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‘‘(B) will (in accordance with such regulations)
begin work not later than two years after the recipi-
ent’s completion or termination of study for which fel-
lowship assistance was provided under the program—
‘‘(i) for not less than one year in a position
certified by the Secretary of Defense, in coordi-
nation with the Director of National Intelligence,
the Secretary of Homeland Security, and the
Secretary of State (as appropriate), as contrib-
uting to the national security of the United
States in the Department of Defense, any ele-
ment of the intelligence community, the Depart-
ment of Homeland Security, or the Department
of State;
‘‘(ii) for not less than one year in a posi-
tion in a Federal agency or office that is identi-
fied by the Secretary of Defense under subsection
(g) as having national security responsibilities if
the recipient demonstrates to the Secretary that
no position is available in the departments and
agencies covered by clause (i); or
‘‘(iii) for not less than one academic year in
a position in the field of education in a dis-
cipline related to the study supported by the pro-
gram if the recipient demonstrates to the Sec-
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retary of Defense that no position is available in
the departments, agencies, and offices covered by
clauses (i) and (ii); and’’.
(b) TEMPORARY EMPLOYMENT AND RETENTION OF
CERTAIN
PARTICIPANTS.—Such 
section 
is 
further
amended—
(1) by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively; and
(2) by inserting after subsection (g) the following
new subsection (h):
‘‘(h) TEMPORARY EMPLOYMENT AND RETENTION OF
CERTAIN PARTICIPANTS.—
‘‘(1) IN
GENERAL.—The Secretary of Defense
may—
‘‘(A) appoint or retain a person provided
scholarship or fellowship assistance under the
program in a position in the Department of De-
fense on an interim basis during the period of
the person’s pursuit of a degree under the pro-
gram and for a period not to exceed two years
after completion of the degree, but only if, in the
case of the period after completion of the
degree—
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‘‘(i) there is no appropriate permanent
position for the person under subsection
(b)(2)(A); and
‘‘(ii) there is an active and ongoing ef-
fort to identify and assign the person to an
appropriate permanent position as soon as
possible; and
‘‘(B) if there is no appropriate permanent
position available for the person after the end of
the periods described in subparagraph (A), sepa-
rate the person from employment with the De-
partment without regard to any other provision
of law, in which event the service agreement of
the person under subsection (b) shall terminate.
‘‘(2) TREATMENT OF CERTAIN SERVICE.—The pe-
riod of service of a person covered by paragraph (1)
in a position on an interim basis under that para-
graph shall, after completion of the degree, be treated
as a period of service for purposes of satisfying the
obligated service requirements of the person under the
service agreement of the person under subsection (b).’’.
(c) PLAN FOR IMPROVING PROGRAM.—Not later than
90 days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to Congress a plan for im-
proving the recruitment, placement, and retention within
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the Department of Defense of individuals who receive schol-
arships or fellowships under the David L. Boren National
Security Education Act of 1991 (50 U.S.C. 1901 et seq.)
in order to facilitate the purposes of that Act in meeting
the requirements of the Department in acquiring individ-
uals with critical foreign language skills and individuals
who are regional experts.
SEC. 1035. COLLECTION BY NATIONAL SECURITY AGENCY
OF SERVICE CHARGES FOR CERTIFICATION
OR VALIDATION OF INFORMATION ASSUR-
ANCE PRODUCTS.
The National Security Agency Act of 1959 (50 U.S.C.
402 note) is amended by adding at the end the following
new section:
‘‘SEC. 20.(a) The Director may collect charges for eval-
uating, certifying, or validating information assurance
products under the National Information Assurance Pro-
gram or successor program.
‘‘(b) The charges collected under subsection (a) shall
be established through a public rulemaking process in ac-
cordance with Office of Management and Budget Circular
No. A–25.
‘‘(c) Charges collected under subsection (a) shall not
exceed the direct costs of the program referred to in that
subsection.
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‘‘(d) The appropriation or fund bearing the cost of the
service for which charges are collected under the program
referred to in subsection (a) may be reimbursed, or the Di-
rector may require advance payment subject to such adjust-
ment on completion of the work as may be agreed upon.
‘‘(e) Amounts collected under this section shall be cred-
ited to the account or accounts from which costs associated
with such amounts have been or will be incurred, to reim-
burse or offset the direct costs of the program referred to
in subsection (a).’’.
SEC. 1036. FUNDING FOR A CERTAIN MILITARY INTEL-
LIGENCE PROGRAM.
(a) INCREASE IN AMOUNT FOR RESEARCH, DEVELOP-
MENT, TEST, AND EVALUATION, DEFENSE-WIDE.—The
amount authorized to be appropriated by section 201(4) for
research, development, test, and evaluation for Defense-wide
activities is hereby increased by $450,000,000.
(b) OFFSET.—The amount authorized to be appro-
priated by section 201(3) for research, development, test,
and evaluation for the Air Force is hereby decreased by
$450,000,000, with the amount of the reduction to be allo-
cated to amounts available for a classified program as de-
scribed on page 34 of Volume VII (Compartmented Annex)
of the Fiscal Year 2007 Military Intelligence Program jus-
tification book.
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Subtitle E—Defense Against Ter-
rorism 
and 
Related 
Security
Matters
SEC. 1041. ENHANCEMENT OF AUTHORITY TO PAY MONE-
TARY REWARDS FOR ASSISTANCE IN COM-
BATING TERRORISM.
Section 127b(c) of title 10, United States Code, is
amended—
(1) in paragraph (1)(B), by inserting ‘‘, or to a
subcommander of a combatant command designated
by the commander of the combatant command and
approved by an Under Secretary of Defense to whom
such authority is delegated under subparagraph (A),’’
after ‘‘combatant command’’; and
(2) in paragraph (2), by striking ‘‘$2,500’’ and
inserting ‘‘$10,000’’.
SEC. 1042. USE OF THE ARMED FORCES IN MAJOR PUBLIC
EMERGENCIES.
