costs incurred by a con15 tractor performing a contract to which any of the fol16 lowing applies: 

17 ‘‘(i) The Services Contract Act of 1965 (41 

18 U.S.C. 351 et seq.). 

19 ‘‘(ii) Any other law or labor agreement that 

20 requires a company to compensate its employees 

21 for health care whether or not the employee par22 ticipates in a company health plan.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by this 

24 section shall apply with respect to contracts entered into 


sroberts on PROD1PC70 with BILLS
270 

•HR 5122 RH 

1 after the date occurring 180 days after the date of the enact2 ment of this Act. 

3 SEC. 722. REQUIREMENT FOR MILITARY MEDICAL PER4 SONNEL TO BE TRAINED IN PRESERVATION 

5 OF REMAINS. 

6 (a) REQUIREMENT.—The Secretary of Defense shall 

7 develop a program requiring each military department to 

8 include training in the preservation of remains for health 

9 care professionals under the department’s jurisdiction. The 

10 training shall be provided before a health care professional 

11 is deployed into a theater of operation and periodically 

12 thereafter as determined necessary for refresher training. 

13 (b) MATTERS COVERED BY TRAINING.—The training 

14 shall include, at a minimum— 

15 (1) best practices and procedures for the preser16 vation of the remains of a member of the Armed 

17 Forces after death, taking into account the needs, sen18 sitivities, and potential wishes of the family of the de19 cedent, including the return of the remains to the 

20 family in the best possible condition; and 

21 (2) practical case studies to illustrate the objec22 tives of paragraph (1) and provide a real world per23 spective. 

24 (c) HEALTH CARE PROFESSIONAL.—In this section, 

25 the term ‘‘health care professional’’ means a physician, denVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00270 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
271 

•HR 5122 RH 

1 tist, clinical psychologist, nurse, nurse practitioner, or phy2 sician assistant and any other person providing direct pa3 tient care as may be designated by the Secretary of Defense 

4 in regulations. 

5 Subtitle D—Pharmacy Benefits 

6 Program Improvements 

7 SEC. 731. TRICARE PHARMACY PROGRAM COST-SHARE RE8 QUIREMENTS. 

9 Paragraph (6) of section 1074g(a) of title 10, United 

10 States Code, is amended to read as follows: 

11 ‘‘(6)(A) The Secretary, in regulations prescribed under 

12 subsection (g), may establish cost-sharing requirements 

13 (which may be established as a percentage or fixed dollar 

14 amount) under the pharmacy benefits program for generic, 

15 formulary, and nonformulary agents. 

16 ‘‘(B)(i) With respect to agents available through the 

17 national mail-order pharmacy program, the Secretary of 

18 Defense may not establish requirements for cost sharing for 

19 generic and formulary agents that are in excess of cost shar20 ing requirements for generic and formulary agents available 

21 through facilities of the uniformed services. 

22 ‘‘(ii) With respect to agents available through retail 

23 pharmacies, the Secretary of Defense may not establish cost 

24 sharing in excess of— 

25 ‘‘(I) $6 for generic agents; 


sroberts on PROD1PC70 with BILLS
272 

•HR 5122 RH 

1 ‘‘(II) $16 for formulary agents; and 

2 ‘‘(III) $22 for nonformulary agents. 

3 ‘‘(iii) The cost sharing requirements of this subpara4 graph shall be in effect during the period beginning 90 days 

5 after the date of the enactment of the National Defense Au6 thorization Act for Fiscal Year 2007 and ending on Decem7 ber 31, 2007.’’. 

8 TITLE VIII—ACQUISITION POL9 ICY, ACQUISITION MANAGE10 MENT, AND RELATED MAT11 TERS 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs 

Sec. 801. Requirements Management Certification Training Program. 

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

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

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

Sec. 805. Establishment of defense challenge process for critical cost growth 

threshold breaches in major defense acquisition programs. 

Sec. 806. Market research required for major defense acquisition programs before 

proceeding to Milestone B. 

Subtitle B—Acquisition Policy and Management 

Sec. 811. Applicability of statutory executive compensation cap made prospective. 

Sec. 812. Prohibition on procurement from beneficiaries of foreign subsidies. 

Sec. 813. Time-certain development for Department of Defense information technology business systems. 

Sec. 814. Establishment of Panel on Contracting Integrity. 

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

Limitations 

Sec. 821. Extension of special temporary contract closeout authority. 

Sec. 822. Limitation on contracts for the acquisition of certain services. 

Sec. 823. Use of Federal supply schedules by State and local governments for 

goods and services for recovery from natural disasters, terrorism, 

or nuclear, biological, chemical, or radiological attack. 

Sec. 824. Waivers to extend task order contracts for advisory and assistance services. 

Sec. 825. Enhanced access for small business. 


sroberts on PROD1PC70 with BILLS
273 

•HR 5122 RH 

Sec. 826. Procurement goal for Hispanic-serving institutions. 

Sec. 827. Prohibition on defense contractors requiring licenses or fees for use of 

military likenesses and designations. 

Subtitle D—United States Defense Industrial Base Provisions 

Sec. 831. Protection of strategic materials critical to national security. 

Sec. 832. Strategic Materials Protection Board. 

1 Subtitle A—Provisions Relating to 

2 Major Defense Acquisition Pro3 grams 

4 SEC. 801. REQUIREMENTS MANAGEMENT CERTIFICATION 

5 TRAINING PROGRAM. 

6 (a) TRAINING PROGRAM.— 

7 (1) REQUIREMENT.—The Under Secretary of De8 fense for Acquisition, Technology, and Logistics, in 

9 consultation with the Defense Acquisition University, 

10 shall develop a training program to certify civilian 

11 and military personnel of the Department of Defense 

12 with responsibility for generating requirements for 

13 major defense acquisition programs (as defined in sec14 tion 2430 of title 10, United States Code). 

15 (2) COMPETENCY AND OTHER REQUIREMENTS.— 

16 The Under Secretary shall establish competency re17 quirements for the personnel undergoing the training 

18 program. The Under Secretary shall define the target 

19 population for such training program by identifying 

20 which civilian and military personnel should have re21 sponsibility for generating requirements. The Under 

22 Secretary also may establish other training programs 


sroberts on PROD1PC70 with BILLS
274 

•HR 5122 RH 

1 for personnel not subject to chapter 87 of title 10, 

2 United States Code, and who contribute significantly 

3 to other types of acquisitions by the Department of 

4 Defense. 

5 (3) MATTERS COVERED.—At a minimum, the 

6 training program shall, with respect to a major de7 fense acquisition program— 

8 (A) provide instruction on the interrelation9 ship among the requirements generation process, 

10 the budget process, and the acquisition process 

11 within the Department of Defense for such a pro12 gram; 

13 (B) stress the importance of generating re14 quirements for such a program that result in 

15 joint applications to the maximum extent pos16 sible; 

17 (C) provide instruction on the effects of in18 troducing new requirements for such a pro19 gram— 

20 (i) both before and after the commence21 ment of system development and demonstra22 tion; and 

23 (ii) during initial operational test and 

24 evaluation; 


sroberts on PROD1PC70 with BILLS
275 

•HR 5122 RH 

1 (D) ensure that requirements for such a 

2 program are derived primarily from capability 

3 shortfalls in the program identified by a com4 mander of a combatant command; 

5 (E) ensure that requirements for such a pro6 gram are informed by a sound analysis of alter7 natives, by realistic technical assessments based 

8 on technology readiness levels, and by fiscal 

9 guidance, including consultation with produc10 tion engineers on the cost, schedule and technical 

11 feasibility of the requirements; 

12 (F) ensure that, for the introduction of any 

13 changes to requirements for such a program, an 

14 engineering feasibility assessment that weighs 

15 technology readiness, integration, cost, and 

16 schedule impacts is conducted after Milestone B 

17 approval at the latest, and before Milestone B 

18 approval to the maximum extent practicable; 

19 (G) stress the importance of introducing re20 quirements for such a program that are techno21 logically mature, feasible, and achievable without 

22 schedule risk; and 

23 (H) stress the importance of stable require24 ments for such a program to provide the baseline 

25 for successful execution of the program. 


sroberts on PROD1PC70 with BILLS
276 

•HR 5122 RH 

1 (4) AVAILABILITY.—The training program shall 

2 be made available on the Internet to ensure the widest 

3 dissemination possible. 

4 (b) APPLICABILITY.—Effective on and after September 

5 30, 2007, a member of the Armed Forces or an employee 

6 of the Department of Defense with authority to generate re7 quirements for a major defense acquisition program may 

8 not continue to participate in the requirements generation 

9 process unless the member or employee successfully com10 pletes the certification training program developed under 

11 this section. 

12 SEC. 802. ADDITIONAL REQUIREMENTS RELATING TO TECH13 NICAL DATA RIGHTS. 

14 (a) ADDITIONAL REQUIREMENTS RELATING TO TECH15 NICAL DATA RIGHTS .—Section 2320 of title 10, United 

16 States Code, is amended by adding at the end the following 

17 new subsection: 

18 ‘‘(e) ADDITIONAL REGULATIONS.—(1) Regulations 

19 prescribed under subsection (a) shall ensure, at a minimum, 

20 that— 

21 ‘‘(A) in the case of a major system that is devel22 oped exclusively with Federal funds, in part with 

23 Federal funds and in part at private expense, or ex24 clusively at private expense, rights are acquired in 

25 full by the United States to technical data necessary 


sroberts on PROD1PC70 with BILLS
277 

•HR 5122 RH 

1 to support competition for contracts required for 

2 sustainment of the system; and 

3 ‘‘(B) any contract for a major system includes 

4 price and delivery options for acquiring, at any point 

5 during the life cycle of the system, major elements of 

6 technical data not acquired at the time of initial con7 tract award. 

8 ‘‘(2) Regulations prescribed under subsection (a) also 

9 shall establish a standard for acquiring rights in technical 

10 data that supports the purchase of data rights appropriate 

11 to minimize life cycle costs. 

12 ‘‘(3) The Under Secretary of Defense for Acquisition, 

13 Technology, and Logistics shall ensure that members of the 

14 acquisition workforce working with any contract in an 

15 amount greater than $5,000,000 and involving the acquisi16 tion of rights in technical data be provided information and 

17 formal training sufficient to carry out the regulations pre18 scribed under subsection (a) to implement this subsection.’’. 

19 (b) REGULATIONS.—Not later than 180 days after the 

20 date of the enactment of this Act, the Secretary of Defense 

21 shall revise regulations under section 2320 of title 10, 

22 United States Code, to implement subsection (e) of such sec23 tion (as added by this section). 


sroberts on PROD1PC70 with BILLS
278 

•HR 5122 RH 

1 SEC. 803. STUDY AND REPORT ON REVISIONS TO SELECTED 

2 ACQUISITION REPORT REQUIREMENTS. 

3 (a) STUDY REQUIREMENT.—The Secretary of Defense, 

4 acting through the Under Secretary of Defense for Acquisi5 tion, Technology, and Logistics in coordination with the 

6 service acquisition executives of each military department, 

7 shall conduct a study on revisions to requirements relating 

8 to Selected Acquisition Reports, as set forth in section 2432 

9 of title 10, United States Code. 

10 (b) MATTERS COVERED.—The study required under 

11 subsection (a) shall— 

12 (1) focus on incorporating into the Selected Ac13 quisition Report those elements of program progress 

14 that the Department of Defense considers most rel15 evant to evaluating the performance and progress of 

16 major defense acquisition programs, with particular 

17 reference to the cost estimates and program schedule 

18 established when a major defense acquisition program 

19 receives Milestone B approval; and 

20 (2) include any recommendations to eliminate 

21 elements of the Selected Acquisition Report that the 

22 Department believes are no longer needed (other than 

23 the elimination of any unit cost information). 

24 (c) REPORT.—Not later than March 1, 2007, the Sec25 retary shall submit to the Committees on Armed Services 

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


sroberts on PROD1PC70 with BILLS
279 

•HR 5122 RH 

1 the results of the study, including such recommendations 

2 as the Secretary considers appropriate. 

3 SEC. 804. QUARTERLY UPDATES ON IMPLEMENTATION OF 

4 ACQUISITION REFORM IN THE DEPARTMENT 

5 OF DEFENSE. 

6 (a) QUARTERLY UPDATES REQUIREMENT.—Not later 

7 than 45 days after the date of the enactment of this Act, 

8 and on the first day of each calendar quarter thereafter, 

9 the Secretary of Defense shall provide an update to the 

10 Committees on Armed Services of the Senate and the House 

11 of Representatives on the implementation of plans to reform 

12 the acquisition system in the Department of Defense. 

13 (b) MATTERS COVERED.—Each update provided under 

14 subsection (a) shall cover the implementation of reforms of 

15 the processes for acquisition, including generation of re16 quirements, award of contracts, and financial management. 

17 At a minimum, the updates shall take into account the rec18 ommendations made by the following: 

19 (1) The Defense Acquisition Performance Assess20 ment Panel. 

21 (2) The Defense Science Board Summer Study 

22 on Transformation, issued in February 2006. 

23 (3) The Beyond Goldwater-Nichols Study of the 

24 Center for Strategic and International Studies. 


sroberts on PROD1PC70 with BILLS
280 

•HR 5122 RH 

1 (4) The Quadrennial Defense Review, issued Feb2 ruary 6, 2006. 

3 (5) The Committee Defense Review of the Com4 mittee on Armed Services of the House of Representa5 tives (when available). 

6 (c) RECOMMENDATIONS.—Each report submitted 

7 under subsection (a) shall include such recommendations as 

8 the Secretary considers appropriate, and implementation 

9 plans for the recommendations. 

10 (d) TERMINATION OF REPORT REQUIREMENT.—The 

11 requirement to submit reports under subsection (a) shall 

12 terminate on the first day of the calendar quarter following 

13 the first calendar quarter in which the Selected Acquisition 

14 Report submitted to Congress under section 2432 of title 

15 10, United States Code, does not indicate that there has 

16 been an increase by a percentage equal to or greater than 

17 the significant cost growth threshold or the critical cost 

18 growth threshold in any major defense acquisition program 

19 (as such thresholds are defined in section 2433(a) of such 

20 title). 


sroberts on PROD1PC70 with BILLS
281 

•HR 5122 RH 

1 SEC. 805. ESTABLISHMENT OF DEFENSE CHALLENGE PROC2 ESS FOR CRITICAL COST GROWTH THRESH3 OLD BREACHES IN MAJOR DEFENSE ACQUISI4 TION PROGRAMS. 

5 (a) PRELIMINARY EVALUATIONOF CHALLENGE PRO6 POSALS FOR CRITICAL COST BREACHES.— 

7 (1) SUBMISSIONOF CHALLENGE PROPOSALS.— 

8 Section 2359b(c)) of title 10, United States Code, is 

9 amended— 

10 (A) in paragraph (1), by striking ‘‘Panel,’’ 

11 and all that follows through the end and insert12 ing the following: ‘‘Panel— 

13 ‘‘(A) through the unsolicited proposal process; 

14 ‘‘(B) in response to a broad agency announce15 ment; or 

16 ‘‘(C) in response to a solicitation issued as a re17 sult of a critical cost growth threshold breach (as de18 fined in paragraph (4)).’’; 

19 (B) by redesignating paragraphs (4), (5), 

20 and (6) as paragraphs (5), (7), and (8), respec21 tively; 

22 (C) by inserting after paragraph (3) the fol23 lowing new paragraph (4): 

24 ‘‘(4)(A) If the program acquisition unit cost or 

25 procurement unit cost of a major defense acquisition 

26 program increases by a percentage equal to or greater 


sroberts on PROD1PC70 with BILLS
282 

•HR 5122 RH 

1 than the critical cost growth threshold for the pro2 gram, as determined by the Secretary concerned 

3 under section 2433(d) of this title (in this section re4 ferred to as a ‘critical cost growth threshold breach’), 

5 the Under Secretary shall issue a solicitation for chal6 lenge proposals that would result in improvements in 

7 affordability of the program. The solicitation shall 

8 specifically identify (i) the cost and schedule 

9 variances, and (ii) the design, engineering, manufac10 turing, or technology integration issues, contributing 

11 to the breach. 

12 ‘‘(B) A solicitation referred to in subparagraph 

13 (A) shall be made public before the end of the 14-day 

14 period beginning on the day the Selected Acquisition 

15 Report containing the information described in sec16 tion 2433(g) of this title is required to be submitted 

17 under section 2432(f) of this title. 

18 ‘‘(C) A solicitation referred to in subparagraph 

19 (A) shall require any challenge proposals responding 

20 to the solicitation to be submitted within 30 days 

21 after the date of issuance of the solicitation.’’; 

22 (D) in paragraph (5) (as so redesignated) 

23 in the matter preceding subparagraph (A)— 

24 (i) by striking ‘‘or submitted’’ and in25 serting ‘‘submitted’’; and 


sroberts on PROD1PC70 with BILLS
283 

•HR 5122 RH 

1 (ii) by inserting after ‘‘paragraph 

2 (2),’’ the following: ‘‘or submitted in re3 sponse to a solicitation issued as a result of 

4 a critical cost growth threshold breach’’; and 

5 (E) by inserting after paragraph (5) (as so 

6 redesignated) the following new paragraph (6): 

7 ‘‘(6) A panel shall complete a preliminary eval8 uation of challenge proposals submitted in response to 

9 a solicitation issued as a result of a critical cost 

10 growth threshold breach before the end of the 60-day 

11 period beginning on the day the Selected Acquisition 

12 Report referred to in paragraph (4)(B) is submitted 

13 to Congress and shall inform the Secretary of Defense 

14 of the results of the evaluation to aid in the comple15 tion of the Secretary’s certification under section 

16 2433(e)(2)(B) of this title.’’. 

17 (b) ACTION UPON FAVORABLE FULL REVIEW AND

18 EVALUATIONOF CHALLENGE PROPOSALS FOR CRITICAL

19 COST BREACHES.—Section 2359b(e) of such title is amend20 ed by adding at the end the following new paragraph: 

21 ‘‘(3) In the case of a challenge proposal referred 

22 to in paragraph (1) that was submitted in response 

23 to a solicitation issued as a result of a critical cost 

24 growth threshold breach, the costs of the proposal shall 


sroberts on PROD1PC70 with BILLS
284 

•HR 5122 RH 

1 be borne by the major defense acquisition program 

2 with respect to which the breach occurred.’’. 

3 (c) ACTION UPON UNFAVORABLE FULL REVIEW AND

4 EVALUATIONOF CHALLENGE PROPOSALS FOR CRITICAL

5 COST BREACHES.—Section 2359b of such title, as amended 

6 by section 213, is further amended— 

7 (1) by redesignating subsections (f), (g), (h), and 

8 (i) as subsections (g), (h), (i), and (j), respectively; 

9 and 

10 (2) by inserting after subsection (e) the following 

11 new subsection (f): 

12 ‘‘(f) ACTION UPON UNFAVORABLE FULL REVIEW AND

13 EVALUATIONOF CRITICAL COST BREACH SOLICITA14 TIONS.—In the case of a challenge proposal that was sub15 mitted in response to a solicitation issued as a result of 

16 a critical cost growth threshold breach and that is not deter17 mined under a full review and evaluation to satisfy each 

18 of the criteria specified in subsection (c)(5), the following 

19 provisions apply: 

20 ‘‘(1) The office carrying out the full review and 

21 evaluation shall provide to the Panel that conducted 

22 the preliminary evaluation a statement containing a 

23 summary of the rationale for the unfavorable evalua24 tion. 


sroberts on PROD1PC70 with BILLS
285 

•HR 5122 RH 

1 ‘‘(2) If the Panel disagrees with the rationale 

2 provided under paragraph (1), the Panel may return 

3 the challenge proposal to the office for further consid4 eration. 

5 ‘‘(3) The full review and evaluation, including a 

6 further consideration of the review and evaluation 

7 under paragraph (2), shall be completed not later 

8 than the expiration of the 60-day period beginning on 

9 the date of completion of the preliminary evaluation 

10 of the proposal by a Panel under subsection (c). 

11 ‘‘(4) After a full review and evaluation of all 

12 such challenge proposals submitted for such review 

13 and evaluation are completed, including further con14 sideration under paragraph (2), the Under Secretary 

15 shall submit to the congressional defense committees a 

16 report containing a list of each challenge proposal 

17 with an unfavorable evaluation, including an identi18 fication of each such challenge proposal returned to 

19 an office for further consideration, and a detailed ra20 tionale for the unfavorable evaluations upon both ini21 tial and further consideration (if any). Such report 

22 shall be submitted not later than the expiration of the 

23 60-day period beginning on the date of completion of 

24 the last preliminary evaluation of the proposals by a 

25 Panel under subsection (c).’’. 


sroberts on PROD1PC70 with BILLS
286 

•HR 5122 RH 

1 (d) AMENDMENTS TO UNIT COST REPORTS PROVI2 SIONS.— 

3 (1) ADDITIONAL ASSESSMENT REQUIRED UPON

4 BREACH OF CRITICAL COST GROWTH THRESHOLD.— 

5 Section 2433(e)(2)(A) of title 10, United States Code, 

6 is amended— 

7 (A) by striking ‘‘and’’ at the end of clause 

8 (ii); 

9 (B) by inserting ‘‘and’’ at the end of clause 

10 (iii); and 

11 (C) by adding at the end the following new 

12 clause: 

13 ‘‘(iv) the availability of components, sub14 systems, or systems that may result in near-term 

15 improvements in affordability of the program, as 

16 identified under the Defense Acquisition Chal17 lenge Program through a solicitation issued pur18 suant to section 2359b(c)(1)(C) of this title;’’. 

19 (2) ADDITIONAL CERTIFICATION REQUIRED UPON

20 BREACH OF CRITICAL COST GROWTH THRESHOLD.— 

21 Section 2433(e)(2)(B) of such title is amended— 

22 (A) by redesignating clauses (iii) and (iv) 

23 as clauses (iv) and (v), respectively; and 

24 (B) by inserting after clause (ii) the fol25 lowing new clause (iii): 


sroberts on PROD1PC70 with BILLS
287 

•HR 5122 RH 

1 ‘‘(iii) the Panel conducting preliminary 

2 evaluation of challenge proposals submitted in 

3 response to the solicitation issued under the De4 fense Acquisition Challenge Program pursuant to 

5 section 2359b(c)(1)(C) of this title has identified 

6 no promising proposals meriting full review and 

7 evaluation;’’. 

8 (3) ADDITIONAL INFORMATIONINCERTAINRE9 PORT REQUIRED.—Section 2433(g)(1)(P)(vi) of such 

10 title is amended by inserting after ‘‘of the program’’ 

11 the following: ‘‘and design, engineering, manufac12 turing, or technology integration issues’’. 

13 (e) ADDITIONAL CONFORMING AMENDMENTS.—Section 

14 2359b of such title is further amended— 

15 (1) in subsection (c)(8), as redesignated by sub16 section (a), by striking ‘‘paragraph (4)’’ and insert17 ing ‘‘paragraph (5)’’; 

18 (2) in subsection (d)(1), by striking ‘‘subsection 

19 (c)(6)’’ and inserting ‘‘subsection (c)(8)’’; 

20 (3) in subsection (d)(2), by striking ‘‘subsection 

21 (c)(4)’’ and inserting ‘‘subsection (c)(5)’’; and 

22 (4) in subsection (e)(1), by striking ‘‘subsection 

23 (c)(4)’’ and inserting ‘‘subsection (c)(5)’’. 


sroberts on PROD1PC70 with BILLS
288 

•HR 5122 RH 

1 SEC. 806. MARKET RESEARCH REQUIRED FOR MAJOR DE2 FENSE ACQUISITION PROGRAMS BEFORE 

3 PROCEEDING TO MILESTONE B. 

4 Section 2366a(a) of title 10, United States Code, is 

5 amended— 

6 (1) by redesignating paragraphs (1) through (7) 

7 as paragraphs (2) through (8), respectively; and 

8 (2) by inserting before paragraph (2) (as so re9 designated) the following new paragraph (1): 

10 ‘‘(1) market research has been conducted prior to 

11 technology development to reduce duplication of exist12 ing technology and products;’’. 

13 Subtitle B—Acquisition Policy and 

14 Management 

15 SEC. 811. APPLICABILITY OF STATUTORY EXECUTIVE COM16 PENSATION CAP MADE PROSPECTIVE. 

17 (a) PROSPECTIVE APPLICABILITY OF EXECUTIVE COM18 PENSATION CAP.—Section 808(e)(2) of Public Law 105–85 

19 (41 U.S.C. 435 note; 111 Stat. 1838) is amended by striking 

20 ‘‘before, on,’’ and inserting ‘‘on’’. 

21 (b) EFFECTIVE DATE.—The amendment made by sub22 section (a) shall apply as if included in Public Law 105– 

23 85 as enacted. 


sroberts on PROD1PC70 with BILLS
289 

•HR 5122 RH 

1 SEC. 812. PROHIBITION ON PROCUREMENT FROM BENE2 FICIARIES OF FOREIGN SUBSIDIES. 

3 (a) PROHIBITION.—The Secretary of Defense may not 

4 enter into a contract for the procurement of goods or services 

5 from any foreign person to which the government of a for6 eign country that is a member of the World Trade Organi7 zation has provided a subsidy if— 

8 (1) the United States has requested consultations 

9 with that foreign country under the Agreement on 

10 Subsidies and Countervailing Measures on the basis 

11 that the subsidy is a prohibited subsidy under that 

12 Agreement; and 

13 (2) either— 

14 (A) the issue before the World Trade Orga15 nization has not been resolved; or 

16 (B) the World Trade Organization has 

17 ruled that the subsidy provided by the foreign 

18 country is a prohibited subsidy under the Agree19 ment on Subsidies and Countervailing Measures. 

20 (b) JOINT VENTURES.—The prohibition under sub21 section (a) with respect to a foreign person also applies to 

22 any joint venture, cooperative organization, partnership, or 

23 contracting team of which that foreign person is a member. 

24 (c) SUBCONTRACTS AND TASK ORDERS.—The prohibi25 tion under subsection (a) with respect to a contract also 

26 applies to any subcontracts at any tier entered into under 


sroberts on PROD1PC70 with BILLS
290 

•HR 5122 RH 

1 the contract and any task orders at any tier issued under 

2 the contract. 

3 (d) DEFINITIONS.—In this section: 

4 (1) The term ‘‘Agreement on Subsidies and 

5 Countervailing Measures’’ means the agreement de6 scribed in section 101(d)(12) of the Uruguay Round 

7 Agreements Act (19 U.S.C. 3501(d)(12)). 

8 (2) The term ‘‘foreign person’’ means— 

9 (A) an individual who is not a United 

10 States person or an alien lawfully admitted for 

11 permanent residence into the United States; or 

12 (B) a corporation, partnership, or other 

13 nongovernmental entity which is not a United 

14 States person. 

15 (3) The term ‘‘United States person’’ means— 

16 (A) a natural person who is a citizen of the 

17 United States or who owes permanent allegiance 

18 to the United States; and 

19 (B) a corporation or other legal entity 

20 which is organized under the laws of the United 

21 States, any State or territory thereof, or the Dis22 trict of Columbia, if natural persons described in 

23 subparagraph (A) own, directly or indirectly, 

24 more than 50 percent of the outstanding capital 


sroberts on PROD1PC70 with BILLS
291 

•HR 5122 RH 

1 stock or other beneficial interest in such legal en2 tity. 

3 (e) APPLICABILITY.— 

4 (1) PROGRAMS WITH MILESTONE B APPROVAL

5 NOT COVERED.—The prohibition under subsection (a) 

6 shall not apply to any contract under a major defense 

7 acquisition program that has received Milestone B 

8 approval as of the date of the enactment of this Act. 

9 (2) DEFINITIONS.—In this subsection: 

10 (A) The term ‘‘major defense acquisition 

11 program’’ means a Department of Defense acqui12 sition program that is a major defense acquisi13 tion program for purposes of section 2430 of title 

14 10, United States Code. 

15 (B) The term ‘‘Milestone B approval’’ has 

16 the meaning provided that term in section 

17 2366(e)(7) of such title. 

18 SEC. 813. TIME-CERTAIN DEVELOPMENT FOR DEPARTMENT 

19 OF DEFENSE INFORMATION TECHNOLOGY 

20 BUSINESS SYSTEMS. 

21 (a) MILESTONE A LIMITATION.—The Department of 

22 Defense executive or entity that is the milestone decision 

23 authority for an information system described in subsection 

24 (c) may not provide Milestone A approval for the system 

25 unless, as part of the decision process for such approval, 


sroberts on PROD1PC70 with BILLS
292 

•HR 5122 RH 

1 that authority determines that the system will achieve ini2 tial operational capability within five years of such ap3 proval. 

4 (b) INITIAL OPERATIONAL CAPABILITY LIMITATION.— 

5 Funds appropriated or otherwise available to the Depart6 ment of Defense may not be obligated or expended for an 

7 information system described in subsection (c) if the system, 

8 having received Milestone A approval, has not achieved ini9 tial operational capability within five years of the date of 

10 such approval. 

11 (c) COVERED SYSTEMS.—An information system de12 scribed in this subsection is any Department of Defense in13 formation technology business system that is not a national 

14 security system, as defined in 3542(b)(2) of title 44, United 

15 States Code. 

16 (d) APPLICABILITY TO EXISTING PROGRAMS.— 

17 (1) WAIVER AUTHORITY FOR EXISTING PRO18 GRAMS INDEVELOPMENT.—The Secretary of Defense 

19 may waive the applicability of subsection (b) in the 

20 case of a program described in subsection (c) that as 

21 of the date of the enactment of this Act has received 

22 Milestone A approval but has not as of such date 

23 achieved initial operational capability. 

24 (2) INAPPLICABILITY TO PROGRAMS THROUGH

25 DEVELOPMENT.—This section does not apply to an 


sroberts on PROD1PC70 with BILLS
293 

•HR 5122 RH 

1 information system that achieved initial operational 

2 capability before the date of the enactment of this Act. 

3 (e) DEFINITIONS.—In this section: 

4 (1) MILESTONE DECISION AUTHORITY.—The 

5 term ‘‘milestone decision authority’’ has the meaning 

6 given that term in Department of Defense Instruction 

7 5000.2, dated May 12, 2003. 

8 (2) MILESTONE A.—The term ‘‘Milestone A’’ has 

9 the meaning given that term in Department of De10 fense Instruction 5000.2, dated May 12, 2003. 

11 SEC. 814. ESTABLISHMENT OF PANEL ON CONTRACTING IN12 TEGRITY. 

13 (a) ESTABLISHMENT.— 

14 (1) INGENERAL.—The Secretary of Defense shall 

15 establish a panel to be known as the ‘‘Panel on Con16 tracting Integrity’’. 

17 (2) COMPOSITION.—The panel shall be composed 

18 of the following: 

19 (A) The Deputy Secretary of Defense, who 

20 shall be the chairman of the panel. 

21 (B) The service acquisition executive of each 

22 military department. 

23 (C) The Inspector General of the Depart24 ment of Defense. 


sroberts on PROD1PC70 with BILLS
294 

•HR 5122 RH 

1 (D) The Director of the Defense Logistics 

2 Agency. 

3 (E) The Director of the Defense Contract 

4 Management Agency. 

5 (F) The Director of the Defense Contract 

6 Audit Agency. 

7 (G) Such other members as determined ap8 propriate by the Secretary of Defense. 

9 (b) DUTIES.—In addition to other matters assigned to 

10 it by the Secretary of Defense, the panel shall— 

11 (1) conduct reviews of progress made by the De12 partment of Defense to eliminate areas of vulner13 ability of the defense contracting system that allow 

14 fraud, waste, and abuse to occur; 

15 (2) review the report by the Comptroller General 

16 required by section 841 of the National Defense Au17 thorization Act for Fiscal Year 2006 (Public Law 

18 109–163; 119 Stat. 3389), relating to areas of vulner19 ability of Department of Defense contracts to fraud, 

20 waste, and abuse; and 

21 (3) recommend changes in law, regulations, and 

22 policy that it determines necessary to eliminate such 

23 areas of vulnerability. 


sroberts on PROD1PC70 with BILLS
295 

•HR 5122 RH 

1 (c) MEETINGS.—The panel shall meet as determined 

2 necessary by the Secretary of Defense but not less often than 

3 once every six months. 

4 (d) REPORT.— 

5 (1) REQUIREMENT.—The panel shall prepare 

6 and submit to the congressional defense committees an 

7 annual report on its activities. The report shall con8 tain a summary of its findings and recommendations 

9 for the year covered by the report. 

10 (2) FIRST REPORT.—The first report under this 

11 subsection shall be submitted not later than 180 days 

12 after the date of the enactment of this Act and shall 

13 contain an examination of the current structure in 

14 the Department of Defense for personnel account15 ability relating to the contracting system and rec16 ommendations for any changes needed to the system 

17 of administrative safeguards and disciplinary actions 

18 to ensure accountability at the appropriate level for 

19 any violations of appropriate standards of behavior 

20 in contracting. 


sroberts on PROD1PC70 with BILLS
296 

•HR 5122 RH 

1 Subtitle C—Amendments to General 

2 Contracting Authorities, Proce3 dures, and Limitations 

4 SEC. 821. EXTENSION OF SPECIAL TEMPORARY CONTRACT 

5 CLOSEOUT AUTHORITY. 

6 Section 804 of the National Defense Authorization Act 

7 for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1541) 

8 is amended in subsection (d) by striking ‘‘September 30, 

9 2006’’ and inserting ‘‘September 30, 2007’’. 

10 SEC. 822. LIMITATION ON CONTRACTS FOR THE ACQUISI11 TION OF CERTAIN SERVICES. 

12 (a) LIMITATION.—Except as provided in subsection 

13 (b), the Secretary of Defense may not enter into a contract 

14 for covered services if the amount of the contract— 

15 (1) exceeds 75 percent of the estimated value of 

16 any asset required for the provision of services under 

17 the contract, as of the date on which contract per18 formance begins; or 

19 (2) exceeds $150,000,000 in payments over the 

20 life of the contract assuming all options to extend the 

21 contract are exercised. 

22 (b) WAIVER.—The Secretary of Defense may waive 

23 subsection (a) with respect to a contract for covered services 

24 if the Secretary— 


sroberts on PROD1PC70 with BILLS
297 

•HR 5122 RH 

1 (1) determines that a waiver is necessary for na2 tional security purposes; and 

3 (2) provides to the congressional defense commit4 tees an economic analysis as described in subsection 

5 (c) at least 30 days before the waiver takes effect. 

6 (c) ECONOMIC ANALYSIS.—The economic analysis pro7 vided under subsection (b) shall include, at a minimum, 

8 the following: 

9 (1) A clear explanation of the need for the con10 tract for covered services. 

11 (2) An examination of at least two alternatives 

12 for fulfilling the requirements that the contract is 

13 meant to fulfill, including the following with respect 

14 to each alternative: 

15 (A) A rationale for including the alter16 native. 

17 (B) A cost estimate of the alternative and 

18 an analysis of the quality of each cost estimate. 

19 (C) A discussion of the benefits to be real20 ized from the alternative. 

21 (D) A best value determination of each al22 ternative and a detailed explanation of the life23 cycle cost calculations used in the determination. 


sroberts on PROD1PC70 with BILLS
298 

•HR 5122 RH 

1 (d) COVERED SERVICES.—The limitation in sub2 section (a) applies to any contract for the following types 

3 of services: 

4 (1) Operation, maintenance, or support of facili5 ties or installations, or construction of facilities need6 ed for performing the contract. 

7 (2) Maintenance or modification of aircraft, 

8 ships, vehicles, or other highly complex military 

9 equipment, or the provision of aircraft, ships, vehicles, 

10 or other highly complex military equipment needed 

11 for performing the contract. 

12 (3) Specialized training necessitating high qual13 ity instructor skills (for example, pilot and air crew 

14 members; foreign language training). 

15 (4) Base services (for example, ground mainte16 nance, in-plane refueling; bus transportation; refuse 

17 collection and disposal). 

18 SEC. 823. USE OF FEDERAL SUPPLY SCHEDULES BY STATE 

19 AND LOCAL GOVERNMENTS FOR GOODS AND 

20 SERVICES FOR RECOVERY FROM NATURAL 

21 DISASTERS, TERRORISM, OR NUCLEAR, BIO22 LOGICAL, CHEMICAL, OR RADIOLOGICAL AT23 TACK. 

24 (a) AUTHORITY TO USE SUPPLY SCHEDULES FOR

25 CERTAIN GOODS AND SERVICES.—Section 502 of title 40, 


sroberts on PROD1PC70 with BILLS
299 

•HR 5122 RH 

1 United States Code, is amended by adding at the end the 

2 following new subsection: 

3 ‘‘(d) USE OF SUPPLY SCHEDULES FOR CERTAIN

4 GOODS AND SERVICES.— 

5 ‘‘(1) INGENERAL.—The Administrator may pro6 vide for the use by State or local governments of Fed7 eral supply schedules of the General Services Admin8 istration for goods or services that are to be used to 

9 facilitate recovery from a major disaster declared by 

10 the President under the Robert T. Stafford Disaster 

11 Relief and Emergency Assistance Act (42 U.S.C. 5121 

12 et seq.) or to facilitate recovery from terrorism or nu13 clear, biological, chemical, or radiological attack. 

14 ‘‘(2) DETERMINATION BY SECRETARY OF HOME15 LAND SECURITY.—The Secretary of Homeland Secu16 rity shall determine which goods and services qualify 

17 as goods and services described in paragraph (1) be18 fore the Administrator provides for the use of the Fed19 eral supply schedule relating to such goods and serv20 ices. 

21 ‘‘(3) VOLUNTARY USE.—In the case of the use by 

22 a State or local government of a Federal supply 

23 schedule pursuant to paragraph (1), participation by 

24 a firm that sells to the Federal Government through 

25 the supply schedule shall be voluntary with respect to 


sroberts on PROD1PC70 with BILLS
300 

•HR 5122 RH 

1 a sale to the State or local government through such 

2 supply schedule. 

3 ‘‘(4) DEFINITIONS.—The definitions in sub4 section (c)(3) shall apply for purposes of this sub5 section.’’. 

6 (b) PROCEDURES.—Not later than 30 days after the 

7 date of the enactment of this Act, the Administrator of Gen8 eral Services shall establish procedures to implement section 

9 502(d) of title 40, United States Code (as added by sub10 section (a)). 

11 SEC. 824. WAIVERS TO EXTEND TASK ORDER CONTRACTS 

12 FOR ADVISORY AND ASSISTANCE SERVICES. 

13 (a) DEFENSE CONTRACTS.—Section 2304b(b) of title 

14 10, United States Code, is amended— 

15 (1) by inserting ‘‘(1)’’ before ‘‘The period’’; 

16 (2) by inserting before the period the following: 

17 ‘‘or a waiver is issued under paragraph (2)’’; and 

18 (3) by adding at the end the following new para19 graph: 

20 ‘‘(2) The head of an agency may issue a waiver 

21 to extend a task order contract entered into under this 

22 section for a period not exceeding 10 years, through 

23 five one-year options, if the head of the agency deter24 mines in writing— 


sroberts on PROD1PC70 with BILLS
301 

•HR 5122 RH 

1 ‘‘(A) that the contract provides engineering 

2 or technical services of such a unique and sub3 stantial technical nature that award of a new 

4 contract would be harmful to the continuity of 

5 the program for which the services are per6 formed; 

7 ‘‘(B) that award of a new contract would 

8 create a large disruption in services provided to 

9 the Department of Defense; and 

10 ‘‘(C) the Department of Defense would en11 dure program risk during critical program 

12 stages due to loss of program corporate knowl13 edge of ongoing program activities.’’. 

14 (b) CIVILIAN AGENCY CONTRACTS.—Section 303I(b) of 

15 the Federal Property and Administrative Services Act of 

16 1949 (41 U.S.C. 253i) is amended— 

17 (1) by inserting ‘‘(1)’’ before ‘‘The period’’; 

18 (2) by inserting before the period the following: 

19 ‘‘or a waiver is issued under paragraph (2)’’; and 

20 (3) by adding at the end the following new para21 graph: 

22 ‘‘(2) An executive agency may issue a waiver to extend 

23 a task order contract entered into under this section for a 

24 period not exceeding 10 years, through five one-year op25 tions, if the head of the agency determines in writing— 


sroberts on PROD1PC70 with BILLS
302 

•HR 5122 RH 

1 ‘‘(A) that the contract provides engineering or 

2 technical services of such a unique and substantial 

3 technical nature that award of a new contract would 

4 be harmful to the continuity of the program for which 

5 the services are performed; 

6 ‘‘(B) that award of a new contract would create 

7 a large disruption in services provided to the execu8 tive agency; and 

9 ‘‘(C) the executive agency would endure program 

10 risk during critical program stages due to loss of pro11 gram corporate knowledge of ongoing program activi12 ties.’’. 

13 (c) REPORT.—Not later than April 1, 2007, the Sec14 retary of Defense shall submit to the Committees on Armed 

15 Services of the Senate and the House of Representatives a 

16 report on advisory and assistance services. The report shall 

17 include the following information: 

18 (1) The methods used by the Department of De19 fense to identify a contract as an advisory and assist20 ance services contract, as defined in section 2304b of 

21 title 10, United States Code. 

22 (2) The number of such contracts awarded by the 

23 Department during the five-year period preceding the 

24 date of enactment of this Act. 


sroberts on PROD1PC70 with BILLS
303 

•HR 5122 RH 

1 (3) The average annual expenditures by the De2 partment for such contracts. 

3 (4) The average length of such contracts. 

4 (5) The number of such contracts recompeted and 

5 awarded to the previous award winner. 

6 (6) The number of contractors performing such 

7 contracts that previously qualified as a small business 

8 but no longer qualify as a small business for a recom9 petition. 

10 (7) The number of such contracts required for a 

11 period of greater than five years and a justification 

12 of why those services are required for greater than five 

13 years, including the rationale for not performing the 

14 services inside the Department of Defense. 

15 (8) The percentage of such contracts awarded by 

16 the Department during the five-year period preceding 

17 the date of the enactment of this Act for assistance in 

18 the introduction and transfer of engineering and tech19 nical knowledge for fielded systems, equipment, and 

20 components. 

21 (9) The actions taken by the Department to pre22 vent organizational conflicts of interest in the use of 

23 such contracts. 

24 (d) PROHIBITIONON USE OF AUTHORITY BY DEPART25 MENT OF DEFENSE IF REPORT NOT SUBMITTED.—The 


sroberts on PROD1PC70 with BILLS
304 

•HR 5122 RH 

1 head of an agency may not issue a waiver under 

2 2304b(b)(2) of title 10, United States Code, as added by 

3 subsection (a), if the report required by subsection (c) is 

4 not submitted by the date set forth in that subsection. 

