127 
empted files or any portion thereof. The Director of Na-
tional Intelligence must approve any determinations to re-
move such exemptions. 
‘‘(2) The review required by paragraph (1) shall in-
clude consideration of the historical value or other public 
interest in the subject matter of the particular category 
of files or portions thereof and the potential for declas-
sifying a significant part of the information contained 
therein. 
‘‘(3) A complainant that alleges that the Defense In-
telligence Agency has improperly withheld records because 
of failure to comply with this section may seek judicial 
review in the district court of the United States of the 
district in which any of the parties reside, or in the Dis-
trict of Columbia. In such a proceeding, the court’s review 
shall be limited to determining the following: 
‘‘(A) Whether the Defense Intelligence Agency 
has conducted the review required by paragraph (1) 
before the expiration of the 10-year period beginning 
on the date of the enactment of this section or be-
fore the expiration of the 10-year period beginning 
on the date of the most recent review. 
‘‘(B) Whether the Defense Intelligence Agency, 
in fact, considered the criteria set forth in paragraph 
(2) in conducting the required review.’’.
128 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such title is amended by inserting after 
the item relating to section 705 the following new item: 
‘‘706. Operational files of the Defense Intelligence Agency.’’. 
(c) OTHER AMENDMENTS.—The National Security 
Act of 1947 is further amended— 
(1) by inserting at the end of section 
702(a)(3)(C) the following new clause: 
‘‘(vii) The Office of the Inspector General of 
the National Geospatial-Intelligence Agency.’’; 
(2) by inserting at the end of section 
703(a)(3)(C) the following new clause: 
‘‘(vii) The Office of the Inspector General of 
the NRO.’’; and 
(3) by inserting at the end of section 704(c)(3) 
the following subparagraph: 
‘‘(H) The Office of the Inspector General 
of the National Security Agency.’’. 
SEC. 902. DEFENSE COUNTERINTELLIGENCE POLYGRAPH 
PROGRAM. 
Section 1564a of title 10, United States Code, is 
amended— 
(1) in subsection (a), by inserting ‘‘or successor 
directive’’ before the period at the end; and 
(2) in subsection (b), by inserting after ‘‘(or a 
successor Executive order)’’ the following: ‘‘, or who
129 
have access to other information whose unauthorized 
disclosure or manipulation would have significant 
potential impact upon national security, as deter-
mined under standards established by the Secretary 
of Defense,’’. 
Subtitle B—Other Matters 
SEC. 911. OPERATIONAL TEST AND EVALUATION; EXPAND-
ING THE ELIGIBILITY CRITERIA FOR THE 
LEADERSHIP OF DEPARTMENT OF DEFENSE 
TEST RESOURCE MANAGEMENT CENTER. 
Section 196(b) of title 10, United States Code, is 
amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) At the head of the Center shall be a Direc-
tor, selected by the Secretary from among individ-
uals who have substantial experience in the field of 
test and evaluation.’’; and 
(2) in paragraph (2), by striking ‘‘senior civil-
ian officers and employees of the Department of De-
fense’’ and inserting ‘‘individuals’’.
130 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE 
BUDGET REQUEST FOR PROCUREMENT OF 
RESERVE EQUIPMENT. 
Section 114(e) of title 10, United States Code, is re-
pealed. 
SEC. 1002. REPEAL OF REQUIREMENT FOR TWO–YEAR 
BUDGET CYCLE FOR THE DEPARTMENT OF 
DEFENSE. 
Section 1405 of the Department of Defense Author-
ization Act, 1986 (31 U.S.C. 1105 note) is repealed. 
SEC. 1003. CAPTURE OF ALL EXPIRED FUNDS FROM THE 
MILITARY PERSONNEL AND OPERATION AND 
MAINTENANCE APPROPRIATION ACCOUNTS 
FOR USE IN THE FOREIGN CURRENCY FLUC-
TUATIONS ACCOUNT. 
