†
586
HR 1585 PP
(IV) health care;
(V) engineering;
(VI) law;
(VII) journalism; and
(VIII) sciences;
(L) identification of and means for repli-
cating best practices at all levels and in all sec-
tors, including best practices from the inter-
national community; and
(M) recommendations for overcoming bar-
riers in foreign language proficiency.
(3) NATIONAL
SECURITY
LANGUAGE
INITIA-
TIVE.—The term ‘‘National Security Language Ini-
tiative’’ means the comprehensive national plan of the
President announced on January 5, 2006, and under
the direction of the Secretaries of State, Education,
and Defense and the Director of National Intelligence
to expand foreign language education for national se-
curity purposes in the United States.
(d) SUBMISSION OF STRATEGY TO PRESIDENT AND
CONGRESS.—Not later than 18 months after the date of en-
actment of this section, the Council shall prepare and trans-
mit to the President and the relevant committees of Con-
gress the strategy required under subsection (c).
†
587
HR 1585 PP
(e) MEETINGS.—The Council may hold such meetings,
and sit and act at such times and places, as the Council
considers appropriate, but shall meet in formal session at
least 2 times a year. State and local government agencies
and other organizations (such as academic sector institu-
tions, foreign language-related interest groups, business as-
sociations, industry, and heritage community organiza-
tions) shall be invited, as appropriate, to public meetings
of the Council at least once a year.
(f) STAFF.—
(1) IN GENERAL.—The Director may—
(A) appoint, without regard to the provi-
sions of title 5, United States Code, governing
the competitive service, such personnel as the Di-
rector considers necessary; and
(B) compensate such personnel without re-
gard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title.
(2) DETAIL
OF
GOVERNMENT
EMPLOYEES.—
Upon request of the Council, any Federal Government
employee may be detailed to the Council without re-
imbursement, and such detail shall be without inter-
ruption or loss of civil service status or privilege.
(3) EXPERTS AND CONSULTANTS.—With the ap-
proval of the Council, the Director may procure tem-
†
588
HR 1585 PP
porary and intermittent services under section
3109(b) of title 5, United States Code.
(4) TRAVEL EXPENSES.—Council members and
staff shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter
57 of title 5, United States Code, while away from
their homes or regular places of business in the per-
formance of services for the Council.
(5) SECURITY CLEARANCE.—
(A) IN GENERAL.—Subject to subparagraph
(B), the appropriate Federal agencies or depart-
ments shall cooperate with the Council in expedi-
tiously providing to the Council members and
staff appropriate security clearances to the extent
possible pursuant to existing procedures and re-
quirements.
(B) EXCEPTION.—No person shall be pro-
vided with access to classified information under
this section without the appropriate required se-
curity clearance access.
(6) COMPENSATION.—The rate of pay for any
employee of the Council (including the Director) may
not exceed the rate payable for level V of the Executive
†
589
HR 1585 PP
Schedule under section 5316 of title 5, United States
Code.
(g) POWERS.—
(1) DELEGATION.—Any member or employee of
the Council may, if authorized by the Council, take
any action that the Council is authorized to take in
this section.
(2) INFORMATION.—
(A) COUNCIL AUTHORITY TO SECURE.—The
Council may secure directly from any Federal
agency such information, consistent with Federal
privacy laws, including The Family Educational
Rights and Privacy Act (20 U.S.C. 1232g) and
Department of Education’s General Education
Provisions Act (20 U.S.C. 1232(h)), the Council
considers necessary to carry out its responsibil-
ities.
(B) 
REQUIREMENT
TO
FURNISH
RE-
QUESTED
INFORMATION.—Upon request of the
Director, the head of such agency shall furnish
such information to the Council.
(3) DONATIONS.—The Council may accept, use,
and dispose of gifts or donations of services or prop-
erty.
†
590
HR 1585 PP
(4) MAIL.—The Council may use the United
States mail in the same manner and under the same
conditions as other Federal agencies.
