II 

Calendar No. 431 

109TH CONGRESS 

2D SESSION H. R. 5122 

IN THE SENATE OF THE UNITED STATES 

MAY 15, 2006 

Received; read twice and placed on the calendar 

AN ACT 

To authorize appropriations for fiscal year 2007 for military 

activities of the Department of Defense, for military 

construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths 

for such fiscal year, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘G. V. ‘Sonny’ Mont5 gomery National Defense Authorization Act for Fiscal 

6 Year 2007’’. 


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

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into three divi4 sions as follows: 

5 (1) Division A—Department of Defense Au6 thorizations. 

7 (2) Division B—Military Construction Author8 izations. 

9 (3) Division C—Department of Energy Na10 tional Security Authorizations and Other Authoriza11 tions. 

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

13 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. 

Sec. 115. Funding for call for fire trainer/joint fires and effects trainer system. 

Subtitle C—Navy Programs 

Sec. 121. Attack submarine force structure. 


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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. 

Sec. 137. Air Force program. 

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. 

Sec. 223. High altitude air ship program. 

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 


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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. 

Sec. 316. Report regarding scope of perchlorate contamination at formerly used 

defense sites. 

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. 

Sec. 324. Report on CH–47 helicopter reset. 

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 


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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. 

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. 


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Sec. 526. Special operations fellowships. 

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. 

Sec. 534. Report on using six-month deployments for Operation Enduring 

Freedom and Operation Iraqi Freedom. 

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 


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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. 

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 

Low-Density, 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. 

Sec. 595. Inclusion in annual Department of Defense report on sexual assaults 

of information on results of disciplinary actions. 

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. 


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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. 

Sec. 624. Elimination of inequity in eligibility and provision of assignment incentive pay. 

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. 

Sec. 644. Study on retention of members of the Armed Forces within special 

operations command. 

Sec. 645. Sense of Congress concerning eligibility of certain additional dependent children for annuities under military survivor benefit plan. 

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, 

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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 for provision of 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. 

Sec. 664. Phased recovery of overpayments of pay made to members of the 

Uniformed Services. 

Sec. 665. Sense of Congress calling for payment to World War II veterans who 

survived Bataan Death March. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE Program Improvements 

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

or domestic violence. 

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

Sec. 703. Improvements to descriptions of cancer screening. 

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. 

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


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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. 

Sec. 814. Establishment of Panel on Contracting Integrity. 

Sec. 815. Award and incentive fee contract standards. 

Sec. 816. Oversight and accountability of contractor personnel. 

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. 


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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 

on-site 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. 

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 lowerthan-expected 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. 


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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. 

Sec. 1026. Assignment of Members of the Armed Forces to assist Bureau of 

Customs and Border Protection and United States Immigration and Customs Enforcement. 

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. 

Sec. 1041. Authorization to expire clearances revoked. 

Sec. 1042. Report on Department of Defense response to threat posed by improvised explosive devices. 

Sec. 1043. Determination of Department of Defense intratheater and intertheater airlift and sealift mobility requirements. 

Sec. 1044. Department of Defense operational plans for Armed Forces support 

for civil authorities. 

Sec. 1045. Requirement that all military wheeled vehicles used in Iraq and Afghanistan outside of military compounds be equipped with effective improvised explosive device (IED) jammers. 


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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. 

Sec. 1222. Humanitarian support for Iraqi children in urgent need of medical 

care. 

Sec. 1223. Sense of Congress concerning cooperation with Russia on issues pertaining to missile defense. 

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. 

TITLE XIV—HOMELAND DEFENSE TECHNOLOGY TRANSFER 

Sec. 1401. Short title. 

Sec. 1402. Findings. 


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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. 

Sec. 2405. Authorization of appropriations, Defense Agencies. 

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

projects. 


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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. 

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

real property within the department and to other Federal agencies. 


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

by condemnation for military purposes. 

Sec. 2826. Defense access road program. 

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. 

Sec. 2844. Land conveyance, North Hills Army Reserve Center, Allison Park, 

Pennsylvania. 

Sec. 2845. Modifications to land conveyance authority, Engineering Proving 

Ground, Fort Belvoir, Virginia. 

Sec. 2846. Sense of Congress regarding land conveyance involving Army Reserve Center, Marshall, Texas. 

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. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

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

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

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

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

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

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

and uncertainty methodology for assessing and certifying the 

safety and reliability of the nuclear stockpile. 

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


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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. 

Sec. 104. Defense-wide activities. 

Subtitle B—Army Programs 

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


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

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

Sec. 114. Bridge to Future Networks program. 

Sec. 115. Funding for call for fire trainer/joint fires and effects trainer system. 

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. 

Sec. 137. Air Force program. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 101. ARMY. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal 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. 


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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 

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

21 SEC. 103. AIR FORCE. 

22 Funds are hereby authorized to be appropriated for 

23 fiscal year 2007 for procurement for the Air Force as fol24 lows: 

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


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

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

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

4 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2007 for Defense-wide procurement in the 

7 amount of $2,856,461,000. 

8 Subtitle B—Army Programs 

9 SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR 

10 FAMILY OF MEDIUM TACTICAL VEHICLES. 

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

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

13 Code, enter into a multiyear contract for the Family of 

14 Medium Tactical Vehicles (FMTV) program beginning 

15 with the fiscal year 2008 program year. 

16 (b) CONTRACT REQUIREMENT.—Any multiyear con17 tract or extension entered into under this section for pro18 curement under the Family of Medium Tactical Vehicles 

19 program shall provide for incorporation of improvements 

20 in the areas of performance capability and survivability 

21 from lessons learned from operations involving the Global 

22 War on Terrorism (as well as from product improvement 

23 programs carried out for the Family of Medium Tactical 

24 Vehicles program).. 


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1 (c) LIMITATION ON TERM OF CONTRACT.—Notwith2 standing subsection (k) of section 2306b of title 10, 

3 United States Code, a contract or extension under this 

4 section may not be for a period in excess of three program 

5 years. 

6 SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR MH–

7 60R HELICOPTERS AND MISSION EQUIPMENT. 

8 (a) MH–60R HELICOPTER.—Subject to subsection 

9 (c), the Secretary of the Army, acting as executive agent 

10 for the Department of the Navy, may enter into a 

11 multiyear contract for the procurement of 144 MH–60R 

12 helicopters. 

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

14 Subject to subsection (c), the Secretary of the Army, act15 ing as executive agent for the Department of the Navy, 

16 may enter into a multiyear contract for the procurement 

17 of MH–60R helicopter mission equipment for the heli18 copters covered by a multiyear contract under subsection 

19 (a). 

20 (c) CONTRACT REQUIREMENTS.—Any multiyear con21 tract under this section— 

22 (1) shall be entered into in accordance with sec23 tion 2306b of title 10, United States Code, and shall 

24 commence with the fiscal year 2007 program year; 

25 and 


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1 (2) shall provide that any obligation of the 

2 United States to make a payment under the contract 

3 is subject to the availability of appropriations for 

4 that purpose. 

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

6 contracts authorized by subsections (a) and (b) may not 

7 exceed $2,600,000,000, and the average unit cost per heli8 copter under those contracts may not exceed $37,790,000. 

9 SEC. 113. FUNDING PROFILE FOR MODULAR FORCE INITIA10 TIVE OF THE ARMY. 

11 The Secretary of the Army shall set forth in the 

12 budget presentation materials of the Army submitted to 

13 Congress in support of the President’s budget for any fis14 cal year after fiscal year 2007, and in other relevant mate15 rials submitted to Congress with respect to the budget of 

16 the Army for any such fiscal year, all amounts for procure17 ment for the M1A2 Abrams tank System Enhancement 

18 Program (SEP) and for the Bradley A3 fighting vehicle 

19 as elements within the amounts requested for the Modular 

20 Force Initiative of the Army, in accordance with the report 

21 of the Army titled ‘‘The Army Modular Force Initiative’’, 

22 submitted to Congress in March 2006. 

23 SEC. 114. BRIDGE TO FUTURE NETWORKS PROGRAM. 

24 (a) LIMITATION ON FISCAL YEAR 2007 AMOUNT.— 

25 Of the amount authorized to be appropriated for the Army 


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1 for fiscal year 2007 for Other Procurement, Army, that 

2 is available for the program of the Army designated as 

3 the Bridge to Future Networks, not more than 70 percent 

4 shall be made available for obligation until the Secretary 

5 of the Army submits to the congressional defense commit6 tees a report on that program that includes the matters 

7 specified in subsection (b). 

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

9 subsection (a) shall include the following: 

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

11 (JNN) element of the Bridge to Future Networks 

12 program and the Warfighter Information Network13 Tactical (WIN–T) program will fit together, includ14 ing an analysis of whether there are opportunities to 

15 leverage technologies and equipment from the Joint 

16 Network Node program as part of the development 

17 of the Warfighter Information Network-Tactical pro18 gram. 

19 (2) A description of the extent to which compo20 nents of the Joint Network Node and the Warfighter 

21 Information Network-Tactical programs could be 

22 used together as elements of a single tactical net23 work. 

24 (3) A description of the strategy of the Army 

25 for completing the systems engineering necessary to 


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1 ensure the end-to-end interoperability of a single 

2 tactical network referred to in paragraph (2). 

3 SEC. 115. FUNDING FOR CALL FOR FIRE TRAINER/JOINT 

4 FIRES AND EFFECTS TRAINER SYSTEM. 

5 (a) IN GENERAL.—The amount provided in section 

6 101(5) for Other Procurement, Army, is hereby increased 

7 by $4,000,000, to be available for a Call for Fire Trainer 

8 II/Joint Fires and Effects Trainer System (JFETS) 

9 under Line 161 Training Devices, Nonsystem (NA0100). 

10 (b) OFFSET.—The amount provided in section 

11 201(1) for Research, Development, Test, and Evaluation, 

12 Army, is hereby reduced by $4,000,000, to be derived 

13 from the Joint Tactical Radio System account (Program 

14 Element 0604280A). 

15 Subtitle C—Navy Programs 

16 SEC. 121. ATTACK SUBMARINE FORCE STRUCTURE. 

17 Section 5062 of title 10, United States Code, is 

18 amended— 

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

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

21 (2) by inserting after subsection (b) the fol22 lowing new subsection (c): 

23 ‘‘(c) The naval combat forces of the Navy shall in24 clude not less than 48 operational attack submarines. For 

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1 marine includes an attack submarine that is temporarily 

2 unavailable for worldwide deployment due to routine or 

3 scheduled maintenance or repair.’’. 

4 SEC. 122. ADHERENCE TO NAVY COST ESTIMATES FOR 

5 CVN–21 CLASS OF AIRCRAFT CARRIERS. 

6 (a) LIMITATION.— 

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

8 expended from funds appropriated or otherwise 

9 made available for Shipbuilding and Conversion, 

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

11 aircraft carrier designated as CVN–21 may not ex12 ceed $10,500,000,000 (as adjusted pursuant to sub13 section (b)). 

14 (2) FOLLOW-ON SHIPS.—The total amount obli15 gated or expended from funds appropriated or other16 wise made available for Shipbuilding and Conver17 sion, Navy, or for any other procurement account, 

18 for the construction of any ship that is constructed 

19 in the CVN–21 class of aircraft carriers after the 

20 lead ship of that class may not exceed 

21 $8,100,000,000 (as adjusted pursuant to subsection 

22 (b)). 

23 (b) ADJUSTMENT OF LIMITATION AMOUNT.—The 

24 Secretary of the Navy may adjust the amount set forth 


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1 in subsection (a) for any ship constructed in the CVN– 

2 21 class of aircraft carriers by the 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 

8 Federal, State, or local laws enacted after Sep9 tember 30, 2006. 

10 (3) The amounts of outfitting costs and post11 delivery costs incurred for that ship. 

12 (4) The amounts of increases or decreases in 

13 costs of that ship that are attributable to insertion 

14 of new technology into that ship, as compared to the 

15 technology baseline as it was defined in the approved 

16 acquisition program baseline estimate of December 

17 2005. 

18 (c) LIMITATION ON TECHNOLOGY INSERTION COST

19 ADJUSTMENT.—The Secretary of the Navy may use the 

20 authority under paragraph (4) of subsection (b) to adjust 

21 the amount set forth in subsection (a) for a ship referred 

22 to in that subsection with respect to insertion of new tech23 nology into that ship only if— 

24 (1) the Secretary determines, and certifies to 

25 the congressional defense committees, that insertion 


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

2 of the ship; or 

3 (2) the Secretary determines, and certifies to 

4 the congressional defense committees, that insertion 

5 of the new technology is required to meet an emerg6 ing threat and the Secretary of Defense certifies to 

7 those committees that such threat poses grave harm 

8 to national security. 

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 

15 of any change in the amount set forth in subsection 

16 (a) during the preceding fiscal year that the Sec17 retary has determined to be associated with a cost 

18 referred 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). 


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

2 REPLACEMENT AMPHIBIOUS ASSAULT SHIP 

3 PROGRAM. 

4 (a) LIMITATION.—The total amount obligated or ex5 pended from funds appropriated or otherwise made avail6 able for Shipbuilding and Conversion, Navy, or for any 

7 other procurement account, for procurement of any ship 

8 that is constructed under the LHA Replacement 

9 (LHA(R)) amphibious assault ship program may not ex10 ceed $2,813,600,000 (as adjusted pursuant to subsection 

11 (b)). 

12 (b) ADJUSTMENT OF LIMITATION AMOUNT.—The 

13 Secretary of the Navy may adjust the amount set forth 

14 in subsection (a) for any ship constructed under the LHA 

15 Replacement amphibious assault ship program by the fol16 lowing: 

17 (1) The amounts of increases or decreases in 

18 costs attributable to economic inflation after Sep19 tember 30, 2006. 

20 (2) The amounts of increases or decreases in 

21 costs attributable to compliance with changes in 

22 Federal, State, or local laws enacted after Sep23 tember 30, 2006. 

24 (3) The amounts of outfitting costs and post25 delivery costs incurred for that ship. 


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1 (4) The amounts of increases or decreases in 

2 costs of that ship that are attributable to insertion 

3 of new technology into that ship, as compared to the 

4 technology baseline as it was defined at the develop5 ment stage referred to as Milestone B. 

6 (c) LIMITATION ON TECHNOLOGY INSERTION COST

7 ADJUSTMENT.—The Secretary of the Navy may use the 

8 authority under paragraph (4) of subsection (b) to adjust 

9 the amount set forth in subsection (a) for a ship referred 

10 to in that subsection with respect to insertion of new tech11 nology into that ship only if— 

12 (1) the Secretary determines, and certifies to 

13 the congressional defense committees, that insertion 

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

15 of the ship; or 

16 (2) the Secretary determines, and certifies to 

17 the congressional defense committees, that insertion 

18 of the new technology is required to meet an emerg19 ing threat and the Secretary of Defense certifies to 

20 those committees that such threat poses grave harm 

21 to national security. 

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

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

24 shall submit to the congressional defense committees 

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1 mitted under section 1105(a) of title 31, United 

2 States Code, for the next fiscal year, written notice 

3 of any change in the amount set forth in subsection 

4 (a) during the preceding fiscal year that the Sec5 retary has determined to be associated with a cost 

6 referred to in subsection (b). 

7 (2) EFFECTIVE DATE.—The requirement in 

8 paragraph (1) shall become effective with the budget 

9 request for the year of procurement of the first ship 

10 referred to in subsection (a). 

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

12 ANTONIO (LPD–17) CLASS AMPHIBIOUS SHIP 

13 PROGRAM. 

14 (a) LIMITATION.— 

15 (1) PROCUREMENT COST.—The total amount 

16 obligated or expended from funds appropriated or 

17 otherwise made available for Shipbuilding and Con18 version, Navy, or for any other procurement ac19 count, for the San Antonio-class amphibious ships 

20 designated as LPD–18, LPD–19, LPD–20, LPD– 

21 21, LPD–22, LPD–23, LPD–24, and LPD–25 may 

22 not exceed the amount for each such vessel specified 

23 in paragraph (2) (those specified amounts being the 

24 estimated total procurement end cost of those ves25 sels, respectively, in the fiscal year 2007 budget): 


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

2 limitation under this subsection for each vessel spec3 ified in paragraph (1) is the following: 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20 (b) ADJUSTMENT OF LIMITATION AMOUNTS.—The 

21 Secretary of the Navy may adjust the amount set forth 

22 in subsection (a) for any ship specified in that subsection 

23 by the following: 


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1 (1) The amounts of increases or decreases in 

2 costs attributable to economic inflation after Sep3 tember 30, 2006. 

4 (2) The amounts of increases or decreases in 

5 costs attributable to compliance with changes in 

6 Federal, State, or local laws enacted after Sep7 tember 30, 2006. 

8 (3) The amounts of outfitting costs and post9 delivery costs incurred for that ship. 

10 (4) The amounts of increases or decreases in 

11 costs of that ship that are attributable to insertion 

12 of new technology into that ship, as compared to the 

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

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

15 (c) LIMITATION ON TECHNOLOGY INSERTION COST

16 ADJUSTMENT.—The Secretary of the Navy may use the 

17 authority under paragraph (4) of subsection (b) to adjust 

18 the amount set forth in subsection (a) for any LPD–17 

19 class ship with respect to insertion of new technology into 

20 that ship only if— 

21 (1) the Secretary determines, and certifies to 

22 the congressional defense committees, that insertion 

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

24 of the ship; or 


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1 (2) the Secretary determines, and certifies to 

2 the congressional defense committees, that insertion 

3 of the new technology is required to meet an emerg4 ing threat and the Secretary of Defense certifies to 

5 those committees that such threat poses grave harm 

6 to national security. 

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

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

9 shall submit to the congressional defense committees 

10 each year, at the same time that the budget is sub11 mitted under section 1105(a) of title 31, United 

12 States Code, for the next fiscal year, written notice 

13 of any change in the amount set forth in subsection 

14 (a) during the preceding fiscal year that the Sec15 retary has determined to be associated with a cost 

16 referred to in subsection (b). 

17 (2) EFFECTIVE DATE.—The requirement in 

18 paragraph (1) shall become effective with the budget 

19 request for the year of procurement of the first ship 

20 referred to in subsection (a). 

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

22 TILTROTOR AIRCRAFT PROGRAM. 

23 The Secretary of the Navy, in accordance with section 

24 2306b of title 10, United States Code, and acting as exec25 utive agent for the Secretary of the Air Force and the 


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1 commander of the United States Special Operations Com2 mand, may enter into a multiyear contract, beginning with 

3 the fiscal year 2008 program year, for procurement of V– 

4 22 tiltrotor aircraft. The total number of aircraft procured 

5 through a multiyear contract under this section may not 

6 exceed 211, of which not more than 185 may be in the 

7 MV–22 configuration and not more than 26 may be in 

8 the CV–22 configuration. 

9 SEC. 126. QUALITY CONTROL IN PROCUREMENT OF SHIP 

10 CRITICAL SAFETY ITEMS AND RELATED 

11 SERVICES. 

12 (a) IN GENERAL.— 

13 (1) QUALITY CONTROL POLICY.—Chapter 633 

14 of title 10, United States Code, is amended by add15 ing at the end the following new section: 

16 ‘‘§ 7317. Ship critical safety items and related serv17 ices: quality control in procurement 

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

19 Defense shall prescribe in regulations a quality control 

20 policy for the procurement of— 

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

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

23 critical safety items. 


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

2 forth in the regulations under subsection (a) shall include 

3 the following requirements: 

4 ‘‘(1) That the head of the design control activ5 ity for ship critical safety items establish processes 

6 to identify and manage the procurement, modifica7 tion, repair, and overhaul of ship critical safety 

8 items. 

9 ‘‘(2) That the head of the contracting activity 

10 for a ship critical safety item enter into a contract 

11 for the procurement, modification, repair, or over12 haul of such item only with a source that is on a 

13 qualified manufacturers list or is approved by the 

14 design control activity in accordance with section 

15 2319 of this title. 

16 ‘‘(3) That the ship critical safety items deliv17 ered, and the services performed with respect to ship 

18 critical safety items, meet all technical and quality 

19 requirements specified by the design control activity. 

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

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

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

23 that contains a critical characteristic the failure, 

24 malfunction, or absence of which may cause a cata25 strophic or critical failure resulting in loss or serious 


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1 damage to the vessel or unacceptable risk of per2 sonal injury or loss of life. 

3 ‘‘(2) The term ‘design control activity’, with re4 spect to a ship critical safety item, means the sys5 tems command of a military department that is spe6 cifically responsible for ensuring the seaworthiness 

7 of a ship system or equipment in which the item is 

8 to be used.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended 

11 by adding at the end the following new item: 

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

12 (b) CONFORMING AMENDMENTS.—Section 2319 of 

13 title 10, United States Code, is amended— 

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

15 critical safety item’’ after ‘‘aviation critical safety 

16 item’’; and 

17 (2) In subsection (g)— 

18 (A) by redesignating paragraph (2) as 

19 paragraph (3); 

20 (B) by inserting after paragraph (1) the 

21 following new paragraph (2): 

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

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

24 title.’’; and 


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

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

3 safety item’’ after ‘‘aviation critical safety 

4 item’’ the first place it appears; and 

5 (ii) by inserting ‘‘, or the seaworthi6 ness of a ship system or equipment,’’ after 

7 ‘‘equipment’’. 

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

9 (a) FUNDING AUTHORIZED.—Of the amount author10 ized to be appropriated by section 102(a)(3) for fiscal year 

11 2007 for Shipbuilding and Conversion, Navy, 

12 $2,568,000,000 is available for the DD(X) Next-Genera13 tion Destroyer program. 

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

15 Navy may enter into two contracts during fiscal year 2007 

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

17 contracts shall be entered into with two different ship18 builders. One such contract shall provide for procurement 

19 of a DD(X) Next-Generation destroyer, including detail 

20 design and construction. The other contract shall provide 

21 only for detail design of a DD(X) Next-Generation de22 stroyer. The two contracts shall be awarded simulta23 neously. 


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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 find6 ings: 

7 (1) Securing and maintaining access to afford8 able and plentiful sources of energy is a vital na9 tional security interest for the United States.

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

11 a threat to national security due to the inherently 

12 volatile nature of the global oil market and the polit13 ical instability of some of the world’s largest oil pro14 ducing states. 

15 (3) Given the recent increase in the cost of 

16 crude oil, which cannot realistically be expected to 

17 improve over the long term, other energy sources 

18 must be seriously considered. 

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

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

21 should make greater use of alternative technologies, in22 cluding nuclear power, as a means of vessel propulsion for 

23 its future fleet of surface combatants.


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1 Subtitle D—Air Force Programs 

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

3 (a) REQUIREMENT.—Before the date specified in 

4 subsection (b), the Secretary of the Air Force— 

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

6 than the aircraft with tail number 61–0025; and 

7 (2) shall maintain not less than 44 such air8 craft as combat-coded aircraft. 

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

10 the date specified in this subsection is the earlier of— 

11 (1) January 1, 2018; and 

12 (2) the date as of which a long-range strike re13 placement aircraft with equal or greater capability 

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

15 operational capability status. 

16 SEC. 132. STRATEGIC AIRLIFT FORCE STRUCTURE. 

17 (a) REQUIRED FORCE STRUCTURE.— 

18 (1) MINIMUM NUMBER OF AIRCRAFT.—Effec19 tive October 1, 2008, the Secretary of the Air Force 

20 shall maintain a total aircraft inventory of strategic 

21 airlift aircraft of not less than 299 aircraft. 

22 (2) DEFINITIONS.—For purposes of this sub23 section: 

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

25 means an aircraft that has a cargo capacity of 


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

2 transporting outsized cargo an unrefueled range 

3 of at least 2,400 nautical miles. 

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

5 single item of equipment that exceeds 1,090 

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

7 inches in height. 

8 (b) REPEAL OF LIMITATION ON RETIREMENT OF C– 

9 5 AIRCRAFT.—Section 132 of the National Defense Au10 thorization Act for Fiscal Year 2004 (Public Law 108– 

11 136; 117 Stat. 1411) is repealed. 

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

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

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

15 in fiscal year 2007. 

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

17 year 2007, the Secretary of the Air Force may retire a 

18 U–2 aircraft only if the Secretary of Defense certifies to 

19 Congress that the U–2 intelligence, surveillance, and re20 connaissance (ISR) capability provided by the U–2 air21 craft no longer contributes to mitigating any gaps in ISR 

22 capabilities identified in the 2006 Quadrennial Defense 

23 Review. No action may be taken by the Department of 

24 Defense to retire (or to prepare to retire) any U–2 air25 craft— 


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1 (1) before such a certification is submitted to 

2 Congress; or 

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

4 date on which such a certification is submitted. 

5 SEC. 134. MULTIYEAR PROCUREMENT AUTHORITY FOR F–

6 22A RAPTOR FIGHTER AIRCRAFT. 

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

8 Air Force may enter into a multiyear contract for the pro9 curement of up to 60 F–22A Raptor fighter aircraft begin10 ning with the 2007 program year, 

11 (b) COMPLIANCE WITH LAW APPLICABLE TO

12 MULTIYEAR CONTRACTS.—A contract under subsection 

13 (a) for the procurement of F–22A aircraft shall be entered 

14 into in accordance with section 2306b of title 10, United 

15 States Code, except that, notwithstanding subsection (k) 

16 of that section, such a contract may not be for a period 

17 in excess of three program years. 

18 (c) REQUIRED CERTIFICATIONS.—In the case of a 

19 contract under subsection (a) for the procurement of F– 

20 22A aircraft, a certification under subsection (i)(1)(A) of 

21 section 2306b of title 10, United States Code, with respect 

22 to that contract may only be submitted if the certification 

23 includes an additional certification that each of the condi24 tions specified in subsection (a) of that section has been 

25 satisfied with respect to that contract. 


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1 (d) NOTICE-AND-WAIT REQUIREMENT.—Upon sub2 mission to Congress of a certification referred to in sub3 section (c) with respect to a proposed contract under sub4 section (a) for the procurement of F–22A aircraft, the 

5 contract may then be entered into only after a period of 

6 30 days has elapsed after the date of the submission of 

7 the certification. 

8 SEC. 135. LIMITATION ON RETIREMENT OF KC–135E AIR9 CRAFT DURING FISCAL YEAR 2007. 

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

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

12 2007 may not exceed 29. 

13 (b) TREATMENT OF RETIRED AIRCRAFT.—The Sec14 retary of the Air Force shall maintain each KC–135E air15 craft that is retired by the Secretary after September 30, 

16 2006, in a condition that would allow recall of that aircraft 

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

18 Guard, or active forces aerial refueling force structure. 

19 SEC. 136. LIMITATION ON RETIREMENT OF F–117A AIR20 CRAFT DURING FISCAL YEAR 2007. 

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

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

23 2007 may not exceed 10. 

24 (b) TREATMENT OF RETIRED AIRCRAFT.—The Sec25 retary of the Air Force shall maintain each F–117A airVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 craft that is retired by the Secretary after September 30, 

2 2006, in a condition that would allow recall of that aircraft 

3 to future service. 

4 SEC. 137. AIR FORCE PROGRAM. 

5 (a) SCIENCE ENGINEERING LAB DATA INTEGRA6 TION.—The amount provided in section 103 for Other 

7 Procurement, Air Force, is hereby increased by 

8 $6,000,000, to be available for Science Engineering Lab 

9 Data Integration (SELDI) at the Ogden Air Logistics 

10 Center, Utah. 

11 (b) OFFSET.—The amount provided in section 

12 201(4) for Research, Development, Test, and Evaluation, 

13 Defense-wide, is hereby reduced by $6,000,000, to be de14 rived from Information and Communications Technology 

15 (Program Element 0602301E). 

16 TITLE II—RESEARCH, DEVELOP17 MENT, TEST, AND EVALUA18 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 


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Sec. 221. Fielding of ballistic missile defense capabilities. 

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

Sec. 223. High altitude air ship program. 

Subtitle D—Other Matters 

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

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

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

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

7 (1) For the Army, $10,932,209,000. 

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

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

10 (4) For Defense-wide activities, 

11 $20,944,559,000, of which $181,520,000 is author12 ized for the Director of Operational Test and Eval13 uation. 

14 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH15 NOLOGY. 

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

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

18 be available for the Defense Science and Technology Pro19 gram, including basic research, applied research, and ad20 vanced technology development projects. 

21 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD22 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For 


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1 purposes of this section, the term ‘‘basic research, applied 

2 research, and advanced technology development’’ means 

3 work funded in program elements for defense research and 

4 development under Department of Defense category 6.1, 

5 6.2, or 6.3. 

6 Subtitle B—Program Require7 ments, Restrictions, and Limita8 tions 

9 SEC. 211. ALTERNATE ENGINE FOR JOINT STRIKE FIGHT10 ER. 

11 Of the funds authorized to be appropriated for the 

12 Departments of the Navy and Air Force for the system 

13 development and demonstration program for the Joint 

14 Strike Fighter, not less than $408,000,000 shall be obli15 gated for continued development of an alternate engine for 

16 the Joint Strike Fighter. 

17 SEC. 212. EXTENSION OF AUTHORITY TO AWARD PRIZES 

18 FOR ADVANCED TECHNOLOGY ACHIEVE19 MENTS. 

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

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

22 ‘‘September 30, 2010’’. 


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1 SEC. 213. EXTENSION OF DEFENSE ACQUISITION CHAL2 LENGE PROGRAM. 

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

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

5 (b) CONFIDENTIALITY.—Such section is further 

6 amended in subsection (g)— 

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

8 ‘‘CONFLICTS OF INTEREST AND CONFIDENTIAL9 ITY.—’’; and 

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

11 following: ‘‘and that the identity of any person or ac12 tivity submitting a challenge proposal is not dis13 closed outside the Federal Government without the 

14 consent of the person or activity’’. 

15 SEC. 214. FUTURE COMBAT SYSTEMS MILESTONE REVIEW. 

16 (a) MILESTONE REVIEW REQUIRED.—After the pre17 liminary design review of the Future Combat Systems pro18 gram, but in no event later than the end of fiscal year 

19 2008, the Secretary of Defense shall carry out a Defense 

20 Acquisition Board milestone review of the Future Combat 

21 Systems program. The milestone review shall include an 

22 assessment as to each of the following: 

23 (1) Whether the warfighter’s needs are valid 

24 and can be best met with the concept of the pro25 gram. 


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

2 developed and produced within existing resources. 

3 (3) Whether the program should continue. 

4 (b) DETERMINATIONS TO BE MADE IN ASSESSING

5 WHETHER PROGRAM SHOULD CONTINUE.—In making 

6 the assessment required by subsection (a)(3), the Sec7 retary shall make a determination with respect to each of 

8 the following: 

9 (1) Whether each critical technology for the 

10 program is at least Technical Readiness Level 6. 

11 (2) For each system and network component of 

12 the program, what the key design and technology 

13 risks are, based on System Functional Reviews, Pre14 liminary Design Reviews, and Technical Readiness 

15 Levels. 

16 (3) Whether actual demonstrations, rather than 

17 simulations, have shown that the concept of the pro18 gram will work. 

19 (4) Whether actual demonstrations, rather than 

20 plans, have shown that the software for the program 

21 is functional. 

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

23 (6) What the affordability assessment for the 

24 program is, based on that cost estimate. 


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1 (c) REPORT.—The Secretary shall submit to the con2 gressional defense committees a report on the findings and 

3 conclusions of the milestone review required by subsection 

4 (a). The report shall include, and display, each of the as5 sessments required by subsection (a) and each of the de6 terminations required by subsection (b). 

7 (d) RESTRICTION ON FUNDS EFFECTIVE FISCAL

8 2009.—For fiscal years beginning with 2009, the Sec9 retary may not obligate any funds for the Future Combat 

10 Systems program until after the report required by sub11 section (c) is submitted. 

12 SEC. 215. INDEPENDENT COST ANALYSES FOR JOINT 

13 STRIKE FIGHTER ENGINE PROGRAM. 

14 (a) INDEPENDENT COST ANALYSES.—A comprehen15 sive and detailed cost analysis of the Joint Strike Fighter 

16 engine program shall be independently performed by the 

17 Comptroller General and by the Secretary of Defense, act18 ing through the Cost Analysis Improvement Group of the 

19 Office of the Secretary of Defense. The cost analysis shall 

20 cover— 

21 (1) an alternative under which the aircraft are 

22 capable of using the F135 engine only; 

23 (2) an alternative under which the aircraft are 

24 capable of using either the F135 engine or the F136 


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

2 and 

3 (3) any other alternative, whether competitive 

4 or sole source, that would reduce total life-cycle cost, 

5 improve program schedule, or both. 

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

7 official specified in subsection (a) shall independently sub8 mit to the congressional defense committees a report on 

9 the cost analysis carried out by that official under sub10 section (a). Each report shall include each of the following 

11 matters: 

12 (1) The key assumptions used in carrying out 

13 the cost analysis. 

14 (2) The methodology and techniques used in 

15 carrying out the cost analysis. 

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

17 (A) a comparison of the life-cycle costs, in18 cluding costs in current and constant collars 

19 and a net-present-value analysis; and 

20 (B) estimates of— 

21 (i) supply, maintenance, and other op22 erations manpower required to support the 

23 alternative; 

24 (ii) the number of flight hours re25 quired to achieve engine maturity and in 


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1 what year that is expected to be achieved; 

2 and 

3 (iii) the total number of engines ex4 pected to be procured over the lifetime of 

5 the Joint Strike Fighter program. 

6 (4) The acquisition strategies that were used 

7 for, and the experience with respect to cost, sched8 ule, and performance under past acquisition pro9 grams for engines for tactical fighter aircraft, in10 cluding the F–15, F–16, F–18, and F–22. 

11 (5) A comparison of the experiences under past 

12 engine acquisition programs carried out on a sole13 source basis, and those carried out on a competitive 

14 basis, with respect to performance, savings, main15 tainability, reliability, and technical innovation. 

16 (6) Conclusions and recommendations. 

17 (c) CERTIFICATION BY COMPTROLLER GENERAL.— 

18 In submitting the report required by subsection (b), the 

19 Comptroller General shall also submit a certification as 

20 to whether the Comptroller General had access to suffi21 cient information to enable the Comptroller General to 

22 make informed judgments on the matters required to be 

23 included in the report. 

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

25 the term ‘‘life-cycle costs’’ includes those elements of cost 


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1 that would be considered for a life-cycle cost analysis for 

2 a major defense acquisition program, such as procurement 

3 of engines, procurement of spare engines, and procure4 ment of engine components and parts, and also includes 

5 good-faith estimates of routine engine costs, such as per6 formance upgrades and component improvement, that his7 torically have occurred in tactical fighter engine programs. 

8 SEC. 216. DEDICATED AMOUNTS FOR IMPLEMENTING OR 

9 EVALUATING DD(X) AND CVN–21 PROPOSALS 

10 UNDER DEFENSE ACQUISITION CHALLENGE 

11 PROGRAM. 

12 (a) AMOUNTS REQUIRED.—Of the amounts appro13 priated pursuant to the authorization of appropriations in 

14 section 201(4) for research, development, test, and evalua15 tion, Defense-wide, $4,000,000 shall be available only to 

16 implement or evaluate challenge proposals specified in 

17 subsection (b). 

18 (b) CHALLENGE PROPOSALS COVERED.—A challenge 

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

20 the Defense Acquisition Challenge Program established by 

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

22 to— 

23 (1) the DD(X) next-generation destroyer pro24 gram; or 


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

2 program. 

3 Subtitle C—Ballistic Missile 

4 Defense 

5 SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPA6 BILITIES. 

7 Upon approval by the Secretary of Defense, funds au8 thorized to be appropriated for fiscal years 2007 and 2008 

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

10 Missile Defense Agency may be used for the development 

11 and fielding of ballistic missile defense capabilities. 

12 SEC. 222. LIMITATION ON USE OF FUNDS FOR SPACE13 BASED INTERCEPTOR. 

14 (a) LIMITATION.—No funds appropriated or other 

15 wise made available to the Department of Defense may 

16 be obligated or expended for the testing or deployment of 

17 a space-based interceptor until 90 days after the date on 

18 which a report described in subsection (c) is submitted. 

19 (b) SPACE-BASED INTERCEPTOR DEFINED.—For 

20 purposes of this section, the term ‘‘space-based inter21 ceptor’’ means a kinetic or directed energy weapon that 

22 is stationed on a satellite or orbiting platform and that 

23 is intended to destroy another satellite in orbit or a bal24 listic missile launched from earth. 


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

2 is a report prepared by the Director of the Missile Defense 

3 Agency and submitted to the congressional defense com4 mittees containing the following: 

5 (1) A description of the essential components of 

6 a proposed space-based interceptor system, including 

7 a description of how the system proposed would en8 hance or complement other missile defense systems. 

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

10 cost of the system described under paragraph (1), 

11 including lift cost and periodic replacement cost due 

12 to depreciation and attrition. 

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

14 system to counter-measures, including direct ascent 

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

16 functionality of such a system in the aftermath of a 

17 nuclear detonation in space. 

18 (4) A projection of the foreign policy and na19 tional security implications of a space-based inter20 ceptor program, including the probable response of 

21 United States adversaries and United States allies. 

22 SEC. 223. HIGH ALTITUDE AIR SHIP PROGRAM. 

23 Within the amount provided in section 201 for Re24 search, Development, Test, and Evaluation, Air Force— 


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1 (1) $5,000,000 is available for the High Alti2 tude Air Ship Program; and 

3 (2) the amount provided for the Space Based 

4 Space Surveillance System is reduced by 

5 $5,000,000. 

6 Subtitle D—Other Matters 

7 SEC. 231. REVIEW OF TEST AND EVALUATION POLICIES 

8 AND PRACTICES TO ADDRESS EMERGING AC9 QUISITION APPROACHES. 

10 (a) REVISION TO REPORT REQUIREMENT.—Section 

11 2399(b)(2)(B) of title 10, United States Code, is amended 

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

13 and inserting the following: ‘‘tested— 

14 ‘‘(i) are effective and suitable for combat 

15 in accordance with the users’ standards for ef16 fectiveness and suitability as reflected in the re17 quirements process; or 

18 ‘‘(ii) are operationally acceptable under 

19 certain restricted conditions, as delineated by 

20 the Director.’’. 

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

22 (1) IN GENERAL.—The Under Secretary of De23 fense for Acquisition, Technology, and Logistics, in 

24 coordination with the Director of Operational Test 

25 and Evaluation and the Director of the Defense Test 


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1 Resource Management Center, shall conduct a re2 view of test and evaluation policies and practices of 

3 the Department of Defense and issue such new or 

4 revised guidance as may be necessary to address 

5 emerging acquisition approaches. 

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

7 be addressed by the Under Secretary in the review 

8 under paragraph (1) shall include, at a minimum, 

9 appropriate polices and practices for— 

10 (A) ensuring the adequacy and the expedi11 ency of test and evaluation activities with re12 gard to— 

13 (i) items that are acquired pursuant 

14 to the rapid acquisition authority in section 

15 806 of the Bob Stump National Defense 

16 Authorization Act for Fiscal Year 2003 

17 (10 U.S.C. 2302 note); 

18 (ii) programs that are conducted pur19 suant to the spiral development authority 

20 in section 803 of the Bob Stump National 

21 Defense Authorization Act for Fiscal Year 

22 2003 (10 U.S.C. 2430 note) (or other au23 thority for the conduct of incremental ac24 quisition programs) ; 


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1 (iii) systems that are acquired pursu2 ant to other emerging acquisition ap3 proaches, as approved by the Under Sec4 retary; and 

5 (iv) materiel that is not subject to the 

6 operational test and evaluation require7 ments in sections 2366 and 2399 of title 

8 10, United States Code, but which may re9 quire limited operational test and evalua10 tion for the purposes of ensuring the safety 

11 and realistic survivability of the materiel 

12 and the personnel using the materiel; and 

13 (B) the appropriate use, if any, of oper14 ational test and evaluation resources to assess 

15 technology readiness levels for purposes of sec16 tion 2366a of title 10, United States Code, and 

17 other applicable technology readiness require18 ments. 

19 (c) INCLUSION OF TESTING NEEDS IN STRATEGIC

20 PLAN.—The Director of the Defense Test Resource Man21 agement Center shall ensure that the strategic plan for 

22 Department of Defense test and evaluation resources re23 quired by section 196 of title 10, United States Code— 


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1 (1) reflects any testing needs of the Depart2 ment of Defense that are identified in the review 

3 under paragraph (1); and 

4 (2) includes an assessment of the test and eval5 uation facilities, resources, and budgets that will be 

6 required to meet such needs. 

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

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

9 of Defense for Acquisition, Technology, and Logistics shall 

10 submit to the congressional defense committees a report 

11 on the review conducted, and any new or revised guidance 

12 issued, pursuant to subsection (b). 

13 TITLE III—OPERATION AND 

14 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. 

Sec. 316. Report regarding scope of perchlorate contamination at formerly used 

defense sites. 

Subtitle C—Workplace and Depot Issues 


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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. 

Sec. 324. Report on CH–47 helicopter reset. 

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. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2007 for the use of the Armed Forces and other 

6 activities and agencies of the Department of Defense for 

7 expenses, not otherwise provided for, for operation and 

8 maintenance, 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. 


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1 (5) For Defense-wide activities, 

2 $19,876,763,000. 

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

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

5 (8) For the Marine Corps Reserve, 

6 $211,911,000. 

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

8 (10) For the Army National Guard, 

9 $5,089,565,000. 

10 (11) For the Air National Guard, 

11 $5,336,017,000. 

12 (12) For the United States Court of Appeals 

13 for the Armed Forces, $11,721,000. 

14 (13) For Environmental Restoration, Army, 

15 $413,794,000. 

16 (14) For Environmental Restoration, Navy, 

17 $304,409,000. 

18 (15) For Environmental Restoration, Air Force, 

19 $423,871,000. 

20 (16) For Environmental Restoration, Defense21 wide, $18,431,000. 

22 (17) For Environmental Restoration, Formerly 

23 Used Defense Sites, $242,790,000. 

24 (18) For Overseas Humanitarian, Disaster, and 

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


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1 (19) For Cooperative Threat Reduction pro2 grams, $372,128,000. 

3 (20) For the Overseas Contingency Operations 

4 Transfer Fund, $10,000,000. 

5 SEC. 302. WORKING CAPITAL FUNDS. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2007 for the use of the Armed Forces and other 

8 activities and agencies of the Department of Defense for 

9 providing capital for working capital and revolving funds 

10 in amounts as follows: 

11 (1) For the Defense Working Capital Funds, 

12 $180,498,000. 

13 (2) For the National Defense Sealift Fund, 

14 $1,138,732,000. 

15 (3) For the Defense Working Capital Fund, 

16 Defense Commissary, $1,184,000,000. 

17 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

18 (a) DEFENSE HEALTH PROGRAM.—Funds are here19 by authorized to be appropriated for the Department of 

20 Defense for fiscal year 2007 for expenses, not otherwise 

21 provided for, for the Defense Health Program, in the 

22 amount of $21,226,521,000, of which— 

23 (1) $20,699,563,000 is for Operation and 

24 Maintenance; 


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1 (2) $130,603,000 is for Research, Development, 

2 Test, and Evaluation; and 

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

4 (b) DRUG INTERDICTION AND COUNTER-DRUG AC5 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

6 to be appropriated for the Department of Defense for fis7 cal year 2007 for expenses, not otherwise provided for, for 

8 Drug Interdiction and Counter-Drug Activities, Defense9 wide, in the amount of $926,890,000. 

10 (c) DEFENSE INSPECTOR GENERAL.—Funds are 

11 hereby authorized to be appropriated for the Department 

12 of Defense for fiscal year 2007 for expenses, not otherwise 

13 provided for, for the Office of the Inspector General of 

14 the Department of Defense, in the amount of 

15 $216,297,000, of which— 

16 (1) $214,897,000 is for Operation and Mainte17 nance; 

18 (2) $1,400,000 is for Procurement; and 

19 (3) $0 is for Research, Development, Test, and 

20 Evaluation. 


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1 Subtitle B—Environmental 

2 Provisions 

3 SEC. 311. REVISION OF REQUIREMENT FOR UNEXPLODED 

4 ORDNANCE PROGRAM MANAGER. 

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

6 amended— 

7 (1) in paragraph (1)— 

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

9 ‘‘designate’’; 

10 (B) by inserting ‘‘research,’’ after ‘‘charac11 terization,’’; and 

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

13 ‘‘The position of program manager shall be 

14 filled by— 

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

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

17 above; or 

18 ‘‘(B) in the case of a member of the armed 

19 forces, a commissioned officer of the Army, Navy, 

20 Air Force, or Marine Corps who is serving in the 

21 grade of colonel, or in the case of the Navy, captain, 

22 or a higher grade.’’; and 

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

24 following: 


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1 ‘‘(2) The program manager shall report to the Dep2 uty Under Secretary of Defense for Installations and En3 vironment.’’. 

4 SEC. 312. IDENTIFICATION AND MONITORING OF MILITARY 

5 MUNITIONS DISPOSAL SITES IN OCEAN WA6 TERS EXTENDING FROM UNITED STATES 

7 COAST TO OUTER BOUNDARY OF OUTER CON8 TINENTAL SHELF. 

9 (a) IDENTIFICATION OF MILITARY MUNITIONS DIS10 POSAL SITES.— 

11 (1) REVIEW OF HISTORICAL RECORDS.—The 

12 Secretary of Defense shall conduct a review of his13 torical records to determine— 

14 (A) the number and probable locations of 

15 sites where the Armed Forces disposed of mili16 tary munitions within covered United States 

17 ocean waters; 

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

19 (C) the types and quantities of military 

20 munitions disposed of at the sites. 

21 (2) COOPERATION.—The Secretary shall re22 quest the assistance of the Coast Guard, the Na23 tional Oceanic and Atmospheric Administration, and 

24 other relevant Federal agencies in conducting the re25 view required by this subsection. 


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1 (3) RELEASE OF INFORMATION.—The Sec2 retary shall periodically release, but no less often 

3 than annually, information obtained during the re4 view conducted under this subsection. The Secretary 

5 may withhold from public release information about 

6 the exact nature and location of a disposal site if the 

7 Secretary determines that the potential unauthorized 

8 retrieval of military munitions at the site could pose 

9 a significant threat to national defense or public 

10 safety. 

11 (4) REPORTING REQUIREMENTS.—The Sec12 retary shall include the information obtained during 

13 a year through the review conducted under this sub14 section in the report submitted to Congress under 

15 section 2706(a) of title 10, United States Code, for 

16 the same year. 

17 (b) IDENTIFICATION OF NAVIGATIONAL AND SAFETY

18 HAZARDS.— 

19 (1) INFORMATION FOR NAUTICAL CHARTS AND

20 OTHER NAVIGATIONAL MATERIALS.—The Secretary 

21 shall share information obtained through the review 

22 conducted under subsection (a) with the Secretary of 

23 Commerce to assist the National Oceanic and At24 mospheric Administration in preparing nautical 

25 charts and other navigational materials for covered 


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1 United States ocean waters to identify known or 

2 probable hazards from disposed military munitions. 

3 (2) INFORMATION FOR USERS.—The Secretary 

4 shall continue activities to inform potentially af5 fected users of the ocean environment, and particu6 larly fishing operations, of the possible hazards from 

7 contact with military munitions and the proper 

8 methods to mitigate such hazards. 

9 (c) RESEARCH.— 

10 (1) IN GENERAL.—The Secretary shall conduct 

11 research on the effects of military munitions dis12 posed of in covered United States ocean waters. 

13 (2) SPECIFIED RESEARCH EFFORTS.—The re14 search conducted under this subsection shall include 

15 the following: 

16 (A) The sampling and analysis of ocean 

17 waters and seabeds at or adjacent to the mili18 tary munitions disposal sites selected by the 

19 Secretary under paragraph (4). 

20 (B) The investigation into the long-term 

21 effects of seawater exposure on military muni22 tions, particularly chemical munitions. 

23 (C) The development of effective safety 

24 measures when dealing with military munitions 

25 disposed of in seawater. 


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1 (3) RESEARCH METHODS.—In conducting re2 search under this subsection, the Secretary may 

3 make grants to, and enter into cooperative agree4 ments with, qualified research entities, as deter5 mined by the Secretary. 

6 (4) RESEARCH LOCATIONS.—In conducting re7 search under this subsection, the Secretary shall en8 sure that the sampling, analysis, and investigations 

9 are conducted at reasonably representative sites ap10 plying factors such as depth, water temperature, na11 ture of the military munitions present, and relative 

12 proximity to shore populations. The Secretary shall 

13 select at least two representative sites from each of 

14 the following areas: 

15 (A) Along the Atlantic coast. 

16 (B) Along the Pacific coast (including the 

17 coast of Alaska). 

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

19 (d) MONITORING.—If research conducted under sub20 section (c) at a military munitions disposal site indicates 

21 that the disposed military munitions have caused or may 

22 be causing contamination of ocean waters or seabeds, the 

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1 lease of contamination into the ocean waters from military 

2 munitions. 

3 (e) EPIDEMIOLOGICAL STUDY ON HUMAN POPU4 LATIONS.—The Secretary shall conduct an epidemiological 

5 study on human populations in the vicinity of military mu6 nitions disposal sites within covered United States ocean 

7 waters for the purpose of determining whether people have 

8 been affected by the presence of military munitions in 

9 these waters. The Secretary shall include the results of 

10 the study in the report referred to in subsection (a)(4). 

11 (f) DEFINITIONS.—In this Act: 

12 (1) The term ‘‘coast line’’ has the same mean13 ing given that term in section 2 of the Submerged 

14 Lands Act (43 U.S.C. 1301). 

15 (2) The term ‘‘covered United States ocean wa16 ters’’ means that part of the ocean extending from 

17 the coast line to the outer boundary of the outer 

18 Continental Shelf. 

19 (3) The term ‘‘military munitions’’ has the 

20 same meaning given that term in section 101(e) of 

21 title 10, United States Code. 

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

23 same meaning given that term in section 2 of the 

24 Outer Continental Shelf Lands Act (43 U.S.C. 

25 1331). 


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1 (5) The term ‘‘Secretary’’ means the Secretary 

2 of Defense. 

3 SEC. 313. REIMBURSEMENT OF ENVIRONMENTAL PROTEC4 TION AGENCY FOR CERTAIN COSTS IN CON5 NECTION WITH MOSES LAKE WELLFIELD 

6 SUPERFUND SITE, MOSES LAKE, WASH7 INGTON. 

8 (a) AUTHORITY TO REIMBURSE.—Using funds de9 scribed in subsection (b), the Secretary of Defense may 

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

11 Wellfield Superfund Site 10–6J Special Account to reim12 burse the Environmental Protection Agency for the costs 

13 incurred by the Environmental Protection Agency in over14 seeing a remedial investigation and feasibility study per15 formed by the Department of the Army under the Defense 

16 Environmental Restoration Program at the former Larson 

17 Air Force Base, Moses Lake Wellfield Superfund Site, 

18 Moses Lake, Washington. This reimbursement is provided 

19 for in the March 1999 interagency agreement entered into 

20 by the Department of the Army and the Environmental 

21 Protection Agency for the Moses Lake Wellfield Super22 fund Site. 

23 (b) SOURCE OF FUNDS.—Any payment under sub24 section (a) shall be made using funds authorized to be ap25 propriated by section 301(17) for operation and mainteVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 nance for Environmental Restoration, Formerly Used De2 fense Sites. 

3 SEC. 314. FUNDING OF COOPERATIVE AGREEMENTS UNDER 

4 ENVIRONMENTAL RESTORATION PROGRAM. 

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

6 is amended by adding at the end the following new sen7 tence: ‘‘This two-year limitation does not apply to an 

8 agreement funded using amounts in the Department of 

9 Defense Base Closure Account 1990 or the Department 

10 of Defense Base Closure Account 2005 established under 

11 sections 2906 and 2906A of the Defense Base Closure and 

12 Realignment Act of 1990 (part A of title XXIX of Public 

13 Law 101–510; 10 U.S.C. 2687 note).’’. 

14 SEC. 315. ANALYSIS AND REPORT REGARDING CONTAMINA15 TION AND REMEDIATION RESPONSIBILITY 

16 FOR NORWALK DEFENSE FUEL SUPPLY 

17 POINT, NORWALK, CALIFORNIA. 

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

19 Force shall conduct a comprehensive analysis on the con20 tamination and remediation costs of the Norwalk Defense 

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

22 analysis, the Secretary shall— 

23 (1) characterize the contamination at the Nor24 walk Defense Fuel Supply Point; 


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

2 Norwalk Defense Fuel Supply Point; 

3 (3) prepare an estimate of anticipated costs to 

4 responsible parties; 

5 (4) prepare a timeline for implementation and 

6 completion of the remediation at the Norwalk De7 fense Fuel Supply Point; 

8 (5) describe the status of efforts to reach an al9 location agreement of responsibility for remediation 

10 of the Norwalk Defense Fuel Supply Point with all 

11 entities that have contributed to the contamination 

12 of the property; and 

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

14 infrastructure at the Norwalk Defense Fuel Supply 

15 Point, including costs and responsibility for those 

16 costs of elements of that plan. 

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

18 2007, the Secretary shall submit to Congress a report con19 taining the results of the analysis conducted under sub20 section (a) and addressing each of the matters specified 

21 in paragraphs (1) through (6) of such subsection. 

22 (c) CONVEYANCE REQUIREMENTS.—The Secretary 

23 shall not convey property by public auction at the Norwalk 

24 Defense Fuel Supply Point before such time as the Sec25 retary has— 


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1 (1) pursued a fair market transfer of the prop2 erty to the City of Norwalk, California, taking into 

3 consideration all contamination of the property; 

4 (2) submitted the report required by subsection 

5 (b); and 

6 (3) submitted an additional report to Congress 

7 explaining the efforts undertaken by the Secretary to 

8 reach agreement with the City on the sale of the 

9 property, including the reasons that those efforts 

10 were not successful, and 30-days have elapsed after 

11 this report is submitted. 

12 SEC. 316. REPORT REGARDING SCOPE OF PERCHLORATE 

13 CONTAMINATION AT FORMERLY USED DE14 FENSE SITES. 

15 Not later than 180 days after the date of the enact16 ment of this Act, the Secretary of Defense shall submit 

17 to Congress a report containing the results of a study of 

18 the scope of perchlorate contamination at Formerly Used 

19 Defense Sites. As part of the report, the Secretary shall 

20 identify the military installations or contractors that may 

21 have stored perchlorate or products containing per22 chlorate. 


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1 Subtitle C—Workplace and Depot 

2 Issues 

3 SEC. 321. EXTENSION OF EXCLUSION OF CERTAIN EXPEND4 ITURES FROM PERCENTAGE LIMITATION ON 

5 CONTRACTING FOR DEPOT-LEVEL MAINTE6 NANCE. 

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

8 is amended by striking ‘‘fiscal years 2003 through 2009’’ 

9 and inserting ‘‘fiscal years 2003 through 2014’’. 

10 SEC. 322. MINIMUM CAPITAL INVESTMENT FOR AIR FORCE 

11 DEPOTS. 

12 (a) INVESTMENT REQUIRED.—Chapter 803 of title 

13 10, United States Code, is amended by adding at the end 

14 the following new section: 

15 ‘‘§ 8025. Minimum capital investment in Air Force de16 pots 

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

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

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

20 amount equal to not less than six percent of the total com21 bined revenue of all the depots of the Air Force for the 

22 preceding fiscal year. 

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

24 waive the requirement under subsection (a) if the Sec25 retary determines that the waiver is necessary for reasons 


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1 of national security and notifies the congressional defense 

2 committees.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by adding 

5 at the end the following new item: 

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

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

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

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

9 SEC. 323. EXTENSION OF TEMPORARY AUTHORITY FOR 

10 CONTRACTOR PERFORMANCE OF SECURITY 

11 GUARD FUNCTIONS. 

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

13 Bob Stump National Defense Authorization Act for Fiscal 

14 Year 2003 (Public Law 107–314) is amended by striking 

15 ‘‘September 30, 2007’’ both places it appears and insert16 ing ‘‘September 30, 2008’’. 

17 (b) REPORT ON CONTRACTOR PERFORMANCE OF SE18 CURITY-GUARD FUNCTIONS.—Not later than February 1, 

19 2007, the Secretary of Defense shall submit to the Com20 mittee on Armed Services of the Senate and the Com21 mittee on Armed Services of the House of Representatives, 

22 a report on contractor performance of security guard func23 tions under section 332 of the Bob Stump National De24 fense Authorization Act for Fiscal Year 2003 (Public Law 

25 107–314). The report shall include the following: 


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1 (1) An explanation of progress made toward im2 plementing each of the seven recommendations in 

3 the Comptroller General report entitled ‘‘Contract 

4 Security Guards: Army’s Guard Program Requires 

5 Greater Oversight and Reassessment of Acquisition 

6 Approach’’ (GAO–06–284). 

7 (2) An assessment, taking into considerations 

8 the observations made by the GAO on the report of 

9 the Department of Defense of November 2005 that 

10 is entitled ‘‘Department of Defense Installation Se11 curity Guard Requirement Assessment and Plan’’, of 

12 the following: 

13 (A) The cost-effectiveness of using contrac14 tors rather than Department of Defense em15 ployees to perform security-guard functions. 

16 (B) The performance of contractors em17 ployed as security guards compared with the 

18 performance of military personnel who have 

19 served as security guards. 

20 (C) Specific results of on-site visits made 

21 by officials designated by the Secretary of De22 fense to military installations using contractors 

23 to perform security-guard functions. 

24 (c) CONTRACT LIMITATION.—No contract may be en25 tered into under section 332 of the Bob Stump National 


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1 Defense Authorization Act for Fiscal Year 2003 (Public 

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

3 required under subsection (b) is submitted. 

4 SEC. 324. REPORT ON CH–47 HELICOPTER RESET. 

5 Not later than 60 days after the date of the enact6 ment of this Act, the Secretary of the Army shall submit 

7 to the congressional defense committees a report that out8 lines the plan of the Army to reset all CH–47 aircraft in 

9 the active and reserve components. The Secretary shall in10 clude in the report a description of the plan, the timeline, 

11 and the costs for the reset of those aircraft. 

12 Subtitle D—Reports 

13 SEC. 331. REPORT ON NUCLEAR ATTACK SUBMARINE 

14 DEPOT MAINTENANCE. 

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

16 2007, the Secretary of the Navy shall submit to the Com17 mittee on Armed Services of the Senate and the Com18 mittee on Armed Services of the House of Representatives 

19 a report describing the criteria used when a nuclear attack 

20 submarine is sent to a facility other than a facility located 

21 within 200 miles of the homeport of the submarine for 

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

23 public or private facility located within 200 miles of the 

24 homeport at which the maintenance required could be con25 ducted. 


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

2 under subsection (a) shall include the following: 

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

4 the crew of the submarine. 

5 (2) The costs associated with traveling to the 

6 homeport of the submarine for official duty. 

7 (3) The treatment of crew time while the sub8 marine is undergoing nondeployed maintenance work 

9 away from the homeport. 

10 (4) An assessment of the effect that mainte11 nance conducted away from the homeport of a sub12 marine has on the families of the members stationed 

13 on that submarine. 

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

15 enlisted members stationed on the submarine. 

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

17 crews or semi-permanent engineering crews for 

18 maintenance availabilities that exceed 13 months. 

19 (c) RESTRICTION ON MAINTENANCE AWAY FROM

20 HOMEPORT.— 

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

22 the Secretary of the Navy may not conduct mainte23 nance described in subsection (d) on a nuclear at24 tack submarine at a facility other than a facility lo25 cated within 200 miles of the homeport of that subVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 marine if there is a public or private facility located 

2 within 200 miles of the homeport at which the main3 tenance required could be conducted without ad4 versely affecting operational deployment schedules. 

5 (2) NOTIFICATION REQUIRED.—Not later than 

6 five days before maintenance restricted under para7 graph (1) is conducted due to operation deployment 

8 schedules, the Secretary of the Navy shall provide to 

9 the congressional defense committees written notice 

10 of the maintenance that is to be conducted and the 

11 justification for conducting that maintenance. 

12 (d) COVERED MAINTENANCE.—Maintenance de13 scribed in this subsection is any of the following: 

14 (1) Maintenance referred to as selected re15 stricted availability maintenance. 

16 (2) Maintenance referred to as preinactivation 

17 restricted availability maintenance. 

18 (3) Maintenance referred to as extended se19 lected restricted availability maintenance. 

20 (4) Maintenance referred to as interim dry dock 

21 availabilities. 

22 SEC. 332. REPORT ON NAVY FLEET RESPONSE PLAN. 

23 (a) REPORT REQUIRED.—Not later than December 

24 1, 2006, the Secretary of the Navy shall submit to the 

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1 mittee on Armed Services of the House of Representatives 

2 a report on the program of the Navy referred to as the 

3 Fleet Response Plan. The report shall include the fol4 lowing: 

5 (1) A directive that provides guidance for the 

6 conduct of the Plan and standardizes terms and 

7 definitions. 

8 (2) Performance measures for evaluation of the 

9 Plan. 

10 (3) Costs and resources needed to achieve ob11 jectives of the Plan. 

12 (4) Operational tests, exercises, war games, ex13 periments, and deployments used to test perform14 ance. 

15 (5) A collection and synthesis of lessons learned 

16 from the implementation of the Plan as of the date 

17 on which the report is submitted. 

18 (6) Evaluation of each of the following with re19 spect to each ship participating in the Plan: 

20 (A) Combat Readiness. 

21 (B) Ship material condition. 

22 (C) Number of maintenance deficiencies. 

23 (D) Amount of maintenance accomplished 

24 while underway. 


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1 (E) Amount of maintenance accomplished 

2 at pier dockings. 

3 (F) Number of voyage repairs during each 

4 deployment. 

5 (G) Combat skills training requirements 

6 accomplished during a deployment and at the 

7 home station. 

8 (H) Professional development training re9 quirements accomplished during a deployment 

10 and at home station. 

11 (I) Crew retention statistics. 

12 (7) Any proposed changes to the Surface Force 

13 Training Manual. 

14 (8) The amount of funding required to effec15 tively implement the operations and maintenance re16 quirements of the Plan and the effect of providing 

17 funding in an amount less than that amount. 

18 (9) Any recommendations of the Secretary of 

19 the Navy with respect to expanding the Plan to in20 clude Expeditionary Strike Groups. 

21 (b) COMPTROLLER GENERAL REPORT.—Not later 

22 than March 15, 2007, the Comptroller General shall sub23 mit to the congressional defense committees a report con24 taining a review of the Navy report required under sub25 section (a). The report shall include the following: 


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1 (1) An examination of the management ap2 proaches of the Navy in implementing the Fleet Re3 sponse Plan. 

4 (2) An assessment of the adequacy of Navy di5 rectives and guidance with respect to maintenance 

6 and training requirements and procedures. 

7 (3) An analysis and assessment of the adequacy 

8 of the Navy’s test, exercises, and evaluation criteria. 

9 (4) An evaluation of Navy data on aircraft car10 riers, destroyers, and cruisers that participated in 

11 the Fleet Response Plan with respect to readiness, 

12 response time, and availability for routine or unfore13 seen deployments. 

14 (5) An assessment of the Navy’s progress in 

15 identifying the amount of funding required to effec16 tively implement the operations and maintenance re17 quirements of the Fleet Response Plan and the ef18 fect of providing funding in an amount less than 

19 that amount. 

20 (6) Any recommendations of the Comptroller 

21 General with respect to expanding the Fleet Re22 sponse Plan to include Expeditionary Strike Groups. 

23 (c) POSTPONEMENT OF EXPANSION.—The Secretary 

24 of the Navy may not expand the implementation of the 


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1 Fleet Response Plan beyond the Carrier Strike Groups 

2 until October 1, 2007. 

3 SEC. 333. REPORT ON NAVY SURFACE SHIP ROTATIONAL 

4 CREW PROGRAMS. 

5 (a) REPORT REQUIRED.—Not later than April 1, 

6 2007, the Secretary of the Navy shall submit to the Com7 mittee on Armed Services of the Senate and the Com8 mittee on Armed Services of the House of Representatives 

9 a report on the ship rotational crew experiment referred 

10 to in subsection (c)(1). The report shall include the fol11 lowing: 

12 (1) A comparison between the three destroyers 

13 participating in that experiment and destroyers not 

14 participating in the experiment that takes into con15 sideration each of the following: 

16 (A) Cost-effectiveness, including a com17 parison of travel and per diem expenses, main18 tenance costs, and other costs. 

19 (B) Maintenance procedures, impacts, and 

20 deficiencies, including the number and charac21 terization of maintenance deficiencies, the ex22 tent of voyage repairs, post-deployment assess23 ments of the material condition of the ships, 

24 and the extent to which work levels were main25 tained. 


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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. 


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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 

6 the Navy with respect to the extension of the ship 

7 rotational crew experiment or the implementation of 

8 the experiment for other surface vessels. 

9 (b) POSTPONEMENT OF IMPLEMENTATION.—The 

10 Secretary of the Navy may not begin implementation of 

11 any new surface ship rotational crew experiment or pro12 gram during the period beginning on the date of the enact13 ment 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 

17 terminate the existing ship rotational crew experi18 ment involving the U.S.S. Gonzalez (DDG–66), the 

19 U.S.S. Stout (DDG–55), and the U.S.S. Laboon 

20 (DDG–58) that is known as the ‘‘sea swap’’. 

21 (2) PATROL COASTAL CLASS SHIP EXPERI22 MENT.—The Secretary of the Navy may continue 

23 the existing ship rotational crew program that is 

24 currently in use by overseas-based Patrol Coastal 

25 class ships. 


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1 (d) COMPTROLLER GENERAL REPORT.—Not later 

2 than July 15, 2007, the Comptroller General shall submit 

3 to the Committee on Armed Services of the Senate and 

4 the Committee on Armed Services of the House of Rep5 resentatives a report on the ship rotational crew experi6 ment referred to in subsection (c)(1). The report shall in7 clude the following: 

8 (1) A review of the report submitted by the 

9 Secretary of the Navy under subsection (a) and an 

10 assessment of the extent to which the Secretary fully 

11 addressed costs, quality of life, training, mainte12 nance, and mission effectiveness, and other relevant 

13 issues in that report. 

14 (2) An assessment of the extent to which the 

15 Secretary established and applied a comprehensive 

16 framework for assessing the use of ship rotational 

17 crew experiments, including formal objectives, 

18 metrics, and methodology for assessing the cost-ef19 fectiveness of such experiments. 

20 (3) An assessment of the extent to which the 

21 Secretary established effective guidance for the use 

22 of ship rotational crew experiments. 

23 (4) Lessons learned from recent ship rotational 

24 crew experiments and an assessment of the extent to 


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1 which the Navy systematically collects and shares 

2 lessons learned. 

3 (e) CONGRESSIONAL BUDGET OFFICE REPORT.— 

4 Not later than July 15, 2007, the Director of the Congres5 sional Budget Office shall submit a report to the Com6 mittee on Armed Services of the Senate and the Com7 mittee on Armed Services of the House of Representatives 

8 on the long-term implications of the use of crew rotation 

9 on Navy ships on the degree of forward presence provided 

10 by Navy ships. The report shall include the following: 

11 (1) An analysis of different approaches to crew 

12 rotation and the degree of forward presence each ap13 proach would provide. 

14 (2) A comparison of the degree of forward pres15 ence provided by the fleet under the long-term ship16 building plan of the Navy with and without the 

17 widespread use of crew rotation. 

18 (3) The long-term benefits and costs of using 

19 crew rotation on Navy ships. 

20 SEC. 334. REPORT ON ARMY LIVE-FIRE RANGES IN HAWAII. 

21 Not later than March 1, 2007, the Secretary of the 

22 Army shall submit to Congress a report on the adequacy 

23 of the live-fire ranges of the Army in the State of Hawaii 

24 with respect to current and future training requirements. 

25 The report shall include the following: 


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1 (1) An evaluation of the capacity of the existing 

2 live-fire ranges to meet the training requirements of 

3 the Army, including the training requirements of 

4 Stryker Brigade Combat Teams. 

5 (2) A description of any existing plan to modify 

6 or expand any range in Hawaii for the purpose of 

7 meeting anticipated live-fire training requirements. 

8 (3) A description of the current live-fire restric9 tions at the Makua Valley range and the effect of 

10 these restrictions on unit readiness. 

11 (4) Cost and schedule estimates for the con12 struction of new ranges or the modification of exist13 ing ranges that are necessary to support future 

14 training requirements if existing restrictions on 

15 training at the Makua Valley range remain in place. 

16 SEC. 335. COMPTROLLER GENERAL REPORT ON JOINT 

17 STANDARDS AND PROTOCOLS FOR ACCESS 

18 CONTROL SYSTEMS AT DEPARTMENT OF DE19 FENSE INSTALLATIONS. 

20 (a) REPORT REQUIRED.—Not later than one year 

21 after the date of the enactment of this Act, the Comp22 troller General shall submit to the Committee on Armed 

23 Services of the Senate and the Committee on Armed Serv24 ices of the House of Representatives a report containing 

25 the assessment of the Comptroller General of— 


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1 (1) the extent to which consistency exists in 

2 standards, protocols, and procedures for access con3 trol across installations of the Department of De4 fense; and 

5 (2) whether the establishment of joint stand6 ards and protocols for access control at such instal7 lations would be likely to— 

8 (A) address any need of the Department 

9 identified by the Comptroller General; or 

10 (B) improve access control across the in11 stallations by providing greater consistency and 

12 improved force protection. 

13 (b) ISSUES TO BE ASSESSED.—In conducting the as14 sessment required by subsection (a), the Comptroller Gen15 eral shall assess the extent to which each installation of 

16 the Department of Defense has or would benefit from hav17 ing an access control system with the ability to— 

18 (1) electronically check any identification card 

19 issued by any Federal agency or any State or local 

20 government within the United States, including any 

21 identification card of a visitor to the installation who 

22 is a citizen or legal resident of the United States; 

23 (2) verify that an identification card used to ob24 tain access to the installation was legitimately issued 

25 and has not been reported lost or stolen; 


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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 

17 to the congressional defense committees, the Committee 

18 on Homeland Security and Governmental Affairs of the 

19 Senate, and the Committee on Government Reform of the 

20 House of Representatives, a report on the future require21 ments of the Department of Defense with respect to the 

22 Personnel Security Investigations for Industry and the 

23 National Industrial Security Program of the Defense Se24 curity Service. 

25 (b) CONTENTS OF REPORTS.— 


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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 

5 clearance investigations conducted during the 

6 period beginning on October 1, 1999, and end7 ing on 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 

11 Defense of each security clearance granted dur12 ing 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 

16 clearance investigation. 

17 (E) A description of the procedures used 

18 by the Secretary of Defense to estimate the 

19 number of personnel security clearance inves20 tigations to be conducted during a fiscal year. 

21 (F) A description of any effect of delays 

22 and backlogs in the personnel security clearance 

23 investigation process on the national security of 

24 the United States. 


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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 

8 Defense to adequately fund the personnel secu9 rity 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 

15 defense contractors, in the plans of the Sec16 retary of Defense under subparagraphs (H), 

17 (I), and (J). 

18 (2) SUBSEQUENT REPORTS.—Each report re19 quired to be submitted under subsection (a) after 

20 the submission of the initial report shall include each 

21 of the following: 

22 (A) The funding requirements of the per23 sonnel security clearance investigation program 

24 and ability of the Secretary of Defense to fund 

25 the program. 


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1 (B) The size of the personnel security 

2 clearance investigation process backlog. 

3 (C) The length of the average delay for an 

4 individual case pending in the personnel secu5 rity clearance investigation process. 

6 (D) Any progress made by the Secretary of 

7 Defense during the six months preceding the 

8 date on which the report is submitted toward 

9 implementing planned changes in the personnel 

10 security clearance investigation process. 

11 (E) A determination certified by the Sec12 retary of Defense of whether the personnel se13 curity clearance investigation process has im14 proved during the six months preceding the 

15 date on which the report is submitted. 

16 (c) COMPTROLLER GENERAL REPORT.—As soon as 

17 practicable after the Secretary of Defense submits the ini18 tial report required under subsection (a), the Comptroller 

19 General shall submit a report to Congress that contains 

20 a review 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 SeVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 curity Investigations Program of the Depart2 ment of Defense as a systemic weakness that 

3 affects more than one component of the Depart4 ment and may jeopardize the operations of the 

5 Department. 

6 (B) In 2005, the Government Account7 ability Office designated the Personnel Security 

8 Investigations Program as a high-risk area be9 cause delays by the Program in issuing security 

10 clearances can affect national security. 

11 (C) In 2005, the Government Account12 ability Office found that the Department of De13 fense continues to face sizeable security clear14 ance backlogs. 

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. 


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1 (2) SENSE OF CONGRESS.—It is the sense of 

2 Congress that— 

3 (A) the delays and backlogs associated 

4 with the Personnel Security Investigations Pro5 gram threaten the national security of the 

6 United States and key defense industrial assets; 

7 and 

8 (B) the Secretary of Defense should take 

9 such steps as are necessary to eliminate the 

10 backlogs of applications for security clearance 

11 and the delays associated with the security 

12 clearance application process and make sys13 temic improvements to the Personnel Security 

14 Investigations Program. 

15 Subtitle E—Other Matters 

16 SEC. 341. DEPARTMENT OF DEFENSE STRATEGIC POLICY 

17 ON PREPOSITIONING OF MATERIEL AND 

18 EQUIPMENT. 

19 (a) STRATEGIC POLICY REQUIRED.—Chapter 131 of 

20 title 10, United States Code, is amended by adding at the 

21 end the following new section: 

22 ‘‘§ 2229. Strategic policy on prepositioning of materiel 

23 and equipment 

24 ‘‘(a) POLICY REQUIRED.—The Secretary of Defense 

25 shall maintain a strategic policy on the programs of the 


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1 Department of Defense for the prepositioning of materiel 

2 and equipment. Such policy shall take into account na3 tional security threats, strategic mobility, and service re4 quirements. 

5 ‘‘(b) LIMITATION OF DIVERSION OF PREPOSITIONED

6 MATERIEL.—The Secretary of a military department may 

7 not divert materiel or equipment from prepositioned stocks 

8 except— 

9 ‘‘(1) in accordance with a change made by the 

10 Secretary of Defense to the policy maintained under 

11 subsection (a); or 

12 ‘‘(2) for the purpose of supporting a contin13 gency operation. 

14 ‘‘(c) CONGRESSIONAL NOTIFICATION.—The Sec15 retary of Defense may not implement or change the policy 

16 required under subsection (a) until the Secretary submits 

17 to the congressional defense committees a report describ18 ing the policy or change to the policy.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by adding 

21 at the end the following new item: 

‘‘2229. Strategic policy on prepositioning of materiel and equipment.’’. 

22 (c) DEADLINE FOR ESTABLISHMENT OF POLICY.— 

23 (1) DEADLINE.—Not later than six months 

24 after the date of the enactment of this Act, the Sec25 retary of Defense shall establish the strategic policy 


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1 on the programs of the Department of Defense for 

2 the prepositioning of materiel and equipment re3 quired under section 2229 of title 10, United States 

4 Code, as added by subsection (a). 

5 (2) LIMITATION ON DIVERSION OF

6 PREPOSITIONED MATERIEL.—During the period be7 ginning on the date of the enactment of this Act and 

8 ending on the date on which the Secretary of De9 fense submits the report required under section 

10 2229(c) of title 10, United States Code, on the pol11 icy established under paragraph (1), the Secretary of 

12 a military department may not divert materiel or 

13 equipment from prepositioned stocks except for the 

14 purpose of supporting a contingency operation. 