(a) IN GENERAL.—Section 2779 of title 10, United 
States Code, is amended— 
(1) in subsection (a)(2), by striking ‘‘second fis-
cal year’’ and inserting ‘‘fifth fiscal year’’; and 
(2) in subsection (d)(2), by striking ‘‘second fis-
cal year’’ and inserting ‘‘fifth fiscal year’’. 
(b) LIMITATION ON FUNDS TRANSFERRED.—Funds 
transferred in fiscal year 2006 pursuant to the additional
131 
transfer authority authorized in subsection (a) may not 
exceed $10,000,000. 
SEC. 1004. AUTHORITY TO USE FUNDS APPROPRIATED FOR 
ACTIVE FORCES TO SUPPORT RESERVE COM-
PONENT FORCES NOTIFIED OF MOBILIZA-
TION. 
(a) IN GENERAL.—Chapter 1805 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 18506. Reserve components: premobilization sup-
port with funds appropriated for active 
forces 
‘‘Whenever the Secretary concerned determines that 
it is in the interest of national security, the Secretary may 
authorize the use of funds appropriated for active compo-
nent forces to support reserve component forces that have 
been notified they are to be ordered to active duty in sup-
port of a contingency operation.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘18506. Reserve components: premobilization support with funds appropriated 
for active forces.’’.
132 
SEC. 1005. PURCHASE AND DISPOSAL OF WEAPONS OVER-
SEAS. 
(a) AUTHORITY.—Funds available to the Department 
of Defense for operations and maintenance may be used 
to purchase weapons from any person, foreign govern-
ment, international organization or other entity for the 
purpose of protecting United States forces engaged in 
military operations overseas. 
(b) DISPOSITION OF WEAPONS PURCHASED.—Weap-
ons purchased under the authority of this section may be 
disposed of by transfer to the military or security forces 
of another country, with the concurrence of the Secretary 
of State, or by destruction. 
(c) CONGRESSIONAL NOTIFICATION.—The Secretary 
of Defense shall promptly notify the congressional defense 
committees when weapons are purchased or transferred to 
another country pursuant to this section. 
SEC. 1006. FUNDING OF ARMY MULTIPLE–COMPONENT 
UNITS. 
(a) IN GENERAL.—Chapter 307 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 3085. Funding of Army multiple-component units 
‘‘(a) AUTHORITY.—Funds authorized to be appro-
priated for ‘Operation and Maintenance, Army’ may be 
obligated and expended to support elements of the reserve
133 
components that are part of a multiple-component unit of 
the Army, or may be transferred to Operation and Mainte-
nance, Army Reserve, or Operation and Maintenance, 
Army National Guard, for such purposes. 
‘‘(b) DEFINITION.—For the purposes of this section, 
a ‘multiple-component unit’ is a unit comprised of per-
sonnel or equipment, or both, from active and reserve com-
ponents, as determined by the Secretary of Defense.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘3085. Funding of Army multiple-component units.’’. 
Subtitle B—Counter-Drug 
Activities 
SEC. 1011. DEPARTMENT OF DEFENSE SUPPORT FOR 
COUNTER–DRUG ACTIVITIES. 
Section 1021 of the National Defense Authorization 
Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 
1212), is amended— 
(1) in subsection (a), by striking ‘‘2002 through 
2006’’and inserting ‘‘2006 through 2011’’; and 
(2) in paragraph (b)(4), by inserting at the end 
the following new sentence: ‘‘Bases of operations and 
training facilities may be for any aspect of counter- 
drug activities, including detection, interdiction, and 
prosecution.’’.
134 
Subtitle C—Reports 
SEC. 1021. RELIEF OF REQUIREMENT TO SUBMIT ANNUAL 
REPORTS TO CONGRESS REGARDING GLOBAL 
STRIKE. 
Section 1032 of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 
1605), is amended— 
(1) in subsection (a), by striking ‘‘(a) INTE-
GRATED PLAN FOR PROMPT GLOBAL STRIKE CAPA-
BILITY.—’’; and 
(2) by striking subsection (b). 
SEC. 1022. REPEAL OF REQUIRED REPORTS ON TRANSFERS 
FROM HIGH–PRIORITY READINESS APPRO-
PRIATIONS. 
