H. R. 5122
One Hundred Ninth Congress
of the
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the third day of January, two thousand and six 
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.
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘John Warner 
National Defense Authorization Act for Fiscal Year 2007’’. 
(b) FINDINGS.—Congress makes the following findings: 
(1) Senator John Warner of Virginia was elected a member 
of the United States Senate on November 7, 1978, for a full 
term beginning on January 3, 1979. He was subsequently 
appointed by the Governor of Virginia to fill a vacancy on 
January 2, 1979, and has served continuously since that date. 
He was appointed a member of the Committee on Armed Serv-
ices in January 1979, and has served continuously on the 
Committee since that date, a period of nearly 28 years. Senator 
Warner’s service on the Committee represents nearly half of 
its existence since it was established after World War II. 
(2) Senator Warner came to the Senate and the Committee 
on Armed Services after a distinguished record of service to 
the Nation, including combat service in the Armed Forces and 
high civilian office. 
(3) Senator Warner enlisted in the United States Navy 
upon graduation from high school in 1945, and served until 
the summer of 1946, when he was discharged as a Petty Officer 
3rd Class. He then attended Washington and Lee University 
on the G.I. Bill. He graduated in 1949 and entered the Univer-
sity of Virginia Law School. 
(4) Upon the outbreak of the Korean War in 1950, Senator 
Warner volunteered for active duty, interrupting his education 
to accept a commission in the United States Marine Corps. 
He served in combat in Korea as a ground officer in the First 
Marine Air Wing. Following his active service, he remained 
in the Marine Corps Reserve for several years, attaining the 
rank of captain. 
(5) Senator Warner resumed his legal education upon 
returning from the Korean War and graduated from the Univer-
sity of Virginia Law School in 1953. He was selected by the 
late Chief Judge E. Barrett Prettyman of the United States 
Court of Appeals for the District of Columbia Circuit as his 
law clerk. After his service to Judge Prettyman, Senator Warner
H. R. 5122—2
became an Assistant United States Attorney in the District 
of Columbia, and later entered private law practice. 
(6) In 1969, the Senate gave its advice and consent to 
the appointment of Senator Warner as Under Secretary of 
the Navy. He served in this position until 1972, when he 
was confirmed and appointed as the 61st Secretary of the 
Navy since the office was established in 1798. As Secretary, 
Senator Warner was the principal United States negotiator 
and signatory of the Incidents at Sea Executive Agreement 
with the Soviet Union, which was signed in 1972 and remains 
in effect today. It has served as the model for similar agree-
ments between states covering the operation of naval ships 
and aircraft in international sea lanes throughout the world. 
(7) Senator Warner left the Department of the Navy in 
1974. His next public service was as Administrator of the 
American 
Revolution 
Bicentennial 
Commission. 
In 
this 
capacity, he coordinated the celebration of the Nation’s 
founding, directing the Federal role in all 50 States and in 
over 20 foreign nations. 
(8) Senator Warner has served as chairman of the Com-
mittee on Armed Services of the United States Senate from 
1999 to 2001, and again since January 2003. He served as 
ranking minority member of the committee from 1987 to 1993, 
and again from 2001 to 2003. Senator Warner concludes his 
service as chairman at the end of the 109th Congress, but 
will remain a member of the committee. 
(9) This Act is the twenty-eighth annual authorization Act 
for the Department of Defense for which Senator Warner has 
taken a major responsibility as a member of the Committee 
on Armed Services of the United States Senate, and the four-
teenth for which he has exercised a leadership role as chairman 
or ranking minority member of the committee. 
(10) Senator Warner, as seaman, Marine officer, Under 
Secretary and Secretary of the Navy, and member, ranking 
minority member, and chairman of the Committee on Armed 
Services of the United States Senate, has made unique and 
lasting contributions to the national security of the United 
States. 
(11) It is altogether fitting and proper that this Act, the 
last annual authorization Act for the national defense managed 
by Senator Warner in and for the United States Senate as 
chairman of the Committee on Armed Services, be named in 
his honor, as provided in subsection (a). 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into three divisions as 
follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows:
Sec. 1. Short title; findings. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees.
H. R. 5122—3
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. Sense of Congress on future 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. Comptroller General report on the contract for the Future Combat Sys-
tems program. 
Sec. 116. Priority for allocation of replacement equipment to operational units 
based on combat mission deployment schedule. 
Subtitle C—Navy Programs 
Sec. 121. CVN–21 class aircraft carrier procurement. 
Sec. 122. Adherence to Navy cost estimates for CVN–21 class of aircraft carriers. 
Sec. 123. Modification of limitation on total cost of procurement of CVN–77 aircraft 
carrier. 