15 SEC. 342. AUTHORITY TO MAKE DEPARTMENT OF DEFENSE 

16 HORSES AVAILABLE FOR ADOPTION AT END 

17 OF USEFUL WORKING LIFE. 

18 (a) INCLUSION OF DEPARTMENT OF DEFENSE

19 HORSES IN EXISTING AUTHORITY.—Section 2583 of title 

20 10, United States Code, is amended— 

21 (1) in the section heading, by striking ‘‘work22 ing dogs’’ and inserting ‘‘animals’’; 

23 (2) by striking ‘‘working’’ each place it appears; 


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1 (3) by striking ‘‘dog’’ and ‘‘dogs’’ each place 

2 they appear and inserting ‘‘animal’’ and ‘‘animals’’, 

3 respectively; 

4 (4) by striking ‘‘dog’s’’ in paragraphs (1) and 

5 (2) of subsection (a) and inserting ‘‘animal’s’’; 

6 (5) by striking ‘‘a dog’s adoptability’’ in sub7 section (b) and inserting ‘‘the adoptability of the 

8 animal’’; and 

9 (6) by adding at the end the following new sub10 section: 

11 ‘‘(g) MILITARY ANIMAL DEFINED.—In this section, 

12 the term ‘military animal’ means the following: 

13 ‘‘(1) A military working dog. 

14 ‘‘(2) A horse owned by the Department of De15 fense.’’. 

16 (b) CLERICAL AMENDMENT.—The item relating to 

17 such section in the table of sections at the beginning of 

18 chapter 153 of such title is amended to read as follows: 

‘‘2583. Military animals: transfer and adoption at end of useful working life.’’. 

19 SEC. 343. SALE AND USE OF PROCEEDS OF RECYCLABLE 

20 MUNITIONS MATERIALS. 

21 (a) ESTABLISHMENT OF PROGRAM.—Chapter 443 of 

22 title 10, United States Code, is amended by adding at the 

23 end the following new section: 


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1 ‘‘§ 4690. Recyclable munitions materials: sale; use of 

2 proceeds 

3 ‘‘(a) AUTHORITY FOR PROGRAM.—Notwithstanding 

4 section 2577 of this title, the Secretary of the Army may 

5 carry out a program to sell recyclable munitions materials 

6 resulting from the demilitarization of conventional military 

7 munitions without regard to chapter 5 of title 40 and use 

8 any proceeds in accordance with subsection (c). 

9 ‘‘(b) METHOD OF SALE.—The Secretary shall use 

10 competitive procedures to sell recyclable munitions mate11 rials under this section in accordance with Federal pro12 curement laws and regulations. 

13 ‘‘(c) PROCEEDS.—(1) Proceeds from the sale of recy14 clable munitions materials under this section shall be cred15 ited to an account that is specified as being for Army am16 munition demilitarization from funds made available for 

17 the procurement of ammunition, to be available only for 

18 reclamation, recycling, and reuse of conventional military 

19 munitions (including research and development and equip20 ment purchased for such purpose). 

21 ‘‘(2) Amounts credited under this subsection shall be 

22 available for obligation for the fiscal year during which 

23 the funds are so credited and for three subsequent fiscal 

24 years. 

25 ‘‘(d) REGULATIONS.—The Secretary shall prescribe 

26 regulations to carry out the program established under 


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1 this section. Such regulations shall be consistent and in 

2 compliance with the Solid Waste Disposal Act (42 U.S.C. 

3 6901 et seq.) and the regulations implementing that Act.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 at the end the following new item: 

‘‘4690. Recyclable munitions materials: sale; use of proceeds.’’. 

7 SEC. 344. CAPITAL SECURITY COST SHARING. 

8 (a) RECONCILIATION REQUIRED.—For each fiscal 

9 year, the Secretary of Defense shall reconcile (1) the esti10 mate of overseas presence of the Secretary of Defense 

11 under subsection (b) for that fiscal year, with (2) the de12 termination of the Secretary of State under section 

13 604(e)(1) of the Secure Embassy Construction and 

14 Counterterrorism Act of 1999 (22 U.S.C. 4865 note) of 

15 the total overseas presence of the Department of Defense 

16 for that fiscal year. 

17 (b) ANNUAL ESTIMATE OF OVERSEAS PRESENCE.— 

18 Not later than February 1 of each year, the Secretary of 

19 Defense shall submit to the congressional defense commit20 tees an estimate of the total number of Department of 

21 Defense overseas personnel subject to chief of mission au22 thority pursuant to section 207 of the Foreign Service Act 

23 of 1980 (22 U.S.C. 3927) during the fiscal year that be24 gins on October 1 of that year. 


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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, pro7 gramming, budgeting, and execution systems of the De8 partment of the Navy to ensure that financial resources 

9 are provided for each fiscal year as necessary to enable 

10 the Navy to fund the following requirements of the Navy 

11 for that fiscal year: 

12 (1) 100 percent of the requirements for steam13 ing days per quarter for deployed ship operations. 

14 (2) 100 percent of the requirements for steam15 ing days per quarter for non-deployed ship oper16 ations. 

17 (3) 100 percent of the projected ship and air 

18 depot maintenance. 

19 (b) LIMITATION OF FUNDS FOR NAVY EXPEDI20 TIONARY COMBAT COMMAND.—Of the funds appropriated 

21 for the Department of Navy for any fiscal year after fiscal 

22 year 2006, no operation and maintenance funds may be 

23 expended for the Navy Expeditionary Combat Command 

24 until the funding priorities in subsection (a) are met for 

25 that fiscal year. 


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1 (c) ANNUAL REPORT.—The Secretary of Navy shall 

2 submit to the congressional defense committees an annual 

3 report, to be submitted each year with the annual oper4 ation and maintenance justification of estimates material 

5 for the next fiscal year, that certifies that the require6 ments in subsection (a) are satisfied for the fiscal year 

7 for which that material is submitted. 

8 SEC. 346. PRIORITIZATION OF FUNDS WITHIN ARMY RE9 CONSTITUTION AND TRANSFORMATION. 

10 (a) IN GENERAL.—The Secretary of the Army shall 

11 take such steps as necessary through the planning, pro12 gramming, budgeting, and execution systems of the De13 partment of the Army to ensure that financial resources 

14 are provided for each fiscal year as necessary to enable 

15 the Army to meet its requirements in that fiscal year for 

16 each of the following: 

17 (1) The repair, recapitalization, and replace18 ment of equipment used in the Global War on Ter19 rorism, based on implementation of requirements 

20 based on a cost estimate for such purposes of at 

21 least $72,300,000,000 over the period of the five fis22 cal years beginning with fiscal year 2008. 

23 (2) The fulfillment of equipment requirements 

24 of units transforming to modularity in accordance 

25 with the Modular Force Initiative report submitted 


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1 to Congress in March 2006, based on implementa2 tion of requirements based on a cost estimate for 

3 such purposes of $47,600,000,000 over the period of 

4 the five fiscal years beginning with fiscal year 2008. 

5 (3) The reconstitution of equipment and mate6 riel in prepositioned stocks by 2012 in accordance 

7 with requirements under the Army Prepositioned 

8 Stocks Strategy 2012 or a subsequent strategy im9 plemented under the guidelines in section 2229 of 

10 title 10, United States Code. 

11 (b) ANNUAL REPORT.—The Secretary of the Army 

12 shall submit to the congressional defense committees an 

13 annual report, until the requirements of subsection (a) 

14 have been met, setting forth the progress toward meeting 

15 those requirements. Any information required to be in16 cluded in the report concerning funding priorities under 

17 paragraph (1) or (2) of subsection (a) shall be itemized 

18 by active duty component and reserve component. The re19 port for any year shall be submitted at the time the budget 

20 of the President for the next fiscal year is submitted to 

21 Congress. Each such report shall include the following: 

22 (1) A complete itemization of the requirements 

23 for the funding priorities in subsection (a), including 

24 an itemization for all types of modular brigades for 

25 both active and reserve components. 


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1 (2) A list of any shortfalls that exist between 

2 available funding, equipment, supplies, and indus3 trial capacity and required funding, equipment, sup4 plies, and industrial capacity in accordance with the 

5 funding priorities in subsection (a). 

6 (3) A list of the requirements for the funding 

7 priorities in subsection (a) that the Army has in8 cluded in the budget for that fiscal year, including 

9 a detailed listing of the type, quantity, and cost of 

10 the equipment the Army plans to repair, recapitalize, 

11 or procure, set forth by appropriations account and 

12 Army component. 

13 (4) An assessment of the progress made during 

14 that fiscal year toward meeting the overall require15 ments of the funding priorities in subsection (a). 

16 (5) A description of how the Army defines costs 

17 associated with modularity versus the costs associ18 ated with modernizing equipment platforms and re19 pairing, recapitalizing, and replacing equipment used 

20 during the global war on terrorism. 

21 (6) The results of Army assessments of mod22 ular force capabilities, including lessons learned from 

23 existing modular units and any modifications that 

24 have been made to modularity. 


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1 (7) The assessment of each of the Chief of the 

2 National Guard Bureau and the Chief of the Army 

3 Reserve of each of the items described in paragraphs 

4 (1) through (6). 

5 (c) LIMITATION ON FUNDS FOR FUTURE COMBAT

6 SYSTEMS.—Of the funds appropriated for the Army for 

7 any fiscal year after fiscal year 2007, not more than 

8 $2,850,000,000 may be expended for the Future Combat 

9 Systems until the funding priorities in subsection (a) are 

10 met for that fiscal year. 

11 (d) USE OF EXCESS FUNDS FOR FUTURE COMBAT

12 SYSTEMS.—Any funds appropriated for the Future Com13 bat Systems for any fiscal year not expended in accord14 ance with subsection (c) shall be used for programs speci15 fied in subsection (a). 

16 (e) EXCEPTION FOR NON-LINE-OF-SIGHT CANNON

17 SYSTEM.—This section does not apply with respect to the 

18 obligation of funds for systems development and dem19 onstration of the non-line-of-sight cannon system. 

20 TITLE IV—MILITARY 

21 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. 


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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. 

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) 

13 for active duty personnel for fiscal year 2007 is sub14 ject to the condition that costs of active duty per15 sonnel of the Army for that fiscal year in excess of 

16 482,400 shall be paid out of funds authorized to be 

17 appropriated for that fiscal year for a contingent 

18 emergency reserve fund or as an emergency supple19 mental appropriation. 


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1 (2) MARINE CORPS.—The authorized strength 

2 for the Marine Corps provided in paragraph (3) of 

3 subsection (a) for active duty personnel for fiscal 

4 year 2007 is subject to the condition that costs of 

5 active duty personnel of the Marine Corps for that 

6 fiscal year in excess of 175,000 shall be paid out of 

7 funds authorized to be appropriated for that fiscal 

8 year for a contingent emergency reserve fund or as 

9 an emergency supplemental appropriation. 

10 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

11 STRENGTH MINIMUM LEVELS. 

12 Section 691(b) of title 10, United States Code, is 

13 amended by striking paragraphs (1) through (4) and in14 serting the following: 

15 ‘‘(1) For the Army, 504,400. 

16 ‘‘(2) For the Navy, 340,700. 

17 ‘‘(3) For the Marine Corps, 180,000. 

18 ‘‘(4) For the Air Force, 334,200.’’. 

19 SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF 

20 ARMY AND MARINE CORPS ACTIVE DUTY END 

21 STRENGTHS FOR FISCAL YEARS 2008 AND 

22 2009. 

23 Effective October 1, 2007, the text of section 403 of 

24 the Ronald W. Reagan National Defense Authorization 


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1 Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

2 1863) is amended to read as follows: 

3 ‘‘(a) AUTHORITY.— 

4 ‘‘(1) ARMY.—For each of fiscal years 2008 and 

5 2009, the Secretary of Defense may, as the Sec6 retary determines necessary for the purposes speci7 fied in paragraph (3), establish the active-duty end 

8 strength for the Army at a number greater than the 

9 number otherwise authorized by law up to the num10 ber equal to the fiscal-year 2007 baseline plus 

11 20,000. 

12 ‘‘(2) MARINE CORPS.—For each of fiscal years 

13 2008 and 2009, the Secretary of Defense may, as 

14 the Secretary determines necessary for the purposes 

15 specified in paragraph (3), establish the active-duty 

16 end strength for the Marine Corps at a number 

17 greater than the number otherwise authorized by law 

18 up to the number equal to the fiscal-year 2007 base19 line plus 4,000. 

20 ‘‘(3) PURPOSE OF INCREASES.—The purposes 

21 for which increases may be made in Army and Ma22 rine Corps active duty end strengths under para23 graphs (1) and (2) are— 

24 ‘‘(A) to support operational missions; and 


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1 ‘‘(B) to achieve transformational reorga2 nization objectives, including objectives for in3 creased numbers of combat brigades and battal4 ions, increased unit manning, force stabilization 

5 and shaping, and rebalancing of the active and 

6 reserve component forces. 

7 ‘‘(4) FISCAL-YEAR 2007 BASELINE.—In this 

8 subsection, the term ‘fiscal-year 2007 baseline’, with 

9 respect to the Army and Marine Corps, means the 

10 active-duty end strength authorized for those serv11 ices in section 401 of the National Defense Author12 ization Act for Fiscal Year 2007. 

13 ‘‘(5) ACTIVE-DUTY END STRENGTH.—In this 

14 subsection, the term ‘active-duty end strength’ 

15 means the strength for active-duty personnel of one 

16 of the Armed Forces as of the last day of a fiscal 

17 year. 

18 ‘‘(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU19 THORITY.—Nothing in this section shall be construed to 

20 limit the President’s authority under section 123a of title 

21 10, United States Code, to waive any statutory end 

22 strength in a time of war or national emergency. 

23 ‘‘(c) RELATIONSHIP TO OTHER VARIANCE AUTHOR24 ITY.—The authority under subsection (a) is in addition 

25 to the authority to vary authorized end strengths that is 


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1 provided in subsections (e) and (f) of section 115 of title 

2 10, United States Code. 

3 ‘‘(d) BUDGET TREATMENT.— 

4 ‘‘(1) FISCAL YEAR 2008 BUDGET.—The budget 

5 for the Department of Defense for fiscal year 2008 

6 as submitted to Congress shall comply, with respect 

7 to funding, with subsections (c) and (d) of section 

8 691 of title 10, United States Code. 

9 ‘‘(2) OTHER INCREASES.—If the Secretary of 

10 Defense plans to increase the Army or Marine Corps 

11 active duty end strength for a fiscal year under sub12 section (a), then the budget for the Department of 

13 Defense for that fiscal year as submitted to Con14 gress shall include the amounts necessary for fund15 ing that active duty end strength in excess of the fis16 cal year 2007 active duty end strength authorized 

17 for that service under section 401 of the National 

18 Defense Authorization Act for Fiscal Year 2007.’’. 

19 Subtitle B—Reserve Forces 

20 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

21 (a) IN GENERAL.—The Armed Forces are authorized 

22 strengths for Selected Reserve personnel of the reserve 

23 components as of September 30, 2007, as follows: 

24 (1) The Army National Guard of the United 

25 States, 350,000. 


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1 (2) The Army Reserve, 200,000. 

2 (3) The Navy Reserve, 71,300. 

3 (4) The Marine Corps Reserve, 39,600. 

4 (5) The Air National Guard of the United 

5 States, 107,000. 

6 (6) The Air Force Reserve, 74,900. 

7 (7) The Coast Guard Reserve, 10,000. 

8 (b) ADJUSTMENTS.—The end strengths prescribed by 

9 subsection (a) for the Selected Reserve of any reserve com10 ponent shall be proportionately reduced by— 

11 (1) the total authorized strength of units orga12 nized to serve as units of the Selected Reserve of 

13 such component which are on active duty (other 

14 than for training) at the end of the fiscal year; and 

15 (2) the total number of individual members not 

16 in units organized to serve as units of the Selected 

17 Reserve of such component who are on active duty 

18 (other than for training or for unsatisfactory partici19 pation in training) without their consent at the end 

20 of the fiscal year. 

21 Whenever such units or such individual members are re22 leased from active duty during any fiscal year, the end 

23 strength prescribed for such fiscal year for the Selected 

24 Reserve of such reserve component shall be increased proVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 portionately by the total authorized strengths of such 

2 units and by the total number of such individual members. 

3 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

4 DUTY IN SUPPORT OF THE RESERVE COMPO5 NENTS. 

6 Within the end strengths prescribed in section 

7 411(a), the reserve components of the Armed Forces are 

8 authorized, as of September 30, 2007, the following num9 ber of Reserves to be serving on full-time active duty or 

10 full-time duty, in the case of members of the National 

11 Guard, for the purpose of organizing, administering, re12 cruiting, instructing, or training the reserve components: 

13 (1) The Army National Guard of the United 

14 States, 28,165. 

15 (2) The Army Reserve, 15,416. 

16 (3) The Navy Reserve, 12,564. 

17 (4) The Marine Corps Reserve, 2,261. 

18 (5) The Air National Guard of the United 

19 States, 13,291. 

20 (6) The Air Force Reserve, 2,707. 

21 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

22 (DUAL STATUS). 

23 The minimum number of military technicians (dual 

24 status) as of the last day of fiscal year 2007 for the re25 serve components of the Army and the Air Force (notwithVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 standing section 129 of title 10, United States Code) shall 

2 be the following: 

3 (1) For the Army Reserve, 7,912. 

4 (2) For the Army National Guard of the United 

5 States, 27,615. 

6 (3) For the Air Force Reserve, 10,124. 

7 (4) For the Air National Guard of the United 

8 States, 23,255. 

9 SEC. 414. FISCAL YEAR 2007 LIMITATION ON NUMBER OF 

10 NON-DUAL STATUS TECHNICIANS. 

11 (a) LIMITATIONS.— 

12 (1) NATIONAL GUARD.—Within the limitation 

13 provided in section 10217(c)(2) of title 10, United 

14 States Code, the number of non-dual status techni15 cians employed by the National Guard as of Sep16 tember 30, 2007, may not exceed the following: 

17 (A) For the Army National Guard of the 

18 United States, 1,600 

19 (B) For the Air National Guard of the 

20 United States, 350. 

21 (2) ARMY RESERVE.—The number of non-dual 

22 status technicians employed by the Army Reserve as 

23 of September 30, 2007, may not exceed 595. 

24 (3) AIR FORCE RESERVE.—The number of non25 dual status technicians employed by the Air Force 


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1 Reserve as of September 30, 2007, may not exceed 

2 90. 

3 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

4 this section, the term ‘‘non-dual status technician’’ has the 

5 meaning given that term in section 10217(a) of title 10, 

6 United States Code. 

7 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU8 THORIZED TO BE ON ACTIVE DUTY FOR 

9 OPERATIONAL SUPPORT. 

10 During fiscal year 2007, the maximum number of 

11 members of the reserve components of the Armed Forces 

12 who may be serving at any time on full-time operational 

13 support duty under section 115(b) of title 10, United 

14 States Code, is the following: 

15 (1) The Army National Guard of the United 

16 States, 17,000. 

17 (2) The Army Reserve, 13,000. 

18 (3) The Navy Reserve, 6,200. 

19 (4) The Marine Corps Reserve, 3,000. 

20 (5) The Air National Guard of the United 

21 States, 16,000. 

22 (6) The Air Force Reserve, 14,000. 


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1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 There is hereby authorized to be appropriated to the 

5 Department of Defense for military personnel for fiscal 

6 year 2007 a total of $109,820,468,000. The authorization 

7 in the preceding sentence supersedes any other authoriza8 tion of appropriations (definite or indefinite) for such pur9 pose for fiscal year 2007. 

10 SEC. 422. ARMED FORCES RETIREMENT HOME. 

11 There is hereby authorized to be appropriated for fis12 cal year 2007 from the Armed Forces Retirement Home 

13 Trust Fund the sum of $54,846,000 for the operation of 

14 the Armed Forces Retirement Home. 

15 TITLE V—MILITARY PERSONNEL 

16 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. 


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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. 

Sec. 526. Special operations fellowships. 

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. 

Sec. 534. Report on using six-month deployments for Operation Enduring 

Freedom and Operation Iraqi Freedom. 

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 


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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. 

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 

Low-Density, 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. 

Sec. 595. Inclusion in annual Department of Defense report on sexual assaults 

of information on results of disciplinary actions. 


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1 Subtitle A—Officer Personnel 

2 Policy 

3 SEC. 501. AUTHORIZED STRENGTH OF NAVY RESERVE FLAG 

4 OFFICERS. 

5 (a) SIMPLIFICATION OF COUNTING OF NAVY RE6 SERVE FLAG OFFICERS.—Subsection (c) of section 12004 

7 of title 10, United States Code, is amended to read as 

8 follows: 

9 ‘‘(c) The authorized strength of the Navy under sub10 section (a) is exclusive of officers counted under section 

11 526 of this title.’’. 

12 (b) CONFORMING AMENDMENT.—Subsection (d) of 

13 such section is amended by striking ‘‘of those’’ and insert14 ing ‘‘of officers’’. 

15 SEC. 502. STANDARDIZATION OF GRADE OF SENIOR DEN16 TAL OFFICER OF THE AIR FORCE WITH THAT 

17 OF SENIOR DENTAL OFFICER OF THE ARMY. 

18 (a) AIR FORCE ASSISTANT SURGEON GENERAL FOR

19 DENTAL SERVICES.—Section 8081 of title 10, United 

20 States Code, is amended by striking ‘‘brigadier general’’ 

21 in the second sentence and inserting ‘‘major general’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 subsection (a) shall take effect on the date of the occur24 rence of the next vacancy in the position of Assistant Sur25 geon General for Dental Services in the Air Force that 


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1 occurs after the date of the enactment of this Act or, if 

2 earlier, on the date of the appointment to the grade of 

3 major general of the officer who is the incumbent in that 

4 position on the date of the enactment of the Act. 

5 SEC. 503. MANAGEMENT OF CHIEF WARRANT OFFICERS. 

6 (a) RETENTION OF CHIEF WARRANT OFFICERS, W7 4, WHO HAVE TWICE FAILED OF SELECTION FOR PRO8 MOTION.—Section 580(e)(1) of title 10, United States 

9 Code, is amended by striking ‘‘continued on active duty 

10 if’’ and all that follows and inserting ‘‘continued on active 

11 duty if— 

12 ‘‘(A) in the case of a warrant officer in the 

13 grade of chief warrant officer, W–2, or chief warrant 

14 officer, W–3, the warrant officer is selected for con15 tinuation on active duty by a selection board con16 vened under section 573(c) of this title; and 

17 ‘‘(B) in the case of a warrant officer in the 

18 grade of chief warrant officer, W–4, the warrant of19 ficer is selected for continuation on active duty by 

20 the Secretary concerned under such procedures as 

21 the Secretary may prescribe.’’. 

22 (b) MANDATORY RETIREMENT FOR LENGTH OF

23 SERVICE.—Section 1305(a) of such title is amended— 


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1 (1) by striking ‘‘(1) Except as’’ and all the fol2 lows through ‘‘W–5)’’ and inserting ‘‘A regular war3 rant officer’’; 

4 (2) by inserting ‘‘as a warrant officer’’ after 

5 ‘‘years of active service’’; 

6 (3) by inserting ‘‘the date on which’’ after ‘‘60 

7 days after’’; and 

8 (4) by striking paragraph (2). 

9 SEC. 504. REDUCTION IN TIME-IN-GRADE REQUIREMENT 

10 FOR PROMOTION TO CAPTAIN IN THE ARMY, 

11 AIR FORCE, AND MARINE CORPS AND LIEU12 TENANT IN THE NAVY. 

13 Section 619(a)(1) of title 10, United States Code, is 

14 amended by striking ‘‘he has completed’’ in the matter 

15 preceding subparagraph (A) and all that follows through 

16 the period at the end of subparagraph (B) and inserting 

17 ‘‘the officer has completed 18 months of service in the 

18 grade in which the officer holds a permanent appoint19 ment’’. 

20 SEC. 505. MILITARY STATUS OF OFFICERS SERVING IN CER21 TAIN INTELLIGENCE COMMUNITY POSITIONS. 

22 (a) CLARIFICATION OF MILITARY STATUS.—Section 

23 528 of title 10, United States Code, is amended— 

24 (1) by striking subsections (a) and (b) and in25 serting the following: 


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1 ‘‘(a) MILITARY STATUS.—An officer of the armed 

2 forces, while serving in a position covered by this section— 

3 ‘‘(1) shall not be subject to supervision or con4 trol by the Secretary of Defense or any other officer 

5 or employee of the Department of Defense, except as 

6 directed by the Secretary of Defense concerning re7 assignment from such position; and 

8 ‘‘(2) may not exercise, by reason of the officer’s 

9 status as an officer, any supervision or control with 

10 respect to any of the military or civilian personnel 

11 of the Department of Defense except as otherwise 

12 authorized by law. 

13 ‘‘(b) DIRECTOR AND DEPUTY DIRECTOR OF CIA.— 

14 When the position of Director or Deputy Director of the 

15 Central Intelligence Agency is held by an officer of the 

16 armed forces, the officer serving in that position, while so 

17 serving, shall be excluded from the limitations in sections 

18 525 and 526 of this title. However, if both such positions 

19 are held by an officer of the armed forces, only one such 

20 officer may be excluded from those limitation while so 

21 serving.’’; and 

22 (2) by adding at the end the following new sub23 sections: 

24 ‘‘(e) EFFECT OF APPOINTMENT.—Except as provided 

25 in subsection (a), the appointment or assignment of an 


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1 officer of the armed forces to a position covered by this 

2 section shall not affect— 

3 ‘‘(1) the status, position, rank, or grade of such 

4 officer in the armed forces; or 

5 ‘‘(2) any emolument, perquisite, right, privilege, 

6 or benefit incident to or arising out of such status, 

7 position, rank, or grade. 

8 ‘‘(f) MILITARY PAY AND ALLOWANCES.—An officer 

9 of the armed forces on active duty who is appointed or 

10 assigned to a position covered by this section shall, while 

11 serving in such position and while remaining on active 

12 duty, continue to receive military pay and allowances and 

13 shall not receive the pay prescribed for such position. 

14 Funds from which such military pay and allowances are 

15 paid to such officer while so serving shall be reimbursed 

16 from funds available to the Director of the Central Intel17 ligence Agency (for an officer serving in a position within 

18 the Central Intelligence Agency) or from funds available 

19 to the Director of National Intelligence (for an officer 

20 serving in a position within the Office of the Director of 

21 National Intelligence). 

22 ‘‘(g) COVERED POSITIONS.—The positions covered by 

23 this section are the positions specified in subsections (b) 

24 and (c) and the positions designated under subsection 

25 (d).’’. 


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1 (b) CLERICAL AMENDMENTS.— 

2 (1) The heading of such section is amended to 

3 read as follows: 

4 ‘‘§ 528. Officers serving in certain intelligence posi5 tions: military status; exclusion from dis6 tribution and strength limitations; pay 

7 and allowances’’. 

8 (2) The table of sections at the beginning of 

9 chapter 32 of such title is amended to read as fol10 lows: 

‘‘528. Officers serving in certain intelligence positions: military status; exclusion 

from distribution and strength limitations; pay and allowances.’’. 

11 Subtitle B—Reserve Component 

12 Management 

13 SEC. 511. REVISIONS TO RESERVE CALL-UP AUTHORITY. 

14 (a) MAXIMUM NUMBER OF DAYS.—Subsection (a) of 

15 section 12304 of title 10, United States Code, is amended 

16 by striking ‘‘270 days’’ and inserting ‘‘365.’’ 

17 (b) SUPPORT FOR DISASTERS.—Such section is fur18 ther amended— 

19 (1) in subsection (b)— 

20 (A) by striking ‘‘or’’ at the end of para21 graph (1); 

22 (B) by striking the period at the end of 

23 paragraph (2) and inserting ‘‘; or’’; and 


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1 (C) by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) a serious natural or manmade disaster, ac4 cident, or catastrophe that occurs in the United 

5 States, its territories and possessions, or Puerto 

6 Rico.’’; and 

7 (2) in subsection (c)(1)— 

8 (A) by striking ‘‘title or,’’ and inserting 

9 ‘‘title,’’; and 

10 (B) by striking ‘‘, to provide’’ and all that 

11 follows through the end and inserting a period. 

12 (c) FAIR TREATMENT.—Such section is further 

13 amended— 

14 (1) by redesignating subsection (i) as subsection 

15 (j); and 

16 (2) by inserting after subsection (h) the fol17 lowing new subsection (i): 

18 ‘‘(i) CONSIDERATIONS FOR INVOLUNTARY ORDER TO

19 ACTIVE DUTY.—(1) In determining which members of the 

20 Selected Reserve and Individual Ready Reserve will be or21 dered to duty without their consent under this section, ap22 propriate consideration shall be given to— 

23 ‘‘(A) the length and nature of previous service, 

24 to assure such sharing of exposure to hazards as the 


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1 national security and military requirements will rea2 sonably allow; 

3 ‘‘(B) the frequency of assignments during serv4 ice career; 

5 ‘‘(C) family responsibilities; and 

6 ‘‘(D) employment necessary to maintain the na7 tional health, safety, or interest. 

8 ‘‘(2) The Secretary of Defense shall prescribe such 

9 policies and procedures as the Secretary considers nec10 essary to carry out this subsection.’’. 

11 SEC. 512. MILITARY RETIREMENT CREDIT FOR CERTAIN 

12 SERVICE BY NATIONAL GUARD MEMBERS 

13 PERFORMED WHILE IN A STATE DUTY STA14 TUS IMMEDIATELY AFTER THE TERRORIST 

15 ATTACKS OF SEPTEMBER 11, 2001. 

16 Subsection (c) of section 514 of the National Defense 

17 Authorization Act for Fiscal Year 2006 (Public Law 109– 

18 163; 119 Stat. 3232) is amended by adding at the end 

19 the following new paragraph: 

20 ‘‘(3) In the State of New Jersey: Bergen, Hud21 son, Union, and Middlesex.’’. 


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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 Com8 mittee on Armed Services of the House of Representatives 

9 a report on the promotion and constructive termination 

10 by private-sector employers of members of the reserve 

11 components called or ordered to active service. 

12 (b) COLLECTION OF INFORMATION.—The Secretary 

13 of Defense shall base the report required under subsection 

14 (a) on information submitted voluntarily by members of 

15 the reserve components. 

16 (c) CONSTRUCTIVE TERMINATION.—In this section, 

17 the term ‘‘constructive termination’’ means the voluntary 

18 resignation of an employee because of working conditions 

19 the employee finds unbearable. 


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1 Subtitle C—Education and 

2 Training 

3 SEC. 521. AUTHORITY TO PERMIT MEMBERS WHO PARTICI4 PATE IN THE GUARANTEED RESERVE 

5 FORCES DUTY SCHOLARSHIP PROGRAM TO 

6 PARTICIPATE IN THE HEALTH PROFESSIONS 

7 SCHOLARSHIP PROGRAM AND SERVE ON AC8 TIVE 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 

13 section 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 

17 cadet’’. 

18 SEC. 522. JUNIOR RESERVE OFFICERS’ TRAINING CORPS 

19 INSTRUCTION ELIGIBILITY EXPANSION. 

20 Section 2031 of title 10, United States Code, is 

21 amended— 

22 (1) in subsection (d)(1), by inserting ‘‘who are 

23 receiving retired or retainer pay,’’ after ‘‘Fleet Ma24 rine Corps Reserve,’’; and 


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1 (2) by adding at the end the following new sub2 section (e): 

3 ‘‘(e) Instead of, or in addition to, the detailing of ac4 tive-duty officers and noncommissioned officers under sub5 section (c)(1), and the employment of retired officers and 

6 noncommissioned officers and members of the Fleet Re7 serve or Fleet Marine Corps Reserve under subsection (d), 

8 the Secretary of the military department concerned may 

9 authorize qualified institutions to employ as administra10 tors and instructors in the program, retired officers and 

11 noncommissioned officers who qualify for retired pay for 

12 nonregular service under the provisions of chapter 1223 

13 of this title but for being under the age specified in section 

14 12731(a)(1) of this title for eligibility for such retired pay, 

15 whose qualifications are approved by the Secretary and the 

16 institution concerned, and who request such employment, 

17 subject to the following: 

18 ‘‘(1) The compensation package for officers and 

19 noncommissioned officers employed under this sub20 section shall not be coupled with either active duty 

21 pay or retired pay, but instead shall be at a rate 

22 contracted individually and determined by the Sec23 retary of the military department concerned. The 

24 Secretary may pay the institution an amount the 

25 Secretary determined to be appropriate, but the 


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1 amount may not be more than the amount that 

2 would be paid on behalf of an equivalent retiree or 

3 member of the Fleet Reserve or Fleet Marine Corps 

4 Reserve under the provisions of subsection (d)(1). 

5 The Secretary may continue to pay individuals em6 ployed under this subsection pre-determined com7 pensation packages, even after they reach the age of 

8 60. Payments by the Secretary concerned under this 

9 paragraph shall be made from funds appropriated 

10 for that purpose. 

11 ‘‘(2) Such a retired member is not, while so em12 ployed, considered to be on active duty or inactive 

13 duty training for any purpose.’’. 

14 SEC. 523. AUTHORITY FOR UNITED STATES MILITARY 

15 ACADEMY AND UNITED STATES AIR FORCE 

16 ACADEMY PERMANENT MILITARY PROFES17 SORS TO ASSUME COMMAND POSITIONS 

18 WHILE ON PERIODS OF SABBATICAL. 

19 (a) UNITED STATES MILITARY ACADEMY.—Section 

20 4334(d) of title 10, United States Code, is amended— 

21 (1) by striking ‘‘permanent professors and the’’; 

22 (2) by striking ‘‘exercise’’ and inserting ‘‘exer23 cises’’; and 

24 (3) by adding at the end the following new sen25 tence: ‘‘The permanent professors exercise command 


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1 only in the academic department of the Academy 

2 and, at the discretion of the Secretary of the Army, 

3 within Army units to which they are assigned.’’. 

4 (b) UNITED STATES AIR FORCE ACADEMY.—Section 

5 9334(b) of such title is amended— 

6 (1) by striking ‘‘permanent professors and the’’; 

7 and 

8 (2) by striking ‘‘exercise’’ and inserting ‘‘exer9 cises’’; and 

10 (3) by adding at the end the following new sen11 tence: ‘‘The permanent professors exercise command 

12 only in the academic department of the Academy 

13 and, at the discretion of the Secretary of the Air 

14 Force, within Air Force units to which they are as15 signed.’’. 

16 SEC. 524. EXPANSION OF SERVICE ACADEMY EXCHANGE 

17 PROGRAMS WITH FOREIGN MILITARY ACAD18 EMIES. 

19 (a) UNITED STATES MILITARY ACADEMY.— 

20 (1) NUMBER OF PARTICIPANTS IN EXCHANGE

21 PROGRAM.—Subsection (b) of section 4345 of title 

22 10, United States Code, is amended by striking 

23 ‘‘24’’ and inserting ‘‘100’’. 

24 (2) COSTS AND EXPENSES.—Subsection (c) of 

25 such section is amended— 


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1 (A) by striking ‘‘for the Academy’’ in para2 graph (3) and all that follows in that paragraph 

3 and inserting ‘‘for the Academy and such addi4 tional funds as may be available to the Acad5 emy from a source other than appropriated 

6 funds to support cultural immersion, regional 

7 awareness, or foreign language training activi8 ties in connection with the exchange program.’’; 

9 and 

10 (B) by adding at the end the following new 

11 paragraph: 

12 ‘‘(4) Expenditures in support of the exchange pro13 gram from funds appropriated for the Academy may not 

14 exceed $1,000,000 during any fiscal year.’’. 

15 (b) UNITED STATES NAVAL ACADEMY.— 

16 (1) NUMBER OF PARTICIPANTS IN EXCHANGE

17 PROGRAM.—Subsection (b) of section 6957a of title 

18 10, United States Code, is amended by striking 

19 ‘‘24’’ and 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 

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1 emy from a source other than appropriated 

2 funds to support cultural immersion, regional 

3 awareness, or foreign language training activi4 ties in connection with the exchange program.’’; 

5 and 

6 (B) by adding at the end the following new 

7 paragraph: 

8 ‘‘(4) Expenditures in support of the exchange pro9 gram from funds appropriated for the Naval Academy 

10 may not exceed $1,000,000 during any fiscal year.’’. 

11 (c) UNITED STATES AIR FORCE ACADEMY.— 

12 (1) NUMBER OF PARTICIPANTS IN EXCHANGE

13 PROGRAM.—Subsection (b) of section 9345 of title 

14 10, United States Code, is amended by striking 

15 ‘‘24’’ and inserting ‘‘100’’. 

16 (2) COSTS AND EXPENSES.—Subsection (c) of 

17 such section is amended— 

18 (A) by striking ‘‘for the Academy’’ in para19 graph (3) and all that follows in that paragraph 

20 and inserting ‘‘for the Academy and such addi21 tional funds as may be available to the Acad22 emy from a source other than appropriated 

23 funds to support cultural immersion, regional 

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1 ties in connection with the exchange program.’’; 

2 and 

3 (B) by adding at the end the following new 

4 paragraph: 

5 ‘‘(4) Expenditures in support of the exchange pro6 gram from funds appropriated for the Academy may not 

7 exceed $1,000,000 during any fiscal year.’’. 

8 (d) EFFECTIVE DATES.—The amendments made by 

9 subsection (a) shall take effect on the date of the enact10 ment of this Act. The amendments made by subsections 

11 (b) and (c) shall take effect on October 1, 2008. 

12 SEC. 525. REVIEW OF LEGAL STATUS OF JUNIOR ROTC PRO13 GRAM. 

14 (a) REVIEW.—The Secretary of Defense shall con15 duct a review of the 1976 legal opinion issued by the Gen16 eral Counsel of the Department of Defense regarding in17 struction of non-host unit students participating in Junior 

18 Reserve Officers’ Training Corps programs. The review 

19 shall consider whether changes to law after the issuance 

20 of that opinion allow in certain circumstances for the ar21 rangement for assignment of instructors that provides for 

22 the travel of an instructor from one educational institution 

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1 istrative efficiency in the management of the program. If 

2 the Secretary, as a result of the review, determines that 

3 such authority is not available, the Secretary should also 

4 consider whether such authority should be available and 

5 whether there should be authority to waive the restrictions 

6 under certain circumstances. 

7 (b) REPORT.—The Secretary shall submit to the 

8 Committee on Armed Services of the Senate and the Com9 mittee on Armed Services of the House of Representatives 

10 a report containing the results of the review not later than 

11 180 days after the date of the enactment of this Act. 

12 (c) INTERIM AUTHORITY.—A current institution that 

13 has more than 70 students and is providing support to 

14 another educational institutional with more than 70 stu15 dents and has been providing for the assignment of in16 structors from one school to the other may continue to 

17 provide such support until 180 days following receipt of 

18 the report under subsection (b). 

19 SEC. 526. SPECIAL OPERATIONS FELLOWSHIPS. 

20 (a) FELLOWSHIPS.—The Secretary of Defense shall 

21 prescribe regulations under which the Assistant Secretary 

22 of Defense for Special Operations and Low Intensity Con23 flict may award a fellowship to an eligible person, as de24 scribed in subsection (b), in a discipline determined by the 

25 Assistant Secretary. The authority to award any amount 


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1 of funds to any person as a fellowship under this section 

2 is subject to the availability of funds for that purpose. 

3 (b) ELIGIBLE PERSON.—A person eligible for a fel4 lowship under this section is a citizen or national of the 

5 United States who is enrolled in or is eligible to enroll 

6 in a program of education leading toward the completion 

7 of a masters degree or a doctoral degree. 

8 (c) FELLOWSHIP REQUIREMENTS.— 

9 (1) DOCTORAL DEGREE STUDENTS.—The re10 cipient of a fellowship who is a student enrolled in 

11 a program of education leading toward the comple12 tion of a doctoral degree shall agree to prepare a 

13 doctoral dissertation in a subject area with military 

14 relevance that is approved by the Assistant Sec15 retary. 

16 (2) MASTERS DEGREE STUDENTS.—The recipi17 ent of a fellowship who is a student enrolled in a 

18 program of education leading toward the completion 

19 of a masters degree shall agree to concentrate the 

20 masters degree on a subject area with military rel21 evance that is approved by the Assistant Secretary. 

22 (d) REGULATIONS.—The regulations required to be 

23 prescribed under this section shall include each of the fol24 lowing: 


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1 (1) The criteria for the award of fellowships 

2 under this section. 

3 (2) The procedure for selecting recipients of 

4 such fellowships. 

5 (3) The basis for determining the amount a fel6 lowship recipient will receive. 

7 (4) The total amount that may be used to 

8 award fellowships during an academic year. 

9 Subtitle D—General Service 

10 Authorities 

11 SEC. 531. TEST OF UTILITY OF TEST PREPARATION GUIDES 

12 AND EDUCATION PROGRAMS IN ENHANCING 

13 RECRUIT CANDIDATE PERFORMANCE ON 

14 THE ARMED SERVICES VOCATIONAL APTI15 TUDE BATTERY (ASVAB) AND ARMED FORCES 

16 QUALIFICATION TEST (AFQT). 

17 (a) REQUIREMENT FOR TEST.—The Secretary of De18 fense shall conduct a test of the utility of commercially 

19 available test preparation guides and education programs 

20 designed to assist recruit candidates achieve scores on 

21 military recruit qualification testing that better reflect the 

22 full potential of those recruit candidates in terms of apti23 tude and mental category. The test shall be conducted 

24 through the Secretaries of the Army, Navy and Air Force. 


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1 (b) ASSESSMENT OF COMMERCIALLY AVAILABLE

2 GUIDES AND PROGRAMS.—The test shall assess commer3 cially available test preparation guides and education pro4 grams designed to enhance test performance. The test 

5 preparation guides assessed shall test both written formats 

6 and self-paced computer-assisted programs. Education 

7 programs assessed may test both self-study textbook and 

8 computer-assisted courses and instructor-led courses. 

9 (c) OBJECTIVES.—The objectives of the test are to 

10 determine the following: 

11 (1) The degree to which test preparation assist12 ance degrades test reliability and accuracy. 

13 (2) The degree to which test preparation assist14 ance allows more accurate testing of skill aptitudes 

15 and mental capability. 

16 (3) The degree to which test preparation assist17 ance allows individuals to achieve higher scores with18 out sacrificing reliability and accuracy. 

19 (4) What role is recommended for test prepara20 tion assistance in military recruiting. 

21 (d) CONTROL GROUP.—As part of the test, the Sec22 retary shall identify a population of recruit candidates who 

23 will not receive test preparation assistance and will serve 

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1 didates in the control group shall be compared in terms 

2 of both (1) test performance, and (2) subsequent duty per3 formance in training and unit settings following entry on 

4 active duty. 

5 (e) NUMBER OF PARTICIPANTS.—The Secretary shall 

6 provide test preparation assistance to a minimum of 2,000 

7 recruit candidates and shall identify an equal number to 

8 be established as the control group population. 

9 (f) DURATION OF TEST.—The Secretary shall begin 

10 the test not later than nine months after the date of the 

11 enactment of this Act. The test shall identify participants 

12 over a one-year period from the start of the test and shall 

13 assess duty performance for each participant for 18 

14 months following entry on active duty. The last partici15 pant shall be identified, but other participants may not 

16 be identified. 

17 (g) REPORT ON FINDINGS.—Not later than six 

18 months after completion of the duty performance assess19 ment of the last identified participant in the test, the Sec20 retary of Defense shall submit to the Committee on Armed 

21 Services in the Senate and the Committee on Armed Serv22 ices of the House of Representatives a report providing 

23 the findings of the Secretary with respect to each of the 

24 objectives specified in subsection (c) and the Secretary’s 

25 recommendations. 


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1 SEC. 532. NONDISCLOSURE OF SELECTION BOARD PRO2 CEEDINGS. 

3 (a) ACTIVE-DUTY SELECTION BOARD PRO4 CEEDINGS.— 

5 (1) EXTENSION TO ALL ACTIVE-DUTY

6 BOARDS.—Chapter 36 of title 10, United States 

7 Code, is amended by inserting after section 613 the 

8 following new section: 

9 ‘‘§ 613a. Nondisclosure of board proceedings 

10 ‘‘(a) NONDISCLOSURE.—The proceedings of a selec11 tion board convened under section 611 this title may not 

12 be disclosed 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 

20 action, 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 

24 respect to the proceedings of all selection boards convened 

25 under section 611 of this title, including selection boards 


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1 convened before the date of the enactment of this sec2 tion.’’. 

3 (2) CONFORMING AMENDMENT.—Section 618 

4 of such title is amended by striking subsection (f). 

5 (b) RESERVE SELECTION BOARD PROCEEDINGS.— 

6 Section 14104 of such title is amended to read as follows: 

7 ‘‘§ 14104. Nondisclosure of board proceedings 

8 ‘‘(a) NONDISCLOSURE.—The proceedings of a selec9 tion board convened under section 14101of this title may 

10 not be disclosed to any person not a member of the board. 

11 ‘‘(b) PROHIBITED USES OF BOARD RECORDS.—The 

12 discussions and deliberations of such a selection board and 

13 any written or documentary record of such discussions and 

14 deliberations— 

15 ‘‘(1) are immune from legal process; 

16 ‘‘(2) may not be admitted as evidence; and 

17 ‘‘(3) may not be used for any purpose in any 

18 action, suit, or judicial or administrative proceeding 

19 without the consent of the Secretary of the military 

20 department concerned. 

21 ‘‘(c) APPLICABILITY.—The section shall apply with 

22 respect to the proceedings of all selection boards convened 

23 under section 14101 of this title, including selection 

24 boards convened before the date of the enactment of this 

25 section.’’. 


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1 (c) CLERICAL AMENDMENTS.— 

2 (1) The table of sections at the beginning of 

3 subchapter I of chapter 36 of such title is amended 

4 by inserting after the item relating to section 613 

5 the following new item: 

‘‘14104. Nondisclosure of board proceedings.’’. 

6 (2) The item relating to section 14104 in the 

7 table of sections at the beginning of chapter 1403 of 

8 such title is amended to read as follows: 

‘‘14104. Nondisclosure of board proceedings.’’. 

9 SEC. 533. REPORT ON EXTENT OF PROVISION OF TIMELY 

10 NOTICE OF LONG-TERM DEPLOYMENTS. 

11 Not later than March 1, 2007, the Secretary of De12 fense shall submit to the Committee on Armed Services 

13 of the Senate and the Committee on Armed Services of 

14 the House of Representatives a report on the number of 

15 members of the Armed Forces (shown by service and with16 in each service by reserve component and active compo17 nent) who, since September 11, 2001, have not received 

18 at least 30 days notice (in the form of an official order) 

19 before a deployment that will last 180 days or more. With 

20 respect to members of the reserve components, the report 

21 shall describe the degree of compliance (or noncompliance) 

22 with Department of Defense policy concerning the amount 

23 of notice to be provided before long-term mobilizations or 

24 deployments. 


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1 SEC. 534. REPORT ON USING SIX-MONTH DEPLOYMENTS 

2 FOR OPERATION ENDURING FREEDOM AND 

3 OPERATION IRAQI FREEDOM. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the Secretary of the Army should continue to 

6 further evaluate and consider— 

7 (1) the potential benefits of converting to six8 month overseas deployments for members of the 

9 Army, including members of the Army National 

10 Guard and the Army Reserve, in connection with 

11 Operation Enduring Freedom and Operation Iraqi 

12 Freedom; and 

13 (2) the potential impacts of such reduced de14 ployment periods on morale, recruiting, retention, 

15 readiness, and the conduct of military operations. 

16 (b) REPORT REQUIRED.—Not later than 90 days 

17 after the date of the enactment of this Act, the Secretary 

18 of the Army shall submit to Congress a report con19 taining— 

20 (1) the results of any surveys conducted with 

21 soldiers and their dependents by the Department of 

22 the Army regarding the proposal to reduce deploy23 ment times for members of the Army in connection 

24 with Operation Enduring Freedom and Operation 

25 Iraqi Freedom to a maximum of six months; 


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1 (2) potential plans for the Department to im2 plement such reduced deployment times; 

3 (3) a discussion of potential benefits associated 

4 with implementation of such reduced deployment 

5 times, such as improved members and family morale 

6 and increased recruiting and retention; and 

7 (4) a discussion of potential drawbacks associ8 ated with implementation of such reduced deploy9 ment times, such as impacts on readiness, the con10 duct of operations, and forecasted additional costs. 

11 Subtitle E—Authorities Relating to 

12 Guard and Reserve Duty 

13 SEC. 541. TITLE 10 DEFINITION OF ACTIVE GUARD AND RE14 SERVE DUTY. 

15 Section 101 of title 10, United States Code, is 

16 amended— 

17 (1) by adding at the end of subsection (b) the 

18 following new paragraph: 

19 ‘‘(16) The term ‘Active Guard and Reserve’ 

20 means a member of a reserve component who is on 

21 active duty pursuant to section 12301(d) of this title 

22 or, if a member of the Army National Guard or Air 

23 National Guard, is on full-time National Guard duty 

24 pursuant to section 502(f) of title 32, and who is 

25 performing Active Guard and Reserve duty.’’; and 


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1 (2) in paragraph (6)(A) of subsection (d)— 

2 (A) by striking ‘‘or full-time National 

3 Guard duty’’ after ‘‘means active duty’’; and 

4 (B) by striking ‘‘, pursuant to an order to 

5 active duty or full-time National Guard duty’’ 

6 and inserting ‘‘pursuant to an order to full-time 

7 National Guard duty,’’. 

8 SEC. 542. AUTHORITY FOR ACTIVE GUARD AND RESERVE 

9 DUTIES TO INCLUDE SUPPORT OF OPER10 ATIONAL MISSIONS ASSIGNED TO THE RE11 SERVE COMPONENTS AND INSTRUCTION AND 

12 TRAINING OF ACTIVE-DUTY PERSONNEL. 

13 (a) AGR DUTY UNDER TITLE 10.—Subsections (a) 

14 and (b) of section 12310 of title 10, United States Code, 

15 are amended to read as follows: 

16 ‘‘(a) AUTHORITY.—(1) The Secretary concerned may 

17 order a member of a reserve component under the Sec18 retary’s jurisdiction to active duty pursuant to section 

19 12301(d) of this title to perform Active Guard and Re20 serve duty organizing, administering, recruiting, instruct21 ing, or training the reserve components. 

22 ‘‘(2) A Reserve ordered to active duty under para23 graph (1) shall be ordered in the Reserve’s reserve grade. 

24 While so serving, the Reserve continues to be eligible for 

25 promotion as a Reserve, if otherwise qualified. 


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1 ‘‘(b) DUTIES.—A Reserve on active duty under sub2 section (a) may perform the following duties in addition 

3 to (and not in lieu of) the Reserve’s primary Active Guard 

4 and Reserve duties described in subsection (a)(1): 

5 ‘‘(1) Supporting operations or missions as6 signed in whole or in part to the reserve compo7 nents. 

8 ‘‘(2) Supporting operations or missions per9 formed or to be performed by— 

10 ‘‘(A) a unit composed of elements from 

11 more than one component of the same armed 

12 force; or 

13 ‘‘(B) a joint forces unit that includes— 

14 ‘‘(i) one or more reserve component 

15 units; or 

16 ‘‘(ii) a member of a reserve compo17 nent whose reserve component assignment 

18 is in a position in an element of the joint 

19 forces unit. 

20 ‘‘(3) Advising the Secretary of Defense, the 

21 Secretaries of the military departments, the Joint 

22 Chiefs of Staff, and the commanders of the unified 

23 combatant command regarding reserve component 

24 matters. 


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1 ‘‘(4) Instructing or training in the United 

2 States or the Commonwealth of Puerto Rico or pos3 sessions of the United States of— 

4 ‘‘(A) active-duty members of the armed 

5 forces; 

6 ‘‘(B) members of foreign military forces 

7 (under the same authorities and restrictions ap8 plicable to active-duty members providing such 

9 instruction or training); 

10 ‘‘(C) Department of Defense contractor 

11 personnel; or 

12 ‘‘(D) Department of Defense civilian em13 ployees.’’. 

14 (b) MILITARY TECHNICIANS UNDER TITLE 10.— 

15 Section 10216(a) of such title is amended— 

16 (1) in paragraph (1)(C), by striking ‘‘adminis17 tration and’’ and inserting ‘‘organizing, admin18 istering, instructing, or’’; and 

19 (2) by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) A military technician (dual status) who is em22 ployed under section 3101 of title 5 may perform the fol23 lowing duties in addition to (and not in lieu of) those pri24 mary duties described in paragraph (1): 


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1 ‘‘(A) Supporting operations or missions as2 signed in whole or in part to the technician’s unit; 

3 ‘‘(B) Supporting operations or missions per4 formed or to be performed by— 

5 ‘‘(i) a unit composed of elements from 

6 more than one component of the technician’s 

7 armed force; or 

8 ‘‘(ii) a joint forces unit that includes— 

9 ‘‘(I) one or more units of the techni10 cian’s component; or 

11 ‘‘(II) a member of the technician’s 

12 component whose reserve component as13 signment is in a position in an element of 

14 the joint forces unit. 

15 ‘‘(C) Instructing or training in the United 

16 States or the Commonwealth of Puerto Rico or pos17 sessions of the United States of— 

18 ‘‘(i) active-duty members of the armed 

19 forces; 

20 ‘‘(ii) members of foreign military forces 

21 (under the same authorities and restrictions ap22 plicable to active-duty members providing such 

23 instruction or training); 

24 ‘‘(iii) Department of Defense contractor 

25 personnel; or 


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1 ‘‘(iv) Department of Defense civilian em2 ployees.’’. 

3 (c) NATIONAL GUARD TITLE 32 TRAINING DUTY.— 

4 Section 502(f) of title 32, United States Code, title is 

5 amended— 

6 (1) by inserting ‘‘(1)’’ before ‘‘Under regula7 tions’’; 

8 (2) by redesignating paragraphs (1) and (2) as 

9 subparagraphs (A) and (B), respectively; 

10 (3) by striking the last sentence and inserting 

11 the following: 

12 ‘‘(2) The training or duty ordered to be performed 

13 under paragraph (1) may include the following: 

14 ‘‘(A) Support of operations or missions under15 taken by the member’s unit at the request of the 

16 President or Secretary of Defense. 

17 ‘‘(B) Support of training operations and train18 ing missions assigned in whole or in part to the Na19 tional Guard by the Secretary concerned, but only to 

20 the extent that such training missions and training 

21 operations— 

22 ‘‘(i) are performed in the territorial limits 

23 of the United States, its territories and posses24 sions, the District of Columbia, and the Com25 monwealth of Puerto Rico; and 


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1 ‘‘(ii) are only to instruct active duty mili2 tary, foreign military (under the same authori3 ties and restrictions applicable to active duty 

4 troops), Department of Defense contractor per5 sonnel, or Department of Defense civilian em6 ployees. 

7 ‘‘(3) Duty without pay shall be considered for all pur8 poses as if it were duty with pay.’’. 

9 (d) NATIONAL GUARD TECHNICIANS UNDER TITLE

10 32.—Section 709(a) of title 32, United States Code, is 

11 amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘administration and’’ and 

14 inserting ‘‘organizing, administering, instruct15 ing, or’’; and 

16 (B) by striking ‘‘and’’ at the end of such 

17 paragraph; 

18 (2) by striking the period at the end of para19 graph (2) and inserting ‘‘; and’’; and 

20 (3) by adding at the end the following new 

21 paragraph: 

22 ‘‘(3) the performance of the following duties in 

23 addition to (and not in lieu of) those duties de24 scribed by paragraphs (1) and (2): 


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1 ‘‘(A) Support of operations or missions un2 dertaken by the technician’s unit at the request 

3 of the President or the Secretary of Defense. 

4 ‘‘(B) Support of Federal training oper5 ations or Federal training missions assigned in 

6 whole or in part to the technician’s unit. 

7 ‘‘(C) Instructing or training in the United 

8 States or the Commonwealth of Puerto Rico or 

9 possessions of the United States of— 

10 ‘‘(i) active-duty members of the armed 

11 forces; 

12 ‘‘(ii) members of foreign military 

13 forces (under the same authorities and re14 strictions applicable to active-duty mem15 bers providing such instruction or train16 ing); 

17 ‘‘(iii) Department of Defense con18 tractor personnel; or 

19 ‘‘(iv) Department of Defense civilian 

20 employees.’’. 

21 (e) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of such chapter is amended by adding 

23 at the end the following new item: 

‘‘328. Active Guard and Reserve duty: Governor’s authority.’’. 


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1 SEC. 543. GOVERNOR’S AUTHORITY TO ORDER MEMBERS 

2 TO ACTIVE GUARD AND RESERVE DUTY. 

3 (a) IN GENERAL.—Chapter 3 of title 32, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 328. Active Guard and Reserve duty: Governor’s 

7 authority 

8 ‘‘(a) AUTHORITY.—The Governor of a State or the 

9 Commonwealth of Puerto Rico, Guam, or the Virgin Is10 lands, or the commanding general of the District of Co11 lumbia National Guard, as the case may be, with the con12 sent of the Secretary concerned, may order a member of 

13 the National Guard to perform Active Guard and Reserve 

14 duty, as defined by section 101(d)(6) of title 10, pursuant 

15 to section 502(f) of this title. 

16 ‘‘(b) DUTIES.—A member of the National Guard per17 forming duty under subsection (a) may perform the fol18 lowing duties in addition to (and not in lieu of) that mem19 ber’s primary Active Guard and Reserve duties of orga20 nizing, administering, recruiting, instructing, and training 

21 the reserve components: 

22 ‘‘(1) Support of operations or missions under23 taken by the member’s unit at the request of the 

24 President or the Secretary of Defense. 

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1 retary concerned to the National Guard, but only to 

2 the extent that such training operation and training 

3 missions— 

4 ‘‘(A) are performed in the territorial limits 

5 of the United States, its territories and posses6 sions, and the Commonwealth of Puerto Rico; 

7 and 

8 ‘‘(B) are only to instruct— 

9 ‘‘(i) active-duty members of the armed 

10 forces; 

11 ‘‘(ii) members of foreign military 

12 forces (under the same authorities and re13 strictions applicable to active-duty mem14 bers providing such instruction or train15 ing); 

16 ‘‘(iii) Department of Defense con17 tractor personnel; or 

18 ‘‘(iv) Department of Defense civilian 

19 employees.’’. 

20 SEC. 544. NATIONAL GUARD OFFICERS AUTHORITY TO 

21 COMMAND. 

22 Section 325 of title 32, United States Code, is 

23 amended— 

24 (1) in subsection (a)(2), by striking ‘‘in com25 mand of a National Guard unit’’; 


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1 (2) by redesignating subsection (b) as sub2 section (c); and 

3 (3) by inserting after subsection (a) the fol4 lowing new subsection (b): 

5 ‘‘(b) ADVANCE AUTHORIZATION AND CONSENT.— 

6 The President and Governor of the State or Common7 wealth of Puerto Rico, Guam, or the Virgin Islands, or 

8 the commanding general of the District of Columbia Na9 tional Guard, as the case may be, respectively, may give 

10 the authorization and consent required by subsection 

11 (a)(2), in advance, for the purpose of establishing the suc12 cession of command of a unit.’’; and 

13 (4) by adding at the end the following new sub14 section: 

15 ‘‘(d) NATIONAL GUARD DUTIES.—An officer who is 

16 not relieved from duty in the National Guard while serving 

17 on active duty pursuant to subsection (a)(2) may perform 

18 any duty authorized to be performed by the laws of that 

19 officer’s State or the laws of the Commonwealth of Puerto 

20 Rico, Guam, the Virgin Islands, or the District of Colum21 bia, as the case may be, to be performed by the National 

22 Guard without regard to the limitations imposed by sec23 tion 1385 of title 18.’’. 


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1 SEC. 545. EXPANSION OF OPERATIONS OF CIVIL SUPPORT 

2 TEAMS. 

3 (a) IN GENERAL.—Section 12310(c) of title 10, 

4 United States Code, is amended— 

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘involving—’’ and inserting 

7 ‘‘involving any of the following:’’; and 

8 (B) by striking subparagraphs (A) and (B) 

9 and inserting the following: 

10 ‘‘(A) The use or threatened use of a weapon of 

11 mass destruction (as defined in section 12304(i)(2) 

12 of this title) in the United States. 

13 ‘‘(B) A terrorist attack or threatened terrorist 

14 attack in the United States that results, or could re15 sult, in catastrophic loss of life or property. 

16 ‘‘(C) The intentional or unintentional release of 

17 nuclear, biological, radiological, or toxic or poisonous 

18 chemical materials in the United States that results, 

19 or could result, in catastrophic loss of life or prop20 erty. 

21 ‘‘(D) A natural or manmade disaster in the 

22 United States that results in, or could result in, cat23 astrophic loss of life or property.’’; 

24 (2) by amending paragraph (3) to read as fol25 lows: 


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1 ‘‘(3) A Reserve may perform duty described in para2 graph (1) only while assigned to a reserve component 

3 weapons of mass destruction civil support team.’’; and 

4 (3) by adding at the end the following new 

5 paragraph: 

6 ‘‘(7) In this subsection, the term ‘United States’ in7 cludes the Commonwealth of Puerto Rico, Guam, and the 

8 Virgin Islands.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 Such section is further amended— 

11 (1) by striking the subsection heading and in12 serting ‘‘OPERATIONS RELATING TO DEFENSE

13 AGAINST WEAPONS OF MASS DESTRUCTION AND

14 TERRORIST ATTACKS.—’’; 

15 (2) in paragraph (5), by striking ‘‘rapid assess16 ment element team’’ and inserting ‘‘weapons of mass 

17 destruction civil support team’’; and 

18 (3) in paragraph (6)— 

19 (A) in the matter preceding subparagraph 

20 (A), by striking ‘‘paragraph (3)’’ and inserting 

21 ‘‘paragraphs (1) and (3)’’; and 

22 (B) in subparagraph (B), by striking 

23 ‘‘paragraph (3)(B)’’ and inserting ‘‘paragraph 

24 (3)’’. 


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1 Subtitle F—Decorations and 

2 Awards 

3 SEC. 551. AUTHORITY FOR PRESENTATION OF MEDAL OF 

4 HONOR FLAG TO LIVING MEDAL OF HONOR 

5 RECIPIENTS AND TO LIVING PRIMARY NEXT6 OF-KIN OF DECEASED MEDAL OF HONOR RE7 CIPIENTS. 

8 (a) ARMY.—Section 3755 of title 10, United States 

9 Code, is amended— 

10 (1) by striking ‘‘after October 23, 2002’’; and 

11 (2) by adding at the end the following new sen12 tence: ‘‘In the case of a posthumous presentation of 

13 the medal, the flag shall be presented to the person 

14 to whom the medal is presented’’. 

15 (b) NAVY.—Section 6257 of such title is amended— 

16 (1) by striking ‘‘after October 23, 2002’’; and 

17 (2) by adding at the end the following new sen18 tence: ‘‘In the case of a posthumous presentation of 

19 the medal, the flag shall be presented to the person 

20 to whom the medal is presented’’. 

21 (c) AIR FORCE.—Section 8755 of such title is amend22 ed— 

23 (1) by striking ‘‘after October 23, 2002’’; and 

24 (2) by adding at the end the following new sen25 tence: ‘‘In the case of a posthumous presentation of 


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1 the medal, the flag shall be presented to the person 

2 to whom the medal is presented’’. 

3 (d) COAST GUARD.—Section 505 of title 14, United 

4 States Code, is amended— 

5 (1) by striking ‘‘after October 23, 2002’’; and 

6 (2) by adding at the end the following new sen7 tence: ‘‘In the case of a posthumous presentation of 

8 the medal, the flag shall be presented to the person 

9 to whom the medal is presented’’. 

10 (e) PRESENTATION OF FLAG FOR PRIOR RECIPIENTS

11 OF MEDAL OF HONOR.— 

12 (1) LIVING RECIPIENTS.—The President shall 

13 provide for the presentation of the Medal of Honor 

14 Flag as expeditiously as possible after the date of 

15 the enactment of this Act to each living recipient of 

16 the Medal of Honor who was awarded the Medal of 

17 Honor before that date. 

18 (2) SURVIVORS OF DECEASED RECIPIENTS.— 

19 The President shall provide for posthumous presen20 tation of the Medal of Honor Flag, upon written ap21 plication therefor, to the primary next of kin of any 

22 recipient of the Medal of Honor who was awarded 

23 the Medal of Honor before the date of the enactment 

24 of this Act and who is deceased as of such date (or 

25 who dies after such date and before the presentation 


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1 required by paragraph (1)). For purposes of this 

2 paragraph, the primary next-of-kin is the person 

3 who would be entitled to receive the award of the 

4 Medal of Honor for such deceased individual if the 

5 award were being made posthumously at the time of 

6 the presentation of the Medal of Honor Flag. 

7 (3) MEDAL OF HONOR FLAG.—In this sub8 section, the term ‘‘Medal of Honor Flag’’ means the 

9 flag designated under section 903 of title 36, United 

10 States Code. 

11 SEC. 552. COLD WAR VICTORY MEDAL. 

12 (a) AUTHORITY.—Chapter 57 of title 10, United 

13 States Code, is amended by adding at the end the fol14 lowing new section: 

15 ‘‘§ 1135. Cold War Victory Medal 

16 ‘‘(a) MEDAL AUTHORIZED.—The Secretary con17 cerned shall issue a service medal, to be known as the 

18 ‘Cold War Victory Medal’, to persons eligible to receive 

19 the medal under subsection (b). The Cold War Victory 

20 Medal shall be of an appropriate design approved by the 

21 Secretary of Defense, with ribbons, lapel pins, and other 

22 appurtenances. 

23 ‘‘(b) ELIGIBLE PERSONS.—The following persons are 

24 eligible to receive the Cold War Victory Medal: 

25 ‘‘(1) A person who— 


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1 ‘‘(A) performed active duty or inactive 

2 duty training as an enlisted member during the 

3 Cold War; 

4 ‘‘(B) completed the person’s initial term of 

5 enlistment or, if discharged before completion of 

6 such initial term of enlistment, was honorably 

7 discharged after completion of not less than 

8 180 days of service on active duty; and 

9 ‘‘(C) has not received a discharge less fa10 vorable than an honorable discharge or a re11 lease from active duty with a characterization 

12 of service less favorable than honorable. 

13 ‘‘(2) A person who— 

14 ‘‘(A) performed active duty or inactive 

15 duty training as a commissioned officer or war16 rant officer during the Cold War; 

17 ‘‘(B) completed the person’s initial service 

18 obligation as an officer or, if discharged or sep19 arated before completion of such initial service 

20 obligation, was honorably discharged after com21 pletion of not less than 180 days of service on 

22 active duty; and 

23 ‘‘(C) has not been released from active 

24 duty with a characterization of service less fa25 vorable than honorable and has not received a 


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1 discharge or separation less favorable than an 

2 honorable discharge. 

3 ‘‘(c) ONE AWARD AUTHORIZED.—Not more than one 

4 Cold War Victory Medal may be issued to any person. 

5 ‘‘(d) ISSUANCE TO REPRESENTATIVE OF DE6 CEASED.—If a person described in subsection (b) dies be7 fore being issued the Cold War Victory Medal, the medal 

8 shall be issued to the person’s representative, as des9 ignated by the Secretary concerned. 

10 ‘‘(e) REPLACEMENT.—Under regulations prescribed 

11 by the Secretary concerned, a Cold War Victory Medal 

12 that is lost, destroyed, or rendered unfit for use without 

13 fault or neglect on the part of the person to whom it was 

14 issued may be replaced without charge. 

15 ‘‘(f) APPLICATION FOR MEDAL.—The Cold War Vic16 tory Medal shall be issued upon receipt by the Secretary 

17 concerned of an application for such medal, submitted in 

18 accordance with such regulations as the Secretary pre19 scribes. 

20 ‘‘(g) UNIFORM REGULATIONS.—The Secretary of De21 fense shall ensure that regulations prescribed by the Sec22 retaries of the military departments under this section are 

23 uniform so far as is practicable. 


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1 ‘‘(h) DEFINITION.—In this section, the term ‘Cold 

2 War’ means the period beginning on September 2, 1945, 

3 and ending at the end of December 26, 1991.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 at the end the following new item: 

‘‘1135. Cold War Victory Medal.’’. 

7 SEC. 553. POSTHUMOUS AWARD OF PURPLE HEART FOR 

8 PRISONERS OF WAR WHO DIE IN OR DUE TO 

9 CAPTIVITY. 

10 (a) DECEASED POWS NOT OTHERWISE ELIGIBLE

11 FOR PURPLE HEART.—Chapter 57 of title 10, United 

12 States Code, is amended by adding after section 1135, as 

13 added by section 552(a), the following new section: 

14 ‘‘§ 1136. Purple Heart: posthumous award for pris15 oners of war or former prisoners of war 

16 dying in or due to captivity 

17 ‘‘(a) For purposes of the award of the Purple Heart, 

18 the Secretary concerned shall treat a death described in 

19 subsection (b) in the same manner as the death of a mem20 ber of the armed forces in action as the result of an act 

21 of an enemy of the United States. 

22 ‘‘(b) A death described in this subsection is either of 

23 the following: 

24 ‘‘(1) The death of a member of the armed 

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1 tablishing eligibility for the prisoner-of-war medal 

2 under section 1128 of this title but under cir3 cumstances not otherwise establishing eligibility for 

4 the Purple Heart. 

5 ‘‘(2) The death of a member or former member 

6 of the armed forces who following captivity as a pris7 oner of war is issued the prisoner-of-war medal 

8 under section 1128 of this title and who dies due to 

9 a disease or disability that was incurred during that 

10 captivity, unless the member or former member re11 ceived a Purple Heart due to the injury or condi12 tions resulting in that disease or disability. 

13 ‘‘(c) The Secretary of Defense shall prescribe regula14 tions for determining eligibility for the Purple Heart 

15 under this section. Such regulations shall include criteria 

16 for the determination under paragraph (2) of subsection 

17 (b) of whether a death is due to a disease or disability 

18 incurred while a prisoner of war. 

19 ‘‘(d) This section applies to any member of the armed 

20 forces who is held as a prisoner of war after December 

21 7, 1941.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such chapter is amended by adding 

24 after the item relating to section 1135, as added by section 

25 552(b), the following new item: 


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‘‘1136. Purple Heart: posthumous award for prisoners of war or former prisoners of war dying in or due to captivity.’’. 

1 (c) RETROACTIVE AWARDS.—In the case of a mem2 ber or former member of the Armed Forces covered by 

3 section 1135 of title 10, United States Code, whose death 

4 is before the date of the enactment of this Act, the Sec5 retary concerned shall award the Purple Heart under that 

6 section upon receipt of an application that is made to the 

7 Secretary in such manner, and containing such informa8 tion, as the Secretary requires. 

9 SEC. 554. ADVANCEMENT ON THE RETIRED LIST OF CER10 TAIN DECORATED RETIRED NAVY AND MA11 RINE CORPS OFFICERS. 

12 (a) ADVANCEMENT ON RETIRED LIST.—The Sec13 retary of the Navy shall, upon receipt of a qualifying appli14 cation, advance on the retired list of the Navy or Marine 

15 Corps, as applicable, any retired officer of the Navy or 

16 Marine Corps described in subsection (b). Each such offi17 cer shall be advanced to the next higher grade above the 

18 officer’s retired grade as of the day before the date of the 

19 enactment of this Act. 

20 (b) COVERED OFFICERS.—Subsection (a) applies to 

21 any retired officer of the Navy or Marine Corps— 

22 (1) who was eligible to retire before November 

23 1, 1959, but who retired on or after that date; and 


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1 (2) who, under the provisions of law in effect 

2 before November 1, 1959, would have been eligible, 

3 by reason of having been specifically commended for 

4 performance of duty in actual combat, to have been 

5 retired in the next higher grade if the officer had re6 tired before that date. 

7 (c) QUALIFYING APPLICATION.—A qualifying appli8 cation is an application from an officer described in sub9 section (b) or, in the case of a deceased officer, the sur10 viving spouse or another immediate family member (as de11 termined by the Secretary) of the officer, that— 

12 (1) requests advancement on the retired list 

13 under this section; and 

14 (2) provides such information as the Secretary 

15 may require. 

16 (d) EFFECT OF ADVANCEMENT ON RETIRED LIST.— 

17 The advancement of an officer on the retired list pursuant 

18 to subsection (a) shall not affect— 

19 (1) in the case of a retired office who is living 

20 as of the date of the enactment of this Act, the re21 tired pay or other benefits of the officer or the grade 

22 in which the officer could be ordered or recalled to 

23 active duty; and 

24 (2) any benefit to which any other person is or 

25 may become entitled based upon the officer’s service. 


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1 SEC. 555. REPORT ON DEPARTMENT OF DEFENSE PROCESS 

2 FOR AWARDING DECORATIONS. 

3 (a) REVIEW.—The Secretary of Defense shall con4 duct a review of the policy, procedures, and processes of 

5 the military departments for awarding decorations to 

6 members of the Armed Forces. 

7 (b) TIME PERIODS.—As part of the review, the Sec8 retary shall determine how long the award process takes— 

9 (1) from the time a recommendation for the 

10 award of a decoration is submitted until the time the 

11 award of the decoration is approved; and 

12 (2) from the time award of a decoration is ap13 proved until the time when the decoration is pre14 sented to the recipient. 

15 (c) RESERVE COMPONENTS.—In conducting the re16 view, the Secretary shall ensure that the timeliness of the 

17 awards process for members of the reserve components is 

18 the same or similar as that for members of the active com19 ponents. 

20 (d) REPORT.—Not later than 90 days after the date 

21 of the enactment of this Act, the Secretary shall submit 

22 to the Committee on Armed Services of the Senate and 

23 the Committee on Armed Services of the House of Rep24 resentatives a report containing the Secretary’s findings 

25 as a result of the review under subsection (a), together 

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1 mined to be appropriate to the process for awarding deco2 rations in order to ensure that decorations are awarded 

3 in a timely manner, to the extent practicable. 

4 Subtitle G—Matters Relating to 

5 Casualties 

6 SEC. 561. CRITERIA FOR REMOVAL OF MEMBER FROM TEM7 PORARY DISABILITY RETIRED LIST. 

8 (a) CRITERIA.—Section 1210(e) of title 10, United 

9 States Code, is amended by inserting ‘‘of a permanent na10 ture and stable and is’’ after ‘‘physical disability’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall apply to any case received for consid13 eration by a physical evaluation board after the date of 

14 the enactment of this Act. 

15 SEC. 562. DEPARTMENT OF DEFENSE COMPUTER/ELEC16 TRONIC ACCOMMODATIONS PROGRAM FOR 

17 SEVERELY WOUNDED MEMBERS. 

18 (a) IN GENERAL.—Chapter 58 of title 10, United 

19 States Code, is amended by inserting after section 1150 

20 the following new section: 

21 ‘‘§ 1151. Severely wounded members: assistive tech22 nology and services 

23 ‘‘(a) AUTHORITY.—The Secretary of Defense may 

24 provide assistive technology, assistive technology devices, 

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1 fined in section 3 of the Assistive Technology Act of 1998 

2 (29 U.S.C. 3002), to a member of the armed forces who 

3 has sustained a severe or debilitating illness or injury 

4 while serving in support of a contingency operation. 