(a) IN GENERAL.—Section 483 of title 10, United 
States Code, is repealed. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 23 of such title is amend-
ed by striking the item relating to section 483.
135 
Subtitle D—Defense Against Ter-
rorism and Other Domestic Se-
curity Matters 
SEC. 1031. TESTING OF PREPAREDNESS FOR EMERGENCIES 
INVOLVING NUCLEAR, RADIOLOGICAL, CHEM-
ICAL, BIOLOGICAL, AND HIGHYIELD EXPLO-
SIVES WEAPONS. 
Section 1415 of the National Defense Authorization 
Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 
2720), is amended— 
(1) in subsection (a)— 
(A) 
by 
inserting 
‘‘NUCLEAR, 
RADIO-
LOGICAL,’’ after ‘‘INVOLVING’’ in the heading; 
(B) in paragraph (1)— 
(i) by striking ‘‘Secretary of Defense’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(ii) by striking ‘‘biological weapons 
and related materials and emergencies in-
volving chemical weapons and related ma-
terials’’ and inserting ‘‘nuclear, radio-
logical, biological, and chemical weapons 
and related materials’’; 
(C) in paragraph (2), by striking ‘‘during 
each of five successive fiscal years beginning
136 
with fiscal year 1997’’ and inserting ‘‘in accord-
ance with subsection (c) of section 102 and sub-
section (c)(1) of section 430 of the Homeland 
Security Act of 2002 (Public Law 107–296; 
116 Stat. 2135)’’; and 
(D) in paragraph (3), by striking ‘‘the Di-
rector of the Federal Bureau of Investigation, 
the Director of the Federal Emergency Man-
agement Agency,’’ and inserting ‘‘the Secretary 
of Defense, the Director of the Federal Bureau 
of Investigation,’’; 
(2) by striking subsections (b) and (d); 
(3) by redesignating subsections (c) and (e) as 
subsections (b) and (c), respectively; and 
(4) in subsection (b), as redesignated by para-
graph (3), by striking ‘‘or (b)’’. 
Subtitle E—Personnel Security 
Matters 
SEC. 1041. UPDATE OF INTERNAL SECURITY ACT OF 1950. 
Section 21 of title I of the Internal Security Act of 
1950 (Public Law 81–831; 64 Stat. 1005), is amended 
by striking ‘‘commander’’ and inserting ‘‘commander or 
military or civilian director’’.
137 
Subtitle F—Transportation-Related 
Matters 
SEC. 1051. TRANSPORTATION OF FAMILY MEMBERS INCI-
DENT 
TO 
THE 
REPATRIATION 
OF 
SERVICEMEMBERS OR CIVILIANS HELD CAP-
TIVE. 
(a) MILITARY CAPTIVES.—Chapter 7 of title 37, 
United States Code, is amended by inserting after section 
411i the following new section: 
‘‘§ 411j. Travel and transportation allowances: trans-
portation of family members incident to 
the repatriation of members held captive 
‘‘(a) ALLOWANCE
FOR
FAMILY
MEMBERS.—(1) 
Under uniform regulations prescribed by the Secretary 
concerned, travel and transportation described in sub-
section (c) may be provided for not more than three family 
members of a member described in paragraph (3). In cir-
cumstances determined to be appropriate by the Secretary 
concerned, the Secretary may waive the limitation on the 
number of family members provided travel and transpor-
tation under this section. 
‘‘(2) In addition to the persons authorized to be pro-
vided travel and transportation under paragraph (1), the 
Secretary may provide such travel and transportation to
138 
an attendant to accompany a family member described in 
paragraph (3) if the Secretary concerned determines— 
‘‘(A) the family member to be accompanied is 
unable to travel unattended because of age, physical 
condition, or other reason determined by the Sec-
retary; and 
‘‘(B) no other family member who is eligible for 
travel and transportation under subsection (a) is 
able to serve as an attendant for the family member. 
‘‘(3) A member referred to in paragraph (a)(1) is a 
member of the uniformed services who— 
‘‘(A) is serving on active duty; 
‘‘(B) was held captive, as determined by the 
Secretary, and 
‘‘(C) is repatriated to a site in or outside the 
United States. 