5 SEC. 825. ENHANCED ACCESS FOR SMALL BUSINESS. 

6 Section 9(a) of the Contract Disputes Act of 1978 (41 

7 U.S.C. 608) is amended by striking the period at the end 

8 of the first sentence and inserting the following: ‘‘or, in the 

9 case of a small business concern (as defined in the Small 

10 Business Act and regulations under that Act), $150,000 or 

11 less.’’. 

12 SEC. 826. PROCUREMENT GOAL FOR HISPANIC-SERVING IN13 STITUTIONS. 

14 Section 2323 of title 10, United States Code, is amend15 ed— 

16 (1) in subsection (a)(1)— 

17 (A) by striking ‘‘and’’ at the end of sub18 paragraph (B); 

19 (B) by striking the period at the end of sub20 paragraph (C) and inserting ‘‘; and’’; and 

21 (C) by adding at the end the following new 

22 subparagraph: 

23 ‘‘(D) Hispanic-serving institutions, as des24 ignated by the Department of Education.’’; 

25 (2) in subsection (a)(2)— 


sroberts on PROD1PC70 with BILLS
305 

•HR 5122 RH 

1 (A) by inserting after ‘‘historically Black 

2 colleges and universities’’ the following: ‘‘, His3 panic-serving institutions,’’; and 

4 (B) by inserting after ‘‘such colleges and 

5 universities’’ the following: ‘‘and institutions’’; 

6 (3) in subsection (c)(1), by inserting after ‘‘his7 torically Black colleges and universities’’ the fol8 lowing: ‘‘, Hispanic-serving institutions,’’; and 

9 (4) in subsection (c)(3), by inserting after ‘‘his10 torically Black colleges and universities’’ the fol11 lowing: ‘‘, to Hispanic-serving institutions,’’. 

12 SEC. 827. PROHIBITION ON DEFENSE CONTRACTORS RE13 QUIRING LICENSES OR FEES FOR USE OF 

14 MILITARY LIKENESSES AND DESIGNATIONS. 

15 The Secretary of Defense shall require that any con16 tract entered into or renewed by the Department of Defense 

17 include a provision prohibiting the contractor from requir18 ing toy and hobby manufacturers, distributors, or mer19 chants to obtain licenses from or pay fees to the contractor 

20 for the use of military likenesses or designations on items 

21 provided under the contract. 


sroberts on PROD1PC70 with BILLS
306 

•HR 5122 RH 

1 Subtitle D—United States Defense 

2 Industrial Base Provisions 

3 SEC. 831. PROTECTION OF STRATEGIC MATERIALS CRIT4 ICAL TO NATIONAL SECURITY. 

5 (a) REQUIREMENT TO BUY FROM AMERICAN

6 SOURCES.— 

7 (1) INGENERAL.—Chapter 148 of title 10, 

8 United States Code, is amended by inserting after sec9 tion 2533a the following new section: 

10 ‘‘§ 2533b. Requirement to buy strategic materials crit11 ical to national security from American 

12 sources; exceptions 

13 ‘‘(a) REQUIREMENT.—Except as provided in sub14 sections (c) through (h), funds appropriated or otherwise 

15 available to the Department of Defense may not be used 

16 for the procurement of an item described in subsection (b) 

17 if the item is not reprocessed, reused, or produced in the 

18 United States. 

19 ‘‘(b) COVERED ITEMS.—An item referred to in sub20 section (a) is any of the following: 

21 ‘‘(1) A specialty metal. 

22 ‘‘(2) An item critical to national security, as de23 termined by the Strategic Materials Protection Board. 

24 ‘‘(c) AVAILABILITY EXCEPTION.—Subsection (a) does 

25 not apply to the extent that the Secretary of Defense or the 


sroberts on PROD1PC70 with BILLS
307 

•HR 5122 RH 

1 Secretary of the military department concerned determines 

2 that satisfactory quality and sufficient quantity of any 

3 item described in subsection (b) cannot be procured as and 

4 when needed. 

5 ‘‘(d) EXCEPTIONFOR CERTAIN PROCUREMENTS.— 

6 Subsection (a) does not apply to the following: 

7 ‘‘(1) Procurements outside the United States in 

8 support of combat operations or in support of contin9 gency operations. 

10 ‘‘(2) Procurements by vessels in foreign waters 

11 for use of the item. 

12 ‘‘(3) Procurements for which the use of proce13 dures other than competitive procedures has been ap14 proved on the basis of section 2304(c)(2) of this title, 

15 relating to unusual and compelling urgency of need. 

16 ‘‘(e) EXCEPTION RELATING TO AGREEMENTS WITH

17 FOREIGN GOVERNMENTS.—Subsection (a) does not preclude 

18 the procurement of an item described in subsection (b) if— 

19 ‘‘(1) the procurement is necessary— 

20 ‘‘(A) to comply with agreements with for21 eign governments requiring the United States to 

22 purchase supplies from foreign sources for the 

23 purposes of offsetting sales made by the United 

24 States Government or United States firms under 


sroberts on PROD1PC70 with BILLS
308 

•HR 5122 RH 

1 approved programs serving defense requirements; 

2 or 

3 ‘‘(B) in furtherance of agreements with for4 eign governments in which both such govern5 ments agree to remove barriers to purchases of 

6 supplies produced in the other country or serv7 ices performed by sources of the other country; 

8 ‘‘(2) any such agreement with a foreign govern9 ment complies, where applicable, with the require10 ments of section 36 of the Arms Export Control Act 

11 (22 U.S.C. 2776) and with section 2457 of this title; 

12 and 

13 ‘‘(3) the item is grown, produced, or manufac14 tured in the United States or in the country from 

15 which it is procured. 

16 ‘‘(f) EXCEPTIONFOR COMMISSARIES, EXCHANGES, 

17 AND OTHER NONAPPROPRIATED FUND INSTRUMENTAL18 ITIES.—Subsection (a) does not apply to items purchased 

19 for resale purposes in commissaries, exchanges, and non20 appropriated fund instrumentalities operated by the De21 partment of Defense. 

22 ‘‘(g) EXCEPTIONFOR SMALL PURCHASES.—Subsection 

23 (a) does not apply to procurements in amounts not greater 

24 than the simplified acquisition threshold referred to in sec25 tion 2304(g) of this title. 


sroberts on PROD1PC70 with BILLS
309 

•HR 5122 RH 

1 ‘‘(h) APPLICABILITY TO PROCUREMENTS OF COMMER2 CIAL ITEMS.—This section applies to procurements of com3 mercial items notwithstanding section 34 of the Office of 

4 Federal Procurement Policy Act (41 U.S.C. 430). 

5 ‘‘(i) APPLICABILITY TO SUBCONTRACTS.—This section 

6 applies to subcontracts at any tier under a prime contract. 

7 ‘‘(j) APPLICABILITY TO NONCOMPLIANT COMPO8 NENTS.—A procurement subject to subsection (a) shall not 

9 be considered to be in compliance with subsection (a) if non10 compliant components are delivered under the procurement 

11 without charge to the Federal Government. In this sub12 section, the term ‘noncompliant component’ means a com13 ponent that is not reprocessed, reused, or produced in the 

14 United States. 

15 ‘‘(k) SPECIALTY METAL DEFINED.—In this section, the 

16 term ‘specialty metal’ means any of the following: 

17 ‘‘(1) Steel— 

18 ‘‘(A) with a maximum alloy content exceed19 ing one or more of the following limits: man20 ganese, 1.65 percent; silicon, 0.60 percent; or 

21 copper, 0.60 percent; or 

22 ‘‘(B) containing more than 0.25 percent of 

23 any of the following elements: aluminum, chro24 mium, cobalt, columbium, molybdenum, nickel, 

25 titanium, tungsten, or vanadium. 


sroberts on PROD1PC70 with BILLS
310 

•HR 5122 RH 

1 ‘‘(2) Metal alloys consisting of nickel, iron-nickel, 

2 and cobalt base alloys containing a total of other 

3 alloying metals (except iron) in excess of 10 percent. 

4 ‘‘(3) Titanium and titanium alloys. 

5 ‘‘(4) Zirconium and zirconium base alloys. 

6 ‘‘(5) A metal determined by the Strategic Mate7 rials Protection Board (established under section 187 

8 of this title) to be a specialty metal critical to na9 tional security. 

10 ‘‘(l) ADDITIONAL DEFINITIONS.—In this section: 

11 ‘‘(1) The term ‘United States’ includes posses12 sions of the United States. 

13 ‘‘(2) The term ‘micropurchase’ means a procure14 ment in an amount not greater than the micropur15 chase threshold, as defined by section 32(f) of the Of16 fice of Federal Procurement Policy Act (41 U.S.C. 

17 428). 

18 ‘‘(3) The term ‘component’ has the meaning pro19 vided in section 4 of such Act (41 U.S.C. 403).’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of such chapter is amended by 

22 adding at the end the following new item: 

‘‘2533b. Requirement to buy strategic materials critical to national security from 

American sources; exceptions.’’. 

23 (3) CONFORMING AMENDMENTS.—Section 2533a 

24 of title 10, United States Code, is amended— 


sroberts on PROD1PC70 with BILLS
311 

•HR 5122 RH 

1 (A) by striking paragraph (2) of subsection 

2 (b); 

3 (B) in subsection (c), by striking ‘‘or spe4 cialty metals (including stainless steel flat5 ware)’’; and 

6 (C) in subsection (e)— 

7 (i) by striking ‘‘SPECIALTY METALS

8 AND’’ in the heading; and 

9 (ii) by striking ‘‘specialty metals or’’. 

10 (4) EFFECTIVE DATES.— 

11 (A) Section 2533b of title 10, United States 

12 Code, as added by paragraph (1), shall apply 

13 with respect to contracts entered into after the 

14 date occurring 30 days after the date of the en15 actment of this Act. 

16 (B) The amendments made by paragraph 

17 (3) shall take effect on the date occurring 30 

18 days after the date of the enactment of this Act. 

19 (b) ONE-TIME INADVERTENT MICROPURCHASE WAIV20 ER OF SPECIALTY METALS DOMESTIC SOURCE REQUIRE21 MENT.— 

22 (1) NOTICE OF NONCOMPLIANCE.—In the case of 

23 a contract with the Department of Defense in effect 

24 before the date of the enactment of this Act with re25 spect to which the contracting officer for the contract 


sroberts on PROD1PC70 with BILLS
312 

•HR 5122 RH 

1 determines the contractor is not in compliance with 

2 section 2533a of title 10, United States Code (as in 

3 effect before such date of enactment) with respect to 

4 specialty metals, the contracting officer shall— 

5 (A) post a notice on FedBizOpps.gov that 

6 the contractor is not in compliance with such 

7 section; 

8 (B) notify the contractor (and any subcon9 tractor under the prime contract that is also 

10 noncompliant) in writing that the contractor (or 

11 subcontractor) is not in compliance with such 

12 section; and 

13 (C) require the contractor and any subcon14 tractor notified under subparagraph (B) to sub15 mit to the contracting officer a compliance plan 

16 for becoming compliant with such section. 

17 (2) WAIVER AUTHORITY.—In the case of a con18 tract described in paragraph (1), the contracting offi19 cer for the contract may waive the applicability to the 

20 contract of section 2533a of title 10, United States 

21 Code (as in effect before such date of enactment) with 

22 respect to specialty metals if— 

23 (A) the procurement is a micropurchase of 

24 components (whether in a prime contract or a 

25 subcontract under such contract) and the aggreVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00312 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
313 

•HR 5122 RH 

1 gate value of all such procurements in the prime 

2 contract and all the subcontracts under such con3 tract does not exceed 1 percent of the amount of 

4 the contract or $100,000, whichever is less; 

5 (B) the contracting officer determines in 

6 writing that the contractor was and continues to 

7 be inadvertently not in compliance with such 

8 section with respect to such metals and the con9 tractor has submitted a compliance plan under 

10 paragraph (1)(C); and 

11 (C) the Secretary of the military depart12 ment concerned approves the waiver. 

13 (3) NOTICE.—Not later than 15 days after a con14 tracting officer makes a determination under para15 graph (2)(B) with respect to a contract, the con16 tracting officer shall post a notice on FedBizOpps.gov 

17 that a waiver has been granted for the contract under 

18 this subsection. The notice shall include information 

19 about the applicability of section 1001 of title 18, 

20 United States Code (relating to criminal penalties for 

21 false statements). 

22 (4) CHALLENGE PERIOD.— 

23 (A) During the 15-day period beginning on 

24 the date of the posting of a notice of a waiver 

25 under paragraph (3) for a contract (in this subVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
314 

•HR 5122 RH 

1 section referred to as the ‘‘challenge period’’), the 

2 contracting officer shall accept challenges sub3 mitted with respect to the contract. 

4 (B) For purposes of this paragraph, a chal5 lenge, with respect to a contract for which a 

6 waiver has been granted under this subsection, is 

7 a submission of information by an entity (re8 ferred to as a ‘‘challenger’’ in this section) stat9 ing that the challenger can provide the specialty 

10 metals needed for performance of the contract 

11 and can certify in writing that the metals are 

12 reprocessed, reused, or produced in the United 

13 States. The information shall be submitted to the 

14 contracting officer in such form and manner as 

15 may be prescribed by the Under Secretary of De16 fense for Acquisition, Technology, and Logistics. 

17 (5) DETERMINATION BY CONTRACTING OFFI18 CER.—During the 15-day period beginning on the 

19 day after the end of the challenge period with respect 

20 to a contract, if any challenge has been submitted to 

21 the contracting officer, the contracting officer shall 

22 make a determination regarding whether the chal23 lenger can provide the specialty metals for the compo24 nents concerned in sufficient quantity, of satisfactory 


sroberts on PROD1PC70 with BILLS
315 

•HR 5122 RH 

1 quality, within a reasonable time, and at a cost that 

2 is not unreasonable. 

3 (6) RESCISSIONOF WAIVER.—(A) Except as pro4 vided in subparagraph (B), if the determination 

5 under paragraph (5) is in the affirmative, the con6 tracting officer shall— 

7 (i) rescind the waiver granted with respect 

8 to the contract under this subsection; and 

9 (ii) require the contractor to comply with 

10 subsection (a) by purchasing specialty metals 

11 from the challenger. 

12 (B) If the contracting officer makes a determina13 tion in the affirmative under paragraph (5) with re14 spect to two or more challengers, the contracting offi15 cer shall select or require the contractor to select, in 

16 such manner as the contracting officer considers ap17 propriate, the challenger to provide specialty metals 

18 under the contract. 

19 (7) DEFINITIONS.—In this subsection: 

20 (A) The term ‘‘micropurchase’’ means a 

21 procurement in an amount not greater than the 

22 micropurchase threshold, as defined by section 

23 32(f) of the Office of Federal Procurement Policy 

24 Act (41 U.S.C. 428). 


sroberts on PROD1PC70 with BILLS
316 

•HR 5122 RH 

1 (B) The term ‘‘component’’ has the meaning 

2 provided in section 4 of such Act (41 U.S.C. 

3 403). 

4 (C) The term ‘‘FedBizOpps.gov’’ means the 

5 website maintained by the General Services Ad6 ministration known as FedBizOpps.gov (or any 

7 successor site). 

8 (8) TERMINATION OF WAIVER AUTHORITY.—A 

9 contracting officer may exercise the waiver authority 

10 under this subsection only after the date of the enact11 ment of this Act and before July 1, 2008. 

12 SEC. 832. STRATEGIC MATERIALS PROTECTION BOARD. 

13 (a) IN GENERAL.—Chapter 7 of title 10, United States 

14 Code, is amended by adding at the end the following new 

15 section: 

16 ‘‘§ 187. Strategic Materials Protection Board 

17 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense 

18 shall establish a Strategic Materials Protection Board. 

19 ‘‘(2) The Board shall be composed of the following: 

20 ‘‘(A) The Secretary of Defense, who shall be the 

21 chairman of the Board. 

22 ‘‘(B) The Under Secretary of Defense for Acqui23 sition, Technology, and Logistics. 

24 ‘‘(C) The Under Secretary of Defense for Intel25 ligence. 


sroberts on PROD1PC70 with BILLS
317 

•HR 5122 RH 

1 ‘‘(D) The Secretary of the Army. 

2 ‘‘(E) The Secretary of the Navy. 

3 ‘‘(F) The Secretary of the Air Force. 

4 ‘‘(b) DUTIES.—In addition to other matters assigned 

5 to it by the Secretary of Defense, the Board shall— 

6 ‘‘(1) determine the need to provide a long term 

7 domestic supply of items designated as critical to na8 tional security to ensure that national defense needs 

9 are met; 

10 ‘‘(2) analyze the risk associated with each item 

11 designated as critical to national security and the af12 fect on national defense that the nonavailability of 

13 such item from a domestic source would have; 

14 ‘‘(3) recommend a strategy to the President to 

15 ensure the domestic availability of items designated 

16 as critical to national security; 

17 ‘‘(4) recommend such other strategies to the 

18 President as the Board considers appropriate to 

19 strengthen the industrial base with respect to items 

20 critical to national security; and 

21 ‘‘(5) publish, not less frequently than once every 

22 two years, in the Federal Register a list of items de23 termined to be critical to national security, including 

24 a list of specialty metals determined to be critical to 

25 national security for purposes of section 2533b of this 


sroberts on PROD1PC70 with BILLS
318 

•HR 5122 RH 

1 title (and referred to in section 2533b(l)((1)(5) of such 

2 title). 

3 ‘‘(c) MEETINGS.—The Board shall meet as determined 

4 necessary by the Secretary of Defense but not less frequently 

5 than once every two years to— 

6 ‘‘(1) determine and publish a list of items crit7 ical to national security as described in subsection 

8 (b)(5); and 

9 ‘‘(2) review items previously determined by the 

10 Board to be critical to national security, including 

11 specialty metals critical to national security for pur12 poses of section 2533b of this title, to determine the 

13 appropriateness of their continuing classification as 

14 critical to national security. 

15 ‘‘(d) REPORTS.—After each meeting of the Board, the 

16 Board shall prepare and submit to Congress a report con17 taining the results of the meeting and such recommenda18 tions as the Board determines appropriate. 

19 ‘‘(e) REMOVAL OF ITEMS FROM LIST.—The Board 

20 may not remove from the list referred to in subsection (b)(5) 

21 an item previously determined to be critical to national se22 curity by the Board until a period of 30 days expires after 

23 the Board submits to the congressional defense committees 

24 a written notification of the removal.’’. 


sroberts on PROD1PC70 with BILLS
319 

•HR 5122 RH 

1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by adding at the 

3 end the following new item: 

‘‘187. Strategic Materials Protection Board.’’. 

4 (c) FIRST MEETING OF BOARD.—The first meeting of 

5 the Strategic Materials Protection Board, established by sec6 tion 187 of title 10, United States Code (as added by para7 graph (1)) shall be not later than 180 days after the date 

8 of the enactment of this Act. 

9 TITLE IX—DEPARTMENT OF DE10 FENSE ORGANIZATION AND 

11 MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Standardization of statutory references to ‘‘national security system’’ 

within laws applicable to Department of Defense. 

Sec. 902. Correction of reference to predecessor of Defense Information Systems 

Agency. 

Sec. 903. Addition to membership of specified council. 

Sec. 904. Consolidation and standardization of authorities relating to Department of Defense Regional Centers for Security Studies. 

Sec. 905. Redesignation of the Department of the Navy as the Department of the 

Navy and Marine Corps. 

Subtitle B—Space Activities 

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

Global Positioning Executive Board. 

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

Sec. 913. Operationally Responsive Space. 

Subtitle C—Chemical Demilitarization Program 

Sec. 921. Transfer to Secretary of the Army of responsibility for Assembled Chemical Weapons Alternatives Program. 

Sec. 922. Comptroller General review of cost-benefit analysis of off-site versus onsite treatment and disposal of hydrolysate derived from neutralization of VX nerve gas at Newport Chemical Depot, Indiana. 

Sec. 923. Sense of Congress regarding the safe and expeditious disposal of chemical weapons. 


sroberts on PROD1PC70 with BILLS
320 

•HR 5122 RH 

Subtitle D—Intelligence-Related Matters 

Sec. 931. Repeal of termination of authority of Secretary of Defense to engage in 

commercial activities as security for intelligence collection activities abroad. 

1 Subtitle A—Department of Defense 

2 Management 

3 SEC. 901. STANDARDIZATION OF STATUTORY REFERENCES 

4 TO ‘‘NATIONAL SECURITY SYSTEM’’ WITHIN 

5 LAWS APPLICABLE TO DEPARTMENT OF DE6 FENSE. 

7 (a) DEFENSE BUSINESS SYSTEMS.—Section 

8 2222(j)(6) of title 10, United States Code, is amended by 

9 striking ‘‘in section 2315 of this title’’ and inserting ‘‘in 

10 section 3542(b)(2) of title 44’’. 

11 (b) CHIEF INFORMATION OFFICER RESPONSIBIL12 ITIES.—Section 2223(c)(3) of such title is amended by 

13 striking ‘‘section 11103 of title 40’’ and inserting ‘‘section 

14 3542(b)(2) of title 44’’. 

15 (c) PROCUREMENT OF AUTOMATIC DATA PROCESSING

16 EQUIPMENT AND SERVICES.—The text of section 2315 of 

17 such title is amended to read as follows: 

18 ‘‘For purposes of subtitle III of title 40, the term ‘na19 tional security system’, with respect to a telecommuni20 cations and information system operated by the Depart21 ment of Defense, has the meaning given that term by section 

22 3542(b)(2) of title 44.’’. 


sroberts on PROD1PC70 with BILLS
321 

•HR 5122 RH 

1 SEC. 902. CORRECTION OF REFERENCE TO PREDECESSOR 

2 OF DEFENSE INFORMATION SYSTEMS AGEN3 CY. 

4 Paragraph (1) of section 193(f) of title 10, United 

5 States Code, is amended to read as follows: 

6 ‘‘(1) The Defense Information Systems Agency.’’. 

7 SEC. 903. ADDITION TO MEMBERSHIP OF SPECIFIED COUN8 CIL. 

9 Section 179(a) of title 10, United States Code, is 

10 amended by adding at the end the following new paragraph: 

11 ‘‘(5) The commander of the United States Stra12 tegic Command.’’. 

13 SEC. 904. CONSOLIDATION AND STANDARDIZATION OF AU14 THORITIES RELATING TO DEPARTMENT OF 

15 DEFENSE REGIONAL CENTERS FOR SECURITY 

16 STUDIES. 

17 (a) BASIC AUTHORITIES FOR REGIONAL CENTERS.— 

18 (1) INGENERAL.—Section 184 of title 10, 

19 United States Code, is amended to read as follows: 

20 ‘‘§ 184. Regional Centers for Security Studies 

21 ‘‘(a) IN GENERAL.—The Secretary of Defense shall ad22 minister the Department of Defense Regional Centers for 

23 Security Studies in accordance with this section as inter24 national venues for bilateral and multilateral research, 

25 communication, and exchange of ideas involving military 

26 and civilian participants. 


sroberts on PROD1PC70 with BILLS
322 

•HR 5122 RH 

1 ‘‘(b) REGIONAL CENTERS SPECIFIED.—(1) A Depart2 ment of Defense Regional Center for Security Studies is a 

3 Department of Defense institution that— 

4 ‘‘(A) is operated, and designated as such, by the 

5 Secretary of Defense for the study of security issues 

6 relating to a specified geographic region of the world; 

7 and 

8 ‘‘(B) serves as a forum for bilateral and multi9 lateral research, communication, and exchange of 

10 ideas involving military and civilian participants. 

11 ‘‘(2) The Department of Defense Regional Centers for 

12 Security Studies are the following: 

13 ‘‘(A) The George C. Marshall European Center 

14 for Security Studies, established in 1993 and located 

15 in Garmisch-Partenkirchen, Germany. 

16 ‘‘(B) The Asia-Pacific Center for Security Stud17 ies, established in 1995 and located in Honolulu, Ha18 waii. 

19 ‘‘(C) The Center for Hemispheric Defense Stud20 ies, established in 1997 and located in Washington, 

21 D.C. 

22 ‘‘(D) The Africa Center for Strategic Studies, es23 tablished in 1999 and located in Washington, D.C. 


sroberts on PROD1PC70 with BILLS
323 

•HR 5122 RH 

1 ‘‘(E) The Near East South Asia Center for Stra2 tegic Studies, established in 2000 and located in 

3 Washington, D.C. 

4 ‘‘(3) No institution or element of the Department of 

5 Defense may be designated as a Department of Defense Re6 gional Center for Security Studies for purposes of this sec7 tion, other than the institutions specified in paragraph (2), 

8 except as specifically provided by law after the date of the 

9 enactment of this section. 

10 ‘‘(c) REGULATIONS.—The administration of the Re11 gional Centers under this section shall be carried out under 

12 regulations prescribed by the Secretary. 

13 ‘‘(d) PARTICIPATION.—Participants in activities of the 

14 Regional Centers may include United States military and 

15 civilian personnel, governmental and nongovernmental per16 sonnel, and foreign military and civilian, governmental 

17 and nongovernmental personnel. 

18 ‘‘(e) EMPLOYMENT AND COMPENSATION OF FAC19 ULTY.—At each Regional Center, the Secretary may, subject 

20 to appropriations— 

21 ‘‘(1) employ a Director, a Deputy Director, and 

22 as many civilians as professors, instructors, and lec23 turers as the Secretary considers necessary; and 

24 ‘‘(2) prescribe the compensation of such persons, 

25 in accordance with Federal guidelines. 


sroberts on PROD1PC70 with BILLS
324 

•HR 5122 RH 

1 ‘‘(f) PAYMENT OF COSTS.—(1) Participation in activi2 ties of a Regional Center shall be on a reimbursable basis 

3 (or by payment in advance), except in a case in which re4 imbursement is waived in accordance with paragraph (3). 

5 ‘‘(2) For a foreign national participant, payment of 

6 costs may be made by the participant, the participant’s 

7 own government, by a Department or agency of the United 

8 States other than the Department of Defense, or by a gift 

9 or donation on behalf of one or more Regional Centers ac10 cepted under section 2611 of this title on behalf of the par11 ticipant’s government. 

12 ‘‘(3) The Secretary of Defense may waive reimburse13 ment of the costs of activities of the Regional Centers for 

14 foreign military officers and foreign defense and security 

15 civilian government officials from a developing country if 

16 the Secretary determines that attendance of such personnel 

17 without reimbursement is in the national security interest 

18 of the United States. Costs for which reimbursement is 

19 waived pursuant to this paragraph shall be paid from ap20 propriations available to the Regional Centers. 

21 ‘‘(4) Funds accepted for the payment of costs shall be 

22 credited to the appropriation then currently available to the 

23 Department of Defense for the Regional Center that in24 curred the costs. Funds so credited shall be merged with the 

25 appropriation to which credited and shall be available to 


sroberts on PROD1PC70 with BILLS
325 

•HR 5122 RH 

1 that Regional Center for the same purposes and same period 

2 as the appropriation with which merged. 

3 ‘‘(5) Funds available for the payment of personnel ex4 penses under the Latin American cooperation authority set 

5 forth in section 1050 of this title are also available for the 

6 costs of the operation of the Center for Hemispheric Defense 

7 Studies. 

8 ‘‘(g) SUPPORT TO OTHER AGENCIES.—The Director of 

9 a Regional Center may enter into agreements with the Sec10 retaries of the military departments, the heads of the De11 fense Agencies, and, with the concurrence of the Secretary 

12 of Defense, the heads of other Federal departments and 

13 agencies for the provision of services by that Regional Cen14 ter under this section. Any such participating department 

15 and agency shall transfer to the Regional Center funds to 

16 pay the full costs of the services received. 

17 ‘‘(h) ANNUAL REPORT.—Not later than February 1 of 

18 each year, the Secretary of Defense shall submit to the Com19 mittee on Armed Services of the Senate and the Committee 

20 on Armed Services of the House of Representatives a report 

21 on the operation of the Regional Centers for security studies 

22 during the preceding fiscal year. The annual report shall 

23 include, for each Regional Center, the following informa24 tion: 

25 ‘‘(1) The status and objectives of the center. 


sroberts on PROD1PC70 with BILLS
326 

•HR 5122 RH 

1 ‘‘(2) The budget of the center, including the costs 

2 of operating the center. 

3 ‘‘(3) A description of the extent of the inter4 national participation in the programs of the center, 

5 including the costs incurred by the United States for 

6 the participation of each foreign nation. 

7 ‘‘(4) A description of the foreign gifts and dona8 tions, if any, accepted under section 2611 of this 

9 title.’’. 

10 (2) CLERICAL AMENDMENT.—The item relating 

11 to such section in the table of sections at the begin12 ning of chapter 7 of such title is amended to read as 

13 follows: 

‘‘184. Regional Centers for Security Studies.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) EMPLOYMENT AND COMPENSATION AUTHOR16 ITY FOR CIVILIANFACULTY.—Section 1595 of title 10, 

17 United States Code, is amended— 

18 (A) in subsection (c)— 

19 (i) by striking paragraphs (3) and (5); 

20 and 

21 (ii) by redesignating paragraphs (4) 

22 and (6) as paragraphs (3) and (4), respec23 tively; and 

24 (B) by striking subsection (e). 


sroberts on PROD1PC70 with BILLS
327 

•HR 5122 RH 

1 (2) STATUS OF CENTER FOR HEMISPHERIC DE2 FENSE STUDIES.—Section 2165 of title 10, United 

3 States Code, is amended— 

4 (A) in subsection (b)— 

5 (i) by striking paragraph (6); and 

6 (ii) by redesignating paragraph (7) as 

7 paragraph (6); and 

8 (B) by striking subsection (c). 

9 SEC. 905. REDESIGNATION OF THE DEPARTMENT OF THE 

10 NAVY AS THE DEPARTMENT OF THE NAVY 

11 AND MARINE CORPS. 

12 (a) REDESIGNATION OF MILITARY DEPARTMENT.— 

13 The military department designated as the Department of 

14 the Navy is redesignated as the Department of the Navy 

15 and Marine Corps. 

16 (b) REDESIGNATION OF SECRETARY AND OTHER

17 STATUTORY OFFICES.— 

18 (1) SECRETARY.—The position of the Secretary 

19 of the Navy is redesignated as the Secretary of the 

20 Navy and Marine Corps. 

21 (2) OTHER STATUTORY OFFICES.—The positions 

22 of the Under Secretary of the Navy, the four Assistant 

23 Secretaries of the Navy, and the General Counsel of 

24 the Department of the Navy are redesignated as the 

25 Under Secretary of the Navy and Marine Corps, the 


sroberts on PROD1PC70 with BILLS
328 

•HR 5122 RH 

1 Assistant Secretaries of the Navy and Marine Corps, 

2 and the General Counsel of the Department of the 

3 Navy and Marine Corps, respectively. 

4 (c) CONFORMING AMENDMENTS TO TITLE 10, UNITED

5 STATES CODE.— 

6 (1) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 

7 Paragraph (8) of section 101(a) of title 10, United 

8 States Code, is amended to read as follows: 

9 ‘‘(8) The term ‘military department’ means the 

10 Department of the Army, the Department of the Navy 

11 and Marine Corps, and the Department of the Air 

12 Force.’’. 

13 (2) ORGANIZATION OF DEPARTMENT.—The text 

14 of section 5011 of such title is amended to read as fol15 lows: ‘‘The Department of the Navy and Marine 

16 Corps is separately organized under the Secretary of 

17 the Navy and Marine Corps.’’. 

18 (3) POSITIONOF SECRETARY.—Section 

19 5013(a)(1) of such title is amended by striking ‘‘There 

20 is a Secretary of the Navy’’ and inserting ‘‘There is 

21 a Secretary of the Navy and Marine Corps’’. 

22 (4) CHAPTER HEADINGS.— 

23 (A) The heading of chapter 503 of such title 

24 is amended to read as follows: 


sroberts on PROD1PC70 with BILLS
329 

•HR 5122 RH 

1 ‘‘CHAPTER 503—DEPARTMENT OF THE 

2 NAVY AND MARINE CORPS’’. 

3 (B) The heading of chapter 507 of such title 

4 is amended to read as follows: 

5 ‘‘CHAPTER 507—COMPOSITION OF THE DE6 PARTMENT OF THE NAVY AND MARINE 

7 CORPS’’. 

8 (5) OTHER AMENDMENTS.— 

9 (A) Title 10, United States Code, is amend10 ed by striking ‘‘Department of the Navy’’ and 

11 ‘‘Secretary of the Navy’’ each place they appear 

12 other than as specified in paragraphs (1), (2), 

13 (3), and (4) (including in section headings, sub14 section captions, tables of chapters, and tables of 

15 sections) and inserting ‘‘Department of the Navy 

16 and Marine Corps’’ and ‘‘Secretary of the Navy 

17 and Marine Corps’’, respectively, in each case 

18 with the matter inserted to be in the same type19 face and typestyle as the matter stricken. 

20 (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 

21 5017(2), 5032(a), and 5042(a) of such title are 

22 amended by striking ‘‘Assistant Secretaries of the 

23 Navy’’ and inserting ‘‘Assistant Secretaries of 

24 the Navy and Marine Corps’’. 


sroberts on PROD1PC70 with BILLS
330 

•HR 5122 RH 

1 (ii) The heading of section 5016 of such 

2 title, and the item relating to such section in the 

3 table of sections at the beginning of chapter 503 

4 of such title, are each amended by inserting ‘‘and 

5 Marine Corps’’ after ‘‘of the Navy’’, with the 

6 matter inserted in each case to be in the same 

7 typeface and typestyle as the matter amended. 

8 (d) TITLE 37, UNITED STATES CODE.—Title 37, 

9 United States Code, is amended by striking ‘‘Department 

10 of the Navy’’ and ‘‘Secretary of the Navy’’ each place they 

11 appear and inserting ‘‘Department of the Navy and Marine 

12 Corps’’ and ‘‘Secretary of the Navy and Marine Corps’’, 

13 respectively. 

14 (e) OTHER REFERENCES.—Any reference in any law 

15 other than in title 10 or title 37, United States Code, or 

16 in any regulation, document, record, or other paper of the 

17 United States, to the Department of the Navy shall be con18 sidered to be a reference to the Department of the Navy and 

19 Marine Corps. Any such reference to an office specified in 

20 subsection (b)(2) shall be considered to be a reference to that 

21 office as redesignated by that subsection. 

22 (f) EFFECTIVE DATE.—This section and the amend23 ments made by this section shall take effect on the first day 

24 of the first month beginning more than 60 days after the 

25 date of the enactment of this Act. 


sroberts on PROD1PC70 with BILLS
331 

•HR 5122 RH 

1 Subtitle B—Space Activities 

2 SEC. 911. DESIGNATION OF SUCCESSOR ORGANIZATIONS 

3 FOR THE DISESTABLISHED INTERAGENCY 

4 GLOBAL POSITIONING EXECUTIVE BOARD. 

5 (a) SUCCESSOR ORGANIZATIONS.— Section 8 of the 

6 Commercial Space Transportation Competitiveness Act of 

7 2000 (10 U.S.C. 2281 note) is amended by striking ‘‘by 

8 Congress’’ and all that follows and inserting ‘‘for the func9 tions and activities of the following organizations estab10 lished pursuant to the national security presidential direc11 tive issued December 8, 2004 (and any successor organiza12 tion, to the extent the successor organization performs the 

13 functions of the specified organization): 

14 ‘‘(1) The interagency committee known as the 

15 National Space-Based Positioning, Navigation, and 

16 Timing Executive Committee. 

17 ‘‘(2) The support office for the committee speci18 fied in paragraph (1) known as the National Space19 Based Positioning, Navigation, and Timing Coordi20 nation Office. 

21 ‘‘(3) The Federal advisory committee known as 

22 the National Space-Based Positioning, Navigation, 

23 and Timing Advisory Board.’’. 


sroberts on PROD1PC70 with BILLS
332 

•HR 5122 RH 

1 (b) CLARIFICATION.—Such section is further amended 

2 by striking ‘‘interagency funding’’ and inserting ‘‘multi3 agency funding’’. 

4 SEC. 912. EXTENSION OF AUTHORITY FOR PILOT PROGRAM 

5 FOR PROVISION OF SPACE SURVEILLANCE 

6 NETWORK SERVICES TO NON-UNITED STATES 

7 GOVERNMENT ENTITIES. 

8 Section 2274(i) of title 10, United States Code, is 

9 amended by striking ‘‘shall be conducted’’ and all that fol10 lows and inserting ‘‘may be conducted through September 

11 30, 2009.’’. 

12 SEC. 913. OPERATIONALLY RESPONSIVE SPACE. 

13 (a) OPERATIONALLY RESPONSIVE SPACE PROGRAM

14 OFFICE.— 

15 (1) ESTABLISHMENT OF OFFICE.—Section 2273a 

16 of title 10, United States Code, is amended to read as 

17 follows: 

18 ‘‘§ 2273a. Operationally Responsive Space Program 

19 Office 

20 ‘‘(a) ESTABLISHMENT OF OFFICE.—(1) The Secretary 

21 of Defense shall establish within the Department of Defense 

22 an office to be known as the Operationally Responsive 

23 Space Program Office. 

24 ‘‘(2) The head of the Office shall be the official in the 

25 Department of Defense who is designated by the Secretary 


sroberts on PROD1PC70 with BILLS
333 

•HR 5122 RH 

1 of Defense as the Department of Defense Executive Agent 

2 for Space. 

3 ‘‘(b) MISSION.—The mission of the Office shall be to 

4 contribute to the development of low-cost, rapid reaction 

5 payloads, spacelift, and launch control capabilities in order 

6 to fulfill joint military operational requirements for on-de7 mand space support or reconstitution. The Office shall 

8 manage the program element required under subsection (g). 

9 ‘‘(c) ORGANIZATION.—The Office shall be organized 

10 into integrated and co-located elements that include the fol11 lowing: 

12 ‘‘(1) A science and technology section, which 

13 shall perform the functions specified in subsection (d). 

14 ‘‘(2) An operations section, which shall perform 

15 the functions specified in subsection (e). 

16 ‘‘(3) An acquisition section, which shall perform 

17 the functions specified in subsection (f). 

18 ‘‘(d) SCIENCE AND TECHNOLOGY.—As directed by the 

19 head of the Office, the science and technology section shall 

20 pursue innovative approaches to the development of capa21 bilities for operationally responsive space through basic and 

22 applied research focused on (but not limited to) payloads, 

23 bus, and launch equipment. 

24 ‘‘(e) OPERATIONS.—As directed by the head of the Of25 fice, the operations section shall serve as the primary interVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
334 

•HR 5122 RH 

1 mediary between the Office and the combatant commands 

2 in order to— 

3 ‘‘(1) ascertain the needs of the warfighter; and 

4 ‘‘(2) integrate operationally responsive space capabili5 ties into— 

6 ‘‘(A) operations plans of the combatant com7 mands; 

8 ‘‘(B) techniques, tactics, and procedures of the 

9 military departments; and 

10 ‘‘(C) military exercises, demonstrations, and war 

11 games. 

12 ‘‘(f) ACQUISITION.—(1) As directed by the head of the 

13 Office, the acquisition section shall undertake the acquisi14 tion of systems necessary to integrate, sustain, and launch 

15 assets for operationally responsive space. 

16 ‘‘(2) In the case of any system or subsystem to be ac17 quired by the Office, the acquisition may be carried out only 

18 after the commander of the United States Strategic Com19 mand has validated the system requirements for the system 

20 or subsystem to be acquired. 

21 ‘‘(3) The commander of the United States Strategic 

22 Command shall participate in the approval of any acquisi23 tion program initiated by the Office. 


sroberts on PROD1PC70 with BILLS
335 

•HR 5122 RH 

1 ‘‘(g) REQUIRED PROGRAM ELEMENT.—(1) The Sec2 retary of Defense shall ensure that, within budget program 

3 elements for space programs of the Department of Defense— 

4 ‘‘(A) that there is a separate, dedicated program 

5 element for operationally responsive national security 

6 payloads and buses of the Department of Defense for 

7 space satellites; and 

8 ‘‘(B) that programs and activities for such pay9 loads and buses are planned, programmed, and budg10 eted for through that program element. 

11 ‘‘(2) In this subsection, the term ‘operationally respon12 sive’, with respect to a national security payload and bus 

13 for a space satellite, means an experimental or operational 

14 payload and bus with a weight not in excess of 5,000 

15 pounds that— 

16 ‘‘(A) can be developed and acquired within 18 

17 months after authority to proceed with development is 

18 granted; and 

19 ‘‘(B) is responsive to requirements for capabili20 ties at the operational and tactical levels of warfare.’’. 

21 (2) CLERICAL AMENDMENT.—The item relating 

22 to that section in the table of sections at the beginning 

23 of chapter 135 of such title is amended to read as fol24 lows: 

‘‘2273a. Operationally Responsive Space Program Office.’’. 

25 (b) PLANFOR OPERATIONALLY RESPONSIVE SPACE.— 


sroberts on PROD1PC70 with BILLS
336 

•HR 5122 RH 

1 (1) PLANREQUIRED.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary of Defense shall submit to the congressional de4 fense committees a report setting forth a plan for the 

5 acquisition by the Department of Defense of capabili6 ties for operationally responsive space to support the 

7 warfighter. 

8 (2) ELEMENTS.—The plan required by para9 graph (1) shall include the following: 

10 (A) An identification of the capabilities re11 quired by the Department to fulfill the mission 

12 of the Department with respect to operationally 

13 responsive space. 

14 (B) An identification of the roles and mis15 sions of each military department, Defense Agen16 cy, and other component or element of the De17 partment of Defense for the fulfillment of the 

18 mission of the Department with respect to oper19 ationally responsive space. 

20 (C) A description of the chain of command 

21 and reporting structure of the Operationally Re22 sponsive Space Program Office established under 

23 section 2273a of title 10, United States Code, as 

24 amended by subsection (a). 


sroberts on PROD1PC70 with BILLS
337 

•HR 5122 RH 

1 (D) A description of the classification of in2 formation required for that Office in order to en3 sure that the Office carries out its responsibilities 

4 in a proper and efficient manner. 

5 (E) A description of the acquisition policies 

6 and procedures applicable to that Office, includ7 ing a description of any legislative or adminis8 trative action necessary to provide the Office ad9 ditional acquisition authority to carry out its re10 sponsibilities. 

11 (F) A complete schedule for the implementa12 tion of the plan. 

13 (G) The funding required to implement the 

14 plan over the course of the future-years defense 

15 program under section 221 of title 10, United 

16 States Code, in effect as of the submission of the 

17 plan. 

18 (3) DEFINITION.—In this subsection, the term 

19 ‘‘operationally responsive space’’ means the develop20 ment and launch of space assets upon demand in a 

21 low-cost manner. 


sroberts on PROD1PC70 with BILLS
338 

•HR 5122 RH 

1 Subtitle C—Chemical 

2 Demilitarization Program 

3 SEC. 921. TRANSFER TO SECRETARY OF THE ARMY OF RE4 SPONSIBILITY FOR ASSEMBLED CHEMICAL 

5 WEAPONS ALTERNATIVES PROGRAM. 

6 Effective January 1, 2007, the text of section 142 of 

7 the Strom Thurmond National Defense Authorization Act 

8 for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 1521 

9 note) is amended to read as follows: 

10 ‘‘(a) PROGRAM MANAGEMENT.—(1) The program 

11 manager for the Assembled Chemical Weapons Alternatives 

12 program shall report to the Secretary of the Army. 

