H. R. 1815—294
(B) in the second sentence, by striking ‘‘the official’’ 
and inserting ‘‘the Secretary’’. 
(d) REPEAL OF OBSOLETE PROVISIONS.—Such section is further 
amended by striking subsections (d) and (e). 
SEC. 1033. DEPARTMENT OF DEFENSE CHEMICAL, BIOLOGICAL, RADIO-
LOGICAL, 
NUCLEAR, 
AND 
HIGH-YIELD 
EXPLOSIVES 
RESPONSE TEAMS. 
Section 1414 of the Defense Against Weapons of Mass Destruc-
tion Act of 1996 (50 U.S.C. 2314) is amended as follows: 
(1) The heading of such section is amended to read as 
follows: 
‘‘SEC. 1414. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND 
HIGH-YIELD EXPLOSIVES RESPONSE TEAM.’’. 
(2) Subsection (a) of such section is amended by striking 
‘‘or related materials’’ and inserting ‘‘radiological, nuclear, and 
high-yield explosives’’. 
(3) Subsection (b) of such section is amended—
(A) in the subsection heading, by striking ‘‘PLAN’’ and 
inserting ‘‘PLANS’’; 
(B) in the first sentence, by striking ‘‘Not later than’’ 
and all that follows through ‘‘response plans and’’ and 
inserting ‘‘The Secretary of Homeland Security shall incor-
porate into the National Response Plan prepared pursuant 
to section 502(6) of the Homeland Security Act of 2002 
(6 U.S.C. 312(6)), other existing Federal emergency 
response plans, and’’; and 
(C) in the second sentence—
(i) by striking ‘‘Director’’ and inserting ‘‘Secretary 
of Homeland Security’’; and 
(ii) by striking ‘‘consultation’’ and inserting 
‘‘coordination’’. 
SEC. 1034. REPEAL OF DEPARTMENT OF DEFENSE EMERGENCY 
RESPONSE ASSISTANCE PROGRAM. 
Section 1412 of the Defense Against Weapons of Mass Destruc-
tion Act of 1996 (50 U.S.C. 2312) is repealed. 
SEC. 1035. REPORT ON USE OF DEPARTMENT OF DEFENSE AERIAL 
RECONNAISSANCE ASSETS TO SUPPORT HOMELAND 
SECURITY BORDER SECURITY MISSIONS. 
(a) REPORT REQUIRED.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report 
containing the results of a study regarding the use of aerial recon-
naissance equipment of the Department of Defense in missions 
in which the Armed Forces support the Department of Homeland 
Security in performing its international border security mission. 
The Secretary of Defense shall conduct the study and prepare 
the report in coordination with the Secretary of Homeland Security. 
(b) ELEMENTS OF REPORT.—The report required by subsection 
(a) shall include the following: 
(1) A description of the current use of aerial reconnaissance 
equipment of the Department of Defense to conduct aerial 
reconnaissance over the international land and maritime bor-
ders of the United States in missions in which the Armed
H. R. 1815—295
Forces support the Department of Homeland Security in per-
forming its international border security mission. 
(2) A statement of the costs of such missions and the 
source of funds for such missions. 
(3) The conclusions derived from a study of how the Depart-
ment of Defense leverages dual-use aerial reconnaissance assets 
and technology, such as unmanned aerial vehicles and tethered 
aerostat radars, for both homeland defense and homeland secu-
rity purposes. 
Subtitle E—Reports and Studies 
SEC. 1041. REVIEW OF DEFENSE BASE ACT INSURANCE. 
(a) REVIEW REQUIRED.—The Secretary of Defense shall review 
current and future needs, options, and risks associated with Defense 
Base Act insurance. The review shall be conducted in coordination 
with the Director of the Office of Management and Budget and 
appropriate officials of the Department of Labor, the Department 
of State, and the United States Agency for International Develop-
ment. 
(b) MATTERS TO BE ADDRESSED.—The review under subsection 
(a) shall address the following matters: 
(1) Cost-effective options for acquiring Defense Base Act 
insurance. 
