H. R. 1585—259 
emphasis on commercial off-the-shelf information technologies) that 
could support the warfighting mission of the Department of Defense. 
(b) RESPONSIBILITIES.—The clearinghouse established pursuant 
to subsection (a) shall be responsible for the following: 
(1) Developing a process to rapidly assess and set priorities 
and needs for significant information technology needs of the 
Department of Defense that could be met by commercial tech-
nologies, including a process for— 
(A) aligning priorities and needs with the requirements 
of the commanders of the combatant command; and 
(B) proposing recommendations to the commanders of 
the combatant command of feasible technical solutions for 
further evaluation. 
(2) Identifying and assessing emerging commercial tech-
nologies (including commercial off-the-shelf technologies) that 
could support the warfighting mission of the Department of 
Defense, including the priorities and needs identified pursuant 
to paragraph (1). 
(3) Disseminating information about commercial tech-
nologies identified pursuant to paragraph (2) to commanders 
of combatant commands and other potential users of such tech-
nologies. 
(4) Identifying gaps in commercial technologies and 
working to stimulate investment in research and development 
in the public and private sectors to address those gaps. 
(5) Enhancing internal data and communications systems 
of the Department of Defense for sharing and retaining informa-
tion regarding commercial technology priorities and needs, tech-
nologies available to meet such priorities and needs, and 
ongoing research and development directed toward gaps in 
such technologies. 
(6) Developing mechanisms, including web-based mecha-
nisms, to facilitate communications with industry regarding 
the priorities and needs of the Department of Defense identified 
pursuant to paragraph (1) and commercial technologies avail-
able to address such priorities and needs. 
(7) Assisting in the development of guides to help small 
information technology companies with promising technologies 
to understand and navigate the funding and acquisition proc-
esses of the Department of Defense. 
(8) Developing methods to measure how well processes 
developed by the clearinghouse are being utilized and to collect 
data on an ongoing basis to assess the benefits of commercial 
technologies that are procured on the recommendation of the 
clearinghouse. 
(c) PERSONNEL.—The Secretary of Defense, acting through the 
Assistant Secretary of Defense for Networks and Information 
Integration, shall provide for the hiring and support of employees 
(including detailees from other components of the Department of 
Defense and from other Federal departments or agencies) to assist 
in identifying, assessing, and disseminating information regarding 
commercial technologies under this section. 
(d) REPORT TO CONGRESS.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on the 
implementation of this section.
H. R. 1585—260 
SEC. 882. AUTHORITY TO LICENSE CERTAIN MILITARY DESIGNATIONS 
AND LIKENESSES OF WEAPONS SYSTEMS TO TOY AND 
HOBBY MANUFACTURERS. 
(a) AUTHORITY TO LICENSE CERTAIN ITEMS.—Section 2260 of 
title 10, United States Code, is amended— 
(1) by redesignating subsections (c), (d), and (e) as sub-
sections (d), (e), and (f), respectively; and 
(2) by inserting after subsection (b) the following new sub-
section: 
‘‘(c) LICENSES FOR QUALIFYING COMPANIES.—(1) The Secretary 
concerned may license trademarks, service marks, certification 
marks, and collective marks owned or controlled by the Secretary 
relating to military designations and likenesses of military weapons 
systems to any qualifying company upon receipt of a request from 
the company. 
‘‘(2) For purposes of paragraph (1), a qualifying company is 
any United States company that— 
‘‘(A) is a toy or hobby manufacturer; and 
‘‘(B) is determined by the Secretary concerned to be quali-
fied in accordance with such criteria as determined appropriate 
by the Secretary of Defense. 
‘‘(3) The fee for a license under this subsection shall not exceed 
by more than a nominal amount the amount needed to recover 
all costs of the Department of Defense in processing the request 
for the license and supplying the license. 
‘‘(4) A license to a qualifying company under this subsection 
shall provide that the license may not be transferred, sold, or 
relicensed by the qualifying company. 
‘‘(5) A license under this subsection shall not be an exclusive 
license.’’. 
(b) EFFECTIVE DATE.—The Secretary of Defense shall prescribe 
regulations to implement the amendment made by this section 
not later than 180 days after the date of the enactment of this 
Act. 