13 ‘‘(2) The Secretary of the Army shall provide for that 

14 program to be managed as part of the management organi15 zation within the Department of the Army specified in sec16 tion 1412(e) of Public Law 99–145 (50 U.S.C. 1521(e)). 

17 ‘‘(b) CONTINUED IMPLEMENTATION OF PREVIOUSLY

18 SELECTED ALTERNATIVE TECHNOLOGIES.—(1) In car19 rying out the destruction of lethal chemical munitions at 

20 Pueblo Chemical Depot, Colorado, the Secretary of the 

21 Army shall continue to implement fully the alternative tech22 nology for such destruction at that depot selected by the 

23 Under Secretary of Defense for Acquisition, Technology, 

24 and Logistics on July 16, 2002. 


sroberts on PROD1PC70 with BILLS
339 

•HR 5122 RH 

1 ‘‘(2) In carrying out the destruction of lethal chemical 

2 munitions at Blue Grass Army Depot, Kentucky, the Sec3 retary of the Army shall continue to implement fully the 

4 alternative technology for such destruction at that depot se5 lected by the Under Secretary of Defense for Acquisition, 

6 Technology, and Logistics on February 3, 2003.’’. 

7 SEC. 922. COMPTROLLER GENERAL REVIEW OF COST-BEN8 EFIT ANALYSIS OF OFF-SITE VERSUS ON-SITE 

9 TREATMENT AND DISPOSAL OF HYDROLY10 SATE DERIVED FROM NEUTRALIZATION OF 

11 VX NERVE GAS AT NEWPORT CHEMICAL 

12 DEPOT, INDIANA. 

13 (a) REVIEW REQUIRED.—Not later than December 1, 

14 2006, the Comptroller General shall submit to Congress a 

15 report containing a review of the cost-benefit analysis pre16 pared by the Secretary of the Army entitled ‘‘Cost-Benefit 

17 Analysis of Off-Site Versus On-Site Treatment and Dis18 posal of Newport Caustic Hydrolysate’’ and dated April 24, 

19 2006. 

20 (b) CONTENT OF REVIEW.—In conducting the review 

21 under subsection (a), the Comptroller General shall consider 

22 and assess at a minimum the following matters: 

23 (1) The adequacy of the rationale contained in 

24 the cost-benefit analysis referred to in subsection (a) 

25 in dismissing five of the eight technologies for hydrolVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
340 

•HR 5122 RH 

1 ysate treatment directed for consideration on page 

2 116 of the the Report of the Committee on Armed 

3 Services of the House of Representatives on H.R. 1815 

4 (House Report 109–89). 

5 (2) The rationale for the failure of the Secretary 

6 of the Army to consider other technical solutions, such 

7 as constructing a wastewater disposal system at the 

8 Newport Chemical Depot. 

9 (3) The adequacy of the cost-benefit analysis pre10 sented for the three technologies considered. 

11 (c) DELAY PENDING REPORT.—The Secretary of the 

12 Army shall not proceed with any action to transport or re13 locate neutralized bulk nerve agent (other than those small 

14 quantities necessary for laboratory evaluation of the dis15 posal process) from the Newport Chemical Depot until— 

16 (1) the report required by subsection (a) is sub17 mitted; and 

18 (2) a period of 60 days expires after the submis19 sion of the report. 

20 SEC. 923. SENSE OF CONGRESS REGARDING THE SAFE AND 

21 EXPEDITIOUS DISPOSAL OF CHEMICAL WEAP22 ONS. 

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

24 (1) The disposal of chemical weapons needs to be 

25 accomplished as safely and expeditiously as possible. 


sroberts on PROD1PC70 with BILLS
341 

•HR 5122 RH 

1 (2) It is apparent, however, that any disposal 

2 method for chemical weapons that involves the trans3 portation of chemical munitions or processed chemical 

4 munitions is difficult to implement 

5 (b) SENSE OF CONGRESS.—In light of these findings, 

6 it is the sense of Congress that, when chemical munitions 

7 or processed chemical munitions are proposed for treatment 

8 or disposal at a location remote from the location where 

9 the munitions are stored— 

10 (1) the method of actually selecting the disposal 

11 location should be free from political interference; and 

12 (2) a process like that used for selecting and ap13 proving military installations for closure or realign14 ment should be considered. 

15 Subtitle D—Intelligence-Related 

16 Matters 

17 SEC. 931. REPEAL OF TERMINATION OF AUTHORITY OF SEC18 RETARY OF DEFENSE TO ENGAGE IN COM19 MERCIAL ACTIVITIES AS SECURITY FOR IN20 TELLIGENCE COLLECTION ACTIVITIES 

21 ABROAD. 

22 Section 431(a) of title 10, United States Code, is 

23 amended by striking the last sentence. 

24 TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 


sroberts on PROD1PC70 with BILLS
342 

•HR 5122 RH 

Sec. 1002. Authorization of supplemental appropriations for fiscal year 2006. 

Sec. 1003. Increase in fiscal year 2006 general transfer authority. 

Sec. 1004. United States contribution to NATO common-funded budgets in fiscal 

year 2007. 

Sec. 1005. Report on budgeting for fluctuations in fuel cost rates. 

Sec. 1006. Reduction in authorizations due to savings resulting from lower-thanexpected inflation. 

Subtitle B—Policy Relating to Vessels and Shipyards 

Sec. 1011. Transfer of naval vessels to foreign nations based upon vessel class. 

Sec. 1012. Overhaul, repair, and maintenance of vessels in foreign shipyards. 

Sec. 1013. Report on options for future lease arrangement for Guam Shipyard. 

Sec. 1014. Shipbuilding Industrial Base Improvement Program. 

Sec. 1015. Transfer of operational control of certain patrol coastal ships to Coast 

Guard. 

Sec. 1016. Limitation on leasing of foreign-built vessels. 

Sec. 1017. Overhaul, repair, and maintenance of vessels carrying Department of 

Defense cargo. 

Sec. 1018. Riding gang member documentation requirement. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Restatement in title 10, United States Code, and revision of Department of Defense authority to provide support for counter-drug 

activities of Federal, State, local, and foreign law enforcement 

agencies. 

Sec. 1022. Restatement in title 10, United States Code, and revision of Department of Defense authority to provide support for counter-drug 

activities of certain foreign governments. 

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

counterterrorism campaign in Colombia. 

Sec. 1024. Continuation of reporting requirement regarding Department of Defense expenditures to support foreign counter-drug activities. 

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

South and Central Asian regions. 

Subtitle D—Other Matters 

Sec. 1031. Revision to authorities relating to Commission on the implementation 

of the New Strategic Posture of the United States. 

Sec. 1032. Enhancement to authority to pay rewards for assistance in combating 

terrorism. 

Sec. 1033. Report on assessment process of Chairman of the Joint Chiefs of Staff 

relating to Global War on Terrorism. 

Sec. 1034. Presidential report on improving interagency support for United 

States 21st century national security missions. 

Sec. 1035. Quarterly reports on implementation of 2006 Quadrennial Defense Review Report. 

Sec. 1036. Increased hunting and fishing opportunities for members of the Armed 

Forces, retired members, and disabled veterans. 

Sec. 1037. Technical and clerical amendments. 

Sec. 1038. Database of emergency response capabilities. 

Sec. 1039. Information on certain criminal investigations and prosecutions. 

Sec. 1040. Date for final report of EMP Commission. 


sroberts on PROD1PC70 with BILLS
343 

•HR 5122 RH 

1 Subtitle A—Financial Matters 

2 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

3 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

4 (1) AUTHORITY.—Upon determination by the 

5 Secretary of Defense that such action is necessary in 

6 the national interest, the Secretary may transfer 

7 amounts of authorizations made available to the De8 partment of Defense in this division for fiscal year 

9 2007 between any such authorizations for that fiscal 

10 year (or any subdivisions thereof). Amounts of au11 thorizations so transferred shall be merged with and 

12 be available for the same purposes as the authoriza13 tion to which transferred. 

14 (2) LIMITATION.—The total amount of author15 izations that the Secretary may transfer under the 

16 authority of this section may not exceed 

17 $3,750,000,000. 

18 (b) LIMITATIONS.—The authority provided by this sec19 tion to transfer authorizations— 

20 (1) may only be used to provide authority for 

21 items that have a higher priority than the items from 

22 which authority is transferred; and 

23 (2) may not be used to provide authority for an 

24 item that has been denied authorization by Congress. 


sroberts on PROD1PC70 with BILLS
344 

•HR 5122 RH 

1 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans2 fer made from one account to another under the authority 

3 of this section shall be deemed to increase the amount au4 thorized for the account to which the amount is transferred 

5 by an amount equal to the amount transferred. 

6 (d) NOTICE TO CONGRESS.—The Secretary shall 

7 promptly notify Congress of each transfer made under sub8 section (a). 

9 SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL APPRO10 PRIATIONS FOR FISCAL YEAR 2006. 

11 Amounts authorized to be appropriated to the Depart12 ment of Defense and the Department of Energy for fiscal 

13 year 2006 in the National Defense Authorization Act for 

14 Fiscal Year 2006 (Public Law 109–163) are hereby ad15 justed, with respect to any such authorized amount, by the 

16 amount by which appropriations pursuant to such author17 ization are increased by a supplemental appropriation or 

18 decreased by a rescission, or both, or are increased by a 

19 transfer of funds, pursuant to an emergency supplemental 

20 appropriations Act for 2006. 

21 SEC. 1003. INCREASE IN FISCAL YEAR 2006 GENERAL TRANS22 FER AUTHORITY. 

23 Section 1001(a)(2) of the National Defense Authoriza24 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 


sroberts on PROD1PC70 with BILLS
345 

•HR 5122 RH 

1 Stat. 3418) is amended by striking ‘‘$3,500,000,000’’ and 

2 inserting ‘‘$3,750,000,000’’. 

3 SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COM4 MON-FUNDED BUDGETS IN FISCAL YEAR 2007. 

5 (a) FISCAL YEAR 2007 LIMITATION.—The total 

6 amount contributed by the Secretary of Defense in fiscal 

7 year 2007 for the common-funded budgets of NATO may 

8 be any amount up to, but not in excess of, the amount speci9 fied in subsection (b) (rather than the maximum amount 

10 that would otherwise be applicable to those contributions 

11 under the fiscal year 1998 baseline limitation). 

12 (b) TOTAL AMOUNT.—The amount of the limitation 

13 applicable under subsection (a) is the sum of the following: 

14 (1) The amounts of unexpended balances, as of 

15 the end of fiscal year 2006, of funds appropriated for 

16 fiscal years before fiscal year 2007 for payments for 

17 those budgets. 

18 (2) The amount specified in subsection (c)(1). 

19 (3) The amount specified in subsection (c)(2). 

20 (4) The total amount of the contributions author21 ized to be made under section 2501. 

22 (c) AUTHORIZED AMOUNTS.—Amounts authorized to 

23 be appropriated by titles II and III of this Act are available 

24 for contributions for the common-funded budgets of NATO 

25 as follows: 


sroberts on PROD1PC70 with BILLS
346 

•HR 5122 RH 

1 (1) Of the amount provided in section 201(1), 

2 $797,000 for the Civil Budget. 

3 (2) Of the amount provided in section 301(1), 

4 $310,277,000 for the Military Budget. 

5 (d) DEFINITIONS.—For purposes of this section: 

6 (1) COMMON-FUNDED BUDGETS OF NATO.—The 

7 term ‘‘common-funded budgets of NATO’’ means the 

8 Military Budget, the Security Investment Program, 

9 and the Civil Budget of the North Atlantic Treaty Or10 ganization (and any successor or additional account 

11 or program of NATO). 

12 (2) FISCAL YEAR 1998 BASELINE LIMITATION.— 

13 The term ‘‘fiscal year 1998 baseline limitation’’ 

14 means the maximum annual amount of Department 

15 of Defense contributions for common-funded budgets of 

16 NATO that is set forth as the annual limitation in 

17 section 3(2)(C)(ii) of the resolution of the Senate giv18 ing the advice and consent of the Senate to the ratifi19 cation of the Protocols to the North Atlantic Treaty 

20 of 1949 on the Accession of Poland, Hungary, and the 

21 Czech Republic (as defined in section 4(7) of that res22 olution), approved by the Senate on April 30, 1998. 

23 SEC. 1005. REPORT ON BUDGETING FOR FLUCTUATIONS IN 

24 FUEL COST RATES. 

25 (a) SECRETARY OF DEFENSE REPORT.— 


sroberts on PROD1PC70 with BILLS
347 

•HR 5122 RH 

1 (1) REPORT ONBUDGETING FOR FUEL COST

2 FLUCTUATIONS.—Not later than January 15, 2007, 

3 the Secretary of Defense shall submit to the Com4 mittee on Armed Services of the Senate and the Com5 mittee on Armed Services of the House of Representa6 tives a report on the fuel rate and cost projection used 

7 in the annual Department of Defense budget presen8 tation. 

9 (2) MATTERS TO BE INCLUDED.—In the report 

10 under paragraph (1), the Secretary shall— 

11 (A) identify alternative approaches for se12 lecting fuel rates that would produce more real13 istic estimates of amounts required to be appro14 priated or otherwise made available for the De15 partment of Defense to accommodate fuel rate 

16 fluctuations; 

17 (B) discuss the advantages and disadvan18 tages of each approach identified pursuant to 

19 subparagraph (A); and 

20 (C) identify the Secretary’s preferred ap21 proach among the alternative identified pursu22 ant to subparagraph (A) and provide the Sec23 retary’s rationale for preferring that approach. 

24 (3) IDENTIFICATION OF ALTERNATIVE AP25 PROACHES.—In identifying alternative approaches 


sroberts on PROD1PC70 with BILLS
348 

•HR 5122 RH 

1 pursuant to paragraph (2)(A), the Secretary shall ex2 amine— 

3 (A) approaches used by other Federal de4 partments and agencies; and 

5 (B) the feasibility of using private economic 

6 forecasting. 

7 (b) COMPTROLLER GENERAL REVIEW AND REPORT.— 

8 The Comptroller General shall review the report under sub9 section (a), including the basis for the Secretary’s conclu10 sions stated in the report, and shall submit, not later than 

11 March 15, 2007, to the Committee on Armed Services of 

12 the Senate and the Committee on Armed Services of the 

13 House of Representatives a report containing the results of 

14 that review. 

15 SEC. 1006. REDUCTION IN AUTHORIZATIONS DUE TO SAV16 INGS RESULTING FROM LOWER-THAN-EX17 PECTED INFLATION. 

18 (a) REDUCTION.—The total amount authorized to be 

19 appropriated by titles I, II, and III is the amount equal 

20 to the sum of the separate amounts authorized to be appro21 priated by those titles reduced by $1,583,000,000. 

22 (b) SOURCE OF SAVINGS.—Reduction required in 

23 order to comply with subsection (a) shall be derived from 

24 savings resulting from lower-than-expected inflation. 


sroberts on PROD1PC70 with BILLS
349 

•HR 5122 RH 

1 (c) ALLOCATIONOF REDUCTION.—The Secretary of 

2 Defense shall allocate the reduction required by subsection 

3 (a) among the amounts authorized to be appropriated for 

4 accounts in title I, II, and III to reflect the extent to which 

5 net savings from lower-than-expected inflation are allocable 

6 to amounts authorized to be appropriated to those accounts. 

7 Subtitle B—Policy Relating to 

8 Vessels and Shipyards 

9 SEC. 1011. TRANSFER OF NAVAL VESSELS TO FOREIGN NA10 TIONS BASED UPON VESSEL CLASS. 

11 Section 7307(a) of title 10, United States Code, is 

12 amended— 

13 (1) by striking ‘‘disposition of that vessel is ap14 proved’’ and inserting ‘‘disposal of that vessel, or of 

15 a vessel of the class of that vessel, is authorized’’; and 

16 (2) by adding at the end the following new sen17 tences: ‘‘In the case of an authorization by law for the 

18 disposal of such a vessel that names a specific vessel 

19 as being authorized for such disposal, the Secretary of 

20 Defense may substitute another vessel of the same 

21 class, if the vessel substituted has virtually identical 

22 capabilites as the named vessel. In the case of an au23 thorization by law for the disposal of vessels of a spec24 ified class, the Secretary may dispose of vessels of that 

25 class pursuant to that authorization only in the numVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00349 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
350 

•HR 5122 RH 

1 ber of such vessels specified in that law as being au2 thorized for disposal.’’. 

3 SEC. 1012. OVERHAUL, REPAIR, AND MAINTENANCE OF VES4 SELS IN FOREIGN SHIPYARDS. 

5 (a) IN GENERAL.—Section 7310 of title 10, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 7310. Overhaul, repair, etc. of vessels in foreign 

8 shipyards 

9 ‘‘(a) IN GENERAL.—A vessel covered by this section the 

10 homeport of which is in the United States may not be over11 hauled, repaired, or maintained in a shipyard outside the 

12 United States, other than in the case of emergency voyage 

13 repairs. 

14 ‘‘(b) COVERED VESSELS.—(1) Vessels covered by this 

15 section are the following: 

16 ‘‘(A) Any naval vessel. 

17 ‘‘(B) Any other vessel under the jurisdiction of 

18 the Secretary of the Navy, including any vessel under 

19 the jurisdiction of the Military Sealift Command that 

20 is owned or chartered by the United States. 

21 ‘‘(2)(A) Notwithstanding paragraph (1), a naval vessel 

22 or other vessel certified by the Secretary of the Navy that 

23 is deployed conducting special mission operations is not 

24 subject to this section. 


sroberts on PROD1PC70 with BILLS
351 

•HR 5122 RH 

1 ‘‘(B) The Secretary of the Navy shall submit to the 

2 congressional defense committees each year a written certifi3 cation of those vessels that are excluded from this section. 

4 The certification shall be submitted each year with the an5 nual submission of the Navy budget justification materials. 

6 ‘‘(c) CERTAIN VESSELS TO BE CONSIDERED TO BE

7 HOMEPORTED IN UNITED STATES.—In the case of a vessel 

8 that does not have a designated homeport, the vessel shall 

9 be considered to have a homeport in the United States for 

10 the purposes of this section if any of the following applies 

11 to the vessel during the preceding 12-month period: 

12 ‘‘(1) The vessel has operated within 1,400 nau13 tical miles of the United States. 

14 ‘‘(2) The vessel has returned to the United States 

15 more than two times. 

16 ‘‘(3) The vessel has made a port call or return 

17 to the United States that exceeded seven days. 

18 ‘‘(d) VESSEL CHANGING HOMEPORTS.—(1) In the case 

19 of a vessel covered by this section the homeport of which 

20 is not in the United States, the Secretary of the Navy may 

21 not during the 15-month period preceding the planned reas22 signment of the vessel to a homeport in the United States 

23 begin any work for the overhaul, repair, or maintenance 

24 of the vessel that is scheduled to be for a period of more 

25 than six months 


sroberts on PROD1PC70 with BILLS
352 

•HR 5122 RH 

1 ‘‘(2) In the case of a vessel covered by this section the 

2 homeport of which is in the United States, the Secretary 

3 of the Navy shall— 

4 ‘‘(A) not less than 60 days before designating a 

5 homeport for that vessel at a location outside the 

6 United States, submit to Congress notification in 

7 writing of the intent to designate a homeport for that 

8 vessel outside the United States, together with the rea9 sons for that designation; and 

10 ‘‘(B) during the 15-month period preceding the 

11 planned reassignment of the vessel to a homeport not 

12 in the United States, perform in the United States 

13 any work for the overhaul, repair, or maintenance of 

14 the vessel that is scheduled— 

15 ‘‘(i) to begin during the 15-month period; 

16 and 

17 ‘‘(ii) to be for a period of more than six 

18 months. 

19 ‘‘(e) DEFINITIONS.—In this section: 

20 ‘‘(1)(A) The term ‘emergency voyage repair’ 

21 means the following: 

22 ‘‘(i) Repairs on mission-essential or safety23 essential items that are needed for a vessel to de24 ploy, to continue on a deployment, or to comply 

25 with regulatory requirements. 


sroberts on PROD1PC70 with BILLS
353 

•HR 5122 RH 

1 ‘‘(ii) Standard maintenance, but only to the 

2 extent that such maintenance is absolutely nec3 essary to ensure machinery and equipment oper4 ational reliability or to comply with regulatory 

5 requirements. 

6 ‘‘(iii) Repair or maintenance that is not ex7 ecuted with a contract request for proposal. 

8 ‘‘(B) Such term does not include corrective 

9 maintenance actions that may be deferred until the 

10 next scheduled regular overhaul and dry docking 

11 availability at a shipyard in the Unites States with12 out degrading operational readiness, habitability 

13 standards, or personnel safety or adversely affecting 

14 regulatory compliance. 

15 ‘‘(2) The term ‘United States’, when used in a 

16 geographic sense, includes the Commonwealth of Puer17 to Rico, the Commonwealth of the Northern Mariana 

18 Islands, Guam, and the Virgin Islands.’’. 

19 (b) EFFECTIVE DATE.—Subsection (c) of section 7310 

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

21 (a), shall take effect on October 1, 2006, or the date of the 

22 enactment of this Act, whichever is later, and shall apply 

23 only with respect to events specified in paragraphs (1), (2), 

24 and (3) of that subsection occurring on or after that effective 

25 date. 


sroberts on PROD1PC70 with BILLS
354 

•HR 5122 RH 

1 (c) LIMITATIONON APPLICATIONTO VESSEL OPER2 ATING UNDER EXISTING CHARTER.—This section does not 

3 affect the application of section 7310 of title 10, United 

4 States Code, to a vessel operating under a charter to the 

5 United States in effect on the date of the enactment of this 

6 Act, unless such charter is terminated or renewed after such 

7 date of enactment. 

8 SEC. 1013. REPORT ON OPTIONS FOR FUTURE LEASE AR9 RANGEMENT FOR GUAM SHIPYARD. 

10 (a) REPORT REQUIRED.— Not later than December 

11 15, 2006, the Secretary of the Navy shall submit to the Com12 mittee on Armed Services of the Senate and the Committee 

13 on Armed Service of the House of Representatives a report 

14 describing the options available with respect to the Guam 

15 Shipyard in Santa Rita, Guam. 

16 (b) CONTENTS OF REPORT.—The report required 

17 under subsection (a) shall include the following: 

18 (1) An evaluation of the performance of the enti19 ties that, as of the date of the enactment of this Act, 

20 are the lessee and operators of the Guam Shipyard 

21 under the terms of the lease in effect on the date of 

22 the enactment of this Act. 

23 (2) An evaluation of each of the following op24 tions with respect to the Guam Shipyard lease: 


sroberts on PROD1PC70 with BILLS
355 

•HR 5122 RH 

1 (A) Terminating the remaining term of the 

2 lease and issuing a new 25 year lease with the 

3 same entity. 

4 (B) Terminating the remaining term of the 

5 lease with respect to the approximately 73 acres 

6 within the Guam Shipyard that are required for 

7 mission requirements and leaving the remaining 

8 term of the lease in effect with respect to the ap9 proximately 27 acres within the Facility that 

10 are not required for mission requirements. 

11 (C) Terminating the remaining term of the 

12 lease and negotiating a new use arrangement 

13 with a different lessee or operator. The new use 

14 arrangement options shall include: 

15 (i) Government-owned and govern16 ment-operated facility. 

17 (ii) Government-owned and contractor18 operated facility. 

19 (iii) Government-leased property for 

20 contractor-owned and contractor-operated 

21 facility. 

22 (c) OPTIONS FOR NEW USE ARRANGEMENTS.—In 

23 evaluating the options under subsection (b)(2)(C), the Sec24 retary of the Navy shall include an evaluation of each of 

25 the following: 


sroberts on PROD1PC70 with BILLS
356 

•HR 5122 RH 

1 (1) The anticipated future military vessel repair 

2 and workload on Guam in relation to the 2006 Quad3 rennial Defense Review, issued on February 6, 2006, 

4 pursuant to section 118 of title 10, United States 

5 Code. 

6 (2) The anticipated military vessel repair and 

7 workload attributable to vessels comprising the Mari8 time Prepositioning Ship Squadron Three. 

9 (3) The anticipated military vessel repair and 

10 workload due to a change in section 7310 of title 10, 

11 United States Code, that would designate Guam as a 

12 United States homeport facility. 

13 (4) The expected workload if the submarine ten14 der the U.S.S. Frank Cable (AS–40) is decommis15 sioned. 

16 (5) The estimated reacquisition costs of trans17 ferred Government property. 

18 (6) Costs to improve floating dry dock mooring 

19 certification and required nuclear certification for the 

20 floating dry dock designated as AFDB–8 to conduct 

21 the following maintenance: 

22 (A) Dry-docking selected restricted avail23 abilities and mid-term availability for attack 

24 submarines. 


sroberts on PROD1PC70 with BILLS
357 

•HR 5122 RH 

1 (B) Dry-docking phased maintenance avail2 abilities for amphibious vessels, including to am3 phibious assault ships, dock landing ships, and 

4 amphibious transport dock ships. 

5 (C) Dry-docking phased maintenance avail6 abilities for surface combatants, including cruis7 ers, destroyers, and frigates. 

8 (7) Commercial opportunities for development to 

9 expand commercial ship repair and general indus10 trial services, given anti-terrorism force protection re11 quirements at the current facility. 

12 (8) Estimates from three contractors for the 

13 maintenance and repair costs associated with exe14 cuting a multiship, multioption contract that would 

15 generate a minimum 60,000 manday commitment for 

16 the Department of the Navy and Military Sealift 

17 Command vessels. 

18 (9) A projection of the maintenance and repair 

19 costs associated with executing a minimum 60,000 

20 mandays for the Department of the Navy and Mili21 tary Sealift Command vessels as a Government-owned 

22 and Government-operated Navy ship repair facility. 

23 (d) INPUT FROM CONTRACTORS.—In evaluating the 

24 options under clauses (ii) and (iii) of subsection (b)(2)(C) 

25 for the purposes of paragraphs (1), (2), and (3) of subVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00357 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
358 

•HR 5122 RH 

1 section (c), the Secretary of the Navy shall seek input from 

2 at least three contractors on the viability of operations 

3 based on the projected workload fiscal years 2008 through 

4 2013. 

5 (e) RECOMMENDATIONS.—The Secretary of the Navy 

6 shall include in the report the following: 

7 (1) The recommendations of the Secretary with 

8 respect to continuation of the existing Guam Ship9 yard lease based on evaluations conducted pursuant 

10 to subsection (b)(1). 

11 (2) The option under subsection (b)(2) that the 

12 Secretary recommends for fiscal year 2008. 

13 (f) GAO REPORT.—Not later than March 1, 2007, the 

14 Comptroller General shall submit to the Committee on 

15 Armed Services of the Senate and the Committee on Armed 

16 Service of the House of Representatives a report evaluating 

17 the report submitted by the Secretary of the Navy under 

18 subsection (a). The report shall include the option under 

19 subsection (b)(2) that the Secretary recommends for fiscal 

20 year 2008. 

21 (g) SUPPORT FOR NATIONAL STRATEGIC OBJEC22 TIVES.—For fiscal year 2007, the Secretary of the Navy, 

23 under the authority of section 2304(c)(3) of title 10, United 

24 States Code, and section 6.302–3(a)(2)(i) of the Federal Ac25 quisition Regulation, shall award contracts to the Guam 


sroberts on PROD1PC70 with BILLS
359 

•HR 5122 RH 

1 Shipyard in amounts equal to the average amount of the 

2 mandays contracts awarded to the Guam Shipyard for fis3 cal years 1998 through 2006 for the purpose of maintaining 

4 the industrial base in case of a national emergency or to 

5 achieve industrial mobilization. 

6 SEC. 1014. SHIPBUILDING INDUSTRIAL BASE IMPROVE7 MENT PROGRAM. 

8 (a) PROGRAM FOR UNITED STATES PRIVATE SHIP9 YARDS.—The Secretary of the Navy shall establish a pro10 gram, to be known as the Shipbuilding Industrial Base Im11 provement Program, under which the Secretary— 

12 (1) shall make grants to qualified applicants to 

13 facilitate the development of innovative design and 

14 production technologies and processes for naval vessel 

15 construction and the development of modernized ship16 building infrastructure; and 

17 (2) shall provide loan guarantees for qualifying 

18 shipyards to facilitate the acquisition by such ship19 yards of technologies, processes, and infrastructure to 

20 improve their productivity and cost effectiveness. 

21 (b) PURPOSES OF PROGRAM.—The purposes of the pro22 gram established under subsection (a) are— 

23 (1) to improve the efficiency and cost-effective24 ness of the construction of naval vessels for the United 

25 States; 


sroberts on PROD1PC70 with BILLS
360 

•HR 5122 RH 

1 (2) to enhance the quality of naval vessel con2 struction; and 

3 (3) to promote the international competitiveness 

4 of United States shipyards for the construction of 

5 commercial ships and naval ships intended for sale to 

6 foreign governments. 

7 (c) SELECTIONOF GRANT RECIPIENTS.— 

8 (1) APPLICATION FOR DEVELOPMENT FUND9 ING.—An entity requesting a grant under subsection 

10 (a)(1) to develop new design or production tech11 nologies or processes for naval vessels or to improve 

12 shipbuilding infrastructure shall submit to the Sec13 retary of the Navy an application that describes the 

14 proposal of the entity and provides evidence of its ca15 pability to develop one or more of the following: 

16 (A) Numerically controlled machine tools, 

17 robots, automated process control equipment, 

18 computerized flexible manufacturing systems, as19 sociated computer software, and other technology 

20 designed to improve shipbuilding and related in21 dustrial productivity. 

22 (B) Novel techniques and processes designed 

23 to improve shipbuilding quality, productivity, 

24 and practice on a broad and sustained basis, in25 cluding in such areas as engineering design, 


sroberts on PROD1PC70 with BILLS
361 

•HR 5122 RH 

1 quality assurance, concurrent engineering, con2 tinuous process production technology, employee 

3 skills enhancement, and management of cus4 tomers and suppliers. 

5 (C) Technology, techniques, and processes 

6 appropriate to enhancing the productivity of 

7 shipyard infrastructure. 

8 (2) SELECTION .—From applications submitted 

9 under paragraph (1), the Secretary of the Navy shall 

10 select entities to receive funds under subsection (a)(1) 

11 based on their ability to research and develop innova12 tive technologies, processes, and infrastructure to al13 leviate areas of shipyard construction inefficiencies as 

14 determined through the assessment described in sub15 section (f). 

16 (d) MATCHING REQUIREMENT FOR GRANTS.— 

17 (1) FEDERAL FUNDING.—Except as provided in 

18 paragraph (2), Federal funds from a grant under sub19 section (a)(1) for any purpose shall not exceed 75 per20 cent of the total cost. 

21 (2) EXCEPTIONS.— 

22 (A) SMALL PROJECTS.—Paragraph (1) shall 

23 not apply to grants under this section for stand24 alone projects costing not more than $25,000. 

25 The amount under this subparagraph shall be 


sroberts on PROD1PC70 with BILLS
362 

•HR 5122 RH 

1 indexed to the consumer price index and modi2 fied each fiscal year after the annual publication 

3 of the consumer price index. 

4 (B) REDUCTIONINMATCHING REQUIRE5 MENT.—If the Secretary of the Navy determines 

6 that a proposed project merits support and can7 not be undertaken without a higher percentage of 

8 Federal financial assistance, the Secretary may 

9 award a grant for such project with a lesser 

10 matching requirement than is described in para11 graph (1). 

12 (e) LOAN GUARANTEES FOR SHIPYARD USE OF DE13 VELOPED TECHNOLOGIES, PROCESSES, AND INFRASTRUC14 TURE.— 

15 (1) INGENERAL.—Upon making a determina16 tion that a technology, a process, or an infrastructure 

17 improvement (whether developed using a grant under 

18 subsection (a)(1), through the National Shipbuilding 

19 Research Program, or otherwise) will improve the 

20 productivity and cost-effectiveness of naval vessel con21 struction, the Secretary of the Navy may provide a 

22 loan guarantee under subsection (a)(2) for a quali23 fying shipyard to facilitate the purchase by such ship24 yard of such technology, process, or infrastructure im25 provement. 


sroberts on PROD1PC70 with BILLS
363 

•HR 5122 RH 

1 (2) PAYMENT OF COST OF LOAN GUARANTEE.— 

2 The cost of a guarantee under this subsection shall be 

3 paid for with amounts made available in appropria4 tions Acts. 

5 (3) PERCENTAGE LIMITATION; TERM.—A loan 

6 guarantee under this subsection may apply— 

7 (A) to up to 87.5 percent of the loan prin8 cipal; and 

9 (B) for a term of up to 30 years. 

10 (4) AUTHORITIES, PROCEDURES, REQUIRE11 MENTS, AND RESTRICTIONS.—The Secretary of the 

12 Navy, subject to the other provisions of this section— 

13 (A) in implementing this section, may exer14 cise authorities that are similar to the authori15 ties available to the Secretary of Transportation 

16 under title XI of the Merchant Marine Act, 1936 

17 (46 App. U.S.C. 1271 et seq.), with respect to 

18 loan guarantees under that title; and 

19 (B) may establish such additional require20 ments for loan guarantees under this section as 

21 the Secretary determines to be necessary to mini22 mize the cost of such guarantees. 

23 (5) LIMITATIONONTOTAL AMOUNT OF LOAN

24 GUARANTEES.—The total amount of loans for which 


sroberts on PROD1PC70 with BILLS
364 

•HR 5122 RH 

1 guarantees are provided under this subsection may 

2 not exceed $1,000,000,000. 

3 (6) DEFINITIONS.—In this subsection: 

4 (A) QUALIFYING SHIPYARD.—The term 

5 ‘‘qualifying shipyard’’, with respect to a loan 

6 guarantee under this section, means a shipyard 

7 that, over the three years preceding the year in 

8 which the loan guarantee is made, derived less 

9 than 40 percent of its revenue either directly or 

10 indirectly from United States Government con11 tracts. 

12 (B) COST.—The term ‘‘cost’’, with respect to 

13 a loan guarantee under this section, has the 

14 meaning given that term in section 502 of the 

15 Congressional Budget and Impoundment Control 

16 Act of 1974 (2 U.S.C. 661a), with cost for that 

17 purpose calculated assuming that the borrowing 

18 entity receives no revenue directly or indirectly 

19 from United States Government contracts. 

20 (7) TERMINATION OF AUTHORITY.—The author21 ity of the Secretary of the Navy to provide loan guar22 antees under this subsection expires at the close of 

23 September 30, 2011. 

24 (f) ASSESSMENTS OF NAVAL VESSEL CONSTRUCTION

25 INEFFICIENCIES.— 


sroberts on PROD1PC70 with BILLS
365 

•HR 5122 RH 

1 (1) PERIODIC ASSESSMENTS REQUIRED.—The 

2 Secretary of the Navy shall conduct, in the third 

3 quarter of each fiscal year or as often as necessary, 

4 an assessment of the following aspects of naval vessel 

5 construction to determine where and to what extent 

6 inefficiencies exist and to what extent innovative de7 sign and production technologies, processes, and in8 frastructure can be developed to alleviate such ineffi9 ciencies: 

10 (A) Program design, engineering, and pro11 duction engineering. 

12 (B) Organization and operating systems. 

13 (C) Steelwork production. 

14 (D) Ship construction and outfitting. 

15 (2) CONSIDERATION OF PRIOR ASSESSMENTS.— 

16 In making the assessments required by paragraph (1), 

17 the Secretary shall take into consideration the results 

18 of— 

19 (A) the study of the cost effectiveness of the 

20 ship construction program of the Navy required 

21 by section 1014 of the Ronald W. Reagan Na22 tional Defense Authorization Act for Fiscal Year 

23 2005 (Public Law 108–375; 118 Stat. 2041); and 

24 (B) the assessment of the United States 

25 naval shipbuilding industry required by section 


sroberts on PROD1PC70 with BILLS
366 

•HR 5122 RH 

1 254 of the National Defense Authorization Act 

2 for Fiscal Year 2006 (Public Law 109–163; 119 

3 Stat. 3180). 

4 (g) AVAILABILITY OF FUNDS.— 

5 (1) AUTHORITY SUBJECT TO AVAILABILITY OF

6 APPROPRIATIONS.—The authority of the Secretary of 

7 the Navy to make grants and provide loan guarantees 

8 under this section for any fiscal year is subject to the 

9 availability of appropriations for that purpose. 

10 (2) FISCAL YEAR 2007.—Of the amount author11 ized to be appropriated pursuant to section 201(2) for 

12 research, development, test, and evaluation for the 

13 Navy for fiscal year 2007— 

14 (A) $50,000,000 shall be available to the 

15 Secretary of the Navy only to make grants under 

16 this section; and 

17 (B) $50,000,000 shall be available only for 

18 the cost (as defined in subsection (e)(6)(B)) of 

19 loan guarantees under this section. 

20 (h) IDENTIFICATION IN BUDGET OF ANNUAL AMOUNT

21 FOR SUPPORT OF NSRP ACTIVITIES.—Amounts in the 

22 budget of the President for any fiscal year for research, de23 velopment, test, and evaluation for the Navy that are in24 tended to be made available for the National Shipbuilding 

25 Research Program shall be separately identified and set 


sroberts on PROD1PC70 with BILLS
367 

•HR 5122 RH 

1 forth in budget justification materials submitted to Con2 gress for that fiscal year in support of that budget. 

3 (i) DEFINITION OF SHIPYARD.—In this section, the 

4 term ‘‘shipyard’’ means a private shipyard located in the 

5 United States the business of which includes the construc6 tion, repair, and maintenance of United States naval ves7 sels. 

8 SEC. 1015. TRANSFER OF OPERATIONAL CONTROL OF CER9 TAIN PATROL COASTAL SHIPS TO COAST 

10 GUARD. 

11 Not later than September 30, 2008, the Secretary of 

12 the Navy shall enter into an agreement with the Com13 mandant of the Coast Guard for the transfer by the Sec14 retary of the Navy to the Coast Guard of operational control 

15 of not less than five 179-foot Cyclone-class patrol coastal 

16 ships for a period extending at least through September 30, 

17 2012. 

18 SEC. 1016. LIMITATION ON LEASING OF FOREIGN-BUILT 

19 VESSELS. 

20 (a) IN GENERAL.—(1) Chapter 141 of title 10, United 

21 States Code, is amended by inserting after section 2401a 

22 the following new section: 

23 ‘‘§ 2401b. Limitation on lease of foreign-built vessels 

24 ‘‘(a) LIMITATION.—The Secretary of a military de25 partment may not make a contract for a lease or charter 


sroberts on PROD1PC70 with BILLS
368 

•HR 5122 RH 

1 of a vessel for a term of more than 24 months (including 

2 all options to renew or extend the contract) if the hull, or 

3 a component of the hull and superstructure of the vessel, 

4 is constructed in a foreign shipyard. 

5 ‘‘(b) PRESIDENTIAL WAIVER FOR NATIONAL SECURITY

6 INTEREST.—(1) The President may authorize exceptions to 

7 the limitation in subsection (a) when the President deter8 mines that it is in the national security interest of the 

9 United States to do so. 

10 ‘‘(2) The President shall transmit notice to Congress 

11 of any such determination, and no contract may be made 

12 pursuant to the exception authorized until the end of the 

13 30-day period beginning on the date on which the notice 

14 of the determination is received by Congress.’’. 

15 (2) The table of sections at the beginning of such chap16 ter is amended by inserting after the item relating to section 

17 2401a the following new item: 

‘‘2401b. Limitation on lease of foreign-built vessels.’’. 

18 (b) EFFECTIVE DATE.—Section 2401b of title 10, 

19 United States Code, as added by subsection (a), shall apply 

20 with respect to contracts entered into after the date of the 

21 enactment of this Act. 


sroberts on PROD1PC70 with BILLS
369 

•HR 5122 RH 

1 SEC. 1017. OVERHAUL, REPAIR, AND MAINTENANCE OF VES2 SELS CARRYING DEPARTMENT OF DEFENSE 

3 CARGO. 

4 The Secretary of Defense may not award any contract 

5 for the carriage by vessel of cargo for the Department of 

6 Defense, unless the contract includes a requirement under 

7 which the contractor shall— 

8 (1) ensure that all overhaul, repair, and mainte9 nance performed on the vessel during the period of the 

10 contract is performed in a shipyard located in the 

11 United States; or 

12 (2) report to the Secretary every fiscal year 

13 quarter all overhaul, repair, and maintenance per14 formed on the vessel in a shipyard located outside the 

15 United States during the period covered by the report. 

16 SEC. 1018. RIDING GANG MEMBER DOCUMENTATION RE17 QUIREMENT. 

18 (a) REQUIREMENT.—The Secretary of Defense may 

19 not award any charter of a vessel for the Department of 

20 Defense, or contract for the carriage of cargo by vessel for 

21 the Department of Defense, unless the charter or contract, 

22 respectively, requires that each riding gang member that 

23 performs any work on the vessel during the effective period 

24 of the charter or contract holds a merchant mariner’s docu25 ment issued under chapter 73 of title 46, United States 

26 Code. 


sroberts on PROD1PC70 with BILLS
370 

•HR 5122 RH 

1 (b) RIDING GANG MEMBER DEFINED.—In this section 

2 the term ‘‘riding gang member’’ means an individual 

3 who— 

4 (1) does not perform— 

5 (A) watchstanding, automated engine room 

6 duty watch, or personnel safety functions; or 

7 (B) cargo handling functions, including 

8 any activity relating to the loading or unloading 

9 of cargo, the operation of cargo-related equip10 ment (whether or not integral to the vessel), and 

11 the handling of mooring lines on the dock when 

12 the vessel is made fast or let go; 

13 (2) does not serve as part of the crew complement 

14 required under section 8101 of title 46, United States 

15 Code; 

16 (3) is not a member of the steward’s department; 

17 and 

18 (4) is not a citizen or temporary or permanent 

19 resident of a country designated by the United States 

20 as a sponsor of terrorism or any other country that 

21 the Secretary of Defense, in consultation with the Sec22 retary of State and the heads of other appropriate 

23 United States agencies, determines to be a security 

24 threat to the United States. 

25 (c) LIMITATIONS ON APPLICATION.— 


sroberts on PROD1PC70 with BILLS
371 

•HR 5122 RH 

1 (1) VESSEL OPERATING UNDER EXISTING CHAR2 TER OR CONTRACT.—This section does not apply with 

3 respect to a vessel operating under a charter or con4 tract in effect on the date of the enactment of this sec5 tion, unless such charter or contract is renewed after 

6 such date of enactment. 