(2) Methods for coordinating data collection efforts among 
agencies and contractors on numbers of employees, costs of 
insurance, and other information relevant to decisions on 
Defense Base Act insurance. 
(3) Improved communication and coordination within and 
among agencies on the implementation of Defense Base Act 
insurance. 
(4) Actions to be taken to address difficulties in the 
administration of Defense Base Act insurance, including on 
matters relating to cost, data, enforcement, and claims proc-
essing. 
(c) REPORT REQUIRED.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit to the 
congressional defense committees a report on the results of the 
review under subsection (a). The report shall set forth the findings 
of the Secretary as a result of the review and such recommenda-
tions, including recommendations for legislative or administrative 
action, as the Secretary considers appropriate in light of the review. 
(d) DEFENSE BASE ACT INSURANCE DEFINED.—In this section, 
the term ‘‘Defense Base Act insurance’’ means workers’ compensa-
tion insurance provided to contractor employees pursuant to the 
Defense Base Act (42 U.S.C. 1651 et seq.). 
SEC. 1042. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO 
FINDINGS 
AND 
RECOMMENDATIONS 
OF 
DEFENSE 
SCIENCE BOARD TASK FORCE ON HIGH PERFORMANCE 
MICROCHIP SUPPLY. 
(a) REPORT REQUIRED.—Not later than July 1, 2006, the Sec-
retary of Defense shall submit to the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House
H. R. 1815—296
of Representatives a report on the implementation of the rec-
ommendations of the Defense Science Board Task Force on High 
Performance Microchip Supply. 
(b) CONTENTS.—The report required by subsection (a) shall 
include the following: 
(1) An analysis of each finding of the Task Force. 
(2) A detailed description of the response of the Department 
of Defense to each recommendation of the Task Force, 
including—
(A) for each recommendation that is being implemented 
or that the Secretary plans to implement—
(i) a summary of actions that have been taken 
to implement the recommendation; and 
(ii) a schedule, with specific milestones, for com-
pleting the implementation of the recommendation; 
and 
(B) for each recommendation that the Secretary does 
not plan to implement—
(i) the reasons for the decision not to implement 
the recommendation; and 
(ii) a summary of alternative actions the Secretary 
plans to take to address the purposes underlying the 
recommendation. 
(3) A summary of any additional actions the Secretary 
plans to take to address concerns raised by the Task Force. 
Subtitle F—Other Matters 
SEC. 1051. COMMISSION ON THE IMPLEMENTATION OF THE NEW STRA-
TEGIC POSTURE OF THE UNITED STATES. 
(a) ESTABLISHMENT OF COMMISSION.—
(1) 
ESTABLISHMENT.—There 
is 
hereby 
established 
a 
commission to be known as the ‘‘Commission on the 
Implementation of the New Strategic Posture of the United 
States’’. The Secretary of Defense shall enter into a contract 
with a federally funded research and development center to 
provide for the organization, management, and support of the 
Commission. Such contract shall be entered into in consultation 
with the Secretary of Energy. The selection of the federally 
funded research and development center shall be made in con-
sultation with the chairman and ranking minority member 
of the Committee on Armed Services of the Senate and the 
chairman and ranking minority member of the Committee on 
Armed Services of the House of Representatives. 
(2) COMPOSITION.—
(A) MEMBERSHIP.—The Commission shall be composed 
of 12 members who shall be appointed by the Secretary 
of Defense. In selecting individuals for appointment to the 
Commission, the Secretary of Defense shall consult with 
the chairman and ranking minority member of the Com-
mittee on Armed Services of the Senate and the chairman 
and ranking minority member of the Committee on Armed 
Services of the House of Representatives.
H. R. 1815—297
(B) QUALIFICATIONS.—Members of the Commission 
shall be appointed from among private United States citi-
zens with knowledge and expertise in the political, military, 
operational, and technical aspects of nuclear strategy. 
(3) CHAIRMAN
OF
THE
COMMISSION.—The Secretary of 
Defense shall designate one of the members of the Commission 
to serve as chairman of the Commission. 
