John Warner National Defense Authorization Act for Fiscal Year 2007
PL 109-364 (H.R.5122), enacted 10/17/2006

120 STAT. 2083
PUBLIC LAW 109–364—OCT. 17, 2006
Public Law 109–364
109th Congress
An Act
To authorize appropriations for fiscal year 2007 for military activities of the
Department of Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe military personnel strengths for such
fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘John Warner
National Defense Authorization Act for Fiscal Year 2007’’.
(b) FINDINGS.—Congress makes the following findings:
(1) Senator John Warner of Virginia was elected a member
of the United States Senate on November 7, 1978, for a full
term beginning on January 3, 1979. He was subsequently
appointed by the Governor of Virginia to fill a vacancy on
January 2, 1979, and has served continuously since that date.
He was appointed a member of the Committee on Armed Serv-
ices in January 1979, and has served continuously on the
Committee since that date, a period of nearly 28 years. Senator
Warner’s service on the Committee represents nearly half of
its existence since it was established after World War II.
(2) Senator Warner came to the Senate and the Committee
on Armed Services after a distinguished record of service to
the Nation, including combat service in the Armed Forces and
high civilian office.
(3) Senator Warner enlisted in the United States Navy
upon graduation from high school in 1945, and served until
the summer of 1946, when he was discharged as a Petty Officer
3rd Class. He then attended Washington and Lee University
on the G.I. Bill. He graduated in 1949 and entered the Univer-
sity of Virginia Law School.
(4) Upon the outbreak of the Korean War in 1950, Senator
Warner volunteered for active duty, interrupting his education
to accept a commission in the United States Marine Corps.
He served in combat in Korea as a ground officer in the First
Marine Air Wing. Following his active service, he remained
in the Marine Corps Reserve for several years, attaining the
rank of captain.
(5) Senator Warner resumed his legal education upon
returning from the Korean War and graduated from the Univer-
sity of Virginia Law School in 1953. He was selected by the
late Chief Judge E. Barrett Prettyman of the United States
Court of Appeals for the District of Columbia Circuit as his
law clerk. After his service to Judge Prettyman, Senator Warner
John Warner
National Defense
Authorization
Act for Fiscal
Year 2007.
Oct. 17, 2006
[H.R. 5122]
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120 STAT. 2084
PUBLIC LAW 109–364—OCT. 17, 2006
became an Assistant United States Attorney in the District
of Columbia, and later entered private law practice.
(6) In 1969, the Senate gave its advice and consent to
the appointment of Senator Warner as Under Secretary of
the Navy. He served in this position until 1972, when he
was confirmed and appointed as the 61st Secretary of the
Navy since the office was established in 1798. As Secretary,
Senator Warner was the principal United States negotiator
and signatory of the Incidents at Sea Executive Agreement
with the Soviet Union, which was signed in 1972 and remains
in effect today. It has served as the model for similar agree-
ments between states covering the operation of naval ships
and aircraft in international sea lanes throughout the world.
(7) Senator Warner left the Department of the Navy in
1974. His next public service was as Administrator of the
American 
Revolution 
Bicentennial 
Commission. 
In 
this
capacity, he coordinated the celebration of the Nation’s
founding, directing the Federal role in all 50 States and in
over 20 foreign nations.
(8) Senator Warner has served as chairman of the Com-
mittee on Armed Services of the United States Senate from
1999 to 2001, and again since January 2003. He served as
ranking minority member of the committee from 1987 to 1993,
and again from 2001 to 2003. Senator Warner concludes his
service as chairman at the end of the 109th Congress, but
will remain a member of the committee.
(9) This Act is the twenty-eighth annual authorization Act
for the Department of Defense for which Senator Warner has
taken a major responsibility as a member of the Committee
on Armed Services of the United States Senate, and the four-
teenth for which he has exercised a leadership role as chairman
or ranking minority member of the committee.
(10) Senator Warner, as seaman, Marine officer, Under
Secretary and Secretary of the Navy, and member, ranking
minority member, and chairman of the Committee on Armed
Services of the United States Senate, has made unique and
lasting contributions to the national security of the United
States.
(11) It is altogether fitting and proper that this Act, the
last annual authorization Act for the national defense managed
by Senator Warner in and for the United States Senate as
chairman of the Committee on Armed Services, be named in
his honor, as provided in subsection (a).
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into three divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
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120 STAT. 2085
PUBLIC LAW 109–364—OCT. 17, 2006
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B—Army Programs
Sec. 111. Sense of Congress on future multiyear procurement authority for Family
of Medium Tactical Vehicles.
Sec. 112. Multiyear procurement authority for MH–60R helicopters and mission
equipment.
Sec. 113. Funding profile for Modular Force Initiative of the Army.
Sec. 114. Bridge to Future Networks program.
Sec. 115. Comptroller General report on the contract for the Future Combat Sys-
tems program.
Sec. 116. Priority for allocation of replacement equipment to operational units
based on combat mission deployment schedule.
Subtitle C—Navy Programs
Sec. 121. CVN–21 class aircraft carrier procurement.
Sec. 122. Adherence to Navy cost estimates for CVN–21 class of aircraft carriers.
Sec. 123. Modification of limitation on total cost of procurement of CVN–77 aircraft
carrier.
Sec. 124. Construction of first two vessels under the DDG–1000 Next-Generation
Destroyer program.
Sec. 125. Adherence to Navy cost estimates for LHA Replacement amphibious as-
sault ship program.
Sec. 126. Cost limitation for San Antonio (LPD–17) class amphibious ship program.
Sec. 127. Multiyear procurement authority for V–22 tiltrotor aircraft program.
Sec. 128. Alternative technologies for future surface combatants.
Sec. 129. Sense of Congress regarding the size of the attack submarine force.
Sec. 130. Quality control in procurement of ship critical safety items and related
services.
Subtitle D—Air Force Programs
Sec. 131. Bomber force structure.
Sec. 132. Strategic airlift force structure.
Sec. 133. Limitation on retirement of U–2 aircraft.
Sec. 134. Multiyear procurement authority for F–22A Raptor fighter aircraft.
Sec. 135. Limitation on retirement of KC–135E aircraft during fiscal year 2007.
Sec. 136. Limitation on retirement of F–117A aircraft during fiscal year 2007.
Sec. 137. Limitation on retirement of C–130E tactical airlift aircraft.
Sec. 138. Procurement of Joint Primary Aircraft Training System aircraft after fis-
cal year 2006.
Sec. 139. Minuteman III intercontinental ballistic missile modernization.
Subtitle E—Joint and Multiservice Matters
Sec. 141. Clarification of limitation on initiation of new unmanned aerial vehicle
systems.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Acquisition of, and independent cost analyses for, the Joint Strike Fighter
propulsion system.
Sec. 212. Expansion and extension of authority to award prizes for advanced tech-
nology achievements.
Sec. 213. Defense Acquisition Challenge Program extension, enhancement, and
modification to address critical cost growth threshold breaches in major
defense acquisition programs.
Sec. 214. Future Combat Systems milestone review.
Sec. 215. Dedicated amounts for implementing or evaluating Navy shipbuilding
technology proposals under Defense Acquisition Challenge Program.
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120 STAT. 2086
PUBLIC LAW 109–364—OCT. 17, 2006
Sec. 216. Independent estimate of costs of the Future Combat Systems.
Sec. 217. Funding of defense science and technology programs.
Sec. 218. Hypersonics development.
Sec. 219. Report on program for replacement of nuclear warheads on certain Tri-
dent sea-launched ballistic missiles with conventional warheads.
Subtitle C—Missile Defense Programs
Sec. 221. Fielding of ballistic missile defense capabilities.
Sec. 222. Limitation on use of funds for space-based interceptor.
Sec. 223. Policy of the United States on priorities in the development, testing, and
fielding of missile defense capabilities.
Sec. 224. One-year extension of Comptroller General assessments of ballistic mis-
sile defense programs.
Sec. 225. Submittal of plans for test and evaluation of the operational capability of
the Ballistic Missile Defense System.
Sec. 226. Annual reports on transition of ballistic missile defense programs to the
military departments.
Subtitle D—Other Matters
Sec. 231. Policies and practices on test and evaluation to address emerging acquisi-
tion approaches.
Sec. 232. Extension of requirement for Global Research Watch Program.
Sec. 233. Sense of Congress on technology sharing of Joint Strike Fighter tech-
nology.
Sec. 234. Report on vehicle-based active protection systems for certain battlefield
threats.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B—Environmental Provisions
Sec. 311. Revision of requirement for unexploded ordnance program manager.
Sec. 312. Funding of cooperative agreements under environmental restoration pro-
gram.
Sec. 313. Response plan for remediation of unexploded ordnance, discarded military
munitions, and munitions constituents.
Sec. 314. Research on effects of ocean disposal of munitions.
Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in
connection with Moses Lake Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 316. Transfer of Government-furnished uranium stored at Sequoyah Fuels
Corporation, Gore, Oklahoma.
Sec. 317. Extension of authority to grant exemptions to certain requirements.
Sec. 318. National Academy of Sciences study on human exposure to contaminated
drinking water at Camp Lejeune, North Carolina.
Subtitle C—Program Requirements, Restrictions, and Limitations
Sec. 321. Limitation on financial management improvement and audit initiatives
within the Department of Defense.
Sec. 322. Funds for exhibits for the national museums of the Armed Forces.
Sec. 323. Prioritization of funds for equipment readiness and strategic capability.
Sec. 324. Limitation on deployment of Marine Corps Total Force System to Navy.
Subtitle D—Workplace and Depot Issues
Sec. 331. Permanent exclusion of certain contract expenditures from percentage
limitation on the performance of depot-level maintenance.
Sec. 332. Minimum capital investment for certain depots.
Sec. 333. Extension of temporary authority for contractor performance of security
guard functions.
Subtitle E—Reports
Sec. 341. Report on Navy Fleet Response Plan.
Sec. 342. Report on Navy surface ship rotational crew programs.
Sec. 343. Report on Army live-fire ranges in Hawaii.
Sec. 344. Comptroller General report on joint standards and protocols for access
control systems at Department of Defense installations.
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120 STAT. 2087
PUBLIC LAW 109–364—OCT. 17, 2006
Sec. 345. Comptroller General report on readiness of Army and Marine Corps
ground forces.
Sec. 346. Report on Air Force safety requirements for Air Force flight training oper-
ations at Pueblo Memorial Airport, Colorado.
Sec. 347. Annual report on Personnel Security Investigations for Industry and Na-
tional Industrial Security Program.
Sec. 348. Five-year extension of annual report on training range sustainment plan
and training range inventory.
Sec. 349. Reports on withdrawal or diversion of equipment from reserve units for
support of reserve units being mobilized and other units.
Subtitle F—Other Matters
Sec. 351. Department of Defense strategic policy on prepositioning of materiel and
equipment.
Sec. 352. Authority to make Department of Defense horses available for adoption.
Sec. 353. Sale and use of proceeds of recyclable munitions materials.
Sec. 354. Recovery and transfer to Corporation for the Promotion of Rifle Practice
and Firearms Safety of certain firearms, ammunition, and parts granted
to foreign countries.
Sec. 355. Extension of Department of Defense telecommunications benefit program.
Sec. 356. Extension of availability of funds for commemoration of success of the
Armed Forces in Operation Enduring Freedom and Operation Iraqi
Freedom.
Sec. 357. Capital security cost sharing.
Sec. 358. Utilization of fuel cells as back-up power systems in Department of De-
fense operations.
Sec. 359. Improving Department of Defense support for civil authorities.
Sec. 360. Energy efficiency in weapons platforms.
Sec. 361. Prioritization of funds within Navy mission operations, ship maintenance,
combat support forces, and weapons system support.
Sec. 362. Provision of adequate storage space to secure personal property outside
of assigned military family housing unit.
Sec. 363. Expansion of payment of replacement value of personal property damaged
during transport at Government expense.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps active duty
end strengths for fiscal years 2008 and 2009.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2007 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active duty
for operational support.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
PART I—OFFICER PERSONNEL POLICY GENERALLY
Sec. 501. Military status of officers serving in certain intelligence community posi-
tions.
Sec. 502. Extension of age for mandatory retirement for active-duty general and
flag officers.
Sec. 503. Increased mandatory retirement ages for reserve officers.
Sec. 504. Standardization of grade of senior dental officer of the Air Force with that
of senior dental officer of the Army.
Sec. 505. Management of chief warrant officers.
Sec. 506. Extension of temporary reduction of time-in-grade requirement for eligi-
bility for promotion for certain active-duty list officers in grades of first
lieutenant and lieutenant (junior grade).
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120 STAT. 2088
PUBLIC LAW 109–364—OCT. 17, 2006
Sec. 507. Grade and exclusion from active-duty general and flag officer distribution
and strength limitations of officer serving as Attending Physician to the
Congress.
Sec. 508. Modification of qualifications for leadership of the Naval Postgraduate
School.
PART II—OFFICER PROMOTION POLICY
Sec. 511. Revisions to authorities relating to authorized delays of officer pro-
motions.
Sec. 512. Consideration of adverse information by selection boards in recommenda-
tions on officers to be promoted.
Sec. 513. Expanded authority for removal from reports of selection boards of offi-
cers recommended for promotion to grades below general and flag
grades.
Sec. 514. Special selection board authorities.
Sec. 515. Removal from promotion list of officers not promoted within 18 months
of approval of list by the President.
PART III—JOINT OFFICER MANAGEMENT REQUIREMENTS
Sec. 516. Modification and enhancement of general authorities on management of
officers who are joint qualified.
Sec. 517. Modification of promotion policy objectives for joint officers.
Sec. 518. Applicability of joint duty assignment requirements limited to graduates
of National Defense University schools.
Sec. 519. Modification of certain definitions relating to jointness.
Subtitle B—Reserve Component Matters
PART I—RESERVE COMPONENT MANAGEMENT
Sec. 521. Recognition of former Representative G. V. ‘Sonny’ Montgomery for his 30
years of service in the House of Representatives.
Sec. 522. Revisions to reserve call-up authority.
Sec. 523. Military retirement credit for certain service by National Guard members
performed while in a State duty status immediately after the terrorist
attacks of September 11, 2001.
PART II—AUTHORITIES RELATING TO GUARD AND RESERVE DUTY
Sec. 524. Title 10 definition of Active Guard and Reserve duty.
Sec. 525. Authority for Active Guard and Reserve duties to include support of oper-
ational missions assigned to the reserve components and instruction and
training of active-duty personnel.
Sec. 526. Governor’s authority to order members to Active Guard and Reserve duty.
Sec. 527. Expansion of operations of civil support teams.
Sec. 528. Modification of authorities relating to the Commission on the National
Guard and Reserves.
Sec. 529. Additional matters to be reviewed by Commission on the National Guard
and Reserves.
Subtitle C—Education and Training
PART I—SERVICE ACADEMIES
Sec. 531. Expansion of service academy exchange programs with foreign military
academies.
Sec. 532. Revision and clarification of requirements with respect to surveys and re-
ports concerning sexual harassment and sexual violence at the service
academies.
Sec. 533. Department of Defense policy on service academy and ROTC graduates
seeking to participate in professional sports before completion of their
active-duty service obligations.
PART II—SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAMS
Sec. 535. Authority to permit members who participate in the guaranteed reserve
forces duty scholarship program to participate in the health professions
scholarship program and serve on active duty.
Sec. 536. Detail of commissioned officers as students at medical schools.
Sec. 537. Increase in maximum amount of repayment under education loan repay-
ment for officers in specified health professions.
Sec. 538. Health Professions Scholarship and Financial Assistance Program for Ac-
tive Service.
PART III—JUNIOR ROTC PROGRAM
Sec. 539. Junior Reserve Officers’ Training Corps instructor qualifications.
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120 STAT. 2089
PUBLIC LAW 109–364—OCT. 17, 2006
Sec. 540. Expansion of members eligible to be employed to provide Junior Reserve
Officers’ Training Corps instruction.
Sec. 541. Expansion of Junior Reserve Officers’ Training Corps program.
Sec. 542. Review of legal status of Junior ROTC program.
PART IV—OTHER EDUCATION AND TRAINING PROGRAMS
Sec. 543. Expanded eligibility for enlisted members for instruction at Naval Post-
graduate School.
Subtitle D—General Service Authorities
Sec. 546. Test of utility of test preparation guides and education programs in en-
hancing recruit candidate performance on the Armed Services Voca-
tional Aptitude Battery (ASVAB) and Armed Forces Qualification Test
(AFQT).
Sec. 547. Clarification of nondisclosure requirements applicable to certain selection
board proceedings.
Sec. 548. Report on extent of provision of timely notice of long-term deployments.
Subtitle E—Military Justice Matters
Sec. 551. Applicability of Uniform Code of Military Justice to members of the
Armed Forces ordered to duty overseas in inactive duty for training sta-
tus.
Sec. 552. Clarification of application of Uniform Code of Military Justice during a
time of war.
Subtitle F—Decorations and Awards
Sec. 555. Authority for presentation of Medal of Honor Flag to living Medal of
Honor recipients and to living primary next-of-kin of deceased Medal of
Honor recipients.
Sec. 556. Review of eligibility of prisoners of war for award of the Purple Heart.
Sec. 557. Report on Department of Defense process for awarding decorations.
Subtitle G—Matters Relating to Casualties
Sec. 561. Authority for retention after separation from service of assistive tech-
nology and devices provided while on active duty.
Sec. 562. Transportation of remains of casualties dying in a theater of combat oper-
ations.
Sec. 563.
Annual budget display of funds for POW/MIA activities of Department
of Defense.
Sec. 564. Military Severely Injured Center.
Sec. 565. Comprehensive review on procedures of the Department of Defense on
mortuary affairs.
Sec. 566. Additional elements of policy on casualty assistance to survivors of mili-
tary decedents.
Sec. 567.
Requirement for deploying military medical personnel to be trained in
preservation of remains under combat or combat-related conditions.
Subtitle H—Impact Aid and Defense Dependents Education System
Sec. 571. Enrollment in defense dependents’ education system of dependents of for-
eign military members assigned to Supreme Headquarters Allied Pow-
ers, Europe.
Sec. 572. Continuation of authority to assist local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 573. Impact aid for children with severe disabilities.
Sec. 574. Plan and authority to assist local educational agencies experiencing
growth in enrollment due to force structure changes, relocation of mili-
tary units, or base closures and realignments.
Sec. 575. Pilot program on parent education to promote early childhood education
for dependent children affected by military deployment or relocation of
military units.
Subtitle I—Armed Forces Retirement Home
Sec. 578. Report on leadership and management of the Armed Forces Retirement
Home.
Sec. 579. Report on Local Boards of Trustees of the Armed Forces Retirement
Home.
Subtitle J—Reports
Sec. 581. Report on personnel requirements for airborne assets identified as Low-
Density, High-Demand Airborne Assets.
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PUBLIC LAW 109–364—OCT. 17, 2006
Sec. 582. Report on feasibility of establishment of Military Entrance Processing
Command station on Guam.
Sec. 583. Inclusion in annual Department of Defense report on sexual assaults of
information on results of disciplinary actions.
Sec. 584. Report on provision of electronic copy of military records on discharge or
release of members from the Armed Forces.
Sec. 585. Report on omission of social security account numbers from military iden-
tification cards.
Sec. 586. Report on maintenance and protection of data held by the Secretary of
Defense as part of the Department of Defense Joint Advertising, Market
Research and Studies (JAMRS) program.
Sec. 587. Comptroller General report on military conscientious objectors.
Subtitle K—Other Matters
Sec. 591. Modification in Department of Defense contributions to Military Retire-
ment Fund.
Sec. 592. Revision in Government contributions to Medicare-Eligible Retiree Health
Care Fund.
Sec. 593. Dental Corps of the Navy Bureau of Medicine and Surgery.
Sec. 594. Permanent authority for presentation of recognition items for recruitment
and retention purposes.
Sec. 595. Persons authorized to administer enlistment and appointment oaths.
Sec. 596. Military voting matters.
Sec. 597. Physical evaluation boards.
Sec. 598. Military ID cards for retiree dependents who are permanently disabled.
Sec. 599. United States Marine Band and United States Marine Drum and Bugle
Corps.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Fiscal year 2007 increase in military basic pay and reform of basic pay
rates.
Sec. 602. Increase in maximum rate of basic pay for general and flag officer grades
to conform to increase in pay cap for Senior Executive Service personnel.
Sec. 603. One-year extension of prohibition against requiring certain injured mem-
bers to pay for meals provided by military treatment facilities.
Sec. 604. Availability of second basic allowance for housing for certain reserve com-
ponent or retired members serving in support of contingency operations.
Sec. 605. Extension of temporary continuation of housing allowance for dependents
of members dying on active duty to spouses who are also members.
Sec. 606. Payment of full premium for coverage under Servicemembers’ Group Life
Insurance program during service in Operation Enduring Freedom or
Operation Iraqi Freedom.
Sec. 607. Clarification of effective date of prohibition on compensation for cor-
respondence courses.
Sec. 608. Extension of pilot program on contributions to Thrift Savings Plan for ini-
tial enlistees in the Army.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for health care pro-
fessionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear officers.
Sec. 614. Extension of authorities relating to payment of other bonuses and special
pays.
Sec. 615. Expansion of eligibility of dental officers for additional special pay.
Sec. 616. Increase in maximum annual rate of special pay for Selected Reserve
health care professionals in critically short wartime specialties.
Sec. 617. Expansion and enhancement of accession bonus authorities for certain of-
ficers in health care specialities.
Sec. 618. Authority to provide lump sum payment of nuclear officer incentive pay.
Sec. 619. Increase in maximum amount of nuclear career accession bonus.
Sec. 620. Increase in maximum amount of incentive bonus for transfer between
Armed Forces.
Sec. 621. Additional authorities and incentives to encourage retired members and
reserve component members to volunteer to serve on active duty in
high-demand, low-density assignments.
Sec. 622. Accession bonus for members of the Armed Forces appointed as commis-
sioned officers after completing officer candidate school.
Sec. 623. Modification of certain authorities applicable to the targeted shaping of
the Armed Forces.
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Sec. 624. Enhancement of bonus to encourage certain persons to refer other persons
for enlistment in the Army.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for transportation of family mem-
bers incident to illness or injury of members.
Subtitle D—Retired Pay and Survivor Benefits
Sec. 641. Retired pay of general and flag officers to be based on rates of basic pay
provided by law.
Sec. 642. Inapplicability of retired pay multiplier maximum percentage to certain
service of members of the Armed Forces in excess of 30 years.
Sec. 643. Military Survivor Benefit Plan beneficiaries under insurable interest cov-
erage.
Sec. 644. Modification of eligibility for commencement of authority for optional an-
nuities for dependents under the Survivor Benefit Plan.
Sec. 645. Study of training costs, manning, operations tempo, and other factors that
affect retention of members of the Armed Forces with special operations
designations.
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 661. Treatment of price surcharges of certain merchandise sold at commissary
stores.
Sec. 662. Limitations on lease of non-excess Department of Defense property for
protection of morale, welfare, and recreation activities and revenue.
Sec. 663. Report on cost effectiveness of purchasing commercial insurance for com-
missary and exchange facilities and facilities of other morale, welfare,
and recreation programs and nonappropriated fund instrumentalities.
Sec. 664. Study and report regarding access of disabled persons to morale, welfare,
and recreation facilities and activities.
Subtitle F—Other Matters
Sec. 670. Limitations on terms of consumer credit extended to servicemembers and
dependents.
Sec. 671. Enhancement of authority to waive claims for overpayment of pay and al-
lowances and travel and transportation allowances.
Sec. 672. Exception for notice to consumer reporting agencies regarding debts or er-
roneous payments pending a decision to waive, remit, or cancel.
Sec. 673. Expansion and enhancement of authority to remit or cancel indebtedness
of members and former members of the Armed Forces incurred on active
duty.
Sec. 674. Phased recovery of overpayments of pay made to members of the uni-
formed services.
Sec. 675. Joint family support assistance program.
Sec. 676. Special working group on transition to civilian employment of National
Guard and Reserve members returning from deployment in Operation
Iraqi Freedom or Operation Enduring Freedom.
Sec. 677. Audit of pay accounts of members of the Army evacuated from a combat
zone for inpatient care.
Sec. 678. Report on eligibility and provision of assignment incentive pay.
Sec. 679. Sense of Congress calling for payment to World War II veterans who sur-
vived Bataan Death March.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE Program Improvements
Sec. 701. TRICARE coverage for forensic examination following sexual assault or
domestic violence.
Sec. 702. Authorization of anesthesia and other costs for dental care for children
and certain other patients.
Sec. 703. Improvements to descriptions of cancer screening for women.
Sec. 704. Prohibition on increases in certain health care costs for members of the
uniformed services.
Sec. 705. Demonstration project on coverage of selected over-the-counter drugs
under the pharmacy benefits program.
Sec. 706. Expanded eligibility of Selected Reserve members under TRICARE pro-
gram.
Sec. 707. Relationship between the TRICARE program and employer-sponsored
group health care plans.
Sec. 708. Temporary prohibition on increase in copayments under retail pharmacy
system of pharmacy benefits program.
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Subtitle B—Studies and Reports
Sec. 711. Department of Defense task force on the future of military health care.
Sec. 712. Study relating to chiropractic health care services.
Sec. 713. Comptroller General audits of Department of Defense health care costs
and cost-saving measures.
Sec. 714. Transfer of custody of the Air Force Health Study assets to Medical Fol-
low-up Agency.
Sec. 715. Study on allowing dependents of activated members of reserve compo-
nents to retain civilian health care coverage.
Sec. 716. Study of health effects of exposure to depleted uranium.
Sec. 717. Report and plan on services to military dependent children with autism.
Sec. 718. Comptroller General study on Department of Defense pharmacy benefits
program.
Sec. 719. Review of Department of Defense medical quality improvement program.
Sec. 720. Report on distribution of hemostatic agents for use in the field.
Sec. 721. Longitudinal study on traumatic brain injury incurred by members of the
Armed Forces in Operation Iraqi Freedom and Operation Enduring
Freedom.
Subtitle C—Planning, Programming, and Management
Sec. 731. Standardization of claims processing under TRICARE program and Medi-
care program.
Sec. 732. Requirements for support of military treatment facilities by civilian con-
tractors under TRICARE.
Sec. 733. Standards and tracking of access to health care services for wounded, in-
jured, or ill servicemembers returning to the United States from a com-
bat zone.
Sec. 734. Disease and chronic care management.
Sec. 735. Additional elements of assessment of Department of Defense task force on
mental health relating to mental health of members who were deployed
in Operation Iraqi Freedom and Operation Enduring Freedom.
Sec. 736. Additional authorized option periods for extension of current contracts
under TRICARE.
Sec. 737. Military vaccination matters.
Sec. 738. Enhanced mental health screening and services for members of the
Armed Forces.
Subtitle D—Other Matters
Sec. 741. Pilot projects on early diagnosis and treatment of post traumatic stress
disorder and other mental health conditions.
Sec. 742. Requirement to certify and report on conversion of military medical and
dental positions to civilian medical and dental positions.
Sec. 743. Three-year extension of joint incentives program on sharing of health care
resources by the Department of Defense and Department of Veterans
Affairs.
Sec. 744. Training curricula for family caregivers on care and assistance for mem-
bers and former members of the Armed Forces with traumatic brain in-
jury.
Sec. 745. Recognition of Representative Lane Evans upon his retirement from the
House of Representatives.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Requirements management certification training program.
Sec. 802. Additional requirements relating to technical data rights.
Sec. 803. Study and report on revisions to Selected Acquisition Report require-
ments.
Sec. 804. Biannual updates on implementation of acquisition reform in the Depart-
ment of Defense.
Sec. 805. Additional certification requirements for major defense acquisition pro-
grams before proceeding to Milestone B.
Sec. 806. Original baseline estimate for major defense acquisition programs.
Sec. 807. Lead system integrators.
Subtitle B—Acquisition Policy and Management
Sec. 811. Time-certain development for Department of Defense information tech-
nology business systems.
Sec. 812. Pilot program on time-certain development in acquisition of major weapon
systems.
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Sec. 813. Establishment of Panel on Contracting Integrity.
Sec. 814. Linking of award and incentive fees to acquisition outcomes.
Sec. 815. Report on defense instruction relating to contractor personnel authorized
to accompany Armed Forces.
Sec. 816. Major automated information system programs.
Sec. 817. Internal controls for procurements on behalf of the Department of De-
fense by certain non-defense agencies.
Sec. 818. Determination of contract type for development programs.
Sec. 819. Three-year extension of requirement for reports on commercial price
trend analyses of the Department of Defense.
Sec. 820. Government performance of critical acquisition functions.
Subtitle C—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 831. One-year extension of special temporary contract closeout authority.
Sec. 832. Limitation on contracts for the acquisition of certain services.
Sec. 833. Use of Federal supply schedules by State and local governments for goods
and services for recovery from natural disasters, terrorism, or nuclear,
biological, chemical, or radiological attack.
Sec. 834. Waivers to extend task order contracts for advisory and assistance serv-
ices.
Subtitle D—United States Defense Industrial Base Provisions
Sec. 841. Assessment and annual report of United States defense industrial base
capabilities and acquisitions of articles, materials, and supplies manu-
factured outside the United States.
Sec. 842. Protection of strategic materials critical to national security.
Sec. 843. Strategic Materials Protection Board.
Subtitle E—Other Matters
Sec. 851. Report on former Department of Defense officials employed by contractors
of the Department of Defense.
Sec. 852. Report and regulations on excessive pass-through charges.
Sec. 853. Program manager empowerment and accountability.
Sec. 854. Joint policies on requirements definition, contingency program manage-
ment, and contingency contracting.
Sec. 855. Clarification of authority to carry out certain prototype projects.
Sec. 856. Contracting with employers of persons with disabilities.
Sec. 857. Enhanced access for small business.
Sec. 858. Procurement goal for Hispanic-serving institutions.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Department of Defense Management
Sec. 901. Increase in authorized number of Assistant Secretaries of Defense.
Sec. 902. Modifications to the Combatant Commander Initiative Fund.
Sec. 903. Addition to membership of specified council.
Sec. 904. Consolidation and standardization of authorities relating to Department
of Defense Regional Centers for Security Studies.
Sec. 905. Oversight by Office of Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics of exercise of acquisition authority by combatant
commanders and heads of Defense Agencies.
Sec. 906. Standardization of statutory references to ‘‘national security system’’
within laws applicable to Department of Defense.
Sec. 907. Correction of reference to predecessor of Defense Information Systems
Agency.
Subtitle B—Space Activities
Sec. 911. Designation of successor organizations for the disestablished Interagency
Global Positioning Executive Board.
Sec. 912. Extension of authority for pilot program for provision of space surveil-
lance network services to non-United States Government entities.
Sec. 913. Operationally responsive space.
Sec. 914. Independent review and assessment of Department of Defense organiza-
tion and management for national security in space.
Subtitle C—Chemical Demilitarization Program
Sec. 921. Sense of Congress on completion of destruction of United States chemical
weapons stockpile.
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Sec. 922. Comptroller General review of cost-benefit analysis of off-site versus on-
site treatment and disposal of hydrolysate derived from neutralization
of VX nerve gas at Newport Chemical Depot, Indiana.
Sec. 923. Incentives clauses in chemical demilitarization contracts.
Sec. 924. Chemical demilitarization program contracting authority.
Subtitle D—Intelligence-Related Matters
Sec. 931. Four-year extension of authority of Secretary of Defense to engage in com-
mercial activities as security for intelligence collection activities.
Sec. 932. Annual reports on intelligence oversight activities of the Department of
Defense.
Sec. 933. Collection by National Security Agency of service charges for certification
or validation of information assurance products.
Subtitle E—Other Matters
Sec. 941. Department of Defense policy on unmanned systems.
Sec. 942. Executive Schedule level IV for Deputy Under Secretary of Defense for
Logistics and Materiel Readiness.
Sec. 943. Study and report on reform of Defense Travel System.
Sec. 944. Administration of pilot project on Civilian Linguist Reserve Corps.
Sec. 945. Improvement of authorities on the National Security Education Program.
Sec. 946. Report on the posture of United States Special Operations Command to
conduct the global war on terrorism.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional emergency supplemental appropriations for
fiscal year 2006.
Sec. 1003. Reduction in certain authorizations due to savings relating to lower in-
flation.
Sec. 1004. Increase in fiscal year 2006 general transfer authority.
Sec. 1005. United States contribution to NATO common-funded budgets in fiscal
year 2007.
Sec. 1006. Report on budgeting for fluctuations in fuel cost rates.
Sec. 1007. Modification of date of submittal of OMB/CBO report on scoring of out-
lays.
Sec. 1008. Budgeting for ongoing military operations in Afghanistan and Iraq.
Subtitle B—Policy Relating to Vessels and Shipyards
Sec. 1011. Aircraft carrier force structure.
Sec. 1012. Sense of Congress on naming the CVN–78 aircraft carrier as the U.S.S.
Gerald R. Ford.
Sec. 1013. Transfer of naval vessels to foreign nations based upon vessel class.
Sec. 1014. Overhaul, repair, and maintenance of vessels in foreign shipyards.
Sec. 1015. Report on options for future lease arrangement for Guam Shipyard.
Sec. 1016. Assessments of naval vessel construction efficiencies and of effectiveness
of special contractor incentives.
Sec. 1017. Obtaining carriage by vessel: criterion regarding overhaul, repair, and
maintenance of vessels in the United States.
Sec. 1018. Riding gang member requirements.
Sec. 1019. Authority to transfer SS Arthur M. Huddell to the Government of
Greece.
Subtitle C—Counter-Drug Activities
Sec. 1021. Extension of authority of Department of Defense to provide additional
support for counterdrug activities of other governmental agencies.
Sec. 1022. Extension and expansion of Department of Defense authority to provide
support for counter-drug activities of certain foreign governments.
Sec. 1023. Extension 
of 
authority 
to 
support 
unified 
counterdrug 
and
counterterrorism campaign in Colombia.
Sec. 1024. Continuation of reporting requirement regarding Department of Defense
expenditures to support foreign counterdrug activities.
Sec. 1025. Report on interagency counter-narcotics plan for Afghanistan and South
and Central Asian regions.
Sec. 1026. Report on United States support for Operation Bahamas, Turks &
Caicos.
Subtitle D—Force Structure and Defense Policy Matters
Sec. 1031. Improvements to Quadrennial Defense Review.
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Sec. 1032. Quarterly reports on implementation of 2006 Quadrennial Defense Re-
view Report.
Sec. 1033. Report on feasibility of establishing a regional combatant command for
Africa.
Sec. 1034. Determination of Department of Defense intratheater and intertheater
airlift requirements and sealift mobility requirements.
Sec. 1035. Presidential report on improving interagency support for United States
21st century national security missions and interagency operations in
support of stability, security, transition, and reconstruction operations.
Subtitle E—Reports
Sec. 1041. Additional element in annual report on chemical and biological warfare
defense.
Sec. 1042. Report on biodefense human capital requirements in support of biosafety
laboratories.
Sec. 1043. Report on technologies for neutralizing or defeating threats to military
rotary-wing aircraft from portable air defense systems and rocket-pro-
pelled grenades.
Sec. 1044. Reports on expanded use of unmanned aerial vehicles in the National
Airspace System.
Sec. 1045. Report on incentives to encourage certain members and former members
of the Armed Forces to serve in the Bureau of Customs and Border Pro-
tection.
Sec. 1046. Repeal of certain report requirements.
Sec. 1047. Requirement for identification of recently enacted recurring reporting re-
quirements applicable to the Department of Defense.
Subtitle F—Miscellaneous Authorities and Limitations on Availability and Use of
Funds
Sec. 1051. Acceptance and retention of reimbursement from non-Federal sources to
defray Department of Defense costs of conferences.
Sec. 1052. Increased flexibility in use of funds for Joint Staff exercises.
Sec. 1053. Prohibition on parking of funds.
Sec. 1054. Modification of authorities relating to the Special Inspector General for
Iraq Reconstruction.
Subtitle G—Matters Involving Detainees
Sec. 1061. Provision of information to Congress on certain criminal investigations
and prosecutions involving detainees.
Subtitle H—Other Matters
Sec. 1071. Technical and clerical amendments.
Sec. 1072. Revision to authorities relating to Commission on the Implementation of
the New Strategic Posture of the United States.
Sec. 1073. Revised deadline for submission of final report of EMP Commission.
Sec. 1074. Extension of returning worker exemption to H–2B numerical limitation.
Sec. 1075. Patent term extensions for the badges of the American Legion, the
American Legion Women’s Auxiliary, and the Sons of the American Le-
gion.
Sec. 1076. Use of the Armed Forces in major public emergencies.
Sec. 1077. Increased hunting and fishing opportunities for members of the Armed
Forces, retired members, and disabled veterans.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Sec. 1101. Accrual of annual leave for members of the uniformed services per-
forming dual employment.
Sec. 1102. Strategy for improving the senior management, functional, and technical
workforce of the Department of Defense.
Sec. 1103. Three-year extension of authority for experimental personnel manage-
ment program for scientific and technical personnel.
Sec. 1104. Reports on members of the Armed Forces and civilian employees of the
Department of Defense serving in the legislative branch.
Sec. 1105. Extension of authority to waive annual limitation on total compensation
paid to Federal civilian employees.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Logistic support for allied forces participating in combined operations.
Sec. 1202. Temporary authority to use acquisition and cross-servicing agreements
to lend certain military equipment to foreign forces in Iraq and Afghani-
stan for personnel protection and survivability.
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Sec. 1203. Recodification and revision to law relating to Department of Defense hu-
manitarian demining assistance.
Sec. 1204. Enhancements to Regional Defense Combating Terrorism Fellowship
Program.
Sec. 1205. Participation of the Department of Defense in multinational military
centers of excellence.
Sec. 1206. Modification and extension of authorities relating to program to build
the capacity of foreign military forces.
Sec. 1207. Authority for distribution to certain foreign personnel of education and
training materials and information technology to enhance military inter-
operability.
Subtitle B—Nonproliferation Matters and Countries of Concern
Sec. 1211. North Korea.
Sec. 1212. Report on participation of multinational partners in the United Nations
Command in the Republic of Korea.
Sec. 1213. Intelligence on Iran.
Sec. 1214. Sense of Congress on United States policy on the nuclear programs of
Iran.
Subtitle C—Other Matters
Sec. 1221. Exclusion of petroleum, oil, and lubricants from limitations on annual
amount of liabilities the United States may accrue under acquisition
and cross-servicing agreements.
Sec. 1222. Modification 
of 
limitations 
on 
assistance 
under 
the 
American
Servicemembers’ Protection Act of 2002.
Sec. 1223. Humanitarian support for Iraqi children in urgent need of medical care.
Sec. 1224. Sense of Congress opposing the granting of amnesty by the government
of Iraq to persons known to have attacked, killed, or wounded members
of the United States Armed Forces in Iraq.
Sec. 1225. Annual reports on United States contributions to the United Nations.
Sec. 1226. Comprehensive regional strategy and annual reports on Somalia.
Sec. 1227. Report on the implementation of the Darfur Peace Agreement.
Sec. 1228. Sense of Congress concerning cooperation with Russia on issues per-
taining to missile defense.
Sec. 1229. Sense of Congress calling for convening of a summit for a comprehensive
political agreement for Iraq.
Sec. 1230. Sense of Congress on the commendable actions of the Armed Forces in
Iraq.
Sec. 1231. Annual report on foreign sales of significant military equipment manu-
factured in the United States.
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF
THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Extension of temporary authority to waive limitation on funding for
chemical weapons destruction facility in Russia.
Sec. 1304. National Academy of Sciences study of prevention of proliferation of bio-
logical weapons.
TITLE XIV—MATTERS RELATED TO DEFENSE AGAINST TERRORISM
AND RELATED SECURITY MATTERS
Sec. 1401. Enhancement to authority to pay rewards for assistance in combating
terrorism.
Sec. 1402. Quarterly reports on Department of Defense response to threat posed by
improvised explosive devices.
Sec. 1403. Requirement that all military wheeled vehicles used in Iraq and Afghan-
istan outside of secure military operating bases be protected by Impro-
vised Explosive Device (IED) jammers.
Sec. 1404. Report on assessment process of Chairman of the Joint Chiefs of Staff
relating to Global War on Terrorism.
Sec. 1405. Treatment under Freedom of Information Act of certain confidential in-
formation shared with State and local personnel.
Sec. 1406. Database of emergency response capabilities.
TITLE XV—AUTHORIZATION FOR INCREASED COSTS DUE TO
OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
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Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Research, development, test and evaluation.
Sec. 1507. Operation and maintenance.
Sec. 1508. Defense Health Program.
Sec. 1509. Classified programs.
Sec. 1510. Military personnel.
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Transfer authority.
Sec. 1513. Availability of funds.
Sec. 1514. Joint Improvised Explosive Device Defeat Fund.
Sec. 1515. Iraq Freedom Fund.
Sec. 1516. Iraq Security Forces Fund.
Sec. 1517. Afghanistan Security Forces Fund.
Sec. 1518. Submittal to Congress of Department of Defense supplemental and cost
of war execution reports.
Sec. 1519. Limitation on availability of funds for certain purposes relating to Iraq.
Sec. 1520. Intelligence Community Management Account.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Recognition of Representative Joel Hefley upon his retirement from the
House of Representatives.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 2004, 2005, and
2006 projects.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year 2006 project.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out certain fiscal year 2006 project.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 2004 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2003 projects.
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Sec. 2704. Effective date.
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing Changes
Sec. 2801. Increase in maximum annual amount authorized to be obligated for
emergency military construction.
Sec. 2802. One-year extension of temporary, limited authority to use operation and
maintenance funds for construction projects outside the United States.
Sec. 2803. Repeal of requirement to determine availability of suitable alternative
housing for acquisition in lieu of construction of new family housing.
Sec. 2804. Authority to continue to occupy leased family housing for United States
Southern Command personnel.
Sec. 2805. Consideration of alternative and more efficient uses for general officer
and flag officer quarters in excess of 6,000 square feet.
Sec. 2806. Modification of notification requirements related to cost variation au-
thority.
Sec. 2807. Consideration of local comparability of floor areas in construction, acqui-
sition, and improvement of military unaccompanied housing.
Sec. 2808. Certification required for military construction projects for facilities de-
signed to provide training in urban operations.
Sec. 2809. Authority to carry out military construction projects in connection with
industrial facility investment program.
Sec. 2810. Repeal of special requirement for military construction contracts on
Guam.
Sec. 2811. Temporary expansion of authority to convey property at military instal-
lations to support military construction.
Sec. 2812. Pilot projects for acquisition or construction of military unaccompanied
housing.
Subtitle B—Real Property and Facilities Administration
Sec. 2821. Congressional notice requirements, in advance of acquisition of land by
condemnation for military purposes.
Sec. 2822. Consolidation of Department of Defense authorities regarding granting
of easements for rights-of-way.
Sec. 2823. Authority to grant restrictive easements for conservation purposes in
connection with land conveyances.
Sec. 2824. Maximum term of leases for structures and real property relating to
structures in foreign countries needed for purposes other than family
housing.
Sec. 2825. Consolidation of laws relating to transfer of Department of Defense real
property within the Department of Defense and to other Federal agen-
cies.
Sec. 2826. Defense access road program.
Sec. 2827. Reports on Army operational ranges.
Subtitle C—Base Closure and Realignment
Sec. 2831. Modification of deposit requirements in connection with lease proceeds
received at military installations approved for closure or realignment
after January 1, 2005.
Sec. 2832. Report on Air Force and Air National Guard bases affected by 2005
round of defense base closure and realignment.
Subtitle D—Land Conveyances
Sec. 2841. Conveyance of easement, Pine Bluff Arsenal, Arkansas.
Sec. 2842. Modification of land transfer authority, Potomac Annex, District of Co-
lumbia.
Sec. 2843. Land conveyance, Naval Air Station, Barbers Point, Hawaii.
Sec. 2844. Land conveyances, Omaha, Nebraska.
Sec. 2845. Land conveyance, Hopkinton, New Hampshire.
Sec. 2846. Land conveyance, North Hills Army Reserve Center, Allison Park, Penn-
sylvania.
Sec. 2847. Transfer of jurisdiction, Fort Jackson, South Carolina.
Sec. 2848. Sense of Congress regarding land conveyance involving Army Reserve
Center, Marshall, Texas.
Sec. 2849. Modifications to land conveyance authority, Engineering Proving
Ground, Fort Belvoir, Virginia.
Sec. 2850. Land conveyance, Radford Army Ammunition Plant, New River Unit,
Virginia.
Subtitle E—Energy Security
Sec. 2851. Consolidation and enhancement of laws to improve Department of De-
fense energy efficiency and conservation.
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Sec. 2852. Department of Defense goal regarding use of renewable energy to meet
electricity needs.
Sec. 2853. Congressional notification of cancellation ceiling for Department of De-
fense energy savings performance contracts.
Sec. 2854. Use of energy efficiency products in new construction.
Subtitle F—Other Matters
Sec. 2861. Availability of research and technical assistance under Defense Eco-
nomic Adjustment Program.
Sec. 2862. Availability of community planning assistance relating to encroachment
of civilian communities on military facilities used for training by the
Armed Forces.
Sec. 2863. Prohibitions against making certain military airfields or facilities avail-
able for use by civil aircraft.
Sec. 2864. Modification of certain transportation projects.
Sec. 2865. Availability of funds for South County Commuter Rail project, Provi-
dence, Rhode Island.
Sec. 2866. Fox Point Hurricane Barrier, Providence, Rhode Island.
Sec. 2867. Federal funding for fixed guideway projects.
Sec. 2868. Feasibility study regarding use of General Services Administration prop-
erty for Fort Belvoir, Virginia, realignment.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Plan for transformation of National Nuclear Security Administration nu-
clear weapons complex.
Sec. 3112. Extension of Facilities and Infrastructure Recapitalization Program.
Sec. 3113. Utilization of contributions to Global Threat Reduction Initiative.
Sec. 3114. Utilization of contributions to Second Line of Defense program.
Sec. 3115. Two-year extension of authority for appointment of certain scientific, en-
gineering, and technical personnel.
Sec. 3116. National Academy of Sciences study of quantification of margins and un-
certainty methodology for assessing and certifying the safety and reli-
ability of the nuclear stockpile.
Sec. 3117. Consolidation of counterintelligence programs of Department of Energy
and National Nuclear Security Administration.
Sec. 3118. Notice-and-wait requirement applicable to certain third-party financing
arrangements.
Sec. 3119. Extension of deadline for transfer of lands to Los Alamos County, New
Mexico, and of lands in trust for the Pueblo of San Ildefonso.
Sec. 3120. Limitations on availability of funds for Waste Treatment and Immo-
bilization Plant.
Sec. 3121. Report on Russian Surplus Fissile Materials Disposition Program.
Sec. 3122. Limitation on availability of funds for construction of MOX Fuel Fabrica-
tion Facility.
Sec. 3123. Education of future nuclear engineers.
Sec. 3124. Technical correction related to authorization of appropriations for fiscal
year 2006.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
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.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations
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PUBLIC LAW 109–364—OCT. 17, 2006
TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2007.
Sec. 3502. Amendments relating to the Maritime Security Fleet program.
Sec. 3503. Applicability to certain Maritime Administration vessels of limitations
on overhaul, repair, and maintenance of vessels in foreign shipyards.
Sec. 3504. Vessel transfer authority.
Sec. 3505. United States Merchant Marine Academy graduates: service require-
ments.
Sec. 3506. United States Merchant Marine Academy graduates: service obligation
performance reporting requirement.
Sec. 3507. Temporary authority to transfer obsolete combatant vessels to Navy for
disposal.
Sec. 3508. Qualifying Reserve duty for receipt of student incentive payments.
Sec. 3509. Large passenger ship crew requirements.
Sec. 3510. Miscellaneous Maritime Administration provisions.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ‘‘congressional defense
committees’’ has the meaning given that term in section 101(a)(16)
of title 10, United States Code.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
101. Army.
102. Navy and Marine Corps.
103. Air Force.
104. Defense-wide activities.
Subtitle B—Army Programs
111. Sense of Congress on future multiyear procurement authority for Family of
Medium Tactical Vehicles.
112. Multiyear procurement authority for MH–60R helicopters and mission equip-
ment.
113. Funding profile for Modular Force Initiative of the Army.
114. Bridge to Future Networks program.
115. Comptroller General report on the contract for the Future Combat Systems
program.
116. Priority for allocation of replacement equipment to operational units based on
combat mission deployment schedule.
Subtitle C—Navy Programs
121. CVN–21 class aircraft carrier procurement.
122. Adherence to Navy cost estimates for CVN–21 class of aircraft carriers.
123. Modification of limitation on total cost of procurement of CVN–77 aircraft car-
rier.
124. Construction of first two vessels under the DDG–1000 Next-Generation De-
stroyer program.
125. Adherence to Navy cost estimates for LHA Replacement amphibious assault
ship program.
126. Cost limitation for San Antonio (LPD–17) class amphibious ship program.
127. Multiyear procurement authority for V–22 tiltrotor aircraft program.
128. Alternative technologies for future surface combatants.
129. Sense of Congress regarding the size of the attack submarine force.
130. Quality control in procurement of ship critical safety items and related serv-
ices.
Subtitle D—Air Force Programs
131. Bomber force structure.
132. Strategic airlift force structure.
133. Limitation on retirement of U–2 aircraft.
134. Multiyear procurement authority for F–22A Raptor fighter aircraft.
10 USC 101 note.
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120 STAT. 2101
PUBLIC LAW 109–364—OCT. 17, 2006
135. Limitation on retirement of KC–135E aircraft during fiscal year 2007.
136. Limitation on retirement of F–117A aircraft during fiscal year 2007.
137. Limitation on retirement of C–130E tactical airlift aircraft.
138. Procurement of Joint Primary Aircraft Training System aircraft after fiscal
year 2006.
139. Minuteman III intercontinental ballistic missile modernization.
Subtitle E—Joint and Multiservice Matters
141. Clarification of limitation on initiation of new unmanned aerial vehicle sys-
tems.
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year
2007 for procurement for the Army as follows:
(1) For aircraft, $3,451,429,000.
(2) For missiles, $1,328,859,000.
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles,
$2,278,604,000.
(4) For ammunition, $1,984,325,000.
(5) For other procurement, $7,687,502,000.
(6) For National Guard Equipment, $318,000,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appropriated
for fiscal year 2007 for procurement for the Navy as follows:
(1) For aircraft, $10,734,071,000.
(2) For weapons, including missiles and torpedoes,
$2,549,020,000.
(3) For shipbuilding and conversion, $11,021,553,000.
(4) For other procurement, $4,995,033,000.
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2007 for procurement for the Marine Corps
in the amount of $1,253,813,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for fiscal year 2007 for procurement
of ammunition for the Navy and the Marine Corps in the amount
of $797,943,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year
2007 for procurement for the Air Force as follows:
(1) For aircraft, $12,179,154,000.
(2) For ammunition, $1,072,749,000.
(3) For missiles, $4,171,886,000.
(4) For other procurement, $15,443,286,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year
2007 
for 
Defense-wide 
procurement 
in 
the 
amount 
of
$2,886,361,000.
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120 STAT. 2102
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Subtitle B—Army Programs
SEC. 111. SENSE OF CONGRESS ON FUTURE MULTIYEAR PROCURE-
MENT AUTHORITY FOR FAMILY OF MEDIUM TACTICAL
VEHICLES.
(a) FUTURE ACQUISITION STRATEGY.—It is the sense of Congress
that, as part of the Army’s planning, programming, and budgeting
process for fiscal year 2008, the Secretary of the Army should
request from Congress authority by law to enter into a multiyear
procurement (MYP) contract for the Family of Medium Tactical
Vehicles (FMTV) program and that, in support of such request,
the Secretary should submit to Congress the necessary justification
materials required by law to justify a multiyear procurement (MYP)
contract, including the material required by section 2306b of title
10, United States Code.
(b) INCORPORATION OF PRODUCT IMPROVEMENTS.—It is the sense
of Congress that any proposal by the Secretary of the Army for
multiyear procurement authority for procurement of vehicles under
the Family of Medium Tactical Vehicles program should provide
for incorporation into the vehicles to be procured through such
authority of improvements from—
(1) lessons learned from operations involving the Global
War on Terrorism; and
(2) product improvement programs carried out for the
Family of Medium Tactical Vehicles program in the areas of
force protection, survivability, reliability, network communica-
tions, situational awareness, and safety.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR MH–60R HELI-
COPTERS AND MISSION EQUIPMENT.
(a) MH–60R HELICOPTER.—Subject to subsection (c), the Sec-
retary of the Army, acting as executive agent for the Department
of the Navy, may enter into a multiyear contract for the procure-
ment of MH–60R helicopters.
(b) MH–60R HELICOPTER MISSION EQUIPMENT.—Subject to sub-
section (c), the Secretary of the Navy may enter into a multiyear
contract for the procurement of MH–60R helicopter mission equip-
ment for the helicopters covered by a multiyear contract under
subsection (a).
(c) CONTRACT REQUIREMENTS.—Any multiyear contract under
this section—
(1) shall be entered into in accordance with section 2306b
of title 10, United States Code, and shall commence with the
fiscal year 2007 program year; and
(2) shall provide that any obligation of the United States
to make a payment under the contract is subject to the avail-
ability of appropriations for that purpose.
SEC. 113. FUNDING PROFILE FOR MODULAR FORCE INITIATIVE OF
THE ARMY.
The Secretary of the Army shall set forth in the budget presen-
tation materials of the Army submitted to Congress in support
of the President’s budget for any fiscal year after fiscal year 2007,
and in other relevant materials submitted to Congress with respect
to the budget of the Army for any such fiscal year, all amounts
for procurement for the M1A2 Abrams tank System Enhancement
Program (SEP) and for the Bradley A3 fighting vehicle as elements
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120 STAT. 2103
PUBLIC LAW 109–364—OCT. 17, 2006
within the amounts requested for the Modular Force Initiative
of the Army, in accordance with the report of the Army titled
‘‘The Army Modular Force Initiative’’, submitted to Congress in
March 2006.
SEC. 114. BRIDGE TO FUTURE NETWORKS PROGRAM.
(a) LIMITATION ON FISCAL YEAR 2007 AMOUNT.—Of the amount
authorized to be appropriated for the Army for fiscal year 2007
for Other Procurement, Army, that is available for the program
of the Army designated as the Bridge to Future Networks, not
more than 75 percent shall be made available for obligation until
the Secretary of the Army submits to the congressional defense
committees a report on that program that includes the matters
specified in subsection (b).
(b) MATTERS TO BE INCLUDED.—The report under subsection
(a) shall include the following:
(1) An analysis of how the systems specified in subsection
(c) will fit together, including, for each such system, an analysis
of whether there are opportunities to leverage technologies
and equipment from that system as part of the development
of the other systems.
(2) A description of the extent to which components of
the systems specified in subsection (c) could be used together
as elements of a single tactical network.
(3) A description of the strategy of the Army for completing
the systems engineering necessary to ensure the end-to-end
interoperability of a single tactical network referred to in para-
graph (2).
(4) An assessment of the costs of acquiring each of the
systems specified in subsection (c).
(5) An assessment of the technical compatibility of the
systems specified in subsection (c).
(6) A description of the plans of the Army for fielding
the systems specified in subsection (c).
(7) A description of the plans of the Army for sustaining
the Joint Network Node through fiscal year 2020 and an assess-
ment of the need to upgrade its technologies and equipment.
(8) A description of the plans of the Army for the insertion
of new technology into the Joint Network Node.
(c) SPECIFIED SYSTEMS.—The systems referred to in subsection
(b) are as follows:
(1) The Joint Network Node (JNN) element of the Bridge
to Future Networks program.
(2) The Warfighter Information Network-Tactical (WIN-
T) program.
(3) 
The 
Mounted 
Battle 
Command 
On-the-Move
(MBCOTM) system.
SEC. 115. COMPTROLLER GENERAL REPORT ON THE CONTRACT FOR
THE FUTURE COMBAT SYSTEMS PROGRAM.
(a) REPORT REQUIRED.—Not later than March 15, 2007, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the participation and
activities of the lead systems integrator in the Future Combat
Systems (FCS) program under the contract of the Army for the
Future Combat Systems.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
Reports.
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120 STAT. 2104
PUBLIC LAW 109–364—OCT. 17, 2006
(1) A description of the responsibilities of the lead systems
integrator in managing the Future Combat Systems program
under the contract for the Future Combat Systems, and an
assessment of the manner in which such responsibilities differ
from the typical responsibilities of a lead systems integrator
under acquisition contracts of the Department of Defense.
(2) A description and assessment of the responsibilities
of the Army in managing the Future Combat Systems program,
including oversight of the activities of the lead systems inte-
grator and the decisions made by the lead systems integrator.
(3) An assessment of the manner in which the Army—
(A) ensures that the lead systems integrator meets
goals for the Future Combat Systems in a timely manner;
and
(B) evaluates the extent to which such goals are met.
(4) An identification of the mechanisms in place to ensure
the protection of the interests of the United States in the
Future Combat Systems program.
(5) An identification of the mechanisms in place to mitigate
organizational conflicts of interest with respect to competition
on Future Combat Systems technologies and equipment under
subcontracts under the Future Combat Systems program.
SEC. 116. PRIORITY FOR ALLOCATION OF REPLACEMENT EQUIPMENT
TO OPERATIONAL UNITS BASED ON COMBAT MISSION
DEPLOYMENT SCHEDULE.
The Secretary of Defense shall ensure that priority for the
distribution of new and combat-serviceable replacement equipment
acquired using funds authorized to be appropriated by this title
(together with associated support and test equipment) is given
to operational units (regardless of component) based on combat
mission deployment schedule.
Subtitle C—Navy Programs
SEC. 121. CVN–21 CLASS AIRCRAFT CARRIER PROCUREMENT.
(a) CONTRACT AUTHORITY FOR CONSTRUCTION.—In the fiscal
year immediately following the last fiscal year of the contract for
advance procurement for a CVN–21 class aircraft carrier designated
CVN–78, CVN–79, or CVN–80, as applicable, the Secretary may
enter into a contract for the construction of such aircraft carrier
to be funded in the fiscal year of such contract for construction
and the succeeding three fiscal years.
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A con-
tract entered into under subsection (a) shall provide that any obliga-
tion of the United States to make a payment under the contract
for any subsequent fiscal year is subject to the availability of
appropriations for that purpose for such subsequent fiscal year.
(c) REPEAL
OF SUPERCEDED PROVISION.—Section 128 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109–163; 119 Stat. 3159) is repealed.
SEC. 122. ADHERENCE TO NAVY COST ESTIMATES FOR CVN–21 CLASS
OF AIRCRAFT CARRIERS.
(a) LIMITATION.—
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120 STAT. 2105
PUBLIC LAW 109–364—OCT. 17, 2006
(1) LEAD SHIP.—The total amount obligated or expended
from funds appropriated or otherwise made available for Ship-
building and Conversion, Navy, or for any other procurement
account, for the aircraft carrier designated as CVN–21 may
not exceed $10,500,000,000 (as adjusted pursuant to subsection
(b)).
(2) FOLLOW-ON
SHIPS.—The total amount obligated or
expended from funds appropriated or otherwise made available
for Shipbuilding and Conversion, Navy, or for any other
procurement account, for the construction of any ship that
is constructed in the CVN–21 class of aircraft carriers after
the lead ship of that class may not exceed $8,100,000,000
(as adjusted pursuant to subsection (b)).
(b) ADJUSTMENT
OF LIMITATION AMOUNT.—The Secretary of
the Navy may adjust the amount set forth in subsection (a) for
any ship constructed in the CVN–21 class of aircraft carriers by
the following:
(1) The amounts of increases or decreases in costs attrib-
utable to economic inflation after September 30, 2006.
(2) The amounts of increases or decreases in costs attrib-
utable to compliance with changes in Federal, State, or local
laws enacted after September 30, 2006.
(3) The amounts of outfitting costs and post-delivery costs
incurred for that ship.
(4) The amounts of increases or decreases in costs of that
ship that are attributable to insertion of new technology into
that ship, as compared to the technology baseline as it was
defined in the approved acquisition program baseline estimate
of December 2005.
(5) The amounts of increases or decreases to nonrecurring
design and engineering cost attributable to achieving compli-
ance with the cost limitation.
(6) The amounts of increases or decreases to cost required
to correct deficiencies that may affect the safety of the ship
and personnel or otherwise preclude the ship from safe oper-
ations and crew certification.
(c) LIMITATION
ON
TECHNOLOGY
INSERTION
COST
ADJUST-
MENT.—The Secretary of the Navy may use the authority under
paragraph (4) of subsection (b) to adjust the amount set forth
in subsection (a) for a ship referred to in that subsection with
respect to insertion of new technology into that ship only if—
(1) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
would lower the life-cycle cost of the ship; or
(2) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
is required to meet an emerging threat and the Secretary
of Defense certifies to those committees that such threat poses
grave harm to national security.
(d) WRITTEN NOTICE OF CHANGE IN AMOUNT.—
(1) REQUIREMENT.—The Secretary of the Navy shall submit
to the congressional defense committees each year, at the same
time that the budget is submitted under section 1105(a) of
title 31, United States Code, for the next fiscal year, written
notice of any change in the amount set forth in subsection
(a) during the preceding fiscal year that the Secretary has
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120 STAT. 2106
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determined to be associated with a cost referred to in subsection
(b).
(2) EFFECTIVE DATE.—The requirement in paragraph (1)
shall become effective with the budget request for the year
of procurement of the first ship referred to in subsection (a).
SEC. 123. MODIFICATION OF LIMITATION ON TOTAL COST OF
PROCUREMENT OF CVN–77 AIRCRAFT CARRIER.
Section 122(f)(1) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1650) is amended
by striking ‘‘$4,600,000,000 (such amount being the estimated cost
for the procurement of the CVN–77 aircraft carrier in the March
1997 procurement plan)’’ and inserting ‘‘$6,057,000,000’’.
SEC. 124. CONSTRUCTION OF FIRST TWO VESSELS UNDER THE DDG–
1000 NEXT-GENERATION DESTROYER PROGRAM.
(a) AVAILABILITY OF FUNDS.—Of the amount authorized to be
appropriated by section 102(a)(3) for fiscal year 2007 for Ship-
building and Conversion, Navy, $2,568,000,000 may be available
for the construction of the first two vessels under the DDG–1000
Next-Generation Destroyer program.
(b) CONTRACT AUTHORITY.—
(1) IN GENERAL.—The Secretary of the Navy may enter
into a contract beginning with the fiscal year 2007 program
year for procurement of each of the first two vessels under
the DDG–1000 Next-Generation Destroyer program.
(2) LIMITATION.—Not more than one contract described in
paragraph (1) may be awarded under that paragraph to a
single shipyard.
(3) SPLIT FUNDING AUTHORIZED.—Each contract under para-
graph (1) shall contemplate funding for the procurement of
a vessel under such contract using a combination of funds
appropriated for fiscal year 2007 and funds appropriated for
fiscal year 2008.
(4) CONDITION ON OUT-YEAR CONTRACT PAYMENTS.—A con-
tract entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under such
contract for any fiscal year after fiscal year 2007 is subject
to the availability of appropriations for that purpose for such
fiscal year.
(c) SENSE OF CONGRESS ON FUNDING FOR FOLLOW-ON SHIPS.—
It is the sense of Congress that there is sufficient benefit to author-
izing the one-time exception provided in this section to the full
funding policy in order to support the competitive procurement
of the follow-on ships of the DDG–1000 Next-Generation Destroyer
program. However, it is the expectation of Congress that the Sec-
retary of the Navy will structure the DDG–1000 program so that
each ship, after the first two ships, is procured using the method
of full funding in a single year.
SEC. 125. ADHERENCE TO NAVY COST ESTIMATES FOR LHA REPLACE-
MENT AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) LIMITATION.—The total amount obligated or expended from
funds appropriated or otherwise made available for Shipbuilding
and Conversion, Navy, or for any other procurement account, for
procurement of any ship that is constructed under the LHA Replace-
ment (LHA(R)) amphibious assault ship program may not exceed
$2,813,600,000 (as adjusted pursuant to subsection (b)).
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120 STAT. 2107
PUBLIC LAW 109–364—OCT. 17, 2006
(b) ADJUSTMENT
OF LIMITATION AMOUNT.—The Secretary of
the Navy may adjust the amount set forth in subsection (a) for
any ship constructed under the LHA Replacement amphibious
assault ship program by the following:
(1) The amounts of increases or decreases in costs attrib-
utable to economic inflation after September 30, 2006.
(2) The amounts of increases or decreases in costs attrib-
utable to compliance with changes in Federal, State, or local
laws enacted after September 30, 2006.
(3) The amounts of outfitting costs and post-delivery costs
incurred for that ship.
(4) The amounts of increases or decreases in costs of that
ship that are attributable to insertion of new technology into
that ship, as compared to the technology baseline as it was
defined at the development stage referred to as Milestone B.
(5) The amounts of increases or decreases to nonrecurring
design and engineering cost attributable to achieving compli-
ance with the cost limitation.
(6) The amounts of increases or decreases to cost required
to correct deficiencies that may affect the safety of the ship
and personnel or otherwise preclude the ship from safe oper-
ations and crew certification.
(7) Contract cost adjustments directly attributed to the
effect of Hurricane Katrina in August 2005 or other force
majeure contract modifications.
(c) LIMITATION
ON
TECHNOLOGY
INSERTION
COST
ADJUST-
MENT.—The Secretary of the Navy may use the authority under
paragraph (4) of subsection (b) to adjust the amount set forth
in subsection (a) for a ship referred to in that subsection with
respect to insertion of new technology into that ship only if—
(1) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
would lower the life-cycle cost of the ship; or
(2) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
is required to meet an emerging threat and the Secretary
of Defense certifies to those committees that such threat poses
grave harm to national security.
(d) WRITTEN NOTICE OF CHANGE IN AMOUNT.—
(1) REQUIREMENT.—The Secretary of the Navy shall submit
to the congressional defense committees each year, at the same
time that the budget is submitted under section 1105(a) of
title 31, United States Code, for the next fiscal year, written
notice of any change in the amount set forth in subsection
(a) during the preceding fiscal year that the Secretary has
determined to be associated with a cost referred to in subsection
(b).
(2) EFFECTIVE DATE.—The requirement in paragraph (1)
shall become effective with the budget request for the year
of procurement of the first ship referred to in subsection (a).
SEC. 126. COST LIMITATION FOR SAN ANTONIO (LPD–17) CLASS
AMPHIBIOUS SHIP PROGRAM.
(a) LIMITATION.—
(1) PROCUREMENT COST.—The total amount obligated or
expended from funds appropriated or otherwise made available
for Shipbuilding and Conversion, Navy, for the San Antonio-
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120 STAT. 2108
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class amphibious ships designated as LPD–22, LPD–23, LPD–
24, and LPD–25 may not exceed the amount for each such
vessel specified in paragraph (2).
(2) SPECIFIED COST LIMIT BY VESSEL.—The limitation under
this subsection for each vessel specified in paragraph (1) is
the following:
(A) For the LPD–22 ship, $1,523,000,000 (as adjusted
pursuant to subsection (b)).
(B) For the LPD–23 ship, $1,477,000,000 (as adjusted
pursuant to subsection (b)).
(C) For the LPD–24 ship, $1,633,000,000 (as adjusted
pursuant to subsection (b)).
(D) For the LPD–25 ship, $1,927,000,000 (as adjusted
pursuant to subsection (b)).
(b) ADJUSTMENT OF LIMITATION AMOUNTS.—The Secretary of
the Navy may adjust the amount set forth in subsection (a) for
any ship specified in that subsection by the following:
(1) The amounts of increases or decreases in costs attrib-
utable to economic inflation after September 30, 2006.
(2) The amounts of increases or decreases in costs attrib-
utable to compliance with changes in Federal, State, or local
laws enacted after September 30, 2006.
(3) The amounts of outfitting costs and post-delivery costs
incurred for that ship.
(4) The amounts of increases or decreases in costs of that
ship that are attributable to insertion of new technology into
that ship, as compared to the technology built into the U.S.S.
San Antonio (LPD–17), the lead ship of the LPD–17 class.
(5) Contract cost adjustments directly attributed to the
effect of Hurricane Katrina in August 2005 or other force
majeure contract modifications.
(6) The amounts of closeout costs associated with comple-
tion of the LPD–17 class program.
(c) LIMITATION
ON
TECHNOLOGY
INSERTION
COST
ADJUST-
MENT.—The Secretary of the Navy may use the authority under
paragraph (4) of subsection (b) to adjust the amount set forth
in subsection (a) for any LPD–17 class ship with respect to insertion
of new technology into that ship only if—
(1) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
would lower the life-cycle cost of the ship; or
(2) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
is required to meet an emerging threat and the Secretary
of Defense certifies to those committees that such threat poses
grave harm to national security.
(d) WRITTEN NOTICE OF CHANGE IN AMOUNT.—
(1) REQUIREMENT.—The Secretary of the Navy shall submit
to the congressional defense committees each year, at the same
time that the budget is submitted under section 1105(a) of
title 31, United States Code, for the next fiscal year, written
notice of any change in the amount set forth in subsection
(a) during the preceding fiscal year that the Secretary has
determined to be associated with a cost referred to in subsection
(b).
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120 STAT. 2109
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(2) EFFECTIVE DATE.—The requirement in paragraph (1)
shall become effective with the budget request for the year
of procurement of the first ship referred to in subsection (a).
SEC. 
127. 
MULTIYEAR 
PROCUREMENT 
AUTHORITY 
FOR 
V–22
TILTROTOR AIRCRAFT PROGRAM.
The Secretary of the Navy, in accordance with section 2306b
of title 10, United States Code, and acting as executive agent
for the Secretary of the Air Force and the commander of the
United States Special Operations Command, may enter into a
multiyear contract, beginning with the fiscal year 2008 program
year, for procurement of V–22 tiltrotor aircraft.
SEC. 128. ALTERNATIVE TECHNOLOGIES FOR FUTURE SURFACE
COMBATANTS.
(a) FINDINGS.—Congress makes the following findings:
(1) Securing and maintaining access to affordable and
plentiful sources of energy is a vital national security interest
for the United States.
(2) The Nation’s dependence upon foreign oil is a threat
to national security due to the inherently volatile nature of
the global oil market and the political instability of some of
the world’s largest oil producing states.
(3) Given the recent increase in the cost of crude oil,
which cannot realistically be expected to improve over the
long term, other energy sources must be seriously considered.
(4) Alternate propulsion sources such as nuclear power
offer many advantages over conventional power for major sur-
face combatant ships of the Navy, including—
(A) virtually unlimited high-speed endurance;
(B) elimination of vulnerable refueling; and
(C) reduction in the requirement for replenishment
vessels and the need to protect those vessels.
(b) SENSE OF CONGRESS.—In light of the findings in subsection
(a), it is the sense of Congress that the Navy should make greater
use of alternative technologies, including expanded application of
integrated power systems, fuel cells, and nuclear power, for propul-
sion of future major surface combatant ships.
(c) REQUIREMENT.—The Secretary of the Navy shall include
integrated power systems, fuel cells, and nuclear power as propul-
sion alternatives to be evaluated within the analysis of alternatives
for future major surface combatant ships.
SEC. 129. SENSE OF CONGRESS REGARDING THE SIZE OF THE ATTACK
SUBMARINE FORCE.
(a) FINDINGS.—Congress makes the following findings:
(1) The United States Navy must be large enough, agile
enough, and lethal enough to deter any threat and defeat
any foe.
(2) The proliferation of modern nuclear and nonnuclear
submarines in the navies of nations around the globe will
make undersea superiority a more significant challenge in the
future.
(3) The unique combination of firepower, stealth, sensors,
and communications equipment contained in a modern attack
submarine make the attack submarine a critical component
of the Armed Forces of the United States.
10 USC 7291
note.
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(4) The report entitled ‘‘Report to Congress on Annual
Long-Range Plan for Construction of Naval Vessels for fiscal
year 2007’’, submitted to Congress by the Secretary of the
Navy pursuant to section 231 of title 10, United States Code—
(A) identifies future naval force structure requirements
indexed to Department of Defense fiscal year 2020 threat
assessments and compliant with the Fiscal Year 2006
Quadrennial Defense Review and, with respect to the
attack submarine force, identifies a need for the Navy
to maintain a fleet of not less than 48 attack submarines;
and
(B) projects that the attack submarine force will fall
below 48 vessels between 2020 and 2032.
(b) SENSE OF CONGRESS.—In light of the findings in subsection
(a), it is the sense of Congress that the Secretary of the Navy
should take all reasonable effort to accelerate the construction
of Virginia Class submarines to maintain the attack submarine
force structure at not less than 48 submarines and (if the number
of attack submarines should fall below 48), to minimize the period
the attack submarine force remains below 48 vessels.
SEC. 130. QUALITY CONTROL IN PROCUREMENT OF SHIP CRITICAL
SAFETY ITEMS AND RELATED SERVICES.
(a) QUALITY CONTROL POLICY.—The Secretary of Defense shall
prescribe in regulations a quality control policy for the procurement
of the following:
(1) Ship critical safety items.
(2) Modifications, repair, and overhaul of ship critical safety
items.
(b) ELEMENTS.—The policy required under subsection (a) shall
include requirements as follows:
(1) That the head of the design control activity for ship
critical safety items establish processes to identify and manage
the procurement, modification, repair, and overhaul of such
items.
(2) That the head of the contracting activity for a ship
critical safety item enter into a contract for the procurement,
modification, repair, or overhaul of such item only with a source
on a qualified manufacturers list or a source approved by
the design control activity in accordance with section 2319
of title 10, United States Code (as amended by subsection
(d)).
(3) That the ship critical safety items delivered, and the
services performed with respect to such items, meet all technical
and quality requirements specified by the design control
activity.
(c) DEFINITIONS.—In this section, the terms ‘‘ship critical safety
item’’ and ‘‘design control activity’’ have the meanings given such
terms in subsection (g) of section 2319 of title 10, United States
Code (as so amended).
(d) CONFORMING
AMENDMENTS.—Section 2319 of title 10,
United States Code, is amended—
(1) in subsection (c)(3), by inserting ‘‘or ship critical safety
item’’ after ‘‘aviation critical safety item’’; and
(2) in subsection (g)—
(A) by redesignating paragraph (2) as paragraph (3);
Regulations.
10 USC 2302
note.
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(B) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) The term ‘ship critical safety item’ means any ship
part, assembly, or support equipment containing a char-
acteristic the failure, malfunction, or absence of which could
cause a catastrophic or critical failure resulting in loss of or
serious damage to the ship or unacceptable risk of personal
injury or loss of life.’’; and
(C) in paragraph (3), as so redesignated—
(i) by inserting ‘‘or ship critical safety item’’ after
‘‘aviation critical safety item’’;
(ii) by inserting ‘‘, or the seaworthiness of a ship
or ship equipment,’’ after ‘‘equipment’’; and
(iii) by striking ‘‘the item’’ and inserting ‘‘such
item’’.
Subtitle D—Air Force Programs
SEC. 131. BOMBER FORCE STRUCTURE.
(a) REQUIREMENT FOR B–52 FORCE STRUCTURE.—
(1) RETIREMENT LIMITATION.—During the B–52 retirement
limitation period, the Secretary of the Air Force—
(A) may not retire more than 18 B–52 aircraft; and
(B) shall maintain not less than 44 such aircraft as
combat-coded aircraft.
(2) B–52 RETIREMENT LIMITATION PERIOD.—For purposes
of paragraph (1), the B–52 retirement limitation period is the
period beginning on the date of the enactment of this Act
and ending on the date that is the earlier of—
(A) January 1, 2018; and
(B) the date as of which a long-range strike replace-
ment aircraft with equal or greater capability than the
B–52H model aircraft has attained initial operational capa-
bility status.
(b) LIMITATION ON RETIREMENT PENDING REPORT ON BOMBER
FORCE STRUCTURE.—
(1) LIMITATION.—No funds authorized to be appropriated
for the Department of Defense may be obligated or expended
for retiring any of the 93 B–52H bomber aircraft in service
in the Air Force as of the date of the enactment of this Act
until 45 days after the date on which the Secretary of the
Air Force submits the report specified in paragraph (2).
(2) REPORT.—A report specified in this subsection is a
report submitted by the Secretary of the Air Force to the
Committees on Armed Services of the Senate and the House
of Representatives on the amount and type of bomber force
structure of the Air Force, including the matters specified in
paragraph (4).
(3) AMOUNT
AND
TYPE
OF
BOMBER
FORCE
STRUCTURE
DEFINED.—In this subsection, the term ‘‘amount and type of
bomber force structure’’ means the number of each of the fol-
lowing types of aircraft that are required to carry out the
national security strategy of the United States:
(A) B–2 bomber aircraft.
(B) B–52H bomber aircraft.
(C) B–1 bomber aircraft.
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(4) MATTER TO BE INCLUDED.—A report under paragraph
(2) shall include the following:
(A) The plan of the Secretary of the Air Force for
the modernization of the B–52, B–1, and B–2 bomber air-
craft fleets.
(B) The amount and type of bomber force structure
for the conventional mission and strategic nuclear mission
in executing two overlapping ‘‘swift defeat’’ campaigns.
(C) A justification of the cost and projected savings
of any reductions to the B–52H bomber aircraft fleet as
a result of the retirement of the B–52H bomber aircraft
covered by the report.
(D) The life expectancy of each bomber aircraft to
remain in the bomber force structure.
(E) The capabilities of the bomber force structure that
would be replaced, augmented, or superseded by any new
bomber aircraft.
(5) PREPARATION OF REPORT.—A report under paragraph
(2) shall be prepared by the Institute for Defense Analyses
and submitted to the Secretary of the Air Force for submittal
by the Secretary in accordance with that paragraph.
SEC. 132. STRATEGIC AIRLIFT FORCE STRUCTURE.
Section 8062 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(g)(1) Effective October 1, 2008, the Secretary of the Air Force
shall maintain a total aircraft inventory of strategic airlift aircraft
of not less than 299 aircraft.
‘‘(2) In this subsection:
‘‘(A) The term ‘strategic airlift aircraft’ means an aircraft—
‘‘(i) that has a cargo capacity of at least 150,000 pounds;
and
‘‘(ii) that is capable of transporting outsized cargo an
unrefueled range of at least 2,400 nautical miles.
‘‘(B) The term ‘outsized cargo’ means any single item of
equipment that exceeds 1,090 inches in length, 117 inches
in width, or 105 inches in height.’’.
SEC. 133. LIMITATION ON RETIREMENT OF U–2 AIRCRAFT.
(a) FISCAL YEAR 2007.—The Secretary of the Air Force may
not retire any U–2 aircraft of the Air Force in fiscal year 2007.
(b) YEARS AFTER FISCAL YEAR 2007.—
(1) CERTIFICATION REQUIRED.—After fiscal year 2007, the
Secretary of the Air Force may retire a U–2 aircraft only
if the Secretary of Defense certifies to Congress that the intel-
ligence, surveillance, and reconnaissance (ISR) capabilities pro-
vided by the U–2 aircraft no longer contribute to mitigating
any gaps in intelligence, surveillance, and reconnaissance
capabilities identified in the 2006 Quadrennial Defense Review.
(2) LIMITATIONS.—No action may be taken by the Depart-
ment of Defense to retire (or to prepare to retire) any U–
2 aircraft before a certification specified in paragraph (1) is
submitted to Congress. If such a certification is submitted,
no such action may be taken until after the end of the 60-
day period beginning on the date on which the certification
is submitted.
Effective date.
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SEC. 134. MULTIYEAR PROCUREMENT AUTHORITY FOR F–22A RAPTOR
FIGHTER AIRCRAFT.
(a) PROHIBITION ON USE OF INCREMENTAL FUNDING.—The Sec-
retary of the Air Force may not use incremental funding for the
procurement of F–22A aircraft.
(b) MULTIYEAR AUTHORITY.—The Secretary of the Air Force
may enter into a multiyear contract for the procurement of up
to 60 F–22A Raptor fighter aircraft beginning with the 2007 pro-
gram year.
(c) COMPLIANCE WITH LAW APPLICABLE TO MULTIYEAR CON-
TRACTS.—A contract under subsection (b) for the procurement of
F–22A aircraft shall be entered into in accordance with section
2306b of title 10, United States Code, except that, notwithstanding
subsection (k) of that section, such a contract may not be for
a period in excess of three program years.
(d) SECRETARY
OF DEFENSE CERTIFICATION.—In the case of
a contract under subsection (b) for the procurement of F–22A air-
craft, a certification under subsection (i)(1)(A) of section 2306b
of title 10, United States Code, with respect to that contract may
only be submitted if the certification includes an additional certifi-
cation by the Secretary that each of the conditions specified in
subsection (a) of that section has been satisfied with respect to
that contract, as follows:
(1) That the use of such contract will result in substantial
savings of the total anticipated costs of carrying out the pro-
gram through annual contracts.
(2) That the minimum need for the property to be pur-
chased is expected to remain substantially unchanged during
the contemplated contract period in terms of production rate,
procurement rate, and total quantities.
(3) That there is a reasonable expectation that throughout
the contemplated contract period the Secretary of the Air Force
will request funding for the contract at the level required
to avoid contract cancellation.
(4) That there is a stable design for the property to be
acquired and that the technical risks associated with such
property are not excessive.
(5) That the estimates of both the cost of the contract
and the anticipated cost avoidance through the use of a
multiyear contract are realistic.
(6) That the use of such contract will promote the national
security of the United States.
In certifying that the cost savings are substantial, the Secretary
shall duly consider the historical cost savings that led to a decision
to proceed with a multiyear procurement contract under section
2306b of title 10, United States Code, in the case of previous
aviation-related multiyear contracts authorized by law dating back
to fiscal year 1982.
(e) FFRDC COST REPORT.—The Secretary of Defense shall pro-
vide for a federally funded research and development center (other
than the Institute for Defense Analyses) to report on the cost
estimates for a three year, 60-aircraft, F–22A multiyear procure-
ment program, beginning in fiscal year 2007, compared to a cor-
responding annual procurement program.
(f) NOTICE-AND-WAIT REQUIREMENT.—Upon submission to Con-
gress of a certification referred to in subsection (d) with respect
to a proposed contract under subsection (b) for the procurement
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of F–22A aircraft and the Secretary’s submission to the congres-
sional defense committees of the report referred to in subsection
(e), the contract may then be entered into only after the end
of the 30-day period beginning on the later of the date of the
submission of the certification or the date of the submission of
the report.