7 (2) EXEMPTIONS BY SECRETARY OF DEFENSE.— 

8 (A) INGENERAL.—The Secretary of Defense 

9 may issue regulations that exempt a riding gang 

10 member from subsection (a) for the performance 

11 of specific technical work on original equipment 

12 of a vessel. 

13 (B) BACKGROUND CHECK.—Such regula14 tions shall include a requirement that a riding 

15 gang member must pass a background check be16 fore performing work under such an exemption. 


sroberts on PROD1PC70 with BILLS
372 

•HR 5122 RH 

1 Subtitle C—Counter-Drug Activities 

2 SEC. 1021. RESTATEMENT IN TITLE 10, UNITED STATES 

3 CODE, AND REVISION OF DEPARTMENT OF 

4 DEFENSE AUTHORITY TO PROVIDE SUPPORT 

5 FOR COUNTER-DRUG ACTIVITIES OF FED6 ERAL, STATE, LOCAL, AND FOREIGN LAW EN7 FORCEMENT AGENCIES. 

8 (a) RESTATEMENT AND REVISIONOF AUTHORITY.— 

9 Chapter 18 of title 10, United States Code, is amended by 

10 adding at the end a new section 383 consisting of— 

11 (1) a heading as follows: 

12 ‘‘§ 383. Support for counter-drug activities: Federal, 

13 State, local, and foreign law enforcement 

14 agencies’’; and 

15 (2) a text consisting of the text of section 1004 

16 of the National Defense Authorization Act for Fiscal 

17 Year 1991 (Public Law 101–510; 10 U.S.C. 374 

18 note), revised as follows: 

19 (A) In subsection (a), by replacing ‘‘During 

20 fiscal years 2002 through 2006, the’’ with ‘‘The’’. 

21 (B) In subsection (e), by replacing ‘‘section 

22 376 of title 10, United States Code,’’ with ‘‘sec23 tion 376 of this title,’’. 


sroberts on PROD1PC70 with BILLS
373 

•HR 5122 RH 

1 (C) In subsection (f), by deleting the par2 enthetical phrase beginning ‘‘(including train3 ing’’ and ending ‘‘1564))’’. 

4 (D) In subsection (g)— 

5 (i) in paragraph (1), by replacing 

6 ‘‘chapter 18, United States Code’’ with ‘‘this 

7 chapter’’; and 

8 (ii) in paragraph (2), by replacing 

9 ‘‘title 10, United States Code’’ with ‘‘this 

10 title’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such chapter is amended by adding at the 

13 end the following new item: 

‘‘383. Support for counter-drug activities: Federal, State, local, and foreign law 

enforcement agencies.’’. 

14 (c) REPEAL OF FISCAL YEAR 1991 AUTHORITY.—Sec15 tion 1004 of the National Defense Authorization Act for Fis16 cal Year 1991 (Public Law 101–510; 10 U.S.C. 374 note) 

17 is repealed. 

18 SEC. 1022. RESTATEMENT IN TITLE 10, UNITED STATES 

19 CODE, AND REVISION OF DEPARTMENT OF 

20 DEFENSE AUTHORITY TO PROVIDE SUPPORT 

21 FOR COUNTER-DRUG ACTIVITIES OF CERTAIN 

22 FOREIGN GOVERNMENTS. 

23 (a) RESTATEMENT AND REVISIONOF AUTHORITY.— 

24 Chapter 18 of title 10, United States Code, is amended by 


sroberts on PROD1PC70 with BILLS
374 

•HR 5122 RH 

1 inserting after section 383, as added by section 1021, a new 

2 section 384 consisting of— 

3 (1) a heading as follows: 

4 ‘‘§ 384. Support for counter-drug activities: foreign 

5 governments’’; and 

6 (2) a text consisting of the text of section 1033 

7 of the National Defense Authorization Act for Fiscal 

8 Year 1998 (Public Law 105–85; 111 Stat. 1881), re9 vised as follows: 

10 (A) In subsection (a)(2)— 

11 (i) by deleting the first sentence; and 

12 (ii) by replacing ‘‘the governments’’ 

13 with ‘‘those governments’’. 

14 (B) In subsection (b), by adding at the end 

15 the following new paragraphs: 

16 ‘‘(10) The Government of Azerbaijan. 

17 ‘‘(11) The Government of Kazakhstan. 

18 ‘‘(12) The Government of Kyrgyzstan. 

19 ‘‘(13) The Government of Guatemala. 

20 ‘‘(14) The Government of Belize. 

21 ‘‘(15) The Government of Panama.’’. 

22 (C) In subsection (c), by replacing para23 graphs (1), (2), and (3) with the following new 

24 paragraphs: 


sroberts on PROD1PC70 with BILLS
375 

•HR 5122 RH 

1 ‘‘(1) The transfer of nonlethal protective and 

2 utility personnel equipment. 

3 ‘‘(2) The transfer of the following nonlethal spe4 cialized equipment: 

5 ‘‘(A) Navigation equipment. 

6 ‘‘(B) Secure and nonsecure communications 

7 equipment. 

8 ‘‘(C) Photo equipment. 

9 ‘‘(D) Radar equipment. 

10 ‘‘(E) Night vision systems. 

11 ‘‘(3) The transfer of nonlethal components, acces12 sories, attachments, parts (including ground support 

13 equipment), firmware, and software and repair 

14 equipment related to the equipment specified in para15 graph (2). 

16 ‘‘(4) The transfer of patrol boats, vehicles, and 

17 aircraft and detection, interception, monitoring and 

18 testing equipment. 

19 ‘‘(5) The maintenance and repair or upgrade of 

20 equipment of the government that is used for counter21 drug activities. 

22 ‘‘(6) For fiscal years 2007 and 2008, for the 

23 Government of Afghanistan only, individual and 

24 crew-served weapons of 50 caliber or less and ammuVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00375 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
376 

•HR 5122 RH 

1 nition for such weapons for counter-narcotics security 

2 forces.’’. 

3 (D) In subsection (d), by replacing ‘‘the 

4 provisions of section 1004 of the National De5 fense Authorization Act for Fiscal Year 1991 

6 (Public Law 101–510; 10 U.S.C. 374 note)’’ with 

7 ‘‘section 383 of this title’’. 

8 (E) By replacing subsection (e) with the fol9 lowing new subsection (e): 

10 ‘‘(e) LIMITATIONON OBLIGATIONS.—Amounts made 

11 available to carry out this section shall remain available 

12 until expended, except that the total amount obligated and 

13 expended under this section may not exceed $40,000,000 

14 during fiscal year 2006 or $60,000,000 during fiscal year 

15 2007 or fiscal year 2008.’’. 

16 (F) In subsection (f), by replacing para17 graphs (3) and (4) with the following new para18 graph: 

19 ‘‘(3) For purposes of this subsection and subsection (h), 

20 the term ‘congressional committees’ means the following: 

21 ‘‘(A) The Committee on Armed Services, the 

22 Committee on Appropriations, and the Committee on 

23 Foreign Relations of the Senate. 

24 ‘‘(B) The Committee on Armed Services, the 

25 Committee on Appropriations, and the Committee on 


sroberts on PROD1PC70 with BILLS
377 

•HR 5122 RH 

1 International Relations of the House of Representa2 tives.’’. 

3 (G) In subsection (g)(1), by replacing 

4 ‘‘United States Armed Forces’’ with ‘‘armed 

5 forces’’. 

6 (H) In subsection (h)— 

7 (i) in the first sentence, by replacing 

8 ‘‘prepare for fiscal year 2004 (and revise as 

9 necessary for subsequent fiscal years) a 

10 counter-drug plan’’ with ‘‘submit to the con11 gressional committees not later than Decem12 ber 31 of each fiscal year a counter-drug 

13 plan for the next fiscal year’’; and 

14 (ii) by adding at the end the following 

15 new paragraph:. 

16 ‘‘(10) A copy of the certification required by sub17 section (f)(1) with respect to the government.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections at 

19 the beginning of such chapter is amended by inserting after 

20 the item relating to section 383, as added by section 1021, 

21 the following new item: 

‘‘384. Support for counter-drug activities: foreign governments.’’. 

22 (c) REPEAL OF FISCAL YEAR 1998 AUTHORITY.—Sec23 tion 1033 of the National Defense Authorization Act for Fis24 cal Year 1998 (Public Law 105–85; 111 Stat. 1881) is re25 pealed. 


sroberts on PROD1PC70 with BILLS
378 

•HR 5122 RH 

1 SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNI2 FIED COUNTERDRUG AND 

3 COUNTERTERRORISM CAMPAIGN IN COLOM4 BIA. 

5 Section 1021 of the Ronald W. Reagan National De6 fense Authorization Act for Fiscal Year 2005 (Public Law 

7 108–375; 118 Stat. 2042) is amended— 

8 (1) in subsection (a)(1), by striking ‘‘and 2006’’ 

9 and inserting ‘‘through 2008’’; and 

10 (2) in subsection (c), by striking ‘‘and 2006’’ 

11 and inserting ‘‘through 2008’’. 

12 SEC. 1024. CONTINUATION OF REPORTING REQUIREMENT 

13 REGARDING DEPARTMENT OF DEFENSE EX14 PENDITURES TO SUPPORT FOREIGN 

15 COUNTER-DRUG ACTIVITIES. 

16 (a) ADDITIONAL REPORT REQUIRED.—Section 1022 of 

17 the Floyd D. Spence National Defense Authorization Act 

18 for Fiscal Year 2001 (as enacted into law by Public Law 

19 106–398; 114 Stat. 1654A–255), as amended by section 

20 1022 of the National Defense Authorization Act for Fiscal 

21 Year 2002 (Public Law 107–107; 115 Stat. 1215) and sec22 tion 1021 of the National Defense Authorization Act for Fis23 cal Year 2006 (Public Law 109–163; 119 Stat. 3426), is 

24 further amended by inserting ‘‘and February 15, 2007,’’ 

25 after ‘‘April 15, 2006,’’. 


sroberts on PROD1PC70 with BILLS
379 

•HR 5122 RH 

1 (b) FORM OF REPORT AND ADDITIONAL INFORMATION

2 REQUIRED.—Such section is further amended— 

3 (1) in the first sentence, by inserting ‘‘, in both 

4 classified and unclassified form,’’ after ‘‘report’’; and 

5 (2) in paragraph (2), by inserting before the pe6 riod at the end the following: ‘‘and the amount of 

7 funds provided for each type of counter-drug activity 

8 assisted’’. 

9 SEC. 1025. REPORT ON INTERAGENCY COUNTER-NAR10 COTICS PLAN FOR AFGHANISTAN AND SOUTH 

11 AND CENTRAL ASIAN REGIONS. 

12 (a) REPORT REQUIRED.—Not later than December 31, 

13 2006, the Secretary of Defense shall submit to the congres14 sional defense committees a report updating the interagency 

15 counter-narcotics implementation plan for Afghanistan and 

16 the South and Central Asian regions, including 

17 Turkmenistan, Uzbekistan, Tajikistan, Kyrgyzstan, 

18 Kazakhstan, Iran, Azerbaijan, Pakistan, India, and China, 

19 originally prepared pursuant to section 1033 of the Na20 tional Defense Authorization Act for Fiscal Year 1998 (Pub21 lic Law 105–85; 111 Stat. 1881). 

22 (b) CONSULTATION.—The report under this section 

23 shall be prepared in consultation with the Secretary of 

24 State, the Administrator of the Agency for International 


sroberts on PROD1PC70 with BILLS
380 

•HR 5122 RH 

1 Development, and the Director of the Drug Enforcement Ad2 ministration. 

3 (c) MATTERS TO BE INCLUDED.—The report shall in4 clude the following for each foreign government covered by 

5 the report: 

6 (1) A consideration of what activities should be 

7 reallocated among the United States and the foreign 

8 government based on the capabilities of each depart9 ment and agency involved. 

10 (2) Any measures necessary to clarify the legal 

11 authority required to complete the mission and the 

12 measures necessary for the United States to success13 fully complete its counter-narcotics efforts in Afghani14 stan and the South and Central Asian regions. 

15 (3) Current and proposed United States funding 

16 to support counter-narcotics activities of the foreign 

17 government. 

18 Subtitle D—Other Matters 

19 SEC. 1031. REVISION TO AUTHORITIES RELATING TO COM20 MISSION ON THE IMPLEMENTATION OF THE 

21 NEW STRATEGIC POSTURE OF THE UNITED 

22 STATES. 

23 Section 1051 of the National Defense Authorization 

24 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

25 3431) is amended— 


sroberts on PROD1PC70 with BILLS
381 

•HR 5122 RH 

1 (1) in subsections (b)(1)(E) and (b)(2)(B), by 

2 striking ‘‘though 2008’’ and inserting ‘‘through 2025’’; 

3 (2) in subsection (c)(1), by striking ‘‘Not later 

4 than June 30, 2007’’ and inserting ‘‘Not later than 

5 18 months after the date of the Commission’s first 

6 meeting’’; and 

7 (3) in subsection (f), by striking ‘‘July 30, 2007’’ 

8 and inserting ‘‘60 days after the date of the submis9 sion of its report’’. 

10 SEC. 1032. ENHANCEMENT TO AUTHORITY TO PAY RE11 WARDS FOR ASSISTANCE IN COMBATING TER12 RORISM. 

13 (a) INCREASE IN DELEGATION LIMITATION.—Para14 graph (2) of section 127b(c) of title 10, United States Code, 

15 is amended by striking ‘‘$2,500’’ and inserting ‘‘$10,000’’. 

16 (b) EXPANSION OF SENIOR OFFICERS TO WHOM COM17 BATANT COMMANDER AUTHORITY MAY BE DELEGATED.— 

18 Such paragraph is further amended— 

19 (1) by inserting after ‘‘deputy commander’’ the 

20 following: ‘‘, or to the commander of a command di21 rectly subordinate to that commander,’’; and 

22 (2) by adding at the end the following new sen23 tence: ‘‘Such a delegation may be made to the com24 mander of a command directly subordinate to the 

25 commander of a combatant command only with the 


sroberts on PROD1PC70 with BILLS
382 

•HR 5122 RH 

1 approval of the Secretary of Defense, the Deputy Sec2 retary of Defense, or an Under Secretary of Defense 

3 designated by the Secretary.’’. 

4 SEC. 1033. REPORT ON ASSESSMENT PROCESS OF CHAIR5 MAN OF THE JOINT CHIEFS OF STAFF RELAT6 ING TO GLOBAL WAR ON TERRORISM. 

7 Not later than March 1, 2007, the Secretary of Defense 

8 shall submit to the Committee on Armed Services of the 

9 Senate and the Committee on Armed Services of the House 

10 of Representatives a report on the findings of the semi11 annual assessment process relating to the Global War on 

12 Terrorism that is described in the annex to the National 

13 Military Strategic Plan for the War on Terrorism, issued 

14 by the Secretary of Defense on February 1, 2006, that is 

15 designated as the Implementation and Assessment Annex 

16 (Annex R). 

17 SEC. 1034. PRESIDENTIAL REPORT ON IMPROVING INTER18 AGENCY SUPPORT FOR UNITED STATES 21ST 

19 CENTURY NATIONAL SECURITY MISSIONS. 

20 (a) REPORT REQUIRED.—Not later than February 1, 

21 2007, the President shall submit to Congress a report on 

22 building interagency capacity and enhancing the integra23 tion of civilian capabilities of the executive branch with the 

24 capabilities of the Armed Forces as required to achieve 

25 United States national security goals and objectives. To the 


sroberts on PROD1PC70 with BILLS
383 

•HR 5122 RH 

1 maximum extent practicable, the report shall be unclassi2 fied, with a classified annex if necessary. 

3 (b) REPORT ELEMENTS.—The report under subsection 

4 (a) shall include the following: 

5 (1) An assessment of the capabilities required 

6 within the executive branch (other than the Armed 

7 Forces) to achieve the full spectrum of United States 

8 national security goals and objectives, to defend 

9 United States national security interests, and, in 

10 particular, to coordinate with the efforts of elements 

11 of the Armed Forces where deployed, including at 

12 least in the following areas: 

13 (A) Organizations and organizational 

14 structure. 

15 (B) Planning and assessment capabilities. 

16 (C) Information sharing policies, practices, 

17 and systems. 

18 (D) Leadership issues, including command 

19 and control of forces and personnel in the field. 

20 (E) Personnel policies and systems, includ21 ing recruiting, retention, training, education, 

22 promotion, awards, employment, deployment, 

23 and retirement. 

24 (F) Acquisition authorities. 


sroberts on PROD1PC70 with BILLS
384 

•HR 5122 RH 

1 (2) The criteria and considerations used to 

2 evaluate progress in each of the areas specified in 

3 paragraph (1) towards building and integrating the 

4 interagency capacities required to achieve United 

5 States national security goals and objectives. 

6 (3) Recommendations for specific legislative pro7 posals that would improve interagency capacity and 

8 enhance the integration of civilian capabilities with 

9 the capabilities of deployed elements of the Armed 

10 Forces for each of the areas specified in paragraph 

11 (1). 

12 SEC. 1035. QUARTERLY REPORTS ON IMPLEMENTATION OF 

13 2006 QUADRENNIAL DEFENSE REVIEW RE14 PORT. 

15 (a) REPORTS REQUIRED.—Not later than 30 days 

16 after the end of each fiscal-year quarter, the Secretary of 

17 Defense shall submit to the Committee on Armed Services 

18 of the Senate and the Committee on Armed Services of the 

19 House of Representatives a report on the implementation 

20 of recommendations described in the Department of Defense 

21 2006 Quadrennial Defense Review Report. 

22 (b) CONTENTS OF REPORTS.—Each quarterly report 

23 under subsection (a) shall, at a minimum— 


sroberts on PROD1PC70 with BILLS
385 

•HR 5122 RH 

1 (1) describe the processes and procedures estab2 lished by the Secretary of Defense to examine the var3 ious recommendations referred to in subsection (a); 

4 (2) discuss implementation plans and strategies 

5 for each area highlighted by the Quadrennial Defense 

6 Review Report; 

7 (3) provide relevant information about the status 

8 of such implementation; and 

9 (4) indicate changes in the Secretary’s assess10 ment of the defense strategies or capabilities required 

11 since the publication of the 2006 Quadrennial Defense 

12 Review Report. 

13 (c) INITIAL REPORT.—The first report under sub14 section (a) shall be submitted not later than January 31, 

15 2007. 

16 (d) EXPIRATIONOF REQUIREMENT.—The reporting re17 quirement in subsection (a) shall terminate upon the earlier 

18 of the following: 

19 (1) The date of the publication of the next Quad20 rennial Defense Review Report after the date of the 

21 enactment of this Act pursuant to section 118 of title 

22 10, United States Code. 

23 (2) The date of transmission of a written notifi24 cation by the Secretary of Defense to the Committee 

25 on Armed Services of the Senate and the Committee 


sroberts on PROD1PC70 with BILLS
386 

•HR 5122 RH 

1 on Armed Services of the House of Representatives 

2 that implementation of the recommendations of the 

3 2006 Quadrennial Defense Review is complete. 

4 SEC. 1036. INCREASED HUNTING AND FISHING OPPORTUNI5 TIES FOR MEMBERS OF THE ARMED FORCES, 

6 RETIRED MEMBERS, AND DISABLED VET7 ERANS. 

8 (a) ACCESS FOR MEMBERS, RETIRED MEMBERS, AND

9 DISABLED VETERANS.—Consistent with section 2671 of 

10 title 10, United States Code, and using such funds as are 

11 made available for this purpose, the Secretary of Defense 

12 shall ensure that members of the Armed Forces, retired 

13 members, disabled veterans, and persons assisting disabled 

14 veterans are able to utilize lands under the jurisdiction of 

15 the Department of Defense that are available for hunting 

16 or fishing. 

17 (b) ASSESSMENT.—Not later than 180 days after the 

18 date of the enactment of this Act, the Secretary shall submit 

19 to Congress a report containing the results of an assessment 

20 of those lands under the jurisdiction of the Department of 

21 Defense and suitable for hunting or fishing and describing 

22 the actions necessary— 

23 (1) to further increase the acreage made avail24 able to members of the Armed Forces, retired memVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
387 

•HR 5122 RH 

1 bers, disabled veterans, and persons assisting disabled 

2 veterans for hunting and fishing; and 

3 (2) to make that acreage more accessible to dis4 abled veterans. 

5 (c) RECREATIONAL ACTIVITIES ON SANTA ROSA IS6 LAND.—The Secretary of the Interior shall immediately 

7 cease the plan, approved in the settlement agreement for 

8 case number 96–7412 WJR and case number 97–4098 

9 WJR, to exterminate the deer and elk on Santa Rosa Is10 land, Channel Islands, California, by helicopter and shall 

11 not exterminate or nearly exterminate the deer and elk. 

12 SEC. 1037. TECHNICAL AND CLERICAL AMENDMENTS. 

13 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

14 United States Code, is amended as follows: 

15 (1) Section 1406(i)(3)(B)(vi) is amended by 

16 striking ‘‘Advisor for’’ and inserting ‘‘Advisor to’’. 

17 (2) Section 2105 is amended by striking by add18 ing a period at the end of the last sentence. 

19 (3) Section 2703(h) is amended by striking ‘‘sub20 section’’ in the first sentence and inserting ‘‘section’’. 

21 (b) TITLE 37, UNITED STATES CODE.—Title 37, 

22 United States Code, is amended as follows: 

23 (1) Section 210(c)(6) is amended by striking 

24 ‘‘Advisor for’’ and inserting ‘‘Advisor to’’. 


sroberts on PROD1PC70 with BILLS
388 

•HR 5122 RH 

1 (2) Section 308g(h) is amended by striking the 

2 second period at the end. 

3 (3) Section 308j is amended by striking sub4 section (g) and inserting the following new subsection: 

5 ‘‘(g) REPAYMENT.—A person who enters into an agree6 ment under this section and receives all or part of the bonus 

7 under the agreement, but who does not accept a commission 

8 or an appointment as an officer or does not commence to 

9 participate or does not satisfactorily participate in the Se10 lected Reserve for the total period of service specified in the 

11 agreement, shall be subject to the repayment provisions of 

12 section 303a(e) of this title.’’. 

13 (4) Section 414(c) is amended by striking ‘‘, or 

14 the Senior Enlisted Advisor for the Chairman of the 

15 Joint Chiefs of Staff’’ before the period at the end. 

16 (c) NATIONAL DEFENSE AUTHORIZATION ACT FOR

17 FISCAL YEAR 2006.—Effective as of January 6, 2006, and 

18 as if included therein as enacted, the National Defense Au19 thorization Act for Fiscal Year 2006 (Public Law 109–163) 

20 is amended as follows: 

21 (1) Section 608(b) (119 Stat. 3289) is amend22 ed— 

23 (A) in paragraph (1), by striking ‘‘the first 

24 sentence’’ and inserting ‘‘the second sentence’’; 

25 and 


sroberts on PROD1PC70 with BILLS
389 

•HR 5122 RH 

1 (B) in paragraph (2), by striking ‘‘the sec2 ond sentence’’ and inserting ‘‘the third sentence’’. 

3 (2) Section 683 (119 Stat. 3322) is amended— 

4 (A) in subsection (a)(3), by striking ‘‘sec5 tion 4873’’ and inserting ‘‘section 4837’’; 

6 (B) in subsetion (c)(3), by striking ‘‘section 

7 9873’’ and inserting ‘‘section 9837’’. 

8 (C) in subsection (b)(2)— 

9 (i) by striking ‘‘by striking the penul10 timate word.’’ and inserting ‘‘to read as fol11 lows:’’; and 

12 (ii) by adding at the end the following: 

‘‘6161. Settlement of accounts: remission or cancellation of indebtedness of members.’’. 

13 (3) Section 685(a) (119 Stat. 3325) is amended 

14 by striking ‘‘Advisor for’’ both places it appears and 

15 inserting ‘‘Advisor to’’. 

16 (4) Section 687(a)(2) (119 Stat. 3327) is amend17 ed by striking ‘‘subsection (a)’’ and inserting ‘‘sub18 section (e)’’. 

19 (5) Section 687(b)(15) (119 Stat. 3330) is 

20 amended— 

21 (A) by striking ‘‘Subsection (d)’’ and insert22 ing ‘‘Subsection (e)’’; and 


sroberts on PROD1PC70 with BILLS
390 

•HR 5122 RH 

1 (B) in the matter inserted by that section, 

2 by striking ‘‘(d) REPAYMENT.—’’ and inserting 

3 ‘‘(e) REPAYMENT.—’’. 

4 SEC. 1038. DATABASE OF EMERGENCY RESPONSE CAPABILI5 TIES. 

6 The Secretary of Defense shall ensure that a database 

7 of emergency response capabilities is maintained by the De8 partment of Defense that includes the following: 

9 (1) The types of capabilities that each State’s 

10 National Guard will likely provide in response to do11 mestic natural and manmade disasters, both to their 

12 home States and under State-to-State mutual assist13 ance agreements. 

14 (2) The types of capabilities that the Department 

15 of Defense will likely provide in order to fulfill De16 partment of Defense responsibilities to provide sup17 port under the National Response Plan’s 15 Emer18 gency Support Functions, as well as identification of 

19 the units that provide those capabilities. 

20 SEC. 1039. INFORMATION ON CERTAIN CRIMINAL INVES21 TIGATIONS AND PROSECUTIONS. 

22 (a) ANNUAL REPORT.—Subsection (c) of section 1093 

23 of the Ronald W. Reagan National Defense Authorization 

24 Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

25 2070) is amended— 


sroberts on PROD1PC70 with BILLS
391 

•HR 5122 RH 

1 (1) in paragraph (1)— 

2 (A) by inserting ‘‘, or any prosecution on 

3 account of,’’ after ‘‘Notice of any investigation 

4 into’’; and 

5 (B) by inserting before the period at the end 

6 the following: ‘‘, and, as to any such criminal 

7 investigation or prosecution described in this 

8 paragraph, a detailed and comprehensive de9 scription of such investigation or prosecution 

10 and any resulting judicial or nonjudicial pun11 ishment or other disciplinary action’’; and 

12 (2) by adding at the end the following new para13 graph: 

14 ‘‘(3) Information about any officer nominated 

15 for command, or nominated for promotion or ap16 pointment to a position requiring the advice and con17 sent of the Senate, who has been subject to any inves18 tigation into, or prosecution of, a violation of inter19 national obligations or laws of the United States re20 garding the treatment of individuals detained by the 

21 United States Armed Forces or by a person providing 

22 services to the Department of Defense on a contrac23 tual basis, if the inclusion of such information in the 

24 report will not compromise any ongoing criminal or 


sroberts on PROD1PC70 with BILLS
392 

•HR 5122 RH 

1 administrative investigation or prosecution, and in2 cluding the following: 

3 ‘‘(A) A description of any allegation of de4 tainee death, torture or abuse. 

5 ‘‘(B) The status of any investigation or 

6 prosecution. 

7 ‘‘(C) Any judicial or nonjudicial punish8 ment or other disciplinary action.’’. 

9 (b) NOMINATION INFORMATION.—Such section is fur10 ther amended by adding at the end the following new sub11 section: 

12 ‘‘(f) NOMINATIONS.—Information described in para13 graph (3) of subsection (c), in addition to being included 

14 in the annual report under that subsection, shall be sub15 mitted to the Committee of Armed Services of the Senate 

16 and the Committee on Armed Services of the House of Rep17 resentatives on a regular, timely basis in advance of any 

18 nomination described in that paragraph.’’. 

19 SEC. 1040. DATE FOR FINAL REPORT OF EMP COMMISSION. 

20 (a) REVISED DEADLINE FOR SUBMISSIONOF FINAL

21 REPORT.—The final report of the EMP Commission shall 

22 be submitted to Congress not later than the end of the 18- 

23 month period beginning on the date of the commission’s 

24 first meeting after being reestablished pursuant to section 

25 1052 of the National Defense Authorization Act for Fiscal 


sroberts on PROD1PC70 with BILLS
393 

•HR 5122 RH 

1 Year 2006 (Public Law 109–163; 119 Stat. 3434) (rather 

2 than the date prescribed in section 1403(a) of the 

3 Commisssion Charter). 

4 (b) DEFINITIONS.—For purposes of this section: 

5 (1) EMP COMMISSION.—The term ‘‘EMP Com6 mission’’ means the Commission to Assess the Threat 

7 to the United States from Electromagnetic Pulse 

8 (EMP) Attack Commission, established pursuant to 

9 title XIV of the Floyd D. Spence National Defense 

10 Authorization Act for Fiscal Year 2001 (as enacted 

11 into law by Public Law 106–398; 114 Stat. 1654A12 345 et seq.) and reestablished pursuant to section 

13 1052 of the National Defense Authorization Act for 

14 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

15 3434). 

16 (2) COMMISSIONCHARTER.—The term ‘‘Commis17 sion charter’’ means title XIV of the Floyd D. Spence 

18 National Defense Authorization Act for Fiscal Year 

19 2001 (as enacted into law by Public Law 106–398; 

20 114 Stat. 1654A-345 et seq.), as amended by section 

21 1052 of the National Defense Authorization Act for 

22 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

23 3434). 


sroberts on PROD1PC70 with BILLS
394 

•HR 5122 RH 

1 TITLE XI—CIVILIAN PERSONNEL 

2 MATTERS 

Sec. 1101. Increase in authorized number of defense intelligence senior executive 

service employees. 

Sec. 1102. Authority for Department of Defense to pay full replacement value for 

personal property claims of civilians. 

Sec. 1103. Accrual of annual leave for members of the uniformed services performing dual employment. 

Sec. 1104. Death gratuity authorized for Federal employees. 

3 SEC. 1101. INCREASE IN AUTHORIZED NUMBER OF DE4 FENSE INTELLIGENCE SENIOR EXECUTIVE 

5 SERVICE EMPLOYEES. 

6 Section 1606(a) of title 10, United States Code, is 

7 amended by striking ‘‘594’’ and inserting ‘‘644’’. 

8 SEC. 1102. AUTHORITY FOR DEPARTMENT OF DEFENSE TO 

9 PAY FULL REPLACEMENT VALUE FOR PER10 SONAL PROPERTY CLAIMS OF CIVILIANS. 

11 Section 2636a(a) of title 10, United States Code, is 

12 amended by striking ‘‘of baggage and household effects for 

13 members of the armed forces at Government expense’’ and 

14 inserting ‘‘at Government expense of baggage and household 

15 effects for members of the armed forces or civilian employees 

16 of the Department of Defense (or both)’’. 

17 SEC. 1103. ACCRUAL OF ANNUAL LEAVE FOR MEMBERS OF 

18 THE UNIFORMED SERVICES PERFORMING 

19 DUAL EMPLOYMENT. 

20 Section 5534a of title 5, United States Code, is amend21 ed by adding at the end the following new sentence: ‘‘Such 

22 a member also is entitled to accrue annual leave with pay 


sroberts on PROD1PC70 with BILLS
395 

•HR 5122 RH 

1 in the manner specified in section 6303(a) of this title for 

2 a retired member of a uniformed service.’’. 

3 SEC. 1104. DEATH GRATUITY AUTHORIZED FOR FEDERAL 

4 EMPLOYEES. 

5 (a) DEATH GRATUITY AUTHORIZED.—Chapter 81 of 

6 title 5, United States Code, is amended by inserting after 

7 section 8102 the following new section: 

8 ‘‘§ 8102a. Death gratuity 

9 ‘‘(a) DEATH GRATUITY AUTHORIZED.—The United 

10 States shall pay a death gratuity of $100,000 to or for the 

11 survivor prescribed by subsection (d) immediately upon re12 ceiving official notification of the death of an employee who 

13 dies of injuries incurred in connection with the employee’s 

14 service with an Armed Force in a contingency operation, 

15 or who dies of injuries incurred in connection with a ter16 rorist incident occurring during the employee’s service with 

17 an Armed Force. 

18 ‘‘(b) RETROACTIVE PAYMENT IN CERTAIN CASES.— 

19 With respect to an employee who dies on or after October 

20 7, 2001, as a result of wounds, injuries, or illnesses incurred 

21 in the performance of duty in the theater of operations of 

22 Operation Enduring Freedom or Operation Iraqi Freedom, 

23 subsection (a) also shall apply. 


sroberts on PROD1PC70 with BILLS
396 

•HR 5122 RH 

1 ‘‘(c) OTHER BENEFITS.—The death gratuity payable 

2 under this section is in addition to any death benefits other3 wise provided for in law. 

4 ‘‘(d) ELIGIBLE SURVIVORS.— 

5 ‘‘(1) A death gratuity payable upon the death of 

6 a person covered by subsection (a) shall be paid to or 

7 for the living survivor highest on the following list: 

8 ‘‘(A) The employee’s surviving spouse. 

9 ‘‘(B) The employee’s children, as prescribed 

10 by paragraph (2), in equal shares. 

11 ‘‘(C) If designated by the employee, any one 

12 or more of the following persons: 

13 ‘‘(i) The employee’s parents or persons 

14 in loco parentis, as prescribed by paragraph 

15 (3). 

16 ‘‘(ii) The employee’s brothers. 

17 ‘‘(iii) The employee’s sisters. 

18 ‘‘(D) The employee’s parents or persons in 

19 loco parentis, as prescribed by paragraph (3), in 

20 equal shares. 

21 ‘‘(E) The employee’s brothers and sisters in 

22 equal shares. 

23 Subparagraphs (C) and (E) of this paragraph include 

24 brothers and sisters of the half blood and those 

25 through adoption. 


sroberts on PROD1PC70 with BILLS
397 

•HR 5122 RH 

1 ‘‘(2) Paragraph (1)(B) applies, without regard 

2 to age or marital status, to— 

3 ‘‘(A) legitimate children; 

4 ‘‘(B) adopted children; 

5 ‘‘(C) stepchildren who were a part of the de6 cedent’s household at the time of death; 

7 ‘‘(D) illegitimate children of a female dece8 dent; and 

9 ‘‘(E) illegitimate children of a male dece10 dent— 

11 ‘‘(i) who have been acknowledged in 

12 writing signed by the decedent; 

13 ‘‘(ii) who have been judicially deter14 mined, before the decedent’s death, to be his 

15 children; 

16 ‘‘(iii) who have been otherwise proved, 

17 by evidence satisfactory to the employing 

18 agency, to be children of the decedent; or 

19 ‘‘(iv) to whose support the decedent had 

20 been judicially ordered to contribute. 

21 ‘‘(3) Subparagraphs (C) and (D) of paragraph 

22 (1), so far as they apply to parents and persons in 

23 loco parentis, include fathers and mothers through 

24 adoption, and persons who stood in loco parentis to 

25 the decedent for a period of not less than one year at 


sroberts on PROD1PC70 with BILLS
398 

•HR 5122 RH 

1 any time before the decedent became an employee. 

2 However, only one father and one mother, or their 

3 counterparts in loco parentis, may be recognized in 

4 any case, and preference shall be given to those who 

5 exercised a parental relationship on the date, or most 

6 nearly before the date, on which the decedent became 

7 an employee. 

8 ‘‘(4) If an eligible survivor dies before he receives 

9 the death gratuity, it shall be paid to the living sur10 vivor next in the order prescribed by paragraph (1). 

11 ‘‘(e) DEFINITIONS.—The term ‘contingency operation’ 

12 has the meaning given to that term in section 1482a(c) of 

13 title 10, United States Code.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of chapter 81 of such title is amended by in16 serting after the item relating to section 8102 the following 

17 new item: 

‘‘8102a. Death gratuity.’’. 

18 TITLE XII—MATTERS RELATING 

19 TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

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

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

to lend certain military equipment to foreign forces in Iraq and 

Afghanistan for personnel protection and survivability. 

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

humanitarian demining assistance. 

Sec. 1204. Enhancements to Regional Defense Combating Terrorism Fellowship 

Program. 

Sec. 1205. Capstone overseas field studies trips to People’s Republic of China and 

Republic of China on Taiwan. 


sroberts on PROD1PC70 with BILLS
399 

•HR 5122 RH 

Sec. 1206. Military educational exchanges between senior officers and officials of 

the United States and Taiwan. 

Subtitle B—Nonproliferation Matters and Countries of Concern 

Sec. 1211. Procurement restrictions against foreign persons that transfer certain 

defense articles and services to the People’s Republic of China. 

Subtitle C—Other Matters 

Sec. 1221. Execution of the President’s policy to make available to Taiwan diesel 

electric submarines. 

1 Subtitle A—Assistance and 

2 Training 

3 SEC. 1201. LOGISTIC SUPPORT FOR ALLIED FORCES PAR4 TICIPATING IN COMBINED OPERATIONS. 

5 (a) AUTHORITY.—Chapter 3 of title 10, United States 

6 Code, is amended by inserting after section 127b the fol7 lowing new section: 

8 ‘‘§ 127c. Allied forces participating in combined oper9 ations: authority to provide logistic sup10 port, supplies, and services 

11 ‘‘(a) AUTHORITY.—Subject to subsections (b) and (c), 

12 the Secretary of Defense may provide logistic support, sup13 plies, and services to allied forces participating in a com14 bined operation with the armed forces. Provision of such 

15 support, supplies, and services to the forces of an allied na16 tion may be made only with the concurrence of the Sec17 retary of State. 

18 ‘‘(b) LIMITATIONS.—The authority provided by sub19 section (a) may be used only— 


sroberts on PROD1PC70 with BILLS
400 

•HR 5122 RH 

1 ‘‘(1) in accordance with the Arms Export Con2 trol Act and other export control laws of the United 

3 States; and 

4 ‘‘(2) for a combined operation— 

5 ‘‘(A) that is carried out during active hos6 tilities or as part of a contingency operation or 

7 a noncombat operation (including an operation 

8 in support of the provision of humanitarian or 

9 foreign disaster assistance, a country stabiliza10 tion operation, or a peacekeeping operation 

11 under chapter VI or VII of the Charter of the 

12 United Nations); and 

13 ‘‘(B) in a case in which the Secretary of 

14 Defense determines that the allied forces to be 

15 provided logistic support, supplies, and services 

16 (i) are essential to the success of the combined 

17 operation, and (ii) would not be able to partici18 pate in the combined operation but for the provi19 sion of such logistic support, supplies, and serv20 ices by the Secretary. 

21 ‘‘(c) LIMITATIONON VALUE.—The value of logistic 

22 support, supplies, and services provided under this section 

23 in any fiscal year may not exceed $100,000,000. 


sroberts on PROD1PC70 with BILLS
401 

•HR 5122 RH 

1 ‘‘(d) DEFINITION.—In this section, the term ‘logistic 

2 support, supplies, and services’ has the meaning given that 

3 term in section 2350(1) of this title.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections at 

5 the beginning of such chapter is amended by inserting after 

6 the item relating to section 127b the following new item: 

‘‘127c. Allied forces participating in combined operations: authority to provide logistic support, supplies, and services.’’. 

7 SEC. 1202. TEMPORARY AUTHORITY TO USE ACQUISITION 

8 AND CROSS-SERVICING AGREEMENTS TO 

9 LEND CERTAIN MILITARY EQUIPMENT TO 

10 FOREIGN FORCES IN IRAQ AND AFGHANI11 STAN FOR PERSONNEL PROTECTION AND 

12 SURVIVABILITY. 

13 (a) AUTHORITY.— 

14 (1) INGENERAL.—Subject to paragraphs (2), 

15 (3), and (4), the Secretary of Defense may treat cov16 ered military equipment as logistic support, supplies, 

17 and services under subchapter I of chapter 138 of title 

18 10, United States Code, for the purpose of providing 

19 for the use of such equipment by military forces of a 

20 nation participating in combined operations with the 

21 United States in Iraq or Afghanistan. 

22 (2) REQUIRED DETERMINATIONS.—Equipment 

23 may be provided to the military forces of a nation 

24 under the authority of this section only upon— 


sroberts on PROD1PC70 with BILLS
402 

•HR 5122 RH 

1 (A) a determination by the Secretary of De2 fense that the United States forces in the com3 bined operation have no unfilled requirements 

4 for that equipment; and 

5 (B) a determination by the Secretary of De6 fense, with the concurrence of the Secretary of 

7 State, that it is in the national security interest 

8 of the United States to provide for the use of 

9 such equipment by the military forces of that na10 tion under this section. 

11 (3) LIMITATIONONUSE OF EQUIPMENT.— 

12 Equipment provided to the military forces of a nation 

13 under the authority of this section may be used by 

14 those forces only in Iraq or Afghanistan and only for 

15 personnel protection or to aid in the personnel surviv16 ability of those forces. 

17 (4) LIMITATIONONDURATIONOF PROVISIONOF

18 EQUIPMENT.—Equipment provided to the military 

19 forces of a nation under the authority of this section 

20 may be used by the military forces of that nation for 

21 not longer than one year. 

22 (b) SEMIANNUAL REPORTS TO CONGRESSIONAL COM23 MITTEES.— 

24 (1) USE OF AUTHORITY DURING FIRST SIX

25 MONTHS OF FISCAL YEAR.—If the authority provided 


sroberts on PROD1PC70 with BILLS
403 

•HR 5122 RH 

1 in subsection (a) is exercised during the first six 

2 months of a fiscal year, the Secretary of Defense shall 

3 submit to the specified congressional committees a re4 port on that exercise of such authority not later than 

5 the following April 30. 

6 (2) USE OF AUTHORITY DURING SECOND SIX

7 MONTHS OF FISCAL YEAR.—If the authority provided 

8 in subsection (a) is exercised during the second six 

9 months of a fiscal year, the Secretary of Defense shall 

10 submit to the specified congressional committees a re11 port on that exercise of such authority not later than 

12 the following October 30. 

13 (3) CONTENT.—Each report under paragraph 

14 (1) or (2) shall include, with respect to each exercise 

15 of the authority provided in subsection (a) during the 

16 period covered by the report, the following: 

17 (A) A description of the basis for the deter18 mination of the Secretary of Defense that it is in 

19 the national security interests of the United 

20 States to provide for the use of covered military 

21 equipment in the manner authorized in sub22 section (a). 

23 (B) Identification of each foreign force that 

24 receives such equipment. 


sroberts on PROD1PC70 with BILLS
404 

•HR 5122 RH 

1 (C) A description of the type, quantity, and 

2 value of the equipment provided to each foreign 

3 force that receives such equipment. 

4 (D) A description of the terms and duration 

5 of the provision of the equipment to each foreign 

6 force that receives such equipment. 

7 (4) COORDINATION.—Each report under para8 graph (1) or (2) shall be prepared in coordination 

9 with the Secretary of State. 

10 (c) LIMITATIONS ON PROVISIONOF MILITARY EQUIP11 MENT.—The provision of military equipment under this 

12 section is subject to the provisions of the Arms Export Con13 trol Act (22 U.S.C. 2751 et seq.) and of any other export 

14 control process under laws relating to the transfer of mili15 tary equipment and technology to foreign nations. 