(h) CONFERENCES, NEWSLETTER, AND WEBSITE.—In
carrying out this section, the Council—
(1) may arrange Federal, regional, State, and
local conferences for the purpose of developing and co-
ordinating effective programs and activities to im-
prove foreign language education;
(2) may publish a newsletter concerning Federal,
State, and local programs that are effectively meeting
the foreign language needs of the nation; and
(3) shall create and maintain a website con-
taining information on the Council and its activities,
best practices on language education, and other rel-
evant information.
(i) ANNUAL REPORT.—
(1) REQUIREMENT.—Not later than 90 days
after the date of the enactment of this Act, and annu-
ally thereafter, the Council shall prepare and trans-
mit to the President and the relevant committees of
Congress a report that describes—
(A) the activities of the Council;
(B) the efforts of the Council to improve for-
eign language education and training; and
†
591
HR 1585 PP
(C) impediments to the use of a National
Foreign Language program, including any stat-
utory and regulatory restrictions.
(2) RELEVANT
COMMITTEES.—For purposes of
paragraph (1), the relevant committees of Congress
include—
(A) in the House of Representatives—
(i) the Committee on Appropriations;
(ii) the Committee on Armed Services;
(iii) the Committee on Education and
Labor;
(iv) the Committee on Oversight and
Government Reform;
(v) the Committee on Small Business;
(vi) the Committee on Foreign Affairs;
and
(vii) the Permanent Select Committee
on Intelligence;
(B) in the Senate—
(i) the Committee on Appropriations;
(ii) the Committee on Armed Services;
(iii) the Committee on Health, Edu-
cation, Labor, and Pensions;
(iv) the Committee on Homeland Secu-
rity and Governmental Affairs;
†
592
HR 1585 PP
(v) the Committee on Foreign Rela-
tions;
(vi) the Committee on Small Business
and Entrepreneurship; and
(vii) the Select Committee on Intel-
ligence.
(j) ESTABLISHMENT OF A NATIONAL LANGUAGE DI-
RECTOR.—
(1) IN
GENERAL.—There is established a Na-
tional Language Director who shall be appointed by
the President. The National Language Director shall
be a nationally recognized individual with credentials
and abilities across the sectors to be involved with cre-
ating and implementing long-term solutions to
achieving national foreign language and cultural
competency.
(2) RESPONSIBILITIES.—The National Language
Director shall—
(A) develop and monitor the implementa-
tion of a national foreign language strategy,
built upon the efforts of the National Security
Language Initiative, across all sectors;
(B) establish formal relationships among
the major stakeholders in meeting the needs of
the Nation for improved capabilities in foreign
†
593
HR 1585 PP
languages and cultural understanding, including
Federal, State, and local government agencies,
academia, industry, labor, and heritage commu-
nities; and
(C) coordinate and lead a public informa-
tion campaign that raises awareness of public
and private sector careers requiring foreign lan-
guage skills and cultural understanding, with the
objective of increasing interest in and support
for the study of foreign languages among na-
tional leaders, the business community, local offi-
cials, parents, and individuals.
(k) ENCOURAGEMENT OF STATE INVOLVEMENT.—
(1) STATE
CONTACT
PERSONS.—The Council
shall consult with each State to provide for the des-
ignation by each State of an individual to serve as
a State contact person for the purpose of receiving
and disseminating information and communications
received from the Council.
(2) STATE INTERAGENCY COUNCILS AND LEAD
AGENCIES.—Each State is encouraged to establish a
State interagency council on foreign language coordi-
nation or designate a lead agency for the State for the
purpose of assuming primary responsibility for co-
†
594
HR 1585 PP
ordinating and interacting with the Council and
State and local government agencies as necessary.
(l) CONGRESSIONAL
NOTIFICATION.—The Council
shall provide to Congress such information as may be re-
quested by Congress, through reports, briefings, and other
appropriate means.
SEC. 1070. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS
OF AIRCRAFT UNDER CONTRACT WITH THE
ARMED FORCES.
(a) DEFINITION
OF
PUBLIC
AIRCRAFT.—Section
40102(a)(41)(E) of title 49, United States Code, is
amended—
(1) by inserting ‘‘or an operational support serv-
ice’’ after ‘‘transportation’’; and
(2) by adding at the end the following new sen-
tence: ‘‘The term ‘an operational support service’
means a mission performed by an aircraft operator
that uses fixed or rotary winged aircraft to provide
a service other than transportation.’’.