5 ‘‘(b) DURATION AND PROVISION OF TECHNOLOGY

6 AND SERVICES.—The Secretary may provide technology 

7 and services authorized by subsection (a) for an indefinite 

8 period, without regard to whether the person assisted con9 tinues to be a member of the armed forces. 

10 ‘‘(c) AUTHORITY TO ALLOW RETENTION OF DE11 VICES, ETC.—Upon the separation from active service of 

12 a member who has been provided assistance as specified 

13 in subsection (a), the Secretary may allow the member to 

14 retain any assistive technology, device, or service provided 

15 to the member before the member’s separation.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of such chapter is amended by inserting 

18 after the item relating to section 1150 the following new 

19 item: 

‘‘1151. Severely wounded members: assistive technology and services.’’. 

20 SEC. 563. TRANSPORTATION OF REMAINS OF CASUALTIES 

21 DYING IN A THEATER OF COMBAT OPER22 ATIONS. 

23 (a) IN GENERAL.—The Secretary concerned shall 

24 provide transportation of the remains of a member of the 

25 Armed Forces who dies in a combat theater of operations 


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1 and whose remains are returned to the United States 

2 through the mortuary facility at Dover Air Force Base, 

3 Delaware, in accordance with section 1482(a)(8) of title 

4 10, United States Code, and this section. 

5 (b) ESCORT.—The Secretary concerned shall ensure 

6 that such remains are escorted under that section at all 

7 times by at least one person, who shall be a member of 

8 the Armed Forces of appropriate grade. 

9 (c) AIR TRANSPORTATION FROM DOVER AFB.— 

10 (1) USE OF MILITARY AIRCRAFT.—If transpor11 tation of remains described in subsection (a) from 

12 Dover Air Force Base to the escorted remains des13 tination includes transportation by aircraft, such 

14 transportation by aircraft (unless otherwise directed 

15 by the next-of-kin) shall be made by military aircraft 

16 or military-contracted aircraft to the military airfield 

17 that is closest to the escorted remains destination. 

18 In the case of any such flight, the exclusive mission 

19 of the flight shall be the transportation of those re20 mains. 

21 (2) ESCORTED REMAINS DESTINATION.—In this 

22 subsection, the term ‘‘escorted remains destination’’ 

23 means the place to which remains are to be trans24 ported pursuant to section 1482(a)(8) of title 10, 

25 United States Code. 


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1 (d) HONOR GUARD ESCORT.—In a case of the trans2 portation of remains covered by subsection (a), there shall 

3 be a military escort (in addition to the escort under sub4 section (b)) that either travels with the remains from 

5 Dover Air Force Base or meets the remains at the place 

6 to which transportation by air (or by rail or motor vehicle, 

7 if applicable) is made. Such escort shall be of sufficient 

8 number to transfer the casket containing the remains from 

9 the aircraft (or other means of transportation to that 

10 place) to a hearse for local transportation. Such escort 

11 shall remain with the remains until the remains are deliv12 ered to the next-of-kin. Such escort shall consist of mem13 bers of the Armed Forces on active duty or in the Ready 

14 Reserve. 

15 SEC. 564. ANNUAL BUDGET DISPLAY OF FUNDS FOR POW/ 

16 MIA ACTIVITIES OF DEPARTMENT OF DE17 FENSE. 

18 (a) CONSOLIDATED BUDGET JUSTIFICATION.— 

19 Chapter 9 of title 10, United States Code, is amended by 

20 adding at the end the following new section: 

21 ‘‘§ 234. POW/MIA activities: display of budget infor22 mation 

23 ‘‘(a) SUBMISSION WITH ANNUAL BUDGET JUS24 TIFICATION DOCUMENTS.—The Secretary of Defense shall 

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1 rials for a fiscal year, a consolidated budget justification 

2 display, in classified and unclassified form, that covers all 

3 programs and activities of Department of Defense POW/ 

4 MIA accounting and recovery organizations. 

5 ‘‘(b) REQUIREMENTS FOR BUDGET DISPLAY.—The 

6 budget display under subsection (a) for a fiscal year shall 

7 include the following for each such organization: 

8 ‘‘(1) The amount, by appropriation and func9 tional area, originally requested by that organization 

10 for that fiscal year, with the supporting narrative 

11 describing the rationale for the requested funding 

12 level. 

13 ‘‘(2) A summary of actual or estimated expendi14 tures by that organization for the fiscal year during 

15 which the budget is submitted and for the fiscal year 

16 preceding that year. 

17 ‘‘(3) The amount in the budget for that organi18 zation. 

19 ‘‘(4) A detailed explanation of any inconsist20 encies between the amount originally requested by 

21 the organization (shown pursuant to paragraph (1)) 

22 and the amount in the budget for that organization 

23 (shown pursuant to paragraph (3)). 


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1 ‘‘(5) The budget estimate for that organization 

2 for the next five fiscal years after the fiscal year for 

3 which the budget is submitted. 

4 ‘‘(c) DEPARTMENT OF DEFENSE POW/MIA AC5 COUNTING AND RECOVERY ORGANIZATIONS.—In this sec6 tion, the term ‘Department of Defense POW/MIA ac7 counting and recovery organization’ means any of the fol8 lowing (and any successor organization): 

9 ‘‘(1) The Defense Prisoner of War/Missing Per10 sonnel Office (DPMO). 

11 ‘‘(2) The Joint POW/MIA Accounting Com12 mand (JPAC). 

13 ‘‘(3) The Armed Forces DNA Identification 

14 Laboratory (AFDIL). 

15 ‘‘(4) The Life Sciences Equipment Laboratory 

16 (LSEL) of the Air Force. 

17 ‘‘(5) Any other element of the Department of 

18 Defense the mission of which (as designated by the 

19 Secretary of Defense) involves the accounting for 

20 and recovery of members of the armed forces who 

21 are missing in action or prisoners of war or who are 

22 unaccounted for. 

23 ‘‘(d) OTHER DEFINITIONS.—In this section: 

24 ‘‘(1) The term ‘budget’, with respect to a fiscal 

25 year, means the budget for that fiscal year that is 


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1 submitted to Congress by the President under sec2 tion 1105(a) of title 31. 

3 ‘‘(2) The term ‘defense budget materials’, with 

4 respect to a fiscal year, means the materials sub5 mitted to Congress by the Secretary of Defense in 

6 support of the budget for that fiscal year.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of such chapter is amended by adding 

9 at the end the following new item: 

‘‘234. POW/MIA activities: display of budget information.’’. 

10 Subtitle H—Assistance to Local 

11 Educational Agencies for De12 fense Dependents Education 

13 SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

14 EDUCATIONAL AGENCIES THAT BENEFIT DE15 PENDENTS OF MEMBERS OF THE ARMED 

16 FORCES AND DEPARTMENT OF DEFENSE CI17 VILIAN EMPLOYEES. 

18 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

19 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

20 amount authorized to be appropriated pursuant to section 

21 301(5) for operation and maintenance for Defense-wide 

22 activities, $50,000,000 shall be available only for the pur23 pose of providing assistance to local educational agencies 

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1 fense Authorization Act for Fiscal Year 2006 (Public Law 

2 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 

3 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

4 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

5 CHANGES, OR FORCE RELOCATIONS.—Of the amount au6 thorized to be appropriated pursuant to section 301(5) for 

7 operation and maintenance for Defense-wide activities, 

8 $15,000,000 shall be available only for the purpose of pro9 viding assistance to local educational agencies under sub10 section (b) of such section 572. 

11 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 

12 this section, the term ‘‘local educational agency’’ has the 

13 meaning given that term in section 8013(9) of the Ele14 mentary and Secondary Education Act of 1965 (20 U.S.C. 

15 7713(9)). 

16 SEC. 572. ENROLLMENT IN DEFENSE DEPENDENTS’ EDU17 CATION SYSTEM OF DEPENDENTS OF FOR18 EIGN MILITARY MEMBERS ASSIGNED TO SU19 PREME HEADQUARTERS ALLIED POWERS, 

20 EUROPE. 

21 Section 1404A of the Defense Dependents’ Education 

22 Act of 1978 (20 U.S.C. 923a) is amended— 

23 (1) in subsection (a)— 

24 (A) by striking ‘‘of the children’’ and in25 serting ‘‘of— 


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1 ‘‘(1) the children’’; 

2 (B) by striking the period at the end and 

3 inserting ‘‘; and’’; and 

4 (C) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) the children of a foreign military member 

7 assigned to the Supreme Headquarters Allied Pow8 ers, Europe, but only in a school of the defense de9 pendents’ education system in Mons, Belgium.’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(c) SPECIAL RULES REGARDING ENROLLMENT OF

13 DEPENDENTS OF FOREIGN MILITARY MEMBERS AS14 SIGNED TO SUPREME HEADQUARTERS ALLIED POWERS, 

15 EUROPE.—(1) In the regulations required by subsection 

16 (a), the Secretary shall prescribe a methodology based on 

17 the estimated total number of dependents of sponsors 

18 under section 1414(2) enrolled in schools of the defense 

19 dependents’ education system in Mons, Belgium, to deter20 mine the number of children described in paragraph (2) 

21 of subsection (a) who will be authorized to enroll under 

22 such subsection. 

23 ‘‘(2) If the number of children described in paragraph 

24 (2) of subsection (a) who seek enrollment in schools of 

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1 gium, exceeds the number authorized by the Secretary 

2 under paragraph (1), the Secretary may enroll the addi3 tional children on a space-available, tuition-free basis not4 withstanding section 1404(d)(2).’’. 

5 Subtitle I—Postal Benefits 

6 SEC. 575. POSTAL BENEFITS PROGRAM FOR MEMBERS OF 

7 THE ARMED FORCES. 

8 (a) IN GENERAL.—The Secretary of Defense, in con9 sultation with the United States Postal Service, shall pro10 vide for a program under which postal benefits shall be 

11 provided to qualified individuals in accordance with this 

12 subtitle. 

13 (b) QUALIFIED INDIVIDUAL.—For purposes of this 

14 subtitle, the term ‘‘qualified individual’’ means an indi15 vidual— 

16 (1) who is a member of the Armed Forces on 

17 active duty (as defined in section 101 of title 10, 

18 United States Code); and 

19 (2) who is— 

20 (A) serving in Iraq or Afghanistan; or 

21 (B) hospitalized at a facility under the ju22 risdiction of the Armed Forces as a result of a 

23 disease or injury incurred as a result of service 

24 in Iraq or Afghanistan. 

25 (c) POSTAL BENEFITS DESCRIBED.— 


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1 (1) IN GENERAL.—The postal benefits provided 

2 under this subtitle shall consist of such coupons or 

3 other similar evidence of credit (whether in printed, 

4 electronic, or other format, and hereinafter in this 

5 subtitle referred to as ‘‘vouchers’’) as the Secretary 

6 of Defense (in consultation with the Postal Service) 

7 shall determine, entitling the bearer or user to make 

8 qualified mailings free of postage. 

9 (2) QUALIFIED MAILING.—For purposes of this 

10 subtitle, the term ‘‘qualified mailing’’ means the 

11 mailing of any mail matter which— 

12 (A) is described in subparagraph (A), (B), 

13 (C), or (D) of paragraph (3); 

14 (B) is sent from within an area served by 

15 a United States post office; and 

16 (C) is addressed to a qualified individual. 

17 (3) MAIL MATTER DESCRIBED.—The mail mat18 ter described in this paragraph is— 

19 (A) any letter mail not exceeding 13 

20 ounces in weight and having the character of 

21 personal correspondence; 

22 (B) any sound- or video-recorded commu23 nications not exceeding 15 pounds in weight 

24 and having the character of personal cor25 respondence; 


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1 (C) any ground parcel not exceeding 15 

2 pounds in weight; and 

3 (D) any bound printed matter not exceed4 ing 15 pounds in weight. 

5 (4) LIMITATIONS.— 

6 (A) NUMBER.—An individual shall be eligi7 ble for one voucher for each month in which 

8 such individual is a qualified individual. 

9 (B) USE.—Any such voucher may not be 

10 used— 

11 (i) for more than a single qualified 

12 mailing; or 

13 (ii) after the earlier of— 

14 (I) the expiration date of such 

15 voucher, as designated by the Sec16 retary of Defense; or 

17 (II) the last day of the one-year 

18 period referred to in section 577. 

19 (5) COORDINATION RULE.—Postal benefits 

20 under this subtitle shall be in addition to, and not 

21 in lieu of, any reduced rates of postage or other 

22 similar benefits which might otherwise be available 

23 by or under law, including any rates of postage re24 sulting from the application of section 3401(b) of 

25 title 39, United States Code. 


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1 (d) REGULATIONS.—Not later than 30 days after the 

2 date of the enactment of this Act, the Secretary of Defense 

3 (in consultation with the Postal Service) shall prescribe 

4 any regulations necessary to carry out this subtitle, includ5 ing— 

6 (1) procedures by which vouchers will be pro7 vided or made available (including measures to allow 

8 vouchers to reach, in a timely manner, the persons 

9 selected by qualified individuals to use the vouchers); 

10 and 

11 (2) procedures to ensure that the number of 

12 vouchers provided or made available with respect to 

13 any qualified individual complies with subsection 

14 (c)(4)(A). 

15 SEC. 576. FUNDING. 

16 (a) IN GENERAL.—Funding for the expenses in17 curred by the Department of Defense for any fiscal year 

18 in providing postal benefits under this subtitle shall be 

19 paid out of funds authorized to be appropriated for that 

20 fiscal year for a contingent emergency reserve fund or as 

21 an emergency supplemental appropriations. 

22 (b) TRANSFERS TO POSTAL SERVICE.— 

23 (1) BASED ON ESTIMATES.—The Secretary of 

24 Defense shall transfer to the Postal Service, out of 

25 any amount so appropriated and in advance of each 


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1 calendar quarter during which postal benefits under 

2 this subtitle may be used, an amount equal to the 

3 amount of postal benefits that the Secretary of De4 fense estimates will be used during such quarter, re5 duced or increased (as the case may be) by any 

6 amounts by which the Secretary finds that a deter7 mination under this subtitle for a prior quarter was 

8 greater than or less than the amount finally deter9 mined for such quarter. 

10 (2) BASED ON FINAL DETERMINATION.—A 

11 final determination of the amount necessary to cor12 rect any previous determination under this section, 

13 and any transfer of amounts between the Postal 

14 Service and the Department of Defense based on 

15 that final determination, shall be made not later 

16 than six months after the end of the one-year period 

17 referred to in section 577. 

18 (c) CONSULTATION REQUIRED.—All estimates and 

19 determinations under this section of the amount of postal 

20 benefits under this subtitle used in any period shall be 

21 made by the Secretary of Defense in consultation with the 

22 Postal Service. 

23 SEC. 577. DURATION. 

24 The postal benefits under this subtitle shall apply 

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1 riod beginning on the date on which the regulations under 

2 section 575(d) take effect. 

3 Subtitle J—Other Matters 

4 SEC. 581. REDUCTION IN DEPARTMENT OF DEFENSE AC5 CRUAL CONTRIBUTIONS TO DEPARTMENT OF 

6 DEFENSE MILITARY RETIREMENT FUND. 

7 (a) DETERMINATION OF CONTRIBUTIONS TO THE

8 FUND.— 

9 (1) CALCULATION OF ANNUAL DEPARTMENT OF

10 DEFENSE CONTRIBUTION.—Subsection (b)(1) of sec11 tion 1465 of title 10, United States Code, is amend12 ed— 

13 (A) in subparagraph (A)(ii), by striking 

14 ‘‘to members of ’’ and all that follows and in15 serting ‘‘for active duty (other than the Coast 

16 Guard) and for full-time National Guard duty 

17 (other than full-time National Guard duty for 

18 training only), but excluding any duty that 

19 would be excluded for active-duty end strength 

20 purposes by section 115(i) of this title.’’; and 

21 (B) in subparagraph (B)(ii)— 

22 (i) by striking ‘‘Ready Reserve’’ and 

23 inserting ‘‘Selected Reserve’’; and 

24 (ii) by striking ‘‘Coast Guard and 

25 other than members on full-time National 


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1 Guard duty other than for training) who 

2 are’’ and inserting ‘‘Coast Guard) for serv3 ice’’. 

4 (2) QUADRENNIAL ACTUARIAL VALUATION.— 

5 Subsection (c)(1) of such section is amended — 

6 (A) in subparagraph (A), by striking ‘‘for 

7 members of the armed forces’’ and all that fol8 lows through ‘‘for training only)’’ and inserting 

9 ‘‘for active duty (other than the Coast Guard) 

10 and for full-time National Guard duty (other 

11 than full-time National Guard duty for training 

12 only), but excluding any duty that would be ex13 cluded for active-duty end strength purposes by 

14 section 115(i) of this title’’; and 

15 (B) in subparagraph (B)— 

16 (i) by striking ‘‘Ready Reserve’’ and 

17 inserting ‘‘Selected Reserve’’; and 

18 (ii) by striking ‘‘Coast Guard and 

19 other than members on full-time National 

20 Guard duty other than for training) who 

21 are’’ and inserting ‘‘Coast Guard) for serv22 ice’’. 

23 (b) PAYMENTS INTO THE FUND.—Section 1466(a) of 

24 such title is amended— 


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1 (1) in paragraph (1)(B), by striking ‘‘by mem2 bers’’ and all that follows and inserting ‘‘for active 

3 duty (other than the Coast Guard) and for full-time 

4 National Guard duty (other than full-time National 

5 Guard duty for training only), but excluding any 

6 duty that would be excluded for active-duty end 

7 strength purposes by section 115(i) of this title’’; 

8 and 

9 (2) in paragraph (2)(B)— 

10 (A) by striking ‘‘Ready’’ and inserting 

11 ‘‘Selected’’; and 

12 (B) by striking ‘‘Coast Guard and other 

13 than members on full-time National Guard duty 

14 other than for training) who are’’ and inserting 

15 ‘‘Coast Guard) for service’’. 

16 SEC. 582. DENTAL CORPS OF THE BUREAU OF MEDICINE 

17 AND SURGERY. 

18 (a) DELETION OF REFERENCES TO DENTAL DIVI19 SION.—Section 5138 of title 10, United States Code, is 

20 amended— 

21 (1) in subsection (a)— 

22 (A) by striking the first sentence; and 

23 (B) by striking ‘‘Dental Division’’ and in24 serting ‘‘Dental Corps’’ in the second sentence; 


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1 (2) in subsection (b), by striking ‘‘Dental Divi2 sion’’ and inserting ‘‘Dental Corps’’; 

3 (3) in subsection (c)— 

4 (A) by striking ‘‘so’’ in the first sentence; 

5 (B) by striking ‘‘, that all such’’ in the 

6 first sentence and all that follows through 

7 ‘‘Dental Division’’; and 

8 (C) by striking the second sentence.; and 

9 (b) FUNCTIONS OF CHIEF OF DENTAL CORPS.—Sub10 section (d) of such section is amended to read as follows: 

11 ‘‘(d) The Chief of the Dental Corps shall serve as 

12 the advisor to the Surgeon General on all matters relating 

13 directly to dentistry, including professional standards and 

14 policies for dental practice.’’. 

15 (c) CLERICAL AMENDMENTS.— 

16 (1) The heading of such section is amended to 

17 read as follows: 

18 ‘‘§ 5138. Bureau of Medicine and Surgery: Dental 

19 Corps; Chief’’. 

20 (2) The item relating to section 5138 in the 

21 table of sections at the beginning of chapter 513 of 

22 such title is amended to read as follows: 

‘‘5138. Bureau of Medicine and Surgery: Dental Corps; Chief.’’. 


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1 SEC. 583. PERMANENT AUTHORITY FOR PRESENTATION OF 

2 RECOGNITION ITEMS FOR RECRUITMENT 

3 AND RETENTION PURPOSES. 

4 Section 2261 of title 10, United States Code, is 

5 amended by striking subsection (d). 

6 SEC. 584. REPORT ON FEASIBILITY OF ESTABLISHMENT OF 

7 MILITARY ENTRANCE PROCESSING COM8 MAND STATION ON GUAM. 

9 (a) REVIEW.—The Secretary of Defense shall review 

10 the feasibility and cost effectiveness of establishing on 

11 Guam a station of the Military Entrance Processing Com12 mand to process new recruits for the Armed Forces who 

13 are drawn from the western Pacific region. For the pur14 poses of the review, the cost effectiveness of establishing 

15 such a facility on Guam shall be measured, in part, 

16 against the system in effect in early 2006 of using Hawaii 

17 and other locations for the processing of new recruits from 

18 Guam and other locations in the western Pacific region. 

19 (b) REPORT.—Not later than June 1, 2007, the Sec20 retary shall submit to the Committee on Armed Services 

21 of the Senate and the Committee on Armed Services of 

22 the House of Representatives a report providing the re23 sults of the study under subsection (a). 


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1 SEC. 585. PERSONS AUTHORIZED TO ADMINISTER ENLIST2 MENT AND APPOINTMENT OATHS. 

3 (a) ENLISTMENT OATH.—Section 502 of title 10, 

4 United States Code, is amended— 

5 (1) by inserting ‘‘(a) ENLISTMENT OATH.—’’ 

6 before ‘‘Each person enlisting’’; 

7 (2) by striking the last sentence; and 

8 (3) by adding at the end the following: 

9 ‘‘(b) WHO MAY ADMINISTER.—The oath may be 

10 taken before the President, the Vice-President, the Sec11 retary of Defense, any commissioned officer, or any other 

12 person designated under regulations prescribed by the 

13 Secretary of Defense.’’. 

14 (b) OATHS GENERALLY.—Section 1031 of such title 

15 is amended by striking ‘‘Any commissioned officer of any 

16 component of an armed force, whether or not on active 

17 duty, may administer any oath’’ and inserting ‘‘The Presi18 dent, the Vice-President, the Secretary of Defense, any 

19 commissioned officer, and any other person designated 

20 under regulations prescribed by the Secretary of Defense 

21 may administer any oath’’. 


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1 SEC. 586. REPEAL OF REQUIREMENT FOR PERIODIC DE2 PARTMENT OF DEFENSE INSPECTOR GEN3 ERAL ASSESSMENTS OF VOTING ASSISTANCE 

4 COMPLIANCE AT MILITARY INSTALLATIONS. 

5 (a) REPEAL OF DUPLICATIVE ASSESSMENT RE6 QUIREMENT.—Section 1566 of title 10, United States 

7 Code, is amended by striking subsection (d). 

8 (b) REPEAL OF EXPIRED PROVISION.—Subsection 

9 (g)(2) of such section is amended by striking the last sen10 tence. 

11 SEC. 587. PHYSICAL EVALUATION BOARDS. 

12 (a) IN GENERAL.— 

13 (1) PROCEDURAL REQUIREMENTS.—Chapter 61 

14 of title 10, United States Code, is amended by add15 ing at the end the following new section: 

16 ‘‘§ 1222. Physical evaluation boards 

17 ‘‘(a) RESPONSE TO APPLICATIONS AND APPEALS.— 

18 The Secretary of each military department shall ensure, 

19 in the case of any member of the armed forces appearing 

20 before a physical evaluation board under that Secretary’s 

21 supervision, that documents announcing a decision of the 

22 board in the case convey the findings and conclusions of 

23 the board in an orderly and itemized fashion with specific 

24 attention to each issue presented by the member in regard 

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1 sideration and upon subsequent consideration due to ap2 peal by the member or other circumstance. 

3 ‘‘(b) LIAISON OFFICER (PEBLO) REQUIREMENTS

4 AND TRAINING.—(1) The Secretary of Defense shall pre5 scribe regulations establishing — 

6 ‘‘(A) a requirement for the Secretary of each 

7 military department to make available to members 

8 of the armed forces appearing before physical eval9 uation boards operated by that Secretary employees, 

10 designated as physical evaluation board liaison offi11 cers, to provide advice, counsel, and general informa12 tion to such members on the operation of physical 

13 evaluation boards operated by that Secretary; and 

14 ‘‘(B) standards and guidelines concerning the 

15 training of such physical evaluation board liaison of16 ficers. 

17 ‘‘(2) The Secretary shall assess compliance by the 

18 Secretary of each military department with physical eval19 uation board liaison officer requirements and training 

20 standards and guidelines at least once every three years. 

21 ‘‘(c) STANDARDIZED STAFF TRAINING AND OPER22 ATIONS.—(1) The Secretary of Defense shall prescribe 

23 regulations on standards and guidelines concerning the 

24 physical evaluation board operated by each of the Secre25 taries of the military departments with regard to— 


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1 ‘‘(A) assignment and training of staff; 

2 ‘‘(B) operating procedures; and 

3 ‘‘(C) consistency and timeliness of board deci4 sions. 

5 ‘‘(2) The Secretary shall assess compliance with 

6 standards and guidelines prescribed under paragraph (1) 

7 by each physical evaluation board at least once every three 

8 years.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of such chapter is amended 

11 by adding at the end the following new item: 

‘‘1222. Physical evaluation boards.’’. 

12 (b) EFFECTIVE DATE.—Section 1222 of title 10, 

13 United States Code, as added by subsection (a), shall 

14 apply with respect to decisions rendered on cases com15 menced more than 120 days after the date of the enact16 ment of this Act. 

17 SEC. 588. DEPARTMENT OF LABOR TRANSITIONAL ASSIST18 ANCE PROGRAM. 

19 (a) REQUIRED PARTICIPATION FOR CERTAIN MEM20 BERS.—Subsection (c) of section 1144 of title 10, United 

21 States Code, is amended to read as follows: 

22 ‘‘(c) PARTICIPATION.—(1) Except as provided in 

23 paragraph (2), the Secretary of Defense shall require par24 ticipation by members of the armed forces eligible for as25 sistance under the program carried out under this section. 


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1 ‘‘(2) The Secretary of Defense need not require, but 

2 shall encourage and otherwise promote, participation in 

3 the program by the following members described in para4 graph (1): 

5 ‘‘(A) A member who has previously participated 

6 in the program. 

7 ‘‘(B) A member who, upon discharge or release 

8 from active duty, is returning to— 

9 ‘‘(i) a position of employment; or 

10 ‘‘(ii) pursuit of an academic degree or 

11 other educational or occupational training ob12 jective that the members was pursuing when 

13 called or ordered to such active duty. 

14 ‘‘(3) Members of the armed forces eligible for assist15 ance under this section include— 

16 ‘‘(A) members of the reserve components being 

17 separated from service on active duty for a period of 

18 more than 30 days; and 

19 ‘‘(B) members of the National Guard being sep20 arated from full-time National Guard duty. 

21 ‘‘(4) The Secretary concerned shall ensure that com22 manders of members who are required to be provided as23 sistance under this section authorize the members to be 

24 provided such assistance during duty time.’’. 


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1 (b) REQUIRED UPDATING OF MATERIALS.—Such 

2 section is further amended by adding at the end the fol3 lowing new subsection: 

4 ‘‘(e) UPDATING OF MATERIALS.—The Secretary con5 cerned shall, on a continuing basis, update the content of 

6 the materials used by the National Veterans Training In7 stitute of the Department of Labor and the Secretary’s 

8 other materials that provide direct training support to per9 sonnel who carry out the program established in this sec10 tion.’’. 

11 SEC. 589. REVISION IN GOVERNMENT CONTRIBUTIONS TO 

12 MEDICARE-ELIGIBLE RETIREE HEALTH CARE 

13 FUND. 

14 (a) MEDICARE ELIGIBLE RETIREE HEALTH CARE

15 FUND.—Section 1111 of title 10, United States Code, is 

16 amended— 

17 (1) in subsection (a), by striking ‘‘of the De18 partment of Defense’’; 

19 (2) in subsection (b), by adding at the end of 

20 the following new paragraph: 

21 ‘‘(5) The term ‘members of the uniformed serv22 ices on active duty’ does not include a cadet at the 

23 United States Military Academy, the United States 

24 Air Force Academy, or the Coast Guard Academy or 


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1 a midshipman at the United States Naval Acad2 emy.’’; and 

3 (3) in the last sentence of subsection (c)— 

4 (A) by striking ‘‘Secretary of Defense’’ and 

5 inserting ‘‘Secretary of the Treasury’’; and 

6 (B) by striking ‘‘section 1116(a)’’ and in7 serting ‘‘section 1116 of this title’’. 

8 (b) DETERMINATION OF CONTRIBUTIONS TO THE

9 FUND.—Section 1115 of such title is amended— 

10 (1) in the last sentence of subsection (a)— 

11 (A) by inserting ‘‘by the Secretary of the 

12 Treasury’’ after ‘‘Contributions to the Fund’’; 

13 and 

14 (B) by striking ‘‘section 1116(c)’’ and in15 serting ‘‘section 1116(a)(1)’’. 

16 (2) in subsection (b)— 

17 (A) in the matter preceding paragraph (1), 

18 by striking the first sentence and inserting the 

19 following: ‘‘The Secretary of the Treasury, 

20 based on data provided by the Secretary of De21 fense, shall determine, before the beginning of 

22 each fiscal year, the amount that the Secretary 

23 of the Treasury shall contribute to the Fund 

24 during that fiscal year under section 1116(a)(2) 

25 of this title.’’; 


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1 (B) in paragraph (1)(B), by inserting be2 fore the period at the end the following: ‘‘, but 

3 excluding any member who would be excluded 

4 for active-duty end strength purposes by section 

5 115(I) of this title’’; and 

6 (C) in paragraph (2)(B)— 

7 (I) by striking ‘‘Ready Reserve’’ and 

8 inserting ‘‘Selected Reserve’’; and 

9 (ii) by striking ‘‘(other than members 

10 on full-time National Guard duty other 

11 than for training)’’; and 

12 (3) in subsection (c)— 

13 (A) in paragraph (1)(A), by inserting be14 fore the semicolon the following: ‘‘, but exclud15 ing any member who would be excluded for ac16 tive-duty end strength purposes by section 

17 115(I) of this title’’; 

18 (B) in paragraph (1)(B)— 

19 (I) by striking ‘‘Ready Reserve’’ and 

20 inserting ‘‘Selected Reserve’’; and 

21 (ii) by striking ‘‘(other than members 

22 on full-time National Guard duty other 

23 than for training)’’; and 

24 (C) in paragraph (5), by inserting after 

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1 retary of Defense, before the beginning of each 

2 fiscal year, shall promptly provide data to the 

3 Secretary of the Treasury regarding the actu4 arial valuations conducted under this subsection 

5 that would affect the contributions of the Sec6 retary of the Treasury to the Fund for that fis7 cal year.’’. 

8 (c) PAYMENTS INTO THE FUND.—Section 1116 of 

9 such title is amended— 

10 (1) in the matter in subsection (a) preceding 

11 paragraph (1)— 

12 (A) by striking ‘‘after September 30, 

13 2005’’; and 

14 (B) by striking ‘‘Treasury—’’ and insert15 ing ‘‘Treasury the following:’’; 

16 (2) by redesignating paragraph (2) of sub17 section (a) as paragraph (3); 

18 (3) by striking paragraph (1) of subsection (a) 

19 and inserting the following: 

20 ‘‘(1) The amount determined to be required as 

21 the contribution to the Fund under subsection (a) of 

22 section 1115 of this title. 

23 ‘‘(2) The amount determined to be required as 

24 the contribution to the Fund under subsection (b) of 

25 section 1115 of this title.’’; 


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1 (4) in paragraph (3) of subsection (a) (as re2 designated by paragraph (2)), by capitalizing the 

3 first letter of the first word; 

4 (5) by transferring paragraphs (3), (4), and (5) 

5 of subsection (b) to the end of subsection (a) and re6 designating those paragraphs as paragraphs (4), (5), 

7 and (6), respectively; and 

8 (6) by striking subsection (b) (as amended by 

9 paragraph (5)) and subsections (c) and (d) and in10 serting the following new subsection (b): 

11 ‘‘(b) No funds authorized or appropriated to the De12 partment of Defense may be used to fund, or otherwise 

13 provide for, the payments required by this section.’’. 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect with respect to payments 

16 under chapter 56 of title 10, United States Code, begin17 ning with fiscal year 2008. 

18 SEC. 590. MILITARY CHAPLAINS. 

19 (a) UNITED STATES ARMY.—Section 3547 of title 

20 10, United States Code, is amended by adding at the end 

21 the following new subsection: 

22 ‘‘(c) Each chaplain shall have the prerogative to pray 

23 according to the dictates of the chaplain’s own conscience, 

24 except as must be limited by military necessity, with any 


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1 such limitation being imposed in the least restrictive man2 ner feasible.’’. 

3 (b) UNITED STATES MILITARY ACADEMY.—Section 

4 4337 of such title is amended— 

5 (1) by inserting ‘‘(a)’’ before ‘‘There’’; and 

6 (2) by adding at the end the following new sub7 section: 

8 ‘‘(b) The Chaplain shall have the prerogative to pray 

9 according to the dictates of the Chaplain’s conscience, ex10 cept as must be limited by military necessity, with any 

11 such limitation being imposed in the least restrictive man12 ner feasible.’’. 

13 (c) UNITED STATES NAVY AND MARINE CORPS.— 

14 Section 6031 of such title is amended by adding at the 

15 end the following new subsection: 

16 ‘‘(d) Each chaplain shall have the prerogative to pray 

17 according to the dictates of the chaplain’s own conscience, 

18 except as must be limited by military necessity, with any 

19 such limitation being imposed in the least restrictive man20 ner feasible.’’. 

21 (d) UNITED STATES AIR FORCE.—Section 8547 of 

22 such title is amended by adding at the end the following 

23 new subsection: 

24 ‘‘(c) Each chaplain shall have the prerogative to pray 

25 according to the dictates of the chaplain’s own conscience, 


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1 except as must be limited by military necessity, with any 

2 such limitation being imposed in the least restrictive man3 ner feasible.’’. 

4 (e) UNITED STATES AIR FORCE ACADEMY.—Section 

5 9337 of such title is amended— 

6 (1) by inserting ‘‘(a)’’ before ‘‘There’’; and 

7 (2) by adding at the end the following new sub8 section: 

9 ‘‘(b) The Chaplain shall have the prerogative to pray 

10 according to the dictates of the Chaplain’s conscience, ex11 cept as must be limited by military necessity, with any 

12 such limitation being imposed in the least restrictive man13 ner feasible.’’. 

14 SEC. 591. REPORT ON PERSONNEL REQUIREMENTS FOR 

15 AIRBORNE ASSETS IDENTIFIED AS LOW-DEN16 SITY, HIGH-DEMAND AIRBORNE ASSETS. 

17 (a) REPORT REQUIRED.—Not later than 90 days 

18 after the date of the enactment of this Act, the Secretary 

19 of Defense shall submit to the Committee on Armed Serv20 ices of the Senate and the Committee on Armed Services 

21 of the House of Representatives a report on personnel re22 quirements for airborne assets identified as Low-Density, 

23 High-Demand Airborne Assets based on combatant com24 mander requirements to conduct and sustain operations 

25 for the global war on terrorism. 


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1 (b) MATTER TO BE INCLUDED.—The report shall in2 clude the following for each airborne asset identified as 

3 a Low-Density, High-Demand Airborne Asset: 

4 (1) The numbers of operations and mainte5 nance crews to meet tasking contemplated to con6 duct operations for the global war on terrorism. 

7 (2) The current numbers of operations and 

8 maintenance crews. 

9 (3) If applicable, shortages of operations and 

10 maintenance crews. 

11 (4) Whether such shortages are addressed in 

12 the future-years defense program. 

13 (5) Whether end-strength increases are required 

14 to meet any such shortages. 

15 (6) Costs of personnel needed to address short16 falls. 

17 (7) If applicable, the number and types of 

18 equipment needed to address training shortfalls. 

19 SEC. 592. ENTREPRENEURIAL SERVICE MEMBERS EM20 POWERMENT TASK FORCE. 

21 (a) ESTABLISHMENT.—The Secretary of Defense, in 

22 coordination with the Administrator of the Small Business 

23 Administration, shall establish a task force to provide 

24 timely input to the Secretary and the Administrator with 

25 respect to— 


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1 (1) measures that would improve the programs 

2 and activities of the Department and the Adminis3 tration that are designed to address the economic 

4 concerns, as well as the business challenges and op5 portunities, of entrepreneurial service members; and 

6 (2) measures that would improve the coordina7 tion of the programs and activities relating to entre8 preneurial service members conducted by— 

9 (A) the National Committee for Employer 

10 Support of the National Guard and Reserve; 

11 (B) Veterans Business Outreach Centers; 

12 (C) Federal procurement entities; and 

13 (D) any other elements within, or affiliates 

14 of, the Department of Defense or the Small 

15 Business Administration. 

16 (b) PLAN.—The task force shall develop within 90 

17 days after its first meeting, and revise as appropriate 

18 thereafter, a plan for carrying out the duty under sub19 section (a). 

20 (c) CONSULTATION.—In carrying out the duty under 

21 subsection (a), the task force shall consult with appro22 priate Federal, State, and local agencies and appropriate 

23 elements of the private sector, including academic institu24 tions and industry representatives. 

25 (d) COMPOSITION.— 


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1 (1) CO-CHAIRS.—The task force shall have two 

2 co-chairs, one an officer or employee of the Depart3 ment of Defense assigned by the Secretary, and one 

4 an officer or employee of the Small Business Admin5 istration assigned by the Administrator. The initial 

6 assignments shall be made within 60 days after the 

7 date of the enactment of this Act. 

8 (2) OTHER MEMBERS.—The Secretary, in co9 ordination with the Administrator, shall appoint the 

10 remaining task force members, numbering not less 

11 than 8 and not more than 15. The selections shall 

12 be made within 120 days after the date of the enact13 ment of this Act. The Secretary, in coordination 

14 with the Administrator, shall ensure that the task 

15 force includes individuals from both public service 

16 and the private sector, and that each of the fol17 lowing groups is represented on the task force: 

18 (A) Entrepreneurial service members who 

19 are owners of small businesses. 

20 (B) Small businesses that employ entrepre21 neurial service members as essential employees. 

22 (C) Associations that further the interests 

23 of small businesses, members of the reserve 

24 components of the Armed Forces, or both. 


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1 (D) Any other entities that the Secretary, 

2 in coordination with the Administrator, con3 siders appropriate. 

4 (3) COMPENSATION.—An individual serving as 

5 a member of the task force shall not receive com6 pensation by reason of that service. 

7 (e) MEETINGS.— 

8 (1) FREQUENCY.—The task force shall meet 

9 not less frequently than twice per year. The initial 

10 meeting shall be held within 150 days after the date 

11 of the enactment of this Act. 

12 (2) QUORUM.—A majority of the members of 

13 the task force shall constitute a quorum. 

14 (f) REPORTS.—The task force shall provide to the 

15 Secretary and the Administrator not only the minutes of 

16 each meeting, but also a report of its findings and rec17 ommendations, should there be any, within 90 days of 

18 each meeting. Not later than 60 days after the receipt of 

19 such a report— 

20 (1) the Secretary shall submit a copy of the re21 port to the Committee on Armed Services of the 

22 House of Representatives and the Committee on 

23 Armed Services of the Senate; and 

24 (2) the Administrator shall submit a copy of the 

25 report to the Committee on Small Business of the 


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1 House of Representatives and the Committee on 

2 Small Business and Entrepreneurship of the Senate. 

3 (g) DETAIL OF CERTAIN FEDERAL EMPLOYEES.— 

4 The Secretary may detail an officer or employee of the 

5 Department of Defense, and the Administrator may detail 

6 an officer or employee of the Small Business Administra7 tion, to the task force without additional reimbursement 

8 and without interruption or loss of civil status or privilege. 

9 (h) EXPENSES.—The Department of Defense and the 

10 Small Business Administration shall share equally in the 

11 cost of supporting the task force. 

12 (i) DEFINITION.—In this section, the term ‘‘entrepre13 neurial service member’’ means an individual who is 

14 both— 

15 (1) an actual or prospective owner of, or an es16 sential employee of, a small business; and 

17 (2) a member of a reserve component of the 

18 Armed Forces. 

19 (j) TERMINATION.—The task force shall terminate 

20 September 30, 2009. 

21 SEC. 593. COMPTROLLER GENERAL REPORT ON MILITARY 

22 CONSCIENTIOUS OBJECTORS. 

23 (a) REPORT REQUIRED.—Not later than 180 days 

24 after the date of the enactment of this Act, the Comp25 troller General shall submit to Congress a report conVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 cerning the frequency and consequences of members of the 

2 Armed Forces claiming status as a military conscientious 

3 objector between January 1, 1989, and December 31, 

4 2006. 

5 (b) CONTENT OF REPORT.—The report shall specifi6 cally address the following: 

7 (1) The number of all applications for status as 

8 a military conscientious objector, even if the applica9 tion was not acted on or other discharge given, bro10 ken down by military branch, including the Coast 

11 Guard, and regular and reserve components. 

12 (2) Number of discharges or reassignments 

13 given. 

14 (3) The process used to consider applications, 

15 including average time frame and any reassignment 

16 to non-combatant duties while claim pending. 

17 (4) Reasons for approval or disapproval of ap18 plications. 

19 (5) Any difference in benefits upon discharge as 

20 a military conscientious objector compared to other 

21 discharges. 

22 (6) The effect of stop loss provisions in First 

23 Gulf War and currently, cancellation of orders to 

24 combat or rear attachment duty while claim pend25 ing. 


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1 (7) Pre-war statistical comparisons. 

2 SEC. 594. COMMISSION ON THE NATIONAL GUARD AND RE3 SERVES. 

4 (a) SIX-MONTH EXTENSION OF COMMISSION.—Sub5 section (f)(2) of section 513 of the Ronald W. Reagan Na6 tional Defense Authorization Act for Fiscal Year 2005 

7 (Public Law 108–375; 118 Stat. 1882) is amended by 

8 striking ‘‘one year’’ and inserting ‘‘18 months’’. 

9 (b) ADDITIONAL MATTERS TO BE REVIEWED BY

10 COMMISSION.—The Commission on the National Guard 

11 and Reserves shall include among the matters it studies 

12 (in addition to the matters specified in subsection (c) of 

13 such section 513) the following: 

14 (1) PROVISIONS OF H.R. 5200, 109TH CON15 GRESS.—The advisability and feasibility of imple16 menting the provisions of H.R. 5200 of the 109th 

17 Congress, as introduced in the House of Representa18 tives on April 26, 2006. 

19 (2) CHIEF OF NATIONAL GUARD BUREAU.—As 

20 an alternative to implementation of the provisions of 

21 the bill specified in paragraph (1) that provide for 

22 the Chief of the National Guard Bureau to be a 

23 member of the Joint Chiefs of Staff and to hold the 

24 grade of general, the advisability and feasibility of 

25 providing for the Chief of the National Guard BuVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 reau to hold the grade of general in the performance 

2 of the current duties of that office. 

3 (3) NATIONAL GUARD EQUIPMENT AND FUND4 ING REQUIREMENTS.—The adequacy of the Depart5 ment of Defense processes for defining the equip6 ment and funding necessary for the National Guard 

7 to conduct both its responsibilities under title 10, 

8 United States Code, and its responsibilities under 

9 title 32, United States Code, including homeland de10 fense and related homeland missions, including as 

11 part of such study— 

12 (A) consideration of the extent to which 

13 those processes should be developed taking into 

14 consideration the views of the Chief of the Na15 tional Guard Bureau, as well as the views of the 

16 54 Adjutant Generals and the views of the 

17 Chiefs of the Army National Guard and the Air 

18 Guard; and 

19 (B) whether there should be an improved 

20 means by which National Guard equipment re21 quirements are validated by the Joint Chiefs of 

22 Staff and are considered for funding by the 

23 Secretaries of the Army and Air Force. 

24 (c) PRIORITY REVIEW AND REPORT.— 


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1 (1) PRIORITY REVIEW.—The Commission on 

2 the National Guard and Reserves shall carry out its 

3 study of the matters specified in paragraphs (1) and 

4 (2) of subsection (b) on a priority basis, with a high5 er priority for matters under those paragraphs relat6 ing to the grade and functions of the Chief of the 

7 National Guard Bureau. 

8 (2) REPORT.—In addition to the reports re9 quired under subsection (f) of section 513 of the 

10 Ronald W. Reagan National Defense Authorization 

11 Act for Fiscal Year 2005 (Public Law 108–375; 118 

12 Stat. 1882), the Commission shall submit to the 

13 Committee on Armed Services of the Senate and the 

14 Committee on Armed Services of the House of Rep15 resentatives an interim report, not later than March 

16 1, 2007, specifically on the matters covered by para17 graph (1). In such report, the Commission shall set 

18 forth its findings and any recommendations it con19 siders appropriate with respect to those matters. 

20 SEC. 595. INCLUSION IN ANNUAL DEPARTMENT OF DE21 FENSE REPORT ON SEXUAL ASSAULTS OF IN22 FORMATION ON RESULTS OF DISCIPLINARY 

23 ACTIONS. 

24 Section 577(f)(2)(B) of the Ronald W. Reagan Na25 tional Defense Authorization Act for Fiscal Year 2005 


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1 (Public Law 108–375; 118 Stat. 1927) is amended by in2 serting before the period at the end the following: ‘‘and 

3 the results of the disciplinary action’’. 

4 TITLE VI—COMPENSATION AND 

5 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. 

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. 

Sec. 624. Elimination of inequity in eligibility and provision of assignment incentive pay. 


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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. 

Sec. 644. Study on retention of members of the Armed Forces within special 

operations command. 

Sec. 645. Sense of Congress concerning eligibility of certain additional dependent children for annuities under military survivor benefit plan. 

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 for provision of 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. 

Sec. 664. Phased recovery of overpayments of pay made to members of the 

Uniformed Services. 

Sec. 665. Sense of Congress calling for payment to World War II veterans who 

survived Bataan Death March. 


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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 

4 adjustment to become effective during fiscal year 2007 re5 quired by section 1009 of title 37, United States Code, 

6 in the rates of monthly basic pay authorized members of 

7 the 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 

10 the 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: 

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 


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COMMISSIONED OFFICERS1—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 

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 

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 


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WARRANT OFFICERS1—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 

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 

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 


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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 

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 Exec7 utive Schedule’’ and inserting ‘‘level II of the Executive 

8 Schedule’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 this section shall take effect on October 1, 2006. 

11 SEC. 604. AVAILABILITY OF SECOND BASIC ALLOWANCE 

12 FOR HOUSING FOR CERTAIN RESERVE COM13 PONENT OR RETIRED MEMBERS SERVING IN 

14 SUPPORT OF CONTINGENCY OPERATIONS. 

15 Section 403(g) of title 37, United States Code, is 

16 amended— 

17 (1) by redesignating paragraphs (2), (3), and 

18 (4) as paragraphs (3), (4), and (5), respectively; 


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1 (2) by inserting after paragraph (1) the fol2 lowing new paragraph (2): 

3 ‘‘(2) The Secretary concerned may provide a basic al4 lowance for housing to a member described in paragraph 

5 (1) at a monthly rate equal to the rate of the basic allow6 ance for housing established under subsection (b) or the 

7 overseas basic allowance for housing established under 

8 subsection (c), whichever applies to the location at which 

9 the member is serving, for members in the same grade 

10 at that location without dependents. The member may re11 ceive both a basic allowance for housing under paragraph 

12 (1) and under this paragraph for the same month, but 

13 may not receive the portion of the allowance authorized 

14 under section 404 of this title, if any, for lodging expenses 

15 if a basic allowance for housing is provided under this 

16 paragraph.’’; and 

17 (3) in paragraph (3), as so redesignated, by 

18 striking ‘‘Paragraph (1)’’ and inserting ‘‘Paragraphs 

19 (1) and (2)’’. 

20 SEC. 605. EXTENSION OF TEMPORARY CONTINUATION OF 

21 HOUSING ALLOWANCE FOR DEPENDENTS OF 

22 MEMBERS DYING ON ACTIVE DUTY TO 

23 SPOUSES WHO ARE ALSO MEMBERS. 

24 (a) EXTENSION.—Section 403(l) of title 37, United 

25 States Code, is amended— 


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1 (1) by redesignating paragraph (3) as para2 graph (4); and 

3 (2) by inserting after paragraph (2) the fol4 lowing new paragraph: 

5 ‘‘(3) An allowance may be paid under paragraph (2) 

6 to the spouse of the deceased member even though the 

7 spouse is also a member of the uniformed services. The 

8 allowance paid under such paragraph is in addition to any 

9 other pay and allowances to which the spouse is entitled 

10 as a member.’’. 

11 (b) EFFECTIVE DATE.— 

12 (1) GENERAL RULE.—The amendments made 

13 by subsection (a) shall take effect on October 1, 

14 2006. 

15 (2) TRANSITIONAL RULE.—After October 1, 

16 2006, the Secretary of Defense, and the Secretary of 

17 Homeland Security in the case of the Coast Guard, 

18 may pay the allowance authorized by section 

19 403(l)(2) of title 37, United States Code, to a mem20 ber of the uniformed services who is the spouse of 

21 a member who died on active duty during the one22 year period ending on that date, except that the pay23 ment of the allowance must terminate within 365 

24 days after the date of the member’s death. 


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1 SEC. 606. CLARIFICATION OF EFFECTIVE DATE OF PROHI2 BITION ON COMPENSATION FOR COR3 RESPONDENCE COURSES. 

4 Section 206(d) of title 37, United States Code, is 

5 amended by adding at the end the following new para6 graph: 

7 ‘‘(3) The prohibition in paragraph (1), including the 

8 prohibition as it relates to a member of the National 

9 Guard while not in Federal service, applies to— 

10 ‘‘(A) any work or study performed on or after 

11 September 7, 1962, unless that work or study is spe12 cifically covered by the exception in paragraph (2); 

13 and 

14 ‘‘(B) any claim based on that work or study 

15 arising after that date.’’. 

16 SEC. 607. PAYMENT OF FULL PREMIUM FOR COVERAGE 

17 UNDER SERVICEMEMBERS’ GROUP LIFE IN18 SURANCE PROGRAM DURING SERVICE IN OP19 ERATION ENDURING FREEDOM OR OPER20 ATION IRAQI FREEDOM. 

21 (a) ENHANCED ALLOWANCE TO COVER SGLI DE22 DUCTIONS.—Subsection (a)(1) of section 437 of title 37, 

23 United States Code, is amended by striking ‘‘for the first 

24 $150,000’’ and all that follows through ‘‘of such title’’ and 

25 inserting ‘‘for the amount of Servicemembers’ Group Life 


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1 Insurance coverage held by the member under section 

2 1967 of such title’’. 

3 (b) CONFORMING AMENDMENTS.—Such section is 

4 further amended— 

5 (1) in subsection (a)— 

6 (A) by striking ‘‘(1)’’ before ‘‘in the case 

7 of’’; and 

8 (B) by striking paragraph (2); 

9 (2) by striking subsection (b); and 

10 (3) by redesignating subsection (c) as sub11 section (b) and in paragraph (2) of that subsection 

12 by striking ‘‘coverage amount specified in subsection 

13 (a)(1) or in effect pursuant to subsection (b),’’ and 

14 inserting ‘‘maximum coverage amount available for 

15 such insurance,’’. 

16 (c) CLERICAL AMENDMENTS.—The heading for such 

17 section, and the item relating to such section in the table 

18 of sections at the beginning of chapter 7 of such title, are 

19 each amended by striking the fourth and fifth words. 

20 (d) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect on the first day of the first 

22 month beginning on or after the date of the enactment 

23 of this Act and shall apply with respect to service by mem24 bers of the Armed Forces in the theater of operations for 


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1 Operation Enduring Freedom or Operation Iraqi Freedom 

2 for months beginning on or after that date. 

3 (e) FUNDING SOURCE.—Of the amounts authorized 

4 to be appropriated to the Department of Defense for mili5 tary personnel accounts as emergency supplemental appro6 priations for fiscal years 2006 and 2007 to provide funds 

7 for additional costs due to Operation Iraqi Freedom and 

8 Operation Enduring Freedom, $31,000,000 shall be avail9 able to cover the additional costs incurred to implement 

10 the amendments made by this section. 

11 Subtitle B—Bonuses and Special 

12 and Incentive Pays 

13 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 

14 PAY AUTHORITIES FOR RESERVE FORCES. 

15 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

16 Section 308b(g) of title 37, United States Code, is amend17 ed by striking ‘‘December 31, 2006’’ and inserting ‘‘De18 cember 31, 2007’’. 

19 (b) SELECTED RESERVE AFFILIATION OR ENLIST20 MENT BONUS.—Section 308c(i) of such title is amended 

21 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem22 ber 31, 2007’’. 

23 (c) SPECIAL PAY FOR ENLISTED MEMBERS AS24 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 


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1 308d(c) of such title is amended by striking ‘‘December 

2 31, 2006’’ and 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’’ 

6 and 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 ‘‘Decem10 ber 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 

20 Code, is amended by striking ‘‘December 31, 2006’’ and 

21 inserting ‘‘December 31, 2007’’. 

22 (b) REPAYMENT OF EDUCATION LOANS FOR CER23 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE24 LECTED RESERVE.—Section 16302(d) of such title is 


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1 amended by striking ‘‘January 1, 2007’’ and inserting 

2 ‘‘January 1, 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 

9 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem10 ber 31, 2007’’. 

11 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

12 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE13 CIALTIES.—Section 302g(e) of such title is amended by 

14 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

15 31, 2007’’. 

16 (f) ACCESSION BONUS FOR DENTAL OFFICERS.— 

17 Section 302h(a)(1) of such title is amended by striking 

18 ‘‘December 31, 2006’’ and inserting ‘‘December 31, 

19 2007’’. 

20 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

21 Section 302j(a) of such title is amended by striking ‘‘De22 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’. 


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1 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU2 THORITIES FOR NUCLEAR OFFICERS. 

3 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI4 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

5 312(e) of title 37, United States Code, is amended by 

6 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

7 31, 2007’’. 

8 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

9 312b(c) of such title is amended by striking ‘‘December 

10 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

11 (c) NUCLEAR CAREER ANNUAL INCENTIVE

12 BONUS.—Section 312c(d) of such title is amended by 

13 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

14 31, 2007’’. 

15 SEC. 614. EXTENSION OF OTHER BONUS, SPECIAL PAY, AND 

16 SEPARATION PAY AUTHORITIES. 

17 (a) AVIATION OFFICER RETENTION BONUS.—Sec18 tion 301b(a) of title 37, United States Code, is amended 

19 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem20 ber 31, 2007’’. 

21 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) 

22 of such title is amended by striking ‘‘December 31, 2007’’ 

23 and inserting ‘‘December 31, 2008’’. 

24 (c) REENLISTMENT BONUS FOR ACTIVE MEM25 BERS.—Section 308(g) of such title is amended by strikVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 ing ‘‘December 31, 2006’’ and inserting ‘‘December 31, 

2 2007’’. 

3 (d) ENLISTMENT BONUS FOR ACTIVE MEMBERS.— 

4 Section 309(e) of such title is amended by striking ‘‘De5 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

6 (e) RETENTION BONUS FOR MEMBERS WITH CRIT7 ICAL MILITARY SKILLS.—Section 323(i) of such title is 

8 amended by striking ‘‘December 31, 2006’’ and inserting 

9 ‘‘December 31, 2007’’. 

10 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT11 ICAL SKILLS.—Section 324(g) of such title is amended by 

12 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

13 31, 2007’’. 

14 (g) MILITARY OCCUPATIONAL SPECIALTY CONVER15 SION INCENTIVE BONUS.—Section 326(g) of such title is 

16 amended by striking ‘‘December 31, 2006’’ and inserting 

17 ‘‘December 31, 2007’’. 

18 (h) TRANSFER BETWEEN ARMED FORCES INCEN19 TIVE BONUS.—Section 327(h) of such title is amended by 

20 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

21 31, 2007’’. 

22 SEC. 615. EXPANSION OF ELIGIBILITY OF DENTAL OFFI23 CERS FOR ADDITIONAL SPECIAL PAY. 

24 (a) REPEAL OF INTERNSHIP AND RESIDENCY EX25 CEPTION.—Section 302b(a)(4) of title 37, United States 


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1 Code, is amended by striking the first sentence and insert2 ing the following new sentence: ‘‘An officer who is entitled 

3 to variable special pay under paragraph (2) or (3) is also 

4 entitled to additional special pay for any 12-month period 

5 during which an agreement executed under subsection (b) 

6 is in effect with respect to the officer.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 this section shall take effect on October 1, 2006. 

9 SEC. 616. INCREASE IN MAXIMUM ANNUAL RATE OF SPE10 CIAL PAY FOR SELECTED RESERVE HEALTH 

11 CARE PROFESSIONALS IN CRITICALLY SHORT 

12 WARTIME SPECIALTIES. 

13 (a) INCREASE.—Section 302g(a) of title 37, United 

14 States Code, is amended by striking ‘‘$10,000’’ and in15 serting ‘‘$25,000’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall take effect on October 1, 2006. 

18 SEC. 617. AUTHORITY TO PROVIDE LUMP SUM PAYMENT OF 

19 NUCLEAR OFFICER INCENTIVE PAY. 

20 (a) LUMP SUM PAYMENT OPTION.—Subsection (a) 

21 of section 312 of title 37, United States Code, is amended 

22 in the matter after paragraph (3)— 

23 (1) by striking ‘‘in equal annual installments’’ 

24 and inserting ‘‘in a single lump-sum or in annual in25 stallments of equal or different amounts’’; and 


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1 (2) by striking ‘‘with the number of install2 ments being equal to the number of years covered by 

3 the contract plus one’’ and inserting ‘‘and, if the 

4 special pay will be paid in annual installments, the 

5 number of installments may not exceed the number 

6 of years covered by the agreement plus one’’. 

7 (b) CLERICAL AND CONFORMING AMENDMENTS.— 

8 Such section is further amended— 

9 (1) by redesignating subsections (b) through (e) 

10 as subsections (c) through (f), respectively; 

11 (2) in subsection (a)— 

12 (A) by striking ‘‘an officer’’ in the matter 

13 before paragraph (1) and inserting ‘‘the Sec14 retary may pay special pay under subsection (b) 

15 to an officer’’; 

16 (B) by striking the semicolon at the end of 

17 paragraph (3) and inserting a period; 

18 (C) by striking ‘‘may, upon’’ and all that 

19 follows through ‘‘The Secretary of the Navy 

20 shall’’ and inserting the following: 

21 ‘‘(b) PAYMENT AMOUNT; PAYMENT OPTIONS.—(1) 

22 The total amount paid to an officer under an agreement 

23 under subsection (a) or (e)(1) may not exceed $30,000 

24 for each year of the active-service agreement. Amounts 


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1 paid under the agreement are in addition to all other com2 pensation to which the officer is entitled. 

3 ‘‘(2) The Secretary shall’’; 

4 (D) by striking ‘‘Upon acceptance of the 

5 agreement by the Secretary or his designee’’ 

6 and inserting the following: 

7 ‘‘(3) Upon acceptance of an agreement under sub8 section (a) or (e)(1) by the Secretary ’’; 

9 (E) by striking ‘‘The Secretary (or his des10 ignee)’’ and inserting the following: 

11 ‘‘(4) The Secretary’’; 

12 (3) in subsection (c), as redesignated by para13 graph (1), by striking ‘‘subsection (a) or subsection 

14 (d)(1)’’ and inserting ‘‘subsection (b) or (e)(1)’’; and 

15 (4) in the first sentence of subsection (e)(1), as 

16 redesignated by paragraph (1)— 

17 (A) by striking ‘‘such subsection’’ and in18 serting ‘‘subsection (b)’’; and 

19 (B) by striking ‘‘that subsection’’ and in20 serting ‘‘this subsection’’. 

21 (c) STYLISTIC AMENDMENTS.—Such section is fur22 ther amended— 

23 (1) in subsection (a), by inserting ‘‘SPECIAL

24 PAY AUTHORIZED; ELIGIBILITY.—’’ after ‘‘(a)’’; 


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1 (2) in subsection (c), as redesignated by sub2 section (b)(1), by inserting ‘‘REPAYMENT.—’’ after 

3 ‘‘(c)’’; 

4 (3) in subsection (d), as redesignated by sub5 section (b)(1), by inserting ‘‘RELATION TO SERVICE

6 OBLIGATION.—’’ after ‘‘(d)’’; 

7 (4) in subsection (e), as redesignated by sub8 section (b)(1), by inserting ‘‘NEW AGREEMENT.—’’ 

9 after ‘‘(e)’’; and 

10 (5) in subsection (f), as redesignated by sub11 section (b)(1), by inserting ‘‘DURATION OF AUTHOR12 ITY.—’’ after ‘‘(f)’’. 

13 SEC. 618. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR 

14 CAREER ACCESSION BONUS. 

15 (a) INCREASE.—Section 312b(a)(1) of title 37, 

16 United States Code, is amended by striking ‘‘$20,000’’ 

17 and inserting ‘‘$30,000’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 this section shall take effect on October 1, 2006. 

20 SEC. 619. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE 

21 BONUS FOR TRANSFER BETWEEN ARMED 

22 FORCES. 

23 (a) INCREASE.—Section 327(d)(1) of title 37, United 

24 States Code, is amended by striking ‘‘$2,500’’ and insert25 ing ‘‘$10,000’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall take effect on October 1, 2006. 

3 SEC. 620. CLARIFICATION REGARDING MEMBERS OF THE 

4 ARMY ELIGIBLE FOR BONUS FOR REFERRING 

5 OTHER PERSONS FOR ENLISTMENT IN THE 

6 ARMY. 

7 Section 645(a) of the National Defense Authorization 

8 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

9 3310) is amended— 

10 (1) by striking ‘‘The Secretary’’ and inserting 

11 the following: 

12 ‘‘(1) IN GENERAL.—The Secretary’’; 

13 (2) by striking ‘‘, whether in the regular compo14 nent of the Army or in the Army National Guard or 

15 Army Reserve,’’ and inserting ‘‘described in para16 graph (2)’’; and 

17 (3) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) MEMBERS ELIGIBLE FOR BONUS.—Subject 

20 to subsection (c), the following members of the Army 

21 are eligible for a referral bonus under this section: 

22 ‘‘(A) A member in the regular component 

23 of the Army. 

24 ‘‘(B) A member of the Army National 

25 Guard. 


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1 ‘‘(C) A member of the Army Reserve. 

2 ‘‘(D) A member of the Army in a retired 

3 status, including a member under 60 years of 

4 age who, but for age, would be eligible for re5 tired pay.’’. 

6 SEC. 621. PILOT PROGRAM FOR RECRUITMENT BONUS FOR 

7 CRITICAL HEALTH CARE SPECIALTIES. 

8 (a) PILOT PROGRAM.—Section 2121 of title 10, 

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

10 following new subsection: 

11 ‘‘(e)(1) The Secretary of Defense may carry out a 

12 pilot program for payment of a recruitment incentive 

13 bonus to increase participation in the program. The Sec14 retary shall prescribe regulations specifying the amount 

15 and terms of the bonus. The bonus shall be used to im16 prove recruitment for critical health care specialties. A 

17 bonus under the pilot program shall be in addition to the 

18 stipend under subsection (d). 

19 ‘‘(2) The amount prescribed under paragraph (1) for 

20 the bonus under the pilot program shall be determined by 

21 the Secretary. 

22 ‘‘(3) The scope of the pilot program shall be limited 

23 to no more than 100 total participants in no more than 

24 five critical medical specialties. The program shall last no 


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1 more than two years, beginning on the earlier of the date 

2 the first participant is selected or January 1, 2010. ’’. 

3 (b) REPORTS.—The Secretary of Defense shall pre4 pare a mid-term report and a final report on the findings 

5 and recommendations resulting from the pilot program. 

6 The Secretary shall submit those reports to the Commit7 tees on Armed Services of the Senate and the House of 

8 Representatives. 

9 SEC. 622. ENHANCEMENT OF TEMPORARY PROGRAM OF 

10 VOLUNTARY SEPARATION PAY AND BENE11 FITS. 

12 (a) ONE-YEAR EXTENSION OF AUTHORITY.—Section 

13 1175a(k)(1) of title 10, United States Code, is amended 

14 by striking ‘‘December 31, 2008,’’ and inserting ‘‘Decem15 ber 31, 2009’’. 

16 (b) EXPANSION OF ELIGIBLE MEMBERS.—Section 

17 643 of the National Defense Authorization Act for Fiscal 

18 Year 2006 (Public Law 109–163; 119 Stat. 3306) is 

19 amended by striking subsection (b). 


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1 SEC. 623. ADDITIONAL AUTHORITIES AND INCENTIVES TO 

2 ENCOURAGE RETIRED MEMBERS AND RE3 SERVE COMPONENT MEMBERS TO VOLUN4 TEER TO SERVE ON ACTIVE DUTY IN HIGH5 DEMAND, LOW-DENSITY ASSIGNMENTS. 

6 (a) AUTHORITY TO OFFER INCENTIVE BONUS.— 

7 Chapter 5 of title 37, United States Code, is amended by 

8 adding at the end the following new section: 

9 ‘‘§ 329. Incentive bonus: retired members and reserve 

10 component members volunteering for 

11 high-demand, low-density assignments 

12 ‘‘(a) INCENTIVE BONUS AUTHORIZED.—The Sec13 retary of Defense may pay a bonus under this section to 

14 a retired member or former member of the Army, Navy, 

15 Air Force, or Marine Corps or to a member of a reserve 

16 component of the Army, Navy, Air Force, or Marine Corps 

17 (who is not otherwise serving on active duty) who executes 

18 a written agreement to serve on active duty for a period 

19 specified in the agreement in an assignment intended to 

20 alleviate a high-demand, low-density military capability or 

21 in any other specialty designated by the Secretary as crit22 ical to meet wartime or peacetime requirements. 

23 ‘‘(b) MAXIMUM AMOUNT OF BONUS.—A bonus under 

24 subsection (a) and any incentive developed under sub25 section (d) may not exceed $50,000. 


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1 ‘‘(c) METHODS OF PAYMENT.—At the election of the 

2 Secretary, a bonus under subsection (a) and any incentive 

3 developed under subsection (d) shall be paid or provided— 

4 ‘‘(1) when the member commences service on 

5 active duty; or 

6 ‘‘(2) in annual installments in such amounts as 

7 may be determined by the Secretary. 

8 ‘‘(d) DEVELOPMENT OF ADDITIONAL INCENTIVES.— 

9 (1) The Secretary may develop and provide to members 

10 referred to in subsection (a) additional incentives to en11 courage such members to return to active duty in assign12 ments intended to alleviate a high-demand, low-density 

13 military capability or in others specialties designated by 

14 the Secretary as critical to meet wartime or peacetime re15 quirements. 

16 ‘‘(2) The provision of any incentive developed under 

17 this subsection shall be subject to an agreement, as re18 quired for bonuses under subsection (a). 

19 ‘‘(3) Not later than 30 days before first offering any 

20 incentive developed under this subsection, the Secretary 

21 shall submit to the congressional defense committees a re22 port that contains a description of that incentive and an 

23 explanation why a bonus under subsection (a) or other pay 

24 and allowances are not sufficient to alleviate the high-deVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 mand, low-density military capability or otherwise fill crit2 ical military specialties. 

3 ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOW4 ANCES.—A bonus or other incentive paid or provided to 

5 a member under this section is in addition to any other 

6 pay and allowances to which the member is entitled. 

7 ‘‘(f) REPAYMENT.—A member who does not complete 

8 the period of active duty specified in the agreement exe9 cuted under subsection (a) or (d) shall be subject to the 

10 repayment provisions of section 303a(e) of this title. 

11 ‘‘(g) HIGH-DEMAND, LOW-DENSITY ASSIGNMENT

12 DEFINED.—In this section, the term ‘high-demand, low13 density military capability’ means a combat, combat sup14 port or service support capability, unit, system, or occupa15 tional specialty that the Secretary determines has funding, 

16 equipment, or personnel levels that are substantially below 

17 the levels required to fully meet or sustain actual or ex18 pected operational requirements set by regional com19 manders. 

20 ‘‘(h) REGULATIONS.—The Secretary of Defense may 

21 prescribe such regulations as the Secretary considers nec22 essary to carry out this section. 

23 ‘‘(i) TERMINATION OF AUTHORITY.—No agreement 

24 under subsection (a) or (d) may be entered into after De25 cember 31, 2010.’’. 


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1 (b) TEMPORARY AUTHORITY TO ORDER RETIRED

2 MEMBERS TO ACTIVE DUTY IN HIGH-DEMAND, LOW3 DENSITY ASSIGNMENTS.—Section 688a of title 10, 

4 United States Code, is amended— 

5 (1) in subsection (a)— 

6 (A) by striking the first sentence and in7 serting the following new sentence: ‘‘The Sec8 retary of a military department may order to 

9 active duty a retired member who agrees to 

10 serve on active duty in an assignment intended 

11 to alleviate a high-demand, low-density military 

12 capability or in any other specialty designated 

13 by the Secretary as critical to meet wartime or 

14 peacetime requirements.’’; and 

15 (B) in the second sentence, by striking ‘‘of16 ficer’’ both places it appears and inserting 

17 ‘‘member’’; 

18 (2) in subsection (b), by striking ‘‘an officer’’ 

19 and inserting ‘‘a member’’; 

20 (3) in subsection (c), by striking ‘‘500 officers’’ 

21 and inserting ‘‘1,000 members’’; 

22 (4) in subsection (d), by striking ‘‘officer’’ and 

23 inserting ‘‘member’’; 

24 (5) in subsection (e), by striking ‘‘Officers’’ and 

25 inserting ‘‘Retired members’’; 


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1 (6) in subsection (f)— 

2 (A) by striking ‘‘An officer’’ and inserting 

3 ‘‘A retired member’’; and 

4 (B) by striking ‘‘September 30, 2008’’ and 

5 inserting ‘‘December 31, 2010’’; and 

6 (7) by adding at the end the following new sub7 section: 

8 ‘‘(g) HIGH-DEMAND, LOW-DENSITY ASSIGNMENT

9 DEFINED.—In this section, the term ‘high-demand, low10 density military capability’ means a combat, combat sup11 port or service support capability, unit, system, or occupa12 tional specialty that the Secretary of Defense determines 

13 has funding, equipment, or personnel levels that are sub14 stantially below the levels required to fully meet or sustain 

15 actual or expected operational requirements set by re16 gional commanders.’’. 

17 (c) CLERICAL AMENDMENTS.— 

18 (1) TITLE 37.—The table of sections at the be19 ginning of chapter 5 of title 37, United States Code, 

20 is amended by adding at the end the following new 

21 item: 

‘‘329. Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments.’’. 

22 (2) TITLE 10.—(A) The heading of section 

23 688a of title 10, United States Code, is amended to 

24 read as follows: 


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1 ‘‘§ 688a. Retired members: temporary authority to 

2 order to active duty in high-demand, low3 density assignments’’. 

4 (B) The table of sections at the beginning of 

5 chapter 39 of such title is amended by striking the 

6 item relating to section 688a and inserting the fol7 lowing new item: 

‘‘688a. Retired members: temporary authority to order to active duty in highdemand, low-density assignments.’’. 

8 (d) EFFECTIVE DATE.—No agreement may be en9 tered into under section 329 of title 37, United States 

10 Code, as added by subsection (a), before October 1, 2006. 

11 (e) LIMITATION ON FISCAL YEAR 2007 OBLIGA12 TIONS.—During fiscal year 2007, obligations incurred 

13 under section 329 of title 37, United States Code, as 

14 added by subsection (a), to provide bonuses or other incen15 tives to retired members and former members of the 

16 Army, Navy, Air Force, or Marine Corps or to members 

17 of the reserve components of the Army, Navy, Air Force, 

18 and Marine Corps may not exceed $5,000,000. 

19 SEC. 624. ELIMINATION OF INEQUITY IN ELIGIBILITY AND 

20 PROVISION OF ASSIGNMENT INCENTIVE PAY. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that the Secretary of the Army should promptly cor23 rect the pay inequity in the provision of assignment incen24 tive pay under section 307a of title 37, United States 


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1 Code, to members of the Army National Guard and the 

2 Army Reserve serving on active duty in Afghanistan and 

3 Iraq that arose from the disparite treatment between— 

4 (1) those members who previously served under 

5 a call or order to active duty under section 12302 

6 of title 10, United States Code, and who are eligible 

7 for assignment incentive pay; and 

8 (2) those members who previously served under 

9 a call or order to active duty under section 12304 

10 of such title and who are currently ineligible for as11 signment incentive pay. 

12 (b) REPORT REQUIRED.—Not later than 30 days 

13 after the date of the enactment of this Act, the Secretary 

14 of the Army shall submit to Congress a report— 

15 (1) specifying the number of members of the 

16 Army National Guard and the Army Reserve ad17 versely affected by the disparate treatment afforded 

18 to members who previously served under a call or 

19 order to active duty under section 12304 of title 10, 

20 United States Code, in determining eligibility for as21 signment incentive pay; and 

22 (2) containing proposed remedies or courses of 

23 action to correct this inequity, including allowing 

24 time served during a call or order to active duty 


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1 under such section 12304 to count toward the time 

2 needed to qualify for assignment incentive pay. 

3 Subtitle C—Travel and 

4 Transportation Allowances 

5 SEC. 631. AUTHORITY TO PAY COSTS ASSOCIATED WITH DE6 LIVERY OF MOTOR VEHICLE TO STORAGE LO7 CATION SELECTED BY MEMBER AND SUBSE8 QUENT REMOVAL OF VEHICLE. 

9 Subsection (b) of section 2634 of title 10, United 

10 States Code, is amended— 

11 (1) by redesignating paragraph (4) as para12 graph (5); and 

13 (2) by inserting after paragraph (3) the fol14 lowing new paragraph: 

15 ‘‘(4) If a member elects to have a motor vehicle de16 scribed in subsection (a) stored at a location other than 

17 a storage location approved by the Secretary concerned, 

18 the delivery and removal costs described in paragraph (3) 

19 are the only costs that may be paid by the Secretary. The 

20 delivery or removal costs paid by the Secretary under this 

21 paragraph may not exceed the total cost that would have 

22 been incurred by the United States had the storage loca23 tion approved by the Secretary been used to store the 

24 motor vehicle. The United States is not responsible for any 


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1 costs associated with the actual storage of the motor vehi2 cle at the unapproved location.’’. 

3 SEC. 632. TRANSPORTATION OF ADDITIONAL MOTOR VEHI4 CLE OF MEMBERS ON CHANGE OF PERMA5 NENT STATION TO OR FROM NONFOREIGN 

6 AREAS OUTSIDE THE CONTINENTAL UNITED 

7 STATES. 

8 (a) AUTHORITY TO TRANSPORT ADDITIONAL MOTOR

9 VEHICLE.—Subsection (a) of section 2634 of title 10, 

10 United States Code, is amended— 

11 (1) by striking the sentence following paragraph 

12 (4); 

13 (2) by redesignating paragraphs (1), (2), (3), 

14 and (4) as subparagraphs (A), (B), (C), and (D), re15 spectively; 

16 (3) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

17 (4) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2) One additional motor vehicle of a member (or 

20 a dependent of the member) may be transported as pro21 vided in paragraph (1) if— 

22 ‘‘(A) the member is ordered to make a change 

23 of permanent station to or from a nonforeign area 

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1 ber has at least one dependent of driving age who 

2 will use the motor vehicle; or 

3 ‘‘(B) the Secretary concerned determines that a 

4 replacement for the motor vehicle transported under 

5 paragraph (1) is necessary for reasons beyond the 

6 control of the member and is in the interest of the 

7 United States and the Secretary approves the trans8 portation in advance.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 Such subsection is further amended— 

11 (1) by striking ‘‘his dependents’’ and inserting 

12 ‘‘a dependent of the member’’; 

13 (2) by striking ‘‘him’’ and inserting ‘‘the mem14 ber’’; 

15 (3) by striking ‘‘his)’’ and inserting ‘‘the mem16 ber)’’; 

17 (4) by striking ‘‘his new’’ and inserting ‘‘the 

18 member’s new’’; and 

19 (5) in paragraph (1)(C), as redesignated by 

20 subsection (a), by striking ‘‘clauses (1) and (2)’’ and 

21 inserting ‘‘subparagraphs (A) and (B)’’. 

