340
such contract does not exceed 1 percent of the 
amount of the contract or $100,000, whichever 
is less; 
(B) the contracting officer determines in 
writing that the contractor was and continues 
to be inadvertently not in compliance with such 
section with respect to such metals and the con-
tractor has submitted a compliance plan under 
paragraph (1)(C); and 
(C) the Secretary of the military depart-
ment concerned approves the waiver. 
(3) NOTICE.—Not later than 15 days after a 
contracting officer makes a determination under 
paragraph (2)(B) with respect to a contract, the 
contracting 
officer 
shall 
post 
a 
notice 
on 
FedBizOpps.gov that a waiver has been granted for 
the contract under this subsection. The notice shall 
include information about the applicability of section 
1001 of title 18, United States Code (relating to 
criminal penalties for false statements). 
(4) CHALLENGE PERIOD.—
(A) During the 15-day period beginning on 
the date of the posting of a notice of a waiver 
under paragraph (3) for a contract (in this sub-
section referred to as the ‘‘challenge period’’),
341
the contracting officer shall accept challenges 
submitted with respect to the contract. 
(B) For purposes of this paragraph, a 
challenge, with respect to a contract for which 
a waiver has been granted under this sub-
section, is a submission of information by an 
entity (referred to as a ‘‘challenger’’ in this sec-
tion) stating that the challenger can provide the 
specialty metals needed for performance of the 
contract and can certify in writing that the 
metals are reprocessed, reused, or produced in 
the United States. The information shall be 
submitted to the contracting officer in such 
form and manner as may be prescribed by the 
Under Secretary of Defense for Acquisition, 
Technology, and Logistics. 
(5) DETERMINATION
BY
CONTRACTING
OFFI-
CER.—During the 15-day period beginning on the 
day after the end of the challenge period with re-
spect to a contract, if any challenge has been sub-
mitted to the contracting officer, the contracting of-
ficer shall make a determination regarding whether 
the challenger can provide the specialty metals for 
the components concerned in sufficient quantity, of
342
satisfactory quality, within a reasonable time, and at 
a cost that is not unreasonable. 
(6) RESCISSION
OF
WAIVER.—(A) Except as 
provided in subparagraph (B), if the determination 
under paragraph (5) is in the affirmative, the con-
tracting officer shall—
(i) rescind the waiver granted with respect 
to the contract under this subsection; and 
(ii) require the contractor to comply with 
subsection (a) by purchasing specialty metals 
from the challenger. 
(B) If the contracting officer makes a deter-
mination in the affirmative under paragraph (5) 
with respect to two or more challengers, the con-
tracting officer shall select or require the contractor 
to select, in such manner as the contracting officer 
considers appropriate, the challenger to provide spe-
cialty metals under the contract. 
(7) DEFINITIONS.—In this subsection: 
(A) The term ‘‘micropurchase’’ means a 
procurement in an amount not greater than the 
micropurchase threshold, as defined by section 
32(f) of the Office of Federal Procurement Pol-
icy Act (41 U.S.C. 428).
343
(B) The term ‘‘component’’ has the mean-
ing provided in section 4 of such Act (41 
U.S.C. 403). 
(C) The term ‘‘FedBizOpps.gov’’ means 
the website maintained by the General Services 
Administration known as FedBizOpps.gov (or 
any successor site). 
(8) TERMINATION OF WAIVER AUTHORITY.—A 
contracting officer may exercise the waiver authority 
under this subsection only after the date of the en-
actment of this Act and before July 1, 2008. 
SEC. 832. STRATEGIC MATERIALS PROTECTION BOARD. 
(a) IN GENERAL.—Chapter 7 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 187. Strategic Materials Protection Board 
‘‘(a) ESTABLISHMENT.—(1) The Secretary of De-
fense shall establish a Strategic Materials Protection 
Board. 
‘‘(2) The Board shall be composed of the following: 
‘‘(A) The Secretary of Defense, who shall be 
the chairman of the Board. 
‘‘(B) The Under Secretary of Defense for Ac-
quisition, Technology, and Logistics.