16 (d) DEFINITIONS.—In this section: 

17 (1) The term ‘‘covered military equipment’’ 

18 means items designated as significant military equip19 ment in categories I, II, III, and VII of the United 

20 States Munitions List under section 38(a)(1) of the 

21 Arms Export Control Act (22 U.S.C. 2778(a)(1)). 

22 (2) The term ‘‘specified congressional commit23 tees’’ means— 


sroberts on PROD1PC70 with BILLS
405 

•HR 5122 RH 

1 (A) the Committee on Armed Services and 

2 the Committee on Foreign Relations of the Sen3 ate; and 

4 (B) the Committee on Armed Services and 

5 the Committee on International Relations of the 

6 House of Representatives. 

7 (e) EXPIRATION.—The authority to provide military 

8 equipment to the military forces of a foreign nation under 

9 this section expires on September 30, 2008. 

10 SEC. 1203. RECODIFICATION AND REVISION TO LAW RELAT11 ING TO DEPARTMENT OF DEFENSE HUMANI12 TARIAN DEMINING ASSISTANCE. 

13 (a) REPEAL.—Section 401 of title 10, United States 

14 Code, is amended— 

15 (1) in subsection (a), by striking paragraph (4); 

16 (2) in subsection (b)— 

17 (A) by striking ‘‘(1)’’ after ‘‘(b)’’; and 

18 (B) by striking paragraph (2); 

19 (3) in subsection (c), by striking paragraphs (2) 

20 and (3); and 

21 (4) in subsection (e), by striking paragraph (5). 

22 (b) RECODIFICATIONAND REVISION.— 

23 (1) INGENERAL.—Chapter 20 of such title is 

24 amended by adding at the end the following new sec25 tion: 


sroberts on PROD1PC70 with BILLS
406 

•HR 5122 RH 

1 ‘‘§ 407. Humanitarian demining assistance: authority; 

2 limitations 

3 ‘‘(a) AUTHORITY.—(1) Under regulations prescribed 

4 by the Secretary of Defense, the Secretary of a military de5 partment may carry out humanitarian demining assist6 ance in conjunction with authorized military operations of 

7 the armed forces in a country if the Secretary concerned 

8 determines that the assistance will promote either— 

9 ‘‘(A) the security interests of both the United 

10 States and the country in which the activities are to 

11 be carried out; or 

12 ‘‘(B) the specific operational readiness skills of 

13 the members of the armed forces who participate in 

14 the activities. 

15 ‘‘(2) Humanitarian demining assistance under this 

16 section shall complement, and may not duplicate, any other 

17 form of social or economic assistance which may be pro18 vided to the country concerned by any other department 

19 or agency of the United States. 

20 ‘‘(3) The Secretary of Defense shall ensure that no 

21 member of the armed forces, while providing humanitarian 

22 demining assistance under this section— 

23 ‘‘(A) engages in the physical detection, lifting, or 

24 destroying of landmines or other explosive remnants 

25 of war (unless the member does so for the concurrent 


sroberts on PROD1PC70 with BILLS
407 

•HR 5122 RH 

1 purpose of supporting a United States military oper2 ation); or 

3 ‘‘(B) provides such assistance as part of a mili4 tary operation that does not involve the armed forces. 

5 ‘‘(b) LIMITATIONS.—(1) Humanitarian demining as6 sistance may not be provided under this section unless the 

7 Secretary of State specifically approves the provision of 

8 such assistance. 

9 ‘‘(2) Any authority provided under any other provi10 sion of law to provide humanitarian demining assistance 

11 to a foreign country shall be carried out in accordance with, 

12 and subject to, the limitations prescribed in this section. 

13 ‘‘(c) EXPENSES.—(1) Expenses incurred as a direct re14 sult of providing humanitarian demining assistance under 

15 this section to a foreign country shall be paid for out of 

16 funds specifically appropriated for the purpose of the provi17 sion by the Department of Defense of overseas humani18 tarian assistance. 

19 ‘‘(2) Expenses covered by paragraph (1) include the 

20 following: 

21 ‘‘(A) Travel, transportation, and subsistence ex22 penses of Department of Defense personnel providing 

23 such assistance. 

24 ‘‘(B) The cost of any equipment, services, or sup25 plies acquired for the purpose of carrying out or supVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
408 

•HR 5122 RH 

1 porting humanitarian demining activities, including 

2 any nonlethal, individual, or small-team equipment 

3 or supplies for clearing landmines or other explosive 

4 remnants of war that are to be transferred or other5 wise furnished to a foreign country in furtherance of 

6 the provision of assistance under this section. 

7 ‘‘(3) The cost of equipment, services, and supplies pro8 vided in any fiscal year under this section may not exceed 

9 $10,000,000. 

10 ‘‘(d) ANNUAL REPORT.—The Secretary of Defense shall 

11 include in the annual report under section 401 of this title 

12 a separate discussion of activities carried out under this 

13 section during the preceding fiscal year, including— 

14 ‘‘(1) a list of the countries in which humani15 tarian demining assistance was carried out during 

16 the preceding fiscal year; and 

17 ‘‘(2) the amount expended in carrying out such 

18 assistance in each such country during the preceding 

19 fiscal year. 

20 ‘‘(e) HUMANITARIAN DEMINING ASSISTANCE DE21 FINED.—In this section, the term ‘humanitarian demining 

22 assistance’ means detection and clearance of landmines and 

23 other explosive remnants of war, including activities related 

24 to the furnishing of education, training, and technical asVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00408 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
409 

•HR 5122 RH 

1 sistance with respect to the detection and clearance of land2 mines and other explosive remnants of war.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such chapter is amended by 

5 adding at the end the following new item: 

‘‘407. Humanitarian demining assistance: authority; limitations.’’. 

6 SEC. 1204. ENHANCEMENTS TO REGIONAL DEFENSE COM7 BATING TERRORISM FELLOWSHIP PROGRAM. 

8 (a) AUTHORIZED PURPOSES.— Subsection (a) of sec9 tion 2249c of title 10, United States Code, is amended by 

10 striking ‘‘associated with’’ and all that follows and insert11 ing: ‘‘associated with the education and training of foreign 

12 military officers, ministry of defense officials, or security 

13 officials at military or civilian educational institutions, re14 gional centers, conferences, seminars, or other training pro15 grams conducted under the Regional Defense Combating 

16 Terrorism Fellowship Program. Costs for which payment 

17 may be made under this section include the costs of trans18 portation and travel and subsistence costs.’’. 

19 (b) ANNUAL LIMITATIONON AMOUNT OBLIGATED.— 

20 Subsection (b) of such section is amended by striking 

21 ‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’. 

22 (c) EXPENDITURES ACROSS FISCAL YEARS.—Such 

23 section is further amended by adding at the end the fol24 lowing new subsection: 


sroberts on PROD1PC70 with BILLS
410 

•HR 5122 RH 

1 ‘‘(d) OBLIGATIONOF FUNDS ACROSS FISCAL YEARS.— 

2 Funds made available for a fiscal year may be obligated 

3 for the total cost of an education or training program con4 ducted under subsection (a) that begins in that fiscal year, 

5 including a program that begins in that fiscal year and 

6 ends in the next fiscal year, so long as the duration of the 

7 program does not exceed one year.’’. 

8 (d) CLERICAL AMENDMENTS.— 

9 (1) REFERENCE TO PROGRAM.—Subsection 

10 (c)(3) of such section is amended by striking ‘‘Re11 gional Defense Counterterrorism Fellowship Pro12 gram’’ and inserting ‘‘program referred to in sub13 section (a)’’ 

14 (2) SECTIONHEADING.—The heading of such sec15 tion is amended to read as follows: 

16 ‘‘§ 2249c. Regional Defense Combating Terrorism Fel17 lowship Program: authority to use appro18 priated funds for costs associated with 

19 education and training of foreign offi20 cials’’. 

21 (3) TABLE OF SECTIONS.—The item relating to 

22 such section in the table of sections at the beginning 

23 of subchapter I of chapter 134 of such title is amend24 ed to read as follows 

‘‘2249c. Regional Defense Combating Terrorism Fellowship Program: authority to 

use appropriated funds for costs associated with education and 

training of foreign officials.’’. 


sroberts on PROD1PC70 with BILLS
411 

•HR 5122 RH 

1 SEC. 1205. CAPSTONE OVERSEAS FIELD STUDIES TRIPS TO 

2 PEOPLE’S REPUBLIC OF CHINA AND REPUB3 LIC OF CHINA ON TAIWAN. 

4 Section 2153 of title 10, United States Code, is amend5 ed by adding at the end of the following new subsection: 

6 ‘‘(c) OVERSEAS FIELD STUDIES TO CHINA AND TAI7 WAN.—The Secretary of Defense shall direct the National 

8 Defense University to ensure that visits to China and Tai9 wan are an integral part of the field study programs con10 ducted by the university as part of the military education 

11 course carried out pursuant to subsection (a) and that such 

12 field study programs include annually at least one class 

13 field study trip to the People’s Republic of China and at 

14 least one class field study trip to the Republic of China on 

15 Taiwan.’’. 

16 SEC. 1206. MILITARY EDUCATIONAL EXCHANGES BETWEEN 

17 SENIOR OFFICERS AND OFFICIALS OF THE 

18 UNITED STATES AND TAIWAN. 

19 (a) DEFENSE EXCHANGES.—The Secretary of Defense 

20 shall undertake a program of senior military officer and 

21 senior official exchanges with Taiwan designed to improve 

22 Taiwan’s defenses against the People’s Liberation Army of 

23 the People’s Republic of China. 

24 (b) EXCHANGES DESCRIBED.—For purposes of this 

25 section, the term ‘‘exchange’’ means an activity, exercise, 

26 event, or observation opportunity between Armed Forces 


sroberts on PROD1PC70 with BILLS
412 

•HR 5122 RH 

1 personnel or Department of Defense officials of the United 

2 States and armed forces personnel and officials of Taiwan. 

3 (c) FOCUS OF EXCHANGES.—The senior military offi4 cer and senior official exchanges undertaken pursuant to 

5 subsection (a) shall include exchanges focused on the fol6 lowing, especially as they relate to defending Taiwan 

7 against potential submarine attack and potential missile 

8 attack: 

9 (1) Threat analysis 

10 (2) Military doctrine 

11 (3) Force planning 

12 (4) Logistical support 

13 (5) Intelligence collection and analysis 

14 (6) Operational tactics, techniques, and proce15 dures. 

16 (d) CIVIL-MILITARY AFFAIRS.—The senior military of17 ficer and senior official exchanges undertaken pursuant to 

18 subsection (a) shall include activities and exercises focused 

19 on civil-military relations, including parliamentary rela20 tions. 

21 (e) LOCATIONOF EXCHANGES.—The senior military 

22 officer and senior official exchanges undertaken pursuant 

23 to subsection (a) shall be conducted in both the United 

24 States and Taiwan. 

25 (f) DEFINITIONS.—For purposes of this section: 


sroberts on PROD1PC70 with BILLS
413 

•HR 5122 RH 

1 (1) The term ‘‘senior military officer’’ means a 

2 general or flag officer of the Armed Forces on active 

3 duty. 

4 (2) The term ‘‘senior official’’ means a civilian 

5 official of the Department of Defense at the level of 

6 Deputy Assistant Secretary or above. 

7 Subtitle B—Nonproliferation 

8 Matters and Countries of Concern 

9 SEC. 1211. PROCUREMENT RESTRICTIONS AGAINST FOR10 EIGN PERSONS THAT TRANSFER CERTAIN DE11 FENSE ARTICLES AND SERVICES TO THE PEO12 PLE’S REPUBLIC OF CHINA. 

13 (a) DECLARATIONOF POLICY.—Congress declares that 

14 it is the policy of the United States to deny the People’s 

15 Republic of China such defense goods and defense technology 

16 that could be used to threaten the United States or under17 mine the security of Taiwan or the stability of the Western 

18 Pacific region. 

19 (b) PROCUREMENT SANCTION.—(1) The Secretary of 

20 Defense may not procure, by contract or otherwise, any 

21 goods or services from— 

22 (A) any foreign person the Secretary of Defense 

23 determines has, with actual knowledge, on or after the 

24 date of the enactment of this Act, exported, trans25 ferred, or otherwise provided to governmental or nonVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00413 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
414 

•HR 5122 RH 

1 governmental entities of the People’s Republic of 

2 China any item or class of items on the United States 

3 Munitions List (or any item or class of items that are 

4 identical, substantially identical, or directly competi5 tive to an item or class of items on the United States 

6 Munitions List); or 

7 (B) any foreign person the Secretary of De8 fense determines— 

9 (i) is a successor entity to a person re10 ferred to in paragraph (1): 

11 (ii) is a parent or subsidiary of a per12 son referred to in paragraph (1); or 

13 (iii) is an affiliate of a person referred 

14 to in paragraph (1) if that affiliate is con15 trolled in fact by such person. 

16 (2) The prohibition under paragraph (1) with 

17 respect to a foreign person shall last for a period of 

18 five years after a determination is made by the Sec19 retary of Defense with respect to that person under 

20 paragraph (1)(A). 

21 (c) PUBLIC AVAILABILITY OF LIST OF SANCTIONED

22 PERSONS.—(1) The Secretary of Defense shall annually 

23 publish in the Federal Register a current list of any foreign 

24 persons sanctioned under subsection (b). The removal of forVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
415 

•HR 5122 RH 

1 eign persons from, and the addition of foreign persons to, 

2 the list shall also be published. 

3 (2) The Secretary shall maintain the list pub4 lished under paragraph (1) on the internet website of 

5 the Department of Defense. 

6 (c) REMOVAL FROM LIST OF SANCTIONED PERSONS.— 

7 The Secretary of Defense may remove a person from the 

8 list of sanctioned persons referred to in subsection (c) only 

9 after the five-year prohibition period imposed under sub10 section (b) with respect to the person has expired. 

11 (d) EXCEPTIONS.—(1) Subsection (b) shall not apply 

12 (A) to contracts, or subcontracts under such 

13 contracts, in existence on the date of the enact14 ment of this Act, including options under such 

15 contracts; 

16 (B) if the Secretary of Defense determines 

17 in writing that the person to which the sanctions 

18 would otherwise be applied is a sole source sup19 plier of the goods or services being procured, that 

20 the goods or services are essential, and that alter21 native sources are not readily or reasonably 

22 available; 

23 (C) in the case of a contract for routine 

24 servicing and maintenance, if the Secretary of 

25 Defense determines in writing alternative sources 


sroberts on PROD1PC70 with BILLS
416 

•HR 5122 RH 

1 for performing the contract are not readily or 

2 reasonably available; or 

3 (D) if the Secretary of Defense determines 

4 in writing that goods or services proposed to be 

5 procured under the contract are essential to the 

6 national security of the United States. 

7 (2) Determinations under paragraph (1) shall be 

8 published in the Federal Register. 

9 (f) DEFINITIONS.—In this section: 

10 (1) The term ‘‘foreign person’’ has the meaning 

11 given the term in section 14 of the Iran and Libya 

12 Sanctions Act of 1996 (50 U.S.C. 1701 note). 

13 (2) The term ‘‘United States Munitions List’’ 

14 means the list referred to in section 38(a)(1) of the 

15 Arms Export Control Act (22 U.S.C. 2778 (a)(1)). 

16 Subtitle C—Other Matters 

17 SEC. 1221. EXECUTION OF THE PRESIDENT’S POLICY TO 

18 MAKE AVAILABLE TO TAIWAN DIESEL ELEC19 TRIC SUBMARINES. 

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

21 (1) It is the policy of the United States under 

22 the Taiwan Relations Act of 1979 to ‘‘make available 

23 to Taiwan such defense articles and defense services 

24 in such quantity as may be necessary to enable Tai25 wan to maintain a sufficient self-defense capability’’. 


sroberts on PROD1PC70 with BILLS
417 

•HR 5122 RH 

1 (2) In April 2001, the President of the United 

2 States approved for sale eight diesel electric sub3 marines to the Republic of China on Taiwan. 

4 (3) The buildup of attack submarines by the Peo5 ple’s Republic of China threatens the stability in the 

6 Taiwan Strait and longstanding United States na7 tional security interests in the Western Pacific. 

8 (4) Taiwan has a legitimate defense need for die9 sel electric submarines. 

10 (5) The sale of diesel electric submarines to Tai11 wan supports stability in the Taiwan Strait and 

12 Western Pacific. 

13 (6) The Legislative Yuan of the Republic of 

14 China on Taiwan should make every effort to support 

15 the President of Taiwan to fund the acquisition of 

16 diesel electric submarines from the United States. 

17 (7) The sale of diesel electric submarines to Tai18 wan is beneficial to the health and wellbeing of the 

19 United States shipbuilding industrial base and, there20 fore, United States national security. 

21 (b) POLICY OF THE UNITED STATES.—It shall be the 

22 policy of the United States to make available to Taiwan 

23 plans and options for design work and construction work 

24 on future diesel electric submarines under the United States 

25 foreign military sales process. The availability of such deVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
418 

•HR 5122 RH 

1 sign work and construction work shall be made in a manner 

2 consistent with United States national disclosure policy 

3 and is subject to the provisions of the Arms Export Control 

4 Act (22 U.S.C. 2751 et seq.) and any other export control 

5 law of the United States. 

6 (c) REPORT.—Not later than 30 days after the date 

7 of the enactment of this Act, the Secretary of Defense shall 

8 submit to the congressional defense committees a report on 

9 the present and future efforts of the Department of the Navy 

10 to execute the policy of the President to sell diesel electric 

11 submarines to the Republic of China on Taiwan. The report 

12 shall include the following: 

13 (1) Ongoing activities by the Navy International 

14 Programs Office, in consultation with the Defense Se15 curity and Cooperation Agency, to make the Govern16 ment of Taiwan aware of available Foreign Military 

17 Sales options. 

18 (2) Future activities planned by the Navy Inter19 national Programs Office, in consultation with the 

20 Defense Security and Cooperation Agency, to make 

21 the Government of Taiwan aware of available Foreign 

22 Military Sales options to acquire diesel electric sub23 marines from the United States. 

24 (d) DEFINITIONS.—In this section: 


sroberts on PROD1PC70 with BILLS
419 

•HR 5122 RH 

1 (1) The term ‘‘design work’’ means the process by 

2 which a submarine is designed. 

3 (2) The term ‘‘construction work’’ means the 

4 process by which a submarine is constructed. 

5 (3) The term ‘‘activities’’ means all interactions 

6 between the Government of the United States and the 

7 Government of Taiwan. 

8 TITLE XIII—COOPERATIVE 

9 THREAT REDUCTION WITH 

10 STATES OF THE FORMER SO11 VIET UNION 

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

Sec. 1302. Funding allocations. 

Sec. 1303. Temporary authority to waive limitation on funding for chemical 

weapons destruction facility in Russia. 

Sec. 1304. National Academy of Sciences study. 

12 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE13 DUCTION PROGRAMS AND FUNDS. 

14 (a) SPECIFICATIONOF CTR PROGRAMS.—For pur15 poses of section 301 and other provisions of this Act, Coop16 erative Threat Reduction programs are the programs speci17 fied in section 1501(b) of the National Defense Authoriza18 tion Act for Fiscal Year 1997 (Public Law 104–201; 110 

19 Stat. 2731; 50 U.S.C. 2362 note). 

20 (b) FISCAL YEAR 2007 COOPERATIVE THREAT REDUC21 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis22 cal year 2007 Cooperative Threat Reduction funds’’ means 

23 the funds appropriated pursuant to the authorization of apVerDate Aug 31 2005 22:09 May 06, 2006 Jkt 049200 PO 00000 Frm 00419 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
420 

•HR 5122 RH 

1 propriations in section 301 for Cooperative Threat Reduc2 tion programs. 

3 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

4 pursuant to the authorization of appropriations in section 

5 301 for Cooperative Threat Reduction programs shall be 

6 available for obligation for three fiscal years. 

7 SEC. 1302. FUNDING ALLOCATIONS. 

8 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

9 $372,128,000 authorized to be appropriated to the Depart10 ment of Defense for fiscal year 2007 in section 301(19) for 

11 Cooperative Threat Reduction programs, the following 

12 amount may be obligated for the purposes specified: 

13 (1) For strategic offensive arms elimination in 

14 Russia, $76,985,000. 

15 (2) For nuclear weapons storage security in Rus16 sia, $87,100,000. 

17 (3) For nuclear weapons transportation security 

18 in Russia, $33,000,000. 

19 (4) For weapons of mass destruction prolifera20 tion prevention in the states of the former Soviet 

21 Union, $37,486,000. 

22 (5) For biological weapons proliferation preven23 tion in the former Soviet Union, $68,357,000. 

24 (6) For chemical weapons destruction in Russia, 

25 $42,700,000. 


sroberts on PROD1PC70 with BILLS
421 

•HR 5122 RH 

1 (7) For defense and military contacts, 

2 $8,000,000. 

3 (8) For activities designated as Other Assess4 ments/Administrative Support, $18,500,000. 

5 (b) REPORT ON OBLIGATIONOR EXPENDITURE OF

6 FUNDS FOR OTHER PURPOSES.—No fiscal year 2007 Coop7 erative Threat Reduction funds may be obligated or ex8 pended for a purpose other than a purpose listed in para9 graphs (1) through (8) of subsection (a) until 30 days after 

10 the date that the Secretary of Defense submits to Congress 

11 a report on the purpose for which the funds will be obligated 

12 or expended and the amount of funds to be obligated or ex13 pended. Nothing in the preceding sentence shall be construed 

14 as authorizing the obligation or expenditure of fiscal year 

15 2007 Cooperative Threat Reduction funds for a purpose for 

16 which the obligation or expenditure of such funds is specifi17 cally prohibited under this title or any other provision of 

18 law. 

19 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

20 AMOUNTS.— 

21 (1) INGENERAL.—Subject to paragraphs (2) and 

22 (3), in any case in which the Secretary of Defense de23 termines that it is necessary to do so in the national 

24 interest, the Secretary may obligate amounts appro25 priated for fiscal year 2007 for a purpose listed in 


sroberts on PROD1PC70 with BILLS
422 

•HR 5122 RH 

1 any of the paragraphs in subsection (a) in excess of 

2 the specific amount authorized for that purpose. 

3 (2) NOTICE-AND-WAIT REQUIRED.—An obligation 

4 of funds for a purpose stated in any of the para5 graphs in subsection (a) in excess of the specific 

6 amount authorized for such purpose may be made 

7 using the authority provided in paragraph (1) only 

8 after— 

9 (A) the Secretary submits to Congress noti10 fication of the intent to do so together with a 

11 complete discussion of the justification for doing 

12 so; and 

13 (B) 15 days have elapsed following the date 

14 of the notification. 

15 (3) RESTRICTION.—The Secretary may not, 

16 under the authority provided in paragraph (1), obli17 gate amounts for a purpose stated in any of para18 graphs (6) through (8) of subsection (a) in excess of 

19 125 percent of the specific amount authorized for such 

20 purpose. 

21 SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION 

22 ON FUNDING FOR CHEMICAL WEAPONS DE23 STRUCTION FACILITY IN RUSSIA. 

24 Section 1303 of the Ronald W. Reagan National De25 fense Authorization Act for Fiscal Year 2005 (Public Law 


sroberts on PROD1PC70 with BILLS
423 

•HR 5122 RH 

1 108–375; 118 Stat. 2094; 22 U.S.C. 5952 note) is amend2 ed— 

3 (1) in subsection (b), by striking ‘‘shall expire on 

4 December 31, 2006, and no waiver shall remain in ef5 fect after that date’’ and inserting ‘‘shall expire upon 

6 completion of the Chemical Weapons Destruction Fa7 cility currently under construction at Shchuch’ye in 

8 the Russian Federation, and no waiver shall remain 

9 in effect after that date’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(c) REPORT.—Not later than 30 days after comple13 tion of the facility referred to in subsection (b), the Sec14 retary of Defense shall submit to Congress a written notifi15 cation that specifies the date of completion.’’. 

16 SEC. 1304. NATIONAL ACADEMY OF SCIENCES STUDY. 

17 (a) STUDY REQUIRED.—The Secretary of Defense shall 

18 enter into an arrangement with the National Academy of 

19 Sciences under which the Academy shall carry out a study 

20 to analyze lessons learned, past and present challenges, and 

21 possible options in effectively managing and facilitating 

22 threat reduction and nonproliferation projects under the 

23 Cooperative Threat Reduction program. The study shall 

24 cover all existing Cooperative Threat Reduction projects for 

25 securing or eliminating nuclear, chemical, and biological 


sroberts on PROD1PC70 with BILLS
424 

•HR 5122 RH 

1 weapons and related systems in the states of the former So2 viet Union. 

3 (b) REPORT.—Not later than December 31, 2007, the 

4 Secretary shall submit to Committee on Armed Services of 

5 the Senate and the Committee on Armed Services of the 

6 House of Representatives a report on the study carried out 

7 under subsection (a). The report shall include a review and 

8 evaluation of each of the following matters: 

9 (1) Project management. 

10 (2) Interagency interaction concerning threat re11 duction and nonproliferation projects of other Federal 

12 departments or agencies. 

13 (3) Public outreach and community involvement. 

14 (4) Cooperation of Russia and of other states of 

15 the former Soviet Union (including site access, visa 

16 approval, and contractor support). 

17 (5) Legal frameworks. 

18 (6) Transparency. 

19 (7) Adequacy of funding from the United States 

20 and any Cooperative Threat Reduction program part21 ner. 

22 (8) Interaction with threat reduction and non23 proliferation projects of Global Partnership countries. 

24 (c) FUNDING.—Of the amounts made available pursu25 ant to the authorization of appropriations in section 


sroberts on PROD1PC70 with BILLS
425 

•HR 5122 RH 

1 301(19) for Cooperative Threat Reduction programs, not 

2 more than $2,000,000 shall be available only to carry out 

3 this section. 

4 TITLE XIV—HOMELAND DE5 FENSE TECHNOLOGY TRANS6 FER 

Sec. 1401. Short title. 

Sec. 1402. Findings. 

Sec. 1403. Creation of Homeland Defense Technology Transfer Consortium. 

7 SEC. 1401. SHORT TITLE. 

8 This title may be cited as the ‘‘Homeland Defense 

9 Technology Transfer Act of 2006’’. 

10 SEC. 1402. FINDINGS. 

11 Congress finds the following: 

12 (1) The Federal Government funds billions of 

13 dollars for research each year that has the potential 

14 to meet the needs of Federal, State, and local first re15 sponders, yet examples of successful technology transi16 tions are few and far between. 

17 (2) Congress has made repeated efforts to author18 ize the Department of Defense to effectively transfer 

19 its technologies to Federal, State, and local first re20 sponders. However, while progress has been made in 

21 implementing these authorities, this process can be 

22 significantly improved. 

23 (3) Although the Department of Defense Strategy 

24 for Homeland Defense and Civil Support calls for acVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00425 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
426 

•HR 5122 RH 

1 tive participation in an interagency process that im2 proves interoperability and compatibility with public 

3 safety technologies and initiatives, greater participa4 tion is needed to ensure that all technologies used by 

5 the Department of Defense in their homeland defense 

6 mission are interoperable and compatible with stand7 ards being developed for public safety technologies. 

8 (4) Even when technologies with promise have 

9 been identified, additional research and development 

10 efforts are needed to adapt these technologies into 

11 readily available, affordable products. No program 

12 with a sense of urgency to quickly produce results ex13 ists to bridge this gap. 

14 (5) Tragedies such as Hurricanes Katrina and 

15 Rita demonstrate the need for prompt, decisive action 

16 by Congress to solve a problem that has eluded at17 tempts by the Department of Defense to solve. 

18 (6) Legislation is needed to codify the process for 

19 effectively moving and adapting needed technologies 

20 from the Department of Defense to Federal, State, 

21 and local first responders so that the lives of the 

22 American public and emergency responders are pro23 tected to the maximum extent possible. 


sroberts on PROD1PC70 with BILLS
427 

•HR 5122 RH 

1 SEC. 1403. CREATION OF HOMELAND DEFENSE TECH2 NOLOGY TRANSFER CONSORTIUM. 

3 (a) AUTHORIZATIONOF CONSORTIUM.—In order to 

4 improve the speed and effectiveness of identifying, evalu5 ating, deploying, and transferring to Federal, State, and 

6 local first responders technology items and equipment in 

7 support of homeland security as required by section 1401 

8 of the Bob Stump National Defense Authorization Act for 

9 Fiscal Year 2003 (Public Law 107–314; 50 U.S.C. 2312 

10 note) and work towards interoperability and compatibility 

11 of inter-agency homeland defense and security technologies, 

12 it is urgent that the technology adaptation and transfer 

13 process be consistent within the Department of Defense. To14 wards that end, the Secretary of Defense is authorized to 

15 create a Homeland Defense Technology Transfer Consor16 tium. 

17 (b) COMPOSITIONOF CONSORTIUM.—To contribute to 

18 the rapid development and adoption of new technologies 

19 needed to ensure the safety of the United States public and 

20 the welfare of emergency service providers, the Homeland 

21 Defense Technology Transfer Consortium shall be composed 

22 of— 

23 (1) organizations and entities working with the 

24 Department of Defense; 

25 (2) Federal, State, and local first responders; 

26 and 


sroberts on PROD1PC70 with BILLS
428 

•HR 5122 RH 

1 (3) other relevant Federal agencies with estab2 lished expertise in identifying, assessing, testing, eval3 uating, and training emergency response and other 

4 public safety entities. 

5 (c) AUTHORITIES OF CONSORTIUM.— 

6 (1) PROCESS IMPROVEMENTS.—The Homeland 

7 Defense Technology Transfer Consortium shall sys8 tematize— 

9 (A) the process for the identification, assess10 ment, adaptation, and transition of defense tech11 nologies that have the potential to enhance public 

12 safety and improve homeland security, thereby 

13 assisting the Department of Defense in meeting 

14 its statutory obligation to identify, evaluate, de15 ploy, and transfer to Federal, State, and local 

16 first responders technology items and equipment 

17 of homeland security; and 

18 (B) the process of coordinating and acting 

19 as liaison on behalf of the Department of Defense 

20 with other Federal agencies as appropriate to 

21 collect and prioritize Federal, State, and local 

22 first responder technology requirements already 

23 gathered by those entities. 

24 (2) FUNDING RECOMMENDATIONS.—The Consor25 tium shall submit recommendations to the Secretary 


sroberts on PROD1PC70 with BILLS
429 

•HR 5122 RH 

1 of Defense for funding for the development, adapta2 tion, test and evaluation, or other needed activities for 

3 any technology identified under paragraph (1) with 

4 a high potential to benefit Federal, State, and local 

5 first responders. 

6 (3) TECHNOLOGY INTEGRATION.—The Consor7 tium may assist in the integration of new technologies 

8 into appropriate first responder training exercises to 

9 maximize their rapid adoption as well as dissemi10 nating best practices in the profession. 

11 (4) INTEROPERABILITY AND COMPATIBILITY.— 

12 The Consortium, under the direction of the Secretary 

13 of Defense, shall act as liaison with relevant Federal 

14 agencies, as well as Federal, State, and local first re15 sponders where appropriate, to work towards ensur16 ing that technologies used by the Department of De17 fense in its homeland defense mission are interoper18 able and compatible with standards being developed 

19 for technologies used by Federal, State, and local first 

20 responders. 

21 (d) ANNUAL REPORT OF THE CONSORTIUM.—The 

22 Homeland Defense Technology Transfer Consortium shall 

23 submit to the President and Congress an annual report on 

24 its activities. Each report shall include, at a minimum— 


sroberts on PROD1PC70 with BILLS
430 

•HR 5122 RH 

1 (1) a listing of specific Department of Defense 

2 and related technologies it has identified that appear 

3 to meet needs of Federal, State, and local first re4 sponders; 

5 (2) the results of any tests and evaluations con6 ducted on particular technologies, except that no com7 pany proprietary information may be disclosed in the 

8 report; 

9 (3) a listing of any recommendations the Consor10 tium has made to the Department of Defense that de11 velopmental, adaptive, test and evaluation, or other 

12 funding be provided related to the development and 

13 deployment of technologies identified by the Consor14 tium of particular interest for meeting the needs of 

15 emergency response providers; 

16 (4) a listing of any technology development ac17 tivities undertaken under the authorities of subsection 

18 (c); 

19 (5) a listing of any technologies that have been 

20 subsequently used by Federal, State, and local first 

21 responders as a result of activities of the Consortium; 

22 and 

23 (6) any recommendations determined appro24 priate by the Consortium on barriers to the prompt 


sroberts on PROD1PC70 with BILLS
431 

•HR 5122 RH 

1 deployment of technologies needed by Federal, State, 

2 and local first responders. 

3 (e) ANNUAL REPORT BY THE SECRETARY OF DE4 FENSE.—The Secretary of Defense shall submit to the Presi5 dent and Congress an annual report on activities the De6 partment of Defense has taken to identify, test and evaluate, 

7 or develop technologies with application to Federal, State, 

8 and local first responders. Each report shall include, at a 

9 minimum, a description of the activities the Department 

10 of Defense has taken pursuant to recommendations of the 

11 Homeland Defense Technology Transfer Consortium, in12 cluding activities to fund development or testing and eval13 uation of technologies created under programs of the De14 partment. 

15 (f) AUTHORIZATIONOF APPROPRIATIONS.—There is 

16 authorized to be appropriated $2,500,000 for the Depart17 ment of Defense Office of Homeland Defense to fund the ac18 tivities of the Homeland Defense Technology Transfer Con19 sortium in each of fiscal years 2007 and 2008, for carrying 

20 out the duties of the Consortium under this section. 


sroberts on PROD1PC70 with BILLS
432 

•HR 5122 RH 

1 TITLE XV—AUTHORIZATION FOR 

2 INCREASED COSTS DUE TO 

3 OPERATION IRAQI FREEDOM 

4 AND OPERATION ENDURING 

5 FREEDOM 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Defense-wide activities procurement. 

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

Sec. 1507. Operation and maintenance. 

Sec. 1508. Defense Health Program. 

Sec. 1509. Classified programs. 

Sec. 1510. Military personnel. 

Sec. 1511. Treatment as additional authorizations. 

Sec. 1512. Transfer authority. 

Sec. 1513. Availability of funds. 

6 SEC. 1501. PURPOSE. 

7 The purpose of this title is to authorize estimated fu8 ture 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. 1502. 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 procurement, $232,400,000. 

17 (2) For ammunition procurement, $328,341,000. 

18 (3) For weapons and tracked combat vehicles 

19 procurement, $1,029,672,000. 


sroberts on PROD1PC70 with BILLS
433 

•HR 5122 RH 

1 (4) For other procurement, $2,183,430,000. 

2 SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

3 (a) NAVY.—Funds are hereby authorized to be appro4 priated for fiscal year 2007 for procurement accounts for 

5 the Navy in amounts as follows: 

6 (1) For weapons procurement, $131,400,000. 

7 (2) For other procurement, $44,700,000. 

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

9 be appropriated for fiscal year 2007 for the procurement 

10 account for the Marine Corps in the amount of 

11 $636,125,000. 

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

13 are hereby authorized to be appropriated for fiscal year 

14 2007 for the procurement account for ammunition for the 

15 Navy and the Marine Corps in the amount of $143,150,000. 

16 SEC. 1504. AIR FORCE PROCUREMENT. 

17 Funds are hereby authorized to be appropriated for fis18 cal year 2007 for procurement accounts for the Air Force 

19 in amounts as follows: 

20 (1) For aircraft procurement, $201,550,000. 

21 (2) For missile procurement, $32,650,000. 

22 (3) For other procurement, $62,650,000. 


sroberts on PROD1PC70 with BILLS
434 

•HR 5122 RH 

1 SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

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

4 in the amount of $140,200,000. 

5 SEC. 1506. RESEARCH, DEVELOPMENT, TEST AND EVALUA6 TION. 

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, $25,500,000. 

11 (2) For Defense-wide activities, $5,000,000. 

12 (3) For the Air Force, $7,000,000. 

13 SEC. 1507. OPERATION AND MAINTENANCE. 

14 Funds are hereby authorized to be appropriated for fis15 cal year 2007 for the use of the Armed Forces for expenses, 

16 not otherwise provided for, for operation and maintenance, 

17 in amounts as follows: 

18 (1) For the Army, $22,396,986,000. 

19 (2) For the Navy, $1,834,560,000. 

20 (3) For the Marine Corps, $1,485,920,000. 

21 (4) For the Air Force, $2,822,998,000. 

22 (5) For Defense-wide activities, $3,377,402,000. 

23 (6) For the Army National Guard, $50,000,000. 

24 (7) For the Air National Guard, $15,400,000. 


sroberts on PROD1PC70 with BILLS
435 

•HR 5122 RH 

1 SEC. 1508. DEFENSE HEALTH PROGRAM. 

2 Funds are hereby authorized to be appropriated for the 

3 Department of Defense for fiscal year 2007 for expenses, not 

4 otherwise provided for, the Defense Health Program, in the 

5 amount of $950,200,000 for operation and maintenance. 

6 SEC. 1509. CLASSIFIED PROGRAMS. 

7 Funds are hereby authorized to be appropriated to the 

8 Department of Defense for fiscal year 2007 for Classified 

9 Programs, in the amount of $2,500,000,000. 

10 SEC. 1510. MILITARY PERSONNEL. 

11 There is hereby authorized to be appropriated to the 

12 Department of Defense for military personnel accounts for 

13 fiscal year 2007 a total of $9,362,766,000. 

14 SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

15 The amounts authorized to be appropriated by this 

16 title are in addition to amounts otherwise authorized to be 

17 appropriated by this Act. 

18 SEC. 1512. TRANSFER AUTHORITY. 

19 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

20 (1) AUTHORITY.—Upon determination by the 

21 Secretary of Defense that such action is necessary in 

22 the national interest, the Secretary may transfer 

23 amounts of authorizations made available to the De24 partment of Defense in this title for fiscal year 2007 

25 between any such authorizations for that fiscal year 

26 (or any subdivisions thereof). Amounts of authorizaVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00435 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
436 

•HR 5122 RH 

1 tions so transferred shall be merged with and be 

2 available for the same purposes as the authorization 

3 to which transferred. 

4 (2) LIMITATION.—The total amount of author5 izations that the Secretary may transfer under the 

6 authority of this section may not exceed 

7 $3,000,000,000. The transfer authority provided in 

8 this section is in addition to any other transfer au9 thority available to the Secretary of Defense. 

10 (b) LIMITATIONS.—The authority provided by this sec11 tion to transfer authorizations— 

12 (1) may only be used to provide authority for 

13 items that have a higher priority than the items from 

14 which authority is transferred; 

15 (2) may not be used to provide authority for an 

16 item that has been denied authorization by Congress; 

17 and 

18 (3) may not be combined with the authority 

19 under section 1001. 

20 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans21 fer made from one account to another under the authority 

22 of this section shall be deemed to increase the amount au23 thorized for the account to which the amount is transferred 

24 by an amount equal to the amount transferred. 


sroberts on PROD1PC70 with BILLS
437 

•HR 5122 RH 

1 (d) NOTICE TO CONGRESS.—A transfer may be made 

2 under the authority of this section only after the Secretary 

3 of Defense— 

4 (1) consults with the chairmen and ranking 

5 members of the congressional defense committees with 

6 respect to the proposed transfer; and 

7 (2) after such consultation, notifies those com8 mittees in writing of the proposed transfer not less 

9 than five days before the transfer is made. 

10 SEC. 1513. AVAILABILITY OF FUNDS. 

11 Funds in this title shall be made available for obliga12 tion to the Army, Navy, Marine Corps, Air Force, and De13 fense-wide components by the end of the second quarter of 

14 fiscal year 2007. 

15 DIVISION B—MILITARY CON16 STRUCTION AUTHORIZA17 TIONS 

18 SEC. 2001. SHORT TITLE. 

19 This division may be cited as the ‘‘Joel Hefley Mili20 tary Construction Authorization Act for Fiscal Year 2007’’. 

21 TITLE I—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. 


sroberts on PROD1PC70 with BILLS
438 

•HR 5122 RH 

1 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts ap4 propriated pursuant to the authorization of appropriations 

5 in section 2104(a)(1), the Secretary of the Army may ac6 quire real property and carry out military construction 

7 projects for the installations or locations inside the United 

8 States, and in the amounts, set forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama ............ Redstone Arsenal ...................................................... $4,300,000 

Alaska ............... Fort Richardson ....................................................... $70,656,000 

California ......... Fort Irwin ................................................................. $18,200,000 

Colorado ............ Fort Carson ............................................................... $30,800,000 

Georgia .............. Fort Gillem ............................................................... $15,000,000 

Fort Stewart/Hunter Army Air Field .................... $95,300,000 

Hawaii .............. Schofield Barracks .................................................... $54,500,000 

Kansas .............. Fort Leavenworth ..................................................... $23,200,000 

Fort Riley ................................................................. $37,200,000 

Kentucky ........... Blue Grass Army Depot ........................................... $3,500,000 

Fort Campbell ........................................................... $123,500,000 

Louisiana .......... Fort Polk ................................................................... $6,100,000 

Maryland .......... Fort Detrick .............................................................. $12,400,000 

Missouri ............ Fort Leonard Wood .................................................. $27,600,000 

New Jersey ........ Picatinny Arsenal .................................................... $9,900,000 

New York .......... Fort Drum ................................................................ $218,600,000 

North Carolina Fort Bragg ................................................................ $89,000,000 

Sunny Point Military Ocean Terminal ................. $46,000,000 

Oklahoma .......... McAlester Army Ammunition Plant ...................... $3,050,000 

Texas ................. Corpus Christi Army Depot .................................... $12,200,000 

Fort Bliss .................................................................. $8,200,000 

Fort Hood ................................................................. $93,000,000 

Utah .................. Dugway Proving Ground ........................................ $14,400,000 

Virginia ............ Fort Lee ..................................................................... $4,150,000 

Washington ....... Fort Lewis ................................................................. $502,600,000 

9 (b) OUTSIDE THE UNITED STATES.—Using amounts 

10 appropriated pursuant to the authorization of appropria11 tions in section 2104(a)(2), the Secretary of the Army may 

12 acquire real property and carry out military construction 

13 projects for the installations or locations outside the United 

14 States, and in the amounts, set forth in the following table: 


sroberts on PROD1PC70 with BILLS
439 

•HR 5122 RH 

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 

1 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap2 propriated pursuant to the authorization of appropriations 

3 in section 2104(a)(3), the Secretary of the Army may ac4 quire real property and carry out military construction 

5 projects for unspecified installations or locations in the 

6 amount set forth in the following table: 

Army: Unspecified Worldwide 

Location Installation or Location Amount 

Unspecified Worldwide .............................. $34,800,000 

7 SEC. 2102. FAMILY HOUSING. 

8 (a) CONSTRUCTION AND ACQUISITION.—Using 

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2104(a)(6)(A), the Secretary of the 

11 Army may construct or acquire family housing units (in12 cluding land acquisition and supporting facilities) at the 

13 installations or locations, in the number of units, and in 

14 the amounts set forth in the following table: 

Army: Family Housing 

State Installation or Location Units Amount 

Alaska ......................... Fort Richardson ................................ 162 ...... $70,000,000 

Fort Wainwright ............................... 234 ...... $132,000,000 

Arizona ....................... Fort Huachuca .................................. 119 ...... $32,000,000 

Arkansas ..................... Pine Bluff Arsensal .......................... 10 ........ $2,900,000 

Wisconsin ................... Fort McCoy ....................................... 13 ........ $4,900,000 


sroberts on PROD1PC70 with BILLS
440 

•HR 5122 RH 

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2104(a)(6)(A), the Secretary of the Army may carry 

4 out architectural and engineering services and construction 

5 design activities with respect to the construction or im6 provement of family housing units in an amount not to 

7 exceed $16,332,000. 