22 (c) EFFECTIVE DATE.—Paragraph (2)(A) of sub23 section (a) of section 2634 of title 10, United States Code, 

24 as added by subsection (a)(4), shall apply with respect to 

25 orders issued on or after the date of the enactment of this 


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1 Act for members of the Armed Forces to make a change 

2 of permanent station to or from nonforeign areas outside 

3 the continental United States. 

4 SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES 

5 FOR TRANSPORTATION OF FAMILY MEMBERS 

6 INCIDENT TO ILLNESS OR INJURY OF MEM7 BERS. 

8 Section 411h(b)(1) of title 37, United States Code, 

9 is amended— 

10 (1) by striking ‘‘and’’ at the end of subpara11 graph (C); 

12 (2) by striking the period at the end of sub13 paragraph (D) and inserting ‘‘; and’’; and 

14 (3) by adding at the end the following new sub15 paragraph: 

16 ‘‘(E) a person related to the member as de17 scribed in subparagraph (A), (B), (C), or (D) who 

18 is also a member of the uniformed services.’’. 


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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.— 

7 Section 1448(b)(1) of title 10, United States Code, is 

8 amended— 

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

15 UPON 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 

21 natural person with an insurable interest 

22 in the participant. Such an election may be 

23 made only during the 180-day period be24 ginning on the date of the death of the 

25 previous beneficiary. 


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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 

8 Secretary. 

9 ‘‘(iii) VITIATION OF ELECTION BY

10 PARTICIPANT WHO DIES WITHIN TWO

11 YEARS OF ELECTION.—If a person pro12 viding an annuity under a election under 

13 clause (i) dies before the end of the two14 year period beginning on the effective date 

15 of the election— 

16 ‘‘(I) the election is vitiated; and 

17 ‘‘(II) the amount by which the 

18 person’s retired pay was reduced 

19 under section 1452 of this title that is 

20 attributable to the election shall be 

21 paid in a lump sum to the person who 

22 would have been the deceased person’s 

23 beneficiary under the vitiated election 

24 if the deceased person had died after 

25 the end of such two-year period.’’. 


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1 (b) CHANGE IN PREMIUM FOR COVERAGE OF NEW

2 BENEFICIARY.—Section 1452(c) of such title is amended 

3 by adding at the end the following new paragraph: 

4 ‘‘(5) RULE FOR DESIGNATION OF NEW INSUR5 ABLE INTEREST BENEFICIARY FOLLOWING DEATH

6 OF ORIGINAL BENEFICIARY.—The Secretary of De7 fense shall prescribe in regulations premiums which 

8 a participant making an election under section 

9 1448(b)(1)(G) of this title shall be required to pay 

10 for participating in the Plan pursuant to that elec11 tion. The total amount of the premiums to be paid 

12 by a participant under the regulations shall be equal 

13 to the 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 

17 election if the original beneficiary (i) had not 

18 died and had been covered under the Plan 

19 through the date of the election, and (ii) had 

20 been the same number of years younger than 

21 the participant (if any) as the new beneficiary 

22 designated under the 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 


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1 the retired pay would have been so reduced at 

2 such rate or rates and according to such meth3 odology as the Secretary of Defense determines 

4 reasonable. 

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 

10 election.’’. 

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 

15 paragraph (2)) and whose designated beneficiary 

16 under that election dies before the date of the enact17 ment of this Act or during the 18-month period be18 ginning on such date, the time period applicable for 

19 purposes of the limitation in the third sentence of 

20 subparagraph (G)(i) of section 1448(b)(1) of title 

21 10, United States Code, as added by subsection (a), 

22 shall be the two-year period beginning on the date 

23 of the enactment of this Act (rather than the 180- 

24 day period specified in that sentence). 


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1 (2) COVERED INSURABLE-INTEREST ELEC2 TIONS.—For purposes of paragraph (1), a covered 

3 insurable-interest election is an election under sec4 tion 1448(b)(1) of title 10, United States Code, 

5 made before the date of the enactment of this Act, 

6 or during the 18-month period beginning on such 

7 date, by a participant in the Survivor Benefit Plan 

8 to provide an annuity under that plan to a natural 

9 person with an insurable interest in that person. 

10 (3) SURVIVOR BENEFIT PLAN.—For purposes 

11 of this subsection, the term ‘‘Survivor Benefit Plan’’ 

12 means the program under subchapter II of chapter 

13 73 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) SPECIFICATION OF ADDITIONAL MEMBERS COV18 ERED.—Section 1478(d)(2) of title 10, United States 

19 Code, is amended by striking ‘‘May 11, 2005’’ and insert20 ing ‘‘August 31, 2005’’. 

21 (b) FUNDING.—Amounts for payments under section 

22 1478(d) of title 10, United States Code, as amended by 

23 subsection (a), with respect to deaths during the period 

24 beginning on May 12, 2005, and ending on August 31, 

25 2005, may be derived from appropriations available to for 


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1 the Department of Defense for fiscal year 2006 or fiscal 

2 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 

11 of a disability incurred after the date of the enactment 

12 of this sentence for which the member is awarded the Pur13 ple Heart, the member shall be credited, for the purposes 

14 of this chapter, with the number of years of service that 

15 would be counted if computing the member’s years of serv16 ice under section 12732 of this title.’’. 

17 SEC. 644. STUDY ON RETENTION OF MEMBERS OF THE 

18 ARMED FORCES WITHIN SPECIAL OPER19 ATIONS COMMAND. 

20 Not later than 90 days after the date of the enact21 ment of this Act, the Secretary of Defense shall submit 

22 to the Committee on Armed Services of the Senate and 

23 the Committee on Armed Services of the House of Rep24 resentatives a report on means to improve retention of 

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1 ations forces designation. The report shall include the fol2 lowing: 

3 (1) The effect on retention of such members if 

4 special pays were included in the computation of re5 tired pay for those members with a minimum of 48 

6 months of Hostile Fire Pay (consecutive or non7 consecutive) at the time of retirement. 

8 (2) Information on the cost of training of mem9 bers of the Armed Forces who have a special oper10 ations forces designation, with such information dis11 played separately for each such designation and 

12 shown as aggregate costs of training for such mem13 bers at the 4-year, 8-year, 12-year, 16-year, and 20- 

14 year points of service. 

15 (3) A statement, in the case of members of the 

16 Armed Forces with a special operations forces des17 ignation who have been deployed at least twice, of 

18 the average amount spent on special operations 

19 unique training, both predeployment and during de20 ployment. 

21 (4) For each component of the United States 

22 Special Operations Command, an estimate of when 

23 the assigned strength of that component will be not 

24 less than 90 percent of the authorized strength of 

25 that component, taking into account anticipated 


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1 growth that is mentioned in the most recent Quad2 rennial Defense Review. 

3 (5) The average amount of time a member of 

4 the Armed Forces with a special operations forces 

5 designation is deployed to areas that warrant Hostile 

6 Fire Pay. 

7 (6) The percentage of members of the Armed 

8 Forces with a special operations forces designation 

9 who have accumulated over 48 months of Hostile 

10 Fire Pay and the percentage who have accumulated 

11 over 60 months of such pay. 

12 SEC. 645. SENSE OF CONGRESS CONCERNING ELIGIBILITY 

13 OF CERTAIN ADDITIONAL DEPENDENT CHIL14 DREN FOR ANNUITIES UNDER MILITARY SUR15 VIVOR BENEFIT PLAN. 

16 It is the sense of Congress that eligibility for a sur17 viving child annuity in lieu of a surviving spouse annuity 

18 under the military Survivor Benefit Plan for a child of 

19 a member of the Armed Forces dying while on active duty 

20 should be extended so as to cover children of members 

21 dying after October 7, 2001 (the beginning of Operation 

22 Enduring Freedom), rather than only children of members 

23 dying after November 23, 2003. 


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1 Subtitle E—Commissary and Non2 appropriated Fund Instrumen3 tality Benefits 

4 SEC. 651. TREATMENT OF PRICE SURCHARGES OF TO5 BACCO PRODUCTS AND CERTAIN OTHER 

6 MERCHANDISE SOLD AT COMMISSARY 

7 STORES. 

8 (a) MERCHANDISE PROCURED FROM EXCHANGES.— 

9 Subsection (c)(3) of section 2484 of title 10, United States 

10 Code, is amended— 

11 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; 

12 (2) by striking ‘‘Subsections’’ and inserting 

13 ‘‘Except as provided in subparagraph (B), sub14 sections’’; and 

15 (3) by adding at the end the following new sub16 paragraph: 

17 ‘‘(B) When a military exchange is the vendor of to18 bacco products or other merchandise authorized for sale 

19 in a commissary store under paragraph (1), any revenue 

20 above the cost of procuring the merchandise shall be allo21 cated as if the revenue were a uniform sales price sur22 charge described in subsection (d).’’. 

23 (b) MERCHANDISE TREATED AS NONCOMMISSARY

24 STORE INVENTORY.—Subsection (g) of such section is 

25 amended— 


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1 (1) by inserting ‘‘(1)’’ before ‘‘Notwith2 standing’’; 

3 (2) by striking ‘‘Subsections’’ and inserting 

4 ‘‘Except as provided in paragraph (2), subsections’’; 

5 and 

6 (3) by adding at the end the following new 

7 paragraph: 

8 ‘‘(2) When tobacco products are authorized for sale 

9 in a commissary store as noncommissary store inventory, 

10 any revenue above the cost of procuring the tobacco prod11 ucts shall be allocated as if the revenue were a uniform 

12 sales price surcharge described in subsection (d).’’. 

13 SEC. 652. LIMITATION ON USE OF DEPARTMENT OF DE14 FENSE LEASE AUTHORITY TO UNDERMINE 

15 COMMISSARIES AND EXCHANGES AND OTHER 

16 MORALE, WELFARE, AND RECREATION PRO17 GRAMS AND NONAPPROPRIATED FUND IN18 STRUMENTALITIES. 

19 Section 2667(f) of title 10, United States Code, is 

20 amended by adding at the end the following new para21 graph: 

22 ‘‘(5) Except in the case of a lease under this sub23 section, a lease of real property may not be entered into 

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1 tion 2871 of this title) if, as determined by the Secretary 

2 concerned, the facility is to be used for providing merchan3 dise or services in direct competition with— 

4 ‘‘(A) the Army and Air Force Exchange Serv5 ice; 

6 ‘‘(B) the Navy Exchange Service Command; 

7 ‘‘(C) a Marine Corps exchange; 

8 ‘‘(D) the Defense Commissary Agency; or 

9 ‘‘(E) any nonappropriated fund activity of the 

10 Department of Defense for the morale, welfare, and 

11 recreation of members of the armed forces.’’. 

12 SEC. 653. USE OF NONAPPROPRIATED FUNDS TO SUPPLE13 MENT OR REPLACE APPROPRIATED FUNDS 

14 FOR CONSTRUCTION OF FACILITIES OF EX15 CHANGE STORES SYSTEM AND OTHER NON16 APPROPRIATED FUND INSTRUMENTALITIES, 

17 MILITARY LODGING FACILITIES, AND COM18 MUNITY FACILITIES. 

19 (a) IN GENERAL.—Subchapter III of chapter 147 of 

20 title 10, United States Code, is amended by inserting after 

21 section 2491c the following new section: 


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1 ‘‘§ 2491d. Use of nonappropriated funds to supple2 ment or replace appropriated funds for 

3 construction of facilities of exchange 

4 stores system and other nonappropriated 

5 fund instrumentalities, military lodging 

6 facilities, and community facilities 

7 ‘‘(a) USE OF NONAPPROPRIATED FUNDS.—The Sec8 retary of Defense may authorize the use of non9 appropriated funds in lieu of or to supplement funds ap10 propriated to the Department of Defense for the construc11 tion of the following: 

12 ‘‘(1) Facilities of the exchange stores system 

13 and other revenue-generating facilities operated by 

14 nonappropriated fund instrumentalities of the De15 partment of Defense for the morale, welfare, and 

16 recreation of members of the armed forces. 

17 ‘‘(2) Facilities of other nonappropriated fund 

18 instrumentalities of the Department of Defense for 

19 the morale, welfare, and recreation of members of 

20 the armed forces. 

21 ‘‘(3) Military lodging facilities used to provide 

22 temporary lodging to authorized members of the 

23 armed forces, including temporary duty lodging, per24 manent change of station lodging, recreational lodg25 ing, and military treatment facility lodging. 


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1 ‘‘(4) Community facilities intended to supple2 ment mission activities, such as military museums 

3 and service academy extra-curricular activities, or to 

4 facilitate private organizations or enterprises, such 

5 as financial services, memorials, and thrift shop fa6 cilities, on military installations. 

7 ‘‘(b) USE CRITERIA.—The Secretary of Defense may 

8 prescribe by regulation the criteria under which non9 appropriated funds may be used under subsection (a). 

10 ‘‘(c) CONGRESSIONAL NOTIFICATION.—When a deci11 sion is made to use nonappropriated funds under sub12 section (a), the Secretary of Defense shall submit a report 

13 to the congressional defense committees containing the 

14 reasons for using nonappropriated funds in lieu of or to 

15 supplement appropriated funds and the amount of non16 appropriated funds to be used. The nonappropriated funds 

17 may be used only after the end of the 21-day period begin18 ning on the date the report is received by such committees 

19 or, if earlier, the end of the 14-day period beginning on 

20 the date on which a copy of the report is provided in an 

21 electronic medium pursuant to section 480 of this title.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such subchapter is amended by insert24 ing after the item relating to section 2491c the end the 

25 following new item: 


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‘‘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.’’. 

1 SEC. 654. REPORT ON COST EFFECTIVENESS OF PUR2 CHASING COMMERCIAL INSURANCE FOR 

3 COMMISSARY AND EXCHANGE FACILITIES 

4 AND FACILITIES OF OTHER MORALE, WEL5 FARE, AND RECREATION PROGRAMS AND 

6 NONAPPROPRIATED FUND INSTRUMENTAL7 ITIES. 

8 (a) REPORT REQUIRED.—Not later than July 31, 

9 2007, the Secretary of Defense shall submit to Congress 

10 a report evaluating the cost effectiveness of the Defense 

11 Commissary Agency and the nonappropriated fund activi12 ties specified in subsection (b) purchasing commercial in13 surance to protect financial interests in facilities operated 

14 by the Defense Commissary Agency or those non15 appropriated fund activities. 

16 (b) COVERED NONAPPROPRIATED FUND ACTIVI17 TIES.—The report shall apply with respect to— 

18 (1) the Army and Air Force Exchange Service; 

19 (2) the Navy Exchange Service Command; 

20 (3) a Marine Corps exchange; and 

21 (4) any nonappropriated fund activity of the 

22 Department of Defense for the morale, welfare, and 

23 recreation of members of the armed forces. 


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1 Subtitle F—Other Matters 

2 SEC. 661. REPEAL OF ANNUAL REPORTING REQUIREMENT 

3 REGARDING EFFECTS OF RECRUITMENT AND 

4 RETENTION INITIATIVES. 

5 (a) REPEAL.—Section 1015 of title 37, United States 

6 Code, is repealed. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 at the beginning of chapter 19 of title 37, United States 

9 Code, is amended by striking the item relating to section 

10 1015. 

11 SEC. 662. PILOT PROJECT FOR PROVISION OF GOLF CARTS 

12 ACCESSIBLE FOR DISABLED PERSONS AT 

13 MILITARY GOLF COURSES. 

14 (a) PILOT PROJECT REQUIRED.—The Secretary of 

15 Defense shall conduct a pilot project at a significant num16 ber of military golf courses, to be selected by the Sec17 retary, for the purpose of developing— 

18 (1) an implementation strategy to make avail19 able, as soon as practicable at all military golf 

20 courses in the United States, an adequate supply of 

21 golf carts that are accessible for disabled persons au22 thorized to use such courses; and 

23 (2) a Department-wide campaign to increase 

24 the awareness among such disabled persons of the 

25 availability of accessible golf carts and to promote 


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1 the use of military golf courses by such disabled per2 sons. 

3 (b) REQUIRED NUMBER OF ACCESSIBLE GOLF

4 CARTS.—The Secretary shall provide at least two acces5 sible golf carts at each pilot project location. 

6 (c) PILOT PROJECT LOCATIONS.—The military golf 

7 courses selected to participate in the pilot project shall be 

8 geographically dispersed, except that at least one of the 

9 military golf courses shall be in the Washington metropoli10 tan area. The Secretary may not select a military golf 

11 course to participate in the pilot project if that military 

12 golf course already has golf carts that are accessible for 

13 disabled persons. 

14 (d) DEPARTMENT OF DEFENSE HEALTH CARE

15 AWARENESS.—Military medical treatment facilities shall 

16 provide information to patients about the pilot project and 

17 the availability of accessible golf carts at military golf 

18 courses participating in the pilot project and at other mili19 tary golf courses that already provide accessible golf carts. 

20 (e) DURATION.—The Secretary shall conduct the 

21 pilot project for a minimum of one year. 

22 (f) REPORT REQUIRED.—Not later than 180 days 

23 after the conclusion of the pilot project, the Secretary shall 

24 submit a report to Congress containing the results of the 

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1 ing how to make an adequate supply of accessible golf 

2 carts available at all military golf courses in the United 

3 States. 

4 SEC. 663. ENHANCED AUTHORITY TO REMIT OR CANCEL IN5 DEBTEDNESS OF MEMBERS OF THE ARMED 

6 FORCES INCURRED ON ACTIVE DUTY. 

7 (a) PERIOD OF EXERCISE OF SERVICE SECRETARY

8 AUTHORITY AFTER SEPARATION FROM ACTIVE DUTY.— 

9 Sections 4837(b), 6161(b), and 9837(b) of title 10, United 

10 States Code, are each amended by striking ‘‘one-year pe11 riod’’ each place it appears and inserting ‘‘five-year pe12 riod’’. 

13 (b) TWO-YEAR EXTENSION OF ENHANCED AUTHOR14 ITY.—Subsections (a)(3), (b)(3), and (c)(3) of section 683 

15 of the National Defense Authorization Act for Fiscal Year 

16 2006 (Public Law 109–163; 119 Stat. 3322) are amended 

17 by striking ‘‘December 31, 2007’’ in the first sentence and 

18 inserting ‘‘December 31, 2009’’. 

19 SEC. 664. PHASED RECOVERY OF OVERPAYMENTS OF PAY 

20 MADE TO MEMBERS OF THE UNIFORMED 

21 SERVICES. 

22 (a) PHASE RECOVERY REQUIRED; MAXIMUM

23 MONTHLY INSTALLMENT.—Subsection (c) of section 1007 

24 of title 37, United States Code, is amended by adding at 

25 the end the following new paragraph: 


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1 ‘‘(3) If the indebtedness of a member of the uni2 formed services to the United States is due to the overpay3 ment of pay or allowances to the member through no fault 

4 of the member, the amount of the overpayment shall be 

5 recovered in monthly installments. The amount deducted 

6 from the pay of the member for a month to recover the 

7 overpayment amount may not exceed 20 percent of the 

8 member’s pay for that month.’’. 

9 (b) RECOVERY DELAY FOR INJURED MEMBERS.— 

10 Such subsection is further amended by inserting after 

11 paragraph (3), as added by subsection (a), the following 

12 new paragraph: 

13 ‘‘(4) If a member of the uniformed services is injured 

14 or wounded under the circumstances described in section 

15 310(a)(2)(C) of this title or, while in the line of duty, in16 curs a wound, injury, or illness in a combat operation or 

17 combat zone designated by the Secretary of Defense, any 

18 overpayment of pay or allowances made to the member 

19 while the member recovers from the wound, injury, or ill20 ness may not be deducted from the member’s pay until 

21 after the end of the 90-day period beginning on the date 

22 on which the member is notified of the overpayment.’’. 

23 (c) CONFORMING AMENDMENTS.—Such subsection is 

24 further amended— 


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1 (1) by inserting ‘‘(1)’’ before ‘‘Under regula2 tions’’; 

3 (2) by striking ‘‘his pay’’ both places it appears 

4 and inserting ‘‘the member’s pay’’; 

5 (3) by striking ‘‘However, after’’ and inserting 

6 the following: 

7 ‘‘(2) After’’; and 

8 (4) by inserting ‘‘by a member of the uniformed 

9 services’’ after ‘‘actually received’’. 

10 SEC. 665. SENSE OF CONGRESS CALLING FOR PAYMENT TO 

11 WORLD WAR II VETERANS WHO SURVIVED 

12 BATAAN DEATH MARCH. 

13 (a) IN GENERAL.—It is the sense of Congress that— 

14 (1) there should be paid to each living Battan 

15 Death March survivor an amount that is $4 for each 

16 day of captivity during World War II, compounded 

17 annually at a 3 percent annual rate of interest; and 

18 (2) in the case of a Battan Death March sur19 vivor who is deceased and who has an unremarried 

20 surviving spouse, such a payment should be made to 

21 that surviving spouse. 

22 (b) BATAAN DEATH MARCH SURVIVOR.—In this sec23 tion, the term ‘‘Bataan Death March survivor’’ means an 

24 individual who as a member of the Armed Forces during 

25 World War II was captured on the peninsula of Bataan 


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1 or island of Corregidor in the territory of the Philippines 

2 by Japanese forces and participated in and survived the 

3 Bataan Death March. 

4 TITLE VII—HEALTH CARE 

5 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. 

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

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. 


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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 para8 graph: 

9 ‘‘(17) Forensic examinations following a sexual 

10 assault or domestic violence may be provided.’’. 

11 SEC. 702. AUTHORIZATION OF ANESTHESIA AND OTHER 

12 COSTS FOR DENTAL CARE FOR CHILDREN 

13 AND CERTAIN OTHER PATIENTS. 

14 Section 1079(a)(1) of title 10, United States Code, 

15 is amended to read as follows: 

16 ‘‘(1) With respect to dental care— 

17 ‘‘(A) except as provided in subparagraph 

18 (B), only that care required as a necessary ad19 junct to medical or surgical treatment may be 

20 provided; and 

21 ‘‘(B) in connection with dental treatment 

22 for patients with developmental, mental, or 

23 physical disabilities or for pediatric patients age 

24 5 or under, only institutional and anesthesia 

25 services may be provided.’’. 


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1 SEC. 703. IMPROVEMENTS TO DESCRIPTIONS OF CANCER 

2 SCREENING. 

3 (a) TERMS RELATED TO PRIMARY AND PREVENTIVE

4 HEALTH CARE SERVICES FOR WOMEN.—Section 

5 1074d(b) of title 10, United States Code, is amended— 

6 (1) in paragraph (1), by striking ‘‘Papanicolaou 

7 tests (pap smear)’’ and inserting ‘‘Cervical cancer 

8 screening’’; and 

9 (2) in paragraph (2), by striking ‘‘Breast ex10 aminations and mammography’’ and inserting 

11 ‘‘Breast cancer screening’’. 

12 (b) TERMS RELATED TO CONTRACTS FOR MEDICAL

13 CARE FOR SPOUSES AND CHILDREN.—Section 1079(a)(2) 

14 of such title is amended— 

15 (1) in the matter preceding subparagraph (A), 

16 by striking ‘‘the schedule of pap smears and mam17 mograms’’ and inserting ‘‘the schedule and method 

18 of breast and cervical cancer screenings’’; and 

19 (2) in subparagraph (B), by striking ‘‘pap 

20 smears and mammograms or’’ and inserting ‘‘cer21 vical, breast,’’. 

22 SEC. 704. PROHIBITION ON INCREASES IN CERTAIN 

23 HEALTH CARE COSTS FOR MEMBERS OF THE 

24 UNIFORMED SERVICES. 

25 (a) PROHIBITION ON INCREASE IN CHARGES UNDER

26 CONTRACTS FOR MEDICAL CARE.—Section 1097(e) of 


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1 title 10, United States Code, is amended by adding at the 

2 end the following: ‘‘A premium, deductible, copayment, or 

3 other charge prescribed by the Secretary under this sub4 section may not be increased during the period beginning 

5 on April 1, 2006, and ending on December 31, 2007.’’. 

6 (b) PROHIBITION ON INCREASE IN CHARGES FOR IN7 PATIENT CARE.—Section 1086(b)(3) of title 10, United 

8 States Code, is amended by inserting after ‘‘charges for 

9 inpatient care’’ the following: ‘‘, except that in no case 

10 may the charges for inpatient care for a patient exceed 

11 $535 per day during the period beginning on April 1, 

12 2006, and ending on December 31, 2007.’’. 

13 (c) PROHIBITION ON INCREASE IN PREMIUMS

14 UNDER TRICARE COVERAGE FOR CERTAIN MEMBERS

15 IN THE SELECTED RESERVE.—Section 1076d(d)(3) of 

16 title 10, United States Code, is amended by adding at the 

17 end the following: ‘‘During the period beginning on April 

18 1, 2006, and ending on December 31, 2007, the monthly 

19 amount of the premium may not be increased above the 

20 amount in effect for the month of March 2006.’’. 

21 (d) PROHIBITION ON INCREASE IN PREMIUMS

22 UNDER TRICARE COVERAGE FOR MEMBERS OF THE

23 READY RESERVE.—Section 1076b(e)(3) of title 10, 

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

25 following: ‘‘During the period beginning on April 1, 2006, 


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1 and ending on October 31, 2007, the monthly amount of 

2 a premium under paragraph (2) may not be increased 

3 above the amount in effect for the first month health care 

4 is provided under this section as amended by Public Law 

5 109–163.’’. 

6 SEC. 705. SERVICES OF MENTAL HEALTH COUNSELORS. 

7 (a) REIMBURSEMENT OF MENTAL HEALTH COUN8 SELORS UNDER TRICARE.— 

9 (1) REIMBURSEMENT UNDER TRICARE.—Sec10 tion 1079(a)(8) of title 10, United States Code, is 

11 amended— 

12 (A) by inserting ‘‘or licensed or certified 

13 mental health counselors’’ after ‘‘certified mar14 riage and family therapists’’ both places it ap15 pears; and 

16 (B) by inserting ‘‘or licensed or certified 

17 mental health counselors’’ after ‘‘that the thera18 pists.’’ 

19 (2) AUTHORITY TO ASSESS MEDICAL OR PSY20 CHOLOGICAL NECESSITY OF SERVICE OR SUPPLY.— 

21 Section 1079(a)(13) of such title is amended by in22 serting ‘‘, licensed or certified mental health coun23 selor, ’’ after ‘‘certified marriage and family thera24 pist’’. 

25 (b) SERVICES OF MENTAL HEALTH COUNSELORS.— 


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1 (1) AUTHORITY TO ENTER INTO PERSONAL

2 SERVICES CONTRACTS.—Section 704(c)(2) of the 

3 National Defense Authorization Act for Fiscal Year 

4 1995 (Public Law 103–337; 108 Stat. 2799; 10 

5 U.S.C. 1091 note) is amended by inserting ‘‘mental 

6 health counselors,’’ after ‘‘psychologists,’’. 

7 (2) APPLICABILITY OF LICENSURE REQUIRE8 MENT FOR HEALTH-CARE PROFESSIONALS.—Section 

9 1094 (e)(2) of title 10, United States Code, is 

10 amended by inserting ‘‘mental health counselor,’’ 

11 after ‘‘psychologist,’’. 

12 SEC. 706. DEMONSTRATION PROJECT ON COVERAGE OF SE13 LECTED OVER-THE-COUNTER MEDICATIONS 

14 UNDER THE PHARMACY BENEFIT PROGRAM. 

15 (a) REQUIREMENT TO CONDUCT DEMONSTRA16 TION.—The Secretary of Defense shall conduct a dem17 onstration project under section 1092 of title 10, United 

18 States Code, to allow particular over-the-counter medica19 tions to be included on the uniform formulary under sec20 tion 1074g of such title. 

21 (b) ELEMENTS OF DEMONSTRATION PROJECT.— 

22 (1) INCLUSION OF CERTAIN OVER-THE23 COUNTER MEDICATIONS.—As part of the demonstra24 tion project, the Secretary shall modify uniform for25 mulary specifications under section 1074g(a)(2) of 


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1 such title to include on the uniform formulary any 

2 pharmaceutical agent that does not require a pre3 scription (commonly referred to as an over-the4 counter medication) if the Pharmacy and Thera5 peutics Committee finds that the over-the-counter 

6 medication is a clinically effective and cost-effective 

7 alternative to a pharmaceutical agent that requires 

8 a prescription. If the Pharmacy and Therapeutics 

9 Committee makes such a finding, the over-the10 counter medication shall be considered to be in the 

11 same therapeutic class of pharmaceutical agents that 

12 the agent requiring a prescription is in, and to the 

13 same extent as any agent in the class that requires 

14 a prescription. Such an over-the-counter medication 

15 shall be made available to a beneficiary through the 

16 demonstration program only if the medication is in 

17 place of a pharmaceutical agent requiring a prescrip18 tion and the beneficiary has a prescription for that 

19 pharmaceutical agent. 

20 (2) CONDUCT THROUGH MILITARY FACILITIES, 

21 RETAIL PHARMACIES, OR MAIL ORDER PROGRAM.— 

22 The Secretary shall conduct the demonstration 

23 project through at least two of the means described 

24 in subparagraph (E) of section 1074g(a)(2) through 

25 which over-the-counter medications are provided and 


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1 may conduct the demonstration project throughout 

2 the entire pharmacy benefits program or at a limited 

3 number of sites. If the project is conducted at a lim4 ited number of sites, the number of sites shall be not 

5 less than five in each TRICARE region for each of 

6 the two means described in such subparagraph (E). 

7 (3) PERIOD OF DEMONSTRATION.—The Sec8 retary shall provide for conducting the demonstra9 tion project for a period of time necessary to evalu10 ate the feasibility and cost effectiveness of the dem11 onstration. Such period shall be at least as long as 

12 the period covered by pharmacy contracts in exist13 ence on the date of the enactment of this Act (in14 cluding any extensions of the contracts), or five 

15 years, whichever is shorter. 

16 (4) IMPLEMENTATION DEADLINE.—Implemen17 tation of the demonstration project shall begin not 

18 later than May 1, 2007. 

19 (c) REPORT.—Not later than 60 days before the end 

20 of the demonstration project, the Secretary shall submit 

21 to the Committees on Armed Services of the House of 

22 Representatives and the Senate a report on the dem23 onstration project. The report shall contain an evaluation 

24 by the Secretary of the costs and benefits of the project, 

25 and recommendations on whether permanent authority 


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1 should be provided to cover over-the-counter medications 

2 under the pharmacy benefits program. 

3 (d) CONTINUATION OF DEMONSTRATION PROJECT.— 

4 If the Secretary recommends in the report under sub5 section (c) that permanent authority should be provided, 

6 the Secretary may continue the demonstration project for 

7 up to one year after submitting the report. 

8 SEC. 707. REQUIREMENT TO REIMBURSE CERTAIN TRAVEL 

9 EXPENSES OF CERTAIN BENEFICIARIES COV10 ERED BY TRICARE FOR LIFE. 

11 (a) REQUIREMENT.—Section 1074i of title 10, 

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

13 following new subsection: 

14 ‘‘(c) TRICARE FOR LIFE BENEFICIARIES.— 

15 ‘‘(1) An eligible TRICARE for Life beneficiary 

16 shall be provided reimbursement for travel expenses 

17 to a military medical treatment facility if— 

18 ‘‘(A) the purpose of the travel is for a fol19 low-up appointment for medical treatment of a 

20 condition of the beneficiary; and 

21 ‘‘(B) the initial appointment for medical 

22 treatment of the condition was at the same fa23 cility. 

24 ‘‘(2) Reimbursement under this subsection 

25 shall, as nearly as practicable, be under the same 


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1 terms and conditions, and shall be at the same rate, 

2 as apply to beneficiary travel reimbursement pro3 vided under subsection (a), except that reimburse4 ment shall be provided— 

5 ‘‘(A) for no more than 3 follow-up appoint6 ments; and 

7 ‘‘(B) only if adequate follow-up medical 

8 treatment, as determined under the TRICARE 

9 program, cannot be obtained within 100 miles 

10 of the residence of the beneficiary. 

11 ‘‘(3) In this subsection, the term ‘eligible 

12 TRICARE for Life beneficiary’ means a person— 

13 ‘‘(A) who is eligible for health benefits 

14 under section 1086 of this title by reason of 

15 subsection (d)(2)(A) of that section; 

16 ‘‘(B) who attained age 65 after an initial 

17 appointment for medical treatment at a military 

18 medical treatment facility; and 

19 ‘‘(C) who resides more than 100 miles 

20 from the military medical treatment facility and 

21 was referred to such facility for treatment by a 

22 specialty care provider.’’. 

23 (b) EFFECTIVE DATE.—Subsection (c) of section 

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1 section (a), shall apply with respect to beneficiaries who 

2 attain age 65 after the date of the enactment of this Act. 

3 SEC. 708. INFLATION ADJUSTMENT OF DIFFERENTIAL PAY4 MENTS TO CHILDREN’S HOSPITALS PARTICI5 PATING IN TRICARE PROGRAM. 

6 (a) ANNUAL INFLATION ADJUSTMENT.—Beginning 

7 in fiscal year 2007, the Secretary of Defense shall annu8 ally adjust for inflation the TRICARE children’s hospital 

9 differential payment rate. The adjustment for a fiscal year 

10 shall be the same as the applicable percentage increase 

11 defined under section 1886(d)(3)(B)(i) of the Social Secu12 rity Act (42 U.S.C. 1395ww(d)(3)(B)(i)) for that fiscal 

13 year for hospitals located in large urban areas. 

14 (b) TRICARE CHILDREN’S HOSPITAL DIFFEREN15 TIAL PAYMENT RATE.—In this section, the term 

16 ‘‘TRICARE children’s hospital differential payment rate’’ 

17 means the differential payment rate by the Department 

18 of Defense to children’s hospitals for health care services 

19 for dependent children of members of the uniformed serv20 ices under the TRICARE program. 

21 SEC. 709. EXPANDED ELIGIBILITY OF SELECTED RESERVE 

22 MEMBERS UNDER TRICARE PROGRAM. 

23 (a) GENERAL ELIGIBILITY.—Subsection (a) of sec24 tion 1076d of title 10, United States Code, is amended— 


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1 (1) by striking ‘‘(a) ELIGIBILITY.—A member’’ 

2 and inserting ‘‘(a) ELIGIBILITY.—(1) Except as pro3 vided in paragraph (2), a member’’; 

4 (2) by striking ‘‘after the member completes’’ 

5 and all that follows through ‘‘one or more whole 

6 years following such date’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) Paragraph (1) does not apply to a member who 

10 is enrolled, or is eligible to enroll, in a health benefits plan 

11 under chapter 89 of title 5.’’. 

12 (b) CONDITION FOR TERMINATION OF ELIGI13 BILITY.—Subsection (b) of such section is amended— 

14 (1) by striking ‘‘(b) PERIOD OF COVERAGE.— 

15 (1) TRICARE Standard’’ and all that follows 

16 through ‘‘(4) Eligibility’’ and inserting ‘‘(b) TERMI17 NATION OF ELIGIBILITY UPON TERMINATION OF

18 SERVICE.—Eligibility’’; and 

19 (2) by striking paragraph (5). 

20 (c) CONFORMING AMENDMENTS.— 

21 (1) Such section is further amended— 

22 (A) by striking subsection (e); 

23 (B) by redesignating subsection (g) as sub24 section (e) and transferring such subsection 


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1 within such section so as to appear following 

2 subsection (d); and 

3 (C) by striking paragraph (3) of subsection 

4 (f). 

5 (2) The heading for such section is amended to 

6 read as follows: 

7 ‘‘§ 1076d. TRICARE program: TRICARE standard cov8 erage for members of the Selected Re9 serve’’. 

10 (d) REPEAL OF OBSOLETE PROVISION.—Effective 

11 October 1, 2007, section 1076b of title 10, United States 

12 Code, is repealed. 

13 (e) CLERICAL AMENDMENTS.—Effective October 1, 

14 2007, the table of sections at the beginning of chapter 55 

15 of title 10, United States Code, is amended— 

16 (1) by striking the item relating to section 

17 1076b; and 

18 (2) by striking the item relating to section 

19 1076d and inserting the following: 

‘‘1076d. TRICARE program: TRICARE Standard coverage for members of the 

Selected Reserve.’’. 

20 (f) SAVINGS PROVISION.—Enrollments in TRICARE 

21 Standard that are in effect on the day before the date of 

22 the enactment of this Act under section 1076d of title 10, 

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1 tinued until terminated after such day under such section 

2 1076d as amended by this section. 

3 (g) EFFECTIVE DATE.—The Secretary of Defense 

4 shall ensure that health care under TRICARE Standard 

5 is provided under section 1076d of title 10, United States 

6 Code, as amended by this section, beginning not later than 

7 October 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) 

13 as subsection (d) and by adding the following after sub14 section (b): 

15 ‘‘(c) PROHIBITION OF FINANCIAL INCENTIVES NOT

16 TO ENROLL IN A GROUP HEALTH PLAN.—(1) Except as 

17 provided 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 

21 to 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 

24 in the same manner as such section 1862(b)(3)(C) applies 

25 to financial or other incentives for an individual entitled 


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1 to benefits under title XVIII of the Social Security Act 

2 not to enroll (or to terminate enrollment) under a group 

3 health plan or a large group health plan which would (in 

4 the case of enrollment) be a primary plan (as defined in 

5 section 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 

8 applied under paragraph (1) as the Secretary deems ap9 propriate and such paragraph (1) shall be implemented 

10 taking 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 

14 agreement shall provide that any expenses incurred by the 

15 Secretary of Health and Human Services pertaining to 

16 carrying out this subsection shall be reimbursed by the 

17 Secretary of Defense. 

18 ‘‘(C) Authorities of the Inspector General of the De19 partment of Defense shall be available for oversight and 

20 investigations of responsibilities of employers and other 

21 entities 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). 


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1 ‘‘(E) Any amounts collected in carrying out para2 graph (1) shall be handled in accordance with section 

3 1079a of this title. 

4 ‘‘(3) In addition to any penalty applied under the au5 thority of paragraph (1), the Secretary of Defense may 

6 by regulation provide that repeated violations by an em7 ployer or other entity of the prohibition referenced and 

8 applied under paragraph (1) are grounds for exclusion of 

9 the employer or other entity from any contract or sub10 contract to provide goods or services to, or any financial 

11 assistance from, the Department of Defense.’’. 

12 (b) CONFORMING AMENDMENT.—Section 1095(k)(5) 

13 of such title is amended by striking ‘‘and 1086(d)’’ and 

14 inserting ‘‘, 1086(d), and 1097b(c)’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this 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 

21 of Defense shall establish within the Department of De22 fense a task force to examine matters relating to the fu23 ture of military health care. 

24 (b) COMPOSITION.— 


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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 

9 Medical Departments of the Army, Navy, and 

10 Air Force; 

11 (B) a number of persons from outside the 

12 Department of Defense equal to the total num13 ber of personnel from within the Department of 

14 Defense (whether members of the Armed 

15 Forces or civilian personnel) who are appointed 

16 to the task 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 


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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 

9 experience 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 

14 include officers or employees of other depart15 ments or agencies of the Federal Government, 

16 officers or employees of State and local govern17 ments, or individuals from the private sector. 

18 (B) Individuals appointed to the task force 

19 from outside the Department of Defense shall 

20 include— 

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. 


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1 (4) DEADLINE FOR APPOINTMENT.—All ap2 pointments of individuals to the task force shall be 

3 made not later than 90 days after the date of the 

4 enactment of this Act. 

5 (5) CO-CHAIRS OF TASK FORCE.—There shall 

6 be two co-chairs of the task force. One of the co7 chairs shall be designated by the Secretary of De8 fense at the time of appointment from among the 

9 Department of Defense personnel appointed to the 

10 task force. The other co-chair shall be selected from 

11 among the members appointed from outside the De12 partment of Defense by members so appointed. 

13 (c) ASSESSMENT AND RECOMMENDATIONS ON THE

14 FUTURE OF MILITARY HEALTH CARE.— 

15 (1) IN GENERAL.—Not later than 12 months 

16 after the date on which all members of the task 

17 force have been appointed, the task force shall sub18 mit to the Secretary a report containing an assess19 ment of, and recommendations for, sustaining the 

20 military health care services being provided to mem21 bers of the Armed Forces, retirees, and their fami22 lies. 

23 (2) UTILIZATION OF OTHER EFFORTS.—In pre24 paring the report, the task force shall take into con25 sideration the findings and recommendation included 


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1 in the Healthcare for Military Retirees Task Group 

2 of the Defense Business Board, previous Govern3 ment Accountability Office reports, studies and re4 views by the Assistant Secretary of Defense for 

5 Health Affairs, and any other studies or research 

6 conducted by organizations regarding improvements 

7 to sustain the military health care system. 

8 (3) ELEMENTS.—The assessment and rec9 ommendations (including recommendations for legis10 lative or administrative action) shall include meas11 ures to improve the following: 

12 (A) Wellness initiatives and disease man13 agement programs of the Department of De14 fense, including health risk tracking and the 

15 use of rewards for wellness. 

16 (B) Education programs focused on pre17 vention awareness and patient-initiated health 

18 care. 

19 (C) The ability to account for the true and 

20 accurate cost of health care in the military 

21 health system. 

22 (D) Alternative health care initiatives to 

23 manage patient behavior and costs. 

24 (E) The appropriate command and control 

25 structure within the Department of Defense 


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1 and the Armed Forces to manage the military 

2 health system. 

3 (F) The adequacy of the military health 

4 care procurement system, including methods to 

5 streamline existing procurement activities. 

6 (G) The appropriate mix of military and 

7 civilian personnel to meet future readiness and 

8 high-quality health care service requirements. 

9 (H) The beneficiary and Government cost 

10 sharing structure required to sustain the mili11 tary health benefits over the long term. 

12 (I) Programs focused on managing the 

13 health care needs of Medicare-eligible military 

14 beneficiaries. 

15 (J) Efficient and cost effective contracts 

16 for health care services, including performance17 based requirements for health care provider re18 imbursement. 

19 (c) ADMINISTRATIVE MATTERS.— 

20 (1) COMPENSATION.—Each member of the task 

21 force who is a member of the Armed Forces or a ci22 vilian officer or employee of the United States shall 

23 serve without compensation (other than compensa24 tion to which entitled as a member of the Armed 

25 Forces or an officer or employee of the United 


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1 States, as the case may be). Other members of the 

2 task force shall be treated for purposes of section 

3 3161 of title 5, United States Code, as having been 

4 appointed under subsection (b) of such section. 

5 (2) OVERSIGHT.—The Under Secretary of De6 fense for Personnel and Readiness shall oversee the 

7 activities of the task force. 

8 (3) ADMINISTRATIVE SUPPORT.—The Wash9 ington Headquarters Services of the Department of 

10 Defense shall provide the task force with personnel, 

11 facilities, and other administrative support as nec12 essary for the performance of the duties of the task 

13 force. 

14 (4) ACCESS TO FACILITIES.—The Under Sec15 retary of Defense for Personnel and Readiness shall, 

16 in coordination with the Secretaries of the military 

17 departments, ensure appropriate access by the task 

18 force to military installations and facilities for pur19 poses of the discharge of the duties of the task force. 

20 (e) REPORT.— 

21 (1) IN GENERAL.—The task force shall submit 

22 to the Secretary of Defense a report on its activities 

23 under this section. The report shall include— 

24 (A) a description of the activities of the 

25 task force; 


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1 (B) the assessment and recommendations 

2 required by subsection (c); and 

3 (C) such other matters relating to the ac4 tivities of the task force that the task force con5 siders appropriate. 

6 (2) TRANSMITTAL TO CONGRESS.—Not later 

7 than 90 days after receipt of the report under para8 graph (1), the Secretary shall transmit the report to 

9 the Committees on Armed Services of the Senate 

10 and the House of Representatives. The Secretary 

11 may include in the transmittal such comments on 

12 the report as the Secretary considers appropriate. 

13 (f) PLAN REQUIRED.—Not later than 6 months after 

14 receipt of the report from the task force under subsection 

15 (e)(1), the Secretary of Defense shall develop a plan based 

16 on the recommendations of the task force and submit the 

17 plan to the Committees on Armed Services of the Senate 

18 and the House of Representatives. 

19 (g) TERMINATION.—The task force shall terminate 

20 90 days after the date on which the report of the task 

21 force is submitted to Congress under subsection (e)(2). 

22 SEC. 712. STUDY AND PLAN RELATING TO CHIROPRACTIC 

23 HEALTH CARE SERVICES. 

24 (a) STUDY REQUIRED.— 


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1 (1) GROUPS COVERED.—The Secretary of De2 fense shall conduct a study of providing chiropractic 

3 health care services and benefits to the following 

4 groups: 

5 (A) All members of the uniformed services 

6 on active duty and entitled to care under sec7 tion 1074(a) of title 10, United States Code. 

8 (B) All members described in subpara9 graph (A) and their eligible dependents, and all 

10 members of reserve components of the uni11 formed services and their eligible dependents. 

12 (C) All members or former members of the 

13 uniformed services who are entitled to retired or 

14 retainer pay or equivalent pay and their eligible 

15 dependents. 

16 (2) MATTERS EXAMINED.— 

17 (A) For each group listed in subpara18 graphs (A), (B), and (C) of paragraph (1), the 

19 study shall examine the following with respect 

20 to chiropractic health care services and benefits: 

21 (i) The cost of providing such services 

22 and benefits. 

23 (ii) The feasibility of providing such 

24 services and benefits. 


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1 (iii) An assessment of the health care 

2 benefits of providing such services and 

3 benefits. 

4 (iv) An estimate of the potential cost 

5 savings of providing such services and ben6 efits in lieu of other medical services. 

7 (v) The identification of existing and 

8 planned health care infrastructure, includ9 ing personnel, equipment, and facilities, to 

10 accommodate the provision of chiropractic 

11 health care services. 

12 (B) For the members of the group listed in 

13 subparagraph (A) of paragraph (1), the study 

14 shall examine the effects of providing chiro15 practic health care services and benefits— 

16 (i) on the readiness of such members; 

17 and 

18 (ii) on the acceleration of the return 

19 to duty of such members following an iden20 tified injury or other malady that can be 

21 appropriately treated with chiropractic 

22 health care services. 

23 (3) SPACE AVAILABLE COSTS.—The study shall 

24 also include a detailed analysis of the projected costs 

25 of providing chiropractic health care services on a 


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1 space available basis in the military treatment facili2 ties currently providing chiropractic care under sec3 tion 702 of the Floyd D. Spence National Defense 

4 Authorization Act of Fiscal Year 2001 (as enacted 

5 by Public Law 106–398; 10 U.S.C. 1092 note). 

6 (4) ELIGIBLE DEPENDENTS DEFINED.—In this 

7 section, the term ‘‘eligible dependent’’ has the mean8 ing given that term in section 1076a(k) of title 10, 

9 United States Code. 

10 (b) PLAN REQUIRED.—Not later than March 31, 

11 2007, the Secretary of Defense shall revise the plan re12 quired under section 702 of the Floyd D. Spence National 

13 Defense Authorization Act of Fiscal Year 2001 (as en14 acted by Public Law 106–398; 10 U.S.C. 1092 note), in15 cluding a detailed analysis of the projected costs, to pro16 vide chiropractic health care services and benefits as a per17 manent part of the Defense Health Program (including 

18 the TRICARE program) as required under that section. 

19 (c) REPORT REQUIRED.—Not later than March 31, 

20 2007, the Secretary of Defense shall submit a report on 

21 the study required under subsection (a), together with the 

22 plan required under subsection (b), to the Committees on 

23 Armed Services of the Senate and the House of Represent24 atives. 


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1 SEC. 713. COMPTROLLER GENERAL STUDY AND REPORT ON 

2 DEFENSE HEALTH PROGRAM. 

3 (a) STUDY REQUIRED.—The Comptroller General, in 

4 cooperation with the Congressional Budget Office, shall 

5 conduct a study of the projected cost savings to the De6 fense Health Program included in the fiscal year 2007 

7 budget request. 

8 (b) ELEMENTS.—The study required by subsection 

9 (a) shall include the following: 

10 (1) An evaluation of the rationale for calcula11 tions made by the Department of Defense for the 

12 portion of total health care costs paid by bene13 ficiaries in 1995 and in 2005, including issues such 

14 as— 

15 (A) the rationale for the Department’s 

16 stated costs of providing the benefit in 1995 

17 and in 2005; 

18 (B) the basis for the Department’s calcula19 tions of increases in cost between 1995 and 

20 2005; and 

21 (C) the amounts paid by beneficiaries for 

22 health care in 1995 and 2005. 

23 (2) An evaluation of the rationale for calcula24 tions and assumptions made by the Department of 

25 Defense for the estimated savings associated with 

26 the implementation of its cost share increases. 


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1 (3) A review of the annual rate of medical infla2 tion of the Department of Defense and how it com3 pares with the annual rates of increase in health 

4 care premiums in the Federal Employee Health 

5 Benefit Program and other health care programs as 

6 well as other health care indexes for the past 5 

7 years. 

8 (4) An assessment of the rationale for the cost 

9 share increase amounts made by the Department of 

10 Defense. 

11 (c) INDEPENDENT EXPERTS.—To ensure the avail12 ability of appropriate expertise in addressing the elements 

13 of the study required under this section, the Comptroller 

14 General may use independent experts, such as actuaries, 

15 if needed. 

16 (d) REPORT.—The Comptroller General shall submit 

17 to the Committees on Armed Services of the Senate and 

18 the House of Representatives a report on the study re19 quired by subsection (a) not later than June 1, 2007. 

20 SEC. 714. TRANSFER OF CUSTODY OF THE AIR FORCE 

21 HEALTH STUDY ASSETS TO MEDICAL FOL22 LOW-UP AGENCY. 

23 (a) TRANSFER.— 

24 (1) NOTIFICATION OF PARTICIPANTS.—The 

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1 pants of the Air Force Health Study that the study 

2 as currently constituted is ending as of September 

3 30, 2006. In consultation with the Medical Follow4 up Agency (in this section referred to as the ‘‘Agen5 cy’’) of the Institute of Medicine of the National 

6 Academy of Sciences, the Secretary of the Air Force 

7 shall request the written consent of the participants 

8 to transfer their data and biological specimens to the 

9 Agency during fiscal year 2007 and written consent 

10 for the Agency to maintain the data and specimens 

11 and make them available for additional studies. 

12 (2) COMPLETION OF TRANSFER.—Custodian13 ship of the Air Force Health Study shall be com14 pletely transferred to the Agency on or before Sep15 tember 30, 2007. Assets to be transferred shall in16 clude electronic data files and biological specimens of 

17 all the study participants. 

18 (3) COPIES TO ARCHIVES.—The Air Force shall 

19 send paper copies of all study documents to the Na20 tional Archives. 

21 (b) REPORT ON TRANSFER.— 

22 (1) REQUIREMENT.—Not later than 30 days 

23 after completion of the transfer of the assets of the 

24 Air Force Health Study under subsection (a), the 

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1 mittees on Armed Services of the Senate and the 

2 House of Representatives a report on the transfer. 

3 (2) MATTERS COVERED.—At a minimum, the 

4 report shall include information on the number of 

5 study participants whose data and biological speci6 mens were not transferred, the efforts that were 

7 taken to contact such participants, and the reasons 

8 why the transfer of their data and specimens did not 

9 occur. 

10 (c) DISPOSITION OF ASSETS NOT TRANSFERRED.— 

11 The Secretary of the Air Force may not destroy any data 

12 or biological specimens not transferred under subsection 

13 (a) until the expiration of the one-year period following 

14 submission of the report under subsection (b). 

15 (d) FUNDING.— 

16 (1) COSTS OF TRANSFER.—The Secretary of 

17 Defense shall make available to the Air Force 

18 $850,000 for preparation, transfer of the assets of 

19 the Air Force Health Study and shipment of data 

20 and specimens to the Medical Follow-up Agency and 

21 the National Archives during fiscal year 2007 from 

22 amounts available from the Department of Defense 

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1 sets assigned to the Air Force Health Study to the 

2 Agency without charge. 

3 (2) COSTS OF COLLABORATION.—The Secretary 

4 of Defense may reimburse the National Academy of 

5 Sciences up to $200,000 for costs of the Medical 

6 Follow-up Agency to collaborate with the Air Force 

7 in the transfer and receipt of the assets of the Air 

8 Force Health Study to the Agency during fiscal year 

9 2007 from amounts available from the Department 

10 of Defense for that year. 

11 SEC. 715. STUDY ON ALLOWING DEPENDENTS OF ACTI12 VATED MEMBERS OF RESERVE COMPONENTS 

13 TO RETAIN CIVILIAN HEALTH CARE COV14 ERAGE. 

15 (a) STUDY REQUIREMENT.—The Secretary of De16 fense shall conduct a study on the feasibility of allowing 

17 family members of members of the Reserve Components 

18 who are called or ordered to active duty to continue health 

19 care coverage under a civilian health care program and 

20 provide reimbursement for such health care. 

21 (b) ELEMENTS.—The study required by subsection 

22 (a) shall include the following: 

23 (1) An assessment of the number of military 

24 dependents with special health care needs (such as 

25 ongoing chemotherapy or physical therapy) who 


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1 would benefit from continued coverage under the 

2 member’s civilian health care plan instead of enroll3 ing in the TRICARE program. 

4 (2) An assessment of the feasibility of providing 

5 reimbursement to the member or the sponsor of the 

6 civilian health coverage. 

7 (3) A recommendation on the appropriate rate 

8 of reimbursement for civilian employers or members. 

9 (4) The feasibility of including dependents who 

10 do not have access to health care providers that ac11 cept payment under the TRICARE program (such 

12 as those in rural areas). 

13 (c) REPORT REQUIRED.—Not later than 180 days 

14 after the date of the enactment of this Act, the Secretary 

15 of Defense shall submit to the Committees on Armed Serv16 ices of the Senate and the House of Representatives a re17 port on the study required under subsection (a). 

18 SEC. 716. STUDY OF HEALTH EFFECTS OF EXPOSURE TO 

19 DEPLETED URANIUM. 

20 (a) STUDY.—The Secretary of Defense, in consulta21 tion with the Secretary for Veterans Affairs and the Sec22 retary of Health and Human Services, shall conduct a 

23 comprehensive study of the health effects of exposure to 

24 depleted uranium munitions on uranium-exposed soldiers 

25 and on children of uranium-exposed soldiers who were 


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1 born after the exposure of the uranium-exposed soldiers 

2 to depleted uranium. 

3 (b) URANIUM-EXPOSED SOLDIERS.—In this section, 

4 the term ‘‘uranium-exposed soldiers’’ means a member or 

5 former member of the Armed Forces who handled, came 

6 in contact with, or had the likelihood of contact with de7 pleted uranium munitions while on active duty, including 

8 members and former members who— 

9 (1) were exposed to smoke from fires resulting 

10 from the burning of vehicles containing depleted ura11 nium munitions or fires at depots at which depleted 

12 uranium munitions were stored; 

13 (2) worked within environments containing de14 pleted uranium dust or residues from depleted ura15 nium munitions; 

16 (3) were within a structure or vehicle while it 

17 was struck by a depleted uranium munition; 

18 (4) climbed on or entered equipment or struc19 tures struck by a depleted uranium munition; or 

20 (5) were medical personnel who provided initial 

21 treatment to members of the Armed Forces de22 scribed in paragraph (1), (2), (3), or (4). 


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1 Subtitle C—Other Matters 

2 SEC. 721. COSTS OF INCENTIVE PAYMENTS TO EMPLOYEES 

3 FOR TRICARE ENROLLMENT MADE UNAL4 LOWABLE FOR CONTRACTORS. 

5 (a) DEFENSE CONTRACTS.—Section 2324(e)(1) of 

6 title 10, United States Code, is amended by adding at the 

7 end the following new subparagraph: 

8 ‘‘(Q) Costs incurred by a contractor for incen9 tive payments to employees to encourage enrollment 

10 in the TRICARE program under chapter 55 of this 

11 title or any other Government-sponsored health care 

12 program, except that this subparagraph does not 

13 apply to such costs incurred by a contractor per14 forming a contract to which any of the following ap15 plies: 

16 ‘‘(i) The Services Contract Act of 1965 (41 

17 U.S.C. 351 et seq.). 

18 ‘‘(ii) Any other law or labor agreement 

19 that requires a company to compensate its em20 ployees for health care whether or not the em21 ployee participates in a company health plan.’’. 

22 (b) CIVILIAN AGENCY CONTRACTS.—Section 

23 306(e)(1) of the Federal Property and Administrative 

24 Services Act of 1949 (41 U.S.C. 256(e)(1)) is amended 

25 by adding at the end the following new subparagraph: 


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1 ‘‘(P) Costs incurred by a contractor for incen2 tive payments to employees to encourage enrollment 

3 in the TRICARE program under chapter 55 of title 

4 10, United States Code, or any other Government5 sponsored health care program, except that this sub6 paragraph does not apply to such costs incurred by 

7 a contractor performing a contract to which any of 

8 the following applies: 

9 ‘‘(i) The Services Contract Act of 1965 (41 

10 U.S.C. 351 et seq.). 

11 ‘‘(ii) Any other law or labor agreement 

12 that requires a company to compensate its em13 ployees for health care whether or not the em14 ployee participates in a company health plan.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply with respect to contracts entered 

17 into after the date occurring 180 days after the date of 

18 the enactment of this Act. 

19 SEC. 722. REQUIREMENT FOR MILITARY MEDICAL PER20 SONNEL TO BE TRAINED IN PRESERVATION 

21 OF REMAINS. 

22 (a) REQUIREMENT.—The Secretary of Defense shall 

23 develop a program requiring each military department to 

24 include training in the preservation of remains for health 

25 care professionals under the department’s jurisdiction. 


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1 The training shall be provided before a health care profes2 sional is deployed into a theater of operation and periodi3 cally thereafter as determined necessary for refresher 

4 training. 

5 (b) MATTERS COVERED BY TRAINING.—The training 

6 shall include, at a minimum— 

7 (1) best practices and procedures for the pres8 ervation of the remains of a member of the Armed 

9 Forces after death, taking into account the needs, 

10 sensitivities, and potential wishes of the family of 

11 the decedent, including the return of the remains to 

12 the family in the best possible condition; and 

13 (2) practical case studies to illustrate the objec14 tives of paragraph (1) and provide a real world per15 spective. 

16 (c) HEALTH CARE PROFESSIONAL.—In this section, 

17 the term ‘‘health care professional’’ means a physician, 

18 dentist, clinical psychologist, nurse, nurse practitioner, or 

19 physician assistant and any other person providing direct 

20 patient care as may be designated by the Secretary of De21 fense in regulations. 


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1 Subtitle D—Pharmacy Benefits 

2 Program Improvements 

3 SEC. 731. TRICARE PHARMACY PROGRAM COST-SHARE RE4 QUIREMENTS. 

5 Paragraph (6) of section 1074g(a) of title 10, United 

6 States Code, is amended to read as follows: 

7 ‘‘(6)(A) The Secretary, in regulations prescribed 

8 under subsection (g), may establish cost-sharing require9 ments (which may be established as a percentage or fixed 

10 dollar amount) under the pharmacy benefits program for 

11 generic, formulary, and nonformulary agents. 

12 ‘‘(B)(i) With respect to agents available through the 

13 national mail-order pharmacy program, the Secretary of 

14 Defense may not establish requirements for cost sharing 

15 for generic and formulary agents that are in excess of cost 

16 sharing requirements for generic and formulary agents 

17 available through facilities of the uniformed services. 

18 ‘‘(ii) With respect to agents available through retail 

19 pharmacies, the Secretary of Defense may not establish 

20 cost sharing in excess of— 

21 ‘‘(I) $6 for generic agents; 

22 ‘‘(II) $16 for formulary agents; and 

23 ‘‘(III) $22 for nonformulary agents. 

24 ‘‘(iii) The cost sharing requirements of this subpara25 graph shall be in effect during the period beginning 90 


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1 days after the date of the enactment of the National De2 fense Authorization Act for Fiscal Year 2007 and ending 

3 on December 31, 2007.’’. 

4 TITLE VIII—ACQUISITION POL5 ICY, ACQUISITION MANAGE6 MENT, AND RELATED MAT7 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. 

Sec. 815. Award and incentive fee contract standards. 

Sec. 816. Oversight and accountability of contractor personnel. 

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 


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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 

8 Defense for Acquisition, Technology, and Logistics, 

9 in consultation with the Defense Acquisition Univer10 sity, shall develop a training program to certify civil11 ian and military personnel of the Department of De12 fense with responsibility for generating requirements 

13 for major defense acquisition programs (as defined 

14 in section 2430 of title 10, United States Code). 

15 (2) COMPETENCY AND OTHER REQUIRE16 MENTS.—The Under Secretary shall establish com17 petency requirements for the personnel undergoing 

18 the training program. The Under Secretary shall de19 fine the target population for such training program 

20 by identifying which civilian and military personnel 

21 should have responsibility for generating require22 ments. The Under Secretary also may establish 

23 other training programs for personnel not subject to 

24 chapter 87 of title 10, United States Code, and who 


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1 contribute significantly to other types of acquisitions 

2 by the Department of Defense. 

3 (3) MATTERS COVERED.—At a minimum, the 

4 training program shall, with respect to a major de5 fense acquisition program— 

6 (A) provide instruction on the inter7 relationship among the requirements generation 

8 process, the budget process, and the acquisition 

9 process within the Department of Defense for 

10 such a program; 

11 (B) stress the importance of generating re12 quirements for such a program that result in 

13 joint applications to the maximum extent pos14 sible; 

15 (C) provide instruction on the effects of in16 troducing new requirements for such a pro17 gram— 

18 (i) both before and after the com19 mencement of system development and 

20 demonstration; and 

21 (ii) during initial operational test and 

22 evaluation; 

23 (D) ensure that requirements for such a 

24 program are derived primarily from capability 


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1 shortfalls in the program identified by a com2 mander of a combatant command; 

3 (E) ensure that requirements for such a 

4 program are informed by a sound analysis of al5 ternatives, by realistic technical assessments 

6 based on technology readiness levels, and by fis7 cal guidance, including consultation with pro8 duction engineers on the cost, schedule and 

9 technical feasibility of the requirements; 

10 (F) ensure that, for the introduction of 

11 any changes to requirements for such a pro12 gram, an engineering feasibility assessment that 

13 weighs technology readiness, integration, cost, 

14 and schedule impacts is conducted after Mile15 stone B approval at the latest, and before Mile16 stone B approval to the maximum extent prac17 ticable; 

18 (G) stress the importance of introducing 

19 requirements for such a program that are tech20 nologically mature, feasible, and achievable 

21 without schedule risk; and 

22 (H) stress the importance of stable re23 quirements for such a program to provide the 

24 baseline for successful execution of the pro25 gram. 


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1 (4) AVAILABILITY.—The training program shall 

2 be made available on the Internet to ensure the 

3 widest dissemination possible. 

4 (b) APPLICABILITY.—Effective on and after Sep5 tember 30, 2007, a member of the Armed Forces or an 

6 employee of the Department of Defense with authority to 

7 generate requirements for a major defense acquisition pro8 gram may not continue to participate in the requirements 

9 generation process unless the member or employee suc10 cessfully completes the certification training program de11 veloped under this section. 

12 SEC. 802. ADDITIONAL REQUIREMENTS RELATING TO 

13 TECHNICAL DATA RIGHTS. 

14 (a) ADDITIONAL REQUIREMENTS RELATING TO

15 TECHNICAL DATA RIGHTS .—Section 2320 of title 10, 

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

17 following new subsection: 

18 ‘‘(e) ADDITIONAL REGULATIONS.—(1) Regulations 

19 prescribed under subsection (a) shall ensure, at a min20 imum, that— 

21 ‘‘(A) in the case of a major system that is de22 veloped 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 


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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 

6 of technical data not acquired at the time of initial 

7 contract 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 

14 the acquisition workforce working with any contract in an 

15 amount greater than $5,000,000 and involving the acqui16 sition of rights in technical data be provided information 

17 and formal training sufficient to carry out the regulations 

18 prescribed under subsection (a) to implement this sub19 section.’’. 

20 (b) REGULATIONS.—Not later than 180 days after 

21 the date of the enactment of this Act, the Secretary of 

22 Defense shall revise regulations under section 2320 of title 

23 10, United States Code, to implement subsection (e) of 

24 such section (as added by this section). 


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1 SEC. 803. STUDY AND REPORT ON REVISIONS TO SELECTED 

2 ACQUISITION REPORT REQUIREMENTS. 

3 (a) STUDY REQUIREMENT.—The Secretary of De4 fense, acting through the Under Secretary of Defense for 

5 Acquisition, Technology, and Logistics in coordination 

6 with the service acquisition executives of each military de7 partment, shall conduct a study on revisions to require8 ments relating to Selected Acquisition Reports, as set 

9 forth in section 2432 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 sched18 ule established when a major defense acquisition 

19 program 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 

23 than the elimination of any unit cost information). 

24 (c) REPORT.—Not later than March 1, 2007, the 

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1 port on the results of the study, including such rec2 ommendations 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 

7 later than 45 days after the date of the enactment of this 

8 Act, and on the first day of each calendar quarter there9 after, the Secretary of Defense shall provide an update 

10 to the Committees on Armed Services of the Senate and 

11 the House of Representatives on the implementation of 

12 plans to reform the acquisition system in the Department 

13 of Defense. 

14 (b) MATTERS COVERED.—Each update provided 

15 under subsection (a) shall cover the implementation of re16 forms of the processes for acquisition, including genera17 tion of requirements, award of contracts, and financial 

18 management. At a minimum, the updates shall take into 

19 account the recommendations made by the following: 

20 (1) The Defense Acquisition Performance As21 sessment Panel. 

22 (2) The Defense Science Board Summer Study 

23 on Transformation, issued in February 2006. 

24 (3) The Beyond Goldwater-Nichols Study of the 

25 Center for Strategic and International Studies. 


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1 (4) The Quadrennial Defense Review, issued 

2 February 6, 2006. 

3 (5) The Committee Defense Review of the Com4 mittee on Armed Services of the House of Rep5 resentatives (when available). 

6 (c) RECOMMENDATIONS.—Each report submitted 

7 under subsection (a) shall include such recommendations 

8 as the Secretary considers appropriate, and implementa9 tion 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 fol13 lowing the first calendar quarter in which the Selected Ac14 quisition Report submitted to Congress under section 

15 2432 of title 10, United States Code, does not indicate 

16 that there has been an increase by a percentage equal to 

17 or greater than the significant cost growth threshold or 

18 the critical cost growth threshold in any major defense ac19 quisition program (as such thresholds are defined in sec20 tion 2433(a) of such title). 


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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 EVALUATION OF CHALLENGE PRO6 POSALS FOR CRITICAL COST BREACHES.— 

7 (1) SUBMISSION OF 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 

23 following new paragraph (4): 

24 ‘‘(4)(A) If the program acquisition unit cost or 

25 procurement unit cost of a major defense acquisition 

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1 er than the critical cost growth threshold for the 

2 program, 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 

5 breach’), the Under Secretary shall issue a solicita6 tion for challenge proposals that would result in im7 provements in affordability of the program. The so8 licitation shall specifically identify (i) the cost and 

9 schedule variances, and (ii) the design, engineering, 

10 manufacturing, or technology integration issues, con11 tributing to the breach. 

12 ‘‘(B) A solicitation referred to in subparagraph 

13 (A) shall be made public before the end of the 14- 

14 day period beginning on the day the Selected Acqui15 sition Report containing the information described in 

16 section 2433(g) of this title is required to be sub17 mitted 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 


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1 (ii) by inserting after ‘‘paragraph 

2 (2),’’ the following: ‘‘or submitted in re3 sponse to a solicitation issued as a result 

4 of a critical cost growth threshold breach’’; 

5 and 

6 (E) by inserting after paragraph (5) (as so 

7 redesignated) the following new paragraph (6): 

8 ‘‘(6) A panel shall complete a preliminary eval9 uation of challenge proposals submitted in response 

10 to a solicitation issued as a result of a critical cost 

11 growth threshold breach before the end of the 60- 

12 day period beginning on the day the Selected Acqui13 sition Report referred to in paragraph (4)(B) is sub14 mitted to Congress and shall inform the Secretary of 

15 Defense of the results of the evaluation to aid in the 

16 completion of the Secretary’s certification under sec17 tion 2433(e)(2)(B) of this title.’’. 

18 (b) ACTION UPON FAVORABLE FULL REVIEW AND

19 EVALUATION OF CHALLENGE PROPOSALS FOR CRITICAL

20 COST BREACHES.—Section 2359b(e) of such title is 

21 amended by adding at the end the following new para22 graph: 

23 ‘‘(3) In the case of a challenge proposal re24 ferred to in paragraph (1) that was submitted in re25 sponse to a solicitation issued as a result of a critical 


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1 cost growth threshold breach, the costs of the pro2 posal shall be borne by the major defense acquisition 

3 program with respect to which the breach oc4 curred.’’. 

5 (c) ACTION UPON UNFAVORABLE FULL REVIEW AND

6 EVALUATION OF CHALLENGE PROPOSALS FOR CRITICAL

7 COST BREACHES.—Section 2359b of such title, as amend8 ed by section 213, is further amended— 

9 (1) by redesignating subsections (f), (g), (h), 

10 and (i) as subsections (g), (h), (i), and (j), respec11 tively; and 

12 (2) by inserting after subsection (e) the fol13 lowing new subsection (f): 

14 ‘‘(f) ACTION UPON UNFAVORABLE FULL REVIEW

15 AND EVALUATION OF CRITICAL COST BREACH SOLICITA16 TIONS.—In the case of a challenge proposal that was sub17 mitted in response to a solicitation issued as a result of 

18 a critical cost growth threshold breach and that is not de19 termined under a full review and evaluation to satisfy each 

20 of the criteria specified in subsection (c)(5), the following 

21 provisions apply: 

22 ‘‘(1) The office carrying out the full review and 

23 evaluation shall provide to the Panel that conducted 

24 the preliminary evaluation a statement containing a 


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1 summary of the rationale for the unfavorable evalua2 tion. 

3 ‘‘(2) If the Panel disagrees with the rationale 

4 provided under paragraph (1), the Panel may return 

5 the challenge proposal to the office for further con6 sideration. 

7 ‘‘(3) The full review and evaluation, including a 

8 further consideration of the review and evaluation 

9 under paragraph (2), shall be completed not later 

10 than the expiration of the 60-day period beginning 

11 on the date of completion of the preliminary evalua12 tion of the proposal by a Panel under subsection (c). 

13 ‘‘(4) After a full review and evaluation of all 

14 such challenge proposals submitted for such review 

15 and evaluation are completed, including further con16 sideration under paragraph (2), the Under Secretary 

17 shall submit to the congressional defense committees 

18 a report containing a list of each challenge proposal 

19 with an unfavorable evaluation, including an identi20 fication of each such challenge proposal returned to 

21 an office for further consideration, and a detailed ra22 tionale for the unfavorable evaluations upon both 

23 initial and further consideration (if any). Such re24 port shall be submitted not later than the expiration 

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1 pletion of the last preliminary evaluation of the pro2 posals by a Panel under subsection (c).’’. 

3 (d) AMENDMENTS TO UNIT COST REPORTS PROVI4 SIONS.— 

5 (1) ADDITIONAL ASSESSMENT REQUIRED UPON

6 BREACH OF CRITICAL COST GROWTH THRESHOLD.— 

7 Section 2433(e)(2)(A) of title 10, United States 

8 Code, is amended— 

9 (A) by striking ‘‘and’’ at the end of clause 

10 (ii); 

11 (B) by inserting ‘‘and’’ at the end of clause 

12 (iii); and 

13 (C) by adding at the end the following new 

14 clause: 

15 ‘‘(iv) the availability of components, sub16 systems, or systems that may result in near17 term improvements in affordability of the pro18 gram, as identified under the Defense Acquisi19 tion Challenge Program through a solicitation 

20 issued pursuant to section 2359b(c)(1)(C) of 

21 this title;’’. 

22 (2) ADDITIONAL CERTIFICATION REQUIRED

23 UPON BREACH OF CRITICAL COST GROWTH THRESH24 OLD.—Section 2433(e)(2)(B) of such title is amend25 ed— 


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1 (A) by redesignating clauses (iii) and (iv) 

2 as clauses (iv) and (v), respectively; and 

3 (B) by inserting after clause (ii) the fol4 lowing new clause (iii): 

5 ‘‘(iii) the Panel conducting preliminary 

6 evaluation of challenge proposals submitted in 

7 response to the solicitation issued under the De8 fense Acquisition Challenge Program pursuant 

9 to section 2359b(c)(1)(C) of this title has iden10 tified no promising proposals meriting full re11 view and evaluation;’’. 

12 (3) ADDITIONAL INFORMATION IN CERTAIN RE13 PORT REQUIRED.—Section 2433(g)(1)(P)(vi) of such 

14 title is amended by inserting after ‘‘of the program’’ 

15 the following: ‘‘and design, engineering, manufac16 turing, or technology integration issues’’. 

17 (e) ADDITIONAL CONFORMING AMENDMENTS.—Sec18 tion 2359b of such title is further amended— 

19 (1) in subsection (c)(8), as redesignated by sub20 section (a), by striking ‘‘paragraph (4)’’ and insert21 ing ‘‘paragraph (5)’’; 

22 (2) in subsection (d)(1), by striking ‘‘subsection 

23 (c)(6)’’ and inserting ‘‘subsection (c)(8)’’; 

24 (3) in subsection (d)(2), by striking ‘‘subsection 

25 (c)(4)’’ and inserting ‘‘subsection (c)(5)’’; and 


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1 (4) in subsection (e)(1), by striking ‘‘subsection 

2 (c)(4)’’ and inserting ‘‘subsection (c)(5)’’. 

3 SEC. 806. MARKET RESEARCH REQUIRED FOR MAJOR DE4 FENSE ACQUISITION PROGRAMS BEFORE 

5 PROCEEDING TO MILESTONE B. 

6 Section 2366a(a) of title 10, United States Code, is 

7 amended— 

8 (1) by redesignating paragraphs (1) through 

9 (7) as paragraphs (2) through (8), respectively; and 

10 (2) by inserting before paragraph (2) (as so re11 designated) the following new paragraph (1): 

12 ‘‘(1) market research has been conducted prior 

13 to technology development to reduce duplication of 

14 existing technology and products;’’. 

15 Subtitle B—Acquisition Policy and 

16 Management 

17 SEC. 811. APPLICABILITY OF STATUTORY EXECUTIVE COM18 PENSATION CAP MADE PROSPECTIVE. 

19 (a) PROSPECTIVE APPLICABILITY OF EXECUTIVE

20 COMPENSATION CAP.—Section 808(e)(2) of Public Law 

21 105–85 (41 U.S.C. 435 note; 111 Stat. 1838) is amended 

22 by striking ‘‘before, on,’’ and inserting ‘‘on’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 subsection (a) shall apply as if included in Public Law 

25 105–85 as enacted. 