SEC. 135. LIMITATION ON RETIREMENT OF KC–135E AIRCRAFT DURING
FISCAL YEAR 2007.
(a) LIMITATION.—The number of KC–135E aircraft retired by
the Secretary of the Air Force during fiscal year 2007 may not
exceed 29.
(b) TREATMENT OF RETIRED AIRCRAFT.—The Secretary of the
Air Force shall maintain each KC–135E aircraft that is retired
by the Secretary after September 30, 2006, in a condition that
would allow recall of that aircraft to future service in the Air
Force Reserve, Air National Guard, or active forces aerial refueling
force structure.
SEC. 136. LIMITATION ON RETIREMENT OF F–117A AIRCRAFT DURING
FISCAL YEAR 2007.
(a) LIMITATION.—The number of F–117A aircraft retired by
the Secretary of the Air Force during fiscal year 2007 may not
exceed 10.
(b) TREATMENT OF RETIRED AIRCRAFT.—The Secretary of the
Air Force shall maintain each F–117A aircraft that is retired by
the Secretary after September 30, 2006, in a condition that would
allow recall of that aircraft to future service.
SEC. 137. LIMITATION ON RETIREMENT OF C–130E TACTICAL AIRLIFT
AIRCRAFT.
(a) LIMITATION.—The number of C–130E tactical airlift aircraft
retired by the Secretary of the Air Force during fiscal year 2007
may not exceed 51.
(b) TREATMENT OF RETIRED AIRCRAFT.—The Secretary of the
Air Force shall maintain each C–130E tactical airlift aircraft that
is retired by the Secretary after September 30, 2006, in a condition
that would allow recall of that aircraft to future service.
SEC. 138. PROCUREMENT OF JOINT PRIMARY AIRCRAFT TRAINING
SYSTEM AIRCRAFT AFTER FISCAL YEAR 2006.
Any Joint Primary Aircraft Training System (JPATS) aircraft
procured after fiscal year 2006 shall be procured through a contract
under part 15 of the Federal Acquisition Regulation (FAR), relating
to acquisition of items by negotiated contract (48 C.F.R. 15.000
et seq.), rather than through a contract under part 12 of the
Federal Acquisition Regulation, relating to acquisition of commer-
cial items (48 C.F.R. 12.000 et seq.).
SEC. 139. MINUTEMAN III INTERCONTINENTAL BALLISTIC MISSILE
MODERNIZATION.
(a) MODERNIZATION OF INTERCONTINENTAL BALLISTIC MISSILES
REQUIRED.—The Secretary of the Air Force shall modernize Minute-
man III intercontinental ballistic missiles in the United States
inventory as required to maintain a sufficient supply of launch
test assets and spares to sustain the deployed force of such missiles
through 2030.
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PUBLIC LAW 109–364—OCT. 17, 2006
(b) LIMITATION ON TERMINATION OF MODERNIZATION PROGRAMS
PENDING REPORT.—
(1) LIMITATION.—No funds authorized to be appropriated
for the Department of Defense may be obligated or expended
for the termination of any ICBM modernization program with
respect to the Minuteman III intercontinental ballistic missile
system, or for the withdrawal of any Minuteman III interconti-
nental ballistic missile from the active force, until 30 days
after the date on which the Secretary of Defense submits to
the congressional defense committees a report described in
subsection (c).
(2) ICBM MODERNIZATION PROGRAM DEFINED.—In this sub-
section, the term ‘‘ICBM Modernization program’’ means each
of the following:
(A) The Guidance Replacement Program (GRP).
(B) The Propulsion Replacement Program (PRP).
(C) The Propulsion System Rocket Engine (PSRE) pro-
gram.
(D) The Safety Enhanced Reentry Vehicle (SERV) pro-
gram.
(c) REPORT ELEMENTS.—A report under subsection (b)(1) is
a report setting forth the following:
(1) A detailed strategic justification for the proposal to
reduce the Minuteman III intercontinental ballistic missile force
from 500 to 450 missiles, including an analysis of the effects
of the reduction on the ability of the United States to assure
allies and dissuade potential competitors.
(2) A detailed analysis of the strategic ramifications of
continuing to equip a portion of the Minuteman III missile
force with multiple independent warheads rather than single
warheads.
(3) An assessment of the test assets and spares required
to maintain a force of 500 deployed Minuteman III missiles
through 2030.
(4) An assessment of the test assets and spares required
to maintain a force of 450 deployed Minuteman III missiles
through 2030.
(5) An inventory of currently available Minuteman III mis-
sile test assets and spares.
(6) A plan to sustain and complete the modernization of
all deployed and spare Minuteman III missiles, a test plan,
and an analysis of the funding required to carry out moderniza-
tion of all deployed and spare Minuteman III missiles.
(7) An assessment of whether halting upgrades to the
Minuteman III missiles withdrawn from the deployed force
would compromise the ability of those missiles to serve as
test assets.
(8) A description of the plan of the Department of Defense
for extending the life of the Minuteman III missile force beyond
fiscal year 2030.
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Subtitle E—Joint and Multiservice Matters
SEC. 141. CLARIFICATION OF LIMITATION ON INITIATION OF NEW
UNMANNED AERIAL VEHICLE SYSTEMS.
(a) APPLICABILITY
OF
LIMITATION
ONLY
TO
PROCUREMENT
FUNDS.—Subsection (a) of section 142 of National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119
Stat. 3164) is amended—
(1) by inserting ‘‘for procurement’’ after ‘‘the Department
of Defense’’; and
(2) by inserting before the period at the end the following:
‘‘(or by an official within the Office of the Under Secretary
designated by the Under Secretary for that purpose)’’.
(b) APPLICABILITY ONLY TO NEW SYSTEMS.—Subsection (b) of
that section is amended to read as follows:
‘‘(b) EXCEPTION FOR EXISTING SYSTEMS.—The limitation in sub-
section (a) does not apply with respect to an unmanned aerial
vehicle (UAV) system (or any component or other item of associated
equipment of any such system described in subsection (a)) if as
of January 6, 2006—
‘‘(1) the system (or component or item of associated equip-
ment) to be procured is otherwise under contract or has pre-
viously been procured by the Department; or
‘‘(2) funds have been appropriated but not yet obligated
for the system (or component or item of associated equipment).’’.
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Acquisition of, and independent cost analyses for, the Joint Strike Fighter
propulsion system.
Sec. 212. Expansion and extension of authority to award prizes for advanced tech-
nology achievements.
Sec. 213. Defense Acquisition Challenge Program extension, enhancement, and
modification to address critical cost growth threshold breaches in major
defense acquisition programs.
Sec. 214. Future Combat Systems milestone review.
Sec. 215. Dedicated amounts for implementing or evaluating Navy shipbuilding
technology proposals under Defense Acquisition Challenge Program.
Sec. 216. Independent estimate of costs of the Future Combat Systems.
Sec. 217. Funding of defense science and technology programs.
Sec. 218. Hypersonics development.
Sec. 219. Report on program for replacement of nuclear warheads on certain Tri-
dent sea-launched ballistic missiles with conventional warheads.
Subtitle C—Missile Defense Programs
Sec. 221. Fielding of ballistic missile defense capabilities.
Sec. 222. Limitation on use of funds for space-based interceptor.
Sec. 223. Policy of the United States on priorities in the development, testing, and
fielding of missile defense capabilities.
Sec. 224. One-year extension of Comptroller General assessments of ballistic mis-
sile defense programs.
Sec. 225. Submittal of plans for test and evaluation of the operational capability of
the Ballistic Missile Defense System.
Sec. 226. Annual reports on transition of ballistic missile defense programs to the
military departments.
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Subtitle D—Other Matters
Sec. 231. Policies and practices on test and evaluation to address emerging acquisi-
tion approaches.
Sec. 232. Extension of requirement for Global Research Watch Program.
Sec. 233. Sense of Congress on technology sharing of Joint Strike Fighter tech-
nology.
Sec. 234. Report on vehicle-based active protection systems for certain battlefield
threats.
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2007 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows:
(1) For the Army, $10,876,609,000.
(2) For the Navy, $17,383,857,000.
(3) For the Air Force, $24,235,951,000.
(4) For Defense-wide activities, $21,111,559,000, of which
$181,520,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) FISCAL YEAR 2007.—Of the amounts authorized to be appro-
priated by section 201, $11,662,554,000 shall be available for the
Defense Science and Technology Program, including basic research,
applied research, and advanced technology development projects.
(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED TECH-
NOLOGY DEVELOPMENT DEFINED.—For purposes of this section, the
term ‘‘basic research, applied research, and advanced technology
development’’ means work funded in program elements for defense
research and development under Department of Defense budget
activity 1, 2, or 3.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. ACQUISITION OF, AND INDEPENDENT COST ANALYSES FOR,
THE JOINT STRIKE FIGHTER PROPULSION SYSTEM.
(a) ACQUISITION.—
(1) IN GENERAL.—The Secretary of Defense shall provide
for the development and procurement of the propulsion system
for the Joint Strike Fighter aircraft through the continued
development and sustainment of two interchangeable propul-
sion systems for that aircraft by two separate contractors
throughout the life cycle of the aircraft.
(2) MODIFICATIONS
PROHIBITED.—Except as provided by
paragraph (3), the Secretary may not carry out any modification
to the acquisition program for the Joint Strike Fighter aircraft
that would result in the development or procurement of the
propulsion system for that aircraft in a manner other than
that required by paragraph (1).
(3) MODIFICATIONS ALLOWED.—Notwithstanding paragraph
(1), a modification described in paragraph (2) may be carried
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out to the extent that each of the following requirements is
met:
(A) The Secretary of Defense has notified the congres-
sional defense committees of the modification.
(B) Each of the reports required by subsection (b) has
been submitted.
(C) Funds are appropriated for that purpose pursuant
to an authorization of appropriations.
(b) INDEPENDENT COST ANALYSES.—
(1) IN GENERAL.—A comprehensive and detailed cost anal-
ysis of the Joint Strike Fighter engine program shall be
independently performed by each of the following:
(A) The Comptroller General.
(B) A federally funded research and development center
selected by the Secretary of Defense.
(C) The Secretary of Defense, acting through the Cost
Analysis Improvement Group of the Office of the Secretary
of Defense.
(2) MATTERS
COVERED.—Each such cost analysis shall
cover—
(A) an alternative under which the Joint Strike Fighter
aircraft is capable of using the F135 engine only;
(B) an alternative under which the program executes
a one-time firm-fixed price contract for a selected propul-
sion system for the Joint Strike Fighter aircraft for the
life cycle of the aircraft following the Initial Service Release
of the propulsion system in fiscal year 2008;
(C) an alternative under which the Joint Strike Fighter
aircraft is capable of using either the F135 engine or the
F136 engine, and the engine selection is carried out on
a competitive basis; and
(D) any other alternative, whether competitive or sole
source, that would reduce total life-cycle cost, improve pro-
gram schedule, or both.
(3) REPORTS.—Not later than March 15, 2007, the Secretary
of Defense, the Comptroller General, and the chief executive
officer of the federally funded research and development center
selected under paragraph (1)(B) shall independently submit
to the congressional defense committees a report on the cost
analysis carried out under paragraph (1). Each such report
shall include each of the following matters:
(A) The key assumptions used in carrying out the
cost analysis.
(B) The methodology and techniques used in carrying
out the cost analysis.
(C) For each alternative required by paragraph (2)—
(i) a comparison of the life-cycle costs, including
costs in current and constant dollars and a net-present-
value analysis;
(ii) estimates of—
(I) supply, maintenance, and other operations
manpower required to support the alternative;
(II) the number of flight hours required to
achieve engine maturity and the year in which
that is expected to be achieved; and
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(III) the total number of engines expected to
be procured over the lifetime of the Joint Strike
Fighter program; and
(iii) an evaluation of benefits, other than cost, pro-
vided by competition, to include an assessment of
improved performance, operational readiness and
warfighting capability, risk reduction, technology
innovation, and contractor responsiveness.
(D) 
A 
description 
of 
the 
acquisition 
strategies
(including development and production) that were used
for, and experience with respect to cost, schedule, and
performance under, past acquisition programs for engines
for tactical fighter aircraft, including the F–15, F–16, F–
18, and F–22 aircraft.
(E) A comparison of the experiences under past acquisi-
tion programs carried out on a sole-source basis with
respect to performance, savings, maintainability, reliability,
and technical innovation.
(F) The impact that canceling the F136 competitive
engine would have on the high-performance military engine
industrial base, and on the Department of Defense’s ability
to make competitive engine choices for future combat air-
craft systems beyond the Joint Strike Fighter.
(G) Conclusions and recommendations.
(4) CERTIFICATIONS.—In submitting the report required by
paragraph (3), the Comptroller General and the chief executive
officer of the federally funded research and development center
shall also submit a certification as to whether the Secretary
of Defense provided access to sufficient information to enable
the Comptroller General or the chief executive officer, as the
case may be, to make informed judgments on the matters
required to be included in the report.
(c) LIFE-CYCLE COSTS DEFINED.—In this section, the term ‘‘life-
cycle costs’’ includes—
(1) those elements of cost that would be considered for
a life-cycle cost analysis for a major defense acquisition pro-
gram, including procurement of engines, procurement of spare
engines, and procurement of engine components and parts;
and
(2) good-faith estimates of routine engine costs (such as
performance upgrades and component improvement) that
historically have occurred in tactical fighter engine programs.
SEC. 212. EXPANSION AND EXTENSION OF AUTHORITY TO AWARD
PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.
(a) EXPANSION.—
(1) IN GENERAL.—Subsection (a) of section 2374a of title
10, United States Code, is amended—
(A) by striking ‘‘Director of the Defense Advanced
Research Projects Agency’’ and inserting ‘‘Director of
Defense Research and Engineering and the service acquisi-
tion executive for each military department’’; and
(B) by striking ‘‘a program’’ and inserting ‘‘programs’’.
(2) CONFORMING
AMENDMENTS.—Such section is further
amended—
(A) in subsection (b), by striking ‘‘The program’’ and
inserting ‘‘Each program’’; and
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PUBLIC LAW 109–364—OCT. 17, 2006
(B) in subsection (d)—
(i) by striking ‘‘The program’’ and inserting ‘‘A
program’’; and
(ii) by striking ‘‘the Director’’ and inserting ‘‘an
official referred to in that subsection’’.
(b) EXTENSION.—Subsection (f) of such section is amended by
striking ‘‘September 30, 2007’’ and inserting ‘‘September 30, 2010’’.
(c) MODIFICATION OF REPORTING REQUIREMENT.—Subsection (e)
of such section is amended to read as follows:
‘‘(e) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—Not later than March 1 of each year,
the Secretary shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives a report on the activities carried
out during the preceding fiscal year under the authority in
subsection (a).
‘‘(2) INFORMATION INCLUDED.—The report for a fiscal year
under this subsection shall include, for each program under
subsection (a), the following:
‘‘(A) A description of the proposed goals of the competi-
tions established under the program, including the areas
of research, technology development, or prototype develop-
ment to be promoted by such competitions and the relation-
ship of such areas to the military missions of the Depart-
ment of Defense.
‘‘(B) An analysis of why the utilization of the authority
in subsection (a) was the preferable method of achieving
the goals described in subparagraph (A) as opposed to
other authorities available to the Department, such as
contracts, grants, and cooperative agreements.
‘‘(C) The total amount of cash prizes awarded under
the program, including a description of the manner in
which the amounts of cash prizes awarded and claimed
were allocated among the accounts of the Department for
recording as obligations and expenditures.
‘‘(D) The methods used for the solicitation and evalua-
tion of submissions under the program, together with an
assessment of the effectiveness of such methods.
‘‘(E) A description of the resources, including personnel
and funding, used in the execution of the program, together
with a detailed description of the activities for which such
resources were used and an accounting of how funding
for execution was allocated among the accounts of the
Department for recording as obligations and expenditures.
‘‘(F) A description of any plans to transition the tech-
nologies or prototypes developed as a result of the program
into an acquisition program of the Department.
‘‘(3) SUSPENSION OF AUTHORITY FOR FAILURE TO INCLUDE
INFORMATION.—For each program under subsection (a), the
authority to obligate or expend funds under that program is
suspended as of the date specified in paragraph (1) if the
Secretary does not, by that date, submit a report that includes,
for that program, all the information required by paragraph
(2). As of the date on which the Secretary does submit a
report that includes, for that program, all the information
required by paragraph (2), the suspension is lifted.’’.
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SEC. 213. DEFENSE ACQUISITION CHALLENGE PROGRAM EXTENSION,
ENHANCEMENT, AND MODIFICATION TO ADDRESS CRIT-
ICAL COST GROWTH THRESHOLD BREACHES IN MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) ASSESSMENT OF ADDITIONAL ISSUES REQUIRED IN THE EVENT
OF CRITICAL COST GROWTH.—Section 2433(e)(2)(A) of title 10,
United States Code, is amended—
(1) by redesignating clauses (i), (ii), and (iii) as clauses
(ii), (iii), and (iv) respectively; and
(2) by inserting before clause (ii) (as so redesignated) the
following new clause:
‘‘(i) any design, engineering, manufacturing, or tech-
nology integration issues that contributed significantly to
the cost growth of the program;’’.
(b) REQUIREMENT FOR CHALLENGE PROGRAM TO ADDRESS CRIT-
ICAL COST GROWTH THRESHOLD BREACHES
IN MAJOR DEFENSE
ACQUISITION PROGRAMS.—
(1) SOLICITATION
OF
CHALLENGE
PROPOSALS.—Section
2359b(c) of title 10, United States Code, is amended—
(A) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the following new
paragraph (4):
‘‘(4)(A) The Under Secretary shall establish procedures for
the prompt issuance of a solicitation for challenge proposals
addressing—
‘‘(i) any acquisition program for which, since the last
such announcement, the Secretary concerned has deter-
mined under section 2433(d) of this title that the program’s
acquisition unit cost or procurement unit cost has increased
by a percentage equal to or greater than the critical cost
growth threshold for the program (in this section referred
to as a ‘critical cost growth threshold breach’); and
‘‘(ii) any design, engineering, manufacturing, or tech-
nology integration issues, in accordance with the assess-
ment required by section 2433(e)(2)(A) of this title, that
have contributed significantly to the cost growth of such
program.
‘‘(B) A solicitation under this paragraph may be included
in a broad agency announcement issued pursuant to paragraph
(3) as long as the broad agency announcement is released
in an expeditious manner following the determination of the
Secretary concerned that a critical cost growth threshold breach
has occurred with respect to a major defense acquisition pro-
gram.’’.
(2) REQUIREMENT
FOR
GUIDELINES
FOR
COVERING
COSTS
OF CHALLENGE PROPOSALS.—Section 2359b(e) of such title is
amended by adding at the end the following new paragraph:
‘‘(3) In the case of a challenge proposal submitted in response
to a solicitation issued as a result of a critical cost growth threshold
breach that is determined under full review and evaluation to
satisfy each of the criteria specified in subsection (c)(5), the Under
Secretary shall establish guidelines for covering the costs of the
challenge proposal. If appropriate, such guidelines shall not be
restricted to funding provided by the Defense Acquisition Challenge
Program, but shall also consider alternative funding sources, such
Procedures.
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120 STAT. 2122
PUBLIC LAW 109–364—OCT. 17, 2006
as the acquisition program with respect to which the breach
occurred.’’.
(3) ACTION UPON UNFAVORABLE FULL REVIEW AND EVALUA-
TION.—Section 2359b of such title is amended—
(A) by redesignating subsections (f), (g), (h), (i), and
(j) as subsections (g), (h), (i), (j), and (k) respectively; and
(B) by inserting after subsection (e) the following new
subsection (f):
‘‘(f) ACTION UPON UNFAVORABLE FULL REVIEW AND EVALUA-
TION.—Under procedures prescribed by the Under Secretary, if a
challenge proposal is determined by a Panel to satisfy each of
the criteria specified in subsection (c)(5), but is not determined
under a full review and evaluation to satisfy such criteria, the
following provisions apply:
‘‘(1) The office carrying out the full review and evaluation
shall provide to the Panel that conducted the preliminary
evaluation a statement containing a summary of the rationale
for the unfavorable evaluation.
‘‘(2) If the Panel disagrees with the rationale provided
under paragraph (1), the Panel may return the challenge pro-
posal to the office for further consideration.’’.
(4) ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED
IN ANNUAL REPORT.—Section 2359b(j) of such title, as redesig-
nated by paragraph (3), is amended by striking ‘‘No report
is required for a fiscal year in which the Challenge Program
is not carried out.’’ and inserting ‘‘The report shall also include
a list of each challenge proposal that was determined by a
Panel to satisfy each of the criteria specified in subsection
(c)(5), but was not determined under a full review and evalua-
tion to satisfy such criteria, together with a detailed rationale
for the Department’s determination that such criteria were
not satisfied.’’.
(c) EVALUATION AND REPORT REQUIRED.—The Under Secretary
of Defense for Acquisition, Technology, and Logistics, in coordination
with the service acquisition executives, shall—
(1) evaluate the efficacy of the incentives provided to
encourage the adoption of each challenge proposal receiving
favorable full review and evaluation, as required by section
2359b(e)(2) of title 10, United States Code;
(2) identify additional incentives and authorities required,
if any, to further facilitate the adoption of each challenge pro-
posal receiving favorable full review and evaluation, particu-
larly in the case of challenge proposals submitted in response
to critical cost growth threshold breaches (as such term is
used in section 2359b of such title); and
(3) not later than March 1, 2007, submit to the Committees
on Armed Services of the Senate and the House of Representa-
tives a report setting forth the results of such evaluation and
identification.
(d) PRIORITY
FOR PROPOSALS FROM CERTAIN BUSINESSES.—
Paragraph (6) of section 2359b(c) of such title, as redesignated
by paragraph (b)(1)(A), is amended to read as follows:
‘‘(6) The Under Secretary—
‘‘(A) may establish procedures to ensure that the Challenge
Program does not become an avenue for the repetitive submis-
sion of proposals that have been previously reviewed and found
not to have merit; and
Procedures.
Applicability.
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‘‘(B) may establish procedures to ensure that the Challenge
Program establishes appropriate priorities for proposals from
businesses that are not major contractors with the Department
of Defense.’’.
(e) CONFIDENTIALITY.—Subsection (h) of section 2359b of such
title, as redesignated by subsection (b)(3), is amended—
(1) by amending the heading to read as follows: ‘‘CONFLICTS
OF INTEREST AND CONFIDENTIALITY’’; and
(2) by striking the period at the end and inserting the
following: ‘‘and that the identity of any person or activity
submitting a challenge proposal is not disclosed outside the
Federal Government, prior to contract award, without the con-
sent of the person or activity. For purposes of the proceeding
sentence, the term ‘Federal Government’ includes both
employees of the Federal Government and employees of Federal
Government contractors providing advisory and assistance serv-
ices as described in part 37 of the Federal Acquisition Regula-
tion.’’.
(f) EXTENSION.—Subsection (k) of section 2359b of title 10,
United States Code, as redesignated by subsection (b)(3), is amended
by striking ‘‘September 30, 2007’’ and inserting ‘‘September 30,
2012’’.
(g) ADDITIONAL CONFORMING AMENDMENTS.—Section 2359b of
such title is further amended—
(1) in subsection (c)(7), as redesignated by subsection (b),
by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (5)’’;
(2) in subsection (d)(1), by striking ‘‘subsection (c)(6)’’ and
inserting ‘‘subsection (c)(7)’’;
(3) in subsection (d)(2), by striking ‘‘subsection (c)(4)’’ and
inserting ‘‘subsection (c)(5)’’; and
(4) in subsection (e)(1), by striking ‘‘subsection (c)(4)’’ and
inserting ‘‘subsection (c)(5)’’.
SEC. 214. FUTURE COMBAT SYSTEMS MILESTONE REVIEW.
(a) MILESTONE REVIEW REQUIRED.—Not later than 120 days
after the preliminary design review of the Future Combat Systems
program is completed, the Secretary of Defense shall carry out
a Defense Acquisition Board milestone review of the Future Combat
Systems program. The milestone review shall include an assessment
as to each of the following:
(1) Whether the warfighter’s needs are valid and can be
best met with the concept of the program.
(2) Whether the concept of the program can be developed
and produced within existing resources.
(3) Whether the program should—
(A) continue as currently structured;
(B) continue in restructured form; or
(C) be terminated.
(b) DETERMINATIONS TO BE MADE IN ASSESSING WHETHER PRO-
GRAM SHOULD CONTINUE.—In making the assessment required by
subsection (a)(3), the Secretary shall make a determination with
respect to each of the following:
(1) Whether each critical technology for the program is
at least Technical Readiness Level 6.
(2) For each system and network component of the program,
what the key design and technology risks are, based on System
Deadline.
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Functional Reviews, Preliminary Design Reviews, and Tech-
nical Readiness Levels.
(3) Whether actual demonstrations, rather than simula-
tions, have shown that the concept of the program will work.
(4) Whether actual demonstrations, rather than plans, have
shown that the software for the program is functional.
(5) What the cost estimate for the program is.
(6) What the affordability assessment for the program is,
based on that cost estimate.
(c) REPORT.—The Secretary shall submit to the congressional
defense committees a report on the findings and conclusions of
the milestone review required by subsection (a). The report shall
include, and display, each of the assessments required by subsection
(a) and each of the determinations required by subsection (b).
(d) RESTRICTION ON PROCUREMENT FUNDS EFFECTIVE FISCAL
2009.—
(1) IN
GENERAL.—For fiscal years beginning with 2009,
the Secretary may not obligate any funds for procurement
for the Future Combat Systems program.
(2) EXCEPTIONS.—Paragraph (1) does not apply with respect
to—
(A) the obligation of funds for costs attributable to
an insertion of new technology (to include spinout systems)
into the current force, if the insertion is approved by the
Under Secretary of Defense for Acquisition, Technology,
and Logistics; or
(B) the obligation of funds for the non-line-of-sight
cannon system.
(3) TERMINATION.—The requirement of paragraph (1) termi-
nates after the report required by subsection (c) is submitted.
SEC. 215. DEDICATED AMOUNTS FOR IMPLEMENTING OR EVALUATING
NAVY SHIPBUILDING TECHNOLOGY PROPOSALS UNDER
DEFENSE ACQUISITION CHALLENGE PROGRAM.
(a) AMOUNTS REQUIRED.—Of the amounts appropriated pursu-
ant to the authorization of appropriations in section 201(4) for
research, 
development, 
test, 
and 
evaluation, 
Defense-wide,
$4,000,000 may be available to implement or evaluate challenge
proposals specified in subsection (b).
(b) CHALLENGE PROPOSALS COVERED.—A challenge proposal
referred to in subsection (a) is a proposal under the Defense Acquisi-
tion Challenge Program established by section 2359b of title 10,
United States Code, that relates to technology directly contributing
to combat systems and open architecture design for Navy ship
platforms.
SEC. 216. INDEPENDENT ESTIMATE OF COSTS OF THE FUTURE COM-
BAT SYSTEMS.
(a) INDEPENDENT ESTIMATE REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall provide
for the preparation of an independent estimate of the antici-
pated costs of systems development and demonstration with
respect to the Future Combat Systems.
(2) CONDUCT OF ESTIMATE.—The estimate required by this
subsection shall be prepared by a federally funded research
and development center selected by the Secretary for purposes
of this subsection.
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(3) MATTERS TO BE ADDRESSED.—The independent estimate
prepared under this subsection shall address costs of research,
development, test, and evaluation, and costs of procurement,
for—
(A) the system development and demonstration phase
of the core Future Combat Systems;
(B) the Future Combat Systems technologies to be
incorporated into the equipment of the current force of
the Army (often referred to as ‘‘spinouts’’);
(C) the installation kits for the incorporation of such
technologies into such equipment;
(D) the systems treated as complementary systems
for the Future Combat Systems;
(E) science and technology initiatives that support the
Future Combat Systems program; and
(F) any pass-through charges anticipated to be assessed
by the lead systems integrator of the Future Combat Sys-
tems and its major subcontractors.
(4) SUBMITTAL TO CONGRESS.—Upon completion of the inde-
pendent estimate required by this subsection, the Secretary
shall submit to the congressional defense committees a report
on the estimate.
(5) DEADLINE
FOR
SUBMITTAL.—The report described in
paragraph (4) shall be submitted not later than April 1, 2007.
(b) PASS-THROUGH CHARGE DEFINED.—In this section, the term
‘‘pass-through charge’’ has the meaning given that term in section
805(c)(5) of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109–163; 119 Stat. 3373).
SEC. 217. FUNDING OF DEFENSE SCIENCE AND TECHNOLOGY PRO-
GRAMS.
(a) FAILURE TO COMPLY WITH FUNDING OBJECTIVE.—Section
212 of the National Defense Authorization Act for Fiscal Year
2000 (10 U.S.C. 2501 note) is amended in subsection (a) by striking
‘‘especially the Air Force Science and Technology Program,’’.
(b) EXTENSION
OF
FUNDING
OBJECTIVE.—Such section is
amended in subsection (b) by striking ‘‘through 2009’’ and inserting
‘‘through 2012’’.
(c) ACTIONS FOLLOWING FAILURE TO COMPLY WITH OBJEC-
TIVE.—Such section is further amended by adding at the end the
following new subsection:
‘‘(c) ACTIONS FOLLOWING FAILURE TO COMPLY WITH OBJEC-
TIVE.—If the proposed budget for a fiscal year covered by subsection
(b) fails to comply with the objective set forth in that subsection,
the Secretary of Defense shall submit to the congressional defense
committees, at the same time that the Department of Defense
budget justification materials for the next fiscal year are submitted
to Congress—
‘‘(1) a detailed, prioritized list, including estimates of
required funding, of highly-rated science and technology
projects received by the Department through competitive solici-
tations and broad agency announcements which—
‘‘(A) are not funded solely due to lack of resources,
but
‘‘(B) represent science and technology opportunities
that support the research and development programs and
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goals of the military departments and the Defense Agen-
cies; and
‘‘(2) a report, in both classified and unclassified form, con-
taining an analysis and evaluation of international research
and technology capabilities, including an identification of any
technology areas in which the United States may not have
global technical leadership within the next 10 years, in each
of the technology areas described in the following plans:
‘‘(A) The most current Joint Warfighting Science and
Technology Plan required by section 270 of the National
Defense Authorization Act for Fiscal Year 1997 (10 U.S.C.
2501 note).
‘‘(B) The Defense Technology Area Plan of the Depart-
ment of Defense.
‘‘(C) The Basic Research Plan of the Department of
Defense.’’.
SEC. 218. HYPERSONICS DEVELOPMENT.
(a) 
ESTABLISHMENT
OF
JOINT
TECHNOLOGY
OFFICE
ON
HYPERSONICS.—The Secretary of Defense shall establish within the
Office of the Secretary of Defense a joint technology office on
hypersonics. The office shall carry out the program required under
subsection (b), and shall have such other responsibilities relating
to hypersonics as the Secretary shall specify.
(b) PROGRAM
ON HYPERSONICS.—The joint technology office
established under subsection (a) shall carry out a program for
the development of hypersonics for defense purposes.
(c) RESPONSIBILITIES.—In carrying out the program required
by subsection (b), the joint technology office established under sub-
section (a) shall do the following:
(1) Coordinate and integrate current and future research,
development, test, and evaluation programs and system dem-
onstration programs of the Department of Defense on
hypersonics.
(2) Undertake appropriate actions to ensure—
(A) close and continuous integration of the programs
on hypersonics of the military departments with the pro-
grams on hypersonics of the Defense Agencies;
(B) coordination of the programs referred to in subpara-
graph (A) with the programs on hypersonics of the National
Aeronautics and Space Administration; and
(C) that developmental testing resources are adequate
and facilities are made available in a timely manner to
support hypersonics research, demonstration programs, and
system development.
(3) Approve demonstration programs on hypersonic sys-
tems.
(4) Ensure that any demonstration program on hypersonic
systems that is carried out in any year after its approval
under paragraph (3) is carried out only if certified under sub-
section (e) as being consistent with the roadmap under sub-
section (d).
(d) ROADMAP.—
(1) ROADMAP REQUIRED.—The joint technology office estab-
lished under subsection (a) shall develop, and every two years
revise, a roadmap for the hypersonics programs of the Depart-
ment of Defense.
10 USC 2358
note.
Reports.
Classified
information.
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(2) COORDINATION.—The roadmap shall be developed and
revised under paragraph (1) in coordination with the Joint
Staff and in consultation with the National Aeronautics and
Space Administration.
(3) ELEMENTS.—The roadmap shall include the following
matters:
(A) Anticipated or potential mission requirements for
hypersonics.
(B) Short-term, mid-term, and long-term goals for the
Department of Defense on hypersonics, which shall be con-
sistent with the missions and anticipated requirements
of the Department over the applicable period.
(C) A schedule for meeting such goals, including—
(i) the activities and funding anticipated to be
required for meeting such goals; and
(ii) the activities of the National Aeronautics and
Space Administration to be leveraged by the Depart-
ment to meet such goals.
(D) The test and evaluation facilities required to sup-
port the activities identified in subparagraph (C), along
with the schedule and funding required to upgrade those
facilities, as necessary.
(E) Acquisition transition plans for hypersonics.
(4) SUBMITTAL TO CONGRESS.—The Secretary shall submit
to the congressional defense committees—
(A) at the same time as the submittal to Congress
of the budget for fiscal year 2008 (as submitted pursuant
to section 1105 of title 31, United States Code), the
roadmap developed under paragraph (1); and
(B) at the same time as the submittal to Congress
of the budget for each even-numbered fiscal year after
2008, the roadmap revised under paragraph (1).
(e) ANNUAL REVIEW AND CERTIFICATION OF FUNDING.—
(1) ANNUAL
REVIEW.—The joint technology office estab-
lished under subsection (a) shall conduct on an annual basis
a review of—
(A) the funding available for research, development,
test, and evaluation and demonstration programs within
the Department of Defense for hypersonics, in order to
determine whether or not such funding is consistent with
the roadmap developed under subsection (d); and
(B) the hypersonics demonstration programs of the
Department, in order to determine whether or not such
programs avoid duplication of effort and support the goals
of the Department in a manner consistent with the
roadmap developed under subsection (d).
(2) CERTIFICATION.—The joint technology office shall, as
a result of each review under paragraph (1), certify to the
Secretary whether or not the funding and programs subject
to such review are consistent with the roadmap developed
under subsection (d).
(3) TERMINATION.—The requirements of this subsection
shall terminate after the submittal to Congress of the budget
for fiscal year 2012 pursuant to section 1105 of title 31, United
States Code.
(f) REPORTS TO CONGRESS.—If, as a result of a review under
subsection (e), funding or a program on hypersonics is certified
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PUBLIC LAW 109–364—OCT. 17, 2006
under that subsection not to be consistent with the roadmap devel-
oped under subsection (d), the Secretary shall submit to the congres-
sional defense committees, at the same time as the submittal to
Congress of the budget (as submitted pursuant to section 1105
of title 31, United States Code), a report on such funding or pro-
gram, as the case may be, describing how such funding or program
is not consistent with the roadmap, together with a statement
of the actions to be taken by the Department.
SEC. 219. REPORT ON PROGRAM FOR REPLACEMENT OF NUCLEAR
WARHEADS ON CERTAIN TRIDENT SEA-LAUNCHED BAL-
LISTIC MISSILES WITH CONVENTIONAL WARHEADS.
(a) REPORT REQUIRED.—Not later than February 1, 2007, the
Secretary of Defense shall submit to the congressional defense
committees a report setting forth a proposal to replace nuclear
warheads on 24 Trident D–5 sea-launched ballistic missiles with
conventional kinetic warheads for deployment on submarines that
carry Trident sea-launched ballistic missiles. The report shall be
prepared in consultation with the Secretary of State.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) A description of the types of scenarios, types of targets,
and circumstances in which a conventional sea-launched bal-
listic missile might be used.
(2) A discussion of the weapon systems or weapons, whether
current or planned, that could be used as an alternative for
each of the scenarios, target types, and circumstances set forth
under paragraph (1), and a statement of any reason why each
such weapon system or weapon is not a suitable alternative
to a conventional sea-launched ballistic missile.
(3) A description of the command and control arrangements
for conventional sea-launched ballistic missiles, including
launch authority and the use of Permissive Action Links (PALs).
(4) An assessment of the capabilities of other countries
to detect and track the launch of a conventional or nuclear
sea-launched ballistic missile.
(5) An assessment of the capabilities of other countries
to discriminate between the launch of a nuclear sea-launched
ballistic missile and a conventional sea-launched ballistic mis-
sile, other than in a testing scenario.
(6) An assessment of the notification and other protocols
that would have to be in place before using any conventional
sea-launched ballistic missile and a plan for entering into such
protocols.
(7) An assessment of the adequacy of the intelligence that
would be needed to support an attack involving conventional
sea-launched ballistic missiles.
(8) A description of the total program cost, including the
procurement costs of additional D–5 missiles, of the conven-
tional Trident sea-launched ballistic missile program, by fiscal
year.
(9) An analysis and assessment of the implications for
ballistic missile proliferation if the United States decides to
go forward with the conventional Trident sea-launched ballistic
missile program or any other conventional long-range ballistic
missile program.
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(10) An analysis and assessment of the implications for
the United States missile defense system if other countries
use conventional long-range ballistic missiles.
(11) An analysis of any problems created by the ambiguity
that results from the use of the same ballistic missile for
both conventional and nuclear warheads.
(12) An analysis and assessment of the methods that other
countries might use to resolve the ambiguities associated with
a nuclear or conventional sea-launched ballistic missile.
(13) An analysis, by the Secretary of State, of the inter-
national, treaty, and other concerns that would be associated
with the use of a conventional sea-launched ballistic missile
and recommendations for measures to mitigate or eliminate
such concerns.
(14) A joint statement by the Secretary of Defense and
the Secretary of State on how to ensure that the use of a
conventional sea-launched ballistic missile will not result in
an intentional, inadvertent, mistaken, or accidental reciprocal
or responsive launch of a nuclear strike by any other country.
Subtitle C—Missile Defense Programs
SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
Upon approval by the Secretary of Defense, funds authorized
to be appropriated for fiscal years 2007 and 2008 for research,
development, test, and evaluation for the Missile Defense Agency
may be used for the development and fielding of ballistic missile
defense capabilities.
SEC. 222. LIMITATION ON USE OF FUNDS FOR SPACE-BASED INTER-
CEPTOR.
(a) LIMITATION.—No funds appropriated or otherwise made
available to the Department of Defense may be obligated or
expended for the testing or deployment of a space-based interceptor
until 90 days after the date on which a report described in sub-
section (c) is submitted.
(b) SPACE-BASED INTERCEPTOR DEFINED.—For purposes of this
section, the term ‘‘space-based interceptor’’ means a kinetic or
directed energy weapon that is stationed on a satellite or orbiting
platform and that is intended to destroy another satellite in orbit
or a ballistic missile launched from earth.
(c) REPORT.—A report described in this subsection is a report
prepared by the Director of the Missile Defense Agency and sub-
mitted to the congressional defense committees containing the fol-
lowing:
(1) A description of the essential components of a proposed
space-based interceptor system, including a description of how
the system proposed would enhance or complement other mis-
sile defense systems.
(2) An estimate of the acquisition and life-cycle cost of
the system described under paragraph (1), including lift cost
and periodic replacement cost due to depreciation and attrition.
(3) An analysis of the vulnerability of such a system to
counter-measures, including direct ascent and co-orbital inter-
ceptors, and an analysis of the functionality of such a system
in the aftermath of a nuclear detonation in space.
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(4) A projection of the foreign policy and national security
implications of a space-based interceptor program, including
the probable response of United States adversaries and United
States allies.
SEC. 223. POLICY OF THE UNITED STATES ON PRIORITIES IN THE
DEVELOPMENT, TESTING, AND FIELDING OF MISSILE
DEFENSE CAPABILITIES.
(a) FINDINGS.—Congress makes the following findings:
(1) In response to the threat posed by ballistic missiles,
President George W. Bush in December 2002 directed the Sec-
retary of Defense to proceed with the fielding of an initial
set of missile defense capabilities in 2004 and 2005.
(2) According to assessments by the intelligence community
of the United States, North Korea tested in 2005 a new solid
propellant short-range ballistic missile, conducted a launch of
a Taepodong-2 ballistic missile/space launch vehicle in 2006,
and is likely developing intermediate-range and interconti-
nental ballistic missile capabilities that could someday reach
as far as the United States with a nuclear payload.
(3) According to assessments by the intelligence community
of the United States, Iran continued in 2005 to test its medium-
range ballistic missile, and the danger that Iran will acquire
a nuclear weapon and integrate it with a ballistic missile Iran
already possesses is a reason for immediate concern.
(b) POLICY.—It is the policy of the United States that the
Department of Defense accord a priority within the missile defense
program to the development, testing, fielding, and improvement
of effective near-term missile defense capabilities, including the
ground-based midcourse defense system, the Aegis ballistic missile
defense system, the Patriot PAC–3 system, the Terminal High
Altitude Area Defense system, and the sensors necessary to support
such systems.
SEC. 224. ONE-YEAR EXTENSION OF COMPTROLLER GENERAL ASSESS-
MENTS OF BALLISTIC MISSILE DEFENSE PROGRAMS.
Section 232(g) of the National Defense Authorization Act for
Fiscal Year 2002 (10 U.S.C. 2431 note) is amended—
(1) in paragraph (1), by striking ‘‘through 2007’’ and
inserting ‘‘through 2008’’; and
(2) in paragraph (2), by striking ‘‘through 2008’’ and
inserting ‘‘through 2009’’.
SEC. 225. SUBMITTAL OF PLANS FOR TEST AND EVALUATION OF THE
OPERATIONAL CAPABILITY OF THE BALLISTIC MISSILE
DEFENSE SYSTEM.
Section 234(a) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3174; 10 U.S.C.
2431 note) is amended by adding at the end the following new
paragraph:
‘‘(3) SUBMITTAL TO CONGRESS.—Each plan prepared under
this subsection and approved by the Director of Operational
Test and Evaluation shall be submitted to the congressional
defense committees not later than 30 days after the date of
the approval of such plan by the Director.’’.
Deadline.
10 USC 2431
note.
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SEC. 226. ANNUAL REPORTS ON TRANSITION OF BALLISTIC MISSILE
DEFENSE PROGRAMS TO THE MILITARY DEPARTMENTS.
(a) REPORT REQUIRED.—Not later than March 1, 2007, and
annually thereafter through 2013, the Under Secretary of Defense
for Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report on the plans of the
Department of Defense for the transition of missile defense pro-
grams from the Missile Defense Agency to the military departments.
(b) SCOPE OF REPORTS.—Each report required by subsection
(a) shall cover the period covered by the future-years defense pro-
gram that is submitted under section 221 of title 10, United States
Code, in the year in which such report is submitted.
(c) ELEMENTS.—Each report required by subsection (a) shall
include the following:
(1) An identification of—
(A) the missile defense programs planned to be
transitioned from the Missile Defense Agency to the mili-
tary departments; and
(B) the missile defense programs, if any, not planned
for transition to the military departments.
(2) The schedule for transition of each missile defense
program planned to be transitioned to a military department,
and an explanation of such schedule.
(3) A description of—
(A) the status of the plans of the Missile Defense
Agency and the military departments for the transition
of missile defense programs from that agency to the mili-
tary departments; and
(B) the status of any agreement between the Missile
Defense Agency and one or more of the military depart-
ments on the transition of any such program from that
agency to the military departments, including any agree-
ment on the operational test criteria that must be achieved
before such transition.
(4) An identification of the entity of the Department of
Defense (whether the Missile Defense Agency, a military
department, or both) that will be responsible for funding each
missile defense program to be transitioned to a military depart-
ment, and at what date.
(5) A description of the type of funds that will be used
(whether funds for research, development, test, and evaluation,
procurement, military construction, or operation and mainte-
nance) for each missile defense program to be transitioned
to a military department.
(6) An explanation of the number of systems planned for
procurement for each missile defense program to be transitioned
to a military department, and the schedule for procurement
of each such system.
Subtitle D—Other Matters
SEC. 231. POLICIES AND PRACTICES ON TEST AND EVALUATION TO
ADDRESS EMERGING ACQUISITION APPROACHES.
(a) REVISION TO REPORT REQUIREMENT.—Section 2399(b) of title
10, United States Code, is amended—
(1) by amending paragraph (2) to read as follows:
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‘‘(2) The Director shall analyze the results of the operational
test and evaluation conducted for each major defense acquisition
program. At the conclusion of such testing, the Director shall pre-
pare a report stating—
‘‘(A) the opinion of the Director as to—
‘‘(i) whether the test and evaluation performed were
adequate; and
‘‘(ii) whether the results of such test and evaluation
confirm that the items or components actually tested are
effective and suitable for combat; and
‘‘(B) additional information on the operational capabilities
of the items or components that the Director considers appro-
priate based on the testing conducted.’’;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
‘‘(5) If, before a final decision described in paragraph (4) is
made for a major defense acquisition program, a decision is made
within the Department of Defense to proceed to operational use
of that program or to make procurement funds available for that
program, the Director shall submit to the Secretary of Defense
and the congressional defense committees the report with respect
to that program under paragraph (2) as soon as practicable after
the decision described in this paragraph is made.’’.
(b) REVIEW AND REVISION OF POLICIES AND PRACTICES.—
(1) REVIEW.—During fiscal year 2007, the Under Secretary
of Defense for Acquisition, Technology, and Logistics and the
Director of Operational Test and Evaluation shall review
Department of Defense policies and practices on test and
evaluation in order to—
(A) reaffirm the test and evaluation principles that
should guide traditional acquisition programs; and
(B) determine how best to apply appropriate test and
evaluation principles to emerging acquisition approaches.
(2) REVISED GUIDANCE.—If the Under Secretary determines
as a result of the review under paragraph (1) that a revision
of the policies and practices referred to in that paragraph
is necessary, the Under Secretary and the Director shall jointly
issue new or revised guidance for the Department of Defense
on test and evaluation to address that determination.
(c) ISSUES TO BE ADDRESSED.—In carrying out subsection (b),
the Under Secretary shall address policies and practices on test
and evaluation in order to—
(1) ensure the performance of test and evaluation activities
with regard to—
(A) items that are acquired pursuant to the authority
for rapid acquisition and deployment of items in section
806 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (10 U.S.C. 2302 note);
(B) programs that are conducted pursuant to the
authority for spiral development in section 803 of the Bob
Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107–314; 116 Stat. 2603; 10 U.S.C. 2430
note), or other authority for the conduct of incremental
acquisition programs;
(C) systems that are acquired pursuant to other
emerging acquisition approaches, as approved by the Under
Secretary; and
10 USC 139 note.
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(D) equipment that is not subject to the operational
test and evaluation requirements in sections 2366 and 2399
of title 10, United States Code, but that may require limited
operational test and evaluation for the purpose of ensuring
the safety and survivability of such equipment and per-
sonnel using such equipment; and
(2) ensure the appropriate use, if any, of operational test
and evaluation resources to assess technology readiness levels
for the purpose of section 2366a of title 10, United States
Code, and other applicable technology readiness requirements.
(d) INCLUSION OF TESTING NEEDS IN STRATEGIC PLAN.—The
Director, Test Resource Management Center, shall ensure that the
strategic plan for Department of Defense test and evaluation
resources developed pursuant to section 196 of title 10, United
States Code—
(1) reflects any testing needs of the Department of Defense
that are identified as a result of activities under subsection
(b); and
(2) includes an assessment of the test and evaluation facili-
ties, resources, and budgets that will be required to meet such
needs.
(e) REPORT TO CONGRESS.—Not later than nine months after
the date of the enactment of this Act, the Under Secretary and
the Director of Operational Test and Evaluation shall submit to
the congressional defense committees a report on the review con-
ducted under paragraph (1) of subsection (b), including any new
or revised guidance issued pursuant to paragraph (2) of that sub-
section.
(f) CLARIFICATION OF DUTIES WITH RESPECT TO FORCE PROTEC-
TION EQUIPMENT.—Section 139(b) of title 10, United States Code,
is amended—
(1) by redesignating paragraphs (3) through (6) as para-
graphs (4) through (7), respectively; and
(2) by inserting after paragraph (2) the following:
‘‘(3) provide guidance to and consult with the officials
described in paragraph (2) with respect to operational test
and evaluation or survivability testing (or both) within the
Department of Defense of force protection equipment (including
non-lethal weapons), which, in such a case—
‘‘(A) shall be guidance and consultation for the purposes
of—
‘‘(i) expediting suitable operational test and evalua-
tion;
‘‘(ii) providing objective subject-matter expertise;
‘‘(iii) encouraging data sharing between Depart-
ment of Defense components; and
‘‘(iv) where appropriate, facilitating the use of
common test standards; and
‘‘(B) does not authorize the Director—
‘‘(i) to approve test and evaluation plans for such
equipment; or
‘‘(ii) to in any manner delay deployment of such
equipment;’’.
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SEC. 232. EXTENSION OF REQUIREMENT FOR GLOBAL RESEARCH
WATCH PROGRAM.
Section 2365(f) of title 10, United States Code, is amended
by striking ‘‘September 30, 2006’’ and inserting ‘‘September 30,
2011’’.
SEC. 233. SENSE OF CONGRESS ON TECHNOLOGY SHARING OF JOINT
STRIKE FIGHTER TECHNOLOGY.
It is the sense of Congress that the Secretary of Defense should
share technology with regard to the Joint Strike Fighter between
the United States Government and the Government of the United
Kingdom consistent with the national security interests of both
nations.
SEC. 234. REPORT ON VEHICLE-BASED ACTIVE PROTECTION SYSTEMS
FOR CERTAIN BATTLEFIELD THREATS.
(a) INDEPENDENT ASSESSMENT.—The Secretary of Defense shall
enter into a contract with an appropriate entity independent of
the United States Government to conduct an assessment of various
foreign and domestic technological approaches to vehicle-based
active protection systems for defense against both chemical energy
and kinetic energy top-attack and direct fire threats, including
anti-tank missiles and rocket propelled grenades, mortars, and other
similar battlefield threats.
(b) REPORT.—
(1) REPORT REQUIRED.—The contract required by subsection
(a) shall require the entity entering into such contract to submit
to the Secretary of Defense, and to the congressional defense
committees, not later than 180 days after the date of the
enactment of this Act, a report on the assessment required
by that subsection.
(2) ELEMENTS.—The report required under paragraph (1)
shall include—
(A) a detailed comparative analysis and assessment
of the technical approaches covered by the assessment
under subsection (a), including the feasibility, military
utility, cost, and potential short-term and long-term
development and deployment schedule of such approaches;
and
(B) any other elements specified by the Secretary in
the contract under subsection (a).
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B—Environmental Provisions
Sec. 311. Revision of requirement for unexploded ordnance program manager.
Sec. 312. Funding of cooperative agreements under environmental restoration pro-
gram.
Sec. 313. Response plan for remediation of unexploded ordnance, discarded military
munitions, and munitions constituents.
Sec. 314. Research on effects of ocean disposal of munitions.
Contracts.
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Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in
connection with Moses Lake Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 316. Transfer of Government-furnished uranium stored at Sequoyah Fuels
Corporation, Gore, Oklahoma.
Sec. 317. Extension of authority to grant exemptions to certain requirements.
Sec. 318. National Academy of Sciences study on human exposure to contaminated
drinking water at Camp Lejeune, North Carolina.
Subtitle C—Program Requirements, Restrictions, and Limitations
Sec. 321. Limitation on financial management improvement and audit initiatives
within the Department of Defense.
Sec. 322. Funds for exhibits for the national museums of the Armed Forces.
Sec. 323. Prioritization of funds for equipment readiness and strategic capability.
Sec. 324. Limitation on deployment of Marine Corps Total Force System to Navy.
Subtitle D—Workplace and Depot Issues
Sec. 331. Permanent exclusion of certain contract expenditures from percentage
limitation on the performance of depot-level maintenance.
Sec. 332. Minimum capital investment for certain depots.
Sec. 333. Extension of temporary authority for contractor performance of security
guard functions.
Subtitle E—Reports
Sec. 341. Report on Navy Fleet Response Plan.
Sec. 342. Report on Navy surface ship rotational crew programs.
Sec. 343. Report on Army live-fire ranges in Hawaii.
Sec. 344. Comptroller General report on joint standards and protocols for access
control systems at Department of Defense installations.
Sec. 345. Comptroller General report on readiness of Army and Marine Corps
ground forces.
Sec. 346. Report on Air Force safety requirements for Air Force flight training oper-
ations at Pueblo Memorial Airport, Colorado.
Sec. 347. Annual report on Personnel Security Investigations for Industry and Na-
tional Industrial Security Program.
Sec. 348. Five-year extension of annual report on training range sustainment plan
and training range inventory.
Sec. 349. Reports on withdrawal or diversion of equipment from reserve units for
support of reserve units being mobilized and other units.
Subtitle F—Other Matters
Sec. 351. Department of Defense strategic policy on prepositioning of materiel and
equipment.
Sec. 352. Authority to make Department of Defense horses available for adoption.
Sec. 353. Sale and use of proceeds of recyclable munitions materials.
Sec. 354. Recovery and transfer to Corporation for the Promotion of Rifle Practice
and Firearms Safety of certain firearms, ammunition, and parts granted
to foreign countries.
Sec. 355. Extension of Department of Defense telecommunications benefit program.
Sec. 356. Extension of availability of funds for commemoration of success of the
Armed Forces in Operation Enduring Freedom and Operation Iraqi
Freedom.
Sec. 357. Capital security cost sharing.
Sec. 358. Utilization of fuel cells as back-up power systems in Department of De-
fense operations.
Sec. 359. Improving Department of Defense support for civil authorities.
Sec. 360. Energy efficiency in weapons platforms.
Sec. 361. Prioritization of funds within Navy mission operations, ship maintenance,
combat support forces, and weapons system support.
Sec. 362. Provision of adequate storage space to secure personal property outside
of assigned military family housing unit.
Sec. 363. Expansion of payment of replacement value of personal property damaged
during transport at Government expense.
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fiscal year
2007 for the use of the Armed Forces and other activities and
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agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $24,416,352,000.
(2) For the Navy, $31,157,639,000.
(3) For the Marine Corps, $3,863,462,000.
(4) For the Air Force, $31,081,257,000.
(5) For Defense-wide activities, $20,093,876,000.
(6) For the Army Reserve, $2,260,802,000.
(7) For the Naval Reserve, $1,275,764,000.
(8) For the Marine Corps Reserve, $211,311,000.
(9) For the Air Force Reserve, $2,698,400,000.
(10) For the Army National Guard, $4,776,421,000.
(11) For the Air National Guard, $5,292,517,000.
(12) For the United States Court of Appeals for the Armed
Forces, $11,721,000.
(13) For Environmental Restoration, Army, $413,794,000.
(14) For Environmental Restoration, Navy, $304,409,000.
(15) 
For 
Environmental 
Restoration, 
Air 
Force,
$423,871,000.
(16) 
For 
Environmental 
Restoration, 
Defense-wide,
$18,431,000.
(17) For Environmental Restoration, Formerly Used
Defense Sites, $282,790,000.
(18) For Former Soviet Union Threat Reduction programs,
$372,128,000.
(19) For Overseas Humanitarian Disaster and Civic Aid,
$63,204,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year
2007 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for
working capital and revolving funds in amounts as follows:
(1) For the Defense Working Capital Funds, $161,998,000.
(2) For the National Defense Sealift Fund, $1,071,932,000.
(3) For the Defense Working Capital Fund, Defense Com-
missary, $1,184,000,000.
(4) For the Pentagon Reservation Maintenance Revolving
Fund, $18,500,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) DEFENSE HEALTH PROGRAM.—Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year
2007 for expenses, not otherwise provided for, for the Defense
Health Program, $21,426,621,000, of which—
(1) $20,894,663,000 is for Operation and Maintenance;
(2) $135,603,000 is for Research, Development, Test, and
Evaluation; and
(3) $396,355,000 is for Procurement.
(b) 
CHEMICAL
AGENTS
AND
MUNITIONS
DESTRUCTION,
DEFENSE.—(1) Funds are hereby authorized to be appropriated
for the Department of Defense for fiscal year 2007 for expenses,
not otherwise provided for, for Chemical Agents and Munitions
Destruction, Defense, $1,277,304,000, of which—
(A) $1,046,290,000 is for Operation and Maintenance;
and
(B) $231,014,000 is for Research, Development, Test,
and Evaluation.
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(2) Amounts authorized to be appropriated under paragraph
(1) are authorized for—
(A) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act for Fiscal Year 1986 (50 U.S.C. 1521); and
(B) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
(c) DRUG
INTERDICTION
AND
COUNTER-DRUG
ACTIVITIES,
DEFENSE-WIDE.—Funds are hereby authorized to be appropriated
for the Department of Defense for fiscal year 2006 for expenses,
not otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, $926,890,000.
(d) DEFENSE INSPECTOR GENERAL.—Funds are hereby author-
ized to be appropriated for the Department of Defense for fiscal
year 2006 for expenses, not otherwise provided for, for the Office
of 
the 
Inspector 
General 
of 
the 
Department 
of 
Defense,
$216,297,000, of which—
(1) $214,897,000 is for Operation and Maintenance; and
(2) $1,400,000 is for Procurement.
Subtitle B—Environmental Provisions
SEC. 311. REVISION OF REQUIREMENT FOR UNEXPLODED ORDNANCE
PROGRAM MANAGER.
Section 2701(k) of title 10, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘establish’’ and inserting ‘‘designate’’;
and
(B) by inserting ‘‘research,’’ after ‘‘characterization,’’;
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (4); and
(3) by inserting after paragraph (1) the following new para-
graphs:
‘‘(2) The position of program manager shall be filled by—
‘‘(A) an employee in a position that is equivalent to pay
grade O–6 or above; or
‘‘(B) a member of the armed forces who is serving in the
grade of colonel or, in the case of the Navy, captain, or in
a higher grade.
‘‘(3) The program manager shall report to the Deputy Under
Secretary of Defense for Installations and Environment.’’.
SEC. 312. FUNDING OF COOPERATIVE AGREEMENTS UNDER ENVIRON-
MENTAL RESTORATION PROGRAM.
Section 2701(d)(2) of title 10, United States Code, is amended
by adding at the end the following new sentence: ‘‘This two-year
limitation does not apply to an agreement funded using amounts
in the Department of Defense Base Closure Account 1990 or the
Department of Defense Base Closure Account 2005 established
under sections 2906 and 2906A of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note).’’.
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SEC. 313. RESPONSE PLAN FOR REMEDIATION OF UNEXPLODED ORD-
NANCE, DISCARDED MILITARY MUNITIONS, AND MUNI-
TIONS CONSTITUENTS.
(a) PERFORMANCE GOALS FOR REMEDIATION.—The Secretary of
Defense shall set the following remediation goals with regard to
unexploded ordnance, discarded military munitions, and munitions
constituents:
(1) To complete, by not later than September 30, 2007,
preliminary assessments of unexploded ordnance, discarded
military munitions, and munitions constituents at all active
installations and formerly used defense sites (other than oper-
ational ranges).
(2) To complete, by not later than September 30, 2010,
site inspections of unexploded ordnance, discarded military
munitions, and munitions constituents at all active installations
and formerly used defense sites (other than operational ranges).
(3) To achieve, by not later than September 30, 2009,
a remedy in place or response complete for unexploded ord-
nance, discarded military munitions, and munitions constitu-
ents at all military installations closed or realigned as part
of a round of defense base closure and realignment occurring
prior to the 2005 round.
(4) To achieve, by a date certain established by the Sec-
retary of Defense, a remedy in place or response complete
for unexploded ordnance, discarded military munitions, and
munitions constituents at all active installations and formerly
used defense sites (other than operational ranges) and all mili-
tary installations realigned or closed under the 2005 round
of defense base closure and realignment.
(b) RESPONSE PLAN REQUIRED.—
(1) IN GENERAL.—Not later than March 1, 2007, the Sec-
retary of Defense shall submit to the congressional defense
committees a comprehensive plan for addressing the remedi-
ation of unexploded ordnance, discarded military munitions,
and munitions constituents at current and former defense sites
(other than operational ranges).
(2) CONTENT.—The plan required by paragraph (1) shall
include—
(A) a schedule, including interim goals, for achieving
the goals described in paragraphs (1) through (3) of sub-
section (a), based upon the Munitions Response Site
Prioritization Protocol established by the Department of
Defense;
(B) such interim goals as the Secretary determines
feasible for efficiently achieving the goal required under
paragraph (4) of such subsection; and
(C) an estimate of the funding required to achieve
the goals established pursuant to such subsection and the
interim goals established pursuant to subparagraphs (A)
and (B).
(3) UPDATES.—Not later than March 15 of 2008, 2009,
and 2010, the Secretary shall submit to the congressional
defense committees an update of the plan required under para-
graph (1). The Secretary may include the update in the report
on environmental restoration activities that is submitted to
Congress under section 2706(a) of title 10, United States Code,
in the year in which that update is required and may include
Deadlines.
10 USC 2710
note.
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in the update any adjustment to the remediation goals estab-
lished under subsection (a) that the Secretary determines nec-
essary to respond to unforeseen circumstances.
(c) REPORT ON REUSE STANDARDS AND PRINCIPLES.—Not later
than March 1, 2007, the Secretary of Defense shall submit to
the congressional defense committees a report on the status of
the efforts of the Department of Defense to achieve agreement
with relevant regulatory agencies on appropriate reuse standards
or principles, including—
(1) a description of any standards or principles that have
been agreed upon; and
(2) a discussion of any issues that remain in disagreement,
including the impact that any such disagreement is likely to
have on the ability of the Department of Defense to carry
out the response plan required by subsection (b).
(d) DEFINITIONS.—In this section:
(1) The terms ‘‘unexploded ordnance’’ and ‘‘operational
range’’ have the meanings given such terms in section 101(e)
of title 10, United States Code.
(2) The terms ‘‘discarded military munitions’’, ‘‘munitions
constituents’’, and ‘‘defense site’’ have the meanings given such
terms in section 2710(e) of such title.
(e) CONFORMING REPEAL.—Section 313 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115
Stat. 1051; 10 U.S.C. 2706 note) is repealed.
SEC. 314. RESEARCH ON EFFECTS OF OCEAN DISPOSAL OF MUNITIONS.
(a) IDENTIFICATION OF DISPOSAL SITES.—
(1) HISTORICAL REVIEW.—The Secretary of Defense shall
conduct a historical review of available records to determine
the number, size, and probable locations of sites where the
Armed Forces disposed of military munitions in coastal waters.
The historical review shall, to the extent possible, identify
the types of munitions at individual sites.
(2) COOPERATION.—The Secretary shall request the assist-
ance of the Coast Guard, the National Oceanic and Atmospheric
Administration, and other relevant Federal agencies in con-
ducting the review required by this subsection.
(3) INTERIM REPORTS.—The Secretary shall periodically, but
no less often than annually, release any new information
obtained during the historical review conducted under para-
graph (1). The Secretary may withhold from public release
the exact nature and locations of munitions the potential
unauthorized retrieval of which could pose a significant threat
to the national defense or public safety.
(4) INCLUSION
OF
INFORMATION
IN
ANNUAL
REPORT
ON
ENVIRONMENTAL RESTORATION ACTIVITIES.—The Secretary shall
include the information obtained pursuant to the review con-
ducted under paragraph (1) in the annual report on environ-
mental restoration activities submitted to Congress under sec-
tion 2706 of title 10, United States Code.
(5) FINAL REPORT.—The Secretary shall complete the histor-
ical review required under paragraph (1) and submit a final
report on the findings of such review in the annual report
on environmental restoration activities submitted to Congress
for fiscal year 2009.
(b) IDENTIFICATION OF NAVIGATIONAL AND SAFETY HAZARDS.—
10 USC 2710
note.
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(1) IDENTIFICATION OF HAZARDS.—The Secretary of Defense
shall provide available information to the Secretary of Com-
merce to assist the National Oceanic and Atmospheric Adminis-
tration in preparing nautical charts and other navigational
materials for coastal waters that identify known or potential
hazards posed by disposed military munitions to private activi-
ties, including commercial shipping and fishing operations.
(2) CONTINUATION OF INFORMATION ACTIVITIES.—The Sec-
retary of Defense shall continue activities to inform potentially
affected users of the ocean environment, particularly fishing
operations, of the possible hazards from contact with disposed
military munitions and the proper methods to mitigate such
hazards.
(c) RESEARCH.—
(1) IN GENERAL.—The Secretary of Defense shall continue
to conduct research on the effects on the ocean environment
and those who use it of military munitions disposed of in
coastal waters.
(2) SCOPE.—Research under paragraph (1) shall include—
(A) the sampling and analysis of ocean waters and
sea beds at or adjacent to military munitions disposal
sites selected pursuant to paragraph (3) to determine
whether the disposed military munitions have caused or
are causing contamination of such waters or sea beds;
(B) investigation into the long-term effects of seawater
exposure on disposed military munitions, particularly
effects on chemical munitions;
(C) investigation into the impacts any such contamina-
tion may have on the ocean environment and those who
use it, including public health risks;
(D) investigation into the feasibility of removing or
otherwise remediating the military munitions; and
(E) the development of effective safety measures for
dealing with such military munitions.
(3) RESEARCH
CRITERIA.—In conducting the research
required by this subsection, the Secretary shall ensure that
the sampling, analysis, and investigations are conducted at
representative sites, taking into account factors such as depth,
water temperature, nature of the military munitions present,
and relative proximity to onshore populations. In conducting
such research, the Secretary shall select at least two representa-
tive sites each in the areas of the Atlantic coast, the Pacific
coast (including Alaska), and the Hawaiian Islands.
(4) AUTHORITY TO MAKE GRANTS AND ENTER INTO COOPERA-
TIVE
AGREEMENTS.—In conducting research under this sub-
section, the Secretary may make grants to, and enter into
cooperative agreements with, qualified research entities.
(d) MONITORING.—If the historical review required by sub-
section (a) or the research required by subsection (c) indicates
that contamination is being released into the ocean waters from
disposed military munitions at a particular site or that the site
poses a significant public health or safety risk, the Secretary of
Defense shall institute appropriate monitoring mechanisms at that
site and report to the congressional defense committees on any
additional measures that may be necessary to address the release
or risk, as applicable.
(e) DEFINITIONS.—In this section:
Reports.
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(1) The term ‘‘coastal waters’’ means that part of the ocean
extending from the coast line of the United States to the outer
boundary of the outer Continental Shelf.
(2) The term ‘‘coast line’’ has the meaning given that term
in section 2(c) of the Submerged Lands Act (43 U.S.C. 1301(c)).
(3) The term ‘‘military munitions’’ has the meaning given
that term in section 101(e) of title 10, United States Code.
(4) The term ‘‘outer Continental Shelf’’ has the meaning
given that term in section 2(a) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331(a)).
SEC. 
315. 
REIMBURSEMENT 
OF 
ENVIRONMENTAL 
PROTECTION
AGENCY FOR CERTAIN COSTS IN CONNECTION WITH
MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE,
WASHINGTON.
(a) AUTHORITY TO REIMBURSE.—
(1) TRANSFER
AMOUNT.—Using funds described in sub-
section (b), the Secretary of Defense may transfer not more
than $111,114.03 to the Moses Lake Wellfield Superfund Site
10–6J Special Account.
(2) PURPOSE
OF
REIMBURSEMENT.—The payment under
paragraph (1) is to reimburse the Environmental Protection
Agency for its costs incurred in overseeing a remedial investiga-
tion/feasibility study performed by the Department of the Army
under the Defense Environmental Restoration Program at the
former Larson Air Force Base, Moses Lake Superfund Site,
Moses Lake, Washington.
(3) 
INTERAGENCY
AGREEMENT.—The 
reimbursement
described in paragraph (2) is provided for in the interagency
agreement entered into by the Department of the Army and
the Environmental Protection Agency for the Moses Lake
Wellfield Superfund Site in March 1999.
(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall
be made using funds authorized to be appropriated by section
301(17) for operation and maintenance for Environmental Restora-
tion, Formerly Used Defense Sites.
(c) USE OF FUNDS.—The Environmental Protection Agency shall
use the amount transferred under subsection (a) to pay costs
incurred by the Agency at the Moses Lake Wellfield Superfund
Site.
SEC. 316. TRANSFER OF GOVERNMENT-FURNISHED URANIUM STORED
AT SEQUOYAH FUELS CORPORATION, GORE, OKLAHOMA.
(a) TRANSPORT AND DISPOSAL.—Subject to subsection (c), the
Secretary of the Army shall transport to an authorized disposal
facility for appropriate disposal all of the Government-furnished
uranium in the chemical and physical form in which it is stored
at the Sequoyah Fuels Corporation site in Gore, Oklahoma.
(b) SOURCE OF FUNDS.—Funds authorized to be appropriated
pursuant to section 301(1) for operation and maintenance for the
Army may be used for the transport and disposal required under
subsection (a).
(c) LIABILITY.—The Secretary may only transport uranium
under subsection (a) after receiving from Sequoyah Fuels Corpora-
tion a written agreement satisfactory to the Secretary that provides
that—
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(1) the United States assumes no liability, legal or other-
wise, of Sequoyah Fuels Corporation by transporting the ura-
nium; and
(2) the Sequoyah Fuels Corporation waives any and all
claims it may have against the United States related to the
transported uranium.
(d) COMPLETION OF TRANSPORT.—The Secretary shall complete
the transport of uranium under subsection (a) not later than March
31, 2007.
SEC. 317. EXTENSION OF AUTHORITY TO GRANT EXEMPTIONS TO CER-
TAIN REQUIREMENTS.
(a) AMENDMENT TO TOXIC SUBSTANCES CONTROL ACT.—Section
6(e)(3) of the Toxic Substances Control Act (15 U.S.C. 2605(e)(3))
is amended—
(1) in subparagraph (A), by striking ‘‘subparagraphs (B)
and (C)’’ and inserting ‘‘subparagraphs (B), (C), and (D)’’;
(2) in subparagraph (B), by striking ‘‘but not more than
one year from the date it is granted’’ and inserting ‘‘but not
more than 1 year from the date it is granted, except as provided
in subparagraph (D)’’; and
(3) by adding at the end the following new subparagraph:
‘‘(D) The Administrator may extend an exemption granted
pursuant to subparagraph (B) that has not yet expired for a period
not to exceed 60 days for the purpose of authorizing the Secretary
of Defense and the Secretaries of the military departments to pro-
vide for the transportation into the customs territory of the United
States of polychlorinated biphenyls generated by or under the con-
trol of the Department of Defense for purposes of their disposal,
treatment, or storage in the customs territory of the United States
if those polychlorinated biphenyls are already in transit from their
storage locations but the Administrator determines, in the sole
discretion of the Administrator, they would not otherwise arrive
in the customs territory of the United States within the period
of the original exemption. The Administrator shall promptly publish
notice of such extension in the Federal Register.’’.
(b) SUNSET DATE.—The amendments made by subsection (a)
shall cease to have effect on September 30, 2012. The termination
of the authority to grant exemptions pursuant to such amendments
shall not effect the validity of any exemption granted prior to
such date.
(c) REPORT.—Not later than March 1, 2011, the Secretary of
Defense shall submit to the Committee on Armed Services and
the Committee on Environment and Public Works of the Senate
and the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives a report
on the status of foreign-manufactured polychlorinated biphenyls
under the control of the Department of Defense outside the United
States. The report shall address, at a minimum—
(1) the remaining volume of such foreign-manufactured
polychlorinated biphenyls that may require transportation into
the customs territory of the United States for disposal, treat-
ment, or storage; and
(2) the efforts that have been made by the Department
of Defense and other Federal agencies to reduce such volume
by—
15 USC 2605
note.
Federal Register,
publication.
Deadline.
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(A) reducing the volume of foreign-manufactured poly-
chlorinated biphenyls under the control of the Department
of Defense outside the United States; or
(B) developing alternative options for the disposal,
treatment, or storage of such foreign-manufactured poly-
chlorinated biphenyls.
SEC. 318. NATIONAL ACADEMY OF SCIENCES STUDY ON HUMAN EXPO-
SURE TO CONTAMINATED DRINKING WATER AT CAMP
LEJEUNE, NORTH CAROLINA.
(a) STUDY REQUIRED.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Navy shall
enter into an agreement with the National Academy of Sciences
to conduct a comprehensive review and evaluation of the avail-
able scientific and medical evidence regarding associations
between pre-natal, child, and adult exposure to drinking water
contaminated 
with 
trichloroethylene 
(TCE) 
and
tetrachloroethylene (PCE) at Camp Lejeune, North Carolina,
as well as other pre-natal, child, and adult exposures to levels
of trichloroethylene and tetrachloroethylene similar to those
experienced at Camp Lejeune, and birth defects or diseases
and any other adverse health effects.
(2) ELEMENTS.—In conducting the review and evaluation,
the Academy shall review and summarize the scientific and
medical evidence and assess the strength of that evidence in
establishing a link or association between exposure to trichloro-
ethylene and tetrachloroethylene and each birth defect or dis-
ease suspected to be associated with such exposure. For each
birth defect or disease reviewed, the Academy shall determine,
to the extent practicable with available scientific and medical
data, whether—
(A) a statistical association with such contaminant
exposures exists; and
(B) there exist plausible biological mechanisms or other
evidence of a causal relationship between contaminant
exposures and the birth defect or disease.
(3) SCOPE
OF
REVIEW.—In conducting the review and
evaluation, the Academy shall include a review and evaluation
of—
(A) the toxicologic and epidemiologic literature on
adverse 
health 
effects 
of 
trichloroethylene 
and
tetrachloroethylene, including epidemiologic and risk
assessment reports from government agencies;
(B) recent literature reviews by the National Research
Council, Institute of Medicine, and other groups;
(C) the completed and on-going Agency for Toxic Sub-
stances Disease Registry (ATSDR) studies on potential tri-
chloroethylene and tetrachloroethylene exposure at Camp
Lejeune; and
(D) published meta-analyses.
(4) PEER
REVIEW.—The Academy shall obtain the peer
review of the report prepared as a result of the review and
evaluation under applicable Academy procedures.
(5) SUBMITTAL.—The Academy shall submit the report pre-
pared as a result of the review and evaluation to the Secretary
and Congress not later than 18 months after entering into
Reports.
Deadline.
Deadline.
Contracts.
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the agreement for the review and evaluation under paragraph
(1).
(b) NOTICE ON EXPOSURE.—
(1) NOTICE
REQUIRED.—Upon completion of the current
epidemiological study by the Agency for Toxic Substances Dis-
ease Registry, known as the Exposure to Volatile Organic Com-
pounds in Drinking Water and Specific Birth Defects and Child-
hood Cancers, United States Marine Corps Base Camp Lejeune,
North Carolina, the Commandant of the Marine Corps shall
take appropriate actions, including the use of national media
such as newspapers, television, and the Internet, to notify
former Camp Lejeune residents and employees who may have
been exposed to drinking water impacted by trichloroethylene
and tetrachloroethylene of the results of the study.
(2) ELEMENTS.—The information provided by the Com-
mandant of the Marine Corps under paragraph (1) shall be
prepared in conjunction with the Agency for Toxic Substances
Disease Registry and shall include a description of sources
of additional information relating to such exposure, including,
but not be limited to, the following:
(A) A description of the events resulting in exposure
to contaminated drinking water at Camp Lejeune.
(B) A description of the duration and extent of the
contamination of drinking water at Camp Lejeune.
(C) The known and suspected health effects of exposure
to the drinking water impacted by trichloroethylene and
tetrachloroethylene at Camp Lejeune.
Subtitle C—Program Requirements,
Restrictions, and Limitations
SEC. 321. LIMITATION ON FINANCIAL MANAGEMENT IMPROVEMENT
AND AUDIT INITIATIVES WITHIN THE DEPARTMENT OF
DEFENSE.
(a) LIMITATION.—The Secretary of Defense may not obligate
or expend any funds for the purpose of any financial management
improvement activity relating to the preparation, processing, or
auditing of financial statements until the Secretary submits to
the congressional defense committees a written determination that
each activity proposed to be funded is—
(1) consistent with the financial management improvement
plan of the Department of Defense required by section 376(a)(1)
of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 190–163; 119 Stat. 3213); and
(2) likely to improve internal controls or otherwise result
in sustained improvements in the ability of the Department
to produce timely, reliable, and complete financial management
information.
(b) EXCEPTION.—The limitation in subsection (a) shall not apply
to an activity directed exclusively at assessing the adequacy of
internal controls and remediating any inadequacy identified pursu-
ant to such assessment.
10 USC 2222
note.
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SEC. 322. FUNDS FOR EXHIBITS FOR THE NATIONAL MUSEUMS OF
THE ARMED FORCES.
(a) NATIONAL MUSEUM OF THE UNITED STATES ARMY.—Of the
amounts authorized to be appropriated by section 301(1) for oper-
ation and maintenance for the Army, not less than $3,000,000
may be available to the Secretary of the Army for the acquisition,
installation, and maintenance of exhibits at the facility designated
by the Secretary as the National Museum of the United States
Army. The Secretary may enter into a contract with the Army
Historical Foundation for the purpose of performing such acquisi-
tion, installation, and maintenance.
(b) NATIONAL MUSEUM OF THE UNITED STATES NAVY.—Of the
amounts authorized to be appropriated by section 301(2) for oper-
ation and maintenance for the Navy, not less than $3,000,000
may be available to the Secretary of the Navy for the acquisition,
installation, and maintenance of exhibits at the facility designated
by the Secretary as the National Museum of the United States
Navy. The Secretary may enter into a contract with the Naval
Historical Foundation for the purpose of performing such acquisi-
tion, installation, and maintenance.
(c) NATIONAL MUSEUM OF THE MARINE CORPS AND HERITAGE
CENTER.—Of the amounts authorized to be appropriated by section
301(3) for operation and maintenance for the Marine Corps, not
less than $3,000,000 may be available to the Secretary of the
Navy for the acquisition, installation, and maintenance of exhibits
at the National Museum of the Marine Corps and Heritage Center.
The Secretary may enter into a contract with the United States
Marine Corps Heritage Foundation for the purpose of performing
such acquisition, installation, and maintenance.
(d) NATIONAL MUSEUM OF THE UNITED STATES AIR FORCE.—
Of the amounts authorized to be appropriated by section 301(4)
for operation and maintenance for the Air Force, not less than
$3,000,000 may be available to the Secretary of the Air Force
for the acquisition, installation, and maintenance of exhibits at
the facility designated by the Secretary as the National Museum
of the United States Air Force. The Secretary may enter into
a contract with the Air Force Museum Foundation for the purpose
of performing such acquisition, installation, and maintenance.
(e) REIMBURSEMENT.—
(1) AUTHORITY
TO
ACCEPT
REIMBURSEMENT.—After Sep-
tember 30, 2006, the Secretary of a military department may
accept funds from any non-profit entity authorized to support
the national museum of the applicable Armed Force to
reimburse the Secretary for amounts obligated and expended
by the Secretary from amounts made available to the Secretary
under this section.
(2) TREATMENT.—Amounts accepted as reimbursement
under paragraph (1) shall be credited to the account that was
used to cover the costs for which the reimbursement was pro-
vided. Amounts so credited shall be merged with amounts
in that account, and shall be available for the same purposes,
and subject to the same conditions and limitations, as other
amounts in that account.
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SEC. 323. PRIORITIZATION OF FUNDS FOR EQUIPMENT READINESS
AND STRATEGIC CAPABILITY.
(a) PRIORITIZATION OF FUNDS.—The Secretary of Defense shall
take such steps as may be necessary through the planning, program-
ming, budgeting, and execution systems of the Department of
Defense to ensure that financial resources are provided for each
fiscal year as necessary to enable—
(1) the Secretary of each military department to meet the
requirements of that military department for that fiscal year
for the repair, recapitalization, and replacement of equipment
used in the global war on terrorism; and
(2) the Secretary of the Army to meet the requirements
of the Army for that fiscal year, in addition to the requirements
under paragraph (1), for—
(A) the fulfillment of the equipment requirements of
units transforming to modularity in accordance with the
Modular Force Initiative report submitted to Congress in
March 2006; and
(B) the reconstitution of equipment and materiel in
prepositioned stocks in accordance with requirements
under the Army Prepositioned Stocks Strategy 2012 or
a subsequent strategy implemented under the guidelines
in section 2229 of title 10, United States Code.
(b) SUBMISSION OF BUDGET INFORMATION.—
(1) SUBMISSION OF INFORMATION.—As part of the budget
justification materials submitted to Congress in support of the
President’s budget for a fiscal year or a request for supple-
mental appropriations, the Secretary of Defense shall include
the following:
(A) The information described in paragraph (2) for
the fiscal year for which the budget justification materials
are submitted, the fiscal year during which the materials
are submitted, and the preceding fiscal year.
(B) The information described in paragraph (2) for
each of the fiscal years covered by the future-years defense
program for the fiscal year in which the report is submitted
based on estimates of any amounts required to meet each
of the requirements under subsection (a) that are not met
for that fiscal year and are deferred to the future-years
defense program.
(C) A consolidated budget justification summary of the
information submitted under subparagraphs (A) and (B).
(2) INFORMATION DESCRIBED.—The information described
in this paragraph is information that clearly and separately
identifies, by appropriations account, budget activity, activity
group, sub-activity group, and program element or line item,
the amounts requested for the programs, projects, and activities
of—
(A) each of the military departments for the repair,
recapitalization, or replacement of equipment used in the
global war on terrorism; and
(B) the Army for—
(i) the fulfillment of the equipment requirements
of units transforming to modularity; and
(ii) the reconstitution of equipment and materiel
in prepositioned stocks.
10 USC 229 note.
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(3) ADDITIONAL INFORMATION IN FIRST REPORT.—As part
of the budget justification materials submitted to Congress
in support of the President’s budget for fiscal year 2008, the
Secretary of Defense shall also include the information
described in paragraph (2) for fiscal years 2003, 2004, and
2005.