(4) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 
be appointed for the life of the Commission. Any vacancy in 
the Commission shall be filled in the same manner as the 
original appointment. 
(5) SECURITY CLEARANCES.—All members of the Commis-
sion shall hold appropriate security clearances. 
(b) DUTIES OF COMMISSION.—
(1) REVIEW
OF
IMPLEMENTATION
OF
NUCLEAR
POSTURE 
REVIEW.—The 
Commission 
shall 
examine 
programmatic 
requirements to achieve the goals set forth in the report of 
the Secretary of Defense submitted to Congress on December 
31, 2001, providing the results of the Nuclear Posture Review 
conducted pursuant to section 1041 of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001 (as 
enacted into law by Public Law 106–398; 114 Stat. 1654, 
1654A–262) and results of periodic assessments of the Nuclear 
Posture Review. Matters examined by the Commission shall 
include the following: 
(A) The process of establishing requirements for stra-
tegic forces and how that process accommodates employ-
ment of nonnuclear strike platforms and munitions in a 
strategic role. 
(B) How strategic intelligence, reconnaissance, and 
surveillance requirements differ from nuclear intelligence, 
reconnaissance, and surveillance requirements. 
(C) The ability of a limited number of strategic plat-
forms to carry out a growing range of nonnuclear strategic 
strike missions. 
(D) The limits of tactical systems to perform non-
nuclear global strategic missions in a prompt manner. 
(E) An assessment of the ability of the current nuclear 
stockpile to address the evolving strategic threat environ-
ment through 2008. 
(2) RECOMMENDATIONS.—The Commission shall include in 
its report recommendations with respect to the following: 
(A) Changes to the requirements process to employ 
nonnuclear strike platforms and munitions in a strategic 
role. 
(B) Changes to the nuclear stockpile and infrastructure 
required to preserve a nuclear capability commensurate 
with the changes to the strategic threat environment 
through 2008. 
(C) Actions the Secretary of Defense and the Secretary 
of Energy can take to preserve flexibility of the defense 
nuclear complex while reducing the cost of a Cold War 
strategic infrastructure. 
(D) Identify shortfalls in the strategic modernization 
programs of the United States that would undermine the 
ability of the United States to develop new nonnuclear 
strategic strike capabilities.
H. R. 1815—298
(3) COOPERATION FROM GOVERNMENT.—
(A) COOPERATION.—In carrying out its duties, the 
Commission shall receive the full and timely cooperation 
of the Secretary of Defense, the Secretary of Energy, and 
any other United States Government official in providing 
the Commission with analyses, briefings, and other 
information necessary for the fulfillment of its responsibil-
ities. 
(B) LIAISON WITH DOE & DOD.—The Secretary of Energy 
and the Secretary of Defense shall each designate at least 
one officer or employee of the Department of Energy and 
the Department of Defense, respectively, to serve as a 
liaison officer between the department and the Commis-
sion. 
(c) REPORTS.—
(1) COMMISSION REPORT.—Not later than June 30, 2007, 
the Commission shall submit to the Secretary of Defense and 
the Committees on Armed Services of the Senate and House 
of Representatives a report on the Commission’s findings and 
conclusions. 
(2) SECRETARY OF DEFENSE RESPONSE.—
(A) IN GENERAL.—The Secretary of Defense may submit 
to the Commission a response to the report of the Commis-
sion under paragraph (1). If the Secretary elects to submit 
to the Commission a response to the report of the Commis-
sion, the Secretary shall also submit such response to the 
committees specified in paragraph (1). 
(B) MATTERS TO BE INCLUDED.—The response, if any, 
of the Secretary to the report of the Commission shall 
include—
(i) comments on the findings and conclusions of 
the Commission; and 
(ii) an explanation of what actions, if any, the 
Secretary intends to take to implement the rec-
ommendations of the Commission and, with respect 
to each such recommendation, the Secretary’s reasons 
for implementing, or not implementing, the rec-
ommendation. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the 
chairman of the Commission, the head of any Federal department 
or agency may detail, on a nonreimbursable basis, up to three 
employees of such department or agency to the Commission to 
assist it in carrying out its duties. 