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1 SEC. 812. PROHIBITION ON PROCUREMENT FROM BENE2 FICIARIES OF FOREIGN SUBSIDIES. 

3 (a) PROHIBITION.—The Secretary of Defense may 

4 not enter into a contract for the procurement of goods 

5 or services from any foreign person to which the govern6 ment of a foreign country that is a member of the World 

7 Trade Organization has provided a subsidy if— 

8 (1) the United States has requested consulta9 tions with that foreign country under the Agreement 

10 on Subsidies and Countervailing Measures on the 

11 basis that the subsidy is a prohibited subsidy under 

12 that Agreement; and 

13 (2) either— 

14 (A) the issue before the World Trade Or15 ganization 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 

19 Agreement on Subsidies and Countervailing 

20 Measures. 

21 (b) JOINT VENTURES.—The prohibition under sub22 section (a) with respect to a foreign person also applies 

23 to any joint venture, cooperative organization, partner24 ship, or contracting team of which that foreign person is 

25 a member. 


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1 (c) SUBCONTRACTS AND TASK ORDERS.—The prohi2 bition under subsection (a) with respect to a contract also 

3 applies to any subcontracts at any tier entered into under 

4 the contract and any task orders at any tier issued under 

5 the contract. 

6 (d) DEFINITIONS.—In this section: 

7 (1) The term ‘‘Agreement on Subsidies and 

8 Countervailing Measures’’ means the agreement de9 scribed in section 101(d)(12) of the Uruguay Round 

10 Agreements Act (19 U.S.C. 3501(d)(12)). 

11 (2) The term ‘‘foreign person’’ means— 

12 (A) an individual who is not a United 

13 States person or an alien lawfully admitted for 

14 permanent residence into the United States; or 

15 (B) a corporation, partnership, or other 

16 nongovernmental entity which is not a United 

17 States person. 

18 (3) The term ‘‘United States person’’ means— 

19 (A) a natural person who is a citizen of the 

20 United States or who owes permanent alle21 giance to the United States; and 

22 (B) a corporation or other legal entity 

23 which is organized under the laws of the United 

24 States, any State or territory thereof, or the 

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1 scribed in subparagraph (A) own, directly or in2 directly, more than 50 percent of the out3 standing capital stock or other beneficial inter4 est in such legal entity. 

5 (e) APPLICABILITY.— 

6 (1) PROGRAMS WITH MILESTONE B APPROVAL

7 NOT COVERED.—The prohibition under subsection 

8 (a) shall not apply to any contract under a major 

9 defense acquisition program that has received Mile10 stone B approval as of the date of the enactment of 

11 this Act. 

12 (2) DEFINITIONS.—In this subsection: 

13 (A) The term ‘‘major defense acquisition 

14 program’’ means a Department of Defense ac15 quisition program that is a major defense ac16 quisition program for purposes of section 2430 

17 of title 10, United States Code. 

18 (B) The term ‘‘Milestone B approval’’ has 

19 the meaning provided that term in section 

20 2366(e)(7) of such title. 

21 SEC. 813. TIME-CERTAIN DEVELOPMENT FOR DEPARTMENT 

22 OF DEFENSE INFORMATION TECHNOLOGY 

23 BUSINESS SYSTEMS. 

24 (a) MILESTONE A LIMITATION.—The Department of 

25 Defense executive or entity that is the milestone decision 


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1 authority for an information system described in sub2 section (c) may not provide Milestone A approval for the 

3 system unless, as part of the decision process for such ap4 proval, that authority determines that the system will 

5 achieve initial operational capability within five years of 

6 such approval. 

7 (b) INITIAL OPERATIONAL CAPABILITY LIMITA8 TION.—Funds appropriated or otherwise available to the 

9 Department of Defense may not be obligated or expended 

10 for an information system described in subsection (c) if 

11 the system, having received Milestone A approval, has not 

12 achieved initial operational capability within five years of 

13 the date of such approval. 

14 (c) COVERED SYSTEMS.—An information system de15 scribed in this subsection is any Department of Defense 

16 information technology business system that is not a na17 tional security system, as defined in 3542(b)(2) of title 

18 44, United States Code. 

19 (d) APPLICABILITY TO EXISTING PROGRAMS.— 

20 (1) WAIVER AUTHORITY FOR EXISTING PRO21 GRAMS IN DEVELOPMENT.—The Secretary of De22 fense may waive the applicability of subsection (b) in 

23 the case of a program described in subsection (c) 

24 that as of the date of the enactment of this Act has 


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1 received Milestone A approval but has not as of such 

2 date achieved initial operational capability. 

3 (2) INAPPLICABILITY TO PROGRAMS THROUGH

4 DEVELOPMENT.—This section does not apply to an 

5 information system that achieved initial operational 

6 capability before the date of the enactment of this 

7 Act. 

8 (e) DEFINITIONS.—In this section: 

9 (1) MILESTONE DECISION AUTHORITY.—The 

10 term ‘‘milestone decision authority’’ has the meaning 

11 given that term in Department of Defense Instruc12 tion 5000.2, dated May 12, 2003. 

13 (2) MILESTONE A.—The term ‘‘Milestone A’’ 

14 has the meaning given that term in Department of 

15 Defense Instruction 5000.2, dated May 12, 2003. 

16 SEC. 814. ESTABLISHMENT OF PANEL ON CONTRACTING IN17 TEGRITY. 

18 (a) ESTABLISHMENT.— 

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

20 shall establish a panel to be known as the ‘‘Panel on 

21 Contracting Integrity’’. 

22 (2) COMPOSITION.—The panel shall be com23 posed of the following: 

24 (A) The Deputy Secretary of Defense, who 

25 shall be the chairman of the panel. 


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1 (B) The service acquisition executive of 

2 each military department. 

3 (C) The Inspector General of the Depart4 ment of Defense. 

5 (D) The Director of the Defense Logistics 

6 Agency. 

7 (E) The Director of the Defense Contract 

8 Management Agency. 

9 (F) The Director of the Defense Contract 

10 Audit Agency. 

11 (G) Such other members as determined ap12 propriate by the Secretary of Defense. 

13 (b) DUTIES.—In addition to other matters assigned 

14 to it by the Secretary of Defense, the panel shall— 

15 (1) conduct reviews of progress made by the 

16 Department of Defense to eliminate areas of vulner17 ability of the defense contracting system that allow 

18 fraud, waste, and abuse to occur; 

19 (2) review the report by the Comptroller Gen20 eral required by section 841 of the National Defense 

21 Authorization Act for Fiscal Year 2006 (Public Law 

22 109–163; 119 Stat. 3389), relating to areas of vul23 nerability of Department of Defense contracts to 

24 fraud, waste, and abuse; and 


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1 (3) recommend changes in law, regulations, and 

2 policy that it determines necessary to eliminate such 

3 areas of vulnerability. 

4 (c) MEETINGS.—The panel shall meet as determined 

5 necessary by the Secretary of Defense but not less often 

6 than once every six months. 

7 (d) REPORT.— 

8 (1) REQUIREMENT.—The panel shall prepare 

9 and submit to the congressional defense committees 

10 an annual report on its activities. The report shall 

11 contain a summary of its findings and recommenda12 tions for the year covered by the report. 

13 (2) FIRST REPORT.—The first report under this 

14 subsection shall be submitted not later than 180 

15 days after the date of the enactment of this Act and 

16 shall contain an examination of the current struc17 ture in the Department of Defense for personnel ac18 countability relating to the contracting system and 

19 recommendations for any changes needed to the sys20 tem of administrative safeguards and disciplinary 

21 actions to ensure accountability at the appropriate 

22 level for any violations of appropriate standards of 

23 behavior in contracting. 


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1 SEC. 815. AWARD AND INCENTIVE FEE CONTRACT STAND2 ARDS. 

3 (a) REQUIREMENT TO DEVELOP AND ISSUE STAND4 ARDS.—Not later than 90 days after the date of the enact5 ment of this Act, the Secretary of Defense shall develop 

6 and issue— 

7 (1) standards that link award and incentive fees 

8 to desired program outcomes, such as meeting cost, 

9 schedule, and capability goals; 

10 (2) standards that identify the appropriate ap11 proving official level involved in awarding new con12 tracts utilizing award and incentive fees; 

13 (3) guidance on when the use of rollover is ap14 propriate in terms of new contracts utilizing award 

15 and incentive fees; 

16 (4) performance measures to evaluate the effec17 tiveness of award and incentive fees as a tool for im18 proving contractor performance and achieving de19 sired program outcomes; and 

20 (5) guidance for the development of a mecha21 nism to capture award and incentive fee data and to 

22 share proven award and incentive fee strategies with 

23 appropriate contracting and program officials at the 

24 Department of Defense. 

25 (b) DEFINITION.—In this section, the term ‘‘rollover’’ 

26 means the process of moving unearned available award 


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1 and incentive fees from one evaluation period to a subse2 quent evaluation period, thereby providing the contractor 

3 with an additional opportunity to earn that previously un4 earned award or incentive fee. 

5 (c) REPORT.—Not later than one year after the date 

6 of the enactment of this Act, the Secretary of Defense 

7 shall submit to Congress a report on the status and effec8 tiveness of developing the standards required under sub9 section (a) for award and incentive fee contracts. 

10 (d) SENSE OF CONGRESS.—It is the sense of Con11 gress that award and incentive fees should be used to mo12 tivate excellent contractor performance and that such fees 

13 should not be awarded for below-satisfactory performance. 

14 SEC. 816. OVERSIGHT AND ACCOUNTABILITY OF CON15 TRACTOR PERSONNEL. 

16 (a) REPORT AND REQUIREMENTS RELATING TO

17 CONTRACTS TO BE PERFORMED IN IRAQ AND AFGHANI18 STAN.— 

19 (1) INSPECTOR GENERAL REPORT.—Not later 

20 than March 1, 2007, the Inspector General of the 

21 Department of Defense shall submit to Congress a 

22 report on overcharges discovered by the Inspector 

23 General under contracts entered into by the Depart24 ment for work to be performed in Iraq and Afghani25 stan. 


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1 (2) ASSIGNMENT OF SUFFICIENT CONTRACTING

2 OFFICERS.—The Under Secretary of Defense for Ac3 quisition, Logistics, and Technology shall ensure 

4 that sufficient contracting officers are assigned to 

5 oversee and monitor contracts entered into by the 

6 Department of Defense for work to be performed in 

7 Iraq and Afghanistan. 

8 (b) REQUIREMENTS RELATING TO EMPLOYEES OF

9 DEFENSE CONTRACTORS OPERATING OUTSIDE THE

10 UNITED STATES.— 

11 (1) BACKGROUND CHECKS.—The Secretary of 

12 Defense shall implement a policy for conducting 

13 comprehensive background checks on foreign nation14 als hired by contractors (and subcontractors at any 

15 tier) of the Department of Defense operating outside 

16 the United States. The type of background check in17 cluded in such policy shall be suitable for employ18 ment screening and shall, at a minimum, include a 

19 determination of whether the potential employee is 

20 on a terrorist watch list or has a criminal record. 

21 The policy shall provide for completing such back22 ground checks as quickly as possible. 

23 (2) PROHIBITION ON HIRING CERTAIN EMPLOY24 EES.—A contractor (or subcontractor at any tier) of 


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1 the Department of Defense operating outside the 

2 United States may not hire any person— 

3 (A) who has been convicted of a violent fel4 ony; or 

5 (B) who is determined by the Secretary of 

6 Defense to have committed acts inconsistent 

7 with the policy of the Department of Defense 

8 on human rights. 

9 (c) REPORT AND APPLICABILITY OF DEFENSE IN10 STRUCTION RELATING TO CONTRACTOR PERSONNEL AU11 THORIZED TO ACCOMPANY THE ARMED FORCES.— 

12 (1) REPORT ON IMPLEMENTATION OF INSTRUC13 TION.—The Secretary of Defense shall submit to 

14 Congress a report on the Department of Defense in15 struction described in paragraph (3). The report 

16 shall include information on the status of the imple17 mentation of the instruction, how the instruction is 

18 being enforced, and the effectiveness of the instruc19 tion. 

20 (2) REQUIREMENT TO APPLY TO CONTRACTS.— 

21 The Department of Defense instruction described in 

22 paragraph (3) shall apply to— 

23 (A) contracts entered into by the Depart24 ment of Defense after the date of the enact25 ment of this Act; 


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1 (B) task orders issued after the date of the 

2 enactment of this Act under contracts in exist3 ence on the date of enactment of this Act; and 

4 (C) contracts in existence on the date of 

5 the enactment of this Act with respect to which 

6 an option to extend the contract is exercised 

7 after such date. 

8 (3) INSTRUCTION DESCRIBED.—The instruction 

9 referred to in this subsection is Department of De10 fense Instruction Number 3020.14, titled ‘‘Con11 tractor Personnel Authorized to Accompany the 

12 United States Armed Forces’’. 

13 Subtitle C—Amendments to Gen14 eral Contracting Authorities, 

15 Procedures, and Limitations 

16 SEC. 821. EXTENSION OF SPECIAL TEMPORARY CONTRACT 

17 CLOSEOUT AUTHORITY. 

18 Section 804 of the National Defense Authorization 

19 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

20 1541) is amended in subsection (d) by striking ‘‘Sep21 tember 30, 2006’’ and inserting ‘‘September 30, 2007’’. 


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1 SEC. 822. LIMITATION ON CONTRACTS FOR THE ACQUISI2 TION OF CERTAIN SERVICES. 

3 (a) LIMITATION.—Except as provided in subsection 

4 (b), the Secretary of Defense may not enter into a contract 

5 for covered services if the amount of the contract— 

6 (1) exceeds 75 percent of the estimated value of 

7 any asset required for the provision of services under 

8 the contract, as of the date on which contract per9 formance begins; or 

10 (2) exceeds $150,000,000 in payments over the 

11 life of the contract assuming all options to extend 

12 the contract are exercised. 

13 (b) WAIVER.—The Secretary of Defense may waive 

14 subsection (a) with respect to a contract for covered serv15 ices if the Secretary— 

16 (1) determines that a waiver is necessary for 

17 national security purposes; and 

18 (2) provides to the congressional defense com19 mittees an economic analysis as described in sub20 section (c) at least 30 days before the waiver takes 

21 effect. 

22 (c) ECONOMIC ANALYSIS.—The economic analysis 

23 provided under subsection (b) shall include, at a minimum, 

24 the following: 

25 (1) A clear explanation of the need for the con26 tract for covered services. 


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1 (2) An examination of at least two alternatives 

2 for fulfilling the requirements that the contract is 

3 meant to fulfill, including the following with respect 

4 to each alternative: 

5 (A) A rationale for including the alter6 native. 

7 (B) A cost estimate of the alternative and 

8 an analysis of the quality of each cost estimate. 

9 (C) A discussion of the benefits to be real10 ized from the alternative. 

11 (D) A best value determination of each al12 ternative and a detailed explanation of the life13 cycle cost calculations used in the determina14 tion. 

15 (d) COVERED SERVICES.—The limitation in sub16 section (a) applies to any contract for the following types 

17 of services: 

18 (1) Operation, maintenance, or support of fa19 cilities or installations, or construction of facilities 

20 needed for performing the contract. 

21 (2) Maintenance or modification of aircraft, 

22 ships, vehicles, or other highly complex military 

23 equipment, or the provision of aircraft, ships, vehi24 cles, or other highly complex military equipment 

25 needed for performing the contract. 


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1 (3) Specialized training necessitating high qual2 ity instructor skills (for example, pilot and air crew 

3 members; foreign language training). 

4 (4) Base services (for example, ground mainte5 nance, in-plane refueling; bus transportation; refuse 

6 collection and disposal). 

7 SEC. 823. USE OF FEDERAL SUPPLY SCHEDULES BY STATE 

8 AND LOCAL GOVERNMENTS FOR GOODS AND 

9 SERVICES FOR RECOVERY FROM NATURAL 

10 DISASTERS, TERRORISM, OR NUCLEAR, BIO11 LOGICAL, CHEMICAL, OR RADIOLOGICAL AT12 TACK. 

13 (a) AUTHORITY TO USE SUPPLY SCHEDULES FOR

14 CERTAIN GOODS AND SERVICES.—Section 502 of title 40, 

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

16 following new subsection: 

17 ‘‘(d) USE OF SUPPLY SCHEDULES FOR CERTAIN

18 GOODS AND SERVICES.— 

19 ‘‘(1) IN GENERAL.—The Administrator may 

20 provide for the use by State or local governments of 

21 Federal supply schedules of the General Services Ad22 ministration for goods or services that are to be used 

23 to facilitate recovery from a major disaster declared 

24 by the President under the Robert T. Stafford Dis25 aster Relief and Emergency Assistance Act (42 


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1 U.S.C. 5121 et seq.) or to facilitate recovery from 

2 terrorism or nuclear, biological, chemical, or radio3 logical attack. 

4 ‘‘(2) DETERMINATION BY SECRETARY OF

5 HOMELAND SECURITY.—The Secretary of Homeland 

6 Security shall determine which goods and services 

7 qualify as goods and services described in paragraph 

8 (1) before the Administrator provides for the use of 

9 the Federal supply schedule relating to such goods 

10 and services. 

11 ‘‘(3) VOLUNTARY USE.—In the case of the use 

12 by a State or local government of a Federal supply 

13 schedule pursuant to paragraph (1), participation by 

14 a firm that sells to the Federal Government through 

15 the supply schedule shall be voluntary with respect 

16 to a sale to the State or local government through 

17 such supply schedule. 

18 ‘‘(4) DEFINITIONS.—The definitions in sub19 section (c)(3) shall apply for purposes of this sub20 section.’’. 

21 (b) PROCEDURES.—Not later than 30 days after the 

22 date of the enactment of this Act, the Administrator of 

23 General Services shall establish procedures to implement 

24 section 502(d) of title 40, United States Code (as added 

25 by subsection (a)). 


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1 SEC. 824. WAIVERS TO EXTEND TASK ORDER CONTRACTS 

2 FOR ADVISORY AND ASSISTANCE SERVICES. 

3 (a) DEFENSE CONTRACTS.—Section 2304b(b) of title 

4 10, United States Code, is amended— 

5 (1) by inserting ‘‘(1)’’ before ‘‘The period’’; 

6 (2) by inserting before the period the following: 

7 ‘‘or a waiver is issued under paragraph (2)’’; and 

8 (3) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) The head of an agency may issue a waiver 

11 to extend a task order contract entered into under 

12 this section for a period not exceeding 10 years, 

13 through five one-year options, if the head of the 

14 agency determines in writing— 

15 ‘‘(A) that the contract provides engineering 

16 or technical services of such a unique and sub17 stantial technical nature that award of a new 

18 contract would be harmful to the continuity of 

19 the program for which the services are per20 formed; 

21 ‘‘(B) that award of a new contract would 

22 create a large disruption in services provided to 

23 the Department of Defense; and 

24 ‘‘(C) the Department of Defense would en25 dure program risk during critical program 


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1 stages due to loss of program corporate knowl2 edge of ongoing program activities.’’. 

3 (b) CIVILIAN AGENCY CONTRACTS.—Section 303I(b) 

4 of the Federal Property and Administrative Services Act 

5 of 1949 (41 U.S.C. 253i) is amended— 

6 (1) by inserting ‘‘(1)’’ before ‘‘The period’’; 

7 (2) by inserting before the period the following: 

8 ‘‘or a waiver is issued under paragraph (2)’’; and 

9 (3) by adding at the end the following new 

10 paragraph: 

11 ‘‘(2) An executive agency may issue a waiver to ex12 tend a task order contract entered into under this section 

13 for a period not exceeding 10 years, through five one-year 

14 options, if the head of the agency determines in writing— 

15 ‘‘(A) that the contract provides engineering or 

16 technical services of such a unique and substantial 

17 technical nature that award of a new contract would 

18 be harmful to the continuity of the program for 

19 which the services are performed; 

20 ‘‘(B) that award of a new contract would create 

21 a large disruption in services provided to the execu22 tive agency; and 

23 ‘‘(C) the executive agency would endure pro24 gram risk during critical program stages due to loss 


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1 of program corporate knowledge of ongoing program 

2 activities.’’. 

3 (c) REPORT.—Not later than April 1, 2007, the Sec4 retary of Defense shall submit to the Committees on 

5 Armed Services of the Senate and the House of Represent6 atives a report on advisory and assistance services. The 

7 report shall include the following information: 

8 (1) The methods used by the Department of 

9 Defense to identify a contract as an advisory and as10 sistance services contract, as defined in section 

11 2304b of title 10, United States Code. 

12 (2) The number of such contracts awarded by 

13 the Department during the five-year period pre14 ceding the date of enactment of this Act. 

15 (3) The average annual expenditures by the De16 partment for such contracts. 

17 (4) The average length of such contracts. 

18 (5) The number of such contracts recompeted 

19 and awarded to the previous award winner. 

20 (6) The number of contractors performing such 

21 contracts that previously qualified as a small busi22 ness but no longer qualify as a small business for a 

23 recompetition. 

24 (7) The number of such contracts required for 

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1 tion of why those services are required for greater 

2 than five years, including the rationale for not per3 forming the services inside the Department of De4 fense. 

5 (8) The percentage of such contracts awarded 

6 by the Department during the five-year period pre7 ceding the date of the enactment of this Act for as8 sistance in the introduction and transfer of engineer9 ing and technical knowledge for fielded systems, 

10 equipment, and components. 

11 (9) The actions taken by the Department to 

12 prevent organizational conflicts of interest in the use 

13 of such contracts. 

14 (d) PROHIBITION ON USE OF AUTHORITY BY DE15 PARTMENT OF DEFENSE IF REPORT NOT SUBMITTED.— 

16 The head of an agency may not issue a waiver under 

17 2304b(b)(2) of title 10, United States Code, as added by 

18 subsection (a), if the report required by subsection (c) is 

19 not submitted by the date set forth in that subsection. 

20 SEC. 825. ENHANCED ACCESS FOR SMALL BUSINESS. 

21 Section 9(a) of the Contract Disputes Act of 1978 

22 (41 U.S.C. 608) is amended by striking the period at the 

23 end of the first sentence and inserting the following: ‘‘or, 

24 in the case of a small business concern (as defined in the 


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1 Small Business Act and regulations under that Act), 

2 $150,000 or less.’’. 

3 SEC. 826. PROCUREMENT GOAL FOR HISPANIC-SERVING IN4 STITUTIONS. 

5 Section 2323 of title 10, United States Code, is 

6 amended— 

7 (1) in subsection (a)(1)— 

8 (A) by striking ‘‘and’’ at the end of sub9 paragraph (B); 

10 (B) by striking the period at the end of 

11 subparagraph (C) and inserting ‘‘; and’’; and 

12 (C) by adding at the end the following new 

13 subparagraph: 

14 ‘‘(D) Hispanic-serving institutions, as des15 ignated by the Department of Education.’’; 

16 (2) in subsection (a)(2)— 

17 (A) by inserting after ‘‘historically Black 

18 colleges and universities’’ the following: ‘‘, His19 panic-serving institutions,’’; and 

20 (B) by inserting after ‘‘such colleges and 

21 universities’’ the following: ‘‘and institutions’’; 

22 (3) in subsection (c)(1), by inserting after ‘‘his23 torically Black colleges and universities’’ the fol24 lowing: ‘‘, Hispanic-serving institutions,’’; and 


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1 (4) in subsection (c)(3), by inserting after ‘‘his2 torically Black colleges and universities’’ the fol3 lowing: ‘‘, to Hispanic-serving institutions,’’. 

4 SEC. 827. PROHIBITION ON DEFENSE CONTRACTORS RE5 QUIRING LICENSES OR FEES FOR USE OF 

6 MILITARY LIKENESSES AND DESIGNATIONS. 

7 The Secretary of Defense shall require that any con8 tract entered into or renewed by the Department of De9 fense include a provision prohibiting the contractor from 

10 requiring toy and hobby manufacturers, distributors, or 

11 merchants to obtain licenses from or pay fees to the con12 tractor for the use of military likenesses or designations 

13 on items provided under the contract. 

14 Subtitle D—United States Defense 

15 Industrial Base Provisions 

16 SEC. 831. PROTECTION OF STRATEGIC MATERIALS CRIT17 ICAL TO NATIONAL SECURITY. 

18 (a) REQUIREMENT TO BUY FROM AMERICAN

19 SOURCES.— 

20 (1) IN GENERAL.—Chapter 148 of title 10, 

21 United States Code, is amended by inserting after 

22 section 2533a the following new section: 


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1 ‘‘§ 2533b. Requirement to buy strategic materials crit2 ical to national security from American 

3 sources; exceptions 

4 ‘‘(a) REQUIREMENT.—Except as provided in sub5 sections (c) through (h), funds appropriated or otherwise 

6 available to the Department of Defense may not be used 

7 for the procurement of an item described in subsection (b) 

8 if the item is not reprocessed, reused, or produced in the 

9 United States. 

10 ‘‘(b) COVERED ITEMS.—An item referred to in sub11 section (a) is any of the following: 

12 ‘‘(1) A specialty metal. 

13 ‘‘(2) An item critical to national security, as de14 termined by the Strategic Materials Protection 

15 Board. 

16 ‘‘(c) AVAILABILITY EXCEPTION.—Subsection (a) 

17 does not apply to the extent that the Secretary of Defense 

18 or the Secretary of the military department concerned de19 termines that satisfactory quality and sufficient quantity 

20 of any item described in subsection (b) cannot be procured 

21 as and when needed. 

22 ‘‘(d) EXCEPTION FOR CERTAIN PROCUREMENTS.— 

23 Subsection (a) does not apply to the following: 

24 ‘‘(1) Procurements outside the United States in 

25 support of combat operations or in support of con26 tingency operations. 


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1 ‘‘(2) Procurements by vessels in foreign waters 

2 for use of the item. 

3 ‘‘(3) Procurements for which the use of proce4 dures other than competitive procedures has been 

5 approved on the basis of section 2304(c)(2) of this 

6 title, relating to unusual and compelling urgency of 

7 need. 

8 ‘‘(e) EXCEPTION RELATING TO AGREEMENTS WITH

9 FOREIGN GOVERNMENTS.—Subsection (a) does not pre10 clude the procurement of an item described in subsection 

11 (b) if— 

12 ‘‘(1) the procurement is necessary— 

13 ‘‘(A) to comply with agreements with for14 eign governments requiring the United States 

15 to purchase supplies from foreign sources for 

16 the purposes of offsetting sales made by the 

17 United States Government or United States 

18 firms under approved programs serving defense 

19 requirements; or 

20 ‘‘(B) in furtherance of agreements with 

21 foreign governments in which both such govern22 ments agree to remove barriers to purchases of 

23 supplies produced in the other country or serv24 ices performed by sources of the other country; 


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1 ‘‘(2) any such agreement with a foreign govern2 ment complies, where applicable, with the require3 ments of section 36 of the Arms Export Control Act 

4 (22 U.S.C. 2776) and with section 2457 of this title; 

5 and 

6 ‘‘(3) the item is grown, produced, or manufac7 tured in the United States or in the country from 

8 which it is procured. 

9 ‘‘(f) EXCEPTION FOR COMMISSARIES, EXCHANGES, 

10 AND OTHER NONAPPROPRIATED FUND INSTRUMENTAL11 ITIES.—Subsection (a) does not apply to items purchased 

12 for resale purposes in commissaries, exchanges, and non13 appropriated fund instrumentalities operated by the De14 partment of Defense. 

15 ‘‘(g) EXCEPTION FOR SMALL PURCHASES.—Sub16 section (a) does not apply to procurements in amounts not 

17 greater than the simplified acquisition threshold referred 

18 to in section 2304(g) of this title. 

19 ‘‘(h) APPLICABILITY TO PROCUREMENTS OF COM20 MERCIAL ITEMS.—This section applies to procurements of 

21 commercial items notwithstanding section 34 of the Office 

22 of Federal Procurement Policy Act (41 U.S.C. 430). 

23 ‘‘(i) APPLICABILITY TO SUBCONTRACTS.—This sec24 tion applies to subcontracts at any tier under a prime con25 tract. 


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1 ‘‘(j) APPLICABILITY TO NONCOMPLIANT COMPO2 NENTS.—A procurement subject to subsection (a) shall 

3 not be considered to be in compliance with subsection (a) 

4 if noncompliant components are delivered under the pro5 curement without charge to the Federal Government. In 

6 this subsection, the term ‘noncompliant component’ means 

7 a component that is not reprocessed, reused, or produced 

8 in the United States. 

9 ‘‘(k) SPECIALTY METAL DEFINED.—In this section, 

10 the term ‘specialty metal’ means any of the following: 

11 ‘‘(1) Steel— 

12 ‘‘(A) with a maximum alloy content ex13 ceeding one or more of the following limits: 

14 manganese, 1.65 percent; silicon, 0.60 percent; 

15 or copper, 0.60 percent; or 

16 ‘‘(B) containing more than 0.25 percent of 

17 any of the following elements: aluminum, chro18 mium, cobalt, columbium, molybdenum, nickel, 

19 titanium, tungsten, or vanadium. 

20 ‘‘(2) Metal alloys consisting of nickel, iron-nick21 el, and cobalt base alloys containing a total of other 

22 alloying metals (except iron) in excess of 10 percent. 

23 ‘‘(3) Titanium and titanium alloys. 

24 ‘‘(4) Zirconium and zirconium base alloys. 


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1 ‘‘(5) A metal determined by the Strategic Mate2 rials Protection Board (established under section 

3 187 of this title) to be a specialty metal critical to 

4 national security. 

5 ‘‘(l) ADDITIONAL DEFINITIONS.—In this section: 

6 ‘‘(1) The term ‘United States’ includes posses7 sions of the United States. 

8 ‘‘(2) The term ‘micropurchase’ means a pro9 curement in an amount not greater than the micro10 purchase threshold, as defined by section 32(f) of 

11 the Office of Federal Procurement Policy Act (41 

12 U.S.C. 428). 

13 ‘‘(3) The term ‘component’ has the meaning 

14 provided in section 4 of such Act (41 U.S.C. 403).’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of such chapter is amended 

17 by adding at the end the following new item: 

‘‘2533b. Requirement to buy strategic materials critical to national security from 

American sources; exceptions.’’. 

18 (3) CONFORMING AMENDMENTS.—Section 

19 2533a of title 10, United States Code, is amended— 

20 (A) by striking paragraph (2) of subsection 

21 (b); 

22 (B) in subsection (c), by striking ‘‘or spe23 cialty metals (including stainless steel flat24 ware)’’; and 


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1 (C) in subsection (e)— 

2 (i) by striking ‘‘SPECIALTY METALS

3 AND’’ in the heading; and 

4 (ii) by striking ‘‘specialty metals or’’. 

5 (4) EFFECTIVE DATES.— 

6 (A) Section 2533b of title 10, United 

7 States Code, as added by paragraph (1), shall 

8 apply with respect to contracts entered into 

9 after the date occurring 30 days after the date 

10 of the enactment of this Act. 

11 (B) The amendments made by paragraph 

12 (3) shall take effect on the date occurring 30 

13 days after the date of the enactment of this 

14 Act. 

15 (b) ONE-TIME INADVERTENT MICROPURCHASE

16 WAIVER OF SPECIALTY METALS DOMESTIC SOURCE RE17 QUIREMENT.— 

18 (1) NOTICE OF NONCOMPLIANCE.—In the case 

19 of a contract with the Department of Defense in ef20 fect before the date of the enactment of this Act 

21 with respect to which the contracting officer for the 

22 contract determines the contractor is not in compli23 ance with section 2533a of title 10, United States 

24 Code (as in effect before such date of enactment) 


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1 with respect to specialty metals, the contracting offi2 cer shall— 

3 (A) post a notice on FedBizOpps.gov that 

4 the contractor is not in compliance with such 

5 section; 

6 (B) notify the contractor (and any subcon7 tractor under the prime contract that is also 

8 noncompliant) in writing that the contractor (or 

9 subcontractor) is not in compliance with such 

10 section; and 

11 (C) require the contractor and any subcon12 tractor notified under subparagraph (B) to sub13 mit to the contracting officer a compliance plan 

14 for becoming compliant with such section. 

15 (2) WAIVER AUTHORITY.—In the case of a con16 tract described in paragraph (1), the contracting of17 ficer for the contract may waive the applicability to 

18 the contract of section 2533a of title 10, United 

19 States Code (as in effect before such date of enact20 ment) with respect to specialty metals if— 

21 (A) the procurement is a micropurchase of 

22 components (whether in a prime contract or a 

23 subcontract under such contract) and the ag24 gregate value of all such procurements in the 

25 prime contract and all the subcontracts under 


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1 such contract does not exceed 1 percent of the 

2 amount of the contract or $100,000, whichever 

3 is less; 

4 (B) the contracting officer determines in 

5 writing that the contractor was and continues 

6 to be inadvertently not in compliance with such 

7 section with respect to such metals and the con8 tractor has submitted a compliance plan under 

9 paragraph (1)(C); and 

10 (C) the Secretary of the military depart11 ment concerned approves the waiver. 

12 (3) NOTICE.—Not later than 15 days after a 

13 contracting officer makes a determination under 

14 paragraph (2)(B) with respect to a contract, the 

15 contracting officer shall post a notice on 

16 FedBizOpps.gov that a waiver has been granted for 

17 the contract under this subsection. The notice shall 

18 include information about the applicability of section 

19 1001 of title 18, United States Code (relating to 

20 criminal penalties for false statements). 

21 (4) CHALLENGE PERIOD.— 

22 (A) During the 15-day period beginning on 

23 the date of the posting of a notice of a waiver 

24 under paragraph (3) for a contract (in this sub25 section referred to as the ‘‘challenge period’’), 


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1 the contracting officer shall accept challenges 

2 submitted with respect to the contract. 

3 (B) For purposes of this paragraph, a 

4 challenge, with respect to a contract for which 

5 a waiver has been granted under this sub6 section, is a submission of information by an 

7 entity (referred to as a ‘‘challenger’’ in this sec8 tion) stating that the challenger can provide the 

9 specialty metals needed for performance of the 

10 contract and can certify in writing that the 

11 metals are reprocessed, reused, or produced in 

12 the United States. The information shall be 

13 submitted to the contracting officer in such 

14 form and manner as may be prescribed by the 

15 Under Secretary of Defense for Acquisition, 

16 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 re20 spect to a contract, if any challenge has been sub21 mitted to the contracting officer, the contracting of22 ficer shall make a determination regarding whether 

23 the challenger can provide the specialty metals for 

24 the components concerned in sufficient quantity, of 


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1 satisfactory quality, within a reasonable time, and at 

2 a cost that is not unreasonable. 

3 (6) RESCISSION OF WAIVER.—(A) Except as 

4 provided 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 deter13 mination in the affirmative under paragraph (5) 

14 with respect to two or more challengers, the con15 tracting officer shall select or require the contractor 

16 to select, in such manner as the contracting officer 

17 considers appropriate, the challenger to provide spe18 cialty metals 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 Pol24 icy Act (41 U.S.C. 428). 


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1 (B) The term ‘‘component’’ has the mean2 ing provided in section 4 of such Act (41 

3 U.S.C. 403). 

4 (C) The term ‘‘FedBizOpps.gov’’ means 

5 the website maintained by the General Services 

6 Administration known as FedBizOpps.gov (or 

7 any 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 en11 actment 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 

14 States Code, is amended by adding at the end the fol15 lowing new section: 

16 ‘‘§ 187. Strategic Materials Protection Board 

17 ‘‘(a) ESTABLISHMENT.—(1) The Secretary of De18 fense shall establish a Strategic Materials Protection 

19 Board. 

20 ‘‘(2) The Board shall be composed of the following: 

21 ‘‘(A) The Secretary of Defense, who shall be 

22 the chairman of the Board. 

23 ‘‘(B) The Under Secretary of Defense for Ac24 quisition, Technology, and Logistics. 


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1 ‘‘(C) The Under Secretary of Defense for Intel2 ligence. 

3 ‘‘(D) The Secretary of the Army. 

4 ‘‘(E) The Secretary of the Navy. 

5 ‘‘(F) The Secretary of the Air Force. 

6 ‘‘(b) DUTIES.—In addition to other matters assigned 

7 to it by the Secretary of Defense, the Board shall— 

8 ‘‘(1) determine the need to provide a long term 

9 domestic supply of items designated as critical to na10 tional security to ensure that national defense needs 

11 are met; 

12 ‘‘(2) analyze the risk associated with each item 

13 designated as critical to national security and the af14 fect on national defense that the nonavailability of 

15 such item from a domestic source would have; 

16 ‘‘(3) recommend a strategy to the President to 

17 ensure the domestic availability of items designated 

18 as critical to national security; 

19 ‘‘(4) recommend such other strategies to the 

20 President as the Board considers appropriate to 

21 strengthen the industrial base with respect to items 

22 critical to national security; and 

23 ‘‘(5) publish, not less frequently than once 

24 every two years, in the Federal Register a list of 

25 items determined to be critical to national security, 


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1 including a list of specialty metals determined to be 

2 critical to national security for purposes of section 

3 2533b of this title (and referred to in section 

4 2533b(l)((1)(5) of such title). 

5 ‘‘(c) MEETINGS.—The Board shall meet as deter6 mined necessary by the Secretary of Defense but not less 

7 frequently than once every two years to— 

8 ‘‘(1) determine and publish a list of items crit9 ical to national security as described in subsection 

10 (b)(5); and 

11 ‘‘(2) review items previously determined by the 

12 Board to be critical to national security, including 

13 specialty metals critical to national security for pur14 poses of section 2533b of this title, to determine the 

15 appropriateness of their continuing classification as 

16 critical to national security. 

17 ‘‘(d) REPORTS.—After each meeting of the Board, 

18 the Board shall prepare and submit to Congress a report 

19 containing the results of the meeting and such rec20 ommendations as the Board determines appropriate. 

21 ‘‘(e) REMOVAL OF ITEMS FROM LIST.—The Board 

22 may not remove from the list referred to in subsection 

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1 pires after the Board submits to the congressional defense 

2 committees a written notification of the removal.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such chapter is amended by adding 

5 at the end the following new item: 

‘‘187. Strategic Materials Protection Board.’’. 

6 (c) FIRST MEETING OF BOARD.—The first meeting 

7 of the Strategic Materials Protection Board, established 

8 by section 187 of title 10, United States Code (as added 

9 by paragraph (1)) shall be not later than 180 days after 

10 the date of the enactment of this Act. 

11 TITLE IX—DEPARTMENT OF DE12 FENSE ORGANIZATION AND 

13 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. 


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Sec. 922. Comptroller General review of cost-benefit analysis of off-site versus 

on-site treatment and disposal of hydrolysate derived from neutralization of VX nerve gas at Newport Chemical Depot, Indiana. 

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

chemical weapons. 

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 PROC16 ESSING EQUIPMENT AND SERVICES.—The text of section 

17 2315 of 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 DepartVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 ment of Defense, has the meaning given that term by sec2 tion 3542(b)(2) of title 44.’’. 

3 SEC. 902. CORRECTION OF REFERENCE TO PREDECESSOR 

4 OF DEFENSE INFORMATION SYSTEMS AGEN5 CY. 

6 Paragraph (1) of section 193(f) of title 10, United 

7 States Code, is amended to read as follows: 

8 ‘‘(1) The Defense Information Systems Agen9 cy.’’. 

10 SEC. 903. ADDITION TO MEMBERSHIP OF SPECIFIED COUN11 CIL. 

12 Section 179(a) of title 10, United States Code, is 

13 amended by adding at the end the following new para14 graph: 

15 ‘‘(5) The commander of the United States Stra16 tegic Command.’’. 

17 SEC. 904. CONSOLIDATION AND STANDARDIZATION OF AU18 THORITIES RELATING TO DEPARTMENT OF 

19 DEFENSE REGIONAL CENTERS FOR SECU20 RITY STUDIES. 

21 (a) BASIC AUTHORITIES FOR REGIONAL CENTERS.— 

22 (1) IN GENERAL.—Section 184 of title 10, 

23 United States Code, is amended to read as follows: 


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1 ‘‘§ 184. Regional Centers for Security Studies 

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

3 administer the Department of Defense Regional Centers 

4 for Security Studies in accordance with this section as 

5 international venues for bilateral and multilateral re6 search, communication, and exchange of ideas involving 

7 military and civilian participants. 

8 ‘‘(b) REGIONAL CENTERS SPECIFIED.—(1) A De9 partment of Defense Regional Center for Security Studies 

10 is a Department of Defense institution that— 

11 ‘‘(A) is operated, and designated as such, by 

12 the Secretary of Defense for the study of security 

13 issues relating to a specified geographic region of 

14 the world; and 

15 ‘‘(B) serves as a forum for bilateral and multi16 lateral research, communication, and exchange of 

17 ideas involving military and civilian participants. 

18 ‘‘(2) The Department of Defense Regional Centers 

19 for Security Studies are the following: 

20 ‘‘(A) The George C. Marshall European Center 

21 for Security Studies, established in 1993 and located 

22 in Garmisch-Partenkirchen, Germany. 

23 ‘‘(B) The Asia-Pacific Center for Security Stud24 ies, established in 1995 and located in Honolulu, 

25 Hawaii. 


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1 ‘‘(C) The Center for Hemispheric Defense 

2 Studies, established in 1997 and located in Wash3 ington, D.C. 

4 ‘‘(D) The Africa Center for Strategic Studies, 

5 established in 1999 and located in Washington, D.C. 

6 ‘‘(E) The Near East South Asia Center for 

7 Strategic Studies, established in 2000 and located in 

8 Washington, D.C. 

9 ‘‘(3) No institution or element of the Department of 

10 Defense may be designated as a Department of Defense 

11 Regional Center for Security Studies for purposes of this 

12 section, other than the institutions specified in paragraph 

13 (2), except as specifically provided by law after the date 

14 of the enactment of this section. 

15 ‘‘(c) REGULATIONS.—The administration of the Re16 gional Centers under this section shall be carried out 

17 under regulations prescribed by the Secretary. 

18 ‘‘(d) PARTICIPATION.—Participants in activities of 

19 the Regional Centers may include United States military 

20 and civilian personnel, governmental and nongovernmental 

21 personnel, and foreign military and civilian, governmental 

22 and nongovernmental personnel. 

23 ‘‘(e) EMPLOYMENT AND COMPENSATION OF FAC24 ULTY.—At each Regional Center, the Secretary may, sub25 ject to appropriations— 


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1 ‘‘(1) employ a Director, a Deputy Director, and 

2 as many civilians as professors, instructors, and lec3 turers as the Secretary considers necessary; and 

4 ‘‘(2) prescribe the compensation of such per5 sons, in accordance with Federal guidelines. 

6 ‘‘(f) PAYMENT OF COSTS.—(1) Participation in ac7 tivities of a Regional Center shall be on a reimbursable 

8 basis (or by payment in advance), except in a case in 

9 which reimbursement is waived in accordance with para10 graph (3). 

11 ‘‘(2) For a foreign national participant, payment of 

12 costs may be made by the participant, the participant’s 

13 own government, by a Department or agency of the United 

14 States other than the Department of Defense, or by a gift 

15 or donation on behalf of one or more Regional Centers 

16 accepted under section 2611 of this title on behalf of the 

17 participant’s government. 

18 ‘‘(3) The Secretary of Defense may waive reimburse19 ment of the costs of activities of the Regional Centers for 

20 foreign military officers and foreign defense and security 

21 civilian government officials from a developing country if 

22 the Secretary determines that attendance of such per23 sonnel without reimbursement is in the national security 

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1 ment is waived pursuant to this paragraph shall be paid 

2 from appropriations available to the Regional Centers. 

3 ‘‘(4) Funds accepted for the payment of costs shall 

4 be credited to the appropriation then currently available 

5 to the Department of Defense for the Regional Center that 

6 incurred the costs. Funds so credited shall be merged with 

7 the appropriation to which credited and shall be available 

8 to that Regional Center for the same purposes and same 

9 period as the appropriation with which merged. 

10 ‘‘(5) Funds available for the payment of personnel 

11 expenses under the Latin American cooperation authority 

12 set forth in section 1050 of this title are also available 

13 for the costs of the operation of the Center for Hemi14 spheric Defense Studies. 

15 ‘‘(g) SUPPORT TO OTHER AGENCIES.—The Director 

16 of a Regional Center may enter into agreements with the 

17 Secretaries of the military departments, the heads of the 

18 Defense Agencies, and, with the concurrence of the Sec19 retary of Defense, the heads of other Federal departments 

20 and agencies for the provision of services by that Regional 

21 Center under this section. Any such participating depart22 ment and agency shall transfer to the Regional Center 

23 funds to pay the full costs of the services received. 

24 ‘‘(h) ANNUAL REPORT.—Not later than February 1 

25 of each year, the Secretary of Defense shall submit to the 


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1 Committee on Armed Services of the Senate and the Com2 mittee on Armed Services of the House of Representatives 

3 a report on the operation of the Regional Centers for secu4 rity studies during the preceding fiscal year. The annual 

5 report shall include, for each Regional Center, the fol6 lowing information: 

7 ‘‘(1) The status and objectives of the center. 

8 ‘‘(2) The budget of the center, including the 

9 costs of operating the center. 

10 ‘‘(3) A description of the extent of the inter11 national participation in the programs of the center, 

12 including the costs incurred by the United States for 

13 the participation of each foreign nation. 

14 ‘‘(4) A description of the foreign gifts and do15 nations, if any, accepted under section 2611 of this 

16 title.’’. 

17 (2) CLERICAL AMENDMENT.—The item relating 

18 to such section in the table of sections at the begin19 ning of chapter 7 of such title is amended to read 

20 as follows: 

‘‘184. Regional Centers for Security Studies.’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) EMPLOYMENT AND COMPENSATION AU23 THORITY FOR CIVILIAN FACULTY.—Section 1595 of 

24 title 10, United States Code, is amended— 

25 (A) in subsection (c)— 


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1 (i) by striking paragraphs (3) and (5); 

2 and 

3 (ii) by redesignating paragraphs (4) 

4 and (6) as paragraphs (3) and (4), respec5 tively; and 

6 (B) by striking subsection (e). 

7 (2) STATUS OF CENTER FOR HEMISPHERIC DE8 FENSE STUDIES.—Section 2165 of title 10, United 

9 States Code, is amended— 

10 (A) in subsection (b)— 

11 (i) by striking paragraph (6); and 

12 (ii) by redesignating paragraph (7) as 

13 paragraph (6); and 

14 (B) by striking subsection (c). 

15 SEC. 905. REDESIGNATION OF THE DEPARTMENT OF THE 

16 NAVY AS THE DEPARTMENT OF THE NAVY 

17 AND MARINE CORPS. 

18 (a) REDESIGNATION OF MILITARY DEPARTMENT.— 

19 The military department designated as the Department of 

20 the Navy is redesignated as the Department of the Navy 

21 and Marine Corps. 

22 (b) REDESIGNATION OF SECRETARY AND OTHER

23 STATUTORY OFFICES.— 


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1 (1) SECRETARY.—The position of the Secretary 

2 of the Navy is redesignated as the Secretary of the 

3 Navy and Marine Corps. 

4 (2) OTHER STATUTORY OFFICES.—The posi5 tions of the Under Secretary of the Navy, the four 

6 Assistant Secretaries of the Navy, and the General 

7 Counsel of the Department of the Navy are redesig8 nated as the Under Secretary of the Navy and Ma9 rine Corps, the Assistant Secretaries of the Navy 

10 and Marine Corps, and the General Counsel of the 

11 Department of the Navy and Marine Corps, respec12 tively. 

13 (c) CONFORMING AMENDMENTS TO TITLE 10, 

14 UNITED STATES CODE.— 

15 (1) DEFINITION OF ‘‘MILITARY DEPART16 MENT’’.—Paragraph (8) of section 101(a) of title 

17 10, United States Code, is amended to read as fol18 lows: 

19 ‘‘(8) The term ‘military department’ means the 

20 Department of the Army, the Department of the 

21 Navy and Marine Corps, and the Department of the 

22 Air Force.’’. 

23 (2) ORGANIZATION OF DEPARTMENT.—The text 

24 of section 5011 of such title is amended to read as 

25 follows: ‘‘The Department of the Navy and Marine 


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1 Corps is separately organized under the Secretary of 

2 the Navy and Marine Corps.’’. 

3 (3) POSITION OF SECRETARY.—Section 

4 5013(a)(1) of such title is amended by striking 

5 ‘‘There is a Secretary of the Navy’’ and inserting 

6 ‘‘There is a Secretary of the Navy and Marine 

7 Corps’’. 

8 (4) CHAPTER HEADINGS.— 

9 (A) The heading of chapter 503 of such 

10 title is amended to read as follows: 

11 ‘‘CHAPTER 503—DEPARTMENT OF THE 

12 NAVY AND MARINE CORPS’’. 

13 (B) The heading of chapter 507 of such 

14 title is amended to read as follows: 

15 ‘‘CHAPTER 507—COMPOSITION OF THE DE16 PARTMENT OF THE NAVY AND MARINE 

17 CORPS’’. 

18 (5) OTHER AMENDMENTS.— 

19 (A) Title 10, United States Code, is 

20 amended by striking ‘‘Department of the Navy’’ 

21 and ‘‘Secretary of the Navy’’ each place they 

22 appear other than as specified in paragraphs 

23 (1), (2), (3), and (4) (including in section head24 ings, subsection captions, tables of chapters, 

25 and tables of sections) and inserting ‘‘DepartVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 ment of the Navy and Marine Corps’’ and ‘‘Sec2 retary of the Navy and Marine Corps’’, respec3 tively, in each case with the matter inserted to 

4 be in the same typeface and typestyle as the 

5 matter stricken. 

6 (B)(i) Sections 5013(f), 5014(b)(2), 

7 5016(a), 5017(2), 5032(a), and 5042(a) of 

8 such title are amended by striking ‘‘Assistant 

9 Secretaries of the Navy’’ and inserting ‘‘Assist10 ant Secretaries of the Navy and Marine Corps’’. 

11 (ii) The heading of section 5016 of such 

12 title, and the item relating to such section in 

13 the table of sections at the beginning of chapter 

14 503 of such title, are each amended by insert15 ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 

16 with the matter inserted in each case to be in 

17 the same typeface and typestyle as the matter 

18 amended. 

19 (d) TITLE 37, UNITED STATES CODE.—Title 37, 

20 United States Code, is amended by striking ‘‘Department 

21 of the Navy’’ and ‘‘Secretary of the Navy’’ each place they 

22 appear and inserting ‘‘Department of the Navy and Ma23 rine Corps’’ and ‘‘Secretary of the Navy and Marine 

24 Corps’’, respectively. 


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1 (e) OTHER REFERENCES.—Any reference in any law 

2 other than in title 10 or title 37, United States Code, or 

3 in any regulation, document, record, or other paper of the 

4 United States, to the Department of the Navy shall be 

5 considered to be a reference to the Department of the 

6 Navy and Marine Corps. Any such reference to an office 

7 specified in subsection (b)(2) shall be considered to be a 

8 reference to that office as redesignated by that subsection. 

9 (f) EFFECTIVE DATE.—This section and the amend10 ments made by this section shall take effect on the first 

11 day of the first month beginning more than 60 days after 

12 the date of the enactment of this Act. 

13 Subtitle B—Space Activities 

14 SEC. 911. DESIGNATION OF SUCCESSOR ORGANIZATIONS 

15 FOR THE DISESTABLISHED INTERAGENCY 

16 GLOBAL POSITIONING EXECUTIVE BOARD. 

17 (a) SUCCESSOR ORGANIZATIONS.—Section 8 of the 

18 Commercial Space Transportation Competitiveness Act of 

19 2000 (10 U.S.C. 2281 note) is amended by striking ‘‘by 

20 Congress’’ and all that follows and inserting ‘‘for the func21 tions and activities of the following organizations estab22 lished pursuant to the national security presidential direc23 tive issued December 8, 2004 (and any successor organi24 zation, to the extent the successor organization performs 

25 the functions of the specified organization): 


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1 ‘‘(1) The interagency committee known as the 

2 National Space-Based Positioning, Navigation, and 

3 Timing Executive Committee. 

4 ‘‘(2) The support office for the committee speci5 fied in paragraph (1) known as the National Space6 Based Positioning, Navigation, and Timing Coordi7 nation Office. 

8 ‘‘(3) The Federal advisory committee known as 

9 the National Space-Based Positioning, Navigation, 

10 and Timing Advisory Board.’’. 

11 (b) CLARIFICATION.—Such section is further amend12 ed by striking ‘‘interagency funding’’ and inserting ‘‘multi13 agency funding’’. 

14 SEC. 912. EXTENSION OF AUTHORITY FOR PILOT PROGRAM 

15 FOR PROVISION OF SPACE SURVEILLANCE 

16 NETWORK SERVICES TO NON-UNITED STATES 

17 GOVERNMENT ENTITIES. 

18 Section 2274(i) of title 10, United States Code, is 

19 amended by striking ‘‘shall be conducted’’ and all that fol20 lows and inserting ‘‘may be conducted through September 

21 30, 2009.’’. 

22 SEC. 913. OPERATIONALLY RESPONSIVE SPACE. 

23 (a) OPERATIONALLY RESPONSIVE SPACE PROGRAM

24 OFFICE.— 


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1 (1) ESTABLISHMENT OF OFFICE.—Section 

2 2273a of title 10, United States Code, is amended 

3 to read as follows: 

4 ‘‘§ 2273a. Operationally Responsive Space Program 

5 Office 

6 ‘‘(a) ESTABLISHMENT OF OFFICE.—(1) The Sec7 retary of Defense shall establish within the Department 

8 of Defense an office to be known as the Operationally Re9 sponsive Space Program Office. 

10 ‘‘(2) The head of the Office shall be the official in 

11 the Department of Defense who is designated by the Sec12 retary of Defense as the Department of Defense Executive 

13 Agent for Space. 

14 ‘‘(b) MISSION.—The mission of the Office shall be to 

15 contribute to the development of low-cost, rapid reaction 

16 payloads, spacelift, and launch control capabilities in order 

17 to fulfill joint military operational requirements for on-de18 mand space support or reconstitution. The Office shall 

19 manage the program element required under subsection 

20 (g). 

21 ‘‘(c) ORGANIZATION.—The Office shall be organized 

22 into integrated and co-located elements that include the 

23 following: 


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1 ‘‘(1) A science and technology section, which 

2 shall perform the functions specified in subsection 

3 (d). 

4 ‘‘(2) An operations section, which shall perform 

5 the functions specified in subsection (e). 

6 ‘‘(3) An acquisition section, which shall perform 

7 the functions specified in subsection (f). 

8 ‘‘(d) SCIENCE AND TECHNOLOGY.—As directed by 

9 the head of the Office, the science and technology section 

10 shall pursue innovative approaches to the development of 

11 capabilities for operationally responsive space through 

12 basic and applied research focused on (but not limited to) 

13 payloads, bus, and launch equipment. 

14 ‘‘(e) OPERATIONS.—As directed by the head of the 

15 Office, the operations section shall serve as the primary 

16 intermediary between the Office and the combatant com17 mands in order to— 

18 ‘‘(1) ascertain the needs of the warfighter; and 

19 ‘‘(2) integrate operationally responsive space capabili20 ties into— 

21 ‘‘(A) operations plans of the combatant com22 mands; 

23 ‘‘(B) techniques, tactics, and procedures of the 

24 military departments; and 


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1 ‘‘(C) military exercises, demonstrations, and 

2 war games. 

3 ‘‘(f) ACQUISITION.—(1) As directed by the head of 

4 the Office, the acquisition section shall undertake the ac5 quisition of systems necessary to integrate, sustain, and 

6 launch assets for operationally responsive space. 

7 ‘‘(2) In the case of any system or subsystem to be 

8 acquired by the Office, the acquisition may be carried out 

9 only after the commander of the United States Strategic 

10 Command has validated the system requirements for the 

11 system or subsystem to be acquired. 

12 ‘‘(3) The commander of the United States Strategic 

13 Command shall participate in the approval of any acquisi14 tion program initiated by the Office. 

15 ‘‘(g) REQUIRED PROGRAM ELEMENT.—(1) The Sec16 retary of Defense shall ensure that, within budget pro17 gram elements for space programs of the Department of 

18 Defense— 

19 ‘‘(A) that there is a separate, dedicated pro20 gram element for operationally responsive national 

21 security payloads and buses of the Department of 

22 Defense for space satellites; and 

23 ‘‘(B) that programs and activities for such pay24 loads and buses are planned, programmed, and 

25 budgeted for through that program element. 


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1 ‘‘(2) In this subsection, the term ‘operationally re2 sponsive’, with respect to a national security payload and 

3 bus for a space satellite, means an experimental or oper4 ational payload and bus with a weight not in excess of 

5 5,000 pounds that— 

6 ‘‘(A) can be developed and acquired within 18 

7 months after authority to proceed with development 

8 is granted; and 

9 ‘‘(B) is responsive to requirements for capabili10 ties at the operational and tactical levels of war11 fare.’’. 

12 (2) CLERICAL AMENDMENT.—The item relating 

13 to that section in the table of sections at the begin14 ning of chapter 135 of such title is amended to read 

15 as follows: 

‘‘2273a. Operationally Responsive Space Program Office.’’. 

16 (b) PLAN FOR OPERATIONALLY RESPONSIVE

17 SPACE.— 

18 (1) PLAN REQUIRED.—Not later than 180 days 

19 after the date of the enactment of this Act, the Sec20 retary of Defense shall submit to the congressional 

21 defense committees a report setting forth a plan for 

22 the acquisition by the Department of Defense of ca23 pabilities for operationally responsive space to sup24 port the warfighter. 


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1 (2) ELEMENTS.—The plan required by para2 graph (1) shall include the following: 

3 (A) An identification of the capabilities re4 quired by the Department to fulfill the mission 

5 of the Department with respect to operationally 

6 responsive space. 

7 (B) An identification of the roles and mis8 sions of each military department, Defense 

9 Agency, and other component or element of the 

10 Department of Defense for the fulfillment of 

11 the mission of the Department with respect to 

12 operationally responsive space. 

13 (C) A description of the chain of command 

14 and reporting structure of the Operationally 

15 Responsive Space Program Office established 

16 under section 2273a of title 10, United States 

17 Code, as amended by subsection (a). 

18 (D) A description of the classification of 

19 information required for that Office in order to 

20 ensure that the Office carries out its respon21 sibilities in a proper and efficient manner. 

22 (E) A description of the acquisition policies 

23 and procedures applicable to that Office, includ24 ing a description of any legislative or adminis25 trative action necessary to provide the Office 


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1 additional acquisition authority to carry out its 

2 responsibilities. 

3 (F) A complete schedule for the implemen4 tation of the plan. 

5 (G) The funding required to implement the 

6 plan over the course of the future-years defense 

7 program under section 221 of title 10, United 

8 States Code, in effect as of the submission of 

9 the plan. 

10 (3) DEFINITION.—In this subsection, the term 

11 ‘‘operationally responsive space’’ means the develop12 ment and launch of space assets upon demand in a 

13 low-cost manner. 

14 Subtitle C—Chemical 

15 Demilitarization Program 

16 SEC. 921. TRANSFER TO SECRETARY OF THE ARMY OF RE17 SPONSIBILITY FOR ASSEMBLED CHEMICAL 

18 WEAPONS ALTERNATIVES PROGRAM. 

19 Effective January 1, 2007, the text of section 142 

20 of the Strom Thurmond National Defense Authorization 

21 Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 

22 1521 note) is amended to read as follows: 

23 ‘‘(a) PROGRAM MANAGEMENT.—(1) The program 

24 manager for the Assembled Chemical Weapons Alter25 natives program shall report to the Secretary of the Army. 


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1 ‘‘(2) The Secretary of the Army shall provide for that 

2 program to be managed as part of the management orga3 nization within the Department of the Army specified in 

4 section 1412(e) of Public Law 99–145 (50 U.S.C. 

5 1521(e)). 

6 ‘‘(b) CONTINUED IMPLEMENTATION OF PREVIOUSLY

7 SELECTED ALTERNATIVE TECHNOLOGIES.—(1) In car8 rying out the destruction of lethal chemical munitions at 

9 Pueblo Chemical Depot, Colorado, the Secretary of the 

10 Army shall continue to implement fully the alternative 

11 technology for such destruction at that depot selected by 

12 the Under Secretary of Defense for Acquisition, Tech13 nology, and Logistics on July 16, 2002. 

14 ‘‘(2) In carrying out the destruction of lethal chem15 ical munitions at Blue Grass Army Depot, Kentucky, the 

16 Secretary of the Army shall continue to implement fully 

17 the alternative technology for such destruction at that 

18 depot selected by the Under Secretary of Defense for Ac19 quisition, Technology, and Logistics on February 3, 

20 2003.’’. 


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1 SEC. 922. COMPTROLLER GENERAL REVIEW OF COST-BEN2 EFIT ANALYSIS OF OFF-SITE VERSUS ON-SITE 

3 TREATMENT AND DISPOSAL OF HYDROLY4 SATE DERIVED FROM NEUTRALIZATION OF 

5 VX NERVE GAS AT NEWPORT CHEMICAL 

6 DEPOT, INDIANA. 

7 (a) REVIEW REQUIRED.—Not later than December 

8 1, 2006, the Comptroller General shall submit to Congress 

9 a report containing a review of the cost-benefit analysis 

10 prepared by the Secretary of the Army entitled ‘‘Cost-Ben11 efit Analysis of Off-Site Versus On-Site Treatment and 

12 Disposal of Newport Caustic Hydrolysate’’ and dated 

13 April 24, 2006. 

14 (b) CONTENT OF REVIEW.—In conducting the review 

15 under subsection (a), the Comptroller General shall con16 sider and assess at a minimum the following matters: 

17 (1) The adequacy of the rationale contained in 

18 the cost-benefit analysis referred to in subsection (a) 

19 in dismissing five of the eight technologies for hy20 drolysate treatment directed for consideration on 

21 page 116 of the the Report of the Committee on 

22 Armed Services of the House of Representatives on 

23 H.R. 1815 (House Report 109–89). 

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1 tions, such as constructing a wastewater disposal 

2 system at the Newport Chemical Depot. 

3 (3) The adequacy of the cost-benefit analysis 

4 presented for the three technologies considered. 

5 (c) DELAY PENDING REPORT.—The Secretary of the 

6 Army shall not proceed with any action to transport or 

7 relocate neutralized bulk nerve agent (other than those 

8 small quantities necessary for laboratory evaluation of the 

9 disposal process) from the Newport Chemical Depot 

10 until— 

11 (1) the report required by subsection (a) is sub12 mitted; and 

13 (2) a period of 60 days expires after the sub14 mission of the report. 

15 SEC. 923. SENSE OF CONGRESS REGARDING THE SAFE AND 

16 EXPEDITIOUS DISPOSAL OF CHEMICAL 

17 WEAPONS. 

18 (a) FINDINGS.—Congress makes the following find19 ings: 

20 (1) The disposal of chemical weapons needs to 

21 be accomplished as safely and expeditiously as pos22 sible. 

23 (2) It is apparent, however, that any disposal 

24 method for chemical weapons that involves the 


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1 transportation of chemical munitions or processed 

2 chemical munitions is difficult to implement 

3 (b) SENSE OF CONGRESS.—In light of these findings, 

4 it is the sense of Congress that, when chemical munitions 

5 or processed chemical munitions are proposed for treat6 ment or disposal at a location remote from the location 

7 where the munitions are stored— 

8 (1) the method of actually selecting the disposal 

9 location should be free from political interference; 

10 and 

11 (2) a process like that used for selecting and 

12 approving military installations for closure or re13 alignment should be considered. 

14 Subtitle D—Intelligence-Related 

15 Matters 

16 SEC. 931. REPEAL OF TERMINATION OF AUTHORITY OF 

17 SECRETARY OF DEFENSE TO ENGAGE IN 

18 COMMERCIAL ACTIVITIES AS SECURITY FOR 

19 INTELLIGENCE COLLECTION ACTIVITIES 

20 ABROAD. 

21 Section 431(a) of title 10, United States Code, is 

22 amended by striking the last sentence. 

23 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. 


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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 lowerthan-expected 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. 

Sec. 1026. Assignment of members of the Armed Forces to assist Bureau of 

Customs and Border Protection and United States Immigration and Customs Enforcement. 

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. 


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Sec. 1041. Authorization to expire clearances revoked. 

Sec. 1042. Report on Department of Defense response to threat posed by improvised explosive devices. 

Sec. 1043. Determination of Department of Defense intratheater and intertheater airlift and sealift mobility requirements. 

Sec. 1044. Department of Defense operational plans for Armed Forces support 

for civil authorities. 

Sec. 1045. Requirement that all military wheeled vehicles used in Iraq and Afghanistan outside of military compounds be equipped with effective improvised explosive device (IED) jammers. 

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 

19 section to transfer authorizations— 


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1 (1) may only be used to provide authority for 

2 items that have a higher priority than the items 

3 from which authority is transferred; and 

4 (2) may not be used to provide authority for an 

5 item that has been denied authorization by Con6 gress. 

7 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

8 transfer made from one account to another under the au9 thority of this section shall be deemed to increase the 

10 amount authorized for the account to which the amount 

11 is transferred by an amount equal to the amount trans12 ferred. 

13 (d) NOTICE TO CONGRESS.—The Secretary shall 

14 promptly notify Congress of each transfer made under 

15 subsection (a). 

16 SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL APPRO17 PRIATIONS FOR FISCAL YEAR 2006. 

18 Amounts authorized to be appropriated to the De19 partment of Defense and the Department of Energy for 

20 fiscal year 2006 in the National Defense Authorization 

21 Act for Fiscal Year 2006 (Public Law 109–163) are here22 by adjusted, with respect to any such authorized amount, 

23 by the amount by which appropriations pursuant to such 

24 authorization are increased by a supplemental appropria25 tion or decreased by a rescission, or both, or are increased 


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1 by a transfer of funds, pursuant to an emergency supple2 mental appropriations Act for 2006. 

3 SEC. 1003. INCREASE IN FISCAL YEAR 2006 GENERAL 

4 TRANSFER AUTHORITY. 

5 Section 1001(a)(2) of the National Defense Author6 ization Act for Fiscal Year 2006 (Public Law 109–163; 

7 119 Stat. 3418) is amended by striking ‘‘$3,500,000,000’’ 

8 and inserting ‘‘$3,750,000,000’’. 

9 SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COM10 MON-FUNDED BUDGETS IN FISCAL YEAR 2007. 

11 (a) FISCAL YEAR 2007 LIMITATION.—The total 

12 amount contributed by the Secretary of Defense in fiscal 

13 year 2007 for the common-funded budgets of NATO may 

14 be any amount up to, but not in excess of, the amount 

15 specified in subsection (b) (rather than the maximum 

16 amount that would otherwise be applicable to those con17 tributions under the fiscal year 1998 baseline limitation). 

18 (b) TOTAL AMOUNT.—The amount of the limitation 

19 applicable under subsection (a) is the sum of the following: 

20 (1) The amounts of unexpended balances, as of 

21 the end of fiscal year 2006, of funds appropriated 

22 for fiscal years before fiscal year 2007 for payments 

23 for those budgets. 

24 (2) The amount specified in subsection (c)(1). 

25 (3) The amount specified in subsection (c)(2). 


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1 (4) The total amount of the contributions au2 thorized to be made under section 2501. 

3 (c) AUTHORIZED AMOUNTS.—Amounts authorized to 

4 be appropriated by titles II and III of this Act are avail5 able for contributions for the common-funded budgets of 

6 NATO as follows: 

7 (1) Of the amount provided in section 201(1), 

8 $797,000 for the Civil Budget. 

9 (2) Of the amount provided in section 301(1), 

10 $310,277,000 for the Military Budget. 

11 (d) DEFINITIONS.—For purposes of this section: 

12 (1) COMMON-FUNDED BUDGETS OF NATO.— 

13 The term ‘‘common-funded budgets of NATO’’ 

14 means the Military Budget, the Security Investment 

15 Program, and the Civil Budget of the North Atlantic 

16 Treaty Organization (and any successor or addi17 tional account or program of NATO). 

18 (2) FISCAL YEAR 1998 BASELINE LIMITATION.— 

19 The term ‘‘fiscal year 1998 baseline limitation’’ 

20 means the maximum annual amount of Department 

21 of Defense contributions for common-funded budgets 

22 of NATO that is set forth as the annual limitation 

23 in section 3(2)(C)(ii) of the resolution of the Senate 

24 giving the advice and consent of the Senate to the 

25 ratification of the Protocols to the North Atlantic 


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1 Treaty of 1949 on the Accession of Poland, Hun2 gary, and the Czech Republic (as defined in section 

3 4(7) of that resolution), approved by the Senate on 

4 April 30, 1998. 

5 SEC. 1005. REPORT ON BUDGETING FOR FLUCTUATIONS IN 

6 FUEL COST RATES. 

7 (a) SECRETARY OF DEFENSE REPORT.— 

8 (1) REPORT ON BUDGETING FOR FUEL COST

9 FLUCTUATIONS.—Not later than January 15, 2007, 

10 the Secretary of Defense shall submit to the Com11 mittee on Armed Services of the Senate and the 

12 Committee on Armed Services of the House of Rep13 resentatives a report on the fuel rate and cost pro14 jection used in the annual Department of Defense 

15 budget presentation. 

16 (2) MATTERS TO BE INCLUDED.—In the report 

17 under paragraph (1), the Secretary shall— 

18 (A) identify alternative approaches for se19 lecting fuel rates that would produce more real20 istic estimates of amounts required to be appro21 priated or otherwise made available for the De22 partment of Defense to accommodate fuel rate 

23 fluctuations; 


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1 (B) discuss the advantages and disadvan2 tages of each approach identified pursuant to 

3 subparagraph (A); and 

4 (C) identify the Secretary’s preferred ap5 proach among the alternative identified pursu6 ant to subparagraph (A) and provide the Sec7 retary’s rationale for preferring that approach. 

8 (3) IDENTIFICATION OF ALTERNATIVE AP9 PROACHES.—In identifying alternative approaches 

10 pursuant to paragraph (2)(A), the Secretary shall 

11 examine— 

12 (A) approaches used by other Federal de13 partments and agencies; and 

14 (B) the feasibility of using private eco15 nomic forecasting. 

16 (b) COMPTROLLER GENERAL REVIEW AND RE17 PORT.—The Comptroller General shall review the report 

18 under subsection (a), including the basis for the Sec19 retary’s conclusions stated in the report, and shall submit, 

20 not later than March 15, 2007, to the Committee on 

21 Armed Services of the Senate and the Committee on 

22 Armed Services of the House of Representatives a report 

23 containing the results of that review. 


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1 SEC. 1006. REDUCTION IN AUTHORIZATIONS DUE TO SAV2 INGS RESULTING FROM LOWER-THAN-EX3 PECTED INFLATION. 

4 (a) REDUCTION.—The total amount authorized to be 

5 appropriated by titles I, II, and III is the amount equal 

6 to the sum of the separate amounts authorized to be ap7 propriated by those titles reduced by $1,583,000,000. 

8 (b) SOURCE OF SAVINGS.—Reduction required in 

9 order to comply with subsection (a) shall be derived from 

10 savings resulting from lower-than-expected inflation. 

11 (c) ALLOCATION OF REDUCTION.—The Secretary of 

12 Defense shall allocate the reduction required by subsection 

13 (a) among the amounts authorized to be appropriated for 

14 accounts in title I, II, and III to reflect the extent to which 

15 net savings from lower-than-expected inflation are allo16 cable to amounts authorized to be appropriated to those 

17 accounts. 

18 Subtitle B—Policy Relating to 

19 Vessels and Shipyards 

20 SEC. 1011. TRANSFER OF NAVAL VESSELS TO FOREIGN NA21 TIONS BASED UPON VESSEL CLASS. 

22 Section 7307(a) of title 10, United States Code, is 

23 amended— 

24 (1) by striking ‘‘disposition of that vessel is ap25 proved’’ and inserting ‘‘disposal of that vessel, or of 


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1 a vessel of the class of that vessel, is authorized’’; 

2 and 

3 (2) by adding at the end the following new sen4 tences: ‘‘In the case of an authorization by law for 

5 the disposal of such a vessel that names a specific 

6 vessel as being authorized for such disposal, the Sec7 retary of Defense may substitute another vessel of 

8 the same class, if the vessel substituted has virtually 

9 identical capabilites as the named vessel. In the case 

10 of an authorization by law for the disposal of vessels 

11 of a specified class, the Secretary may dispose of 

12 vessels of that class pursuant to that authorization 

13 only in the number of such vessels specified in that 

14 law as being authorized for disposal.’’. 

15 SEC. 1012. OVERHAUL, REPAIR, AND MAINTENANCE OF VES16 SELS IN FOREIGN SHIPYARDS. 

17 (a) IN GENERAL.—Section 7310 of title 10, United 

18 States Code, is amended to read as follows: 

19 ‘‘§ 7310. Overhaul, repair, etc. of vessels in foreign 

20 shipyards 

21 ‘‘(a) IN GENERAL.—A vessel covered by this section 

22 the homeport of which is in the United States may not 

23 be overhauled, repaired, or maintained in a shipyard out24 side the United States, other than in the case of emer25 gency voyage repairs. 


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1 ‘‘(b) COVERED VESSELS.—(1) Vessels covered by this 

2 section are the following: 

3 ‘‘(A) Any naval vessel. 

4 ‘‘(B) Any other vessel under the jurisdiction of 

5 the Secretary of the Navy, including any vessel 

6 under the jurisdiction of the Military Sealift Com7 mand that is owned or chartered by the United 

8 States. 

9 ‘‘(2)(A) Notwithstanding paragraph (1), a naval ves10 sel or other vessel certified by the Secretary of the Navy 

11 that is deployed conducting special mission operations is 

12 not subject to this section. 

13 ‘‘(B) The Secretary of the Navy shall submit to the 

14 congressional defense committees each year a written cer15 tification of those vessels that are excluded from this sec16 tion. The certification shall be submitted each year with 

17 the annual submission of the Navy budget justification 

18 materials. 

19 ‘‘(c) CERTAIN VESSELS TO BE CONSIDERED TO BE

20 HOMEPORTED IN UNITED STATES.—In the case of a ves21 sel that does not have a designated homeport, the vessel 

22 shall be considered to have a homeport in the United 

23 States for the purposes of this section if any of the fol24 lowing applies to the vessel during the preceding 12-month 

25 period: 


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1 ‘‘(1) The vessel has operated within 1,400 nau2 tical miles of the United States. 

3 ‘‘(2) The vessel has returned to the United 

4 States more than two times. 

5 ‘‘(3) The vessel has made a port call or return 

6 to the United States that exceeded seven days. 

7 ‘‘(d) VESSEL CHANGING HOMEPORTS.—(1) In the 

8 case of a vessel covered by this section the homeport of 

9 which is not in the United States, the Secretary of the 

10 Navy may not during the 15-month period preceding the 

11 planned reassignment of the vessel to a homeport in the 

12 United States begin any work for the overhaul, repair, or 

13 maintenance of the vessel that is scheduled to be for a 

14 period of more than six months 

15 ‘‘(2) In the case of a vessel covered by this section 

16 the homeport of which is in the United States, the Sec17 retary of the Navy shall— 

18 ‘‘(A) not less than 60 days before designating 

19 a homeport for that vessel at a location outside the 

20 United States, submit to Congress notification in 

21 writing of the intent to designate a homeport for 

22 that vessel outside the United States, together with 

23 the reasons for that designation; and 

24 ‘‘(B) during the 15-month period preceding the 

25 planned reassignment of the vessel to a homeport 


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1 not in the United States, perform in the United 

2 States any work for the overhaul, repair, or mainte3 nance of the vessel that is scheduled— 

4 ‘‘(i) to begin during the 15-month period; 

5 and 

6 ‘‘(ii) to be for a period of more than six 

7 months. 