SEC. 883. MODIFICATIONS TO LIMITATION ON CONTRACTS TO 
ACQUIRE MILITARY FLIGHT SIMULATOR. 
(a) EFFECT ON EXISTING CONTRACTS.—Section 832 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 120 Stat. 2331) is amended by adding at 
the end the following new subsection: 
‘‘(e) EFFECT ON EXISTING CONTRACTS.—The limitation in sub-
section (a) does not apply to any service contract of a military 
department to acquire a military flight simulator, or to any renewal 
or extension of, or follow-on contract to, such a contract, if— 
‘‘(1) the contract was in effect as of October 17, 2006; 
‘‘(2) the number of flight simulators to be acquired under 
the contract (or renewal, extension, or follow-on) will not result 
in the total number of flight simulators acquired by the military 
department concerned through service contracts to exceed the 
total number of flight simulators to be acquired under all 
service contracts of such department for such simulators in 
effect as of October 17, 2006; and 
‘‘(3) in the case of a renewal or extension of, or follow- 
on contract to, the contract, the Secretary of the military depart-
ment concerned provides to the congressional defense commit-
tees a written notice of the decision to exercise an option
H. R. 1585—261 
to renew or extend the contract, or to issue a solicitation for 
bids or proposals using competitive procedures for a follow- 
on contract, and an economic analysis as described in subsection 
(c) supporting the decision, at least 30 days before carrying 
out such decision.’’. 
(b) CHANGE
IN GROUNDS
FOR WAIVER.—Section 832(c)(1) of 
such Act, as redesignated by subsection (a), is amend by striking 
‘‘necessary for national security purposes’’ and inserting ‘‘in the 
national interest’’. 
SEC. 884. REQUIREMENTS RELATING TO WAIVERS OF CERTAIN 
DOMESTIC SOURCE LIMITATIONS RELATING TO SPE-
CIALTY METALS. 
(a) NOTICE REQUIREMENT.—At least 30 days prior to making 
a domestic nonavailability determination pursuant to section 
2533b(b) of title 10, United States Code, that would apply to more 
than one contract of the Department of Defense, the Secretary 
of Defense shall, to the maximum extent practicable and in a 
manner consistent with the protection of national security informa-
tion and confidential business information— 
(1) publish a notice on the website maintained by the 
General Services Administration known as FedBizOpps.gov (or 
any successor site) of the Secretary’s intent to make the 
domestic nonavailability determination; and 
(2) solicit information relevant to such notice from 
interested parties, including producers of specialty metal mill 
products. 
(b) DETERMINATION.—(1) The Secretary shall take into consider-
ation all information submitted pursuant to subsection (a) in 
making a domestic nonavailability determination pursuant to sec-
tion 2533b(b) of title 10, United States Code, that would apply 
to more than one contract of the Department of Defense, and 
may also consider other relevant information that cannot be made 
part of the public record consistent with the protection of national 
security information and confidential business information. 
(2) The Secretary shall ensure that any such determination 
and the rationale for such determination is made publicly available 
to the maximum extent consistent with the protection of national 
security information and confidential business information. 
SEC. 885. TELEPHONE SERVICES FOR MILITARY PERSONNEL SERVING 
IN COMBAT ZONES. 
(a) COMPETITIVE PROCEDURES REQUIRED.— 
(1) REQUIREMENT.—When the Secretary of Defense con-
siders it necessary to provide morale, welfare, and recreation 
telephone services for military personnel serving in combat 
zones, the Secretary shall use competitive procedures when 
entering into a contract to provide those services. 
(2) REVIEW AND DETERMINATION.—Before soliciting bids or 
proposals for new contracts, or considering extensions to 
existing contracts, to provide morale, welfare, and recreation 
telephone services for military personnel serving in combat 
zones, the Secretary shall review and determine whether it 
is in the best interest of the Department to require bids or 
proposals, or adjustments for the purpose of extending a con-
tract, to include options that minimize the cost of the telephone 
services to individual users while providing individual users
H. R. 1585—262 
the flexibility of using phone cards from other than the prospec-
tive contractor. The Secretary shall submit the results of this 
review and determination to the Committees on Armed Services 
of the Senate and the House of Representatives. 