(a) USE OF THE ARMED FORCES AUTHORIZED.—
(1) IN
GENERAL.—Section 333 of title 10,
United States Code, is amended to read as follows:
‘‘§ 333. Major public emergencies; interference with
State and Federal law
‘‘(a) USE
OF ARMED FORCES
IN MAJOR PUBLIC
EMERGENCIES.—(1) The President may employ the armed
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forces, including the National Guard in Federal service,
to—
‘‘(A) restore public order and enforce the laws of
the United States when, as a result of a natural dis-
aster, epidemic, or other serious public health emer-
gency, terrorist attack or incident, or other condition
in any State or possession of the United States, the
President determines that—
‘‘(i) domestic violence has occurred to such
an extent that the constituted authorities of the
State or possession are incapable of maintaining
public order; and
‘‘(ii) such violence results in a condition de-
scribed in paragraph (2); or
‘‘(B) suppress, in a State, any insurrection, do-
mestic violence, unlawful combination, or conspiracy
if such insurrection, violation, combination, or con-
spiracy results in a condition described in paragraph
(2).
‘‘(2) A condition described in this paragraph is a con-
dition that—
‘‘(A) so hinders the execution of the laws of a
State or possession, as applicable, and of the United
States within that State or possession, that any part
or class of its people is deprived of a right, privilege,
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immunity, or protection named in the Constitution
and secured by law, and the constituted authorities of
that State or possession are unable, fail, or refuse to
protect that right, privilege, or immunity, or to give
that protection; or
‘‘(B) opposes or obstructs the execution of the
laws of the United States or impedes the course of jus-
tice under those laws.
‘‘(3) In any situation covered by paragraph (1)(B),
the State shall be considered to have denied the equal protec-
tion of the laws secured by the Constitution.
‘‘(b) NOTICE TO CONGRESS.—The President shall no-
tify Congress of the determination to exercise the authority
in subsection (a)(1)(A) as soon as practicable after the de-
termination and every 14 days thereafter during the dura-
tion of the exercise of the authority.’’.
(2) PROCLAMATION TO DISPERSE.—Section 334
of such title is amended by inserting ‘‘or those ob-
structing the enforcement of the laws’’ after ‘‘insur-
gents’’.
(3) HEADING AMENDMENT.—The heading of such
15 of such title is amended to read as follows:
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‘‘CHAPTER 15—ENFORCEMENT OF THE
LAWS TO RESTORE PUBLIC ORDER’’.
(4) CLERICAL AMENDMENTS.—(A) The table of
chapters at the beginning of subtitle A of title 10,
United States Code, and at the beginning of part I
of such subtitle, are each amended by striking the
item relating to chapter 15 and inserting the fol-
lowing new item:
‘‘15. Enforcement of the Laws To Restore Public Order .......
331’’.
(B) The table of sections at the beginning of
chapter 15 of such title is amended by striking the
item relating to sections 333 and inserting the fol-
lowing new item:
‘‘333. Major public emergencies; interference with State and Federal law.’’.
(b) PROVISION OF SUPPLIES, SERVICES, AND EQUIP-
MENT.—
(1) IN GENERAL.—Chapter 152 of such title is
amended by adding at the end the following new sec-
tion:
‘‘§ 2567. Provision of supplies, services, and equipment
in major public emergencies
‘‘(a) PROVISION AUTHORIZED.—In any situation in
which the President determines to exercise the authority in
section 333(a)(1)(A) of this title, the President may direct
the Secretary of Defense to provide supplies, services, and
equipment to persons affected by the situation.
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‘‘(b) COVERED SUPPLIES, SERVICES, AND EQUIP-
MENT.—The supplies, services, and equipment provided
under this section may include food, water, utilities, bed-
ding, transportation, tentage, search and rescue, medical
care, minor repairs, the removal of debris, and other assist-
ance necessary for the immediate preservation of life and
property.
‘‘(c) LIMITATIONS.—(1) Supplies, services, and equip-
ment may be provided under this section—
‘‘(A) only to the extent that the constituted au-
thorities of the State or possession concerned are un-
able to provide such supplies, services, and equipment,
as the case may be; and
‘‘(B) only until such authorities, or other depart-
ments or agencies of the United States charged with
the provision of such supplies, services, and equip-
ment, are able to provide such supplies, services, and
equipment.
‘‘(2) The Secretary may provide supplies, services, and
equipment under this section only to the extent that the Sec-
retary determines that doing so will not interfere with mili-
tary preparedness or ongoing military operations or func-
tions.
‘‘(d) INAPPLICABILITY OF CERTAIN AUTHORITIES.—
The provision of supplies, services, or equipment under this
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section shall not be subject to the provisions of section 403(c)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170b(c)).’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by
adding at the end the following new item:
‘‘2567. Provision of supplies, services, and equipment in major public emer-
gencies.’’.
(c) CONFORMING AMENDMENTS.—Section 12304(c) of
such title is amended—
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively.
SEC. 1043. TREATMENT UNDER FREEDOM OF INFORMATION
ACT OF CERTAIN CONFIDENTIAL INFORMA-
TION SHARED WITH STATE AND LOCAL PER-
SONNEL.
Confidential business information and other sensitive
but unclassified homeland security information in the pos-
session of the Department of Defense that is shared, pursu-
ant to section 892 of the Homeland Security Act of 2002
(6 U.S.C. 482), with State and local personnel involved in
the prevention, interdiction, or disruption of, or response
to, terrorist activity shall not be subject to disclosure under
section 552 of title 5, United States Code (commonly re-
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ferred to as the ‘‘Freedom of Information Act’’), by virtue
of the sharing of such information with such personnel.
SEC. 1044. TEMPORARY NATIONAL GUARD SUPPORT FOR
SECURING THE SOUTHERN LAND BORDER OF
THE UNITED STATES.