(e) FUNDING.—Funds for activities of the Commission shall 
be provided from amounts appropriated for the Department of 
Defense. 
(f) TERMINATION OF COMMISSION.—The Commission shall termi-
nate on July 30, 2007. 
(g) IMPLEMENTATION.—
(1) FFRDC CONTRACT.—The Secretary of Defense shall 
enter into the contract required under subsection (a)(1) not 
later that 60 days after the date of the enactment of this 
Act. 
(2) FIRST MEETING.—The Commission shall convene its first 
meeting not later than 30 days after the date as of which 
all members of the Commission have been appointed.
H. R. 1815—299
SEC. 1052. REESTABLISHMENT OF EMP COMMISSION. 
(a) REESTABLISHMENT.—The commission established pursuant 
to title XIV of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (as enacted into law by Public Law 106–
398; 114 Stat. 1654A–345), known as the Commission to Assess 
the Threat to the United States from Electromagnetic Pulse Attack, 
is hereby reestablished. 
(b) MEMBERSHIP.—The Commission as reestablished shall have 
the same membership as the Commission had as of the date of 
the submission of the report of the Commission pursuant to section 
1403(a) of such Act, as in effect before the date of the enactment 
of this Act. Service on the Commission is voluntary, and Commis-
sioners may elect to terminate their service on the Commission. 
(c) COMMISSION CHARTER DEFINED.—In this section, the term 
‘‘Commission charter’’ means title XIV of the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–345 et seq.). 
(d) ESTABLISHMENT
AND
PURPOSE.—Section 1401 of the 
Commission charter (114 Stat. 1654A–345) is amended—
(1) by striking subsections (e) and (g); 
(2) by redesignating subsections (b), (c), and (d) as sub-
sections (c), (d), and (e), respectively; 
(3) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) PURPOSE.—The purpose of the Commission is to monitor, 
investigate, make recommendations, and report to Congress on 
the evolving threat to the United States from electromagnetic pulse 
(hereinafter in this title referred to as ‘EMP’) attack resulting 
from the detonation of a nuclear weapon or weapons at high alti-
tude.’’; 
(4) in subsection (c), as redesignated by paragraph (2), 
by striking the second and third sentences and inserting ‘‘In 
the event of a vacancy in the membership of the Commission, 
the Secretary of Defense shall appoint a new member.’’; and 
(5) in subsection (d), as redesignated by paragraph (2), 
by striking ‘‘pulse (hereafter’’ and all that follows and inserting 
‘‘pulse effects referred to in subsection (b).’’. 
(e) DUTIES OF COMMISSION.—Section 1402 of the Commission 
charter (114 Stat. 1654A–346) is amended to read as follows: 
‘‘SEC. 1402. DUTIES OF COMMISSION. 
‘‘The Commission shall assess the following: 
‘‘(1) The vulnerability of electric-dependent military sys-
tems and other electric-dependent systems in the United States 
to an EMP attack, giving special attention to the progress, 
or lack of progress, by the Department of Defense, other Govern-
ment departments and agencies of the United States, and enti-
ties of the private sector in taking steps to protect such systems 
from such an attack. 
‘‘(2) The report of the Secretary of Defense submitted to 
Congress under section 1403(b) of this Act as in effect before 
the enactment of the National Defense Authorization Act for 
Fiscal Year 2006.’’. 
(f) REPORT.—Section 1403 of the Commission charter (114 Stat. 
1654A–345) is amended to read as follows:
H. R. 1815—300
‘‘SEC. 1403. REPORTS. 
‘‘(a) FINAL REPORT.—Not later than June 30, 2007, the Commis-
sion shall submit to Congress a report providing the Commission’s 
assessment of the matters specified in section 1402. That report 
shall include recommendations for any steps the Commission 
believes should be taken by the United States to better protect 
systems referred to in section 1402(1) from an EMP attack. 
‘‘(b) INTERIM REPORTS.—Before the submission of its report 
under subsection (a), the Commission may submit to Congress 
interim reports at such times as the Commission considers appro-
priate.’’. 
