112 
(b) CLERICAL AMENDMENTS.—(1) The heading of 
such section is amended to read as follows: 
‘‘§ 2410o. Multiyear procurement authority: purchase 
of dinitrogen tetroxide, hydrazine, hydra-
zine-related 
products, 
and 
electricity 
from renewable energy’’. 
(2) The table of sections at the beginning of 
chapter 141 of such title is amended by striking the 
item relating to section 2410o and inserting the fol-
lowing new item: 
‘‘2410o. Multiyear procurement authority: purchase of dinitrogen tetroxide, hy-
drazine, hydrazine-related products, and electricity from renew-
able energy.’’. 
SEC. 814. EXEMPTION FOR SPECIAL OPERATIONS COM-
MAND. 
(a) EXEMPTION.—Chapter 6 of title 10, United 
States Code, is amended by inserting after section 167a 
the following new section: 
‘‘§ 167b. Exemption for the commander of the United 
States Special Operations Command 
‘‘Pursuant to section 167 of this title, the commander 
of the special operations command is responsible for, and 
has the authority to conduct all affairs of, such command 
relating to special operations activities. The commander 
of the special operations command may carry out his func-
tions under section 167 without regard to sections 2401, 
et seq., of this title if the Secretary of Defense makes a 
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113 
determination that carrying out such functions in such 
manner is required for national security interests.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘167b. Exemption for the commander of the United States Special Operations 
Command.’’. 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense 
Management 
SEC. 901. DEPARTMENT OF DEFENSE BOARD OF ACTU-
ARIES. 
(a)(1) ESTABLISHMENT.—There is established in the 
Department of Defense a Department of Defense Board 
of Actuaries (hereinafter in this section referred to as the 
‘‘Board’’). The Board shall consist of three members who 
shall be appointed by the President from among qualified 
professional actuaries who are members of the Society of 
Actuaries. 
(2)(A) Except as provided in subparagraph (B), the 
members of the Board shall serve for a term of 15 years, 
except that a member of the Board appointed to fill a va-
cancy occurring before the end of the term for which his 
predecessor was appointed shall only serve until the end 
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114 
of such term. A member may serve after the end of his 
term until his successor has taken office. A member of 
the Board may be removed by the President. 
(B) The three current members of the Department 
of Defense Retirement Board of Actuaries and the De-
partment of Defense Education Benefits Board of Actu-
aries shall serve the remainder of their existing terms as 
members of the Board pursuant to subparagraph (A). 
(C) A member of the Board who is not otherwise an 
employee of the United States is entitled to receive pay 
at the daily equivalent of the annual rate of basic pay of 
the highest rate of basic pay then currently being paid 
under the General Schedule of subchapter III of chapter 
53 of title 5, United States Code, for each day the member 
is engaged in the performance of duties vested in the 
Board and is entitled to travel expenses, including a per 
diem allowance, in accordance with section 5703 of title 
5. 
(b) REPORT.—The Board shall report to the Sec-
retary of Defense annually on the actuarial status of the 
Department of Defense Military Retirement Fund estab-
lished by section 1461 of title 10, United States Code, and 
the Department of Defense Education Benefits Fund es-
tablished by section 2006 of title 10, and shall furnish 
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115 
its advice and opinion on matters referred to it by the Sec-
retary. 
(c) RECORDS.—The Secretary shall keep, or cause to 
be kept, such records as necessary for determining the ac-
tuarial status of the Funds. 
(d) DOD EDUCATION BENEFITS FUND.—The Board 
shall review valuations of the Department of Defense Edu-
cation Benefits Fund under section 2006(f) of title 10, 
United States Code, and shall recommend to the President 
and thereafter to the Congress such changes as in the 
Board’s judgment are appropriate and necessary to pro-
tect the public interest and maintain the Department of 
Defense Education Benefits Fund on a sound actuarial 
basis. 
(e) DOD MILITARY
RETIREMENT
FUND.—The 
Board shall review valuations of the Department of De-
fense Military Retirement Fund under section 1465(c) of 
title 10, United States Code, and shall report periodically, 
not less than once every four years, to the President and 
thereafter to the Congress on the status of the Depart-
ment of Defense Military Retirement Fund. The Board 
shall include in such report recommendations for such 
changes as in the Board’s judgment are appropriate and 
necessary to protect the public interest and maintain the 
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116 
Department of Defense Military Retirement Fund on a 
sound actuarial basis. 
(f) REPEAL OF SUPERCEDED PROVISIONS.—(1) Sec-
tion 1464 of title 10, United States Code, is repealed. 
(2) Section 2006 of title 10 is amended by striking 
subsection (e). 
(g) CONFORMING AMENDMENTS.— 
(1) The table of sections at the beginning of 
chapter 74 of title 10, United States Code, is 
amended by striking the item relating to section 
1464. 