(a) AUTHORITY TO PROVIDE ASSISTANCE.—(1) With
the approval of the Secretary of Defense, the Governor of
a State may order any units or personnel of the National
Guard of such State to annual training duty under section
502(a) of title 32, United States Code, to carry out in any
State along the southern land border of the United States
the activities authorized in subsection (b) for the purpose
of securing such border. Such duty shall not exceed 21 days
in any year.
(2) With the approval of the Secretary of Defense, the
Governor of a State may order any units or personnel of
the National Guard of such State to perform duty under
section 502(f) of title 32, United States Code, to provide
command, control, and continuity of support for units and
personnel performing annual training duty under para-
graph (1).
(b) AUTHORIZED ACTIVITIES.—The activities author-
ized by this subsection are the following:
(1) Ground surveillance activities.
(2) Airborne surveillance activities.
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(3) Logistical support.
(4) Provision of translation services and train-
ing.
(5) Provision of administrative support services.
(6) Provision of technical training services.
(7) Provision of emergency medical assistance
and services.
(8) Provision of communications services.
(9) Rescue of aliens in peril.
(10) Construction of roadways, patrol roads,
fences, barriers, and other facilities to secure the
southern land border of the United States.
(11) Ground and air transportation.
(c) COOPERATIVE
AGREEMENTS.—Units and per-
sonnel of the National Guard of a State may perform ac-
tivities in another State under subsection (a) only pursuant
to the terms of an emergency management assistance com-
pact or other cooperative arrangement entered into between
the Governors of such States for purposes of this section,
and only with the approval of the Secretary of Defense.
(d) COORDINATION OF ASSISTANCE.—The Secretary of
Homeland Security shall, in consultation with the Sec-
retary of Defense and the Governors of the States concerned,
coordinate the performance of activities under this section
by units and personnel of the National Guard.
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(e) ANNUAL TRAINING.—Annual training duty per-
formed by members of the National Guard under this sec-
tion shall be appropriate for the units and individual mem-
bers concerned, taking into account the types of units and
military occupational specialties of individual members
performing such duty.
(f) PROHIBITION ON DIRECT PARTICIPATION IN LAW
ENFORCEMENT.—Activities carried out under this section
shall not include the direct participation of a member of
the National Guard in a search, seizure, arrest, or similar
activity.
(g) DURATION OF AUTHORITY.—The authority of this
section shall expire on January 1, 2009.
(h) DEFINITIONS.—In this section:
(1) The term ‘‘Governor of a State’’ means, in
the case of the District of Columbia, the Commanding
General of the National Guard of the District of Co-
lumbia.
(2) The term ‘‘State’’ means each of the several
States and the District of Columbia, the Common-
wealth of Puerto Rico, Guam, and the Virgin Islands.
(3) The term ‘‘State along the southern land bor-
der of the United States’’ means each of the following:
(A) The State of Arizona.
(B) The State of California.
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(C) The State of New Mexico.
(D) The State of Texas.
Subtitle F—Miscellaneous Authori-
ties on Availability and Use of
Funds
SEC. 1051. ACCEPTANCE AND RETENTION OF REIMBURSE-
MENT FROM NON-FEDERAL SOURCES TO DE-
FRAY DEPARTMENT OF DEFENSE COSTS OF
CONFERENCES.
(a) IN GENERAL.—Subchapter II of chapter 134 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 2262. Department of Defense conferences: collection
of fees to cover Department of Defense
costs
‘‘(a) IN GENERAL.—(1) The Secretary of Defense may,
whether directly or by contract, collect fees from any indi-
vidual or commercial participant in a conference, seminar,
exhibition, symposium, or similar meeting (in this section
referred to collectively as a ‘conference’) conducted by the
Department of Defense.
‘‘(2) Fees may be collected with respect to a conference
under this subsection in advance of the conference.
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‘‘(3) The total amount of fees collected under this sub-
section with respect to a conference may not exceed the costs
of the Department of Defense with respect to the conference.
‘‘(b) TREATMENT OF COLLECTIONS.—(1) Amounts col-
lected under subsection (a) with respect to a conference shall
be credited to the appropriation or account from which the
costs of the conference are paid.
‘‘(2) In the event the total amount of fees collected with
respect to a conference exceeds the costs of the Department
with respect to the conference, the amount of such excess
shall be deposited into the Treasury as miscellaneous re-
ceipts.
‘‘(3) Amounts credited to an appropriation or account
under paragraph (1) with respect to a conference shall be
available to pay the costs of the Department with respect
to the conference or to reimburse the Department for costs
incurred with respect to the conference.
‘‘(c) ANNUAL REPORTS.—(1) Each year, not later than
45 days after the President submits to Congress the budget
for a fiscal year under section 1105 of title 31, the Secretary
shall submit to the congressional defense committees budget
justification documents summarizing the use of the author-
ity under this section.
‘‘(2) Each report under this subsection shall include
the following:
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‘‘(A) A list of conferences during the last two cal-
endar years for which fees were collected under sub-
section (a).
‘‘(B) For each conference listed under subpara-
graph (A)—
‘‘(i) The estimated costs of the Department
for such conference.
‘‘(ii) The actual costs of the Department for
such conference, including a separate statement
of the amount of any conference coordinator fees
associated with such conference.
‘‘(iii) The amount for collected under sub-
section (a) for such conference.
‘‘(C) An estimate of the number of conferences to
be conducted in the calendar year of such report for
which the Department will collect fees under sub-
section (a).’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter II of chapter 134 of such title
is amended by adding at the end the following new item:
‘‘2262. Department of Defense conferences: collection of fees to cover Department
of Defense costs.’’.
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SEC. 1052. MINIMUM ANNUAL PURCHASE AMOUNTS FOR
AIRLIFT FROM CARRIERS PARTICIPATING IN
THE CIVIL RESERVE AIR FLEET.