Sec. 124. Construction of first two vessels under the DDG–1000 Next-Generation 
Destroyer program. 
Sec. 125. Adherence to Navy cost estimates for LHA Replacement amphibious as-
sault ship program. 
Sec. 126. Cost limitation for San Antonio (LPD–17) class amphibious ship program. 
Sec. 127. Multiyear procurement authority for V–22 tiltrotor aircraft program. 
Sec. 128. Alternative technologies for future surface combatants. 
Sec. 129. Sense of Congress regarding the size of the attack submarine force. 
Sec. 130. Quality control in procurement of ship critical safety items and related 
services. 
Subtitle D—Air Force Programs 
Sec. 131. Bomber 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. Limitation on retirement of C–130E tactical airlift aircraft. 
Sec. 138. Procurement of Joint Primary Aircraft Training System aircraft after fis-
cal year 2006. 
Sec. 139. Minuteman III intercontinental ballistic missile modernization. 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Clarification of limitation on initiation of new unmanned aerial vehicle 
systems. 
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. Acquisition of, and independent cost analyses for, the Joint Strike Fighter 
propulsion system. 
Sec. 212. Expansion and extension of authority to award prizes for advanced tech-
nology achievements. 
Sec. 213. Defense Acquisition Challenge Program extension, enhancement, and 
modification to address critical cost growth threshold breaches in major 
defense acquisition programs. 
Sec. 214. Future Combat Systems milestone review. 
Sec. 215. Dedicated amounts for implementing or evaluating Navy shipbuilding 
technology proposals under Defense Acquisition Challenge Program.
H. R. 5122—4
Sec. 216. Independent estimate of costs of the Future Combat Systems. 
Sec. 217. Funding of defense science and technology programs. 
Sec. 218. Hypersonics development. 
Sec. 219. Report on program for replacement of nuclear warheads on certain Tri-
dent sea-launched ballistic missiles with conventional warheads. 
Subtitle C—Missile Defense Programs 
Sec. 221. Fielding of ballistic missile defense capabilities. 
Sec. 222. Limitation on use of funds for space-based interceptor. 
Sec. 223. Policy of the United States on priorities in the development, testing, and 
fielding of missile defense capabilities. 
Sec. 224. One-year extension of Comptroller General assessments of ballistic mis-
sile defense programs. 
Sec. 225. Submittal of plans for test and evaluation of the operational capability of 
the Ballistic Missile Defense System. 
Sec. 226. Annual reports on transition of ballistic missile defense programs to the 
military departments. 
Subtitle D—Other Matters 
Sec. 231. Policies and practices on test and evaluation to address emerging acquisi-
tion approaches. 
Sec. 232. Extension of requirement for Global Research Watch Program. 
Sec. 233. Sense of Congress on technology sharing of Joint Strike Fighter tech-
nology. 
Sec. 234. Report on vehicle-based active protection systems for certain battlefield 
threats. 
TITLE III—OPERATION AND 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. Funding of cooperative agreements under environmental restoration pro-
gram. 
Sec. 313. Response plan for remediation of unexploded ordnance, discarded military 
munitions, and munitions constituents. 
Sec. 314. Research on effects of ocean disposal of munitions. 
Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in 
connection with Moses Lake Wellfield Superfund Site, Moses Lake, 
Washington. 
Sec. 316. Transfer of Government-furnished uranium stored at Sequoyah Fuels 
Corporation, Gore, Oklahoma. 
Sec. 317. Extension of authority to grant exemptions to certain requirements. 
Sec. 318. National Academy of Sciences study on human exposure to contaminated 
drinking water at Camp Lejeune, North Carolina. 
Subtitle C—Program Requirements, Restrictions, and Limitations 
Sec. 321. Limitation on financial management improvement and audit initiatives 
within the Department of Defense. 
Sec. 322. Funds for exhibits for the national museums of the Armed Forces. 
Sec. 323. Prioritization of funds for equipment readiness and strategic capability. 
Sec. 324. Limitation on deployment of Marine Corps Total Force System to Navy. 
Subtitle D—Workplace and Depot Issues 
Sec. 331. Permanent exclusion of certain contract expenditures from percentage 
limitation on the performance of depot-level maintenance. 
Sec. 332. Minimum capital investment for certain depots. 
Sec. 333. Extension of temporary authority for contractor performance of security 
guard functions. 
Subtitle E—Reports 
Sec. 341. Report on Navy Fleet Response Plan. 
Sec. 342. Report on Navy surface ship rotational crew programs. 
Sec. 343. Report on Army live-fire ranges in Hawaii. 
Sec. 344. Comptroller General report on joint standards and protocols for access 
control systems at Department of Defense installations.