344
‘‘(C) The Under Secretary of Defense for Intel-
ligence. 
‘‘(D) The Secretary of the Army. 
‘‘(E) The Secretary of the Navy. 
‘‘(F) The Secretary of the Air Force. 
‘‘(b) DUTIES.—In addition to other matters assigned 
to it by the Secretary of Defense, the Board shall—
‘‘(1) determine the need to provide a long term 
domestic supply of items designated as critical to na-
tional security to ensure that national defense needs 
are met; 
‘‘(2) analyze the risk associated with each item 
designated as critical to national security and the af-
fect on national defense that the nonavailability of 
such item from a domestic source would have; 
‘‘(3) recommend a strategy to the President to 
ensure the domestic availability of items designated 
as critical to national security; 
‘‘(4) recommend such other strategies to the 
President as the Board considers appropriate to 
strengthen the industrial base with respect to items 
critical to national security; and 
‘‘(5) publish, not less frequently than once 
every two years, in the Federal Register a list of 
items determined to be critical to national security,
345
including a list of specialty metals determined to be 
critical to national security for purposes of section 
2533b of this title (and referred to in section 
2533b(l)((1)(5) of such title). 
‘‘(c) MEETINGS.—The Board shall meet as deter-
mined necessary by the Secretary of Defense but not less 
frequently than once every two years to—
‘‘(1) determine and publish a list of items crit-
ical to national security as described in subsection 
(b)(5); and 
‘‘(2) review items previously determined by the 
Board to be critical to national security, including 
specialty metals critical to national security for pur-
poses of section 2533b of this title, to determine the 
appropriateness of their continuing classification as 
critical to national security. 
‘‘(d) REPORTS.—After each meeting of the Board, 
the Board shall prepare and submit to Congress a report 
containing the results of the meeting and such rec-
ommendations as the Board determines appropriate. 
‘‘(e) REMOVAL OF ITEMS FROM LIST.—The Board 
may not remove from the list referred to in subsection 
(b)(5) an item previously determined to be critical to na-
tional security by the Board until a period of 30 days ex-
346
pires after the Board submits to the congressional defense 
committees a written notification of the removal.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item:
‘‘187. Strategic Materials Protection Board.’’.
(c) FIRST MEETING OF BOARD.—The first meeting 
of the Strategic Materials Protection Board, established 
by section 187 of title 10, United States Code (as added 
by paragraph (1)) shall be not later than 180 days after 
the date of the enactment of this Act. 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT
Subtitle A—Department of Defense Management 
Sec. 901. Standardization of statutory references to ‘‘national security system’’ 
within laws applicable to Department of Defense. 
Sec. 902. Correction of reference to predecessor of Defense Information Sys-
tems Agency. 
Sec. 903. Addition to membership of specified council. 
Sec. 904. Consolidation and standardization of authorities relating to Depart-
ment of Defense Regional Centers for Security Studies. 
Sec. 905. Redesignation of the Department of the Navy as the Department of 
the Navy and Marine Corps. 
Subtitle B—Space Activities 
Sec. 911. Designation of successor organizations for the disestablished Inter-
agency Global Positioning Executive Board. 
Sec. 912. Extension of authority for pilot program for provision of space sur-
veillance network services to non-United States Government 
entities. 
Sec. 913. Operationally Responsive Space. 
Subtitle C—Chemical Demilitarization Program 
Sec. 921. Transfer to Secretary of the Army of responsibility for Assembled 
Chemical Weapons Alternatives Program.
347
Sec. 922. Comptroller General review of cost-benefit analysis of off-site versus 
on-site treatment and disposal of hydrolysate derived from neu-
tralization of VX nerve gas at Newport Chemical Depot, Indi-
ana. 
Sec. 923. Sense of Congress regarding the safe and expeditious disposal of 
chemical weapons. 
Subtitle D—Intelligence-Related Matters 
Sec. 931. Repeal of termination of authority of Secretary of Defense to engage 
in commercial activities as security for intelligence collection 
activities abroad.
