573
and simulation tools to predict nuclear explosive 
package characteristics. 
(2) The manner in which that methodology is 
used to conduct the annual assessments of the nu-
clear weapons stockpile. 
(3) How the use of that methodology compares 
and contrasts between the national security labora-
tories. 
(4) The process by which conflicts between the 
national security laboratories in the application of 
that methodology are resolved. 
(5) An assessment of whether the application of 
the quantification of margins and uncertainty used 
for annual assessments and certification of the nu-
clear weapons stockpile can be applied to the 
planned Reliable Replacement Warhead program so 
as to carry out the objective of that program to re-
duce the likelihood of the resumption of under-
ground testing of nuclear weapons. 
(c) REPORT.—
(1) IN
GENERAL.—Not later than one year 
after the date on which the arrangement required by 
subsection (a) is entered into, the National Research 
Council shall submit to the Secretary of Energy and 
the congressional committees specified in paragraph
574
(2), a report on the study that addresses the matters 
listed in subsection (b) and any other matters con-
sidered by the National Research Council to be rel-
evant to the use of the quantification of margins and 
uncertainty methodology in assessing the current or 
future nuclear weapons stockpile. 
(2) SPECIFIED
COMMITTEES.—The congres-
sional committees referred to in paragraph (1) are 
the following: 
(A) The Committee on Armed Services of 
the Senate. 
(B) The Committee on Armed Services of 
the House of Representatives. 
(d) PROVISION OF INFORMATION.—The Secretary of 
Energy shall, in a timely manner, make available to the 
National Research Council all information that the Na-
tional Research Council considers necessary to carry out 
its responsibilities under this section. 
(e) FUNDING.—Of the amounts made available to the 
Department of Energy pursuant to the authorization of 
appropriations in section 3101, $2,000,000 shall be avail-
able only for carrying out the study required by this sec-
tion.
575
SEC. 3117. CONSOLIDATION OF COUNTERINTELLIGENCE 
PROGRAMS OF DEPARTMENT OF ENERGY 
AND NATIONAL NUCLEAR SECURITY ADMIN-
ISTRATION. 
(a) TRANSFER OF FUNCTIONS.—The functions, per-
sonnel, funds, assets, and other resources of the Office of 
Defense Nuclear Counterintelligence of the National Nu-
clear Security Administration are transferred to the Sec-
retary of Energy, to be administered (except to any extent 
otherwise directed by the Secretary) by the Director of the 
Office of Counterintelligence of the Department of En-
ergy. 
(b) NNSA COUNTERINTELLIGENCE OFFICE ABOL-
ISHED.—
(1) IN
GENERAL.—Section 3232 of the Na-
tional Nuclear Security Administration Act (50 
U.S.C. 3232) is amended—
(A) by amending the heading to read as 
follows: 
‘‘SEC. 3232. OFFICE OF DEFENSE NUCLEAR SECURITY.’’; 
(B) by striking subsection (a) and insert-
ing the following new subsection (a): 
‘‘(a) ESTABLISHMENT.—There is within the Admin-
istration an Office of Defense Nuclear Security, headed 
by a Chief appointed by the Secretary of Energy. The Ad-
576
ministrator shall recommend to the Secretary suitable can-
didates for such position.’’; 
(C) by striking subsection (b); and 
(D) by redesignating subsection (c) as sub-
section (b). 
(2) CONFORMING AMENDMENT.—The table of 
sections at the beginning of the National Nuclear 
Security Administration Act is amended by striking 
the item relating to section 3232 and inserting the 
following new item:
‘‘Sec. 3232. Office of Defense Nuclear Security.’’.
(c) COUNTERINTELLIGENCE PROGRAMS AT NNSA 
FACILITIES.—Section 3233 of the National Nuclear Secu-
rity Administration Act (50 U.S.C. 2423) is amended—
(1) in each of subsections (a) and (b), by strik-
ing ‘‘The Administrator shall’’ and inserting ‘‘The 
Secretary of Energy shall’’; and 
(2) in subsection (b), by striking ‘‘Office of De-
fense Nuclear Counterintelligence’’ and inserting 
‘‘Office of Counterintelligence of the Department of 
Energy’’. 
(d) STATUS OF NNSA INTELLIGENCE AND COUN-
TERINTELLIGENCE PERSONNEL.—Section 3220 of the 
National Nuclear Security Administration Act (50 U.S.C. 
2410) is amended by adding at the end the following new 
subsection:
577
‘‘(e) STATUS
OF INTELLIGENCE
AND COUNTER-
INTELLIGENCE PERSONNEL.—Notwithstanding the re-
strictions of subsections (a) and (b), each officer or em-
ployee of the Administration, or of a contractor of the Ad-
ministration, who is carrying out activities related to intel-
ligence or counterintelligence shall, in carrying out those 
activities, be subject to the authority, direction, and con-
trol of the Secretary of Energy or the Secretary’s dele-
gate.’’. 