(b) EFFECTIVE DATE.— 
(1) REQUIREMENT.—Subsection (a)(1) shall apply to any 
new contract to provide morale, welfare, and recreation tele-
phone services for military personnel serving in combat zones 
that is entered into after the date of the enactment of this 
Act. 
(2) REVIEW AND DETERMINATION.—Subsection (a)(2) shall 
apply to any new contract or extension to an existing contract 
to provide morale, welfare, and recreation telephone services 
for military personnel serving in combat zones that is entered 
into or agreed upon after the date of the enactment of this 
Act. 
SEC. 886. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS AND SERV-
ICES PRODUCED IN IRAQ AND AFGHANISTAN. 
(a) IN GENERAL.—In the case of a product or service to be 
acquired in support of military operations or stability operations 
in Iraq or Afghanistan (including security, transition, reconstruc-
tion, and humanitarian relief activities) for which the Secretary 
of Defense makes a determination described in subsection (b), the 
Secretary may conduct a procurement in which— 
(1) competition is limited to products or services that are 
from Iraq or Afghanistan; 
(2) procedures other than competitive procedures are used 
to award a contract to a particular source or sources from 
Iraq or Afghanistan; or 
(3) a preference is provided for products or services that 
are from Iraq or Afghanistan. 
(b) DETERMINATION.—A determination described in this sub-
section is a determination by the Secretary that— 
(1) the product or service concerned is to be used only 
by the military forces, police, or other security personnel of 
Iraq or Afghanistan; or 
(2) it is in the national security interest of the United 
States to limit competition, use procedures other than competi-
tive procedures, or provide a preference as described in sub-
section (a) because— 
(A) such limitation, procedure, or preference is nec-
essary to provide a stable source of jobs in Iraq or Afghani-
stan; and 
(B) such limitation, procedure, or preference will not 
adversely affect— 
(i) military operations or stability operations in 
Iraq or Afghanistan; or 
(ii) the United States industrial base. 
(c) PRODUCTS, SERVICES, AND SOURCES FROM IRAQ OR AFGHANI-
STAN.—For the purposes of this section: 
(1) A product is from Iraq or Afghanistan if it is mined, 
produced, or manufactured in Iraq or Afghanistan. 
(2) A service is from Iraq or Afghanistan if it is performed 
in Iraq or Afghanistan by citizens or permanent resident aliens 
of Iraq or Afghanistan. 
(3) A source is from Iraq or Afghanistan if it—
H. R. 1585—263 
(A) is located in Iraq or Afghanistan; and 
(B) offers products or services that are from Iraq or 
Afghanistan. 
SEC. 887. DEFENSE SCIENCE BOARD REVIEW OF DEPARTMENT OF 
DEFENSE POLICIES AND PROCEDURES FOR THE ACQUISI-
TION OF INFORMATION TECHNOLOGY. 
(a) REVIEW REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall direct 
the Defense Science Board to carry out a review of Department 
of Defense policies and procedures for the acquisition of information 
technology. 
(b) MATTERS TO BE ADDRESSED.—The matters addressed by 
the review required by subsection (a) shall include the following: 
(1) Department of Defense policies and procedures for 
acquiring national security systems, business information sys-
tems, and other information technology. 
(2) The roles and responsibilities in implementing such 
policies and procedures of— 
(A) the Under Secretary of Defense for Acquisition, 
Technology, and Logistics; 
(B) the Chief Information Officer of the Department 
of Defense; 
(C) the Director of the Business Transformation 
Agency; 
(D) the service acquisition executives; 
(E) the chief information officers of the military depart-
ments; 
(F) Defense Agency acquisition officials; 
(G) the information officers of the Defense Agencies; 
and 
(H) the Director of Operational Test and Evaluation 
and the heads of the operational test organizations of the 
military departments and the Defense Agencies. 
(3) The application of such policies and procedures to 
information technologies that are an integral part of weapons 
or weapon systems. 
(4) The requirements of subtitle III of title 40, United 
States Code, and chapter 35 of title 44, United States Code, 
regarding performance-based and results-based management, 
capital planning, and investment control in the acquisition 
of information technology. 