(b) ARMED FORCES OPERATIONAL MISSION.—Section
40125(c) of such title is amended—
(1) in paragraph (1)(C), by inserting ‘‘or an
operational support service’’ after ‘‘transportation’’;
and
†
595
HR 1585 PP
(2) by adding at the end the following new para-
graph:
‘‘(3) COMPLIANCE WITH FEDERAL AVIATION REG-
ULATIONS.—If the Secretary of Defense (or the Sec-
retary of the department in which the Coast Guard
is operating) does not make a designation under
paragraph (1)(C) with regard to a chartered aircraft,
the transportation or operational support service pro-
vided to the armed forces by such aircraft shall be in
compliance with the Federal Aviation Regulations
under title 14, Code of Federal Regulations.’’.
(c) TECHNICAL CORRECTIONS.—
(1) Section 40125(b) of such title is amended by
striking 
‘‘40102(a)(37)’’ 
and 
inserting
‘‘40102(a)(41)’’.
(2) Section 40125(c)(1) of such title is amended
by striking ‘‘40102(a)(37)(E)’’ appears and inserting
‘‘40102(a)(41)(E)’’.
SEC. 1071. TRAUMATIC SERVICEMEMBERS’ GROUP LIFE IN-
SURANCE.
(a) DESIGNATION OF FIDUCIARY FOR MEMBERS WITH
LOST MENTAL CAPACITY OR EXTENDED LOSS OF CON-
SCIOUSNESS.—The Secretary of Defense shall, in consulta-
tion with the Secretary of Veterans Affairs, develop a form
for the designation of a recipient for the funds distributed
†
596
HR 1585 PP
under section 1980A of title 38, United States Code, as the
fiduciary of a member of the Armed Forces in cases where
the member is medically incapacitated (as determined by
the Secretary of Defense in consultation with the Secretary
of Veterans Affairs) or experiencing an extended loss of con-
sciousness.
(b) ELEMENTS.—The form under subsection (a) shall
require that a member may elect that—
(1) an individual designated by the member be
the recipient as the fiduciary of the member; or
(2) a court of proper jurisdiction determine the
recipient as the fiduciary of the member for purposes
of this subsection.
(c) COMPLETION AND UPDATE.—The form under sub-
section (a) shall be completed by an individual at the time
of entry into the Armed Forces and updated periodically
thereafter.
SEC. 1072. SENSE OF CONGRESS ON FAMILY CARE PLANS
AND THE DEPLOYMENT OF MEMBERS OF THE
ARMED FORCES WHO HAVE MINOR DEPEND-
ENTS.
(a) IN GENERAL.—It is the sense of Congress that—
(1) single parents who are members of the Armed
Forces with minor dependents, and dual-military
†
597
HR 1585 PP
couples with minor dependents, should develop and
maintain effective family care plans that—
(A) address all reasonably foreseeable situa-
tions that would result in the absence of the sin-
gle parent or dual-military couple in order to
provide for the efficient transfer of responsibility
for the minor dependents to an alternative care-
giver; and
(B) are consistent with Department of De-
fense Instruction 1342.19, dated July 13, 1992,
and any applicable regulations of the military
department concerned; and
(2) the Secretary of Defense should establish pro-
cedures to ensure that if a single parent and both
spouses in a dual-military couple are required to de-
ploy to a covered area—
(A) requests by the single parent or dual-
military couple for deferments of deployment due
to unforeseen circumstances are evaluated rap-
idly; and
(B) appropriate steps are taken to ensure
adequate care for minor dependents of the single
parent or dual-military couple.
(b) DEFINITIONS.—In this section:
†
598
HR 1585 PP
(1) COVERED AREA.—The term ‘‘covered area’’
means an area for which special pay for duty subject
to hostile fire or imminent danger is authorized under
section 310 of title 37, United States Code.
(2) DUAL-MILITARY COUPLE.—The term ‘‘dual-
military couple’’ means a married couple in which
both spouses are members of the Armed Forces.
SEC. 1073. CONDUCT BY MEMBERS OF THE ARMED FORCES
AND VETERANS OUT OF UNIFORM DURING
HOISTING, LOWERING, OR PASSING OF FLAG.