(e) SERVICE FROM WHICH DOE INTELLIGENCE DI-
RECTOR
AND COUNTERINTELLIGENCE DIRECTOR AP-
POINTED.—Section 215(b)(1) (42 U.S.C. 7144b(b)(1)) 
and section 216(b)(1) (42 U.S.C. 7144c(b)(1)) of the De-
partment of Energy Organization Act are each amended 
by striking ‘‘which shall be a position in the Senior Execu-
tive Service’’ and inserting ‘‘who shall be an employee in 
the Senior Executive Service, the Senior Intelligence Serv-
ice, the Senior National Intelligence Service, or any other 
Service that the Secretary, in coordination with the Direc-
tor of National Intelligence, considers appropriate’’. 
(f) INTELLIGENCE EXECUTIVE COMMITTEE; BUDGET 
FOR INTELLIGENCE AND COUNTERINTELLIGENCE.—Sec-
tion 214 of the Department of Energy Organization Act 
(42 U.S.C. 7144a) is amended—
578
(1) by inserting ‘‘(a)’’ before ‘‘The Secretary 
shall be responsible’’; and 
(2) by adding at the end the following: 
‘‘(b)(1) There is within the Department an Intel-
ligence Executive Committee. The Committee shall consist 
of the Deputy Secretary of Energy, who shall chair the 
Committee, and each Under Secretary of Energy. 
‘‘(2) The Committee shall be staffed by the Director 
of the Office of Intelligence and the Director of the Office 
of Counterintelligence. 
‘‘(3) The Secretary shall use the Committee to assist 
in developing and promulgating the counterintelligence 
and intelligence policies, requirements, and priorities of 
the Department. 
‘‘(c) In the budget justification materials submitted 
to Congress in support of each budget submitted by the 
President to Congress under title 31, United States Code, 
the amounts requested for the Department for intelligence 
functions and the amounts requested for the Department 
for counterintelligence functions shall each be specified in 
appropriately classified individual, dedicated program ele-
ments. Within the amounts requested for counterintel-
ligence functions, the amounts requested for the National 
Nuclear Security Administration shall be specified sepa-
579
rately from the amounts requested for other elements of 
the Department.’’. 
(g) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Inspector General of the 
Department of Energy shall submit to Congress a report 
on the implementation of this section and of the amend-
ments required by this section. The report shall include 
the Inspector General’s evaluation of that implementation. 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal 
year 2007, $22,260,000 for the operation of the Defense 
Nuclear Facilities Safety Board under chapter 21 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 
TITLE XXXIII—NATIONAL 
DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds. 
Sec. 3302. Revisions to required receipt objectives for previously authorized dis-
posals from National Defense Stockpile.
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE 
STOCKPILE FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 2007, the National Defense Stockpile Manager 
may obligate up to $52,132,000 of the funds in the Na-
580
tional Defense Stockpile Transaction Fund established 
under subsection (a) of section 9 of the Strategic and Crit-
ical Materials Stock Piling Act (50 U.S.C. 98h) for the 
authorized uses of such funds under subsection (b)(2) of 
such section, including the disposal of hazardous materials 
that are environmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National De-
fense Stockpile Manager may obligate amounts in excess 
of the amount specified in subsection (a) if the National 
Defense Stockpile Manager notifies Congress that extraor-
dinary or emergency conditions necessitate the additional 
obligations. The National Defense Stockpile Manager may 
make the additional obligations described in the notifica-
tion after the end of the 45-day period beginning on the 
date on which Congress receives the notification. 
(c) LIMITATIONS.—The authorities provided by this 
section shall be subject to such limitations as may be pro-
vided in appropriations Acts. 
SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES 
FOR PREVIOUSLY AUTHORIZED DISPOSALS 
FROM NATIONAL DEFENSE STOCKPILE. 
(a) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Sec-
tion 3303(a) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105–
261; 50 U.S.C. 98d note), as amended by section 3302
581
of the Ronald W. Reagan National Defense Authorization 
Act for Year 2005 (Public Law 108–375; 118 Stat. 2193) 
and section 3302 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3545), is amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(5); and 
(2) by striking the period at the end of para-
graph (6) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(7) $1,365,000,000 by the end of fiscal year 
2014.’’. 
(b) FISCAL YEAR 1998 DISPOSAL AUTHORITY.—Sec-
tion 3305(a)(5) of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. 98d 
note), as amended by section 3305 of the National De-
fense Authorization Act for Fiscal Year 2002 (Public Law 
107–107; 115 Stat. 1390), is amended by striking ‘‘2006’’ 
and inserting ‘‘2008’’. 