8 ‘‘(e) DEFINITIONS.—In this section: 

9 ‘‘(1)(A) The term ‘emergency voyage repair’ 

10 means the following: 

11 ‘‘(i) Repairs on mission-essential or safety12 essential items that are needed for a vessel to 

13 deploy, to continue on a deployment, or to com14 ply with regulatory requirements. 

15 ‘‘(ii) Standard maintenance, but only to 

16 the extent that such maintenance is absolutely 

17 necessary to ensure machinery and equipment 

18 operational reliability or to comply with regu19 latory requirements. 

20 ‘‘(iii) Repair or maintenance that is not ex21 ecuted with a contract request for proposal. 

22 ‘‘(B) Such term does not include corrective 

23 maintenance actions that may be deferred until the 

24 next scheduled regular overhaul and dry docking 

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1 out degrading operational readiness, habitability 

2 standards, or personnel safety or adversely affecting 

3 regulatory compliance. 

4 ‘‘(2) The term ‘United States’, when used in a 

5 geographic sense, includes the Commonwealth of 

6 Puerto Rico, the Commonwealth of the Northern 

7 Mariana Islands, Guam, and the Virgin Islands.’’. 

8 (b) EFFECTIVE DATE.—Subsection (c) of section 

9 7310 of title 10, United States Code, as amended by sub10 section (a), shall take effect on October 1, 2006, or the 

11 date of the enactment of this Act, whichever is later, and 

12 shall apply only with respect to events specified in para13 graphs (1), (2), and (3) of that subsection occurring on 

14 or after that effective date. 

15 (c) LIMITATION ON APPLICATION TO VESSEL OPER16 ATING UNDER EXISTING CHARTER.—This section does 

17 not affect the application of section 7310 of title 10, 

18 United States Code, to a vessel operating under a charter 

19 to the United States in effect on the date of the enactment 

20 of this Act, unless such charter is terminated or renewed 

21 after such date of enactment. 

22 SEC. 1013. REPORT ON OPTIONS FOR FUTURE LEASE AR23 RANGEMENT FOR GUAM SHIPYARD. 

24 (a) REPORT REQUIRED.—Not later than December 

25 15, 2006, the Secretary of the Navy shall submit to the 


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1 Committee on Armed Services of the Senate and the Com2 mittee on Armed Service of the House of Representatives 

3 a report describing the options available with respect to 

4 the Guam Shipyard in Santa Rita, Guam. 

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

6 under subsection (a) shall include the following: 

7 (1) An evaluation of the performance of the en8 tities that, as of the date of the enactment of this 

9 Act, are the lessee and operators of the Guam Ship10 yard under the terms of the lease in effect on the 

11 date of the enactment of this Act. 

12 (2) An evaluation of each of the following op13 tions with respect to the Guam Shipyard lease: 

14 (A) Terminating the remaining term of the 

15 lease and issuing a new 25 year lease with the 

16 same entity. 

17 (B) Terminating the remaining term of the 

18 lease with respect to the approximately 73 acres 

19 within the Guam Shipyard that are required for 

20 mission requirements and leaving the remaining 

21 term of the lease in effect with respect to the 

22 approximately 27 acres within the Facility that 

23 are not required for mission requirements. 

24 (C) Terminating the remaining term of the 

25 lease and negotiating a new use arrangement 


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1 with a different lessee or operator. The new use 

2 arrangement options shall include: 

3 (i) Government-owned and govern4 ment-operated facility. 

5 (ii) Government-owned and con6 tractor-operated facility. 

7 (iii) Government-leased property for 

8 contractor-owned and contractor-operated 

9 facility. 

10 (c) OPTIONS FOR NEW USE ARRANGEMENTS.—In 

11 evaluating the options under subsection (b)(2)(C), the 

12 Secretary of the Navy shall include an evaluation of each 

13 of the following: 

14 (1) The anticipated future military vessel repair 

15 and workload on Guam in relation to the 2006 

16 Quadrennial Defense Review, issued on February 6, 

17 2006, pursuant to section 118 of title 10, United 

18 States Code. 

19 (2) The anticipated military vessel repair and 

20 workload attributable to vessels comprising the Mar21 itime Prepositioning Ship Squadron Three. 

22 (3) The anticipated military vessel repair and 

23 workload due to a change in section 7310 of title 10, 

24 United States Code, that would designate Guam as 

25 a United States homeport facility. 


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1 (4) The expected workload if the submarine 

2 tender the U.S.S. Frank Cable (AS–40) is decom3 missioned. 

4 (5) The estimated reacquisition costs of trans5 ferred Government property. 

6 (6) Costs to improve floating dry dock mooring 

7 certification and required nuclear certification for 

8 the floating dry dock designated as AFDB–8 to con9 duct the following maintenance: 

10 (A) Dry-docking selected restricted avail11 abilities and mid-term availability for attack 

12 submarines. 

13 (B) Dry-docking phased maintenance 

14 availabilities for amphibious vessels, including 

15 to amphibious assault ships, dock landing ships, 

16 and amphibious transport dock ships. 

17 (C) Dry-docking phased maintenance avail18 abilities for surface combatants, including cruis19 ers, destroyers, and frigates. 

20 (7) Commercial opportunities for development 

21 to expand commercial ship repair and general indus22 trial services, given anti-terrorism force protection 

23 requirements at the current facility. 

24 (8) Estimates from three contractors for the 

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1 cuting a multiship, multioption contract that would 

2 generate a minimum 60,000 manday commitment 

3 for the Department of the Navy and Military Sealift 

4 Command vessels. 

5 (9) A projection of the maintenance and repair 

6 costs associated with executing a minimum 60,000 

7 mandays for the Department of the Navy and Mili8 tary Sealift Command vessels as a Government9 owned and Government-operated Navy ship repair 

10 facility. 

11 (d) INPUT FROM CONTRACTORS.—In evaluating the 

12 options under clauses (ii) and (iii) of subsection (b)(2)(C) 

13 for the purposes of paragraphs (1), (2), and (3) of sub14 section (c), the Secretary of the Navy shall seek input 

15 from at least three contractors on the viability of oper16 ations based on the projected workload fiscal years 2008 

17 through 2013. 

18 (e) RECOMMENDATIONS.—The Secretary of the Navy 

19 shall include in the report the following: 

20 (1) The recommendations of the Secretary with 

21 respect to continuation of the existing Guam Ship22 yard lease based on evaluations conducted pursuant 

23 to subsection (b)(1). 

24 (2) The option under subsection (b)(2) that the 

25 Secretary recommends for fiscal year 2008. 


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1 (f) GAO REPORT.—Not later than March 1, 2007, 

2 the Comptroller General shall submit to the Committee 

3 on Armed Services of the Senate and the Committee on 

4 Armed Service of the House of Representatives a report 

5 evaluating the report submitted by the Secretary of the 

6 Navy under subsection (a). The report shall include the 

7 option under subsection (b)(2) that the Secretary rec8 ommends for fiscal year 2008. 

9 (g) SUPPORT FOR NATIONAL STRATEGIC OBJEC10 TIVES.—For fiscal year 2007, the Secretary of the Navy, 

11 under the authority of section 2304(c)(3) of title 10, 

12 United States Code, and section 6.302–3(a)(2)(i) of the 

13 Federal Acquisition Regulation, shall award contracts to 

14 the Guam Shipyard in amounts equal to the average 

15 amount of the mandays contracts awarded to the Guam 

16 Shipyard for fiscal years 1998 through 2006 for the pur17 pose of maintaining the industrial base in case of a na18 tional emergency or to achieve industrial mobilization. 

19 SEC. 1014. SHIPBUILDING INDUSTRIAL BASE IMPROVE20 MENT PROGRAM. 

21 (a) PROGRAM FOR UNITED STATES PRIVATE SHIP22 YARDS.—The Secretary of the Navy shall establish a pro23 gram, to be known as the Shipbuilding Industrial Base 

24 Improvement Program, under which the Secretary— 


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1 (1) shall make grants to qualified applicants to 

2 facilitate the development of innovative design and 

3 production technologies and processes for naval ves4 sel construction and the development of modernized 

5 shipbuilding infrastructure; and 

6 (2) shall provide loan guarantees for qualifying 

7 shipyards to facilitate the acquisition by such ship8 yards of technologies, processes, and infrastructure 

9 to improve their productivity and cost effectiveness. 

10 (b) PURPOSES OF PROGRAM.—The purposes of the 

11 program established under subsection (a) are— 

12 (1) to improve the efficiency and cost-effective13 ness of the construction of naval vessels for the 

14 United States; 

15 (2) to enhance the quality of naval vessel con16 struction; and 

17 (3) to promote the international competitiveness 

18 of United States shipyards for the construction of 

19 commercial ships and naval ships intended for sale 

20 to foreign governments. 

21 (c) SELECTION OF GRANT RECIPIENTS.— 

22 (1) APPLICATION FOR DEVELOPMENT FUND23 ING.—An entity requesting a grant under subsection 

24 (a)(1) to develop new design or production tech25 nologies or processes for naval vessels or to improve 


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1 shipbuilding infrastructure shall submit to the Sec2 retary of the Navy an application that describes the 

3 proposal of the entity and provides evidence of its 

4 capability to develop one or more of the following: 

5 (A) Numerically controlled machine tools, 

6 robots, automated process control equipment, 

7 computerized flexible manufacturing systems, 

8 associated computer software, and other tech9 nology designed to improve shipbuilding and re10 lated industrial productivity. 

11 (B) Novel techniques and processes de12 signed to improve shipbuilding quality, produc13 tivity, and practice on a broad and sustained 

14 basis, including in such areas as engineering de15 sign, quality assurance, concurrent engineering, 

16 continuous process production technology, em17 ployee skills enhancement, and management of 

18 customers and suppliers. 

19 (C) Technology, techniques, and processes 

20 appropriate to enhancing the productivity of 

21 shipyard infrastructure. 

22 (2) SELECTION .—From applications submitted 

23 under paragraph (1), the Secretary of the Navy shall 

24 select entities to receive funds under subsection 

25 (a)(1) based on their ability to research and develop 


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1 innovative technologies, processes, and infrastructure 

2 to alleviate areas of shipyard construction inefficien3 cies as determined through the assessment described 

4 in subsection (f). 

5 (d) MATCHING REQUIREMENT FOR GRANTS.— 

6 (1) FEDERAL FUNDING.—Except as provided in 

7 paragraph (2), Federal funds from a grant under 

8 subsection (a)(1) for any purpose shall not exceed 

9 75 percent of the total cost. 

10 (2) EXCEPTIONS.— 

11 (A) SMALL PROJECTS.—Paragraph (1) 

12 shall not apply to grants under this section for 

13 stand-alone projects costing not more than 

14 $25,000. The amount under this subparagraph 

15 shall be indexed to the consumer price index 

16 and modified each fiscal year after the annual 

17 publication of the consumer price index. 

18 (B) REDUCTION IN MATCHING REQUIRE19 MENT.—If the Secretary of the Navy deter20 mines that a proposed project merits support 

21 and cannot be undertaken without a higher per22 centage of Federal financial assistance, the Sec23 retary may award a grant for such project with 

24 a lesser matching requirement than is described 

25 in paragraph (1). 


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1 (e) LOAN GUARANTEES FOR SHIPYARD USE OF DE2 VELOPED TECHNOLOGIES, PROCESSES, AND INFRASTRUC3 TURE.— 

4 (1) IN GENERAL.—Upon making a determina5 tion that a technology, a process, or an infrastruc6 ture improvement (whether developed using a grant 

7 under subsection (a)(1), through the National Ship8 building Research Program, or otherwise) will im9 prove the productivity and cost-effectiveness of naval 

10 vessel construction, the Secretary of the Navy may 

11 provide a loan guarantee under subsection (a)(2) for 

12 a qualifying shipyard to facilitate the purchase by 

13 such shipyard of such technology, process, or infra14 structure improvement. 

15 (2) PAYMENT OF COST OF LOAN GUARANTEE.— 

16 The cost of a guarantee under this subsection shall 

17 be paid for with amounts made available in appro18 priations Acts. 

19 (3) PERCENTAGE LIMITATION; TERM.—A loan 

20 guarantee under this subsection may apply— 

21 (A) to up to 87.5 percent of the loan prin22 cipal; and 

23 (B) for a term of up to 30 years. 

24 (4) AUTHORITIES, PROCEDURES, REQUIRE25 MENTS, AND RESTRICTIONS.—The Secretary of the 


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1 Navy, subject to the other provisions of this sec2 tion— 

3 (A) in implementing this section, may exer4 cise authorities that are similar to the authori5 ties available to the Secretary of Transportation 

6 under title XI of the Merchant Marine Act, 

7 1936 (46 App. U.S.C. 1271 et seq.), with re8 spect to loan guarantees under that title; and 

9 (B) may establish such additional require10 ments for loan guarantees under this section as 

11 the Secretary determines to be necessary to 

12 minimize the cost of such guarantees. 

13 (5) LIMITATION ON TOTAL AMOUNT OF LOAN

14 GUARANTEES.—The total amount of loans for which 

15 guarantees are provided under this subsection may 

16 not exceed $1,000,000,000. 

17 (6) DEFINITIONS.—In this subsection: 

18 (A) QUALIFYING SHIPYARD.—The term 

19 ‘‘qualifying shipyard’’, with respect to a loan 

20 guarantee under this section, means a shipyard 

21 that, over the three years preceding the year in 

22 which the loan guarantee is made, derived less 

23 than 40 percent of its revenue either directly or 

24 indirectly from United States Government con25 tracts. 


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1 (B) COST.—The term ‘‘cost’’, with respect 

2 to a loan guarantee under this section, has the 

3 meaning given that term in section 502 of the 

4 Congressional Budget and Impoundment Con5 trol Act of 1974 (2 U.S.C. 661a), with cost for 

6 that purpose calculated assuming that the bor7 rowing entity receives no revenue directly or in8 directly from United States Government con9 tracts. 

10 (7) TERMINATION OF AUTHORITY.—The au11 thority of the Secretary of the Navy to provide loan 

12 guarantees under this subsection expires at the close 

13 of September 30, 2011. 

14 (f) ASSESSMENTS OF NAVAL VESSEL CONSTRUCTION

15 INEFFICIENCIES.— 

16 (1) PERIODIC ASSESSMENTS REQUIRED.—The 

17 Secretary of the Navy shall conduct, in the third 

18 quarter of each fiscal year or as often as necessary, 

19 an assessment of the following aspects of naval ves20 sel construction to determine where and to what ex21 tent inefficiencies exist and to what extent innovative 

22 design and production technologies, processes, and 

23 infrastructure can be developed to alleviate such in24 efficiencies: 


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1 (A) Program design, engineering, and pro2 duction engineering. 

3 (B) Organization and operating systems. 

4 (C) Steelwork production. 

5 (D) Ship construction and outfitting. 

6 (2) CONSIDERATION OF PRIOR ASSESSMENTS.— 

7 In making the assessments required by paragraph 

8 (1), the Secretary shall take into consideration the 

9 results of— 

10 (A) the study of the cost effectiveness of 

11 the ship construction program of the Navy re12 quired by section 1014 of the Ronald W. 

13 Reagan National Defense Authorization Act for 

14 Fiscal Year 2005 (Public Law 108–375; 118 

15 Stat. 2041); and 

16 (B) the assessment of the United States 

17 naval shipbuilding industry required by section 

18 254 of the National Defense Authorization Act 

19 for Fiscal Year 2006 (Public Law 109–163; 

20 119 Stat. 3180). 

21 (g) AVAILABILITY OF FUNDS.— 

22 (1) AUTHORITY SUBJECT TO AVAILABILITY OF

23 APPROPRIATIONS.—The authority of the Secretary 

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1 ject to the availability of appropriations for that pur2 pose. 

3 (2) FISCAL YEAR 2007.—Of the amount author4 ized to be appropriated pursuant to section 201(2) 

5 for research, development, test, and evaluation for 

6 the Navy for fiscal year 2007— 

7 (A) $50,000,000 shall be available to the 

8 Secretary of the Navy only to make grants 

9 under this section; and 

10 (B) $50,000,000 shall be available only for 

11 the cost (as defined in subsection (e)(6)(B)) of 

12 loan guarantees under this section. 

13 (h) IDENTIFICATION IN BUDGET OF ANNUAL

14 AMOUNT FOR SUPPORT OF NSRP ACTIVITIES.—Amounts 

15 in the budget of the President for any fiscal year for re16 search, development, test, and evaluation for the Navy 

17 that are intended to be made available for the National 

18 Shipbuilding Research Program shall be separately identi19 fied and set forth in budget justification materials sub20 mitted to Congress for that fiscal year in support of that 

21 budget. 

22 (i) DEFINITION OF SHIPYARD.—In this section, the 

23 term ‘‘shipyard’’ means a private shipyard located in the 

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1 tion, repair, and maintenance of United States naval ves2 sels. 

3 SEC. 1015. TRANSFER OF OPERATIONAL CONTROL OF CER4 TAIN PATROL COASTAL SHIPS TO COAST 

5 GUARD. 

6 Not later than September 30, 2008, the Secretary of 

7 the Navy shall enter into an agreement with the Com8 mandant of the Coast Guard for the transfer by the Sec9 retary of the Navy to the Coast Guard of operational con10 trol of not less than five 179-foot Cyclone-class patrol 

11 coastal ships for a period extending at least through Sep12 tember 30, 2012. 

13 SEC. 1016. LIMITATION ON LEASING OF FOREIGN-BUILT 

14 VESSELS. 

15 (a) IN GENERAL.—(1) Chapter 141 of title 10, 

16 United States Code, is amended by inserting after section 

17 2401a the following new section: 

18 ‘‘§ 2401b. Limitation on lease of foreign-built vessels 

19 ‘‘(a) LIMITATION.—The Secretary of a military de20 partment may not make a contract for a lease or charter 

21 of a vessel for a term of more than 24 months (including 

22 all options to renew or extend the contract) if the hull, 

23 or a component of the hull and superstructure of the ves24 sel, is constructed in a foreign shipyard. 


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1 ‘‘(b) PRESIDENTIAL WAIVER FOR NATIONAL SECU2 RITY INTEREST.—(1) The President may authorize excep3 tions to the limitation in subsection (a) when the President 

4 determines that it is in the national security interest of 

5 the United States to do so. 

6 ‘‘(2) The President shall transmit notice to Congress 

7 of any such determination, and no contract may be made 

8 pursuant to the exception authorized until the end of the 

9 30-day period beginning on the date on which the notice 

10 of the determination is received by Congress.’’. 

11 (2) The table of sections at the beginning of such 

12 chapter is amended by inserting after the item relating 

13 to section 2401a the following new item: 

‘‘2401b. Limitation on lease of foreign-built vessels.’’. 

14 (b) EFFECTIVE DATE.—Section 2401b of title 10, 

15 United States Code, as added by subsection (a), shall 

16 apply with respect to contracts entered into after the date 

17 of the enactment of this Act. 

18 SEC. 1017. OVERHAUL, REPAIR, AND MAINTENANCE OF VES19 SELS CARRYING DEPARTMENT OF DEFENSE 

20 CARGO. 

21 The Secretary of Defense may not award any con22 tract for the carriage by vessel of cargo for the Depart23 ment of Defense, unless the contract includes a require24 ment under which the contractor shall— 


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1 (1) ensure that all overhaul, repair, and mainte2 nance performed on the vessel during the period of 

3 the contract is performed in a shipyard located in 

4 the United States; or 

5 (2) report to the Secretary every fiscal year 

6 quarter all overhaul, repair, and maintenance per7 formed on the vessel in a shipyard located outside 

8 the United States during the period covered by the 

9 report. 

10 SEC. 1018. RIDING GANG MEMBER DOCUMENTATION RE11 QUIREMENT. 

12 (a) REQUIREMENT.—The Secretary of Defense may 

13 not award any charter of a vessel for the Department of 

14 Defense, or contract for the carriage of cargo by vessel 

15 for the Department of Defense, unless the charter or con16 tract, respectively, requires that each riding gang member 

17 that performs any work on the vessel during the effective 

18 period of the charter or contract holds a merchant mari19 ner’s document issued under chapter 73 of title 46, United 

20 States Code. 

21 (b) RIDING GANG MEMBER DEFINED.—In this sec22 tion the term ‘‘riding gang member’’ means an individual 

23 who— 

24 (1) does not perform— 


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1 (A) watchstanding, automated engine room 

2 duty watch, or personnel safety functions; or 

3 (B) cargo handling functions, including 

4 any activity relating to the loading or unloading 

5 of cargo, the operation of cargo-related equip6 ment (whether or not integral to the vessel), 

7 and the handling of mooring lines on the dock 

8 when the vessel is made fast or let go; 

9 (2) does not serve as part of the crew com10 plement required under section 8101 of title 46, 

11 United States Code; 

12 (3) is not a member of the steward’s depart13 ment; and 

14 (4) is not a citizen or temporary or permanent 

15 resident of a country designated by the United 

16 States as a sponsor of terrorism or any other coun17 try that the Secretary of Defense, in consultation 

18 with the Secretary of State and the heads of other 

19 appropriate United States agencies, determines to be 

20 a security threat to the United States. 

21 (c) LIMITATIONS ON APPLICATION.— 

22 (1) VESSEL OPERATING UNDER EXISTING

23 CHARTER OR CONTRACT.—This section does not 

24 apply with respect to a vessel operating under a 

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1 actment of this section, unless such charter or con2 tract is renewed after such date of enactment. 

3 (2) EXEMPTIONS BY SECRETARY OF DE4 FENSE.— 

5 (A) IN GENERAL.—The Secretary of De6 fense may issue regulations that exempt a 

7 riding gang member from subsection (a) for the 

8 performance of specific technical work on origi9 nal equipment of a vessel. 

10 (B) BACKGROUND CHECK.—Such regula11 tions shall include a requirement that a riding 

12 gang member must pass a background check 

13 before performing work under such an exemp14 tion. 

15 Subtitle C—Counter-Drug 

16 Activities 

17 SEC. 1021. RESTATEMENT IN TITLE 10, UNITED STATES 

18 CODE, AND REVISION OF DEPARTMENT OF 

19 DEFENSE AUTHORITY TO PROVIDE SUPPORT 

20 FOR COUNTER-DRUG ACTIVITIES OF FED21 ERAL, STATE, LOCAL, AND FOREIGN LAW EN22 FORCEMENT AGENCIES. 

23 (a) RESTATEMENT AND REVISION OF AUTHORITY.— 

24 Chapter 18 of title 10, United States Code, is amended 

25 by adding at the end a new section 383 consisting of— 


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1 (1) a heading as follows: 

2 ‘‘§ 383. Support for counter-drug activities: Federal, 

3 State, local, and foreign law enforcement 

4 agencies’’; and 

5 (2) a text consisting of the text of section 1004 

6 of the National Defense Authorization Act for Fiscal 

7 Year 1991 (Public Law 101–510; 10 U.S.C. 374 

8 note), revised as follows: 

9 (A) In subsection (a), by replacing ‘‘Dur10 ing fiscal years 2002 through 2006, the’’ with 

11 ‘‘The’’. 

12 (B) In subsection (e), by replacing ‘‘section 

13 376 of title 10, United States Code,’’ with ‘‘sec14 tion 376 of this title,’’. 

15 (C) In subsection (f), by deleting the par16 enthetical phrase beginning ‘‘(including train17 ing’’ and ending ‘‘1564))’’. 

18 (D) In subsection (g)— 

19 (i) in paragraph (1), by replacing 

20 ‘‘chapter 18, United States Code’’ with 

21 ‘‘this chapter’’; and 

22 (ii) in paragraph (2), by replacing 

23 ‘‘title 10, United States Code’’ with ‘‘this 

24 title’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

‘‘383. Support for counter-drug activities: Federal, State, local, and foreign law 

enforcement agencies.’’. 

4 (c) REPEAL OF FISCAL YEAR 1991 AUTHORITY.— 

5 Section 1004 of the National Defense Authorization Act 

6 for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 

7 374 note) is repealed. 

8 SEC. 1022. RESTATEMENT IN TITLE 10, UNITED STATES 

9 CODE, AND REVISION OF DEPARTMENT OF 

10 DEFENSE AUTHORITY TO PROVIDE SUPPORT 

11 FOR COUNTER-DRUG ACTIVITIES OF CER12 TAIN FOREIGN GOVERNMENTS. 

13 (a) RESTATEMENT AND REVISION OF AUTHORITY.— 

14 Chapter 18 of title 10, United States Code, is amended 

15 by inserting after section 383, as added by section 1021, 

16 a new section 384 consisting of— 

17 (1) a heading as follows: 

18 ‘‘§ 384. Support for counter-drug activities: foreign 

19 governments’’; and 

20 (2) a text consisting of the text of section 1033 

21 of the National Defense Authorization Act for Fiscal 

22 Year 1998 (Public Law 105–85; 111 Stat. 1881), 

23 revised as follows: 

24 (A) In subsection (a)(2)— 


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1 (i) by deleting the first sentence; and 

2 (ii) by replacing ‘‘the governments’’ 

3 with ‘‘those governments’’. 

4 (B) In subsection (b), by adding at the end 

5 the following new paragraphs: 

6 ‘‘(10) The Government of Azerbaijan. 

7 ‘‘(11) The Government of Kazakhstan. 

8 ‘‘(12) The Government of Kyrgyzstan. 

9 ‘‘(13) The Government of Guatemala. 

10 ‘‘(14) The Government of Belize. 

11 ‘‘(15) The Government of Panama.’’. 

12 (C) In subsection (c), by replacing para13 graphs (1), (2), and (3) with the following new 

14 paragraphs: 

15 ‘‘(1) The transfer of nonlethal protective and 

16 utility personnel equipment. 

17 ‘‘(2) The transfer of the following nonlethal 

18 specialized equipment: 

19 ‘‘(A) Navigation equipment. 

20 ‘‘(B) Secure and nonsecure communica21 tions equipment. 

22 ‘‘(C) Photo equipment. 

23 ‘‘(D) Radar equipment. 

24 ‘‘(E) Night vision systems. 


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1 ‘‘(3) The transfer of nonlethal components, ac2 cessories, attachments, parts (including ground sup3 port equipment), firmware, and software and repair 

4 equipment related to the equipment specified in 

5 paragraph (2). 

6 ‘‘(4) The transfer of patrol boats, vehicles, and 

7 aircraft and detection, interception, monitoring and 

8 testing equipment. 

9 ‘‘(5) The maintenance and repair or upgrade of 

10 equipment of the government that is used for 

11 counter-drug activities. 

12 ‘‘(6) For fiscal years 2007 and 2008, for the 

13 Government of Afghanistan only, individual and 

14 crew-served weapons of 50 caliber or less and am15 munition for such weapons for counter-narcotics se16 curity forces.’’. 

17 (D) In subsection (d), by replacing ‘‘the 

18 provisions of section 1004 of the National De19 fense Authorization Act for Fiscal Year 1991 

20 (Public Law 101–510; 10 U.S.C. 374 note)’’ 

21 with ‘‘section 383 of this title’’. 

22 (E) By replacing subsection (e) with the 

23 following new subsection (e): 

24 ‘‘(e) LIMITATION ON OBLIGATIONS.—Amounts made 

25 available to carry out this section shall remain available 


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1 until expended, except that the total amount obligated and 

2 expended under this section may not exceed $40,000,000 

3 during fiscal year 2006 or $60,000,000 during fiscal year 

4 2007 or fiscal year 2008.’’. 

5 (F) In subsection (f), by replacing para6 graphs (3) and (4) with the following new para7 graph: 

8 ‘‘(3) For purposes of this subsection and subsection 

9 (h), the term ‘congressional committees’ means the fol10 lowing: 

11 ‘‘(A) The Committee on Armed Services, the 

12 Committee on Appropriations, and the Committee on 

13 Foreign Relations of the Senate. 

14 ‘‘(B) The Committee on Armed Services, the 

15 Committee on Appropriations, and the Committee on 

16 International Relations of the House of Representa17 tives.’’. 

18 (G) In subsection (g)(1), by replacing 

19 ‘‘United States Armed Forces’’ with ‘‘armed 

20 forces’’. 

21 (H) In subsection (h)— 

22 (i) in the first sentence, by replacing 

23 ‘‘prepare for fiscal year 2004 (and revise 

24 as necessary for subsequent fiscal years) a 

25 counter-drug plan’’ with ‘‘submit to the 


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1 congressional committees not later than 

2 December 31 of each fiscal year a counter3 drug plan for the next fiscal year’’; and 

4 (ii) by adding at the end the following 

5 new paragraph:. 

6 ‘‘(10) A copy of the certification required by 

7 subsection (f)(1) with respect to the government.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of such chapter is amended by inserting 

10 after the item relating to section 383, as added by section 

11 1021, the following new item: 

‘‘384. Support for counter-drug activities: foreign governments.’’. 

12 (c) REPEAL OF FISCAL YEAR 1998 AUTHORITY.— 

13 Section 1033 of the National Defense Authorization Act 

14 for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

15 1881) is repealed. 

16 SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNI17 FIED COUNTERDRUG AND 

18 COUNTERTERRORISM CAMPAIGN IN COLOM19 BIA. 

20 Section 1021 of the Ronald W. Reagan National De21 fense Authorization Act for Fiscal Year 2005 (Public Law 

22 108–375; 118 Stat. 2042) is amended— 

23 (1) in subsection (a)(1), by striking ‘‘and 2006’’ 

24 and inserting ‘‘through 2008’’; and 


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1 (2) in subsection (c), by striking ‘‘and 2006’’ 

2 and inserting ‘‘through 2008’’. 

3 SEC. 1024. CONTINUATION OF REPORTING REQUIREMENT 

4 REGARDING DEPARTMENT OF DEFENSE EX5 PENDITURES TO SUPPORT FOREIGN 

6 COUNTER-DRUG ACTIVITIES. 

7 (a) ADDITIONAL REPORT REQUIRED.—Section 1022 

8 of the Floyd D. Spence National Defense Authorization 

9 Act for Fiscal Year 2001 (as enacted into law by Public 

10 Law 106–398; 114 Stat. 1654A–255), as amended by sec11 tion 1022 of the National Defense Authorization Act for 

12 Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1215) 

13 and section 1021 of the National Defense Authorization 

14 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

15 3426), is further amended by inserting ‘‘and February 15, 

16 2007,’’ after ‘‘April 15, 2006,’’. 

17 (b) FORM OF REPORT AND ADDITIONAL INFORMA18 TION REQUIRED.—Such section is further amended— 

19 (1) in the first sentence, by inserting ‘‘, in both 

20 classified and unclassified form,’’ after ‘‘report’’; and 

21 (2) in paragraph (2), by inserting before the pe22 riod at the end the following: ‘‘and the amount of 

23 funds provided for each type of counter-drug activity 

24 assisted’’. 


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1 SEC. 1025. REPORT ON INTERAGENCY COUNTER-NAR2 COTICS PLAN FOR AFGHANISTAN AND SOUTH 

3 AND CENTRAL ASIAN REGIONS. 

4 (a) REPORT REQUIRED.—Not later than December 

5 31, 2006, the Secretary of Defense shall submit to the 

6 congressional defense committees a report updating the 

7 interagency counter-narcotics implementation plan for Af8 ghanistan and the South and Central Asian regions, in9 cluding Turkmenistan, Uzbekistan, Tajikistan, 

10 Kyrgyzstan, Kazakhstan, Iran, Azerbaijan, Pakistan, 

11 India, and China, originally prepared pursuant to section 

12 1033 of the National Defense Authorization Act for Fiscal 

13 Year 1998 (Public Law 105–85; 111 Stat. 1881). 

14 (b) CONSULTATION.—The report under this section 

15 shall be prepared in consultation with the Secretary of 

16 State, the Administrator of the Agency for International 

17 Development, and the Director of the Drug Enforcement 

18 Administration. 

19 (c) MATTERS TO BE INCLUDED.—The report shall 

20 include the following for each foreign government covered 

21 by the report: 

22 (1) A consideration of what activities should be 

23 reallocated among the United States and the foreign 

24 government based on the capabilities of each depart25 ment and agency involved. 


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1 (2) Any measures necessary to clarify the legal 

2 authority required to complete the mission and the 

3 measures necessary for the United States to success4 fully complete its counter-narcotics efforts in Af5 ghanistan and the South and Central Asian regions. 

6 (3) Current and proposed United States fund7 ing to support counter-narcotics activities of the for8 eign government. 

9 SEC. 1026. ASSIGNMENT OF MEMBERS OF THE ARMED 

10 FORCES TO ASSIST BUREAU OF CUSTOMS 

11 AND BORDER PROTECTION AND UNITED 

12 STATES IMMIGRATION AND CUSTOMS EN13 FORCEMENT. 

14 (a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE15 FENSE.—Chapter 18 of title 10, United States Code, is 

16 amended by inserting after section 374 the following new 

17 section: 

18 ‘‘§ 374a. Assignment of members to assist border pa19 trol and control 

20 ‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission 

21 of a request consistent with subsection (b), the Secretary 

22 of Defense may assign members of the Army, Navy, Air 

23 Force, and Marine Corps to assist the Bureau of Customs 

24 and Border Protection and the United States Immigration 


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1 and Customs Enforcement of the Department of Home2 land Security— 

3 ‘‘(1) in preventing the entry of terrorists, drug 

4 traffickers, and illegal aliens into the United States; 

5 and 

6 ‘‘(2) in the inspection of cargo, vehicles, and 

7 aircraft at points of entry into the United States to 

8 prevent the entry of weapons of mass destruction, 

9 components of weapons of mass destruction, prohib10 ited narcotics or drugs, or other terrorist or drug 

11 trafficking items. 

12 ‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment 

13 of members under subsection (a) may occur only if— 

14 ‘‘(1) the assignment is at the request of the 

15 Secretary of Homeland Security; and 

16 ‘‘(2) the request is accompanied by a certifi17 cation by the Secretary of Homeland Security that 

18 the assignment of members pursuant to the request 

19 is necessary to respond to a threat to national secu20 rity posed by the entry into the United States of ter21 rorists, drug traffickers, or illegal aliens. 

22 ‘‘(c) TRAINING PROGRAM REQUIRED.—The Sec23 retary of Homeland Security and the Secretary of De24 fense, shall establish a training program to ensure that 

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1 fecting law enforcement in the border areas in which the 

2 members may perform duties under an assignment under 

3 subsection (a). A member may not be deployed at a border 

4 location pursuant to an assignment under subsection (a) 

5 until the member has successfully completed the training 

6 program. 

7 ‘‘(d) CONDITIONS OF USE.—(1) Whenever a member 

8 who is assigned under subsection (a) to assist the Bureau 

9 of Customs and Border Protection or the United States 

10 Immigration and Customs Enforcement is performing du11 ties pursuant to the assignment, a civilian law enforce12 ment officer from the agency concerned shall accompany 

13 the member. 

14 ‘‘(2) Nothing in this section shall be construed to— 

15 ‘‘(A) authorize a member assigned under sub16 section (a) to conduct a search, seizure, or other 

17 similar law enforcement activity or to make an ar18 rest; and 

19 ‘‘(B) supersede section 1385 of title 18 (popu20 larly known as the ‘Posse Comitatus Act’). 

21 ‘‘(e) ESTABLISHMENT OF ONGOING JOINT TASK

22 FORCES.—(1) The Secretary of Homeland Security may 

23 establish ongoing joint task forces if the Secretary of 

24 Homeland Security determines that the joint task force, 

25 and the assignment of members to the joint task force, 


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1 is necessary to respond to a threat to national security 

2 posed by the entry into the United States of terrorists, 

3 drug traffickers, or illegal aliens. 

4 ‘‘(2) If established, the joint task force shall fully 

5 comply with the standards as set forth in this section. 

6 ‘‘(f) NOTIFICATION REQUIREMENTS.—The Secretary 

7 of Homeland Security shall provide to the Governor of the 

8 State in which members are to be deployed pursuant to 

9 an assignment under subsection (a) and to local govern10 ments in the deployment area notification of the deploy11 ment of the members to assist the Department of Home12 land Security under this section and the types of tasks 

13 to be performed by the members. 

14 ‘‘(g) REIMBURSEMENT REQUIREMENT.—Section 377 

15 of this title shall apply in the case of members assigned 

16 under subsection (a).’’. 

17 (b) COMMENCEMENT OF TRAINING PROGRAM.—The 

18 training program required by subsection (c) of section 

19 374a of title 10, United States Code, shall be established 

20 as soon as practicable after the date of the enactment of 

21 this Act. 

22 (c) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of such chapter is amended by inserting 

24 after the item relating to section 374 the following new 

25 item: 

‘‘374a. Assignment of members to assist border patrol and control’’. 


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1 Subtitle D—Other Matters 

2 SEC. 1031. REVISION TO AUTHORITIES RELATING TO COM3 MISSION ON THE IMPLEMENTATION OF THE 

4 NEW STRATEGIC POSTURE OF THE UNITED 

5 STATES. 

6 Section 1051 of the National Defense Authorization 

7 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

8 3431) is amended— 

9 (1) in subsections (b)(1)(E) and (b)(2)(B), by 

10 striking ‘‘though 2008’’ and inserting ‘‘through 

11 2025’’; 

12 (2) in subsection (c)(1), by striking ‘‘Not later 

13 than June 30, 2007’’ and inserting ‘‘Not later than 

14 18 months after the date of the Commission’s first 

15 meeting’’; and 

16 (3) in subsection (f), by striking ‘‘July 30, 

17 2007’’ and inserting ‘‘60 days after the date of the 

18 submission of its report’’. 

19 SEC. 1032. ENHANCEMENT TO AUTHORITY TO PAY RE20 WARDS FOR ASSISTANCE IN COMBATING TER21 RORISM. 

22 (a) INCREASE IN DELEGATION LIMITATION.—Para23 graph (2) of section 127b(c) of title 10, United States 

24 Code, is amended by striking ‘‘$2,500’’ and inserting 

25 ‘‘$10,000’’. 


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1 (b) EXPANSION OF SENIOR OFFICERS TO WHOM

2 COMBATANT COMMANDER AUTHORITY MAY BE DELE3 GATED.—Such paragraph is further amended— 

4 (1) by inserting after ‘‘deputy commander’’ the 

5 following: ‘‘, or to the commander of a command di6 rectly subordinate to that commander,’’; and 

7 (2) by adding at the end the following new sen8 tence: ‘‘Such a delegation may be made to the com9 mander of a command directly subordinate to the 

10 commander of a combatant command only with the 

11 approval of the Secretary of Defense, the Deputy 

12 Secretary of Defense, or an Under Secretary of De13 fense designated by the Secretary.’’. 

14 SEC. 1033. REPORT ON ASSESSMENT PROCESS OF CHAIR15 MAN OF THE JOINT CHIEFS OF STAFF RELAT16 ING TO GLOBAL WAR ON TERRORISM. 

17 Not later than March 1, 2007, the Secretary of De18 fense shall submit to the Committee on Armed Services 

19 of the Senate and the Committee on Armed Services of 

20 the House of Representatives a report on the findings of 

21 the semiannual assessment process relating to the Global 

22 War on Terrorism that is described in the annex to the 

23 National Military Strategic Plan for the War on Ter24 rorism, issued by the Secretary of Defense on February 


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1 1, 2006, that is designated as the Implementation and As2 sessment Annex (Annex R). 

3 SEC. 1034. PRESIDENTIAL REPORT ON IMPROVING INTER4 AGENCY SUPPORT FOR UNITED STATES 21ST 

5 CENTURY NATIONAL SECURITY MISSIONS. 

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

7 2007, the President shall submit to Congress a report on 

8 building interagency capacity and enhancing the integra9 tion of civilian capabilities of the executive branch with 

10 the capabilities of the Armed Forces as required to achieve 

11 United States national security goals and objectives. To 

12 the maximum extent practicable, the report shall be un13 classified, with a classified annex if necessary. 

14 (b) REPORT ELEMENTS.—The report under sub15 section (a) shall include the following: 

16 (1) An assessment of the capabilities required 

17 within the executive branch (other than the Armed 

18 Forces) to achieve the full spectrum of United 

19 States national security goals and objectives, to de20 fend United States national security interests, and, 

21 in particular, to coordinate with the efforts of ele22 ments of the Armed Forces where deployed, includ23 ing at least in the following areas: 

24 (A) Organizations and organizational 

25 structure. 


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1 (B) Planning and assessment capabilities. 

2 (C) Information sharing policies, practices, 

3 and systems. 

4 (D) Leadership issues, including command 

5 and control of forces and personnel in the field. 

6 (E) Personnel policies and systems, includ7 ing recruiting, retention, training, education, 

8 promotion, awards, employment, deployment, 

9 and retirement. 

10 (F) Acquisition authorities. 

11 (2) The criteria and considerations used to 

12 evaluate progress in each of the areas specified in 

13 paragraph (1) towards building and integrating the 

14 interagency capacities required to achieve United 

15 States national security goals and objectives. 

16 (3) Recommendations for specific legislative 

17 proposals that would improve interagency capacity 

18 and enhance the integration of civilian capabilities 

19 with the capabilities of deployed elements of the 

20 Armed Forces for each of the areas specified in 

21 paragraph (1). 


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1 SEC. 1035. QUARTERLY REPORTS ON IMPLEMENTATION OF 

2 2006 QUADRENNIAL DEFENSE REVIEW RE3 PORT. 

4 (a) REPORTS REQUIRED.—Not later than 30 days 

5 after the end of each fiscal-year quarter, the Secretary of 

6 Defense shall submit to the Committee on Armed Services 

7 of the Senate and the Committee on Armed Services of 

8 the House of Representatives a report on the implementa9 tion of recommendations described in the Department of 

10 Defense 2006 Quadrennial Defense Review Report. 

11 (b) CONTENTS OF REPORTS.—Each quarterly report 

12 under subsection (a) shall, at a minimum— 

13 (1) describe the processes and procedures estab14 lished by the Secretary of Defense to examine the 

15 various recommendations referred to in subsection 

16 (a); 

17 (2) discuss implementation plans and strategies 

18 for each area highlighted by the Quadrennial De19 fense Review Report; 

20 (3) provide relevant information about the sta21 tus of such implementation; and 

22 (4) indicate changes in the Secretary’s assess23 ment of the defense strategies or capabilities re24 quired since the publication of the 2006 Quadrennial 

25 Defense Review Report. 


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1 (c) INITIAL REPORT.—The first report under sub2 section (a) shall be submitted not later than January 31, 

3 2007. 

4 (d) EXPIRATION OF REQUIREMENT.—The reporting 

5 requirement in subsection (a) shall terminate upon the 

6 earlier of the following: 

7 (1) The date of the publication of the next 

8 Quadrennial Defense Review Report after the date 

9 of the enactment of this Act pursuant to section 118 

10 of title 10, United States Code. 

11 (2) The date of transmission of a written notifi12 cation by the Secretary of Defense to the Committee 

13 on Armed Services of the Senate and the Committee 

14 on Armed Services of the House of Representatives 

15 that implementation of the recommendations of the 

16 2006 Quadrennial Defense Review is complete. 

17 SEC. 1036. INCREASED HUNTING AND FISHING OPPORTUNI18 TIES FOR MEMBERS OF THE ARMED FORCES, 

19 RETIRED MEMBERS, AND DISABLED VET20 ERANS. 

21 (a) ACCESS FOR MEMBERS, RETIRED MEMBERS, 

22 AND DISABLED VETERANS.—Consistent with section 

23 2671 of title 10, United States Code, and using such 

24 funds as are made available for this purpose, the Secretary 

25 of Defense shall ensure that members of the Armed 


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1 Forces, retired members, disabled veterans, and persons 

2 assisting disabled veterans are able to utilize lands under 

3 the jurisdiction of the Department of Defense that are 

4 available for hunting or fishing. 

5 (b) ASSESSMENT.—Not later than 180 days after the 

6 date of the enactment of this Act, the Secretary shall sub7 mit to Congress a report containing the results of an as8 sessment of those lands under the jurisdiction of the De9 partment of Defense and suitable for hunting or fishing 

10 and describing the actions necessary— 

11 (1) to further increase the acreage made avail12 able to members of the Armed Forces, retired mem13 bers, disabled veterans, and persons assisting dis14 abled veterans for hunting and fishing; and 

15 (2) to make that acreage more accessible to dis16 abled veterans. 

17 (c) RECREATIONAL ACTIVITIES ON SANTA ROSA IS18 LAND.—The Secretary of the Interior shall immediately 

19 cease the plan, approved in the settlement agreement for 

20 case number 96–7412 WJR and case number 97–4098 

21 WJR, to exterminate the deer and elk on Santa Rosa Is22 land, Channel Islands, California, by helicopter and shall 

23 not exterminate or nearly exterminate the deer and elk. 


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1 SEC. 1037. TECHNICAL AND CLERICAL AMENDMENTS. 

2 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

3 United States Code, is amended as follows: 

4 (1) Section 1406(i)(3)(B)(vi) is amended by 

5 striking ‘‘Advisor for’’ and inserting ‘‘Advisor to’’. 

6 (2) Section 2105 is amended by striking by 

7 adding a period at the end of the last sentence. 

8 (3) Section 2703(h) is amended by striking 

9 ‘‘subsection’’ in the first sentence and inserting 

10 ‘‘section’’. 

11 (b) TITLE 37, UNITED STATES CODE.—Title 37, 

12 United States Code, is amended as follows: 

13 (1) Section 210(c)(6) is amended by striking 

14 ‘‘Advisor for’’ and inserting ‘‘Advisor to’’. 

15 (2) Section 308g(h) is amended by striking the 

16 second period at the end. 

17 (3) Section 308j is amended by striking sub18 section (g) and inserting the following new sub19 section: 

20 ‘‘(g) REPAYMENT.—A person who enters into an 

21 agreement under this section and receives all or part of 

22 the bonus under the agreement, but who does not accept 

23 a commission or an appointment as an officer or does not 

24 commence to participate or does not satisfactorily partici25 pate in the Selected Reserve for the total period of service 


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1 specified in the agreement, shall be subject to the repay2 ment provisions of section 303a(e) of this title.’’. 

3 (4) Section 414(c) is amended by striking ‘‘, or 

4 the Senior Enlisted Advisor for the Chairman of the 

5 Joint Chiefs of Staff’’ before the period at the end. 

6 (c) NATIONAL DEFENSE AUTHORIZATION ACT FOR

7 FISCAL YEAR 2006.—Effective as of January 6, 2006, 

8 and as if included therein as enacted, the National De9 fense Authorization Act for Fiscal Year 2006 (Public Law 

10 109–163) is amended as follows: 

11 (1) Section 608(b) (119 Stat. 3289) is amend12 ed— 

13 (A) in paragraph (1), by striking ‘‘the first 

14 sentence’’ and inserting ‘‘the second sentence’’; 

15 and 

16 (B) in paragraph (2), by striking ‘‘the sec17 ond sentence’’ and inserting ‘‘the third sen18 tence’’. 

19 (2) Section 683 (119 Stat. 3322) is amended— 

20 (A) in subsection (a)(3), by striking ‘‘sec21 tion 4873’’ and inserting ‘‘section 4837’’; 

22 (B) in subsetion (c)(3), by striking ‘‘sec23 tion 9873’’ and inserting ‘‘section 9837’’. 

24 (C) in subsection (b)(2)— 


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1 (i) by striking ‘‘by striking the penul2 timate word.’’ and inserting ‘‘to read as 

3 follows:’’; and 

4 (ii) by adding at the end the fol5 lowing: 

‘‘6161. Settlement of accounts: remission or cancellation of indebtedness of 

members.’’. 

6 (3) Section 685(a) (119 Stat. 3325) is amended 

7 by striking ‘‘Advisor for’’ both places it appears and 

8 inserting ‘‘Advisor to’’. 

9 (4) Section 687(a)(2) (119 Stat. 3327) is 

10 amended by striking ‘‘subsection (a)’’ and inserting 

11 ‘‘subsection (e)’’. 

12 (5) Section 687(b)(15) (119 Stat. 3330) is 

13 amended— 

14 (A) by striking ‘‘Subsection (d)’’ and in15 serting ‘‘Subsection (e)’’; and 

16 (B) in the matter inserted by that section, 

17 by striking ‘‘(d) REPAYMENT.—’’ and inserting 

18 ‘‘(e) REPAYMENT.—’’. 

19 SEC. 1038. DATABASE OF EMERGENCY RESPONSE CAPA20 BILITIES. 

21 The Secretary of Defense shall ensure that a data22 base of emergency response capabilities is maintained by 

23 the Department of Defense that includes the following: 


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1 (1) The types of capabilities that each State’s 

2 National Guard will likely provide in response to do3 mestic natural and manmade disasters, both to their 

4 home States and under State-to-State mutual assist5 ance agreements. 

6 (2) The types of capabilities that the Depart7 ment of Defense will likely provide in order to fulfill 

8 Department of Defense responsibilities to provide 

9 support under the National Response Plan’s 15 

10 Emergency Support Functions, as well as identifica11 tion of the units that provide those capabilities. 

12 SEC. 1039. INFORMATION ON CERTAIN CRIMINAL INVES13 TIGATIONS AND PROSECUTIONS. 

14 (a) ANNUAL REPORT.—Subsection (c) of section 

15 1093 of the Ronald W. Reagan National Defense Author16 ization Act for Fiscal Year 2005 (Public Law 108–375; 

17 118 Stat. 2070) is amended— 

18 (1) in paragraph (1)— 

19 (A) by inserting ‘‘, or any prosecution on 

20 account of,’’ after ‘‘Notice of any investigation 

21 into’’; and 

22 (B) by inserting before the period at the 

23 end the following: ‘‘, and, as to any such crimi24 nal investigation or prosecution described in 

25 this paragraph, a detailed and comprehensive 


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1 description of such investigation or prosecution 

2 and any resulting judicial or nonjudicial punish3 ment or other disciplinary action’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(3) Information about any officer nominated 

7 for command, or nominated for promotion or ap8 pointment to a position requiring the advice and 

9 consent of the Senate, who has been subject to any 

10 investigation into, or prosecution of, a violation of 

11 international obligations or laws of the United 

12 States regarding the treatment of individuals de13 tained by the United States Armed Forces or by a 

14 person providing services to the Department of De15 fense on a contractual basis, if the inclusion of such 

16 information in the report will not compromise any 

17 ongoing criminal or administrative investigation or 

18 prosecution, and including the following: 

19 ‘‘(A) A description of any allegation of de20 tainee death, torture or abuse. 

21 ‘‘(B) The status of any investigation or 

22 prosecution. 

23 ‘‘(C) Any judicial or nonjudicial punish24 ment or other disciplinary action.’’. 


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1 (b) NOMINATION INFORMATION.—Such section is 

2 further amended by adding at the end the following new 

3 subsection: 

4 ‘‘(f) NOMINATIONS.—Information described in para5 graph (3) of subsection (c), in addition to being included 

6 in the annual report under that subsection, shall be sub7 mitted to the Committee of Armed Services of the Senate 

8 and the Committee on Armed Services of the House of 

9 Representatives on a regular, timely basis in advance of 

10 any nomination described in that paragraph.’’. 

11 SEC. 1040. DATE FOR FINAL REPORT OF EMP COMMISSION. 

12 (a) REVISED DEADLINE FOR SUBMISSION OF FINAL

13 REPORT.—The final report of the EMP Commission shall 

14 be submitted to Congress not later than the end of the 

15 18-month period beginning on the date of the commis16 sion’s first meeting after being reestablished pursuant to 

17 section 1052 of the National Defense Authorization Act 

18 for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

19 3434) (rather than the date prescribed in section 1403(a) 

20 of the Commisssion Charter). 

21 (b) DEFINITIONS.—For purposes of this section: 

22 (1) EMP COMMISSION.—The term ‘‘EMP Com23 mission’’ means the Commission to Assess the 

24 Threat to the United States from Electromagnetic 

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1 ant to title XIV of the Floyd D. Spence National 

2 Defense Authorization Act for Fiscal Year 2001 (as 

3 enacted into law by Public Law 106–398; 114 Stat. 

4 1654A-345 et seq.) and reestablished pursuant to 

5 section 1052 of the National Defense Authorization 

6 Act for Fiscal Year 2006 (Public Law 109–163; 119 

7 Stat. 3434). 

8 (2) COMMISSION CHARTER.—The term ‘‘Com9 mission charter’’ means title XIV of the Floyd D. 

10 Spence National Defense Authorization Act for Fis11 cal Year 2001 (as enacted into law by Public Law 

12 106–398; 114 Stat. 1654A-345 et seq.), as amended 

13 by section 1052 of the National Defense Authoriza14 tion Act for Fiscal Year 2006 (Public Law 109–163; 

15 119 Stat. 3434). 

16 SEC. 1041. AUTHORIZATION TO EXPIRE CLEARANCES RE17 VOKED. 

18 (a) PROHIBITION ON EXPIRED CLEARANCES.—No 

19 security clearance granted by the Department of Defense 

20 that has been requested to be renewed, based on a require21 ment for periodic reinvestigation, shall be permitted to ex22 pire until the Secretary of Defense certifies to the congres23 sional defense committees and the Committee on Home24 land Security and Governmental Affairs of the Senate and 


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1 the Committee on Government Reform of the House of 

2 Representatives that— 

3 (1) the Defense Security Service has continued 

4 to accept industry requests for new personnel secu5 rity clearances and periodic reinvestigations; and 

6 (2) the Defense Security Service has fully fund7 ed its requirement for fiscal year 2007 security 

8 clearances and taken steps to eliminate its backlog 

9 of requests for security clearance and periodic inves10 tigations by September 20, 2008. 

11 (b) EXCEPTION TO PROHIBITION.—The prohibition 

12 in subsection (a) shall not apply if the Secretary of De13 fense determines that sufficient cause exists to revoke a 

14 security clearance, that has been requested to be renewed, 

15 based on other requirements of law or Department of De16 fense policy or regulations. 

17 (c) DURATION OF PROHIBITION.—The prohibition on 

18 expired clearances authorized by this section expires on 

19 September 30, 2008. 

20 (d) RULE OF CONSTRUCTION.—Nothing in this sec21 tion alters the process in effect as of the date of the enact22 ment of this Act for security clearances and periodic inves23 tigations. 

24 (e) DEFINITION.—In this section, the term ‘‘backlog’’ 

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1 curity clearances and periodic reinvestigations that have 

2 not yet been completed or that have not yet been opened 

3 for investigation. 

4 (f) REPORTS.—The Secretary of Defense shall sub5 mit to the Committee on Armed Services of the Senate 

6 and the Committee on Armed Services of the House of 

7 Representatives a report detailing the actions required by 

8 subsection (a)(2) no later than September 30, 2007. A 

9 final report shall be submitted no later than September 

10 30, 2008. 

11 SEC. 1042. REPORT ON DEPARTMENT OF DEFENSE RE12 SPONSE TO THREAT POSED BY IMPROVISED 

13 EXPLOSIVE DEVICES. 

14 (a) REPORT REQUIRED.—Not later than 30 days 

15 after the date of the enactment of this Act, the Secretary 

16 of Defense shall submit to Congress a report regarding 

17 the status of the threat posed by improvised explosive de18 vices (in the section referred to as ‘‘IEDs’’) and describing 

19 efforts being undertaken to defeat this threat. Supple20 mental reports shall be submitted every 90 days thereafter 

21 to account for every incident involving the detonation or 

22 discovery of an IED since the previous report was sub23 mitted. Reports shall be transmitted in an unclassified 

24 manner with a classified annex, if necessary. 


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1 (b) JOINT IED DEFEAT ORGANIZATION AND RE2 LATED OFFICES.—The reports required by subsection (a) 

3 shall provide the following information regarding the Joint 

4 IED Defeat Organization and all other offices within the 

5 Department of Defense and the military departments that 

6 are focused on countering IEDs: 

7 (1) The number of people assigned to the Joint 

8 IED Defeat Organization and the related offices. 

9 (2) The major locations to which personnel are 

10 assigned and organizational structure. 

11 (3) The projected budget of the Joint IED De12 feat Organization and the related offices. 

13 (4) The level of funding required for adminis14 trative costs. 

15 (c) EXISTING THREAT AND COUNTER MEASURES.— 

16 The reports required by subsection (a) shall include the 

17 following information regarding the threat posed by IEDs 

18 and the countermeasures employed to defeat those threats: 

19 (1) The number of IEDs being encountered by 

20 United States and allied military personnel, includ21 ing general trends in tactics and technology used by 

22 the enemy. 

23 (2) Passive countermeasures employed and 

24 their success rates. 


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1 (3) Active countermeasures employed and their 

2 success rates. 

3 (4) Any evidence of assistance by foreign coun4 tries or other entities not directly involved in fight5 ing United States and allied forces in Iraq and Af6 ghanistan. 

7 (5) A list and summary of data collected and 

8 reports generated by the Department of Defense and 

9 the Armed Forces on counter-IED efforts in Iraq 

10 and Afghanistan and other fronts in the Global War 

11 on Terrorism. 

12 (d) RESEARCH, DEVELOPMENT, TESTING, AND

13 EVALUATION OF NEW COUNTERMEASURES.—The reports 

14 required by subsection (a) shall include the following infor15 mation regarding research, development, testing, and eval16 uation of new active and passive countermeasures and im17 pediments to those efforts: 

18 (1) The status of any and all efforts within the 

19 Department of Defense and the Armed Forces to re20 search, develop, test, and evaluate passive counter21 measures and active countermeasures and to speed 

22 their introduction into units currently deployed over23 seas. 

24 (2) Impediments to swift introduction of prom25 ising new active countermeasures. 


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1 (e) INTERDICTION EFFORTS.—To the extent not pre2 viously covered in another section of the reports required 

3 by subsection (a), the reports shall identify any and all 

4 other offices within the Department of Defense or the 

5 Armed Forces that are focused on interdicting IEDs, to6 gether with the personnel and funding requirements speci7 fied in subsection (b) and the success of such efforts. For 

8 purposes of this subsection, interdiction includes the devel9 opment of intelligence regarding persons and locations in10 volved in the manufacture or deployment of IEDs and sub11 sequent action against those persons or locations, includ12 ing efforts to prevent IED emplacement. 

13 SEC. 1043. DETERMINATION OF DEPARTMENT OF DEFENSE 

14 INTRATHEATER AND INTERTHEATER AIRLIFT 

15 AND SEALIFT MOBILITY REQUIREMENTS. 

16 (a) DETERMINATION OF REQUIREMENTS.—The Sec17 retary of Defense, as part of the 2006 Mobility Capabili18 ties Study, shall determine Department of Defense mobil19 ity requirements as follows: 

20 (1) The Secretary shall determine intratheater 

21 and intertheater airlift mobility requirements and 

22 intratheater and intertheater sealift mobility require23 ments (all stated in terms of million ton miles per 

24 day) for executing each scenario that was modeled in 

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1 nario that is modeled in the 2006 Mobility Capabili2 ties Study. 

3 (2) The Secretary shall determine intratheater 

4 and intertheater airlift mobility requirements and 

5 intratheater and intertheater sealift mobility require6 ments (all stated in terms of million ton miles per 

7 day) for executing the National Military Strategy 

8 with a low acceptable level of risk, with a medium 

9 acceptable level of risk, and with a high acceptable 

10 level of risk, for each of the following: 

11 (A) Major combat operations. 

12 (B) The Global War on Terrorism. 

13 (C) Baseline security posture operations. 

14 (D) Homeland defense and civil support 

15 operations. 

16 (E) Special operations missions. 

17 (F) Global strike missions. 

18 (G) Strategic nuclear missions. 

19 (b) REPORT.—Not later than February 1, 2007, the 

20 Secretary of Defense shall submit to the congressional de21 fense committees a report providing the mobility require22 ments determined pursuant to subsection (a). The report 

23 shall set forth each mobility requirement specified in para24 graph (1) or (2) of that subsection. 


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1 (c) MOBILITY CAPABILITIES STUDIES.—For pur2 poses of this section: 

3 (1) The term ‘‘2006 Mobility Capabilities 

4 Study’’ means the studies conducted by the Sec5 retary of Defense and the Joint Staff during 2006 

6 as a follow-on to the 2005 Mobility Capabilities 

7 Study. 

8 (2) The term ‘‘2005 Mobility Capabilities 

9 Study’’ means the comprehensive Mobility Capabili10 ties Study completed in December 2005 and con11 ducted through the Office of Program Analysis and 

12 Evaluation of the Department of Defense to assess 

13 mobility needs for all aspects of the National De14 fense Strategy. 

15 SEC. 1044. DEPARTMENT OF DEFENSE OPERATIONAL 

16 PLANS FOR ARMED FORCES SUPPORT FOR 

17 CIVIL AUTHORITIES. 

18 The Secretary of Defense, in coordination with the 

19 Secretary of Homeland Security and State governments, 

20 shall develop detailed operational plans regarding the use 

21 of the Armed Forces to support activities of civil authori22 ties, known as Defense Support to Civil Authorities mis23 sions. These plans shall specifically address response op24 tions to hurricanes, wildfires, earthquakes, pandemic, and 

25 other natural disasters. 


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1 SEC. 1045. REQUIREMENT THAT ALL MILITARY WHEELED 

2 VEHICLES USED IN IRAQ AND AFGHANISTAN 

3 OUTSIDE OF MILITARY COMPOUNDS BE 

4 EQUIPPED WITH EFFECTIVE IMPROVISED EX5 PLOSIVE DEVICE (IED) JAMMERS. 

6 (a) REQUIREMENT.—The Secretary of Defense shall 

7 take such steps as necessary to ensure that by the end 

8 of fiscal year 2007 all United States military wheeled vehi9 cles used in Iraq and Afghanistan outside of military com10 pounds are equipped with effective Improvised Explosive 

11 Device (IED) jammers. 

12 (b) FUNDING.—The Secretary shall carry out sub13 section (a) using funds provided pursuant to authoriza14 tions of appropriations in title XV. 

15 (c) REPORT.—Not later than December 15, 2006, the 

16 Secretary of Defense shall submit to the congressional de17 fense committees a report on the cost and timeline to com18 plete compliance with the requirement in subsection (a) 

19 that by the end of fiscal year 2007 each vehicle described 

20 in that subsection be equipped with an effective Impro21 vised Explosive Device jammer. 

22 TITLE XI—CIVILIAN PERSONNEL 

23 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. 


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

Sec. 1104. Death gratuity authorized for Federal employees. 

1 SEC. 1101. INCREASE IN AUTHORIZED NUMBER OF DE2 FENSE INTELLIGENCE SENIOR EXECUTIVE 

3 SERVICE EMPLOYEES. 

4 Section 1606(a) of title 10, United States Code, is 

5 amended by striking ‘‘594’’ and inserting ‘‘644’’. 

6 SEC. 1102. AUTHORITY FOR DEPARTMENT OF DEFENSE TO 

7 PAY FULL REPLACEMENT VALUE FOR PER8 SONAL PROPERTY CLAIMS OF CIVILIANS. 

9 Section 2636a(a) of title 10, United States Code, is 

10 amended by striking ‘‘of baggage and household effects 

11 for members of the armed forces at Government expense’’ 

12 and inserting ‘‘at Government expense of baggage and 

13 household effects for members of the armed forces or civil14 ian employees of the Department of Defense (or both)’’. 

15 SEC. 1103. ACCRUAL OF ANNUAL LEAVE FOR MEMBERS OF 

16 THE UNIFORMED SERVICES PERFORMING 

17 DUAL EMPLOYMENT. 

18 Section 5534a of title 5, United States Code, is 

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

20 ‘‘Such a member also is entitled to accrue annual leave 

21 with pay in the manner specified in section 6303(a) of this 

22 title for a retired member of a uniformed service.’’. 


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1 SEC. 1104. DEATH GRATUITY AUTHORIZED FOR FEDERAL 

2 EMPLOYEES. 

3 (a) DEATH GRATUITY AUTHORIZED.—Chapter 81 of 

4 title 5, United States Code, is amended by inserting after 

5 section 8102 the following new section: 

6 ‘‘§ 8102a. Death gratuity 

7 ‘‘(a) DEATH GRATUITY AUTHORIZED.—The United 

8 States shall pay a death gratuity of $100,000 to or for 

9 the survivor prescribed by subsection (d) immediately 

10 upon receiving official notification of the death of an em11 ployee who dies of injuries incurred in connection with the 

12 employee’s service with an Armed Force in a contingency 

13 operation, or who dies of injuries incurred in connection 

14 with a terrorist incident occurring during the employee’s 

15 service with an Armed Force. 

16 ‘‘(b) RETROACTIVE PAYMENT IN CERTAIN CASES.— 

17 With respect to an employee who dies on or after October 

18 7, 2001, as a result of wounds, injuries, or illnesses in19 curred in the performance of duty in the theater of oper20 ations of Operation Enduring Freedom or Operation Iraqi 

21 Freedom, subsection (a) also shall apply. 

22 ‘‘(c) OTHER BENEFITS.—The death gratuity payable 

23 under this section is in addition to any death benefits oth24 erwise provided for in law. 

25 ‘‘(d) ELIGIBLE SURVIVORS.— 


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1 ‘‘(1) A death gratuity payable upon the death 

2 of a person covered by subsection (a) shall be paid 

3 to or for the living survivor highest on the following 

4 list: 

5 ‘‘(A) The employee’s surviving spouse. 

6 ‘‘(B) The employee’s children, as pre7 scribed by paragraph (2), in equal shares. 

8 ‘‘(C) If designated by the employee, any 

9 one or more of the following persons: 

10 ‘‘(i) The employee’s parents or per11 sons in loco parentis, as prescribed by 

12 paragraph (3). 

13 ‘‘(ii) The employee’s brothers. 

14 ‘‘(iii) The employee’s sisters. 

15 ‘‘(D) The employee’s parents or persons in 

16 loco parentis, as prescribed by paragraph (3), 

17 in equal shares. 

18 ‘‘(E) The employee’s brothers and sisters 

19 in equal shares. 

20 Subparagraphs (C) and (E) of this paragraph in21 clude brothers and sisters of the half blood and 

22 those through adoption. 

23 ‘‘(2) Paragraph (1)(B) applies, without regard 

24 to age or marital status, to— 

25 ‘‘(A) legitimate children; 


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1 ‘‘(B) adopted children; 

2 ‘‘(C) stepchildren who were a part of the 

3 decedent’s household at the time of death; 

4 ‘‘(D) illegitimate children of a female dece5 dent; and 

6 ‘‘(E) illegitimate children of a male dece7 dent— 

8 ‘‘(i) who have been acknowledged in 

9 writing signed by the decedent; 

10 ‘‘(ii) who have been judicially deter11 mined, before the decedent’s death, to be 

12 his children; 

13 ‘‘(iii) who have been otherwise proved, 

14 by evidence satisfactory to the employing 

15 agency, to be children of the decedent; or 

16 ‘‘(iv) to whose support the decedent 

17 had been judicially ordered to contribute. 

18 ‘‘(3) Subparagraphs (C) and (D) of paragraph 

19 (1), so far as they apply to parents and persons in 

20 loco parentis, include fathers and mothers through 

21 adoption, and persons who stood in loco parentis to 

22 the decedent for a period of not less than one year 

23 at any time before the decedent became an em24 ployee. However, only one father and one mother, or 

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1 nized in any case, and preference shall be given to 

2 those who exercised a parental relationship on the 

3 date, or most nearly before the date, on which the 

4 decedent became an employee. 

5 ‘‘(4) If an eligible survivor dies before he re6 ceives the death gratuity, it shall be paid to the liv7 ing survivor next in the order prescribed by para8 graph (1). 

9 ‘‘(e) DEFINITIONS.—The term ‘contingency oper10 ation’ has the meaning given to that term in section 

11 1482a(c) of title 10, United States Code.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of chapter 81 of such title is amended 

14 by inserting after the item relating to section 8102 the 

15 following new item: 

‘‘8102a. Death gratuity.’’. 

16 TITLE XII—MATTERS RELATING 

17 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. 


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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. 

Sec. 1222. Humanitarian support for Iraqi children in urgent need of medical 

care. 

Sec. 1223. Sense of Congress concerning cooperation with Russia on issues pertaining to missile defense. 

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 

6 States Code, is amended by inserting after section 127b 

7 the following 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 

12 (c), the Secretary of Defense may provide logistic support, 

13 supplies, and services to allied forces participating in a 

14 combined operation with the armed forces. Provision of 

15 such support, supplies, and services to the forces of an 

16 allied nation may be made only with the concurrence of 

17 the Secretary of State. 

18 ‘‘(b) LIMITATIONS.—The authority provided by sub19 section (a) may be used only— 


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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 pro19 vision of such logistic support, supplies, and 

20 services by the Secretary. 

21 ‘‘(c) LIMITATION ON 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. 


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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 

5 at the beginning of such chapter is amended by inserting 

6 after the item relating to section 127b the following new 

7 item: 

‘‘127c. Allied forces participating in combined operations: authority to provide 

logistic support, supplies, and services.’’. 

8 SEC. 1202. TEMPORARY AUTHORITY TO USE ACQUISITION 

9 AND CROSS-SERVICING AGREEMENTS TO 

10 LEND CERTAIN MILITARY EQUIPMENT TO 

11 FOREIGN FORCES IN IRAQ AND AFGHANI12 STAN FOR PERSONNEL PROTECTION AND 

13 SURVIVABILITY. 

14 (a) AUTHORITY.— 

15 (1) IN GENERAL.—Subject to paragraphs (2), 

16 (3), and (4), the Secretary of Defense may treat cov17 ered military equipment as logistic support, supplies, 

18 and services under subchapter I of chapter 138 of 

19 title 10, United States Code, for the purpose of pro20 viding for the use of such equipment by military 

21 forces of a nation participating in combined oper22 ations with the United States in Iraq or Afghani23 stan. 


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1 (2) REQUIRED DETERMINATIONS.—Equipment 

2 may be provided to the military forces of a nation 

3 under the authority of this section only upon— 

4 (A) a determination by the Secretary of 

5 Defense that the United States forces in the 

6 combined operation have no unfilled require7 ments for that equipment; and 

8 (B) a determination by the Secretary of 

9 Defense, with the concurrence of the Secretary 

10 of State, that it is in the national security inter11 est of the United States to provide for the use 

12 of such equipment by the military forces of that 

13 nation under this section. 

14 (3) LIMITATION ON USE OF EQUIPMENT.— 

15 Equipment provided to the military forces of a na16 tion under the authority of this section may be used 

17 by those forces only in Iraq or Afghanistan and only 

18 for personnel protection or to aid in the personnel 

19 survivability of those forces. 

20 (4) LIMITATION ON DURATION OF PROVISION

21 OF EQUIPMENT.—Equipment provided to the mili22 tary forces of a nation under the authority of this 

23 section may be used by the military forces of that 

24 nation for not longer than one year. 


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1 (b) SEMIANNUAL REPORTS TO CONGRESSIONAL

2 COMMITTEES.— 

3 (1) USE OF AUTHORITY DURING FIRST SIX

4 MONTHS OF FISCAL YEAR.—If the authority pro5 vided in subsection (a) is exercised during the first 

6 six months of a fiscal year, the Secretary of Defense 

7 shall submit to the specified congressional commit8 tees a report on that exercise of such authority not 

9 later than the following April 30. 

10 (2) USE OF AUTHORITY DURING SECOND SIX

11 MONTHS OF FISCAL YEAR.—If the authority pro12 vided in subsection (a) is exercised during the sec13 ond six months of a fiscal year, the Secretary of De14 fense shall submit to the specified congressional 

15 committees a report on that exercise of such author16 ity not later than the following October 30. 

17 (3) CONTENT.—Each report under paragraph 

18 (1) or (2) shall include, with respect to each exercise 

19 of the authority provided in subsection (a) during 

20 the period covered by the report, the following: 

21 (A) A description of the basis for the de22 termination of the Secretary of Defense that it 

23 is in the national security interests of the 

24 United States to provide for the use of covered 


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1 military equipment in the manner authorized in 

2 subsection (a). 

3 (B) Identification of each foreign force 

4 that receives such equipment. 

5 (C) A description of the type, quantity, 

6 and value of the equipment provided to each 

7 foreign force that receives such equipment. 

8 (D) A description of the terms and dura9 tion of the provision of the equipment to each 

10 foreign force that receives such equipment. 

11 (4) COORDINATION.—Each report under para12 graph (1) or (2) shall be prepared in coordination 

13 with the Secretary of State. 

14 (c) LIMITATIONS ON PROVISION OF MILITARY

15 EQUIPMENT.—The provision of military equipment under 

16 this section is subject to the provisions of the Arms Export 

17 Control Act (22 U.S.C. 2751 et seq.) and of any other 

18 export control process under laws relating to the transfer 

19 of military equipment and technology to foreign nations. 

20 (d) DEFINITIONS.—In this section: 

21 (1) The term ‘‘covered military equipment’’ 

22 means items designated as significant military 

23 equipment in categories I, II, III, and VII of the 

24 United States Munitions List under section 38(a)(1) 


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1 of the Arms Export Control Act (22 U.S.C. 

2 2778(a)(1)). 

3 (2) The term ‘‘specified congressional commit4 tees’’ means— 

5 (A) the Committee on Armed Services and 

6 the Committee on Foreign Relations of the Sen7 ate; and 

8 (B) the Committee on Armed Services and 

9 the Committee on International Relations of the 

10 House of Representatives. 

11 (e) EXPIRATION.—The authority to provide military 

12 equipment to the military forces of a foreign nation under 

13 this section expires on September 30, 2008. 

14 SEC. 1203. RECODIFICATION AND REVISION TO LAW RELAT15 ING TO DEPARTMENT OF DEFENSE HUMANI16 TARIAN DEMINING ASSISTANCE. 

17 (a) REPEAL.—Section 401 of title 10, United States 

18 Code, is amended— 

19 (1) in subsection (a), by striking paragraph (4); 

20 (2) in subsection (b)— 

21 (A) by striking ‘‘(1)’’ after ‘‘(b)’’; and 

22 (B) by striking paragraph (2); 

23 (3) in subsection (c), by striking paragraphs (2) 

24 and (3); and 

25 (4) in subsection (e), by striking paragraph (5). 


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1 (b) RECODIFICATION AND REVISION.— 

2 (1) IN GENERAL.—Chapter 20 of such title is 

3 amended by adding at the end the following new sec4 tion: 

5 ‘‘§ 407. Humanitarian demining assistance: authority; 

6 limitations 

7 ‘‘(a) AUTHORITY.—(1) Under regulations prescribed 

8 by the Secretary of Defense, the Secretary of a military 

9 department may carry out humanitarian demining assist10 ance in conjunction with authorized military operations of 

11 the armed forces in a country if the Secretary concerned 

12 determines that the assistance will promote either— 

13 ‘‘(A) the security interests of both the United 

14 States and the country in which the activities are to 

15 be carried out; or 

16 ‘‘(B) the specific operational readiness skills of 

17 the members of the armed forces who participate in 

18 the activities. 

19 ‘‘(2) Humanitarian demining assistance under this 

20 section shall complement, and may not duplicate, any 

21 other form of social or economic assistance which may be 

22 provided to the country concerned by any other depart23 ment or agency of the United States. 


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1 ‘‘(3) The Secretary of Defense shall ensure that no 

2 member of the armed forces, while providing humanitarian 

3 demining assistance under this section— 

4 ‘‘(A) engages in the physical detection, lifting, 

5 or destroying of landmines or other explosive rem6 nants of war (unless the member does so for the 

7 concurrent purpose of supporting a United States 

8 military operation); or 

9 ‘‘(B) provides such assistance as part of a mili10 tary operation that does not involve the armed 

11 forces. 