Section 9 of title 4, United States Code, is amended
by striking ‘‘all persons present’’ and all that follows
through the end and inserting ‘‘those present in uniform
should render the military salute. Members of the Armed
Forces and veterans who are present but not in uniform
may render the military salute. All other persons present
should face the flag and stand at attention with their right
hand over the heart, or if applicable, remove their headdress
with their right hand and hold it at the left shoulder, the
hand being over the heart. Citizens of other countries should
stand at attention. All such conduct toward the flag in a
moving column should be rendered at the moment the flag
passes.’’.
†
599
HR 1585 PP
SEC. 1074. EXTENSION OF DATE OF APPLICATION OF NA-
TIONAL SECURITY PERSONNEL SYSTEM TO
DEFENSE LABORATORIES.
Section 9902(c)(1) of title 5, United States Code, is
amended by striking ‘‘October 1, 2008’’ each place such
term appears and inserting ‘‘October 1, 2011’’ in each such
place.
SEC. 1075. PROTECTION OF CERTAIN INDIVIDUALS.
(a) PROTECTION FOR DEPARTMENT LEADERSHIP.—
The Secretary of Defense, under regulations prescribed by
the Secretary and in accordance with guidelines approved
by the Secretary and the Attorney General, may authorize
qualified members of the Armed Forces and qualified civil-
ian employees of the Department of Defense to provide phys-
ical protection and security within the United States to the
following persons who, by nature of their positions, require
continuous security and protection:
(1) Secretary of Defense.
(2) Deputy Secretary of Defense.
(3) Chairman of the Joint Chiefs of Staff.
(4) Vice Chairman of the Joint Chiefs of Staff.
(5) Secretaries of the military departments.
(6) Chiefs of the Services.
(7) Commanders of combatant commands.
(b) PROTECTION FOR ADDITIONAL PERSONNEL.—
†
600
HR 1585 PP
(1) AUTHORITY TO PROVIDE.—The Secretary of
Defense, under regulations prescribed by the Secretary
and in accordance with guidelines approved by the
Secretary and the Attorney General, may authorize
qualified members of the Armed Forces and qualified
civilian employees of the Department of Defense to
provide physical protection and security within the
United States to individuals other than individuals
described in paragraphs (1) through (7) of subsection
(a) if the Secretary determines that such protection is
necessary because—
(A) there is an imminent and credible
threat to the safety of the individual for whom
protection is to be provided; or
(B) compelling operational considerations
make such protection essential to the conduct of
official Department of Defense business.
(2) PERSONNEL.—Individuals authorized to re-
ceive physical protection and security under this sub-
section include the following:
(A) Any official, military member, or em-
ployee of the Department of Defense, including
such a former or retired official who faces serious
and credible threats arising from duties per-
formed while employed by the Department.
†
601
HR 1585 PP
(B) Any distinguished foreign visitor to the
United States who is conducting official business
with the Department of Defense.
(C) Any member of the immediate family of
a person authorized to receive physical protec-
tion and security under this section.
(3) LIMITATION ON DELEGATION.—The authority
of the Secretary of Defense to authorize the provision
of physical protection and security under this sub-
section may be delegated only to the Deputy Secretary
of Defense.
(4) REQUIREMENT
FOR
WRITTEN
DETERMINA-
TION.—A determination of the Secretary of Defense to
provide physical protection and security under this
subsection shall be in writing, shall be based on a
threat assessment by an appropriate law enforcement,
security or intelligence organization, and shall in-
clude the name and title of the officer, employee, or
other individual affected, the reason for such deter-
mination, and the duration of the authorized protec-
tion and security for such officer, employee, or indi-
vidual.
(5) DURATION OF PROTECTION.—
(A) INITIAL PERIOD OF PROTECTION.—After
making a written determination under para-
†
602
HR 1585 PP
graph (4), the Secretary of Defense may provide
protection and security to an individual under
this subsection for an initial period of not more
than 90 calendar days.