(c) FISCAL YEAR 1997 DISPOSAL AUTHORITY.—Sec-
tion 3303 of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104–201; 50 U.S.C. 98d 
note), as amended by section 3402(f) of the National De-
fense Authorization Act for Year 2000 (Public Law 106–
582
65; 113 Stat. 973) and section 3304(c) of the National 
Defense Authorization Act for 2002 (Public Law 107–
107; 115 Stat. 1390), is amended—
(1) in subsection (a), by striking paragraph (2) 
and inserting the following new paragraph (2): 
‘‘(2) $720,000,000 during the 12-fiscal year pe-
riod ending September 30, 2008.’’; and 
(2) in subsection (b)(2), by striking ‘‘the 10-fis-
cal year period’’ and inserting ‘‘the period’’. 
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $18,810,000 for fis-
cal year 2007 for the purpose of carrying out activities 
under chapter 641 of title 10, United States Code, relating 
to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated 
pursuant to the authorization of appropriations in sub-
section (a) shall remain available until expended.
583
TITLE XXXV—MARITIME 
ADMINISTRATION 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS-
CAL YEAR 2007. 
Funds are hereby authorized to be appropriated for 
fiscal year 2007, to be available without fiscal year limita-
tion if so provided in appropriations Acts, for the use of 
the Department of Transportation for the Maritime Ad-
ministration as follows: 
(1) For expenses necessary for operations and 
training 
activities, 
$138,647,000, 
of 
which 
$19,500,000 shall be available only for paying reim-
bursement under section 3517 of the Maritime Secu-
rity Act of 2003 (46 U.S.C. 53101 note). 
(2) For expenses to dispose of obsolete vessels 
in the National Defense Reserve Fleet, including 
provision of assistance under section 7 of Public 
Law 92–402, $25,740,000. 
SEC. 3502. LIMITATION ON TRANSFER OF MARITIME SECU-
RITY FLEET OPERATING AGREEMENTS. 
Section 53105(e) of title 46, United States Code, is 
amended—
(1) by inserting ‘‘(1) IN GENERAL.—’’ before 
the first sentence;
584
(2) by moving paragraph (1) (as designated by 
the amendment made by paragraph (1) of this sub-
section) so as to appear immediately below the head-
ing for such subsection, and 2 ems to the right; and 
(3) by adding at the end the following: 
‘‘(2) LIMITATION.—The Secretary of Defense 
may not approve under paragraph (1) transfer of an 
operating agreement to a person that is not a citizen 
of the United States under section 2 of the Shipping 
Act, 1916 (46 U.S.C. App. 802), unless the Sec-
retary of Defense determines that there is no person 
who is a citizen under such section and is interested 
in obtaining the operating agreement for a vessel 
that is otherwise eligible to be included in the Fleet 
under section 53102(b).’’. 
SEC. 3503. APPLICABILITY TO CERTAIN MARITIME ADMIN-
ISTRATION VESSELS OF LIMITATIONS ON 
OVERHAUL, REPAIR, AND MAINTENANCE OF 
VESSELS IN FOREIGN SHIPYARDS. 
Section 11 of the Merchant Ship Sales Act of 1946 
(50 U.S.C. App. 1744) is amended by inserting after sub-
section (c) the following: 
‘‘(d) APPLICABILITY OF LIMITATIONS ON OVERHAUL, 
REPAIR, AND MAINTENANCE IN FOREIGN SHIPYARDS.—
585
‘‘(1) APPLICATION OF LIMITATION.—The provi-
sions of section 7310 of title 10, United States 
Code, shall apply to vessels specified in subsection 
(b), and to the Secretary of Transportation with re-
spect to those vessels, in the same manner as those 
provisions apply to vessels specified in subsection (b) 
of such section, and to the Secretary of the Navy, 
respectively. 
‘‘(2) COVERED VESSELS.—Vessels specified in 
this paragraph are vessels maintained by the Sec-
retary of Transportation in support of the Depart-
ment of Defense, including any vessel assigned by 
the Secretary of Transportation to the Ready Re-
serve Force that is owned by the United States.’’. 
SEC. 3504. VESSEL TRANSFER AUTHORITY. 
The Secretary of Transportation may transfer or oth-
erwise make available without reimbursement to any other 
department a vessel under the jurisdiction of the Depart-
ment of Transportation, upon request by the Secretary of 
the department that receives the vessel.
586
SEC. 3505. UNITED STATES MERCHANT MARINE ACADEMY 
GRADUATES: ALTERNATE SERVICE REQUIRE-
MENTS. 