(a) IN GENERAL.—Chapter 931 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 9515. Airlift services: minimum annual purchase
amount for carriers participating in Civil
Reserve Air Fleet
‘‘(a) IN GENERAL.—The Secretary of Defense may
award to air carriers participating in the Civil Reserve Air
Fleet on a fiscal year basis a one-year contract for airlift
services with a minimum purchase amount determined in
accordance with this section.
‘‘(b) MINIMUM PURCHASE AMOUNT.—(1) The aggre-
gate amount of the minimum purchase amount for all con-
tracts awarded under subsection (a) for a fiscal year shall
be based on forecast needs, but may not exceed the amount
equal to 80 percent of the annual average expenditure of
the Department of Defense for airlift during the five-fiscal
year period ending in the fiscal year before the fiscal year
for which such contracts are awarded.
‘‘(2) In calculating the annual average expenditure of
the Department of Defense for airlift for purposes of para-
graph (1), the Secretary of Defense may omit from the cal-
culation any fiscal year exhibiting unusually high demand
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for airlift if the Secretary determines that the omission of
such fiscal year from the calculation will result in a more
accurate forecast of anticipated airlift for purposes of that
paragraph.
‘‘(3) The aggregate amount of the minimum purchase
amount for all contracts awarded under subsection (a) for
a fiscal year, as determined under paragraph (1), shall be
allocated among all carriers awarded contracts under that
subsection for such fiscal year in proportion to the commit-
ments of such carriers to the Civil Reserve Air Fleet for
such fiscal year.
‘‘(c) ADJUSTMENT TO MINIMUM PURCHASE AMOUNT
FOR PERIODS OF UNAVAILABILITY OF AIRLIFT.—In deter-
mining the minimum purchase amount payable under a
contract under subsection (a) for airlift provided by a car-
rier during the fiscal year covered by such contract, the Sec-
retary of Defense may adjust the amount allocated to the
carrier under subsection (b)(3) to take into account periods
during such fiscal year when services of the carrier are un-
available for usage by the Department of Defense, including
during periods of refused business or suspended operations
or when the carrier is placed in nonuse status pursuant
to section 2640 of this title for safety issues.
‘‘(d) DISTRIBUTION OF AMOUNTS.—If any amount
available under this section for the minimum purchase of
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airlift from a carrier for a fiscal year under a contract
under subsection (a) is not utilized to purchase airlift from
the carrier in such fiscal year, such amount shall be pro-
vided to the carrier prior to the first day of the following
fiscal year.
‘‘(e) TRANSFER OF FUNDS.—At the beginning of each
fiscal year, the Secretary of each military department shall
transfer to the transportation working capital fund a per-
centage of the total amount anticipated to be required in
such fiscal year for payment of minimum purchase
amounts under all contracts awarded under subsection (a)
for such fiscal year equivalent to the percentage of the an-
ticipated use of airlift by such military department during
such fiscal year from all carriers under contracts awarded
under subsection (a) for such fiscal year.
‘‘(f) AVAILABILITY OF AIRLIFT.—(1) From the total
amount of airlift available for a fiscal year under all con-
tracts awarded under subsection (a) for such fiscal year,
a military department shall be entitled to obtain a percent-
age of such airlift equivalent to the percentage of the con-
tribution of the military department to the transportation
working capital fund for such fiscal year under subsection
(e).
‘‘(2) A military department may transfer any entitle-
ment to airlift under paragraph (1) to any other military
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department or to any other agency, element, or component
of the Department of Defense.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 931 of such title is amended by
adding at the end the following new item:
‘‘9515. Airlift services: minimum annual purchase amount for carriers partici-
pating in Civil Reserve Air Fleet.’’.
SEC. 1053. INCREASED FLEXIBILITY IN USE OF FUNDS FOR
JOINT STAFF EXERCISES.
(a) IN GENERAL.—Amounts available to the Chair-
man of the Joint Chiefs of Staff for joint staff exercises may
be available for any expenses as follows:
(1) Expenses of the Armed Forces in connection
with such exercises, including expense relating to self-
deploying watercraft under the jurisdiction of a mili-
tary department.
(2) Expenses relating to the costs of port support
activities in connection with such exercises, including
transportation and port handling.
(3) Expenses relating to the breakout and oper-
ation of prepositioned watercraft and lighterage for
joint logistics and over the shore exercises in connec-
tion with such exercises.
(b) SUPPLEMENT
NOT
SUPPLANT.—Any amounts
made available by the Chairman of the Joint Chiefs of Staff
under subsection (a) for expenses covered by that subsection
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are in addition to any other amounts available under law
for such expenses.
SEC. 1054. STRENGTHENING THE SPECIAL INSPECTOR GEN-
ERAL FOR IRAQ RECONSTRUCTION.
For purposes of discharging the duties of the Special
Inspector General for Iraq Reconstruction under subsection
(f) of section 3001 of the Emergency Supplemental Appro-
priations Act for Defense and for the Reconstruction of Iraq
and Afghanistan, 2004 (5 U.S.C. 8G note), and for purposes
of determining the date of termination of the Office of the
Special Inspector General under subsection (o) of such sec-
tion, any funds appropriated or otherwise made available
for fiscal year 2006 for the reconstruction of Iraq, regardless
of how such funds may be designated, shall be treated as
amounts appropriated or otherwise made available for the
Iraq Relief and Reconstruction Fund.
Subtitle G—Report Matters
SEC. 1061. REPORT ON CLARIFICATION OF PROHIBITION ON
CRUEL, INHUMAN, OR DEGRADING TREAT-
MENT OR PUNISHMENT.
(a) FINDINGS.—Congress makes the following findings:
(1) It is critical that members of the Armed
Forces have clear guidelines about the legality of in-
terrogation techniques as they seek critical intelligence
in the War on Terrorism.
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(2) To avoid confusion, any determination made
about the legality of various interrogation techniques
must be consistent across the United States Govern-
ment.
(3) Confusion continues about the permissibility
of various interrogation techniques, even after the en-
actment of the Detainee Treatment Act of 2005 (title
X of division A of Public Law 109–148).