‘‘(b) ELIGIBLE FAMILY MEMBERS.—(1) In this sec-
tion, the term ‘family member’ has the meaning given the 
term in section 411h(b) of this title. 
‘‘(2) If no family member is able to travel to the repa-
triation site, such travel and transportation allowances 
may be provided to not more than two persons related to 
and selected by the member. 
‘‘(c) TRAVEL
AND
TRANSPORTATION
AUTHOR-
IZED.—(1) The transportation authorized by subsection
139 
(a) is round-trip transportation between the home of the 
family member (or home of the attendant or person pro-
vided transportation under subsection (a)(2) or (b)(2), as 
the case may be) and the location of the repatriation site 
at which the member is located. 
‘‘(2) In addition to the transportation authorized by 
subsection (a), the Secretary concerned may provide a per 
diem allowance or reimbursement for the actual and nec-
essary expenses of the travel, or a combination thereof, 
but not to exceed the rates established under section 
404(d) of this title. 
‘‘(3) The transportation authorized by subsection (a) 
may be provided by any of the means described in section 
411h(d)(1) of this title. 
‘‘(4) An allowance under this subsection may be paid 
in advance. 
‘‘(5) Reimbursement payable under this subsection 
may not exceed the cost of government-procured round- 
trip air travel.’’. 
(b) CIVILIAN CAPTIVES.—Chapter 57 of title 5, 
United States Code, is amended by adding at the end the 
following new section:
140 
‘‘§ 5760. Travel and transportation allowances: trans-
portation of family members incident to 
the repatriation of employees held cap-
tive 
‘‘(a) ALLOWANCE
FOR
FAMILY
MEMBERS.—(1) 
Under uniform regulations prescribed by the head of an 
agency, travel and transportation described in subsection 
(c) may be provided for not more than three family mem-
bers of an employee described in paragraph (3). In cir-
cumstances determined to be appropriate by the head of 
an agency, the head of an agency may waive the limitation 
on the number of family members provided travel and 
transportation under this section. 
‘‘(2) In addition to the persons authorized to be pro-
vided travel and transportation under paragraph (1), the 
head of an agency may provide such travel and transpor-
tation to an attendant to accompany a family member de-
scribed in paragraph (3) if the head of an agency con-
cerned determines— 
‘‘(A) the family member to be accompanied is 
unable to travel unattended because of age, physical 
condition, or other reason determined by the Sec-
retary; and 
‘‘(B) no other family member who is eligible for 
travel and transportation under subsection (a) is 
able to serve as an attendant for the family member.
141 
‘‘(3) An employee referred to in paragraph (a)(1) is 
an employee as defined in section 2105 of this title who— 
‘‘(A) was held captive, as determined by the 
head of an agency, and 
‘‘(B) is repatriated to a site in or outside the 
United States. 
‘‘(b) ELIGIBLE FAMILY MEMBERS.—(1) In this sec-
tion, the term ‘family member’ has the meaning given the 
term in section 411h(b) of title 37. 
‘‘(2) If no family member is able to travel to the repa-
triation site, such travel and transportation allowances 
may be provided to not more than two persons related to 
and selected by the member. 
‘‘(c) TRAVEL
AND
TRANSPORTATION
AUTHOR-
IZED.—(1) The transportation authorized by subsection 
(a) is round-trip transportation between the home of the 
family member (or home of the attendant or person pro-
vided transportation under subsection (a)(2) or (b)(2), as 
the case may be) and the location of the repatriation site 
at which the employee is located. 
‘‘(2) In addition to the transportation authorized by 
subsection (a), the head of an agency may provide a per 
diem allowance or reimbursement for the actual and nec-
essary expenses of the travel, or a combination thereof,
142 
but not to exceed the rates established under section 
404(d) of title 37. 
‘‘(3) The transportation authorized by subsection (a) 
may be provided by any of the means described in section 
411h(d)(1) of title 37. 
‘‘(4) An allowance under this subsection may be paid 
in advance. 