Subtitle A—Department of Defense 
Management 
SEC. 901. STANDARDIZATION OF STATUTORY REFERENCES 
TO ‘‘NATIONAL SECURITY SYSTEM’’ WITHIN 
LAWS APPLICABLE TO DEPARTMENT OF DE-
FENSE. 
(a) 
DEFENSE
BUSINESS
SYSTEMS.—Section 
2222(j)(6) of title 10, United States Code, is amended by 
striking ‘‘in section 2315 of this title’’ and inserting ‘‘in 
section 3542(b)(2) of title 44’’. 
(b) CHIEF INFORMATION OFFICER RESPONSIBIL-
ITIES.—Section 2223(c)(3) of such title is amended by 
striking ‘‘section 11103 of title 40’’ and inserting ‘‘section 
3542(b)(2) of title 44’’. 
(c) PROCUREMENT
OF AUTOMATIC DATA PROC-
ESSING EQUIPMENT AND SERVICES.—The text of section 
2315 of such title is amended to read as follows: 
‘‘For purposes of subtitle III of title 40, the term ‘na-
tional security system’, with respect to a telecommuni-
cations and information system operated by the Depart-
348
ment of Defense, has the meaning given that term by sec-
tion 3542(b)(2) of title 44.’’. 
SEC. 902. CORRECTION OF REFERENCE TO PREDECESSOR 
OF DEFENSE INFORMATION SYSTEMS AGEN-
CY. 
Paragraph (1) of section 193(f) of title 10, United 
States Code, is amended to read as follows: 
‘‘(1) The Defense Information Systems Agen-
cy.’’. 
SEC. 903. ADDITION TO MEMBERSHIP OF SPECIFIED COUN-
CIL. 
Section 179(a) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(5) The commander of the United States Stra-
tegic Command.’’. 
SEC. 904. CONSOLIDATION AND STANDARDIZATION OF AU-
THORITIES RELATING TO DEPARTMENT OF 
DEFENSE REGIONAL CENTERS FOR SECU-
RITY STUDIES. 
(a) BASIC AUTHORITIES FOR REGIONAL CENTERS.—
(1) IN
GENERAL.—Section 184 of title 10, 
United States Code, is amended to read as follows:
349
‘‘§ 184. Regional Centers for Security Studies 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
administer the Department of Defense Regional Centers 
for Security Studies in accordance with this section as 
international venues for bilateral and multilateral re-
search, communication, and exchange of ideas involving 
military and civilian participants. 
‘‘(b) REGIONAL CENTERS SPECIFIED.—(1) A De-
partment of Defense Regional Center for Security Studies 
is a Department of Defense institution that—
‘‘(A) is operated, and designated as such, by 
the Secretary of Defense for the study of security 
issues relating to a specified geographic region of 
the world; and 
‘‘(B) serves as a forum for bilateral and multi-
lateral research, communication, and exchange of 
ideas involving military and civilian participants. 
‘‘(2) The Department of Defense Regional Centers 
for Security Studies are the following: 
‘‘(A) The George C. Marshall European Center 
for Security Studies, established in 1993 and located 
in Garmisch-Partenkirchen, Germany. 
‘‘(B) The Asia-Pacific Center for Security Stud-
ies, established in 1995 and located in Honolulu, 
Hawaii.
350
‘‘(C) The Center for Hemispheric Defense 
Studies, established in 1997 and located in Wash-
ington, D.C. 
‘‘(D) The Africa Center for Strategic Studies, 
established in 1999 and located in Washington, D.C. 
‘‘(E) The Near East South Asia Center for 
Strategic Studies, established in 2000 and located in 
Washington, D.C. 
‘‘(3) No institution or element of the Department of 
Defense may be designated as a Department of Defense 
Regional Center for Security Studies for purposes of this 
section, other than the institutions specified in paragraph 
(2), except as specifically provided by law after the date 
of the enactment of this section. 
‘‘(c) REGULATIONS.—The administration of the Re-
gional Centers under this section shall be carried out 
under regulations prescribed by the Secretary. 