(4) In testimony before the Senate and in writ-
ten response to queries from the Senate, senior mili-
tary commanders, Judge Advocates General of the
Armed Forces, and various civilian officials of the
Executive Branch have given incomplete or varying
answers to questions on what constitutes cruel, inhu-
man, or degrading treatment.
(5) It is critical to clarify these matters in order
to ensure that members of the Armed Forces do not
receive unclear or misleading guidance on such mat-
ters.
(b) REPORT.—Not later than 90 days after the date
of the enactment of this Act, the President shall submit to
the congressional defense committees a report setting forth
the coordinated and definitive legal opinion of the United
States Government on whether each of the following interro-
gation techniques constitutes cruel, inhuman, or degrading
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treatment or punishment (as defined in section 1002(d) of
the Detainee Treatment Act of 2006 (as defined in the De-
tainee Treatment Act of 2005 (119 Stat. 2740; 42 U.S.C.
2000dd(d)):
(1) Waterboarding, or any other technique using
water, bags, or other devices or substances to induce
a sensation of drowning or asphyxiation.
(2) Sleep deprivation, including, at a minimum,
depriving a prisoner of sleep for 24 hours or more or
permitting five or less hours of sleep per day over a
period of three or more days.
(3) Stress positions, including the use of any
technique in which a prisoner is placed or shackled
in a painful or awkward position (including pro-
longed standing or crouching, shackling arms above
the head for prolonged periods, or the use of shackles
or handcuffs in a manner which causes pain due to
the swelling of tissue over a prolonged period of time).
(4) The use of extreme temperatures as an aid to
interrogation.
(5) The use of beatings, slapping, or violent
shaking.
(6) The use of dogs as an aid to interrogation.
(7) The use of nakedness or other forms of sexual
humiliation as an aid to interrogation.
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(c) ELEMENTS.—The report under subsection (b) shall
state, for each interrogation technique listed in that sub-
section, the following
(1) Whether the technique would constitute cruel
and unusual punishment under the Constitution of
the United States if used on a United States citizen
within the United States.
(2) Whether the technique would constitute cruel
and unusual punishment under the Constitution of
the United States if used on a United States citizen
outside the United States.
(3) Whether the technique would be legal if used
to interrogate a member of the Armed Forces of the
United States by a state party to the Geneva Conven-
tions.
(4) Whether the technique would be legal if used
to interrogate a United States citizen by a state party
to the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
(d) CERTIFICATION ON NATURE OF OPINIONS.—The
report under subsection (b) shall include a certification that
the legal opinions set forth in the report are the coordinated
and definitive opinion of the United States Government
binding on all departments and agencies of the United
States Government, any personnel of such departments and
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agencies, and any contractors of such departments and
agencies.
(e) DISSEMINATION OF OPINIONS.—
(1) IN GENERAL.—The President shall ensure the
dissemination of the legal opinions set forth in the re-
port to all departments and agencies of the United
States Government, together with the instruction that
such opinions be further disseminated to all personnel
of such departments and agencies and all contractors
of such departments and agencies.
(2) CERTIFICATION ON DISSEMINATION.—The re-
port shall include a certification regarding compli-
ance with the requirement in paragraph (1).
(f) DEFINITIONS.—In this section:
(1) The term ‘‘Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment’’ means the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment
or Punishment, done at New York, December 10,
1984, and entering into force June 26, 1987 (T. Doc.
100–20).
(2) The term ‘‘Geneva Conventions’’ means—
(A) the Convention for the Amelioration of
the Condition of the Wounded and Sick in
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Armed Forces in the Field, done at Geneva Au-
gust 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of
the Condition of the Wounded, Sick, and Ship-
wrecked Members of Armed Forces at Sea, done
at Geneva August 12, 1949 (6 UST 3217);
(C) the Convention Relative to the Treat-
ment of Prisoners of War, done at Geneva Au-
gust 12, 1949 (6 UST 3316); and
(D) the Convention Relative to the Protec-
tion of Civilian Persons in Time of War, done
at Geneva August 12, 1949 (6 UST 3516).
SEC. 1062. REPORTS ON MEMBERS OF THE ARMED FORCES
AND CIVILIAN EMPLOYEES OF THE DEPART-
MENT OF DEFENSE SERVING IN THE LEGISLA-
TIVE BRANCH.
(a) MONTHLY REPORTS ON DETAILS AND FELLOW-
SHIPS OF LONG DURATION.—Not later than 120 days after
the date of the enactment of this Act, and monthly there-
after, the Secretary of Defense shall submit to the congres-
sional defense committees a report on the members of the
Armed Forces and civilian employees of the Department of
Defense who, as of the date of such report, have served con-
tinuously in the Legislative Branch for more than 12 con-
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secutive months in one or a combination of covered legisla-
tive details or fellowships.
(b) REPORTS ON CERTAIN MILITARY DETAILS AND
FELLOWSHIPS.—If a member of the Armed Forces is as-
signed to a covered legislative detail or fellowship as the
last tour of duty of such member before retirement or sepa-
ration from the Armed Forces in contravention of the regu-
lations of the Department of Defense, the Secretary shall
submit to the congressional defense committees a report on
the assignment of such member to such covered legislative
detail or fellowship. The report shall include a rationale
for the waiver of the regulations of the Department in order
to permit the detail or fellowship.
(c) REPORT ELEMENTS.—Each report under sub-
section (a) or (b) shall set forth, for each member of the
Armed Forces or civilian employee covered of the Depart-
ment of Defense covered by such report, the following:
(1) The name of such member or employee.
(2) In the case of a member, the Armed Force of
such member.
(3) The committee or member of Congress to
which such member or employee is detailed or as-
signed.
(4) A general description of the projects or tasks
undertaken or to be undertaken, as applicable, by
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such member or employee as a detailee, fellow, or
both.