(c) ANNUAL REPORT ON ARMY PROGRESS.—On the date on which
the President submits to Congress the budget for a fiscal year
under section 1105 of title 31, United States Code, the Secretary
of the Army shall submit to the congressional defense committees
a report setting forth the progress of the Army in meeting the
requirements of subsection (a). Any information required to be
included in the report concerning funding priorities under para-
graph (1) or (2) of subsection (a) shall be itemized by active duty
component and reserve component. Each such report shall include
the following:
(1) A complete itemization of the requirements for the
funding priorities in subsection (a), including an itemization
for all types of modular brigades and an itemization for the
replacement of equipment withdrawn or diverted from the
reserve component for use in the global war on terrorism.
(2) A list of any shortfalls that exist between available
funding, equipment, supplies, and industrial capacity and
required funding, equipment, supplies, and industrial capacity
in accordance with the funding priorities in subsection (a).
(3) A list of the requirements for the funding priorities
in subsection (a) that the Army has included in the budget
for that fiscal year, including a detailed listing of the type,
quantity, and cost of the equipment the Army plans to repair,
recapitalize, or procure, set forth by appropriations account
and Army component.
(4) An assessment of the progress made during that fiscal
year toward meeting the overall requirements of the funding
priorities in subsection (a).
(5) A schedule for meeting the requirements of subsection
(a).
(6) A description of how the Army defines costs associated
with modularity versus the costs associated with modernizing
equipment platforms and the reset (repair, recapitalization,
or replacement) of equipment used during the global war on
terrorism, including the funding expended on, and the future
funding required for, such reset requirements.
(7) A complete itemization of the amount of funds expended
to date on the modular brigades.
(8) The results of Army assessments of modular force
capabilities, including lessons learned from existing modular
units and any modifications that have been made to modularity.
(9) The comments of the Chief of the National Guard
Bureau and the Chief of the Army Reserve on each of the
items described in paragraphs (1) through (8).
(d) ANNUAL
COMPTROLLER
GENERAL
REPORT
ON
ARMY
PROGRESS.—Not later than 45 days after the date on which the
President submits to Congress the budget for a fiscal year under
section 1105 of title 31, United States Code, the Comptroller Gen-
eral shall submit to the congressional defense committees a report
containing the assessment of the Comptroller General on the fol-
lowing:
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(1) The progress of the Army in meeting the requirements
of subsection (a), including progress in equipping and manning
modular units in the regular components and reserve compo-
nents of the Armed Forces.
(2) The use of funds by the Army for meeting the require-
ments of subsection (a).
(3) The progress of the Army in conducting further testing
and evaluations of designs under the modularity initiative.
(e) TERMINATION OF REPORT REQUIREMENTS.—The requirement
for the submission of a report under subsection (c) or (d) shall
terminate on the date of the submission of the report required
to be submitted under that subsection to accompany or follow the
President’s budget submission for fiscal year 2012.
SEC. 324. LIMITATION ON DEPLOYMENT OF MARINE CORPS TOTAL
FORCE SYSTEM TO NAVY.
(a) LIMITATION.—The Secretary of the Navy may not deploy
the Marine Corps Total Force System (MCTFS) (or any derivative
system of the MCTFS) to the Navy until the date on which the
congressional defense committees and the Secretary of the Navy
receive the written determination of the Chairman of the Defense
Business Systems Management Committee submitted under sub-
section (d) that the deployment of the MCTFS to the Navy is
in the best interests of the Department of Defense.
(b) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees and the Comptroller
General a report on the Marine Corps Total Force System (MCTFS).
The report shall include the following:
(1) An analysis of alternatives to the MCTFS, including
a detailed comparison between the cost of deploying and oper-
ating the MCTFS within the Navy and the cost of including
the Navy in the Defense Integrated Military Human Resources
System.
(2) A business case analysis, including an analysis of the
costs and benefits to both the Department of the Navy and
the Department of Defense of the alternatives to the MCTFS
considered under the analysis required by paragraph (1).
(3) An analysis of the compatibility of the MCTFS with
the enterprise architecture of the Department of Defense,
including a detailed estimate of all interface costs with current
or planned Department-wide military manpower, personnel,
and pay information technology systems.
(c) COMPTROLLER GENERAL ASSESSMENT.—Not later than 90
days after the date on which the Comptroller General receives
the report submitted under subsection (b), the Comptroller General
shall submit to the congressional defense committees and to the
Chairman of the Defense Business Systems Management Com-
mittee a written assessment of the report.
(d) DETERMINATION OF CHAIRMAN OF DEFENSE BUSINESS SYS-
TEMS MANAGEMENT COMMITTEE.—Not sooner than 120 days after
the date on which the Comptroller General receives the report
submitted under subsection (b), the Chairman of the Defense Busi-
ness Systems Management Committee shall review the analysis
included in the report, together with any other relevant information
available to the Chairman, and submit to the congressional defense
committees and the Secretary of the Navy the written determination
Deadline.
Deadline.
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of the Chairman of whether the deployment of the MCTFS to
the Navy is in the best interests of the Department of Defense.
Subtitle D—Workplace and Depot Issues
SEC. 331. PERMANENT EXCLUSION OF CERTAIN CONTRACT EXPENDI-
TURES 
FROM 
PERCENTAGE 
LIMITATION 
ON 
THE
PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.
(a) PERMANENT EXCLUSION.—Section 2474(f) of title 10, United
States Code, is amended—
(1) by striking ‘‘(1) Amounts’’ and inserting ‘‘Amounts’’;
(2) by striking ‘‘entered into during fiscal years 2003
through 2009’’; and
(3) by striking paragraph (2).
(b) INCLUSION OF CERTAIN ITEMS IN ANNUAL REPORT.—
(1) INCLUSION OF CERTAIN ITEMS.—Paragraph (2) of section
2466(d) of such title is amended to read as follows:
‘‘(2) Each report required under paragraph (1) shall include
as a separate item any expenditure covered by section 2474(f)
of this title that was made during the fiscal year covered by the
report and shall specify the amount and nature of each such
expenditure.’’.
(2) CONFORMING AMENDMENT.—The heading for subsection
(d) of section 2466 of such title is amended to read as follows:
‘‘ANNUAL REPORT.—’’.
SEC. 332. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS.
(a) MINIMUM INVESTMENT LEVELS.—Chapter 146 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 2476. Minimum capital investment for certain depots
‘‘(a) MINIMUM INVESTMENT.—Each fiscal year, the Secretary
of a military department shall invest in the capital budgets of
the covered depots of that military department a total amount
equal to not less than six percent of the average total combined
workload funded at all the depots of that military department
for the preceding three fiscal years.
‘‘(b) CAPITAL BUDGET.—For purposes of this section, the capital
budget of a depot includes investment funds spent on depot infra-
structure, equipment, and process improvement in direct support
of depot operations.
‘‘(c) WAIVER.—The Secretary of Defense may waive the require-
ment under subsection (a) with respect to a military department
for a fiscal year if the Secretary determines that the waiver is
necessary for reasons of national security. Whenever the Secretary
makes such a waiver, the Secretary shall notify the congressional
defense committees of the waiver and the reasons for the waiver.
‘‘(d) ANNUAL REPORT.—(1) Not later than 45 days after the
date on which the President submits to Congress the budget for
a fiscal year under section 1105 of title 31, the Secretary of Defense
shall submit to the congressional defense committees a report con-
taining budget justification documents summarizing the level of
capital investment for each military department as of the end
of the preceding fiscal year.
‘‘(2) Each report submitted under paragraph (1) shall include
the following:
Notification.
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‘‘(A) A specification of any statutory, regulatory, or oper-
ational impediments to achieving the requirement under sub-
section (a) with respect to each military department.
‘‘(B) A description of the benchmarks for capital investment
established for each covered depot and military department
and the relationship of the benchmarks to applicable perform-
ance measurement methods used in the private sector.
‘‘(C) If the requirement under subsection (a) is not met
for a military department for the fiscal year covered by the
report, a statement of the reasons why the requirement was
not met and a plan of actions for meeting the requirement
for the fiscal year beginning in the year in which such report
is submitted.
‘‘(e) COVERED DEPOT.—In this section, the term ‘covered depot’
means any of the following:
‘‘(1) With respect to the Department of the Army:
‘‘(A) Anniston Army Depot, Alabama.
‘‘(B) Letterkenny Army Depot, Pennsylvania.
‘‘(C) Tobyhanna Army Depot, Pennsylvania.
‘‘(D) Corpus Christi Army Depot, Texas.
‘‘(E) Red River Army Depot, Texas.
‘‘(2) With respect to the Department of the Navy:
‘‘(A) Fleet Readiness Center East Site, Cherry Point,
North Carolina.
‘‘(B) Fleet Readiness Center Southwest Site, North
Island, California.
‘‘(C) Fleet Readiness Center Southeast Site, Jackson-
ville, Florida.
‘‘(D) Portsmouth Naval Shipyard, Maine.
‘‘(E) Pearl Harbor Naval Shipyard, Hawaii.
‘‘(F) Puget Sound Naval Shipyard, Washington.
‘‘(G) Norfolk Naval Shipyard, Virginia.
‘‘(H) Marine Corps Logistics Base, Albany, Georgia.
‘‘(I) Marine Corps Logistics Base, Barstow, California.
‘‘(3) With respect to the Department of the Air Force:
‘‘(A) Warner-Robins Air Logistics Center, Georgia.
‘‘(B) Ogden Air Logistics Center, Utah.
‘‘(C) Oklahoma City Air Logistics Center, Oklahoma.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2476. Minimum capital investment for certain depots.’’.
(c) EFFECTIVE DATE.—Section 2476 of title 10, United States
Code, as added by subsection (a), shall take effect on October
1, 2006.
(d) TWO YEAR PHASE-IN FOR DEPARTMENTS OF THE ARMY AND
THE NAVY.—
(1) REDUCED PERCENTAGE OF REQUIRED INVESTMENT FOR
FISCAL YEARS 2007 AND 2008.—The Secretary of the Army shall
apply subsection (a) of section 2476 of title 10, United States
Code, as added by subsection (a), to the covered depots of
the Army, and the Secretary of the Navy shall apply such
subsection to the covered depots of the Department of the
Navy—
(A) for fiscal year 2007, by substituting ‘‘four percent’’
for ‘‘six percent’’; and
Applicability.
10 USC 2476
note.
10 USC 2476
note.
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PUBLIC LAW 109–364—OCT. 17, 2006
(B) for fiscal year 2008, by substituting ‘‘five percent’’
for ‘‘six percent’’.
(2) COVERED DEPOTS.—In this subsection, the term ‘‘covered
depot’’ has the meaning given that term in subsection (e) of
section 2476 of title 10, United States Code, as added by sub-
section (a).
SEC. 333. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACTOR
PERFORMANCE OF SECURITY GUARD FUNCTIONS.
(a) EXTENSION AND LIMITATION ON TOTAL NUMBER OF CONTRAC-
TORS.—Section 332(c) of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003 (Public Law 107–314) is amended—
(1) by striking ‘‘September 30, 2007’’ both places it appears
and inserting ‘‘September 30, 2009’’;
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) LIMITATION.—The total number of personnel employed to
perform security guard functions under all contracts entered into
pursuant to this section shall not exceed—
‘‘(1) for fiscal year 2007, the total number of such personnel
employed under such contracts on October 1, 2006;
‘‘(2) for fiscal year 2008, the number equal to 90 percent
of the total number of such personnel employed under such
contracts on October 1, 2006; and
‘‘(3) for fiscal year 2009, the number equal to 80 percent
of the total number of such personnel employed under such
contracts on October 1, 2006.’’.
(b) REPORT ON CONTRACTOR PERFORMANCE OF SECURITY-GUARD
FUNCTIONS.—Not later than February 1, 2007, 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 on contractor performance of security
guard functions under section 332 of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law 107–
314). The report shall include the following:
(1) An explanation of progress made toward implementing
each of the seven recommendations in the Comptroller General
report entitled ‘‘Contract Security Guards: Army’s Guard Pro-
gram Requires Greater Oversight and Reassessment of Acquisi-
tion Approach’’ (GAO–06–284).
(2) An assessment, taking into consideration the observa-
tions made by the Comptroller General on the report of the
Department of Defense of November 2005 that is entitled
‘‘Department of Defense Installation Security Guard Require-
ment Assessment and Plan’’, of the following:
(A) The cost-effectiveness of using contractors rather
than Department of Defense employees to perform security-
guard functions.
(B) The performance of contractors employed as secu-
rity guards compared with the performance of military
personnel who have served as security guards.
(C) Specific results of on-site visits made by officials
designated by the Secretary of Defense to military installa-
tions using contractors to perform security-guard functions.
(c) CONTRACT LIMITATION.—No contract may be entered into
under section 332 of the Bob Stump National Defense Authorization
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Act for Fiscal Year 2003 (Public Law 107–314) after September
30, 2007, until the report required under subsection (b) is submitted.
Subtitle E—Reports
SEC. 341. REPORT ON NAVY FLEET RESPONSE PLAN.
(a) REPORT REQUIRED.—Not later than December 1, 2006, the
Secretary of the Navy shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the program of the Navy
referred to as the Fleet Response Plan. The report shall include
the following:
(1) A directive that provides guidance for the conduct of
the Plan and standardizes terms and definitions.
(2) Performance measures for evaluation of the Plan.
(3) Costs and resources needed to achieve objectives of
the Plan, including any incremental effect on the Navy Oper-
ation and Maintenance budget.
(4) Operational tests, exercises, war games, experiments,
and deployments used to test performance.
(5) A collection and synthesis of lessons learned from the
implementation of the Plan as of the date on which the report
is submitted.
(6) Evaluation of each of the following with respect to
each ship participating in the Plan:
(A) Combat readiness, including training requirements.
(B) Ship material condition, including trending data
for mission degrading casualty reports rated as C3 or C4.
(C) Professional development training requirements
accomplished during a deployment and at home station.
(D) Crew retention statistics.
(7) Any proposed changes to the Surface Force Training
Manual.
(8) The amount of funding required to effectively implement
the operation and maintenance requirements of the Plan by
ship class.
(9) Any recommendations of the Secretary of the Navy
with respect to expanding the Plan to include Expeditionary
Strike Groups.
(b) COMPTROLLER GENERAL REPORT.—Not later than 120 days
after the date on which the Secretary of the Navy submits the
report required under subsection (a), the Comptroller General shall
submit to the congressional defense committees a report containing
a review of the report required under that subsection. The Comp-
troller General’s report shall include the following:
(1) An examination of the management approaches of the
Navy in implementing the Fleet Response Plan.
(2) An assessment of the adequacy of Navy directives and
guidance with respect to maintenance and training require-
ments and procedures.
(3) An analysis and assessment of the adequacy of the
Navy’s evaluation criteria for the Plan.
(4) An evaluation of Navy data on aircraft carriers,
destroyers, and cruisers that participated in the Plan with
respect to readiness, response time, and availability for routine
or unforeseen deployments.
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(5) An assessment of the Navy’s progress in identifying
the amount of funding required to effectively implement the
operations and maintenance requirements of the Plan and the
effect of providing funding in an amount less than that amount.
(6) Any recommendations of the Comptroller General with
respect to expanding the Plan to include Expeditionary Strike
Groups.
(c) POSTPONEMENT OF EXPANSION.—The Secretary of the Navy
may not expand the implementation of the Fleet Response Plan
beyond the Carrier Strike Groups until the date that is six months
after the date on which the Secretary of the Navy submits the
report required under subsection (a).
SEC. 342. REPORT ON NAVY SURFACE SHIP ROTATIONAL CREW PRO-
GRAMS.
(a) REPORT REQUIRED.—Not later than April 1, 2007, the Sec-
retary of the Navy shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives a report on the ship rotational crew experiment
referred to in subsection (c)(1). The report shall include the fol-
lowing:
(1) A comparison between the three destroyers participating
in that experiment and destroyers not participating in the
experiment that takes into consideration each of the following:
(A) Cost-effectiveness, including a comparison of travel
and per diem expenses, maintenance costs, and other costs.
(B) Maintenance procedures, impacts, and deficiencies,
including the number and characterization of maintenance
deficiencies, the extent of voyage repairs, post-deployment
assessments of the material condition of the ships, and
the extent to which work levels were maintained.
(C) Mission training requirements.
(D) 
Professional 
development 
requirements 
and
opportunities.
(E) Liberty port of call opportunities.
(F) Movement and transportation of crew.
(G) Inventory and property accountability.
(H) Policies and procedures for assigning billets for
rotating crews.
(I) Crew retention statistics.
(J) Readiness and mission capability data.
(2) Results from surveys administered or focus groups held
to obtain representative views from commanding officers, offi-
cers, and enlisted members on the effects of rotational crew
experiments on quality of life, training, professional develop-
ment, maintenance, mission effectiveness, and other issues.
(3) The extent to which standard policies and procedures
were developed and used for participating ships.
(4) Lessons learned from the experiment.
(5) An assessment from the combatant commanders on
the crew mission performance when deployed.
(6) An assessment from the commander of the Fleet Forces
Command on the material condition, maintenance, and crew
training of each participating ship.
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(7) Any recommendations of the Secretary of the Navy
with respect to the extension of the ship rotational crew experi-
ment or the implementation of the experiment for other surface
vessels.
(b) POSTPONEMENT OF IMPLEMENTATION.—The Secretary of the
Navy may not begin implementation of any new surface ship rota-
tional crew experiment or program during the period beginning
on the date of the enactment of this Act and ending on October
1, 2009.
(c) TREATMENT OF EXISTING EXPERIMENTS.—
(1) DESTROYER EXPERIMENT.—Not later than January 1,
2007, the Secretary of the Navy shall terminate the existing
ship rotational crew experiment involving the U.S.S. Gonzalez
(DDG–66), the U.S.S. Stout (DDG–55), and the U.S.S. Laboon
(DDG–58) that is known as the ‘‘sea swap’’.
(2) PATROL
COASTAL
CLASS
SHIP
EXPERIMENT.—The Sec-
retary of the Navy may continue the existing ship rotational
crew program that is currently in use by overseas-based Patrol
Coastal class ships.
(3) MINE COUNTERMEASURES SHIPS.—The Secretary of the
Navy may continue the existing ship rotational crew program
that is currently in use by MCM and MHC ships.
(4) LITTORAL COMBAT SHIPS.—The Secretary of the Navy
may employ a two crew for one ship (commonly referred to
as Blue-Gold) rotational crew program for the first two ships
of each Littoral combat ship design (LCS 1–4).
(d) COMPTROLLER GENERAL REPORT.—Not later than July 15,
2007, the Comptroller General shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives a report on the ship rotational
crew experiment referred to in subsection (c)(1). The report shall
include the following:
(1) A review of the report submitted by the Secretary
of the Navy under subsection (a) and an assessment of the
extent to which the Secretary fully addressed costs, quality
of life, training, maintenance, and mission effectiveness, and
other relevant issues in that report.
(2) An assessment of the extent to which the Secretary
established and applied a comprehensive framework for
assessing the use of ship rotational crew experiments, including
formal objectives, metrics, and methodology for assessing the
cost-effectiveness of such experiments.
(3) An assessment of the extent to which the Secretary
established effective guidance for the use of ship rotational
crew experiments.
(4) Lessons learned from recent ship rotational crew experi-
ments and an assessment of the extent to which the Navy
systematically collects and shares lessons learned.
(e) CONGRESSIONAL BUDGET OFFICE REPORT.—Not later than
July 15, 2007, the Director of the Congressional Budget Office
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives a report on the long-term implications of the use of crew
rotation on Navy ships on the degree of forward presence provided
by Navy ships. The report shall include the following:
Deadline.
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(1) An analysis of different approaches to crew rotation
and the degree of forward presence each approach would pro-
vide.
(2) A comparison of the degree of forward presence provided
by the fleet under the long-term shipbuilding plan of the Navy
with and without the widespread use of crew rotation.
(3) The long-term benefits and costs of using crew rotation
on Navy ships.
SEC. 343. REPORT ON ARMY LIVE-FIRE RANGES IN HAWAII.
Not later than March 1, 2007, the Secretary of the Army
shall submit to Congress a report on the adequacy of the live-
fire ranges of the Army in the State of Hawaii with respect to
current and future training requirements. The report shall include
the following:
(1) An evaluation of the capacity of the existing live-fire
ranges to meet the training requirements of the Army, including
the training requirements of Stryker Brigade Combat Teams.
(2) A description of any existing plan to modify or expand
any range in Hawaii for the purpose of meeting anticipated
live-fire training requirements.
(3) A description of the current live-fire restrictions at
the Makua Valley range and the effect of these restrictions
on unit readiness.
(4) Cost and schedule estimates for the construction of
new ranges or the modification of existing ranges that are
necessary to support future training requirements if existing
restrictions on training at the Makua Valley range remain
in place.
SEC. 344. COMPTROLLER GENERAL REPORT ON JOINT STANDARDS
AND PROTOCOLS FOR ACCESS CONTROL SYSTEMS AT
DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Comptroller General shall submit
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report
containing the assessment of the Comptroller General of—
(1) the extent to which consistency exists in standards,
protocols, and procedures for access control across installations
of the Department of Defense; and
(2) whether the establishment of joint standards and proto-
cols for access control at such installations would be likely
to—
(A) address any need of the Department identified
by the Comptroller General; or
(B) improve access control across such installations
by providing greater consistency and improved force protec-
tion.
(b) ISSUES TO BE ASSESSED.—In conducting the assessment
required by subsection (a), the Comptroller General shall assess
the extent to which each installation of the Department of Defense
has or would benefit from having an access control system with
the ability to—
(1) electronically check any identification card issued by
any Federal agency or any State or local government within
the United States, including any identification card of a visitor
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to the installation who is a citizen or legal resident of the
United States;
(2) verify that an identification card used to obtain access
to the installation was legitimately issued and has not been
reported lost or stolen;
(3) check on a real-time basis all relevant watch lists main-
tained by the Government, including terrorist watch lists and
lists of persons wanted by Federal, State, or local law enforce-
ment authorities;
(4) maintain a log of individuals seeking access to the
installation and of individuals who are denied access to the
installation; and
(5) exchange information with any installation with a
system that complies with the joint standards and protocols.
SEC. 345. COMPTROLLER GENERAL REPORT ON READINESS OF ARMY
AND MARINE CORPS GROUND FORCES.
(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than June 1, 2007, the Comp-
troller General shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services of
the House of Representatives a report on the readiness of
the active component and reserve component ground forces
of the Army and the Marine Corps.
(2) ONE OR MORE REPORTS.—In complying with the require-
ments of this section, the Comptroller General may submit
a single report addressing all the elements specified in sub-
section (b) or two or more reports addressing any combination
of such elements. If the Comptroller General submits more
than one report under this section, all such reports shall be
submitted not later than the date specified in paragraph (1).
(b) ELEMENTS.—The elements specified in this subsection are
the following:
(1) An analysis of the current readiness status of each
of the active component and reserve component ground forces
of the Army and the Marine Corps, including a description
of any major deficiency identified, an analysis of the trends
in readiness of such forces during not less than the ten-year
period preceding the date on which the report is submitted,
and a comparison of the current readiness indicators of such
ground forces with historical patterns.
(2) An assessment of the ability of the Army and the
Marine Corps to provide trained and ready forces for ongoing
operations as well as other commitments assigned to the Army
and the Marine Corps in defense planning documents.
(3) An analysis of the availability of equipment for training
by units of the Army and the Marine Corps in the United
States in configurations comparable to the equipment being
used by units of the Army and the Marine Corps, as applicable,
in ongoing operations.
(4) An analysis of the current and projected requirements
for repair or replacement of equipment of the Army and the
Marine Corps due to ongoing operations and the effect of such
required repair or replacement of equipment on the availability
of equipment for training.
(5) An assessment of the current personnel tempo of Army
and Marine Corps forces, including—
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(A) a comparison of such tempos to historical trends;
(B) an identification of particular occupational special-
ties that are experiencing unusually high or low deploy-
ment rates; and
(C) an analysis of retention rates in the occupational
specialties identified under subparagraph (B).
(6) An assessment of the efforts of the Army and the
Marine Corps to mitigate the impact of high operational tempos,
including cross-leveling of personnel and equipment or cross
training of personnel or units for new or additional mission
requirements.
(7) A description of the current policy of the Army and
the Marine Corps with respect to the mobilization of reserve
component personnel, together with an analysis of the number
of reserve component personnel in each of the Army and the
Marine Corps that are projected to be available for deployment
under such policy.
(c) FORM OF REPORT.—Any report submitted under subsection
(a) shall be submitted in both classified and unclassified form.
SEC. 346. REPORT ON AIR FORCE SAFETY REQUIREMENTS FOR AIR
FORCE FLIGHT TRAINING OPERATIONS AT PUEBLO MEMO-
RIAL AIRPORT, COLORADO.
(a) REPORT REQUIRED.—Not later than February 15, 2007, the
Secretary of the Air Force shall submit to the congressional defense
committees a report on Air Force safety requirements for Air Force
flight training operations at Pueblo Memorial Airport, Colorado.
(b) ELEMENTS.—The report required under subsection (a) shall
include each of the following:
(1) A description of the Air Force flying operations at
Pueblo Memorial Airport, including the Initial Flight Screening
program.
(2) An assessment of the impact of Air Force operations
at Pueblo Memorial Airport on non-Air Force activities at the
airport.
(3) A description of the requirements necessary at Pueblo
Memorial Airport to ensure safe Air Force flying operations,
including the continuous availability of fire protection, crash
rescue, and other emergency response capabilities.
(4) An assessment of the necessity of providing for a contin-
uous fire-fighting capability at Pueblo Memorial Airport.
(5) A description and analysis of any alternatives for Air
Force flying operations at Pueblo Memorial Airport, including
the cost and availability of any such alternatives.
(6) A description of Air Force funding of fire-fighting and
crash rescue support at Pueblo Memorial Airport through the
services contract for the Initial Flight Screening program.
(7) An assessment of whether Air Force funding is required
to assist the City of Pueblo, Colorado, in meeting Air Force
requirements for safe Air Force flight operations at Pueblo
Memorial Airport, and if such funding is required, the plan
of the Secretary of the Air Force to provide such funding to
the city.
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PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 347. ANNUAL REPORT ON PERSONNEL SECURITY INVESTIGA-
TIONS FOR INDUSTRY AND NATIONAL INDUSTRIAL SECU-
RITY PROGRAM.
(a) ANNUAL REPORT REQUIRED.—The Secretary of Defense shall
include in the budget justification documents submitted to Congress
in support of the President’s budget for the Department of Defense
for each fiscal year, a report on the future requirements of the
Department of Defense with respect to the Personnel Security Inves-
tigations for Industry and the National Industrial Security Program
of the Defense Security Service.
(b) CONTENTS OF REPORT.—Each report required to be sub-
mitted under subsection (a) shall include the following:
(1) The funding requirements of the personnel security
clearance investigation program and ability of the Secretary
of Defense to fund the program.
(2) The size of the personnel security clearance investiga-
tion process backlog.
(3) The length of the average delay for an individual case
pending in the personnel security clearance investigation
process.
(4) Any progress made by the Secretary of Defense during
the 12 months preceding the date on which the report is sub-
mitted toward implementing planned changes in the personnel
security clearance investigation process.
(5) A determination certified by the Secretary of Defense
of whether the personnel security clearance investigation
process has improved during the 12 months preceding the date
on which the report is submitted.
(c) COMPTROLLER GENERAL REPORT.—Not later than 180 days
after the Secretary of Defense submits the first report required
under subsection (a), the Comptroller General shall submit to Con-
gress a report that contains a review of such report. The Comptroller
General’s report shall include the following:
(1) The number of personnel security clearance investiga-
tions conducted during the period beginning on October 1,
1999, and ending on September 30, 2006.
(2) The number of each type of security clearance granted
during that period.
(3) The unit cost to the Department of Defense of each
security clearance granted during that period.
(4) The amount of any fee or surcharge paid to the Office
of Personnel Management as a result of conducting a personnel
security clearance investigation.
(5) A description of the procedures used by the Secretary
of Defense to estimate the number of personnel security clear-
ance investigations to be conducted during a fiscal year.
(6) A description of any plan developed by the Secretary
of Defense to reduce delays and backlogs in the personnel
security clearance investigation process.
(7) A description of any plan developed by the Secretary
of Defense to adequately fund the personnel security clearance
investigation process.
(8) A description of any plan developed by the Secretary
of Defense to establish a more stable and effective Personnel
Security Investigations Program.
Certification.
10 USC 221 note.
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PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 348. FIVE-YEAR EXTENSION OF ANNUAL REPORT ON TRAINING
RANGE SUSTAINMENT PLAN AND TRAINING RANGE INVEN-
TORY.
Section 366 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2522;
10 U.S.C. 113 note) is amended—
(1) in subsections (a)(5) and (c)(2), by striking ‘‘fiscal years
2005 through 2008’’ and inserting ‘‘fiscal years 2005 through
2013’’; and
(2) in subsection (d), by striking ‘‘within 60 days of receiving
a report’’ and inserting ‘‘within 90 days of receiving a report’’.
SEC. 349. REPORTS ON WITHDRAWAL OR DIVERSION OF EQUIPMENT
FROM RESERVE UNITS FOR SUPPORT OF RESERVE UNITS
BEING MOBILIZED AND OTHER UNITS.
(a) REPORT REQUIRED ON WITHDRAWAL OR DIVERSION OF EQUIP-
MENT.—Not later than 90 days after the date on which the Secretary
concerned (as that term is defined in section 101(a)(9) of title
10, United States Code) withdraws or diverts equipment from any
reserve component unit for the purpose of transferring such equip-
ment to a reserve component unit that is ordered to active duty
under section 12301, 12302, or 12304 of title 10, United States
Code, or to an active component unit for the purpose of discharging
the mission of the unit to which the equipment is diverted, the
Secretary concerned shall submit to the Secretary of Defense a
status report on such withdrawal or diversion of equipment.
(b) ELEMENTS OF STATUS REPORT.—Each status report under
subsection (a) shall include the following:
(1) A plan to repair, recapitalize, or replace the equipment
withdrawn or diverted within the unit from which it is being
withdrawn or diverted.
(2) In the case of equipment that is to remain in a theater
of operations while the unit from which the equipment is with-
drawn or diverted leaves the theater of operations, a plan
to provide that unit with equipment appropriate to ensure
the continuation of the readiness training of the unit.
(3) A signed memorandum of understanding between the
active or reserve component to which the equipment is diverted
and the reserve component from which the equipment is with-
drawn or diverted that specifies—
(A) how the equipment will be accounted for; and
(B) when the equipment will be returned to the compo-
nent from which it was withdrawn or diverted.
(c) REPORTS TO CONGRESS.—Not later than 90 days after the
date of the enactment of this Act and every 90 days thereafter,
the Secretary of Defense shall submit to Congress all status reports
submitted under subsection (a) during the 90-day period preceding
the date on which the Secretary of Defense submits such reports.
(d) TERMINATION.—This section shall terminate on the date
that is five years after the date of the enactment of this Act.
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120 STAT. 2160
PUBLIC LAW 109–364—OCT. 17, 2006
Subtitle F—Other Matters
SEC. 
351. 
DEPARTMENT 
OF 
DEFENSE 
STRATEGIC 
POLICY 
ON
PREPOSITIONING OF MATERIEL AND EQUIPMENT.
(a) STRATEGIC POLICY REQUIRED.—Chapter 131 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 2229. Strategic policy on prepositioning of materiel and
equipment
‘‘(a) POLICY REQUIRED.—The Secretary of Defense shall main-
tain a strategic policy on the programs of the Department of Defense
for the prepositioning of materiel and equipment. Such policy shall
take into account national security threats, strategic mobility,
service requirements, and the requirements of the combatant com-
mands.
‘‘(b) LIMITATION OF DIVERSION OF PREPOSITIONED MATERIEL.—
The Secretary of a military department may not divert materiel
or equipment from prepositioned stocks except—
‘‘(1) in accordance with a change made by the Secretary
of Defense to the policy maintained under subsection (a); or
‘‘(2) for the purpose of directly supporting a contingency
operation or providing humanitarian assistance under chapter
20 of this title.
‘‘(c) CONGRESSIONAL NOTIFICATION.—The Secretary of Defense
may not implement or change the policy required under subsection
(a) until the Secretary submits to the congressional defense commit-
tees a report describing the policy or change to the policy.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2229. Strategic policy on prepositioning of materiel and equipment.’’.
(c) DEADLINE FOR ESTABLISHMENT OF POLICY.—
(1) DEADLINE.—Not later than six months after the date
of the enactment of this Act, the Secretary of Defense shall
establish the strategic policy on the programs of the Depart-
ment of Defense for the prepositioning of materiel and equip-
ment required under section 2229 of title 10, United States
Code, as added by subsection (a).
(2) LIMITATION
ON
DIVERSION
OF
PREPOSITIONED
MATE-
RIEL.—During the period beginning on the date of the enact-
ment of this Act and ending on the date on which the Secretary
of Defense submits the report required under section 2229(c)
of title 10, United States Code, on the policy referred to in
paragraph (1), the Secretary of a military department may
not divert materiel or equipment from prepositioned stocks
except for the purpose of directly supporting a contingency
operation or providing humanitarian assistance under chapter
20 of that title.
SEC. 352. AUTHORITY TO MAKE DEPARTMENT OF DEFENSE HORSES
AVAILABLE FOR ADOPTION.
(a) INCLUSION OF DEPARTMENT OF DEFENSE HORSES IN EXISTING
AUTHORITY.—Section 2583 of title 10, United States Code, is
amended—
10 USC 2229
note.
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PUBLIC LAW 109–364—OCT. 17, 2006
(1) in the section heading, by striking ‘‘working dogs’’
and inserting ‘‘animals’’;
(2) by striking ‘‘working’’ each place it appears;
(3) by striking ‘‘dog’’ and ‘‘dogs’’ each place they appear
and inserting ‘‘animal’’ and ‘‘animals’’, respectively;
(4) by striking ‘‘dog’s’’ in paragraphs (1) and (2) of sub-
section (a) and inserting ‘‘animal’s’’;
(5) by striking ‘‘a dog’s adoptability’’ in subsection (b) and
inserting ‘‘the adoptability of the animal’’; and
(6) by adding at the end the following new subsection:
‘‘(g) MILITARY ANIMAL DEFINED.—In this section, the term ‘mili-
tary animal’ means the following:
‘‘(1) A military working dog.
‘‘(2) A horse owned by the Department of Defense.’’.
(b) CLERICAL AMENDMENT.—The item relating to such section
in the table of sections at the beginning of chapter 153 of such
title is amended to read as follows:
‘‘2583. Military animals: transfer and adoption.’’.
SEC. 353. SALE AND USE OF PROCEEDS OF RECYCLABLE MUNITIONS
MATERIALS.
(a) ESTABLISHMENT
OF PROGRAM.—Chapter 443 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 4690. Recyclable munitions materials: sale; use of proceeds
‘‘(a) AUTHORITY FOR PROGRAM.—Notwithstanding section 2577
of this title, the Secretary of the Army may carry out a program
to sell recyclable munitions materials resulting from the demili-
tarization of conventional military munitions without regard to
chapter 5 of title 40 and use any proceeds in accordance with
subsection (c).
‘‘(b) METHOD OF SALE.—The Secretary shall use competitive
procedures to sell recyclable munitions materials under this section
in a manner consistent with Federal procurement laws and regula-
tions.
‘‘(c) PROCEEDS.—(1) Proceeds from the sale of recyclable muni-
tions materials under this section shall be credited to an account
that is specified as being for Army ammunition demilitarization
from funds made available for the procurement of ammunition,
to be available only for reclamation, recycling, and reuse of conven-
tional military munitions (including research and development and
equipment purchased for such purpose).
‘‘(2) Amounts credited under this subsection shall be available
for obligation for the fiscal year during which the funds are so
credited and for three subsequent fiscal years.
‘‘(d) REGULATIONS.—The Secretary shall prescribe regulations
to carry out the program established under this section. Such regu-
lations shall be consistent and in compliance with the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.) and the regulations imple-
menting that Act.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘4690. Recyclable munitions materials: sale; use of proceeds.’’.
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120 STAT. 2162
PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 354. RECOVERY AND TRANSFER TO CORPORATION FOR THE PRO-
MOTION OF RIFLE PRACTICE AND FIREARMS SAFETY OF
CERTAIN FIREARMS, AMMUNITION, AND PARTS GRANTED
TO FOREIGN COUNTRIES.
(a) AUTHORITY TO RECOVER; TRANSFER TO CORPORATION.—Sub-
chapter II of chapter 407 of title 36, United States Code, is amended
by inserting after section 40728 the following new section:
‘‘§ 40728A. Recovery of excess firearms, ammunition, and
parts granted to foreign countries and transfer
to corporation
‘‘(a) AUTHORITY TO RECOVER.—The Secretary of the Army may
recover from any country to which rifles, ammunition, repair parts,
or other supplies described in section 40731(a) of this title are
furnished on a grant basis under the conditions imposed by section
505 of the Foreign Assistance Act of 1961 (22 U.S.C. 2314) any
such rifles, ammunition, repair parts, or supplies that become excess
to the needs of such country.
‘‘(b) COST OF RECOVERY.—(1) Except as provided in paragraph
(2), the cost of recovery of any rifles, ammunition, repair parts,
or supplies under subsection (a) shall be treated as incremental
direct costs incurred in providing logistical support to the corpora-
tion for which reimbursement shall be required as provided in
section 40727(a) of this title.
‘‘(2) The Secretary may require the corporation to pay costs
of recovery described in paragraph (1) in advance of incurring
such costs. Amounts so paid shall not be subject to the provisions
of section 3302 of title 31, but shall be administered in accordance
with the last sentence of section 40727(a) of this title.
‘‘(c) AVAILABILITY FOR TRANSFER TO CORPORATION.—Any rifles,
ammunition, repair parts, or supplies recovered under subsection
(a) shall be available for transfer to the corporation in accordance
with section 40728 of this title under such additional terms and
conditions as the Secretary shall prescribe for purposes of this
section.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 40728 the following new item:
‘‘40728A. Recovery of excess firearms, ammunition, and parts granted to foreign
countries and transfer to corporation.’’.
SEC. 355. EXTENSION OF DEPARTMENT OF DEFENSE TELECOMMUNI-
CATIONS BENEFIT PROGRAM.
(a) TERMINATION AT END OF CONTINGENCY OPERATION.—Sub-
section (c) of section 344 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108–136) is amended to
read as follows:
‘‘(c) TERMINATION OF BENEFIT.—The authority to provide a ben-
efit under subsection (a)(1) to a member directly supporting a
contingency operation shall terminate on the date that is 60 days
after the date on which the Secretary determines that the contin-
gency operation has ended.’’.
(b) APPLICATION TO OTHER CONTINGENCY OPERATIONS.—Such
section is further amended—
(1) in subsection (a), by striking ‘‘Operation Iraqi Freedom
and Operation Enduring Freedom’’ and inserting ‘‘a contingency
operation’’; and
10 USC note
prec. 1031.
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PUBLIC LAW 109–364—OCT. 17, 2006
(2) by adding at the end the following new subsection:
‘‘(g) CONTINGENCY OPERATION DEFINED.—In this section, the
term ‘contingency operation’ has the meaning given that term in
section 101(a)(13) of title 10, United States Code. The term includes
Operation Iraqi Freedom and Operation Enduring Freedom.’’.
(c) EXTENSION TO HOSPITALIZED MEMBERS.—Subsection (a) of
such section is further amended—
(1) by striking ‘‘As soon as possible after the date of the
enactment of this Act, the’’ and inserting ‘‘(1) The’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) As soon as possible after the date of the enactment of
the John Warner National Defense Authorization Act for Fiscal
Year 2007, the Secretary shall provide, wherever practicable, pre-
paid phone cards, packet based telephony service, or an equivalent
telecommunications benefit which includes access to telephone
service to members of the Armed Forces who, although are no
longer directly supporting a contingency operation, are hospitalized
as a result of wounds or other injuries incurred while serving
in direct support of a contingency operation.’’.
(d) REPORT ON IMPLEMENTATION OF MODIFIED BENEFITS.—Not
later than 90 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 describing the status of
the efforts of the Department of Defense to implement the modifica-
tions of the Department of Defense telecommunications benefit
required by section 344 of the National Defense Authorization Act
for Fiscal Year 2004 that result from the amendments made by
this section.
SEC. 356. EXTENSION OF AVAILABILITY OF FUNDS FOR COMMEMORA-
TION OF SUCCESS OF THE ARMED FORCES IN OPERATION
ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.
Section 378(b)(2) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3214) is
amended by striking ‘‘fiscal year 2006’’ and inserting ‘‘fiscal years
2006 and 2007’’.
SEC. 357. CAPITAL SECURITY COST SHARING.
(a) RECONCILIATION REQUIRED.—For each fiscal year, the Sec-
retary of Defense shall reconcile (1) the estimate of overseas pres-
ence of the Secretary of Defense under subsection (b) for that
fiscal year, with (2) the determination of the Secretary of State
under section 604(e)(1) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note) of the total
overseas presence of the Department of Defense for that fiscal
year.
(b) ANNUAL ESTIMATE OF OVERSEAS PRESENCE.—Not later than
February 1 of each year, the Secretary of Defense shall submit
to the congressional defense committees an estimate of the total
number of Department of Defense overseas personnel subject to
chief of mission authority pursuant to section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927) during the fiscal year that
begins on October 1 of that year.
Deadline.
22 USC 4865
note.
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PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 358. UTILIZATION OF FUEL CELLS AS BACK-UP POWER SYSTEMS
IN DEPARTMENT OF DEFENSE OPERATIONS.
The Secretary of Defense shall consider the utilization of fuel
cells as replacements for current back-up power systems in a variety
of Department of Defense operations and activities, including in
telecommunications networks, perimeter security, individual equip-
ment items, and remote facilities, in order to increase the oper-
ational longevity of back-up power systems and stand-by power
systems in such operations and activities.
SEC. 359. IMPROVING DEPARTMENT OF DEFENSE SUPPORT FOR CIVIL
AUTHORITIES.
(a) CONSULTATION.—In the development of concept plans for
the Department of Defense for providing support to civil authorities,
the Secretary of Defense may consult with the Secretary of Home-
land Security and State governments.
(b) PREPOSITIONING
OF DEPARTMENT
OF DEFENSE ASSETS.—
The Secretary of Defense may provide for the prepositioning of
prepackaged or preidentified basic response assets, such as medical
supplies, food and water, and communications equipment, in order
to improve the ability of the Department of Defense to rapidly
provide support to civil authorities. The prepositioning of basic
response assets shall be carried out in a manner consistent with
Department of Defense concept plans for providing support to civil
authorities and section 2229 of title 10, United States Code, as
added by section 351.
(c) REIMBURSEMENT.—To the extent required by section 1535
of title 31, United States Code, or other applicable law, the Sec-
retary of Defense shall require that the Department of Defense
be reimbursed for costs incurred by the Department in the
prepositioning of basic response assets under subsection (b).
(d) MILITARY
READINESS.—The Secretary of Defense shall
ensure that the prepositioning of basic response assets under sub-
section (b) does not adversely affect the military preparedness of
the United States.
(e) PROCEDURES AND GUIDELINES.—The Secretary may develop
procedures and guidelines applicable to the prepositioning of basic
response assets under subsection (b).
SEC. 360. ENERGY EFFICIENCY IN WEAPONS PLATFORMS.
(a) POLICY.—It shall be the policy of the Department of Defense
to improve the fuel efficiency of weapons platforms, consistent with
mission requirements, in order to—
(1) enhance platform performance;
(2) reduce the size of the fuel logistics systems;
(3) reduce the burden high fuel consumption places on
agility;
(4) reduce operating costs; and
(5) dampen the financial impact of volatile oil prices.
(b) REPORT REQUIRED.—
(1) IN GENERAL.—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 progress of the Department of Defense in implementing
the policy established by subsection (a).
(2) ELEMENTS.—The report shall include the following:
10 USC 2911
note.
10 USC 2567
note.
10 USC 2911
note.
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(A) An assessment of the feasibility of designating
a senior Department of Defense official to be responsible
for implementing the policy established by subsection (a).
(B) A summary of the recommendations made as of
the time of the report by—
(i) the Energy Security Integrated Product Team
established by the Secretary of Defense in April 2006;
(ii) the Defense Science Board Task Force on
Department of Defense Energy Strategy established
by the Under Secretary of Defense for Acquisition,
Technology and Logistics on May 2, 2006; and
(iii) the January 2001 Defense Science Board Task
Force report on Improving Fuel Efficiency of Weapons
Platforms.
(C) For each recommendation summarized under
subparagraph (B)—
(i) the steps that the Department has taken to
implement such recommendation;
(ii) any additional steps the Department plans to
take to implement such recommendation; and
(iii) for any recommendation that the Department
does not plan to implement, the reasons for the decision
not to implement such recommendation.
(D) An assessment of the extent to which the research,
development, acquisition, and logistics guidance and direc-
tives of the Department for weapons platforms are appro-
priately designed to address the policy established by sub-
section (a).
(E) An assessment of the extent to which such guidance
and directives are being carried out in the research,
development, acquisition, and logistics programs of the
Department.
(F) A description of any additional actions that, in
the view of the Secretary, may be needed to implement
the policy established by subsection (a).
SEC. 361. PRIORITIZATION OF FUNDS WITHIN NAVY MISSION OPER-
ATIONS, SHIP MAINTENANCE, COMBAT SUPPORT FORCES,
AND WEAPONS SYSTEM SUPPORT.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the President’s budget for fiscal year 2007 failed to
fund the required number of ship steaming days per quarter
for Navy ship operations as well as deferring projected depot
maintenance for Navy ships and aircraft; and
(2) the Secretary of Defense should ensure that sufficient
financial resources are provided for each fiscal year to support
the critical training and depot maintenance accounts of the
Navy in order to enable the Navy to maintain the current
readiness levels required to support the national military
strategy without putting future readiness at risk by under-
funding investment in modernization, including ship construc-
tion programs.
(b) CERTIFICATION.—The Secretary of Defense shall submit to
the congressional defense committees a written certification, at
the same time the President submits the budget for each of fiscal
years 2008, 2009, and 2010, that the Navy has budgeted and
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PUBLIC LAW 109–364—OCT. 17, 2006
programmed funding to fully meet the requirements for that fiscal
year for each of the following:
(1) Ship steaming days per quarter for deployed and non-
deployed ship operations.
(2) Projected depot maintenance requirements for ships
and aircraft.
(c) LIMITATION.—Of the funds available for Operation and
Maintenance, Defense-Wide, for the Office of the Secretary of
Defense for each of fiscal years 2008, 2009, and 2010, no more
than 80 percent may be obligated in that fiscal year until after
the submission of the certification required by subsection (b) for
the annual budget submitted in February of that year for the
following fiscal year.
(d) ANNUAL REPORT.—Beginning with the fiscal year 2008
budget of the President, the Secretary of the Navy shall submit
to the congressional defense committees an annual report (to be
submitted when the budget is submitted) setting forth the progress
toward funding the requirements of subsection (a). The annual
reporting requirement shall terminate after the fiscal year 2010
budget submission. Each such report shall include the following:
(1) An assessment of the deployed and non-deployed quar-
terly ship steaming day requirements, itemized by active-duty
component and reserve component.
(2) An assessment of the associated budget request for
each of the following:
(A) Deployed and non-deployed ship steaming days
per quarter.
(B) Chief of Naval Operations ship depot maintenance
availabilities, shown by type of maintenance availability
and by location.
(C) Air depot maintenance workload, shown by type
of airframe and by location.
(e) REPORT ON RIVERINE SQUADRONS.—
(1) REPORT REQUIRED.—The Secretary of the Navy shall
submit to the congressional defense committees a report on
the Riverine Squadrons of the Navy. The report shall be sub-
mitted with the President’s budget for fiscal year 2008 and
shall include the following:
(A) The total amount funded for fiscal year 2006 and
projected funding for fiscal year 2007 and fiscal year 2008
for those squadrons.
(B) The operational requirement of the commander
of the United States Central Command for those squadrons
and the corresponding Department of Navy concept of oper-
ations for deployments of those squadrons to support Oper-
ation Iraqi Freedom or Operation Enduring Freedom.
(C) The military table of organization and equipment
for those squadrons.
(D) A summary of existing Department of Navy equip-
ment that has been assigned in fiscal year 2006 or will
be provided in fiscal year 2007 and fiscal year 2008 for
those squadrons.
(E) The Department of Navy directive for the mission
assigned to those squadrons.
(2) LIMITATION.—Of the amount made available for fiscal
year 2007 to the Department of Navy for operation and mainte-
nance for the Office of the Secretary of the Navy, not more
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than 80 percent may be obligated before the date on which
the report required under paragraph (1) is submitted.
SEC. 362. PROVISION OF ADEQUATE STORAGE SPACE TO SECURE PER-
SONAL PROPERTY OUTSIDE OF ASSIGNED MILITARY
FAMILY HOUSING UNIT.
The Secretary of a military department shall ensure that a
member of the Armed Forces under the jurisdiction of the Secretary
who occupies a unit of military family housing is provided with
adequate storage space to secure personal property that the member
is unable to secure within the unit whenever—
(1) the member is assigned to duty in an area for which
special pay under section 310 of title 37, United States Code,
is available and the assignment is pursuant to orders specifying
an assignment of 180 days or more; and
(2) the dependents of the member who otherwise occupy
the unit of military family housing are absent from the unit
for more than 30 consecutive days during the period of the
assignment of the member.
SEC. 363. EXPANSION OF PAYMENT OF REPLACEMENT VALUE OF PER-
SONAL PROPERTY DAMAGED DURING TRANSPORT AT
GOVERNMENT EXPENSE.
(a) COVERAGE OF PROPERTY OF CIVILIAN EMPLOYEES OF DEPART-
MENT OF DEFENSE.—Subsection (a) of section 2636a of title 10,
United States Code, is amended by striking ‘‘of baggage and house-
hold effects for members of the armed forces at Government
expense’’ and inserting ‘‘at Government expense of baggage and
household effects for members of the armed forces or civilian
employees of the Department of Defense (or both)’’.
(b) REQUIREMENT FOR PAYMENT AND DEDUCTION UPON FAILURE
OF CARRIER
TO SETTLE.—Effective March 1, 2008, such section
is further amended—
(1) in subsection (a), by striking ‘‘may include’’ and
inserting ‘‘shall include’’; and
(2) in subsection (b), by striking ‘‘may be deducted’’ and
inserting ‘‘shall be deducted’’.
(c) CERTIFICATION ON FAMILIES FIRST PROGRAM.—The Secretary
of Defense shall submit to the congressional defense committees
a report containing the certifications of the Secretary with respect
to the program of the Department of Defense known as ‘‘Families
First’’ on the following matters:
(1) Whether there is an alternative to the system under
the program that would provide equal or greater capability
at a lower cost.
(2) Whether the estimates on costs, and the anticipated
schedule and performance parameters, for the program and
system are reasonable.
(3) Whether the management structure for the program
is adequate to manage and control program costs.
(d) COMPTROLLER GENERAL REPORTS ON FAMILIES FIRST PRO-
GRAM.—
(1) REVIEW AND ASSESSMENT REQUIRED.—The Comptroller
General of the United States shall conduct a review and assess-
ment of the progress of the Department of Defense in imple-
menting the program of the Department of Defense known
as ‘‘Families First’’.
Reports.
Effective date.
10 USC 2825
note.
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(2) ELEMENTS OF REVIEW AND ASSESSMENT.—In conducting
the review and assessment required by paragraph (1), the
Comptroller General shall—
(A) assess the progress of the Department in achieving
the goals of the Families First program, including progress
in the development and deployment of the Defense Personal
Property System;
(B) assess the organization, staffing, resources, and
capabilities of the Defense Personal Property System
Project Management Office established on April 7, 2006;
(C) evaluate the growth in cost of the program since
the previous assessment of the program by the Comptroller
General, and estimate the current annual cost of the
Defense Personal Property System and each component
of that system; and
(D) assess the feasibility of implementing processes
and procedures, pending the satisfactory development of
the Defense Personal Property System, which would
achieve the goals of the program of providing improved
personal property management services to members of the
Armed Forces.
(3) REPORTS.—The Comptroller General shall submit to
the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives
reports as follows:
(A) An interim report on the review and assessment
required by paragraph (1) by not later than December
1, 2006.
(B) A final report on such review and assessment by
not later than June 1, 2007.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps active duty
end strengths for fiscal years 2008 and 2009.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2007 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active duty
for operational support.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for active duty personnel as of September 30, 2007, as follows:
(1) The Army, 512,400.
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(2) The Navy, 340,700.
(3) The Marine Corps, 180,000.
(4) The Air Force, 334,200.
(b) LIMITATION.—
(1) ARMY.—The authorized strength for the Army provided
in paragraph (1) of subsection (a) for active duty personnel
for fiscal year 2007 is subject to the condition that costs of
active duty personnel of the Army for that fiscal year in excess
of 482,400 shall be paid out of funds authorized to be appro-
priated for that fiscal year for a contingent emergency reserve
fund or as an emergency supplemental appropriation.
(2) MARINE CORPS.—The authorized strength for the Marine
Corps provided in paragraph (3) of subsection (a) for active
duty personnel for fiscal year 2007 is subject to the condition
that costs of active duty personnel of the Marine Corps for
that fiscal year in excess of 175,000 shall be paid out of funds
authorized to be appropriated for that fiscal year for a contin-
gent emergency reserve fund or as an emergency supplemental
appropriation.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the following:
‘‘(1) For the Army, 502,400.
‘‘(2) For the Navy, 340,700.
‘‘(3) For the Marine Corps, 180,000.
‘‘(4) For the Air Force, 334,200.’’.
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND
MARINE CORPS ACTIVE DUTY END STRENGTHS FOR
FISCAL YEARS 2008 AND 2009.
Effective October 1, 2007, the text of section 403 of the Ronald
W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108–375; 118 Stat. 1863) is amended to read
as follows:
‘‘(a) AUTHORITY.—
‘‘(1) ARMY.—For each of fiscal years 2008 and 2009, the
Secretary of Defense may, as the Secretary determines nec-
essary for the purposes specified in paragraph (3), establish
the active-duty end strength for the Army at a number greater
than the number otherwise authorized by law up to the number
equal to the fiscal-year 2007 baseline plus 20,000.
‘‘(2) MARINE CORPS.—For each of fiscal years 2008 and
2009, the Secretary of Defense may, as the Secretary deter-
mines necessary for the purposes specified in paragraph (3),
establish the active-duty end strength for the Marine Corps
at a number greater than the number otherwise authorized
by law up to the number equal to the fiscal-year 2007 baseline
plus 4,000.
‘‘(3) PURPOSE
OF
INCREASES.—The purposes for which
increases may be made in Army and Marine Corps active
duty end strengths under paragraphs (1) and (2) are—
‘‘(A) to support operational missions; and
‘‘(B) to achieve transformational reorganization objec-
tives, including objectives for increased numbers of combat
10 USC 115 note.
Effective date.
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brigades and battalions, increased unit manning, force sta-
bilization and shaping, and rebalancing of the active and
reserve component forces.
‘‘(4) FISCAL-YEAR 2007 BASELINE.—In this subsection, the
term ‘fiscal-year 2007 baseline’, with respect to the Army and
Marine Corps, means the active-duty end strength authorized
for those services in section 401 of the John Warner National
Defense Authorization Act for Fiscal Year 2007.
‘‘(5) ACTIVE-DUTY END STRENGTH.—In this subsection, the
term ‘active-duty end strength’ means the strength for active-
duty personnel of one of the Armed Forces as of the last
day of a fiscal year.
‘‘(b) RELATIONSHIP
TO PRESIDENTIAL WAIVER AUTHORITY.—
Nothing in this section shall be construed to limit the President’s
authority under section 123a of title 10, United States Code, to
waive any statutory end strength in a time of war or national
emergency.
‘‘(c) RELATIONSHIP
TO
OTHER
VARIANCE
AUTHORITY.—The
authority under subsection (a) is in addition to the authority to
vary authorized end strengths that is provided in subsections (e)
and (f) of section 115 of title 10, United States Code.
‘‘(d) BUDGET TREATMENT.—
‘‘(1) FISCAL YEAR 2008 BUDGET.—The budget for the Depart-
ment of Defense for fiscal year 2008 as submitted to Congress
shall comply, with respect to funding, with subsections (c) and
(d) of section 691 of title 10, United States Code.
‘‘(2) OTHER INCREASES.—If the Secretary of Defense plans
to increase the Army or Marine Corps active duty end strength
for a fiscal year under subsection (a), then the budget for
the Department of Defense for that fiscal year as submitted
to Congress shall include the amounts necessary for funding
that active duty end strength in excess of the fiscal year 2007
active duty end strength authorized for that service under
section 401 of the John Warner National Defense Authorization
Act for Fiscal Year 2007.’’.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2007, as follows:
(1) The Army National Guard of the United States, 350,000.
(2) The Army Reserve, 200,000.
(3) The Navy Reserve, 71,300.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 107,000.
(6) The Air Force Reserve, 74,900.
(7) The Coast Guard Reserve, 10,000.
(b) ADJUSTMENTS.—The end strengths prescribed by subsection
(a) for the Selected Reserve of any reserve component shall be
proportionately reduced by—
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of
the fiscal year; and
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(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training
or for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
Whenever such units or such individual members are released
from active duty during any fiscal year, the end strength prescribed
for such fiscal year for the Selected Reserve of such reserve compo-
nent shall be increased proportionately by the total authorized
strengths of such units and by the total number of such individual
members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2007, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 27,441.
(2) The Army Reserve, 15,416.
(3) The Navy Reserve, 12,564.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,291.
(6) The Air Force Reserve, 2,707.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status)
as of the last day of fiscal year 2007 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army Reserve, 7,912.
(2) For the Army National Guard of the United States,
26,050.
(3) For the Air Force Reserve, 10,124.
(4) For the Air National Guard of the United States, 23,255.
SEC. 414. FISCAL YEAR 2007 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.
(a) LIMITATIONS.—
(1) NATIONAL GUARD.—Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard
as of September 30, 2007, may not exceed the following:
(A) For the Army National Guard of the United States,
1,600
(B) For the Air National Guard of the United States,
350.
(2) ARMY RESERVE.—The number of non-dual status techni-
cians employed by the Army Reserve as of September 30, 2007,
may not exceed 595.
(3) AIR FORCE RESERVE.—The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2007, may not exceed 90.
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(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section,
the term ‘‘non-dual status technician’’ has the meaning given that
term in section 10217(a) of title 10, United States Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2007, the maximum number of members
of the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C—Authorization of
Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 2007 a total
of $110,098,628,000. The authorization in the preceding sentence
supersedes any other authorization of appropriations (definite or
indefinite) for such purpose for fiscal year 2007.
SEC. 422. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal year
2007 from the Armed Forces Retirement Home Trust Fund the
sum of $54,846,000 for the operation of the Armed Forces Retire-
ment Home.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
PART I—OFFICER PERSONNEL POLICY GENERALLY
Sec. 501. Military status of officers serving in certain intelligence community posi-
tions.
Sec. 502. Extension of age for mandatory retirement for active-duty general and
flag officers.
Sec. 503. Increased mandatory retirement ages for reserve officers.
Sec. 504. Standardization of grade of senior dental officer of the Air Force with that
of senior dental officer of the Army.
Sec. 505. Management of chief warrant officers.
Sec. 506. Extension of temporary reduction of time-in-grade requirement for eligi-
bility for promotion for certain active-duty list officers in grades of first
lieutenant and lieutenant (junior grade).
Sec. 507. Grade and exclusion from active-duty general and flag officer distribution
and strength limitations of officer serving as Attending Physician to the
Congress.
Sec. 508. Modification of qualifications for leadership of the Naval Postgraduate
School.
PART II—OFFICER PROMOTION POLICY
Sec. 511. Revisions to authorities relating to authorized delays of officer pro-
motions.
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Sec. 512. Consideration of adverse information by selection boards in recommenda-
tions on officers to be promoted.
Sec. 513. Expanded authority for removal from reports of selection boards of offi-
cers recommended for promotion to grades below general and flag
grades.
Sec. 514. Special selection board authorities.
Sec. 515. Removal from promotion list of officers not promoted within 18 months
of approval of list by the President.
PART III—JOINT OFFICER MANAGEMENT REQUIREMENTS
Sec. 516. Modification and enhancement of general authorities on management of
officers who are joint qualified.
Sec. 517. Modification of promotion policy objectives for joint officers.
Sec. 518. Applicability of joint duty assignment requirements limited to graduates
of National Defense University schools.
Sec. 519. Modification of certain definitions relating to jointness.
Subtitle B—Reserve Component Matters
PART I—RESERVE COMPONENT MANAGEMENT
Sec. 521. Recognition of former Representative G. V. ‘Sonny’ Montgomery for his 30
years of service in the House of Representatives.
Sec. 522. Revisions to reserve call-up authority.
Sec. 523. Military retirement credit for certain service by National Guard members
performed while in a State duty status immediately after the terrorist
attacks of September 11, 2001.
PART II—AUTHORITIES RELATING TO GUARD AND RESERVE DUTY
Sec. 524. Title 10 definition of Active Guard and Reserve duty.
Sec. 525. Authority for Active Guard and Reserve duties to include support of oper-
ational missions assigned to the reserve components and instruction and
training of active-duty personnel.
Sec. 526. Governor’s authority to order members to Active Guard and Reserve duty.
Sec. 527. Expansion of operations of civil support teams.
Sec. 528. Modification of authorities relating to the Commission on the National
Guard and Reserves.
Sec. 529. Additional matters to be reviewed by Commission on the National Guard
and Reserves.
Subtitle C—Education and Training
PART I—SERVICE ACADEMIES
Sec. 531. Expansion of service academy exchange programs with foreign military
academies.
Sec. 532. Revision and clarification of requirements with respect to surveys and re-
ports concerning sexual harassment and sexual violence at the service
academies.
Sec. 533. Department of Defense policy on service academy and ROTC graduates
seeking to participate in professional sports before completion of their
active-duty service obligations.
PART II—SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAMS
Sec. 535. Authority to permit members who participate in the guaranteed reserve
forces duty scholarship program to participate in the health professions
scholarship program and serve on active duty.
Sec. 536. Detail of commissioned officers as students at medical schools.
Sec. 537. Increase in maximum amount of repayment under education loan repay-
ment for officers in specified health professions.
Sec. 538. Health Professions Scholarship and Financial Assistance Program for Ac-
tive Service.
PART III—JUNIOR ROTC PROGRAM
Sec. 539. Junior Reserve Officers’ Training Corps instructor qualifications.
Sec. 540. Expansion of members eligible to be employed to provide Junior Reserve
Officers’ Training Corps instruction.
Sec. 541. Expansion of Junior Reserve Officers’ Training Corps program.
Sec. 542. Review of legal status of Junior ROTC program.
PART IV—OTHER EDUCATION AND TRAINING PROGRAMS
Sec. 543. Expanded eligibility for enlisted members for instruction at Naval Post-
graduate School.
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Subtitle D—General Service Authorities
Sec. 546. Test of utility of test preparation guides and education programs in en-
hancing recruit candidate performance on the Armed Services Voca-
tional Aptitude Battery (ASVAB) and Armed Forces Qualification Test
(AFQT).
Sec. 547. Clarification of nondisclosure requirements applicable to certain selection
board proceedings.
Sec. 548. Report on extent of provision of timely notice of long-term deployments.
Subtitle E—Military Justice Matters
Sec. 551. Applicability of Uniform Code of Military Justice to members of the
Armed Forces ordered to duty overseas in inactive duty for training sta-
tus.
Sec. 552. Clarification of application of Uniform Code of Military Justice during a
time of war.
Subtitle F—Decorations and Awards
Sec. 555. Authority for presentation of Medal of Honor Flag to living Medal of
Honor recipients and to living primary next-of-kin of deceased Medal of
Honor recipients.
Sec. 556. Review of eligibility of prisoners of war for award of the Purple Heart.
Sec. 557. Report on Department of Defense process for awarding decorations.
Subtitle G—Matters Relating to Casualties
Sec. 561. Authority for retention after separation from service of assistive tech-
nology and devices provided while on active duty.
Sec. 562. Transportation of remains of casualties dying in a theater of combat oper-
ations.
Sec. 563.
Annual budget display of funds for POW/MIA activities of Department
of Defense.
Sec. 564. Military Severely Injured Center.
Sec. 565. Comprehensive review on procedures of the Department of Defense on
mortuary affairs.
Sec. 566. Additional elements of policy on casualty assistance to survivors of mili-
tary decedents.
Sec. 567.
Requirement for deploying military medical personnel to be trained in
preservation of remains under combat or combat-related conditions.
Subtitle H—Impact Aid and Defense Dependents Education System
Sec. 571. Enrollment in defense dependents’ education system of dependents of for-
eign military members assigned to Supreme Headquarters Allied Pow-
ers, Europe.
Sec. 572. Continuation of authority to assist local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 573. Impact aid for children with severe disabilities.
Sec. 574. Plan and authority to assist local educational agencies experiencing
growth in enrollment due to force structure changes, relocation of mili-
tary units, or base closures and realignments.
Sec. 575. Pilot program on parent education to promote early childhood education
for dependent children affected by military deployment or relocation of
military units.
Subtitle I—Armed Forces Retirement Home
Sec. 578. Report on leadership and management of the Armed Forces Retirement
Home.
Sec. 579. Report on Local Boards of Trustees of the Armed Forces Retirement
Home.
Subtitle J—Reports
Sec. 581. Report on personnel requirements for airborne assets identified as Low-
Density, High-Demand Airborne Assets.
Sec. 582. Report on feasibility of establishment of Military Entrance Processing
Command station on Guam.
Sec. 583. Inclusion in annual Department of Defense report on sexual assaults of
information on results of disciplinary actions.
Sec. 584. Report on provision of electronic copy of military records on discharge or
release of members from the Armed Forces.
Sec. 585. Report on omission of social security account numbers from military iden-
tification cards.
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Sec. 586. Report on maintenance and protection of data held by the Secretary of
Defense as part of the Department of Defense Joint Advertising, Market
Research and Studies (JAMRS) program.
Sec. 587. Comptroller General report on military conscientious objectors.
Subtitle K—Other Matters
Sec. 591. Modification in Department of Defense contributions to Military Retire-
ment Fund.
Sec. 592. Revision in Government contributions to Medicare-Eligible Retiree Health
Care Fund.
Sec. 593. Dental Corps of the Navy Bureau of Medicine and Surgery.
Sec. 594. Permanent authority for presentation of recognition items for recruitment
and retention purposes.
Sec. 595. Persons authorized to administer enlistment and appointment oaths.
Sec. 596. Military voting matters.
Sec. 597. Physical evaluation boards.
Sec. 598. Military ID cards for retiree dependents who are permanently disabled.
Sec. 599. United States Marine Band and United States Marine Drum and Bugle
Corps.
Subtitle A—Officer Personnel Policy
PART I—OFFICER PERSONNEL POLICY
GENERALLY
SEC. 501. MILITARY STATUS OF OFFICERS SERVING IN CERTAIN INTEL-
LIGENCE COMMUNITY POSITIONS.
(a) CLARIFICATION OF MILITARY STATUS.—Section 528 of title
10, United States Code, is amended—
(1) by striking subsections (a) and (b) and inserting the
following:
‘‘(a) MILITARY STATUS.—An officer of the armed forces, while
serving in a position covered by this section—
‘‘(1) shall not be subject to supervision or control by the
Secretary of Defense or any other officer or employee of the
Department of Defense, except as directed by the Secretary
of Defense concerning reassignment from such position; and
‘‘(2) may not exercise, by reason of the officer’s status
as an officer, any supervision or control with respect to any
of the military or civilian personnel of the Department of
Defense except as otherwise authorized by law.
‘‘(b) DIRECTOR AND DEPUTY DIRECTOR OF CIA.—When the posi-
tion of Director or Deputy Director of the Central Intelligence
Agency is held by an officer of the armed forces, the officer serving
in that position, while so serving, shall be excluded from the limita-
tions in sections 525 and 526 of this title. However, if both such
positions are held by an officer of the armed forces, only one
such officer may be excluded from those limitation while so
serving.’’; and
(2) by adding at the end the following new subsections:
‘‘(e) EFFECT
OF APPOINTMENT.—Except as provided in sub-
section (a), the appointment or assignment of an officer of the
armed forces to a position covered by this section shall not affect—
‘‘(1) the status, position, rank, or grade of such officer
in the armed forces; or
‘‘(2) any emolument, perquisite, right, privilege, or benefit
incident to or arising out of such status, position, rank, or
grade.
‘‘(f) MILITARY PAY
AND ALLOWANCES.—(1) An officer of the
armed forces on active duty who is appointed or assigned to a
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position covered by this section shall, while serving in such position
and while remaining on active duty, continue to receive military
pay and allowances and shall not receive the pay prescribed for
such position.
‘‘(2) Funds from which pay and allowances under paragraph
(1) are paid to an officer while so serving shall be reimbursed
as follows:
‘‘(A) For an officer serving in a position within the Central
Intelligence Agency, such reimbursement shall be made from
funds available to the Director of the Central Intelligence
Agency.
‘‘(B) For an officer serving in a position within the Office
of the Director of National Intelligence, such reimbursement
shall be made from funds available to the Director of National
Intelligence.
‘‘(g) COVERED POSITIONS.—The positions covered by this section
are the positions specified in subsections (b) and (c) and the posi-
tions designated under subsection (d).’’.
(b) CLERICAL AMENDMENTS.—
(1) The heading of such section is amended to read as
follows:
‘‘§ 528. Officers serving in certain intelligence positions: mili-
tary status; exclusion from distribution and
strength limitations; pay and allowances’’.
(2) The item relating to section 528 in the table of sections
at the beginning of chapter 32 of such title is amended to
read as follows:
‘‘528. Officers serving in certain intelligence positions: military status; exclusion
from distribution and strength limitations; pay and allowances.’’.
SEC. 502. EXTENSION OF AGE FOR MANDATORY RETIREMENT FOR
ACTIVE-DUTY GENERAL AND FLAG OFFICERS.
(a) REVISED AGE LIMITS FOR GENERAL AND FLAG OFFICERS.—
Chapter 63 of title 10, United States Code, is amended by inserting
after section 1252 the following new section:
‘‘§ 1253. Age 64: regular commissioned officers in general
and flag officer grades; exception
‘‘(a) GENERAL RULE.—Unless retired or separated earlier, each
regular commissioned officer of the Army, Navy, Air Force, or
Marine Corps serving in a general or flag officer grade shall be
retired on the first day of the month following the month in which
the officer becomes 64 years of age.
‘‘(b) EXCEPTION FOR OFFICERS SERVING IN O–9 AND O–10 POSI-
TIONS.—In the case of an officer serving in a position that carries
a grade above major general or rear admiral, the retirement under
subsection (a) of that officer may be deferred—
‘‘(1) by the President, but such a deferment may not extend
beyond the first day of the month following the month in
which the officer becomes 68 years of age; or
‘‘(2) by the Secretary of Defense, but such a deferment
may not extend beyond the first day of the month following
the month in which the officer becomes 66 years of age.’’.
(b) RESTATEMENT AND MODIFICATION OF CURRENT AGE LIMITS
FOR OTHER OFFICERS.—Section 1251 of such title is amended to
read as follows:
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‘‘§ 1251. Age 62: regular commissioned officers in grades
below general and flag officer grades; exceptions
‘‘(a) GENERAL RULE.—Unless retired or separated earlier, each
regular commissioned officer of the Army, Navy, Air Force, or
Marine Corps (other than an officer covered by section 1252 of
this title or a commissioned warrant officer) serving in a grade
below brigadier general or rear admiral (lower half), in the case
of an officer in the Navy, shall be retired on the first day of
the month following the month in which the officer becomes 62
years of age.
‘‘(b) DEFERRED RETIREMENT
OF HEALTH PROFESSIONS OFFI-
CERS.—(1) The Secretary of the military department concerned may,
subject to subsection (d), defer the retirement under subsection
(a) of a health professions officer if during the period of the
deferment the officer will be performing duties consisting primarily
of providing patient care or performing other clinical duties.
‘‘(2) For purposes of this subsection, a health professions officer
is—
‘‘(A) a medical officer;
‘‘(B) a dental officer; or
‘‘(C) an officer in the Army Nurse Corps, an officer in
the Navy Nurse Corps, or an officer in the Air Force designated
as a nurse.
‘‘(c) DEFERRED RETIREMENT OF CHAPLAINS.—The Secretary of
the military department concerned may, subject to subsection (d),
defer the retirement under subsection (a) of an officer who is
appointed or designated as a chaplain if the Secretary determines
that such deferral is in the best interest of the military department
concerned.
‘‘(d) LIMITATION ON DEFERMENT OF RETIREMENTS.—(1) Except
as provided in paragraph (2), a deferment under subsection (b)
or (c) may not extend beyond the first day of the month following
the month in which the officer becomes 68 years of age.
‘‘(2) The Secretary of the military department concerned may
extend a deferment under subsection (b) or (c) beyond the day
referred to in paragraph (1) if the Secretary determines that exten-
sion of the deferment is necessary for the needs of the military
department concerned. Such an extension shall be made on a case-
by-case basis and shall be for such period as the Secretary considers
appropriate.’’.
(c) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of chapter 63 of such title is amended—
(1) by striking the item relating to section 1251 and
inserting the following new item:
‘‘1251. Age 62: regular commissioned officers in grades below general and flag offi-
cer grades; exceptions.’’;
and
(2) by inserting after the item relating to section 1252
the following new item:
‘‘1253. Age 64: regular commissioned officers in general and flag officer grades; ex-
ception.’’.
(d) CONFORMING AMENDMENTS.—Chapter 71 of such title is
amended—
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(1) in the table in section 1401(a), by inserting at the
bottom of the column under the heading ‘‘For sections’’, in
the entry for Formula Number 5, the following: ‘‘1253’’; and
(2) in the table in section 1406(b)(1), by inserting at the
bottom of the first column the following: ‘‘1253’’.
SEC. 503. INCREASED MANDATORY RETIREMENT AGES FOR RESERVE
OFFICERS.
(a) MAJOR GENERALS AND REAR ADMIRALS.—
(1) INCREASED
AGE.—Section 14511 of title 10, United
States Code, is amended by striking ‘‘62 years’’ and inserting
‘‘64 years’’.
(2) CONFORMING AMENDMENT.—The heading of such section
is amended to read as follows:
‘‘§ 14511. Separation at age 64: major generals and rear
admirals’’.
(b) BRIGADIER GENERALS AND REAR ADMIRALS (LOWER HALF).—
(1) INCREASED AGE.—Section 14510 of such title is amended
by striking ‘‘60 years’’ and inserting ‘‘62 years’’.
(2) CONFORMING AMENDMENT.—The heading of such section
is amended to read as follows:
‘‘§ 14510. Separation at age 62: brigadier generals and rear
admirals (lower half)’’.
(c) Officers Below Brigadier General or Rear Admiral (Lower
Half)—
(1) INCREASED AGE.—Section 14509 of such title is amended
by striking ‘‘60 years’’ and inserting ‘‘62 years’’.
(2) CONFORMING AMENDMENT.—The heading of such section
is amended to read as follows:
‘‘§ 14509. Separation at age 62: reserve officers in grades
below brigadier general or rear admiral (lower
half)’’.
(d) CERTAIN OTHER OFFICERS.—
(1) INCREASED AGE.—Section 14512 of such title is amended
by striking ‘‘64 years’’ both places it appears and inserting
‘‘66 years’’.
(2) CONFORMING AMENDMENT.—The heading of such section
is amended to read as follows:
‘‘§ 14512. Separation at age 66: officers holding certain
offices’’.
(e) CONFORMING AMENDMENTS.—Section 14508 of such title
is amended—
(1) in subsection (c), by striking ‘‘60 years’’ and inserting
‘‘62 years’’; and
(2) in subsection (d), by striking ‘‘62 years’’ and inserting
‘‘64 years’’.
(f) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 1407 of such title is amended by striking the
items relating to sections 14509, 14510, 14511, and 14512 and
inserting the following new items:
‘‘14509. Separation at age 62: reserve officers in grades below brigadier general or
rear admiral (lower half).
‘‘14510. Separation at age 62: brigadier generals and rear admirals (lower half).
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‘‘14511. Separation at age 64: major generals and rear admirals.
‘‘14512. Separation at age 66: officers holding certain offices.’’.
SEC. 504. STANDARDIZATION OF GRADE OF SENIOR DENTAL OFFICER
OF THE AIR FORCE WITH THAT OF SENIOR DENTAL
OFFICER OF THE ARMY.
(a) AIR FORCE ASSISTANT SURGEON GENERAL FOR DENTAL SERV-
ICES.—Section 8081 of title 10, United States Code, is amended
by striking ‘‘brigadier general’’ in the second sentence and inserting
‘‘major general’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date of the occurrence of the next vacancy
in the position of Assistant Surgeon General for Dental Services
in the Air Force that occurs after the date of the enactment of
this Act or, if earlier, on the date of the appointment to the grade
of major general of the officer who is the incumbent in that position
on the date of the enactment of the Act.
SEC. 505. MANAGEMENT OF CHIEF WARRANT OFFICERS.
(a) RETENTION OF CHIEF WARRANT OFFICERS, W–4, WHO HAVE
TWICE FAILED OF SELECTION FOR PROMOTION.—Paragraph (1) of
section 580(e) of title 10, United States Code, is amended by striking
‘‘continued on active duty if’’ and all that follows and inserting
‘‘continued on active duty if—
‘‘(A) in the case of a warrant officer in the grade of chief
warrant officer, W–2, or chief warrant officer, W–3, the warrant
officer is selected for continuation on active duty by a selection
board convened under section 573(c) of this title; and
‘‘(B) in the case of a warrant officer in the grade of chief
warrant officer, W–4, the warrant officer is selected for continu-
ation on active duty by the Secretary concerned under such
procedures as the Secretary may prescribe.’’.
(b) ELIGIBILITY FOR CONSIDERATION FOR PROMOTION OF WAR-
RANT OFFICERS CONTINUED ON ACTIVE DUTY.—Paragraph (2) of
such section is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) A warrant officer in the grade of chief warrant officer,
W–4, who is retained on active duty pursuant to procedures pre-
scribed under paragraph (1)(B) is eligible for further consideration
for promotion while remaining on active duty.’’.
(c) MANDATORY RETIREMENT FOR LENGTH OF SERVICE.—Section
1305(a) of such title is amended—
(1) by striking ‘‘(1) Except as’’ and all the follows through
‘‘W–5)’’ and inserting ‘‘A regular warrant officer’’;
(2) by inserting ‘‘as a warrant officer’’ after ‘‘years of active
service’’;
(3) by inserting ‘‘the date on which’’ after ‘‘60 days after’’;
and
(4) by striking paragraph (2).
SEC. 506. EXTENSION OF TEMPORARY REDUCTION OF TIME-IN-GRADE
REQUIREMENT FOR ELIGIBILITY FOR PROMOTION FOR
CERTAIN ACTIVE-DUTY LIST OFFICERS IN GRADES OF
FIRST LIEUTENANT AND LIEUTENANT (JUNIOR GRADE).
Section 619(a)(1)(B) of title 10, United States Code, is amended
by striking ‘‘October 1, 2005’’ and inserting ‘‘October 1, 2008’’.
10 USC 8081
note.
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SEC. 507. GRADE AND EXCLUSION FROM ACTIVE-DUTY GENERAL AND
FLAG OFFICER DISTRIBUTION AND STRENGTH LIMITA-
TIONS OF OFFICER SERVING AS ATTENDING PHYSICIAN
TO THE CONGRESS.
(a) GRADE.—
(1) REGULAR OFFICER.—(A) Chapter 41 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 722. Attending Physician to the Congress: grade
‘‘A general officer serving as Attending Physician to the Con-
gress, while so serving, holds the grade of major general. A flag
officer serving as Attending Physician to the Congress, while so
serving, holds the grade of rear admiral.’’.
(B) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
‘‘722. Attending Physician to the Congress: grade.’’.
(2) RESERVE OFFICER.—(A) Section 12210 of such title is
amended by striking ‘‘who holds’’ and all that follows and
inserting ‘‘holds the reserve grade of major general or rear
admiral, as appropriate.’’.
(B) The heading of such section is amended to read as
follows:
‘‘§ 12210. Attending Physician to the Congress: reserve
grade’’.
(C) The table of sections at the beginning of chapter 1205
of such title is amended by striking the item relating to section
12210 and inserting the following new item:
‘‘12210. Attending Physician to the Congress: reserve grade.’’.
(b) DISTRIBUTION LIMITATIONS.—Section 525 of such title is
amended by adding at the end the following new subsection:
‘‘(f) An officer while serving as Attending Physician to the
Congress is in addition to the number that would otherwise be
permitted for that officer’s armed force for officers serving on active
duty in grades above brigadier general or rear admiral (lower
half) under subsection (a).’’.
(c) ACTIVE-DUTY STRENGTH LIMITATIONS.—Section 526 of such
title is amended by adding at the end the following new subsection:
‘‘(f) EXCLUSION OF ATTENDING PHYSICIAN TO THE CONGRESS.—
The limitations of this section do not apply to the general or
flag officer who is serving as Attending Physician to the Congress.’’.
SEC. 508. MODIFICATION OF QUALIFICATIONS FOR LEADERSHIP OF
THE NAVAL POSTGRADUATE SCHOOL.
Subsection (a) of section 7042 of title 10, United States Code,
is amended to read as follows:
‘‘(a)(1) The President of the Naval Postgraduate School shall
be one of the following:
‘‘(A) An active-duty officer of the Navy or Marine Corps
in a grade not below the grade of captain, or colonel, respec-
tively, who is assigned or detailed to such position.
‘‘(B) A civilian individual, including an individual who was
retired from the Navy or Marine Corps in a grade not below
captain, or colonel, respectively, who has the qualifications
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appropriate to the position of President and is selected by
the Secretary of the Navy as the best qualified from among
candidates for the position in accordance with—
‘‘(i) the criteria specified in paragraph (4);
‘‘(ii) a process determined by the Secretary; and
‘‘(iii) other factors the Secretary considers essential.
‘‘(2) Before making an assignment, detail, or selection of an
individual for the position of President of the Naval Postgraduate
School, the Secretary shall—
‘‘(A) consult with the Board of Advisors for the Naval
Postgraduate School;
‘‘(B) consider any recommendation of the leadership and
faculty of the Naval Postgraduate School regarding the assign-
ment or selection to that position; and
‘‘(C) consider the recommendations of the Chief of Naval
Operations and the Commandant of the Marine Corps.