(2) Section 1175(h)(4) of such title is amended 
by striking ‘‘Retirement’’ the first place it appears. 
(3) Section 1460(b) of such title is amended by 
striking ‘‘Retirement’’. 
(4) Section 1466(c)(3) of such title is amended 
by striking ‘‘Retirement’’. 
(5) Section 12521(6) of such title is amended 
by striking ‘‘Department of Defense Education Ben-
efits Board of Actuaries referred to in section 
2006(e)(1) of this title’’ and inserting ‘‘Department 
of Defense Board of Actuaries’’. 
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117 
SEC. 902. LIMITATION ON MAJOR DEPARTMENT OF DE-
FENSE 
HEADQUARTERS 
ACTIVITIES 
PER-
SONNEL. 
Section 130a of title 10, United States Code, is 
amended— 
(1) in subsection (c)(2), by striking ‘‘as Major 
DoD Headquarters Activities in accordance with De-
partment of Defense Directive 5100.73’’ and all that 
follows through the period at the end and inserting 
‘‘in regulations prescribed by the Secretary of De-
fense.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) FLEXIBILITY IN ORDER TO ACHIEVE COST SAV-
INGS OR ELIMINATE CONTRACTS ASSOCIATED WITH IN-
HERENTLY GOVERNMENTAL FUNCTIONS.—If the Sec-
retary of a military department or the commander of a 
combatant command certifies to the Secretary of Defense 
that a waiver of the limitation in subsection (a) or a re-
allocation among the military departments or combatant 
commands of the number of personnel permissible under 
subsection (a) either shall result in a cost savings or is 
necessary to eliminate a contract associated with an inher-
ently governmental function (including cost savings or the 
elimination of a contract resulting from guidelines and 
procedures prescribed pursuant to section 343 of the Na-
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118 
tional Defense Authorization Act for Fiscal Year 2006 
(Public Law 109–163)), the Secretary of Defense shall 
waive such limitation or make such reallocation to the ex-
tent necessary to achieve the cost savings or to eliminate 
the contract.’’. 
SEC. 903. FLEXIBILITY TO ADJUST THE NUMBER OF ARMY 
DEPUTY CHIEFS OF STAFF AND ASSISTANT 
CHIEFS OF STAFF. 
Section 3035(b) of title 10, United States Code, is 
amended to read as follows: 
‘‘(b) The Secretary of the Army shall prescribe the 
number of Deputy Chiefs of Staff and Assistant Chiefs 
of Staff, for a total of not more than eight positions.’’. 
Subtitle B—Chemical 
Demilitarization Program 
SEC. 911. CHANGE IN TERMINATION REQUIREMENT FOR 
CHEMICAL DEMILITARIZATION CITIZENS’ AD-
VISORY COMMISSIONS. 
Section 172 of the National Defense Authorization 
Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 
2341) is amended— 
(1) in subsections (b), (f), and (g), by striking 
‘‘Assistant Secretary of the Army (Research, Devel-
opment, and Acquisition)’’ and inserting ‘‘Assistant 
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119 
Secretary of the Army (Acquisition, Logistics, and 
Technology)’’; and 
(2) in subsection (h), by striking ‘‘after the 
stockpile located in that commission’s State has been 
destroyed’’ and inserting ‘‘after closure activities re-
quired pursuant to regulations promulgated by the 
Administrator of the Environmental Protection 
Agency pursuant to the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.) have been completed for 
the chemical agent destruction facility in the com-
mission’s State, or upon the request of the Governor 
of the commission’s State, whichever occurs first’’. 
Subtitle C—Intelligence-Related 
Matters 
SEC. 921. REPEAL OF STANDARDS OF MANDATORY DIS-
QUALIFICATION FROM ELIGIBILITY FOR DE-
PARTMENT OF DEFENSE SECURITY CLEAR-
ANCE. 
Section 986 of title 10, United States Code, is re-
pealed. 
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120 
SEC. 922. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 
STATES CODE, ARISING FROM ENACTMENT 
OF THE INTELLIGENCE REFORM AND TER-
RORISM PREVENTION ACT OF 2004. 
(a) REFERENCES TO HEAD OF INTELLIGENCE COM-
MUNITY.—Title 10, United States Code, is amended by 
striking ‘‘Director of Central Intelligence’’ each place it 
appears in the following provisions and inserting ‘‘Director 
of National Intelligence’’: 
(1) Section 192(c)(2). 
(2) Section 193(d)(2). 
(3) Section 193(e). 
(4) Section 201(a). 
(5) Section 201(b)(1). 
(6) Section 201(c)(1). 
(7) Section 425(a). 
(8) Section 426(a)(3). 
(9) Section 426(b)(2). 