(g) CLERICAL AMENDMENT.—The heading for subsection (c) of 
section 1405 of the Commission charter (114 Stat. 1654A–347) 
is amended by striking ‘‘COMMISSION’’ and inserting ‘‘PANELS’’. 
(h) COMMISSION PERSONNEL MATTERS.—Section 1406(c)(2) of 
the Commission charter (114 Stat. 1654A–347) is amended by 
striking ‘‘for grade GS–15 of the General Schedule’’ and inserting 
‘‘for senior level and scientific or professional positions’’. 
(i) FUNDING.—Section 1408 of the Commission charter (114 
Stat. 1654A–348) is amended—
(1) by inserting ‘‘for any fiscal year’’ after ‘‘activities of 
the Commission’’; and 
(2) by striking ‘‘for fiscal year 2001’’ and inserting ‘‘for 
that fiscal year’’. 
(j) TERMINATION.—Section 1049 of of the Commission charter 
(114 Stat. 1654A–348) is amended by striking ‘‘60 days’’ and 
inserting ‘‘30 days’’. 
SEC. 1053. MODERNIZATION OF AUTHORITY RELATING TO SECURITY 
OF DEFENSE PROPERTY AND FACILITIES. 
Section 21 of the Internal Security Act of 1950 (50 U.S.C. 
797) is amended to read as follows: 
‘‘PENALTY FOR VIOLATION OF SECURITY REGULATIONS AND ORDERS 
‘‘SEC. 21. (a) MISDEMEANOR VIOLATION OF DEFENSE PROPERTY 
SECURITY REGULATIONS.—
‘‘(1) MISDEMEANOR.—Whoever willfully violates any defense 
property security regulation shall be fined under title 18, United 
States Code, or imprisoned not more than one year, or both. 
‘‘(2) 
DEFENSE
PROPERTY
SECURITY
REGULATION 
DESCRIBED.—For purposes of paragraph (1), a defense property 
security regulation is a property security regulation that, pursu-
ant to lawful authority—
‘‘(A) shall be or has been promulgated or approved 
by the Secretary of Defense (or by a military commander 
designated by the Secretary of Defense or by a military 
officer, or a civilian officer or employee of the Department 
of Defense, holding a senior Department of Defense director 
position designated by the Secretary of Defense) for the 
protection or security of Department of Defense property; 
or 
‘‘(B) shall be or has been promulgated or approved 
by the Administrator of the National Aeronautics and Space 
Administration for the protection or security of NASA prop-
erty.
H. R. 1815—301
‘‘(3) PROPERTY SECURITY REGULATION DESCRIBED.—For pur-
poses of paragraph (2), a property security regulation, with 
respect to any property, is a regulation—
‘‘(A) relating to fire hazards, fire protection, lighting, 
machinery, guard service, disrepair, disuse, or other 
unsatisfactory conditions on such property, or the ingress 
thereto or egress or removal of persons therefrom; or 
‘‘(B) otherwise providing for safeguarding such property 
against destruction, loss, or injury by accident or by enemy 
action, sabotage, or other subversive actions. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) DEPARTMENT OF DEFENSE PROPERTY.—The term 
‘Department of Defense property’ means covered property 
subject to the jurisdiction, administration, or in the custody 
of the Department of Defense, any Department or agency 
of which that Department consists, or any officer or 
employee of that Department or agency. 
‘‘(B) NASA PROPERTY.—The term ‘NASA property’ 
means covered property subject to the jurisdiction, adminis-
tration, or in the custody of the National Aeronautics and 
Space Administration or any officer or employee thereof. 
‘‘(C) COVERED PROPERTY.—The term ‘covered property’ 
means aircraft, airports, airport facilities, vessels, harbors, 
ports, piers, water-front facilities, bases, forts, posts, labora-
tories, stations, vehicles, equipment, explosives, or other 
property or places. 
‘‘(D) REGULATION
AS
INCLUDING
ORDER.—The term 
‘regulation’ includes an order. 