12 ‘‘(b) LIMITATIONS.—(1) Humanitarian demining as13 sistance may not be provided under this section unless the 

14 Secretary of State specifically approves the provision of 

15 such assistance. 

16 ‘‘(2) Any authority provided under any other provi17 sion of law to provide humanitarian demining assistance 

18 to a foreign country shall be carried out in accordance 

19 with, and subject to, the limitations prescribed in this sec20 tion. 

21 ‘‘(c) EXPENSES.—(1) Expenses incurred as a direct 

22 result of providing humanitarian demining assistance 

23 under this section to a foreign country shall be paid for 

24 out of funds specifically appropriated for the purpose of 


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1 the provision by the Department of Defense of overseas 

2 humanitarian assistance. 

3 ‘‘(2) Expenses covered by paragraph (1) include the 

4 following: 

5 ‘‘(A) Travel, transportation, and subsistence ex6 penses of Department of Defense personnel pro7 viding such assistance. 

8 ‘‘(B) The cost of any equipment, services, or 

9 supplies acquired for the purpose of carrying out or 

10 supporting humanitarian demining activities, includ11 ing any nonlethal, individual, or small-team equip12 ment or supplies for clearing landmines or other ex13 plosive remnants of war that are to be transferred 

14 or otherwise furnished to a foreign country in fur15 therance of the provision of assistance under this 

16 section. 

17 ‘‘(3) The cost of equipment, services, and supplies 

18 provided in any fiscal year under this section may not ex19 ceed $10,000,000. 

20 ‘‘(d) ANNUAL REPORT.—The Secretary of Defense 

21 shall include in the annual report under section 401 of 

22 this title a separate discussion of activities carried out 

23 under this section during the preceding fiscal year, includ24 ing— 


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1 ‘‘(1) a list of the countries in which humani2 tarian demining assistance was carried out during 

3 the preceding fiscal year; and 

4 ‘‘(2) the amount expended in carrying out such 

5 assistance in each such country during the preceding 

6 fiscal year. 

7 ‘‘(e) HUMANITARIAN DEMINING ASSISTANCE DE8 FINED.—In this section, the term ‘humanitarian demining 

9 assistance’ means detection and clearance of landmines 

10 and other explosive remnants of war, including activities 

11 related to the furnishing of education, training, and tech12 nical assistance with respect to the detection and clearance 

13 of landmines and other explosive remnants of war.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended 

16 by adding at the end the following new item: 

‘‘407. Humanitarian demining assistance: authority; limitations.’’. 

17 SEC. 1204. ENHANCEMENTS TO REGIONAL DEFENSE COM18 BATING TERRORISM FELLOWSHIP PROGRAM. 

19 (a) AUTHORIZED PURPOSES.—Subsection (a) of sec20 tion 2249c of title 10, United States Code, is amended 

21 by striking ‘‘associated with’’ and all that follows and in22 serting: ‘‘associated with the education and training of for23 eign military officers, ministry of defense officials, or secu24 rity officials at military or civilian educational institutions, 

25 regional centers, conferences, seminars, or other training 


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1 programs conducted under the Regional Defense Com2 bating Terrorism Fellowship Program. Costs for which 

3 payment may be made under this section include the costs 

4 of transportation and travel and subsistence costs.’’. 

5 (b) ANNUAL LIMITATION ON AMOUNT OBLIGATED.— 

6 Subsection (b) of such section is amended by striking 

7 ‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’. 

8 (c) EXPENDITURES ACROSS FISCAL YEARS.—Such 

9 section is further amended by adding at the end the fol10 lowing new subsection: 

11 ‘‘(d) OBLIGATION OF FUNDS ACROSS FISCAL

12 YEARS.—Funds made available for a fiscal year may be 

13 obligated for the total cost of an education or training pro14 gram conducted under subsection (a) that begins in that 

15 fiscal year, including a program that begins in that fiscal 

16 year and ends in the next fiscal year, so long as the dura17 tion of the program does not exceed one year.’’. 

18 (d) CLERICAL AMENDMENTS.— 

19 (1) REFERENCE TO PROGRAM.—Subsection 

20 (c)(3) of such section is amended by striking ‘‘Re21 gional Defense Counterterrorism Fellowship Pro22 gram’’ and inserting ‘‘program referred to in sub23 section (a)’’ 

24 (2) SECTION HEADING.—The heading of such 

25 section is amended to read as follows: 


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1 ‘‘§ 2249c. Regional Defense Combating Terrorism Fel2 lowship Program: authority to use appro3 priated funds for costs associated with 

4 education and training of foreign offi5 cials’’. 

6 (3) TABLE OF SECTIONS.—The item relating to 

7 such section in the table of sections at the beginning 

8 of subchapter I of chapter 134 of such title is 

9 amended to read as follows 

‘‘2249c. Regional Defense Combating Terrorism Fellowship Program: authority 

to use appropriated funds for costs associated with education 

and training of foreign officials.’’. 

10 SEC. 1205. CAPSTONE OVERSEAS FIELD STUDIES TRIPS TO 

11 PEOPLE’S REPUBLIC OF CHINA AND REPUB12 LIC OF CHINA ON TAIWAN. 

13 Section 2153 of title 10, United States Code, is 

14 amended by adding at the end of the following new sub15 section: 

16 ‘‘(c) OVERSEAS FIELD STUDIES TO CHINA AND TAI17 WAN.—The Secretary of Defense shall direct the National 

18 Defense University to ensure that visits to China and Tai19 wan are an integral part of the field study programs con20 ducted by the university as part of the military education 

21 course carried out pursuant to subsection (a) and that 

22 such field study programs include annually at least one 

23 class field study trip to the People’s Republic of China 


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1 and at least one class field study trip to the Republic of 

2 China on Taiwan.’’. 

3 SEC. 1206. MILITARY EDUCATIONAL EXCHANGES BETWEEN 

4 SENIOR OFFICERS AND OFFICIALS OF THE 

5 UNITED STATES AND TAIWAN. 

6 (a) DEFENSE EXCHANGES.—The Secretary of De7 fense shall undertake a program of senior military officer 

8 and senior official exchanges with Taiwan designed to im9 prove Taiwan’s defenses against the People’s Liberation 

10 Army of the People’s Republic of China. 

11 (b) EXCHANGES DESCRIBED.—For purposes of this 

12 section, the term ‘‘exchange’’ means an activity, exercise, 

13 event, or observation opportunity between Armed Forces 

14 personnel or Department of Defense officials of the United 

15 States and armed forces personnel and officials of Taiwan. 

16 (c) FOCUS OF EXCHANGES.—The senior military offi17 cer and senior official exchanges undertaken pursuant to 

18 subsection (a) shall include exchanges focused on the fol19 lowing, especially as they relate to defending Taiwan 

20 against potential submarine attack and potential missile 

21 attack: 

22 (1) Threat analysis 

23 (2) Military doctrine 

24 (3) Force planning 

25 (4) Logistical support 


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1 (5) Intelligence collection and analysis 

2 (6) Operational tactics, techniques, and proce3 dures. 

4 (d) CIVIL-MILITARY AFFAIRS.—The senior military 

5 officer and senior official exchanges undertaken pursuant 

6 to subsection (a) shall include activities and exercises fo7 cused on civil-military relations, including parliamentary 

8 relations. 

9 (e) LOCATION OF EXCHANGES.—The senior military 

10 officer and senior official exchanges undertaken pursuant 

11 to subsection (a) shall be conducted in both the United 

12 States and Taiwan. 

13 (f) DEFINITIONS.—For purposes of this section: 

14 (1) The term ‘‘senior military officer’’ means a 

15 general or flag officer of the Armed Forces on active 

16 duty. 

17 (2) The term ‘‘senior official’’ means a civilian 

18 official of the Department of Defense at the level of 

19 Deputy Assistant Secretary or above. 


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1 Subtitle B—Nonproliferation 

2 Matters and Countries of Concern 

3 SEC. 1211. PROCUREMENT RESTRICTIONS AGAINST FOR4 EIGN PERSONS THAT TRANSFER CERTAIN 

5 DEFENSE ARTICLES AND SERVICES TO THE 

6 PEOPLE’S REPUBLIC OF CHINA. 

7 (a) DECLARATION OF POLICY.—Congress declares 

8 that it is the policy of the United States to deny the Peo9 ple’s Republic of China such defense goods and defense 

10 technology that could be used to threaten the United 

11 States or undermine the security of Taiwan or the stability 

12 of the Western Pacific region. 

13 (b) PROCUREMENT SANCTION.—(1) The Secretary of 

14 Defense may not procure, by contract or otherwise, any 

15 goods or services from— 

16 (A) any foreign person the Secretary of Defense 

17 determines has, with actual knowledge, on or after 

18 the date of the enactment of this Act, exported, 

19 transferred, or otherwise provided to governmental 

20 or nongovernmental entities of the People’s Republic 

21 of China any item or class of items on the United 

22 States Munitions List (or any item or class of items 

23 that are identical, substantially identical, or directly 

24 competitive to an item or class of items on the 

25 United States Munitions List); or 


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1 (B) any foreign person the Secretary of 

2 Defense determines— 

3 (i) is a successor entity to a person 

4 referred to in paragraph (1): 

5 (ii) is a parent or subsidiary of a per6 son referred to in paragraph (1); or 

7 (iii) is an affiliate of a person referred 

8 to in paragraph (1) if that affiliate is con9 trolled in fact by such person. 

10 (2) The prohibition under paragraph (1) with 

11 respect to a foreign person shall last for a period of 

12 five years after a determination is made by the Sec13 retary of Defense with respect to that person under 

14 paragraph (1)(A). 

15 (c) PUBLIC AVAILABILITY OF LIST OF SANCTIONED

16 PERSONS.—(1) The Secretary of Defense shall annually 

17 publish in the Federal Register a current list of any for18 eign persons sanctioned under subsection (b). The removal 

19 of foreign persons from, and the addition of foreign per20 sons to, the list shall also be published. 

21 (2) The Secretary shall maintain the list pub22 lished under paragraph (1) on the internet website 

23 of the Department of Defense. 

24 (c) REMOVAL FROM LIST OF SANCTIONED PER25 SONS.—The Secretary of Defense may remove a person 


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1 from the list of sanctioned persons referred to in sub2 section (c) only after the five-year prohibition period im3 posed under subsection (b) with respect to the person has 

4 expired. 

5 (d) EXCEPTIONS.—(1) Subsection (b) shall not apply 

6 (A) to contracts, or subcontracts under 

7 such contracts, in existence on the date of the 

8 enactment of this Act, including options under 

9 such contracts; 

10 (B) if the Secretary of Defense determines 

11 in writing that the person to which the sanc12 tions would otherwise be applied is a sole source 

13 supplier of the goods or services being procured, 

14 that the goods or services are essential, and 

15 that alternative sources are not readily or rea16 sonably available; 

17 (C) in the case of a contract for routine 

18 servicing and maintenance, if the Secretary of 

19 Defense determines in writing alternative 

20 sources for performing the contract are not 

21 readily or reasonably available; or 

22 (D) if the Secretary of Defense determines 

23 in writing that goods or services proposed to be 

24 procured under the contract are essential to the 

25 national security of the United States. 


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1 (2) Determinations under paragraph (1) shall 

2 be published in the Federal Register. 

3 (f) DEFINITIONS.—In this section: 

4 (1) The term ‘‘foreign person’’ has the meaning 

5 given the term in section 14 of the Iran and Libya 

6 Sanctions Act of 1996 (50 U.S.C. 1701 note). 

7 (2) The term ‘‘United States Munitions List’’ 

8 means the list referred to in section 38(a)(1) of the 

9 Arms Export Control Act (22 U.S.C. 2778 (a)(1)). 

10 Subtitle C—Other Matters 

11 SEC. 1221. EXECUTION OF THE PRESIDENT’S POLICY TO 

12 MAKE AVAILABLE TO TAIWAN DIESEL ELEC13 TRIC SUBMARINES. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) It is the policy of the United States under 

17 the Taiwan Relations Act of 1979 to ‘‘make avail18 able to Taiwan such defense articles and defense 

19 services in such quantity as may be necessary to en20 able Taiwan to maintain a sufficient self-defense ca21 pability’’. 

22 (2) In April 2001, the President of the United 

23 States approved for sale eight diesel electric sub24 marines to the Republic of China on Taiwan. 


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1 (3) The buildup of attack submarines by the 

2 People’s Republic of China threatens the stability in 

3 the Taiwan Strait and longstanding United States 

4 national security interests in the Western Pacific. 

5 (4) Taiwan has a legitimate defense need for 

6 diesel electric submarines. 

7 (5) The sale of diesel electric submarines to 

8 Taiwan supports stability in the Taiwan Strait and 

9 Western Pacific. 

10 (6) The Legislative Yuan of the Republic of 

11 China on Taiwan should make every effort to sup12 port the President of Taiwan to fund the acquisition 

13 of diesel electric submarines from the United States. 

14 (7) The sale of diesel electric submarines to 

15 Taiwan is beneficial to the health and wellbeing of 

16 the United States shipbuilding industrial base and, 

17 therefore, United States national security. 

18 (b) POLICY OF THE UNITED STATES.—It shall be the 

19 policy of the United States to make available to Taiwan 

20 plans and options for design work and construction work 

21 on future diesel electric submarines under the United 

22 States foreign military sales process. The availability of 

23 such design work and construction work shall be made in 

24 a manner consistent with United States national disclo25 sure policy and is subject to the provisions of the Arms 


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1 Export Control Act (22 U.S.C. 2751 et seq.) and any 

2 other export control law of the United States. 

3 (c) REPORT.—Not later than 30 days after the date 

4 of the enactment of this Act, the Secretary of Defense 

5 shall submit to the congressional defense committees a re6 port on the present and future efforts of the Department 

7 of the Navy to execute the policy of the President to sell 

8 diesel electric submarines to the Republic of China on Tai9 wan. The report shall include the following: 

10 (1) Ongoing activities by the Navy Inter11 national Programs Office, in consultation with the 

12 Defense Security and Cooperation Agency, to make 

13 the Government of Taiwan aware of available For14 eign Military Sales options. 

15 (2) Future activities planned by the Navy Inter16 national Programs Office, in consultation with the 

17 Defense Security and Cooperation Agency, to make 

18 the Government of Taiwan aware of available For19 eign Military Sales options to acquire diesel electric 

20 submarines from the United States. 

21 (d) DEFINITIONS.—In this section: 

22 (1) The term ‘‘design work’’ means the process 

23 by which a submarine is designed. 

24 (2) The term ‘‘construction work’’ means the 

25 process by which a submarine is constructed. 


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1 (3) The term ‘‘activities’’ means all interactions 

2 between the Government of the United States and 

3 the Government of Taiwan. 

4 SEC. 1222. HUMANITARIAN SUPPORT FOR IRAQI CHILDREN 

5 IN URGENT NEED OF MEDICAL CARE. 

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

8 (1) The Secretary of Defense has discretionary 

9 authority to permit space-available travel on military 

10 aircraft for various reasons, including humanitarian 

11 purposes. 

12 (2) Recently, 110 Iraqi children journeyed 22 

13 hours by bus from Baghdad, Iraq, to Amman, Jor14 dan, for urgently needed oral/facial surgery. While 

15 traveling, armed insurgents stopped and boarded the 

16 children’s bus, raising serious questions about the 

17 safety of further travel by ground. 

18 (3) Pursuant to the Secretary’s discretionary 

19 authority referred to in paragraph (1), the Secretary 

20 authorized the Iraqi children to travel on military 

21 aircraft for their return trip from Amman to Bagh22 dad. 

23 (4) The Secretary is to be commended for his 

24 initiative in providing for the safe return of these 

25 children to Iraq by military aircraft. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that the Secretary of Defense should continue to 

3 provide space-available travel on military aircraft for hu4 manitarian reasons to Iraqi children who would otherwise 

5 have no means available to seek urgently needed medical 

6 care such as that provided by a humanitarian organization 

7 in Amman, Jordan. 

8 (c) FUNDING SUPPORT.—Within the amount pro9 vided in section 301 for Operation and Maintenance, De10 fense-wide— 

11 (1) $1,000,000 shall be available only for De12 partment of Defense support of the Peace Through 

13 Health Care Initiative; and 

14 (2) the amount provided for Budget Activity 4 

15 is reduced by $1,000,000 due to operational unobli16 gated balances. 

17 SEC. 1223. SENSE OF CONGRESS CONCERNING COOPERA18 TION WITH RUSSIA ON ISSUES PERTAINING 

19 TO MISSILE DEFENSE. 

20 It is the sense of Congress that— 

21 (1) cooperation between the United States and 

22 Russia with regard to missile defense is in the inter23 est of the United States; 


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1 (2) there does not exist strong enough engage2 ment between the United States and Russia with re3 spect to missile defense cooperation; 

4 (3) the United States should explore innovative 

5 and nontraditional means of cooperation with Russia 

6 on issues pertaining to missile defense; and 

7 (4) as part of such an effort, the Secretary of 

8 Defense should consider the possibilities for United 

9 States-Russian cooperation with respect to missile 

10 defense through— 

11 (A) the testing of specific elements of the 

12 detection and tracking equipment of the Missile 

13 Defense Agency of the United States Depart14 ment of Defense through the use of Russian 

15 target missiles; and 

16 (B) the provision of early warning radar to 

17 the Missile Defense Agency by the use of Rus18 sian radar data. 

19 TITLE XIII—COOPERATIVE 

20 THREAT REDUCTION WITH 

21 STATES OF THE FORMER SO22 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. 


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1 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE2 DUCTION PROGRAMS AND FUNDS. 

3 (a) SPECIFICATION OF CTR PROGRAMS.—For pur4 poses of section 301 and other provisions of this Act, Co5 operative Threat Reduction programs are the programs 

6 specified in section 1501(b) of the National Defense Au7 thorization Act for Fiscal Year 1997 (Public Law 104– 

8 201; 110 Stat. 2731; 50 U.S.C. 2362 note). 

9 (b) FISCAL YEAR 2007 COOPERATIVE THREAT RE10 DUCTION FUNDS DEFINED.—As used in this title, the 

11 term ‘‘fiscal year 2007 Cooperative Threat Reduction 

12 funds’’ means the funds appropriated pursuant to the au13 thorization of appropriations in section 301 for Coopera14 tive Threat Reduction programs. 

15 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

16 pursuant to the authorization of appropriations in section 

17 301 for Cooperative Threat Reduction programs shall be 

18 available for obligation for three fiscal years. 

19 SEC. 1302. FUNDING ALLOCATIONS. 

20 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

21 $372,128,000 authorized to be appropriated to the De22 partment of Defense for fiscal year 2007 in section 

23 301(19) for Cooperative Threat Reduction programs, the 

24 following amount may be obligated for the purposes speci25 fied: 


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1 (1) For strategic offensive arms elimination in 

2 Russia, $76,985,000. 

3 (2) For nuclear weapons storage security in 

4 Russia, $87,100,000. 

5 (3) For nuclear weapons transportation security 

6 in Russia, $33,000,000. 

7 (4) For weapons of mass destruction prolifera8 tion prevention in the states of the former Soviet 

9 Union, $37,486,000. 

10 (5) For biological weapons proliferation preven11 tion in the former Soviet Union, $68,357,000. 

12 (6) For chemical weapons destruction in Rus13 sia, $42,700,000. 

14 (7) For defense and military contacts, 

15 $8,000,000. 

16 (8) For activities designated as Other Assess17 ments/Administrative Support, $18,500,000. 

18 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

19 FUNDS FOR OTHER PURPOSES.—No fiscal year 2007 Co20 operative Threat Reduction funds may be obligated or ex21 pended for a purpose other than a purpose listed in para22 graphs (1) through (8) of subsection (a) until 30 days 

23 after the date that the Secretary of Defense submits to 

24 Congress a report on the purpose for which the funds will 

25 be obligated or expended and the amount of funds to be 


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1 obligated or expended. Nothing in the preceding sentence 

2 shall be construed as authorizing the obligation or expend3 iture of fiscal year 2007 Cooperative Threat Reduction 

4 funds for a purpose for which the obligation or expendi5 ture of such funds is specifically prohibited under this title 

6 or any other provision of law. 

7 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

8 AMOUNTS.— 

9 (1) IN GENERAL.—Subject to paragraphs (2) 

10 and (3), in any case in which the Secretary of De11 fense determines that it is necessary to do so in the 

12 national interest, the Secretary may obligate 

13 amounts appropriated for fiscal year 2007 for a pur14 pose listed in any of the paragraphs in subsection 

15 (a) in excess of the specific amount authorized for 

16 that purpose. 

17 (2) NOTICE-AND-WAIT REQUIRED.—An obliga18 tion of funds for a purpose stated in any of the 

19 paragraphs in subsection (a) in excess of the specific 

20 amount authorized for such purpose may be made 

21 using the authority provided in paragraph (1) only 

22 after— 

23 (A) the Secretary submits to Congress no24 tification of the intent to do so together with a 


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1 complete discussion of the justification for 

2 doing so; and 

3 (B) 15 days have elapsed following the 

4 date of the notification. 

5 (3) RESTRICTION.—The Secretary may not, 

6 under the authority provided in paragraph (1), obli7 gate amounts for a purpose stated in any of para8 graphs (6) through (8) of subsection (a) in excess of 

9 125 percent of the specific amount authorized for 

10 such purpose. 

11 SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION 

12 ON FUNDING FOR CHEMICAL WEAPONS DE13 STRUCTION FACILITY IN RUSSIA. 

14 Section 1303 of the Ronald W. Reagan National De15 fense Authorization Act for Fiscal Year 2005 (Public Law 

16 108–375; 118 Stat. 2094; 22 U.S.C. 5952 note) is amend17 ed— 

18 (1) in subsection (b), by striking ‘‘shall expire 

19 on December 31, 2006, and no waiver shall remain 

20 in effect after that date’’ and inserting ‘‘shall expire 

21 upon completion of the Chemical Weapons Destruc22 tion Facility currently under construction at 

23 Shchuch’ye in the Russian Federation, and no waiv24 er shall remain in effect after that date’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(c) REPORT.—Not later than 30 days after comple4 tion of the facility referred to in subsection (b), the Sec5 retary of Defense shall submit to Congress a written noti6 fication that specifies the date of completion.’’. 

7 SEC. 1304. NATIONAL ACADEMY OF SCIENCES STUDY. 

8 (a) STUDY REQUIRED.—The Secretary of Defense 

9 shall enter into an arrangement with the National Acad10 emy of Sciences under which the Academy shall carry out 

11 a study to analyze lessons learned, past and present chal12 lenges, and possible options in effectively managing and 

13 facilitating threat reduction and nonproliferation projects 

14 under the Cooperative Threat Reduction program. The 

15 study shall cover all existing Cooperative Threat Reduc16 tion projects for securing or eliminating nuclear, chemical, 

17 and biological weapons and related systems in the states 

18 of the former Soviet Union. 

19 (b) REPORT.—Not later than December 31, 2007, 

20 the Secretary shall submit to Committee on Armed Serv21 ices of the Senate and the Committee on Armed Services 

22 of the House of Representatives a report on the study car23 ried out under subsection (a). The report shall include a 

24 review and evaluation of each of the following matters: 

25 (1) Project management. 


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1 (2) Interagency interaction concerning threat 

2 reduction and nonproliferation projects of other Fed3 eral departments or agencies. 

4 (3) Public outreach and community involve5 ment. 

6 (4) Cooperation of Russia and of other states of 

7 the former Soviet Union (including site access, visa 

8 approval, and contractor support). 

9 (5) Legal frameworks. 

10 (6) Transparency. 

11 (7) Adequacy of funding from the United 

12 States and any Cooperative Threat Reduction pro13 gram partner. 

14 (8) Interaction with threat reduction and non15 proliferation projects of Global Partnership coun16 tries. 

17 (c) FUNDING.—Of the amounts made available pur18 suant to the authorization of appropriations in section 

19 301(19) for Cooperative Threat Reduction programs, not 

20 more than $2,000,000 shall be available only to carry out 

21 this section. 

22 TITLE XIV—HOMELAND DE23 FENSE TECHNOLOGY TRANS24 FER 

Sec. 1401. Short title. 

Sec. 1402. Findings. 

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


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1 SEC. 1401. SHORT TITLE. 

2 This title may be cited as the ‘‘Homeland Defense 

3 Technology Transfer Act of 2006’’. 

4 SEC. 1402. FINDINGS. 

5 Congress finds the following: 

6 (1) The Federal Government funds billions of 

7 dollars for research each year that has the potential 

8 to meet the needs of Federal, State, and local first 

9 responders, yet examples of successful technology 

10 transitions are few and far between. 

11 (2) Congress has made repeated efforts to au12 thorize the Department of Defense to effectively 

13 transfer its technologies to Federal, State, and local 

14 first responders. However, while progress has been 

15 made in implementing these authorities, this process 

16 can be significantly improved. 

17 (3) Although the Department of Defense Strat18 egy for Homeland Defense and Civil Support calls 

19 for active participation in an interagency process 

20 that improves interoperability and compatibility with 

21 public safety technologies and initiatives, greater 

22 participation is needed to ensure that all tech23 nologies used by the Department of Defense in their 

24 homeland defense mission are interoperable and 

25 compatible with standards being developed for public 

26 safety technologies. 


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1 (4) Even when technologies with promise have 

2 been identified, additional research and development 

3 efforts are needed to adapt these technologies into 

4 readily available, affordable products. No program 

5 with a sense of urgency to quickly produce results 

6 exists to bridge this gap. 

7 (5) Tragedies such as Hurricanes Katrina and 

8 Rita demonstrate the need for prompt, decisive ac9 tion by Congress to solve a problem that has eluded 

10 attempts by the Department of Defense to solve. 

11 (6) Legislation is needed to codify the process 

12 for effectively moving and adapting needed tech13 nologies from the Department of Defense to Federal, 

14 State, and local first responders so that the lives of 

15 the American public and emergency responders are 

16 protected to the maximum extent possible. 

17 SEC. 1403. CREATION OF HOMELAND DEFENSE TECH18 NOLOGY TRANSFER CONSORTIUM. 

19 (a) AUTHORIZATION OF CONSORTIUM.—In order to 

20 improve the speed and effectiveness of identifying, evalu21 ating, deploying, and transferring to Federal, State, and 

22 local first responders technology items and equipment in 

23 support of homeland security as required by section 1401 

24 of the Bob Stump National Defense Authorization Act for 

25 Fiscal Year 2003 (Public Law 107–314; 50 U.S.C. 2312 


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1 note) and work towards interoperability and compatibility 

2 of inter-agency homeland defense and security tech3 nologies, it is urgent that the technology adaptation and 

4 transfer process be consistent within the Department of 

5 Defense. Towards that end, the Secretary of Defense, in 

6 coordination with the Secretary of Homeland Security, is 

7 authorized to create a Homeland Defense–Homeland Se8 curity Technology Transfer Consortium. 

9 (b) COMPOSITION OF CONSORTIUM.—To contribute 

10 to the rapid development and adoption of new technologies 

11 needed to ensure the safety of the United States public 

12 and the welfare of emergency service providers, the Home13 land Defense–Homeland Security Technology Transfer 

14 Consortium shall be composed of— 

15 (1) organizations and entities working with the 

16 Department of Defense; 

17 (2) the Department of Homeland Security; 

18 (3) Federal, State, and local first responders; 

19 and 

20 (4) other relevant Federal agencies with estab21 lished expertise in identifying, assessing, testing, 

22 evaluating, and training emergency response and 

23 other public safety entities. 

24 (c) AUTHORITIES OF CONSORTIUM.— 


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1 (1) PROCESS IMPROVEMENTS.—The Homeland 

2 Defense–Homeland Security Technology Transfer 

3 Consortium shall systematize— 

4 (A) the process for the identification, as5 sessment, adaptation, and transition of defense 

6 technologies that have the potential to enhance 

7 public safety and improve homeland security, 

8 thereby assisting the Department of Defense in 

9 meeting its statutory obligation to identify, 

10 evaluate, deploy, and transfer to Federal, State, 

11 and local first responders technology items and 

12 equipment of homeland security; and 

13 (B) the process of coordinating and acting 

14 as liaison on behalf of the Department of De15 fense and the Department of Homeland Secu16 rity with other Federal agencies as appropriate 

17 to collect and prioritize Federal, State, and 

18 local first responder technology requirements al19 ready gathered by those entities. 

20 (2) FUNDING RECOMMENDATIONS.—The Con21 sortium shall submit recommendations to the Sec22 retary of Defense and the Secretary of Homeland 

23 Security for funding for the development, adapta24 tion, test and evaluation, or other needed activities 

25 for any technology identified under paragraph (1) 


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1 with a high potential to benefit Federal, State, and 

2 local first responders. 

3 (3) TECHNOLOGY INTEGRATION.—The Consor4 tium may assist in the integration of new tech5 nologies into appropriate first responder training ex6 ercises to maximize their rapid adoption as well as 

7 disseminating best practices in the profession. 

8 (4) INTEROPERABILITY AND COMPATIBILITY.— 

9 The Consortium, under the direction of the Sec10 retary of Defense and in coordination with the Sec11 retary of Homeland Security, shall act as liaison 

12 with relevant Federal agencies, as well as Federal, 

13 State, and local first responders where appropriate, 

14 to work towards ensuring that technologies used by 

15 the Department of Defense in its homeland defense 

16 mission are interoperable and compatible with stand17 ards being developed for technologies used by Fed18 eral, State, and local first responders. 

19 (d) ANNUAL REPORT OF THE CONSORTIUM.—The 

20 Homeland Defense–Homeland Security Technology 

21 Transfer Consortium shall submit to the President and 

22 Congress an annual report on its activities. Each report 

23 shall include, at a minimum— 

24 (1) a listing of specific Department of Defense 

25 and related technologies it has identified that appear 


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1 to meet needs of Federal, State, and local first re2 sponders; 

3 (2) the results of any tests and evaluations con4 ducted on particular technologies, except that no 

5 company proprietary information may be disclosed in 

6 the report; 

7 (3) a listing of any recommendations the Con8 sortium has made to the Department of Defense or 

9 the Department of Homeland Security that develop10 mental, adaptive, test and evaluation, or other fund11 ing be provided related to the development and de12 ployment of technologies identified by the Consor13 tium of particular interest for meeting the needs of 

14 emergency response providers; 

15 (4) a listing of any technology development ac16 tivities undertaken under the authorities of sub17 section (c); 

18 (5) a listing of any technologies that have been 

19 subsequently used by Federal, State, and local first 

20 responders as a result of activities of the Consor21 tium; and 

22 (6) any recommendations determined appro23 priate by the Consortium on barriers to the prompt 

24 deployment of technologies needed by Federal, State, 

25 and local first responders. 


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1 (e) ANNUAL REPORT BY THE SECRETARY OF DE2 FENSE.—The Secretary of Defense, in coordination with 

3 the Secretary of Homeland Security, shall submit to the 

4 President and Congress an annual report on activities the 

5 Department of Defense has taken to identify, test and 

6 evaluate, or develop technologies with application to Fed7 eral, State, and local first responders. Each report shall 

8 include, at a minimum, a description of the activities the 

9 Department of Defense has taken pursuant to rec10 ommendations of the Homeland Defense–Homeland Secu11 rity Technology Transfer Consortium, including activities 

12 to fund development or testing and evaluation of tech13 nologies created under programs of the Department. 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated $2,500,000 for the Depart16 ment of Defense Office of Homeland Defense to fund the 

17 activities of the Homeland Defense–Homeland Security 

18 Technology Transfer Consortium in each of fiscal years 

19 2007 and 2008, for carrying out the duties of the Consor20 tium under this section. 


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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 

14 fiscal year 2007 for procurement accounts of the Army 

15 in amounts as follows: 

16 (1) For aircraft procurement, $232,400,000. 

17 (2) For ammunition procurement, 

18 $328,341,000. 


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1 (3) For weapons and tracked combat vehicles 

2 procurement, $1,029,672,000. 

3 (4) For other procurement, $2,183,430,000. 

4 SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

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

7 the Navy in amounts as follows: 

8 (1) For weapons procurement, $131,400,000. 

9 (2) For other procurement, $44,700,000. 

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

11 be appropriated for fiscal year 2007 for the procurement 

12 account for the Marine Corps in the amount of 

13 $636,125,000. 

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

15 are hereby authorized to be appropriated for fiscal year 

16 2007 for the procurement account for ammunition for the 

17 Navy and the Marine Corps in the amount of 

18 $143,150,000. 

19 SEC. 1504. AIR FORCE PROCUREMENT. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2007 for procurement accounts for the Air 

22 Force in amounts as follows: 

23 (1) For aircraft procurement, $201,550,000. 

24 (2) For missile procurement, $32,650,000. 

25 (3) For other procurement, $62,650,000. 


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1 SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2007 for the procurement account for Defense4 wide 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 

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

9 for 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 

15 fiscal year 2007 for the use of the Armed Forces for ex16 penses, not otherwise provided for, for operation and 

17 maintenance, 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, 

23 $3,377,402,000. 

24 (6) For the Army National Guard, 

25 $50,000,000. 

26 (7) For the Air National Guard, $15,400,000. 


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1 SEC. 1508. DEFENSE HEALTH PROGRAM. 

2 Funds are hereby authorized to be appropriated for 

3 the Department of Defense for fiscal year 2007 for ex4 penses, not otherwise provided for, the Defense Health 

5 Program, in the amount of $950,200,000 for operation 

6 and maintenance. 

7 SEC. 1509. CLASSIFIED PROGRAMS. 

8 Funds are hereby authorized to be appropriated to 

9 the Department of Defense for fiscal year 2007 for Classi10 fied Programs, in the amount of $2,500,000,000. 

11 SEC. 1510. MILITARY PERSONNEL. 

12 There is hereby authorized to be appropriated to the 

13 Department of Defense for military personnel accounts for 

14 fiscal year 2007 a total of $9,362,766,000. 

15 SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

16 The amounts authorized to be appropriated by this 

17 title are in addition to amounts otherwise authorized to 

18 be appropriated by this Act. 

19 SEC. 1512. TRANSFER AUTHORITY. 

20 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

21 (1) AUTHORITY.—Upon determination by the 

22 Secretary of Defense that such action is necessary in 

23 the national interest, the Secretary may transfer 

24 amounts of authorizations made available to the De25 partment of Defense in this title for fiscal year 2007 

26 between any such authorizations for that fiscal year 


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1 (or any subdivisions thereof). Amounts of authoriza2 tions so transferred shall be merged with and be 

3 available for the same purposes as the authorization 

4 to which transferred. 

5 (2) LIMITATION.—The total amount of author6 izations that the Secretary may transfer under the 

7 authority of this section may not exceed 

8 $3,000,000,000. The transfer authority provided in 

9 this section is in addition to any other transfer au10 thority available to the Secretary of Defense. 

11 (b) LIMITATIONS.—The authority provided by this 

12 section to transfer authorizations— 

13 (1) may only be used to provide authority for 

14 items that have a higher priority than the items 

15 from which authority is transferred; 

16 (2) may not be used to provide authority for an 

17 item that has been denied authorization by Con18 gress; and 

19 (3) may not be combined with the authority 

20 under section 1001. 

21 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

22 transfer made from one account to another under the au23 thority of this section shall be deemed to increase the 

24 amount authorized for the account to which the amount 


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1 is transferred by an amount equal to the amount trans2 ferred. 

3 (d) NOTICE TO CONGRESS.—A transfer may be made 

4 under the authority of this section only after the Secretary 

5 of Defense— 

6 (1) consults with the chairmen and ranking 

7 members of the congressional defense committees 

8 with respect to the proposed transfer; and 

9 (2) after such consultation, notifies those com10 mittees in writing of the proposed transfer not less 

11 than five days before the transfer is made. 

12 SEC. 1513. AVAILABILITY OF FUNDS. 

13 Funds in this title shall be made available for obliga14 tion to the Army, Navy, Marine Corps, Air Force, and 

15 Defense-wide components by the end of the second quarter 

16 of fiscal year 2007. 

17 DIVISION B—MILITARY CON18 STRUCTION AUTHORIZA19 TIONS 

20 SEC. 2001. SHORT TITLE. 

21 This division may be cited as the ‘‘Joel Hefley Mili22 tary Construction Authorization Act for Fiscal Year 

23 2007’’. 

24 TITLE I—ARMY 

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

Sec. 2102. Family housing. 


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Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

1 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2104(a)(1), the Secretary of the Army 

6 may acquire real property and carry out military construc7 tion projects for the installations or locations inside the 

8 United States, and in the amounts, set forth in the fol9 lowing 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 

10 (b) OUTSIDE THE UNITED STATES.—Using amounts 

11 appropriated pursuant to the authorization of appropria12 tions in section 2104(a)(2), the Secretary of the Army 


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1 may acquire real property and carry out military construc2 tion projects for the installations or locations outside the 

3 United States, and in the amounts, set forth in the fol4 lowing table: 

Army: Outside the United States 

Country Installation or Location Amount 

Germany ........................... Grafenwoehr .......................................... $157,632,000 

Vilseck ................................................... $19,000,000 

Italy .................................. Vicenza .................................................. $223,000,000 

Japan ................................ Camp Hansen ........................................ $7,150,000 

Korea ................................ Camp Humphreys ................................. $77,000,000 

Yongpyong ............................................. $7,400,000 

5 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap6 propriated pursuant to the authorization of appropriations 

7 in section 2104(a)(3), the Secretary of the Army may ac8 quire real property and carry out military construction 

9 projects for unspecified installations or locations in the 

10 amount set forth in the following table: 

Army: Unspecified Worldwide 

Location Installation or Location Amount 

Unspecified Worldwide .......................... $34,800,000 

11 SEC. 2102. FAMILY HOUSING. 

12 (a) CONSTRUCTION AND ACQUISITION.—Using 

13 amounts appropriated pursuant to the authorization of ap14 propriations in section 2104(a)(6)(A), the Secretary of the 

15 Army may construct or acquire family housing units (in16 cluding land acquisition and supporting facilities) at the 

17 installations or locations, in the number of units, and in 

18 the amounts set forth in the following table: 


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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 

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 

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction 

6 or improvement of family housing units in an amount not 

7 to exceed $16,332,000. 

8 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2104(6)(5)(A), 

13 the Secretary of the Army may improve existing military 

14 family housing units in an amount not to exceed 

15 $320,659,000. 

16 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for fiscal years 

19 beginning after September 30, 2006, for military con20 struction, land acquisition, and military family housing 


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1 functions of the Department of the Army in the total 

2 amount of $3,389,046,000 as follows: 

3 (1) For military construction projects inside the 

4 United States authorized by section 2101(a), 

5 $1,217,356,000. 

6 (2) For military construction projects outside 

7 the United States authorized by section 2101(b), 

8 $491,182,000. 

9 (3) For military construction projects at un10 specified worldwide locations authorized by section 

11 2101(c), $34,800,000. 

12 (4) For unspecified minor military construction 

13 projects authorized by section 2805 of title 10, 

14 United States Code, $23,930,000. 

15 (5) For architectural and engineering services 

16 and construction design under section 2807 of title 

17 10, United States Code, $220,830,000. 

18 (6) For military family housing functions: 

19 (A) For construction and acquisition, plan20 ning and design, and improvement of military 

21 family housing and facilities, $578,791,000. 

22 (B) For support of military family housing 

23 (including the functions described in section 

24 2833 of title 10, United States Code), 

25 $674,657,000. 


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1 (7) For the construction of increment 2 of a 

2 barracks complex at Fort Drum, New York, author3 ized by section 2101(a) of the Military Construction 

4 Authorization Act for Fiscal Year 2006 (division B 

5 of Public Law 109–163; 119 Stat. 3485), 

6 $16,500,000. 

7 (8) For the construction of increment 2 of a 

8 barracks complex for the 2nd Brigade at Fort 

9 Bragg, North Carolina, authorized by section 

10 2101(a) of the Military Construction Authorization 

11 Act for Fiscal Year 2006 (division B of Public Law 

12 109–163; 119 Stat. 3485), $31,000,000. 

13 (9) For the construction of increment 2 of a 

14 barracks complex for the 3nd Brigade at Fort 

15 Bragg, North Carolina, authorized by section 

16 2101(a) of the Military Construction Authorization 

17 Act for Fiscal Year 2006 (division B of Public Law 

18 109–163; 119 Stat. 3485), $50,000,000. 

19 (10) For the construction of increment 2 of a 

20 barracks complex for divisional artillery at Fort 

21 Bragg, North Carolina, authorized by section 

22 2101(a) of the Military Construction Authorization 

23 Act for Fiscal Year 2006 (division B of Public Law 

24 109–163; 119 Stat. 3485), $37,000,000. 


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1 (11) For the construction of increment 2 of a 

2 defense access road at Fort Belvoir, Virginia, au3 thorized by section 2101(a) of the Military Construc4 tion Authorization Act for Fiscal Year 2006 (divi5 sion B of Public Law 109–163; 119 Stat. 3486), 

6 $13,000,000. 

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and 

10 any other cost variation authorized by law, the total cost 

11 of all projects carried out under section 2101 of this Act 

12 may not exceed the sum of the following: 

13 (1) The total amount authorized to be appro14 priated under paragraphs (1), (2), and (3) of sub15 section (a). 

16 (2) $306,000,000 (the balance of the amount 

17 authorized under section 2101(a) for construction of 

18 a brigade complex for Fort Lewis, Washington). 

19 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. 


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1 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in section 2204(a)(1), the Secretary of the Navy may 

6 acquire 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 

9 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 

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 

10 (b) OUTSIDE THE UNITED STATES.—Using amounts 

11 appropriated pursuant to the authorization of appropria12 tions in section 2204(a)(2), the Secretary of the Navy may 

13 acquire real property and carry out military construction 


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1 projects for the installations or locations outside the 

2 United States, and in the amounts, set forth in the fol3 lowing 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 

4 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap5 propriated pursuant to the authorization of appropriations 

6 in section 2204(a)(3), the Secretary of the Navy may ac7 quire real property and carry out military construction 

8 projects for unspecified installations or locations in the 

9 amount set forth in the following table: 

Navy: Unspecified Worldwide 

Location Project Amount 

Helicopter Support Facility .................. $12,185,000 

10 SEC. 2202. FAMILY HOUSING. 

11 (a) CONSTRUCTION AND ACQUISITION.—Using 

12 amounts appropriated pursuant to the authorization of ap13 propriations in section 2204(a)(6)(A), the Secretary of the 

14 Navy may construct or acquire family housing units (in15 cluding land acquisition and supporting facilities) at the 

16 installations, in the number of units, and in the amounts 

17 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 


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1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2204(a)(6)(A), the Secretary of the Navy 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 $2,785,000. 

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States 

11 Code, and using amounts appropriated pursuant to the 

12 authorization of appropriations in section 2204(a)(6)(A), 

13 the Secretary of the Navy may improve existing military 

14 family housing units in an amount not to exceed 

15 $180,146,000. 

16 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

18 are hereby authorized to be appropriated for fiscal years 

19 beginning after September 30, 2006, for military con20 struction, land acquisition, and military family housing 

21 functions of the Department of the Navy in the total 

22 amount of $2,037,953,000, as follows: 

23 (1) For military construction projects inside the 

24 United States authorized by section 2201(a), 

25 $764,572,000,000. 


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1 (2) For military construction projects outside 

2 the United States authorized by section 2201(b), 

3 $50,524,000. 

4 (3) For military construction projects at un5 specified worldwide locations authorized by section 

6 2201(c), $12,185,000. 

7 (4) For unspecified minor military construction 

8 projects authorized by section 2805 of title 10, 

9 United States Code, $8,939,000. 

10 (5) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $72,857,000. 

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, $308,956,000. 

17 (B) For support of military family housing 

18 (including functions described in section 2833 

19 of title 10, United States Code), $509,126,000. 

20 (7) For the construction of increment 2 of a 

21 reclamation and conveyance project for Marine 

22 Corps Base, Camp Pendleton, California, authorized 

23 by section 2201(a) of the Military Construction Au24 thorization Act of Fiscal Year 2006 (division B of 

25 Public Law 109–163; 119 Stat. 3490), $33,290,000. 


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1 (8) For the construction of increment 2 of a 

2 helicopter hangar replacement at Naval Air Station, 

3 Jacksonville, Florida, authorized by section 2201(a) 

4 of the Military Construction Authorization Act for 

5 Fiscal Year 2006 (division B of Public Law 109– 

6 163; 119 Stat. 3489), $43,250,000. 

7 (9) For the construction of increment 2 of re8 cruit training barracks infrastructure upgrades at 

9 Recruit Training Command, Great Lakes, Illinois, 

10 authorized by section 2201(a) of the Military Con11 struction Authorization Act for Fiscal Year 2006 

12 (division B of Public Law 109–163; 119 Stat. 

13 3490), $23,589,000. 

14 (10) For the construction of increment 2 of a 

15 field house at the United States Naval Academy, 

16 Annapolis, Maryland, authorized by section 2201(a) 

17 of the Military Construction Authorization Act of 

18 Fiscal Year 2006 (division B of Public Law 109– 

19 163; 119 Stat. 3490), $21,685,000. 

20 (11) For the construction of increment 2 of the 

21 replacement of Ship Repair Pier 3 at Naval Station, 

22 Norfolk, Virginia, authorized by section 2201(a) of 

23 the Military Construction Authorization Act of Fis24 cal Year 2006 (division B of Public Law 109–163; 

25 119 Stat. 3490), $30,939,000. 


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1 (12) For the construction of increment 2 of an 

2 addition to Hockmuth Hall, Marine Corps Base, 

3 Quantico, Virginia, authorized by section 2201(a) of 

4 the Military Construction Authorization Act of Fis5 cal Year 2006 (division B of Public Law 109–163; 

6 119 Stat. 3490), $10,159,000. 

7 (13) For the construction of increment 2 of 

8 wharf upgrades at Naval Station Guam, Marianas 

9 Islands, authorized by section 2201(b) of the Mili10 tary Construction Authorization Act for Fiscal Year 

11 2006 (division B of Public Law 109–163; 119 Stat. 

12 3490), $29,772,000. 

13 (14) For the construction of increment 2 of 

14 wharf upgrades at Yokosuka, Japan, authorized by 

15 section 2201(b) of the Military Construction Author16 ization Act of Fiscal Year 2006 (division B of Public 

17 Law 109–163; 119 Stat. 3490), $44,360,000. 

18 (15) For the construction of increment 2 of 

19 bachelor quarters at Naval Station, Everett, Wash20 ington, authorized by section 2201(a) of the Military 

21 Construction Authorization Act of Fiscal Year 2006 

22 (division B of Public Law 109–163; 119 Stat. 

23 3490), $20,917,000. 

24 (16) For the construction of increment 3 of the 

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1 tegic Weapons Facility Pacific, Bangor, Washington, 

2 authorized by section 2201(a) of the Military Con3 struction Authorization Act for Fiscal Year 2005 

4 (division B of Public Law 108–375; 118 Stat. 

5 2105), as amended by section 2206 of this Act, 

6 $14,274,000. 

7 (17) For the construction of the next increment 

8 of the outlaying landing field facilities at Wash9 ington County, North Carolina, authorized by sec10 tion 2201(a) of the Military Construction Authoriza11 tion Act for Fiscal Year 2004 (division B of Public 

12 Law 108–136; 117 Stat. 1704), as amended by sec13 tion 2205(a) of this Act, $7,926,000. 

14 (18) For the construction of increment 4 of pier 

15 11 replacement at Naval Station, Norfolk, Virginia, 

16 authorized by section 2201(a) of the Military Con17 struction Authorization Act for Fiscal Year 2004 

18 (division B of Public Law 108–136; 117 Stat. 

19 1704), $30,633,000. 

20 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

21 PROJECTS.—Notwithstanding the cost variations author22 ized by section 2853 of title 10, United States Code, and 

23 any other cost variation authorized by law, the total cost 

24 of all projects carried out under section 2201 of this Act 

25 may not exceed the sum of the following: 


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1 (1) The total amount authorized to be appro2 priated under paragraphs (1), (2), and (3) of sub3 section (a). 

4 (2) $56,159,000 (the balance of the amount au5 thorized under section 2201(a) for construction of 

6 an addition to the National Maritime Intelligence 

7 Center, Suitland, Maryland). 

8 (3) $31,153,000 (the balance of the amount au9 thorized under section 2201(a) to recapitalize Hang10 ar 5 at Naval Air Station, Whidbey Island, Wash11 ington). 

12 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

13 CERTAIN FISCAL YEAR 2004 AND 2005 

14 PROJECTS. 

15 (a) FISCAL YEAR 2004 INSIDE THE UNITED STATES

16 PROJECT.— 

17 (1) MODIFICATION.—The table in section 

18 2201(a) of the Military Construction Authorization 

19 Act for Fiscal Year 2004 (division B of Public Law 

20 108–136; 117 Stat. 1704), as amended by section 

21 2205 of the Military Construction Authorization Act 

22 for Fiscal Year 2006 (division B of Public Law 109– 

23 163; 119 Stat. 3492), is amended— 

24 (A) at the end of the items relating to 

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1 tled ‘‘Navy Outlying Landing Field, Wash2 ington County’’ in the amount of 

3 ‘‘$193,260,000’’; 

4 (B) by striking the item relating to Var5 ious Locations, CONUS; and 

6 (C) by striking the amount identified as 

7 the total in the amount column and inserting 

8 ‘‘$1,489,424,000’’. 

9 (2) CONFORMING AMENDMENTS.—Section 

10 2204(b)(6) of that Act (117 Stat. 1706) is amend11 ed— 

12 (A) by striking ‘‘$28,750,000’’ and insert13 ing ‘‘$165,650,000’’; and 

14 (B) by striking ‘‘outlying landing field fa15 cilities, various locations in the continental 

16 United States’’ and inserting ‘‘an outlying land17 ing field in Washington County, North Caro18 lina’’. 

19 (b) FISCAL YEAR 2005 INSIDE THE UNITED STATES

20 PROJECT.— 

21 (1) MODIFICATION.—The table in section 

22 2201(a) of the Military Construction Authorization 

23 Act for Fiscal Year 2005 (division B of Public Law 

24 108–375; 118 Stat. 2105), as amended by section 

25 2206 of the Military Construction Authorization Act 


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1 for Fiscal Year 2006 (division B of Public Law 109– 

2 163; 119 Stat. 3493), is amended— 

3 (A) by striking the item relating to Navy 

4 Outlying Landing Field, Washington County, 

5 North Carolina; and 

6 (B) by striking the amount identified as 

7 the total in the amount column and inserting 

8 ‘‘$825,479,000’’. 

9 (2) CONFORMING AMENDMENTS.—Section 2204 

10 of that Act (118 Stat. 2107), as amended by section 

11 2206 of the Military Construction Authorization Act 

12 for Fiscal Year 2006 (division B of Public Law 109– 

13 163; 119 Stat. 3493), is amended— 

14 (A) in subsection (a)— 

15 (i) in paragraph (1), by striking 

16 ‘‘$752,927,000’’ and inserting 

17 ‘‘722,927,000’’; and 

18 (ii) by adding at the end the following 

19 new paragraph: 

20 ‘‘(10) For the construction of increment 2 of 

21 the Navy outlying landing field in Washington Coun22 ty, North Carolina, authorized by section 2201(a) of 

23 the Military Construction Authorization Act for Fis24 cal Year 2004 (division B of Public Law 108–136; 

25 117 Stat. 1704), as amended by section 2205(a) of 


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1 the Military Construction Authorization Act for Fis2 cal Year 2007, $30,000,000.’’; and 

3 (B) in subsection (b), by striking para4 graph (3). 

5 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. 

6 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

7 LAND ACQUISITION PROJECTS. 

8 (a) INSIDE THE UNITED STATES.—Using amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2304(a)(1), the Secretary of the Air Force 

11 may acquire real property and carry out military construc12 tion projects for the installations or locations inside the 

13 United States, and in the amounts, set forth in the fol14 lowing 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 


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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

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 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

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 

8 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap9 propriated pursuant to the authorization of appropriations 

10 in section 2304(a)(3), the Secretary of the Air Force may 

11 acquire real property and carry out military construction 

12 projects for unspecified installations or locations in the 

13 amount set forth in the following table: 


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Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Unspecified Worldwide .......................... $35,677,000 

1 SEC. 2302. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(a)(6)(A), the Secretary of the 

5 Air Force may construct or acquire family housing units 

6 (including land acquisition and supporting facilities) at the 

7 installations or locations, in the number of units, and in 

8 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 

Spangdahlem Air Base ................. 60 ..... $39,294,000 

United Kingdom ........ Royal Air Force Lakenheath ........ 74 ..... $35,282,000 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2304(a)(6)(A), the Secretary of the Air Force may 

12 carry out architectural and engineering services and con13 struction design activities with respect to the construction 

14 or improvement of military family housing units in an 

15 amount not to exceed $13,202,000. 


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1 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

2 UNITS. 

3 Subject to section 2825 of title 10, United States 

4 Code, and using amounts appropriated pursuant to the 

5 authorization of appropriations in section 2304(a)(6)(A), 

6 the Secretary of the Air Force may improve existing mili7 tary family housing units in an amount not to exceed 

8 $403,777,000. 

9 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

10 FORCE. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

12 are hereby authorized to be appropriated for fiscal years 

13 beginning after September 30, 2006, for military con14 struction, land acquisition, and military family housing 

15 functions of the Department of the Air Force in the total 

16 amount of $3,157,882,000, as follows: 

17 (1) For military construction projects inside the 

18 United States authorized by section 2301(a), 

19 $818,386,000. 

20 (2) For military construction projects outside 

21 the United States authorized by section 2301(b), 

22 $182,806,000. 

23 (3) For military construction projects at un24 specified worldwide locations authorized by section 

25 2301(c), $35,677,000. 


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1 (4) For unspecified minor military construction 

2 projects authorized by section 2805 of title 10, 

3 United States Code, $15,000,000. 

4 (5) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $97,504,000. 

7 (6) For military family housing functions: 

8 (A) For construction and acquisition, plan9 ning and design, and improvement of military 

10 family housing and facilities, $1,169,138,000. 

11 (B) For support of military family housing 

12 (including functions described in section 2833 

13 of title 10, United States Code), $755,071,000. 

14 (7) For the construction of increment 2 of the 

15 C–17 maintenance complex at Elmendorf Air Force 

16 Base, Alaska, authorized by section 2301(a) of the 

17 Military Construction Authorization Act for Fiscal 

18 Year 2006 (division B of Public Law 109–163; 119 

19 Stat. 3494), $30,000,000. 

20 (8) For the construction of increment 2 of the 

21 main base runway at Edwards Air Force Base, Cali22 fornia, authorized by section 2301(a) of the Military 

23 Construction Authorization Act for Fiscal Year 2006 

24 (division B of Public Law 109–163; 119 Stat. 

25 3494), $31,000,000. 


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1 (9) For the construction of increment 2 of the 

2 CENTCOM Joint Intelligence Center at MacDill Air 

3 Force Base, Florida, authorized by section 2301(a) 

4 of the Military Construction Authorization Act for 

5 Fiscal Year 2006 (division B of Public Law 109– 

6 163; 119 Stat. 3494), $23,300,000. 

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and 

10 any other cost variation authorized by law, the total cost 

11 of all projects carried out under section 2301 of this Act 

12 may not exceed the total amount authorized to be appro13 priated under paragraphs (1), (2), and (3) of subsection 

14 (a). 

15 TITLE IV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Family housing. 

Sec. 2403. Energy conservation projects. 

Sec. 2404. Authorized base closure and realignment activities funded through 

Department of Defense Base Closure Account 2005. 

Sec. 2405. Authorization of appropriations, Defense Agencies. 

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

projects. 

16 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC17 TION AND LAND ACQUISITION PROJECTS. 

18 (a) INSIDE THE UNITED STATES.—Using amounts 

19 appropriated pursuant to the authorization of appropria20 tions in section 2405(a)(1), the Secretary of Defense may 

21 acquire real property and carry out military construction 


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1 projects for the installations or locations inside the United 

2 States, and in the amounts, set forth in the following ta3 bles: 

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 

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 


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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 

6 United States, and in the amounts, set forth in the fol7 lowing 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 

TRICARE Management Activity 

Country Installation or Location Amount 

Italy .................................. Vicenza .................................................. $52,000,000 

8 SEC. 2402. FAMILY HOUSING. 

9 (a) CONSTRUCTION AND ACQUISITION.—Using 

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2405(a)(9)(A), the Secretary of 

12 Defense may construct or acquire family housing units 

13 (including land acquisition and supporting facilities) at the 


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1 location, in the number of units, and in the amount set 

2 forth in the following table: 

Defense Logistics Agency: Family Housing 

State Location Units Amount 

Virginia .................... Richmond International Airport ... 25 ....... $7,840,000 

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriations in 

5 section 2405(a)(9)(A), the Secretary of Defense may carry 

6 out architectural and engineering services and construc7 tion design activities with respect to the construction or 

8 improvement of military family housing units in an 

9 amount not to exceed $200,000. 

10 SEC. 2403. ENERGY CONSERVATION PROJECTS. 

11 Using amounts appropriated pursuant to the author12 ization of appropriations in section 2405(a)(6), the Sec13 retary of Defense may carry out energy conservation 

14 projects under section 2865 of title 10, United States 

15 Code, in the amount of $55,000,000. 

16 SEC. 2404. AUTHORIZED BASE CLOSURE AND REALIGN17 MENT ACTIVITIES FUNDED THROUGH DE18 PARTMENT OF DEFENSE BASE CLOSURE AC19 COUNT 2005. 

20 (a) AUTHORIZED ACTIVITIES.—Using amounts ap21 propriated pursuant to the authorization of appropriations 

22 in section 2405(a)(8), the Secretary of Defense may carry 

23 out base closure and realignment activities, including real 


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1 property acquisition and military construction projects, as 

2 authorized by the Defense Base Closure and Realignment 

3 Act of 1990 (part A of title XXIX of Public Law 101– 

4 510; 10 U.S.C. 2687 note) and funded through the De5 partment of Defense Base Closure Account 2005 estab6 lished by section 2906A of such Act, in the amount of 

7 $5,902,723,000. 

8 (b) CONFORMING AMENDMENTS TO FISCAL YEAR

9 2006 AUTHORIZATIONS.— 

10 (1) AUTHORIZED ACTIVITIES.—Title XXIV of 

11 the Military Construction Authorization Act for Fis12 cal Year 2006 (division B of Public Law 109–163; 

13 119 Stat. 3496) is amended by adding at the end 

14 the following new section: 

15 ‘‘SEC. 2404. AUTHORIZED BASE CLOSURE AND REALIGN16 MENT ACTIVITIES FUNDED THROUGH DE17 PARTMENT OF DEFENSE BASE CLOSURE AC18 COUNT 2005. 

19 ‘‘Using amounts appropriated pursuant to the au20 thorization of appropriations in section 2403(a)(7), the 

21 Secretary of Defense may carry out base closure and re22 alignment activities, including real property acquisition 

23 and military construction projects, as authorized by the 

24 Defense Base Closure and Realignment Act of 1990 (part 

25 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 


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1 note) and funded through the Department of Defense 

2 Base Closure Account 2005 established by section 2906A 

3 of such Act, in the amount of $2,035,466,000.’’. 

4 (2) AUTHORIZATION OF APPROPRIATIONS AND

5 LIMITATIONS.—Section 2403 of that Act (119 Stat. 

6 3499) is amended— 

7 (A) in subsection (a)(7)— 

8 (i) by striking ‘‘as authorized by the 

9 Defense Base Closure and Realignment 

10 Act of 1990 (part A of title XXIX of Pub11 lic Law 101–510; 10 U.S.C. 2687 note)’’ 

12 and inserting ‘‘authorized by section 2404 

13 of this Act’’; and 

14 (ii) by striking ‘‘section 2906 of such 

15 Act’’ and inserting ‘‘section 2906A of the 

16 Defense Base Closure and Realignment 

17 Act of 1990 (part A of title XXIX of Pub18 lic Law 101–510; 10 U.S.C. 2687 note)’’; 

19 (B) by redesignating subsection (c) as sub20 section (d); and 

21 (C) by inserting after subsection (b) the 

22 following new subsection (c): 

23 ‘‘(c) LIMITATION ON TOTAL COST OF BASE CLOSURE

24 AND REALIGNMENT ACTIVITIES.—Notwithstanding the 

25 cost variations authorized by section 2853 of title 10, 


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1 United States Code, and any other cost variation author2 ized by law, the total cost of all base closure and realign3 ment activities, including real property acquisition and 

4 military construction projects, carried out under section 

5 2404 of this Act may not exceed the sum of the following: 

6 ‘‘(1) The total amount authorized to be appro7 priated under subsection (a)(7). 

8 ‘‘(2) $531,000,000 (the balance of the amount 

9 authorized under section 2404 for base closure and 

10 realignment activities).’’. 

11 SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DE12 FENSE AGENCIES. 

13 (a) IN GENERAL.—Funds are hereby authorized to 

14 be appropriated for fiscal years beginning after September 

15 30, 2006, for military construction, land acquisition, and 

16 military family housing functions of the Department of 

17 Defense (other than the military departments) in the total 

18 amount of $7,160,356,000, as follows: 

19 (1) For military construction projects inside the 

20 United States authorized by section 2401(a), 

21 $537,616,000. 

22 (2) For military construction projects outside 

23 the United States authorized by section 2401(b), 

24 $163,197,000. 


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1 (3) For unspecified minor military construction 

2 projects under section 2805 of title 10, United 

3 States Code, $21,672,000. 

4 (4) For contingency construction projects of the 

5 Secretary of Defense under section 2804 of title 10, 

6 United States Code, $10,000,000. 

7 (5) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $172,950,000. 

10 (6) For energy conservation projects authorized 

11 by section 2403 of this Act, $55,000,000. 

12 (7) For base closure and realignment activities 

13 as authorized by the Defense Base Closure and Re14 alignment Act of 1990 (part A of title XXIX of 

15 Public Law 101–510; 10 U.S.C. 2687 note) and 

16 funded through the Department of Defense Base 

17 Closure Account 1990 established by section 2906 of 

18 such Act, $191,220,000. 

19 (8) For base closure and realignment activities 

20 authorized by section 2404 of this Act and funded 

21 through the Department of Defense Base Closure 

22 Account 2005 established by section 2906A of the 

23 Defense Base Closure and Realignment Act of 1990 

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

25 U.S.C. 2687 note), $5,236,223,000. 


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1 (9) For military family housing functions: 

2 (A) For construction and acquisition, plan3 ning and design, and improvement of military 

4 family housing and facilities, $8,808,000. 

5 (B) For support of military family housing 

6 (including functions described in section 2833 

7 of title 10, United States Code), $48,506,000. 

8 (C) For credit to the Department of De9 fense Family Housing Improvement Fund es10 tablished by section 2883(a)(1) of title 10, 

11 United States Code, $2,500,000 

12 (10) For the construction of increment 2 of the 

13 regional security operations center at Augusta, Geor14 gia, authorized by section 2401(a) of the Military 

15 Construction Authorization Act of Fiscal Year 2006 

16 (division B of Public Law 109–163; 119 Stat. 

17 3497), as amended by section 2406 of this Act, 

18 $87,118,000. 

19 (11) For the construction of increment 2 of the 

20 regional security operations center at Kunia, Hawaii, 

21 authorized by section 2401(a) of the Military Con22 struction Authorization Act of Fiscal Year 2006 (di23 vision B of Public Law 109–163; 119 Stat. 3497), 

24 $47,016,000. 


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1 (12) For the construction of increment 2 of the 

2 classified material conversion facility at Fort Meade, 

3 Maryland, authorized by section 2401(a) of the Mili4 tary Construction Authorization Act of Fiscal Year 

5 2006 (division B of Public Law 109–163; 119 Stat. 

6 3497), $11,151,000. 

7 (13) For the construction of increment 2 of an 

8 operations building, Royal Air Force Menwith Hill 

9 Station, United Kingdom, authorized by section 

10 2401(b) of the Military Construction Authorization 

11 Act of Fiscal Year 2006 (division B of Public Law 

12 109–163; 119 Stat. 3498), as amended by section 

13 2406 of this Act, $46,386,000. 

14 (14) For the construction of the second incre15 ment of certain base closure and realignment activi16 ties authorized by section 2404 of the Military Con17 struction Authorization Act of Fiscal Year 2006 (di18 vision B of Public Law 109–163; 119 Stat. 3500), 

19 as added by section 2404(b) of this Act, 

20 $390,000,000. 

21 (15) For the construction of increment 7 of a 

22 munitions demilitarization facility at Blue Grass 

23 Army Depot, Kentucky, authorized by section 

24 2401(a) of the Military Construction Authorization 

25 Act for Fiscal Year 2000 (division B of Public Law 


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1 106–65; 113 Stat. 835), as amended by section 

2 2405 of the Military Construction Authorization Act 

3 of 2002 (division B of Public Law 107–107; 115 

4 Stat. 1298), and section 2405 of the Military Con5 struction Authorization Act for Fiscal Year 2003 

6 (division B of Public Law 107–314; 116 Stat. 

7 2698), $89,157,000. 

8 (16) For the construction of increment 8 of a 

9 munitions demilitarization facility at Pueblo Chem10 ical Activity, Colorado, authorized by section 

11 2401(a) of the Military Construction Authorization 

12 Act for Fiscal Year 1997 (division B of Public Law 

13 104–201; 110 Stat. 2775), as amended by section 

14 2406 of the Military Construction Authorization Act 

15 for Fiscal Year 2000 (division B of Public Law 106– 

16 65; 113 Stat. 839), and section 2407 of the Military 

17 Construction Authorization Act for Fiscal Year 2003 

18 (division B of Public Law 107–314; 116 Stat. 

19 2698), $41,836,000. 

20 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

21 PROJECTS.—Notwithstanding the cost variations author22 ized by section 2853 of title 10, United States Code, and 

23 any other cost variation authorized by law, the total cost 

24 of all projects carried out under section 2401 of this Act 

25 may not exceed the sum of the following: 


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1 (1) The total amount authorized to be appro2 priated under paragraphs (1) and (2) of subsection 

3 (a). 

4 (2) $46,400,000 (the balance of the amount au5 thorized under section 2401(a) for construction of a 

6 health clinic at MacDill Air Force Base, Florida). 

7 (3) $521,000,000 (the balance of the amount 

8 authorized under section 2401(a) for stage 1 of the 

9 replacement of the Army Medical Research Institute 

10 of Infectious Diseases at Fort Detrick, Maryland). 

11 (c) LIMITATION ON TOTAL COST OF BASE CLOSURE

12 AND REALIGNMENT ACTIVITIES.—Notwithstanding the 

13 cost variations authorized by section 2853 of title 10, 

14 United States Code, and any other cost variation author15 ized by law, the total cost of all base closure and realign16 ment activities, including real property acquisition and 

17 military construction projects, carried out under section 

18 2404(a) of this Act may not exceed the sum of the fol19 lowing: 

20 (1) The total amount authorized to be appro21 priated under subsection (a)(8). 

22 (2) $666,500,000 (the balance of the amount 

23 authorized under section 2404(a) for base closure 

24 and realignment activities). 


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1 (d) NOTICE AND WAIT REQUIREMENT APPLICABLE

2 TO OBLIGATION OF FUNDS FOR BASE CLOSURE AND RE3 ALIGNMENT ACTIVITIES.—Funds appropriated pursuant 

4 to the authorization of appropriations in subsection (a)(8) 

5 may not be obligated until— 

6 (1) a period of 21 days has expired following 

7 the date on which the Secretary of Defense submits 

8 to the congressional defense committees a report de9 scribing the specific programs, projects, and activi10 ties for which the funds are to be obligated; or 

11 (2) if over sooner, a period of 14 days has ex12 pired following the date on which a copy of the re13 port is provided in an electronic medium pursuant to 

14 section 480 of title 10, United States Code. 

15 SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT 

16 CERTAIN FISCAL YEAR 2006 PROJECTS. 

17 (a) MODIFICATION OF INSIDE THE UNITED STATES

18 NATIONAL SECURITY AGENCY PROJECTS.—The table re19 lating to the National Security Agency in subsection (a) 

20 of section 2401 of the Military Construction Authorization 

21 Act for Fiscal Year 2006 (division B of Public Law 109– 

22 163; 119 Stat. 3497) is amended— 

23 (1) in the item relating to Augusta, Georgia, by 

24 striking ‘‘$61,466,000’’ in the amount column and 

25 inserting ‘‘$340,836,000’’; and 


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1 (2) in the item relating to Kunia, Hawaii, by 

2 striking ‘‘$305,000,000’’ in the amount column and 

3 inserting ‘‘$350,490,000’’. 

4 (b) MODIFICATION OF OUTSIDE THE UNITED

5 STATES NATIONAL SECURITY AGENCY PROJECT.—The 

6 table relating to the National Security Agency in sub7 section (b) of such section (119 Stat. 3498) is amended 

8 in the item relating to Menwith Hill, United Kingdom, by 

9 striking ‘‘$86,354,000’’ in the amount column and insert10 ing ‘‘$87,752,000’’. 

11 (c) CONFORMING AMENDMENTS.—Section 2403(b) 

12 of that Act (119 Stat. 3500) is amended— 

13 (1) in paragraph (2), by striking 

14 ‘‘$12,500,000’’ and inserting ‘‘$291,870,000’’; 

15 (2) in paragraph (3), by striking 

16 ‘‘$256,034,000’’ and inserting ‘‘$301,524,000’’; and 

17 (3) in paragraph (5), by striking 

18 ‘‘$44,657,000’’ and inserting ‘‘$46,055,000’’. 

19 TITLE V—NORTH ATLANTIC 

20 TREATY ORGANIZATION SE21 CURITY INVESTMENT PRO22 GRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 


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1 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

3 The Secretary of Defense may make contributions for 

4 the North Atlantic Treaty Organization Security Invest5 ment program as provided in section 2806 of title 10, 

6 United States Code, in an amount not to exceed the sum 

7 of the amount authorized to be appropriated for this pur8 pose in section 2502 and the amount collected from the 

9 North Atlantic Treaty Organization as a result of con10 struction previously financed by the United States. 

11 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

12 Funds are hereby authorized to be appropriated for 

13 fiscal years beginning after September 30, 2006, for con14 tributions by the Secretary of Defense under section 2806 

15 of title 10, United States Code, for the share of the United 

16 States of the cost of projects for the North Atlantic Treaty 

17 Organization Security Investment program authorized by 

18 section 2501, in the amount of $200,985,000. 

19 TITLE VI—GUARD AND RESERVE 

20 FORCES FACILITIES 

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

projects. 

21 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC22 TION AND LAND ACQUISITION PROJECTS. 

23 Funds are hereby authorized to be appropriated for 

24 fiscal years beginning after September 30, 2006, for the 


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1 costs of acquisition, architectural and engineering services, 

2 and construction of facilities for the Guard and Reserve 

3 Forces, and for contributions therefor, under chapter 

4 1803 of title 10, United States Code (including the cost 

5 of acquisition of land for those facilities), in the following 

6 amounts: 

7 (1) For the Department of the Army— 

8 (A) for the Army National Guard of the 

9 United States, $518,403,000; and 

10 (B) for the Army Reserve, $169,487,000. 

11 (2) For the Department of the Navy, for the 

12 Navy Reserve and Marine Corps Reserve, 

13 $55,158,000. 

14 (3) For the Department of the Air Force— 

15 (A) for the Air National Guard of the 

16 United States, $212,788,000; and 

17 (B) for the Air Force Reserve, 

18 $56,836,000. 

19 TITLE VII—EXPIRATION AND EX20 TENSION OF AUTHORIZA21 TIONS 

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

by law. 

Sec. 2702. Effective date. 


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1 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND 

2 AMOUNTS REQUIRED TO BE SPECIFIED BY 

3 LAW. 

4 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

5 YEARS.—Except as provided in subsection (b), all author6 izations contained in titles XXI through XXVI for military 

7 construction projects, land acquisition, family housing 

8 projects and facilities, and contributions to the North At9 lantic Treaty Organization Security Investment program 

10 (and authorizations of appropriations therefor) shall ex11 pire on the later of— 

12 (1) October 1, 2009; or 

13 (2) the date of the enactment of an Act author14 izing funds for military construction for fiscal year 

15 2010. 

16 (b) EXCEPTION.—Subsection (a) shall not apply to 

17 authorizations for military construction projects, land ac18 quisition, family housing projects and facilities, and con19 tributions to the North Atlantic Treaty Organization Se20 curity Investment program (and authorizations of appro21 priations therefor), for which appropriated funds have 

22 been obligated before the later of— 

23 (1) October 1, 2009; or 

24 (2) the date of the enactment of an Act author25 izing funds for fiscal year 2010 for military con26 struction projects, land acquisition, family housing 


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1 projects and facilities, or contributions to the North 

2 Atlantic Treaty Organization Security Investment 

3 program. 

4 SEC. 2702. EFFECTIVE DATE. 

5 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI 

6 of this Act shall take effect on the later of— 

7 (1) October 1, 2006; or 

8 (2) the date of the enactment of this Act. 

9 TITLE VIII—MILITARY CON10 STRUCTION GENERAL PROVI11 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. 

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. 


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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. 

Sec. 2826. Defense access road program. 

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. 

Sec. 2844. Land conveyance, North Hills Army Reserve Center, Allison Park, 

Pennsylvania. 

Sec. 2845. Modifications to land conveyance authority, Engineering Proving 

Ground, Fort Belvoir, Virginia. 

Sec. 2846. Sense of Congress regarding land conveyance involving Army Reserve Center, Marshall, Texas. 

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. 

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, 

8 is amended by striking ‘‘$45,000,000’’ and inserting 

9 ‘‘$60,000,000’’. 


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1 SEC. 2802. APPLICABILITY OF LOCAL COMPARABILITY OF 

2 ROOM PATTERN AND FLOOR AREA REQUIRE3 MENTS TO CONSTRUCTION, ACQUISITION, 

4 AND IMPROVEMENT TO MILITARY UNACCOM5 PANIED HOUSING. 

6 (a) APPLICATION TO MILITARY UNACCOMPANIED

7 HOUSING.—Section 2826 of title 10, United States Code, 

8 is amended— 

9 (1) in subsection (a)— 

10 (A) by inserting ‘‘or military unaccom11 panied housing’’ after ‘‘military family housing’’ 

12 the first place it appears; and 

13 (B) by striking ‘‘military family housing’’ 

14 the second place it appears and inserting ‘‘such 

15 housing’’; and 

16 (2) in subsection (b)— 

17 (A) by striking ‘‘REQUESTS FOR AUTHOR18 ITY FOR MILITARY FAMILY HOUSING’’ and in19 serting ‘‘INFORMATION ON NET FLOOR AREAS

20 OF PROPOSED UNITS’’; 

21 (B) in paragraph (1)— 

22 (i) by inserting ‘‘or military unaccom23 panied housing’’ after ‘‘military family 

24 housing’’ the first place it appears; and 


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1 (ii) by striking ‘‘military family hous2 ing’’ the second place it appears and in3 serting ‘‘such housing’’; and 

4 (C) in paragraph (2), by striking ‘‘military 

5 family housing unit’’ and inserting ‘‘unit of 

6 military family housing or military unaccom7 panied housing’’. 