‘‘(d) PARTICIPATION.—Participants in activities of 
the Regional Centers may include United States military 
and civilian personnel, governmental and nongovernmental 
personnel, and foreign military and civilian, governmental 
and nongovernmental personnel. 
‘‘(e) EMPLOYMENT
AND COMPENSATION
OF FAC-
ULTY.—At each Regional Center, the Secretary may, sub-
ject to appropriations—
351
‘‘(1) employ a Director, a Deputy Director, and 
as many civilians as professors, instructors, and lec-
turers as the Secretary considers necessary; and 
‘‘(2) prescribe the compensation of such per-
sons, in accordance with Federal guidelines. 
‘‘(f) PAYMENT OF COSTS.—(1) Participation in ac-
tivities of a Regional Center shall be on a reimbursable 
basis (or by payment in advance), except in a case in 
which reimbursement is waived in accordance with para-
graph (3). 
‘‘(2) For a foreign national participant, payment of 
costs may be made by the participant, the participant’s 
own government, by a Department or agency of the United 
States other than the Department of Defense, or by a gift 
or donation on behalf of one or more Regional Centers 
accepted under section 2611 of this title on behalf of the 
participant’s government. 
‘‘(3) The Secretary of Defense may waive reimburse-
ment of the costs of activities of the Regional Centers for 
foreign military officers and foreign defense and security 
civilian government officials from a developing country if 
the Secretary determines that attendance of such per-
sonnel without reimbursement is in the national security 
interest of the United States. Costs for which reimburse-
352
ment is waived pursuant to this paragraph shall be paid 
from appropriations available to the Regional Centers. 
‘‘(4) Funds accepted for the payment of costs shall 
be credited to the appropriation then currently available 
to the Department of Defense for the Regional Center that 
incurred the costs. Funds so credited shall be merged with 
the appropriation to which credited and shall be available 
to that Regional Center for the same purposes and same 
period as the appropriation with which merged. 
‘‘(5) Funds available for the payment of personnel 
expenses under the Latin American cooperation authority 
set forth in section 1050 of this title are also available 
for the costs of the operation of the Center for Hemi-
spheric Defense Studies. 
‘‘(g) SUPPORT TO OTHER AGENCIES.—The Director 
of a Regional Center may enter into agreements with the 
Secretaries of the military departments, the heads of the 
Defense Agencies, and, with the concurrence of the Sec-
retary of Defense, the heads of other Federal departments 
and agencies for the provision of services by that Regional 
Center under this section. Any such participating depart-
ment and agency shall transfer to the Regional Center 
funds to pay the full costs of the services received. 
‘‘(h) ANNUAL REPORT.—Not later than February 1 
of each year, the Secretary of Defense shall submit to the
353
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives 
a report on the operation of the Regional Centers for secu-
rity studies during the preceding fiscal year. The annual 
report shall include, for each Regional Center, the fol-
lowing information: 
‘‘(1) The status and objectives of the center. 
‘‘(2) The budget of the center, including the 
costs of operating the center. 
‘‘(3) A description of the extent of the inter-
national participation in the programs of the center, 
including the costs incurred by the United States for 
the participation of each foreign nation. 
‘‘(4) A description of the foreign gifts and do-
nations, if any, accepted under section 2611 of this 
title.’’. 
(2) CLERICAL AMENDMENT.—The item relating 
to such section in the table of sections at the begin-
ning of chapter 7 of such title is amended to read 
as follows:
‘‘184. Regional Centers for Security Studies.’’.
(b) CONFORMING AMENDMENTS.—
(1) EMPLOYMENT
AND
COMPENSATION
AU-
THORITY FOR CIVILIAN FACULTY.—Section 1595 of 
title 10, United States Code, is amended—
(A) in subsection (c)—
354
(i) by striking paragraphs (3) and (5); 
and 
(ii) by redesignating paragraphs (4) 
and (6) as paragraphs (3) and (4), respec-
tively; and 
(B) by striking subsection (e). 
(2) STATUS OF CENTER FOR HEMISPHERIC DE-
FENSE STUDIES.—Section 2165 of title 10, United 
States Code, is amended—
(A) in subsection (b)—
(i) by striking paragraph (6); and 
(ii) by redesignating paragraph (7) as 
paragraph (6); and 
(B) by striking subsection (c). 