8 SEC. 2103. 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 2104(6)(5)(A), the Sec13 retary of the Army may improve existing military family 

14 housing units in an amount not to exceed $320,659,000. 

15 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

16 (a) AUTHORIZATIONOF APPROPRIATIONS.—Funds are 

17 hereby authorized to be appropriated for fiscal years begin18 ning after September 30, 2006, for military construction, 

19 land acquisition, and military family housing functions of 

20 the Department of the Army in the total amount of 

21 $3,389,046,000 as follows: 

22 (1) For military construction projects inside the 

23 United States authorized by section 2101(a), 

24 $1,217,356,000. 


sroberts on PROD1PC70 with BILLS
441 

•HR 5122 RH 

1 (2) For military construction projects outside the 

2 United States authorized by section 2101(b), 

3 $491,182,000. 

4 (3) For military construction projects at unspec5 ified worldwide locations authorized by section 

6 2101(c), $34,800,000. 

7 (4) For unspecified minor military construction 

8 projects authorized by section 2805 of title 10, United 

9 States Code, $23,930,000. 

10 (5) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $220,830,000. 

13 (6) For military family housing functions: 

14 (A) For construction and acquisition, plan15 ning and design, and improvement of military 

16 family housing and facilities, $578,791,000. 

17 (B) For support of military family housing 

18 (including the functions described in section 

19 2833 of title 10, United States Code), 

20 $674,657,000. 

21 (7) For the construction of increment 2 of a bar22 racks complex at Fort Drum, New York, authorized 

23 by section 2101(a) of the Military Construction Au24 thorization Act for Fiscal Year 2006 (division B of 

25 Public Law 109–163; 119 Stat. 3485), $16,500,000. 


sroberts on PROD1PC70 with BILLS
442 

•HR 5122 RH 

1 (8) For the construction of increment 2 of a bar2 racks complex for the 2nd Brigade at Fort Bragg, 

3 North Carolina, authorized by section 2101(a) of the 

4 Military Construction Authorization Act for Fiscal 

5 Year 2006 (division B of Public Law 109–163; 119 

6 Stat. 3485), $31,000,000. 

7 (9) For the construction of increment 2 of a bar8 racks complex for the 3nd Brigade at Fort Bragg, 

9 North Carolina, authorized by section 2101(a) of the 

10 Military Construction Authorization Act for Fiscal 

11 Year 2006 (division B of Public Law 109–163; 119 

12 Stat. 3485), $50,000,000. 

13 (10) For the construction of increment 2 of a 

14 barracks complex for divisional artillery at Fort 

15 Bragg, North Carolina, authorized by section 2101(a) 

16 of the Military Construction Authorization Act for 

17 Fiscal Year 2006 (division B of Public Law 109–163; 

18 119 Stat. 3485), $37,000,000. 

19 (11) For the construction of increment 2 of a de20 fense access road at Fort Belvoir, Virginia, authorized 

21 by section 2101(a) of the Military Construction Au22 thorization Act for Fiscal Year 2006 (division B of 

23 Public Law 109–163; 119 Stat. 3486), $13,000,000. 

24 (b) LIMITATIONON TOTAL COST OF CONSTRUCTION

25 PROJECTS.—Notwithstanding the cost variations authorVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
443 

•HR 5122 RH 

1 ized by section 2853 of title 10, United States Code, and 

2 any other cost variation authorized by law, the total cost 

3 of all projects carried out under section 2101 of this Act 

4 may not exceed the sum of the following: 

5 (1) The total amount authorized to be appro6 priated under paragraphs (1), (2), and (3) of sub7 section (a). 

8 (2) $306,000,000 (the balance of the amount au9 thorized under section 2101(a) for construction of a 

10 brigade complex for Fort Lewis, Washington). 

11 TITLE II—NAVY 

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

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

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

2005 projects. 

12 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

13 ACQUISITION PROJECTS. 

14 (a) INSIDE THE UNITED STATES.—Using amounts ap15 propriated pursuant to the authorization of appropriations 

16 in section 2204(a)(1), the Secretary of the Navy may ac17 quire real property and carry out military construction 

18 projects for the installations or locations inside the United 

19 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 Air Station, Miramar ..................... $2,968,000 

Marine Corps Base, Camp Pendleton ..................... $106,142,000 


sroberts on PROD1PC70 with BILLS
444 

•HR 5122 RH 

Navy: Inside the United States—Continued 

State Installation or Location Amount 

Marine Corps Base, Twentynine Palms ................. $27,217,000 

Naval Air Station, North Island ............................ $21,535,000 

Naval Support Activity, Monterey ......................... $7,380,000 

Connecticut ....... Naval Submarine Base, New London ..................... $9,580,000 

Florida .............. Naval Air Station, Pensacola .................................. $13,486,000 

Georgia .............. Marine Corps Logistics Base, Albany .................... $70,540,000 

Naval Submarine Base, Kings Bay ........................ $20,282,000 

Hawaii .............. Naval Base, Pearl Harbor ....................................... $48,338,000 

Naval Magazine, Pearl Harbor ............................... $6,010,000 

Indiana ............. Naval Support Activity, Crane ............................... $6,730,000 

Maryland .......... Naval Air Station, Patuxent River ........................ $16,316,000 

National Maritime Intelligence Center, Suitland .. $67,939,000 

North Carolina Marine Corps Air Station, Cherry Point ............... $2,790,000 

Marine Corps Air Station, New River ................... $21,500,000 

Marine Corps Base, Camp Lejeune ........................ $160,904,000 

South Carolina Marine Corps Air Station, Beaufort ...................... $25,575,000 

Virginia ............ Marine Corps Base, Quantico ................................. $30,628,000 

Naval Shipyard, Norfolk .......................................... $34,952,000 

Naval Station, Norfolk ............................................. $12,062,000 

Naval Support Activity, Norfolk ............................. $41,712,000 

Washington ....... Naval Base, Kitsap .................................................. $17,617,000 

Naval Air Station, Whidbey Island ........................ $67,303,000 

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 installations or locations 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 amounts ap8 propriated pursuant to the authorization of appropriations 

9 in section 2204(a)(3), the Secretary of the Navy may ac10 quire real property and carry out military construction 


sroberts on PROD1PC70 with BILLS
445 

•HR 5122 RH 

1 projects for unspecified installations or locations in the 

2 amount set forth in the following table: 

Navy: Unspecified Worldwide 

Location Project Amount 

Helicopter Support Facility ..................... $12,185,000 

3 SEC. 2202. FAMILY HOUSING. 

4 (a) CONSTRUCTION AND ACQUISITION.—Using 

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2204(a)(6)(A), the Secretary of the 

7 Navy may construct or acquire family housing units (in8 cluding land acquisition and supporting facilities) at the 

9 installations, in the number of units, and in the amounts 

10 set forth in the following table: 

Navy: Family Housing 

Location Installation Units Amount 

California ................... Marine Corps Log. Base, Barstow .. 74 ........ $27,851,000 

Guam .......................... Naval Station, Guam ....................... 176 ...... $98,174,000 

11 (b) PLANNING AND DESIGN.—Using amounts appro12 priated pursuant to the authorization of appropriations in 

13 section 2204(a)(6)(A), the Secretary of the Navy may carry 

14 out architectural and engineering services and construction 

15 design activities with respect to the construction or im16 provement of military family housing units in an amount 

17 not to exceed $2,785,000. 


sroberts on PROD1PC70 with BILLS
446 

•HR 5122 RH 

1 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States Code, 

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2204(a)(6)(A), the Sec6 retary of the Navy may improve existing military family 

7 housing units in an amount not to exceed $180,146,000. 

8 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

9 (a) AUTHORIZATIONOF APPROPRIATIONS.—Funds are 

10 hereby authorized to be appropriated for fiscal years begin11 ning after September 30, 2006, for military construction, 

12 land acquisition, and military family housing functions of 

13 the Department of the Navy in the total amount of 

14 $2,037,953,000, as follows: 

15 (1) For military construction projects inside the 

16 United States authorized by section 2201(a), 

17 $764,572,000,000. 

18 (2) For military construction projects outside the 

19 United States authorized by section 2201(b), 

20 $50,524,000. 

21 (3) For military construction projects at unspec22 ified worldwide locations authorized by section 

23 2201(c), $12,185,000. 

24 (4) For unspecified minor military construction 

25 projects authorized by section 2805 of title 10, United 

26 States Code, $8,939,000. 


sroberts on PROD1PC70 with BILLS
447 

•HR 5122 RH 

1 (5) For architectural and engineering services 

2 and construction design under section 2807 of title 

3 10, United States Code, $72,857,000. 

4 (6) For military family housing functions: 

5 (A) For construction and acquisition, plan6 ning and design, and improvement of military 

7 family housing and facilities, $308,956,000. 

8 (B) For support of military family housing 

9 (including functions described in section 2833 of 

10 title 10, United States Code), $509,126,000. 

11 (7) For the construction of increment 2 of a rec12 lamation and conveyance project for Marine Corps 

13 Base, Camp Pendleton, California, authorized by sec14 tion 2201(a) of the Military Construction Authoriza15 tion Act of Fiscal Year 2006 (division B of Public 

16 Law 109–163; 119 Stat. 3490), $33,290,000. 

17 (8) For the construction of increment 2 of a heli18 copter hangar replacement at Naval Air Station, 

19 Jacksonville, Florida, authorized by section 2201(a) of 

20 the Military Construction Authorization Act for Fis21 cal Year 2006 (division B of Public Law 109–163; 

22 119 Stat. 3489), $43,250,000. 

23 (9) For the construction of increment 2 of recruit 

24 training barracks infrastructure upgrades at Recruit 

25 Training Command, Great Lakes, Illinois, authorized 


sroberts on PROD1PC70 with BILLS
448 

•HR 5122 RH 

1 by section 2201(a) of the Military Construction Au2 thorization Act for Fiscal Year 2006 (division B of 

3 Public Law 109–163; 119 Stat. 3490), $23,589,000. 

4 (10) For the construction of increment 2 of a 

5 field house at the United States Naval Academy, An6 napolis, Maryland, authorized by section 2201(a) of 

7 the Military Construction Authorization Act of Fiscal 

8 Year 2006 (division B of Public Law 109–163; 119 

9 Stat. 3490), $21,685,000. 

10 (11) For the construction of increment 2 of the 

11 replacement of Ship Repair Pier 3 at Naval Station, 

12 Norfolk, Virginia, authorized by section 2201(a) of the 

13 Military Construction Authorization Act of Fiscal 

14 Year 2006 (division B of Public Law 109–163; 119 

15 Stat. 3490), $30,939,000. 

16 (12) For the construction of increment 2 of an 

17 addition to Hockmuth Hall, Marine Corps Base, 

18 Quantico, Virginia, authorized by section 2201(a) of 

19 the Military Construction Authorization Act of Fiscal 

20 Year 2006 (division B of Public Law 109–163; 119 

21 Stat. 3490), $10,159,000. 

22 (13) For the construction of increment 2 of 

23 wharf upgrades at Naval Station Guam, Marianas 

24 Islands, authorized by section 2201(b) of the Military 

25 Construction Authorization Act for Fiscal Year 2006 


sroberts on PROD1PC70 with BILLS
449 

•HR 5122 RH 

1 (division B of Public Law 109–163; 119 Stat. 3490), 

2 $29,772,000. 

3 (14) For the construction of increment 2 of 

4 wharf upgrades at Yokosuka, Japan, authorized by 

5 section 2201(b) of the Military Construction Author6 ization Act of Fiscal Year 2006 (division B of Public 

7 Law 109–163; 119 Stat. 3490), $44,360,000. 

8 (15) For the construction of increment 2 of bach9 elor quarters at Naval Station, Everett, Washington, 

10 authorized by section 2201(a) of the Military Con11 struction Authorization Act of Fiscal Year 2006 (divi12 sion B of Public Law 109–163; 119 Stat. 3490), 

13 $20,917,000. 

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. 2105), as 

20 amended by section 2206 of this Act, $14,274,000. 

21 (17) For the construction of the next increment 

22 of the outlaying landing field facilities at Washington 

23 County, North Carolina, authorized by section 

24 2201(a) of the Military Construction Authorization 

25 Act for Fiscal Year 2004 (division B of Public Law 


sroberts on PROD1PC70 with BILLS
450 

•HR 5122 RH 

1 108–136; 117 Stat. 1704), as amended by section 

2 2205(a) of this Act, $7,926,000. 

3 (18) For the construction of increment 4 of pier 

4 11 replacement at Naval Station, Norfolk, Virginia, 

5 authorized by section 2201(a) of the Military Con6 struction Authorization Act for Fiscal Year 2004 (di7 vision B of Public Law 108–136; 117 Stat. 1704), 

8 $30,633,000. 

9 (b) LIMITATIONON 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) $56,159,000 (the balance of the amount au19 thorized under section 2201(a) for construction of an 

20 addition to the National Maritime Intelligence Cen21 ter, Suitland, Maryland). 

22 (3) $31,153,000 (the balance of the amount au23 thorized under section 2201(a) to recapitalize Hangar 

24 5 at Naval Air Station, Whidbey Island, Wash25 ington). 


sroberts on PROD1PC70 with BILLS
451 

•HR 5122 RH 

1 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2004 AND 2005 

3 PROJECTS. 

4 (a) FISCAL YEAR 2004 INSIDE THE UNITED STATES

5 PROJECT.— 

6 (1) MODIFICATION.—The table in section 2201(a) 

7 of the Military Construction Authorization Act for 

8 Fiscal Year 2004 (division B of Public Law 108–136; 

9 117 Stat. 1704), as amended by section 2205 of the 

10 Military Construction Authorization Act for Fiscal 

11 Year 2006 (division B of Public Law 109–163; 119 

12 Stat. 3492), is amended— 

13 (A) at the end of the items relating to North 

14 Carolina, by inserting a new item entitled 

15 ‘‘Navy Outlying Landing Field, Washington 

16 County’’ in the amount of ‘‘$193,260,000’’; 

17 (B) by striking the item relating to Various 

18 Locations, CONUS; and 

19 (C) by striking the amount identified as the 

20 total in the amount column and inserting 

21 ‘‘$1,489,424,000’’. 

22 (2) CONFORMING AMENDMENTS.—Section 

23 2204(b)(6) of that Act (117 Stat. 1706) is amended— 

24 (A) by striking ‘‘$28,750,000’’ and inserting 

25 ‘‘$165,650,000’’; and 


sroberts on PROD1PC70 with BILLS
452 

•HR 5122 RH 

1 (B) by striking ‘‘outlying landing field fa2 cilities, various locations in the continental 

3 United States’’ and inserting ‘‘an outlying land4 ing field in Washington County, North Caro5 lina’’. 

6 (b) FISCAL YEAR 2005 INSIDE THE UNITED STATES

7 PROJECT.— 

8 (1) MODIFICATION.—The table in section 2201(a) 

9 of the Military Construction Authorization Act for 

10 Fiscal Year 2005 (division B of Public Law 108–375; 

11 118 Stat. 2105), as amended by section 2206 of the 

12 Military Construction Authorization Act for Fiscal 

13 Year 2006 (division B of Public Law 109–163; 119 

14 Stat. 3493), is amended— 

15 (A) by striking the item relating to Navy 

16 Outlying Landing Field, Washington County, 

17 North Carolina; and 

18 (B) by striking the amount identified as the 

19 total in the amount column and inserting 

20 ‘‘$825,479,000’’. 

21 (2) CONFORMING AMENDMENTS.—Section 2204 

22 of that Act (118 Stat. 2107), as amended by section 

23 2206 of the Military Construction Authorization Act 

24 for Fiscal Year 2006 (division B of Public Law 109– 

25 163; 119 Stat. 3493), is amended— 


sroberts on PROD1PC70 with BILLS
453 

•HR 5122 RH 

1 (A) in subsection (a)— 

2 (i) in paragraph (1), by striking 

3 ‘‘$752,927,000’’ and inserting 

4 ‘‘722,927,000’’; and 

5 (ii) by adding at the end the following 

6 new paragraph: 

7 ‘‘(10) For the construction of increment 2 of the 

8 Navy outlying landing field in Washington County, 

9 North Carolina, authorized by section 2201(a) of the 

10 Military Construction Authorization Act for Fiscal 

11 Year 2004 (division B of Public Law 108–136; 117 

12 Stat. 1704), as amended by section 2205(a) of the 

13 Military Construction Authorization Act for Fiscal 

14 Year 2007, $30,000,000.’’; and 

15 (B) in subsection (b), by striking paragraph 

16 (3). 

17 TITLE III—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. 

18 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

19 LAND ACQUISITION PROJECTS. 

20 (a) INSIDE THE UNITED STATES.—Using amounts ap21 propriated pursuant to the authorization of appropriations 

22 in section 2304(a)(1), the Secretary of the Air Force may 

23 acquire real property and carry out military construction 


sroberts on PROD1PC70 with BILLS
454 

•HR 5122 RH 

1 projects for the installations or locations inside the United 

2 States, and in the amounts, set forth in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ......................... Eielson Air Force Base ................................... $38,300,000 

Elmendorf Air Force Base ............................. $56,100,000 

Arizona ....................... Davis-Monthan Air Force Base ..................... $11,800,000 

Arkansas ..................... Little Rock Air Force Base ............................ $9,800,000 

California ................... Beale Air Force Base ...................................... $28,000,000 

Travis Air Force Base .................................... $73,900,000 

Colorado ..................... Buckley Air Force Base .................................. $10,700,000 

Peterson Air Force Base ................................. $4,900,000 

Schriever Air Force Base ............................... $21,000,000 

Delaware .................... Dover Air Force Base ..................................... $26,400,000 

Florida ....................... Eglin Air Force Base ...................................... $30,350,000 

Hurlburt Field ................................................ $32,950,000 

MacDill Air Force Base ................................. $71,000,000 

Tyndall Air Force Base .................................. $8,200,000 

Georgia ....................... Robins Air Force Base ................................... $45,600,000 

Hawaii ....................... Hickam Air Force Base .................................. $28,538,000 

Illinois ........................ Scott Air Force Base ...................................... $20,000,000 

Kansas ........................ McConnell Air Force Base .............................. $3,875,000 

Kentucky .................... Fort Knox ........................................................ $3,500,000 

Montana ..................... Malmstrom Air Force Base ............................ $5,700,000 

Nevada ........................ Indian Springs Auxiliary Field .................... $49,923,000 

New Jersey ................. McGuire Air Force Base ................................. $28,500,000 

Oklahoma ................... Altus Air Force Base ...................................... $1,500,000 

Tinker Air Force Base .................................... $5,700,000 

South Carolina .......... Shaw Air Force Base ...................................... $31,500,000 

South Dakota ............. Ellsworth Air Force Base ............................... $3,000,000 

Texas ........................... Fort Bliss ......................................................... $8,500,000 

Lackland Air Force Base ............................... $13,200,000 

Laughlin Air Force Base ................................ $12,600,000 

Sheppard Air Force Base ............................... $7,000,000 

Utah ............................ Hill Air Force Base ........................................ $53,400,000 

Virginia ...................... Langley Air Force Base .................................. $57,700,000 

Washington ................ Fairchild Air Force Base ............................... $4,250,000 

Wyoming .................... Francis E. Warren Air Force Base ............... $11,000,000 

3 (b) OUTSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2304(a)(2), the Secretary of the Air Force 

6 may acquire real property and carry out military construc7 tion projects for the installations or locations outside the 

8 United States, and in the amounts, set forth in the following 

9 table: 


sroberts on PROD1PC70 with BILLS
455 

•HR 5122 RH 

Air Force: Outside the United States 

Country Installation or Location Amount 

Germany .............................. Ramstein Air Base .................................... $53,150,000 

Guam ................................... Andersen Air Base ..................................... $80,800,000 

Korea .................................... Kunsan Air Base ....................................... $46,700,000 

Osan Air Base ........................................... $2,156,000 

1 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap2 propriated pursuant to the authorization of appropriations 

3 in section 2304(a)(3), the Secretary of the Air Force may 

4 acquire real property and carry out military construction 

5 projects for unspecified installations or locations in the 

6 amount set forth in the following table: 

Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Unspecified Worldwide .............................. $35,677,000 

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, in the number of units, and 

14 in the amounts set forth in the following table: 

Air Force: Family Housing 

State or Country Installation or Location Units Amount 

Alaska ........................... Eielson Air Force Base .................... 129 .... $87,414,000 

Idaho ............................. Mountain Home Air Force Base ..... 457 .... $107,800,000 

Missouri ........................ Whiteman Air Force Base ............... 116 .... $39,270,000 

Montana ....................... Malmstrom Air Force Base .............. 493 .... $140,252,000 

North Carolina ............. Seymour Johnson Air Force Base ... 56 ...... $22,956,000 

North Dakota ............... Minot Air Force Base ....................... 575 .... $171,188,000 

Texas ............................. Dyess Air Force Base ....................... 199 .... $49,215,000 

Germany ....................... Ramstein Air Base ........................... 101 .... $59,488,000 


sroberts on PROD1PC70 with BILLS
456 

•HR 5122 RH 

Air Force: Family Housing—Continued 

State or Country Installation or Location Units Amount 

Spangdahlem Air Base .................... 60 ...... $39,294,000 

United Kingdom .......... Royal Air Force Lakenheath ........... 74 ...... $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 military family housing units in an 

7 amount not 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 $403,777,000. 

15 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

16 FORCE. 

17 (a) AUTHORIZATIONOF 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 

21 the Department of the Air Force in the total amount of 

22 $3,157,882,000, as follows: 


sroberts on PROD1PC70 with BILLS
457 

•HR 5122 RH 

1 (1) For military construction projects inside the 

2 United States authorized by section 2301(a), 

3 $818,386,000. 

4 (2) For military construction projects outside the 

5 United States authorized by section 2301(b), 

6 $182,806,000. 

7 (3) For military construction projects at unspec8 ified worldwide locations authorized by section 

9 2301(c), $35,677,000. 

10 (4) For unspecified minor military construction 

11 projects authorized by section 2805 of title 10, United 

12 States Code, $15,000,000. 

13 (5) For architectural and engineering services 

14 and construction design under section 2807 of title 

15 10, United States Code, $97,504,000. 

16 (6) For military family housing functions: 

17 (A) For construction and acquisition, plan18 ning and design, and improvement of military 

19 family housing and facilities, $1,169,138,000. 

20 (B) For support of military family housing 

21 (including functions described in section 2833 of 

22 title 10, United States Code), $755,071,000. 

23 (7) For the construction of increment 2 of the C– 

24 17 maintenance complex at Elmendorf Air Force 

25 Base, Alaska, authorized by section 2301(a) of the 


sroberts on PROD1PC70 with BILLS
458 

•HR 5122 RH 

1 Military Construction Authorization Act for Fiscal 

2 Year 2006 (division B of Public Law 109–163; 119 

3 Stat. 3494), $30,000,000. 

4 (8) For the construction of increment 2 of the 

5 main base runway at Edwards Air Force Base, Cali6 fornia, authorized by section 2301(a) of the Military 

7 Construction Authorization Act for Fiscal Year 2006 

8 (division B of Public Law 109–163; 119 Stat. 3494), 

9 $31,000,000. 

10 (9) For the construction of increment 2 of the 

11 CENTCOM Joint Intelligence Center at MacDill Air 

12 Force Base, Florida, authorized by section 2301(a) of 

13 the Military Construction Authorization Act for Fis14 cal Year 2006 (division B of Public Law 109–163; 

15 119 Stat. 3494), $23,300,000. 

16 (b) LIMITATIONON TOTAL COST OF CONSTRUCTION

17 PROJECTS.—Notwithstanding the cost variations author18 ized by section 2853 of title 10, United States Code, and 

19 any other cost variation authorized by law, the total cost 

20 of all projects carried out under section 2301 of this Act 

21 may not exceed the total amount authorized to be appro22 priated under paragraphs (1), (2), and (3) of subsection 

23 (a). 

24 TITLE IV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Family housing. 


sroberts on PROD1PC70 with BILLS
459 

•HR 5122 RH 

Sec. 2403. Energy conservation projects. 

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

Sec. 2405. Authorization of appropriations, Defense Agencies. 

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

projects. 

1 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts ap4 propriated pursuant to the authorization of appropriations 

5 in section 2405(a)(1), the Secretary of Defense may acquire 

6 real property and carry out military construction projects 

7 for the installations or locations inside the United States, 

8 and in the amounts, set forth in the following tables: 

Defense Education Activity 

State Installation or Location Amount 

Kentucky ................. Fort Knox ................................................................ $18,108,000 

Defense Logistics Agency 

State Installation or Location Amount 

Arizona ................................ Marine Corps Air Station, Yuma ............ $8,715,000 

California ............................ Beale Air Force Base ................................ $9,000,000 

Pennsylvania ....................... Defense Distribution Depot, New Cumberland.$8,900,000 

Viginia ................................. Fort Belvoir ............................................... $5,500,000 

Washington .......................... Naval Air Station, Whidbey Island ......... $26,000,000 

National Security Agency 

State Installation or Location Amount 

Maryland ............................. Fort Meade ................................................. $4,517,000 

Special Operations Command 

State Installation or Location Amount 

California ...................... Marine Corps Base, Camp Pendleton ............ $24,400,000 

Colorado ......................... Fort Carson ..................................................... $26,100,000 

Florida ........................... Hurlburt Field ................................................. $14,482,000 

MacDill Air Force Base .................................. $27,300,000 

Kentucky ........................ Fort Campbell .................................................. $24,500,000 

Mississippi ..................... Stennis Space Center ...................................... $10,200,000 

North Carolina .............. Fort Bragg ....................................................... $67,044,000 


sroberts on PROD1PC70 with BILLS
460 

•HR 5122 RH 

Special Operations Command—Continued 

State Installation or Location Amount 

Marine Corps Base, Camp Lejeune ............... $51,600,000 

Virginia .......................... Naval Air Base, Little Creek .......................... $22,000,000 

TRICARE Management Activity 

State Installation or Location Amount 

Alaska ................ Fort Richardson ........................................................... $37,200,000 

California ......... Fort Irwin ..................................................................... $6,050,000 

Florida .............. MacDill Air Force Base ............................................... $92,000,000 

Naval Hospital, Jacksonville ....................................... $16,000,000 

Hawaii .............. Naval Base, Pearl Harbor ........................................... $7,700,000 

Illinois ............... Naval Hospital, Great Lakes ....................................... $20,000,000 

Maryland .......... Fort Detrick .................................................................. $550,000,000 

New York ........... Fort Drum .................................................................... $9,700,000 

Texas ................. Fort Hood ..................................................................... $18,000,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2405(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 ........................ Vicenza ..................................................................... $47,210,000 

Korea ...................... Osan Air Base ......................................................... $4,589,000 

Spain ...................... Naval Station, Rota ............................................... $23,048,000 

Defense Logistics Agency 

Country or 

Possession Installation or Location Amount 

Japan .................. Okinawa ...................................................................... $5,000,000 

Wake Island ........ ...................................................................................... $2,600,000 

Special Operations Command 

Country Installation or Location Amount 

Qatar .................................... Al Udeid AB .............................................. $44,500,000 


sroberts on PROD1PC70 with BILLS
461 

•HR 5122 RH 

TRICARE Management Activity 

Country Installation or Location Amount 

Italy ..................................... Vicenza ....................................................... $52,000,000 

1 SEC. 2402. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2405(a)(9)(A), the Secretary of De5 fense may construct or acquire family housing units (in6 cluding land acquisition and supporting facilities) at the 

7 location, in the number of units, and in the amount set 

8 forth in the following table: 

Defense Logistics Agency: Family Housing 

State Location Units Amount 

Virginia ...................... Richmond International Airport .... 25 ........ $7,840,000 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2405(a)(9)(A), the Secretary of Defense may carry 

12 out architectural and engineering services and construction 

13 design activities with respect to the construction or im14 provement of military family housing units in an amount 

15 not to exceed $200,000. 

16 SEC. 2403. ENERGY CONSERVATION PROJECTS. 

17 Using amounts appropriated pursuant to the author18 ization of appropriations in section 2405(a)(6), the Sec19 retary of Defense may carry out energy conservation 


sroberts on PROD1PC70 with BILLS
462 

•HR 5122 RH 

1 projects under section 2865 of title 10, United States Code, 

2 in the amount of $55,000,000. 

3 SEC. 2404. AUTHORIZED BASE CLOSURE AND REALIGN4 MENT ACTIVITIES FUNDED THROUGH DE5 PARTMENT OF DEFENSE BASE CLOSURE AC6 COUNT 2005. 

7 (a) AUTHORIZED ACTIVITIES.—Using amounts appro8 priated pursuant to the authorization of appropriations in 

9 section 2405(a)(8), the Secretary of Defense may carry out 

10 base closure and realignment activities, including real 

11 property acquisition and military construction projects, as 

12 authorized by the Defense Base Closure and Realignment 

13 Act of 1990 (part A of title XXIX of Public Law 101–510; 

14 10 U.S.C. 2687 note) and funded through the Department 

15 of Defense Base Closure Account 2005 established by section 

16 2906A of such Act, in the amount of $5,902,723,000. 

17 (b) CONFORMING AMENDMENTS TO FISCAL YEAR 2006 

18 AUTHORIZATIONS.— 

19 (1) AUTHORIZED ACTIVITIES.—Title XXIV of the 

20 Military Construction Authorization Act for Fiscal 

21 Year 2006 (division B of Public Law 109–163; 119 

22 Stat. 3496) is amended by adding at the end the fol23 lowing new section: 


sroberts on PROD1PC70 with BILLS
463 

•HR 5122 RH 

1 ‘‘SEC. 2404. AUTHORIZED BASE CLOSURE AND REALIGN2 MENT ACTIVITIES FUNDED THROUGH DE3 PARTMENT OF DEFENSE BASE CLOSURE AC4 COUNT 2005. 

5 ‘‘Using amounts appropriated pursuant to the author6 ization of appropriations in section 2403(a)(7), the Sec7 retary of Defense may carry out base closure and realign8 ment activities, including real property acquisition and 

9 military construction projects, as authorized by the Defense 

10 Base Closure and Realignment Act of 1990 (part A of title 

11 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 

12 funded through the Department of Defense Base Closure Ac13 count 2005 established by section 2906A of such Act, in the 

14 amount of $2,035,466,000.’’. 

15 (2) AUTHORIZATION OF APPROPRIATIONS AND

16 LIMITATIONS.—Section 2403 of that Act (119 Stat. 

17 3499) is amended— 

18 (A) in subsection (a)(7)— 

19 (i) by striking ‘‘as authorized by the 

20 Defense Base Closure and Realignment Act 

21 of 1990 (part A of title XXIX of Public Law 

22 101–510; 10 U.S.C. 2687 note)’’ and insert23 ing ‘‘authorized by section 2404 of this 

24 Act’’; and 

25 (ii) by striking ‘‘section 2906 of such 

26 Act’’ and inserting ‘‘section 2906A of the 


sroberts on PROD1PC70 with BILLS
464 

•HR 5122 RH 

1 Defense Base Closure and Realignment Act 

2 of 1990 (part A of title XXIX of Public Law 

3 101–510; 10 U.S.C. 2687 note)’’; 

4 (B) by redesignating subsection (c) as sub5 section (d); and 

6 (C) by inserting after subsection (b) the fol7 lowing new subsection (c): 

8 ‘‘(c) LIMITATIONON TOTAL COST OF BASE CLOSURE

9 AND REALIGNMENT ACTIVITIES.—Notwithstanding the cost 

10 variations authorized by section 2853 of title 10, United 

11 States Code, and any other cost variation authorized by 

12 law, the total cost of all base closure and realignment activi13 ties, including real property acquisition and military con14 struction projects, carried out under section 2404 of this 

15 Act may not exceed the sum of the following: 

16 ‘‘(1) The total amount authorized to be appro17 priated under subsection (a)(7). 

18 ‘‘(2) $531,000,000 (the balance of the amount 

19 authorized under section 2404 for base closure and re20 alignment activities).’’. 

21 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 

22 AGENCIES. 

23 (a) IN GENERAL.—Funds are hereby authorized to be 

24 appropriated for fiscal years beginning after September 30, 

25 2006, for military construction, land acquisition, and miliVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00464 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
465 

•HR 5122 RH 

1 tary family housing functions of the Department of Defense 

2 (other than the military departments) in the total amount 

3 of $7,160,356,000, as follows: 

4 (1) For military construction projects inside the 

5 United States authorized by section 2401(a), 

6 $537,616,000. 

7 (2) For military construction projects outside the 

8 United States authorized by section 2401(b), 

9 $163,197,000. 

10 (3) For unspecified minor military construction 

11 projects under section 2805 of title 10, United States 

12 Code, $21,672,000. 

13 (4) For contingency construction projects of the 

14 Secretary of Defense under section 2804 of title 10, 

15 United States Code, $10,000,000. 

16 (5) For architectural and engineering services 

17 and construction design under section 2807 of title 

18 10, United States Code, $172,950,000. 

19 (6) For energy conservation projects authorized 

20 by section 2403 of this Act, $55,000,000. 

21 (7) For base closure and realignment activities 

22 as authorized by the Defense Base Closure and Re23 alignment Act of 1990 (part A of title XXIX of Public 

24 Law 101–510; 10 U.S.C. 2687 note) and funded 

25 through the Department of Defense Base Closure AcVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00465 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
466 

•HR 5122 RH 

1 count 1990 established by section 2906 of such Act, 

2 $191,220,000. 

3 (8) For base closure and realignment activities 

4 authorized by section 2404 of this Act and funded 

5 through the Department of Defense Base Closure Ac6 count 2005 established by section 2906A of the De7 fense Base Closure and Realignment Act of 1990 

8 (part A of title XXIX of Public Law 101–510; 10 

9 U.S.C. 2687 note), $5,236,223,000. 

10 (9) For military family housing functions: 

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military 

13 family housing and facilities, $8,808,000. 

14 (B) For support of military family housing 

15 (including functions described in section 2833 of 

16 title 10, United States Code), $48,506,000. 

17 (C) For credit to the Department of Defense 

18 Family Housing Improvement Fund established 

19 by section 2883(a)(1) of title 10, United States 

20 Code, $2,500,000 

21 (10) For the construction of increment 2 of the 

22 regional security operations center at Augusta, Geor23 gia, authorized by section 2401(a) of the Military 

24 Construction Authorization Act of Fiscal Year 2006 


sroberts on PROD1PC70 with BILLS
467 

•HR 5122 RH 

1 (division B of Public Law 109–163; 119 Stat. 3497), 

2 as amended by section 2406 of this Act, $87,118,000. 

3 (11) For the construction of increment 2 of the 

4 regional security operations center at Kunia, Hawaii, 

5 authorized by section 2401(a) of the Military Con6 struction Authorization Act of Fiscal Year 2006 (divi7 sion B of Public Law 109–163; 119 Stat. 3497), 

8 $47,016,000. 

9 (12) For the construction of increment 2 of the 

10 classified material conversion facility at Fort Meade, 

11 Maryland, authorized by section 2401(a) of the Mili12 tary Construction Authorization Act of Fiscal Year 

13 2006 (division B of Public Law 109–163; 119 Stat. 

14 3497), $11,151,000. 

15 (13) For the construction of increment 2 of an 

16 operations building, Royal Air Force Menwith Hill 

17 Station, United Kingdom, authorized by section 

18 2401(b) of the Military Construction Authorization 

19 Act of Fiscal Year 2006 (division B of Public Law 

20 109–163; 119 Stat. 3498), as amended by section 

21 2406 of this Act, $46,386,000. 

22 (14) For the construction of the second increment 

23 of certain base closure and realignment activities au24 thorized by section 2404 of the Military Construction 

25 Authorization Act of Fiscal Year 2006 (division B of 


sroberts on PROD1PC70 with BILLS
468 

•HR 5122 RH 

1 Public Law 109–163; 119 Stat. 3500), as added by 

2 section 2404(b) of this Act, $390,000,000. 

3 (15) For the construction of increment 7 of a 

4 munitions demilitarization facility at Blue Grass 

5 Army Depot, Kentucky, authorized by section 2401(a) 

6 of the Military Construction Authorization Act for 

7 Fiscal Year 2000 (division B of Public Law 106–65; 

8 113 Stat. 835), as amended by section 2405 of the 

9 Military Construction Authorization Act of 2002 (di10 vision B of Public Law 107–107; 115 Stat. 1298), 

11 and section 2405 of the Military Construction Author12 ization Act for Fiscal Year 2003 (division B of Public 

13 Law 107–314; 116 Stat. 2698), $89,157,000. 

14 (16) For the construction of increment 8 of a 

15 munitions demilitarization facility at Pueblo Chem16 ical Activity, Colorado, authorized by section 2401(a) 

17 of the Military Construction Authorization Act for 

18 Fiscal Year 1997 (division B of Public Law 104–201; 

19 110 Stat. 2775), as amended by section 2406 of the 

20 Military Construction Authorization Act for Fiscal 

21 Year 2000 (division B of Public Law 106–65; 113 

22 Stat. 839), and section 2407 of the Military Construc23 tion Authorization Act for Fiscal Year 2003 (division 

24 B of Public Law 107–314; 116 Stat. 2698), 

25 $41,836,000. 


sroberts on PROD1PC70 with BILLS
469 

•HR 5122 RH 

1 (b) LIMITATIONON 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) and (2) of subsection 

9 (a). 

10 (2) $46,400,000 (the balance of the amount au11 thorized under section 2401(a) for construction of a 

12 health clinic at MacDill Air Force Base, Florida). 

13 (3) $521,000,000 (the balance of the amount au14 thorized under section 2401(a) for stage 1 of the re15 placement of the Army Medical Research Institute of 

16 Infectious Diseases at Fort Detrick, Maryland). 

17 (c) LIMITATIONON TOTAL COST OF BASE CLOSURE

18 AND REALIGNMENT ACTIVITIES.—Notwithstanding the cost 

19 variations authorized by section 2853 of title 10, United 

20 States Code, and any other cost variation authorized by 

21 law, the total cost of all base closure and realignment activi22 ties, including real property acquisition and military con23 struction projects, carried out under section 2404(a) of this 

24 Act may not exceed the sum of the following: 


sroberts on PROD1PC70 with BILLS
470 

•HR 5122 RH 

1 (1) The total amount authorized to be appro2 priated under subsection (a)(8). 

3 (2) $666,500,000 (the balance of the amount au4 thorized under section 2404(a) for base closure and 

5 realignment activities). 

6 (d) NOTICE AND WAIT REQUIREMENT APPLICABLE TO

7 OBLIGATIONOF FUNDS FOR BASE CLOSURE AND REALIGN8 MENT ACTIVITIES.—Funds appropriated pursuant to the 

9 authorization of appropriations in subsection (a)(8) may 

10 not be obligated until— 

11 (1) a period of 21 days has expired following the 

12 date on which the Secretary of Defense submits to the 

13 congressional defense committees a report describing 

14 the specific programs, projects, and activities for 

15 which the funds are to be obligated; or 

16 (2) if over sooner, a period of 14 days has ex17 pired following the date on which a copy of the report 

18 is provided in an electronic medium pursuant to sec19 tion 480 of title 10, United States Code. 

20 SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT 

21 CERTAIN FISCAL YEAR 2006 PROJECTS. 

22 (a) MODIFICATIONOF INSIDE THE UNITED STATES

23 NATIONAL SECURITY AGENCY PROJECTS.—The table relat24 ing to the National Security Agency in subsection (a) of 

25 section 2401 of the Military Construction Authorization Act 


sroberts on PROD1PC70 with BILLS
471 

•HR 5122 RH 

1 for Fiscal Year 2006 (division B of Public Law 109–163; 

2 119 Stat. 3497) is amended— 

3 (1) in the item relating to Augusta, Georgia, by 

4 striking ‘‘$61,466,000’’ in the amount column and in5 serting ‘‘$340,836,000’’; and 

6 (2) in the item relating to Kunia, Hawaii, by 

7 striking ‘‘$305,000,000’’ in the amount column and 

8 inserting ‘‘$350,490,000’’. 

9 (b) MODIFICATIONOF OUTSIDE THE UNITED STATES

10 NATIONAL SECURITY AGENCY PROJECT.—The table relat11 ing to the National Security Agency in subsection (b) of 

12 such section (119 Stat. 3498) is amended in the item relat13 ing to Menwith Hill, United Kingdom, by striking 

14 ‘‘$86,354,000’’ in the amount column and inserting 

15 ‘‘$87,752,000’’. 

16 (c) CONFORMING AMENDMENTS.—Section 2403(b) of 

17 that Act (119 Stat. 3500) is amended— 

18 (1) in paragraph (2), by striking ‘‘$12,500,000’’ 

19 and inserting ‘‘$291,870,000’’; 

20 (2) in paragraph (3), by striking 

21 ‘‘$256,034,000’’ and inserting ‘‘$301,524,000’’; and 

22 (3) in paragraph (5), by striking ‘‘$44,657,000’’ 

23 and inserting ‘‘$46,055,000’’. 


sroberts on PROD1PC70 with BILLS
472 

•HR 5122 RH 

1 TITLE V—NORTH ATLANTIC 

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 The Secretary of Defense may make contributions for 

8 the North Atlantic Treaty Organization Security Invest9 ment program as provided in section 2806 of title 10, 

10 United States Code, in an amount not to exceed the sum 

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the 

13 North Atlantic Treaty Organization as a result of construc14 tion previously financed by the United States. 

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

16 Funds are hereby authorized to be appropriated for fis17 cal years beginning after September 30, 2006, for contribu18 tions by the Secretary of Defense under section 2806 of title 

19 10, United States Code, for the share of the United States 

20 of the cost of projects for the North Atlantic Treaty Organi21 zation Security Investment program authorized by section 

22 2501, in the amount of $200,985,000. 


sroberts on PROD1PC70 with BILLS
473 

•HR 5122 RH 

1 TITLE VI—GUARD AND RESERVE 

2 FORCES FACILITIES 

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

projects. 