8 (b) WAIVER AUTHORITY.—Such section is further 

9 amended by adding at the end the following new sub10 section: 

11 ‘‘(c) WAIVER AUTHORITY.—The Secretary concerned 

12 may waive the requirements of subsection (a) in the case 

13 of the construction, acquisition, or improvement of mili14 tary unaccompanied housing on a case-by-case basis. The 

15 Secretary shall include the reasons for the waiver in the 

16 request submitted to Congress for authority to carry out 

17 the construction, acquisition, or improvement project.’’. 

18 (c) CLERICAL AMENDMENTS.— 

19 (1) SECTION HEADING.—The heading of such 

20 section is amended to read as follows: 

21 ‘‘§ 2826. Local comparability of room patterns and 

22 floor areas’’. 

23 (2) TABLE OF SECTIONS.—The table of sections 

24 at the beginning of subchapter II of chapter 169 of 

25 such title is amended by striking the item relating 


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1 to section 2826 and inserting the following new 

2 item: 

‘‘2826. Local comparability of room patterns and floor areas.’’. 

3 (d) REPEAL OF SUPERSEDED PROVISION.— 

4 (1) REPEAL.—Section 2856 of such title is re5 pealed. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of subchapter III of chapter 

8 169 of such title is amended by striking the item re9 lating to section 2856. 

10 (e) CONFORMING AMENDMENTS REGARDING ALTER11 NATIVE ACQUISITION AND IMPROVEMENT AUTHORITY.— 

12 Section 2880(b) of such title is amended— 

13 (1) by striking ‘‘(1)’’; 

14 (2) by inserting ‘‘or military unaccompanied 

15 housing’’ after ‘‘military family housing’’; and 

16 (3) by striking paragraph (2). 

17 SEC. 2803. AUTHORITY TO USE PROCEEDS FROM SALE OF 

18 MILITARY FAMILY HOUSING TO SUPPORT 

19 MILITARY HOUSING PRIVATIZATION INITIA20 TIVE. 

21 (a) TRANSFER FLEXIBILITY.—Section 2831 of title 

22 10, United States Code, is amended— 

23 (1) in subsection (b), by striking ‘‘There’’ and 

24 inserting ‘‘Except as provided in subsection (e), 

25 there’’; 


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1 (2) by redesignating subsections (e) and (f) as 

2 subsections (f) and (g), respectively; and 

3 (3) by inserting after subsection (d) the fol4 lowing new subsection (e): 

5 ‘‘(e) AUTHORITY TO TRANSFER CERTAIN PROCEEDS

6 TO SUPPORT MILITARY HOUSING PRIVATIZATION INITIA7 TIVE.—(1) The Secretary concerned may transfer family 

8 housing proceeds referred to in subsection (b)(3) to the 

9 Department of Defense Family Housing Improvement 

10 Fund established under section 2883(a)(1) of this title. 

11 ‘‘(2) A transfer of proceeds under paragraph (1) may 

12 be made only after the end of the 30-day period beginning 

13 on the date the Secretary concerned submits written notice 

14 of, and justification for, the transfer to the appropriate 

15 committees of Congress or, if earlier, the end of the 14- 

16 day period beginning on the date on which a copy of the 

17 notice and justification is provided in an electronic me18 dium pursuant to section 480 of this title.’’. 

19 (b) STYLISTIC AMENDMENTS.—Such section is fur20 ther amended— 

21 (1) in subsection (a), by inserting ‘‘ESTABLISH22 MENT.—’’ after ‘‘(a)’’; 

23 (2) in subsection (b), by inserting ‘‘CREDITS TO

24 ACCOUNT.—’’ after ‘‘(b)’’; 


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1 (3) in subsection (c), by inserting ‘‘AVAIL2 ABILITY OF AMOUNTS IN ACCOUNT.—’’ after ‘‘(c)’’; 

3 and 

4 (4) in subsection (d), by inserting ‘‘USE OF AC5 COUNT.—’’ after ‘‘(d)’’. 

6 (c) CONFORMING AMENDMENT.—Section 2883(c)(1) 

7 of such title is amended by adding at the end the following 

8 new subparagraph: 

9 ‘‘(G) Proceeds of the handling and the disposal 

10 of family housing of a military department that the 

11 Secretary concerned transfers to that Fund pursu12 ant to section 2831(e) of this title.’’. 

13 SEC. 2804. REPEAL OF SPECIAL REQUIREMENT FOR MILI14 TARY CONSTRUCTION CONTRACTS ON GUAM. 

15 (a) REPEAL.—Section 2864 of title 10, United States 

16 Code, is repealed. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of subchapter III of chapter 169 of such 

19 title is amended by striking the item relating to section 

20 2864. 


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1 SEC. 2805. CONGRESSIONAL NOTIFICATION OF CANCELLA2 TION CEILING FOR DEPARTMENT OF DE3 FENSE ENERGY SAVINGS PERFORMANCE 

4 CONTRACTS. 

5 Section 2865 of title 10, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(g) CONGRESSIONAL NOTIFICATION OF CANCELLA9 TION CEILING FOR ENERGY SAVINGS PERFORMANCE

10 CONTRACTS.—When a decision is made to award an en11 ergy savings performance contract that contains a clause 

12 setting forth a cancellation ceiling in excess of $7,000,000, 

13 the Secretary of Defense shall submit to the appropriate 

14 committees of Congress written notification of the pro15 posed contract and of the proposed cancellation ceiling for 

16 the contract. The notification shall include the justifica17 tion for the proposed cancellation ceiling. The contract 

18 may then be awarded only after the end of the 30-day 

19 period beginning on the date the notification is received 

20 by such committees or, if earlier, the end of the 15-day 

21 period beginning on the date on which a copy of the notifi22 cation is provided in an electronic medium pursuant to 

23 section 480 of this title.’’. 


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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 

10 concerned’’; 

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)’’; 

14 and 

15 (4) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2) Paragraph (1) applies with respect to real prop18 erty under the jurisdiction of the Secretary concerned 

19 that— 

20 ‘‘(A) is located on a military installation that is 

21 closed or realigned under a base closure law; or 

22 ‘‘(B) is determined to be excess to the needs of 

23 the Department of Defense.’’. 

24 (b) USE OF AUTHORITY TO SUPPORT AGREEMENTS

25 TO LIMIT ENCROACHMENTS.—Subparagraph (A) of para26 graph (1) of subsection (a) of such section, as redesigVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 nated and amended by subsection (a), is further amended 

2 by striking ‘‘land acquisition’’ and inserting ‘‘land acquisi3 tion, including a land acquisition under an agreement en4 tered into under section 2684a of this title to limit en5 croachments and other constraints on military training, 

6 testing, and operations’’. 

7 (c) ADVANCE NOTICE OF USE OF AUTHORITY; CON8 TENT OF NOTICE.—Subsection (d) of such section is 

9 amended— 

10 (1) in paragraph (1), by striking ‘‘closed or re11 aligned under the base closure laws is to be con12 veyed’’ and inserting ‘‘is proposed for conveyance’’; 

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

14 following new paragraph: 

15 ‘‘(2) The Secretary concerned may not enter into an 

16 agreement under subsection (a) for the conveyance of real 

17 property until— 

18 ‘‘(A) the Secretary submits to Congress notice 

19 of the conveyance, including— 

20 ‘‘(i) a description of the military construc21 tion project, land acquisition, military family 

22 housing, or military unaccompanied housing to 

23 be carried out under the agreement in exchange 

24 for the conveyance of the property; and 


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1 ‘‘(ii) the amount of any payment to be 

2 made under subsection (b) or under section 

3 2684a(d) of this title to equalize the fair mar4 ket values of the property to be conveyed and 

5 the military construction project, land acquisi6 tion, military family housing, or military unac7 companied housing to be carried out under the 

8 agreement in exchange for the conveyance of 

9 the property; and 

10 ‘‘(B) a period of 21 days has elapsed from the 

11 date of receipt of the notice or, if over sooner, a pe12 riod of 14 days has elapsed from the date on which 

13 a copy of the notice is provided in an electronic me14 dium pursuant to section 480 of this title.’’. 

15 (d) DEPOSIT AND USE OF FUNDS.—Subsection (e) 

16 of such section is amended to read as follows: 

17 ‘‘(e) DEPOSIT AND USE OF FUNDS.—(1) The Sec18 retary concerned shall deposit funds received under sub19 section (b) in the appropriation ‘Foreign Currency Fluc20 tuations, Construction, Defense’. 

21 ‘‘(2) The funds deposited under paragraph (1) shall 

22 be available, in such amounts as provided in appropriation 

23 Acts, for the purpose of paying increased costs of overseas 

24 military construction and family housing construction or 

25 improvement associated with unfavorable fluctuations in 


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1 currency exchange rates. The use of such funds for this 

2 purpose does not relieve the Secretary concerned from the 

3 duty to provide advance notice to Congress under section 

4 2853(c) of this title whenever the Secretary approves an 

5 increase in the cost of an overseas project under such sec6 tion.’’. 

7 (e) ANNUAL REPORTS; EFFECT OF FAILURE TO

8 SUBMIT.—Subsection (f) of such section is amended— 

9 (1) by redesignating paragraphs (1), (2), and 

10 (3) as subparagraphs (A), (B), and (C), respectively; 

11 (2) in subparagraph (C), as so redesignated, by 

12 inserting before the period at the end the following: 

13 ‘‘and of excess real property at military installa14 tions’’; 

15 (3) by striking ‘‘(f)’’ and all that follows 

16 through ‘‘the following:’’ and inserting the following: 

17 ‘‘(f) ANNUAL REPORTS; EFFECT OF FAILURE TO

18 SUBMIT.—(1) Not later than March 15 of each year, the 

19 Secretary of Defense shall submit to Congress a report 

20 detailing the following:’’; and 

21 (4) by adding at the end the following new 

22 paragraph: 

23 ‘‘(2) If the report for a year is not submitted to Con24 gress by the date specified in paragraph (1), the Secretary 

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1 section (a) after that date for the conveyance of real prop2 erty until the date on which the report is finally sub3 mitted.’’. 

4 (f) CLERICAL AMENDMENTS.— 

5 (1) SECTION HEADING.—The heading of such 

6 section is amended to read as follows: 

7 ‘‘§ 2869. Conveyance of property at military installa8 tions to support military construction or 

9 limit encroachment’’. 

10 (2) TABLE OF SECTIONS.—The table of sections 

11 at the beginning of subchapter III of chapter 169 of 

12 such title is amended by striking the item relating 

13 to section 2869 and inserting the following new 

14 item: 

‘‘2869. Conveyance of property at military installations to support military construction or limit encroachment.’’. 

15 (g) CONFORMING AMENDMENTS TO DEPARTMENT OF

16 DEFENSE HOUSING FUNDS.—Section 2883(c) of such 

17 title is amended— 

18 (1) in paragraph (1), by striking subparagraph 

19 (F); and 

20 (2) in paragraph (2), by striking subparagraph 

21 (F). 

22 (h) CONFORMING AMENDMENTS TO AUTHORITY TO

23 LIMIT ENCROACHMENTS.—Subsection (d)(3) of section 

24 2684a of such title is amended— 


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1 (1) by redesignating subparagraphs (B) and 

2 (C) as subparagraphs (C) and (D), respectively; 

3 (2) in subparagraph (C), as so redesignated, by 

4 striking ‘‘in the sharing of acquisition costs of real 

5 property, or an interest in real property, under para6 graph (1)(B)’’ and inserting ‘‘under subparagraph 

7 (A), either through the contribution of funds or ex8 cess real property, or both,’’; and 

9 (3) by inserting after subparagraph (A) the fol10 lowing new subparagraph (B): 

11 ‘‘(B) In lieu of or in addition to making a monetary 

12 contribution toward the cost of acquiring a parcel of real 

13 property, or an interest therein, pursuant to an agreement 

14 under this section, the Secretary concerned may convey, 

15 using the authority provided by section 2869 of this title, 

16 real property described in subsection (a)(2) of such sec17 tion.’’. 

18 SEC. 2807. PILOT PROJECTS FOR ACQUISITION OR CON19 STRUCTION OF MILITARY UNACCOMPANIED 

20 HOUSING. 

21 (a) EXTENSION OF AUTHORITY TO CARRY OUT

22 PILOT PROJECTS.—Subsection (f) of section 2881a of 

23 title 10, United States Code, is amended by striking 

24 ‘‘2007’’ and inserting ‘‘2011’’. 


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1 (b) AUTHORIZED PROJECTS.—Subsection (a) of such 

2 section is amended by striking ‘‘three pilot projects’’ and 

3 inserting ‘‘six pilot projects’’. 

4 (c) NOTIFICATION OF FUNDING TRANSFERS.—Sub5 section (d)(2) of such section is amended by striking ‘‘90 

6 days prior notification’’ and inserting ‘‘45 days prior noti7 fication, or 30 days if the notification is provided in an 

8 electronic medium pursuant to section 480 of this title,’’. 

9 (d) REPORT SUBMISSION.—Subsection (e)(2) of such 

10 section is amended by striking the second sentence and 

11 inserting the following new sentence: ‘‘The Secretary may 

12 then issue the contract solicitation or offer the conveyance 

13 or lease after the end of the 45-day period beginning on 

14 the date the report is received by the appropriate commit15 tees of Congress or, if earlier, the end of the 30-day period 

16 beginning on the date on which a copy of the report is 

17 provided in an electronic medium pursuant to section 480 

18 of this title.’’. 

19 SEC. 2808. CONSIDERATION OF ALTERNATIVE AND MORE 

20 EFFICIENT USES FOR GENERAL OFFICER 

21 AND FLAG OFFICER QUARTERS IN EXCESS OF 

22 6,000 SQUARE FEET. 

23 (a) REPORTING REQUIREMENTS.—Paragraph (1) of 

24 subsection (f) of section 2831 of title 10, United States 


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1 Code, as redesignated by section 2803(a)(2), is amend2 ed— 

3 (1) in subparagraph (A), by striking ‘‘and’’ at 

4 the end of the subparagraph; 

5 (2) in subparagraph (B)— 

6 (A) by striking ‘‘so identified’’ and insert7 ing ‘‘identified under subparagraph (A)’’; and 

8 (B) by striking the period at the end of the 

9 subparagraph and inserting a semicolon; and 

10 (3) by adding at the end the following new sub11 paragraphs: 

12 ‘‘(C) identifying each family housing unit in ex13 cess of 6,000 square feet used, or intended for use, 

14 as quarters for a general officer or flag officer; 

15 ‘‘(D) for each family housing unit identified 

16 under subparagraph (C), specifying any alternative 

17 and more efficient use to which the unit could be 

18 converted (which would include any costs necessary 

19 to convert the unit) and containing an explanation 

20 of the reasons why the unit is not being converted 

21 to the alternative use; and 

22 ‘‘(E) for each family housing unit identified 

23 under subparagraph (C) for which costs under sub24 paragraph (A) or new construction costs are antici25 pated to exceed $100,000 in the next fiscal year, 


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1 specifying any alternative use to which the unit 

2 could be converted (which would include any costs 

3 necessary to convert the unit) and an estimate of the 

4 costs to demolish and rebuild the unit to private sec5 tor standards.’’. 

6 (b) CONFORMING AMENDMENT.—The heading of 

7 such subsection is amended by striking ‘‘COST OF’’. 

8 SEC. 2809. REPEAL OF TEMPORARY MINOR MILITARY CON9 STRUCTION PROGRAM. 

10 Section 2810 of the Military Construction Authoriza11 tion Act for Fiscal Year 2006 (division B of Public Law 

12 109–163; 119 Stat. 3509) is repealed. 

13 SEC. 2810. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED 

14 AUTHORITY TO USE OPERATION AND MAIN15 TENANCE FUNDS FOR CONSTRUCTION 

16 PROJECTS OUTSIDE THE UNITED STATES. 

17 Section 2808(a) of the Military Construction Author18 ization Act for Fiscal Year 2004 (division B of Public Law 

19 108–136; 117 Stat. 1723), as amended by section 2810 

20 of the Military Construction Authorization Act for Fiscal 

21 Year 2005 (division B of Public Law 108–375; 118 Stat. 

22 2128) and section 2809 of the Military Construction Au23 thorization Act for Fiscal Year 2006 (division B of Public 

24 Law 109–163; 119 Stat. 3508), is further amended by 

25 striking ‘‘and 2006’’ and inserting ‘‘through 2007’’. 


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1 Subtitle B—Real Property and 

2 Facilities Administration 

3 SEC. 2821. CONSOLIDATION OF DEPARTMENT OF DEFENSE 

4 AUTHORITIES REGARDING GRANTING OF 

5 EASEMENTS FOR RIGHTS-OF-WAY. 

6 (a) CONSOLIDATION.—Subsection (a) of section 2668 

7 of title 10, United States Code, is amended— 

8 (1) in the matter preceding paragraph (1)— 

9 (A) by striking ‘‘he’’ both places it appears 

10 and inserting ‘‘the Secretary’’; and 

11 (B) by striking ‘‘his control, to a State, 

12 Commonwealth, or possession, or political sub13 division thereof, or to a citizen, association, 

14 partnership, or corporation of a State, Com15 monwealth, or possession,’’ and inserting ‘‘the 

16 Secretary’s control’’; 

17 (2) in paragraph (2), by striking ‘‘oil pipe 

18 lines’’ and inserting ‘‘gas, water, sewer, and oil pipe 

19 lines’’; and 

20 (3) in paragraph (13), by striking ‘‘he considers 

21 advisable, except a purpose covered by section 2669 

22 of this title’’ and inserting ‘‘the Secretary considers 

23 advisable’’. 

24 (b) STYLISTIC AMENDMENTS.—Such section is fur25 ther amended— 


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1 (1) in subsection (a), by inserting ‘‘AUTHOR2 IZED TYPES OF EASEMENTS.—’’ after ‘‘(a)’’; 

3 (2) in subsection (b), by inserting ‘‘LIMITATION

4 ON SIZE OF EASEMENT.—’’ after ‘‘(b)’’; 

5 (3) in subsection (c), by inserting ‘‘TERMI6 NATION.—’’ after ‘‘(c)’’; 

7 (4) in subsection (d), by inserting ‘‘NOTICE TO

8 DEPARTMENT OF THE INTERIOR.—’’ after ‘‘(d)’’; 

9 and 

10 (5) in subsection (e), by inserting ‘‘DISPOSI11 TION OF CONSIDERATION.—’’ after ‘‘(e)’’. 

12 (c) CONFORMING REPEAL.—Section 2669 of such 

13 title is repealed. 

14 (d) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 159 of such title is amended 

16 by striking the item related to section 2669. 

17 SEC. 2822. AUTHORITY TO GRANT RESTRICTIVE EASE18 MENTS IN CONNECTION WITH LAND CONVEY19 ANCES. 

20 (a) RESTRICTIVE EASEMENTS.—Chapter 159 of title 

21 10, United States Code, is amended by inserting after sec22 tion 2668 the following new section: 


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1 ‘‘§ 2668a. Restrictive easements: granting easement in 

2 connection with land conveyances 

3 ‘‘(a) AUTHORITY TO INCLUDE RESTRICTIVE EASE4 MENT.—In connection with the conveyance of real prop5 erty by the Secretary concerned under any provision of 

6 law, the Secretary concerned may grant an easement re7 stricting future uses of the conveyed real property for a 

8 conservation purpose consistent with section 

9 170(h)(4)(A)(iv) of the Internal Revenue Code of 1986 

10 (26 U.S.C. 170(h)(4)(A)(iv)). 

11 ‘‘(b) AUTHORIZED RECIPIENTS.—An easement under 

12 subsection (a) may be granted only to a State or local gov13 ernment or a qualified organization, as that term is used 

14 in section 170(h) of the Internal Revenue Code of 1986 

15 (26 U.S.C. 170(h)). 

16 ‘‘(c) LIMITATION ON USE OF CONSERVATION EASE17 MENTS.—An easement under subsection (a) may not be 

18 granted unless— 

19 ‘‘(1) the Secretary concerned determines that 

20 the conservation purpose to be promoted by the 

21 easement cannot be effectively achieved through the 

22 application of State law by the State or a local gov23 ernment; 

24 ‘‘(2) the Secretary consults with the local gov25 ernment whose jurisdiction encompasses the prop26 erty regarding the grant of the easement; and 


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1 ‘‘(3) the Secretary can give or assign to a third 

2 party the responsibility for monitoring and enforcing 

3 the easement. 

4 ‘‘(d) ACREAGE LIMITATION.—No easement granted 

5 under this section may include more land than is nec6 essary for the easement. 

7 ‘‘(e) TERMS AND CONDITIONS.—The grant of an 

8 easement under this section shall be subject to such terms 

9 and conditions as the Secretary considers advisable.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 at the beginning of such chapter is amended by inserting 

12 after the item relating to section 2668 the following new 

13 item: 

‘‘2668a. Restrictive easements: granting easement in connection with land conveyances.’’. 

14 SEC. 2823. MAXIMUM TERM OF LEASES FOR STRUCTURES 

15 AND REAL PROPERTY RELATING TO STRUC16 TURES IN FOREIGN COUNTRIES NEEDED FOR 

17 PURPOSES OTHER THAN FAMILY HOUSING. 

18 Section 2675(a) of title 10, United States Code, is 

19 amended by striking ‘‘five years’’ and inserting ‘‘10 

20 years’’. 


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1 SEC. 2824. CONSOLIDATION OF LAWS RELATING TO TRANS2 FER OF DEPARTMENT OF DEFENSE REAL 

3 PROPERTY WITHIN THE DEPARTMENT AND 

4 TO OTHER FEDERAL AGENCIES. 

5 (a) INCLUSION OF TRANSFER AUTHORITY BETWEEN

6 ARMED FORCES.—Section 2696 of title 10, United States 

7 Code, is amended— 

8 (1) by redesignating subsections (a) and (b) as 

9 subsections (b) and (c), respectively; and 

10 (2) by inserting before subsection (b), as so re11 designated, the following new subsection: 

12 ‘‘(a) TRANSFERS BETWEEN ARMED FORCES.—If ei13 ther of the Secretaries concerned requests it and the other 

14 approves, real property may be transferred, without com15 pensation, from one armed force to another. Section 

16 2571(d) of this title shall apply to the transfer of real 

17 property under this subsection.’’. 

18 (b) INCLUSION OF DEPARTMENT OF JUSTICE PRO19 GRAM.—The text of section 2693 of such title is amend20 ed— 

21 (1) by redesignating paragraphs (1), (2), and 

22 (3) of subsection (a) as subparagraphs (A), (B), and 

23 (C), respectively; 

24 (2) by redesignating paragraphs (1) and (2) of 

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1 designated, by striking ‘‘this section’’ and inserting 

2 ‘‘paragraph (1)’’; 

3 (3) by striking ‘‘(a) Except as provided in sub4 section (b)’’ and inserting ‘‘(f) DEPARTMENT OF

5 JUSTICE CORRECTIONAL OPTIONS PROGRAM.—(1) 

6 Except as provided in paragraph (2)’’; 

7 (4) by striking ‘‘(b) The provisions of this sec8 tion’’ and inserting ‘‘(2) Paragraph (1)’’; and 

9 (5) by transferring the text, as so redesignated 

10 and amended, to appear as a new subsection (f) at 

11 the end of section 2696 of such title. 

12 (c) CONFORMING AMENDMENTS.— 

13 (1) SECTION 2571.—Section 2571(a) of such 

14 title is amended by striking ‘‘and real estate’’. 

15 (2) SECTION 2693.—Section 2693 of such title 

16 is repealed. 

17 (3) SECTION 2696.—Section 2696 of such title 

18 is amended— 

19 (A) in subsection (b), as redesignated by 

20 subsection (a)(1), by striking ‘‘SCREENING RE21 QUIREMENT.—’’ and inserting ‘‘SCREENING

22 REQUIREMENTS FOR ADDITIONAL FEDERAL

23 USE.—’’; 

24 (B) in subsection (c)(1), as redesignated 

25 by subsection (a)(1), by striking ‘‘subsection 


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1 (a)’’ in the first sentence and inserting ‘‘sub2 section (b)’’; 

3 (C) in subsection (d), by striking ‘‘sub4 section (b)(1)’’ and inserting ‘‘subsection 

5 (c)(1)’’; and 

6 (D) in subsection (e), by striking ‘‘this sec7 tion’’ and inserting ‘‘subsection (b)’’. 

8 (d) CLERICAL AMENDMENTS.— 

9 (1) SECTION 2571.—(A) The heading of section 

10 2571 of such title is amended to read as follows: 

11 ‘‘§ 2571. Interchange of supplies and services’’. 

12 (B) The table of sections at the beginning of 

13 chapter 153 of such title is amended by striking the 

14 item relating to section 2571 and inserting the fol15 lowing new item: 

‘‘2571. Interchange of supplies and services.’’. 

16 (2) SECTIONS 2693 AND 2696.—(A) The heading 

17 of section 2696 of such title is amended to read as 

18 follows: 

19 ‘‘§ 2696. Transfers and disposals: interchange among 

20 armed forces and screening requirements 

21 for other Federal use’’. 

22 (B) The table of sections at the beginning of 

23 chapter 159 of such title is amended— 

24 (i) by striking the item relating to section 

25 2693; and 


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1 (ii) by striking the item relating to section 

2 2696 and inserting the following new item: 

‘‘2696. Transfers and disposals: interchange among armed forces and screening 

requirements for other Federal use.’’. 

3 SEC. 2825. CONGRESSIONAL NOTICE REQUIREMENTS IN AD4 VANCE OF ACQUISITION OF LAND BY CON5 DEMNATION FOR MILITARY PURPOSES. 

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that the Secretary of Defense, when acquiring land 

8 for military purposes, should make every effort to do so 

9 by means of purchases from willing sellers and should em10 ploy condemnation, eminent domain, or seizure procedures 

11 only as a measure of last resort in cases of compelling 

12 national security requirements. 

13 (b) CONGRESSIONAL NOTICE.—Section 2663(a) of 

14 title 10, United States Code, is amended by adding at the 

15 end the following new paragraph: 

16 ‘‘(3) Before using condemnation, eminent domain, or 

17 seizure procedures to acquire any interest in land, includ18 ing land for temporary use, under this subsection, the Sec19 retary of Defense or the Secretary of the military depart20 ment concerned shall submit to the congressional defense 

21 committees a report that includes certification that the 

22 Secretary has made every effort to acquire the property 

23 without use of such procedures, explains the compelling 

24 requirements for the acquisition and why alternative acVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 quisition strategies, such as purchases of easements, are 

2 inadequate, and describes the property for which the pro3 cedures will be employed. Proceedings may be brought 

4 with respect to the land only after the end of the 14-day 

5 period beginning on the date on which the report is re6 ceived by the committees or, if over sooner, a period of 

7 10 days elapses from the date on which a copy of the re8 port is provided in an electronic medium pursuant to sec9 tion 480 of this title.’’. 

10 SEC. 2826. DEFENSE ACCESS ROAD PROGRAM. 

11 Section 2837 of the Military Construction Authoriza12 tion Act for Fiscal Year 2006 (division B of Public Law 

13 109–163; 119 Stat. 3522) is amended— 

14 (1) in subsection (a), by inserting ‘‘and transit 

15 systems’’ after ‘‘that roads’’; and 

16 (2) in subsection (b)— 

17 (A) by striking ‘‘and’’ at the end of para18 graph (1); and 

19 (B) by striking paragraph (2) and insert20 ing the following new paragraphs: 

21 ‘‘(2) to determine whether the existing surface 

22 transportation infrastructure, including roads and 

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1 fic associated with the increase in the number of de2 fense personnel described in that paragraph; and 

3 ‘‘(3) to determine whether the defense access 

4 road program adequately considers the complete 

5 range of surface transportation options, including 

6 roads and other means of transit, necessary to sup7 port the national defense.’’. 

8 Subtitle C—Base Closure and 

9 Realignment 

10 SEC. 2831. TREATMENT OF LEASE PROCEEDS FROM MILI11 TARY INSTALLATIONS APPROVED FOR CLO12 SURE OR REALIGNMENT AFTER JANUARY 1, 

13 2005. 

14 Paragraph (5) of section 2667(d) of title 10, United 

15 States Code, is amended to read as follows: 

16 ‘‘(5) Money rentals received by the United States 

17 from a lease under subsection (f) at a military installation 

18 to be closed or realigned under a base closure law shall 

19 be deposited— 

20 ‘‘(A) into the account established under section 

21 2906(a) of the Defense Base Closure and Realign22 ment Act of 1990 (part A of title XXIX of Public 

23 Law 101–510; 10 U.S.C. 2687 note), if the installa24 tion was approved for closure or realignment before 

25 January 1, 2005; or 


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1 ‘‘(B) into the account established under section 

2 2906A(a) of such Act, if the installation was ap3 proved for closure or realignment after January 1, 

4 2005.’’. 

5 Subtitle D—Land Conveyances 

6 SEC. 2841. LAND CONVEYANCE, NAVAL AIR STATION, BAR7 BERS POINT, HAWAII. 

8 (a) CONVEYANCE OF PROPERTY.—Not later than 

9 September 30, 2008, the Secretary of the Navy shall con10 vey, by sale, lease, or a combination thereof, to any public 

11 or private person or entity outside the Department of De12 fense certain parcels of real property, including any im13 provements thereon, consisting of approximately 499 acres 

14 located at the former Naval Air Station, Barbers Point, 

15 Oahu, Hawaii, that are subject to the Ford Island Master 

16 Development Agreement developed pursuant to section 

17 2814(a)(2) of title 10, United States Code, for the purpose 

18 of promoting the beneficial development of the real prop19 erty. 

20 (b) USE OF EXISTING AUTHORITY.—To implement 

21 subsection (a), the Secretary may utilize the special con22 veyance and lease authorities provided to the Secretary by 

23 subsections (b) and (c) of section 2814 of title 10, United 

24 States Code, for the purpose of developing or facilitating 

25 the development of Ford Island, Hawaii. 


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1 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

2 and legal description of real property to be conveyed under 

3 subsection (a) shall be determined by a survey satisfactory 

4 to the Secretary. 

5 (d) ADDITIONAL TERMS AND CONDITIONS.—The 

6 Secretary may require such additional terms and condi7 tions in connection with a conveyance under subsection (a) 

8 as the Secretary considers appropriate to protect the inter9 ests of the United States. 

10 SEC. 2842. MODIFICATION OF LAND ACQUISITION AUTHOR11 ITY, PERQUIMANS COUNTY, NORTH CARO12 LINA. 

13 Section 2846 of the Military Construction Authoriza14 tion Act for Fiscal Year 2002 (division B of Public Law 

15 107–107; 115 Stat. 1320), as amended by section 2865 

16 of the Military Construction Authorization Act for Fiscal 

17 Year 2005 (division B of Public Law 108–375; 118 Stat. 

18 2149) is further amended by striking ‘‘840 acres’’ and in19 serting ‘‘1,540 acres’’. 

20 SEC. 2843. LAND CONVEYANCE, RADFORD ARMY AMMUNI21 TION PLANT, PULASKI COUNTY, VIRGINIA. 

22 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

23 the Army may convey, without consideration, to the De24 partment of Veterans’ Services of the Commonwealth of 

25 Virginia (in this section referred to as the ‘‘Department’’) 


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1 all right, title, and interest of the United States in and 

2 to a parcel of real property, including any improvements 

3 thereon, consisting of approximately 85 acres at the 

4 Radford Army Ammunition Plant in Pulaski County, Vir5 ginia, for the purpose of permitting the Department to 

6 establish and operate a State-run cemetery for veterans 

7 of the Armed Forces. 

8 (b) REVERSIONARY INTEREST.—If the Secretary de9 termines at any time that the real property conveyed 

10 under subsection (a) is not being used in accordance with 

11 the purpose of the conveyance specified in such subsection, 

12 all right, title, and interest in and to the property shall 

13 revert, at the option of the Secretary, to the United States, 

14 and the United States shall have the right of immediate 

15 entry onto the property. Any determination of the Sec16 retary under this subsection shall be made on the record 

17 after an opportunity for a hearing. 

18 (c) PAYMENT OF COSTS OF CONVEYANCE.— 

19 (1) PAYMENT REQUIRED.—The Secretary shall 

20 require the Department to cover costs to be incurred 

21 by the Secretary, or to reimburse the Secretary for 

22 costs incurred by the Secretary, to carry out the 

23 conveyance under subsection (a), including survey 

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1 ance. If amounts are collected from the Department 

2 in advance of the Secretary incurring the actual 

3 costs, and the amount collected exceeds the costs ac4 tually incurred by the Secretary to carry out the 

5 conveyance, the Secretary shall refund the excess 

6 amount to the Department. 

7 (2) TREATMENT OF AMOUNTS RECEIVED.— 

8 Amounts received as reimbursement under para9 graph (1) shall be credited to the fund or account 

10 that was used to cover the costs incurred by the Sec11 retary in carrying out the conveyance. Amounts so 

12 credited shall be merged with amounts in such fund 

13 or account and shall be available for the same pur14 poses, and subject to the same conditions and limita15 tions, as amounts in such fund or account. 

16 (d) DESCRIPTION OF REAL PROPERTY.—The exact 

17 acreage and legal description of the real property to be 

18 conveyed under subsection (a) shall be determined by a 

19 survey satisfactory to the Secretary. 

20 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

21 Secretary may require such additional terms and condi22 tions in connection with the conveyance under subsection 

23 (a) as the Secretary considers appropriate to protect the 

24 interests of the United States. 


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1 SEC. 2844. LAND CONVEYANCE, NORTH HILLS ARMY RE2 SERVE CENTER, ALLISON PARK, PENNSYL3 VANIA. 

4 (a) CONVEYANCE AUTHORIZED.—The Secretary of 

5 the Army may convey to the North Allegheny School Dis6 trict (in this section referred to as the ‘‘School District’’) 

7 all right, title, and interest of the United States in and 

8 to a parcel of real property consisting of approximately 

9 11.15 acres and containing the North Hills Army Reserve 

10 Center in Allison Park, Pennsylvania, for the purpose of 

11 permitting the School District to use the property for edu12 cational and recreational purposes and for parking facili13 ties related thereto. 

14 (b) CONSIDERATION.—The Secretary may waive any 

15 requirement for consideration in connection with the con16 veyance under subsection (a) if the Secretary determines 

17 that, were the conveyance of the property to be made 

18 under subchapter III of chapter 5 of title 40, United 

19 States Code, for the same purpose specified in subsection 

20 (a), the conveyance could be made without consideration. 

21 (c) REVERSIONARY INTEREST.—If the Secretary de22 termines at any time that the real property conveyed 

23 under subsection (a) is not being used in accordance with 

24 the purposes of the conveyance specified in such sub25 section, all right, title, and interest in and to all or any 

26 portion of the property shall revert, at the option of the 


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1 Secretary, to the United States, and the United States 

2 shall have the right of immediate entry onto the property. 

3 Any determination of the Secretary under this subsection 

4 shall be made on the record after an opportunity for a 

5 hearing. 

6 (d) PAYMENT OF COSTS OF CONVEYANCE.— 

7 (1) PAYMENT REQUIRED.—The Secretary shall 

8 require the School District to cover costs to be in9 curred by the Secretary, or to reimburse the Sec10 retary for costs incurred by the Secretary, to carry 

11 out the conveyance under subsection (a), including 

12 survey costs, costs related to environmental docu13 mentation, and other administrative costs related to 

14 the conveyance. If amounts are collected from the 

15 School District in advance of the Secretary incurring 

16 the actual costs, and the amount collected exceeds 

17 the costs actually incurred by the Secretary to carry 

18 out the conveyance, the Secretary shall refund the 

19 excess amount to the School District. 

20 (2) TREATMENT OF AMOUNTS RECEIVED.— 

21 Amounts received as reimbursement under para22 graph (1) shall be credited to the fund or account 

23 that was used to cover the costs incurred by the Sec24 retary in carrying out the conveyance. Amounts so 

25 credited shall be merged with amounts in such fund 


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1 or account, and shall be available for the same pur2 poses, and subject to the same conditions and limita3 tions, as amounts in such fund or account. 

4 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

5 and legal description of the real property to be conveyed 

6 under subsection (a) shall be determined by a survey satis7 factory to the Secretary. 

8 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions 

10 in connection with the conveyance under subsection (a) as 

11 the Secretary considers appropriate to protect the inter12 ests of the United States. 

13 SEC. 2845. MODIFICATIONS TO LAND CONVEYANCE AU14 THORITY, ENGINEERING PROVING GROUND, 

15 FORT BELVOIR, VIRGINIA. 

16 (a) CONSTRUCTION OF SECURITY BARRIER.—Section 

17 2836 of the Military Construction Authorization Act for 

18 Fiscal Year 2002 (division B of Public Law 107–107; 115 

19 Stat. 1314), as amended by section 2846 of the Military 

20 Construction Authorization Act for Fiscal Year 2006 (di21 vision B of Public Law 109–163; 119 Stat. 3527), is fur22 ther amended— 

23 (1) in subsection (b)(4), by striking 

24 ‘‘$3,880,000’’ and inserting ‘‘$4,880,000’’; and 

25 (2) in subsection (d)— 


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1 (A) in paragraph (1), by inserting after 

2 ‘‘Virginia,’’ the following: ‘‘and the construction 

3 of a security barrier, as applicable,’’; and 

4 (B) in paragraph (2), by inserting after 

5 ‘‘Building 191’’ the following: ‘‘and the con6 struction of a security barrier, as applicable’’. 

7 (b) AUTHORITY TO ENTER INTO ALTERNATIVE

8 AGREEMENT FOR DESIGN AND CONSTRUCTION OF FAIR9 FAX COUNTY PARKWAY PORTION.—Such section 2836 is 

10 further amended— 

11 (1) in subsection (b)— 

12 (A) by amending paragraph (1) to read as 

13 follows: 

14 ‘‘(1) except as provided in subsection (f), design 

15 and construct, at its expense and for public benefit, 

16 the portion of the Fairfax County Parkway through 

17 the Engineer Proving Ground (in this section re18 ferred to as the ‘Parkway portion’);’’; and 

19 (B) in paragraph (2), by inserting after 

20 ‘‘C514’’ the following: ‘‘, RW–214 (in this sec21 tion referred to as ‘Parkway project’)’’; 

22 (2) by redesignating subsection (f) as sub23 section (g); 

24 (3) by inserting after subsection (e) the fol25 lowing new subsection: 


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1 ‘‘(f) ALTERNATE AGREEMENT FOR CONSTRUCTION

2 OF ROAD.—(1) The Secretary of the Army may, in con3 nection with the conveyance authorized under subsection 

4 (a), enter into an agreement with the Commonwealth pro5 viding for the design and construction by the Department 

6 of the Army or the United States Department of Trans7 portation of the Parkway portion and other portions of 

8 the Fairfax County Parkway off the Engineer Proving 

9 Ground that are necessary to complete the Parkway 

10 project (in this subsection referred to as the ‘alternate 

11 agreement’) if the Secretary determines that the alternate 

12 agreement is in the best interests of the United States 

13 to support the permanent relocation of additional military 

14 and civilian personnel at Fort Belvoir pursuant to deci15 sions made as part of the 2005 round of defense base clo16 sure and realignment under the Defense Base Closure and 

17 Realignment Act of 1990 (part A of title XXIX of Public 

18 Law 101–510; 10 U.S.C. 2687 note). 

19 ‘‘(2) If the Secretary of Defense certifies that the 

20 Parkway portion is important to the national defense pur21 suant to section 210 of title 23, United States Code, the 

22 Secretary of the Army may enter into an agreement with 

23 the Secretary of Transportation to carry out the alternate 

24 agreement under the Defense Access Road Program. 


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1 ‘‘(3) The Commonwealth shall pay to the Secretary 

2 of the Army the costs of the design and construction of 

3 the Parkway portion and any other portions of the Fairfax 

4 County Parkway off the Engineer Proving Ground de5 signed and constructed under the alternate agreement. 

6 The Secretary shall apply such payment to the design and 

7 construction provided for in the alternate agreement. 

8 ‘‘(4) Using the authorities available to the Secretary 

9 under chapter 160 of title 10, United States Code, and 

10 funds deposited in the Environmental Restoration Ac11 count, Army, established by section 2703(a) of such title 

12 and appropriated for this purpose, the Secretary may 

13 carry out environmental restoration activities on real prop14 erty under the jurisdiction of the Secretary in support of 

15 the construction of the Parkway portion. 

16 ‘‘(5) The alternate agreement shall be subject to the 

17 following conditions: 

18 ‘‘(A) The Commonwealth shall acquire and re19 tain all necessary right, title, and interest in any 

20 real property not under the jurisdiction of the Sec21 retary that is necessary for construction of the Park22 way portion or for construction of any other portions 

23 of the Fairfax County Parkway off the Engineer 

24 Proving Ground that will be constructed under the 

25 alternate agreement, and shall grant to the United 


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1 States all necessary access to and use of such prop2 erty for such construction. 

3 ‘‘(B) The Secretary shall receive consideration 

4 from the Commonwealth as required in subsections 

5 (b)(2), (b)(3), and (b)(4) and shall carry out the ac6 ceptance and disposition of funds in accordance with 

7 subsection (d). 

8 ‘‘(6) The design of the Parkway portion under the 

9 alternate agreement shall be subject to the approval of the 

10 Secretary and the Commonwealth in accordance with the 

11 Virginia Department of Transportation Approved Plan, 

12 dated June 15, 2004, Project #R000–029–249, PE–108, 

13 C–514, RW–214. For each phase of the design and con14 struction of the Parkway portion under the alternate 

15 agreement, the Secretary may— 

16 ‘‘(A) accept funds from the Commonwealth; or 

17 ‘‘(B) transfer funds received from the Common18 wealth to the United States Department of Trans19 portation. 

20 ‘‘(7) Upon completion of the construction of the 

21 Parkway portion and any other portions of the Fairfax 

22 County Parkway off the Engineer Proving Ground re23 quired under the alternate agreement, the Secretary shall 

24 carry out the conveyance under subsection (a). As a condi25 tion of such conveyance carried out under the alternate 


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1 agreement, the Secretary shall receive a written commit2 ment, in a form satisfactory to the Secretary, that the 

3 Commonwealth agrees to accept all responsibility for the 

4 costs of operation and maintenance of the Parkway por5 tion upon conveyance to the Commonwealth of such real 

6 property.’’; and 

7 (4) in subsection (g), as redesignated by para8 graph (2), by inserting ‘‘or the alternate agreement 

9 authorized under subsection (f)’’ after ‘‘conveyance 

10 under subsection (a)’’. 

11 SEC. 2846. SENSE OF CONGRESS REGARDING LAND CON12 VEYANCE INVOLVING ARMY RESERVE CEN13 TER, MARSHALL, TEXAS. 

14 It is the sense of Congress that the Secretary of the 

15 Army should consider the feasibility of conveying the 

16 Army Reserve Center at 1209 Pinecrest Drive East in 

17 Marshall, Texas, to the Marshall-Harrison County Vet18 erans Association for the purpose of assisting the efforts 

19 of the Association in erecting a veterans memorial, cre20 ating a park, and establishing a museum recognizing and 

21 honoring the sacrifices and accomplishments of veterans 

22 of the Armed Forces. 


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1 Subtitle E—Other Matters 

2 SEC. 2851. AVAILABILITY OF COMMUNITY PLANNING AS3 SISTANCE RELATING TO ENCROACHMENT OF 

4 CIVILIAN COMMUNITIES ON MILITARY FA5 CILITIES USED FOR TRAINING BY THE 

6 ARMED FORCES. 

7 Section 2391(d)(1) of title 10, United States Code, 

8 is amended by adding at the end the following new sen9 tence: ‘‘For purposes of subsection (b)(1)(D), the term 

10 ‘military installation’ includes a military facility owned 

11 and operated by any of the several States, the District 

12 of Columbia, the Commonwealth of Puerto Rico, Guam, 

13 or the Virgin Islands, even though the facility is not under 

14 the jurisdiction of the Department of Defense, if the Sec15 retary of Defense determines that the military facility is 

16 subject to significant use for training by the armed 

17 forces.’’. 

18 SEC. 2852. PROHIBITIONS AGAINST MAKING CERTAIN MILI19 TARY AIRFIELDS OR FACILITIES AVAILABLE 

20 FOR USE BY CIVIL AIRCRAFT. 

21 (a) PROHIBITIONS.—The Secretary of the Navy may 

22 not enter into any agreement concerning a military instal23 lation specified in subsection (b) that would— 

24 (1) authorize civil aircraft to regularly use an 

25 airfield or any other property at the installation; 


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1 (2) convey any real property at the installation, 

2 including any airfield at the installation, for the pur3 pose of permitting the use of the property by civil 

4 aircraft. 

5 (b) COVERED INSTALLATIONS.—The prohibitions in 

6 subsection (a) apply with respect to the following military 

7 installations: 

8 (1) Marine Corps Air Station, Camp Pendleton, 

9 California. 

10 (2) Marine Corps Air Station, Miramar, Cali11 fornia. 

12 (3) Marine Corps Base, Camp Pendleton, Cali13 fornia. 

14 (4) Naval Air Station, North Island, California. 

15 (c) REPEAL OF EXISTING LIMITED PROHIBITION.— 

16 Section 2894 of the Military Construction Authorization 

17 Act for Fiscal Year 1996 (division B of Public Law 104– 

18 106; 110 Stat. 592) is repealed. 


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1 DIVISION C—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 AUTHORIZATIONS AND 

4 OTHER AUTHORIZATIONS 

5 TITLE XXXI—DEPARTMENT OF 

6 ENERGY NATIONAL SECURITY 

7 PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

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

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

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

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

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

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

and uncertainty methodology for assessing and certifying the 

safety and reliability of the nuclear stockpile. 

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

8 Subtitle A—National Security 

9 Programs Authorizations 

10 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA11 TION. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 

13 are hereby authorized to be appropriated to the Depart14 ment of Energy for fiscal year 2007 for the activities of 

15 the National Nuclear Security Administration in carrying 


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1 out programs necessary for national security in the 

2 amount of $9,265,811,000 to be allocated as follows: 

3 (1) For weapons activities, $6,467,889,000. 

4 (2) For defense nuclear nonproliferation activi5 ties, $1,616,213,000. 

6 (3) For naval reactors, $795,133,000. 

7 (4) For the Office of the Administrator for Nu8 clear Security, $386,576,000. 

9 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

10 From funds referred to in subsection (a) that are available 

11 for carrying out plant projects, the Secretary of Energy 

12 may carry out the following new plant projects: 

13 (1) For weapons activities: 

14 Project 07–D–140, project engineering and 

15 design, various locations, $4,977,000. 

16 Project 07–D–220, Radioactive Liquid 

17 Waste Treatment Facility upgrade, Los Alamos 

18 National Laboratory, $14,828,000. 

19 Project 07–D–253, TA–1 Heating Systems 

20 Modernization, Facilities and Infrastructure 

21 Recapitalization Program, $14,500,000. 

22 (2) For defense nuclear nonproliferation activi23 ties: 


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1 Project 07–SC–05, Physical Sciences Fa2 cility, Pacific Northwest National Laboratory, 

3 $4,220,000. 

4 (3) For naval reactors: 

5 Project 07–D–190, project engineering and 

6 design, Materials Research Technology Com7 plex, $1,485,000. 

8 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

9 Funds are hereby authorized to be appropriated to 

10 the Department of Energy for fiscal year 2007 for defense 

11 environmental cleanup activities in carrying out programs 

12 necessary for national security in the amount of 

13 $5,440,312,000. 

14 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

15 Funds are hereby authorized to be appropriated to 

16 the Department of Energy for fiscal year 2007 for other 

17 defense activities in carrying out programs necessary for 

18 national security in the amount of $717,788,000. 

19 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

20 Funds are hereby authorized to be appropriated to 

21 the Department of Energy for fiscal year 2007 for defense 

22 nuclear waste disposal for payment to the Nuclear Waste 

23 Fund established in section 302(c) of the Nuclear Waste 

24 Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount 

25 of $388,080,000. 


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1 Subtitle B—Program Authoriza2 tions, Restrictions, and Limita3 tions 

4 SEC. 3111. PLAN FOR TRANSFORMATION OF NATIONAL NU5 CLEAR SECURITY ADMINISTRATION NU6 CLEAR WEAPONS COMPLEX. 

7 (a) PLAN REQUIRED.—Subtitle A of title XLII of the 

8 Atomic Energy Defense Act (division D of Public Law 

9 107–314) is amended by inserting after section 4213 (50 

10 U.S.C. 2533) the following new section: 

11 ‘‘SEC. 4214. PLAN FOR TRANSFORMATION OF NATIONAL NU12 CLEAR SECURITY ADMINISTRATION NU13 CLEAR WEAPONS COMPLEX. 

14 ‘‘(a) PLAN REQUIRED.—The Secretary of Energy 

15 and the Secretary of Defense shall develop a plan to trans16 form the nuclear weapons complex so as to achieve a re17 sponsive infrastructure by 2030. The plan shall be de18 signed to accomplish the following objectives: 

19 ‘‘(1) To maintain the safety, reliability, and se20 curity of the United States nuclear weapons stock21 pile. 

22 ‘‘(2) To continue Stockpile Life Extension Pro23 grams that the Nuclear Weapons Council considers 

24 necessary. 


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1 ‘‘(3) To prepare to produce replacement war2 heads under the Reliable Replacement Warhead pro3 gram at a rate necessary to meet future stockpile re4 quirements, commencing with a first production unit 

5 in 2012 and achieving steady-state production using 

6 modern manufacturing processes by 2025. 

7 ‘‘(4) To eliminate, within the nuclear weapons 

8 complex, duplication of production capability except 

9 to the extent required to ensure the safety, reli10 ability, and security of the stockpile. 

11 ‘‘(5) To maintain the current philosophy within 

12 the national security laboratories of peer review of 

13 nuclear weapons designs while eliminating duplica14 tion of laboratory capabilities except to the extent 

15 required to ensure the safety, reliability, and secu16 rity of the stockpile. 

17 ‘‘(6) To maintain the national security mission, 

18 and in particular the science-based Stockpile Stew19 ardship Program, as the primary mission of the na20 tional security laboratories while optimizing the 

21 work-for-others activities of those laboratories to 

22 support other national security objectives in fields 

23 such as intelligence and homeland security. 

24 ‘‘(7) To consolidate to the maximum extent 

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1 tion of, special nuclear material throughout the nu2 clear weapons complex, with the ultimate goal of 

3 eliminating Category I and II special nuclear mate4 rial from the national security laboratories no later 

5 than March 1, 2010, so as to further reduce the 

6 footprint of the nuclear weapons complex, reduce se7 curity costs, and reduce transportation costs for spe8 cial nuclear material. 

9 ‘‘(8) To employ a risk-based approach to ensure 

10 compliance with Design Basis Threat security re11 quirements. 

12 ‘‘(9) To expeditiously dismantle inactive nuclear 

13 weapons to reduce the size of the stockpile to the 

14 lowest level required by the Nuclear Weapons Coun15 cil. 

16 ‘‘(10) To operate the nuclear weapons complex 

17 in a more cost-effective manner. 

18 ‘‘(b) REPORT.—Not later than February 1, 2007, the 

19 Secretary of Energy and Secretary of Defense shall submit 

20 to the congressional defense committees a report on the 

21 transformation plan required by subsection (a). The report 

22 shall address each of the objectives required by subsection 

23 (c) and also include each of the following: 

24 ‘‘(1) A comprehensive list of the capabilities, fa25 cilities, and project staffing that the National NuVerDate Aug 31 2005 23:51 May 15, 2006 Jkt 049200 PO 00000 Frm 00566 Fmt 6652 Sfmt 6201 E:\BILLS\H5122.PCS H5122

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1 clear Security Administration will need to have in 

2 place at the nuclear weapons complex as of 2030 to 

3 meet the requirements of the transformation plan. 

4 ‘‘(2) a comprehensive list of the capabilities and 

5 facilities that the National Nuclear Security Admin6 istration currently has in place at the nuclear weap7 ons complex that will not be needed as of 2030 to 

8 meet the requirements of the transformation plan. 

9 ‘‘(3) A plan for implementing the trans10 formation plan, including a schedule with incre11 mental milestones. 

12 ‘‘(c) CONSULTATION.—The Secretary of Energy and 

13 the Secretary of Defense shall develop the transformation 

14 plan required by subsection (a) in consultation with the 

15 Nuclear Weapons Council. 

16 ‘‘(d) DEFINITION.—In this section, the term ‘national 

17 security laboratory’ has the meaning given such term in 

18 section 3281 of the National Nuclear Security Administra19 tion Act (50 U.S.C. 2471).’’. 

20 (b) INCLUSION IN FUTURE-YEARS NUCLEAR SECU21 RITY PROGRAM.—Section 3253 of the National Nuclear 

22 Security Administration Act (50 U.S.C. 2453) is amended 

23 in subsection (b) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(5) A statement of proposed budget authority, 

2 estimated expenditures, and proposed appropriations 

3 necessary to support the programs required to im4 plement the plan to transform the nuclear weapons 

5 complex under section 4214 of the Atomic Energy 

6 Defense Act, together with a detailed description of 

7 how the funds identified for each program element 

8 specified pursuant to paragraph (1) in the budget 

9 for the Administration for each fiscal year during 

10 that five-fiscal-year period will help ensure that 

11 those programs are implemented. The statement 

12 shall assume year-to-year funding profiles that ac13 count for increases only for projected inflation.’’. 

14 SEC. 3112. EXTENSION OF FACILITIES AND INFRASTRUC15 TURE RECAPITALIZATION PROGRAM. 

16 Section 3114 of the National Defense Authorization 

17 Act for Fiscal Year 2004 (Public Law 108–136; 50 U.S.C. 

18 2453 note), as amended by section 3113 of the Ronald 

19 W. Reagan National Defense Authorization Act for Fiscal 

20 Year 2005 (Public Law 108–375; 118 Stat. 2160), is 

21 amended— 

22 (1) in subsection (a)(3)(F), by striking ‘‘2011’’ 

23 and inserting ‘‘2013’’; and 

24 (2) in subsection (b), by striking ‘‘2011’’ and 

25 inserting ‘‘2013’’. 


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1 SEC. 3113. UTILIZATION OF CONTRIBUTIONS TO GLOBAL 

2 THREAT REDUCTION INITIATIVE. 

3 Section 3132 of the Ronald W. Reagan National De4 fense Authorization Act for Fiscal Year 2005 (Public Law 

5 108–375; 118 Stat. 2166; 50 U.S.C. 2569) is amended— 

6 (1) by redesignating subsection (f) as sub7 section (g); and 

8 (2) by adding after subsection (e) the following 

9 new subsection: 

10 ‘‘(f) PARTICIPATION BY OTHER GOVERNMENTS AND

11 ORGANIZATIONS.— 

12 ‘‘(1) IN GENERAL.—The Secretary of Energy 

13 may, with the concurrence of the Secretary of State, 

14 enter into one or more agreements with any person 

15 (including a foreign government, international orga16 nization, or multinational entity) that the Secretary 

17 of Energy considers appropriate under which the 

18 person contributes funds for purposes of the pro19 gram under this section. 

20 ‘‘(2) RETENTION AND USE OF AMOUNTS.—The 

21 Secretary of Energy may retain and use amounts 

22 contributed under an agreement under paragraph 

23 (1) for purposes of the program under this section. 

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1 poses and shall be available until expended, without 

2 further appropriation, for such purposes.’’. 

3 SEC. 3114. UTILIZATION OF CONTRIBUTIONS TO SECOND 

4 LINE OF DEFENSE PROGRAM. 

5 (a) IN GENERAL.—The Secretary of Energy may, 

6 with the concurrence of the Secretary of State, enter into 

7 one or more agreements with any person (including a for8 eign government, international organization, or multi9 national entity) that the Secretary of Energy considers ap10 propriate under which the person contributes funds for 

11 purposes of the Second Line of Defense program of the 

12 National Nuclear Security Administration. 

13 (b) RETENTION AND USE OF AMOUNTS.—The Sec14 retary of Energy may retain and use amounts contributed 

15 under an agreement under subsection (a) for purposes of 

16 the Second Line of Defense program. Amounts so contrib17 uted shall be retained in a separate fund established in 

18 the Treasury for such purposes and shall be available until 

19 expended, without further appropriation, for such pur20 poses. 

21 (c) TERMINATION OF AUTHORITY.—The authority to 

22 accept contributions under subsection (a) terminates De23 cember 31, 2013. 


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1 SEC. 3115. TWO-YEAR EXTENSION OF AUTHORITY FOR AP2 POINTMENT OF CERTAIN SCIENTIFIC, ENGI3 NEERING, AND TECHNICAL PERSONNEL. 

4 Section 4601(c)(1) of the Atomic Energy Defense Act 

5 (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘Sep6 tember 30, 2006’’ and inserting ‘‘September 30, 2008’’. 

7 SEC. 3116. NATIONAL ACADEMY OF SCIENCES STUDY OF 

8 QUANTIFICATION OF MARGINS AND UNCER9 TAINTY METHODOLOGY FOR ASSESSING AND 

10 CERTIFYING THE SAFETY AND RELIABILITY 

11 OF THE NUCLEAR STOCKPILE. 

12 (a) STUDY REQUIRED.—The Secretary of Energy 

13 shall, as soon as practicable and no later than 120 days 

14 after the date of the enactment of this Act, enter into an 

15 arrangement with the National Research Council of the 

16 National Academy of Sciences for the Council to carry out 

17 a study of the quantification of margins and uncertainty 

18 methodology used by the national security laboratories for 

19 assessing and certifying the safety and reliability of the 

20 nuclear stockpile. 

21 (b) MATTERS INCLUDED.—The study required by 

22 subsection (a) shall evaluate the following: 

23 (1) The use of the quantification of margins 

24 and uncertainty methodology by the national secu25 rity laboratories, including underlying assumptions 

26 of weapons performance and the ability of modeling 


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1 and simulation tools to predict nuclear explosive 

2 package characteristics. 

3 (2) The manner in which that methodology is 

4 used to conduct the annual assessments of the nu5 clear weapons stockpile. 

6 (3) How the use of that methodology compares 

7 and contrasts between the national security labora8 tories. 

9 (4) The process by which conflicts between the 

10 national security laboratories in the application of 

11 that methodology are resolved. 

12 (5) An assessment of whether the application of 

13 the quantification of margins and uncertainty used 

14 for annual assessments and certification of the nu15 clear weapons stockpile can be applied to the 

16 planned Reliable Replacement Warhead program so 

17 as to carry out the objective of that program to re18 duce the likelihood of the resumption of under19 ground testing of nuclear weapons. 

20 (c) REPORT.— 

21 (1) IN GENERAL.—Not later than one year 

22 after the date on which the arrangement required by 

23 subsection (a) is entered into, the National Research 

24 Council shall submit to the Secretary of Energy and 

25 the congressional committees specified in paragraph 


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1 (2), a report on the study that addresses the matters 

2 listed in subsection (b) and any other matters con3 sidered by the National Research Council to be rel4 evant to the use of the quantification of margins and 

5 uncertainty methodology in assessing the current or 

6 future nuclear weapons stockpile. 

7 (2) SPECIFIED COMMITTEES.—The congres8 sional committees referred to in paragraph (1) are 

9 the following: 

10 (A) The Committee on Armed Services of 

11 the Senate. 

12 (B) The Committee on Armed Services of 

13 the House of Representatives. 

14 (d) PROVISION OF INFORMATION.—The Secretary of 

15 Energy shall, in a timely manner, make available to the 

16 National Research Council all information that the Na17 tional Research Council considers necessary to carry out 

18 its responsibilities under this section. 

19 (e) FUNDING.—Of the amounts made available to the 

20 Department of Energy pursuant to the authorization of 

21 appropriations in section 3101, $2,000,000 shall be avail22 able only for carrying out the study required by this sec23 tion. 


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1 SEC. 3117. CONSOLIDATION OF COUNTERINTELLIGENCE 

2 PROGRAMS OF DEPARTMENT OF ENERGY 

3 AND NATIONAL NUCLEAR SECURITY ADMIN4 ISTRATION. 

5 (a) TRANSFER OF FUNCTIONS.—The functions, per6 sonnel, funds, assets, and other resources of the Office of 

7 Defense Nuclear Counterintelligence of the National Nu8 clear Security Administration are transferred to the Sec9 retary of Energy, to be administered (except to any extent 

10 otherwise directed by the Secretary) by the Director of the 

11 Office of Counterintelligence of the Department of En12 ergy. 

13 (b) NNSA COUNTERINTELLIGENCE OFFICE ABOL14 ISHED.— 

15 (1) IN GENERAL.—Section 3232 of the Na16 tional Nuclear Security Administration Act (50 

17 U.S.C. 3232) is amended— 

18 (A) by amending the heading to read as 

19 follows: 

20 ‘‘SEC. 3232. OFFICE OF DEFENSE NUCLEAR SECURITY.’’; 

21 (B) by striking subsection (a) and insert22 ing the following new subsection (a): 

23 ‘‘(a) ESTABLISHMENT.—There is within the Admin24 istration an Office of Defense Nuclear Security, headed 

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1 ministrator shall recommend to the Secretary suitable can2 didates for such position.’’; 

3 (C) by striking subsection (b); and 

4 (D) by redesignating subsection (c) as sub5 section (b). 

6 (2) CONFORMING AMENDMENT.—The table of 

7 sections at the beginning of the National Nuclear 

8 Security Administration Act is amended by striking 

9 the item relating to section 3232 and inserting the 

10 following new item: 

‘‘Sec. 3232. Office of Defense Nuclear Security.’’. 

11 (c) COUNTERINTELLIGENCE PROGRAMS AT NNSA 

12 FACILITIES.—Section 3233 of the National Nuclear Secu13 rity Administration Act (50 U.S.C. 2423) is amended— 

14 (1) in each of subsections (a) and (b), by strik15 ing ‘‘The Administrator shall’’ and inserting ‘‘The 

16 Secretary of Energy shall’’; and 

17 (2) in subsection (b), by striking ‘‘Office of De18 fense Nuclear Counterintelligence’’ and inserting 

19 ‘‘Office of Counterintelligence of the Department of 

20 Energy’’. 

21 (d) STATUS OF NNSA INTELLIGENCE AND COUN22 TERINTELLIGENCE PERSONNEL.—Section 3220 of the 

23 National Nuclear Security Administration Act (50 U.S.C. 

24 2410) is amended by adding at the end the following new 

25 subsection: 


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1 ‘‘(e) STATUS OF INTELLIGENCE AND COUNTER2 INTELLIGENCE PERSONNEL.—Notwithstanding the re3 strictions of subsections (a) and (b), each officer or em4 ployee of the Administration, or of a contractor of the Ad5 ministration, who is carrying out activities related to intel6 ligence or counterintelligence shall, in carrying out those 

7 activities, be subject to the authority, direction, and con8 trol of the Secretary of Energy or the Secretary’s dele9 gate.’’. 

10 (e) SERVICE FROM WHICH DOE INTELLIGENCE DI11 RECTOR AND COUNTERINTELLIGENCE DIRECTOR AP12 POINTED.—Section 215(b)(1) (42 U.S.C. 7144b(b)(1)) 

13 and section 216(b)(1) (42 U.S.C. 7144c(b)(1)) of the De14 partment of Energy Organization Act are each amended 

15 by striking ‘‘which shall be a position in the Senior Execu16 tive Service’’ and inserting ‘‘who shall be an employee in 

17 the Senior Executive Service, the Senior Intelligence Serv18 ice, the Senior National Intelligence Service, or any other 

19 Service that the Secretary, in coordination with the Direc20 tor of National Intelligence, considers appropriate’’. 

21 (f) INTELLIGENCE EXECUTIVE COMMITTEE; BUDGET

22 FOR INTELLIGENCE AND COUNTERINTELLIGENCE.—Sec23 tion 214 of the Department of Energy Organization Act 

24 (42 U.S.C. 7144a) is amended— 


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1 (1) by inserting ‘‘(a)’’ before ‘‘The Secretary 

2 shall be responsible’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(b)(1) There is within the Department an Intel5 ligence Executive Committee. The Committee shall consist 

6 of the Deputy Secretary of Energy, who shall chair the 

7 Committee, and each Under Secretary of Energy. 

8 ‘‘(2) The Committee shall be staffed by the Director 

9 of the Office of Intelligence and the Director of the Office 

10 of Counterintelligence. 

11 ‘‘(3) The Secretary shall use the Committee to assist 

12 in developing and promulgating the counterintelligence 

13 and intelligence policies, requirements, and priorities of 

14 the Department. 

15 ‘‘(c) In the budget justification materials submitted 

16 to Congress in support of each budget submitted by the 

17 President to Congress under title 31, United States Code, 

18 the amounts requested for the Department for intelligence 

19 functions and the amounts requested for the Department 

20 for counterintelligence functions shall each be specified in 

21 appropriately classified individual, dedicated program ele22 ments. Within the amounts requested for counterintel23 ligence functions, the amounts requested for the National 

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1 rately from the amounts requested for other elements of 

2 the Department.’’. 

3 (g) REPORT.—Not later than 1 year after the date 

4 of the enactment of this Act, the Inspector General of the 

5 Department of Energy shall submit to Congress a report 

6 on the implementation of this section and of the amend7 ments required by this section. The report shall include 

8 the Inspector General’s evaluation of that implementation. 

9 TITLE XXXII—DEFENSE NU10 CLEAR FACILITIES SAFETY 

11 BOARD 

Sec. 3201. Authorization. 

12 SEC. 3201. AUTHORIZATION. 

13 There are authorized to be appropriated for fiscal 

14 year 2007, $22,260,000 for the operation of the Defense 

15 Nuclear Facilities Safety Board under chapter 21 of the 

16 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 

17 TITLE XXXIII—NATIONAL 

18 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. 

19 SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE 

20 STOCKPILE FUNDS. 

21 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis22 cal year 2007, the National Defense Stockpile Manager 

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1 tional Defense Stockpile Transaction Fund established 

2 under subsection (a) of section 9 of the Strategic and Crit3 ical Materials Stock Piling Act (50 U.S.C. 98h) for the 

4 authorized uses of such funds under subsection (b)(2) of 

5 such section, including the disposal of hazardous materials 

6 that are environmentally sensitive. 

7 (b) ADDITIONAL OBLIGATIONS.—The National De8 fense Stockpile Manager may obligate amounts in excess 

9 of the amount specified in subsection (a) if the National 

10 Defense Stockpile Manager notifies Congress that extraor11 dinary or emergency conditions necessitate the additional 

12 obligations. The National Defense Stockpile Manager may 

13 make the additional obligations described in the notifica14 tion after the end of the 45-day period beginning on the 

15 date on which Congress receives the notification. 

16 (c) LIMITATIONS.—The authorities provided by this 

17 section shall be subject to such limitations as may be pro18 vided in appropriations Acts. 

19 SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES 

20 FOR PREVIOUSLY AUTHORIZED DISPOSALS 

21 FROM NATIONAL DEFENSE STOCKPILE. 

22 (a) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Sec23 tion 3303(a) of the Strom Thurmond National Defense 

24 Authorization Act for Fiscal Year 1999 (Public Law 105– 

25 261; 50 U.S.C. 98d note), as amended by section 3302 


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1 of the Ronald W. Reagan National Defense Authorization 

2 Act for Year 2005 (Public Law 108–375; 118 Stat. 2193) 

3 and section 3302 of the National Defense Authorization 

4 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

5 3545), is amended— 

6 (1) by striking ‘‘and’’ at the end of paragraph 

7 (5); and 

8 (2) by striking the period at the end of para9 graph (6) and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(7) $1,365,000,000 by the end of fiscal year 

13 2014.’’. 

14 (b) FISCAL YEAR 1998 DISPOSAL AUTHORITY.—Sec15 tion 3305(a)(5) of the National Defense Authorization Act 

16 for Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. 98d 

17 note), as amended by section 3305 of the National De18 fense Authorization Act for Fiscal Year 2002 (Public Law 

19 107–107; 115 Stat. 1390), is amended by striking ‘‘2006’’ 

20 and inserting ‘‘2008’’. 

21 (c) FISCAL YEAR 1997 DISPOSAL AUTHORITY.—Sec22 tion 3303 of the National Defense Authorization Act for 

23 Fiscal Year 1997 (Public Law 104–201; 50 U.S.C. 98d 

24 note), as amended by section 3402(f) of the National De25 fense Authorization Act for Year 2000 (Public Law 106– 


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1 65; 113 Stat. 973) and section 3304(c) of the National 

2 Defense Authorization Act for 2002 (Public Law 107– 

3 107; 115 Stat. 1390), is amended— 

4 (1) in subsection (a), by striking paragraph (2) 

5 and inserting the following new paragraph (2): 

6 ‘‘(2) $720,000,000 during the 12-fiscal year pe7 riod ending September 30, 2008.’’; and 

8 (2) in subsection (b)(2), by striking ‘‘the 10-fis9 cal year period’’ and inserting ‘‘the period’’. 

10 TITLE XXXIV—NAVAL 

11 PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

12 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) AMOUNT.—There are hereby authorized to be ap14 propriated to the Secretary of Energy $18,810,000 for fis15 cal year 2007 for the purpose of carrying out activities 

16 under chapter 641 of title 10, United States Code, relating 

17 to the naval petroleum reserves. 

18 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

19 pursuant to the authorization of appropriations in sub20 section (a) shall remain available until expended. 


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1 TITLE XXXV—MARITIME 

2 ADMINISTRATION 

3 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS4 CAL YEAR 2007. 

5 Funds are hereby authorized to be appropriated for 

6 fiscal year 2007, to be available without fiscal year limita7 tion if so provided in appropriations Acts, for the use of 

8 the Department of Transportation for the Maritime Ad9 ministration as follows: 

10 (1) For expenses necessary for operations and 

11 training activities, $138,647,000, of which 

12 $19,500,000 shall be available only for paying reim13 bursement under section 3517 of the Maritime Secu14 rity Act of 2003 (46 U.S.C. 53101 note). 

15 (2) For expenses to dispose of obsolete vessels 

16 in the National Defense Reserve Fleet, including 

17 provision of assistance under section 7 of Public 

18 Law 92–402, $25,740,000. 

19 SEC. 3502. LIMITATION ON TRANSFER OF MARITIME SECU20 RITY FLEET OPERATING AGREEMENTS. 

21 Section 53105(e) of title 46, United States Code, is 

22 amended— 

23 (1) by inserting ‘‘(1) IN GENERAL.—’’ before 

24 the first sentence; 


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1 (2) by moving paragraph (1) (as designated by 

2 the amendment made by paragraph (1) of this sub3 section) so as to appear immediately below the head4 ing for such subsection, and 2 ems to the right; and 

5 (3) by adding at the end the following: 

6 ‘‘(2) LIMITATION.—The Secretary of Defense 

7 may not approve under paragraph (1) transfer of an 

8 operating agreement to a person that is not a citizen 

9 of the United States under section 2 of the Shipping 

10 Act, 1916 (46 U.S.C. App. 802), unless the Sec11 retary of Defense determines that there is no person 

12 who is a citizen under such section and is interested 

13 in obtaining the operating agreement for a vessel 

14 that is otherwise eligible to be included in the Fleet 

15 under section 53102(b).’’. 

16 SEC. 3503. APPLICABILITY TO CERTAIN MARITIME ADMIN17 ISTRATION VESSELS OF LIMITATIONS ON 

18 OVERHAUL, REPAIR, AND MAINTENANCE OF 

19 VESSELS IN FOREIGN SHIPYARDS. 

20 Section 11 of the Merchant Ship Sales Act of 1946 

21 (50 U.S.C. App. 1744) is amended by inserting after sub22 section (c) the following: 

23 ‘‘(d) APPLICABILITY OF LIMITATIONS ON OVERHAUL, 

24 REPAIR, AND MAINTENANCE IN FOREIGN SHIPYARDS.— 


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1 ‘‘(1) APPLICATION OF LIMITATION.—The provi2 sions of section 7310 of title 10, United States 

3 Code, shall apply to vessels specified in subsection 

4 (b), and to the Secretary of Transportation with re5 spect to those vessels, in the same manner as those 

6 provisions apply to vessels specified in subsection (b) 

7 of such section, and to the Secretary of the Navy, 

8 respectively. 

9 ‘‘(2) COVERED VESSELS.—Vessels specified in 

10 this paragraph are vessels maintained by the Sec11 retary of Transportation in support of the Depart12 ment of Defense, including any vessel assigned by 

13 the Secretary of Transportation to the Ready Re14 serve Force that is owned by the United States.’’. 

15 SEC. 3504. VESSEL TRANSFER AUTHORITY. 

16 The Secretary of Transportation may transfer or oth17 erwise make available without reimbursement to any other 

18 department a vessel under the jurisdiction of the Depart19 ment of Transportation, upon request by the Secretary of 

20 the department that receives the vessel. 


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1 SEC. 3505. UNITED STATES MERCHANT MARINE ACADEMY 

2 GRADUATES: ALTERNATE SERVICE REQUIRE3 MENTS. 

4 (a) SERVICE ON ACTIVE DUTY.—Section 1303(e) of 

5 the Merchant Marine Act, 1936 (46 U.S.C. App. 

6 1295b(e)) is 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 

10 United States or as a commissioned officer in the National 

11 Oceanic and Atmospheric Administration shall be excused 

12 from the requirements of subparagraphs (C), (D), and (E) 

13 of paragraph (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 

22 section paragraph (1) of that section, after the date of 

23 the enactment of this Act. 


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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 

10 department in which the Coast Guard is operating, and 

11 the Administrator of the National Oceanic and Atmos12 pheric Administration— 

13 ‘‘(i) shall report the status of obligated 

14 service of an individual graduate of the Acad15 emy 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 

19 duty or in the Ready Reserve component of 

20 their respective service, or as a commissioned 

21 officer of the National Oceanic and Atmos22 pheric Administration, respectively. 

23 ‘‘(B) A report or notice under subparagraph (A) shall 

24 identify any graduate determined to have failed to comply 

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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 

9 section does not apply with respect to an agreement en10 tered into under section 1303(e) of the Merchant Marine 

11 Act, 1936 (46 U.S.C. 1295b(e)) before the date of the en12 actment 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 

20 during fiscal year 2006 for disposal by the Navy, no fewer 

21 than 6 combatant vessels in the nonretention fleet of the 

22 Maritime Administration that are acceptable to the Sec23 retary of the Navy. 


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1 SEC. 3508. TEMPORARY REQUIREMENT TO MAINTAIN 

2 READY RESERVE FORCE. 

3 (a) REPORT TO CONGRESS.—The Secretary of De4 fense, in consultation with the Secretary of Transpor5 tation, shall submit to Congress by not later than March 

6 1, 2007, a report describing a five-year plan for maintain7 ing the capability of the Ready Reserve Force of the Na8 tional Defense Reserve Fleet necessary to support Depart9 ment of Defense wartime missions and support to civil au10 thority missions. 

11 (b) REQUIREMENT TO MAINTAIN THE READY RE12 SERVE FORCE AT CURRENT STRENGTH.—The Secretary 

13 of Transportation shall maintain 58 vessels in the Ready 

14 Reserve Force of the National Defense Reserve Fleet until 

15 the end of the 45-day period beginning on the date the 

16 report required under subsection (a) is submitted to Con17 gress. 

Passed the House of Representatives May 11, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 431 

109TH CONGRESS 

2D SESSION H. R. 5122 

AN ACT 

To authorize appropriations for fiscal year 2007 for 

and for other purposes. military personnel strengths for such fiscal year, ties of the Department of Energy, to prescribe for military construction, and for defense activimilitary activities of the Department of Defense, 

MAY 15, 2006 

Received; read twice and placed on the calendar 


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