(5) Department of Defense policies and procedures for maxi-
mizing the usage of commercial information technology while 
ensuring the security of the microelectronics, software, and 
networks of the Department. 
(6) The suitability of Department of Defense acquisition 
regulations, including Department of Defense Directive 5000.1 
and the accompanying milestones, to the acquisition of informa-
tion technology systems. 
(7) The adequacy and transparency of metrics used by 
the Department of Defense for the acquisition of information 
technology systems. 
(8) The effectiveness of existing statutory and regulatory 
reporting requirements for the acquisition of information tech-
nology systems.
H. R. 1585—264 
(9) The adequacy of operational and development test 
resources (including infrastructure and personnel), policies, and 
procedures to ensure appropriate testing of information tech-
nology systems both during development and before operational 
use. 
(10) The appropriate policies and procedures for technology 
assessment, development, and operational testing for purposes 
of the adoption of commercial technologies into information 
technology systems. 
(c) REPORT REQUIRED.—Not later than one year after the date 
of enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the results of the review 
required by subsection (a). The report shall include the findings 
and recommendations of the Defense Science Board pursuant to 
the review, including such recommendations for legislative or 
administrative action as the Board considers appropriate, together 
with any comments the Secretary considers appropriate. 
SEC. 888. GREEN PROCUREMENT POLICY. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Department of Defense should establish a system to document 
and track the use of environmentally preferable products and serv-
ices. 
(b) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report on a plan to increase the usage of environmentally 
friendly products that minimize potential impacts to human health 
and the environment at all Department of Defense facilities inside 
and outside the United States, including through the direct pur-
chase of products and the purchase of products by facility mainte-
nance contractors. The report shall also cover consideration of the 
budgetary impact of implementation of the plan. 
SEC. 889. COMPTROLLER GENERAL REVIEW OF USE OF AUTHORITY 
UNDER THE DEFENSE PRODUCTION ACT OF 1950. 
(a) THOROUGH REVIEW REQUIRED.—The Comptroller General 
of the United States (in this section referred to as the ‘‘Comptroller’’) 
shall conduct a thorough review of the application of the Defense 
Production Act of 1950, covering the period beginning on the date 
of the enactment of the Defense Production Act Reauthorization 
of 2003 (Public Law 108–195) and ending on the date of the enact-
ment of this Act. 
(b) CONSIDERATIONS.—In conducting the review required by 
this section, the Comptroller shall examine— 
(1) the relevance and utility of the authorities provided 
under the Defense Production Act of 1950 to meet the security 
challenges of the 21st Century; 
(2) the manner in which the authorities provided under 
such Act have been used by the Federal Government— 
(A) to meet security challenges; 
(B) to meet current and future defense requirements; 
(C) to meet current and future energy requirements; 
(D) to meet current and future domestic emergency 
and disaster response and recovery requirements; 
(E) to reduce the interruption of critical infrastructure 
operations during a terrorist attack, natural catastrophe, 
or other similar national emergency; and
H. R. 1585—265 
(F) to safeguard critical components of the United 
States industrial base, including American aerospace and 
shipbuilding industries; 
(3) the economic impact of foreign offset contracts; 
(4) the relative merit of developing rapid and standardized 
systems for use of the authorities provided under the Defense 
Production Act of 1950, by any Federal agency; and 
(5) such other issues as the Comptroller determines rel-
evant. 
(c) REPORT TO CONGRESS.—Not later than 150 days after the 
date of the enactment of this Act, the Comptroller shall submit 
to the Committees on Armed Services and on Banking, Housing, 
and Urban Affairs of the Senate and the Committees on Armed 
Services and on Financial Services of the House of Representatives 
a report on the review conducted under this section. 
(d) RULES
OF CONSTRUCTION
ON PROTECTION
OF INFORMA-
TION.—Notwithstanding any other provision of law— 
(1) the provisions of section 705(d) of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2155(d)) shall not apply to 
information sought or obtained by the Comptroller for purposes 
of the review required by this section; and 
(2) provisions of law pertaining to the protection of classi-
fied information or proprietary information otherwise applicable 
to information sought or obtained by the Comptroller in car-
rying out this section shall not be affected by any provision 
of this section. 