(5) The anticipated termination date of the cur-
rent detail or fellowship of such member or employee.
(d) COVERED LEGISLATIVE DETAIL OR FELLOWSHIP
DEFINED.—In this section, the term ‘‘covered legislative de-
tail or fellowship’’ means the following:
(1) A detail under the provisions of Department
of Defense Directive 1000.17.
(2) A legislative fellowship (including a legisla-
tive fellowship under the provisions of Department of
Defense Directive 1322.6).
SEC. 1063. ADDITIONAL ELEMENT IN ANNUAL REPORT ON
CHEMICAL AND BIOLOGICAL WARFARE DE-
FENSE.
Section 1703(b) of the National Defense Authorization
Act for Fiscal Year 1994 (50 U.S.C. 1523(b)) is amended
by adding at the end the following new paragraph:
‘‘(10) A description of the coordination and inte-
gration of the program of the Defense Advanced Re-
search Projects Agency (DARPA) on basic and ap-
plied research and advanced technology development
on chemical and biological warfare defense tech-
nologies and systems under section 1701(c)(2) with
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the overall program of the Department of Defense on
chemical and biological warfare defense, including—
‘‘(A) the degree to which the program of the
Defense Advanced Research Projects Agency sup-
ports the objectives and requirements of the pro-
gram of the Department of Defense; and
‘‘(B) the means of determining the level of
coordination and support provided by the pro-
gram of the Defense Advanced Research Projects
Agency for the program of the Department of De-
fense.’’.
SEC. 1064. REPORT ON LOCAL BOARDS OF TRUSTEES OF
THE ARMED FORCES RETIREMENT HOME.
Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees a report setting forth the fol-
lowing:
(1) The current composition and activities of the
Local Board of Trustees of the Armed Forces Retire-
ment Home—Washington under section 1516 of the
Armed Forces Retirement Home Act of 1991 (24
U.S.C. 416).
(2) The current composition and activities of the
Local Board of Trustees of the Armed Forces Retire-
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ment Home—Gulfport under section 1516 of such
Act.
SEC. 1065. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) ANNUAL REPORT ON AVIATION CAREER INCENTIVE
PAY.—Section 301a of title 37, United States Code, is
amended by striking subsection (f).
(b) ANNUAL REPORT ON EFFECTS OF CERTAIN INITIA-
TIVES ON RECRUITMENT AND RETENTION.—
(1) REPEAL.—Section 1015 of title 37, United
States Code, is repealed.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 19 of such title is
amended by striking the item relating to section 1015.
(c) SECRETARY OF DEFENSE RECOMMENDATION ON
NEED FOR DEFENSE IMPACT REVIEW PROCESS.—Section
1041 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107–107; 115 Stat. 1217) is re-
pealed.
(d) REPORT ON PILOT PROGRAM TO ENHANCE MILI-
TARY RECRUITING BY IMPROVING MILITARY AWARENESS
OF SCHOOL COUNSELORS AND EDUCATORS.—Section 564
of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law
106–398 (114 Stat. 1654A–134); 10 U.S.C. 503 note) is
amended by striking subsection (c).
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(e) ANNUAL REPORT ON MEDICAL INFORMATICS.—
Section 723(d) of the National Defense Authorization Act
for Fiscal Year 2000 (10 U.S.C. 1071 note) is amended—
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively.
(f) REPORT ON IMPOSITION OF ADDITIONAL CHARGES
OR FEES FOR ATTENDANCE AT CERTAIN ACADEMIES.—Sec-
tion 553(b) of the National Defense Authorization Act for
Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2772;
10 U.S.C. 4331 note) is amended by striking the second sen-
tence.
SEC. 1066. REPORT ON INCENTIVES TO ENCOURAGE CER-
TAIN MEMBERS AND FORMER MEMBERS OF
THE ARMED FORCES TO SERVE IN THE BU-
REAU OF CUSTOMS AND BORDER PROTEC-
TION.
(a) REPORT REQUIRED.—Not later than 60 days after
the date of the enactment of this Act, the Secretary of Home-
land Security and the Secretary of Defense shall jointly sub-
mit to the appropriate committees of Congress a report as-
sessing the desirability and feasibility of offering incentives
to covered members and former members of the Armed
Forces for the purpose of encouraging such members to serve
in the Bureau of Customs and Border Protection.
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(b) COVERED MEMBERS AND FORMER MEMBERS OF
THE ARMED FORCES.—For purposes of this section, covered
members and former members of the Armed Forces are the
following:
(1) Members of the reserve components of the
Armed Forces.
(2) Former members of the Armed Forces within
two years of separation from service in the Armed
Forces.
(c) REQUIREMENTS AND LIMITATIONS.—
(1) NATURE OF INCENTIVES.—In considering in-
centives for purposes of the report required by sub-
section (a), the Secretaries shall consider such incen-
tives, whether monetary or otherwise and whether or
not authorized by current law or regulations, as the
Secretaries jointly consider appropriate.
(2) TARGETING
OF
INCENTIVES.—In assessing
any incentive for purposes of the report, the Secre-
taries shall give particular attention to the utility of
such incentive in—
(A) encouraging service in the Bureau of
Customs and Border Protection after service in
the Armed Forces by covered members and
former of the Armed Forces who have provided
border patrol or border security assistance to the
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Bureau as part of their duties as members of the
Armed Forces; and
(B) leveraging military training and expe-
rience by accelerating training, or allowing cred-
it to be applied to related areas of training, re-
quired for service with the Bureau of Customs
and Border Protection.
(3) PAYMENT.—In assessing incentives for pur-
poses of the report, the Secretaries shall assume that
any costs of such incentives shall be borne by the De-
partment of Homeland Security.
(d) ELEMENTS.—The report required by subsection (a)
shall include the following:
(1) A description of various monetary and non-
monetary incentives considered for purposes of the re-
port.