(a) SERVICE ON ACTIVE DUTY.—Section 1303(e) of 
the Merchant Marine Act, 1936 (46 U.S.C. App. 
1295b(e)) is amended by adding at the end the following: 
‘‘(6)(A) An individual who for the 5-year period fol-
lowing graduation from the Academy, serves as a commis-
sioned officer on active duty in an armed force of the 
United States or as a commissioned officer in the National 
Oceanic and Atmospheric Administration shall be excused 
from the requirements of subparagraphs (C), (D), and (E) 
of paragraph (1). 
‘‘(B) The Secretary may modify or waive any of the 
terms and conditions set forth in paragraph (1) through 
the imposition of alternative service requirements.’’. 
(b) APPLICATION.—Paragraph (6) of section 1303(e) 
of the Merchant Marine Act, 1936 (46 U.S.C. App. 
1295b(e)), as added by this subsection, applies only to an 
individual who enrolls as a cadet at the United States Mer-
chant Marine Academy, and signs an agreement under 
section paragraph (1) of that section, after the date of 
the enactment of this Act.
587
SEC. 3506. UNITED STATES MERCHANT MARINE ACADEMY 
GRADUATES: 
SERVICE 
OBLIGATION 
PER-
FORMANCE REPORTING REQUIREMENT. 
(a) IN GENERAL.—Section 1303(e) of the Merchant 
Marine Act, 1936 (46 U.S.C. App. 1295b(e)) is further 
amended by adding at the end the following: 
‘‘(7)(A) Subject to any otherwise applicable restric-
tions on disclosure in section 552a of title 5, United States 
Code, the Secretary of Defense or the Secretary of the 
department in which the Coast Guard is operating, and 
the Administrator of the National Oceanic and Atmos-
pheric Administration—
‘‘(i) shall report the status of obligated 
service of an individual graduate of the Acad-
emy upon request of the Secretary; and 
‘‘(ii) may, in their discretion, notify the 
Secretary of any failure of the graduate to per-
form the graduate’s duties, either on active 
duty or in the Ready Reserve component of 
their respective service, or as a commissioned 
officer of the National Oceanic and Atmos-
pheric Administration, respectively. 
‘‘(B) A report or notice under subparagraph (A) shall 
identify any graduate determined to have failed to comply 
with service obligation requirements and provide all re-
588
quired information as to why such graduate failed to com-
ply. 
‘‘(C) Upon receipt of such a report or notice, such 
graduate may be considered to be in default of the grad-
uate’s service obligations by the Secretary, and subject to 
all remedies the Secretary may have with respect to such 
a default.’’. 
(b) APPLICATION.—The amendment made by this 
section does not apply with respect to an agreement en-
tered into under section 1303(e) of the Merchant Marine 
Act, 1936 (46 U.S.C. 1295b(e)) before the date of the en-
actment of this Act. 
SEC. 3507. TEMPORARY AUTHORITY TO TRANSFER OBSO-
LETE COMBATANT VESSELS TO NAVY FOR 
DISPOSAL. 
The Secretary of Transportation shall, subject to the 
availability of appropriations and consistent with section 
1535 of title 31, United States Code, popularly known as 
the Economy Act, transfer to the Secretary of the Navy 
during fiscal year 2006 for disposal by the Navy, no fewer 
than 6 combatant vessels in the nonretention fleet of the 
Maritime Administration that are acceptable to the Sec-
retary of the Navy.
589
SEC. 
3508. 
TEMPORARY 
REQUIREMENT 
TO 
MAINTAIN 
READY RESERVE FORCE. 
(a) REPORT TO CONGRESS.—The Secretary of De-
fense, in consultation with the Secretary of Transpor-
tation, shall submit to Congress by not later than March 
1, 2007, a report describing a five-year plan for maintain-
ing the capability of the Ready Reserve Force of the Na-
tional Defense Reserve Fleet necessary to support Depart-
ment of Defense wartime missions and support to civil au-
thority missions. 
(b) REQUIREMENT TO MAINTAIN THE READY RE-
SERVE FORCE AT CURRENT STRENGTH.—The Secretary 
of Transportation shall maintain 58 vessels in the Ready 
Reserve Force of the National Defense Reserve Fleet until 
the end of the 45-day period beginning on the date the 
report required under subsection (a) is submitted to Con-
gress.
Passed the House of Representatives May 11, 2006. 
Attest:
Clerk.
109TH CONGRESS 
2D SESSION 
H. R. 5122
AN ACT 
To authorize appropriations for fiscal year 2007 for 
military activities of the Department of Defense, 
for military construction, and for defense activi-
ties of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, 
and for other purposes.