‘‘(b) POSTING.—Any regulation or order covered by subsection 
(a) shall be posted in conspicuous and appropriate places.’’. 
SEC. 1054. REVISION OF DEPARTMENT OF DEFENSE COUNTERINTEL-
LIGENCE POLYGRAPH PROGRAM. 
(a) IN GENERAL.—Section 1564a of title 10, United States Code, 
is amended to read as follows: 
‘‘§ 1564a. Counterintelligence polygraph program 
‘‘(a) AUTHORITY FOR PROGRAM.—The Secretary of Defense may 
carry out a program for the administration of counterintelligence 
polygraph examinations to persons described in subsection (b). The 
program shall be conducted in accordance with the standards speci-
fied in subsection (e). 
‘‘(b) PERSONS COVERED.—Except as provided in subsection (d), 
the following persons, if their duties are described in subsection 
(c), are subject to this section: 
‘‘(1) Military and civilian personnel of the Department of 
Defense. 
‘‘(2) Personnel of defense contractors. 
‘‘(3) A person assigned or detailed to the Department of 
Defense. 
‘‘(4) An applicant for a position in the Department of 
Defense. 
‘‘(c) COVERED TYPES
OF DUTIES.—The Secretary of Defense 
may provide, under standards established by the Secretary, that 
a person described in subsection (b) is subject to this section if 
that person’s duties involve—
‘‘(1) access to information that—
H. R. 1815—302
‘‘(A) has been classified at the level of top secret; or 
‘‘(B) is designated as being within a special access 
program under section 4.4(a) of Executive Order No. 12958 
(or a successor Executive order); or 
‘‘(2) assistance in an intelligence or military mission in 
a case in which the unauthorized disclosure or manipulation 
of information, as determined under standards established by 
the Secretary of Defense, could reasonably be expected to—
‘‘(A) jeopardize human life or safety; 
‘‘(B) result in the loss of unique or uniquely productive 
intelligence sources or methods vital to United States secu-
rity; or 
‘‘(C) compromise technologies, operational plans, or 
security procedures vital to the strategic advantage of the 
United States and its allies. 
‘‘(d) EXCEPTIONS FROM COVERAGE FOR CERTAIN INTELLIGENCE 
AGENCIES
AND FUNCTIONS.—This section does not apply to the 
following persons: 
‘‘(1) A person assigned or detailed to the Central Intel-
ligence Agency or to an expert or consultant under a contract 
with the Central Intelligence Agency. 
‘‘(2) A person who is—
‘‘(A) employed by or assigned or detailed to the 
National Security Agency; 
‘‘(B) an expert or consultant under contract to the 
National Security Agency; 
‘‘(C) an employee of a contractor of the National Secu-
rity Agency; or 
‘‘(D) a person applying for a position in the National 
Security Agency. 
‘‘(3) A person assigned to a space where sensitive cryp-
tographic information is produced, processed, or stored. 
‘‘(4) A person employed by, or assigned or detailed to, 
an office within the Department of Defense for the collection 
of specialized national foreign intelligence through reconnais-
sance programs or a contractor of such an office. 
‘‘(e) STANDARDS.—(1) Polygraph examinations conducted under 
this section shall comply with all applicable laws and regulations. 
‘‘(2) Such examinations may be authorized for any of the fol-
lowing purposes: 
‘‘(A) To assist in determining the initial eligibility for duties 
described in subsection (c) of, and aperiodically thereafter, on 
a random basis, to assist in determining the continued eligi-
bility of, persons described in subsections (b) and (c). 
‘‘(B) With the consent of, or upon the request of, the exam-
inee, to—
‘‘(i) resolve serious credible derogatory information 
developed in connection with a personnel security investiga-
tion; or 
‘‘(ii) exculpate him- or herself of allegations or evidence 
arising in the course of a counterintelligence or personnel 
security investigation. 
‘‘(C) To assist, in a limited number of cases when oper-
ational exigencies require the immediate use of a person’s serv-
ices before the completion of a personnel security investigation, 
in determining the interim eligibility for duties described in 
subsection (c) of the person.