‘‘(3) An individual selected for the position of President of
the Naval Postgraduate School under paragraph (1)(B) shall serve
in that position for a term of not more than five years and may
be continued in that position for an additional term of up to five
years.
‘‘(4) The qualifications appropriate for selection of an individual
for detail or assignment to the position of President of the Naval
Postgraduate School include the following:
‘‘(A) An academic degree that is either—
‘‘(i) a doctorate degree in a field of study relevant
to the mission and function of the Naval Postgraduate
School; or
‘‘(ii) a master’s degree in a field of study relevant
to the mission and function of the Naval Postgraduate
School, but only if—
‘‘(I) the individual is an active-duty or retired
officer of the Navy or Marine Corps in a grade not
below the grade of captain or colonel, respectively;
and
‘‘(II) at the time of the selection of that individual
as President, the individual permanently appointed to
the position of Provost and Academic Dean has a doc-
torate degree in such a field of study.
‘‘(B) A comprehensive understanding of the Department
of the Navy, the Department of Defense, and joint and combined
operations.
‘‘(C) Leadership experience at the senior level in a large
and diverse organization.
‘‘(D) Demonstrated ability to foster and encourage a pro-
gram of research in order to sustain academic excellence.
‘‘(E) Other qualifications, as determined by the Secretary
of the Navy.’’.
PART II—OFFICER PROMOTION POLICY
SEC. 511. REVISIONS TO AUTHORITIES RELATING TO AUTHORIZED
DELAYS OF OFFICER PROMOTIONS.
(a) OFFICERS ON ACTIVE-DUTY LIST.—
(1) SECRETARY OF DEFENSE REGULATIONS FOR DELAYS OF
APPOINTMENT UPON PROMOTION.—Paragraphs (1) and (2) of sub-
section (d) of section 624 of title 10, United States Code, are
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amended by striking ‘‘prescribed by the Secretary concerned’’
in and inserting ‘‘prescribed by the Secretary of Defense’’.
(2) ADDITIONAL BASIS FOR DELAY OF APPOINTMENT BY REA-
SON OF INVESTIGATIONS AND PROCEEDINGS.—Subsection (d)(1)
of such section is further amended—
(A) by striking ‘‘or’’ at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph
(D) and inserting ‘‘; or’’;
(C) by inserting after subparagraph (D) the following
new subparagraph:
‘‘(E) substantiated adverse information about the officer
that is material to the decision to appoint the officer is under
review by the Secretary of Defense or the Secretary concerned.’’;
and
(D) in the flush matter following subparagraph (E),
as inserted by subparagraph (C) of this paragraph—
(i) by striking ‘‘or’’ after ‘‘chapter 60 of this title’’;
and
(ii) by inserting after ‘‘brought against him,’’ the
following: ‘‘or if, after a review of substantiated adverse
information about the officer regarding the require-
ment for exemplary conduct set forth in section 3583,
5947, or 8583 of this title, as applicable, the officer
is determined to be among the officers best qualified
for promotion,’’.
(3) ADDITIONAL BASIS FOR DELAY IN APPOINTMENT FOR LACK
OF QUALIFICATIONS.—Subsection (d)(2) of such section is further
amended—
(A) in the first sentence, by inserting before ‘‘is men-
tally, physically,’’ the following: ‘‘has not met the require-
ment for exemplary conduct set forth in section 3583, 5947,
or 8583 of this title, as applicable, or’’; and
(B) in the second sentence, by striking ‘‘If the Secretary
concerned later determines that the officer is qualified
for promotion to such grade’’ and inserting ‘‘If it is later
determined by a civilian official of the Department of
Defense (not below the level of Secretary of a military
department) that the officer is qualified for promotion to
such grade and, after a review of adverse information
regarding the requirement for exemplary conduct set forth
in section 3583, 5947, or 8583 of this title, as applicable,
the officer is determined to be among the officers best
qualified for promotion to such grade’’.
(b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.—
(1) SECRETARY OF DEFENSE REGULATIONS FOR DELAYS OF
APPOINTMENT UPON PROMOTION.—Subsections (a)(1) and (b) of
section 14311 of such title are amended by striking ‘‘Secretary
of the military department concerned’’ and inserting ‘‘Secretary
of Defense’’.
(2) ADDITIONAL BASIS FOR ORIGINAL DELAY OF APPOINTMENT
BY
REASON
OF
INVESTIGATIONS
AND
PROCEEDINGS.—Section
14311(a) of such title is further amended—
(A) in paragraph (1), by adding at the end the following
new subparagraph:
‘‘(E) Substantiated adverse information about the officer
that is material to the decision to appoint the officer is under
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review by the Secretary of Defense or the Secretary concerned.’’;
and
(B) in paragraph (2)—
(i) by striking ‘‘or’’ after ‘‘show cause for retention,’’;
and
(ii) by inserting after ‘‘of the charges,’’ the fol-
lowing: ‘‘or if, after a review of substantiated adverse
information about the officer regarding the require-
ment for exemplary conduct set forth in section 3583,
5947, or 8583 of this title, as applicable, the officer
is determined to be among the officers best qualified
for promotion,’’.
(3) ADDITIONAL BASIS FOR DELAY IN APPOINTMENT FOR LACK
OF QUALIFICATIONS.—Section 14311(b) of such section is further
amended—
(A) in the first sentence, by inserting before ‘‘is men-
tally, physically,’’ the following: ‘‘has not met the require-
ment for exemplary conduct set forth in section 3583, 5947,
or 8583 of this title, as applicable, or’’; and
(B) in the second sentence, by striking ‘‘If the Secretary
concerned later determines that the officer is qualified
for promotion to the higher grade’’ and inserting ‘‘If it
is later determined by a civilian official of the Department
of Defense (not below the level of Secretary of a military
department) that the officer is qualified for promotion to
the higher grade and, after a review of adverse information
regarding the requirement for exemplary conduct set forth
in section 3583, 5947, or 8583 of this title, as applicable,
the officer is determined to be among the officers best
qualified for promotion to the higher grade’’.
(c) DEADLINE FOR UNIFORM REGULATIONS ON DELAY OF PRO-
MOTIONS.—
(1) DEADLINE.—The Secretary of Defense shall prescribe
the regulations required by section 624(d) of title 10, United
States Code (as amended by subsection (a)(1) of this section),
and the regulations required by section 14311 of such title
(as amended by subsection (b)(1) of this section) not later than
March 1, 2008.
(2) SAVINGS CLAUSE FOR EXISTING REGULATIONS.—Until the
Secretary of Defense prescribes regulations pursuant to para-
graph (1), regulations prescribed by the Secretaries of the mili-
tary departments under the sections referred to in paragraph
(1) shall remain in effect.
(d) TECHNICAL AMENDMENTS TO CLARIFY DATE OF ESTABLISH-
MENT OF PROMOTION LISTS.—
(1) PROMOTION
LISTS
FOR
ACTIVE-DUTY
LIST
OFFICERS.—
Section 624(a)(1) of title 10, United States Code, is amended
by adding at the end the following new sentence: ‘‘A promotion
list is considered to be established under this section as of
the date of the approval of the report of the selection board
under the preceding sentence.’’.
(2) PROMOTION LISTS FOR RESERVE ACTIVE-STATUS LIST OFFI-
CERS.—Section 14308(a) of title 10, United States Code, is
amended by adding at the end the following new sentence:
‘‘A promotion list is considered to be established under this
section as of the date of the approval of the report of the
selection board under the preceding sentence.’’.
10 USC 624 note.
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(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act and
shall apply with respect to officers on promotion lists established
on or after the date of the enactment of this Act.
SEC. 512. CONSIDERATION OF ADVERSE INFORMATION BY SELECTION
BOARDS IN RECOMMENDATIONS ON OFFICERS TO BE PRO-
MOTED.
(a) OFFICERS
ON ACTIVE-DUTY LIST.—Section 616(c) of title
10, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (1);
(2) by striking the period at the end in paragraph (2)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) a majority of the members of the board, after consider-
ation by all members of the board of any adverse information
about the officer that is provided to the board under section
615 of this title, finds that the officer is among the officers
best qualified for promotion to meet the needs of the armed
force concerned consistent with the requirement of exemplary
conduct set forth in section 3583, 5947, or 8583 of this title,
as applicable.’’.
(b) OFFICERS
ON
RESERVE-ACTIVE
STATUS
LIST.—Section
14108(b) of such title is amended—
(1) in the heading, by striking ‘‘MAJORITY REQUIRED.—
’’ and inserting ‘‘ACTIONS REQUIRED.—’’;
(2) by striking ‘‘and’’ at the end of paragraph (1);
(3) by striking the period at the end in paragraph (2)
and inserting ‘‘; and’’; and
(4) by adding at the end the following new paragraph:
‘‘(3) a majority of the members of the board, after consider-
ation by all members of the board of any adverse information
about the officer that is provided to the board under section
14107 of this title, finds that the officer is among the officers
best qualified for promotion to meet the needs of the armed
force concerned consistent with the requirement of exemplary
conduct set forth in section 3583, 5947, or 8583 of this title,
as applicable.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act and
shall apply with respect to selection boards convened on or after
that date.
SEC. 513. EXPANDED AUTHORITY FOR REMOVAL FROM REPORTS OF
SELECTION BOARDS OF OFFICERS RECOMMENDED FOR
PROMOTION TO GRADES BELOW GENERAL AND FLAG
GRADES.
(a) OFFICERS ON ACTIVE-DUTY LIST.—Section 618(d) of title
10, United States Code, is amended—
(1) by striking ‘‘The name’’ and inserting ‘‘(1) Except as
provided in paragraph (2), the name’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) In the case of an officer recommended by a selection board
for promotion to a grade below brigadier general or rear admiral
(lower half), the name of the officer may also be removed from
the report of the selection board by the Secretary of Defense or
the Deputy Secretary of Defense.’’.
10 USC 616 note.
10 USC 624 note.
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(b) OFFICERS
ON
RESERVE-ACTIVE
STATUS
LIST.—Section
14111(b) of such title is amended—
(1) by striking ‘‘The name’’ and inserting ‘‘(1) Except as
provided in paragraph (2), the name’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) In the case of an officer recommended by a selection board
for promotion to a grade below brigadier general or rear admiral
(lower half), the name of the officer may also be removed from
the report of the selection board by the Secretary of Defense or
the Deputy Secretary of Defense.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to selection boards convened on or after
the date of the enactment of this Act.
SEC. 514. SPECIAL SELECTION BOARD AUTHORITIES.
(a) OFFICERS ON ACTIVE-DUTY LIST.—
(1) BOARDS FOR ADMINISTRATIVE ERROR AVAILABLE ONLY
TO OFFICERS IN OR ABOVE PROMOTION ZONE.—Subsection (a)(1)
of section 628 of title 10, United States Code, is amended
by inserting ‘‘from in or above the promotion zone’’ after ‘‘for
selection for promotion’’.
(2) ACTIONS TREATABLE AS MATERIAL UNFAIRNESS.—Sub-
section (b)(1)(A) of such section is amended by inserting ‘‘in
a matter material to the decision of the board’’ after ‘‘contrary
to law’’.
(b) OFFICERS
ON
RESERVE
ACTIVE-STATUS
LIST.—Section
14502(b)(1)(A) of such title is amended by inserting ‘‘in a matter
material to the decision of the board’’ after ‘‘contrary to law’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on March 1, 2007, and shall apply with respect
to selection boards convened on or after that date.
SEC. 515. REMOVAL FROM PROMOTION LIST OF OFFICERS NOT PRO-
MOTED WITHIN 18 MONTHS OF APPROVAL OF LIST BY THE
PRESIDENT.
(a) OFFICERS ON ACTIVE-DUTY LISTS.—
(1) CLARIFICATION OF REMOVAL DUE TO SENATE NOT GIVING
ADVICE AND CONSENT.—Subsection (b) of section 629 of title
10, United States Code, is amended—
(A) by inserting ‘‘REMOVAL DUE TO SENATE NOT GIVING
ADVICE AND CONSENT.—’’ after ‘‘(b)’’ ; and
(B) by inserting ‘‘to a grade for which appointment
is required by section 624(c) of this title to be made by
and with the advice and consent of the Senate’’ after ‘‘the
President’’.
(2) REMOVAL AFTER 18 MONTHS.—Such section is further
amended—
(A) by redesignating subsection (c) as subsection (d);
and
(B) by inserting after subsection (b) the following new
subsection (c):
‘‘(c) REMOVAL AFTER 18 MONTHS.—(1) If an officer whose name
is on a list of officers approved for promotion under section 624(a)
of this title to a grade for which appointment is required by section
624(c) of this title to be made by and with the advice and consent
of the Senate is not appointed to that grade under such section
during the officer’s promotion eligibility period, the officer’s name
10 USC 628 note.
10 USC 618 note.
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shall be removed from the list unless as of the end of such period
the Senate has given its advice and consent to the appointment.
‘‘(2) Before the end of the promotion eligibility period with
respect to an officer under paragraph (1), the President may extend
that period for purposes of paragraph (1) by an additional 12
months.
‘‘(3) In this subsection, the term ‘promotion eligibility period’
means, with respect to an officer whose name is on a list of officers
approved for promotion under section 624(a) of this title to a grade
for which appointment is required by section 624(c) of this title
to be made by and with the advice and consent of the Senate,
the period beginning on the date on which the list is so approved
and ending on the first day of the eighteenth month following
the month during which the list is so approved.’’.
(3) CROSS-REFERENCE AMENDMENT.—Paragraph (1) of sub-
section (d) of such section, as redesignated by paragraph (2)(A)
of this subsection, is amended by striking ‘‘or (b)’’ and inserting
‘‘(b), or (c)’’.
(4) STYLISTIC
AMENDMENTS.—Such section is further
amended—
(A) in subsection (a), by inserting ‘‘REMOVAL BY PRESI-
DENT.—’’ after ‘‘(a)’’; and
(B) in subsection (d) (as amended by paragraph (3)),
by inserting ‘‘CONTINUED ELIGIBILITY FOR PROMOTION.—
’’ before ‘‘(1)’’.
(b) OFFICERS ON RESERVE ACTIVE STATUS LIST.—
(1) REMOVAL FOLLOWING RETURN.—Section 14310 of such
title is amended—
(A) by redesignating subsection (c) as subsection (d);
and
(B) by inserting after subsection (b) the following new
subsection (c):
‘‘(c) REMOVAL AFTER 18 MONTHS.—(1) If an officer whose name
is on a list of officers approved for promotion under section 14308(a)
of this title to a grade for which appointment is required by section
12203(a) of this title to be made by and with the advice and
consent of the Senate is not appointed to that grade under such
section during the officer’s promotion eligibility period, the officer’s
name shall be removed from the list unless as of the end of such
period the Senate has given its advice and consent to the appoint-
ment.
‘‘(2) Before the end of the promotion eligibility period with
respect to an officer under paragraph (1), the President may extend
that period for purposes of paragraph (1) by an additional 12
months.
‘‘(3) In this subsection, the term ‘promotion eligibility period’
means, with respect to an officer whose name is on a list of officers
approved for promotion under section 14308(a) of this title to a
grade for which appointment is required by section 12203(a) of
this title to be made by and with the advice and consent of the
Senate, the period beginning on the date on which the list is
so approved and ending on the first day of the eighteenth month
following the month during which the list is so approved.’’.
(2) CROSS-REFERENCE AMENDMENT.—Paragraph (1) of sub-
section (d) of such section, as redesignated by paragraph (1)(A)
of this subsection, is amended by striking ‘‘or (b)’’ and inserting
‘‘(b), or (c)’’.
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(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to any promotion list approved by the President after
January 1, 2007.
PART III—JOINT OFFICER MANAGEMENT
REQUIREMENTS
SEC. 516. MODIFICATION AND ENHANCEMENT OF GENERAL AUTHORI-
TIES ON MANAGEMENT OF OFFICERS WHO ARE JOINT
QUALIFIED.
(a) REDESIGNATION
OF APPLICABILITY
OF POLICIES TOWARD
JOINT QUALIFICATION.—Subsection (a) of section 661 of title 10,
United States Code, is amended by striking the last sentence.
(b) REVISION TO GENERAL AUTHORITIES.—Subsections (b), (c),
and (d) of such section are amended to read as follows:
‘‘(b) LEVELS, DESIGNATION, AND NUMBERS.—(1)(A) The Sec-
retary of Defense shall establish different levels of joint qualifica-
tion, as well as the criteria for qualification at each level. Such
levels of joint qualification shall be established by the Secretary
with the advice of the Chairman of the Joint Chiefs of Staff.
Each level shall, as a minimum, have both joint education criteria
and joint experience criteria. The purpose of establishing such quali-
fication levels is to ensure a systematic, progressive, career-long
development of officers in joint matters and to ensure that officers
serving as general and flag officers have the requisite experience
and education to be highly proficient in joint matters.
‘‘(B) The number of officers who are joint qualified shall be
determined by the Secretary of Defense, with the advice of the
Chairman of the Joint Chiefs of Staff. Such number shall be large
enough to meet the requirements of subsection (d).
‘‘(2) Certain officers shall be designated as joint qualified by
the Secretary of Defense with the advice of the Chairman of the
Joint Chiefs of Staff.
‘‘(3) An officer may be designated as joint qualified under para-
graph (2) only if the officer—
‘‘(A) meets the education and experience criteria of sub-
section (c);
‘‘(B) meets such additional criteria as prescribed by the
Secretary of Defense; and
‘‘(C) holds the grade of captain or, in the case of the
Navy, lieutenant or a higher grade.
‘‘(4) The authority of the Secretary of Defense under paragraph
(2) to designate officers as joint qualified may be delegated only
to the Deputy Secretary of Defense or an Under Secretary of
Defense.
‘‘(c) EDUCATION AND EXPERIENCE REQUIREMENTS.—(1) An officer
may not be designated as joint qualified until the officer—
‘‘(A) successfully completes an appropriate program of joint
professional military education, as described in subsections (b)
and (c) of section 2155 of this title, at a joint professional
military education school; and
‘‘(B) successfully completes—
‘‘(i) a full tour of duty in a joint assignment, as
described in section 664(f) of this title; or
‘‘(ii) such other assignments and experiences in a
manner that demonstrate the officer’s mastery of knowl-
edge, skills, and abilities in joint matters, as determined
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under such regulations and policy as the Secretary of
Defense may prescribe.
‘‘(2) Subject to paragraphs (3) through (6), the Secretary of
Defense may waive the requirement under paragraph (1)(A) that
an officer has successfully completed a program of education, as
described in subsections (b) and (c) of section 2155 of this title.
‘‘(3) In the case of an officer in a grade below brigadier general
or rear admiral (lower half), a waiver under paragraph (2) may
be granted only if—
‘‘(A) the officer has completed two full tours of duty in
a joint duty assignment, as described in section 664(f) of this
title, in such a manner as to demonstrate the officer’s mastery
of knowledge, skills, and abilities on joint matters; and
‘‘(B) the Secretary of Defense determines that the types
of joint duty experiences completed by the officer have been
of sufficient breadth to prepare the officer adequately for service
as a general or flag officer in a joint duty assignment position.
‘‘(4) In the case of a general or flag officer, a waiver under
paragraph (2) may be granted only—
‘‘(A) under unusual circumstances justifying the variation
from the education requirement under paragraph (1)(A); and
‘‘(B) under circumstances in which the waiver is necessary
to meet a critical need of the armed forces, as determined
by the Chairman of the Joint Chiefs of Staff.
‘‘(5) In the case of officers in grades below brigadier general
or rear admiral (lower half), the total number of waivers granted
under paragraph (2) for officers in the same pay grade during
a fiscal year may not exceed 10 percent of the total number of
officers in that pay grade designated as joint qualified during that
fiscal year.
‘‘(6) There may not be more than 32 general and flag officers
on active duty at the same time who, while holding a general
or flag officer position, were designated joint qualified (or were
selected for the joint specialty before October 1, 2007) and for
whom a waiver was granted under paragraph (2).
‘‘(d) NUMBER OF JOINT DUTY ASSIGNMENTS.—(1) The Secretary
of Defense shall ensure that approximately one-half of the joint
duty assignment positions in grades above major or, in the case
of the Navy, lieutenant commander are filled at any time by officers
who have the appropriate level of joint qualification.
‘‘(2) The Secretary of Defense, with the advice of the Chairman
of the Joint Chiefs of Staff, shall designate an appropriate number
of joint duty assignment positions as critical joint duty assignment
positions. A position may be designated as a critical joint duty
assignment position only if the duties and responsibilities of the
position make it important that the occupant be particularly trained
in, and oriented toward, joint matters.
‘‘(3)(A) Subject to subparagraph (B), a position designated under
paragraph (2) may be held only by an officer who—
‘‘(i) was designated as joint qualified in accordance with
this chapter; or
‘‘(ii) was selected for the joint specialty before October
1, 2007.
‘‘(B) The Secretary of Defense may waive the requirement in
subparagraph (A) with respect to the assignment of an officer
to a position designated under paragraph (2). Any such waiver
shall be granted on a case-by-case basis. The authority of the
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Secretary to grant such a waiver may be delegated only to the
Chairman of the Joint Chiefs of Staff.
‘‘(4) The Secretary of Defense shall ensure that, of those joint
duty assignment positions that are filled by general or flag officers,
a substantial portion are among those positions that are designated
under paragraph (2) as critical joint duty assignment positions.’’.
(c) CAREER GUIDELINES.—Subsection (e) of such section is
amended by striking ‘‘officers with the joint specialty’’ and inserting
‘‘officers to achieve joint qualification and for officers who have
been designated as joint qualified’’.
(d) TECHNICAL AMENDMENT REGARDING TREATMENT OF CERTAIN
SERVICE.—Subsection (f) of such section is amended by striking
‘‘section 619(e)(1)’’ and inserting ‘‘section 619a’’.
(e) CLERICAL AMENDMENTS.—
(1) SECTION
HEADING.—The heading of such section is
amended to read as follows:
‘‘§ 661. Management policies for officers who are joint quali-
fied’’.
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 38 of such title is amended by striking the
item relating to section 661 and inserting the following new
item:
‘‘661. Management policies for officers who are joint qualified.’’.
(f) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2007.
(g) TREATMENT OF CURRENT JOINT SPECIALTY OFFICERS.—For
the purposes of chapter 38 of title 10, United States Code, and
sections 154, 164, and 619a of such title, an officer who, as of
September 30, 2007, has been selected for or has the joint specialty
under section 661 of such title, as in effect on that date, shall
be considered after that date to be an officer designated as joint
qualified by the Secretary of Defense under section 661(b)(2) of
such title, as amended by this section.
(h) IMPLEMENTATION PLAN.—
(1) PLAN REQUIRED.—Not later than March 31, 2007, 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 plan for the implementation
of the joint officer management system, which will take effect
on October 1, 2007, as provided in subsection (f), as a result
of the amendments made by this section and other provisions
of this Act to provisions of chapter 38 of title 10, United
States Code.
(2) ELEMENTS OF PLAN.—In developing the plan required
by this subsection, the Secretary shall pay particular attention
to matters related to the transition of officers from the joint
specialty system in effect before October 1, 2007, to the joint
officer management system in effect after that date. At a min-
imum, the plan shall include the following:
(A) The policies and criteria to be used for designating
officers as joint qualified on the basis of service performed
by such officers before that date, had the amendments
made by this section and other provisions of this Act to
provisions of chapter 38 of title 10, United States Code,
taken effect before the date of the enactment of this Act.
Deadline.
10 USC 661 note.
10 USC 661 note.
10 USC 661 note.
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(B) The policies and criteria prescribed by the Secretary
of Defense to be used in making determinations under
section 661(c)(1)(B)(ii) of such title, as amended by this
section.
(C) The recommendations of the Secretary for any legis-
lative changes that may be necessary to effectuate the
joint officer management system.
SEC. 517. MODIFICATION OF PROMOTION POLICY OBJECTIVES FOR
JOINT OFFICERS.
Section 662(a) of title 10, United States Code, is amended—
(1) in paragraph (1), by inserting ‘‘and’’ after the semicolon;
and
(2) by striking paragraphs (2) and (3) and inserting the
following new paragraph (2):
‘‘(2) officers who are serving in or have served in joint
duty assignments are expected, as a group, to be promoted
to the next higher grade at a rate not less than the rate
for all officers of the same armed force in the same grade
and competitive category.’’.
SEC. 518. APPLICABILITY OF JOINT DUTY ASSIGNMENT REQUIRE-
MENTS LIMITED TO GRADUATES OF NATIONAL DEFENSE
UNIVERSITY SCHOOLS.
(a) APPLICABILITY.—Section 663 of title 10, United States Code,
is amended—
(1) in subsection (a), by striking ‘‘a joint professional mili-
tary education school’’ and inserting ‘‘a school within the
National Defense University specified in subsection (c)’’; and
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘a joint professional
military education school’’ and inserting ‘‘a school within
the National Defense University specified in subsection
(c)’’; and
(B) in paragraph (2), by striking ‘‘a joint professional
military education school’’ and inserting ‘‘a school referred
to in paragraph (1)’’.
(b) COVERED SCHOOLS WITHIN NDU.—Such section is further
amended by adding at the end the following new subsection:
‘‘(c) COVERED
SCHOOLS
WITHIN
THE
NATIONAL
DEFENSE
UNIVERSITY.—For purposes of this section, a school within the
National Defense University specified in this subsection is one
of the following:
‘‘(1) The National War College.
‘‘(2) The Industrial College of the Armed Forces.
‘‘(3) The Joint Forces Staff College.’’.
SEC. 519. MODIFICATION OF CERTAIN DEFINITIONS RELATING TO
JOINTNESS.
(a) DEFINITION OF JOINT MATTERS.—Subsection (a) of section
668 of title 10, United States Code, is amended to read as follows:
‘‘(a) JOINT MATTERS.—(1) In this chapter, the term ‘joint mat-
ters’ means matters related to the achievement of unified action
by multiple military forces in operations conducted across domains
such as land, sea, or air, in space, or in the information environ-
ment, including matters relating to—
‘‘(A) national military strategy;
‘‘(B) strategic planning and contingency planning;
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‘‘(C) command and control of operations under unified com-
mand;
‘‘(D) national security planning with other departments
and agencies of the United States; and
‘‘(E) combined operations with military forces of allied
nations.
‘‘(2) In the context of joint matters, the term ‘multiple military
forces’ refers to forces that involve participants from the armed
forces and one or more of the following:
‘‘(A) Other departments and agencies of the United States.
‘‘(B) The military forces or agencies of other countries.
‘‘(C) Non-governmental persons or entities.’’.
(b) DEFINITION OF JOINT DUTY ASSIGNMENT.—Paragraph (1)
of subsection (b) of such section is amended by striking ‘‘That
definition shall’’ and all that follows and inserting the following:
‘‘That definition—
‘‘(A) shall be limited to assignments in which the officer
gains significant experience in joint matters; and
‘‘(B) shall exclude assignments for joint training and edu-
cation, except an assignment as an instructor responsible for
preparing and presenting courses in areas of the curricula
designated in section 2155(c) of this title as part of a program
designated by the Secretary of Defense as joint professional
military education Phase II.’’.
(c) DEFINITION OF CRITICAL OCCUPATIONAL SPECIALTY.—Such
section is further amended by adding at the end the following
new subsection:
‘‘(d) CRITICAL OCCUPATIONAL SPECIALTY.—(1) In this chapter,
the term ‘critical occupational specialty’ means a military occupa-
tional specialty involving combat operations within the combat
arms, in the case of the Army, or the equivalent arms, in the
case of the Navy, Air Force, and Marine Corps, that the Secretary
of Defense designates as critical.
‘‘(2) At a minimum, the Secretary of Defense shall designate
as a critical occupational specialty under paragraph (1) any military
occupational specialty within a combat arms (or the equivalent)
that is experiencing a severe shortage of trained officers in that
specialty, as determined by the Secretary.’’.
(d) CONFORMING AMENDMENTS.—
(1) INITIAL
ASSIGNMENT
OF
OFFICERS
WITH
CRITICAL
OCCUPATIONAL
SPECIALTIES.—Section 664(c) of such title is
amended—
(A) in the matter before paragraph (1) by striking
‘‘section 661(c)(2)’’ and inserting ‘‘section 661(c)(1)(B)’’;
(B) by striking paragraph (1);
(C) by redesignating paragraph (2) as paragraph (1)
and, in such paragraph, by striking ‘‘section 661(c)(2)’’ and
inserting ‘‘section 668(d)’’; and
(D) by redesignating paragraph (3) as paragraph (2).
(2) ANNUAL REPORT ON NUMBER OF OFFICERS WITH CRITICAL
OCCUPATIONAL
SPECIALTIES.—Section 667(3) of such title is
amended by striking ‘‘section 661(c)(2)’’ and inserting ‘‘section
668(d)’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2007.
10 USC 664 note.
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Subtitle B—Reserve Component Matters
PART I—RESERVE COMPONENT MANAGEMENT
SEC. 521. RECOGNITION OF FORMER REPRESENTATIVE G.V. ‘SONNY’
MONTGOMERY FOR HIS 30 YEARS OF SERVICE IN THE
HOUSE OF REPRESENTATIVES.
(a) FINDINGS.—Congress makes the following findings:
(1) G.V. ‘‘Sonny’’ Montgomery was elected to the House
of Representatives in 1967 and served the people of east-central
Mississippi for 30 years with distinction, dedication, and convic-
tion.
(2) Sonny Montgomery had a distinguished military career
both before and during his service in Congress, serving in
World War II and the Korean War, and retired from the Mis-
sissippi National Guard with the rank of Major General.
(3) As a Member of the House of Representatives, Sonny
Montgomery served on the Committee on Armed Services and
served with great distinction as the Chairman of the Committee
on Veterans’ Affairs for 13 years from 1981 through 1994.
(4) Representative Montgomery’s colleagues knew him as
a statesman of the institution and as a tireless advocate for
policies that would improve the lives of persons who serve
the United States.
(5) Representative Montgomery was deeply committed to
all members of the Armed Forces who served in combat and
traveled to Korea and Southeast Asia to recover remains and
help determine the fate of POW/MIAs from the Korean and
Vietnam Wars.
(6) Through his years of service on the Committee on
Armed Services, Representative Montgomery made great con-
tributions to the capabilities of the National Guard and
Reserves, by improving their training and equipment and by
better integrating them with the active force.
(7) Under the revised GI Bill that bears his name and
was signed into law in 1984, Representative Montgomery
brought educational benefits to millions of veterans, including
those members who had served in the National Guard and
Reserves, and strengthened the all-volunteer force.
(8) Representative Montgomery had received many honors
and commendations before his passing on May 12, 2006,
including most recently and notably the Presidential Medal
of Freedom, the highest civilian honor accorded by the United
States.
(b) RECOGNITION.—Congress recognizes and commends former
Representative G.V. ‘‘Sonny’’ Montgomery for his 30 years of service
to benefit the people of Mississippi, members of the Armed Forces
and their families, veterans, and the United States.
SEC. 522. REVISIONS TO RESERVE CALL-UP AUTHORITY.
(a) MAXIMUM NUMBER
OF DAYS.—Subsection (a) of section
12304 of title 10, United States Code, is amended by striking
‘‘270 days’’ and inserting ‘‘365 days.’’
(b) FAIR TREATMENT.—Such section is further amended—
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new sub-
section (i):
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‘‘(i) CONSIDERATIONS
FOR
INVOLUNTARY
ORDER
TO
ACTIVE
DUTY.—(1) In determining which members of the Selected Reserve
and Individual Ready Reserve will be ordered to duty without
their consent under this section, appropriate consideration shall
be given to—
‘‘(A) the length and nature of previous service, to assure
such sharing of exposure to hazards as the national security
and military requirements will reasonably allow;
‘‘(B) the frequency of assignments during service career;
‘‘(C) family responsibilities; and
‘‘(D) employment necessary to maintain the national health,
safety, or interest.
‘‘(2) The Secretary of Defense shall prescribe such policies and
procedures as the Secretary considers necessary to carry out this
subsection.’’.
SEC. 523. MILITARY RETIREMENT CREDIT FOR CERTAIN SERVICE BY
NATIONAL GUARD MEMBERS PERFORMED WHILE IN A
STATE DUTY STATUS IMMEDIATELY AFTER THE TER-
RORIST ATTACKS OF SEPTEMBER 11, 2001.
Subsection (c) of section 514 of the National Defense Authoriza-
tion Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3232)
is amended by adding at the end the following new paragraph:
‘‘(3) In the State of New Jersey: Bergen, Hudson, Union,
and Middlesex.’’.
PART II—AUTHORITIES RELATING TO GUARD
AND RESERVE DUTY
SEC. 524. TITLE 10 DEFINITION OF ACTIVE GUARD AND RESERVE DUTY.
Section 101 of title 10, United States Code, is amended—
(1) by adding at the end of subsection (b) the following
new paragraph:
‘‘(16) The term ‘Active Guard and Reserve’ means a member
of a reserve component who is on active duty pursuant to
section 12301(d) of this title or, if a member of the Army
National Guard or Air National Guard, is on full-time National
Guard duty pursuant to section 502(f) of title 32, and who
is performing Active Guard and Reserve duty.’’; and
(2) in paragraph (6)(A) of subsection (d)—
(A) by striking ‘‘or full-time National Guard duty’’ after
‘‘means active duty’’; and
(B) by striking ‘‘, pursuant to an order to active duty
or full-time National Guard duty’’ and inserting ‘‘pursuant
to an order to full-time National Guard duty,’’.
SEC. 525. AUTHORITY FOR ACTIVE GUARD AND RESERVE DUTIES TO
INCLUDE SUPPORT OF OPERATIONAL MISSIONS ASSIGNED
TO THE RESERVE COMPONENTS AND INSTRUCTION AND
TRAINING OF ACTIVE-DUTY PERSONNEL.
(a) AGR DUTY UNDER TITLE 10.—Subsections (a) and (b) of
section 12310 of title 10, United States Code, are amended to
read as follows:
‘‘(a) AUTHORITY.—(1) The Secretary concerned may order a
member of a reserve component under the Secretary’s jurisdiction
to active duty pursuant to section 12301(d) of this title to perform
Procedures.
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Active Guard and Reserve duty organizing, administering,
recruiting, instructing, or training the reserve components.
‘‘(2) A Reserve ordered to active duty under paragraph (1)
shall be ordered in the Reserve’s reserve grade. While so serving,
the Reserve continues to be eligible for promotion as a Reserve,
if otherwise qualified.
‘‘(b) DUTIES.—A Reserve on active duty under subsection (a)
may perform the following additional duties to the extent that
the performance of those duties does not interfere with the perform-
ance of the Reserve’s primary Active Guard and Reserve duties
described in subsection (a)(1):
‘‘(1) Supporting operations or missions assigned in whole
or in part to the reserve components.
‘‘(2) Supporting operations or missions performed or to
be performed by—
‘‘(A) a unit composed of elements from more than one
component of the same armed force; or
‘‘(B) a joint forces unit that includes—
‘‘(i) one or more reserve component units; or
‘‘(ii) a member of a reserve component whose
reserve component assignment is in a position in an
element of the joint forces unit.
‘‘(3) Advising the Secretary of Defense, the Secretaries of
the military departments, the Joint Chiefs of Staff, and the
commanders of the combatant commands regarding reserve
component matters.
‘‘(4) Instructing or training in the United States or the
Commonwealth of Puerto Rico or possessions of the United
States of—
‘‘(A) active-duty members of the armed forces;
‘‘(B) members of foreign military forces (under the same
authorities and restrictions applicable to active-duty mem-
bers providing such instruction or training);
‘‘(C) Department of Defense contractor personnel; or
‘‘(D) Department of Defense civilian employees.’’.
(b) MILITARY TECHNICIANS UNDER TITLE 10.—Section 10216(a)
of such title is amended—
(1) in paragraph (1)(C), by striking ‘‘administration and’’
and inserting ‘‘organizing, administering, instructing, or’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) A military technician (dual status) who is employed under
section 3101 of title 5 may perform the following additional duties
to the extent that the performance of those duties does not interfere
with the performance of the primary duties described in paragraph
(1):
‘‘(A) Supporting operations or missions assigned in whole
or in part to the technician’s unit.
‘‘(B) Supporting operations or missions performed or to
be performed by—
‘‘(i) a unit composed of elements from more than one
component of the technician’s armed force; or
‘‘(ii) a joint forces unit that includes—
‘‘(I) one or more units of the technician’s compo-
nent; or
‘‘(II) a member of the technician’s component
whose reserve component assignment is in a position
in an element of the joint forces unit.
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‘‘(C) Instructing or training in the United States or the
Commonwealth of Puerto Rico or possessions of the United
States of—
‘‘(i) active-duty members of the armed forces;
‘‘(ii) members of foreign military forces (under the same
authorities and restrictions applicable to active-duty mem-
bers providing such instruction or training);
‘‘(iii) Department of Defense contractor personnel; or
‘‘(iv) Department of Defense civilian employees.’’.
(c) NATIONAL GUARD TITLE 32 TRAINING DUTY.—Section 502(f)
of title 32, United States Code, title is amended—
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively;
(2) by inserting ‘‘(1)’’ before ‘‘Under regulations’’; and
(3) by striking the last sentence and inserting the following:
‘‘(2) The training or duty ordered to be performed under para-
graph (1) may include the following:
‘‘(A) Support of operations or missions undertaken by the
member’s unit at the request of the President or Secretary
of Defense.
‘‘(B) Support of training operations and training missions
assigned in whole or in part to the National Guard by the
Secretary concerned, but only to the extent that such training
missions and training operations—
‘‘(i) are performed in the United States or the Common-
wealth of Puerto Rico or possessions of the United States;
and
‘‘(ii) are only to instruct active duty military, foreign
military (under the same authorities and restrictions
applicable to active duty troops), Department of Defense
contractor personnel, or Department of Defense civilian
employees.
‘‘(3) Duty without pay shall be considered for all purposes
as if it were duty with pay.’’.
(d) NATIONAL GUARD TECHNICIANS UNDER TITLE 32.—Section
709(a) of title 32, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘administration and’’ and inserting
‘‘organizing, administering, instructing, or’’; and
(B) by striking ‘‘and’’ at the end of such paragraph;
(2) by striking the period at the end of paragraph (2)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) the performance of the following additional duties to
the extent that the performance of those duties does not inter-
fere with the performance of the duties described by paragraphs
(1) and (2):
‘‘(A) Support of operations or missions undertaken by
the technician’s unit at the request of the President or
the Secretary of Defense.
‘‘(B) Support of Federal training operations or Federal
training missions assigned in whole or in part to the techni-
cian’s unit.
‘‘(C) Instructing or training in the United States or
the Commonwealth of Puerto Rico or possessions of the
United States of—
‘‘(i) active-duty members of the armed forces;
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‘‘(ii) members of foreign military forces (under the
same authorities and restrictions applicable to active-
duty members providing such instruction or training);
‘‘(iii) Department of Defense contractor personnel;
or
‘‘(iv) Department of Defense civilian employees.’’.
SEC. 526. GOVERNOR’S AUTHORITY TO ORDER MEMBERS TO ACTIVE
GUARD AND RESERVE DUTY.
(a) IN GENERAL.—Chapter 3 of title 32, United States Code,
is amended by adding at the end the following new section:
‘‘§ 328. Active Guard and Reserve duty: Governor’s authority
‘‘(a) AUTHORITY.—The Governor of a State or the Common-
wealth of Puerto Rico, Guam, or the Virgin Islands, or the com-
manding general of the District of Columbia National Guard, as
the case may be, with the consent of the Secretary concerned,
may order a member of the National Guard to perform Active
Guard and Reserve duty, as defined by section 101(d)(6) of title
10, pursuant to section 502(f) of this title.
‘‘(b) DUTIES.—A member of the National Guard performing
duty under subsection (a) may perform the additional duties speci-
fied in section 502(f)(2) of this title to the extent that the perform-
ance of those duties does not interfere with the performance of
the member’s primary Active Guard and Reserve duties of orga-
nizing, administering, recruiting, instructing, and training the
reserve components.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘328. Active Guard and Reserve duty: Governor’s authority.’’.
SEC. 527. EXPANSION OF OPERATIONS OF CIVIL SUPPORT TEAMS.
(a) IN GENERAL.—Section 12310(c) of title 10, United States
Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘involving—’’ and inserting ‘‘involving
any of the following:’’; and
(B) by striking subparagraphs (A) and (B) and inserting
the following:
‘‘(A) The use or threatened use of a weapon of mass destruc-
tion (as defined in section 12304(i)(2) of this title) in the United
States.
‘‘(B) A terrorist attack or threatened terrorist attack in
the United States that results, or could result, in catastrophic
loss of life or property.
‘‘(C) The intentional or unintentional release of nuclear,
biological, radiological, or toxic or poisonous chemical materials
in the United States that results, or could result, in catastrophic
loss of life or property.
‘‘(D) A natural or manmade disaster in the United States
that results in, or could result in, catastrophic loss of life
or property.’’;
(2) by amending paragraph (3) to read as follows:
‘‘(3) A Reserve may perform duty described in paragraph (1)
only while assigned to a reserve component weapons of mass
destruction civil support team.’’; and
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(3) by adding at the end the following new paragraph:
‘‘(7) In this subsection, the term ‘United States’ includes the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Such section
is further amended—
(1) by striking the subsection heading and inserting ‘‘OPER-
ATIONS RELATING
TO DEFENSE AGAINST WEAPONS
OF MASS
DESTRUCTION AND TERRORIST ATTACKS.—’’;
(2) in paragraph (5), by striking ‘‘rapid assessment element
team’’ and inserting ‘‘weapons of mass destruction civil support
team’’; and
(3) in paragraph (6)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘paragraph (3)’’ and inserting ‘‘paragraphs (1) and
(3)’’; and
(B) in subparagraph (B), by striking ‘‘paragraph (3)(B)’’
and inserting ‘‘paragraph (3)’’.
SEC. 528. MODIFICATION OF AUTHORITIES RELATING TO THE COMMIS-
SION ON THE NATIONAL GUARD AND RESERVES.
(a) ANNUITIES AND PAY OF MEMBERS ON FEDERAL REEMPLOY-
MENT.—Subsection (e) of section 513 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108–375; 118 Stat. 1882), as amended by section 516 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109–163; 119 Stat. 3237), is further amended by adding at
the end the following new paragraph:
‘‘(3) If warranted by circumstances described in subparagraph
(A) or (B) of section 8344(i)(1) of title 5, United States Code, or
by circumstances described in subparagraph (A) or (B) of section
8468(f)(1) of such title, as applicable, the chairman of the Commis-
sion may exercise, with respect to the members of the Commission,
the same waiver authority as would be available to the Director
of the Office of Personnel Management under such section.’’.
(b) FINAL REPORT.—Subsection (f)(2) of such section 513 (118
Stat. 1882) is amended by striking ‘‘Not later than one year after
the first meeting of the Commission’’ and inserting ‘‘Not later than
January 31, 2008’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect as of October 28, 2004, as if included in the
enactment of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005. The amendment made by subsection
(a) shall apply to members of the Commission on the National
Guard and Reserves appointed on or after that date.
SEC. 529. ADDITIONAL MATTERS TO BE REVIEWED BY COMMISSION
ON THE NATIONAL GUARD AND RESERVES.
(a) ADDITIONAL MATTERS TO BE REVIEWED BY COMMISSION.—
The Commission on the National Guard and Reserves shall include
among the matters it studies (in addition to the matters specified
in subsection (c) of the commission charter) each of the following:
(1) NATIONAL GUARD BUREAU ENHANCEMENT PROPOSALS.—
The advisability and feasibility of implementing the provisions
of S. 2658 and H.R. 5200 of the 109th Congress, as introduced
in the Senate and the House of Representatives, respectively,
on April 26, 2006.
(2) CHIEF OF NATIONAL GUARD BUREAU.—As an alternative
to implementation of the provisions of the bills specified in
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paragraph (1) that provide for the Chief of the National Guard
Bureau to be a member of the Joint Chiefs of Staff and to
hold the grade of general, the advisability and feasibility of
providing for the Chief of the National Guard Bureau to hold
the grade of general in the performance of the current duties
of that office.
(3) NATIONAL GUARD OFFICERS AUTHORITY TO COMMAND.—
The advisability and feasibility of implementing the provisions
of section 544 of H.R. 5122 of the 109th Congress, as passed
by the House of Representatives on May 11, 2006.
(4) NATIONAL GUARD EQUIPMENT AND FUNDING REQUIRE-
MENTS.—The adequacy of the Department of Defense processes
for defining the equipment and funding necessary for the
National Guard to conduct both its responsibilities under title
10, United States Code, and its responsibilities under title
32, United States Code, including homeland defense and related
homeland missions, including as part of such study—
(A) consideration of the extent to which those processes
should be developed taking into consideration the views
of the Chief of the National Guard Bureau, as well as
the views of the 54 Adjutant Generals and the views of
the Chiefs of the Army National Guard and the Air Guard;
and
(B) whether there should be an improved means by
which National Guard equipment requirements are vali-
dated by the Joint Chiefs of Staff and are considered for
funding by the Secretaries of the Army and Air Force.
(b) PRIORITY REVIEW AND REPORT.—
(1) PRIORITY REVIEW.—The Commission on the National
Guard and Reserves shall carry out its study of the matters
specified in paragraphs (1), (2), and (3) of subsection (a) on
a priority basis, with a higher priority for matters under those
paragraphs relating to the grade and functions of the Chief
of the National Guard Bureau.
(2) REPORT.—In addition to the reports required under
subsection (f) of the commission charter, the Commission shall
submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Rep-
resentatives an interim report, not later than March 1, 2007,
specifically on the matters covered by paragraph (1). In such
report, the Commission shall set forth its findings and any
recommendations it considers appropriate with respect to those
matters.
(c) COMMISSION CHARTER DEFINED.—For purposes of this sec-
tion, the term ‘‘commission charter’’ means section 513 of the Ronald
W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108–375; 118 Stat. 1880).
Subtitle C—Education and Training
PART I—SERVICE ACADEMIES
SEC. 531. EXPANSION OF SERVICE ACADEMY EXCHANGE PROGRAMS
WITH FOREIGN MILITARY ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—
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PUBLIC LAW 109–364—OCT. 17, 2006
(1) NUMBER
OF
PARTICIPANTS
IN
EXCHANGE
PROGRAM.—
Subsection (b) of section 4345 of title 10, United States Code,
is amended by striking ‘‘24’’ and inserting ‘‘100’’.
(2) COSTS AND EXPENSES.—Subsection (c) of such section
is amended—
(A) by striking ‘‘for the Academy’’ in paragraph (3)
and all that follows in that paragraph and inserting ‘‘for
the Academy and such additional funds as may be available
to the Academy from a source other than appropriated
funds to support cultural immersion, regional awareness,
or foreign language training activities in connection with
the exchange program.’’; and
(B) by adding at the end the following new paragraph:
‘‘(4) Expenditures in support of the exchange program from
funds appropriated for the Academy may not exceed $1,000,000
during any fiscal year.’’.
(b) UNITED STATES NAVAL ACADEMY.—
(1) NUMBER
OF
PARTICIPANTS
IN
EXCHANGE
PROGRAM.—
Subsection (b) of section 6957a of title 10, United States Code,
is amended by striking ‘‘24’’ and inserting ‘‘100’’.
(2) COSTS AND EXPENSES.—Subsection (c) of such section
is amended—
(A) by striking ‘‘for the Academy’’ in paragraph (3)
and all that follows in that paragraph and inserting ‘‘for
the Academy and such additional funds as may be available
to the Academy from a source other than appropriated
funds to support cultural immersion, regional awareness,
or foreign language training activities in connection with
the exchange program.’’; and
(B) by adding at the end the following new paragraph:
‘‘(4) Expenditures in support of the exchange program from
funds appropriated for the Naval Academy may not exceed
$1,000,000 during any fiscal year.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—
(1) NUMBER
OF
PARTICIPANTS
IN
EXCHANGE
PROGRAM.—
Subsection (b) of section 9345 of title 10, United States Code,
is amended by striking ‘‘24’’ and inserting ‘‘100’’.
(2) COSTS AND EXPENSES.—Subsection (c) of such section
is amended—
(A) by striking ‘‘for the Academy’’ in paragraph (3)
and all that follows in that paragraph and inserting ‘‘for
the Academy and such additional funds as may be available
to the Academy from a source other than appropriated
funds to support cultural immersion, regional awareness,
or foreign language training activities in connection with
the exchange program.’’; and
(B) by adding at the end the following new paragraph:
‘‘(4) Expenditures in support of the exchange program from
funds appropriated for the Academy may not exceed $1,000,000
during any fiscal year.’’.
(d) EFFECTIVE DATES.—The amendments made by subsection
(a) shall take effect on the date of the enactment of this Act.
The amendments made by subsections (b) and (c) shall take effect
on October 1, 2008.
10 USC 4345
note.
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SEC. 532. REVISION AND CLARIFICATION OF REQUIREMENTS WITH
RESPECT 
TO 
SURVEYS 
AND 
REPORTS 
CONCERNING
SEXUAL HARASSMENT AND SEXUAL VIOLENCE AT THE
SERVICE ACADEMIES.
(a) CODIFICATION AND REVISION TO EXISTING REQUIREMENT FOR
SERVICE ACADEMY POLICY ON SEXUAL HARASSMENT AND SEXUAL
VIOLENCE.—
(1) UNITED
STATES
MILITARY
ACADEMY.—Chapter 403 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 4361. Policy on sexual harassment and sexual violence
‘‘(a) REQUIRED POLICY.—Under guidance prescribed by the Sec-
retary of Defense, the Secretary of the Army shall direct the Super-
intendent of the Academy to prescribe a policy on sexual harassment
and sexual violence applicable to the cadets and other personnel
of the Academy.
‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual
harassment and sexual violence prescribed under this section shall
include specification of the following:
‘‘(1) Programs to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a criminal
nature that involve cadets or other Academy personnel.
‘‘(2) Procedures that a cadet should follow in the case
of an occurrence of sexual harassment or sexual violence,
including—
‘‘(A) if the cadet chooses to report an occurrence of
sexual harassment or sexual violence, a specification of
the person or persons to whom the alleged offense should
be reported and the options for confidential reporting;
‘‘(B) a specification of any other person whom the
victim should contact; and
‘‘(C) procedures on the preservation of evidence poten-
tially necessary for proof of criminal sexual assault.
‘‘(3) Procedures for disciplinary action in cases of alleged
criminal sexual assault involving a cadet or other Academy
personnel.
‘‘(4) Any other sanction authorized to be imposed in a
substantiated case of sexual harassment or sexual violence
involving a cadet or other Academy personnel in rape, acquaint-
ance rape, or any other criminal sexual offense, whether forcible
or nonforcible.
‘‘(5) Required training on the policy for all cadets and
other Academy personnel, including the specific training
required for personnel who process allegations of sexual harass-
ment or sexual violence involving Academy personnel.
‘‘(c) ANNUAL
ASSESSMENT.—(1) The Secretary of Defense,
through the Secretary of the Army, shall direct the Superintendent
to conduct at the Academy during each Academy program year
an assessment, to be administered by the Department of Defense,
to determine the effectiveness of the policies, training, and proce-
dures of the Academy with respect to sexual harassment and sexual
violence involving Academy personnel.
‘‘(2) For the assessment at the Academy under paragraph (1)
with respect to an Academy program year that begins in an odd-
numbered calendar year, the Secretary of the Army shall conduct
Survey.
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PUBLIC LAW 109–364—OCT. 17, 2006
a survey, to be administered by the Department of Defense, of
Academy personnel—
‘‘(A) to measure—
‘‘(i) the incidence, during that program year, of sexual
harassment and sexual violence events, on or off the
Academy reservation, that have been reported to officials
of the Academy; and
‘‘(ii) the incidence, during that program year, of sexual
harassment and sexual violence events, on or off the
Academy reservation, that have not been reported to offi-
cials of the Academy; and
‘‘(B) to assess the perceptions of Academy personnel of—
‘‘(i) the policies, training, and procedures on sexual
harassment and sexual violence involving Academy per-
sonnel;
‘‘(ii) the enforcement of such policies;
‘‘(iii) the incidence of sexual harassment and sexual
violence involving Academy personnel; and
‘‘(iv) any other issues relating to sexual harassment
and sexual violence involving Academy personnel.
‘‘(d) ANNUAL REPORT.—(1) The Secretary of the Army shall
direct the Superintendent of the Academy to submit to the Secretary
a report on sexual harassment and sexual violence involving cadets
or other personnel at the Academy for each Academy program
year.
‘‘(2) Each report under paragraph (1) shall include, for the
Academy program year covered by the report, the following:
‘‘(A) The number of sexual assaults, rapes, and other sexual
offenses involving cadets or other Academy personnel that have
been reported to Academy officials during the program year
and, of those reported cases, the number that have been
substantiated.
‘‘(B) The policies, procedures, and processes implemented
by the Secretary of the Army and the leadership of the Academy
in response to sexual harassment and sexual violence involving
cadets or other Academy personnel during the program year.
‘‘(C) A plan for the actions that are to be taken in the
following Academy program year regarding prevention of and
response to sexual harassment and sexual violence involving
cadets or other Academy personnel.
‘‘(3) Each report under paragraph (1) for an Academy program
year that begins in an odd-numbered calendar year shall include
the results of the survey conducted in that program year under
subsection (c)(2).
‘‘(4)(A) The Secretary of the Army shall transmit to the Sec-
retary of Defense, and to the Board of Visitors of the Academy,
each report received by the Secretary under this subsection, together
with the Secretary’s comments on the report.
‘‘(B) The Secretary of Defense shall transmit each such report,
together with the Secretary’s comments on the report, to the Com-
mittee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives.’’.
(2) UNITED STATES NAVAL ACADEMY.—Chapter 603 of title
10, United States Code, is amended by adding at the end
the following new section:
Survey.
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PUBLIC LAW 109–364—OCT. 17, 2006
‘‘§ 6980. Policy on sexual harassment and sexual violence
‘‘(a) REQUIRED POLICY.—Under guidance prescribed by the Sec-
retary of Defense, the Secretary of the Navy shall direct the Super-
intendent of the Naval Academy to prescribe a policy on sexual
harassment and sexual violence applicable to the midshipmen and
other personnel of the Naval Academy.
‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual
harassment and sexual violence prescribed under this section shall
include specification of the following:
‘‘(1) Programs to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a criminal
nature that involve midshipmen or other Academy personnel.
‘‘(2) Procedures that a midshipman should follow in the
case of an occurrence of sexual harassment or sexual violence,
including—
‘‘(A) if the midshipman chooses to report an occurrence
of sexual harassment or sexual violence, a specification
of the person or persons to whom the alleged offense should
be reported and the options for confidential reporting;
‘‘(B) a specification of any other person whom the
victim should contact; and
‘‘(C) procedures on the preservation of evidence poten-
tially necessary for proof of criminal sexual assault.
‘‘(3) Procedures for disciplinary action in cases of alleged
criminal sexual assault involving a midshipman or other
Academy personnel.
‘‘(4) Any other sanction authorized to be imposed in a
substantiated case of sexual harassment or sexual violence
involving a midshipman or other Academy personnel in rape,
acquaintance rape, or any other criminal sexual offense,
whether forcible or nonforcible.
‘‘(5) Required training on the policy for all midshipmen
and other Academy personnel, including the specific training
required for personnel who process allegations of sexual harass-
ment or sexual violence involving Academy personnel.
‘‘(c) ANNUAL
ASSESSMENT.—(1) The Secretary of Defense,
through the Secretary of the Navy, shall direct the Superintendent
to conduct at the Academy during each Academy program year
an assessment, to be administered by the Department of Defense,
to determine the effectiveness of the policies, training, and proce-
dures of the Academy with respect to sexual harassment and sexual
violence involving Academy personnel.
‘‘(2) For the assessment at the Academy under paragraph (1)
with respect to an Academy program year that begins in an odd-
numbered calendar year, the Secretary of the Navy shall conduct
a survey, to be administered by the Department of Defense, of
Academy personnel—
‘‘(A) to measure—
‘‘(i) the incidence, during that program year, of sexual
harassment and sexual violence events, on or off the
Academy reservation, that have been reported to officials
of the Academy; and
‘‘(ii) the incidence, during that program year, of sexual
harassment and sexual violence events, on or off the
Academy reservation, that have not been reported to offi-
cials of the Academy; and
‘‘(B) to assess the perceptions of Academy personnel of—
Survey.
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‘‘(i) the policies, training, and procedures on sexual
harassment and sexual violence involving Academy per-
sonnel;
‘‘(ii) the enforcement of such policies;
‘‘(iii) the incidence of sexual harassment and sexual
violence involving Academy personnel; and
‘‘(iv) any other issues relating to sexual harassment
and sexual violence involving Academy personnel.
‘‘(d) ANNUAL REPORT.—(1) The Secretary of the Navy shall
direct the Superintendent of the Naval Academy to submit to the
Secretary a report on sexual harassment and sexual violence
involving midshipmen or other personnel at the Academy for each
Academy program year.
‘‘(2) Each report under paragraph (1) shall include, for the
Academy program year covered by the report, the following:
‘‘(A) The number of sexual assaults, rapes, and other sexual
offenses involving midshipmen or other Academy personnel
that have been reported to Naval Academy officials during
the program year and, of those reported cases, the number
that have been substantiated.
‘‘(B) The policies, procedures, and processes implemented
by the Secretary of the Navy and the leadership of the Naval
Academy in response to sexual harassment and sexual violence
involving midshipmen or other Academy personnel during the
program year.
‘‘(C) A plan for the actions that are to be taken in the
following Academy program year regarding prevention of and
response to sexual harassment and sexual violence involving
midshipmen or other Academy personnel.
‘‘(3) Each report under paragraph (1) for an Academy program
year that begins in an odd-numbered calendar year shall include
the results of the survey conducted in that program year under
subsection (c)(2).
‘‘(4)(A) The Secretary of the Navy shall transmit to the Sec-
retary of Defense, and to the Board of Visitors of the Naval
Academy, each report received by the Secretary under this sub-
section, together with the Secretary’s comments on the report.
‘‘(B) The Secretary of Defense shall transmit each such report,
together with the Secretary’s comments on the report, to the Com-
mittee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives.’’.
(3) UNITED STATES AIR FORCE ACADEMY.—Chapter 903 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 9361. Policy on sexual harassment and sexual violence
‘‘(a) REQUIRED POLICY.—Under guidance prescribed by the Sec-
retary of Defense, the Secretary of the Air Force shall direct the
Superintendent of the Academy to prescribe a policy on sexual
harassment and sexual violence applicable to the cadets and other
personnel of the Academy.
‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual
harassment and sexual violence prescribed under this section shall
include specification of the following:
‘‘(1) Programs to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a criminal
nature that involve cadets or other Academy personnel.
Survey.
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‘‘(2) Procedures that a cadet should follow in the case
of an occurrence of sexual harassment or sexual violence,
including—
‘‘(A) if the cadet chooses to report an occurrence of
sexual harassment or sexual violence, a specification of
the person or persons to whom the alleged offense should
be reported and the options for confidential reporting;
‘‘(B) a specification of any other person whom the
victim should contact; and
‘‘(C) procedures on the preservation of evidence poten-
tially necessary for proof of criminal sexual assault.
‘‘(3) Procedures for disciplinary action in cases of alleged
criminal sexual assault involving a cadet or other Academy
personnel.
‘‘(4) Any other sanction authorized to be imposed in a
substantiated case of sexual harassment or sexual violence
involving a cadet or other Academy personnel in rape, acquaint-
ance rape, or any other criminal sexual offense, whether forcible
or nonforcible.
‘‘(5) Required training on the policy for all cadets and
other Academy personnel, including the specific training
required for personnel who process allegations of sexual harass-
ment or sexual violence involving Academy personnel.
‘‘(c) ANNUAL
ASSESSMENT.—(1) The Secretary of Defense,
through the Secretary of the Air Force, shall direct the Super-
intendent to conduct at the Academy during each Academy program
year an assessment, to be administered by the Department of
Defense, to determine the effectiveness of the policies, training,
and procedures of the Academy with respect to sexual harassment
and sexual violence involving Academy personnel.
‘‘(2) For the assessment at the Academy under paragraph (1)
with respect to an Academy program year that begins in an odd-
numbered calendar year, the Secretary of the Air Force shall con-
duct a survey, to be administered by the Department of Defense,
of Academy personnel—
‘‘(A) to measure—
‘‘(i) the incidence, during that program year, of sexual
harassment and sexual violence events, on or off the
Academy reservation, that have been reported to officials
of the Academy; and
‘‘(ii) the incidence, during that program year, of sexual
harassment and sexual violence events, on or off the
Academy reservation, that have not been reported to offi-
cials of the Academy; and
‘‘(B) to assess the perceptions of Academy personnel of—
‘‘(i) the policies, training, and procedures on sexual
harassment and sexual violence involving Academy per-
sonnel;
‘‘(ii) the enforcement of such policies;
‘‘(iii) the incidence of sexual harassment and sexual
violence involving Academy personnel; and
‘‘(iv) any other issues relating to sexual harassment
and sexual violence involving Academy personnel.
‘‘(d) ANNUAL REPORT.—(1) The Secretary of the Air Force shall
direct the Superintendent of the Academy to submit to the Secretary
a report on sexual harassment and sexual violence involving cadets
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or other personnel at the Academy for each Academy program
year.
‘‘(2) Each report under paragraph (1) shall include, for the
Academy program year covered by the report, the following:
‘‘(A) The number of sexual assaults, rapes, and other sexual
offenses involving cadets or other Academy personnel that have
been reported to Academy officials during the program year
and, of those reported cases, the number that have been
substantiated.
‘‘(B) The policies, procedures, and processes implemented
by the Secretary of the Air Force and the leadership of the
Academy in response to sexual harassment and sexual violence
involving cadets or other Academy personnel during the pro-
gram year.
‘‘(C) A plan for the actions that are to be taken in the
following Academy program year regarding prevention of and
response to sexual harassment and sexual violence involving
cadets or other Academy personnel.
‘‘(3) Each report under paragraph (1) for an Academy program
year that begins in an odd-numbered calendar year shall include
the results of the survey conducted in that program year under
subsection (c)(2).
‘‘(4)(A) The Secretary of the Air Force shall transmit to the
Secretary of Defense, and to the Board of Visitors of the Academy,
each report received by the Secretary under this subsection, together
with the Secretary’s comments on the report.
‘‘(B) The Secretary of Defense shall transmit each such report,
together with the Secretary’s comments on the report, to the Com-
mittee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives.’’.
(b) FURTHER INFORMATION FROM CADETS AND MIDSHIPMEN AT
THE SERVICE ACADEMIES ON SEXUAL ASSAULT AND SEXUAL HARASS-
MENT ISSUES.—
(1) USE OF FOCUS GROUPS FOR YEARS WHEN SURVEY NOT
REQUIRED.—In any year in which the Secretary of a military
department is not required by law to conduct a survey at
the service academy under the Secretary’s jurisdiction on mat-
ters relating to sexual assault and sexual harassment issues
at that Academy, the Secretary shall provide for focus groups
to be conducted at that Academy for the purposes of
ascertaining information relating to sexual assault and sexual
harassment issues at that Academy.
(2) INCLUSION IN REPORT.—Information ascertained from
a focus group conducted pursuant to paragraph (1) shall be
included in the Secretary’s annual report to Congress on sexual
harassment and sexual violence at the service academies.
(3) SERVICE ACADEMIES.—For purposes of this subsection,
the term ‘‘service academy’’ means the following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(c) REPEAL OF PRIOR LAW.—Section 527 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117
Stat. 1469; 10 U.S.C. 4331 note) is repealed.
(d) CLERICAL AMENDMENTS.—
10 USC 4361
note.
Survey.
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(1) The table of sections at the beginning of chapter 403
of title 10, United States Code, is amended by adding at the
end the following new item:
‘‘4361. Policy on sexual harassment and sexual violence.’’.
(2) The table of sections at the beginning of chapter 603
of such title is amended by adding at the end the following
new item:
‘‘6980. Policy on sexual harassment and sexual violence.’’.
(3) The table of sections at the beginning of chapter 903
of such title is amended by adding at the end the following
new item:
‘‘9361. Policy on sexual harassment and sexual violence.’’.
SEC. 533. DEPARTMENT OF DEFENSE POLICY ON SERVICE ACADEMY
AND ROTC GRADUATES SEEKING TO PARTICIPATE IN
PROFESSIONAL SPORTS BEFORE COMPLETION OF THEIR
ACTIVE-DUTY SERVICE OBLIGATIONS.
(a) POLICY REQUIRED.—
(1) IN GENERAL.—Not later than July 1, 2007, the Secretary
of Defense shall prescribe the policy of the Department of
Defense on—
(A) whether to authorize graduates of the service acad-
emies and the Reserve Officers’ Training Corps to partici-
pate in professional sports before the completion of their
obligations for service on active duty as commissioned offi-
cers; and
(B) if so, the obligations for service on active duty
as commissioned officers of such graduates who participate
in professional sports before the satisfaction of the obliga-
tions referred to in subparagraph (A).
(2) REVIEW
OF
CURRENT
POLICIES.—In prescribing the
policy, the Secretary shall review current policies, practices,
and regulations of the military departments on the obligations
for service on active duty as commissioned officers of graduates
of the service academies and the Reserve Officers’ Training
Corps, including policies on authorized leaves of absence and
policies under excess leave programs.
(3) CONSIDERATIONS.—In prescribing the policy, the Sec-
retary shall take into account the following:
(A) The compatibility of participation in professional
sports (including training for professional sports) with
service on active duty in the Armed Forces or as a member
of a reserve component of the Armed Forces.
(B) The benefits for the Armed Forces of waiving
obligations for service on active duty for cadets, mid-
shipmen, and commissioned officers in order to permit such
individuals to participate in professional sports.
(C) The manner in which the military departments
have resolved issues relating to the participation of per-
sonnel in professional sports, including the extent of and
any reasons for, differences in the resolution of such issues
by such departments.
(D) The recoupment of the costs of education provided
by the service academies or under the Reserve Officers’
Deadline.
10 USC 4348
note.
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Training Corps program if graduates of the service acad-
emies or the Reserve Officers’ Training Corps, as the case
may be, do not complete the period of obligated service
to which they have agreed by reason of participation in
professional sports.
(E) Any other matters that the Secretary considers
appropriate.
(b) ELEMENTS OF POLICY.—The policy prescribed under sub-
section (a) shall address the following matters:
(1) The eligibility of graduates of the service academies
and the Reserve Officers’ Training Corps for a reduction in
the obligated length of service on active duty as a commissioned
officer otherwise required of such graduates on the basis of
their participation in professional sports.
(2) Criteria for the treatment of an individual as a partici-
pant or potential participant in professional sports.
(3) The effect on obligations for service on active duty
as a commissioned officer of any unsatisfied obligations under
prior enlistment contracts or other forms of advanced education
assistance.
(4) Any authorized variations in the policy that are war-
ranted by the distinctive requirements of a particular Armed
Force.
(5) The eligibility of individuals for medical discharge or
disability benefits as a result of injuries incurred while partici-
pating in professional sports.
(6) A prospective effective date for the policy and for the
application of the policy to individuals serving on such effective
date as a commissioned officer, cadet, or midshipman.
(c) APPLICATION OF POLICY TO ARMED FORCES.—Not later than
December 1, 2007, the Secretary of each military department shall
prescribe regulations, or modify current regulations, in order to
implement the policy prescribed by the Secretary of Defense under
subsection (a) with respect to the Armed Forces under the jurisdic-
tion of such Secretary.
PART II—SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAMS
SEC. 535. AUTHORITY TO PERMIT MEMBERS WHO PARTICIPATE IN
THE GUARANTEED RESERVE FORCES DUTY SCHOLARSHIP
PROGRAM TO PARTICIPATE IN THE HEALTH PROFESSIONS
SCHOLARSHIP PROGRAM AND SERVE ON ACTIVE DUTY.
Paragraph (3) of section 2107a(b) of title 10, United States
Code, is amended—
(1) by inserting ‘‘or a cadet or former cadet under this
section who signs an agreement under section 2122 of this
title,’’ after ‘‘military junior college,’’; and
(2) by inserting ‘‘, or former cadet,’’ after ‘‘consent of the
cadet’’ and after ‘‘submitted by the cadet’’.
SEC. 536. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT MED-
ICAL SCHOOLS.
(a) IN GENERAL.—Chapter 101 of title 10, United States Code,
is amended by inserting after section 2004 the following new section:
Deadline.
Regulations.
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‘‘§ 2004a. Detail of commissioned officers as students at med-
ical schools
‘‘(a) DETAIL
AUTHORIZED.—The Secretary of each military
department may detail commissioned officers of the armed forces
as students at accredited medical schools or schools of osteopathy
located in the United States for a period of training leading to
the degree of doctor of medicine. No more than 25 officers from
each military department may commence such training in any
single fiscal year.
‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for detail under
subsection (a), an officer must be a citizen of the United States
and must—
‘‘(1) have served on active duty for a period of not less
than two years nor more than six years and be in the pay
grade 0–3 or below as of the time the training is to begin;
and
‘‘(2) sign an agreement that unless sooner separated the
officer will—
‘‘(A) complete the educational course of medical
training;
‘‘(B) accept transfer or detail as a medical officer within
the military department concerned when the officer’s
training is completed; and
‘‘(C) agree to serve, following completion of the officer’s
training, on active duty (or on active duty and in the
Selected Reserve) for a period as specified pursuant to
subsection (c).
‘‘(c) SERVICE OBLIGATION.—An agreement under subsection (c)
shall provide that the officer shall serve on active duty for two
years for each year or part thereof of the officer’s medical training
under subsection (a), except that the agreement may authorize
the officer to serve a portion of the officer’s service obligation
on active duty and to complete the service obligation that remains
upon separation from active duty in the Selected Reserve, in which
case the officer shall serve three years in the Selected Reserve
for each year or part thereof of the officer’s medical training under
subsection (a) for any service obligation that was not completed
before separation from active duty.
‘‘(d) SELECTION
OF OFFICERS
FOR DETAIL.—Officers detailed
for medical training under subsection (a) shall be selected on a
competitive basis by the Secretary of the military department con-
cerned.
‘‘(e) RELATION
OF SERVICE OBLIGATIONS
TO OTHER SERVICE
OBLIGATIONS.—Any service obligation incurred by an officer under
an agreement entered into under subsection (b) shall be in addition
to any service obligation incurred by the officer under any other
provision of law or agreement.
‘‘(f) EXPENSES.—Expenses incident to the detail of officers under
this section shall be paid from any funds appropriated for the
military department concerned.
‘‘(g) FAILURE TO COMPLETE PROGRAM.—(1) An officer who is
dropped from a program of medical training to which detailed
under subsection (a) for deficiency in conduct or studies, or for
other reasons, may be required to perform active duty in an appro-
priate military capacity in accordance with the active duty obliga-
tion imposed on the officer under regulations issued by the Secretary
of Defense for purposes of this section.
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‘‘(2) In no case shall an officer be required to serve on active
duty under paragraph (1) for any period in excess of one year
for each year or part thereof the officer participated in the program.
‘‘(h) LIMITATION ON DETAILS.—No agreement detailing an officer
of the armed forces to an accredited medical school or school of
osteopathy may be entered into during any period in which the
President is authorized by law to induct persons into the armed
forces involuntarily. Nothing in this subsection shall affect any
agreement entered into during any period when the President is
not authorized by law to so induct persons into the armed forces’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 2004 the following new item:
‘‘2004a. Detail of commissioned officers as students at medical schools.’’.
SEC. 537. INCREASE IN MAXIMUM AMOUNT OF REPAYMENT UNDER
EDUCATION LOAN REPAYMENT FOR OFFICERS IN SPECI-
FIED HEALTH PROFESSIONS.
(a) INCREASE IN MAXIMUM AMOUNT.—Section 2173(e)(2) of title
10, United States Code, is amended by striking ‘‘$22,000’’ and
inserting ‘‘$60,000’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendment made by subsection (a)
shall take effect on October 1, 2006, and shall apply to agree-
ments entered into or revised under section 2173 of title 10,
United States Code, on or after that date.
(2) 
PROHIBITION
ON
ADJUSTMENT.—The 
adjustment
required by the second sentence of section 2173(e)(2) of title
10, United States Code, to be made on October 1, 2006, shall
not be made.
SEC. 538. HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAM FOR ACTIVE SERVICE.
(a) MAXIMUM STIPEND AMOUNT.—Section 2121(d) of title 10,
United States Code, is amended—
(1) by striking ‘‘at the rate of $579 per month’’ and inserting
‘‘at a monthly rate established by the Secretary of Defense,
but not to exceed a total of $30,000 per year’’; and
(2) by striking ‘‘That rate’’ and inserting ‘‘The maximum
annual amount of the stipend’’.
(b) MAXIMUM ANNUAL GRANT.—Section 2127(e) of such title
is amended—
(1) by striking ‘‘$15,000’’ and inserting ‘‘in an amount not
to exceed $45,000’’; and
(2) by striking ‘‘The amount’’ and inserting ‘‘The maximum
amount’’.
(c) REPORT ON PROGRAM.—Not later than March 1, 2007, the
Secretary of Defense shall submit to the Congress a report on
the Health Professions Scholarship and Financial Assistance Pro-
gram for Active Service under subchapter I of chapter 105 of title
10, United States Code. The report shall include the following:
(1) An assessment of the success of each military depart-
ment in achieving its recruiting goals under the program during
each of fiscal years 2000 through 2006.
(2) If any military department failed to achieve its
recruiting goals under the program during any fiscal year cov-
ered by paragraph (1), an explanation of the failure of the
10 USC 2173
note.
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military department to achieve such goal during such fiscal
year.
(3) An assessment of the adequacy of the stipend authorized
by section 2121(d) of title 10, United States Code, in meeting
the objectives of the program.
(4) Such recommendations for legislative or administrative
action as the Secretary considers appropriate to enhance the
effectiveness of the program in meeting the annual recruiting
goals of the military departments for medical personnel covered
by the program.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall take effect on October 1, 2006.
(2) PROHIBITION
ON
ADJUSTMENTS.—The adjustments
required by the second sentence of subsection (d) of section
2121 of title 10, United States Code, and the second sentence
of subsection (e) of section 2127 of such title to be made in
2007 shall not be made.
PART III—JUNIOR ROTC PROGRAM
SEC. 539. JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUCTOR
QUALIFICATIONS.
(a) IN GENERAL.—Chapter 102 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2033. Instructor qualifications
‘‘(a) IN GENERAL.—In order for a retired officer or noncommis-
sioned officer to be employed as an instructor in the program,
the officer must be certified by the Secretary of the military depart-
ment concerned as a qualified instructor in leadership, wellness
and fitness, civics, and other courses related to the content of
the program, according to the qualifications set forth in subsection
(b)(2) or (c)(2), as appropriate.
‘‘(b) SENIOR MILITARY INSTRUCTORS.—
‘‘(1) ROLE.—Senior military instructors shall be retired offi-
cers of the armed forces and shall serve as instructional leaders
who oversee the program.
‘‘(2) QUALIFICATIONS.—A senior military instructor shall
have the following qualifications:
‘‘(A) Professional military qualification, as determined
by the Secretary of the military department concerned.
‘‘(B) Award of a baccalaureate degree from an institu-
tion of higher learning.
‘‘(C) Completion of secondary education teaching certifi-
cation requirements for the program as established by the
Secretary of the military department concerned.
‘‘(D) Award of an advanced certification by the Sec-
retary of the military department concerned in core content
areas based on—
‘‘(i) accumulated points for professional activities,
services to the profession, awards, and recognitions;
‘‘(ii) professional development to meet content
knowledge and instructional skills; and
‘‘(iii) performance evaluation of competencies and
standards within the program through site visits and
inspections.
10 USC 2121
note.
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‘‘(c) NON-SENIOR MILITARY INSTRUCTORS.—
‘‘(1) ROLE.—Non-senior military instructors shall be retired
noncommissioned officers of the armed forces and shall serve
as instructional leaders and teach independently of, but share
program responsibilities with, senior military instructors.
‘‘(2) QUALIFICATIONS.—A non-senior military instructor
shall demonstrate a depth of experience, proficiency, and exper-
tise in coaching, mentoring, and practical arts in executing
the program, and shall have the following qualifications:
‘‘(A) Professional military qualification, as determined
by the Secretary of the military department concerned.
‘‘(B) Award of an associates degree from an institution
of higher learning within five years of employment.
‘‘(C) Completion of secondary education teaching certifi-
cation requirements for the program as established by the
Secretary of the military department concerned.
‘‘(D) Award of an advanced certification by the Sec-
retary of the military department concerned in core content
areas based on—
‘‘(i) accumulated points for professional activities,
services to the profession, awards, and recognitions;
‘‘(ii) professional development to meet content
knowledge and instructional skills; and
‘‘(iii) performance evaluation of competencies and
standards within the program through site visits and
inspections.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘2033. Instructor qualifications.’’.
SEC. 540. EXPANSION OF MEMBERS ELIGIBLE TO BE EMPLOYED TO
PROVIDE JUNIOR RESERVE OFFICERS’ TRAINING CORPS
INSTRUCTION.
(a) ELIGIBILITY OF ‘‘GRAY-AREA’’ GUARD AND RESERVE MEM-
BERS.—Section 2031 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(e) Instead of, or in addition to, detailing officers and non-
commissioned officers on active duty under subsection (c)(1) and
authorizing the employment of retired officers and noncommissioned
officers who are in receipt of retired pay and members of the
Fleet Reserve and Fleet Marine Corps Reserve under subsection
(d), the Secretary of the military department concerned may
authorize qualified institutions to employ as administrators and
instructors in the program officers and noncommissioned officers
who are under 60 years of age and who, but for age, would be
eligible for retired pay for non-regular service under section 12731
of this title and whose qualifications are approved by the Secretary
and the institution concerned and who request such employment,
subject to the following:
‘‘(1) The Secretary concerned shall pay to the institution
an amount equal to one-half of the amount paid to the member
by the institution for any period, up to a maximum of one-
half of the difference between—
‘‘(A) the retired or retainer pay for an active duty
officer or noncommissioned officer of the same grade and
years of service for such period; and
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‘‘(B) the active duty pay and allowances which the
member would have received for that period if on active
duty.
‘‘(2) Notwithstanding the limitation in paragraph (1), the
Secretary concerned may pay to the institution more than one-
half of the amount paid to the member by the institution
if (as determined by the Secretary)—
‘‘(A) the institution is in an educationally and economi-
cally deprived area; and
‘‘(B) the Secretary determines that such action is in
the national interest.
‘‘(3) Payments by the Secretary concerned under this sub-
section shall be made from funds appropriated for that purpose.
‘‘(4) Amounts may be paid under this subsection with
respect to a member after the member reaches the age of
60.
‘‘(5) Notwithstanding any other provision of law, a member
employed by a qualified institution pursuant to an authorization
under this subsection is not, while so employed, considered
to be on active duty or inactive duty training for any purpose.’’.
(b) CLARIFICATION OF STATUS OF RETIRED MEMBERS PROVIDING
INSTRUCTION.—Subsection (d) of such section is amended in the
matter preceding paragraph (1) by inserting ‘‘who are in receipt
of retired pay’’ after ‘‘retired officers and noncommissioned officers’’.
SEC. 541. EXPANSION OF JUNIOR RESERVE OFFICERS’ TRAINING
CORPS PROGRAM.
(a) IN GENERAL.—The Secretaries of the military departments
shall take appropriate actions to increase the number of secondary
educational institutions at which a unit of the Junior Reserve
Officers’ Training Corps is organized under chapter 102 of title
10, United States Code.
(b) EXPANSION TARGETS.—In increasing under subsection (a)
the number of secondary educational institutions at which a unit
of the Junior Reserve Officers’ Training Corps is organized, the
Secretaries of the military departments shall seek to organize units
at an additional number of institutions as follows:
(1) In the case of Army units, 15 institutions.
(2) In the case of Navy units, 10 institutions.
(3) In the case of Marine Corps units, 15 institutions.
(4) In the case of Air Force units, 10 institutions.
SEC. 542. REVIEW OF LEGAL STATUS OF JUNIOR ROTC PROGRAM.
(a) REVIEW.—The Secretary of Defense shall conduct a review
of the 1976 legal opinion issued by the General Counsel of the
Department of Defense regarding instruction of non-host unit stu-
dents participating in Junior Reserve Officers’ Training Corps pro-
grams. The review shall consider whether changes to law after
the issuance of that opinion allow in certain circumstances for
the arrangement for assignment of instructors that provides for
the travel of an instructor from one educational institution to
another once during the regular school day for the purposes of
the Junior Reserve Officers’ Training Corps program as an author-
ized arrangement that enhances administrative efficiency in the
management of the program. If the Secretary, as a result of the
10 USC 2031
note.
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120 STAT. 2213
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review, determines that such authority is not available, the Sec-
retary should also consider whether such authority should be avail-
able and whether there should be authority to waive the restrictions
under certain circumstances.
(b) REPORT.—The Secretary shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report containing the
results of the review not later than 180 days after the date of
the enactment of this Act.
(c) INTERIM AUTHORITY.—A current institution that has more
than 70 students and is providing support to another educational
institutional with more than 70 students and has been providing
for the assignment of instructors from one school to the other
may continue to provide such support until 180 days following
receipt of the report under subsection (b).
PART IV—OTHER EDUCATION AND TRAINING
PROGRAMS
SEC. 543. EXPANDED ELIGIBILITY FOR ENLISTED MEMBERS FOR
INSTRUCTION AT NAVAL POSTGRADUATE SCHOOL.
(a) CERTIFICATE PROGRAMS AND COURSES.—Subparagraph (C)
of subsection (a)(2) of section 7045 of title 10, United States Code,
is amended by striking ‘‘Navy or Marine Corps’’ and inserting
‘‘armed forces’’.
(b) GRADUATE-LEVEL INSTRUCTION.—Such subsection is further
amended—
(1) by redesignating subparagraph (D) as subparagraph
(E); and
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
‘‘(D)(i) The Secretary may permit an eligible enlisted member
of the armed forces to receive graduate-level instruction at the
Naval Postgraduate School in a program leading to a master’s
degree in a technical, analytical, or engineering curriculum.
‘‘(ii) To be eligible to be provided instruction under this subpara-
graph, the enlisted member must have been awarded a bacca-
laureate degree by an institution of higher education.
