H. R. 4986—330 
each 60-day period to determine whether to continue to 
provide such protection and security. 
(C) REQUIREMENT
FOR
COMPLIANCE
WITH
REGULA-
TIONS.—Protection and personal security provided under 
subparagraph (B) shall be provided in accordance with 
the regulations and guidelines referred to in paragraph 
(1). 
(6) SUBMISSION TO CONGRESS.— 
(A) IN
GENERAL.—The Secretary of Defense shall 
submit to the congressional defense committees each deter-
mination made under paragraph (4) to provide protection 
and security to an individual and of each determination 
under paragraph (5)(B) to extend such protection and secu-
rity, together with the justification for such determination, 
not later than 15 days after the date on which the deter-
mination is made. 
(B) FORM
OF
REPORT.—A report submitted under 
subparagraph (A) may be made in classified form. 
(C) REGULATIONS AND GUIDELINES.—The Secretary of 
Defense shall submit to the congressional defense commit-
tees the regulations and guidelines prescribed pursuant 
to paragraph (1) not less than 20 days before the date 
on which such regulations take effect. 
(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 Com-
mittee on Armed Services of the House of Representatives. 
(2) QUALIFIED MEMBERS OF THE ARMED FORCES AND QUALI-
FIED CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.— 
The terms ‘‘qualified members of the Armed Forces’’ and ‘‘quali-
fied civilian employees of the Department of Defense’’ refer 
collectively to members or employees who are assigned to inves-
tigative, law enforcement, or security duties of any of the fol-
lowing: 
(A) The Army Criminal Investigation Command. 
(B) The Naval Criminal Investigative Service. 
(C) The Air Force Office of Special Investigations. 
(D) The Defense Criminal Investigative Service. 
(E) The Pentagon Force Protection Agency. 
(d) CONSTRUCTION.— 
(1) 
NO
ADDITIONAL
LAW
ENFORCEMENT
OR
ARREST 
AUTHORITY.—Other than the authority to provide protection 
and security under this section, nothing in this section may 
be construed to bestow any additional law enforcement or arrest 
authority upon the qualified members of the Armed Forces 
and qualified civilian employees of the Department of Defense. 
(2) POSSE COMITATUS.—Nothing in this section shall be 
construed to abridge section 1385 of title 18, United States 
Code. 
(3) 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
H. R. 4986—331 
States Secret Service, the Director of the United States Mar-
shals Service, or any other Federal law enforcement agency. 
SEC. 1075. MODIFICATION OF AUTHORITIES ON COMMISSION TO 
ASSESS THE THREAT TO THE UNITED STATES FROM 
ELECTROMAGNETIC PULSE ATTACK. 
(a) EXTENSION OF DATE OF SUBMITTAL OF FINAL REPORT.— 
Section 1403(a) of the Floyd D. Spence National Defense Authoriza-
tion 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 ‘‘November 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 HOMELAND SECU-
RITY.—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 attack, is coordinated with Department 
of Homeland Security efforts on such matters.’’. 
(c) LIMITATION ON DEPARTMENT OF DEFENSE FUNDING.—The 
aggregate amount of funds provided by the Department of Defense 
to the Commission to Assess the Threat to the United States 
from Electromagnetic Pulse Attack for purposes of the preparation 
and submittal of the final report required by section 1403(a) of 
the Floyd D. Spence National Defense Authorization Act for Fiscal 
Year 2001 (as amended by subsection (a)), whether by transfer 
or otherwise and including funds provided the Commission before 
the date of the enactment of this Act, shall not exceed $5,600,000. 
SEC. 1076. SENSE OF CONGRESS ON SMALL BUSINESS INNOVATION 
RESEARCH PROGRAM. 
It is the sense of Congress that— 
(1) the Department of Defense’s Small Business Innovation 
Research program has been effective in supporting the perform-
ance of the missions of the Department of Defense, by stimu-
lating technological innovation through investments in small 
business research activities; 
(2) the Department of Defense’s Small Business Innovation 
Research program has transitioned a number of technologies 
and systems into operational use by warfighters; and 
(3) the Department of Defense’s Small Business Innovation 
Research program should be reauthorized so as to ensure that 
the program’s activities can continue seamlessly, efficiently, 
and effectively. 
SEC. 1077. REVISION OF PROFICIENCY FLYING DEFINITION. 
Subsection (c) of section 2245 of title 10, United States Code, 
is amended to read as follows: 
‘‘(c) In this section, the term ‘proficiency flying’ means flying 
performed under competent orders by a rated or designated member 
of the armed forces while serving in a non-aviation assignment 
or in an assignment in which skills would normally not be main-
tained in the performance of assigned duties.’’.
H. R. 4986—332 
SEC. 1078. QUALIFICATIONS FOR PUBLIC AIRCRAFT STATUS OF AIR-
CRAFT 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 other commercial air service’’ after 
‘‘transportation’’; and 
(2) by adding at the end the following: ‘‘In the preceding 
sentence, the term ‘other commercial air service’ means an 
aircraft operation that (i) is within the United States territorial 
airspace; (ii) the Administrator of the Federal Aviation Adminis-
tration determines is available for compensation or hire to 
the public, and (iii) must comply with all applicable civil aircraft 
rules under title 14, Code of Federal Regulations.’’. 