(10) Section 441(c). 
(11) Section 441(d). 
(12) Section 443(d). 
(13) Section 2273(b)(1). 
(14) Section 2723(a). 
(b) REFERENCES TO HEAD OF CENTRAL INTEL-
LIGENCE AGENCY.—Such title is further amended by 
striking ‘‘Director of Central Intelligence’’ each place it 
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121 
appears in the following provisions and inserting ‘‘Director 
of the Central Intelligence Agency’’: 
(1) Section 431(b)(1). 
(2) Section 444. 
(c) OTHER AMENDMENTS.—Section 201 of such title 
is further amended— 
(1) in subsection (b), by amending paragraph 
(1) to read as follows: 
‘‘(1) In the event of a vacancy in a position re-
ferred to in paragraph (2), before appointing an in-
dividual to fill the vacancy or recommending to the 
President an individual to be nominated to fill the 
vacancy, the Secretary of Defense shall obtain the 
concurrence of the Director of National Intelligence 
as provided in section 106(b) of the National Secu-
rity Act of 1947 (50 U.S.C. 403–6(b)).’’; and 
(2) in subsection (c), by striking ‘‘National For-
eign Intelligence Program’’ and inserting ‘‘National 
Intelligence Program’’. 
SEC. 923. PROTECTION OF INFORMATION REGARDING 
WEAPONS OF MASS DESTRUCTION. 
(a) PROHIBITION FROM DISCLOSURE UNDER FREE-
DOM OF INFORMATION ACT.—Information in the posses-
sion of the Department of Defense concerning weapons of 
mass destruction, as defined in subsection (d) of this sec-
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122 
tion, shall not be disclosed under section 552 of title 5, 
United States Code (commonly referred to as the Freedom 
of Information Act (FOIA)) for the period of time the sen-
sitivity of the information can be reasonably confirmed. 
Any information controlled under the Atomic Energy Act 
of 1954, as amended, is exempt from the provisions of this 
Act. This exemption shall be implemented in a manner 
so as to not unduly restrict the public’s current level of 
access to environmental impact statements, records con-
cerning healthcare activities, or other information essen-
tial to inform official decision-making concerning the 
health and safety of the public. 
(b) REQUIREMENT FOR SAFEGUARDING.—The De-
partment of Defense shall safeguard information con-
cerning weapons of mass destruction commensurate with 
the sensitivity of the information concerned and shall take 
all reasonable actions to ensure parties outside the Federal 
government with whom the Department shares such infor-
mation safeguard it in the same manner. 
(c) APPLICATION OF STATE OR LOCAL DISCLOSURE 
LAWS.—Information subject to this section that the De-
partment has provided to state and local authorities shall 
not be made available pursuant to any state or local law 
requiring disclosure of information or records. 
(d) DEFINITIONS.—In this section: 
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(1) The term ‘‘weapon of mass destruction’’ has 
the same meaning as given in the Defense Against 
Weapons of Mass Destruction Act of 1996 (50 
U.S.C. 2302). 
(2) The term ‘‘information concerning weapons 
of mass destruction’’ means information that— 
(A) would assist in developing, producing, 
or using weapons of mass destruction or in 
evading the detection or the monitoring of the 
development, production, use, or presence of 
weapons of mass destruction; or 
(B) would disclose a vulnerability to the ef-
fects of a weapon of mass destruction; and 
(C) has been determined to be currently 
sensitive by an official designated as an Initial 
Denial Authority for the Department of De-
fense component concerned pursuant to Depart-
ment of Defense Directive 5400.7–R, ‘‘DoD 
Freedom of Information Act Program’’, Sep-
tember 1998, or successor directive. 
Examples of such information could include informa-
tion that remains current and sensitive, such as but 
not limited to, formulas and design descriptions of 
lethal and incapacitating materials; maps, designs, 
security/emergency response plans, and vulnerability 
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assessments for facilities containing weapons of 
mass destruction materials; studies of the effects 
and possible methods of weaponization of weapons of 
mass destruction materials; design details, capabili-
ties, and application of detection, surveillance, coun-
termeasures, and measurement equipment or plans; 
United States Government evaluations of response 
plans of state and local governments; and evaluation 
of weapons of mass destruction dispersal systems or 
methods. 
(e) REPORTING.—Ninety days following the one-year 
anniversary of the effective date of this section, the De-
partment of Defense will provide to the Department of 
Justice and the Office of Management and Budget a re-
port detailing the number of FOIA requests received for 
information covered under this section, a description of 
the information requested, and specific actions taken as 
a result of the request. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. SHORT-TERM INVESTMENT OF BURDEN SHAR-
ING CONTRIBUTIONS FROM REPUBLIC OF 
KOREA. 
Section 2350j(b) of title 10, United States Code, is 
amended— 
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