‘‘(iii) Instruction under this subparagraph may be provided
only on a space-available basis.
‘‘(iv) An enlisted member who successfully completes a course
of instruction under this subparagraph may be awarded a master’s
degree under section 7048 of this title.
‘‘(v) Instruction under this subparagraph shall be provided
pursuant to regulations prescribed by the Secretary. Such regula-
tions may include criteria for eligibility of enlisted members for
instruction under this subparagraph and specification of obligations
for further service in the armed forces relating to receipt of such
instruction.’’.
(c) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) in subparagraph (E) of subsection (a)(2), as redesignated
by subsection (b)(1), by striking ‘‘and (C)’’ and inserting ‘‘(C),
and (D)’’; and
(2) in subsection (b)(2), by striking ‘‘(a)(2)(D)’’ and inserting
‘‘(a)(2)(E)’’.
Regulations.
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PUBLIC LAW 109–364—OCT. 17, 2006
(d) DEADLINE
FOR
SUBMISSION
OF
PREVIOUSLY
REQUIRED
REPORT.—The report required by subsection (c) of section 526 of
the National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109–163; 119 Stat. 3246), relating to the rationale and plans
of the Navy to provide enlisted members an opportunity to obtain
graduate degrees, shall be submitted, in accordance with that sub-
section, not later than March 30, 2007.
(e) REPEAL OF REQUIREMENT FOR REPORT ON PILOT PROGRAM.—
(1) REPEAL.—Subsection (d) of section 526 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law
109–163; 119 Stat. 3246) is repealed.
(2) CONFORMING
AMENDMENT.—Subsection (c)(2) of such
section is amended by striking ‘‘, particularly in the career
fields under consideration for the pilot program referred to
in subsection (d)’’.
(f) REPORT ON USE OF NPS AND AFIT.—Not later than March
30, 2007, the Secretary of the Navy and the Secretary of the
Air Force shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a joint report on the manner by which each
Secretary intends to use the Naval Postgraduate School and the
Air Force Institute of Technology during fiscal years 2008 through
2013 to meet the overall requirements of the Navy and Marine
Corps and of the Air Force for enlisted members with graduate
degrees. The report shall include the following:
(1) The numbers and occupational specialities of enlisted
members that each Secretary plans to enroll as candidates
for graduate degrees each year in each of the two schools.
(2) A description of the graduate degrees that those enlisted
members will pursue at those schools.
(3) Other matters that the two Secretaries jointly consider
to be useful for the committees to better understand the future
role that the two schools will each have in meeting service
requirements for enlisted members with graduate degrees.
Subtitle D—General Service Authorities
SEC. 546. TEST OF UTILITY OF TEST PREPARATION GUIDES AND EDU-
CATION PROGRAMS IN ENHANCING RECRUIT CANDIDATE
PERFORMANCE ON THE ARMED SERVICES VOCATIONAL
APTITUDE BATTERY (ASVAB) AND ARMED FORCES QUALI-
FICATION TEST (AFQT).
(a) REQUIREMENT FOR TEST.—The Secretary of Defense shall
conduct a test of the utility of commercially available test prepara-
tion guides and education programs designed to assist recruit can-
didates achieve scores on military recruit qualification testing that
better reflect the full potential of those recruit candidates in terms
of aptitude and mental category. The test shall be conducted
through the Secretaries of the Army, Navy, and Air Force.
(b) ASSESSMENT OF COMMERCIALLY AVAILABLE GUIDES AND PRO-
GRAMS.—The test shall assess commercially available test prepara-
tion guides and education programs designed to enhance test
performance. The test preparation guides assessed shall test both
written formats and self-paced computer-assisted programs. Edu-
cation programs assessed may test both self-study textbook and
computer-assisted courses and instructor-led courses.
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(c) OBJECTIVES.—The objectives of the test are to determine
the following:
(1) The degree to which test preparation assistance
degrades test reliability and accuracy.
(2) The degree to which test preparation assistance allows
more accurate testing of skill aptitudes and mental capability.
(3) The degree to which test preparation assistance allows
individuals to achieve higher scores without sacrificing reli-
ability and accuracy.
(4) What role is recommended for test preparation assist-
ance in military recruiting.
(d) CONTROL GROUP.—As part of the test, the Secretary shall
identify a population of recruit candidates who will not receive
test preparation assistance and will serve as a control group for
the test. Data from recruit candidates participating in the test
and data from recruit candidates in the control group shall be
compared in terms of both (1) test performance, and (2) subsequent
duty performance in training and unit settings following entry
on active duty.
(e) NUMBER
OF PARTICIPANTS.—The Secretary shall provide
test preparation assistance to a minimum of 2,000 recruit can-
didates and shall identify an equal number to be established as
the control group population.
(f) DURATION
OF TEST.—The Secretary shall begin the test
not later than nine months after the date of the enactment of
this Act. The test shall identify participants over a one-year period
from the start of the test and shall assess duty performance for
each participant for 18 months following entry on active duty.
The last participant shall be identified, but other participants may
not be identified.
(g) REPORT
ON FINDINGS.—Not later than six months after
completion of the duty performance assessment of the last identified
participant in the test, 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 pro-
viding the findings of the Secretary with respect to each of the
objectives specified in subsection (c) and the Secretary’s rec-
ommendations.
SEC. 
547. 
CLARIFICATION 
OF 
NONDISCLOSURE 
REQUIREMENTS
APPLICABLE 
TO 
CERTAIN 
SELECTION 
BOARD 
PRO-
CEEDINGS.
(a) ACTIVE-DUTY SELECTION BOARD PROCEEDINGS.—
(1) EXTENSION TO ALL ACTIVE-DUTY BOARDS.—Chapter 36
of title 10, United States Code, is amended by inserting after
section 613 the following new section:
‘‘§ 613a. Nondisclosure of board proceedings
‘‘(a) NONDISCLOSURE.—The proceedings of a selection board con-
vened under section 611 this title may not be disclosed to any
person not a member of the board.
‘‘(b) PROHIBITED USES OF BOARD DISCUSSIONS, DELIBERATIONS,
AND RECORDS.—The discussions and deliberations of a selection
board described in subsection (a) and any written or documentary
record of such discussions and deliberations—
‘‘(1) are immune from legal process;
‘‘(2) may not be admitted as evidence; and
Deadline.
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‘‘(3) may not be used for any purpose in any action, suit,
or judicial or administrative proceeding without the consent
of the Secretary of the military department concerned.’’.
(2) CONFORMING AMENDMENT.—Section 618 of such title
is amended by striking subsection (f).
(b) RESERVE SELECTION BOARD PROCEEDINGS.—Section 14104
of such title is amended to read as follows:
‘‘§ 14104. Nondisclosure of board proceedings
‘‘(a) NONDISCLOSURE.—The proceedings of a selection board con-
vened under section 14101 of this title may not be disclosed to
any person not a member of the board.
‘‘(b) PROHIBITED USES OF BOARD DISCUSSIONS, DELIBERATIONS,
AND RECORDS.—The discussions and deliberations of a selection
board described in subsection (a) and any written or documentary
record of such discussions and deliberations—
‘‘(1) are immune from legal process;
‘‘(2) may not be admitted as evidence; and
‘‘(3) may not be used for any purpose in any action, suit,
or judicial or administrative proceeding without the consent
of the Secretary of the military department concerned.’’.
(c) APPLICABILITY.—Section 613a of title 10, United States Code,
as added by subsection (a), shall apply with respect to the pro-
ceedings of all selection boards convened under section 611 of that
title, including selection boards convened before the date of the
enactment of this Act. Section 14104 of such title, as amended
by subsection (b), shall apply with respect to the proceedings of
all selection boards convened under section 14101 of that title,
including selection boards convened before the date of the enactment
of this Act.
(d) CLERICAL AMENDMENTS.—
(1) The table of sections at the beginning of subchapter
I of chapter 36 of title 10, United States Code, is amended
by inserting after the item relating to section 613 the following
new item:
‘‘613a. Nondisclosure of board proceedings.’’.
(2) The item relating to section 14104 in the table of
sections at the beginning of chapter 1403 of such title is
amended to read as follows:
‘‘14104. Nondisclosure of board proceedings.’’.
SEC. 548. REPORT ON EXTENT OF PROVISION OF TIMELY NOTICE OF
LONG-TERM DEPLOYMENTS.
Not later than March 1, 2007, 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 on the number of members of the Armed Forces (shown
by service and within each service by reserve component and active
component) who, during the period beginning on January 1, 2005,
and ending on the date of the enactment of this Act, have not
received at least 30 days notice (in the form of an official order)
before a deployment that will last 180 days or more. With respect
to members of the reserve components, the report shall describe
the degree of compliance (or noncompliance) with Department of
Defense policy concerning the amount of notice to be provided
before long-term mobilizations or deployments.
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PUBLIC LAW 109–364—OCT. 17, 2006
Subtitle E—Military Justice Matters
SEC. 551. APPLICABILITY OF UNIFORM CODE OF MILITARY JUSTICE
TO MEMBERS OF THE ARMED FORCES ORDERED TO DUTY
OVERSEAS IN INACTIVE DUTY FOR TRAINING STATUS.
Not later than March 1, 2007, the Secretaries of the military
departments shall prescribe regulations, or amend current regula-
tions, in order to provide that members of the Armed Forces who
are ordered to duty at locations overseas in an inactive duty for
training status are subject to the jurisdiction of the Uniform Code
of Military Justice, pursuant to the provisions of section 802(a)(3)
of title 10, United States Code (article 2(a)(3) of the Uniform Code
of Military Justice), continuously from the commencement of execu-
tion of such orders to the conclusion of such orders.
SEC. 552. CLARIFICATION OF APPLICATION OF UNIFORM CODE OF
MILITARY JUSTICE DURING A TIME OF WAR.
Paragraph (10) of section 802(a) of title 10, United States
Code (article 2(a) of the Uniform Code of Military Justice), is
amended by striking ‘‘war’’ and inserting ‘‘declared war or a contin-
gency operation’’.
Subtitle F—Decorations and Awards
SEC. 555. AUTHORITY FOR PRESENTATION OF MEDAL OF HONOR FLAG
TO LIVING MEDAL OF HONOR RECIPIENTS AND TO LIVING
PRIMARY NEXT-OF-KIN OF DECEASED MEDAL OF HONOR
RECIPIENTS.
(a) FUTURE PRESENTATIONS.—Sections 3755, 6257, and 8755
of title 10, United States Code, and section 505 of title 14, United
States Code, are each amended—
(1) by striking ‘‘after October 23, 2002’’; and
(2) by adding at the end the following new sentence: ‘‘In
the case of a posthumous presentation of the medal, the flag
shall be presented to the person to whom the medal is pre-
sented.’’.
(b) PRESENTATION OF FLAG FOR PRIOR RECIPIENTS OF MEDAL
OF HONOR.—
(1) LIVING RECIPIENTS.—The President shall provide for
the presentation of the Medal of Honor Flag as expeditiously
as possible after the date of the enactment of this Act to
each living recipient of the Medal of Honor who has not already
received a Medal of Honor Flag.
(2) SURVIVORS OF DECEASED RECIPIENTS.—In the case of
presentation of the Medal of Honor Flag for a recipient of
the Medal of Honor who was awarded the Medal of Honor
before the date of the enactment of this Act and who is deceased
as of such date (or who dies after such date and before the
presentation required by paragraph (1)), the President shall
provide for posthumous presentation of the Medal of Honor
Flag, upon written application therefor, to the primary living
next of kin, as determined under regulations or procedures
prescribed by the Secretary of Defense for the purposes of
this paragraph (and notwithstanding the amendments made
by paragraph (2) of subsection (a)).
President.
10 USC 3755
note.
Regulations.
Deadline.
10 USC 802 note.
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(3) MEDAL OF HONOR FLAG.—In this subsection, the term
‘‘Medal of Honor Flag’’ means the flag designated under section
903 of title 36, United States Code.
SEC. 556. REVIEW OF ELIGIBILITY OF PRISONERS OF WAR FOR AWARD
OF THE PURPLE HEART.
(a) REPORT.—Not later than March 1, 2007, the President shall
transmit to the Committees on Armed Services of the Senate and
House of Representatives a report on the advisability of modifying
the criteria for the award of the Purple Heart to authorize the
award of the Purple Heart—
(1) to a member of the Armed Forces who dies in captivity
as a prisoner of war under unknown circumstances or as a
result of conditions and treatment that, under criteria for eligi-
bility for the Purple Heart as in effect on the date of the
enactment of this Act, do not qualify the decedent for award
of the Purple Heart; and
(2) to an individual who while a member of the Armed
Forces survives captivity as a prisoner of war, but who dies
thereafter as a result of disease or disability, or a result of
disease and condition and treatment, incurred during such
captivity.
(b) DETERMINATION.—As part of the review undertaken in order
to prepare the report required by subsection (a), the President
shall make a determination on the advisability of expanding eligi-
bility for the award of the Purple Heart to deceased servicemembers
held as a prisoner of war after December 7, 1941, who meet the
criteria for eligibility for the prisoner-of-war medal under section
1128 of title 10, United States Code (including the criterion under
subsection (e) of that section with respect to honorable conduct),
but who do not meet the criteria for eligibility for the Purple
Heart.
(c) REQUIREMENTS.—In making the determination required by
subsection (b), the President shall take into consideration the fol-
lowing:
(1) The brutal treatment endured by thousands of prisoners
of war incarcerated by enemy forces.
(2) The circumstance that many servicemembers held as
prisoners of war died during captivity due to causes that do
not meet the criteria for eligibility for award of the Purple
Heart, including starvation, abuse, the deliberate withholding
of medical treatment for injury or disease, or other causes.
(3) The circumstance that some members of the Armed
Forces died in captivity under circumstances establishing eligi-
bility for the prisoner-of-war medal but under circumstances
not otherwise establishing eligibility for the Purple Heart.
(4) The circumstance that some members and former mem-
bers of the Armed Forces who were held as prisoners of war
and following captivity were issued the prisoner-of-war medal
subsequently died due to a disease or disability that was
incurred during that captivity, without otherwise having been
awarded the Purple Heart due to the injury or conditions
resulting in that disease or disability or otherwise having been
awarded the Purple Heart for injury incurring during captivity.
(5) The views of veterans service organizations, including
the Military Order of the Purple Heart.
President.
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(6) The importance that has been assigned to determining
all available facts before a decision is made to award the
Purple Heart.
(7) The views of the Secretary of Defense and the Chairman
of the Joint Chiefs of Staff.
SEC. 557. REPORT ON DEPARTMENT OF DEFENSE PROCESS FOR
AWARDING DECORATIONS.
(a) REVIEW.—The Secretary of Defense shall conduct a review
of the policy, procedures, and processes of the military departments
for awarding decorations to members of the Armed Forces.
(b) TIME PERIODS.—As part of the review under subsection
(a), the Secretary shall compare the time frames of the awards
process between active duty and reserve components—
(1) from the time a recommendation for the award of a
decoration is submitted until the time the award of the decora-
tion is approved; and
(2) from the time the award of a decoration is approved
until the time when the decoration is presented to the recipient.
(c) RESERVE COMPONENTS.—If the Secretary, in conducting the
review under subsection (a), finds that the timeliness of the awards
process for members of the reserve components is not the same
as, or similar to, that for members of the active components, the
Secretary shall take appropriate steps to address the discrepancy.
(d) REPORT.—Not later than August 1, 2007, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives a report containing the Secretary’s findings as a result of
the review under subsection (a), together with a plan for imple-
menting whatever changes are determined to be appropriate to
the process for awarding decorations in order to ensure that decora-
tions are awarded in a timely manner, to the extent practicable.
Subtitle G—Matters Relating to Casualties
SEC. 561. AUTHORITY FOR RETENTION AFTER SEPARATION FROM
SERVICE OF ASSISTIVE TECHNOLOGY AND DEVICES PRO-
VIDED WHILE ON ACTIVE DUTY.
(a) IN GENERAL.—Chapter 58 of title 10, United States Code,
is amended by inserting after section 1150 the following new section:
‘‘§ 1151. Retention of assistive technology and services pro-
vided before separation
‘‘(a) AUTHORITY.—A member of the armed forces who is provided
an assistive technology or assistive technology device for a severe
or debilitating illness or injury incurred or aggravated by such
member while on active duty may, under regulations prescribed
by the Secretary of Defense, be authorized to retain such assistive
technology or assistive technology device upon the separation of
the member from active service.
‘‘(b) DEFINITIONS.—In this section, the terms ‘assistive tech-
nology’ and ‘assistive technology device’ have the meaning given
those terms in section 3 of the Assistive Technology Act of 1998
(29 U.S.C. 3002).’’.
Regulations.
10 USC note
prec. 1211.
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(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 1150 the following new item:
‘‘1151. Retention of assistive technology and services provided before separation.’’.
SEC. 562. TRANSPORTATION OF REMAINS OF CASUALTIES DYING IN
A THEATER OF COMBAT OPERATIONS.
(a) REQUIRED TRANSPORTATION.—In the case of a member of
the Armed Forces who dies in a combat theater of operations
and whose remains are returned to the United States through
the mortuary facility at Dover Air Force Base, Delaware, the Sec-
retary concerned, under regulations prescribed by the Secretary
of Defense, shall provide transportation of the remains of that
member from Dover Air Force Base to the applicable escorted
remains destination in accordance with section 1482(a)(8) of title
10, United States Code, and this section.
(b) ESCORTED REMAINS DESTINATION.—In this section, the term
‘‘escorted remains destination’’ means the place to which remains
are authorized to be transported under section 1482(a)(8) of title
10, United States Code.
(c) AIR TRANSPORTATION FROM DOVER AFB.—
(1) 
MILITARY
TRANSPORTATION.—If 
transportation 
of
remains under subsection (a) includes transportation by air,
such transportation (except as provided under paragraph (2))
shall be made by military aircraft or military-contracted air-
craft.
(2) ALTERNATIVE TRANSPORTATION BY AIRCRAFT.—The provi-
sions of paragraph (1) shall not be applicable to the transpor-
tation of remains by air to the extent that the person designated
to direct disposition of the remains directs otherwise.
(3) PRIMARY MISSION.—When remains are transported by
military aircraft or military-contracted aircraft under this sec-
tion, the primary mission of the aircraft providing that
transportation shall be the transportation of such remains.
However, more than one set of remains may be transported
on the same flight.
(d) ESCORT.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Secretary concerned shall ensure that remains transported
under this section are continuously escorted from Dover Air
Force Base to the applicable escorted remains destination by
a member of the Armed Forces in an appropriate grade, as
determined by the Secretary.
(2) OTHER ESCORT.—If a specific military escort is requested
by the person designated to direct disposition of such remains
and the Secretary approves that request, then the Secretary
is not required to provide an additional military escort under
paragraph (1).
(e) HONOR GUARD DETAIL.—
(1) PROVISION OF DETAIL.—Except in a case in which the
person designated to direct disposition of remains requests
that no military honor guard be present, the Secretary con-
cerned shall ensure that an honor guard detail is provided
in each case of the transportation of remains under this section.
The honor guard detail shall be in addition to the escort pro-
vided for the transportation of remains under section (d).
Regulations.
10 USC 1482
note.
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(2) COMPOSITION.—An honor guard detail provided under
this section shall consist of sufficient members of the Armed
Forces to perform the duties specified in paragraph (3). The
members of the honor guard detail shall be in uniform.
(3) DUTIES.—Except to the extent that the person des-
ignated to direct disposition of remains requests that any of
the following functions not be performed, an honor guard detail
under this section—
(A) shall—
(i) travel with the remains during transportation;
or
(ii) meet the remains at the place to which
transportation by air (or by rail or motor vehicle, if
applicable) is made for the transfer of the remains;
(B) shall provide appropriate honors at the arrival
of the remains referred to in subparagraph (A)(ii) (unless
airline or other security requirements do not permit such
honors to be provided); and
(C) shall participate in the transfer of the remains
from an aircraft, when airport and airline security require-
ments permit, by carrying out the remains with a flag
draped over the casket to a hearse or other form of ground
transportation for travel to a funeral home or other place
designated by the person designated to direct disposition
of such remains.
(f) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given that term in section
101(a)(9) of title 10, United States Code.
(g) EFFECTIVE DATE.—This section shall take effect at such
time as may be prescribed by the Secretary of Defense, but not
later than January 1, 2007.
SEC. 563. ANNUAL BUDGET DISPLAY OF FUNDS FOR POW/MIA ACTIVI-
TIES OF DEPARTMENT OF DEFENSE.
(a) CONSOLIDATED BUDGET JUSTIFICATION.—Chapter 9 of title
10, United States Code, is amended by adding at the end the
following new section:
‘‘§ 234. POW/MIA activities: display of budget information
‘‘(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION DOCU-
MENTS.—The Secretary of Defense shall submit to Congress, as
a part of the defense budget materials for a fiscal year, a consoli-
dated budget justification display, in classified and unclassified
form, that covers all programs and activities of Department of
Defense POW/MIA accounting and recovery organizations.
‘‘(b) REQUIREMENTS FOR BUDGET DISPLAY.—The budget display
under subsection (a) for a fiscal year shall include for each such
organization the following:
‘‘(1) A statement of what percentage of the requirements
originally requested by the organization in the budget review
process that the budget requests funds for.
‘‘(2) A summary of actual or estimated expenditures by
that organization for the fiscal year during which the budget
is submitted and for the fiscal year preceding that year.
‘‘(3) The amount in the budget for that organization.
‘‘(4) A detailed explanation of the shortfalls, if any, in
the funding of any requirement shown pursuant to paragraph
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(1), when compared to the amount shown pursuant to para-
graph (3).
‘‘(5) The budget estimate for that organization for the five
fiscal years after the fiscal year for which the budget is sub-
mitted.
‘‘(c) DEPARTMENT
OF DEFENSE POW/MIA ACCOUNTING
AND
RECOVERY ORGANIZATIONS.—In this section, the term ‘Department
of Defense POW/MIA accounting and recovery organization’ means
any of the following (and any successor organization):
‘‘(1) The Defense Prisoner of War/Missing Personnel Office
(DPMO).
‘‘(2) The Joint POW/MIA Accounting Command (JPAC).
‘‘(3) The Armed Forces DNA Identification Laboratory
(AFDIL).
‘‘(4) The Life Sciences Equipment Laboratory (LSEL) of
the Air Force.
‘‘(5) Any other element of the Department of Defense the
mission of which (as designated by the Secretary of Defense)
involves the accounting for and recovery of members of the
armed forces who are missing in action or prisoners of war
or who are unaccounted for.
‘‘(d) OTHER DEFINITIONS.—In this section:
‘‘(1) The term ‘defense budget materials’, with respect to
a fiscal year, means the materials submitted to Congress by
the Secretary of Defense in support of the budget for that
fiscal year.
‘‘(2) The term ‘budget’, with respect to a fiscal year, means
the budget for that fiscal year that is submitted to Congress
by the President under section 1105(a) of title 31.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘234. POW/MIA activities: display of budget information.’’.
SEC. 564. MILITARY SEVERELY INJURED CENTER.
(a) CENTER REQUIRED.—In support of the comprehensive policy
on the provision of assistance to severely wounded or injured
servicemembers required by section 563 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119
Stat. 3269; 10 U.S.C. 113 note), the Secretary of Defense shall
establish within the Department of Defense a center to augment
and support the programs and activities of the military departments
for the provision of such assistance, including the programs of
the military departments referred to in subsection (c).
(b) DESIGNATION.—The center established under subsection (a)
shall be known as the ‘‘Military Severely Injured Center’’ (in this
section referred to as the ‘‘Center’’).
(c) PROGRAMS OF THE MILITARY DEPARTMENTS.—The programs
of the military departments referred to in this subsection are the
following:
(1) The Army Wounded Warrior Support Program.
(2) The Navy Safe Harbor Program.
(3) The Palace HART Program of the Air Force.
(4) The Marine for Life Injured Support Program of the
Marine Corps.
(d) ACTIVITIES OF CENTER.—
10 USC 113 note.
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(1) IN GENERAL.—The Center shall carry out such programs
and activities to augment and support the programs and activi-
ties of the military departments for the provision of assistance
to severely wounded or injured servicemembers and their fami-
lies as the Secretary of Defense, in consultation with the Secre-
taries of the military departments and the heads of other
appropriate departments and agencies of the Federal Govern-
ment (including the Secretary of Labor and the Secretary of
Veterans Affairs), determines appropriate.
(2) DATABASE.—The activities of the Center under this
subsection shall include the establishment and maintenance
of a central database. The database shall be transparent and
shall be accessible for use by all of the programs of the military
departments referred to in subsection (c).
(e) RESOURCES.—The Secretary of Defense shall allocate to
the Center such personnel and other resources as the Secretary
of Defense, in consultation with the Secretaries of the military
departments, considers appropriate in order to permit the Center
to carry out effectively the programs and activities assigned to
the Center under subsection (d).
SEC. 565. COMPREHENSIVE REVIEW ON PROCEDURES OF THE DEPART-
MENT OF DEFENSE ON MORTUARY AFFAIRS.
(a) REPORT.—As soon as practicable after the completion of
a comprehensive review of the procedures of the Department of
Defense on mortuary affairs, the Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report
on the review.
(b) ADDITIONAL ELEMENTS.—In conducting the comprehensive
review described in subsection (a), the Secretary shall address,
in addition to any other matter covered by the review, the following:
(1) The use of additional or increased refrigeration
(including icing) in combat theaters in order to enhance
preservation of remains.
(2) The location of refrigeration assets further forward in
the field.
(3) Specific time standards for the movement of remains
from combat units.
(4) The forward location of autopsy and embalming oper-
ations.
(5) Any other matter that the Secretary considers appro-
priate in order to expedite the return of remains to the United
States in a nondecomposed state.
SEC. 566. ADDITIONAL ELEMENTS OF POLICY ON CASUALTY ASSIST-
ANCE TO SURVIVORS OF MILITARY DECEDENTS.
Section 562(b) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3267; 10 U.S.C.
1475 note) is amended by adding at the end the following new
paragraph:
‘‘(12) The process by which the Department of Defense,
upon request, provides information (in person and otherwise)
to survivors of a military decedent on the cause of, and any
investigation into, the death of such military decedent and
on the disposition and transportation of the remains of such
decedent, which process shall—
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‘‘(A) provide for the provision of such information (in
person and otherwise) by qualified Department of Defense
personnel;
‘‘(B) ensure that information is provided as soon as
possible after death and that, when requested, updates
are provided, in accordance with the procedures established
under this paragraph, in a timely manner when new
information becomes available;
‘‘(C) ensure that—
‘‘(i) the initial provision of such information, and
each such update, relates the most complete and
accurate information available at the time, subject to
limitations applicable to classified information; and
‘‘(ii) incomplete or unverified information is identi-
fied as such during the course of the provision of such
information or update; and
‘‘(D) include procedures by which such survivors shall,
upon request, receive updates or supplemental information
from qualified Department of Defense personnel.’’.
SEC. 567. REQUIREMENT FOR DEPLOYING MILITARY MEDICAL PER-
SONNEL TO BE TRAINED IN PRESERVATION OF REMAINS
UNDER COMBAT OR COMBAT-RELATED CONDITIONS.
(a) REQUIREMENT.—The Secretary of each military department
shall ensure that each military health care professional under that
Secretary’s jurisdiction who is deployed to a theater of combat
operations is trained, before such deployment, in the preservation
of remains under combat or combat-related conditions.
(b) MATTERS COVERED BY TRAINING.—The training under sub-
section (a) shall include, at a minimum, the following:
(1) Best practices and procedures for the preservation of
the remains of a member of the Armed Forces after death,
taking into account the conditions likely to be encountered
and the objective of returning the remains to the member’s
family in the best possible condition.
(2) Practical case studies based on experience of the Armed
Forces in a variety of climactic conditions.
(c) COVERED MILITARY HEALTH CARE PROFESSIONALS.—In this
section, the term ‘‘military health care professional’’ means—
(1) a physician, nurse, nurse practitioner, physician assist-
ant, or combat medic; and
(2) any other medical personnel with medical specialties
who may provide direct patient care and who are designated
by the Secretary of the military department concerned.
(d) EFFECTIVE DATE.—Subsection (a) shall apply with respect
to any military health care professional who is deployed to a theater
of combat operations after the end of the 90-day period beginning
on the date of the enactment of this Act.
10 USC 1481
note.
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Subtitle H—Impact Aid and Defense
Dependents Education System
SEC. 571. ENROLLMENT IN DEFENSE DEPENDENTS’ EDUCATION
SYSTEM OF DEPENDENTS OF FOREIGN MILITARY MEM-
BERS ASSIGNED TO SUPREME HEADQUARTERS ALLIED
POWERS, EUROPE.
(a) TEMPORARY ENROLLMENT AUTHORITY.—Section 1404A of the
Defense Dependents’ Education Act of 1978 (20 U.S.C. 923a) is
amended—
(1) in subsection (a)—
(A) by striking ‘‘of the children’’ and inserting ‘‘of—
‘‘(1) the children’’;
(B) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) the children of a foreign military member assigned
to the Supreme Headquarters Allied Powers, Europe, but only
in a school of the defense dependents’ education system in
Mons, Belgium, and only through the 2010–2011 school year.’’;
and
(2) by adding at the end the following new subsection:
‘‘(c) SPECIAL RULES REGARDING ENROLLMENT OF DEPENDENTS
OF FOREIGN MILITARY MEMBERS ASSIGNED
TO SUPREME HEAD-
QUARTERS ALLIED POWERS, EUROPE.—(1) In the regulations required
by subsection (a), the Secretary shall prescribe a methodology based
on the estimated total number of dependents of sponsors under
section 1414(2) enrolled in schools of the defense dependents’ edu-
cation system in Mons, Belgium, to determine the number of chil-
dren described in paragraph (2) of subsection (a) who will be author-
ized to enroll under such subsection.
‘‘(2) If the number of children described in paragraph (2) of
subsection (a) who seek enrollment in schools of the defense depend-
ents’ education system in Mons, Belgium, exceeds the number
authorized by the Secretary under paragraph (1), the Secretary
may enroll the additional children on a space-available, tuition-
free basis notwithstanding section 1404(d)(2).’’.
(b) REPORT ON LONG-TERM PLAN FOR EDUCATION OF DEPEND-
ENTS OF MILITARY PERSONNEL ASSIGNED TO SHAPE.—Not later than
180 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to Congress a report evaluating alternatives
for the education of dependents of United States military personnel
and dependents of foreign military personnel assigned to Supreme
Headquarters Allied Powers, Europe, including—
(1) an evaluation of the feasibility of establishing an inter-
national school at Supreme Headquarters Allied Powers,
Europe; and
(2) an estimate of the timeframe necessary for transition
to any new model for educating such dependents.
SEC. 572. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDU-
CATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF
MILITARY DEPENDENT STUDENTS.—Of the amount authorized to
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be appropriated pursuant to section 301(5) for operation and mainte-
nance for Defense-wide activities, $35,000,000 shall be available
only for the purpose of providing assistance to local educational
agencies under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119
Stat. 3271; 20 U.S.C. 7703b).
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE
TO
BASE
CLOSURES, FORCE
STRUCTURE
CHANGES, OR
FORCE
RELOCATIONS.—Of the amount authorized to be appropriated pursu-
ant to section 301(5) for operation and maintenance for Defense-
wide activities, $10,000,000 shall be available only for the purpose
of providing assistance to local educational agencies under sub-
section (b) of such section 572.
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section,
the term ‘‘local educational agency’’ has the meaning given that
term in section 8013(9) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7713(9)).
SEC. 573. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to sec-
tion 301(5) for operation and maintenance for Defense-wide activi-
ties, $5,000,000 shall be available for payments under section 363
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–77; 20 U.S.C. 7703a).
SEC. 574. PLAN AND AUTHORITY TO ASSIST LOCAL EDUCATIONAL
AGENCIES EXPERIENCING GROWTH IN ENROLLMENT DUE
TO FORCE STRUCTURE CHANGES, RELOCATION OF MILI-
TARY UNITS, OR BASE CLOSURES AND REALIGNMENTS.
(a) PLAN REQUIRED.—Not later than January 1, 2007, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a report setting forth a plan to provide assistance to local
educational agencies that experience growth in the enrollment of
military dependent students as a result of any of the following
events:
(1) Force structure changes.
(2) The relocation of a military unit.
(3) The closure or realignment of military installations
pursuant to defense base closure and realignment under the
base closure laws.
(b) ELEMENTS.—The report required by subsection (a), and each
updated report required by subsection (c), shall include the fol-
lowing:
(1) An identification, current as of the date of the report,
of the total number of military dependent students who are
anticipated to be arriving at or departing from military installa-
tions as a result of any event described in subsection (a),
including—
(A) an identification of the military installations
affected by such arrivals and departures;
(B) an estimate of the number of such students arriving
at or departing from each such installation; and
(C) the anticipated schedule of such arrivals and depar-
tures.
(2) Such recommendations as the Office of Economic Adjust-
ment of the Department of Defense considers appropriate for
means of assisting affected local educational agencies in
Deadline.
20 USC 7703b
note.
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120 STAT. 2227
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accommodating increases in enrollment of military dependent
students as a result of any such event.
(3) A plan for outreach to be conducted to affected local
educational agencies, commanders of military installations, and
members of the Armed Forces and civilian personnel of the
Department of Defense regarding information on the assistance
to be provided under the plan under subsection (a).
(c) UPDATED REPORTS.—Not later than March 1, 2008, and
annually thereafter to coincide with the submission of the budget
of the President for a fiscal year under section 1105 of title 31,
United States Code, the Secretary of Defense shall submit to the
congressional defense committees an update of the report required
by subsection (a).
(d) TRANSITION OF MILITARY DEPENDENTS FROM DEPARTMENT
OF DEFENSE DEPENDENT SCHOOLS
TO OTHER SCHOOLS.—During
the period beginning on the date of the enactment of this Act
and ending on September 30, 2011, the Secretary of Defense shall
work collaboratively with the Secretary of Education in any efforts
to ease the transition of military dependent students from attend-
ance in Department of Defense dependent schools to attendance
in schools of local educational agencies. The Secretary of Defense
may use funds of the Department of Defense Education Activity
to share expertise and experience of the Activity with local edu-
cational agencies as military dependent students make such transi-
tion, including such a transition resulting from the closure or
realignment of military installations under a base closure law,
global rebasing, and force restructuring.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘base closure law’’ has the meaning given
that term in section 101 of title 10, United States Code.
(2) The term ‘‘local educational agency’’ has the meaning
given that term in section 8013(9) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ‘‘military dependent students’’ refers to—
(A) elementary and secondary school students who are
dependents of members of the Armed Forces; and
(B) elementary and secondary school students who are
dependents of civilian employees of the Department of
Defense.
SEC. 575. PILOT PROGRAM ON PARENT EDUCATION TO PROMOTE
EARLY CHILDHOOD EDUCATION FOR DEPENDENT CHIL-
DREN AFFECTED BY MILITARY DEPLOYMENT OR RELOCA-
TION OF MILITARY UNITS.
(a) PILOT PROGRAM AUTHORIZED.—Using such funds as may
be appropriated for this purpose, the Secretary of Defense may
carry out a pilot program on the provision of educational and
support tools to the parents of preschool-age children—
(1) whose parent or parents serve as members of the Armed
Forces on active duty (including members of the Selected
Reserve on active duty pursuant to a call or order to active
duty of 180 days or more); and
(2) who are affected by the deployment of their parent
or parents or the relocation of the military unit of which their
parent or parents are a member.
(b) PURPOSE.—The purpose of the pilot program is to develop
models for improving the capability of military child and youth
10 USC 1788
note.
Deadline.
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programs on or near military installations to provide assistance
to military parents with young children through a program of
activities focusing on the unique needs of children described in
subsection (a).
(c) LIMITS ON COMMENCEMENT AND DURATION OF PROGRAM.—
The Secretary of Defense may not commence the pilot program
before October 1, 2007, and shall conclude the pilot program not
later than the end of the three-year period beginning on the date
on which the Secretary commences the program.
(d) SCOPE OF PROGRAM.—Under the pilot program, the Sec-
retary of Defense shall utilize one or more models, demonstrated
through research, of universal access of parents of children
described in subsection (a) to assistance under the pilot program
to achieve the following goals:
(1) The identification and mitigation of specific risk factors
for such children related to military life.
(2) The maximization of the educational readiness of such
children.
(e) LOCATIONS AND GOALS.—
(1) 
SELECTION
OF
PARTICIPATING
INSTALLATIONS.—In
selecting military installations to participate in the pilot pro-
gram, the Secretary of Defense shall limit selection to those
military installations whose military personnel are experiencing
significant transition or deployment or which are undergoing
transition as a result of the relocation or activation of military
units or activities relating to defense base closure and realign-
ment.
(2) SELECTION OF CERTAIN INSTALLATIONS.—At least one
of the installations selected under paragraph (1) shall be a
military installation that will permit, under the pilot program,
the meaningful evaluation of a model under subsection (d)
that provides outreach to parents in families with a parent
who is a member of the National Guard or Reserve, which
families live more than 40 miles from the installation.
(3) GOALS OF PARTICIPATING INSTALLATIONS.—If a military
installation is selected under paragraph (1), the Secretary shall
require appropriate personnel at the military installation to
develop goals, and specific outcome measures with respect to
such goals, for the conduct of the pilot program at the installa-
tion.
(4) EVALUATION REQUIRED.—Upon completion of the pilot
program at a military installation, the personnel referred to
in paragraph (3) at the installation shall be required to conduct
an evaluation and assessment of the success of the pilot pro-
gram at the installation in meeting the goals developed for
that installation.
(f) GUIDELINES.—As part of conducting the pilot program, the
Secretary of Defense shall issue guidelines regarding—
(1) the goals to be developed under subsection (e)(3);
(2) specific outcome measures; and
(3) the selection of curriculum and the conduct of develop-
mental screening under the pilot program.
(g) REPORT.—Upon completion of the pilot program, the Sec-
retary 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 on all of the evaluations prepared under
subsection (e)(4) for the military installations participating in the
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pilot program. The report shall describe the results of the evalua-
tions, and may include such recommendations for legislative or
administrative action as the Secretary considers appropriate in
light of the evaluations, including recommendations for the continu-
ation of the pilot program.
Subtitle I—Armed Forces Retirement
Home
SEC. 578. REPORT ON LEADERSHIP AND MANAGEMENT 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 congressional
defense committees a report evaluating the following:
(1) The effect of changing the title of the Chief Operating
Officer of the Armed Forces Retirement Home to a chief execu-
tive officer who will be responsible to the Secretary of Defense
for the overall direction, operation, and management of the
Retirement Home.
(2) The effect of no longer permitting a civilian with experi-
ence as a continuing care retirement community professional
to serve as the Director for a facility of the Armed Forces
Retirement Home, but to instead limit eligibility for such posi-
tions to members of the Armed Forces serving on active duty
in a grade below brigadier general or, in the case of the Navy,
rear admiral (lower half).
(3) The management of the Armed Forces Retirement Home
and whether or not there is a need for a greater role by
members of the Armed Forces serving on active duty in the
overall direction, operation, and management of the Retirement
Home.
SEC. 579. 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 congressional
defense committees a report describing the following:
(1) The current composition and activities of the Local
Board of Trustees of the Armed Forces Retirement 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 Retirement Home—
Gulfport under such section.
(3) The feasibility and effect of including as a member
of each Local Board of Trustees of the Armed Forces Retirement
Home a member of the Armed Forces who is serving on active
duty in the grade of brigadier general, or in the case of the
Navy, rear admiral (lower half).
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Subtitle J—Reports
SEC. 581. REPORT ON PERSONNEL REQUIREMENTS FOR AIRBORNE
ASSETS IDENTIFIED AS LOW-DENSITY, HIGH-DEMAND AIR-
BORNE ASSETS.
(a) REPORT REQUIRED.—Not later than 120 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 Com-
mittee on Armed Services of the House of Representatives a report
on personnel requirements for airborne assets identified as Low-
Density, High-Demand Airborne Assets based on combatant com-
mander requirements to conduct and sustain operations for the
global war on terrorism.
(b) MATTER TO BE INCLUDED.—The report shall include the
following for each airborne asset identified as a Low-Density, High-
Demand Airborne Asset:
(1) The numbers of operations and maintenance crews to
meet tasking contemplated to conduct operations for the global
war on terrorism.
(2) The current numbers of operations and maintenance
crews.
(3) If applicable, shortages of operations and maintenance
crews.
(4) Whether such shortages are addressed in the future-
years defense program.
(5) Whether end-strength increases are required to meet
any such shortages.
(6) Estimated manpower costs of personnel needed to
address shortfalls.
(7) If applicable, the number and types of equipment needed
to address training shortfalls.
SEC. 582. REPORT ON FEASIBILITY OF ESTABLISHMENT OF MILITARY
ENTRANCE PROCESSING COMMAND STATION ON GUAM.
(a) REVIEW.—The Secretary of Defense shall review the feasi-
bility and cost effectiveness of establishing on Guam a station
of the Military Entrance Processing Command to process new
recruits for the Armed Forces who are drawn from the western
Pacific region. For the purposes of the review, the cost effectiveness
of establishing such a facility on Guam shall be measured, in
part, against the system in effect in early 2006 of using Hawaii
and other locations for the processing of new recruits from Guam
and other locations in the western Pacific region.
(b) REPORT.—Not later than June 1, 2007, the Secretary shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
a report providing the results of the study under subsection (a).
SEC. 583. INCLUSION IN ANNUAL DEPARTMENT OF DEFENSE REPORT
ON SEXUAL ASSAULTS OF INFORMATION ON RESULTS OF
DISCIPLINARY ACTIONS.
Section 577(f)(2)(B) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118
Stat. 1927) is amended to read as follows:
‘‘(B) A synopsis of each such substantiated case and, for
each such case, the disciplinary action taken in the case,
10 USC 113 note.
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including the type of disciplinary or administrative sanction
imposed, if any.’’.
SEC. 584. REPORT ON PROVISION OF ELECTRONIC COPY OF MILITARY
RECORDS ON DISCHARGE OR RELEASE OF MEMBERS
FROM THE ARMED FORCES.
(a) REPORT REQUIRED.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the feasibility
and advisability of providing an electronic copy of military records
(including all military service, medical, and other military records)
to members of the Armed Forces on their discharge or release
from the Armed Forces.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) An estimate of the costs of the provision of military
records as described in subsection (a).
(2) An assessment of providing military records as described
in that subsection through the distribution of a portable, readily
accessible medium (such as a computer disk or other similar
medium) containing such records.
(3) A description and assessment of the mechanisms
required to ensure the privacy of members of the Armed Forces
in providing military records as described in that subsection.
(4) An assessment of the benefits to the members of the
Armed Forces of receiving their military records as described
in that subsection.
(5) If the Secretary determines that providing military
records to members of the Armed Forces as described in that
subsection is feasible and advisable, a plan (including a
schedule) for providing such records to members of the Armed
Forces as so described in order to ensure that each member
of the Armed Forces is provided such records upon discharge
or release from the Armed Forces.
(6) Any other matter relating to the provision of military
records as described in that subsection that the Secretary con-
siders appropriate.
SEC. 585. REPORT ON OMISSION OF SOCIAL SECURITY ACCOUNT NUM-
BERS FROM MILITARY IDENTIFICATION CARDS.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth the assessment of the Secretary
of the feasibility of utilizing military identification cards that do
not contain, display, or exhibit the social security account number
of the individual identified by a military identification card.
(b) MILITARY IDENTIFICATION CARD DEFINED.—In this section,
the term ‘‘military identification card’’ means a card or other form
of identification used for purposes of demonstrating eligibility for
any benefit from the Department of Defense.
SEC. 586. REPORT ON MAINTENANCE AND PROTECTION OF DATA HELD
BY THE SECRETARY OF DEFENSE AS PART OF THE
DEPARTMENT OF DEFENSE JOINT ADVERTISING, MARKET
RESEARCH AND STUDIES (JAMRS) PROGRAM.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives
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a report on how the data, including social security account numbers,
held by the Secretary as part of the Joint Advertising, Market
Research and Studies (JAMRS) program of the Department of
Defense are maintained and protected, including a description of
the security measures in place to prevent unauthorized access or
inadvertent disclosure of such data that could lead to identity
theft.
SEC. 587. COMPTROLLER GENERAL REPORT ON MILITARY CONSCIEN-
TIOUS OBJECTORS.
(a) REPORT REQUIRED.—Not later than September 1, 2007, the
Comptroller General shall submit to Congress a report concerning
members of the Armed Forces who claimed status as a military
conscientious objector between September 11, 2001, and December
31, 2006.
(b) CONTENT OF REPORT.—The report required by subsection
(a) shall specifically address the following:
(1) The number of all applications for status as a military
conscientious objector, broken down by Armed Force, including
the Coast Guard, and regular and reserve components.
(2) Number of discharges or reassignments given.
(3) The process generally used to consider applications,
including average processing times and any provision for
assignment or reassignment of members while their application
is pending.
(4) Reasons for approval or disapproval of applications.
(5) Any difference in benefits upon discharge as a military
conscientious objector compared to other discharges.
(6) Pre-war statistical comparisons.
Subtitle K—Other Matters
SEC. 591. MODIFICATION IN DEPARTMENT OF DEFENSE CONTRIBU-
TIONS TO MILITARY RETIREMENT FUND.
(a) DETERMINATION OF CONTRIBUTIONS TO THE FUND.—
(1) CALCULATION OF ANNUAL DEPARTMENT OF DEFENSE CON-
TRIBUTION.—Subsection (b)(1) of section 1465 of title 10, United
States Code, is amended—
(A) in subparagraph (A)(ii), by striking ‘‘to members
of’’ and all that follows and inserting ‘‘for active duty (other
than the Coast Guard) and for full-time National Guard
duty (other than full-time National Guard duty for training
only), but excluding the amount expected to be paid for
any duty that would be excluded for active-duty end
strength purposes by section 115(i) of this title.’’; and
(B) in subparagraph (B)(ii)—
(i) by striking ‘‘Ready Reserve’’ and inserting
‘‘Selected Reserve’’; and
(ii) by striking ‘‘Coast Guard and other than mem-
bers on full-time National Guard duty other than for
training) who are’’ and inserting ‘‘Coast Guard) for
service’’.
(2) QUADRENNIAL ACTUARIAL VALUATION.—Subsection (c)(1)
of such section is amended—
(A) in subparagraph (A), by striking ‘‘for members of
the armed forces’’ and all that follows through ‘‘for training
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only)’’ and inserting ‘‘for active duty (other than the Coast
Guard) and for full-time National Guard duty (other than
full-time National Guard duty for training only), but
excluding the amount expected to be paid for any duty
that would be excluded for active-duty end strength pur-
poses by section 115(i) of this title’’; and
(B) in subparagraph (B)—
(i) by striking ‘‘Ready Reserve’’ and inserting
‘‘Selected Reserve’’; and
(ii) by striking ‘‘Coast Guard and other than mem-
bers on full-time National Guard duty other than for
training) who are’’ and inserting ‘‘Coast Guard) for
service’’.
(b) PAYMENTS INTO THE FUND.—Section 1466(a) of such title
is amended—
(1) in paragraph (1)(B), by striking ‘‘by members’’ and
all that follows and inserting ‘‘for active duty (other than the
Coast Guard) and for full-time National Guard duty (other
than full-time National Guard duty for training only), but
excluding the amount expected to be paid for any duty that
would be excluded for active-duty end strength purposes by
section 115(i) of this title’’; and
(2) in paragraph (2)(B)—
(A) by striking ‘‘Ready Reserve’’ and inserting ‘‘Selected
Reserve’’; and
(B) by striking ‘‘Coast Guard and other than members
on full-time National Guard duty other than for training)
who are’’ and inserting ‘‘Coast Guard) for service’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2007.
SEC. 592. REVISION IN GOVERNMENT CONTRIBUTIONS TO MEDICARE-
ELIGIBLE RETIREE HEALTH CARE FUND.
(a) MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND.—Section
1111 of title 10, United States Code, is amended—
(1) in subsection (a), by striking ‘‘of the Department of
Defense’’ and inserting ‘‘of the uniformed services’’; and
(2) in subsection (b), by adding at the end the following
new paragraph:
‘‘(5) The term ‘members of the uniformed services on active
duty’ does not include a cadet at the United States Military
Academy, the United States Air Force Academy, or the Coast
Guard Academy or a midshipman at the United States Naval
Academy.’’.
(b) DETERMINATION OF CONTRIBUTIONS TO THE FUND.—Section
1115 of such title is amended—
(1) in subsection (b)—
(A) in paragraph (1)(B), by striking ‘‘on active duty’’
and all that follows through ‘‘training only)’’ and inserting
the following: ‘‘on active duty and full-time National Guard
duty, but excluding any member who would be excluded
for active-duty end strength purposes by section 115(i) of
this title’’; and
(B) in paragraph (2)(B)—
(i) by striking ‘‘Ready Reserve’’ and inserting
‘‘Selected Reserve’’; and
10 USC 1465
note.
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(ii) by striking ‘‘(other than members on full-time
National Guard duty other than for training)’’; and
(2) in subsection (c)—
(A) in paragraph (1)(A), by striking ‘‘on active duty’’
and all that follows through ‘‘training only)’’ and inserting
the following: ‘‘on active duty and full-time National Guard
duty, but excluding any member who would be excluded
for active-duty end strength purposes by section 115(i) of
this title’’; and
(B) in paragraph (1)(B)—
(i) by striking ‘‘Ready Reserve’’ and inserting
‘‘Selected Reserve’’; and
(ii) by striking ‘‘(other than members on full-time
National Guard duty other than for training)’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect with respect to payments under chapter 56 of
title 10, United States Code, beginning with fiscal year 2008.
SEC. 593. DENTAL CORPS OF THE NAVY BUREAU OF MEDICINE AND
SURGERY.
(a) DELETION OF REFERENCES TO DENTAL DIVISION.—Section
5138 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by striking the first sentence; and
(B) by striking ‘‘the Dental Division’’ and inserting
‘‘the Dental Corps’’;
(2) in subsection (b), by striking ‘‘Dental Division’’ and
inserting ‘‘Dental Corps’’; and
(3) in subsection (c)—
(A) by striking ‘‘Dental Division’’ at the end of the
first sentence and inserting ‘‘Dental Corps’’; and
(B) by striking ‘‘that Division’’ at the end of the second
sentence and inserting ‘‘the Chief of the Dental Corps’’.
(b) FUNCTIONS OF CHIEF OF DENTAL CORPS.—Subsection (d)
of such section is amended to read as follows:
‘‘(d) The Chief of the Dental Corps shall—
‘‘(1) establish professional standards and policies for dental
practice;
‘‘(2) initiate and recommend action pertaining to com-
plements, strength, appointments, advancement, training
assignment, and transfer of dental personnel; and
‘‘(3) serve as the advisor for the Bureau on all matters
relating directly to dentistry.’’.
(c) FURTHER CLARIFYING AMENDMENTS.—Subsection (c) of such
section is further amended—
(1) by striking ‘‘so’’ after ‘‘shall be’’; and
(2) by striking ‘‘that all such functions will be’’ and inserting
‘‘so that all such functions are’’.
(d) CLERICAL AMENDMENTS.—
(1) The heading of such section is amended to read as
follows:
10 USC 1111
note.
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‘‘§ 5138. Bureau of Medicine and Surgery: Dental Corps;
Chief; functions’’.
(2) The item relating to such section in the table of sections
at the beginning of chapter 513 of such title is amended to
read as follows:
‘‘5138. Bureau of Medicine and Surgery: Dental Corps; Chief; functions.’’.
SEC. 594. PERMANENT AUTHORITY FOR PRESENTATION OF RECOGNI-
TION ITEMS FOR RECRUITMENT AND RETENTION PUR-
POSES.
Section 2261 of title 10, United States Code, is amended by
striking subsection (d).
SEC. 595. PERSONS AUTHORIZED TO ADMINISTER ENLISTMENT AND
APPOINTMENT OATHS.
(a) ENLISTMENT OATH.—Section 502 of title 10, United States
Code, is amended—
(1) by inserting ‘‘(a) ENLISTMENT OATH.—’’ before ‘‘Each
person enlisting’’;
(2) by striking the last sentence; and
(3) by adding at the end the following new subsection:
‘‘(b) WHO MAY ADMINISTER.—The oath may be taken before
the President, the Vice-President, the Secretary of Defense, any
commissioned officer, or any other person designated under regula-
tions prescribed by the Secretary of Defense.’’.
(b) OATHS GENERALLY.—Section 1031 of such title is amended
by striking ‘‘Any commissioned officer of any component of an
armed force, whether or not on active duty, may administer any
oath’’ and inserting ‘‘The President, the Vice-President, the Sec-
retary of Defense, any commissioned officer, and any other person
designated under regulations prescribed by the Secretary of Defense
may administer any oath’’.
SEC. 596. MILITARY VOTING MATTERS.
(a) REPEAL OF REQUIREMENT FOR PERIODIC INSPECTOR GENERAL
INSTALLATION VISITS FOR ASSESSMENT OF VOTING ASSISTANCE PRO-
GRAM COMPLIANCE.—Section 1566 of title 10, United States Code,
is amended by striking subsection (d).
(b) USE OF ELECTRONIC VOTING TECHNOLOGY.—
(1) 
CONTINUATION
OF
INTERIM
VOTING
ASSISTANCE
SYSTEM.—The Secretary of Defense shall continue the Interim
Voting Assistance System (IVAS) ballot request program with
respect to all absent uniformed services voters (as defined under
section 107(1) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff–6(1))) and overseas employees
of the Department of Defense for the general election and
all elections through December 31, 2006.
(2) REPORTS.—
(A) IN GENERAL.—Not later than 30 days after the
date of the regularly scheduled general election for Federal
office for November 2006, the Secretary of Defense shall
submit to the Congress a report setting forth—
(i) an assessment of the success of the implementa-
tion of the Interim Voting Assistance System ballot
request program carried out under paragraph (1);
Regulations.
Regulations.
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(ii) recommendations for continuation of the
Interim Voting Assistance System and for improve-
ments to that system; and
(iii) an assessment of available technologies and
other means of achieving enhanced use of electronic
and Internet-based capabilities under the Interim
Voting Assistance System.
(B) FUTURE ELECTIONS.—Not later than May 15, 2007,
the Secretary of Defense shall submit to the Congress
a report setting forth in detail plans for expanding the
use of electronic voting technology for individuals covered
under the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.) for elections through
November 30, 2010.
(c) COMPTROLLER GENERAL REPORT.—Not later than March
1, 2007, the Comptroller General of the United States shall submit
to Congress a report containing the assessment of the Comptroller
General with respect to the following:
(1) The programs and activities undertaken by the Depart-
ment of Defense to facilitate voter registration, transmittal
of ballots to absentee voters, and voting utilizing electronic
means of communication (such as electronic mail and fax trans-
mission) for military and civilian personnel covered by the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff et seq.).
(2) The progress of the Department of Defense and the
Election Assistance Commission in developing a secure,
deployable system for Internet-based electronic voting pursuant
to the amendment made by section 567 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108–375; 118 Stat. 1919).
(d) REPEAL OF EXPIRED PROVISION.—Section 1566(g)(2) of title
10, United States Code, is amended by striking the last sentence.
SEC. 597. PHYSICAL EVALUATION BOARDS.
(a) IN GENERAL.—
(1) PROCEDURAL REQUIREMENTS.—Chapter 61 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 1222. Physical evaluation boards
‘‘(a) RESPONSE TO APPLICATIONS AND APPEALS.—The Secretary
of each military department shall ensure, in the case of any member
of the armed forces appearing before a physical evaluation board
under that Secretary’s supervision, that documents announcing a
decision of the board in the case convey the findings and conclusions
of the board in an orderly and itemized fashion with specific atten-
tion to each issue presented by the member in regard to that
member’s case. The requirement under the preceding sentence
applies to a case both during initial consideration and upon subse-
quent consideration due to appeal by the member or other cir-
cumstance.
‘‘(b) LIAISON OFFICER (PEBLO) REQUIREMENTS AND TRAINING.—
(1) The Secretary of Defense shall prescribe regulations estab-
lishing—
‘‘(A) a requirement for the Secretary of each military
department to make available to members of the armed forces
Regulations.
Applicability.
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appearing before physical evaluation boards operated by that
Secretary employees, designated as physical evaluation board
liaison officers, to provide advice, counsel, and general informa-
tion to such members on the operation of physical evaluation
boards operated by that Secretary; and
‘‘(B) standards and guidelines concerning the training of
such physical evaluation board liaison officers.
‘‘(2) The Secretary shall ensure compliance by the Secretary
of each military department with physical evaluation board liaison
officer requirements and training standards and guidelines at least
once every three years.
‘‘(c) STANDARDIZED STAFF TRAINING AND OPERATIONS.—(1) The
Secretary of Defense shall prescribe regulations on standards and
guidelines concerning the physical evaluation board operated by
each of the Secretaries of the military departments with regard
to—
‘‘(A) assignment and training of staff;
‘‘(B) operating procedures; and
‘‘(C) timeliness of board decisions.
‘‘(2) The Secretary shall ensure compliance with standards and
guidelines prescribed under paragraph (1) by each physical evalua-
tion board at least once every three years.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘1222. Physical evaluation boards.’’.
(b) EFFECTIVE DATE.—Section 1222 of title 10, United States
Code, as added by subsection (a), shall apply with respect to
decisions rendered on cases commenced more than 120 days after
the date of the enactment of this Act.
SEC. 598. MILITARY ID CARDS FOR RETIREE DEPENDENTS WHO ARE
PERMANENTLY DISABLED.
(a) IN GENERAL.—Subsection (a) of section 1060b of title 10,
United States Code, is amended to read as follows:
‘‘(a) ISSUANCE OF PERMANENT ID CARD.—(1) In issuing military
ID cards to retiree dependents, the Secretary concerned shall issue
a permanent ID card (not subject to renewal) to any such retiree
dependent as follows:
‘‘(A) A retiree dependent who has attained 75 years of
age.
‘‘(B) A retiree dependent who is permanently disabled.
‘‘(2) A permanent ID card shall be issued to a retiree dependent
under paragraph (1)(A) upon the expiration, after the retiree
dependent attains 75 years of age, of any earlier, renewable military
card or, if earlier, upon the request of the retiree dependent after
attaining age 75.’’.
(b) CONFORMING AND CLERICAL AMENDMENTS.—
(1) HEADING AMENDMENT.—The heading of such section
is amended to read as follows:
‘‘§ 1060b. Military ID cards: dependents and survivors of
retirees’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 53 of such title is amended by striking
10 USC 1222
note.
Regulations.
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the item relating to section 1060b and inserting the following
new item:
‘‘1060b. Military ID cards: dependents and survivors of retirees.’’.
SEC. 599. UNITED STATES MARINE BAND AND UNITED STATES MARINE
DRUM AND BUGLE CORPS.
(a) IN GENERAL.—Section 6222 of title 10, United States Code,
is amended to read as follows:
‘‘§ 6222. United States Marine Band; United States Marine
Drum and Bugle Corps: composition; appoint-
ment and promotion of members
‘‘(a) UNITED STATES MARINE BAND.—The band of the Marine
Corps shall be composed of one director, two assistant directors,
and other personnel in such numbers and grades as the Secretary
of the Navy determines to be necessary.
‘‘(b) UNITED STATES MARINE DRUM AND BUGLE CORPS.—The
drum and bugle corps of the Marine Corps shall be composed
of one commanding officer and other personnel in such numbers
and grades as the Secretary of the Navy determines to be necessary.
‘‘(c) APPOINTMENT AND PROMOTION.—(1) The Secretary of the
Navy shall prescribe regulations for the appointment and promotion
of members of the Marine Band and members of the Marine Drum
and Bugle Corps.
‘‘(2) The President may from time to time appoint members
of the Marine Band and members of the Marine Drum and Bugle
Corps to grades not above the grade of captain. The authority
of the President to make appointments under this paragraph may
be delegated only to the Secretary of Defense.
‘‘(3) The President, by and with the advice and consent of
the Senate, may from time to time appoint any member of the
Marine Band or of the Marine Drum and Bugle Corps to a grade
above the grade of captain.
‘‘(d) RETIREMENT.—Unless otherwise entitled to higher retired
grade and retired pay, a member of the Marine Band or Marine
Drum and Bugle Corps who holds, or has held, an appointment
under this section is entitled, when retired, to be retired in, and
with retired pay based on, the highest grade held under this section
in which the Secretary of the Navy determines that such member
served satisfactorily.
‘‘(e) REVOCATION OF APPOINTMENT.—The Secretary of the Navy
may revoke any appointment of a member of the Marine Band
or Marine Drum and Bugle Corps. When a member’s appointment
to a commissioned grade terminates under this subsection, such
member is entitled, at the option of such member—
‘‘(1) to be discharged from the Marine Corps; or
‘‘(2) to revert to the grade and status such member held
at the time of appointment under this section.’’.
Regulations.
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(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 565 of such title is amended by striking the item
relating to section 6222 and inserting the following new item:
‘‘6222. United States Marine Band; United States Marine Drum and Bugle Corps:
composition; appointment and promotion of members.’’.
TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Fiscal year 2007 increase in military basic pay and reform of basic pay
rates.
Sec. 602. Increase in maximum rate of basic pay for general and flag officer grades
to conform to increase in pay cap for Senior Executive Service personnel.
Sec. 603. One-year extension of prohibition against requiring certain injured mem-
bers to pay for meals provided by military treatment facilities.
Sec. 604. Availability of second basic allowance for housing for certain reserve com-
ponent or retired members serving in support of contingency operations.
Sec. 605. Extension of temporary continuation of housing allowance for dependents
of members dying on active duty to spouses who are also members.
Sec. 606. Payment of full premium for coverage under Servicemembers’ Group Life
Insurance program during service in Operation Enduring Freedom or
Operation Iraqi Freedom.
Sec. 607. Clarification of effective date of prohibition on compensation for cor-
respondence courses.
Sec. 608. Extension of pilot program on contributions to Thrift Savings Plan for ini-
tial enlistees in the Army.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for health care pro-
fessionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear officers.
Sec. 614. Extension of authorities relating to payment of other bonuses and special
pays.
Sec. 615. Expansion of eligibility of dental officers for additional special pay.
Sec. 616. Increase in maximum annual rate of special pay for Selected Reserve
health care professionals in critically short wartime specialties.
Sec. 617. Expansion and enhancement of accession bonus authorities for certain of-
ficers in health care specialities.
Sec. 618. Authority to provide lump sum payment of nuclear officer incentive pay.
Sec. 619. Increase in maximum amount of nuclear career accession bonus.
Sec. 620. Increase in maximum amount of incentive bonus for transfer between
Armed Forces.
Sec. 621. Additional authorities and incentives to encourage retired members and
reserve component members to volunteer to serve on active duty in
high-demand, low-density assignments.
Sec. 622. Accession bonus for members of the Armed Forces appointed as commis-
sioned officers after completing officer candidate school.
Sec. 623. Modification of certain authorities applicable to the targeted shaping of
the Armed Forces.
Sec. 624. Enhancement of bonus to encourage certain persons to refer other persons
for enlistment in the Army.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for transportation of family mem-
bers incident to illness or injury of members.
Subtitle D—Retired Pay and Survivor Benefits
Sec. 641. Retired pay of general and flag officers to be based on rates of basic pay
provided by law.
Sec. 642. Inapplicability of retired pay multiplier maximum percentage to certain
service of members of the Armed Forces in excess of 30 years.
Sec. 643. Military Survivor Benefit Plan beneficiaries under insurable interest cov-
erage.
Sec. 644. Modification of eligibility for commencement of authority for optional an-
nuities for dependents under the Survivor Benefit Plan.
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Sec. 645. Study of training costs, manning, operations tempo, and other factors that
affect retention of members of the Armed Forces with special operations
designations.
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 661. Treatment of price surcharges of certain merchandise sold at commissary
stores.
Sec. 662. Limitations on lease of non-excess Department of Defense property for
protection of morale, welfare, and recreation activities and revenue.
Sec. 663. Report on cost effectiveness of purchasing commercial insurance for com-
missary and exchange facilities and facilities of other morale, welfare,
and recreation programs and nonappropriated fund instrumentalities.
Sec. 664. Study and report regarding access of disabled persons to morale, welfare,
and recreation facilities and activities.
Subtitle F—Other Matters
Sec. 670. Limitations on terms of consumer credit extended to servicemembers and
dependents.
Sec. 671. Enhancement of authority to waive claims for overpayment of pay and al-
lowances and travel and transportation allowances.
Sec. 672. Exception for notice to consumer reporting agencies regarding debts or er-
roneous payments pending a decision to waive, remit, or cancel.
Sec. 673. Expansion and enhancement of authority to remit or cancel indebtedness
of members and former members of the Armed Forces incurred on active
duty.
Sec. 674. Phased recovery of overpayments of pay made to members of the uni-
formed services.
Sec. 675. Joint family support assistance program.
Sec. 676. Special working group on transition to civilian employment of National
Guard and Reserve members returning from deployment in Operation
Iraqi Freedom or Operation Enduring Freedom.
Sec. 677. Audit of pay accounts of members of the Army evacuated from a combat
zone for inpatient care.
Sec. 678. Report on eligibility and provision of assignment incentive pay.
Sec. 679. Sense of Congress calling for payment to World War II veterans who sur-
vived Bataan Death March.
Subtitle A—Pay and Allowances
SEC. 601. FISCAL YEAR 2007 INCREASE IN MILITARY BASIC PAY AND
REFORM OF BASIC PAY RATES.
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment
to become effective during fiscal year 2007 required by section
1009 of title 37, United States Code, in the rates of monthly basic
pay authorized members of the uniformed services shall not be
made.
(b) JANUARY 1, 2007, INCREASE IN BASIC PAY.—Effective on
January 1, 2007, the rates of monthly basic pay for members
of the uniformed services are increased by 2.2 percent.
(c) REFORM OF BASIC PAY RATES.—Effective on April 1, 2007,
the rates of monthly basic pay for members of the uniformed serv-
ices within each pay grade (and with years of service computed
under section 205 of title 37, United States Code) are as follows:
COMMISSIONED OFFICERS1
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
O–8
8,453.10
8,729.70
8,913.60
8,964.90
9,194.10
O–7
7,023.90
7,350.00
7,501.20
7,621.20
7,838.40
O–6
5,206.20
5,719.20
6,094.50
6,094.50
6,117.60
O–5
4,339.80
4,888.80
5,227.50
5,291.10
5,502.00
O–4
3,744.60
4,334.70
4,623.90
4,688.40
4,956.90
O–3 3
3,292.20
3,732.30
4,028.40
4,392.00
4,602.00
Effective dates.
37 USC 1009
note.
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COMMISSIONED OFFICERS1—Continued
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
O–2 3
2,844.30
3,239.70
3,731.40
3,857.40
3,936.60
O–1 3
2,469.30
2,569.80
3,106.50
3,106.50
3,106.50
Over 8
Over 10
Over 12
Over 14
Over 16
O–8
9,577.20
9,666.30
10,030.20
10,134.30
10,447.80
O–7
8,052.90
8,301.30
8,548.80
8,797.20
9,577.20
O–6
6,380.10
6,414.60
6,414.60
6,779.10
7,423.80
O–5
5,628.60
5,906.40
6,110.10
6,373.20
6,776.40
O–4
5,244.60
5,602.80
5,882.40
6,076.20
6,187.50
O–3 3
4,833.00
4,982.70
5,228.40
5,355.90
5,355.90
O–2 3
3,936.60
3,936.60
3,936.60
3,936.60
3,936.60
O–1 3
3,106.50
3,106.50
3,106.50
3,106.50
3,106.50
Over 18
Over 20
Over 22
Over 24
Over 26
O–10 2
$0.00
$13,659.00
$13,725.90
$14,011.20
$14,508.60
O–9
0.00
11,946.60
12,118.50
12,367.20
12,801.30
O–8
10,900.80
11,319.00
11,598.30
11,598.30
11,598.30
O–7
10,236.00
10,236.00
10,236.00
10,236.00
10,287.90
O–6
7,802.10
8,180.10
8,395.20
8,613.00
9,035.70
O–5
6,968.10
7,158.00
7,373.10
7,373.10
7,373.10
O–4
6,252.30
6,252.30
6,252.30
6,252.30
6,252.30
O–3 3
5,355.90
5,355.90
5,355.90
5,355.90
5,355.90
O–2 3
3,936.60
3,936.60
3,936.60
3,936.60
3,936.60
O–1 3
3,106.50
3,106.50
3,106.50
3,106.50
3,106.50
Over 28
Over 30
Over 32
Over 34
Over 36
O–10 2
$14,508.60
$15,234.00
$15,234.00
$15,995.70
$15,995.70
O–9
12,801.30
13,441.50
13,441.50
14,113.50
14,113.50
O–8
11,598.30
11,888.40
11,888.40
12,185.70
12,185.70
O–7
10,287.90
10,493.70
10,493.70
10,493.70
10,493.70
O–6
9,035.70
9,216.30
9,216.30
9,216.30
9,216.30
O–5
7,373.10
7,373.10
7,373.10
7,373.10
7,373.10
O–4
6,252.30
6,252.30
6,252.30
6,252.30
6,252.30
O–3 3
5,355.90
5,355.90
5,355.90
5,355.90
5,355.90
O–2 3
3,936.60
3,936.60
3,936.60
3,936.60
3,936.60
O–1 3
3,106.50
3,106.50
3,106.50
3,106.50
3,106.50
Over 38
Over 40
O–10 2
$16,795.50
$16,795.50
O–9
14,819.10
14,819.10
O–8
12,185.70
12,185.70
O–7
10,493.70
10,493.70
O–6
9,216.30
9,216.30
O–5
7,373.10
7,373.10
O–4
6,252.30
6,252.30
O–3 3
5,355.90
5,355.90
O–2 3
3,936.60
3,936.60
O–1 3
3,106.50
3,106.50
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for
commissioned oficers in pay grades 0–7 through 0–10 may not exceed the rate of pay for level
II of the Executive Schedule and the actual rate of basic pay for all other officers may not ex-
ceed the rate of pay for level V of the Executive Schedule.
2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air
Force, Commandant of the Marine Corps, Commandant of the Coast Guard, or commander of a
unified or specified combatant command (as defined in section 161(c) of title 10, United States
Code), basic pay for this grade is $17,972.10, regardless of cumulative years of service com-
puted under section 205 of title 37, United States Code.
3 This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who
have been credited with over 4 years of active duty service as an enlisted member or warrant
officer.
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PUBLIC LAW 109–364—OCT. 17, 2006
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF AC-
TIVE DUTY SERVICE AS AN ENLISTED MEMBER OR
WARRANT OFFICER
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
O–3E
$0.00
$0.00
$0.00
$4,392.00
$4,602.00
O–2E
0.00
0.00
0.00
3,857.40
3,936.60
O–1E
0.00
0.00
0.00
3,106.50
3,317.70
Over 8
Over 10
Over 12
Over 14
Over 16
O–3E
$4,833.00
$4,982.70
$5,228.40
$5,435.40
$5,554.20
O–2E
4,062.00
4,273.50
4,437.00
4,558.80
4,558.80
O–1E
3,440.10
3,565.50
3,688.80
3,857.40
3,857.40
Over 18
Over 20
Over 22
Over 24
Over 26
O–3E
$5,715.90
$5,715.90
$5,715.90
$5,715.90
$5,715.90
O–2E
4,558.80
4,558.80
4,558.80
4,558.80
4,558.80
O–1E
3,857.40
3,857.40
3,857.40
3,857.40
3,857.40
Over 28
Over 30
Over 32
Over 34
Over 36
O–3E
$5,715.90
$5,715.90
$5,715.90
$5,715.90
$5,715.90
O–2E
4,558.80
4,558.80
4,558.80
4,558.80
4,558.80
O–1E
3,857.40
3,857.40
3,857.40
3,857.40
3,857.40
Over 38
Over 40
O–3E
$5,715.90
$5,715.90
O–2E
4,558.80
4,558.80
O–1E
3,857.40
3,857.40
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PUBLIC LAW 109–364—OCT. 17, 2006
WARRANT OFFICERS 1
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
W–5
$0.00
$0.00
$0.00
$0.00
$0.00
W–4
3,402.00
3,660.00
3,765.00
3,868.50
4,046.40
W–3
3,106.80
3,236.40
3,369.00
3,412.80
3,552.00
W–2
2,749.20
3,009.30
3,089.40
3,144.60
3,322.80
W–1
2,413.20
2,672.40
2,742.90
2,890.50
3,065.10
Over 8
Over 10
Over 12
Over 14
Over 16
W–5
$0.00
$0.00
$0.00
$0.00
$0.00
W–4
4,222.20
4,400.70
4,669.20
4,904.40
5,128.20
W–3
3,825.90
4,110.90
4,245.30
4,400.40
4,560.30
W–2
3,600.00
3,737.10
3,872.40
4,037.70
4,166.70
W–1
3,322.20
3,442.20
3,610.20
3,775.50
3,905.10
Over 18
Over 20
Over 22
Over 24
Over 26
W–5
$0.00
$6,049.50
$6,356.40
$6,585.00
$6,838.20
W–4
5,310.90
5,489.70
5,752.20
5,967.60
6,213.60
W–3
4,847.70
5,042.40
5,158.50
5,282.10
5,450.10
W–2
4,284.00
4,423.80
4,515.90
4,589.40
4,589.40
W–1
4,024.50
4,170.00
4,170.00
4,170.00
4,170.00
Over 28
Over 30
Over 32
Over 34
Over 36
W–5
$6,838.20
$7,180.20
$7,180.20
$7,539.30
$7,539.30
W–4
6,213.60
6,337.80
6,337.80
6,337.80
6,337.80
W–3
5,450.10
5,450.10
5,450.10
5,450.10
5,450.10
W–2
4,589.40
4,589.40
4,589.40
4,589.40
4,589.40
W–1
4,170.00
4,170.00
4,170.00
4,170.00
4,170.00
Over 38
Over 40
W–5
$7,916.40
$7,916.40
W–4
6,337.80
6,337.80
W–3
5,450.10
5,450.10
W–2
4,589.40
4,589.40
W–1
4,170.00
4,170.00
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for
warrant officers may not exceed the rate of pay for level V of the Executive Schedule.
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PUBLIC LAW 109–364—OCT. 17, 2006
ENLISTED MEMBERS 1
Pay
Grade
2 or less
Over 2
Over 3
Over 4
Over 6
E–9 2
$0.00
$0.00
$0.00
$0.00
$0.00
E–8
0.00
0.00
0.00
0.00
0.00
E–7
2,339.10
2,553.00
2,650.80
2,780.70
2,881.50
E–6
2,023.20
2,226.00
2,324.40
2,419.80
2,519.40
E–5
1,854.00
1,977.90
2,073.30
2,171.40
2,323.80
E–4
1,699.50
1,786.50
1,883.10
1,978.50
2,062.80
E–3
1,534.20
1,630.80
1,729.20
1,729.20
1,729.20
E–2
1,458.90
1,458.90
1,458.90
1,458.90
1,458.90
E–1 3
1,301.40
1,301.40
1,301.40
1,301.40
1,301.40
Over 8
Over 10
Over 12
Over 14
Over 16
E–9 2
$0.00
$4,110.60
$4,203.90
$4,321.20
$4,459.50
E–8
3,364.80
3,513.90
3,606.00
3,716.40
3,835.80
E–7
3,055.20
3,152.70
3,326.70
3,471.00
3,569.70
E–6
2,744.10
2,831.40
3,000.00
3,051.90
3,089.70
E–5
2,483.70
2,613.90
2,630.10
2,630.10
2,630.10
E–4
2,062.80
2,062.80
2,062.80
2,062.80
2,062.80
E–3
1,729.20
1,729.20
1,729.20
1,729.20
1,729.20
E–2
1,458.90
1,458.90
1,458.90
1,458.90
1,458.90
E–1 3
1,301.40
1,301.40
1,301.40
1,301.40
1,301.40
Over 18
Over 20
Over 22
Over 24
Over 26
E–9 2
$4,598.40
$4,821.60
$5,010.30
$5,209.20
$5,512.80
E–8
4,051.80
4,161.30
4,347.30
4,450.50
4,704.90
E–7
3,674.40
3,715.50
3,852.00
3,925.20
4,204.20
E–6
3,133.50
3,133.50
3,133.50
3,133.50
3,133.50
E–5
2,630.10
2,630.10
2,630.10
2,630.10
2,630.10
E–4
2,062.80
2,062.80
2,062.80
2,062.80
2,062.80
E–3
1,729.20
1,729.20
1,729.20
1,729.20
1,729.20
E–2
1,458.90
1,458.90
1,458.90
1,458.90
1,458.90
E–1 3
1,301.40
1,301.40
1,301.40
1,301.40
1,301.40
Over 28
Over 30
Over 32
Over 34
Over 36
E–9 2
$5,512.80
$5,788.50
$5,788.50
$6,078.00
$6,078.00
E–8
4,704.90
4,799.10
4,799.10
4,799.10
4,799.10
E–7
4,204.20
4,204.20
4,204.20
4,204.20
4,204.20
E–6
3,133.50
3,133.50
3,133.50
3,133.50
3,133.50
E–5
2,630.10
2,630.10
2,630.10
2,630.10
2,630.10
E–4
2,062.80
2,062.80
2,062.80
2,062.80
2,062.80
E–3
1,729.20
1,729.20
1,729.20
1,729.20
1,729.20
E–2
1,458.90
1,458.90
1,458.90
1,458.90
1,458.90
E–1
1,301.40
1,301.40
1,301.40
1,301.40
1,301.40
Over 38
Over 40
E–9 2
$6,381.90
$6,381.90
E–8
4,799.10
4,799.10
E–7
4,204.20
4,204.20
E–6
3,133.50
3,133.50
E–5
2,630.10
2,630.10
E–4
2,062.80
2,062.80
E–3
1,729.20
1,729.20
E–2
1,458.90
1,458.90
E–1
1,301.40
1,301.40
1 Notwithstanding the pay rates specified in this table, the actual basic pay for enlisted
members may not exceed the rate of pay for level V of the Executive Schedule.
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2 Subject to the preceding footnote, the rate of basic pay for an enlisted member in this
grade while serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy,
Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, Master Chief
Petty Officer of the Coast Guard, or Senior Enlisted Advisor to the Chairman of the Joint
Chiefs of Staff is $6,642.60, regardless of cumulative years of service computed under section
205 of title 37, United States Code.
3 In the case of members in pay grade E–1 who have served less than 4 months on active
duty, the rate of basic pay is $1,203.90.
SEC. 602. INCREASE IN MAXIMUM RATE OF BASIC PAY FOR GENERAL
AND FLAG OFFICER GRADES TO CONFORM TO INCREASE
IN PAY CAP FOR SENIOR EXECUTIVE SERVICE PERSONNEL.
(a) INCREASE.—Section 203(a)(2) of title 37, United States Code,
is amended by striking ‘‘level III of the Executive Schedule’’ and
inserting ‘‘level II of the Executive Schedule’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on January 1, 2007, and shall apply with respect
to months beginning on or after that date.
SEC. 603. ONE-YEAR EXTENSION OF PROHIBITION AGAINST REQUIRING
CERTAIN INJURED MEMBERS TO PAY FOR MEALS PRO-
VIDED BY MILITARY TREATMENT FACILITIES.
(a) EXTENSION.—Section 402(h)(3) of title 37, United States
Code, is amended by striking ‘‘December 31, 2006’’ and inserting
‘‘December 31, 2007’’.
(b) REPORT
ON ADMINISTRATION
OF PROHIBITION.—Not later
than February 1, 2007, the Secretary of Defense shall submit to
the congressional defense committees a report on the administration
of section 402(h) of title 37, United States Code. The report shall
include—
(1) a description and assessment of the mechanisms used
by the military departments to implement the prohibition con-
tained in such section; and
(2) such recommendations as the Secretary considers appro-
priate regarding making such prohibition permanent.
SEC. 604. AVAILABILITY OF SECOND BASIC ALLOWANCE FOR HOUSING
FOR CERTAIN RESERVE COMPONENT OR RETIRED MEM-
BERS SERVING IN SUPPORT OF CONTINGENCY OPER-
ATIONS.
(a) AVAILABILITY.—Section 403(g) of title 37, United States
Code, is amended—
(1) by redesignating paragraphs (2), (3), and (4) as para-
graphs (3), (4), and (5), respectively;
(2) by inserting after paragraph (1) the following new para-
graph (2):
‘‘(2) The Secretary concerned may provide a basic allowance
for housing to a member described in paragraph (1) at a monthly
rate equal to the rate of the basic allowance for housing established
under subsection (b) or the overseas basic allowance for housing
established under subsection (c), whichever applies to the location
at which the member is serving, for members in the same grade
at that location without dependents. The member may receive both
a basic allowance for housing under paragraph (1) and under this
paragraph for the same month, but may not receive the portion
of the allowance authorized under section 404 of this title, if any,
for lodging expenses if a basic allowance for housing is provided
under this paragraph.’’; and
(3) in paragraph (3), as so redesignated, by striking ‘‘Para-
graph (1)’’ and inserting ‘‘Paragraphs (1) and (2)’’.
37 USC 203 note.
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PUBLIC LAW 109–364—OCT. 17, 2006
(b) EFFECTIVE DATE.—Paragraph (2) of section 403(g) of title
37, United States Code, as added by subsection (a), shall apply
with respect to months beginning on or after October 1, 2006.
SEC. 605. EXTENSION OF TEMPORARY CONTINUATION OF HOUSING
ALLOWANCE FOR DEPENDENTS OF MEMBERS DYING ON
ACTIVE DUTY TO SPOUSES WHO ARE ALSO MEMBERS.
(a) EXTENSION.—Section 403(l) of title 37, United States Code,
is amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new para-
graph:
‘‘(3) An allowance may be paid under paragraph (2) to the
spouse of the deceased member even though the spouse is also
a member of the uniformed services. The allowance paid under
such paragraph is in addition to any other pay and allowances
to which the spouse is entitled as a member.’’.
(b) EFFECTIVE DATE.—
(1) GENERAL RULE.—The amendments made by subsection
(a) shall take effect on October 1, 2006.