SEC. 905. REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY 
AND MARINE CORPS. 
(a) REDESIGNATION OF MILITARY DEPARTMENT.—
The military department designated as the Department of 
the Navy is redesignated as the Department of the Navy 
and Marine Corps. 
(b) REDESIGNATION
OF SECRETARY
AND OTHER 
STATUTORY OFFICES.—
355
(1) SECRETARY.—The position of the Secretary 
of the Navy is redesignated as the Secretary of the 
Navy and Marine Corps. 
(2) OTHER
STATUTORY
OFFICES.—The posi-
tions of the Under Secretary of the Navy, the four 
Assistant Secretaries of the Navy, and the General 
Counsel of the Department of the Navy are redesig-
nated as the Under Secretary of the Navy and Ma-
rine Corps, the Assistant Secretaries of the Navy 
and Marine Corps, and the General Counsel of the 
Department of the Navy and Marine Corps, respec-
tively. 
(c) CONFORMING
AMENDMENTS
TO
TITLE
10, 
UNITED STATES CODE.—
(1) 
DEFINITION
OF
‘‘MILITARY
DEPART-
MENT’’.—Paragraph (8) of section 101(a) of title 
10, United States Code, is amended to read as fol-
lows: 
‘‘(8) The term ‘military department’ means the 
Department of the Army, the Department of the 
Navy and Marine Corps, and the Department of the 
Air Force.’’. 
(2) ORGANIZATION OF DEPARTMENT.—The text 
of section 5011 of such title is amended to read as 
follows: ‘‘The Department of the Navy and Marine
356
Corps is separately organized under the Secretary of 
the Navy and Marine Corps.’’. 
(3) 
POSITION
OF
SECRETARY.—Section 
5013(a)(1) of such title is amended by striking 
‘‘There is a Secretary of the Navy’’ and inserting 
‘‘There is a Secretary of the Navy and Marine 
Corps’’. 
(4) CHAPTER HEADINGS.—
(A) The heading of chapter 503 of such 
title is amended to read as follows: 
‘‘CHAPTER 503—DEPARTMENT OF THE 
NAVY AND MARINE CORPS’’. 
(B) The heading of chapter 507 of such 
title is amended to read as follows: 
‘‘CHAPTER 507—COMPOSITION OF THE DE-
PARTMENT OF THE NAVY AND MARINE 
CORPS’’. 
(5) OTHER AMENDMENTS.—
(A) Title 10, United States Code, is 
amended by striking ‘‘Department of the Navy’’ 
and ‘‘Secretary of the Navy’’ each place they 
appear other than as specified in paragraphs 
(1), (2), (3), and (4) (including in section head-
ings, subsection captions, tables of chapters, 
and tables of sections) and inserting ‘‘Depart-
357
ment of the Navy and Marine Corps’’ and ‘‘Sec-
retary of the Navy and Marine Corps’’, respec-
tively, in each case with the matter inserted to 
be in the same typeface and typestyle as the 
matter stricken. 
(B)(i) 
Sections 
5013(f), 
5014(b)(2), 
5016(a), 5017(2), 5032(a), and 5042(a) of 
such title are amended by striking ‘‘Assistant 
Secretaries of the Navy’’ and inserting ‘‘Assist-
ant Secretaries of the Navy and Marine Corps’’. 
(ii) The heading of section 5016 of such 
title, and the item relating to such section in 
the table of sections at the beginning of chapter 
503 of such title, are each amended by insert-
ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 
with the matter inserted in each case to be in 
the same typeface and typestyle as the matter 
amended. 
(d) TITLE 37, UNITED STATES CODE.—Title 37, 
United States Code, is amended by striking ‘‘Department 
of the Navy’’ and ‘‘Secretary of the Navy’’ each place they 
appear and inserting ‘‘Department of the Navy and Ma-
rine Corps’’ and ‘‘Secretary of the Navy and Marine 
Corps’’, respectively.