(2) An assessment of the desirability and feasi-
bility of utilizing any such incentive for the purpose
specified in subsection (a), including an assessment of
the particular utility of such incentive in encouraging
service in the Bureau of Customs and Border Protec-
tion after service in the Armed Forces by covered
members and former members of the Armed Forces de-
scribed in subsection (c)(2).
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(3) Any other matters that the Secretaries jointly
consider appropriate.
(e) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Committees on Armed Services, Home-
land Security and Governmental Affairs, and Appro-
priations of the Senate; and
(2) the Committees on Armed Services, Home-
land Security, and Appropriations of the House of
Representatives.
SEC. 1067. REPORT ON REPORTING REQUIREMENTS APPLI-
CABLE TO THE DEPARTMENT OF DEFENSE.
(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than March 1, 2007,
the Secretary of Defense shall submit to the congres-
sional defense committees a report on each report de-
scribed in paragraph (2) that is required by law to
be submitted to the congressional defense committees
by the Department of Defense or any department,
agency, element, or component under the Department
of Defense.
(2) COVERED REPORTS.—Paragraph (1) applies
with respect to any report required under a provision
of law enacted on or after the date of the enactment
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of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108–136) that requires recur-
ring reports to the committees referred to in that
paragraph.
(b) ELEMENTS.—The report required by subsection (a)
shall set forth the following:
(1) Each report described by that subsection, in-
cluding a statement of the provision of law under
which such report is required to be submitted to Con-
gress.
(2) For each such report, an assessment by the
Secretary of the utility of such report from the per-
spective of the Department of Defense and a rec-
ommendation on the advisability of repealing the re-
quirement for the submittal of such report.
SEC. 1068. REPORT ON TECHNOLOGIES FOR NEUTRALIZING
OR DEFEATING THREATS TO MILITARY RO-
TARY WING AIRCRAFT FROM PORTABLE AIR
DEFENSE SYSTEMS AND ROCKET PROPELLED
GRENADES.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on technologies for neu-
tralizing or defeating threats to military rotary wing air-
craft posed by portable air defense systems and rocket pro-
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pelled grenades that are being researched, developed, em-
ployed, or considered by the United States Government or
the North Atlantic Treaty Organization.
(b) CONTENT.—The report required under subsection
(a) shall include—
(1) an assessment of the expected value and util-
ity of the technologies, particularly with respect to—
(A) the saving of lives;
(B) the ability to reduce the vulnerability of
aircraft; and
(C) the enhancement of the ability of air-
craft and their crews to accomplish assigned
missions;
(2) an assessment of the potential costs of devel-
oping and deploying such technologies;
(3) a description of efforts undertaken to develop
such technologies, including—
(A) non-lethal counter measures;
(B) lasers and other systems designed to
dazzle, impede, or obscure threatening weapon or
their users;
(C) direct fire response systems;
(D) directed energy weapons; and
(E) passive and active systems; and
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(4) a description of any impediments to the de-
velopment of such technologies, such as legal restric-
tions under the law of war, treaty restrictions under
the Protocol on Blinding Lasers, and political obsta-
cles such as the reluctance of other allied countries to
pursue such technologies.
SEC. 1069. REPORTS ON DEPARTMENT OF JUSTICE EF-
FORTS TO INVESTIGATE AND PROSECUTE
CASES OF CONTRACTING ABUSE IN IRAQ, AF-
GHANISTAN, AND THROUGHOUT THE WAR ON
TERROR.
(a) FINDINGS.—Congress makes the following findings:
(1) Waste, fraud, and abuse in contracting are
harmful to United States efforts to successfully win
the conflicts in Iraq and Afghanistan and succeed in
the war on terror. The act of stealing from our sol-
diers who are daily in harm’s way is clearly criminal
and must be actively prosecuted.
(2) It is a vital interest of United States tax-
payers to be protected from theft of their tax dollars
by corrupt contractors.
(3) Whistleblower lawsuits are an important tool
for exposing waste, fraud, and abuse and can identify
serious graft and corruption.
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(4) This issue is of paramount importance to the
United States taxpayer, and the Congress must be
provided with information about alleged contractor
waste, fraud, and abuse taking place in Iraq, Afghan-
istan, and throughout the war on terror and about the
efforts of the Department of Justice to combat these
crimes.
(b) REPORTS.—
(1) IN GENERAL.—Not later than 90 days after
the date of the enactment of this Act, and every 180
days thereafter, the Attorney General shall submit to
the Committee on the Judiciary and the Committee
on Homeland Security and Governmental Affairs of
the Senate, the Committee on the Judiciary and the
Committee on Government Reform of the House of
Representatives, and the congressional defense com-
mittees a report on efforts to investigate and prosecute
cases of waste, fraud, and abuse under sections 3729
and 3730(b) of title 31, United States Code, or any
other related law that are related to Federal con-
tracting in Iraq, Afghanistan, and throughout the
war on terror.
(2) CONTENT.—Each report submitted under
paragraph (1) shall include the following:
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(A) Information on organized efforts of the
Department of Justice that have been created to
ensure that the Department of Justice is inves-
tigating, in a timely and appropriate manner,
claims of contractor waste, fraud, and abuse re-
lated to the activities of the United States Gov-
ernment in Iraq, Afghanistan, and throughout
the war on terror.
(B) Information on the specific number of
personnel, financial resources, and workdays de-
voted to addressing this waste, fraud, and abuse,
including a complete listing of all of the offices
across the United States and throughout the
world that are working on these cases and an ex-
planation of the types of additional resources,
both in terms of personnel and finances, that the
Department of Justice needs to ensure that all of
these cases proceed on a timely basis.
(C) A detailed description of any internal
Department of Justice task force that exists to
work specifically on cases of contractor fraud
and abuse in Iraq, Afghanistan, and throughout
the war on terror, including a description of its
action plan, the frequency of its meetings, the
level and quantity of staff dedicated to it, its
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measures for success, the nature and substance of
the allegations, and the amount of funds in con-
troversy for each case. If there is a showing of ex-
traordinary circumstances that disclosure of par-
ticular information would pose an imminent
threat of harm to a relator and be detrimental
to the public interest, then this information
should be redacted in accordance with standard
practices.