(2) TRANSITIONAL RULE.—After October 1, 2006, the Sec-
retary of Defense, and the Secretary of Homeland Security
in the case of the Coast Guard, may pay the allowance author-
ized by section 403(l)(2) of title 37, United States Code, to
a member of the uniformed services who is the spouse of
a member who died on active duty during the one-year period
ending on that date, except that the payment of the allowance
must terminate within 365 days after the date of the member’s
death.
SEC. 606. PAYMENT OF FULL PREMIUM FOR COVERAGE UNDER
SERVICEMEMBERS’ GROUP LIFE INSURANCE PROGRAM
DURING SERVICE IN OPERATION ENDURING FREEDOM OR
OPERATION IRAQI FREEDOM.
(a) ENHANCED ALLOWANCE TO COVER SGLI DEDUCTIONS.—Sub-
section (a)(1) of section 437 of title 37, United States Code, is
amended by striking ‘‘for the first $150,000’’ and all that follows
through ‘‘of such title’’ and inserting ‘‘for the amount of
Servicemembers’ Group Life Insurance coverage held by the member
under section 1967 of such title’’.
(b) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) in subsection (a)—
(A) by striking ‘‘(1)’’ before ‘‘in the case of’’; and
(B) by striking paragraph (2);
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b) and
in paragraph (2) of that subsection by striking ‘‘coverage
amount specified in subsection (a)(1) or in effect pursuant to
subsection (b),’’ and inserting ‘‘maximum coverage amount
available for such insurance,’’.
(c) CLERICAL AMENDMENTS.—The heading for such section, and
the item relating to such section in the table of sections at the
beginning of chapter 7 of such title, are each amended by striking
the fourth and fifth words.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the first day of the first month beginning
on or after the date of the enactment of this Act and shall apply
37 USC 403 note.
37 USC 403 note.
37 USC 403 note.
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with respect to service by members of the Armed Forces in the
theater of operations for Operation Enduring Freedom or Operation
Iraqi Freedom for months beginning on or after that date.
SEC. 607. CLARIFICATION OF EFFECTIVE DATE OF PROHIBITION ON
COMPENSATION FOR CORRESPONDENCE COURSES.
Section 206(d) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3) The prohibition in paragraph (1), including the prohibition
as it relates to a member of the National Guard while not in
Federal service, applies to—
‘‘(A) any work or study performed on or after September
7, 1962, unless that work or study is specifically covered by
the exception in paragraph (2); and
‘‘(B) any claim based on that work or study arising after
that date.’’.
SEC. 608. EXTENSION OF PILOT PROGRAM ON CONTRIBUTIONS TO
THRIFT SAVINGS PLAN FOR INITIAL ENLISTEES IN THE
ARMY.
(a) EXTENSION.—Subsection (a) of section 606 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109–
163; 119 Stat. 3287; 37 U.S.C. 211 note) is amended by striking
‘‘During fiscal year 2006’’ and inserting ‘‘During the period begin-
ning on January 6, 2006, and ending on December 31, 2008’’.
(b) REPORT DATE.—Subsection (d)(1) of such section is amended
by striking ‘‘February 1, 2007’’ and inserting ‘‘February 1, 2008’’.
Subtitle B—Bonuses and Special and
Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORI-
TIES FOR RESERVE FORCES.
(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(g)
of title 37, United States Code, is amended by striking ‘‘December
31, 2006’’ and inserting ‘‘December 31, 2007’’.
(b) SELECTED RESERVE AFFILIATION OR ENLISTMENT BONUS.—
Section 308c(i) of such title is amended by striking ‘‘December
31, 2006’’ and inserting ‘‘December 31, 2007’’.
(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN
HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended
by striking ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’.
(d) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT
PRIOR SERVICE.—Section 308g(f)(2) of such title is amended by
striking ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’.
(e) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS
FOR PERSONS WITH PRIOR SERVICE.—Section 308h(e) of such title
is amended by striking ‘‘December 31, 2006’’ and inserting
‘‘December 31, 2007’’.
(f) SELECTED RESERVE ENLISTMENT BONUS FOR PERSONS WITH
PRIOR SERVICE.—Section 308i(f) of such title is amended by striking
‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’.
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SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORI-
TIES FOR HEALTH CARE PROFESSIONALS.
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section
2130a(a)(1) of title 10, United States Code, is amended by striking
‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’.
(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section
16302(d) of such title is amended by striking ‘‘January 1, 2007’’
and inserting ‘‘January 1, 2008’’.
(c) ACCESSION
BONUS
FOR
REGISTERED
NURSES.—Section
302d(a)(1) of title 37, United States Code, is amended by striking
‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’.
(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section
302e(a)(1) of such title is amended by striking ‘‘December 31, 2006’’
and inserting ‘‘December 31, 2007’’.
(e) SPECIAL PAY
FOR SELECTED RESERVE HEALTH PROFES-
SIONALS
IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section
302g(e) of such title is amended by striking ‘‘December 31, 2006’’
and inserting ‘‘December 31, 2007’’.
(f) 
ACCESSION
BONUS
FOR
DENTAL
OFFICERS.—Section
302h(a)(1) of such title is amended by striking ‘‘December 31, 2006’’
and inserting ‘‘December 31, 2007’’.
(g) ACCESSION
BONUS
FOR
PHARMACY
OFFICERS.—Section
302j(a) of such title is amended by striking ‘‘December 31, 2006’’
and inserting ‘‘December 31, 2007’’.
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR
NUCLEAR OFFICERS.
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING
PERIOD
OF ACTIVE SERVICE.—Section 312(e) of title 37, United
States Code, is amended by striking ‘‘December 31, 2006’’ and
inserting ‘‘December 31, 2007’’.
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of
such title is amended by striking ‘‘December 31, 2006’’ and inserting
‘‘December 31, 2007’’.
(c) NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section
312c(d) of such title is amended by striking ‘‘December 31, 2006’’
and inserting ‘‘December 31, 2007’’.
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF
OTHER BONUSES AND SPECIAL PAYS.
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of
title 37, United States Code, is amended by striking ‘‘December
31, 2006’’ and inserting ‘‘December 31, 2007’’.
(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) of such title
is amended by striking ‘‘December 31, 2007’’ and inserting
‘‘December 31, 2008’’.
(c) REENLISTMENT
BONUS
FOR
ACTIVE
MEMBERS.—Section
308(g) of such title is amended by striking ‘‘December 31, 2006’’
and inserting ‘‘December 31, 2007’’.
(d) ENLISTMENT BONUS.—Section 309(e) of such title is amended
by striking ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2007’’.
(e) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY
SKILLS OR ASSIGNED TO HIGH PRIORITY UNITS.—Section 323(i) of
such title is amended by striking ‘‘December 31, 2006’’ and inserting
‘‘December 31, 2007’’.
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(f) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.—
Section 324(g) of such title is amended by striking ‘‘December
31, 2006’’ and inserting ‘‘December 31, 2007’’.
(g) INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPA-
TIONAL SPECIALTY TO EASE PERSONNEL SHORTAGE.—Section 326(g)
of such title is amended by striking ‘‘December 31, 2006’’ and
inserting ‘‘December 31, 2007’’.
(h) INCENTIVE BONUS
FOR TRANSFER BETWEEN
THE ARMED
FORCES.—Section 327(h) of such title is amended by striking
‘‘December 31, 2006’’ and inserting ‘‘December 31, 2009’’.
SEC. 615. EXPANSION OF ELIGIBILITY OF DENTAL OFFICERS FOR ADDI-
TIONAL SPECIAL PAY.
(a) REPEAL OF INTERNSHIP AND RESIDENCY EXCEPTION.—Section
302b(a)(4) of title 37, United States Code, is amended by striking
the first sentence and inserting the following new sentence: ‘‘An
officer who is entitled to variable special pay under paragraph
(2) or (3) is also entitled to additional special pay for any 12-
month period during which an agreement executed under subsection
(b) is in effect with respect to the officer.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on October 1, 2006.
SEC. 616. INCREASE IN MAXIMUM ANNUAL RATE OF SPECIAL PAY FOR
SELECTED RESERVE HEALTH CARE PROFESSIONALS IN
CRITICALLY SHORT WARTIME SPECIALTIES.
(a) INCREASE.—Section 302g(a) of title 37, United States Code,
is amended by striking ‘‘$10,000’’ and inserting ‘‘$25,000’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 2006, and shall apply to agreements
entered into or revised under section 302g of title 37, United States
Code, on or after that date.
SEC. 617. EXPANSION AND ENHANCEMENT OF ACCESSION BONUS
AUTHORITIES FOR CERTAIN OFFICERS IN HEALTH CARE
SPECIALITIES.
(a) INCREASE IN MAXIMUM AMOUNT OF ACCESSION BONUS FOR
DENTAL OFFICERS.—Section 302h(a)(2) of title 37, United States
Code, is amended by striking ‘‘$30,000’’ and inserting ‘‘$200,000’’.
(b) ACCESSION BONUS FOR MEDICAL OFFICERS IN CRITICALLY
SHORT WARTIME SPECIALITIES.—Chapter 5 of title 37, United States
Code, is amended by inserting after section 302j the following
new section:
‘‘§ 302k. Special pay: accession bonus for medical officers
in critically short wartime specialties
‘‘(a) ACCESSION BONUS AUTHORIZED.—A person who is a grad-
uate of an accredited school of medicine or osteopathy in a specialty
designated by regulations as a critically short wartime specialty
and who executes a written agreement described in subsection
(d) to accept a commission as an officer of the armed forces and
remain on active duty for a period of not less than four consecutive
years may, upon the acceptance of the agreement by the Secretary
concerned, be paid an accession bonus in the amount determined
by the Secretary concerned.
‘‘(b) AMOUNT OF BONUS.—The amount of an accession bonus
under subsection (a) may not exceed $400,000.
37 USC 302g
note.
37 USC 302b
note.
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‘‘(c) LIMITATION ON ELIGIBILITY FOR BONUS.—A person may
not be paid a bonus under subsection (a) if—
‘‘(1) the person, in exchange for an agreement to accept
an appointment as an officer, received financial assistance from
the Department of Defense to pursue a course of study in
medicine or osteopathy; or
‘‘(2) the Secretary concerned determines that the person
is not qualified to become and remain certified as a doctor
or osteopath in a specialty designated by regulations as a
critically short wartime specialty.
‘‘(d) AGREEMENT.—The agreement referred to in subsection (a)
shall provide that, consistent with the needs of the armed force
concerned, the person executing the agreement will be assigned
to duty, for the period of obligated service covered by the agreement,
as an officer of the Medical Corps of the Army or the Navy or
as an officer of the Air Force designated as a medical officer in
a specialty designated by regulations as a critically short wartime
specialty.
‘‘(e) REPAYMENT.—A person who, after executing an agreement
under subsection (a) is not commissioned as an officer of the armed
forces, does not become licensed as a doctor or osteopath, as the
case may be, or does not complete the period of active duty in
a specialty specified in the agreement, shall be subject to the
repayment provisions of section 303a(e) of this title.
‘‘(f) TERMINATION OF AUTHORITY.—No agreement under this
section may be entered into after December 31, 2007.’’.
(c) ACCESSION BONUS
FOR DENTAL SPECIALIST OFFICERS
IN
CRITICALLY SHORT WARTIME SPECIALITIES.—Such chapter is further
amended by inserting after section 302k, as added by subsection
(b), the following new section:
‘‘§ 302l. Special pay: accession bonus for dental specialist
officers in critically short wartime specialties
‘‘(a) ACCESSION BONUS AUTHORIZED.—A person who is a grad-
uate of an accredited dental school in a specialty designated by
regulations as a critically short wartime specialty and who executes
a written agreement described in subsection (d) to accept a commis-
sion as an officer of the armed forces and remain on active duty
for a period of not less than four consecutive years may, upon
the acceptance of the agreement by the Secretary concerned, be
paid an accession bonus in the amount determined by the Secretary
concerned.
‘‘(b) AMOUNT OF BONUS.—The amount of an accession bonus
under subsection (a) may not exceed $400,000.
‘‘(c) LIMITATION ON ELIGIBILITY FOR BONUS.—A person may
not be paid a bonus under subsection (a) if—
‘‘(1) the person, in exchange for an agreement to accept
an appointment as an officer, received financial assistance from
the Department of Defense to pursue a course of study in
dentistry; or
‘‘(2) the Secretary concerned determines that the person
is not qualified to become and remain certified as a dentist
in a specialty designated by regulations as a critically short
wartime specialty.
‘‘(d) AGREEMENT.—The agreement referred to in subsection (a)
shall provide that, consistent with the needs of the armed force
concerned, the person executing the agreement will be assigned
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to duty, for the period of obligated service covered by the agreement,
as an officer of the Dental Corps of the Army or the Navy or
as an officer of the Air Force designated as a dental officer in
a specialty designated by regulations as a critically short wartime
specialty.
‘‘(e) REPAYMENT.—A person who, after executing an agreement
under subsection (a) is not commissioned as an officer of the armed
forces, does not become licensed as a dentist, or does not complete
the period of active duty in a specialty specified in the agreement,
shall be subject to the repayment provisions of section 303a(e)
of this title.
‘‘(f) 
COORDINATION
WITH
OTHER
ACCESSION
BONUS
AUTHORITY.—A person eligible to execute an agreement under both
subsection (a) and section 302h of this title shall elect which
authority to execute the agreement under. A person may not execute
an agreement under both subsection (a) and such section 302h.
‘‘(g) TERMINATION OF AUTHORITY.—No agreement under this
section may be entered into after December 31, 2007.’’.
(d) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 302j the following new items:
‘‘302k. Special pay: accession bonus for medical officers in critically short wartime
specialties.
‘‘302l. Special pay: accession bonus for dental specialist officers in critically short
wartime specialties.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2006, and shall apply to agreements—
(1) entered into or revised under section 302h of title 37,
United States Code, on or after that date; or
(2) entered into under section 302k or 302l of such title,
as added by subsections (b) and (c), on or after that date.
SEC. 618. AUTHORITY TO PROVIDE LUMP SUM PAYMENT OF NUCLEAR
OFFICER INCENTIVE PAY.
(a) LUMP SUM PAYMENT OPTION.—Subsection (a) of section
312 of title 37, United States Code, is amended in the matter
after paragraph (3)—
(1) by striking ‘‘in equal annual installments’’ and inserting
‘‘in a single lump-sum or in annual installments of equal or
different amounts’’; and
(2) by striking ‘‘with the number of installments being
equal to the number of years covered by the contract plus
one’’ and inserting ‘‘and, if the special pay will be paid in
annual installments, the number of installments may not
exceed the number of years covered by the agreement plus
one’’.
(b) STYLISTIC AND CONFORMING AMENDMENTS.—Such section
is further amended—
(1) by redesignating subsections (b) through (e) as sub-
sections (c) through (f), respectively;
(2) in subsection (a)—
(A) by striking ‘‘an officer’’ in the matter before para-
graph (1) and inserting ‘‘the Secretary may pay special
pay under subsection (b) to an officer’’;
(B) by striking the comma at the end of paragraph
(3) and inserting a period;
37 USC 302h
note.
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(C) by striking ‘‘may, upon’’ and all that follows through
‘‘The Secretary of the Navy shall’’ and inserting the fol-
lowing:
‘‘(b) PAYMENT
AMOUNT; PAYMENT
OPTIONS.—(1) The total
amount paid to an officer under an agreement under subsection
(a) or (e)(1) may not exceed $30,000 for each year of the active-
service agreement. Amounts paid under the agreement are in addi-
tion to all other compensation to which the officer is entitled.
‘‘(2) The Secretary shall’’;
(D) by striking ‘‘Upon acceptance of the agreement
by the Secretary or his designee’’ and inserting the fol-
lowing:
‘‘(3) Upon acceptance of an agreement under subsection (a)
or (e)(1) by the Secretary’’; and
(E) by striking ‘‘The Secretary (or his designee)’’ and
inserting the following:
‘‘(4) The Secretary’’;
(3) in subsection (c), as redesignated by paragraph (1),
by striking ‘‘subsection (a) or subsection (d)(1)’’ and inserting
‘‘subsection (b) or (e)(1)’’; and
(4) in the first sentence of subsection (e)(1), as redesignated
by paragraph (1)—
(A) by striking ‘‘such subsection’’ and inserting ‘‘sub-
section (b)’’; and
(B) by striking ‘‘that subsection’’ and inserting ‘‘this
subsection’’.
(c) STYLISTIC AMENDMENTS.—Such section is further amended—
(1) in subsection (a), by inserting ‘‘SPECIAL PAY AUTHOR-
IZED; ELIGIBILITY.—’’ after ‘‘(a)’’;
(2) in subsection (c), as redesignated by subsection (b)(1),
by inserting ‘‘REPAYMENT.—’’ after ‘‘(c)’’;
(3) in subsection (d), as redesignated by subsection (b)(1),
by inserting ‘‘RELATION TO SERVICE OBLIGATION.—’’ after ‘‘(d)’’;
(4) in subsection (e), as redesignated by subsection (b)(1),
by inserting ‘‘NEW AGREEMENT.—’’ after ‘‘(e)’’; and
(5) in subsection (f), as redesignated by subsection (b)(1),
by inserting ‘‘DURATION OF AUTHORITY.—’’ after ‘‘(f)’’.
SEC. 619. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CAREER
ACCESSION BONUS.
(a) INCREASE.—Section 312b(a)(1) of title 37, United States
Code, is amended by striking ‘‘$20,000’’ and inserting ‘‘$30,000’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 2006, and shall apply to agreements
entered into or revised under section 312b of title 37, United States
Code, on or after that date.
SEC. 620. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE BONUS FOR
TRANSFER BETWEEN ARMED FORCES.
(a) INCREASE.—Section 327(d)(1) of title 37, United States Code,
is amended by striking ‘‘$2,500’’ and inserting ‘‘$10,000’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 2006, and shall apply to agreements
entered into or revised under section 327 of title 37, United States
Code, on or after that date.
37 USC 327 note.
37 USC 312b
note.
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SEC. 621. ADDITIONAL AUTHORITIES AND INCENTIVES TO ENCOURAGE
RETIRED MEMBERS AND RESERVE COMPONENT MEMBERS
TO VOLUNTEER TO SERVE ON ACTIVE DUTY IN HIGH-
DEMAND, LOW-DENSITY ASSIGNMENTS.
(a) AUTHORITY TO OFFER INCENTIVE BONUS.—Chapter 5 of
title 37, United States Code, is amended by adding at the end
the following new section:
‘‘§ 329. Incentive bonus: retired members and reserve compo-
nent members volunteering for high-demand,
low-density assignments
‘‘(a) INCENTIVE BONUS AUTHORIZED.—The Secretary of Defense
may pay a bonus under this section to a retired member or former
member of the Army, Navy, Air Force, or Marine Corps or to
a member of a reserve component of the Army, Navy, Air Force,
or Marine Corps (who is not otherwise serving on active duty)
who executes a written agreement to serve on active duty for
a period specified in the agreement in an assignment intended
to alleviate the need for members in a high-demand, low-density
military capability or in any other specialty designated by the
Secretary as critical to meet wartime or peacetime requirements.
‘‘(b) MAXIMUM AMOUNT OF BONUS.—A bonus under subsection
(a) and any incentive developed under subsection (d) may not exceed
$50,000.
‘‘(c) METHODS OF PAYMENT.—At the election of the Secretary
of Defense, a bonus under subsection (a) and any incentive devel-
oped under subsection (d) shall be paid or provided—
‘‘(1) when the member commences service on active duty;
or
‘‘(2) in annual installments in such amounts as may be
determined by the Secretary.
‘‘(d) DEVELOPMENT OF ADDITIONAL INCENTIVES.—(1) The Sec-
retary of Defense may develop and provide to members referred
to in subsection (a) additional incentives to encourage such members
to return to active duty in assignments intended to alleviate the
need for members in a high-demand, low-density military capability
or in other specialties designated by the Secretary as critical to
meet wartime or peacetime requirements.
‘‘(2) The provision of any incentive developed under this sub-
section shall be subject to an agreement, as required for bonuses
under subsection (a).
‘‘(3) Not later than 30 days before first offering any incentive
developed under this subsection, the Secretary shall submit to
the congressional defense committees a report that contains a
description of that incentive and an explanation why a bonus under
subsection (a) or other pay and allowances are not sufficient to
alleviate the high-demand, low-density military capability or other-
wise fill critical military specialties.
‘‘(4) In this subsection, the term ‘congressional defense commit-
tees’ has the meaning given that term in section 101(a)(16) of
title 10.
‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—A bonus
or other incentive paid or provided to a member under this section
is in addition to any other pay and allowances to which the member
is entitled.
‘‘(f) PROHIBITION
ON PROMOTIONS.—The written agreement
required by subsections (a) and (d) shall specify that a member
Deadline.
Contracts.
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who is paid or receives a bonus or other incentive under this
section is not eligible for promotion while serving in the assignment
for which the bonus or other incentive is provided.
‘‘(g) REPAYMENT.—A member who does not complete the period
of active duty specified in the agreement executed under subsection
(a) or (d) shall be subject to the repayment provisions of section
303a(e) of this title.
‘‘(h) HIGH-DEMAND, LOW-DENSITY MILITARY CAPABILITY.—In
this section, the term ‘high-demand, low-density military capability’
means a combat, combat support or service support capability,
unit, system, or occupational specialty that the Secretary of Defense
determines has funding, equipment, or personnel levels that are
substantially below the levels required to fully meet or sustain
actual or expected operational requirements set by regional com-
manders.
‘‘(i) REGULATIONS.—The Secretary of Defense may prescribe
such regulations as the Secretary considers necessary to carry out
this section.
‘‘(j) TERMINATION OF AUTHORITY.—No agreement under sub-
section (a) or (d) may be entered into after December 31, 2010.’’.
(b) TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS TO
ACTIVE DUTY
IN HIGH-DEMAND, LOW-DENSITY MILITARY CAPA-
BILITY.—Section 688a of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by striking the first sentence and inserting the
following new sentence: ‘‘The Secretary of a military depart-
ment may order to active duty a retired member who
agrees to serve on active duty in an assignment intended
to alleviate a high-demand, low-density military capability
or in any other specialty designated by the Secretary as
critical to meet wartime or peacetime requirements.’’; and
(B) in the second sentence, by striking ‘‘officer’’ both
places it appears and inserting ‘‘member’’;
(2) in subsection (b), by striking ‘‘an officer’’ and inserting
‘‘a member’’;
(3) in subsection (c), by striking ‘‘500 officers’’ and inserting
‘‘1,000 members’’;
(4) in subsection (d), by striking ‘‘officer’’ and inserting
‘‘member’’;
(5) in subsection (e), by striking ‘‘Officers’’ and inserting
‘‘Retired members’’;
(6) in subsection (f)—
(A) by striking ‘‘An officer’’ and inserting ‘‘A retired
member’’; and
(B) by striking ‘‘September 30, 2008’’ and inserting
‘‘December 31, 2010’’; and
(7) by adding at the end the following new subsection:
‘‘(g) 
HIGH-DEMAND, 
LOW-DENSITY
MILITARY
CAPABILITY
DEFINED.—In this section, the term ‘high-demand, low-density mili-
tary capability’ means a combat, combat support or service support
capability, unit, system, or occupational specialty that the Secretary
of Defense determines has funding, equipment, or personnel levels
that are substantially below the levels required to fully meet or
sustain actual or expected operational requirements set by regional
commanders.’’.
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(c) EXCLUSION FROM ACTIVE-DUTY LIST.—Section 641 of title
10, United States Code, is amended by adding at the end the
following new paragraph:
‘‘(6) Officers appointed pursuant to an agreement under
section 329 of title 37.’’.
(d) CLERICAL AMENDMENTS.—
(1) TITLE 37.—The table of sections at the beginning of
chapter 5 of title 37, United States Code, is amended by adding
at the end the following new item:
‘‘329. Incentive bonus: retired members and reserve component members volun-
teering for high-demand, low-density assignments.’’.
(2) TITLE
10.—(A) The heading of section 688a of title
10, United States Code, is amended to read as follows:
‘‘§ 688a. Retired members: temporary authority to order to
active duty in high-demand, low-density assign-
ments’’.
(B) The table of sections at the beginning of chapter 39
of such title is amended by striking the item relating to section
688a and inserting the following new item:
‘‘688a. Retired members: temporary authority to order to active duty in high-de-
mand, low-density assignments.’’.
(e) EFFECTIVE DATE.—No agreement may be entered into under
section 329 of title 37, United States Code, as added by subsection
(a), before October 1, 2006.
(f) LIMITATION ON FISCAL YEAR 2007 OBLIGATIONS.—During
fiscal year 2007, obligations incurred under section 329 of title
37, United States Code, as added by subsection (a), to provide
bonuses or other incentives to retired members and former members
of the Army, Navy, Air Force, or Marine Corps or to members
of the reserve components of the Army, Navy, Air Force, and Marine
Corps may not exceed $5,000,000.
SEC. 622. ACCESSION BONUS FOR MEMBERS OF THE ARMED FORCES
APPOINTED AS COMMISSIONED OFFICERS AFTER COM-
PLETING OFFICER CANDIDATE SCHOOL.
(a) ACCESSION BONUS AUTHORIZED.—
(1) IN GENERAL.—Chapter 5 of title 37, United States Code,
is amended by inserting after section 329, as added by section
621 of this Act, the following new section:
‘‘§ 330. Special pay: accession bonus for officer candidates
‘‘(a) ACCESSION BONUS AUTHORIZED.—Under regulations pre-
scribed by the Secretary concerned, a person who executes a written
agreement described in subsection (c) may be paid an accession
bonus under this section upon acceptance of the agreement by
the Secretary concerned.
‘‘(b) AMOUNT OF BONUS.—The amount of an accession bonus
under subsection (a) may not exceed $8,000.
‘‘(c) AGREEMENT.—A written agreement referred to in subsection
(a) is a written agreement by a person—
‘‘(1) to complete officer candidate school;
‘‘(2) to accept a commission or appointment as an officer
of the armed forces; and
‘‘(3) to serve on active duty as a commissioned officer for
a period specified in the agreement.
Regulations.
37 USC 329 note.
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‘‘(d) PAYMENT METHOD.—Upon acceptance of a written agree-
ment under subsection (a) by the Secretary concerned, the total
amount of the accession bonus payable under the agreement
becomes fixed. The agreement shall specify whether the accession
bonus will be paid in a lump sum or installments.
‘‘(e) REPAYMENT.—A person who, having received all or part
of the bonus under a written agreement under subsection (a), does
not complete the total period of active duty as a commissioned
officer as specified in such agreement shall be subject to the repay-
ment provisions of section 303a(e) of this title.
‘‘(f) TERMINATION OF AUTHORITY.—No agreement under this
section may be entered into after December 31, 2007.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 329, as added by section 621, the
following new item:
‘‘330. Special pay: accession bonus for officer candidates.’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on October 1, 2006.
(b) AUTHORITY FOR PAYMENT OF BONUS UNDER EARLIER AGREE-
MENTS.—
(1) AUTHORITY.—The Secretary of the Army may pay a
bonus to any person who, during the period beginning on April
1, 2005, and ending on April 6, 2006, executed an agreement
to enlist for the purpose of attending officer candidate school
and receive a bonus under section 309 of title 37, United
States Code, and who has completed the terms of the agreement
required for payment of the bonus.
(2) AMOUNT OF BONUS.—The amount of the bonus payable
to a person under this subsection may not exceed $8,000.
(3) RELATION TO ENLISTMENT BONUS.—The bonus payable
under this subsection is in addition to a bonus payable under
section 309 of title 37, United States Code, or any other provi-
sion of law.
SEC. 623. MODIFICATION OF CERTAIN AUTHORITIES APPLICABLE TO
THE TARGETED SHAPING OF THE ARMED FORCES.
(a) VOLUNTARY SEPARATION PAY AND BENEFITS.—
(1) INCREASE
IN
MAXIMUM
AMOUNT
OF
PAY.—Subsection
(f) of section 1175a of title 10, United States Code, is amended
by striking ‘‘two times’’ and inserting ‘‘four times’’.
(2) EXTENSION OF AUTHORITY.—Subsection (k)(1) of such
section is amended by striking ‘‘December 31, 2008’’ and
inserting ‘‘December 31, 2012’’.
(3) REPEAL OF LIMITATION ON APPLICABILITY.—Subsection
(b) of section 643 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3310;
10 U.S.C. 1175a note) is repealed.
(b) ENHANCED AUTHORITY FOR EARLY DISCHARGES.—
(1) RENEWAL OF AUTHORITY.—Subsection (a) of section 638a
of title 10, United States Code, is amended by inserting ‘‘and
for the purpose of subsection (b)(4) during the period beginning
on October 1, 2006, and ending on December 31, 2012,’’ after
‘‘December 31, 2001,’’.
(2) RELAXATION OF LIMITATION ON SELECTIVE EARLY DIS-
CHARGE.—Subsection (d)(2) of such section is amended—
37 USC 330 note.
Contracts.
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(A) in subparagraph (A), by inserting before the semi-
colon the following: ‘‘, except that during the period begin-
ning on October 1, 2006, and ending on December 31,
2012, such number may be more than 30 percent of the
officers considered in each competitive category, but may
not be more than 30 percent of the number of officers
considered in each grade’’; and
(B) in subparagraph (B), by inserting before the period
the following: ‘‘, except that during the period beginning
on October 1, 2006, and ending on December 31, 2012,
such number may be more than 30 percent of the officers
considered in each competitive category, but may not be
more than 30 percent of the number of officers considered
in each grade’’.
SEC. 624. ENHANCEMENT OF BONUS TO ENCOURAGE CERTAIN PER-
SONS TO REFER OTHER PERSONS FOR ENLISTMENT IN
THE ARMY.
(a) INDIVIDUALS ELIGIBLE FOR BONUS.—Subsection (a) of section
645 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109–163; 119 Stat. 3310) is amended—
(1) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(1) AUTHORITY.—The Secretary’’;
(2) by striking ‘‘a member of the Army, whether in the
regular component of the Army or in the Army National Guard
or Army Reserve,’’ and inserting ‘‘an individual referred to
in paragraph (2)’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) INDIVIDUALS
ELIGIBLE
FOR
BONUS.—Subject to sub-
section (c), the following individuals are eligible for a referral
bonus under this section:
‘‘(A) A member in the regular component of the Army.
‘‘(B) A member of the Army National Guard.
‘‘(C) A member of the Army Reserve.
‘‘(D) A member of the Army in a retired status,
including a member under 60 years of age who, but for
age, would be eligible for retired pay.
‘‘(E) A civilian employee of the Department of the
Army.’’.
(b) CERTAIN REFERRALS INELIGIBLE.—Subsection (c) of such
section is amended by adding at the end the following new para-
graph:
‘‘(3) JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUC-
TORS.—A member of the Army detailed under subsection (c)(1)
of section 2031 of title 10, United States Code, to serve as
an administrator or instructor in the Junior Reserve Officers’
Training Corps program or a retired member of the Army
employed as an administrator or instructor in the program
under subsection (d) of such section may not be paid a bonus
under subsection (a).’’.
(c) AMOUNT
OF BONUS.—Subsection (d) of such section is
amended to read as follows:
‘‘(d) AMOUNT OF BONUS.—The amount of the bonus payable
for a referral under subsection (a) may not exceed $2,000. The
amount shall be payable in two lump sums as provided in subsection
(e).’’.
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(d) PAYMENT
OF BONUS.—Subsection (e) of such section is
amended to read as follows:
‘‘(e) PAYMENT.—A bonus payable for a referral of a person
under subsection (a) shall be paid as follows:
‘‘(1) Not more than $1,000 shall be paid upon the
commencement of basic training by the person referred.
‘‘(2) Not more than $1,000 shall be paid upon the completion
of basic training and individual advanced training by the person
referred.’’.
(e) COORDINATION WITH RECEIPT OF RETIRED PAY.—Such sec-
tion is further amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new sub-
section (g):
‘‘(g) COORDINATION WITH RECEIPT OF RETIRED PAY.—A bonus
paid under this section to a member of the Army in a retired
status is in addition to any compensation to which the member
is entitled under title 10, 37, or 38, United States Code, or any
other provision of law.’’.
(f) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act, and
shall apply with respect to bonuses payable under section 645
of the National Defense Authorization Act for Fiscal Year 2006,
as amended by this section, on or after that date.
Subtitle C—Travel and Transportation
Allowances
SEC. 
631. 
TRAVEL 
AND 
TRANSPORTATION 
ALLOWANCES 
FOR
TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO ILL-
NESS OR INJURY OF MEMBERS.
Section 411h(b)(1) of title 37, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(E) a person related to the member as described in
subparagraph (A), (B), (C), or (D) who is also a member of
the uniformed services.’’.
Subtitle D—Retired Pay and Survivor
Benefits
SEC. 641. RETIRED PAY OF GENERAL AND FLAG OFFICERS TO BE
BASED ON RATES OF BASIC PAY PROVIDED BY LAW.
(a) DETERMINATION OF RETIRED PAY BASE.—Chapter 71 of title
10, United States Code, is amended by inserting after section 1407
the following new section:
‘‘§ 1407a. Retired pay base: officers retired in general or flag
officer grades
‘‘(a) RATES OF BASIC PAY TO BE USED IN DETERMINATION.—
In a case in which the determination under section 1406 or 1407
of this title of the retired pay base applicable to the computation
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of the retired pay of a covered general or flag officer involves
a rate of basic pay payable to that officer for any period that
was subject to a reduction under section 203(a)(2) of title 37 for
such period, such retired-pay-base determination shall be made
using the rate of basic pay for such period provided by law, rather
than such rate as so reduced.
‘‘(b) COVERED GENERAL AND FLAG OFFICERS.—In this section,
the term ‘covered general or flag officer’ means a member or former
member who after September 30, 2006, is retired in a general
officer grade or flag officer grade.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 1407 the following new item:
‘‘1407a. Retired pay base: officers retired in general or flag officer grades.’’.
SEC. 642. INAPPLICABILITY OF RETIRED PAY MULTIPLIER MAXIMUM
PERCENTAGE TO CERTAIN SERVICE OF MEMBERS OF THE
ARMED FORCES IN EXCESS OF 30 YEARS.
(a) IN GENERAL.—Paragraph (3) of section 1409(b) of title 10,
United States Code, is amended to read as follows:
‘‘(3) 30 YEARS OF SERVICE.—
‘‘(A) RETIREMENT BEFORE JANUARY 1, 2007.—In the case
of a member who retires before January 1, 2007, with
more than 30 years of creditable service, the percentage
to be used under subsection (a) is 75 percent.
‘‘(B) RETIREMENT
AFTER
DECEMBER
31, 2006.—In the
case of a member who retires after December 31, 2006,
with more than 30 years of creditable service, the percent-
age to be used under subsection (a) is the sum of—
‘‘(i) 75 percent; and
‘‘(ii) the product (stated as a percentage) of—
‘‘(I) 21⁄2; and
‘‘(II) the member’s years of creditable service
(as defined in subsection (c)) in excess of 30 years
of creditable service, under conditions authorized
for purposes of this subparagraph during a period
designated by the Secretary of Defense for pur-
poses of this subparagraph.’’.
(b) RETIRED PAY FOR NON-REGULAR SERVICE.—Section 12739(c)
of such title is amended—
(1) by striking ‘‘The total amount’’ and inserting ‘‘(1) Except
as provided in paragraph (2), the total amount’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) In the case of a person who retires after December
31, 2006, with more than 30 years of service credited to that
person under section 12733 of this title, the total amount of
the monthly retired pay computed under subsections (a) and
(b) may not exceed the sum of—
‘‘(A) 75 percent of the retired pay base upon which
the computation is based; and
‘‘(B) the product of—
‘‘(i) the retired pay base upon which the computa-
tion is based; and
‘‘(ii) 21⁄2 percent of the years of service credited
to that person under section 12733 of this title, for
service under conditions authorized for purposes of
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this paragraph during a period designated by the Sec-
retary of Defense for purposes of this paragraph.’’.
SEC. 643. MILITARY SURVIVOR BENEFIT PLAN BENEFICIARIES UNDER
INSURABLE INTEREST COVERAGE.
(a) AUTHORITY TO ELECT NEW BENEFICIARY.—Section 1448(b)(1)
of title 10, United States Code, is amended—
(1) by inserting ‘‘or under subparagraph (G) of this para-
graph’’ in the second sentence of subparagraph (E) before the
period at the end; and
(2) by adding at the end the following new subparagraph:
‘‘(G) ELECTION OF NEW BENEFICIARY UPON DEATH OF
PREVIOUS BENEFICIARY.—
‘‘(i) AUTHORITY FOR ELECTION.—If the reason for
discontinuation in the Plan is the death of the bene-
ficiary, the participant in the Plan may elect a new
beneficiary. Any such beneficiary must be a natural
person with an insurable interest in the participant.
Such an election may be made only during the 180-
day period beginning on the date of the death of the
previous beneficiary.
‘‘(ii) PROCEDURES.—Such an election shall be in
writing, signed by the participant, and made in such
form and manner as the Secretary concerned may pre-
scribe. Such an election shall be effective the first
day of the first month following the month in which
the election is received by the Secretary.
‘‘(iii) VITIATION OF ELECTION BY PARTICIPANT WHO
DIES
WITHIN
TWO
YEARS
OF
ELECTION.—If a person
providing an annuity under a election under clause
(i) dies before the end of the two-year period beginning
on the effective date of the election—
‘‘(I) the election is vitiated; and
‘‘(II) the amount by which the person’s retired
pay was reduced under section 1452 of this title
that is attributable to the election shall be paid
in a lump sum to the person who would have
been the deceased person’s beneficiary under the
vitiated election if the deceased person had died
after the end of such two-year period.’’.
(b) CHANGE IN PREMIUM FOR COVERAGE OF NEW BENEFICIARY.—
Section 1452(c) of such title is amended by adding at the end
the following new paragraph:
‘‘(5) RULE FOR DESIGNATION OF NEW INSURABLE INTEREST
BENEFICIARY
FOLLOWING
DEATH
OF
ORIGINAL
BENEFICIARY.—
The Secretary of Defense shall prescribe in regulations pre-
miums which a participant making an election under section
1448(b)(1)(G) of this title shall be required to pay for partici-
pating in the Plan pursuant to that election. The total amount
of the premiums to be paid by a participant under the regula-
tions shall be equal to the sum of the following:
‘‘(A) The total additional amount by which the retired
pay of the participant would have been reduced before
the effective date of the election if the original beneficiary
(i) had not died and had been covered under the Plan
through the date of the election, and (ii) had been the
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same number of years younger than the participant (if
any) as the new beneficiary designated under the election.
‘‘(B) Interest on the amounts by which the retired
pay of the participant would have been so reduced, com-
puted from the dates on which the retired pay would have
been so reduced at such rate or rates and according to
such methodology as the Secretary of Defense determines
reasonable.
‘‘(C) Any additional amount that the Secretary deter-
mines necessary to protect the actuarial soundness of the
Department of Defense Military Retirement Fund against
any increased risk for the fund that is associated with
the election.’’.
(c) TRANSITION.—
(1) TRANSITION PERIOD.—In the case of a participant in
the Survivor Benefit Plan who made a covered insurable-
interest election (as defined in paragraph (2)) and whose des-
ignated beneficiary under that election dies before the date
of the enactment of this Act or during the 18-month period
beginning on such date, the time period applicable for purposes
of the limitation in the third sentence of subparagraph (G)(i)
of section 1448(b)(1) of title 10, United States Code, as added
by subsection (a), shall be the two-year period beginning on
the date of the enactment of this Act (rather than the 180-
day period specified in that sentence).
(2) COVERED
INSURABLE-INTEREST
ELECTIONS.—For pur-
poses of paragraph (1), a covered insurable-interest election
is an election under section 1448(b)(1) of title 10, United States
Code, made before the date of the enactment of this Act, or
during the 18-month period beginning on such date, by a
participant in the Survivor Benefit Plan to provide an annuity
under that plan to a natural person with an insurable interest
in that person.
(3) SURVIVOR BENEFIT PLAN.—For purposes of this sub-
section, the term ‘‘Survivor Benefit Plan’’ means the program
under subchapter II of chapter 73 of title 10, United States
Code.
SEC. 644. MODIFICATION OF ELIGIBILITY FOR COMMENCEMENT OF
AUTHORITY FOR OPTIONAL ANNUITIES FOR DEPENDENTS
UNDER THE SURVIVOR BENEFIT PLAN.
(a) IN GENERAL.—Section 1448(d)(2)(B) of title 10, United States
Code, is amended by striking ‘‘who dies after November 23, 2003’’
and inserting ‘‘who dies after October 7, 2001’’.
(b) APPLICABILITY.—Any annuity payable to a dependent child
under subchapter II of chapter 73 of title 10, United States Code,
by reason of the amendment made by subsection (a) shall be payable
only for months beginning on or after the date of the enactment
of this Act.
SEC. 645. STUDY OF TRAINING COSTS, MANNING, OPERATIONS TEMPO,
AND OTHER FACTORS THAT AFFECT RETENTION OF MEM-
BERS OF THE ARMED FORCES WITH SPECIAL OPERATIONS
DESIGNATIONS.
(a) REPORT REQUIRED.—Not later than August 1, 2007, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
10 USC 1448
note.
10 USC 1448
note.
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the House of Representatives a report on factors that affect reten-
tion of members of the Armed Forces who have a special operations
forces designation.
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) Information on the cost of training of members of the
Armed Forces who have a special operations forces designation,
with such information displayed separately and shown as aggre-
gate costs of training for such members at the 4-year, 8-year,
12-year, 16-year, and 20-year points of service.
(2) The average cost of special operations-unique training,
both predeployment and during deployment, for the number
of members of the Armed Forces who have a special operations
forces designation who have been deployed at least twice to
areas in which they were eligible for hostile fire pay.
(3) For each component of the United States Special Oper-
ations Command, an estimate of when the assigned strength
of that component will be under 90 percent of the authorized
strength of that component, taking into account anticipated
growth planned for in the most recent Quadrennial Defense
Review.
(4) The percentage of members of the Armed Forces with
a special operations forces designation who have accumulated
over 48 months of hostile fire pay and the percentage who
have accumulated over 60 months of such pay.
Subtitle 
E—Commissary 
and 
Non-
appropriated Fund Instrumentality Ben-
efits
SEC. 661. TREATMENT OF PRICE SURCHARGES OF CERTAIN MERCHAN-
DISE SOLD AT COMMISSARY STORES.
(a) MERCHANDISE PROCURED FROM EXCHANGES.—Subsection
(c)(3) of section 2484 of title 10, United States Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;
(2) by striking ‘‘Subsections’’ and inserting ‘‘Except as pro-
vided in subparagraph (B), subsections’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) When a military exchange is the vendor of tobacco products
or other merchandise authorized for sale in a commissary store
under paragraph (1), any revenue above the cost of procuring the
merchandise shall be allocated as if the revenue were a uniform
sales price surcharge described in subsection (d).’’.
(b) MERCHANDISE TREATED AS NONCOMMISSARY STORE INVEN-
TORY.—Subsection (g) of such section is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Notwithstanding’’;
(2) by striking ‘‘Subsections’’ and inserting ‘‘Except as pro-
vided in paragraph (2), subsections’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) When tobacco products are authorized for sale in a com-
missary store as noncommissary store inventory, any revenue above
the cost of procuring the tobacco products shall be allocated as
if the revenue were a uniform sales price surcharge described
in subsection (d).’’.
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SEC. 662. LIMITATIONS ON LEASE OF NON-EXCESS DEPARTMENT OF
DEFENSE PROPERTY FOR PROTECTION OF MORALE, WEL-
FARE, AND RECREATION ACTIVITIES AND REVENUE.
(a) ADDITIONAL CONDITION ON USE OF LEASE AUTHORITY.—
Subsection (b) section 2667 of title 10, United States Code, is
amended—
(1) in paragraph (4), by striking ‘‘and’’ at the end;
(2) in paragraph (5), by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(6) except as otherwise provided in subsection (d), shall
require the lessee to provide the covered entities specified in
paragraph (1) of that subsection the right to establish and
operate a community support facility or provide community
support services, or seek equitable compensation for morale,
welfare, and recreation programs of the Department of Defense
in lieu of the operation of such a facility or the provision
of such services, if the Secretary determines that the lessee
will provide merchandise or services in direct competition with
covered entities through the lease.’’.
(b) APPLICATION OF CONDITION; WAIVER.—Such section is fur-
ther amended—
(1) by redesignating subsections (d) through (i) as sub-
sections (e) through (j), respectively; and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) COMMUNITY SUPPORT FACILITIES AND COMMUNITY SUPPORT
SERVICES UNDER LEASE; WAIVER.—(1) In this subsection and sub-
section (b)(6), the term ‘covered entity’ means each of the following:
‘‘(A) The Army and Air Force Exchange Service.
‘‘(B) The Navy Exchange Service Command.
‘‘(C) The Marine Corps exchanges.
‘‘(D) The Defense Commissary Agency.
‘‘(E) The revenue-generating nonappropriated fund activi-
ties of the Department of Defense conducted for the morale,
welfare, and recreation of members of the armed forces.
‘‘(2) The Secretary of a military department may waive the
requirement in subsection (b)(6) with respect to a lease if—
‘‘(A) the lease is entered into under subsection (g); or
‘‘(B) the Secretary determines that the waiver is in the
best interests of the Government.
‘‘(3) The Secretary of the military department concerned shall
provide to the congressional defense committees written notice of
each waiver under paragraph (2), including the reasons for the
waiver.
‘‘(4) The covered entities shall exercise the right provided in
subsection (b)(6) with respect to a lease, if at all, not later than
90 days after receiving notice from the Secretary of the military
department concerned regarding the opportunity to exercise such
right with respect to the lease. The Secretary may, at the discretion
of the Secretary, extend the period under this paragraph for the
exercise of the right with respect to a lease for such additional
period as the Secretary considers appropriate.
‘‘(5) The Secretary of Defense shall prescribe in regulations
uniform procedures and criteria for the evaluation of proposals
Regulations.
Deadline.
Notification.
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for enhanced use leases involving the operation of community sup-
port facilities or the provision of community support services by
either a lessee under this section or a covered entity.
‘‘(6) The Secretary of the military department concerned shall
provide written notification to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives regarding all leases under this section that
include the operation of a community support facility or the provi-
sion of community support services, regardless of whether the
facility will be operated by a covered entity or the lessee or the
services will be provided by a covered entity or the lessee.’’.
(c) DEFINITIONS.—Subsection (i) of such section, as redesignated
by subsection (b)(1) of this section, is amended to read as follows:
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) The term ‘community support facility’ includes an
ancillary supporting facility (as that term is defined in section
2871(1) of this title).
‘‘(2) The term ‘community support services’ includes rev-
enue-generating food, recreational, lodging support services,
and resale operations and other retail facilities and services
intended to support a community.
‘‘(3) The term ‘military installation’ has the meaning given
such term in section 2687(e)(1) of this title.’’.
(d) STYLISTIC, TECHNICAL, AND CONFORMING AMENDMENTS.—
Such section is further amended—
(1) in subsection (a), by inserting ‘‘LEASE AUTHORITY.—
’’ after ‘‘(a)’’;
(2) in subsection (b), by inserting ‘‘CONDITIONS
ON
LEASES.—’’ after ‘‘(b)’’;
(3) in subsection (c), by inserting ‘‘TYPES
OF IN-KIND
CONSIDERATION.—’’ after ‘‘(c)’’;
(4) in subsection (e), as redesignated by subsection (b)(1)
of this section—
(A) by inserting ‘‘DEPOSIT AND USE OF PROCEEDS.—
’’ after ‘‘(e)’’; and
(B) in paragraph (5), by striking ‘‘subsection (f)’’ and
inserting ‘‘subsection (g)’’;
(5) in subsection (f), as redesignated by subsection (b)(1)
of this section, by inserting ‘‘TREATMENT OF LESSEE INTEREST
IN PROPERTY.—’’ after ‘‘(f)’’;
(6) in subsection (g), as redesignated by subsection (b)(1)
of this section—
(A) by inserting ‘‘SPECIAL RULES FOR BASE CLOSURE
AND REALIGNMENT PROPERTY.—’’ after ‘‘(g)’’; and
(B) in paragraph (1), by striking ‘‘subsection (a)(3)’’
and inserting ‘‘subsection (a)(2)’’;
(7) in subsection (h), as redesignated by subsection (b)(1)
of this section, by inserting ‘‘COMPETITIVE PROCEDURES FOR
SELECTION OF CERTAIN LESSEES; EXCEPTION.—’’ after ‘‘(h)’’; and
(8) in subsection (j), as redesignated by subsection (b)(1)
of this section, by inserting ‘‘EXCLUSION OF CERTAIN LANDS.—
’’ after ‘‘(j)’’.
Notification.
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SEC. 663. REPORT ON COST EFFECTIVENESS OF PURCHASING
COMMERCIAL 
INSURANCE 
FOR 
COMMISSARY 
AND
EXCHANGE 
FACILITIES 
AND 
FACILITIES 
OF 
OTHER
MORALE, WELFARE, AND RECREATION PROGRAMS AND
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) REPORT REQUIRED.—Not later than July 31, 2007, the Sec-
retary of Defense shall submit to Congress a report evaluating
the cost effectiveness of the Defense Commissary Agency and the
nonappropriated fund activities specified in subsection (b) pur-
chasing commercial insurance to protect financial interests in facili-
ties operated by the Defense Commissary Agency or those non-
appropriated fund activities.
(b) COVERED NONAPPROPRIATED FUND ACTIVITIES.—The report
shall apply with respect to—
(1) the Army and Air Force Exchange Service;
(2) the Navy Exchange Service Command;
(3) the Marine Corps exchanges; and
(4) any nonappropriated fund activity of the Department
of Defense for the morale, welfare, and recreation of members
of the Armed Forces.
SEC. 664. STUDY AND REPORT REGARDING ACCESS OF DISABLED PER-
SONS TO MORALE, WELFARE, AND RECREATION FACILI-
TIES AND ACTIVITIES.
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a study regarding the current capability of morale, welfare, and
recreation facilities and activities operated by nonappropriated fund
instrumentalities of the Department of Defense to provide access
to and accommodate disabled persons who are otherwise eligible
to use such facilities or participate in such activities and the legal
requirements regarding such access and accommodation applicable
to these morale, welfare, and recreation facilities and activities,
with specific attention to the applicability of section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(b) ELEMENTS OF STUDY.—In conducting the study, the Sec-
retary of Defense shall address at a minimum the following:
(1) The current plans of the Secretary of Defense and
the Secretaries of the military departments to improve the
access and accommodation of disabled persons to morale, wel-
fare, and recreation facilities and activities operated by non-
appropriated fund instrumentalities of the Department of
Defense, including plans to make available additional golf carts
at military golf courses that are accessible for disabled persons
authorized to use such courses, and whether any portion of
these plans require congressional authorization or funding.
(2) The timing and cost of making these morale, welfare,
and recreation facilities and activities fully accessible to dis-
abled persons.
(3) The expected utilization rates of these morale, welfare,
and recreation facilities and activities by disabled persons, if
the facilities and activities were fully accessible to disabled
persons.
(4) Any legal requirements applicable to providing golf
carts at military golf courses that are accessible for disabled
persons authorized to use such courses and the current avail-
ability of accessible golf carts at such courses.
Applicability.
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(c) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to Congress a report containing the results of the study and any
related findings, conclusions, and recommendations that the Sec-
retary considers to be appropriate concerning the access of disabled
persons to morale, welfare, and recreation facilities and activities,
and specifically the Secretary’s conclusions on making accessible
golf carts available at all military golf courses for use by disabled
persons authorized to use such courses.
Subtitle F—Other Matters
SEC. 670. LIMITATIONS ON TERMS OF CONSUMER CREDIT EXTENDED
TO SERVICEMEMBERS AND DEPENDENTS.
(a) TERMS
OF CONSUMER CREDIT.—Chapter 49 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 987. Terms of consumer credit extended to members and
dependents: limitations
‘‘(a) INTEREST.—A creditor who extends consumer credit to a
covered member of the armed forces or a dependent of such a
member shall not require the member or dependent to pay interest
with respect to the extension of such credit, except as—
‘‘(1) agreed to under the terms of the credit agreement
or promissory note;
‘‘(2) authorized by applicable State or Federal law; and
‘‘(3) not specifically prohibited by this section.
‘‘(b) ANNUAL PERCENTAGE RATE.—A creditor described in sub-
section (a) may not impose an annual percentage rate of interest
greater than 36 percent with respect to the consumer credit
extended to a covered member or a dependent of a covered member.
‘‘(c) MANDATORY LOAN DISCLOSURES.—
‘‘(1) INFORMATION REQUIRED.—With respect to any exten-
sion of consumer credit (including any consumer credit origi-
nated or extended through the internet) to a covered member
or a dependent of a covered member, a creditor shall provide
to the member or dependent the following information orally
and in writing before the issuance of the credit:
‘‘(A) A statement of the annual percentage rate of
interest applicable to the extension of credit.
‘‘(B) Any disclosures required under the Truth in
Lending Act (15 U.S.C. 1601 et seq.).
‘‘(C) A clear description of the payment obligations
of the member or dependent, as applicable.
‘‘(2) TERMS.—Such disclosures shall be presented in accord-
ance with terms prescribed by the regulations issued by the
Board of Governors of the Federal Reserve System to implement
the Truth in Lending Act (15 U.S.C. 1601 et seq.).
‘‘(d) PREEMPTION.—
‘‘(1) INCONSISTENT LAWS.—Except as provided in subsection
(f)(2), this section preempts any State or Federal law, rule,
or regulation, including any State usury law, to the extent
that such law, rule, or regulation is inconsistent with this
section, except that this section shall not preempt any such
law, rule, or regulation that provides protection to a covered
Regulations.
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member or a dependent of such a member in addition to the
protection provided by this section.
‘‘(2) DIFFERENT TREATMENT UNDER STATE LAW OF MEMBERS
AND DEPENDENTS PROHIBITED.—States shall not—
‘‘(A) authorize creditors to charge covered members
and their dependents annual percentage rates of interest
for loans higher than the legal limit for residents of the
State; or
‘‘(B) permit violation or waiver of any State consumer
lending protections for the benefit of residents of the State
on the basis of nonresident or military status of a covered
member or dependent of such a member, regardless of
the member’s or dependent’s domicile or permanent home
of record.
‘‘(e) LIMITATIONS.—It shall be unlawful for any creditor to
extend consumer credit to a covered member or a dependent of
such a member with respect to which—
‘‘(1) the creditor rolls over, renews, repays, refinances, or
consolidates any consumer credit extended to the borrower
by the same creditor with the proceeds of other credit extended
to the same covered member or a dependent;
‘‘(2) the borrower is required to waive the borrower’s right
to legal recourse under any otherwise applicable provision of
State or Federal law, including any provision of the
Servicemembers Civil Relief Act;
‘‘(3) the creditor requires the borrower to submit to arbitra-
tion or imposes onerous legal notice provisions in the case
of a dispute;
‘‘(4) the creditor demands unreasonable notice from the
borrower as a condition for legal action;
‘‘(5) the creditor uses a check or other method of access
to a deposit, savings, or other financial account maintained
by the borrower, or the title of a vehicle as security for the
obligation;
‘‘(6) the creditor requires as a condition for the extension
of credit that the borrower establish an allotment to repay
an obligation; or
‘‘(7) the borrower is prohibited from prepaying the loan
or is charged a penalty or fee for prepaying all or part of
the loan.
‘‘(f) PENALTIES AND REMEDIES.—
‘‘(1) MISDEMEANOR.—A creditor who knowingly violates this
section shall be fined as provided in title 18, or imprisoned
for not more than one year, or both.
‘‘(2) PRESERVATION OF OTHER REMEDIES.—The remedies and
rights provided under this section are in addition to and do
not preclude any remedy otherwise available under law to
the person claiming relief under this section, including any
award for consequential and punitive damages.
‘‘(3) CONTRACT VOID.—Any credit agreement, promissory
note, or other contract prohibited under this section is void
from the inception of such contract.
‘‘(4) ARBITRATION.—Notwithstanding section 2 of title 9,
or any other Federal or State law, rule, or regulation, no
agreement to arbitrate any dispute involving the extension
of consumer credit shall be enforceable against any covered
member or dependent of such a member, or any person who
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was a covered member or dependent of that member when
the agreement was made.
‘‘(g) 
SERVICEMEMBERS
CIVIL
RELIEF
ACT
PROTECTIONS
UNAFFECTED.—Nothing in this section may be construed to limit
or otherwise affect the applicability of section 207 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 527).
‘‘(h) REGULATIONS.—(1) The Secretary of Defense shall prescribe
regulations to carry out this section.
‘‘(2) Such regulations shall establish the following:
‘‘(A) Disclosures required of any creditor that extends con-
sumer credit to a covered member or dependent of such a
member.
‘‘(B) The method for calculating the applicable annual
percentage rate of interest on such obligations, in accordance
with the limit established under this section.
‘‘(C) A maximum allowable amount of all fees, and the
types of fees, associated with any such extension of credit,
to be expressed and disclosed to the borrower as a total amount
and as a percentage of the principal amount of the obligation,
at the time at which the transaction is entered into.
‘‘(D) Definitions of ‘creditor’ under paragraph (5) and ‘con-
sumer credit’ under paragraph (6) of subsection (i), consistent
with the provisions of this section.
‘‘(E) Such other criteria or limitations as the Secretary
of Defense determines appropriate, consistent with the provi-
sions of this section.
‘‘(3) In prescribing regulations under this subsection, the Sec-
retary of Defense shall consult with the following:
‘‘(A) The Federal Trade Commission.
‘‘(B) The Board of Governors of the Federal Reserve System.
‘‘(C) The Office of the Comptroller of the Currency.
‘‘(D) The Federal Deposit Insurance Corporation.
‘‘(E) The Office of Thrift Supervision.
‘‘(F) The National Credit Union Administration.
‘‘(G) The Treasury Department.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) COVERED MEMBER.—The term ‘covered member’ means
a member of the armed forces who is—
‘‘(A) on active duty under a call or order that does
not specify a period of 30 days or less; or
‘‘(B) on active Guard and Reserve Duty.
‘‘(2) DEPENDENT.—The term ‘dependent’, with respect to
a covered member, means—
‘‘(A) the member’s spouse;
‘‘(B) the member’s child (as defined in section 101(4)
of title 38); or
‘‘(C) an individual for whom the member provided more
than one-half of the individual’s support for 180 days imme-
diately preceding an extension of consumer credit covered
by this section.
‘‘(3) INTEREST.—The term ‘interest’ includes all cost ele-
ments associated with the extension of credit, including fees,
service charges, renewal charges, credit insurance premiums,
any ancillary product sold with any extension of credit to a
servicemember 
or 
the 
servicemember’s 
dependent, 
as
applicable, and any other charge or premium with respect
to the extension of consumer credit.
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PUBLIC LAW 109–364—OCT. 17, 2006
‘‘(4) ANNUAL PERCENTAGE RATE.—The term ‘annual percent-
age rate’ has the same meaning as in section 107 of the Truth
and Lending Act (15 U.S.C. 1606), as implemented by regula-
tions of the Board of Governors of the Federal Reserve System.
For purposes of this section, such term includes all fees and
charges, including charges and fees for single premium credit
insurance and other ancillary products sold in connection with
the credit transaction, and such fees and charges shall be
included in the calculation of the annual percentage rate.
‘‘(5) CREDITOR.—The term ‘creditor’ means a person—
‘‘(A) who—
‘‘(i) is engaged in the business of extending con-
sumer credit; and
‘‘(ii) meets such additional criteria as are specified
for such purpose in regulations prescribed under this
section; or
‘‘(B) who is an assignee of a person described in
subparagraph (A) with respect to any consumer credit
extended.
‘‘(6) CONSUMER CREDIT.—The term ‘consumer credit’ has
the meaning provided for such term in regulations prescribed
under this section, except that such term does not include
(A) a residential mortgage, or (B) a loan procured in the course
of purchasing a car or other personal property, when that
loan is offered for the express purpose of financing the purchase
and is secured by the car or personal property procured.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such title is amended by adding at the end the following
new item:
‘‘987. Terms of consumer credit extended to members and dependents: limitations.’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2), sec-
tion 987 of title 10, United States Code, as added by subsection
(a), shall take effect on October 1, 2007, or on such earlier
date as may be prescribed by the Secretary of Defense, and
shall apply with respect to extensions of consumer credit on
or after such effective date.
(2) AUTHORITY TO PRESCRIBE REGULATIONS.—Subsection (h)
of such section shall take effect on the date of the enactment
of this Act.
(3) PUBLICATION OF EARLIER EFFECTIVE DATE.—If the Sec-
retary of Defense prescribes an effective date for section 987
of title 10, United States Code, as added by subsection (a),
earlier than October 1, 2007, the Secretary shall publish that
date in the Federal Register. Such publication shall be made
not less than 90 days before that earlier effective date.
(d) INTERIM REGULATIONS.—The Secretary of Defense may pre-
scribe interim regulations as necessary to carry out such section.
For the purpose of prescribing such interim regulations, the Sec-
retary is excepted from compliance with the notice-and-comment
requirements of section 553 of title 5, United States Code. All
interim rules prescribed under the authority of this subsection
that are not earlier superseded by final rules shall expire no later
than 270 days after the effective date of section 987 of title 10,
United States Code, as added by this section.
Expiration date.
10 USC 987 note.
Deadline.
Federal Register,
publication.
10 USC 987 note.
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SEC. 671. ENHANCEMENT OF AUTHORITY TO WAIVE CLAIMS FOR OVER-
PAYMENT OF PAY AND ALLOWANCES AND TRAVEL AND
TRANSPORTATION ALLOWANCES.
(a) MAXIMUM
WAIVER
AMOUNT; TIME
FOR
EXERCISE
OF
AUTHORITY.—Section 2774 of title 10, United States Code, is
amended—
(1) in subsection (a)(2)(A), by striking ‘‘$1,500’’ and
inserting ‘‘$10,000’’; and
(2) in subsection (b)(2), by striking ‘‘three years’’ and
inserting ‘‘five years’’.
(b) CONFORMING AMENDMENTS REGARDING NATIONAL GUARD.—
Section 716 of title 32, United States Code, is amended—
(1) in subsection (a)(2)(A), by striking ‘‘$1,500’’ and
inserting ‘‘$10,000’’; and
(2) in subsection (b)(2), by striking ‘‘three years’’ and
inserting ‘‘five years’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on March 1, 2007.
SEC. 672. EXCEPTION FOR NOTICE TO CONSUMER REPORTING AGEN-
CIES REGARDING DEBTS OR ERRONEOUS PAYMENTS
PENDING A DECISION TO WAIVE, REMIT, OR CANCEL.
(a) EXCEPTION.—Section 2780(b) of title 10, United States Code,
is amended—
(1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) Except
as provided in paragraph (2), the Secretary of Defense’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) No disclosure shall be made under paragraph (1) with
respect to an indebtedness while a decision regarding waiver of
collection of the indebtedness is pending under section 2774 of
this title or section 716 of title 32, or while a decision regarding
remission or cancellation of the indebtedness is pending under
section 4837, 6161, or 9837 of this title, unless the Secretary con-
cerned (as defined in section 101(5) of title 37) determines that
disclosure under that paragraph pending such decision is in the
best interests of the United States.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall take effect on March 1, 2007.
(2) APPLICATION TO PRIOR ACTIONS.—Paragraph (2) of sec-
tion 2780(b) of title 10, United States Code, as added by sub-
section (a), shall not be construed to apply to or invalidate
any action taken under such section before March 1, 2007.
(c) REPORT.—Not later than March 1, 2007, the Secretary of
Defense shall submit to the congressional defense committees a
report on the requirement in section 2780(b) of title 10, United
States Code, to disclose to consumer reporting agencies in accord-
ance with section 3711 of title 31, United States Code, information
concerning certain indebtedness owed to the United States. The
report shall include the following:
(1) The total number of members of the Armed Forces
whose indebtedness has been disclosed to consumer reporting
agencies under section 2780(b), United States Code, during
the period beginning on January 1, 2003, and ending on June
30, 2006.
(2) The circumstances under which a decision to recover
the indebtedness was made, rather than a decision to waive,
10 USC 2780
note.
10 USC 2774
note.
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remit, or cancel the indebtedness under the provisions of law
referred to in paragraph (2) of such section, as added by sub-
section (a), and the title of the person who made the decision.
(3) The cost of contracts for collection services to recover
indebtedness owed to the United States that is delinquent.
(4) An evaluation of whether or not such contracts, and
the practice of disclosing to consumer reporting agencies the
identity of members of the Armed Forces who owe a delinquent
debt to the United States, has been effective in reducing indebt-
edness to the United States.
(5) Such recommendations as the Secretary considers
appropriate regarding the continuing disclosure of such
information with respect to members of the Armed Forces.
SEC. 673. EXPANSION AND ENHANCEMENT OF AUTHORITY TO REMIT
OR CANCEL INDEBTEDNESS OF MEMBERS AND FORMER
MEMBERS OF THE ARMED FORCES INCURRED ON ACTIVE
DUTY.
(a) DEPARTMENT OF THE ARMY.—
(1) COVERAGE OF ALL MEMBERS AND FORMER MEMBERS.—
Subsection (a) of section 4837 of title 10, United States Code,
is amended by striking ‘‘of a member’’ and all that follows
through ‘‘on active duty’’ and inserting ‘‘of a person to the
United States or any instrumentality of the United States
incurred while the person was serving on active duty as a
member of the Army’’.
(2) REPEAL
OF
LIMITATION
ON
TIME
FOR
EXERCISE
OF
AUTHORITY.—Such section is further amended—
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as sub-
sections (b) and (c), respectively.
(3) REPEAL
OF
TERMINATION
OF
MODIFIED
AUTHORITY.—
Paragraph (3) of section 683(a) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109–163;
119 Stat. 3322; 10 U.S.C. 4837 note) is repealed.
(b) DEPARTMENT OF THE NAVY.—
(1) COVERAGE OF ALL MEMBERS AND FORMER MEMBERS.—
Section 6161 of title 10, United States Code, is amended by
striking ‘‘of a member’’ and all that follows through ‘‘on active
duty’’ and inserting ‘‘of a person to the United States or any
instrumentality of the United States incurred while the person
was serving on active duty as a member of the naval service’’.
(2) REPEAL
OF
LIMITATION
ON
TIME
FOR
EXERCISE
OF
AUTHORITY.—Such section is further amended—
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as sub-
sections (b) and (c), respectively.
(3) REPEAL
OF
TERMINATION
OF
MODIFIED
AUTHORITY.—
Paragraph (3) of section 683(b) of the National Defense
Authorization Act for Fiscal Year 2006 (119 Stat. 3323; 10
U.S.C. 6161 note) is repealed.
(c) DEPARTMENT OF THE AIR FORCE.—
(1) COVERAGE OF ALL MEMBERS AND FORMER MEMBERS.—
Subsection (a) of section 9837 of title 10, United States Code,
is amended by striking ‘‘of a member’’ and all that follows
through ‘‘on active duty’’ and inserting ‘‘of a person to the
United States or any instrumentality of the United States
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incurred while the person was serving on active duty as a
member of the Air Force’’.
(2) REPEAL
OF
LIMITATION
ON
TIME
FOR
EXERCISE
OF
AUTHORITY.—Such section is further amended—
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as sub-
sections (b) and (c), respectively.
(3) REPEAL
OF
TERMINATION
OF
MODIFIED
AUTHORITY.—
Paragraph (3) of section 683(c) of the National Defense
Authorization Act for Fiscal Year 2006 (119 Stat. 3324; 10
U.S.C. 9837 note) is repealed.
(d) DEADLINE
FOR REGULATIONS.—The Secretary of Defense
shall prescribe the regulations required for purposes of sections
4837, 6161, and 9837 of title 10, United States Code, as amended
by this section, not later than March 1, 2007.
(e) CLARIFYING AND EDITORIAL AMENDMENTS.—
(1) SECRETARY
OF
THE
ARMY.—Subsection (a) of section
4837 of title 10, United States Code, as amended by subsection
(a)(1), is further amended—
(A) by striking ‘‘If the’’ and all that follows through
‘‘States, the Secretary’’ and inserting ‘‘The Secretary of
the Army’’; and
(B) by inserting before the period at the end ‘‘, but
only if the Secretary considers such action to be in the
best interest of the United States’’.
(2) SECRETARY
OF
THE
NAVY.—Subsection (a) of section
6161 of such title, as amended by subsection (b)(1), is further
amended—
(A) by striking ‘‘If the’’ and all that follows through
‘‘States, the Secretary’’ and inserting ‘‘The Secretary of
the Navy’’; and
(B) by inserting before the period at the end ‘‘, but
only if the Secretary considers such action to be in the
best interest of the United States’’.
(3) SECRETARY OF THE AIR FORCE.—Subsection (a) of section
9837 of such title, as amended by subsection (c)(1), is further
amended—
(A) by striking ‘‘If the’’ and all that follows through
‘‘States, the Secretary’’ and inserting ‘‘The Secretary of
the Air Force’’; and
(B) by inserting before the period at the end ‘‘, but
only if the Secretary considers such action to be in the
best interest of the United States’’.
SEC. 674. PHASED RECOVERY OF OVERPAYMENTS OF PAY MADE TO
MEMBERS OF THE UNIFORMED SERVICES.
(a) PHASED RECOVERY REQUIRED; MAXIMUM MONTHLY INSTALL-
MENT.—Subsection (c) of section 1007 of title 37, United States
Code, is amended by adding at the end the following new paragraph:
‘‘(3) If the indebtedness of a member of the uniformed services
to the United States is due to the overpayment of pay or allowances
to the member through no fault of the member, the amount of
the overpayment shall be recovered in monthly installments. The
amount deducted from the pay of the member for a month to
recover the overpayment amount may not exceed 20 percent of
the member’s pay for that month unless the member requests
or consents to collection of the overpayment at an accelerated rate.’’.
10 USC 4837
note.
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(b) RECOVERY DELAY FOR INJURED MEMBERS.—Such subsection
is further amended by inserting after paragraph (3), as added
by subsection (a), the following new paragraph:
‘‘(4) If a member of the uniformed services is injured or wounded
under the circumstances described in section 310(a)(2)(C) of this
title or, while in the line of duty, incurs a wound, injury, or illness
in a combat operation or combat zone designated by the Secretary
of Defense, any overpayment of pay or allowances made to the
member while the member recovers from the wound, injury, or
illness may not be deducted from the member’s pay until—
‘‘(A) the end of the 90-day period beginning on the date
on which the member is notified of the overpayment; or
‘‘(B) such earlier date as may be requested or agreed to
by the member.’’.
(c) CONFORMING AMENDMENTS.—Such subsection is further
amended—
(1) by inserting ‘‘(1)’’ before ‘‘Under regulations’’;
(2) by striking ‘‘his pay’’ both places it appears and inserting
‘‘the member’s pay’’;
(3) by striking ‘‘However, after’’ and inserting the following:
‘‘(2) After’’; and
(4) by inserting ‘‘by a member of the uniformed services’’
after ‘‘actually received’’.
SEC. 675. JOINT FAMILY SUPPORT ASSISTANCE PROGRAM.
(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry
out a joint family support assistance program for the purpose of
providing to families of members of the Armed Forces the following
types of assistance:
(1) Financial and material assistance.
(2) Mobile support services.
(3) Sponsorship of volunteers and family support profes-
sionals for the delivery of support services.
(4) Coordination of family assistance programs and activi-
ties provided by Military OneSource, Military Family Life
Consultants, counselors, the Department of Defense, other Fed-
eral agencies, State and local agencies, and non-profit entities.
(5) Facilitation of discussion on military family assistance
programs, activities, and initiatives between and among the
organizations, agencies, and entities referred to in paragraph
(4).
(6) Such other assistance that the Secretary considers
appropriate.
(b) LOCATIONS.—The Secretary of Defense shall carry out the
program in not more than six areas of the United States selected
by the Secretary. Up to three of the areas selected for the program
shall be areas that are geographically isolated from military
installations.
(c) RESOURCES AND VOLUNTEERS.—The Secretary of Defense
shall provide personnel and other resources of the Department
of Defense necessary for the implementation and operation of the
program and may accept and utilize the services of non-Government
volunteers and non-profit entities under the program.
(d) PROCEDURES.—The Secretary of Defense shall establish
procedures for the operation of the program and for the provision
of assistance to families of members of the Armed Forces under
the program.
10 USC 1781
note.
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(e) RELATION TO FAMILY SUPPORT CENTERS.—The program is
not intended to operate in lieu of existing family support centers,
but is instead intended to augment the activities of the family
support centers.
(f) IMPLEMENTATION PLAN.—
(1) PLAN REQUIRED.—Not later than 90 days after the date
on which funds are first obligated for the program, the Sec-
retary of Defense shall submit to the congressional defense
committees a report setting forth a plan for the implementation
of the program.
(2) ELEMENTS.—The plan required under paragraph (1)
shall include the following:
(A) A description of the actions taken to select the
areas in which the program will be conducted.
(B) A description of the procedures established under
subsection (d).
(C) A review of proposed actions to be taken under
the program to improve coordination of family assistance
program and activities between and among the Department
of Defense, other Federal agencies, State and local agencies,
and non-profit entities.
(g) REPORT.—
(1) REPORT REQUIRED.—Not later than 270 days after the
date on which funds are first obligated for the program, the
Secretary of Defense shall submit to the congressional defense
committees a report on the program.
(2) ELEMENTS.—The report shall include the following:
(A) A description of the program, including the areas
in which the program is conducted, the procedures estab-
lished under subsection (d) for operation of the program,
and the assistance provided through the program for fami-
lies of members of the Armed Forces.
(B) An assessment of the effectiveness of the program
in providing assistance to families of members of the Armed
Forces.
(C) An assessment of the advisability of extending
the program or making it permanent.
(h) DURATION.—The authority to carry out the program shall
expire at the end of the three-year period beginning on the date
on which funds are first obligated for the program.
SEC. 676. SPECIAL WORKING GROUP ON TRANSITION TO CIVILIAN
EMPLOYMENT OF NATIONAL GUARD AND RESERVE MEM-
BERS RETURNING FROM DEPLOYMENT IN OPERATION
IRAQI FREEDOM OR OPERATION ENDURING FREEDOM.
(a) WORKING GROUP REQUIRED.—The Secretary of Defense shall
establish within the Department of Defense a working group to
identify and assess the needs of members of the National Guard
and Reserve returning from deployment in Operation Iraqi Freedom
or Operation Enduring Freedom in making the transition to civilian
employment on their return from such deployment.
(b) MEMBERS.—
(1) APPOINTMENT.—Subject to paragraph (2), the Secretary
of Defense shall appoint the members of the working group.
The Secretary of Defense shall attempt to achieve a balance
of members on the working group from among employees of
the following agencies:
Establishment.
Deadline.
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(A) The Department of Defense.
(B) The Department of Veterans Affairs.
(C) The Department of Labor.
(2) CONCURRENCE.—The appointment of employees of the
Department of Veterans Affairs and the Department of Labor
under paragraph (1) shall be subject to the concurrence of
the Secretary of Veterans Affairs and the Secretary of Labor,
respectively.
(c) RESPONSIBILITIES.—The working group shall—
(1) identify and assess the needs of members of the National
Guard and Reserve returning from deployment in Operation
Iraqi Freedom or Operation Enduring Freedom in making the
transition to civilian employment on their return from deploy-
ment, including the needs of—
(A) members who were self-employed before deploy-
ment and seek to return to such employment after deploy-
ment;
(B) members who were students before deployment
and seek to return to school or commence employment
after deployment;
(C) members who have experienced multiple recent
deployments; and
(D) members who have been wounded or injured during
deployment;
(2) identify and assess the extent to which such members
receive promotions on their return from deployment in Oper-
ation Iraqi Freedom or Operation Enduring Freedom or experi-
ence constructive termination by their employers as a result
of such deployment; and
(3) develop recommendations on means of improving assist-
ance to such members in meeting the needs identified in para-
graph (1) on their return from deployment in Operation Iraqi
Freedom or Operation Enduring Freedom.
(d) CONSULTATION.—In carrying out its responsibilities under
subsection (c), the working group shall consult with the following:
(1) Employees of the Small Business Administration.
(2) Representatives of employers that employ, and associa-
tions of employers whose members employ, members of the
National Guard and Reserve deployed in Operation Iraqi
Freedom or Operation Enduring Freedom.
(3) Representatives of employee assistance organizations.
(4) Representatives of organizations that assist wounded
or injured members of the National Guard and Reserves in
finding or sustaining employment.
(5) Representatives of such other public or private organiza-
tions and entities as the working group considers appropriate.
(e) REPORT.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the working group established
under subsection (a) shall submit to the Secretary of Defense
and Congress a report on its activities under subsection (c).
(2) ELEMENTS.—The report shall include the following:
(A) The results of the identifications and assessments
required under subsection (c).
(B) The recommendations developed under subsection
(c)(3), including recommendations on the following:
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(i) The provision of outreach and training to
employers, employment assistance organizations, and
associations of employers on the employment and
transition needs of members of the National Guard
and Reserve returning from deployment in Operation
Iraqi Freedom or Operation Enduring Freedom.
(ii) The provision of outreach and training to
employers, employment assistance organizations, and
associations of employers on the needs of family mem-
bers of such members.
(iii) The improvement of collaboration between the
public and private sectors in order to ensure the
successful transition of such members into civilian
employment upon their return from such deployment.
(3) AVAILABILITY
TO
PUBLIC.—The Secretary shall take
appropriate actions to make the report available to the public,
including through the Internet website of the Department of
Defense.
(f) TERMINATION.—The working group shall terminate on the
date that is two years after the date of the enactment of this
Act.
(g) EMPLOYMENT ASSISTANCE ORGANIZATION DEFINED.—In this
section, the term ‘‘employment assistance organization’’ means an
organization or entity, whether public or private, that provides
assistance to individuals in finding or retaining employment,
including organizations and entities under military career support
programs.
SEC. 677. AUDIT OF PAY ACCOUNTS OF MEMBERS OF THE ARMY
EVACUATED FROM A COMBAT ZONE FOR INPATIENT CARE.
(a) AUDIT REQUIRED.—The Secretary of the Army shall conduct
a complete audit of the pay accounts of each member of the Army
wounded or injured in a combat zone who was evacuated from
a theater of operations for inpatient care during the period begin-
ning on May 1, 2005, and ending on April 30, 2006.
(b) REPORT ON RESULTS OF AUDIT.—
(1) REPORT REQUIRED.—Not later than 120 days after the
date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees a report on the audit
conducted under subsection (a).
(2) IDENTIFICATION OF MEMBERS.—The report shall include
a list of each member of the Army described in subsection
(a) identified, in a manner that protects the privacy of the
members, by—
(A) the date of the wound or injury that is the basis
for the inclusion of the member on the list; and
(B) the grade of the member and unit designation
as of that date.
(3) ADDITIONAL
REPORT
ELEMENTS.—For each member
included on the list prepared under paragraph (2), the report
shall include the following:
(A) A statement of any underpayment of each of any
pay, allowance, or other monetary benefit to which the
member was entitled during the period beginning on the
date on which the wound or injury was incurred and ending
on April 30, 2006, including basic pay, hazardous duty
pay, imminent danger pay, basic allowance for housing,
Internet.
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basic allowance for subsistence, any family separation
allowance, any tax exclusion for combat duty, and any
other pay, allowance, or monetary benefit to which such
member was entitled during such period.
(B) A statement of any disbursements made to correct
underpayments made to the member, as identified under
subparagraph (A).
(C) A statement of any debts to the United States
collected or pending collection from the member.
(D) A statement of any reimbursements or debt relief
granted to the member for a debt identified under subpara-
graph (C).
(E) If the member has applied to the United States
for a relief of debt—
(i) a description of the nature of the debt for which
relief was applied; and
(ii) a description of the disposition of the applica-
tion, including—
(I) if relief was granted, the date of disburse-
ment of relief; and
(II) if relief was denied, the reasons for the
denial of relief.
(F) A report of any referral of the member to a collec-
tion or credit agency.
(4) FORM OF REPORT.—The report shall be submitted in
unclassified form, but may include a classified annex.
SEC. 678. REPORT ON ELIGIBILITY AND PROVISION OF ASSIGNMENT
INCENTIVE PAY.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to Congress a
report—
(1) specifying the number of members of the Army National
Guard and the Army Reserve adversely affected by the dis-
parate treatment afforded to members who previously served
under a call or order to active duty under section 12304 of
title 10, United States Code, in determining eligibility for
assignment incentive pay; and
(2) containing proposed remedies or courses of action to
correct this disparity, including allowing time served during
a call or order to active duty under such section 12304 to
count toward the time needed to qualify for assignment incen-
tive pay.
SEC. 679. SENSE OF CONGRESS CALLING FOR PAYMENT TO WORLD
WAR II VETERANS WHO SURVIVED BATAAN DEATH MARCH.
(a) CALL
FOR APPROPRIATE COMPENSATION.—It is the sense
of Congress that—
(1) there should be paid to each living Bataan Death March
survivor an appropriate amount of compensation in recognition
of their captivity during World War II; and
(2) in the case of a Bataan Death March survivor who
is deceased, but who has an unremarried surviving spouse,
such compensation should be paid to that surviving spouse.
(b) BATAAN DEATH MARCH SURVIVOR.—In this section, the term
‘‘Bataan Death March survivor’’ means an individual who as a
member of the Armed Forces during World War II was captured
on the peninsula of Bataan or island of Corregidor in the territory
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of the Philippines by Japanese forces and participated in and sur-
vived the Bataan Death March.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE Program Improvements
Sec. 701. TRICARE coverage for forensic examination following sexual assault or
domestic violence.
Sec. 702. Authorization of anesthesia and other costs for dental care for children
and certain other patients.
Sec. 703. Improvements to descriptions of cancer screening for women.
Sec. 704. Prohibition on increases in certain health care costs for members of the
uniformed services.
Sec. 705. Demonstration project on coverage of selected over-the-counter drugs
under the pharmacy benefits program.
Sec. 706. Expanded eligibility of Selected Reserve members under TRICARE pro-
gram.
Sec. 707. Relationship between the TRICARE program and employer-sponsored
group health care plans.
Sec. 708. Temporary prohibition on increase in copayments under retail pharmacy
system of pharmacy benefits program.
Subtitle B—Studies and Reports
Sec. 711. Department of Defense task force on the future of military health care.
Sec. 712. Study relating to chiropractic health care services.