‘‘(5) Reimbursement payable under this subsection 
may not exceed the cost of government-procured round- 
trip air travel.’’. 
(c) CLERICAL AMENDMENT.—(1) The table of sec-
tions at the beginning of chapter 7 of title 37 is amended 
by adding at the end the following new item: 
‘‘411j. Travel and transportation allowances: transportation of family members 
incident to the repatriation of members held captive.’’. 
(2) The table of sections at the beginning of chapter 
57 of title 5 is amended by adding at the end the following 
new item: 
‘‘5760. Travel and transportation allowances: transportation of family members 
incident to the repatriation of employees held captive.’’. 
SEC. 1052. RESEARCH, DEVELOPMENT, TEST AND EVALUA-
TION FOR TRANSPORTATION RELATED PRO-
GRAMS. 
(a) IN GENERAL.—Chapter 6 title 10, United States 
Code, is amended by inserting after section 164 the fol-
lowing new section:
143 
‘‘§ 164a. Combatant command research and develop-
ment 
‘‘(a) The Secretary of Defense may authorize the 
Commander, United States Transportation Command, 
to— 
‘‘(1) develop and acquire transportation and 
distribution-peculiar equipment; 
‘‘(2) acquire transportation and distribution-pe-
culiar material, supplies, and services; and 
‘‘(3) coordinate efforts with the Services and in-
dustry for developing, testing, and fielding advance 
technologies relative to transportation and the dis-
tribution process. 
‘‘(b) In addition to the activities of a combatant com-
mand for which funding may be requested under section 
166(b) of this title, a budget proposal for the Transpor-
tation Command shall include requests for funding for— 
‘‘(1) development and acquisition of transpor-
tation and distribution-peculiar equipment; and 
‘‘(2) acquisition of other material, supplies, or 
services that are peculiar to transportation and dis-
tribution activities. 
‘‘(c) The Secretary of Defense may prescribe regula-
tions for the activities of the Transportation Command. 
Such regulations may include safeguards to preclude du-
plication of efforts. Basic aircraft, ship, truck and railcar
144 
research, development and acquisition shall remain the re-
sponsibility of the Service Secretaries.’’. 
‘‘(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 164 the following new 
item: 
‘‘164a. Combatant command research and development.’’. 
Subtitle G—Other Matters 
SEC. 1061. PILOT PROGRAM FOR THE EMPLOYMENT, USE, 
AND STATUS OF RESERVE CIVILIAN MARI-
NERS. 
(a) AUTHORITY.—Chapter 1007 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 10219. Reserve civilian mariners pilot program 
‘‘(a) AUTHORITY.—Notwithstanding any other provi-
sion of law, the Secretary of the Navy may conduct a pilot 
program to condition the employment of certain civil serv-
ice mariners of the Military Sealift Command on their en-
rollment and continued membership in a new, specialized 
and limited category of the Naval Reserve that is subject 
to activation in order to serve on certain designated war-
ships. Subject to the limitations in section (e), the Sec-
retary is authorized to designate vessels to participate in 
the pilot program and may prescribe regulations to imple-
ment this section.
145 
‘‘(b) APPLICATION.—The provisions of subsection (a) 
shall apply only to: 
‘‘(1) civil service mariners of the Military Sea-
lift Command employed on the date of enactment of 
this section who elect to serve on designated war-
ships; and 
‘‘(2) any civil service mariner appointed to a 
position and assigned to serve on designated war-
ships after the date of enactment of this section. 
‘‘(c) ACTIVATION.—(1) The Secretary of the Navy 
may activate Reserve civilian mariners only when the war-
ships on which they serve are conducting operations in 
which members of the armed forces are or may become 
involved in military actions, operations, or hostilities 
against an enemy of the United States or against an op-
posing military force. 
‘‘(2) Reserve civilian mariners shall be subject to the 
Uniform Code of Military Justice only when activated pur-
suant to paragraph (1). 
‘‘(3) When activated, Reserve Civilian Mariners will 
perform navigation, vessel engineering, steward and 
housekeeping functions, deck department duties, ship-
board security, firefighting, and similar vessel support 
functions.