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS. 

5 Funds are hereby authorized to be appropriated for fis6 cal years beginning after September 30, 2006, for the costs 

7 of acquisition, architectural and engineering services, and 

8 construction of facilities for the Guard and Reserve Forces, 

9 and for contributions therefor, under chapter 1803 of title 

10 10, United States Code (including the cost of acquisition 

11 of land for those facilities), in the following amounts: 

12 (1) For the Department of the Army— 

13 (A) for the Army National Guard of the 

14 United States, $518,403,000; and 

15 (B) for the Army Reserve, $169,487,000. 

16 (2) For the Department of the Navy, for the 

17 Navy Reserve and Marine Corps Reserve, 

18 $55,158,000. 

19 (3) For the Department of the Air Force— 

20 (A) for the Air National Guard of the 

21 United States, $212,788,000; and 

22 (B) for the Air Force Reserve, $56,836,000. 


sroberts on PROD1PC70 with BILLS
474 

•HR 5122 RH 

1 TITLE VII—EXPIRATION AND EX2 TENSION OF AUTHORIZA3 TIONS 

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

law. 

Sec. 2702. Effective date. 

4 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND 

5 AMOUNTS REQUIRED TO BE SPECIFIED BY 

6 LAW. 

7 (a) EXPIRATIONOF 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 


sroberts on PROD1PC70 with BILLS
475 

•HR 5122 RH 

1 therefor), for which appropriated funds have been obligated 

2 before the later of— 

3 (1) October 1, 2009; or 

4 (2) the date of the enactment of an Act author5 izing funds for fiscal year 2010 for military construc6 tion projects, land acquisition, family housing 

7 projects and facilities, or contributions to the North 

8 Atlantic Treaty Organization Security Investment 

9 program. 

10 SEC. 2702. EFFECTIVE DATE. 

11 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of 

12 this Act shall take effect on the later of— 

13 (1) October 1, 2006; or 

14 (2) the date of the enactment of this Act. 

15 TITLE VIII—MILITARY CON16 STRUCTION GENERAL PROVI17 SIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

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

emergency military construction. 

Sec. 2802. Applicability of local comparability of room pattern and floor area requirements to construction, acquisition, and improvement to 

military unaccompanied housing. 

Sec. 2803. Authority to use proceeds from sale of military family housing to support military housing privatization initiative. 

Sec. 2804. Repeal of special requirement for military construction contracts on 

Guam. 

Sec. 2805. Congressional notification of cancellation ceiling for Department of 

Defense energy savings performance contracts. 

Sec. 2806. Expansion of authority to convey property at military installations to 

support military construction. 

Sec. 2807. Pilot projects for acquisition or construction of military unaccompanied housing. 


sroberts on PROD1PC70 with BILLS
476 

•HR 5122 RH 

Sec. 2808. Consideration of alternative and more efficient uses for general officer 

and flag officer quarters in excess of 6,000 square feet. 

Sec. 2809. Repeal of temporary minor military construction program. 

Sec. 2810. One-year extension of temporary, limited authority to use operation 

and maintenance funds for construction projects outside the 

United States. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Consolidation of Department of Defense authorities regarding granting 

of easements for rights-of-way. 

Sec. 2822. Authority to grant restrictive easements in connection with land conveyances. 

Sec. 2823. Maximum term of leases for structures and real property relating to 

structures in foreign countries needed for purposes other than 

family housing. 

Sec. 2824. Consolidation of laws relating to transfer of Department of Defense 

real property within the department and to other Federal agencies. 

Sec. 2825. Congressional notice requirements in advance of acquisition of land by 

condemnation for military purposes. 

Subtitle C—Base Closure and Realignment 

Sec. 2831. Treatment of lease proceeds from military installations approved for 

closure or realignment after January 1, 2005. 

Subtitle D—Land Conveyances 

Sec. 2841. Land conveyance, Naval Air Station, Barbers Point, Hawaii. 

Sec. 2842. Modification of land acquisition authority, Perquimans County, North 

Carolina. 

Sec. 2843. Land conveyance, Radford Army Ammunition Plant, Pulaski County, 

Virginia. 

Subtitle E—Other Matters 

Sec. 2851. Availability of community planning assistance relating to encroachment of civilian communities on military facilities used for 

training by the Armed Forces. 

Sec. 2852. Prohibitions against making certain military airfields or facilities 

available for use by civil aircraft. 

Sec. 2853. Naming housing facility at Fort Carson, Colorado, in honor of Joel 

Hefley, a member of the House of Representatives. 

Sec. 2854. Naming Navy and Marine Corps Reserve Center at Rock Island, Illinois, in honor of Lane Evans, a member of the House of Representatives. 

Sec. 2855. 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. 


sroberts on PROD1PC70 with BILLS
477 

•HR 5122 RH 

1 Subtitle A—Military Construction 

2 Program and Military Family 

3 Housing Changes 

4 SEC. 2801. INCREASE IN MAXIMUM ANNUAL AMOUNT AU5 THORIZED TO BE OBLIGATED FOR EMER6 GENCY MILITARY CONSTRUCTION. 

7 Section 2803(c)(1) of title 10, United States Code, is 

8 amended by striking ‘‘$45,000,000’’ and inserting 

9 ‘‘$60,000,000’’. 

10 SEC. 2802. APPLICABILITY OF LOCAL COMPARABILITY OF 

11 ROOM PATTERN AND FLOOR AREA REQUIRE12 MENTS TO CONSTRUCTION, ACQUISITION, 

13 AND IMPROVEMENT TO MILITARY UNACCOM14 PANIED HOUSING. 

15 (a) APPLICATIONTO MILITARY UNACCOMPANIED

16 HOUSING.—Section 2826 of title 10, United States Code, 

17 is amended— 

18 (1) in subsection (a)— 

19 (A) by inserting ‘‘or military unaccom20 panied housing’’ after ‘‘military family housing’’ 

21 the first place it appears; and 

22 (B) by striking ‘‘military family housing’’ 

23 the second place it appears and inserting ‘‘such 

24 housing’’; and 

25 (2) in subsection (b)— 


sroberts on PROD1PC70 with BILLS
478 

•HR 5122 RH 

1 (A) by striking ‘‘REQUESTS FOR AUTHOR2 ITY FOR MILITARY FAMILY HOUSING’’ and in3 serting ‘‘INFORMATION ON NET FLOOR AREAS OF

4 PROPOSED UNITS’’; 

5 (B) in paragraph (1)— 

6 (i) by inserting ‘‘or military unaccom7 panied housing’’ after ‘‘military family 

8 housing’’ the first place it appears; and 

9 (ii) by striking ‘‘military family hous10 ing’’ the second place it appears and insert11 ing ‘‘such housing’’; and 

12 (C) in paragraph (2), by striking ‘‘military 

13 family housing unit’’ and inserting ‘‘unit of 

14 military family housing or military unaccom15 panied housing’’. 

16 (b) WAIVER AUTHORITY.—Such section is further 

17 amended by adding at the end the following new subsection: 

18 ‘‘(c) WAIVER AUTHORITY.—The Secretary concerned 

19 may waive the requirements of subsection (a) in the case 

20 of the construction, acquisition, or improvement of military 

21 unaccompanied housing on a case-by-case basis. The Sec22 retary shall include the reasons for the waiver in the request 

23 submitted to Congress for authority to carry out the con24 struction, acquisition, or improvement project.’’. 

25 (c) CLERICAL AMENDMENTS.— 


sroberts on PROD1PC70 with BILLS
479 

•HR 5122 RH 

1 (1) SECTIONHEADING.—The heading of such sec2 tion is amended to read as follows: 

3 ‘‘§ 2826. Local comparability of room patterns and 

4 floor areas’’. 

5 (2) TABLE OF SECTIONS.—The table of sections 

6 at the beginning of subchapter II of chapter 169 of 

7 such title is amended by striking the item relating to 

8 section 2826 and inserting the following new item: 

‘‘2826. Local comparability of room patterns and floor areas.’’. 

9 (d) REPEAL OF SUPERSEDED PROVISION.— 

10 (1) REPEAL.—Section 2856 of such title is re11 pealed. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of subchapter III of chapter 

14 169 of such title is amended by striking the item re15 lating to section 2856. 

16 (e) CONFORMING AMENDMENTS REGARDING ALTER17 NATIVE ACQUISITIONAND IMPROVEMENT AUTHORITY.— 

18 Section 2880(b) of such title is amended— 

19 (1) by striking ‘‘(1)’’; 

20 (2) by inserting ‘‘or military unaccompanied 

21 housing’’ after ‘‘military family housing’’; and 

22 (3) by striking paragraph (2). 


sroberts on PROD1PC70 with BILLS
480 

•HR 5122 RH 

1 SEC. 2803. AUTHORITY TO USE PROCEEDS FROM SALE OF 

2 MILITARY FAMILY HOUSING TO SUPPORT 

3 MILITARY HOUSING PRIVATIZATION INITIA4 TIVE. 

5 (a) TRANSFER FLEXIBILITY.—Section 2831 of title 10, 

6 United States Code, is amended— 

7 (1) in subsection (b), by striking ‘‘There’’ and 

8 inserting ‘‘Except as provided in subsection (e), 

9 there’’; 

10 (2) by redesignating subsections (e) and (f) as 

11 subsections (f) and (g), respectively; and 

12 (3) by inserting after subsection (d) the following 

13 new subsection (e): 

14 ‘‘(e) AUTHORITY TO TRANSFER CERTAIN PROCEEDS

15 TO SUPPORT MILITARY HOUSING PRIVATIZATION INITIA16 TIVE.—(1) The Secretary concerned may transfer family 

17 housing proceeds referred to in subsection (b)(3) to the De18 partment of Defense Family Housing Improvement Fund 

19 established under section 2883(a)(1) of this title. 

20 ‘‘(2) A transfer of proceeds under paragraph (1) may 

21 be made only after the end of the 30-day period beginning 

22 on the date the Secretary concerned submits written notice 

23 of, and justification for, the transfer to the appropriate 

24 committees of Congress or, if earlier, the end of the 14-day 

25 period beginning on the date on which a copy of the notice 


sroberts on PROD1PC70 with BILLS
481 

•HR 5122 RH 

1 and justification is provided in an electronic medium pur2 suant to section 480 of this title.’’. 

3 (b) STYLISTIC AMENDMENTS.—Such section is further 

4 amended— 

5 (1) in subsection (a), by inserting ‘‘ESTABLISH6 MENT.—’’ after ‘‘(a)’’; 

7 (2) in subsection (b), by inserting ‘‘CREDITS TO

8 ACCOUNT.—’’ after ‘‘(b)’’; 

9 (3) in subsection (c), by inserting ‘‘AVAILABILITY

10 OF AMOUNTS IN ACCOUNT.—’’ after ‘‘(c)’’; and 

11 (4) in subsection (d), by inserting ‘‘USE OF AC12 COUNT.—’’ after ‘‘(d)’’. 

13 (c) CONFORMING AMENDMENT.—Section 2883(c)(1) of 

14 such title is amended by adding at the end the following 

15 new subparagraph: 

16 ‘‘(G) Proceeds of the handling and the disposal 

17 of family housing of a military department that the 

18 Secretary concerned transfers to that Fund pursuant 

19 to section 2831(e) of this title.’’. 

20 SEC. 2804. REPEAL OF SPECIAL REQUIREMENT FOR MILI21 TARY CONSTRUCTION CONTRACTS ON GUAM. 

22 (a) REPEAL.—Section 2864 of title 10, United States 

23 Code, is repealed. 


sroberts on PROD1PC70 with BILLS
482 

•HR 5122 RH 

1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of subchapter III of chapter 169 of such title 

3 is amended by striking the item relating to section 2864. 

4 SEC. 2805. CONGRESSIONAL NOTIFICATION OF CANCELLA5 TION CEILING FOR DEPARTMENT OF DE6 FENSE ENERGY SAVINGS PERFORMANCE 

7 CONTRACTS. 

8 Section 2865 of title 10, United States Code, is amend9 ed by adding at the end the following new subsection: 

10 ‘‘(g) CONGRESSIONAL NOTIFICATIONOF CANCELLA11 TION CEILING FOR ENERGY SAVINGS PERFORMANCE CON12 TRACTS.—When a decision is made to award an energy sav13 ings performance contract that contains a clause setting 

14 forth a cancellation ceiling in excess of $7,000,000, the Sec15 retary of Defense shall submit to the appropriate commit16 tees of Congress written notification of the proposed con17 tract and of the proposed cancellation ceiling for the con18 tract. The notification shall include the justification for the 

19 proposed cancellation ceiling. The contract may then be 

20 awarded only after the end of the 30-day period beginning 

21 on the date the notification is received by such committees 

22 or, if earlier, the end of the 15-day period beginning on 

23 the date on which a copy of the notification is provided 

24 in an electronic medium pursuant to section 480 of this 

25 title.’’. 


sroberts on PROD1PC70 with BILLS
483 

•HR 5122 RH 

1 SEC. 2806. EXPANSION OF AUTHORITY TO CONVEY PROP2 ERTY AT MILITARY INSTALLATIONS TO SUP3 PORT MILITARY CONSTRUCTION. 

4 (a) INCLUSION OF ALL MILITARY INSTALLATIONS.— 

5 Subsection (a) of section 2869 of title 10, United States 

6 Code, is amended— 

7 (1) by redesignating paragraphs (1) and (2) as 

8 subparagraphs (A) and (B), respectively; 

9 (2) by inserting ‘‘(1)’’ before ‘‘The Secretary con10 cerned’’; 

11 (3) by striking ‘‘located on a military installa12 tion that is closed or realigned under a base closure 

13 law’’ and inserting ‘‘described in paragraph (2)’’; and 

14 (4) by adding at the end the following new para15 graph: 

16 ‘‘(2) Paragraph (1) applies with respect to real prop17 erty under the jurisdiction of the Secretary concerned 

18 that— 

19 ‘‘(A) is located on a military installation that is 

20 closed or realigned under a base closure law; or 

21 ‘‘(B) is determined to be excess to the needs of the 

22 Department of Defense.’’. 

23 (b) USE OF AUTHORITY TO SUPPORT AGREEMENTS TO

24 LIMIT ENCROACHMENTS.—Subparagraph (A) of paragraph 

25 (1) of subsection (a) of such section, as redesignated and 

26 amended by subsection (a), is further amended by striking 


sroberts on PROD1PC70 with BILLS
484 

•HR 5122 RH 

1 ‘‘land acquisition’’ and inserting ‘‘land acquisition, includ2 ing a land acquisition under an agreement entered into 

3 under section 2684a of this title to limit encroachments and 

4 other constraints on military training, testing, and oper5 ations’’. 

6 (c) ADVANCE NOTICE OF USE OF AUTHORITY; CON7 TENT OF NOTICE.—Subsection (d) of such section is amend8 ed— 

9 (1) in paragraph (1), by striking ‘‘closed or re10 aligned under the base closure laws is to be conveyed’’ 

11 and inserting ‘‘is proposed for conveyance’’; 

12 (2) by striking paragraph (2) and inserting the 

13 following new paragraph: 

14 ‘‘(2) The Secretary concerned may not enter into an 

15 agreement under subsection (a) for the conveyance of real 

16 property until— 

17 ‘‘(A) the Secretary submits to Congress notice of 

18 the conveyance, including— 

19 ‘‘(i) a description of the military construc20 tion project, land acquisition, military family 

21 housing, or military unaccompanied housing to 

22 be carried out under the agreement in exchange 

23 for the conveyance of the property; and 

24 ‘‘(ii) the amount of any payment to be 

25 made under subsection (b) or under section 


sroberts on PROD1PC70 with BILLS
485 

•HR 5122 RH 

1 2684a(d) of this title to equalize the fair market 

2 values of the property to be conveyed and the 

3 military construction project, land acquisition, 

4 military family housing, or military unaccom5 panied housing to be carried out under the 

6 agreement in exchange for the conveyance of the 

7 property; and 

8 ‘‘(B) a period of 21 days has elapsed from the 

9 date of receipt of the notice or, if over sooner, a period 

10 of 14 days has elapsed from the date on which a copy 

11 of the notice is provided in an electronic medium 

12 pursuant to section 480 of this title.’’. 

13 (d) DEPOSIT AND USE OF FUNDS.—Subsection (e) of 

14 such section is amended to read as follows: 

15 ‘‘(e) DEPOSIT AND USE OF FUNDS.—(1) The Secretary 

16 concerned shall deposit funds received under subsection (b) 

17 in the appropriation ‘Foreign Currency Fluctuations, Con18 struction, Defense’. 

19 ‘‘(2) The funds deposited under paragraph (1) shall 

20 be available, in such amounts as provided in appropriation 

21 Acts, for the purpose of paying increased costs of overseas 

22 military construction and family housing construction or 

23 improvement associated with unfavorable fluctuations in 

24 currency exchange rates. The use of such funds for this pur25 pose does not relieve the Secretary concerned from the duty 


sroberts on PROD1PC70 with BILLS
486 

•HR 5122 RH 

1 to provide advance notice to Congress under section 2853(c) 

2 of this title whenever the Secretary approves an increase 

3 in the cost of an overseas project under such section.’’. 

4 (e) ANNUAL REPORTS; EFFECT OF FAILURE TO SUB5 MIT.—Subsection (f) of such section is amended— 

6 (1) by redesignating paragraphs (1), (2), and (3) 

7 as subparagraphs (A), (B), and (C), respectively; 

8 (2) in subparagraph (C), as so redesignated, by 

9 inserting before the period at the end the following: 

10 ‘‘and of excess real property at military installa11 tions’’; 

12 (3) by striking ‘‘(f)’’ and all that follows through 

13 ‘‘the following:’’ and inserting the following: 

14 ‘‘(f) ANNUAL REPORTS; EFFECT OF FAILURE TO SUB15 MIT.—(1) Not later than March 15 of each year, the Sec16 retary of Defense shall submit to Congress a report detailing 

17 the following:’’; and 

18 (4) by adding at the end the following new para19 graph: 

20 ‘‘(2) If the report for a year is not submitted to Con21 gress by the date specified in paragraph (1), the Secretary 

22 concerned may not enter into an agreement under sub23 section (a) after that date for the conveyance of real prop24 erty until the date on which the report is finally sub25 mitted.’’. 


sroberts on PROD1PC70 with BILLS
487 

•HR 5122 RH 

1 (f) CLERICAL AMENDMENTS.— 

2 (1) SECTIONHEADING.—The heading of such sec3 tion is amended to read as follows: 

4 ‘‘§ 2869. Conveyance of property at military installa5 tions to support military construction or 

6 limit encroachment’’. 

7 (2) TABLE OF SECTIONS.—The table of sections 

8 at the beginning of subchapter III of chapter 169 of 

9 such title is amended by striking the item relating to 

10 section 2869 and inserting the following new item: 

‘‘2869. Conveyance of property at military installations to support military construction or limit encroachment.’’. 

11 (g) CONFORMING AMENDMENTS TO DEPARTMENT OF

12 DEFENSE HOUSING FUNDS.—Section 2883(c) of such title 

13 is amended— 

14 (1) in paragraph (1), by striking subparagraph 

15 (F); and 

16 (2) in paragraph (2), by striking subparagraph 

17 (F). 

18 (h) CONFORMING AMENDMENTS TO AUTHORITY TO

19 LIMIT ENCROACHMENTS.—Subsection (d)(3) of section 

20 2684a of such title is amended— 

21 (1) by redesignating subparagraphs (B) and (C) 

22 as subparagraphs (C) and (D), respectively; 

23 (2) in subparagraph (C), as so redesignated, by 

24 striking ‘‘in the sharing of acquisition costs of real 


sroberts on PROD1PC70 with BILLS
488 

•HR 5122 RH 

1 property, or an interest in real property, under para2 graph (1)(B)’’ and inserting ‘‘under subparagraph 

3 (A), either through the contribution of funds or excess 

4 real property, or both,’’; and 

5 (3) by inserting after subparagraph (A) the fol6 lowing new subparagraph (B): 

7 ‘‘(B) In lieu of or in addition to making a monetary 

8 contribution toward the cost of acquiring a parcel of real 

9 property, or an interest therein, pursuant to an agreement 

10 under this section, the Secretary concerned may convey, 

11 using the authority provided by section 2869 of this title, 

12 real property described in subsection (a)(2) of such sec13 tion.’’. 

14 SEC. 2807. PILOT PROJECTS FOR ACQUISITION OR CON15 STRUCTION OF MILITARY UNACCOMPANIED 

16 HOUSING. 

17 (a) EXTENSION OF AUTHORITY TO CARRY OUT PILOT

18 PROJECTS.—Subsection (f) of section 2881a of title 10, 

19 United States Code, is amended by striking ‘‘2007’’ and in20 serting ‘‘2011’’. 

21 (b) AUTHORIZED PROJECTS.—Subsection (a) of such 

22 section is amended by striking ‘‘three pilot projects’’ and 

23 inserting ‘‘six pilot projects’’. 

24 (c) NOTIFICATIONOF FUNDING TRANSFERS.—Sub25 section (d)(2) of such section is amended by striking ‘‘90 


sroberts on PROD1PC70 with BILLS
489 

•HR 5122 RH 

1 days prior notification’’ and inserting ‘‘45 days prior noti2 fication, or 30 days if the notification is provided in an 

3 electronic medium pursuant to section 480 of this title,’’. 

4 (d) REPORT SUBMISSION.—Subsection (e)(2) of such 

5 section is amended by striking the second sentence and in6 serting the following new sentence: ‘‘The Secretary may then 

7 issue the contract solicitation or offer the conveyance or 

8 lease after the end of the 45-day period beginning on the 

9 date the report is received by the appropriate committees 

10 of Congress or, if earlier, the end of the 30-day period begin11 ning on the date on which a copy of the report is provided 

12 in an electronic medium pursuant to section 480 of this 

13 title.’’. 

14 SEC. 2808. CONSIDERATION OF ALTERNATIVE AND MORE 

15 EFFICIENT USES FOR GENERAL OFFICER AND 

16 FLAG OFFICER QUARTERS IN EXCESS OF 6,000 

17 SQUARE FEET. 

18 (a) REPORTING REQUIREMENTS.—Paragraph (1) of 

19 subsection (f) of section 2831 of title 10, United States Code, 

20 as redesignated by section 2803(a)(2), is amended— 

21 (1) in subparagraph (A), by striking ‘‘and’’ at 

22 the end of the subparagraph; 

23 (2) in subparagraph (B)— 

24 (A) by striking ‘‘so identified’’ and insert25 ing ‘‘identified under subparagraph (A)’’; and 


sroberts on PROD1PC70 with BILLS
490 

•HR 5122 RH 

1 (B) by striking the period at the end of the 

2 subparagraph and inserting a semicolon; and 

3 (3) by adding at the end the following new sub4 paragraphs: 

5 ‘‘(C) identifying each family housing unit in ex6 cess of 6,000 square feet used, or intended for use, as 

7 quarters for a general officer or flag officer; 

8 ‘‘(D) for each family housing unit identified 

9 under subparagraph (C), specifying any alternative 

10 and more efficient use to which the unit could be con11 verted (which would include any costs necessary to 

12 convert the unit) and containing an explanation of 

13 the reasons why the unit is not being converted to the 

14 alternative use; and 

15 ‘‘(E) for each family housing unit identified 

16 under subparagraph (C) for which costs under sub17 paragraph (A) or new construction costs are antici18 pated to exceed $100,000 in the next fiscal year, 

19 specifying any alternative use to which the unit could 

20 be converted (which would include any costs necessary 

21 to convert the unit) and an estimate of the costs to 

22 demolish and rebuild the unit to private sector stand23 ards.’’. 

24 (b) CONFORMING AMENDMENT.—The heading of such 

25 subsection is amended by striking ‘‘COST OF’’. 


sroberts on PROD1PC70 with BILLS
491 

•HR 5122 RH 

1 SEC. 2809. REPEAL OF TEMPORARY MINOR MILITARY CON2 STRUCTION PROGRAM. 

3 Section 2810 of the Military Construction Authoriza4 tion Act for Fiscal Year 2006 (division B of Public Law 

5 109–163; 119 Stat. 3509) is repealed. 

6 SEC. 2810. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED 

7 AUTHORITY TO USE OPERATION AND MAIN8 TENANCE FUNDS FOR CONSTRUCTION 

9 PROJECTS OUTSIDE THE UNITED STATES. 

10 Section 2808(a) of the Military Construction Author11 ization 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 by striking 

18 ‘‘and 2006’’ and inserting ‘‘through 2007’’. 

19 Subtitle B—Real Property and 

20 Facilities Administration 

21 SEC. 2821. CONSOLIDATION OF DEPARTMENT OF DEFENSE 

22 AUTHORITIES REGARDING GRANTING OF 

23 EASEMENTS FOR RIGHTS-OF-WAY. 

24 (a) CONSOLIDATION.—Subsection (a) of section 2668 

25 of title 10, United States Code, is amended— 

26 (1) in the matter preceding paragraph (1)— 


sroberts on PROD1PC70 with BILLS
492 

•HR 5122 RH 

1 (A) by striking ‘‘he’’ both places it appears 

2 and inserting ‘‘the Secretary’’; and 

3 (B) by striking ‘‘his control, to a State, 

4 Commonwealth, or possession, or political sub5 division thereof, or to a citizen, association, 

6 partnership, or corporation of a State, Common7 wealth, or possession,’’ and inserting ‘‘the Sec8 retary’s control’’; 

9 (2) in paragraph (2), by striking ‘‘oil pipe lines’’ 

10 and inserting ‘‘gas, water, sewer, and oil pipe lines’’; 

11 and 

12 (3) in paragraph (13), by striking ‘‘he considers 

13 advisable, except a purpose covered by section 2669 of 

14 this title’’ and inserting ‘‘the Secretary considers ad15 visable’’. 

16 (b) STYLISTIC AMENDMENTS.—Such section is further 

17 amended— 

18 (1) in subsection (a), by inserting ‘‘AUTHORIZED

19 TYPES OF EASEMENTS.—’’ after ‘‘(a)’’; 

20 (2) in subsection (b), by inserting ‘‘LIMITATION

21 ON SIZE OF EASEMENT.—’’ after ‘‘(b)’’; 

22 (3) in subsection (c), by inserting ‘‘TERMI23 NATION.—’’ after ‘‘(c)’’; 

24 (4) in subsection (d), by inserting ‘‘NOTICE TO

25 DEPARTMENT OF THE INTERIOR.—’’ after ‘‘(d)’’; and 


sroberts on PROD1PC70 with BILLS
493 

•HR 5122 RH 

1 (5) in subsection (e), by inserting ‘‘DISPOSITION

2 OF CONSIDERATION.—’’ after ‘‘(e)’’. 

3 (c) CONFORMING REPEAL.—Section 2669 of such title 

4 is repealed. 

5 (d) CLERICAL AMENDMENT.—The table of sections at 

6 the beginning of chapter 159 of such title is amended by 

7 striking the item related to section 2669. 

8 SEC. 2822. AUTHORITY TO GRANT RESTRICTIVE EASE9 MENTS IN CONNECTION WITH LAND CONVEY10 ANCES. 

11 (a) RESTRICTIVE EASEMENTS.—Chapter 159 of title 

12 10, United States Code, is amended by inserting after sec13 tion 2668 the following new section: 

14 ‘‘§ 2668a. Restrictive easements: granting easement in 

15 connection with land conveyances 

16 ‘‘(a) AUTHORITY TO INCLUDE RESTRICTIVE EASE17 MENT.—In connection with the conveyance of real property 

18 by the Secretary concerned under any provision of law, the 

19 Secretary concerned may grant an easement restricting fu20 ture uses of the conveyed real property for a conservation 

21 purpose consistent with section 170(h)(4)(A)(iv) of the In22 ternal Revenue Code of 1986 (26 U.S.C. 170(h)(4)(A)(iv)). 

23 ‘‘(b) AUTHORIZED RECIPIENTS.—An easement under 

24 subsection (a) may be granted only to a State or local gov25 ernment or a qualified organization, as that term is used 


sroberts on PROD1PC70 with BILLS
494 

•HR 5122 RH 

1 in section 170(h) of the Internal Revenue Code of 1986 (26 

2 U.S.C. 170(h)). 

3 ‘‘(c) LIMITATIONON USE OF CONSERVATION EASE4 MENTS.—An easement under subsection (a) may not be 

5 granted unless— 

6 ‘‘(1) the Secretary concerned determines that the 

7 conservation purpose to be promoted by the easement 

8 cannot be effectively achieved through the application 

9 of State law by the State or a local government; 

10 ‘‘(2) the Secretary consults with the local govern11 ment whose jurisdiction encompasses the property re12 garding the grant of the easement; and 

13 ‘‘(3) the Secretary can give or assign to a third 

14 party the responsibility for monitoring and enforcing 

15 the easement. 

16 ‘‘(d) ACREAGE LIMITATION.—No easement granted 

17 under this section may include more land than is necessary 

18 for the easement. 

19 ‘‘(e) TERMS AND CONDITIONS.—The grant of an ease20 ment under this section shall be subject to such terms and 

21 conditions as the Secretary considers advisable.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections at 

23 the beginning of such chapter is amended by inserting after 

24 the item relating to section 2668 the following new item: 

‘‘2668a. Restrictive easements: granting easement in connection with land conveyances.’’. 


sroberts on PROD1PC70 with BILLS
495 

•HR 5122 RH 

1 SEC. 2823. MAXIMUM TERM OF LEASES FOR STRUCTURES 

2 AND REAL PROPERTY RELATING TO STRUC3 TURES IN FOREIGN COUNTRIES NEEDED FOR 

4 PURPOSES OTHER THAN FAMILY HOUSING. 

5 Section 2675(a) of title 10, United States Code, is 

6 amended by striking ‘‘five years’’ and inserting ‘‘10 years’’. 

7 SEC. 2824. CONSOLIDATION OF LAWS RELATING TO TRANS8 FER OF DEPARTMENT OF DEFENSE REAL 

9 PROPERTY WITHIN THE DEPARTMENT AND 

10 TO OTHER FEDERAL AGENCIES. 

11 (a) INCLUSION OF TRANSFER AUTHORITY BETWEEN

12 ARMED FORCES.—Section 2696 of title 10, United States 

13 Code, is amended— 

14 (1) by redesignating subsections (a) and (b) as 

15 subsections (b) and (c), respectively; and 

16 (2) by inserting before subsection (b), as so redes17 ignated, the following new subsection: 

18 ‘‘(a) TRANSFERS BETWEEN ARMED FORCES.—If ei19 ther of the Secretaries concerned requests it and the other 

20 approves, real property may be transferred, without com21 pensation, from one armed force to another. Section 2571(d) 

22 of this title shall apply to the transfer of real property 

23 under this subsection.’’. 

24 (b) INCLUSION OF DEPARTMENT OF JUSTICE PRO25 GRAM.—The text of section 2693 of such title is amended— 


sroberts on PROD1PC70 with BILLS
496 

•HR 5122 RH 

1 (1) by redesignating paragraphs (1), (2), and (3) 

2 of subsection (a) as subparagraphs (A), (B), and (C), 

3 respectively; 

4 (2) by redesignating paragraphs (1) and (2) of 

5 subsection (b) as subparagraphs (A) and (B), respec6 tively, and in such subparagraph (B), as so redesig7 nated, by striking ‘‘this section’’ and inserting ‘‘para8 graph (1)’’; 

9 (3) by striking ‘‘(a) Except as provided in sub10 section (b)’’ and inserting ‘‘(f) DEPARTMENT OF JUS11 TICE CORRECTIONAL OPTIONS PROGRAM.—(1) Except 

12 as provided in paragraph (2)’’; 

13 (4) by striking ‘‘(b) The provisions of this sec14 tion’’ and inserting ‘‘(2) Paragraph (1)’’; and 

15 (5) by transferring the text, as so redesignated 

16 and amended, to appear as a new subsection (f) at 

17 the end of section 2696 of such title. 

18 (c) CONFORMING AMENDMENTS.— 

19 (1) SECTION2571.—Section 2571(a) of such title 

20 is amended by striking ‘‘and real estate’’. 

21 (2) SECTION2693.—Section 2693 of such title is 

22 repealed. 

23 (3) SECTION2696.—Section 2696 of such title is 

24 amended— 


sroberts on PROD1PC70 with BILLS
497 

•HR 5122 RH 

1 (A) in subsection (b), as redesignated by 

2 subsection (a)(1), by striking ‘‘SCREENING RE3 QUIREMENT.—’’ and inserting ‘‘SCREENING RE4 QUIREMENTS FOR ADDITIONAL FEDERAL USE.— 

5 ’’; 

6 (B) in subsection (c)(1), as redesignated by 

7 subsection (a)(1), by striking ‘‘subsection (a)’’ in 

8 the first sentence and inserting ‘‘subsection (b)’’; 

9 (C) in subsection (d), by striking ‘‘sub10 section (b)(1)’’ and inserting ‘‘subsection (c)(1)’’; 

11 and 

12 (D) in subsection (e), by striking ‘‘this sec13 tion’’ and inserting ‘‘subsection (b)’’. 

14 (d) CLERICAL AMENDMENTS.— 

15 (1) SECTION2571.—(A) The heading of section 

16 2571 of such title is amended to read as follows: 

17 ‘‘§ 2571. Interchange of supplies and services’’. 

18 (B) The table of sections at the beginning of 

19 chapter 153 of such title is amended by striking the 

20 item relating to section 2571 and inserting the fol21 lowing new item: 

‘‘2571. Interchange of supplies and services.’’. 

22 (2) SECTIONS 2693 AND 2696.—(A) The heading 

23 of section 2696 of such title is amended to read as fol24 lows: 


sroberts on PROD1PC70 with BILLS
498 

•HR 5122 RH 

1 ‘‘§ 2696. Transfers and disposals: interchange among 

2 armed forces and screening requirements 

3 for other Federal use’’. 

4 (B) The table of sections at the beginning of 

5 chapter 159 of such title is amended— 

6 (i) by striking the item relating to section 

7 2693; and 

8 (ii) by striking the item relating to section 

9 2696 and inserting the following new item: 

‘‘2696. Transfers and disposals: interchange among armed forces and screening requirements for other Federal use.’’. 

10 SEC. 2825. CONGRESSIONAL NOTICE REQUIREMENTS IN AD11 VANCE OF ACQUISITION OF LAND BY CON12 DEMNATION FOR MILITARY PURPOSES. 

13 (a) SENSE OF CONGRESS.—It is the sense of Congress 

14 that the Secretary of Defense, when acquiring land for mili15 tary purposes, should make every effort to do so by means 

16 of purchases from willing sellers and should employ con17 demnation, eminent domain, or seizure procedures only as 

18 a measure of last resort in cases of compelling national se19 curity requirements. 

20 (b) CONGRESSIONAL NOTICE.—Section 2663(a) of title 

21 10, United States Code, is amended by adding at the end 

22 the following new paragraph: 

23 ‘‘(3) Before using condemnation, eminent domain, or 

24 seizure procedures to acquire any interest in land, includVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
499 

•HR 5122 RH 

1 ing land for temporary use, under this subsection, the Sec2 retary of Defense or the Secretary of the military depart3 ment concerned shall submit to the congressional defense 

4 committees a report that includes certification that the Sec5 retary has made every effort to acquire the property without 

6 use of such procedures, explains the compelling require7 ments for the acquisition and why alternative acquisition 

8 strategies, such as purchases of easements, are inadequate, 

9 and describes the property for which the procedures will be 

10 employed. Proceedings may be brought with respect to the 

11 land only after the end of the 14-day period beginning on 

12 the date on which the report is received by the committees 

13 or, if over sooner, a period of 10 days elapses from the date 

14 on which a copy of the report is provided in an electronic 

15 medium pursuant to section 480 of this title.’’. 

16 Subtitle C—Base Closure and 

17 Realignment 

18 SEC. 2831. TREATMENT OF LEASE PROCEEDS FROM MILI19 TARY INSTALLATIONS APPROVED FOR CLO20 SURE OR REALIGNMENT AFTER JANUARY 1, 

21 2005. 

22 Paragraph (5) of section 2667(d) of title 10, United 

23 States Code, is amended to read as follows: 

24 ‘‘(5) Money rentals received by the United States from 

25 a lease under subsection (f) at a military installation to 


sroberts on PROD1PC70 with BILLS
500 

•HR 5122 RH 

1 be closed or realigned under a base closure law shall be de2 posited— 

3 ‘‘(A) into the account established under section 

4 2906(a) of the Defense Base Closure and Realignment 

5 Act of 1990 (part A of title XXIX of Public Law 101– 

6 510; 10 U.S.C. 2687 note), if the installation was ap7 proved for closure or realignment before January 1, 

8 2005; or 

9 ‘‘(B) into the account established under section 

10 2906A(a) of such Act, if the installation was ap11 proved for closure or realignment after January 1, 

12 2005.’’. 

13 Subtitle D—Land Conveyances 

14 SEC. 2841. LAND CONVEYANCE, NAVAL AIR STATION, BAR15 BERS POINT, HAWAII. 

16 (a) CONVEYANCE OF PROPERTY.—Not later than Sep17 tember 30, 2008, the Secretary of the Navy shall convey, 

18 by sale, lease, or a combination thereof, to any public or 

19 private person or entity outside the Department of Defense 

20 certain parcels of real property, including any improve21 ments thereon, consisting of approximately 499 acres lo22 cated at the former Naval Air Station, Barbers Point, 

23 Oahu, Hawaii, that are subject to the Ford Island Master 

24 Development Agreement developed pursuant to section 


sroberts on PROD1PC70 with BILLS
501 

•HR 5122 RH 

1 2814(a)(2) of title 10, United States Code, for the purpose 

2 of promoting the beneficial development of the real property. 

3 (b) USE OF EXISTING AUTHORITY.—To implement 

4 subsection (a), the Secretary may utilize the special convey5 ance and lease authorities provided to the Secretary by sub6 sections (b) and (c) of section 2814 of title 10, United States 

7 Code, for the purpose of developing or facilitating the devel8 opment of Ford Island, Hawaii. 

9 (c) DESCRIPTIONOF PROPERTY.—The exact acreage 

10 and legal description of real property to be conveyed under 

11 subsection (a) shall be determined by a survey satisfactory 

12 to the Secretary. 

13 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require such additional terms and conditions 

15 in connection with a conveyance under subsection (a) as 

16 the Secretary considers appropriate to protect the interests 

17 of the United States. 

18 SEC. 2842. MODIFICATION OF LAND ACQUISITION AUTHOR19 ITY, PERQUIMANS COUNTY, NORTH CARO20 LINA. 

21 Section 2846 of the Military Construction Authoriza22 tion Act for Fiscal Year 2002 (division B of Public Law 

23 107–107; 115 Stat. 1320), as amended by section 2865 of 

24 the Military Construction Authorization Act for Fiscal Year 

25 2005 (division B of Public Law 108–375; 118 Stat. 2149) 


sroberts on PROD1PC70 with BILLS
502 

•HR 5122 RH 

1 is further amended by striking ‘‘840 acres’’ and inserting 

2 ‘‘1,540 acres’’. 

3 SEC. 2843. LAND CONVEYANCE, RADFORD ARMY AMMUNI4 TION PLANT, PULASKI COUNTY, VIRGINIA. 

5 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

6 Army may convey, without consideration, to the Depart7 ment of Veterans’ Services of the Commonwealth of Virginia 

8 (in this section referred to as the ‘‘Department’’) all right, 

9 title, and interest of the United States in and to a parcel 

10 of real property, including any improvements thereon, con11 sisting of approximately 85 acres at the Radford Army Am12 munition Plant in Pulaski County, Virginia, for the pur13 pose of permitting the Department to establish and operate 

14 a State-run cemetery for veterans of the Armed Forces. 

15 (b) REVERSIONARY INTEREST.—If the Secretary deter16 mines at any time that the real property conveyed under 

17 subsection (a) is not being used in accordance with the pur18 pose of the conveyance specified in such subsection, all right, 

19 title, and interest in and to the property shall revert, at 

20 the option of the Secretary, to the United States, and the 

21 United States shall have the right of immediate entry onto 

22 the property. Any determination of the Secretary under this 

23 subsection shall be made on the record after an opportunity 

24 for a hearing. 

25 (c) PAYMENT OF COSTS OF CONVEYANCE.— 


sroberts on PROD1PC70 with BILLS
503 

•HR 5122 RH 

1 (1) PAYMENT REQUIRED.—The Secretary shall 

2 require the Department to cover costs to be incurred 

3 by the Secretary, or to reimburse the Secretary for 

4 costs incurred by the Secretary, to carry out the con5 veyance under subsection (a), including survey costs, 

6 costs related to environmental documentation, and 

7 other administrative costs related to the conveyance. 

8 If amounts are collected from the Department in ad9 vance of the Secretary incurring the actual costs, and 

10 the amount collected exceeds the costs actually in11 curred by the Secretary to carry out the conveyance, 

12 the Secretary shall refund the excess amount to the 

13 Department. 

14 (2) TREATMENT OF AMOUNTS RECEIVED.— 

15 Amounts received as reimbursement under paragraph 

16 (1) shall be credited to the fund or account that was 

17 used to cover the costs incurred by the Secretary in 

18 carrying out the conveyance. Amounts so credited 

19 shall be merged with amounts in such fund or account 

20 and shall be available for the same purposes, and sub21 ject to the same conditions and limitations, as 

22 amounts in such fund or account. 

23 (d) DESCRIPTIONOF REAL PROPERTY.—The exact 

24 acreage and legal description of the real property to be conVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
504 

•HR 5122 RH 

1 veyed under subsection (a) shall be determined by a survey 

2 satisfactory to the Secretary. 

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions 

5 in connection with the conveyance under subsection (a) as 

6 the Secretary considers appropriate to protect the interests 

7 of the United States. 

8 Subtitle E—Other Matters 

9 SEC. 2851. AVAILABILITY OF COMMUNITY PLANNING AS10 SISTANCE RELATING TO ENCROACHMENT OF 

11 CIVILIAN COMMUNITIES ON MILITARY FACILI12 TIES USED FOR TRAINING BY THE ARMED 

13 FORCES. 

14 Section 2391(d)(1) of title 10, United States Code, is 

15 amended by adding at the end the following new sentence: 

16 ‘‘For purposes of subsection (b)(1)(D), the term ‘military 

17 installation’ includes a military facility owned and oper18 ated by any of the several States, the District of Columbia, 

19 the Commonwealth of Puerto Rico, Guam, or the Virgin Is20 lands, even though the facility is not under the jurisdiction 

21 of the Department of Defense, if the Secretary of Defense 

22 determines that the military facility is subject to significant 

23 use for training by the armed forces.’’. 


sroberts on PROD1PC70 with BILLS
505 

•HR 5122 RH 

1 SEC. 2852. PROHIBITIONS AGAINST MAKING CERTAIN MILI2 TARY AIRFIELDS OR FACILITIES AVAILABLE 

3 FOR USE BY CIVIL AIRCRAFT. 

4 (a) PROHIBITIONS.—The Secretary of the Navy may 

5 not enter into any agreement concerning a military instal6 lation specified in subsection (b) that would— 

7 (1) authorize civil aircraft to regularly use an 

8 airfield or any other property at the installation; 

9 (2) convey any real property at the installation, 

10 including any airfield at the installation, for the pur11 pose of permitting the use of the property by civil air12 craft. 