(b) AIRCRAFT
OPERATED
BY
THE
ARMED
FORCES.—Section 
40125(c)(1)(C) of such title is amended by inserting ‘‘or other 
commercial air service’’ after ‘‘transportation’’. 
(c) CONFORMING AMENDMENTS.— 
(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)’’ and inserting ‘‘40102(a)(41)(E)’’. 
SEC. 1079. COMMUNICATIONS WITH THE COMMITTEES ON ARMED 
SERVICES OF THE SENATE AND THE HOUSE OF REP-
RESENTATIVES. 
(a) REQUESTS OF COMMITTEES.—The Director of the National 
Counterterrorism Center, the Director of a national intelligence 
center, or the head of any element of the intelligence community 
shall, not later than 45 days after receiving a written request 
from the Chair or ranking minority member of the Committee 
on Armed Services of the Senate or the Committee on Armed 
Services of the House of Representatives for any existing intel-
ligence assessment, report, estimate, or legal opinion relating to 
matters within the jurisdiction of such Committee, make available 
to such committee such assessment, report, estimate, or legal 
opinion, as the case may be. 
(b) ASSERTION OF PRIVILEGE.— 
(1) IN GENERAL.—In response to a request covered by sub-
section (a), the Director of the National Counterterrorism 
Center, the Director of a national intelligence center, or the 
head of any element of the intelligence community shall provide 
to the Committee making such request the document or 
information covered by such request unless the President deter-
mines that such document or information shall not be provided 
because the President is asserting a privilege pursuant to the 
Constitution of the United States. 
(2) SUBMISSION TO CONGRESS.—The White House Counsel 
shall submit to Congress in writing any assertion by the Presi-
dent under paragraph (1) of a privilege pursuant to the Con-
stitution. 
(c) DEFINITIONS.—In this section: 
(1) INTELLIGENCE
COMMUNITY.—The term ‘‘intelligence 
community’’ has the meaning given the term in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 401a(4)). 
(2) INTELLIGENCE
ASSESSMENT.—The term ‘‘intelligence 
assessment’’ means an intelligence-related analytical study of
H. R. 4986—333 
a subject of policy significance and does not include building- 
block papers, research projects, and reference aids. 
(3) INTELLIGENCE ESTIMATE.—The term ‘‘intelligence esti-
mate’’ means an appraisal of available intelligence relating 
to a specific situation or condition with a view to determining 
the courses of action open to an enemy or potential enemy 
and the probable order of adoption of such courses of action. 
SEC. 1080. RETENTION OF REIMBURSEMENT FOR PROVISION OF 
RECIPROCAL FIRE PROTECTION SERVICES. 
Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat. 
67; 42 U.S.C. 1856d) is amended— 
(1) by striking ‘‘Funds’’ and inserting ‘‘(a) Funds’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) Notwithstanding the provisions of subsection (a), all sums 
received for any Department of Defense activity for fire protection 
rendered pursuant to this Act shall be credited to the appropriation 
fund or account from which the expenses were paid. Amounts 
so credited shall be merged with funds in such appropriation fund 
or account and shall be available for the same purposes and subject 
to the same limitations as the funds with which the funds are 
merged.’’. 
SEC. 1081. PILOT PROGRAM ON COMMERCIAL FEE-FOR-SERVICE AIR 
REFUELING SUPPORT FOR THE AIR FORCE. 
(a) PILOT PROGRAM REQUIRED.—The Secretary of the Air Force 
shall conduct, as soon as practicable after the date of the enactment 
of this Act, a pilot program to assess the feasibility and advisability 
of utilizing commercial fee-for-service air refueling tanker aircraft 
for Air Force operations. The duration of the pilot program shall 
be at least five years after commencement of the program. 
(b) PURPOSE.— 
(1) IN GENERAL.—The pilot program required by subsection 
(a) shall evaluate the feasibility of fee-for-service air refueling 
to support, augment, or enhance the air refueling mission of 
the Air Force by utilizing commercial air refueling providers 
on a fee-for-service basis. 
(2) ELEMENTS.—In order to achieve the purpose of the 
pilot program, the Secretary of the Air Force shall— 
(A) demonstrate and validate a comprehensive strategy 
for air refueling on a fee-for-service basis by evaluating 
all mission areas, including testing support, training sup-
port to receiving aircraft, homeland defense support, 
deployment support, air bridge support, aeromedical evacu-
ation, and emergency air refueling; and 
(B) integrate fee-for-service air refueling described in 
paragraph (1) into Air Mobility Command operations 
during the evaluation and execution phases of the pilot 
program. 
(c) ANNUAL REPORT.—The Secretary of the Air Force shall 
provide to the congressional defense committees an annual report 
on the fee-for-service air refueling program, which includes— 
(1) information with respect to— 
(A) missions flown; 
(B) mission areas supported; 
(C) aircraft number, type, model series supported; 
(D) fuel dispensed; 
(E) departure reliability rates; and