SEC. 890. PREVENTION OF EXPORT CONTROL VIOLATIONS. 
(a) PREVENTION OF EXPORT CONTROL VIOLATIONS.—Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall prescribe regulations requiring any con-
tractor under a contract with the Department of Defense to provide 
goods or technology that is subject to export controls under the 
Arms Export Control Act or the Export Administration of 1979 
(as continued in effect under the International Emergency Economic 
Powers Act) to comply with those Acts and applicable regulations 
with respect to such goods and technology, including the Inter-
national Traffic in Arms Regulations and the Export Administration 
Regulations. Regulations prescribed under this subsection shall 
include a contract clause enforcing such requirement. 
(b) TRAINING ON EXPORT CONTROLS.—The Secretary of Defense 
shall ensure that any contractor under a contract with the Depart-
ment of Defense to provide goods or technology that is subject 
to export controls under the Arms Export Control Act or the Export 
Administration of 1979 (as continued in effect under the Inter-
national Emergency Economic Powers Act) is made aware of any 
relevant resources made available by the Department of State and 
the Department of Commerce to assist in compliance with the 
requirement established by subsection (a) and the need for a cor-
porate compliance plan and periodic internal audits of corporate 
performance under such plan. 
(c) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report 
assessing the utility of—
H. R. 1585—266 
(1) requiring defense contractors (or subcontractors at any 
tier) to periodically report on measures taken to ensure compli-
ance with the International Traffic in Arms Regulations and 
the Export Administration Regulations; 
(2) requiring periodic audits of defense contractors (or sub-
contractors at any tier) to ensure compliance with all provisions 
of the International Traffic in Arms Regulations and the Export 
Administration Regulations; 
(3) requiring defense contractors to maintain a corporate 
training plan to disseminate information to appropriate con-
tractor personnel regarding the applicability of the Arms Export 
Control Act and the Export Administration Act of 1979; and 
(4) requiring a designated corporate liaison, available for 
training provided by the United States Government, whose 
primary responsibility would be contractor compliance with 
the Arms Export Control Act and the Export Administration 
Act of 1979. 
(d) DEFINITIONS.—In this section: 
(1) EXPORT
ADMINISTRATION
REGULATIONS.—The term 
‘‘Export Administration Regulations’’ means those regulations 
contained in sections 730 through 774 of title 15, Code of 
Federal Regulations (or successor regulations). 
(2) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS.—The 
term ‘‘International Traffic in Arms Regulations’’ means those 
regulations contained in sections 120 through 130 of title 22, 
Code of Federal Regulations (or successor regulations). 
SEC. 891. PROCUREMENT GOAL FOR NATIVE HAWAIIAN-SERVING 
INSTITUTIONS AND ALASKA NATIVE-SERVING INSTITU-
TIONS. 
Section 2323 of title 10, United States Code, is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘and’’ at the end of subparagraph (C); 
(B) by striking the period at the end of subparagraph 
(D) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(E) Native Hawaiian-serving institutions and Alaska 
Native-serving institutions (as defined in section 317 of 
the Higher Education Act of 1965).’’; 
(2) in subsection (a)(2), by inserting after ‘‘Hispanic-serving 
institutions,’’ the following: ‘‘Native Hawaiian-serving institu-
tions and Alaska Native-serving institutions,’’; 
(3) in subsection (c)(1), by inserting after ‘‘Hispanic-serving 
institutions,’’ the following: ‘‘Native Hawaiian-serving institu-
tions and Alaska Native-serving institutions,’’; and 
(4) in subsection (c)(3), by inserting after ‘‘Hispanic-serving 
institutions,’’ the following: ‘‘to Native Hawaiian-serving institu-
tions and Alaska Native-serving institutions,’’. 
SEC. 892. COMPETITION FOR PROCUREMENT OF SMALL ARMS SUP-
PLIED TO IRAQ AND AFGHANISTAN. 
(a) COMPETITION REQUIREMENT.—For the procurement of pistols 
and other weapons described in subsection (b), the Secretary of 
Defense shall ensure, consistent with the provisions of section 2304 
of title 10, United States Code, that— 
(1) full and open competition is obtained to the maximum 
extent practicable;