(B) SUBSEQUENT PERIOD.—If, at the end of
the 90-day period that protection and security is
provided to an individual under subsection (A),
the Secretary determines that a condition de-
scribed in subparagraph (A) or (B) of paragraph
(1) continues to exist with respect to the indi-
vidual, the Secretary may extend the period that
such protection and security is provided for ad-
ditional 60-day periods. The Secretary shall re-
view such a determination at the end of each 60-
day period to determine whether to continue to
provide such protection and security.
(C) REQUIREMENT FOR COMPLIANCE WITH
REGULATIONS.—Protection and security pro-
vided under subparagraph (B) shall be provided
in accordance with the regulations and guide-
lines referred to in paragraph (1).
(6) SUBMISSION TO CONGRESS.—
(A) IN GENERAL.—The Secretary of Defense
shall submit to the congressional defense commit-
tees a report of each determination made under
†
603
HR 1585 PP
paragraph (4) to provide protection and security
to an individual and of each determination
under paragraph (5)(B) to extend such protec-
tion and security, together with the justification
for such determination, not later than 30 days
after the date on which the determination is
made.
(B) FORM OF REPORT.—A report submitted
under subparagraph (A) may be made in classi-
fied form.
(c) DEFINITIONS.—In this section:
(1) CONGRESSIONAL
DEFENSE
COMMITTEES.—
The term ‘‘congressional defense committees’’ means
the Committee on Appropriations and the Committee
on Armed Services of the Senate and the Committee
on Appropriations and the Committee on Armed
Services of the House of Representatives.
(2) QUALIFIED
MEMBERS
OF
THE
ARMED
FORCES AND QUALIFIED CIVILIAN EMPLOYEES OF THE
DEPARTMENT
OF
DEFENSE.—The terms ‘‘qualified
members of the Armed Forces and qualified civilian
employees of the Department of Defense’’ refer collec-
tively to members or employees who are assigned to
investigative, law enforcement, or security duties of
any of the following:
†
604
HR 1585 PP
(A) The U.S. Army Criminal Investigation
Command.
(B) The Naval Criminal Investigative Serv-
ice.
(C) The U.S. Air Force Office of Special In-
vestigations.
(D) The Defense Criminal Investigative
Service.
(E) The Pentagon Force Protection Agency.
(d) CONSTRUCTION.—
(1) NO ADDITIONAL LAW ENFORCEMENT OR AR-
REST AUTHORITY.—Other than the authority to pro-
vide security and protection under this section, noth-
ing in this section may be construed to bestow any
additional law enforcement or arrest authority upon
the qualified members of the Armed Forces and quali-
fied civilian employees of the Department of Defense.
(2) AUTHORITIES OF OTHER DEPARTMENTS.—
Nothing in this section may be construed to preclude
or limit, in any way, the express or implied powers
of the Secretary of Defense or other Department of
Defense officials, or the duties and authorities of the
Secretary of State, the Director of the United States
Secret Service, the Director of the United States Mar-
†
605
HR 1585 PP
shals Service, or any other Federal law enforcement
agency.
SEC. 1076. MODIFICATION OF AUTHORITIES ON COMMIS-
SION 
TO 
ASSESS 
THE 
THREAT 
TO 
THE
UNITED STATES FROM ELECTROMAGNETIC
PULSE ATTACK.
(a) EXTENSION OF DATE OF SUBMITTAL OF FINAL RE-
PORT.—Section 1403(a) of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106–398; 50 U.S.C. 2301 note) is
amended by striking ‘‘June 30, 2007’’ and inserting ‘‘No-
vember 30, 2008’’.
(b) COORDINATION OF WORK WITH DEPARTMENT OF
HOMELAND
SECURITY.—Section 1404 of such Act is
amended by adding at the end the following new subsection:
‘‘(c) COORDINATION WITH DEPARTMENT OF HOME-
LAND SECURITY.—The Commission and the Secretary of
Homeland Security shall jointly ensure that the work of the
Commission with respect to electromagnetic pulse attack on
electricity infrastructure, and protection against such at-
tack, is coordinated with Department of Homeland Security
efforts on such matters.’’.
(c) LIMITATION ON DEPARTMENT OF DEFENSE FUND-
ING.—The aggregate amount of funds provided by the De-
partment of Defense to the Commission to Assess the Threat