13 (b) COVERED INSTALLATIONS.—The prohibitions in 

14 subsection (a) apply with respect to the following military 

15 installations: 

16 (1) Marine Corps Air Station, Camp Pendleton, 

17 California. 

18 (2) Marine Corps Air Station, Miramar, Cali19 fornia. 

20 (3) Marine Corps Base, Camp Pendleton, Cali21 fornia. 

22 (4) Naval Air Station, North Island, California. 

23 (c) REPEAL OF EXISTING LIMITED PROHIBITION.— 

24 Section 2894 of the Military Construction Authorization 

25 Act for Fiscal Year 1996 (division B of Public Law 104– 

26 106; 110 Stat. 592) is repealed. 


sroberts on PROD1PC70 with BILLS
506 

•HR 5122 RH 

1 SEC. 2853. NAMING HOUSING FACILITY AT FORT CARSON, 

2 COLORADO, IN HONOR OF JOEL HEFLEY, A 

3 MEMBER OF THE HOUSE OF REPRESENTA4 TIVES. 

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

6 (1) Representative Joel Hefley was elected to rep7 resent Colorado’s 5th Congressional district in 1986 

8 and has served in the House of Representatives since 

9 that time with distinction, class, integrity, and honor. 

10 (2) Representative Hefley has served on the Com11 mittee on Armed Services of the House of Representa12 tives for 18 years, including service as Chairman of 

13 the Subcommittee on Military Installations and Fa14 cilities from 1995 through 2000 and, since 2001, as 

15 Chairman of the Subcommittee on Readiness. 

16 (3) Representative Hefley’s colleagues know him 

17 to be a fair and effective lawmaker who works for the 

18 national interest while never forgetting his Western 

19 roots. 

20 (4) Representative Hefley’s efforts on the Com21 mittee on Armed Services have been instrumental to 

22 the military value of, and quality of life at, installa23 tions in the State of Colorado, including Fort Carson, 

24 Cheyenne Mountain, Peterson Air Force Base, 

25 Schriever Air Force Base, Buckley Air Force Base, 

26 and the United States Air Force Academy. 


sroberts on PROD1PC70 with BILLS
507 

•HR 5122 RH 

1 (5) Representative Hefley was a leader in efforts 

2 to retain and expand Fort Carson as an essential 

3 part of the national defense system during the Defense 

4 Base Closure and Realignment process. 

5 (6) Representative Hefley has consistently advo6 cated for providing members of the Armed Forces and 

7 their families with quality, safe, and affordable hous8 ing and supportive communities. 

9 (7) Representative Hefley spearheaded the Mili10 tary Housing Privatization Initiative to eliminate 

11 inadequate housing on military installations, with 

12 the first pilot program located at Fort Carson. 

13 (8) Representative Hefley’s leadership on the 

14 Military Housing Privatization Initiative has al15 lowed for the privatization of more than 121,000 

16 units of military family housing, which brought 

17 meaningful improvements to living conditions for 

18 thousands of members of the Armed Forces and their 

19 spouses and children at installations throughout the 

20 United States. 

21 (9) It is fitting and proper that an appropriate 

22 military family housing area or structure at Fort 

23 Carson be designated in honor of Representative 

24 Hefley, and it is further appropriate that division B 

25 of this Act, which authorizes funds for fiscal year 


sroberts on PROD1PC70 with BILLS
508 

•HR 5122 RH 

1 2007 for military construction projects, land acquisi2 tion, and family housing projects and facilities, be 

3 designated in honor of Representative Hefley. 

4 (b) DESIGNATION.—The Secretary of the Army shall 

5 designate one of the military family housing areas or facili6 ties constructed for Fort Carson, Colorado, using the au7 thority provided by subchapter IV of chapter 169 of title 

8 10, United States Code, as the ‘‘Joel Hefley Village’’. 

9 SEC. 2854. NAMING NAVY AND MARINE CORPS RESERVE 

10 CENTER AT ROCK ISLAND, ILLINOIS, IN 

11 HONOR OF LANE EVANS, A MEMBER OF THE 

12 HOUSE OF REPRESENTATIVES. 

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

14 (1) Representative Lane Evans was elected to the 

15 House of Representatives in 1982 and is now in his 

16 12th term representing the people of Illinois’ 17th 

17 Congressional district. 

18 (2) As a member of the Committee on Armed 

19 Services of the House of Representatives, Representa20 tive Evans has worked to bring common sense prior21 ities to defense spending and strengthen the military’s 

22 conventional readiness. 

23 (3) Representative Evans has been a tireless ad24 vocate for military veterans, ensuring that veterans 

25 receive the medical care they need and advocating for 


sroberts on PROD1PC70 with BILLS
509 

•HR 5122 RH 

1 individuals suffering from post-traumatic stress dis2 order and Gulf War Syndrome. 

3 (4) Representative Evans’ efforts to improve the 

4 transition of individuals from military service to the 

5 care of the Department of Veterans Affairs will con6 tinue to benefit generations of veterans long into the 

7 future. 

8 (5) Representative Evans is credited with bring9 ing new services to veterans living in his Congres10 sional district, including outpatient clinics in the 

11 Quad Cities and Quincy and the Quad-Cities Vet 

12 Center. 

13 (6) Representative Evans has worked with local 

14 leaders to promote the Rock Island Arsenal and has 

15 seen it win new jobs and missions through his sup16 port. 

17 (7) In honor of his service in the Marine Corps 

18 and to his district and the United States, it is fitting 

19 and proper that the Navy and Marine Corps Reserve 

20 Center at Rock Island Arsenal be named in honor of 

21 Representative Evans. 

22 (b) DESIGNATION.—The Navy and Marine Corps Re23 serve Center at Rock Island Arsenal, Illinois, shall be known 

24 and designated as the ‘‘Lane Evans Navy and Marine 

25 Corps Reserve Center’’. Any reference in a law, map, reguVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00509 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
510 

•HR 5122 RH 

1 lation, document, paper, or other record of the United 

2 States to the Navy and Marine Corps Reserve Center at 

3 Rock Island Arsenal shall be deemed to be a reference to 

4 the Lane Evans Navy and Marine Corps Reserve Center. 

5 SEC. 2855. NAMING OF RESEARCH LABORATORY AT AIR 

6 FORCE ROME RESEARCH SITE, ROME, NEW 

7 YORK, IN HONOR OF SHERWOOD L. BOEH8 LERT, A MEMBER OF THE HOUSE OF REP9 RESENTATIVES. 

10 The new laboratory building at the Air Force Rome 

11 Research Site, Rome, New York, shall be known and des12 ignated as the ‘‘Sherwood L. Boehlert Engineering Center’’. 

13 Any reference in a law, map, regulation, document, paper, 

14 or other record of the United States to such laboratory facil15 ity shall be deemed to be a reference to the Sherwood L. 

16 Boehlert Engineering Center. 

17 DIVISION C—DEPARTMENT OF 

18 ENERGY NATIONAL SECURITY 

19 AUTHORIZATIONS AND 

20 OTHER AUTHORIZATIONS 

21 TITLE XXXI—DEPARTMENT OF 

22 ENERGY NATIONAL SECURITY 

23 PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 


sroberts on PROD1PC70 with BILLS
511 

•HR 5122 RH 

Sec. 3104. Defense nuclear waste disposal. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Plan for transformation of National Nuclear Security Administration 

nuclear weapons complex. 

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

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

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

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

engineering, and technical personnel. 

Sec. 3116. National Academy of Sciences study of quantification of margins and 

uncertainty methodology for assessing and certifying the safety 

and reliability of the nuclear stockpile. 

Sec. 3117. Consolidation of counterintelligence programs of Department of Energy and National Nuclear Security Administration. 

1 Subtitle A—National Security 

2 Programs Authorizations 

3 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA4 TION. 

5 (a) AUTHORIZATIONOF APPROPRIATIONS.—Funds are 

6 hereby authorized to be appropriated to the Department of 

7 Energy for fiscal year 2007 for the activities of the National 

8 Nuclear Security Administration in carrying out programs 

9 necessary for national security in the amount of 

10 $9,265,811,000 to be allocated as follows: 

11 (1) For weapons activities, $6,467,889,000. 

12 (2) For defense nuclear nonproliferation activi13 ties, $1,616,213,000. 

14 (3) For naval reactors, $795,133,000. 

15 (4) For the Office of the Administrator for Nu16 clear Security, $386,576,000. 

17 (b) AUTHORIZATIONOF NEW PLANT PROJECTS.— 

18 From funds referred to in subsection (a) that are available 


sroberts on PROD1PC70 with BILLS
512 

•HR 5122 RH 

1 for carrying out plant projects, the Secretary of Energy 

2 may carry out the following new plant projects: 

3 (1) For weapons activities: 

4 Project 07–D–140, project engineering and 

5 design, various locations, $4,977,000. 

6 Project 07–D–220, Radioactive Liquid 

7 Waste Treatment Facility upgrade, Los Alamos 

8 National Laboratory, $14,828,000. 

9 Project 07–D–253, TA–1 Heating Systems 

10 Modernization, Facilities and Infrastructure Re11 capitalization Program, $14,500,000. 

12 (2) For defense nuclear nonproliferation activi13 ties: 

14 Project 07–SC–05, Physical Sciences Facil15 ity, Pacific Northwest National Laboratory, 

16 $4,220,000. 

17 (3) For naval reactors: 

18 Project 07–D–190, project engineering and 

19 design, Materials Research Technology Complex, 

20 $1,485,000. 

21 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

22 Funds are hereby authorized to be appropriated to the 

23 Department of Energy for fiscal year 2007 for defense envi24 ronmental cleanup activities in carrying out programs necVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00512 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
513 

•HR 5122 RH 

1 essary for national security in the amount of 

2 $5,440,312,000. 

3 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

4 Funds are hereby authorized to be appropriated to the 

5 Department of Energy for fiscal year 2007 for other defense 

6 activities in carrying out programs necessary for national 

7 security in the amount of $717,788,000. 

8 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

9 Funds are hereby authorized to be appropriated to the 

10 Department of Energy for fiscal year 2007 for defense nu11 clear waste disposal for payment to the Nuclear Waste Fund 

12 established in section 302(c) of the Nuclear Waste Policy 

13 Act of 1982 (42 U.S.C. 10222(c)) in the amount of 

14 $388,080,000. 

15 Subtitle B—Program Authoriza16 tions, Restrictions, and Limita17 tions 

18 SEC. 3111. PLAN FOR TRANSFORMATION OF NATIONAL NU19 CLEAR SECURITY ADMINISTRATION NUCLEAR 

20 WEAPONS COMPLEX. 

21 (a) PLAN REQUIRED.—Subtitle A of title XLII of the 

22 Atomic Energy Defense Act (division D of Public Law 107– 

23 314) is amended by inserting after section 4213 (50 U.S.C. 

24 2533) the following new section: 


sroberts on PROD1PC70 with BILLS
514 

•HR 5122 RH 

1 ‘‘SEC. 4214. PLAN FOR TRANSFORMATION OF NATIONAL NU2 CLEAR SECURITY ADMINISTRATION NUCLEAR 

3 WEAPONS COMPLEX. 

4 ‘‘(a) PLAN REQUIRED.—The Secretary of Energy and 

5 the Secretary of Defense shall develop a plan to transform 

6 the nuclear weapons complex so as to achieve a responsive 

7 infrastructure by 2030. The plan shall be designed to ac8 complish the following objectives: 

9 ‘‘(1) To maintain the safety, reliability, and se10 curity of the United States nuclear weapons stockpile. 

11 ‘‘(2) To continue Stockpile Life Extension Pro12 grams that the Nuclear Weapons Council considers 

13 necessary. 

14 ‘‘(3) To prepare to produce replacement war15 heads under the Reliable Replacement Warhead pro16 gram at a rate necessary to meet future stockpile re17 quirements, commencing with a first production unit 

18 in 2012 and achieving steady-state production using 

19 modern manufacturing processes by 2025. 

20 ‘‘(4) To eliminate, within the nuclear weapons 

21 complex, duplication of production capability except 

22 to the extent required to ensure the safety, reliability, 

23 and security of the stockpile. 

24 ‘‘(5) To maintain the current philosophy within 

25 the national security laboratories of peer review of 

26 nuclear weapons designs while eliminating duplicaVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00514 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
515 

•HR 5122 RH 

1 tion of laboratory capabilities except to the extent re2 quired to ensure the safety, reliability, and security of 

3 the stockpile. 

4 ‘‘(6) To maintain the national security mission, 

5 and in particular the science-based Stockpile Stew6 ardship Program, as the primary mission of the na7 tional security laboratories while optimizing the 

8 work-for-others activities of those laboratories to sup9 port other national security objectives in fields such 

10 as intelligence and homeland security. 

11 ‘‘(7) To consolidate to the maximum extent prac12 ticable, and to provide for the ultimate disposition of, 

13 special nuclear material throughout the nuclear weap14 ons complex, with the ultimate goal of eliminating 

15 Category I and II special nuclear material from the 

16 national security laboratories no later than March 1, 

17 2010, so as to further reduce the footprint of the nu18 clear weapons complex, reduce security costs, and re19 duce transportation costs for special nuclear material. 

20 ‘‘(8) To employ a risk-based approach to ensure 

21 compliance with Design Basis Threat security re22 quirements. 

23 ‘‘(9) To expeditiously dismantle inactive nuclear 

24 weapons to reduce the size of the stockpile to the low25 est level required by the Nuclear Weapons Council. 


sroberts on PROD1PC70 with BILLS
516 

•HR 5122 RH 

1 ‘‘(10) To operate the nuclear weapons complex in 

2 a more cost-effective manner. 

3 ‘‘(b) REPORT.—Not later than February 1, 2007, the 

4 Secretary of Energy and Secretary of Defense shall submit 

5 to the congressional defense committees a report on the 

6 transformation plan required by subsection (a). The report 

7 shall address each of the objectives required by subsection 

8 (c) and also include each of the following: 

9 ‘‘(1) A comprehensive list of the capabilities, fa10 cilities, and project staffing that the National Nuclear 

11 Security Administration will need to have in place at 

12 the nuclear weapons complex as of 2030 to meet the 

13 requirements of the transformation plan. 

14 ‘‘(2) a comprehensive list of the capabilities and 

15 facilities that the National Nuclear Security Adminis16 tration currently has in place at the nuclear weapons 

17 complex that will not be needed as of 2030 to meet 

18 the requirements of the transformation plan. 

19 ‘‘(3) A plan for implementing the transformation 

20 plan, including a schedule with incremental mile21 stones. 

22 ‘‘(c) CONSULTATION.—The Secretary of Energy and 

23 the Secretary of Defense shall develop the transformation 

24 plan required by subsection (a) in consultation with the Nu25 clear Weapons Council. 


sroberts on PROD1PC70 with BILLS
517 

•HR 5122 RH 

1 ‘‘(d) DEFINITION.—In this section, the term ‘national 

2 security laboratory’ has the meaning given such term in 

3 section 3281 of the National Nuclear Security Administra4 tion Act (50 U.S.C. 2471).’’. 

5 (b) INCLUSION IN FUTURE-YEARS NUCLEAR SECURITY

6 PROGRAM.—Section 3253 of the National Nuclear Security 

7 Administration Act (50 U.S.C. 2453) is amended in sub8 section (b) by adding at the end the following new para9 graph: 

10 ‘‘(5) A statement of proposed budget authority, 

11 estimated expenditures, and proposed appropriations 

12 necessary to support the programs required to imple13 ment the plan to transform the nuclear weapons com14 plex under section 4214 of the Atomic Energy Defense 

15 Act, together with a detailed description of how the 

16 funds identified for each program element specified 

17 pursuant to paragraph (1) in the budget for the Ad18 ministration for each fiscal year during that five-fis19 cal-year period will help ensure that those programs 

20 are implemented. The statement shall assume year-to21 year funding profiles that account for increases only 

22 for projected inflation.’’. 


sroberts on PROD1PC70 with BILLS
518 

•HR 5122 RH 

1 SEC. 3112. EXTENSION OF FACILITIES AND INFRASTRUC2 TURE RECAPITALIZATION PROGRAM. 

3 Section 3114 of the National Defense Authorization 

4 Act for Fiscal Year 2004 (Public Law 108–136; 50 U.S.C. 

5 2453 note), as amended by section 3113 of the Ronald W. 

6 Reagan National Defense Authorization Act for Fiscal Year 

7 2005 (Public Law 108–375; 118 Stat. 2160), is amended— 

8 (1) in subsection (a)(3)(F), by striking ‘‘2011’’ 

9 and inserting ‘‘2013’’; and 

10 (2) in subsection (b), by striking ‘‘2011’’ and in11 serting ‘‘2013’’. 

12 SEC. 3113. UTILIZATION OF CONTRIBUTIONS TO GLOBAL 

13 THREAT REDUCTION INITIATIVE. 

14 Section 3132 of the Ronald W. Reagan National De15 fense Authorization Act for Fiscal Year 2005 (Public Law 

16 108–375; 118 Stat. 2166; 50 U.S.C. 2569) is amended— 

17 (1) by redesignating subsection (f) as subsection 

18 (g); and 

19 (2) by adding after subsection (e) the following 

20 new subsection: 

21 ‘‘(f) PARTICIPATIONBY OTHER GOVERNMENTS AND

22 ORGANIZATIONS.— 

23 ‘‘(1) INGENERAL.—The Secretary of Energy 

24 may, with the concurrence of the Secretary of State, 

25 enter into one or more agreements with any person 

26 (including a foreign government, international orgaVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00518 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
519 

•HR 5122 RH 

1 nization, or multinational entity) that the Secretary 

2 of Energy considers appropriate under which the per3 son contributes funds for purposes of the program 

4 under this section. 

5 ‘‘(2) RETENTION AND USE OF AMOUNTS.—The 

6 Secretary of Energy may retain and use amounts 

7 contributed under an agreement under paragraph (1) 

8 for purposes of the program under this section. 

9 Amounts so contributed shall be retained in a sepa10 rate fund established in the Treasury for such pur11 poses and shall be available until expended, without 

12 further appropriation, for such purposes.’’. 

13 SEC. 3114. UTILIZATION OF CONTRIBUTIONS TO SECOND 

14 LINE OF DEFENSE PROGRAM. 

15 (a) IN GENERAL.—The Secretary of Energy may, with 

16 the concurrence of the Secretary of State, enter into one or 

17 more agreements with any person (including a foreign gov18 ernment, international organization, or multinational enti19 ty) that the Secretary of Energy considers appropriate 

20 under which the person contributes funds for purposes of 

21 the Second Line of Defense program of the National Nuclear 

22 Security Administration. 

23 (b) RETENTION AND USE OF AMOUNTS.—The Sec24 retary of Energy may retain and use amounts contributed 

25 under an agreement under subsection (a) for purposes of 


sroberts on PROD1PC70 with BILLS
520 

•HR 5122 RH 

1 the Second Line of Defense program. Amounts so contrib2 uted shall be retained in a separate fund established in the 

3 Treasury for such purposes and shall be available until ex4 pended, without further appropriation, for such purposes. 

5 (c) TERMINATION OF AUTHORITY.—The authority to 

6 accept contributions under subsection (a) terminates De7 cember 31, 2013. 

8 SEC. 3115. TWO-YEAR EXTENSION OF AUTHORITY FOR AP9 POINTMENT OF CERTAIN SCIENTIFIC, ENGI10 NEERING, AND TECHNICAL PERSONNEL. 

11 Section 4601(c)(1) of the Atomic Energy Defense Act 

12 (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘September 

13 30, 2006’’ and inserting ‘‘September 30, 2008’’. 

14 SEC. 3116. NATIONAL ACADEMY OF SCIENCES STUDY OF 

15 QUANTIFICATION OF MARGINS AND UNCER16 TAINTY METHODOLOGY FOR ASSESSING AND 

17 CERTIFYING THE SAFETY AND RELIABILITY 

18 OF THE NUCLEAR STOCKPILE. 

19 (a) STUDY REQUIRED.—The Secretary of Energy 

20 shall, as soon as practicable and no later than 120 days 

21 after the date of the enactment of this Act, enter into an 

22 arrangement with the National Research Council of the Na23 tional Academy of Sciences for the Council to carry out a 

24 study of the quantification of margins and uncertainty 

25 methodology used by the national security laboratories for 


sroberts on PROD1PC70 with BILLS
521 

•HR 5122 RH 

1 assessing and certifying the safety and reliability of the nu2 clear stockpile. 

3 (b) MATTERS INCLUDED.—The study required by sub4 section (a) shall evaluate the following: 

5 (1) The use of the quantification of margins and 

6 uncertainty methodology by the national security lab7 oratories, including underlying assumptions of weap8 ons performance and the ability of modeling and sim9 ulation tools to predict nuclear explosive package 

10 characteristics. 

11 (2) The manner in which that methodology is 

12 used to conduct the annual assessments of the nuclear 

13 weapons stockpile. 

14 (3) How the use of that methodology compares 

15 and contrasts between the national security labora16 tories. 

17 (4) The process by which conflicts between the 

18 national security laboratories in the application of 

19 that methodology are resolved. 

20 (5) An assessment of whether the application of 

21 the quantification of margins and uncertainty used 

22 for annual assessments and certification of the nu23 clear weapons stockpile can be applied to the planned 

24 Reliable Replacement Warhead program so as to 

25 carry out the objective of that program to reduce the 


sroberts on PROD1PC70 with BILLS
522 

•HR 5122 RH 

1 likelihood of the resumption of underground testing of 

2 nuclear weapons. 

3 (c) REPORT.— 

4 (1) INGENERAL.—Not later than one year after 

5 the date on which the arrangement required by sub6 section (a) is entered into, the National Research 

7 Council shall submit to the Secretary of Energy and 

8 the congressional committees specified in paragraph 

9 (2), a report on the study that addresses the matters 

10 listed in subsection (b) and any other matters consid11 ered by the National Research Council to be relevant 

12 to the use of the quantification of margins and uncer13 tainty methodology in assessing the current or future 

14 nuclear weapons stockpile. 

15 (2) SPECIFIED COMMITTEES.—The congressional 

16 committees referred to in paragraph (1) are the fol17 lowing: 

18 (A) The Committee on Armed Services of 

19 the Senate. 

20 (B) The Committee on Armed Services of 

21 the House of Representatives. 

22 (d) PROVISIONOF INFORMATION.—The Secretary of 

23 Energy shall, in a timely manner, make available to the 

24 National Research Council all information that the NaVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
523 

•HR 5122 RH 

1 tional Research Council considers necessary to carry out its 

2 responsibilities under this section. 

3 (e) FUNDING.—Of the amounts made available to the 

4 Department of Energy pursuant to the authorization of ap5 propriations in section 3101, $2,000,000 shall be available 

6 only for carrying out the study required by this section. 

7 SEC. 3117. CONSOLIDATION OF COUNTERINTELLIGENCE 

8 PROGRAMS OF DEPARTMENT OF ENERGY AND 

9 NATIONAL NUCLEAR SECURITY ADMINISTRA10 TION. 

11 (a) TRANSFER OF FUNCTIONS.—The functions, per12 sonnel, funds, assets, and other resources of the Office of 

13 Defense Nuclear Counterintelligence of the National Nuclear 

14 Security Administration are transferred to the Secretary of 

15 Energy, to be administered (except to any extent otherwise 

16 directed by the Secretary) by the Director of the Office of 

17 Counterintelligence of the Department of Energy. 

18 (b) NNSA COUNTERINTELLIGENCE OFFICE ABOL19 ISHED.— 

20 (1) INGENERAL.—Section 3232 of the National 

21 Nuclear Security Administration Act (50 U.S.C. 

22 3232) is amended— 

23 (A) by amending the heading to read as fol24 lows: 


sroberts on PROD1PC70 with BILLS
524 

•HR 5122 RH 

1 ‘‘SEC. 3232. OFFICE OF DEFENSE NUCLEAR SECURITY.’’; 

2 (B) by striking subsection (a) and inserting 

3 the following new subsection (a): 

4 ‘‘(a) ESTABLISHMENT.—There is within the Adminis5 tration an Office of Defense Nuclear Security, headed by 

6 a Chief appointed by the Secretary of Energy. The Admin7 istrator shall recommend to the Secretary suitable can8 didates for such position.’’; 

9 (C) by striking subsection (b); and 

10 (D) by redesignating subsection (c) as sub11 section (b). 

12 (2) CONFORMING AMENDMENT.—The table of sec13 tions at the beginning of the National Nuclear Secu14 rity Administration Act is amended by striking the 

15 item relating to section 3232 and inserting the fol16 lowing new item: 

‘‘Sec. 3232. Office of Defense Nuclear Security.’’. 

17 (c) COUNTERINTELLIGENCE PROGRAMS AT NNSA FA18 CILITIES.—Section 3233 of the National Nuclear Security 

19 Administration Act (50 U.S.C. 2423) is amended— 

20 (1) in each of subsections (a) and (b), by striking 

21 ‘‘The Administrator shall’’ and inserting ‘‘The Sec22 retary of Energy shall’’; and 

23 (2) in subsection (b), by striking ‘‘Office of De24 fense Nuclear Counterintelligence’’ and inserting ‘‘OfVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00524 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
525 

•HR 5122 RH 

1 fice of Counterintelligence of the Department of En2 ergy’’. 

3 (d) STATUS OF NNSA INTELLIGENCE AND COUNTER4 INTELLIGENCE PERSONNEL.—Section 3220 of the National 

5 Nuclear Security Administration Act (50 U.S.C. 2410) is 

6 amended by adding at the end the following new subsection: 

7 ‘‘(e) STATUS OF INTELLIGENCE AND COUNTERINTEL8 LIGENCE PERSONNEL.—Notwithstanding the restrictions of 

9 subsections (a) and (b), each officer or employee of the Ad10 ministration, or of a contractor of the Administration, who 

11 is carrying out activities related to intelligence or counter12 intelligence shall, in carrying out those activities, be subject 

13 to the authority, direction, and control of the Secretary of 

14 Energy or the Secretary’s delegate.’’. 

15 (e) SERVICE FROM WHICH DOE INTELLIGENCE DI16 RECTOR AND COUNTERINTELLIGENCE DIRECTOR AP17 POINTED.—Section 215(b)(1) (42 U.S.C. 7144b(b)(1)) and 

18 section 216(b)(1) (42 U.S.C. 7144c(b)(1)) of the Department 

19 of Energy Organization Act are each amended by striking 

20 ‘‘which shall be a position in the Senior Executive Service’’ 

21 and inserting ‘‘who shall be an employee in the Senior Ex22 ecutive Service, the Senior Intelligence Service, the Senior 

23 National Intelligence Service, or any other Service that the 

24 Secretary, in coordination with the Director of National In25 telligence, considers appropriate’’. 


sroberts on PROD1PC70 with BILLS
526 

•HR 5122 RH 

1 (f) INTELLIGENCE EXECUTIVE COMMITTEE; BUDGET

2 FOR INTELLIGENCE AND COUNTERINTELLIGENCE.—Section 

3 214 of the Department of Energy Organization Act (42 

4 U.S.C. 7144a) is amended— 

5 (1) by inserting ‘‘(a)’’ before ‘‘The Secretary 

6 shall be responsible’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(b)(1) There is within the Department an Intelligence 

9 Executive Committee. The Committee shall consist of the 

10 Deputy Secretary of Energy, who shall chair the Com11 mittee, and each Under Secretary of Energy. 

12 ‘‘(2) The Committee shall be staffed by the Director 

13 of the Office of Intelligence and the Director of the Office 

14 of Counterintelligence. 

15 ‘‘(3) The Secretary shall use the Committee to assist 

16 in developing and promulgating the counterintelligence and 

17 intelligence policies, requirements, and priorities of the De18 partment. 

19 ‘‘(c) In the budget justification materials submitted to 

20 Congress in support of each budget submitted by the Presi21 dent to Congress under title 31, United States Code, the 

22 amounts requested for the Department for intelligence func23 tions and the amounts requested for the Department for 

24 counterintelligence functions shall each be specified in ap25 propriately classified individual, dedicated program eleVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00526 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
527 

•HR 5122 RH 

1 ments. Within the amounts requested for counterintelligence 

2 functions, the amounts requested for the National Nuclear 

3 Security Administration shall be specified separately from 

4 the amounts requested for other elements of the Depart5 ment.’’. 

6 (g) REPORT.—Not later than 1 year after the date of 

7 the enactment of this Act, the Inspector General of the De8 partment of Energy shall submit to Congress a report on 

9 the implementation of this section and of the amendments 

10 required by this section. The report shall include the Inspec11 tor General’s evaluation of that implementation. 

12 TITLE XXXII—DEFENSE NU13 CLEAR FACILITIES SAFETY 

14 BOARD 

Sec. 3201. Authorization. 

15 SEC. 3201. AUTHORIZATION. 

16 There are authorized to be appropriated for fiscal year 

17 2007, $22,260,000 for the operation of the Defense Nuclear 

18 Facilities Safety Board under chapter 21 of the Atomic En19 ergy Act of 1954 (42 U.S.C. 2286 et seq.). 

20 TITLE XXXIII—NATIONAL 

21 DEFENSE STOCKPILE 

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

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


sroberts on PROD1PC70 with BILLS
528 

•HR 5122 RH 

1 SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE 

2 STOCKPILE FUNDS. 

3 (a) OBLIGATIONOF STOCKPILE FUNDS.—During fis4 cal year 2007, the National Defense Stockpile Manager may 

5 obligate up to $52,132,000 of the funds in the National De6 fense Stockpile Transaction Fund established under sub7 section (a) of section 9 of the Strategic and Critical Mate8 rials Stock Piling Act (50 U.S.C. 98h) for the authorized 

9 uses of such funds under subsection (b)(2) of such section, 

10 including the disposal of hazardous materials that are envi11 ronmentally sensitive. 

12 (b) ADDITIONAL OBLIGATIONS.—The National Defense 

13 Stockpile Manager may obligate amounts in excess of the 

14 amount specified in subsection (a) if the National Defense 

15 Stockpile Manager notifies Congress that extraordinary or 

16 emergency conditions necessitate the additional obligations. 

17 The National Defense Stockpile Manager may make the ad18 ditional obligations described in the notification after the 

19 end of the 45-day period beginning on the date on which 

20 Congress receives the notification. 

21 (c) LIMITATIONS.—The authorities provided by this 

22 section shall be subject to such limitations as may be pro23 vided in appropriations Acts. 


sroberts on PROD1PC70 with BILLS
529 

•HR 5122 RH 

1 SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES 

2 FOR PREVIOUSLY AUTHORIZED DISPOSALS 

3 FROM NATIONAL DEFENSE STOCKPILE. 

4 (a) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Sec5 tion 3303(a) of the Strom Thurmond National Defense Au6 thorization Act for Fiscal Year 1999 (Public Law 105–261; 

7 50 U.S.C. 98d note), as amended by section 3302 of the 

8 Ronald W. Reagan National Defense Authorization Act for 

9 Year 2005 (Public Law 108–375; 118 Stat. 2193) and sec10 tion 3302 of the National Defense Authorization Act for Fis11 cal Year 2006 (Public Law 109–163; 119 Stat. 3545), is 

12 amended— 

13 (1) by striking ‘‘and’’ at the end of paragraph 

14 (5); and 

15 (2) by striking the period at the end of para16 graph (6) and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following new para18 graph: 

19 ‘‘(7) $1,365,000,000 by the end of fiscal year 

20 2014.’’. 

21 (b) FISCAL YEAR 1998 DISPOSAL AUTHORITY.—Sec22 tion 3305(a)(5) of the National Defense Authorization Act 

23 for Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. 98d 

24 note), as amended by section 3305 of the National Defense 

25 Authorization Act for Fiscal Year 2002 (Public Law 107– 


sroberts on PROD1PC70 with BILLS
530 

•HR 5122 RH 

1 107; 115 Stat. 1390), is amended by striking ‘‘2006’’ and 

2 inserting ‘‘2008’’. 

3 (c) FISCAL YEAR 1997 DISPOSAL AUTHORITY.—Sec4 tion 3303 of the National Defense Authorization Act for Fis5 cal Year 1997 (Public Law 104–201; 50 U.S.C. 98d note), 

6 as amended by section 3402(f) of the National Defense Au7 thorization Act for Year 2000 (Public Law 106–65; 113 

8 Stat. 973) and section 3304(c) of the National Defense Au9 thorization Act for 2002 (Public Law 107–107; 115 Stat. 

10 1390), is amended— 

11 (1) in subsection (a), by striking paragraph (2) 

12 and inserting the following new paragraph (2): 

13 ‘‘(2) $720,000,000 during the 12-fiscal year pe14 riod ending September 30, 2008.’’; and 

15 (2) in subsection (b)(2), by striking ‘‘the 10-fis16 cal year period’’ and inserting ‘‘the period’’. 

17 TITLE XXXIV—NAVAL 

18 PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

19 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) AMOUNT.—There are hereby authorized to be ap21 propriated to the Secretary of Energy $18,810,000 for fiscal 

22 year 2007 for the purpose of carrying out activities under 

23 chapter 641 of title 10, United States Code, relating to the 

24 naval petroleum reserves. 


sroberts on PROD1PC70 with BILLS
531 

•HR 5122 RH 

1 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

2 pursuant to the authorization of appropriations in sub3 section (a) shall remain available until expended. 

4 TITLE XXXV—MARITIME 

5 ADMINISTRATION 

6 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS7 CAL YEAR 2007. 

8 Funds are hereby authorized to be appropriated for fis9 cal year 2007, to be available without fiscal year limitation 

10 if so provided in appropriations Acts, for the use of the De11 partment of Transportation for the Maritime Administra12 tion as follows: 

13 (1) For expenses necessary for operations and 

14 training activities, $138,647,000, of which 

15 $19,500,000 shall be available only for paying reim16 bursement under section 3517 of the Maritime Secu17 rity Act of 2003 (46 U.S.C. 53101 note). 

18 (2) For expenses to dispose of obsolete vessels in 

19 the National Defense Reserve Fleet, including provi20 sion of assistance under section 7 of Public Law 92– 

21 402, $25,740,000. 

22 SEC. 3502. LIMITATION ON TRANSFER OF MARITIME SECU23 RITY FLEET OPERATING AGREEMENTS. 

24 Section 53105(e) of title 46, United States Code, is 

25 amended— 


sroberts on PROD1PC70 with BILLS
532 

•HR 5122 RH 

1 (1) by inserting ‘‘(1) IN GENERAL.—’’ before the 

2 first sentence; 

3 (2) by moving paragraph (1) (as designated by 

4 the amendment made by paragraph (1) of this sub5 section) so as to appear immediately below the head6 ing for such subsection, and 2 ems to the right; and 

7 (3) by adding at the end the following: 

8 ‘‘(2) LIMITATION.—The Secretary of Defense 

9 may not approve under paragraph (1) transfer of an 

10 operating agreement to a person that is not a citizen 

11 of the United States under section 2 of the Shipping 

12 Act, 1916 (46 U.S.C. App. 802), unless the Secretary 

13 of Defense determines that there is no person who is 

14 a citizen under such section and is interested in ob15 taining the operating agreement for a vessel that is 

16 otherwise eligible to be included in the Fleet under 

17 section 53102(b).’’. 

18 SEC. 3503. APPLICABILITY TO CERTAIN MARITIME ADMINIS19 TRATION VESSELS OF LIMITATIONS ON OVER20 HAUL, REPAIR, AND MAINTENANCE OF VES21 SELS IN FOREIGN SHIPYARDS. 

22 Section 11 of the Merchant Ship Sales Act of 1946 (50 

23 U.S.C. App. 1744) is amended by inserting after subsection 

24 (c) the following: 


sroberts on PROD1PC70 with BILLS
533 

•HR 5122 RH 

1 ‘‘(d) APPLICABILITY OF LIMITATIONS ON OVERHAUL, 

2 REPAIR, AND MAINTENANCE IN FOREIGN SHIPYARDS.— 

3 ‘‘(1) APPLICATIONOF LIMITATION.—The provi4 sions of section 7310 of title 10, United States Code, 

5 shall apply to vessels specified in subsection (b), and 

6 to the Secretary of Transportation with respect to 

7 those vessels, in the same manner as those provisions 

8 apply to vessels specified in subsection (b) of such sec9 tion, and to the Secretary of the Navy, respectively. 

10 ‘‘(2) COVERED VESSELS.—Vessels specified in 

11 this paragraph are vessels maintained by the Sec12 retary of Transportation in support of the Depart13 ment of Defense, including any vessel assigned by the 

14 Secretary of Transportation to the Ready Reserve 

15 Force that is owned by the United States.’’. 

16 SEC. 3504. VESSEL TRANSFER AUTHORITY. 

17 The Secretary of Transportation may transfer or oth18 erwise make available without reimbursement to any other 

19 department a vessel under the jurisdiction of the Depart20 ment of Transportation, upon request by the Secretary of 

21 the department that receives the vessel. 


sroberts on PROD1PC70 with BILLS
534 

•HR 5122 RH 

1 SEC. 3505. UNITED STATES MERCHANT MARINE ACADEMY 

2 GRADUATES: ALTERNATE SERVICE REQUIRE3 MENTS. 

4 (a) SERVICE ON ACTIVE DUTY.—Section 1303(e) of the 

5 Merchant Marine Act, 1936 (46 U.S.C. App. 1295b(e)) is 

6 amended by adding at the end the following: 

7 ‘‘(6)(A) An individual who for the 5-year period fol8 lowing graduation from the Academy, serves as a commis9 sioned officer on active duty in an armed force of the United 

10 States or as a commissioned officer in the National Oceanic 

11 and Atmospheric Administration shall be excused from the 

12 requirements of subparagraphs (C), (D), and (E) of para13 graph (1). 

14 ‘‘(B) The Secretary may modify or waive any of the 

15 terms and conditions set forth in paragraph (1) through 

16 the imposition of alternative service requirements.’’. 

17 (b) APPLICATION.—Paragraph (6) of section 1303(e) 

18 of the Merchant Marine Act, 1936 (46 U.S.C. App. 

19 1295b(e)), as added by this subsection, applies only to an 

20 individual who enrolls as a cadet at the United States Mer21 chant Marine Academy, and signs an agreement under sec22 tion paragraph (1) of that section, after the date of the en23 actment of this Act. 


sroberts on PROD1PC70 with BILLS
535 

•HR 5122 RH 

1 SEC. 3506. UNITED STATES MERCHANT MARINE ACADEMY 

2 GRADUATES: SERVICE OBLIGATION PER3 FORMANCE REPORTING REQUIREMENT. 

4 (a) IN GENERAL.—Section 1303(e) of the Merchant 

5 Marine Act, 1936 (46 U.S.C. App. 1295b(e)) is further 

6 amended by adding at the end the following: 

7 ‘‘(7)(A) Subject to any otherwise applicable restric8 tions on disclosure in section 552a of title 5, United States 

9 Code, the Secretary of Defense or the Secretary of the de10 partment in which the Coast Guard is operating, and the 

11 Administrator of the National Oceanic and Atmospheric 

12 Administration— 

13 ‘‘(i) shall report the status of obligated serv14 ice of an individual graduate of the Academy 

15 upon request of the Secretary; and 

16 ‘‘(ii) may, in their discretion, notify the 

17 Secretary of any failure of the graduate to per18 form the graduate’s duties, either on active duty 

19 or in the Ready Reserve component of their re20 spective service, or as a commissioned officer of 

21 the National Oceanic and Atmospheric Adminis22 tration, respectively. 

23 ‘‘(B) A report or notice under subparagraph (A) shall 

24 identify any graduate determined to have failed to comply 

25 with service obligation requirements and provide all reVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00535 Fmt 6652 Sfmt 6203 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS
536 

•HR 5122 RH 

1 quired information as to why such graduate failed to com2 ply. 

3 ‘‘(C) Upon receipt of such a report or notice, such 

4 graduate may be considered to be in default of the grad5 uate’s service obligations by the Secretary, and subject to 

6 all remedies the Secretary may have with respect to such 

7 a default.’’. 

8 (b) APPLICATION.—The amendment made by this sec9 tion does not apply with respect to an agreement entered 

10 into under section 1303(e) of the Merchant Marine Act, 

11 1936 (46 U.S.C. 1295b(e)) before the date of the enactment 

12 of this Act. 

13 SEC. 3507. TEMPORARY AUTHORITY TO TRANSFER OBSO14 LETE COMBATANT VESSELS TO NAVY FOR 

15 DISPOSAL. 

16 The Secretary of Transportation shall, subject to the 

17 availability of appropriations and consistent with section 

18 1535 of title 31, United States Code, popularly known as 

19 the Economy Act, transfer to the Secretary of the Navy dur20 ing fiscal year 2006 for disposal by the Navy, no fewer than 

21 6 combatant vessels in the nonretention fleet of the Maritime 

22 Administration that are acceptable to the Secretary of the 

23 Navy. 


sroberts on PROD1PC70 with BILLS
537 

•HR 5122 RH 

1 SEC. 3508. TEMPORARY REQUIREMENT TO MAINTAIN 

2 READY RESERVE FORCE. 

3 (a) REPORT TO CONGRESS.—The Secretary of Defense, 

4 in consultation with the Secretary of Transportation, shall 

5 submit to Congress by not later than March 1, 2007, a re6 port describing a five-year plan for maintaining the capa7 bility of the Ready Reserve Force of the National Defense 

8 Reserve Fleet necessary to support Department of Defense 

9 wartime missions and support to civil authority missions. 

10 (b) REQUIREMENT TO MAINTAIN THE READY RESERVE

11 FORCE AT CURRENT STRENGTH.—The Secretary of Trans12 portation shall maintain 58 vessels in the Ready Reserve 

13 Force of the National Defense Reserve Fleet until the end 

14 of the 45-day period beginning on the date the report re15 quired under subsection (a) is submitted to Congress. 

Amend the title so as to read: ‘‘A bill 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.’’. 


sroberts on PROD1PC70 with BILLS
Union Calendar No. 253 

109TH CONGRESS 

2D SESSION H. R. 5122 

[Report No. 109

–452] 

A BILL 

To authorize appropriations for fiscal year 2007 for 

cal year 2007, and for other purposes. to prescribe military personnel strengths for fismilitary activities of the Department of Defense, 

MAY 5, 2006 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Aug 31 2005 18:59 May 06, 2006 Jkt 049200 PO 00000 Frm 00538 Fmt 6651 Sfmt 6651 E:\BILLS\H5122.RH H5122

sroberts on PROD1PC70 with BILLS