Sec. 713. Comptroller General audits of Department of Defense health care costs
and cost-saving measures.
Sec. 714. Transfer of custody of the Air Force Health Study assets to Medical Fol-
low-up Agency.
Sec. 715. Study on allowing dependents of activated members of reserve compo-
nents to retain civilian health care coverage.
Sec. 716. Study of health effects of exposure to depleted uranium.
Sec. 717. Report and plan on services to military dependent children with autism.
Sec. 718. Comptroller General study on Department of Defense pharmacy benefits
program.
Sec. 719. Review of Department of Defense medical quality improvement program.
Sec. 720. Report on distribution of hemostatic agents for use in the field.
Sec. 721. Longitudinal study on traumatic brain injury incurred by members of the
Armed Forces in Operation Iraqi Freedom and Operation Enduring
Freedom.
Subtitle C—Planning, Programming, and Management
Sec. 731. Standardization of claims processing under TRICARE program and Medi-
care program.
Sec. 732. Requirements for support of military treatment facilities by civilian con-
tractors under TRICARE.
Sec. 733. Standards and tracking of access to health care services for wounded, in-
jured, or ill servicemembers returning to the United States from a com-
bat zone.
Sec. 734. Disease and chronic care management.
Sec. 735. Additional elements of assessment of Department of Defense task force on
mental health relating to mental health of members who were deployed
in Operation Iraqi Freedom and Operation Enduring Freedom.
Sec. 736. Additional authorized option periods for extension of current contracts
under TRICARE.
Sec. 737. Military vaccination matters.
Sec. 738. Enhanced mental health screening and services for members of the
Armed Forces.
Subtitle D—Other Matters
Sec. 741. Pilot projects on early diagnosis and treatment of post traumatic stress
disorder and other mental health conditions.
Sec. 742. Requirement to certify and report on conversion of military medical and
dental positions to civilian medical and dental positions.
Sec. 743. Three-year extension of joint incentives program on sharing of health care
resources by the Department of Defense and Department of Veterans
Affairs.
Sec. 744. Training curricula for family caregivers on care and assistance for mem-
bers and former members of the Armed Forces with traumatic brain in-
jury.
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PUBLIC LAW 109–364—OCT. 17, 2006
Sec. 745. Recognition of Representative Lane Evans upon his retirement from the
House of Representatives.
Subtitle A—TRICARE Program
Improvements
SEC. 701. TRICARE COVERAGE FOR FORENSIC EXAMINATION FOL-
LOWING SEXUAL ASSAULT OR DOMESTIC VIOLENCE.
Section 1079(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(17) Forensic examinations following a sexual assault or
domestic violence may be provided.’’.
SEC. 702. AUTHORIZATION OF ANESTHESIA AND OTHER COSTS FOR
DENTAL CARE FOR CHILDREN AND CERTAIN OTHER
PATIENTS.
Paragraph (1) of section 1079(a) of title 10, United States
Code, is amended to read as follows:
‘‘(1) With respect to dental care—
‘‘(A) except as provided in subparagraph (B), only that
care required as a necessary adjunct to medical or surgical
treatment may be provided; and
‘‘(B) in connection with dental treatment for patients
with developmental, mental, or physical disabilities or for
pediatric patients age 5 or under, only institutional and
anesthesia services may be provided.’’.
SEC. 703. IMPROVEMENTS TO DESCRIPTIONS OF CANCER SCREENING
FOR WOMEN.
(a) TERMS RELATED TO PRIMARY AND PREVENTIVE HEALTH CARE
SERVICES FOR WOMEN.—Section 1074d of title 10, United States
Code, is amended—
(1) in subsection (a)(1), by adding at the end the following
new sentence: ‘‘The services described in paragraphs (1) and
(2) of subsection (b) shall be provided under such procedures
and at such intervals as the Secretary of Defense shall pre-
scribe.’’; and
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘Papanicolaou tests
(pap smear)’’ and inserting ‘‘Cervical cancer screening’’;
and
(B) in paragraph (2), by striking ‘‘Breast examinations
and 
mammography’’ 
and 
inserting 
‘‘Breast 
cancer
screening’’.
(b) TERMS RELATED TO CONTRACTS FOR MEDICAL CARE FOR
SPOUSES
AND
CHILDREN.—Section 1079(a)(2) of such title is
amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘the schedule of pap smears and mammograms’’ and inserting
‘‘the schedule and method of cervical cancer screenings and
breast cancer screenings’’; and
(2) in subparagraph (B), by striking ‘‘pap smears and
mammograms’’ and inserting ‘‘cervical and breast cancer
screenings’’.
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SEC. 704. PROHIBITION ON INCREASES IN CERTAIN HEALTH CARE
COSTS FOR MEMBERS OF THE UNIFORMED SERVICES.
(a) PROHIBITION ON INCREASE IN CHARGES UNDER CONTRACTS
FOR MEDICAL CARE.—Section 1097(e) of title 10, United States
Code, is amended by adding at the end the following: ‘‘A premium,
deductible, copayment, or other charge prescribed by the Secretary
under this subsection may not be increased during the period begin-
ning on April 1, 2006, and ending on September 30, 2007.’’.
(b) PROHIBITION
ON INCREASE
IN CHARGES
FOR INPATIENT
CARE.—Section 1086(b)(3) of title 10, United States Code, is
amended by inserting after ‘‘charges for inpatient care’’ the fol-
lowing: ‘‘, except that in no case may the charges for inpatient
care for a patient exceed $535 per day during the period beginning
on April 1, 2006, and ending on September 30, 2007.’’.
(c) PROHIBITION ON INCREASE IN PREMIUMS UNDER TRICARE
COVERAGE FOR CERTAIN MEMBERS IN THE SELECTED RESERVE.—
Section 1076d(d)(3) of title 10, United States Code, is amended
by adding at the end the following: ‘‘During the period beginning
on April 1, 2006, and ending on September 30, 2007, the monthly
amount of the premium may not be increased above the amount
in effect for the month of March 2006.’’.
(d) PROHIBITION ON INCREASE IN PREMIUMS UNDER TRICARE
COVERAGE
FOR
MEMBERS
OF
THE
READY
RESERVE.—Section
1076b(e)(3) of title 10, United States Code, is amended by adding
at the end the following: ‘‘During the period beginning on April
1, 2006, and ending on September 30, 2007, the monthly amount
of a premium under paragraph (2) may not be increased above
the amount in effect for the first month health care is provided
under this section as amended by Public Law 109–163.’’.
SEC. 705. DEMONSTRATION PROJECT ON COVERAGE OF SELECTED
OVER-THE-COUNTER 
DRUGS 
UNDER 
THE 
PHARMACY
BENEFITS PROGRAM.
(a) REQUIREMENT
TO CONDUCT DEMONSTRATION.—The Sec-
retary of Defense shall conduct a demonstration project under sec-
tion 1092 of title 10, United States Code, to allow particular over-
the-counter drugs to be included on the uniform formulary under
section 1074g of such title.
(b) ELEMENTS OF DEMONSTRATION PROJECT.—
(1) INCLUSION OF CERTAIN OVER-THE-COUNTER DRUGS.—(A)
As part of the demonstration project, the Secretary shall modify
uniform formulary specifications under section 1074g(a) of such
title to include an over-the-counter drug (referred to in this
section as an ‘‘OTC drug’’) on the uniform formulary if the
Pharmacy and Therapeutics Committee finds that the OTC
drug is cost-effective and therapeutically equivalent to a
prescription drug. If the Pharmacy and Therapeutics Committee
makes such a finding, the OTC drug shall be considered to
be in the same therapeutic class of pharmaceutical agents
as the prescription drug.
(B) An OTC drug shall be made available to a beneficiary
through the demonstration project, but only if—
(i) the beneficiary has a prescription for a drug
requiring a prescription; and
(ii) pursuant to subparagraph (A), the OTC drug—
(I) is on the uniform formulary; and
10 USC 1074g
note.
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(II) has been determined to be therapeutically
equivalent to the prescription drug.
(2) CONDUCT THROUGH MILITARY FACILITIES, RETAIL PHAR-
MACIES, OR MAIL ORDER PROGRAM.—The Secretary shall conduct
the demonstration project through at least two of the means
described in subparagraph (E) of section 1074g(a)(2)(E) of such
title through which OTC drugs are provided and may conduct
the demonstration project throughout the entire pharmacy
benefits program or at a limited number of sites. If the project
is conducted at a limited number of sites, the number of sites
shall be not less than five in each TRICARE region for each
of the two means described in such subparagraph.
(3) PERIOD OF DEMONSTRATION.—The Secretary shall pro-
vide for conducting the demonstration project for a period of
time necessary to evaluate the feasibility and cost effectiveness
of the demonstration. Such period shall be at least as long
as the period covered by pharmacy contracts in existence on
the date of the enactment of this Act (including any extensions
of the contracts), or five years, whichever is shorter.
(4) IMPLEMENTATION
DEADLINE.—Implementation of the
demonstration project shall begin not later than May 1, 2007.
(c) EVALUATION OF DEMONSTRATION PROJECT.—The Secretary
shall evaluate the demonstration project for the following:
(1) The costs and benefits of providing OTC drugs under
the pharmacy benefits program in each of the means chosen
by the Secretary to conduct the demonstration project.
(2) The clinical effectiveness of providing OTC drugs under
the pharmacy benefits program.
(3) Customer satisfaction with the demonstration project.
(d) REPORT.—Not later than two years after implementation
of the demonstration project begins, the Secretary shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the demonstration project. The report
shall contain—
(1) the evaluation required by subsection (c);
(2) recommendations for improving the provision of OTC
drugs under the pharmacy benefits program; and
(3) recommendations on whether permanent authority
should be provided to cover OTC drugs under the pharmacy
benefits program.
(e) CONTINUATION OF DEMONSTRATION PROJECT.—If the Sec-
retary recommends in the report under subsection (d) that perma-
nent authority should be provided, the Secretary may continue
the demonstration project for up to one year after submitting the
report.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘drug’’ means a drug, including a biological
product, within the meaning of section 1074g(f)(2) of title 10,
United States Code.
(2) The term ‘‘OTC drug’’ has the meaning indicated for
such term in subsection (b)(1)(A).
(3) The term ‘‘over-the-counter drug’’ means a drug that
is not subject to section 503(b) of the Federal Food, Drug,
and Cosmetic Act.
(4) The term ‘‘prescription drug’’ means a drug that is
subject to section 503(b) of the Federal Food, Drug, and Cos-
metic Act.
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SEC. 706. EXPANDED ELIGIBILITY OF SELECTED RESERVE MEMBERS
UNDER TRICARE PROGRAM.
(a) GENERAL ELIGIBILITY.—Subsection (a) of section 1076d of
title 10, United States Code, is amended—
(1) by striking ‘‘(a) ELIGIBILITY.—A member’’ and inserting
‘‘(a) ELIGIBILITY.—(1) Except as provided in paragraph (2), a
member’’;
(2) by striking ‘‘after the member completes’’ and all that
follows through ‘‘one or more whole years following such date’’;
and
(3) by adding at the end the following new paragraph:
‘‘(2) Paragraph (1) does not apply to a member who is enrolled,
or is eligible to enroll, in a health benefits plan under chapter
89 of title 5.’’.
(b) CONDITION FOR TERMINATION OF ELIGIBILITY.—Subsection
(b) of such section is amended—
(1) by striking ‘‘(b) PERIOD OF COVERAGE.—(1) TRICARE
Standard’’ and all that follows through ‘‘(4) Eligibility’’ and
inserting ‘‘(b) TERMINATION OF ELIGIBILITY UPON TERMINATION
OF SERVICE.—Eligibility’’; and
(2) by striking paragraph (5).
(c) CONFORMING AMENDMENTS.—
(1) Such section is further amended—
(A) by striking subsection (e);
(B) by redesignating subsection (g) as subsection (e)
and transferring such subsection within such section so
as to appear following subsection (d); and
(C) by striking paragraph (3) of subsection (f).
(2) The heading for such section is amended to read as
follows:
‘‘§ 1076d. TRICARE program: TRICARE standard coverage
for members of the Selected Reserve’’.
(d) REPEAL OF OBSOLETE PROVISION.—Effective October 1, 2007,
section 1076b of title 10, United States Code, is repealed.
(e) CLERICAL AMENDMENTS.—Effective October 1, 2007, the
table of sections at the beginning of chapter 55 of title 10, United
States Code, is amended—
(1) by striking the item relating to section 1076b; and
(2) by striking the item relating to section 1076d and
inserting the following:
‘‘1076d. TRICARE program: TRICARE Standard coverage for members of the Se-
lected Reserve.’’.
(f) SAVINGS PROVISION.—Enrollments in TRICARE Standard
that are in effect on the day before the date of the enactment
of this Act under section 1076d of title 10, United States Code,
as in effect on such day, shall be continued until terminated after
such day under such section 1076d as amended by this section.
(g) EFFECTIVE DATE.—The Secretary of Defense shall ensure
that health care under TRICARE Standard is provided under sec-
tion 1076d of title 10, United States Code, as amended by this
section, beginning not later than October 1, 2007.
10 USC 1076d
note.
10 USC 1076d
note.
Effective date.
Effective date.
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SEC. 707. RELATIONSHIP BETWEEN THE TRICARE PROGRAM AND
EMPLOYER-SPONSORED GROUP HEALTH CARE PLANS.
(a) IN GENERAL.—Chapter 55 of title 10, United States Code,
is amended by inserting after section 1097b the following new
section:
‘‘§ 1097c. TRICARE program: relationship with employer-
sponsored group health plans
‘‘(a) PROHIBITION ON FINANCIAL INCENTIVES NOT TO ENROLL
IN A GROUP HEALTH PLAN.—(1) Except as provided in this sub-
section, the provisions of section 1862(b)(3)(C) of the Social Security
Act shall apply with respect to financial or other incentives for
a TRICARE-eligible employee not to enroll (or to terminate enroll-
ment) under a health plan which would (in the case of such enroll-
ment) be a primary plan under sections 1079(j)(1) and 1086(g)
of this title in the same manner as such section 1862(b)(3)(C)
applies to financial or other incentives for an individual entitled
to benefits under title XVIII of the Social Security Act not to
enroll (or to terminate enrollment) under a group health plan or
a large group health plan which would (in the case of enrollment)
be a primary plan (as defined in section 1862(b)(2)(A) of such
Act).
‘‘(2)(A) The Secretary of Defense may by regulation adopt such
additional exceptions to the prohibition referenced and applied
under paragraph (1) as the Secretary deems appropriate and such
paragraph (1) shall be implemented taking into account the adoption
of such exceptions.
‘‘(B) The Secretary of Defense and the Secretary of Health
and Human Services are authorized to enter into agreements for
carrying out this subsection. Any such agreement shall provide
that any expenses incurred by the Secretary of Health and Human
Services pertaining to carrying out this subsection shall be
reimbursed by the Secretary of Defense.
‘‘(C) Authorities of the Inspector General of the Department
of Defense shall be available for oversight and investigations of
responsibilities of employers and other entities under this sub-
section.
‘‘(D) Information obtained under section 1095(k) of this title
may be used in carrying out this subsection in the same manner
as information obtained under section 1862(b)(5) of the Social Secu-
rity Act may be used in carrying out section 1862(b) of such Act.
‘‘(E) Any amounts collected in carrying out paragraph (1) shall
be handled in accordance with section 1079a of this title.
‘‘(b) ELECTION OF TRICARE-ELIGIBLE EMPLOYEES TO PARTICI-
PATE IN GROUP HEALTH PLAN.—A TRICARE-eligible employee shall
have the opportunity to elect to participate in the group health
plan offered by the employer of the employee and receive primary
coverage for health care services under the plan in the same manner
and to the same extent as similarly situated employees of such
employer who are not TRICARE-eligible employees.
‘‘(c) INAPPLICABILITY TO CERTAIN EMPLOYERS.—The provisions
of this section do not apply to any employer who has fewer than
20 employees.
‘‘(d) 
RETENTION
OF
ELIGIBILITY
FOR
COVERAGE
UNDER
TRICARE.—Nothing in this section, including an election made
by a TRICARE-eligible employee under subsection (b), shall be
construed to affect, modify, or terminate the eligibility of a
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TRICARE-eligible employee or spouse of such employee for health
care or dental services under this chapter in accordance with the
other provisions of this chapter.
‘‘(e) OUTREACH.—The Secretary of Defense shall, in coordination
with the other administering Secretaries, conduct outreach to
inform covered beneficiaries who are entitled to health care benefits
under the TRICARE program of the rights and responsibilities
of such beneficiaries and employers under this section.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘employer’ includes a State or unit of local
government.
‘‘(2) The term ‘group health plan’ means a group health
plan (as that term is defined in section 5000(b)(1) of the Internal
Revenue Code of 1986 without regard to section 5000(d) of
the Internal Revenue Code of 1986).
‘‘(3) The term ‘TRICARE-eligible employee’ means a covered
beneficiary under section 1086 of this title entitled to health
care benefits under the TRICARE program.
‘‘(g) EFFECTIVE DATE.—This section shall take effect on January
1, 2008.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 55 of such title is amended by inserting after
the item relating to section 1097b the following new item:
‘‘1097c. TRICARE program: relationship with employer-sponsored group health
plans.’’.
SEC. 708. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS
UNDER RETAIL PHARMACY SYSTEM OF PHARMACY BENE-
FITS PROGRAM.
(a) TEMPORARY PROHIBITION.—During the period beginning on
October 1, 2006, and ending on September 30, 2007, the cost sharing
requirements established under paragraph (6) of section 1074g of
title 10, United States Code, for pharmaceutical agents available
through retail pharmacies covered by paragraph (2)(E)(ii) of such
section may not exceed amounts as follows:
(1) In the case of generic agents, $3.
(2) In the case of formulary agents, $9.
(3) In the case of nonformulary agents, $22.
(b) TRANSFER
OF FUNDS.—The Secretary of Defense shall
transfer $186,000,000 from the unobligated balances of the National
Defense Stockpile Transaction Fund to the Department of Defense
Medicare-Eligible Retiree Health Care Fund.
Subtitle B—Studies and Reports
SEC. 711. DEPARTMENT OF DEFENSE TASK FORCE ON THE FUTURE
OF MILITARY HEALTH CARE.
(a) REQUIREMENT
TO ESTABLISH.—The Secretary of Defense
shall establish within the Department of Defense a task force
to examine matters relating to the future of military health care.
(b) COMPOSITION.—
(1) MEMBERS.—The task force shall consist of not more
than 14 members appointed by the Secretary of Defense from
among individuals described in paragraph (2) who have dem-
onstrated expertise in the area of health care programs and
costs.
Effective date.
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(2) RANGE OF MEMBERS.—The individuals appointed to the
task force shall include—
(A) at least one member of each of the Medical Depart-
ments of the Army, Navy, and Air Force;
(B) a number of persons from outside the Department
of Defense equal to the total number of personnel from
within the Department of Defense (whether members of
the Armed Forces or civilian personnel) who are appointed
to the task force;
(C) persons who have experience in—
(i) health care actuarial forecasting;
(ii) health care program and budget development;
(iii) health care information technology;
(iv) health care performance measurement;
(v) health care quality improvement including evi-
dence-based medicine; and
(vi) women’s health;
(D) the senior medical advisor to the Chairman of
the Joint Chiefs of Staff;
(E) the Director of Defense Procurement and Acquisi-
tion Policy in the Office of the Under Secretary of Defense
for Acquisition, Technology, and Logistics;
(F) at least one member from the Defense Business
Board;
(G) at least one representative from an organization
that advocates on behalf of active duty and retired members
of the Armed Forces who has experience in health care;
and
(H) at least one member from the Institute of Medicine.
(3) INDIVIDUALS APPOINTED OUTSIDE THE DEPARTMENT OF
DEFENSE.—
(A) Individuals appointed to the task force from outside
the Department of Defense may include officers or
employees of other departments or agencies of the Federal
Government, officers or employees of State and local
governments, or individuals from the private sector.
(B) Individuals appointed to the task force from outside
the Department of Defense shall include—
(i) an officer or employee of the Department of
Veterans Affairs; and
(ii) an officer or employee of the Department of
Health and Human Services.
(4) DEADLINE
FOR
APPOINTMENT.—All appointments of
individuals to the task force shall be made not later than
90 days after the date of the enactment of this Act.
(5) CO-CHAIRS
OF
TASK
FORCE.—There shall be two co-
chairs of the task force. One of the co-chairs shall be designated
by the Secretary of Defense at the time of appointment from
among the Department of Defense personnel appointed to the
task force. The other co-chair shall be selected from among
the members appointed from outside the Department of Defense
by members so appointed.
(c) ASSESSMENT AND RECOMMENDATIONS ON THE FUTURE OF
MILITARY HEALTH CARE.—
(1) IN GENERAL.—Not later than 12 months after the date
on which all members of the task force have been appointed,
the task force shall submit to the Secretary a report containing
Reports.
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an assessment of, and recommendations for, sustaining the
military health care services being provided to members of
the Armed Forces, retirees, and their families.
(2) UTILIZATION
OF
OTHER
EFFORTS.—In preparing the
report, the task force shall take into consideration the findings
and recommendations included in the Healthcare for Military
Retirees Task Group of the Defense Business Board, previous
Government Accountability Office reports, studies and reviews
by the Assistant Secretary of Defense for Health Affairs, and
any other studies or research conducted by organizations
regarding program and organizational improvements to the
military health care system.
(3) ELEMENTS.—The assessment and recommendations
(including recommendations for legislative or administrative
action) shall include measures to address the following:
(A) Wellness initiatives and disease management pro-
grams of the Department of Defense, including health risk
tracking and the use of rewards for wellness.
(B) Education programs focused on prevention aware-
ness and patient-initiated health care.
(C) The ability to account for the true and accurate
cost of health care in the military health system.
(D) Alternative health care initiatives to manage
patient behavior and costs, including options and costs
and benefits of a universal enrollment system for all
TRICARE users.
(E) The appropriate command and control structure
within the Department of Defense and the Armed Forces
to manage the military health system.
(F) The adequacy of the military health care procure-
ment system, including methods to streamline existing
procurement activities.
(G) The appropriate mix of military and civilian per-
sonnel to meet future readiness and high-quality health
care service requirements.
(H) The beneficiary and Government cost sharing
structure required to sustain military health benefits over
the long term.
(I) Programs focused on managing the health care
needs of Medicare-eligible military beneficiaries.
(J) Efficient and cost effective contracts for health care
support and staffing services, including performance-based
requirements for health care provider reimbursement.
(d) ADMINISTRATIVE MATTERS.—
(1) COMPENSATION.—Each member of the task force who
is a member of the Armed Forces or a civilian officer or
employee of the United States shall serve without compensation
(other than compensation to which entitled as a member of
the Armed Forces or an officer or employee of the United
States, as the case may be). Other members of the task force
shall be treated for purposes of section 3161 of title 5, United
States Code, as having been appointed under subsection (b)
of such section.
(2) OVERSIGHT.—The Under Secretary of Defense for Per-
sonnel and Readiness shall oversee the activities of the task
force.
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(3) ADMINISTRATIVE
SUPPORT.—The Washington Head-
quarters Services of the Department of Defense shall provide
the task force with personnel, facilities, and other administra-
tive support as necessary for the performance of the duties
of the task force.
(4) ACCESS TO FACILITIES.—The Under Secretary of Defense
for Personnel and Readiness shall, in coordination with the
Secretaries of the military departments, ensure appropriate
access by the task force to military installations and facilities
for purposes of the discharge of the duties of the task force.
(e) REPORTS.—
(1) INTERIM REPORT.—Not later than May 31, 2007, the
task force shall submit to the Secretary of Defense and the
Committees on Armed Services of the Senate and the House
of Representatives an interim report on the activities of the
task force. At a minimum, the report shall include interim
findings and recommendations regarding subsection (c)(3)(H),
particularly with regard to cost sharing under the pharmacy
benefits program.
(2) FINAL REPORT.—(A) The task force shall submit to the
Secretary of Defense a final report on its activities under this
section. The report shall include—
(i) a description of the activities of the task force;
(ii) the assessment and recommendations required by
subsection (c); and
(iii) such other matters relating to the activities of
the task force that the task force considers appropriate.
(B) Not later than 90 days after receipt of the report
under subparagraph (A), the Secretary shall transmit the report
to the Committees on Armed Services of the Senate and the
House of Representatives. The Secretary may include in the
transmittal such comments on the report as the Secretary
considers appropriate.
(f) TERMINATION.—The task force shall terminate 90 days after
the date on which the final report of the task force is transmitted
to Congress under subsection (e)(2).
SEC. 712. STUDY RELATING TO CHIROPRACTIC HEALTH CARE SERV-
ICES.
(a) STUDY REQUIRED.—
(1) GROUPS COVERED.—The Secretary of Defense shall con-
duct a study of providing chiropractic health care services and
benefits to the following groups:
(A) All members of the uniformed services on active
duty and entitled to care under section 1074(a) of title
10, United States Code.
(B) All members described in subparagraph (A) and
their eligible dependents, and all members of the Selected
Reserves and their eligible dependents.
(C) All members or former members of the uniformed
services who are entitled to retired or retainer pay or
equivalent pay and their eligible dependents.
(2) MATTERS EXAMINED.—
(A) For each group listed in subparagraphs (A), (B),
and (C) of paragraph (1), the study shall examine the
following with respect to chiropractic health care services
and benefits:
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(i) The cost of providing such services and benefits.
(ii) The feasibility of providing such services and
benefits.
(iii) An assessment of the health care benefits of
providing such services and benefits.
(iv) An estimate of the potential cost savings of
providing such services and benefits in lieu of other
medical services.
(v) The identification of existing and planned
health care infrastructure, including personnel, equip-
ment, and facilities, to accommodate the provision of
chiropractic health care services.
(B) For the members of the group listed in subpara-
graph (A) of paragraph (1), the study shall also examine
the effects of providing chiropractic health care services
and benefits—
(i) on the readiness of such members; and
(ii) on the acceleration of the return to duty of
such members following an identified injury or other
malady that can be appropriately treated with chiro-
practic health care services.
(3) SPACE AVAILABLE COSTS.—The study shall also include
a detailed analysis of the projected costs of providing chiro-
practic health care services on a space available basis in the
military treatment facilities currently providing chiropractic
care under section 702 of the Floyd D. Spence National Defense
Authorization Act of Fiscal Year 2001 (as enacted by Public
Law 106–398; 10 U.S.C. 1092 note).
(4) ELIGIBLE
DEPENDENT
DEFINED.—In this section, the
term ‘‘eligible dependent’’ has the meaning given that term
in section 1076a(k) of title 10, United States Code.
(b) REPORT REQUIRED.—Not later than March 31, 2008, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the study required under subsection (a).
SEC. 713. COMPTROLLER GENERAL AUDITS OF DEPARTMENT OF
DEFENSE HEALTH CARE COSTS AND COST-SAVING MEAS-
URES.
(a) GENERAL AUDIT REQUIRED.—
(1) IN GENERAL.—The Comptroller General of the United
States, in cooperation with the Director of the Congressional
Budget Office, shall conduct an audit of the Department of
Defense initiative to manage future medical benefits available
through the Department known as ‘‘Sustain the Benefit’’.
(2) ELEMENTS.—The audit required by paragraph (1) shall
examine the following:
(A) The basis for the calculation by the Department
of Defense of the portion of the costs of health care benefits
provided by the Department to beneficiaries that were paid
by such beneficiaries in each of 1995 and 2005, including—
(i) a comparison of the cost to the Department
of providing such benefits in each of 1995 and 2005;
(ii) the explanation for any increases in the costs
of the Department of providing such benefits between
1995 and 2005; and
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(iii) a comparison of the amounts paid, by category
of beneficiaries, for health care benefits in 1995 with
the amounts paid, by category of beneficiaries, for such
benefits in 2005.
(B) The calculations and assumptions utilized by the
Department in estimating the savings anticipated through
the implementation of proposed increases in cost-sharing
for health care benefits beginning in 2007.
(C) The average annual rate of increase, based on
inflation, of medical costs for the Department under the
Defense Health Program.
(D) The annual rate of growth in the cost of the Defense
Health Program that is attributable to inflation in the
cost of medical services over the last five years and how
such rate of growth compares with annual rates of increases
in health care premiums under the Federal Employee
Health Benefit Program and other health care programs
as well as rates of growth of other health care cost indices
over that time.
(E) The assumptions utilized by the Department in
estimating savings associated with adjustments in copay-
ments for pharmaceuticals.
(F) The costs of the administration of the Defense
Health Program and the TRICARE program for all cat-
egories of beneficiaries.
(b) AUDIT OF TRICARE RESERVE SELECT PROGRAM.—
(1) IN GENERAL.—In addition to the audit required by sub-
section (a), the Comptroller General shall conduct an audit
of the costs of the Department of Defense in implementing
the TRICARE Reserve Select Program.
(2) ELEMENTS.—The audit required by paragraph (1) shall
include an examination of the following:
(A) A comparison of the annual premium amounts
established by the Department of Defense for the TRICARE
Reserve Select Program with the actual costs of the Depart-
ment in providing benefits under that program in fiscal
years 2004 and 2005.
(B) The rate of inflation of health care costs of the
Department during fiscal years 2004 and 2005, and a
comparison of that rate of inflation with the annual
increase in premiums under the TRICARE Reserve Select
Program in January 2006.
(C) A comparison of the financial and health-care utili-
zation assumptions utilized by the Department in estab-
lishing premiums under the TRICARE Reserve Select Pro-
gram with actual experiences under that program in the
first year of the implementation of that program.
(3) TRICARE RESERVE SELECT PROGRAM DEFINED.—In this
section, the term ‘‘TRICARE Reserve Select Program’’ means
the program carried out under section 1076d of title 10, United
States Code.
(c) USE OF INDEPENDENT EXPERTS.—Notwithstanding any other
provision of law, in conducting the audits required by this section,
the Comptroller General may engage the services of appropriate
independent experts, including actuaries.
(d) REPORT.—Not later than June 1, 2007, the Comptroller
General shall submit to the congressional defense committees a
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report on the audits conducted under this section. The report shall
include—
(1) the findings of the Comptroller General as a result
of the audits; and
(2) such recommendations as the Comptroller General con-
siders appropriate in light of such findings to ensure maximum
efficiency in the administration of the health care benefits
programs of the Department of Defense.
SEC. 714. TRANSFER OF CUSTODY OF THE AIR FORCE HEALTH STUDY
ASSETS TO MEDICAL FOLLOW-UP AGENCY.
(a) TRANSFER.—
(1) NOTIFICATION OF PARTICIPANTS.—The Secretary of the
Air Force shall notify the participants of the Air Force Health
Study that the study as currently constituted is ending as
of September 30, 2006. In consultation with the Medical Follow-
up Agency (in this section referred to as the ‘‘Agency’’) of
the Institute of Medicine of the National Academy of Sciences,
the Secretary of the Air Force shall request the written consent
of the participants to transfer their data and biological speci-
mens to the Agency during fiscal year 2007 and written consent
for the Agency to maintain the data and specimens and make
them available for additional studies.
(2) COMPLETION OF TRANSFER.—Custodianship of the Air
Force Health Study shall be completely transferred to the
Agency on or before September 30, 2007. Assets to be trans-
ferred shall include electronic data files and biological speci-
mens of all the study participants.
(3) COPIES TO ARCHIVES.—The Air Force shall send paper
copies of all study documents to the National Archives.
(b) REPORT ON TRANSFER.—
(1) REQUIREMENT.—Not later than 30 days after completion
of the transfer of the assets of the Air Force Health Study
under subsection (a), the Secretary of the Air Force shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the transfer.
(2) MATTERS COVERED.—At a minimum, the report shall
include information on the number of study participants whose
data and biological specimens were not transferred, the efforts
that were taken to contact such participants, and the reasons
why the transfer of their data and specimens did not occur.
(c) DISPOSITION OF ASSETS NOT TRANSFERRED.—The Secretary
of the Air Force may not destroy any data or biological specimens
not transferred under subsection (a) until the expiration of the
one-year period following submission of the report under subsection
(b).
(d) FUNDING.—
(1) COSTS OF TRANSFER.—The Secretary of Defense shall
make available to the Air Force $850,000 for preparation,
transfer of the assets of the Air Force Health Study, and
shipment of data and specimens to the Medical Follow-up
Agency and the National Archives during fiscal year 2007 from
amounts available from the Department of Defense for that
fiscal year. The Secretary of Defense is authorized to transfer
the freezers and other physical assets assigned to the Air
Force Health Study to the Agency without charge.
Deadline.
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(2) COSTS OF COLLABORATION.—The Secretary of Defense
may reimburse the National Academy of Sciences up to
$200,000 for costs of the Medical Follow-up Agency to collabo-
rate with the Air Force in the transfer and receipt of the
assets of the Air Force Health Study to the Agency during
fiscal year 2007 from amounts available from the Department
of Defense for that fiscal year.
SEC. 715. STUDY ON ALLOWING DEPENDENTS OF ACTIVATED MEM-
BERS OF RESERVE COMPONENTS TO RETAIN CIVILIAN
HEALTH CARE COVERAGE.
(a) STUDY REQUIREMENT.—The Secretary of Defense shall con-
duct a study on the feasibility of allowing family members of mem-
bers of the reserve components of the Armed Forces who are called
or ordered to active duty in support of a contingency operation
to continue health care coverage under a civilian health care pro-
gram and provide reimbursement for such health care.
(b) ELEMENTS.—The study required by subsection (a) shall
include the following:
(1) An assessment of the number of military dependents
with special health care needs (such as ongoing chemotherapy
or physical therapy) who would benefit from continued coverage
under the member’s civilian health care plan instead of
enrolling in the TRICARE program.
(2) An assessment of the feasibility of providing reimburse-
ment to the member or the sponsor of the civilian health
coverage.
(3) A recommendation on the appropriate rate of reimburse-
ment for members or sponsors of civilian health coverage.
(4) The feasibility of including dependents who do not have
access to health care providers that accept payment under
the TRICARE program.
(c) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the study required under subsection
(a).
SEC. 716. STUDY OF HEALTH EFFECTS OF EXPOSURE TO DEPLETED
URANIUM.
(a) STUDY.—The Secretary of Defense, in consultation with
the Secretary for Veterans Affairs and the Secretary of Health
and Human Services, shall conduct a comprehensive study of the
health effects of exposure to depleted uranium munitions on ura-
nium-exposed soldiers and on children of uranium-exposed soldiers
who were born after the exposure of the uranium-exposed soldiers
to depleted uranium.
(b) URANIUM-EXPOSED SOLDIERS.—In this section, the term
‘‘uranium-exposed soldiers’’ means a member or former member
of the Armed Forces who handled, came in contact with, or had
the likelihood of contact with depleted uranium munitions while
on active duty, including members and former members who—
(1) were exposed to smoke from fires resulting from the
burning of vehicles containing depleted uranium munitions or
fires at depots at which depleted uranium munitions were
stored;
(2) worked within environments containing depleted ura-
nium dust or residues from depleted uranium munitions;
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(3) were within a structure or vehicle while it was struck
by a depleted uranium munition;
(4) climbed on or entered equipment or structures struck
by a depleted uranium munition; or
(5) were medical personnel who provided initial treatment
to members of the Armed Forces described in paragraph (1),
(2), (3), or (4).
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the results of the study described in subsection
(a).
SEC. 717. REPORT AND PLAN ON SERVICES TO MILITARY DEPENDENT
CHILDREN WITH AUTISM.
(a) PLAN REQUIRED.—The Secretary of Defense shall, within
180 days after the date of the enactment of this Act, develop
a plan to provide services to military dependent children with
autism pursuant to the authority for an extended health care serv-
ices program in subsections (d) and (e) of section 1079 of title
10, United States Code. Such plan shall include—
(1) requirements for the education, training, and super-
vision of individuals providing services for military dependent
children with autism;
(2) standards for identifying and measuring the availability,
distribution, and training of individuals of various levels of
expertise to provide such services; and
(3) procedures to ensure that such services are in addition
to other publicly provided services to such children.
(b) PARTICIPATION OF AFFECTED FAMILIES.—In developing the
plan required under subsection (a), the Secretary shall ensure the
involvement and participation of affected military families or their
representatives.
(c) REPORT REQUIRED.—Not later than 30 days after completion
of the plan required under subsection (a), the Secretary shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the plan. The report may include
any additional information the Secretary considers relevant.
SEC. 718. COMPTROLLER GENERAL STUDY ON DEPARTMENT OF
DEFENSE PHARMACY BENEFITS PROGRAM.
(a) IN GENERAL.—The Comptroller General of the United States
shall conduct a study of the Department of Defense pharmacy
benefits program required by section 1074g of title 10, United
States Code.
(b) ELEMENTS.—The study required by subsection (a) shall
include an examination of the following:
(1) The cost of the Department of Defense pharmacy bene-
fits program since the inception of the program.
(2) The relative costs of various options under the program.
(3) The copayment structure under the program.
(4) The effectiveness of the rebate system under the pro-
gram as a way of passing on discounts received by the Federal
Government in the purchase of pharmaceutical agents.
(5) The uniform formulary under the program, including
the success of the formulary in achieving savings anticipated
through use of the formulary.
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(6) Various alternative means of purchasing pharma-
ceutical agents more efficiently for availability under the pro-
gram.
(7) The composition and decision-making processes of the
Pharmacy and Therapeutics Committee.
(8) The composition of the Beneficiary Advisory Panel and
its history as an advisory panel under the program (including
the frequency of the acceptance of its recommendations by
the Secretary of Defense).
(9) Quality assurance mechanisms under the program.
(10) The role of the program in support of the disease
and chronic care management programs of the Department
of Defense.
(11) Mechanisms for customer service and customer feed-
back under the program.
(12) Beneficiary satisfaction with the program.
(c) REPORT.—Not later than nine months after the date of
the enactment of this Act, the Comptroller General shall submit
to the congressional defense committees a report on the study
required by subsection (a). The report shall include such rec-
ommendations as the Comptroller General considers appropriate
for legislative or administrative action to improve the Department
of Defense pharmacy benefits program in light of the study.
SEC. 719. REVIEW OF DEPARTMENT OF DEFENSE MEDICAL QUALITY
IMPROVEMENT PROGRAM.
(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on actions taken
in response to the recommendations of the July 2001 report
of the Department of Defense Healthcare Quality Initiatives
Review Panel.
(2) MATTERS COVERED.—The report shall address the status
of actions concerning each of the Panel’s general and specific
recommendations, including the amount of resources allocated
by fiscal year to implement each recommendation. In any
instance in which no action has been taken, justification for
such inaction shall be provided in the report.
(b) REVIEW REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall enter into
a contract with the Institute of Medicine of the National
Academy of Sciences, or another similarly qualified independent
academic medical organization, for the purpose of conducting
an independent review of the Department of Defense medical
quality improvement program.
(2) ELEMENTS.—The review required pursuant to paragraph
(1) shall include the following:
(A) An assessment of the methods used by the Depart-
ment of Defense to monitor medical quality in services
provided in military hospitals and clinics and in services
provided in civilian hospitals and providers under the mili-
tary health care system.
(B) An assessment of the transparency and public
reporting mechanisms of the Department on medical
quality.
Contracts.
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(C) An assessment of how the Department incorporates
medical quality into performance measures for military
and civilian health care providers within the military
health care system.
(D) An assessment of the patient safety programs of
the Department.
(E) A description of the extent to which the Department
seeks to address particular medical errors, and an assess-
ment of the adequacy of such efforts.
(F) An assessment of accountability within the military
health care system for preventable negative outcomes
involving negligence.
(G) An assessment of the performance of the health
care safety and quality measures of the Department.
(H) An assessment of the collaboration of the Depart-
ment with national initiatives to develop evidence-based
quality measures and intervention strategies, especially
the initiatives of the Agency for Health Care Research
and Quality within the Department of Health and Human
Services.
(I) A comparison of the methods, mechanisms, and
programs and activities referred to in subparagraphs (A)
through (G) with similar methods, mechanisms, programs,
and activities used in other public and private health care
systems and organizations.
(3) REPORT.—
(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Secretary shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the review
required pursuant to paragraph (1).
(B) ELEMENTS.—The report required by subparagraph
(A) shall include the following:
(i) The results of the review required pursuant
to paragraph (1).
(ii) A discussion of recent highlights in the accom-
plishments of the Department of Defense medical
quality assurance program.
(iii) Such recommendations for legislative or
administrative action as the Secretary considers appro-
priate for the improvement of the program.
SEC. 720. REPORT ON DISTRIBUTION OF HEMOSTATIC AGENTS FOR
USE IN THE FIELD.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the distribution of hemostatic agents
to members of the Armed Forces serving in Iraq and Afghanistan,
including a description of any distribution problems and attempts
to resolve such problems.
SEC. 721. LONGITUDINAL STUDY ON TRAUMATIC BRAIN INJURY
INCURRED BY MEMBERS OF THE ARMED FORCES IN OPER-
ATION IRAQI FREEDOM AND OPERATION ENDURING
FREEDOM.
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a longitudinal study on the effects of traumatic brain injury incurred
by members of the Armed Forces serving in Operation Iraqi
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Freedom or Operation Enduring Freedom on the members who
incur such an injury and their families.
(b) DURATION.—The study required by subsection (a) shall be
conducted for a period of 15 years.
(c) ELEMENTS.—The study required by subsection (a) shall
specifically address the following:
(1) The long-term physical and mental health effects of
traumatic brain injuries incurred by members of the Armed
Forces during service in Operation Iraqi Freedom or Operation
Enduring Freedom.
(2) The health care, mental health care, and rehabilitation
needs of such members for such injuries after the completion
of inpatient treatment through the Department of Defense,
the Department of Veterans Affairs, or both.
(3) The type and availability of long-term care rehabilita-
tion programs and services within and outside the Department
of Defense and the Department of Veterans Affairs for such
members for such injuries, including community-based pro-
grams and services and in-home programs and services.
(4) The effect on family members of a member incurring
such an injury.
(d) CONSULTATION.—The Secretary of Defense shall conduct
the study required by subsection (a) and prepare the reports
required by subsection (e) in consultation with the Secretary of
Veterans Affairs.
(e) PERIODIC AND FINAL REPORTS.—After the third, seventh,
eleventh, and fifteenth years of the study required by subsection
(a), the Secretary of Defense shall submit to Congress a comprehen-
sive report on the results of the study during the preceding years.
Each report shall include the following:
(1) Current information on the cumulative outcomes of
the study.
(2) Such recommendations as the Secretary of Defense
and the Secretary of Veterans Affairs jointly consider appro-
priate based on the outcomes of the study, including rec-
ommendations for legislative, programmatic, or administrative
action to improve long-term care and rehabilitation programs
and services for members of the Armed Forces with traumatic
brain injuries.
Subtitle C—Planning, Programming, and
Management
SEC. 
731. 
STANDARDIZATION 
OF 
CLAIMS 
PROCESSING 
UNDER
TRICARE PROGRAM AND MEDICARE PROGRAM.
(a) IN GENERAL.—Effective beginning with the next contract
option period for managed care support contracts under the
TRICARE program, the claims processing requirements under the
TRICARE program on the matters described in subsection (b) shall
be identical to the claims processing requirements under the Medi-
care program on such matters.
(b) COVERED MATTERS.—The matters described in this sub-
section are as follows:
(1) The utilization of single or multiple provider identifica-
tion numbers for purposes of the payment of health care claims
by Department of Defense contractors.
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(2) The documentation required to substantiate medical
necessity for items and services that are covered under both
the TRICARE program and the Medicare program.
(c) REPORT
ON COLLECTION
OF AMOUNTS OWED.—Not later
than March 1, 2007, the Secretary of Defense shall submit to
the congressional defense committees a report setting forth a
detailed description of the following:
(1) All TRICARE policies and directives concerning collec-
tion of amounts owed to the United States pursuant to section
1095 of title 10, United States Code, from third party payers,
including—
(A) collection by military treatment facilities from
third-party payers; and
(B) collection by contractors providing managed care
support under the TRICARE program from other insurers
in cases of private insurance liability for health care costs
of a TRICARE beneficiary.
(2) An estimate of the outstanding amounts owed from
third party payers in each of fiscal years 2002, 2003, and
2004.
(3) The amounts collected from third party payers in each
of fiscal years 2002, 2003, and 2004.
(4) A plan of action to streamline the business practices
that underlie the policies and directives described in paragraph
(1).
(5) A plan of action to accelerate and increase the collections
or recoupments of amounts owed from third party payers.
(d) ANNUAL REPORTS
ON CLAIMS PROCESSING STANDARDIZA-
TION.—
(1) IN
GENERAL.—Not later than October 1, 2007, and
annually thereafter, the Secretary of Defense shall submit to
the congressional defense committees a report setting forth
a complete list of the claims processing requirements under
the TRICARE program that differ from claims processing
requirements under the Medicare program.
(2) ELEMENTS.—Each report under paragraph (1) shall
include, for each claims processing requirement listed in such
report, a business case that justifies maintaining such require-
ment under the TRICARE program as a different claims proc-
essing requirement than that required under the Medicare
program.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘Medicare program’’ means the program under
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
(2) The term ‘‘TRICARE program’’ has the meaning given
that term in section 1072(7) of title 10, United States Code.
SEC. 732. REQUIREMENTS FOR SUPPORT OF MILITARY TREATMENT
FACILITIES BY CIVILIAN CONTRACTORS UNDER TRICARE.
(a) ANNUAL INTEGRATED REGIONAL REQUIREMENTS
ON SUP-
PORT.—The Regional Director of each region under the TRICARE
program shall develop each year integrated, comprehensive require-
ments for the support of military treatment facilities in such region
that is provided by contract civilian health care and administrative
personnel under the TRICARE program.
(b) PURPOSES.—The purposes of the requirements established
under subsection (a) shall be as follows:
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(1) To ensure consistent standards of quality in the support
of military treatment facilities by contract civilian health care
personnel under the TRICARE program.
(2) To identify targeted, actionable opportunities through-
out each region of the TRICARE program for the most efficient
and cost effective delivery of health care and support of military
treatment facilities.
(3) To ensure the most effective use of various available
contracting methods in securing support of military treatment
facilities by civilian health care personnel under the TRICARE
program, including resource-sharing and clinical support agree-
ments, direct contracting, and venture capital investments.
(c) FACILITATION
AND ENHANCEMENT
OF CONTRACTOR SUP-
PORT.—
(1) IN
GENERAL.—The Secretary of Defense shall take
appropriate actions to facilitate and enhance the support of
military treatment facilities under the TRICARE program in
order to assure maximum quality and productivity.
(2) ACTIONS.—In taking actions under paragraph (1), the
Secretary shall—
(A) require consistent standards of quality for contract
civilian health care personnel providing support of military
treatment 
facilities 
under 
the 
TRICARE 
program,
including—
(i) consistent credentialing requirements among
military treatment facilities;
(ii) consistent performance standards for private
sector companies providing health care staffing services
to military treatment facilities and clinics, including,
at a minimum, those standards established for accredi-
tation of health care staffing firms by the Joint
Commission on the Accreditation of Health Care
Organizations Health Care Staffing Standards; and
(iii) additional standards covering—
(I) financial stability;
(II) medical management;
(III) continuity of operations;
(IV) training;
(V) employee retention;
(VI) access to contractor data; and
(VII) fraud prevention;
(B) ensure the availability of adequate and sustainable
funding support for projects which produce a return on
investment to the military treatment facilities;
(C) ensure that a portion of any return on investment
is returned to the military treatment facility to which such
savings are attributable;
(D) remove financial disincentives for military treat-
ment facilities and civilian contractors to initiate and sus-
tain agreements for the support of military treatment facili-
ties by such contractors under the TRICARE program;
(E) provide for a consistent methodology across all
regions of the TRICARE program for developing cost benefit
analyses of agreements for the support of military treat-
ment facilities by civilian contractors under the TRICARE
program based on actual cost and utilization data within
each region of the TRICARE program; and
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(F) provide for a system for monitoring the performance
of significant projects for support of military treatment
facilities by a civilian contractor under the TRICARE pro-
gram.
(d) REPORTS TO CONGRESS.—
(1) ANNUAL REPORTS REQUIRED.—Not later than February
1, 2008, and each year thereafter, the Secretary, in coordination
with the military departments, shall submit to the Committees
on Armed Services of the Senate and the House of Representa-
tives a report on the support of military treatment facilities
by civilian contractors under the TRICARE program during
the preceding fiscal year.
(2) ELEMENTS.—Each report shall set forth, for the fiscal
year covered by such report, the following:
(A) The level of support of military health treatment
facilities that is provided by contract civilian health care
personnel under the TRICARE program in each region
of the TRICARE program.
(B) An assessment of the compliance of such support
with regional requirements under subsection (a).
(C) The number and type of agreements for the support
of military treatment facilities by contract civilian health
care personnel.
(D) The standards of quality in effect under the require-
ments under subsection (a).
(E) The savings anticipated, and any savings achieved,
as a result of the implementation of the requirements
under subsection (a).
(F) An assessment of the compliance of contracts for
health care staffing services for Department of Defense
facilities with the requirements of subsection (c)(2)(A).
(e) EFFECTIVE DATE.—This section shall take effect on October
1, 2006.
SEC. 733. STANDARDS AND TRACKING OF ACCESS TO HEALTH CARE
SERVICES 
FOR 
WOUNDED, 
INJURED, 
OR 
ILL
SERVICEMEMBERS RETURNING TO THE UNITED STATES
FROM A COMBAT ZONE.
(a) REPORT ON UNIFORM STANDARDS FOR ACCESS.—Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on uniform standards for the access of wounded, injured, or ill
members of the Armed Forces to health care services in the United
States following return from a combat zone.
(b) MATTERS COVERED.—The report required by subsection (a)
shall describe in detail policies with respect to the following:
(1) The access of wounded, injured, or ill members of the
Armed Forces to emergency care.
(2) The access of such members to surgical services.
(3) Waiting times for referrals and consultations of such
members by medical personnel, dental personnel, mental health
specialists, and rehabilitative service specialists, including per-
sonnel and specialists with expertise in prosthetics and in
the treatment of head, vision, and spinal cord injuries.
(4) Waiting times of such members for acute care and
for routine follow-up care.
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(c) REFERRAL TO PROVIDERS OUTSIDE MILITARY HEALTH CARE
SYSTEM.—The Secretary shall require that health care services
and rehabilitation needs of members described in subsection (a)
be met through whatever means or mechanisms possible, including
through the referral of members described in that subsection to
health care providers outside the military health care system.
(d) UNIFORM SYSTEM FOR TRACKING OF PERFORMANCE.—The
Secretary shall establish a uniform system for tracking the perform-
ance of the military health care system in meeting the requirements
for access of wounded, injured, or ill members of the Armed Forces
to health care services described in subsection (a).
(e) REPORTS.—
(1) TRACKING SYSTEM.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the system established
under subsection (d).
(2) ACCESS.—Not later than October 1, 2006, and each
quarter thereafter during fiscal year 2007, the Secretary shall
submit to such committees a report on the performance of
the health care system in meeting the access standards
described in the report required by subsection (a).
SEC. 734. DISEASE AND CHRONIC CARE MANAGEMENT.
(a) PROGRAM DESIGN AND DEVELOPMENT REQUIRED.—Not later
than October 1, 2007, the Secretary of Defense shall design and
develop a fully integrated program on disease and chronic care
management for the military health care system that provides,
to the extent practicable, uniform policies and practices on disease
management and chronic care management throughout that system,
including both military hospitals and clinics and civilian healthcare
providers within the TRICARE network.
(b) PURPOSES
OF PROGRAM.—The purposes of the program
required by subsection (a) are as follows:
(1) To facilitate the improvement of the health status of
individuals under care in the military health care system.
(2) To ensure the availability of effective health care serv-
ices in that system for individuals with diseases and other
chronic conditions.
(3) To ensure the proper allocation of health care resources
for individuals who need care for disease or other chronic
conditions.
(c) ELEMENTS
OF
PROGRAM
DESIGN.—The program design
required by subsection (a) shall meet the following requirements:
(1) Based on uniform policies prescribed by the Secretary,
the program shall, at a minimum, address the following chronic
diseases and conditions:
(A) Diabetes.
(B) Cancer.
(C) Heart disease.
(D) Asthma.
(E) Chronic obstructive pulmonary disorder.
(F) Depression and anxiety disorders.
(2) The program shall meet nationally recognized accredita-
tion standards for disease and chronic care management.
(3) The program shall include specific outcome measures
and objectives on disease and chronic care management.
Deadline.
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(4) The program shall include strategies for disease and
chronic care management for all beneficiaries, including bene-
ficiaries eligible for benefits under the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.),
for whom the TRICARE program is not the primary payer
for health care benefits.
(5) Activities under the program shall conform to applicable
laws and regulations relating to the confidentiality of health
care information.
(d) IMPLEMENTATION PLAN REQUIRED.—Not later than February
1, 2008, the Secretary of Defense, in coordination with the Secre-
taries of the military departments, shall develop an implementation
plan for the disease and chronic care management program. In
order to facilitate the carrying out of the program, the plan devel-
oped by the Secretary shall—
(1) require a comprehensive analysis of the disease and
chronic care management opportunities within each region of
the TRICARE program, including within military treatment
facilities and through contractors under the TRICARE program;
(2) ensure continuous, adequate funding of disease and
chronic care management activities throughout the military
health care system in order to achieve maximum health out-
comes and cost avoidance;
(3) eliminate, to the extent practicable, any financial dis-
incentives to sustained investment by military hospitals and
health care services contractors of the Department of Defense
in the disease and chronic care management activities of the
Department;
(4) ensure that appropriate clinical and claims data,
including pharmacy utilization data, is available for use in
implementing the program;
(5) ensure outreach to eligible beneficiaries who, on the
basis of their clinical conditions, are candidates for the program
utilizing print and electronic media, telephone, and personal
interaction; and
(6) provide a system for monitoring improvements in health
status and clinical outcomes under the program and savings
associated with the program.
(e) REPORT.—
(1) IN GENERAL.—Not later than March 1, 2008, the Sec-
retary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the design, development, and implementation of the
program on disease and chronic care management required
by this section.
(2) REPORT ELEMENTS.—The report required by paragraph
(1) shall include the following:
(A) A description of the design and development of
the program required by subsection (a).
(B) A description of the implementation plan required
by subsection (d).
(C) A description and assessment of improvements in
health status and clinical outcomes that are anticipated
as a result of implementation of the program.
(D) A description of the savings and return on invest-
ment associated with the program.
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(E) A description of an investment strategy to assure
the sustainment of the disease and chronic care manage-
ment programs of the Department of Defense.
SEC. 735. ADDITIONAL ELEMENTS OF ASSESSMENT OF DEPARTMENT
OF DEFENSE TASK FORCE ON MENTAL HEALTH RELATING
TO MENTAL HEALTH OF MEMBERS WHO WERE DEPLOYED
IN 
OPERATION 
IRAQI 
FREEDOM 
AND 
OPERATION
ENDURING FREEDOM.
Section 723(c) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3348) is amended
by adding at the end the following new paragraph:
‘‘(4) MENTAL
HEALTH
NEEDS
OF
MEMBERS
WHO
WERE
DEPLOYED IN OIF OR OEF.—As part of the assessment required
by paragraph (1) of the efficacy of mental health services pro-
vided to members of the Armed Forces by the Department
of Defense, the task force shall consider the specific needs
with respect to mental health of members who were deployed
in Operation Iraqi Freedom or Operation Enduring Freedom
upon their return from such deployment, including the fol-
lowing:
‘‘(A) An identification of mental health conditions and
disorders (including Post Traumatic Stress Disorder, sui-
cide attempts, and suicide) occurring among members who
have undergone multiple deployments in Operation Iraqi
Freedom or Operation Enduring Freedom.
‘‘(B) An evaluation of the availability to members of
assessments under the Mental Health Self-Assessment Pro-
gram of the Department of Defense to ensure the long-
term availability of the diagnostic mechanisms of the
assessment to detect mental health conditions that may
emerge in such members over time.
‘‘(C) The availability of programs and services under
the Mental Health Self-Assessment Program to address
the mental health of dependent children of members who
were deployed in Operation Iraqi Freedom or Operation
Enduring Freedom.
‘‘(D) Recommendations on mechanisms for improving
the mental health services available to members who were
deployed in Operation Iraqi Freedom or Operation
Enduring Freedom, including members who have under-
gone multiple deployments.’’.
SEC. 736. ADDITIONAL AUTHORIZED OPTION PERIODS FOR EXTENSION
OF CURRENT CONTRACTS UNDER TRICARE.
(a) ADDITIONAL NUMBER OF AUTHORIZED PERIODS.—
(1) IN GENERAL.—The Secretary of Defense, after consulting
with the other administering Secretaries, may extend any con-
tract for the delivery of health care entered into under section
1097 of title 10, United States Code, that is in force on the
date of the enactment of this Act by one year, and upon expira-
tion of such extension by one additional year, if the Secretary
determines that such extension—
(A) is in the best interests of the Department of Defense
and covered beneficiaries;
(B) is cost effective; and
(C) will—
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(i) facilitate the effective administration of the
TRICARE program; or
(ii) ensure continuity in the delivery of health care
under the TRICARE program.
(2) LIMITATION
ON
NUMBER
OF
EXTENSIONS.—The total
number of one-year extensions of a contract that may be
granted under paragraph (1) may not exceed two extensions.
(3) NOTICE AND WAIT.—The Secretary may not commence
the exercise of the authority in paragraph (1) with respect
to a contract covered by that paragraph until 30 days after
the date on which the Secretary submits to the Committees
on Armed Services of the Senate and House of Representatives
a report setting forth the following:
(A) The minimum level of performance, including bene-
ficiary satisfaction and cost, by the incumbent contractor
under the contract that will be required by the Secretary
in order to be eligible for an extension authorized by such
paragraph.
(B) The justification for such extension based on each
of the criteria in paragraph (1).
(C) The justification for such extension based on a
cost-benefit analysis.
(4) DEFINITIONS.—In this subsection, the terms ‘‘admin-
istering Secretaries’’, ‘‘covered beneficiary’’, and ‘‘TRICARE pro-
gram’’ have the meaning given such terms in section 1072
of title 10, United States Code.
(b) REPORT ON CONTRACTING MECHANISMS FOR HEALTH CARE
SERVICE SUPPORT CONTRACTS.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report on contracting mechanisms under consider-
ation for future contracts for health care service support under
section 1097 of title 10, United States Code. The report shall include
an assessment of the advantages and disadvantages for the Depart-
ment of Defense (including the potential for stimulating competition
and the effect on health care beneficiaries of the Department)
of providing in such contracts for a single term of 5 years, with
a single optional period of extension of an additional 5 years if
performance under such contract is rated as ‘‘excellent’’.
SEC. 737. MILITARY VACCINATION MATTERS.
(a) ADDITIONAL ELEMENT FOR COMPTROLLER GENERAL STUDY
AND REPORT ON VACCINE HEALTHCARE CENTERS.—Section 736(b)
of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109–163; 119 Stat. 3356) is amended by adding at
the end the following new paragraph:
‘‘(10) The feasibility and advisability of transferring direct
responsibility for the Centers from the Army Medical Command
to the Under Secretary of Defense for Personnel and Readiness
and the Deputy Assistant Secretary of Defense for Force Health
Protection and Readiness.’’.
(b) LIMITATION ON RESTRUCTURING OF VACCINE HEALTHCARE
CENTERS.—The Secretary of Defense may not downsize or otherwise
restructure the Vaccine Healthcare Centers of the Department of
Defense during fiscal year 2007. The Secretary shall ensure that
the Secretary of each military department shall, from amounts
allocated during fiscal year 2007 from the Defense Health Program,
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fund and maintain the Vaccine Healthcare Center of the military
department concerned.
SEC. 738. ENHANCED MENTAL HEALTH SCREENING AND SERVICES
FOR MEMBERS OF THE ARMED FORCES.
(a) ADDITIONAL REQUIRED ELEMENTS FOR PREDEPLOYMENT AND
POSTDEPLOYMENT MEDICAL EXAMINATIONS.—Subsection (b) of sec-
tion 1074f of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The system’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The predeployment and postdeployment medical examina-
tion of a member of the armed forces required under paragraph
(1) shall include the following:
‘‘(A) An assessment of the current treatment of the member
and any use of psychotropic medications by the member for
a mental health condition or disorder.
‘‘(B) An assessment of traumatic brain injury.’’.
(b) CRITERIA FOR REFERRAL FOR FURTHER EVALUATIONS.—Such
section is further amended by adding at the end the following:
‘‘(e) CRITERIA FOR REFERRAL FOR FURTHER EVALUATIONS.—The
system described in subsection (a) shall include—
‘‘(1) development of clinical practice guidelines to be utilized
by healthcare providers in determining whether to refer a
member of the armed forces for further evaluation relating
to mental health (including traumatic brain injury);
‘‘(2) mechanisms to ensure that healthcare providers are
trained in the application of such clinical practice guidelines;
and
‘‘(3) mechanisms for oversight to ensure that healthcare
providers apply such guidelines consistently.’’.
(c) MINIMUM MENTAL HEALTH STANDARDS FOR DEPLOYMENT.—
Such section is further amended by adding at the end the following:
‘‘(f) MINIMUM MENTAL HEALTH STANDARDS FOR DEPLOYMENT.—
(1) The Secretary of Defense shall prescribe in regulations minimum
standards for mental health for the eligibility of a member of
the armed forces for deployment to a combat operation or contin-
gency operation.
‘‘(2) The standards required by paragraph (1) shall include
the following:
‘‘(A) A specification of the mental health conditions, treat-
ment for such conditions, and receipt of psychotropic medica-
tions for such conditions that preclude deployment of a member
of the armed forces to a combat operation or contingency oper-
ation, or to a specified type of such operation.
‘‘(B) Guidelines for the deployability and treatment of mem-
bers of the armed forces diagnosed with a severe mental illness
or post traumatic stress disorder.
‘‘(3) The Secretary shall take appropriate actions to ensure
the utilization of the standards prescribed under paragraph (1)
in the making of determinations regarding the deployability of
members of the armed forces to a combat operation or continency
operation.’’.
(d) QUALITY ASSURANCE.—Subsection (d) of such section is
amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of Defense’’;
and
(2) by adding at the end the following new paragraphs:
Regulations.
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‘‘(2) The quality assurance program established under para-
graph (1) shall also include the following elements:
‘‘(A) 
The 
types 
of 
healthcare 
providers 
conducting
postdeployment health assessments.
‘‘(B) The training received by such providers applicable
to the conduct of such assessments, including training on
assessments and referrals relating to mental health.
‘‘(C) The guidance available to such providers on how to
apply the clinical practice guidelines developed under sub-
section (e)(1) in determining whether to make a referral for
further evaluation of a member of the armed forces relating
to mental health.
‘‘(D) The effectiveness of the tracking mechanisms required
under this section in ensuring that members who receive refer-
rals for further evaluations relating to mental health receive
such evaluations and obtain such care and services as are
warranted.
‘‘(E) Programs established for monitoring the mental health
of each member who, after deployment to a combat operation
or contingency operations, is known—
‘‘(i) to have a mental health condition or disorder;
or
‘‘(ii) to be receiving treatment, including psychotropic
medications, for a mental health condition or disorder.’’.
(e) COMPTROLLER GENERAL REPORTS ON IMPLEMENTATION OF
REQUIREMENTS.—
(1) STUDY ON IMPLEMENTATION.—The Comptroller General
of the United States shall carry out a study of the implementa-
tion of the requirements of the amendments made by this
section.
(2) REPORTS.—Not later than March 1, 2008, the Comp-
troller General shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report
on the study carried out under paragraph (1).
(f) IMPLEMENTATION.—The Secretary of Defense shall imple-
ment the requirements of the amendments made by this section
not later than six months after the date of the enactment of this
Act.
(g) REPORT REQUIRED.—The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the actions taken to implement
the requirements of the amendments made by this section not
later than June 1, 2007.
Subtitle D—Other Matters
SEC. 741. PILOT PROJECTS ON EARLY DIAGNOSIS AND TREATMENT
OF POST TRAUMATIC STRESS DISORDER AND OTHER
MENTAL HEALTH CONDITIONS.
(a) PILOT PROJECTS REQUIRED.—The Secretary of Defense shall
carry out not less than three pilot projects to evaluate the efficacy
of various approaches to improving the capability of the military
and civilian health care systems to provide early diagnosis and
treatment of post traumatic stress disorder and other mental health
conditions.
Deadline.
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(b) DURATION.—Any pilot project carried out under this section
shall begin not later than October 1, 2007, and cease on September
30, 2008.
(c) PILOT PROJECT REQUIREMENTS.—
(1) DIAGNOSTIC AND TREATMENT APPROACHES.—One of the
pilot projects under this section shall be designed to evaluate
effective diagnostic and treatment approaches for use by pri-
mary care providers in the military health care system in
order to improve the capability of such providers to diagnose
and treat post traumatic stress disorder.
(2) NATIONAL GUARD OR RESERVE MEMBERS.—
(A) One of the pilot projects under this section shall
be focused on members of the National Guard or Reserves
who are located more than 40 miles from a military medical
facility and who are served primarily by civilian community
health resources.
(B) The pilot project described in subparagraph (A)
shall be designed to develop educational materials and
other tools for use by members of the National Guard
or Reserves who come into contact with other members
of the National Guard or Reserves who may suffer from
post traumatic stress disorder in order to encourage and
facilitate early reporting and referral for treatment.
(3) OUTREACH.—One of the pilot projects under this section
shall be designed to provide outreach to the family members
of the members of the Armed Forces on post traumatic stress
disorder and other mental health conditions.
(d) EVALUATION
OF PILOT PROJECTS.—The Secretary shall
evaluate each pilot project carried out under this section in order
to assess the effectiveness of the approaches taken under such
pilot project—
(1) to improve the capability of the military and civilian
health care systems to provide early diagnosis and treatment
of post traumatic stress disorder and other mental health condi-
tions among members of the regular components of the Armed
Forces, and among members of the National Guard and
Reserves, who have returned from deployment; and
(2) to provide outreach to the family members of the mem-
bers of the Armed Forces described in paragraph (1) on post
traumatic stress disorder and other mental health conditions
among such members of the Armed Forces.
(e) REPORT TO CONGRESS.—
(1) REPORT REQUIRED.—Not later than December 31, 2008,
the Secretary shall submit to the congressional defense commit-
tees a report on the pilot projects carried out under this section.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A description of each pilot project carried out under
this section.
(B) An assessment of the effectiveness of the
approaches taken under each pilot project to improve the
capability of the military and civilian health care systems
to provide early diagnosis and treatment of post traumatic
stress disorder and other mental health conditions among
members of the Armed Forces.
Deadlines.
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(C) Any recommendations for legislative or administra-
tive action that the Secretary considers appropriate in light
of the pilot projects, including recommendations on—
(i) the training of health care providers in the
military and civilian health care systems on early diag-
nosis and treatment of post traumatic stress disorder
and other mental health conditions; and
(ii) the provision of outreach on post traumatic
stress disorder and other mental health conditions to
members of the National Guard and Reserves who
have returned from deployment.
(D) A plan, in light of the pilot projects, for the improve-
ment of the health care services provided to members of
the Armed Forces in order to better assure the early diag-
nosis and treatment of post traumatic stress disorder and
other mental health conditions among members of the
Armed Forces, including a specific plan for outreach on
post traumatic stress disorder and other mental health
conditions to members of the National Guard and Reserves
who have returned from deployment in order to facilitate
and enhance the early diagnosis and treatment of post
traumatic stress disorder and other mental health condi-
tions among such members of the National Guard and
Reserves.
SEC. 742. REQUIREMENT TO CERTIFY AND REPORT ON CONVERSION
OF MILITARY MEDICAL AND DENTAL POSITIONS TO
CIVILIAN MEDICAL AND DENTAL POSITIONS.
(a) PROHIBITION ON CONVERSIONS.—
(1) SUBMISSION OF CERTIFICATION.—The Secretary of a mili-
tary department may not convert any military medical or dental
position to a civilian medical or dental position in a fiscal
year until the Secretary submits to the congressional defense
committees with respect to that fiscal year a certification that
the conversions within that department will not increase cost
or decrease quality of care or access to care.
(2) REPORT ON CERTIFICATION.—Each certification under
paragraph (1) shall include a written report setting forth the
following:
(A) The methodology used by the Secretary in making
the determinations necessary for the certification.
(B) The number of military medical or dental positions,
by grade or band and specialty, planned for conversion
to civilian medical or dental positions.
(C) The results of a market survey in each affected
area of the availability of civilian medical and dental care
providers in such area in order to determine whether the
civilian medical and dental care providers available in such
area are adequate to fill the civilian positions created by
the conversion of military medical and dental positions
to civilian positions in such area.
(D) An analysis, by affected area, showing the extent
to which access to health care and cost of health care
will be affected in both the direct care and purchased
care systems, including an assessment of the effect of any
increased shifts in patient load from the direct care to
the purchased care system, or any delays in receipt of
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care in either the direct or purchased care system because
of the planned conversions.
(E) The extent to which military medical and dental
positions planned for conversion to civilian medical or
dental positions will affect recruiting and retention of uni-
formed medical and dental personnel.
(F) A comparison of the full costs for the military
medical and dental positions planned for conversion with
the estimated full costs for civilian medical and dental
positions, including expenses such as recruiting, salary,
benefits, training, and any other costs the Department
identifies.
(G) An assessment showing that the military medical
or dental positions planned for conversion are in excess
of the military medical and dental positions needed to
meet medical and dental readiness requirements of the
uniformed services, as determined jointly by all the uni-
formed services.
(H) An identification of each medical and dental posi-
tion scheduled to be converted to a civilian position in
the subsequent fiscal year, including the location of each
position scheduled for conversion, the estimated cost of
such conversion, and whether or not civilian personnel
are available in the location for filling a converted military
medical or dental position.
(3) SUBMISSION DEADLINE.—A certification and report with
respect to any fiscal year after fiscal year 2007 shall be sub-
mitted at the same time the budget of the President for such
fiscal year is submitted to Congress pursuant to section 1105(a)
of title 31, United States Code.
(b) REQUIREMENT FOR COMPTROLLER GENERAL REVIEW.—Not
later than 120 days after the submission of the budget of the
President for a fiscal year, the Comptroller General shall submit
to the congressional defense committees a report on any certifi-
cations and reports submitted with respect to that fiscal year under
subsection (a).
(c) REQUIREMENT
TO RESUBMIT CERTIFICATION
AND REPORT
REQUIRED BY PUBLIC LAW 109–163.—The Secretary of each military
department shall resubmit the certification and report required
by section 744(a) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3360; 10 U.S.C.
129c note). Such resubmissions shall address in their entirety the
elements required by section 744(a)(2) of such Act.
(d) SPECIAL REQUIREMENTS FOR FISCAL YEAR 2007 CERTIFI-
CATION.—
(1) LIST
OF
2007
PLANNED
CONVERSIONS.—The report
required by paragraph (2) of subsection (a) with respect to
fiscal year 2007 shall contain, in addition to the elements
required by that paragraph, a list of each military medical
or dental position scheduled to be converted to a civilian medical
or dental position in fiscal year 2007.
(2) RESUBMISSION REQUIRED FIRST.—The certification and
report required by subsection (a) with respect to fiscal year
2007 may not be submitted prior to the resubmission required
by subsection (c).
(3) PROHIBITION
ON
CONVERSIONS
DURING
FISCAL
YEAR
2007.—No conversions of a military medical or dental position
Deadline.
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may occur during fiscal year 2007 prior to both the resubmission
required by subsection (c) and the submission of the certification
and report required by subsection (a).
(e) REPORT ON FISCAL YEAR 2008 CONVERSION.—Not later than
90 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report that identifies
the military medical or dental positions scheduled to be converted
to civilian medical or dental positions in fiscal year 2008. Such
report shall include the location of the positions scheduled for
conversion, the estimated cost of such conversion, and whether
or not civilian personnel are available in the location for filling
the proposed converted military medical or dental position.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘military medical or dental position’’ means
a position for the performance of health care functions within
the Armed Forces held by a member of the Armed Forces.
(2) The term ‘‘civilian medical or dental position’’ means
a position for the performance of health care functions within
the Department of Defense held by an employee of the Depart-
ment or of a contractor of the Department.
(3) The term ‘‘affected area’’ means an area in which mili-
tary medical or dental positions were converted to civilian
medical or dental positions before October 1, 2004, or in which
such conversions are scheduled to occur in the future.
(4) The term ‘‘uniformed services’’ has the meaning given
that term in section 1072(1) of title 10, United States Code.
(5) The term ‘‘conversion’’, with respect to a military med-
ical or dental position, means a change, effective as of the
date of the documentation by the Department of Defense
making the change, of the position to a civilian medical or
dental position.
SEC. 743. THREE-YEAR EXTENSION OF JOINT INCENTIVES PROGRAM
ON SHARING OF HEALTH CARE RESOURCES BY THE
DEPARTMENT OF DEFENSE AND DEPARTMENT OF VET-
ERANS AFFAIRS.
Section 8111(d)(3) of title 38, United States Code, is amended
by striking ‘‘September 30, 2007’’ and inserting ‘‘September 30,
2010’’.
SEC. 744. TRAINING CURRICULA FOR FAMILY CAREGIVERS ON CARE
AND ASSISTANCE FOR MEMBERS AND FORMER MEMBERS
OF THE ARMED FORCES WITH TRAUMATIC BRAIN INJURY.
(a) TRAUMATIC BRAIN INJURY FAMILY CAREGIVER PANEL.—
(1) ESTABLISHMENT.—The Secretary of Defense shall estab-
lish a panel within the Department of Defense, to be known
as the ‘‘Traumatic Brain Injury Family Caregiver Panel’’, to
develop coordinated, uniform, and consistent training curricula
to be used in training family members in the provision of
care and assistance to members and former members of the
Armed Forces with traumatic brain injuries.
(2) MEMBERS.—The Traumatic Brain Injury Family Care-
giver Panel shall consist of 15 members appointed by the Sec-
retary of Defense from among the following:
(A) Physicians, nurses, rehabilitation therapists, and
other individuals with an expertise in caring for and
assisting individuals with traumatic brain injury, including
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persons who specialize in caring for and assisting individ-
uals with traumatic brain injury incurred in combat.
(B) Representatives of family caregivers or family care-
giver associations.
(C) Health and medical personnel of the Department
of Defense and the Department of Veterans Affairs with
expertise in traumatic brain injury and personnel and
readiness representatives of the Department of Defense
with expertise in traumatic brain injury.
(D) Psychologists or other individuals with expertise
in the mental health treatment and care of individuals
with traumatic brain injury.
(E) Experts in the development of training curricula.
(F) Family members of members of the Armed Forces
with traumatic brain injury.
(G) Such other individuals the Secretary considers
appropriate.
(3) CONSULTATION.—In establishing the Traumatic Brain
Injury Family Caregiver Panel and appointing the members
of the Panel, the Secretary of Defense shall consult with the
Secretary of Veterans Affairs.
(b) DEVELOPMENT OF CURRICULA.—
(1) DEVELOPMENT.—The Traumatic Brain Injury Family
Caregiver Panel shall develop training curricula to be used
by family members of members and former members of the
Armed Forces on techniques, strategies, and skills for care
and assistance for such members and former members with
traumatic brain injury.
(2) SCOPE OF CURRICULA.—The curricula shall—
(A) be based on empirical research and validated tech-
niques; and
(B) shall provide for training that permits recipients
to tailor caregiving to the unique circumstances of the
member or former member of the Armed Forces receiving
care.
(3) PARTICULAR
REQUIREMENTS.—In developing the cur-
ricula, the Traumatic Brain Injury Family Caregiver Panel
shall—
(A) specify appropriate training commensurate with
the severity of traumatic brain injury; and
(B) identify appropriate care and assistance to be pro-
vided for the degree of severity of traumatic brain injury
for caregivers of various levels of skill and capability.
(4) USE OF EXISTING MATERIALS.—In developing the cur-
ricula, the Traumatic Brain Injury Family Caregiver Panel
shall use and enhance any existing training curricula, mate-
rials, and resources applicable to such curricula as the Panel
considers appropriate.
(5) DEADLINE FOR DEVELOPMENT.—The Traumatic Brain
Injury Family Caregiver Panel shall develop the curricula not
later than one year after the date of the enactment of this
Act.
(c) DISSEMINATION OF CURRICULA.—
(1) DISSEMINATION MECHANISMS.—The Secretary of Defense
shall develop mechanisms for the dissemination of the curricula
developed under subsection (b)—
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(A) to health care professionals who treat or otherwise
work with members and former members of the Armed
Forces with traumatic brain injury;
(B) to family members affected by the traumatic brain
injury of such members and former members; and
(C) to other care or support personnel who may provide
service to members or former members affected by trau-
matic brain injury.
(2) USE
OF
EXISTING
MECHANISMS.—In developing such
mechanisms, the Secretary may use and enhance existing
mechanisms, including the Military Severely Injured Center
(authorized under section 564 of this Act) and the programs
for service to severely injured members established by the
military departments.
(d) REPORT.—Not later than one year after the development
of the curricula required by subsection (b), the Secretary of Defense
and the Secretary of Veterans Affairs shall submit to the Commit-
tees on Armed Services and Veterans Affairs of the Senate and
the House of Representatives a report on the following:
(1) The actions undertaken under this section.
(2) Recommendations for the improvement or updating of
training curriculum developed and provided under this section.
SEC. 745. RECOGNITION OF REPRESENTATIVE LANE EVANS UPON HIS
RETIREMENT FROM THE HOUSE OF REPRESENTATIVES.
(a) FINDINGS.—Congress makes the following findings:
(1) Representative Lane Evans was elected to the House
of Representatives in 1982 and is completing his 12th term
representing the people of Illinois’ 17th Congressional district.
(2) As a member of the Committee on Armed Services
of the House of Representatives since 1988, Representative
Evans has worked to bring common sense priorities to defense
spending and strengthen the military’s conventional readiness.
(3) Representative Evans has served as the ranking
member of the Committee on Veterans’ Affairs of the House
of Representatives since 1997 and has been a tireless advocate
for military veterans, ensuring that veterans receive the med-
ical care they need and advocating for individuals suffering
from post-traumatic stress disorder and Gulf War Syndrome.
(5) Drawing on his own experience as a member of the
Marine Corps, Representative Evans has tirelessly fought for
both current members of the Armed Forces and veterans and
has been a leader in legislative efforts to assist members
exposed to Agent Orange.
(4) Representative Evans’ efforts to improve the transition
of individuals from military service to the care of the Depart-
ment of Veterans Affairs will continue to benefit generations
of veterans long into the future.
(6) Representative Evans is credited with bringing new
services to veterans living in his Congressional district,
including outpatient clinics in the Quad Cities and Quincy
and the Quad-Cities Vet Center.
(7) Representative Evans has worked with local leaders
to promote the Rock Island Arsenal and has seen it win new
jobs and missions through his support.
(b) RECOGNITION.—Congress recognizes and commends Rep-
resentative Lane Evans for his 24 years of service to benefit the
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people of Illinois, members of the Armed Forces and their families,
veterans, and the United States.
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS
Subtitle A—Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Requirements management certification training program.
Sec. 802. Additional requirements relating to technical data rights.
Sec. 803. Study and report on revisions to Selected Acquisition Report require-
ments.
Sec. 804. Biannual updates on implementation of acquisition reform in the Depart-
ment of Defense.
Sec. 805. Additional certification requirements for major defense acquisition pro-
grams before proceeding to Milestone B.
Sec. 806. Original baseline estimate for major defense acquisition programs.
Sec. 807. Lead system integrators.
Subtitle B—Acquisition Policy and Management
Sec. 811. Time-certain development for Department of Defense information tech-
nology business systems.
Sec. 812. Pilot program on time-certain development in acquisition of major weapon
systems.
Sec. 813. Establishment of Panel on Contracting Integrity.
Sec. 814. Linking of award and incentive fees to acquisition outcomes.
Sec. 815. Report on defense instruction relating to contractor personnel authorized
to accompany Armed Forces.
Sec. 816. Major automated information system programs.
Sec. 817. Internal controls for procurements on behalf of the Department of De-
fense by certain non-defense agencies.
Sec. 818. Determination of contract type for development programs.
Sec. 819. Three-year extension of requirement for reports on commercial price
trend analyses of the Department of Defense.
Sec. 820. Government performance of critical acquisition functions.
Subtitle C—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 831. One-year extension of special temporary contract closeout authority.
Sec. 832. Limitation on contracts for the acquisition of certain services.
Sec. 833. Use of Federal supply schedules by State and local governments for goods
and services for recovery from natural disasters, terrorism, or nuclear,
biological, chemical, or radiological attack.
Sec. 834. Waivers to extend task order contracts for advisory and assistance serv-
ices.
Subtitle D—United States Defense Industrial Base Provisions
Sec. 841. Assessment and annual report of United States defense industrial base
capabilities and acquisitions of articles, materials, and supplies manu-
factured outside the United States.
Sec. 842. Protection of strategic materials critical to national security.
Sec. 843. Strategic Materials Protection Board.
Subtitle E—Other Matters
Sec. 851. Report on former Department of Defense officials employed by contractors
of the Department of Defense.
Sec. 852. Report and regulations on excessive pass-through charges.
Sec. 853.
Program manager empowerment and accountability.
Sec. 854. Joint policies on requirements definition, contingency program manage-
ment, and contingency contracting.
Sec. 855. Clarification of authority to carry out certain prototype projects.
Sec. 856. Contracting with employers of persons with disabilities.
Sec. 857. Enhanced access for small business.
Sec. 858. Procurement goal for Hispanic-serving institutions.
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Subtitle A—Provisions Relating to Major
Defense Acquisition Programs
SEC. 801. REQUIREMENTS MANAGEMENT CERTIFICATION TRAINING
PROGRAM.
(a) TRAINING PROGRAM.—
(1) REQUIREMENT.—The Under Secretary of Defense for
Acquisition, Technology, and Logistics, in consultation with
the Defense Acquisition University, shall develop a training
program to certify military and civilian personnel of the Depart-
ment of Defense with responsibility for generating requirements
for major defense acquisition programs (as defined in section
2430(a) of title 10, United States Code).