(D) A detailed description of any inter-
agency task force that exists to work specifically
on cases of contractor waste, fraud, and abuse in
Iraq, Afghanistan, and throughout the war on
terror, including its action plan, the frequency of
its meetings, the level and quantity of staff dedi-
cated to it, its measures for success, the type, na-
ture, and substance of the allegations, and the
amount of funds in controversy for each case. If
there is a showing of extraordinary cir-
cumstances that disclosure of particular informa-
tion would pose an imminent threat of harm to
a relator and be detrimental to the public inter-
est, then this information should be redacted in
accordance with standard practices.
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(E) The names of the senior officials di-
rectly responsible for oversight of the efforts to
address these cases of contractor waste, fraud,
and abuse in Iraq, Afghanistan, and throughout
the war on terror.
(F) Specific information on the number of
investigators and other personnel that have been
provided to the Department of Justice by other
Federal departments and agencies in support of
the efforts of the Department of Justice to combat
contractor waste, fraud, and abuse in Iraq, Af-
ghanistan, and throughout the war on terror, in-
cluding data on the quantity of time that these
investigators have spent working within the De-
partment of Justice structures dedicated to this
effort.
(G) Specific information on the full number
of investigations, including grand jury investiga-
tions currently underway, that are addressing
these cases of contractor waste, fraud, and abuse
in Iraq, Afghanistan, and throughout the war on
terror.
(H) Specific information on the number
and status of the criminal cases that have been
launched to address contractor waste, fraud, and
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abuse in Iraq, Afghanistan, and throughout the
war on terror.
(I) Specific information on the number of
civil cases that have been filed to address con-
tractor waste, fraud, and abuse in Iraq, Afghani-
stan, and throughout the war on terror, includ-
ing specific information on the quantity of cases
initiated by private parties, as well as the quan-
tity of cases that have been referred to the De-
partment of Justice by the Department of De-
fense, the Department of State, and other rel-
evant Federal departments and agencies.
(J) Specific information on the resolved
civil and criminal cases that have been filed to
address contractor waste, fraud, and abuse in
Iraq, Afghanistan, and throughout the war on
terror, including the specific results of these
cases, the types of waste, fraud, and abuse that
took place, the amount of funds that were re-
turned to the United States Government as a re-
sult of resolution of these cases, and a full de-
scription of the type and substance of the waste,
fraud, and abuse that took place. If there is a
showing of extraordinary circumstances that dis-
closure of particular information would pose an
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imminent threat of harm to a relator and be det-
rimental to the public interest, then this infor-
mation should be redacted in accordance with
standard practices.
(K) The best estimate by the Department of
Justice of the scale of the problem of contractor
waste, fraud, and abuse in Iraq, Afghanistan,
and throughout the war on terror.
SEC. 1070. REPORT ON BIODEFENSE STAFFING AND TRAIN-
ING REQUIREMENTS IN SUPPORT OF NA-
TIONAL BIOSAFETY LABORATORIES.
(a) STUDY REQUIRED.—The Secretary of Defense
shall, in consultation with the Secretary of Homeland Secu-
rity and the Secretary of Health and Human Services, con-
duct a study to determine the staffing and training require-
ments for pending capital programs to construct biodefense
laboratories (including agriculture and animal labora-
tories) at Biosafety Level (BSL) 3 and Biosafety Level 4
or to expand current biodefense laboratories to such bio-
safety levels.
(b) ELEMENTS.—In conducting the study, the Sec-
retary of Defense shall address the following:
(1) The number of trained personnel, by dis-
cipline and qualification level, required for existing
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biodefense laboratories at Biosafety Level 3 and Bio-
safety Level 4.
(2) The number of research and support staff, in-
cluding researchers, laboratory technicians, animal
handlers, facility managers, facility or equipment
maintainers, biosecurity personnel (including bio-
safety, physical, and electronic security personnel),
and other safety personnel required to manage bio-
defense research efforts to combat bioterrorism at the
biodefense laboratories described in subsection (a).
(3) The training required to provide the per-
sonnel described by paragraphs (1) and (2), including
the type of training (whether classroom, laboratory,
or field training) required, the length of training re-
quired by discipline, and the curriculum required to
be developed for such training.
(4) Training schedules necessary to meet the
scheduled openings of the biodefense laboratories de-
scribed in subsection (a), including schedules for re-
fresher training and continuing education that may
be necessary for that purpose.
(c) REPORT.—Not later than December 31, 2006, the
Secretary of Defense shall submit to Congress a report set-
ting forth the results of the study conducted under this sec-
tion.
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SEC. 1070A. ANNUAL REPORT ON ACQUISITIONS OF ARTI-
CLES, MATERIALS, AND SUPPLIES MANUFAC-
TURED OUTSIDE THE UNITED STATES.
(a) IN GENERAL.—Not later than March 31 of each
year, the Department of Defense shall submit a report to
Congress on the amount of the acquisitions made by the
agency in the preceding fiscal year of articles, materials,
or supplies purchased from entities that manufacture the
articles, materials, or supplies outside of the United States.
(b) CONTENT.—Each report required by subsection (a)
shall separately indicate—
(1) the dollar value of any articles, materials, or
supplies purchased that were manufactured outside of
the United States;
(2) an itemized list of all waivers granted with
respect to such articles, materials, or supplies under
the Buy American Act (41 U.S.C. 10a et seq.); and
(3) a summary of—
(A) the total procurement funds expended
on articles, materials, and supplies manufac-
tured inside the United States; and
(B) the total procurement funds expended
on articles, materials, and supplies manufac-
tured outside the United States.
(c) PUBLIC AVAILABILITY.—The Department of De-
fense submitting a report under subsection (a) shall make