(2) COMPETENCY AND OTHER REQUIREMENTS.—The Under
Secretary shall establish competency requirements for the per-
sonnel undergoing the training program. The Under Secretary
shall define the target population for such training program
by identifying which military and civilian personnel should
have responsibility for generating requirements. The Under
Secretary also may establish other training programs for per-
sonnel not subject to chapter 87 of title 10, United States
Code, who contribute significantly to other types of acquisitions
by the Department of Defense.
(b) APPLICABILITY.—Effective on and after September 30, 2008,
a member of the Armed Forces or an employee of the Department
of Defense with authority to generate requirements for a major
defense acquisition program may not continue to participate in
the requirements generation process unless the member or employee
successfully completes the certification training program developed
under this section.
(c) REPORTS.—The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Rep-
resentatives an interim report, not later than March 1, 2007, and
a final report, not later than March 1, 2008, on the implementation
of the training program required under this section.
SEC. 802. ADDITIONAL REQUIREMENTS RELATING TO TECHNICAL
DATA RIGHTS.
(a) ADDITIONAL REQUIREMENTS RELATING TO TECHNICAL DATA
RIGHTS.—Section 2320 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(e) The Secretary of Defense shall require program managers
for major weapon systems and subsystems of major weapon systems
to assess the long-term technical data needs of such systems and
subsystems and establish corresponding acquisition strategies that
provide for technical data rights needed to sustain such systems
and subsystems over their life cycle. Such strategies may include
the development of maintenance capabilities within the Department
of Defense or competition for contracts for sustainment of such
systems or subsystems. Assessments and corresponding acquisition
strategies developed under this section with respect to a weapon
system or subsystem shall—
‘‘(1) be developed before issuance of a contract solicitation
for the weapon system or subsystem;
Effective date.
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‘‘(2) address the merits of including a priced contract option
for the future delivery of technical data that were not acquired
upon initial contract award;
‘‘(3) address the potential for changes in the sustainment
plan over the life cycle of the weapon system or subsystem;
and
‘‘(4) apply to weapon systems and subsystems that are
to be supported by performance-based logistics arrangements
as well as to weapons systems and subsystems that are to
be supported by other sustainment approaches.’’.
(b) MODIFICATION OF PRESUMPTION OF DEVELOPMENT EXCLU-
SIVELY AT PRIVATE EXPENSE.—Section 2321(f) of title 10, United
States Code, is amended—
(1) by striking ‘‘EXPENSE
FOR COMMERCIAL ITEMS CON-
TRACTS.—In’’ and inserting ‘‘EXPENSE.—(1) Except as provided
in paragraph (2), in’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) In the case of a challenge to a use or release restriction
that is asserted with respect to technical data of a contractor
or subcontractor (whether or not under a contract for commercial
items) for a major system or a subsystem or component thereof
on the basis that the major system, subsystem or component was
developed exclusively at private expense, the challenge to the use
or release restriction shall be sustained unless information provided
by the contractor or subcontractor demonstrates that the item was
developed exclusively at private expense.’’.
(c) REGULATIONS.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall revise
regulations under section 2320 of title 10, United States Code,
to implement subsection (e) of such section (as added by this sec-
tion), including incorporating policy changes developed under such
subsection into Department of Defense Directive 5000.1 and Depart-
ment of Defense Instruction 5000.2.
SEC. 803. STUDY AND REPORT ON REVISIONS TO SELECTED ACQUISI-
TION REPORT REQUIREMENTS.
(a) STUDY REQUIREMENT.—The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition, Technology,
and Logistics in coordination with the service acquisition executives
of each military department, shall conduct a study on revisions
to requirements relating to Selected Acquisition Reports, as set
forth in section 2432 of title 10, United States Code.
(b) MATTERS COVERED.—The study required under subsection
(a) shall—
(1) focus on incorporating into the Selected Acquisition
Report those elements of program progress that the Department
of Defense considers most relevant to evaluating the perform-
ance and progress of major defense acquisition programs, with
particular reference to the cost estimates and program schedule
established when a major defense acquisition program receives
Milestone B approval;
(2) address the need to ensure that data provided through
the Selected Acquisition Report is consistent with data provided
through internal Department of Defense reporting systems for
management purposes; and
Deadline.
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(3) include any recommendations to add to, modify, or
delete elements of the Selected Acquisition Report, consistent
with the findings of the study.
(c) REPORT.—Not later than March 1, 2007, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the results of the study,
including such recommendations as the Secretary considers appro-
priate.
SEC. 804. BIANNUAL UPDATES ON IMPLEMENTATION OF ACQUISITION
REFORM IN THE DEPARTMENT OF DEFENSE.
(a) BIANNUAL UPDATES REQUIREMENT.—Not later than January
1 and July 1 of each year, beginning with January 1, 2007, the
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a report
containing an update on the implementation of plans to reform
the acquisition system in the Department of Defense.
(b) MATTERS COVERED.—Each report provided under subsection
(a) shall cover the implementation of reforms of the processes for
acquisition, including generation of requirements, award of con-
tracts, and financial management. At a minimum, the reports shall
take into account the recommendations made by the following:
(1) The Defense Acquisition Performance Assessment
Panel.
(2) The Defense Science Board Summer Study on Trans-
formation, issued in February 2006.
(3) The Beyond Goldwater-Nichols Study of the Center
for Strategic and International Studies.
(4) The Quadrennial Defense Review, issued February 6,
2006.
(c) RECOMMENDATIONS.—Each report submitted under sub-
section (a) shall include such recommendations as the Secretary
considers appropriate, and implementation plans for the rec-
ommendations.
(d) TERMINATION OF REPORT REQUIREMENT.—The requirement
to submit reports under subsection (a) shall terminate on December
31, 2008.
SEC. 805. ADDITIONAL CERTIFICATION REQUIREMENTS FOR MAJOR
DEFENSE ACQUISITION PROGRAMS BEFORE PROCEEDING
TO MILESTONE B.
(a) ADDITIONAL CERTIFICATION REQUIREMENTS.—Subsection (a)
of section 2366a of title 10, United States Code, is amended—
(1) by redesignating paragraph (7) as paragraph (10);
(2) by redesignating paragraphs (1) through (6) as para-
graphs (2) through (7), respectively;
(3) by inserting before paragraph (2) (as so redesignated)
the following new paragraph (1):
‘‘(1) appropriate market research has been conducted prior
to technology development to reduce duplication of existing
technology and products;’’;
(4) in paragraph (7) (as so redesignated), by striking ‘‘and’’
at the end; and
(5) by inserting after such paragraph (7) the following
new paragraphs:
‘‘(8) reasonable cost and schedule estimates have been
developed to execute the product development and production
plan under the program;
Reports.
Deadlines.
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‘‘(9) funding is available to execute the product development
and production plan under the program, through the period
covered by the future-years defense program submitted during
the fiscal year in which the certification is made, consistent
with the estimates described in paragraph (8) for the program;
and’’.
(b) WAIVER FOR NATIONAL SECURITY.—Subsection (c) of such
section is amended by striking ‘‘(5), or (6)’’ and inserting ‘‘(5),
(6), (7), (8), or (9)’’.
SEC. 806. ORIGINAL BASELINE ESTIMATE FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
Section 2435(d)(1) of title 10, United States Code, is amended
by inserting after ‘‘with respect to the program under subsection
(a)’’ the following: ‘‘prepared before the program enters system
development and demonstration, or at program initiation, whichever
occurs later’’.
SEC. 807. LEAD SYSTEM INTEGRATORS.
(a) LIMITATIONS
ON CONTRACTORS ACTING
AS LEAD SYSTEM
INTEGRATORS.—
(1) IN GENERAL.—Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 2410p. Contracts: limitations on lead system integrators
‘‘(a) IN GENERAL.—Except as provided in subsection (b), no
entity performing lead system integrator functions in the acquisition
of a major system by the Department of Defense may have any
direct financial interest in the development or construction of any
individual system or element of any system of systems.
‘‘(b) EXCEPTION.—An entity described in subsection (a) may
have a direct financial interest in the development or construction
of an individual system or element of a system of systems if—
‘‘(1) the Secretary of Defense certifies to the Committees
on Armed Services of the Senate and the House of Representa-
tives that—
‘‘(A) the entity was selected by the Department of
Defense as a contractor to develop or construct the system
or element concerned through the use of competitive proce-
dures; and
‘‘(B) the Department took appropriate steps to prevent
any organizational conflict of interest in the selection
process; or
‘‘(2) the entity was selected by a subcontractor to serve
as a lower-tier subcontractor, through a process over which
the entity exercised no control.
‘‘(c) CONSTRUCTION.—Nothing in this section shall be construed
to preclude an entity described in subsection (a) from performing
work necessary to integrate two or more individual systems or
elements of a system of systems with each other.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 141 of such title is amended by adding
at the end the following new item:
‘‘2410p. Contracts: limitations on lead system integrators’’.
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(3) EFFECTIVE
DATE.—Section 2410p of title 10, United
States Code, as added by paragraph (1), shall apply with respect
to contracts entered into after December 31, 2006.
(b) UPDATE OF REGULATIONS ON LEAD SYSTEM INTEGRATORS.—
Not later than December 31, 2006, the Secretary of Defense shall
update the acquisition regulations of the Department of Defense
in order to specify fully in such regulations the matters with respect
to lead system integrators set forth in section 805(b) of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109–
163; 119 Stat. 3372) and the amendments made by subsection
(a).
(c) ADDITIONAL
REPORT
REQUIREMENTS.—The Secretary of
Defense shall include in the report required by section 805 of
such Act—
(1) a precise and comprehensive definition of the term
‘‘lead system integrator’’, as that term is used in such section;
and
(2) a specification of various types of contracts and fee
structures that are appropriate for use by lead system integra-
tors in the production, fielding, and sustainment of complex
systems.
Subtitle B—Acquisition Policy and
Management
SEC. 811. TIME-CERTAIN DEVELOPMENT FOR DEPARTMENT OF
DEFENSE INFORMATION TECHNOLOGY BUSINESS SYS-
TEMS.
(a) MILESTONE A LIMITATION.—The Department of Defense
executive or entity that is the milestone decision authority for
an information system described in subsection (c) may not provide
Milestone A approval for the system unless, as part of the decision
process for such approval, that authority determines that the system
will achieve initial operational capability within a specified period
of time not exceeding five years.
(b) INITIAL
OPERATIONAL
CAPABILITY
LIMITATION.—If an
information system described in subsection (c), having received
Milestone A approval, has not achieved initial operational capability
within five years after the date of such approval, the system shall
be deemed to have undergone a critical change in program requiring
the evaluation and report required by section 2445c(d) of title
10, United States Code (as added by section 816 of this Act).
(c) COVERED SYSTEMS.—An information system described in
this subsection is any Department of Defense information tech-
nology business system that is not a national security system,
as defined in 3542(b)(2) of title 44, United States Code.
(d) DEFINITIONS.—In this section:
(1) MILESTONE DECISION AUTHORITY.—The term ‘‘milestone
decision authority’’ has the meaning given that term in Depart-
ment of Defense Instruction 5000.2, dated May 12, 2003.
(2) MILESTONE A.—The term ‘‘Milestone A’’ has the meaning
given that term in Department of Defense Instruction 5000.2,
dated May 12, 2003.
Deadline.
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SEC. 812. PILOT PROGRAM ON TIME-CERTAIN DEVELOPMENT IN
ACQUISITION OF MAJOR WEAPON SYSTEMS.
(a) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense
may carry out a pilot program on the use of time-certain develop-
ment in the acquisition of major weapon systems.
(b) PURPOSE
OF PILOT PROGRAM.—The purpose of the pilot
program authorized by subsection (a) is to assess the feasibility
and advisability of utilizing time-certain development in the acquisi-
tion of major weapon systems in order to deliver new capabilities
to the warfighter more rapidly through—
(1) disciplined decision-making;
(2) emphasis on technological maturity; and
(3) appropriate trade-offs between—
(A) cost and system performance; and
(B) program schedule.
(c) INCLUSION OF SYSTEMS IN PILOT PROGRAM.—
(1) IN GENERAL.—The Secretary of Defense may include
a major weapon system in the pilot program only if—
(A) the major weapon system meets the criteria under
paragraph (2) in accordance with that paragraph; and
(B) the Milestone Decision Authority nominates such
program to the Secretary of Defense for inclusion in the
program.
(2) CRITERIA.—For purposes of paragraph (1) a major
weapon system meets the criteria under this paragraph only
if the Milestone Decision Authority determines, in consultation
with the service acquisition executive for the military depart-
ment carrying out the acquisition program for the system and
one or more combatant commanders responsible for fielding
the system, that—
(A) the certification requirements of section 2366a of
title 10, United States Code (as amended by section 805
of this Act), have been met, and no waivers have been
granted from such requirements;
(B) a preliminary design has been reviewed using sys-
tems engineering, and the system, as so designed, will
meet battlefield needs identified by the relevant combatant
commanders after appropriate requirements analysis;
(C) a representative model or prototype of the system,
or key subsystems, has been demonstrated in a relevant
environment, such as a well-simulated operational environ-
ment;
(D) an independent cost estimate has been conducted
and used as the basis for funding requirements for the
acquisition program for the system;
(E) the budget of the military department responsible
for carrying out the acquisition program for the system
provides the funding necessary to execute the product
development and production plan consistent with the
requirements identified pursuant to subparagraph (D);
(F) an appropriately qualified program manager has
entered into a performance agreement with the Milestone
Decision Authority that establishes expected parameters
for the cost, schedule, and performance of the acquisition
program for the system, consistent with a business case
for such acquisition program;
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(G) the service acquisition executive and the program
manager have developed a strategy to ensure stability in
program management until, at a minimum, the delivery
of the initial operational capability under the acquisition
program for the system has occurred;
(H) the service acquisition executive, the relevant
combatant commanders, and the program manager have
agreed that no additional requirements that would be
inconsistent with the agreed-upon program schedule will
be added during the development phase of the acquisition
program for the system; and
(I) a planned initial operational capability will be deliv-
ered to the relevant combatant commanders within a
defined period of time as prescribed in regulations by the
Secretary of Defense.
(3) TIMING OF DECISION.—The decision whether to include
a major weapon system in the pilot program shall be made
at the time of milestone approval for the acquisition program
for the system.
(d) LIMITATION ON NUMBER OF WEAPONS SYSTEMS IN PILOT
PROGRAM.—The number of major weapon systems included in the
pilot program at any time may not exceed six major weapon sys-
tems.
(e) LIMITATION ON COST OF WEAPONS SYSTEMS IN PILOT PRO-
GRAM.—The Secretary of Defense may include a major weapon
system in the pilot program only if, at the time a major weapon
system is proposed for inclusion, the total cost for system design
and development of the weapon system, as set forth in the cost
estimate referred to in subsection (c)(2)(D), does not exceed
$1,000,000,000 during the period covered by the current future-
years defense program.
(f) SPECIAL FUNDING AUTHORITY.—
(1) AUTHORITY FOR RESERVE ACCOUNT.—Notwithstanding
any other provision of law, the Secretary of Defense may estab-
lish a special reserve account utilizing funds made available
for the major weapon systems included in the pilot program.
(2) ELEMENTS.—The special reserve account may include—
(A) funds made available for any major weapon system
included in the pilot program to cover termination liability;
(B) funds made available for any major weapon system
included in the pilot program for award fees that may
be earned by contractors; and
(C) funds appropriated to the special reserve account.
(3) AVAILABILITY OF FUNDS.—Funds in the special reserve
account may be used, in accordance with guidance issued by
the Secretary for purposes of this section, for the following
purposes:
(A) To cover termination liability for any major weapon
system included in the pilot program.
(B) To pay award fees that are earned by any con-
tractor for a major weapon system included in the pilot
program.
(C) To address unforeseen contingencies that could pre-
vent a major weapon system included in the pilot program
from meeting critical schedule or performance require-
ments.
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(4) REPORTS ON USE OF FUNDS.—Not later than 30 days
after the use of funds in the special reserve account for the
purpose specified in paragraph (3)(C), the Secretary shall
submit to the congressional defense committees a report on
the use of funds in the account for such purpose. The report
shall set forth the purposes for which the funds were used
and the reasons for the use of the funds for such purposes.
(5) RELATIONSHIP
TO
APPROPRIATIONS.—Nothing in this
subsection may be construed as extending any period of time
for which appropriated funds are made available.
(g) ADMINISTRATION
OF PILOT PROGRAM.—The Secretary of
Defense shall prescribe policies and procedures on the administra-
tion of the pilot program. Such policies and procedures shall—
(1) provide for the use of program status reports based
on earned value data to track progress on a major weapon
system under the pilot program against baseline estimates
applicable to such system at each systems engineering technical
review point; and
(2) grant authority, to the maximum extent practicable,
to the program manager for the acquisition program for a
major weapon system to make key program decisions and trade-
offs, subject to management reviews only if cost or schedule
deviations exceed the baselines for such acquisition program
by 10 percent or more.
(h) REMOVAL OF WEAPONS SYSTEMS FROM PILOT PROGRAM.—
The Secretary of Defense shall remove a major weapon system
from the pilot program if—
(1) the weapon system receives Milestone C approval; or
(2) the Secretary determines that the weapon system is
no longer in substantial compliance with the criteria in sub-
section (c)(2) or is otherwise no longer appropriate for inclusion
in the pilot program.
(i) EXPIRATION OF AUTHORITY TO INCLUDE ADDITIONAL SYSTEMS
IN PILOT PROGRAM.—
(1) EXPIRATION.—A major weapon system may not be
included in the pilot program after September 30, 2012.
(2) RETENTION
OF
SYSTEMS.—A major weapon system
included in the pilot program before the date specified in para-
graph (1) in accordance with the requirements of this section
may remain in the pilot program after that date.
(j) ANNUAL REPORT.—
(1) IN GENERAL.—Not later than one year after including
the first major weapon system in the pilot program, and
annually thereafter, the Secretary shall submit to the congres-
sional defense committees a report on the pilot program, and
the major weapon systems included in the pilot program, during
the one-year period ending on the date of such report.
(2) ELEMENTS.—Each report under this subsection shall
include—
(A) a description of progress under the pilot program,
and on each major weapon system included in the pilot
program, during the period covered by such report;
(B) a description of the use of all funds in the special
reserve account established under subsection (f); and
(C) such other matters as the Secretary considers
appropriate.
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(k) MAJOR WEAPON SYSTEM DEFINED.—In this section, the term
‘‘major weapon system’’ means a weapon system that is treatable
as a major system under section 2302(5) of title 10, United States
Code.
SEC. 813. ESTABLISHMENT OF PANEL ON CONTRACTING INTEGRITY.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary of Defense shall establish
a panel to be known as the ‘‘Panel on Contracting Integrity’’.
(2) COMPOSITION.—The panel shall be composed of the fol-
lowing:
(A) A representative of the Under Secretary of Defense
for Acquisition, Technology, and Logistics, who shall be
the chairman of the panel.
(B) A representative of the service acquisition executive
of each military department.
(C) A representative of the Inspector General of the
Department of Defense.
(D) A representative of the Inspector General of each
military department.
(E) A representative of each Defense Agency involved
with contracting, as determined appropriate by the Sec-
retary of Defense.
(F) Such other representatives as may be determined
appropriate by the Secretary of Defense.
(b) DUTIES.—In addition to other matters assigned to it by
the Secretary of Defense, the panel shall—
(1) conduct reviews of progress made by the Department
of Defense to eliminate areas of vulnerability of the defense
contracting system that allow fraud, waste, and abuse to occur;
(2) review the report by the Comptroller General required
by section 841 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3389), relating
to areas of vulnerability of Department of Defense contracts
to fraud, waste, and abuse; and
(3) recommend changes in law, regulations, and policy that
it determines necessary to eliminate such areas of vulnerability.
(c) MEETINGS.—The panel shall meet as determined necessary
by the Secretary of Defense but not less often than once every
six months.
(d) REPORT.—
(1) REQUIREMENT.—The panel shall prepare and submit
to the Secretary of Defense and the congressional defense
committees an annual report on its activities. The report shall
be submitted not later than December 31 of each year and
contain a summary of the panel’s findings and recommendations
for the year covered by the report.
(2) FIRST REPORT.—The first report under this subsection
shall be submitted not later than December 31, 2007, and
shall contain an examination of the current structure in the
Department of Defense for contracting integrity and rec-
ommendations for any changes needed to the system of adminis-
trative safeguards and disciplinary actions to ensure account-
ability at the appropriate level for any violations of appropriate
standards of behavior in contracting.
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(3) INTERIM REPORTS.—The panel may submit such interim
reports to the congressional defense committees as the Sec-
retary of Defense considers appropriate.
(e) TERMINATION.—The panel shall terminate on December 31,
2009.
SEC. 814. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION
OUTCOMES.
(a) GUIDANCE
ON LINKING
OF AWARD
AND INCENTIVE FEES
TO ACQUISITION OUTCOMES.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
issue 
guidance, 
with 
detailed 
implementation 
instructions
(including definitions), for the Department of Defense on the appro-
priate use of award and incentive fees in Department of Defense
acquisition programs.
(b) ELEMENTS.—The guidance under subsection (a) shall—
(1) ensure that all new contracts using award fees link
such fees to acquisition outcomes (which shall be defined in
terms of program cost, schedule, and performance);
(2) establish standards for identifying the appropriate level
of officials authorized to approve the use of award and incentive
fees in new contracts;
(3) provide guidance on the circumstances in which con-
tractor performance may be judged to be ‘‘excellent’’ or ‘‘supe-
rior’’ and the percentage of the available award fee which
contractors should be paid for such performance;
(4) establish standards for determining the percentage of
the available award fee, if any, which contractors should be
paid for performance that is judged to be ‘‘acceptable’’, ‘‘aver-
age’’, ‘‘expected’’, ‘‘good’’, or ‘‘satisfactory’’;
(5) ensure that no award fee may be paid for contractor
performance that is judged to be below satisfactory performance
or performance that does not meet the basic requirements
of the contract;
(6) provide specific direction on the circumstances, if any,
in which it may be appropriate to roll over award fees that
are not earned in one award fee period to a subsequent award
fee period or periods;
(7) ensure consistent use of guidelines and definitions
relating to award and incentive fees across the military depart-
ments and Defense Agencies;
(8) ensure that the Department of Defense—
(A) collects relevant data on award and incentive fees
paid to contractors; and
(B) has mechanisms in place to evaluate such data
on a regular basis;
(9) include performance measures to evaluate the effective-
ness of award and incentive fees as a tool for improving con-
tractor performance and achieving desired program outcomes;
and
(10) provide mechanisms for sharing proven incentive
strategies for the acquisition of different types of products
and services among contracting and program management offi-
cials.
(c) ASSESSMENT OF INDEPENDENT EVALUATION MECHANISMS.—
(1) IN
GENERAL.—The Secretary of Defense shall select
a federally funded research and development center to assess
Deadline.
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various mechanisms that could be used to ensure an inde-
pendent evaluation of contractor performance for the purpose
of making determinations applicable to the judging and pay-
ment of award fees.
(2) CONSIDERATIONS.—The assessment conducted pursuant
to paragraph (1) shall include consideration of the advantages
and disadvantages of a system in which award fees are—
(A) held in a separate fund or funds of the Department
of Defense; and
(B) allocated to a specific program only upon a deter-
mination by an independent board, charged with comparing
contractor performance across programs, that such fees
have been earned by the contractor for such program.
(3) REPORT.—The Secretary shall submit to the congres-
sional defense committees a report on the assessment conducted
pursuant to paragraph (1) not later than one year after the
date of the enactment of this Act.
SEC. 815. REPORT ON DEFENSE INSTRUCTION RELATING TO CON-
TRACTOR 
PERSONNEL 
AUTHORIZED 
TO 
ACCOMPANY
ARMED FORCES.
(a) REPORT ON IMPLEMENTATION OF INSTRUCTION.—The Sec-
retary of Defense shall submit to Congress a report on the Depart-
ment of Defense instruction described in subsection (c).
(b) MATTERS COVERED.—The report shall include the following:
(1) Information on the status of the implementation of
the instruction.
(2) A discussion of how the instruction is being applied
to—
(A) contracts in existence on the date the instruction
was issued, including contracts with respect to which an
option to extend is exercised after such date;
(B) task orders issued under such contracts after the
date referred to in subparagraph (A); and
(C) contracts entered into after the date referred to
in subparagraph (A).
(3) An analysis of the effectiveness of the instruction.
(4) A review of compliance with the instruction.
(c) INSTRUCTION DESCRIBED.—The instruction referred to in
this section is Department of Defense Instruction Number 3020.14,
titled ‘‘Contractor Personnel Authorized to Accompany the United
States Armed Forces’’.
SEC. 816. MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS.
(a) REPORTS
AND
INFORMATION
ON
PROGRAM
COST
AND
PERFORMANCE.—
(1) IN GENERAL.—Part IV of subtitle A of title 10, United
States Code, is amended by inserting after chapter 144 the
following new chapter:
‘‘CHAPTER 144A—MAJOR AUTOMATED INFORMATION
SYSTEM PROGRAMS
‘‘Sec.
‘‘2445a. Major automated information system program defined.
‘‘2445b. Cost, schedule, and performance information.
‘‘2445c. Reports: quarterly reports; reports on program changes.
‘‘2445d. Construction with other reporting requirements.
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‘‘§ 2445a. Major automated information system program
defined
‘‘(a) IN GENERAL.—In this chapter, the term ‘major automated
information system program’ means a Department of Defense pro-
gram for the acquisition of an automated information system (either
as a product or a service) if—
‘‘(1) the program is designated by the Secretary of Defense,
or a designee of the Secretary, as a major automated informa-
tion system program; or
‘‘(2) the dollar value of the program is estimated to exceed—
‘‘(A) $32,000,000 in fiscal year 2000 constant dollars
for all program costs in a single fiscal year;
‘‘(B) $126,000,000 in fiscal year 2000 constant dollars
for all program acquisition costs for the entire program;
or
‘‘(C) $378,000,000 in fiscal year 2000 constant dollars
for the total life-cycle costs of the program (including oper-
ation and maintenance costs).
‘‘(b) ADJUSTMENT.—The Secretary of Defense may adjust the
amounts (and base fiscal year) set forth in subsection (a) on the
basis of Department of Defense escalation rates. An adjustment
under this subsection shall be effective after the Secretary transmits
a written notification of the adjustment to the congressional defense
committees.
‘‘(c) INCREMENTS.—In the event any increment of a major auto-
mated information system program separately meets the require-
ments for treatment as a major automated information system
program, the provisions of this chapter shall apply to such incre-
ment as well as to the overall major automated information system
program of which such increment is a part.
‘‘§ 2445b. Cost, schedule, and performance information
‘‘(a) SUBMITTAL
OF
COST, SCHEDULE, 
AND
PERFORMANCE
INFORMATION.—The Secretary of Defense shall submit to Congress
each calendar year, not later than 45 days after the President
submits to Congress the budget for a fiscal year under section
1105 of title 31, budget justification documents regarding cost,
schedule, and performance for each major automated information
system program for which funds are requested by the President
in the budget.
‘‘(b) ELEMENTS.—The documents submitted under subsection
(a) with respect to a major automated information system program
shall include detailed and summarized information with respect
to the automated information system to be acquired under the
program, and shall specifically include each of the following:
‘‘(1) The development schedule, including major milestones.
‘‘(2) The implementation schedule, including estimates of
milestone dates, initial operational capability, and full oper-
ational capability.
‘‘(3) Estimates of development costs and full life-cycle costs.
‘‘(4) A summary of key performance parameters.
‘‘(c) BASELINE.—(1) For purposes of this chapter, the initial
submittal to Congress of the documents required by subsection
(a) with respect to a major automated information system program
shall constitute the original estimate or information originally sub-
mitted on such program for purposes of the reports and determina-
tions on program changes in section 2445c of this title.
Deadline.
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‘‘(2) An adjustment or revision of the original estimate or
information originally submitted on a program may be treated
as the original estimate or information originally submitted on
the program if the adjustment or revision is the result of a critical
change in the program covered by section 2445c(d) of this title.
‘‘(3) In the event of an adjustment or revision to the original
estimate or information originally submitted on a program under
paragraph (2), the Secretary of Defense shall include in the next
budget justification documents submitted under subsection (a) after
such adjustment or revision a notification to the congressional
defense committees of such adjustment or revision, together with
the reasons for such adjustment or revision.
‘‘§ 2445c. Reports: quarterly reports; reports on program
changes
‘‘(a) QUARTERLY REPORTS BY PROGRAM MANAGERS.—The pro-
gram manager of a major automated information system program
shall, on a quarterly basis, submit to the senior Department of
Defense official responsible for the program a written report identi-
fying any variance in the projected development schedule,
implementation schedule, life-cycle costs, or key performance
parameters for the major automated information system to be
acquired under the program from such information as originally
submitted to Congress under section 2445b of this title.
‘‘(b) SENIOR OFFICIALS RESPONSIBLE FOR PROGRAMS.—For pur-
poses of this section, the senior Department of Defense official
responsible for a major automated information system program
is—
‘‘(1) in the case of an automated information system to
be acquired for a military department, the senior acquisition
executive for the military department; or
‘‘(2) in the case of any other automated information system
to be acquired for the Department of Defense or any component
of the Department of Defense, the Under Secretary of Defense
for Acquisition, Technology, and Logistics.
‘‘(c) REPORT ON SIGNIFICANT CHANGES IN PROGRAM.—
‘‘(1) IN GENERAL.—If, based on a quarterly report submitted
by the program manager of a major automated information
system program pursuant to subsection (a), the senior Depart-
ment of Defense official responsible for the program makes
a determination described in paragraph (2), the official shall,
not later than 45 days after receiving such report, notify the
congressional defense committees in writing of such determina-
tion.
‘‘(2) COVERED DETERMINATION.—A determination described
in this paragraph with respect to a major automated informa-
tion system program is a determination that—
‘‘(A) there has been a schedule change that will cause
a delay of more than six months but less than a year
in any program schedule milestone or significant event
from the schedule originally submitted to Congress under
paragraph (1) or (2) of section 2445b(b) of this title;
‘‘(B) the estimated program development cost or full
life-cycle cost for the program has increased by at least
15 percent, but less than 25 percent, over the original
estimate submitted to Congress under paragraph (3) of
section 2445b(b) of this title; or
Notification.
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‘‘(C) there has been a significant, adverse change in
the expected performance of the major automated informa-
tion system to be acquired under the program from the
parameters originally submitted to Congress under para-
graph (4) of section 2445b(b) of this title.
‘‘(d) REPORT ON CRITICAL CHANGES IN PROGRAM.—
‘‘(1) IN GENERAL.—If, based on a quarterly report submitted
by the program manager of a major automated information
system program pursuant to subsection (a), the senior Depart-
ment of Defense official responsible for the program makes
a determination described in paragraph (2), the official shall,
not later than 60 days after receiving such report—
‘‘(A) carry out an evaluation of the program under
subsection (e); and
‘‘(B) submit, through the Secretary of Defense, to the
congressional defense committees a report meeting the
requirements of subsection (f).
‘‘(2) COVERED DETERMINATION.—A determination described
in this paragraph with respect to a major automated informa-
tion system program is a determination that—
‘‘(A) the system failed to achieve initial operational
capability within five years of milestone A approval;
‘‘(B) there has been a schedule change that will cause
a delay of one year or more in any program schedule
milestone or significant event from the schedule originally
submitted to Congress under paragraph (1) or (2) of section
2445b(b) of this title;
‘‘(C) the estimated program development cost or full
life-cycle cost for the program has increased by 25 percent
or more over the original estimate submitted to Congress
under paragraph (3) of section 2445b(b) of this title; or
‘‘(D) there has been a change in the expected perform-
ance of the major automated information system to be
acquired under the program that will undermine the ability
of the system to perform the functions anticipated at the
time information on the program was originally submitted
to Congress under section 2445b(b) of this title.
‘‘(e) PROGRAM EVALUATION.—The evaluation of a major auto-
mated information system program conducted under this subsection
for purposes of subsection (d)(1)(A) shall include an assessment
of—
‘‘(1) the projected cost and schedule for completing the
program if current requirements are not modified;
‘‘(2) the projected cost and schedule for completing the
program based on reasonable modification of such require-
ments; and
‘‘(3) the rough order of magnitude of the cost and schedule
for any reasonable alternative system or capability.
‘‘(f) REPORT ON CRITICAL PROGRAM CHANGES.—A report on a
major automated information system program conducted under this
subsection for purposes of subsection (d)(1)(B) shall include a writ-
ten certification (with supporting explanation) stating that—
‘‘(1) the automated information system to be acquired under
the program is essential to the national security or to the
efficient management of the Department of Defense;
‘‘(2) there is no alternative to the system which will provide
equal or greater capability at less cost;
Certification.
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‘‘(3) the new estimates of the costs, schedule, and perform-
ance parameters with respect to the program and system are
reasonable; and
‘‘(4) the management structure for the program is adequate
to manage and control program costs.
‘‘(g) PROHIBITION ON OBLIGATION OF FUNDS.—(1) If the deter-
mination of a critical change to a program is made by the senior
Department official responsible for the program under subsection
(d)(2) and a report is not submitted to Congress within the 60-
day period provided by subsection (d)(1), appropriated funds may
not be obligated for any major contract under the program.
‘‘(2) The prohibition on the obligation of funds for a program
under paragraph (1) shall cease to apply on the date on which
Congress has received a report in compliance with the requirements
of subsection (d)(2).
‘‘§ 2445d. Construction with other reporting requirements
‘‘In the case of a major automated information system program
covered by this chapter that is also treatable as a major defense
acquisition program for which reports would be required under
chapter 144 of this title, no reports on the program are required
under such chapter if the requirements of this chapter with respect
to the program are met.’’.
(2) CLERICAL
AMENDMENTS.—The tables of chapters the
beginning of subtitle A of such title, and of part IV of subtitle
A of such title, are each amended by inserting after the item
relating to chapter 144 the following new item:
‘‘144A. Major Automated Information System Programs ...................................2445a’’.
(b) REPORT
ON
REPORTING
REQUIREMENTS
APPLICABLE
TO
MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS.—Not later
than 180 days after the date of enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees
a report setting forth the reporting requirements applicable to major
automated information system programs as of the date of the report,
including a specification of such reporting requirements considered
by the Secretary to be duplicative or redundant.
(c) EFFECTIVE DATE.—
(1) IN
GENERAL.—The amendments made by subsection
(a) shall take effect on January 1, 2008, and shall apply with
respect to any major automated information system program
for which amounts are requested in the budget of the President
(as submitted to Congress under section 1105 of title 31, United
States Code) for a fiscal year after fiscal year 2008, regardless
of whether the acquisition of the automated information system
to be acquired under the program was initiated before, on,
or after January 1, 2008.
(2) REPORT REQUIREMENT.—Subsection (b) shall take effect
on the date of the enactment of this Act.
SEC. 817. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF
THE 
DEPARTMENT 
OF 
DEFENSE 
BY 
CERTAIN 
NON-
DEFENSE AGENCIES.
(a) INSPECTOR GENERAL REVIEWS AND DETERMINATIONS.—
(1) IN
GENERAL.—For each covered non-defense agency,
the Inspector General of the Department of Defense and the
Inspector General of such non-defense agency shall, not later
than March 15, 2007, jointly—
Deadline.
Applicability.
Termination
date.
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(A) review—
(i) the procurement policies, procedures, and
internal controls of such non-defense agency that are
applicable to the procurement of property and services
on behalf of the Department by such non-defense
agency; and
(ii) the administration of those policies, procedures,
and internal controls; and
(B) determine in writing whether—
(i) such non-defense agency is compliant with
defense procurement requirements;
(ii) such non-defense agency is not compliant with
defense procurement requirements, but has a program
or initiative to significantly improve compliance with
defense procurement requirements;
(iii) neither of the conclusions stated in clauses
(i) and (ii) is correct in the case of such non-defense
agency; or
(iv) such non-defense agency is not compliant with
defense procurement requirements to such an extent
that the interests of the Department of Defense are
at risk in procurements conducted by such non-defense
agency.
(2) ACTIONS FOLLOWING CERTAIN DETERMINATIONS.—If the
Inspectors General determine under paragraph (1) that a
conclusion stated in clause (ii), (iii), or (iv) of subparagraph
(B) of that paragraph is correct in the case of a covered non-
defense agency, such Inspectors General shall, not later than
June 15, 2008, jointly—
(A) conduct a second review, as described in subpara-
graph (A) of that paragraph, regarding such non-defense
agency’s procurement of property or services on behalf of
the Department of Defense in fiscal year 2007; and
(B) determine in writing whether such non-defense
agency is or is not compliant with defense procurement
requirements.
(b) COMPLIANCE
WITH
DEFENSE
PROCUREMENT
REQUIRE-
MENTS.—For the purposes of this section, a covered non-defense
agency is compliant with defense procurement requirements if such
non-defense agency’s procurement policies, procedures, and internal
controls applicable to the procurement of products and services
on behalf of the Department of Defense, and the manner in which
they are administered, are adequate to ensure such non-defense
agency’s compliance with the requirements of laws and regulations
that apply to procurements of property and services made directly
by the Department of Defense.
(c) MEMORANDA
OF UNDERSTANDING BETWEEN INSPECTORS
GENERAL.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Inspector General of the
Department of Defense and the Inspector General of each cov-
ered non-defense agency shall enter into a memorandum of
understanding with each other to carry out the reviews and
make the determinations required by this section.
(2) SCOPE OF MEMORANDA.—The Inspector General of the
Department of Defense and the Inspector General of a covered
non-defense agency may by mutual agreement conduct separate
Deadline.
Deadline.
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reviews of the procurement of property and services on behalf
of the Department of Defense that are conducted by separate
business units, or under separate governmentwide acquisition
contracts, of such non-defense agency. In any case where such
separate reviews are conducted, the Inspectors General shall
make separate determinations under paragraph (1) or (2) of
subsection (a), as applicable, with respect to each such separate
review.
(d) LIMITATIONS ON PROCUREMENTS ON BEHALF OF DEPARTMENT
OF DEFENSE.—
(1) LIMITATION DURING REVIEW PERIOD.—After March 15,
2007, and before June 16, 2008, no official of the Department
of Defense may, except as provided in subsection (e) or (f),
order, purchase, or otherwise procure property or services in
an amount in excess of $100,000 through a covered non-defense
agency for which a determination described in clause (iii) or
(iv) of paragraph (1)(B) of subsection (a) has been made under
subsection (a).
(2) LIMITATION AFTER REVIEW PERIOD.—After June 15, 2008,
no official of the Department of Defense may, except as provided
in subsection (e) or (f), order, purchase, or otherwise procure
property or services in an amount in excess of $100,000 through
a covered non-defense agency that, having been subject to
review under this section, has not been determined under this
section as being compliant with defense procurement require-
ments.
(3) LIMITATION FOLLOWING FAILURE TO REACH MOU.—Com-
mencing on the date that is 60 days after the date of the
enactment of this Act, if a memorandum of understanding
between the Inspector General of the Department of Defense
and the Inspector General of a covered non-defense agency
cannot be attained causing the review required by this section
to not be performed, no official of the Department of Defense,
except as provided in subsection (e) or (f), may order, purchase
or otherwise procure property or services in an amount in
excess of $100,000 through such non-defense agency.
(e) EXCEPTION FROM APPLICABILITY OF LIMITATIONS.—
(1) EXCEPTION.—No limitation applies under subsection (d)
with respect to the procurement of property and services on
behalf of the Department of Defense by a covered non-defense
agency during any period that there is in effect a determination
of the Under Secretary of Defense for Acquisition, Technology,
and Logistics, made in writing, that it is necessary in the
interest of the Department of Defense to continue to procure
property and services through such non-defense agency.
(2) APPLICABILITY
OF
DETERMINATION.—A written deter-
mination with respect to a covered non-defense agency under
paragraph (1) is in effect for the period, not in excess of one
year, that the Under Secretary shall specify in the written
determination. The Under Secretary may extend from time
to time, for up to one year at a time, the period for which
the written determination remains in effect.
(f) TERMINATION OF APPLICABILITY OF LIMITATIONS.—Subsection
(d) shall cease to apply to a covered non-defense agency on the
date on which the Inspector General of the Department of Defense
and the Inspector General of such non-defense agency jointly—
Deadlines.
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(1) determine that such non-defense agency is compliant
with defense procurement requirements; and
(2) notify the Secretary of Defense of that determination.
(g) IDENTIFICATION OF PROCUREMENTS MADE DURING A PAR-
TICULAR FISCAL YEAR.—For the purposes of subsection (a), a
procurement shall be treated as being made during a particular
fiscal year to the extent that funds are obligated by the Department
of Defense for that procurement in that fiscal year.
(h) RESOLUTION OF DISAGREEMENTS.—If the Inspector General
of the Department of Defense and the Inspector General of a covered
non-defense agency are unable to agree on a joint determination
under subsection (a) or (f), a determination by the Inspector General
of the Department of Defense under such subsection shall be conclu-
sive for the purposes of this section.
(i) DEFINITIONS.—In this section:
(1) The term ‘‘covered non-defense agency’’ means each
of the following:
(A) The Department of Veterans Affairs.
(B) The National Institutes of Health.
(2) The term ‘‘governmentwide acquisition contract’’, with
respect to a covered non-defense agency, means a task or
delivery order contract that—
(A) is entered into by the non-defense agency; and
(B) may be used as the contract under which property
or services are procured for one or more other departments
or agencies of the Federal Government.
SEC. 818. DETERMINATION OF CONTRACT TYPE FOR DEVELOPMENT
PROGRAMS.
(a) REPEAL
OF SUPERSEDED REQUIREMENTS.—Section 807 of
the National Defense Authorization Act, Fiscal Year 1989 (10 U.S.C.
2304 note) is repealed.
(b) MODIFICATION OF REGULATIONS.—Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense
shall modify the regulations of the Department of Defense regarding
the determination of contract type for development programs.
(c) ELEMENTS.—As modified under subsection (b), the regula-
tions shall require the Milestone Decision Authority for a major
defense acquisition program to select the contract type for a develop-
ment program at the time of a decision on Milestone B approval
(or Key Decision Point B approval in the case of a space program)
that is consistent with the level of program risk for the program.
The Milestone Decision Authority may select—
(1) a fixed-price type contract (including a fixed price incen-
tive contract); or
(2) a cost type contract.
(d) CONDITIONS WITH RESPECT
TO AUTHORIZATION
OF COST
TYPE CONTRACT.—As modified under subsection (b), the regulations
shall provide that the Milestone Decision Authority may authorize
the use of a cost type contract under subsection (c) for a development
program only upon a written determination that—
(1) the program is so complex and technically challenging
that it would not be practicable to reduce program risk to
a level that would permit the use of a fixed-price type contract;
and
Deadline.
Notification.
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120 STAT. 2330
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(2) the complexity and technical challenge of the program
is not the result of a failure to meet the requirements estab-
lished in section 2366a of title 10, United States Code.
(e) JUSTIFICATION
FOR SELECTION
OF CONTRACT TYPE.—As
modified under subsection (b), the regulations shall require the
Milestone Decision Authority to document the basis for the contract
type selected for a program. The documentation shall include an
explanation of the level of program risk for the program and,
if the Milestone Decision Authority determines that the level of
program risk is high, the steps that have been taken to reduce
program risk and reasons for proceeding with Milestone B approval
despite the high level of program risk.
SEC. 819. THREE-YEAR EXTENSION OF REQUIREMENT FOR REPORTS
ON COMMERCIAL PRICE TREND ANALYSES OF THE
DEPARTMENT OF DEFENSE.
Section 803(c)(4) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (10 U.S.C. 2306a note)
is amended by striking ‘‘2006’’ and inserting ‘‘2009’’.
SEC. 820. GOVERNMENT PERFORMANCE OF CRITICAL ACQUISITION
FUNCTIONS.
(a) GOAL.—It shall be the goal of the Department of Defense
and each of the military departments to ensure that, within five
years after the date of the enactment of this Act, for each major
defense acquisition program and each major automated information
system program, each of the following positions is performed by
a properly qualified member of the Armed Forces or full-time
employee of the Department of Defense:
(1) Program manager.
(2) Deputy program manager.
(3) Chief engineer.
(4) Systems engineer.
(5) Cost estimator.
(b) PLAN
OF ACTION.—Not later than six months after the
date of enactment of this Act, the Secretary of Defense shall develop
and begin implementation of a plan of action for recruiting, training,
and ensuring appropriate career development of military and
civilian personnel to achieve the objective established in subsection
(a). The plan of action required by this subsection shall include
specific, measurable interim milestones.
(c) REPORTS.—Not later than one year after the date of the
enactment of this Act and each year thereafter, the Secretary of
Defense shall submit to the congressional defense committees a
report on the progress made by the Department of Defense and
the military departments toward achieving the goal established
in subsection (a).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘major defense acquisition program’’ has the
meaning given such term in section 2430(a) of title 10, United
States Code.
(2) The term ‘‘major automated information system pro-
gram’’ has the meaning given such term in section 2445a(a)
of title 10, United States Code (as added by section 816 of
this Act).
Deadline.
Deadline.
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PUBLIC LAW 109–364—OCT. 17, 2006
Subtitle C—Amendments to General Con-
tracting Authorities, Procedures, and
Limitations
SEC. 831. ONE-YEAR EXTENSION OF SPECIAL TEMPORARY CONTRACT
CLOSEOUT AUTHORITY.
Section 804(d) of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1542) is amended
by striking ‘‘September 30, 2006’’ and inserting ‘‘September 30,
2007’’.
SEC. 832. LIMITATION ON CONTRACTS FOR THE ACQUISITION OF CER-
TAIN SERVICES.
(a) LIMITATION.—Except as provided in subsection (b), the Sec-
retary of Defense may not enter into a service contract to acquire
a military flight simulator.
(b) WAIVER.—The Secretary of Defense may waive subsection
(a) with respect to a contract if the Secretary—
(1) determines that a waiver is necessary for national secu-
rity purposes; and
(2) provides to the congressional defense committees an
economic analysis as described in subsection (c) at least 30
days before the waiver takes effect.
(c) ECONOMIC
ANALYSIS.—The economic analysis provided
under subsection (b) shall include, at a minimum, the following:
(1) A clear explanation of the need for the contract.
(2) An examination of at least two alternatives for fulfilling
the requirements that the contract is meant to fulfill, including
the following with respect to each alternative:
(A) A rationale for including the alternative.
(B) A cost estimate of the alternative and an analysis
of the quality of each cost estimate.
(C) A discussion of the benefits to be realized from
the alternative.
(D) A best value determination of each alternative
and a detailed explanation of the life-cycle cost calculations
used in the determination.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘military flight simulator’’ means any major
system to simulate the form, fit, and function of a military
aircraft that has no commonly available commercial variant.
(2) The term ‘‘service contract’’ means any contract entered
into by the Department of Defense the principal purpose of
which is to furnish services in the United States through the
use of service employees.
(3) The term ‘‘service employees’’ has the meaning provided
in section 8(b) of the Service Contract Act of 1965 (41 U.S.C.
357(b)).
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SEC. 833. USE OF FEDERAL SUPPLY SCHEDULES BY STATE AND LOCAL
GOVERNMENTS 
FOR 
GOODS 
AND 
SERVICES 
FOR
RECOVERY FROM NATURAL DISASTERS, TERRORISM, OR
NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL
ATTACK.
(a) AUTHORITY TO USE SUPPLY SCHEDULES FOR CERTAIN GOODS
AND SERVICES.—Section 502 of title 40, United States Code, is
amended by adding at the end the following new subsection:
‘‘(d) USE OF SUPPLY SCHEDULES FOR CERTAIN GOODS AND SERV-
ICES.—
‘‘(1) IN GENERAL.—The Administrator may provide for the
use by State or local governments of Federal supply schedules
of the General Services Administration for goods or services
that are to be used to facilitate recovery from a major disaster
declared by the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
or to facilitate recovery from terrorism or nuclear, biological,
chemical, or radiological attack.
‘‘(2) DETERMINATION BY SECRETARY OF HOMELAND SECU-
RITY.—The Secretary of Homeland Security shall determine
which goods and services qualify as goods and services described
in paragraph (1) before the Administrator provides for the
use of the Federal supply schedule relating to such goods and
services.
‘‘(3) VOLUNTARY USE.—In the case of the use by a State
or local government of a Federal supply schedule pursuant
to paragraph (1), participation by a firm that sells to the
Federal Government through the supply schedule shall be vol-
untary with respect to a sale to the State or local government
through such supply schedule.
‘‘(4) DEFINITIONS.—The definitions in subsection (c)(3) shall
apply for purposes of this subsection.’’.
(b) PROCEDURES.—Not later than 30 days after the date of
the enactment of this Act, the Administrator of General Services
shall establish procedures to implement subsection (d) of section
502 of title 40, United States Code (as added by subsection (a)).
SEC. 834. WAIVERS TO EXTEND TASK ORDER CONTRACTS FOR
ADVISORY AND ASSISTANCE SERVICES.
(a) DEFENSE CONTRACTS.—
(1) WAIVER AUTHORITY.—The head of an agency may issue
a waiver to extend a task order contract entered into under
section 2304b of title 10, United States Code, for a period
not exceeding 10 years, through five one-year options, if the
head of the agency determines in writing—
(A) that the contract provides engineering or technical
services of such a unique and substantial technical nature
that award of a new contract would be harmful to the
continuity of the program for which the services are per-
formed;
(B) that award of a new contract would create a large
disruption in services provided to the Department of
Defense; and
(C) that the Department of Defense would, through
award of a new contract, endure program risk during crit-
ical program stages due to loss of program corporate knowl-
edge of ongoing program activities.
Deadline.
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(2) DELEGATION.—The authority of the head of an agency
under paragraph (1) may be delegated only to the senior
procurement executive of the agency.
(3) REPORT.—Not later than April 1, 2007, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on
advisory and assistance services. The report shall include the
following information:
(A) The methods used by the Department of Defense
to identify a contract as an advisory and assistance services
contract, as defined in section 2304b of title 10, United
States Code.
(B) The number of such contracts awarded by the
Department during the five-year period preceding the date
of the enactment of this Act.
(C) The average annual expenditures by the Depart-
ment for such contracts.
(D) The average length of such contracts.
(E) The number of such contracts recompeted and
awarded to the previous award winner.
(4) PROHIBITION
ON
USE
OF
AUTHORITY
BY
DEPARTMENT
OF DEFENSE IF REPORT NOT SUBMITTED.—The head of an agency
may not issue a waiver under paragraph (1) if the report
required by paragraph (3) is not submitted by the date set
forth in that paragraph.
(b) CIVILIAN AGENCY CONTRACTS.—
(1) WAIVER AUTHORITY.—The head of an executive agency
may issue a waiver to extend a task order contract entered
into under section 303I of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 253i) for a period not
exceeding 10 years, through five one-year options, if the head
of the agency determines in writing—
(A) that the contract provides engineering or technical
services of such a unique and substantial technical nature
that award of a new contract would be harmful to the
continuity of the program for which the services are per-
formed;
(B) that award of a new contract would create a large
disruption in services provided to the executive agency;
and
(C) that the executive agency would, through award
of a new contract, endure program risk during critical
program stages due to loss of program corporate knowledge
of ongoing program activities.
(2) DELEGATION.—The authority of the head of an executive
agency under paragraph (1) may be delegated only to the Chief
Acquisition Officer of the agency (or the senior procurement
executive in the case of an agency for which a Chief Acquisition
Officer has not been appointed or designated under section
16(a) of the Office of Federal Procurement Policy Act (41 U.S.C.
414(a))).
(3) REPORT.—Not later than April 1, 2007, the Adminis-
trator for Federal Procurement Policy shall submit to the Com-
mittee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Government Reform of the House
of Representatives a report on advisory and assistance services.
The report shall include the following information:
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(A) The methods used by executive agencies to identify
a contract as an advisory and assistance services contract,
as defined in section 303I(i) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253i(i)).
(B) The number of such contracts awarded by each
executive agency during the five-year period preceding the
date of the enactment of this Act.
(C) The average annual expenditures by each executive
agency for such contracts.
(D) The average length of such contracts.
(E) The number of such contracts recompeted and
awarded to the previous award winner.
(4) PROHIBITION ON USE OF AUTHORITY BY EXECUTIVE AGEN-
CIES
IF
REPORT
NOT
SUBMITTED.—The head of an executive
agency may not issue a waiver under paragraph (1) if the
report required by paragraph (3) is not submitted by the date
set forth in that paragraph.
(c) TERMINATION OF AUTHORITY.—A waiver may not be issued
under this section after December 31, 2011.
(d) COMPTROLLER GENERAL REVIEW.—
(1) REPORT REQUIREMENT.—Not later than one year after
the date of the enactment of this Act, the Comptroller General
shall submit to the committees described in paragraph (3) a
report on the use of advisory and assistance services contracts
by the Federal Government.
(2) DEFENSE AND CIVILIAN AGENCY CONTRACTS COVERED.—
The report shall cover both of the following:
(A) Advisory and assistance services contracts as
defined in section 2304b of title 10, United States Code.
(B) Advisory and assistance services contracts as
defined in section 303I(i) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253i(i)).
(3) MATTERS COVERED.—The report shall address the fol-
lowing issues:
(A) The extent to which executive agencies and ele-
ments of the Department of Defense require advisory and
assistance services for periods of greater than five years.
(B) The extent to which such advisory and assistance
services are provided by the same contractors under recur-
ring contracts.
(C) The rationale for contracting for advisory and
assistance services that will be needed on a continuing
basis, rather than performing the services inside the Fed-
eral Government.
(D) The contract types and oversight mechanisms used
by the Federal Government in contracts for advisory and
assistance services and the extent to which such contract
types and oversight mechanisms are adequate to protect
the interests of the Government and taxpayers.
(E) The actions taken by the Federal Government to
prevent organizational conflicts of interest and improper
personal services contracts in its contracts for advisory
and assistance services.
(4) COMMITTEES.—The committees described in this para-
graph are the following:
(A) The Committees on Armed Services and on Home-
land Security and Governmental Affairs of the Senate.
Deadline.
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PUBLIC LAW 109–364—OCT. 17, 2006
(B) The Committees on Armed Services and on Govern-
ment Reform of the House of Representatives.
Subtitle D—United States Defense
Industrial Base Provisions
SEC. 841. ASSESSMENT AND ANNUAL REPORT OF UNITED STATES
DEFENSE INDUSTRIAL BASE CAPABILITIES AND ACQUISI-
TIONS OF ARTICLES, MATERIALS, AND SUPPLIES MANU-
FACTURED OUTSIDE THE UNITED STATES.
Section 812 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108–136; 117 Stat. 1542) is amended—
(1) by amending the heading to read as follows:
‘‘SEC. 812. ASSESSMENT AND ANNUAL REPORT OF UNITED STATES
DEFENSE INDUSTRIAL BASE CAPABILITIES AND ACQUISI-
TIONS OF ARTICLES, MATERIALS, AND SUPPLIES MANU-
FACTURED OUTSIDE THE UNITED STATES.’’;
(2) by adding at the end of subsection (c)(2)(A) the following
new clauses:
‘‘(v) The dollar value of any articles, materials, or supplies
purchased that were manufactured outside of the United States.
‘‘(vi) 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.).
‘‘(vii) A summary of—
‘‘(I) the total procurement funds expended on articles,
materials, and supplies manufactured inside the United
States; and
‘‘(II) the total procurement funds expended on articles,
materials, and supplies manufactured outside the United
States.’’; and
(3) by adding at the end the following new subsections:
‘‘(d) PUBLIC AVAILABILITY.—The Secretary of Defense shall
make the report submitted under subsection (c) publicly available
to the maximum extent practicable.
‘‘(e) APPLICABILITY.—This section shall not apply to acquisitions
made by an agency, or component thereof, that is an element
of the intelligence community as set forth in or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).’’.
SEC. 842. PROTECTION OF STRATEGIC MATERIALS CRITICAL TO
NATIONAL SECURITY.
(a) REQUIREMENT TO BUY FROM AMERICAN SOURCES.—
(1) IN GENERAL.—Subchapter V of chapter 148 of title 10,
United States Code, is amended by inserting after section 2533a
the following new section:
‘‘§ 2533b. Requirement to buy strategic materials critical to
national security from American sources; excep-
tions
‘‘(a) REQUIREMENT.—Except as provided in subsections (b)
through (j), funds appropriated or otherwise available to the Depart-
ment of Defense may not be used for procurement of—
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120 STAT. 2336
PUBLIC LAW 109–364—OCT. 17, 2006
‘‘(1) the following types of end items, or components thereof,
containing a specialty metal not melted or produced in the
United States: aircraft, missile and space systems, ships, tank
and automotive items, weapon systems, or ammunition; or
‘‘(2) a specialty metal that is not melted or produced in
the United States and that is to be purchased directly by
the Department of Defense or a prime contractor of the Depart-
ment.
‘‘(b) AVAILABILITY EXCEPTION.—(1) Subsection (a) does not apply
to the extent that the Secretary of Defense or the Secretary of
the military department concerned determines that compliant spe-
cialty metal of satisfactory quality and sufficient quantity, and
in the required form, cannot be procured as and when needed.
For purposes of the preceding sentence, the term ‘compliant spe-
cialty metal’ means specialty metal melted or produced in the
United States.
‘‘(2) This subsection applies to prime contracts and subcontracts
at any tier under such contracts.
‘‘(c) EXCEPTION FOR CERTAIN PROCUREMENTS.—Subsection (a)
does not apply to the following:
‘‘(1) Procurements outside the United States in support
of combat operations or in support of contingency operations.
‘‘(2) Procurements for which the use of procedures other
than competitive procedures has been approved on the basis
of section 2304(c)(2) of this title, relating to unusual and compel-
ling urgency of need.
‘‘(d) EXCEPTION RELATING
TO AGREEMENTS WITH FOREIGN
GOVERNMENTS.—Subsection (a)(1) does not preclude the procure-
ment of a specialty metal if—
‘‘(1) the procurement is necessary—
‘‘(A) to comply with agreements with foreign govern-
ments requiring the United States to purchase supplies
from foreign sources for the purposes of offsetting sales
made by the United States Government or United States
firms under approved programs serving defense require-
ments; or
‘‘(B) in furtherance of agreements with foreign govern-
ments in which both such governments agree to remove
barriers to purchases of supplies produced in the other
country or services performed by sources of the other
country; and
‘‘(2) any such agreement with a foreign government com-
plies, where applicable, with the requirements of section 36
of the Arms Export Control Act (22 U.S.C. 2776) and with
section 2457 of this title.
‘‘(e) EXCEPTION FOR COMMISSARIES, EXCHANGES, AND OTHER
NONAPPROPRIATED FUND INSTRUMENTALITIES.—Subsection (a) does
not apply to items purchased for resale purposes in commissaries,
exchanges, and nonappropriated fund instrumentalities operated
by the Department of Defense.
‘‘(f) EXCEPTION FOR SMALL PURCHASES.—Subsection (a) does
not apply to procurements in amounts not greater than the sim-
plified acquisition threshold referred to in section 2304(g) of this
title.
‘‘(g) EXCEPTION FOR PURCHASES OF ELECTRONIC COMPONENTS.—
Subsection (a) does not apply to procurements of commercially
available electronic components whose specialty metal content is
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120 STAT. 2337
PUBLIC LAW 109–364—OCT. 17, 2006
de minimis in value compared to the overall value of the lowest
level electronic component produced that contains such specialty
metal.
‘‘(h) APPLICABILITY TO PROCUREMENTS OF COMMERCIAL ITEMS.—
This section applies to procurements of commercial items notwith-
standing section 34 of the Office of Federal Procurement Policy
Act (41 U.S.C. 430).
‘‘(i) SPECIALTY METAL DEFINED.—In this section, the term ‘spe-
cialty metal’ means any of the following:
‘‘(1) Steel—
‘‘(A) with a maximum alloy content exceeding one or
more of the following limits: manganese, 1.65 percent; sil-
icon, 0.60 percent; or copper, 0.60 percent; or
‘‘(B) containing more than 0.25 percent of any of the
following elements: aluminum, chromium, cobalt, colum-
bium, molybdenum, nickel, titanium, tungsten, or vana-
dium.
‘‘(2) Metal alloys consisting of nickel, iron-nickel, and cobalt
base alloys containing a total of other alloying metals (except
iron) in excess of 10 percent.
‘‘(3) Titanium and titanium alloys.
‘‘(4) Zirconium and zirconium base alloys.
‘‘(j) ADDITIONAL DEFINITIONS.—In this section:
‘‘(1) The term ‘United States’ includes possessions of the
United States.
‘‘(2) The term ‘component’ has the meaning provided in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403).’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such subchapter is amended by adding at the
end the following new item:
‘‘2533b. Requirement to buy strategic materials critical to national security from
American sources; exceptions.’’.
(3) CONFORMING AMENDMENTS.—Section 2533a of title 10,
United States Code, is amended—
(A) by striking paragraph (2) of subsection (b) and
redesignating paragraph (3) of such subsection as para-
graph (2);
(B) in subsection (c), by striking ‘‘or specialty metals
(including stainless steel flatware)’’; and
(C) in subsection (e)—
(i) by striking ‘‘SPECIALTY METALS
AND’’ in the
heading; and
(ii) by striking ‘‘specialty metals or’’.
(4) EFFECTIVE DATES.—
(A) Section 2533b of title 10, United States Code, as
added by paragraph (1), shall apply with respect to con-
tracts entered into after the date occurring 30 days after
the date of the enactment of this Act.
(B) The amendments made by paragraph (3) shall take
effect on the date occurring 30 days after the date of
the enactment of this Act.
(b) ONE-TIME WAIVER OF SPECIALTY METALS DOMESTIC SOURCE
REQUIREMENT.—
(1) AUTHORITY.—The Secretary of Defense or the Secretary
of a military department may accept specialty metals if such
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metals were incorporated into items produced, manufactured,
or assembled in the United States before the date of the enact-
ment of this Act with respect to which the contracting officer
for the contract determines that the contractor is not in compli-
ance with section 2533b of title 10, United States Code (as
added by subsection (a)(1)), if—
(A) the contracting officer for the contract determines
in writing that—
(i) it would not be practical or economical to remove
or replace the specialty metals incorporated in such
items or to substitute items containing compliant mate-
rials;
(ii) the prime contractor and subcontractor respon-
sible for providing items containing non-compliant
materials have in place an effective plan to ensure
compliance with section 2533b of title 10, United States
Code (as so added), with regard to items containing
specialty metals if such metals were incorporated into
items produced, manufactured, or assembled in the
United States after the date of the enactment of this
Act; and
(iii) the non-compliance is not knowing or willful;
and
(B) the Under Secretary of Defense for Acquisition,
Technology, and Logistics or the service acquisition execu-
tive of the military department concerned approves the
determination.
(2) NOTICE.—Not later than 15 days after a contracting
officer makes a determination under paragraph (1)(A) 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.
(3) 
DEFINITION.—In 
this 
subsection, 
the 
term
‘‘FedBizOpps.gov’’ means the website maintained by the Gen-
eral Services Administration known as FedBizOpps.gov (or any
successor site).
(4) TERMINATION OF AUTHORITY.—A contracting officer may
exercise the authority under this subsection only with respect
to the delivery of items the final acceptance of which takes
place after the date of the enactment of this Act and before
September 30, 2010.
SEC. 843. STRATEGIC MATERIALS PROTECTION BOARD.
(a) IN GENERAL.—Chapter 7 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 187. Strategic Materials Protection Board
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense shall estab-
lish a Strategic Materials Protection Board.
‘‘(2) The Board shall be composed of representatives of the
following:
‘‘(A) The Secretary of Defense, who shall be the chairman
of the Board.
‘‘(B) The Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics.
‘‘(C) The Under Secretary of Defense for Intelligence.
‘‘(D) The Secretary of the Army.
Deadline.
Website.
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120 STAT. 2339
PUBLIC LAW 109–364—OCT. 17, 2006
‘‘(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 materials designated as critical to national security
to ensure that national defense needs are met;
‘‘(2) analyze the risk associated with each material des-
ignated as critical to national security and the effect on national
defense that the nonavailability of such material from a
domestic source would have;
‘‘(3) recommend a strategy to the President to ensure the
domestic availability of materials 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 materials critical to national security;
and
‘‘(5) publish not less frequently than once every two years
in the Federal Register recommendations regarding materials
critical to national security, including a list of specialty metals,
if any, recommended for addition to, or removal from, the
definition of ‘specialty metal’ for purposes of section 2533b
of this title.
‘‘(c) MEETINGS.—The Board shall meet as determined necessary
by the Secretary of Defense but not less frequently than once
every two years to make recommendations regarding materials
critical to national security as described in subsection (b)(5).
‘‘(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 recommendations as the Board determines
appropriate.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 Stra-
tegic Materials Protection Board, established by section 187 of
title 10, United States Code (as added by subsection (a)) shall
be not later than 180 days after the date of the enactment of
this Act.
Subtitle E—Other Matters
SEC. 851. REPORT ON FORMER DEPARTMENT OF DEFENSE OFFICIALS
EMPLOYED BY CONTRACTORS OF THE DEPARTMENT OF
DEFENSE.
(a) REPORT REQUIRED.—Not later than December 1, 2007, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
the employment of former officials of the Department of Defense
by major defense contractors during the most recent calendar year
for which, in the judgment of the Comptroller General, data are
reasonably available. The report shall assess the extent to which
Deadline.
Federal Register,
publication.
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120 STAT. 2340
PUBLIC LAW 109–364—OCT. 17, 2006
former officials of the Department of Defense who served in acquisi-
tion-related positions were provided compensation by major defense
contractors during such calendar year.
(b) OBJECTIVES
OF
REPORT.—The objectives of the report
required by subsection (a) shall be to determine the effectiveness
of existing statutes and regulations governing the employment of
former Department of Defense officials by defense contractors,
including section 207 of title 18, United States Code, and section
27 of the Office of Federal Procurement Policy Act (41 U.S.C.
423). At a minimum, the report shall assess the extent to which
such former officials who receive compensation from defense con-
tractors have been assigned by those contractors to work on—
(1) Department of Defense contracts or programs for which
such former officials personally had program oversight responsi-
bility or decision-making authority when they served in the
Department of Defense; or
(2) Department of Defense contracts or programs which
are the responsibility of the agency, office, or command in
which such former officials served in the Department of
Defense.
(c) CONFIDENTIALITY REQUIREMENT.—The report required by
subsection (a) shall not include the names of specific former Depart-
ment of Defense officials who receive compensation from defense
contractors or information from which such individuals could be
identified.
(d) ACCESS TO INFORMATION.—In accordance with the contract
clause required pursuant to section 2313(c) of title 10, United
States Code, a major defense contractor shall provide the Comp-
troller General access to information requested by the Comptroller
General for the purpose of this review regarding former officials
of the Department of Defense who have received compensation
from the contractor during the relevant calendar year.
(e) DEFINITIONS.—In this section:
(1) MAJOR DEFENSE CONTRACTOR.—The term ‘‘major defense
contractor’’ includes any company that received more than
$500,000,000 in contract awards from the Department of
Defense in fiscal year 2005.
(2) FORMER DEPARTMENT OF DEFENSE OFFICIAL.—The term
‘‘former Department of Defense official’’ means either of the
following:
(A) A former Department of Defense employee.
(B) A former or retired member of the Armed Forces.
SEC. 852. REPORT AND REGULATIONS ON EXCESSIVE PASS-THROUGH
CHARGES.
(a) COMPTROLLER
GENERAL
REPORT
ON
EXCESSIVE
PASS-
THROUGH CHARGES.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall
issue a report on pass-through charges on contracts or sub-
contracts (or task or delivery orders) that are entered into
for or on behalf of the Department of Defense.
(2) MATTERS COVERED.—The report issued under this sub-
section—
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PUBLIC LAW 109–364—OCT. 17, 2006
(A) shall assess the extent to which the Department
of Defense has paid excessive pass-through charges to con-
tractors who provided little or no value to the performance
of the contract;
(B) shall assess the extent to which the Department
has been particularly vulnerable to excessive pass-through
charges on any specific category of contracts or by any
specific category of contractors (including any category of
small business); and
(C) shall determine the extent to which any prohibition
on excessive pass-through charges would be inconsistent
with existing commercial practices for any specific category
of contracts or have an unjustified adverse effect on any
specific category of contractors (including any category of
small business).
(b) REGULATIONS REQUIRED.—
(1) IN GENERAL.—Not later than May 1, 2007, the Secretary
of Defense shall prescribe regulations to ensure that pass-
through charges on contracts or subcontracts (or task or
delivery orders) that are entered into for or on behalf of the
Department of Defense are not excessive in relation to the
cost of work performed by the relevant contractor or subcon-
tractor.
(2) SCOPE
OF
REGULATIONS.—The regulations prescribed
under this subsection—
(A) shall not apply to any firm, fixed-price contract
or subcontract (or task or delivery order) that is—
(i) awarded on the basis of adequate price competi-
tion; or
(ii) for the acquisition of a commercial item, as
defined in section 4(12) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(12)); and
(B) may include such additional exceptions as the Sec-
retary determines to be necessary in the interest of the
national defense.
(3) DEFINITION.—In this section, the term ‘‘excessive pass-
through charge’’, with respect to a contractor or subcontractor
that adds no, or negligible, value to a contract or subcontract,
means a charge to the Government by the contractor or subcon-
tractor that is for overhead or profit on work performed by
a lower-tier contractor or subcontractor (other than charges
for the direct costs of managing lower-tier contracts and sub-
contracts and overhead and profit based on such direct costs).
(4) REPORT.—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 steps
taken to implement the requirements of this subsection,
including—
(A) any standards for determining when no, or neg-
ligible, value has been added to a contract by a contractor
or subcontractor;
(B) any procedures established for preventing excessive
pass-through charges; and
(C) any exceptions determined by the Secretary to be
necessary in the interest of the national defense.
Deadline.
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PUBLIC LAW 109–364—OCT. 17, 2006
(5) EFFECTIVE DATE.—The regulations prescribed under this
subsection shall apply to contracts awarded for or on behalf
of the Department of Defense on or after May 1, 2007.
SEC. 853. PROGRAM MANAGER EMPOWERMENT AND ACCOUNTABILITY.
(a) STRATEGY.—The Secretary of Defense shall develop a com-
prehensive strategy for enhancing the role of Department of Defense
program managers in developing and carrying out defense acquisi-
tion programs.
(b) MATTERS TO BE ADDRESSED.—The strategy required by this
section shall address, at a minimum—
(1) enhanced training and educational opportunities for
program managers;
(2) increased emphasis on the mentoring of current and
future program managers by experienced senior executives and
program managers within the Department;
(3) improved career paths and career opportunities for pro-
gram managers;
(4) additional incentives for the recruitment and retention
of highly qualified individuals to serve as program managers;
(5) improved resources and support (including systems
engineering expertise, cost estimating expertise, and software
development expertise) for program managers;
(6) improved means of collecting and disseminating best
practices and lessons learned to enhance program management
throughout the Department;
(7) common templates and tools to support improved data
gathering and analysis for program management and oversight
purposes;
(8) increased accountability of program managers for the
results of defense acquisition programs; and
(9) enhanced monetary and nonmonetary awards for
successful accomplishment of program objectives by program
managers.
(c) GUIDANCE ON TENURE AND ACCOUNTABILITY OF PROGRAM
MANAGERS BEFORE MILESTONE B.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall revise Department of Defense guidance for major defense
acquisition programs to address the qualifications, resources,
responsibilities, tenure, and accountability of program managers
for the program development period (before Milestone B approval
(or Key Decision Point B approval in the case of a space program)).
(d) GUIDANCE ON TENURE AND ACCOUNTABILITY OF PROGRAM
MANAGERS AFTER MILESTONE B.—Not later than 180 days after
the date of enactment of this Act, the Secretary of Defense shall
revise Department of Defense guidance for major defense acquisition
programs to address the qualifications, resources, responsibilities,
tenure and accountability of program managers for the program
execution period (from Milestone B approval (or Key Decision Point
B approval in the case of a space program) until the delivery
of the first production units of a program). The guidance issued
pursuant to this subsection shall address, at a minimum—
(1) the need for a performance agreement between a pro-
gram manager and the milestone decision authority for the
program, setting forth expected parameters for cost, schedule,
and performance, and appropriate commitments by the program
Deadline.
Deadline.
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manager and the milestone decision authority to ensure that
such parameters are met;
(2) authorities available to the program manager, including,
to the extent appropriate, the authority to object to the addition
of new program requirements that would be inconsistent with
the parameters established at Milestone B (or Key Decision
Point B in the case of a space program) and reflected in the
performance agreement; and
(3) the extent to which a program manager for such period
should continue in the position without interruption until the
delivery of the first production units of the program.
(e) REPORTS.—
(1) REPORT BY SECRETARY OF DEFENSE.—Not later than
270 days after the date of enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees
a report on the strategy developed pursuant to subsection (a)
and the guidance issued pursuant to subsections (b) and (c).
(2) REPORT
BY
COMPTROLLER
GENERAL.—Not later than
one year after the date of enactment of this Act, the Comptroller
General shall submit to the congressional defense committees
a report on the actions taken by the Secretary of Defense
to implement the requirements of this section.
SEC. 854. JOINT POLICIES ON REQUIREMENTS DEFINITION, CONTIN-
GENCY PROGRAM MANAGEMENT, AND CONTINGENCY CON-
TRACTING.
(a) IN GENERAL.—
(1) JOINT POLICY REQUIREMENT.—Chapter 137 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2333. Joint policies on requirements definition, contin-
gency program management, and contingency
contracting
‘‘(a) JOINT POLICY REQUIREMENT.—The Secretary of Defense,
in consultation with the Chairman of the Joint Chiefs of Staff,
shall develop joint policies for requirements definition, contingency
program management, and contingency contracting during combat
operations and post-conflict operations.
‘‘(b) REQUIREMENTS DEFINITION MATTERS COVERED.—The joint
policy for requirements definition required by subsection (a) shall,
at a minimum, provide for the following:
‘‘(1) The assignment of a senior commissioned officer or
civilian member of the senior executive service, with appro-
priate experience and qualifications related to the definition
of requirements to be satisfied through acquisition contracts
(such as for delivery of products or services, performance of
work, or accomplishment of a project), to act as head of require-
ments definition and coordination during combat operations,
post-conflict operations, and contingency operations, if required,
including leading a requirements review board involving all
organizations concerned.
‘‘(2) An organizational approach to requirements definition
and coordination during combat operations, post-conflict oper-
ations, and contingency operations that is designed to ensure
that requirements are defined in a way that effectively imple-
ments United States Government and Department of Defense
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objectives, policies, and decisions regarding the allocation of
resources, coordination of interagency efforts in the theater
of operations, and alignment of requirements with the proper
use of funds.
‘‘(c) CONTINGENCY
PROGRAM
MANAGEMENT
MATTERS
COV-
ERED.—The joint policy for contingency program management
required by subsection (a) shall, at a minimum, provide for the
following:
‘‘(1) The assignment of a senior commissioned officer or
civilian member of the senior executive service, with appro-
priate program management experience and qualifications, to
act as head of program management during combat operations,
post-conflict operations, and contingency operations, including
stabilization and reconstruction operations involving multiple
United States Government agencies and international organiza-
tions, if required.
‘‘(2) A preplanned organizational approach to program
management during combat operations, post-conflict operations,
and contingency operations that is designed to ensure that
the Department of Defense is prepared to conduct such program
management.
‘‘(3) Identification of a deployable cadre of experts, with
the appropriate tools and authority, and trained in processes
under paragraph (6).
‘‘(4) Utilization of the hiring and appointment authorities
necessary for the rapid deployment of personnel to ensure the
availability of key personnel for sufficient lengths of time to
provide for continuing program and project management.
‘‘(5) A requirement to provide training (including training
under a program to be created by the Defense Acquisition
University) to program management personnel in—
‘‘(A) the use of laws, regulations, policies, and directives
related to program management in combat or contingency
environments;
‘‘(B) the integration of cost, schedule, and performance
objectives into practical acquisition strategies aligned with
available resources and subject to effective oversight; and
‘‘(C) procedures of the Department of Defense related
to funding mechanisms and contingency contract manage-
ment.
‘‘(6) Appropriate steps to ensure that training is maintained
for such personnel even when they are not deployed in a contin-
gency operation.
‘‘(7) Such steps as may be needed to ensure jointness and
cross-service coordination in the area of program management
during contingency operations.
‘‘(d) CONTINGENCY CONTRACTING MATTERS COVERED.—(1) The
joint policy for contingency contracting required by subsection (a)
shall, at a minimum, provide for the following:
‘‘(A) The designation of a senior commissioned officer or
civilian member of the senior executive service in each military
department with the responsibility for administering the policy.
‘‘(B) The assignment of a senior commissioned officer with
appropriate acquisition experience and qualifications to act as
head of contingency contracting during combat operations, post-
conflict operations, and contingency operations, who shall report
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directly to the commander of the combatant command in whose
area of responsibility the operations occur.
‘‘(C) A sourcing approach to contingency contracting that
is designed to ensure that each military department is prepared
to conduct contingency contracting during combat operations,
post-conflict operations, and contingency operations, including
stabilization and reconstruction operations involving inter-
agency organizations, if required.
‘‘(D) A requirement to provide training (including training
under a program to be created by the Defense Acquisition
University) to contingency contracting personnel in—
‘‘(i) the use of law, regulations, policies, and directives
related to contingency contracting operations;
‘‘(ii) the appropriate use of rapid acquisition methods,
including the use of exceptions to competition requirements
under section 2304 of this title, sealed bidding, letter con-
tracts, indefinite delivery indefinite quantity task orders,
set asides under section 8(a) of the Small Business Act
(15 U.S.C. 637(a)), undefinitized contract actions, and other
tools available to expedite the delivery of goods and services
during combat operations or post-conflict operations;
‘‘(iii) the appropriate use of rapid acquisition authority,
commanders’ emergency response program funds, and other
tools unique to contingency contracting; and
‘‘(iv) instruction on the necessity for the prompt transi-
tion from the use of rapid acquisition authority to the
use of full and open competition and other methods of
contracting that maximize transparency in the acquisition
process.
‘‘(E) Appropriate steps to ensure that training is maintained
for such personnel even when they are not deployed in a contin-
gency operation.
‘‘(F) Such steps as may be needed to ensure jointness
and cross-service coordination in the area of contingency con-
tracting.
‘‘(2) To the extent practicable, the joint policy for contingency
contracting required by subsection (a) should be taken into account
in the development of interagency plans for stabilization and
reconstruction operations, consistent with the report submitted by
the President under section 1035 of this Act on interagency oper-
ating procedures for the planning and conduct of stabilization and
reconstruction operations.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) CONTINGENCY
CONTRACTING
PERSONNEL.—The term
‘contingency contracting personnel’ means members of the
armed forces and civilian employees of the Department of
Defense who are members of the defense acquisition workforce
and, as part of their duties, are assigned to provide support
to contingency operations (whether deployed or not).
‘‘(2) CONTINGENCY CONTRACTING.—The term ‘contingency
contracting’ means all stages of the process of acquiring prop-
erty or services by the Department of Defense during a contin-
gency operation.
‘‘(3) CONTINGENCY
OPERATION.—The term ‘contingency
operation’ has the meaning provided in section 101(13) of this
title.
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‘‘(4) ACQUISITION SUPPORT AGENCIES.—The term ‘acquisition
support agencies’ means Defense Agencies and Department
of Defense Field Activities that carry out and provide support
for acquisition-related activities.
‘‘(5) CONTINGENCY
PROGRAM
MANAGEMENT.—The term
‘contingency program management’ means the process of plan-
ning, organizing, staffing, controlling, and leading the combined
efforts of participating civilian and military personnel and
organizations for the management of a specific defense acquisi-
tion program or programs during combat operations, post-con-
flict operations, and contingency operations.
‘‘(6) REQUIREMENTS DEFINITION.—The term ‘requirements
definition’ means the process of translating policy objectives
and mission needs into specific requirements, the description
of which will be the basis for awarding acquisition contracts
for projects to be accomplished, work to be performed, or prod-
ucts to be delivered.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘2333. Joint policies on requirements definition, contingency contracting, and pro-
gram management.’’.
(b) DEADLINE FOR DEVELOPMENT OF JOINT POLICIES.—The Sec-
retary of Defense shall develop the joint policies required under
section 2333 of title 10, United States Code, as added by subsection
(a), not later than 18 months after the date of enactment of this
Act.
(c) REPORTS.—
(1) INTERIM REPORT.—
(A) REQUIREMENT.—Not later than 365 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives an interim report
on requirements definition, contingency contracting, and
program management.
(B) MATTERS
COVERED.—The report shall include
discussions of the following:
(i) Progress in the development of the joint policies
under section 2333 of title 10, United States Code.
(ii) The ability of the Armed Forces to support
requirements definition, contingency contracting, and
program management.
(iii) The ability of commanders of combatant com-
mands to request requirements definition, contingency
contracting, or program management support, and the
ability of the military departments and the acquisition
support agencies to respond to such requests and pro-
vide such support, including the availability of rapid
acquisition personnel for such support.
(iv) The ability of the current civilian and military
acquisition workforce to deploy to combat theaters of
operations and to conduct requirements definition,
contingency contracting, or program management
activities during combat and during post-conflict,
reconstruction, or other contingency operations.
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(v) The effect of different periods of deployment
on continuity in the acquisition process.
(2) FINAL REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the committees referred to in paragraph (1)(A)
a final report on requirements definition, contingency con-
tracting, and program management, containing a discussion
of the implementation of the joint policies developed under
section 2333 of title 10, United States Code (as so added),
including updated discussions of the matters covered in the
interim report. In addition, the report should include a discus-
sion of the actions taken to ensure that the joint policies will
be adequately resourced at the time of execution.
SEC. 855. CLARIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
Section 845(a) of the National Defense Authorization Act for
Fiscal Year 1994 (10 U.S.C. 2371 note) is amended—
(1) in paragraph (2)(A), by inserting ‘‘or, for the Defense
Advanced Projects Agency or the Missile Defense Agency, the
director of the agency’’ after ‘‘(41 U.S.C. 414(c))’’; and
(2) in paragraph (3), by inserting ‘‘or director of the Defense
Advanced Projects Agency or Missile Defense Agency’’ after
‘‘executive’’.
SEC. 856. CONTRACTING WITH EMPLOYERS OF PERSONS WITH
DISABILITIES.
(a) INAPPLICABILITY OF CERTAIN LAWS.—
(1) INAPPLICABILITY OF THE RANDOLPH-SHEPPARD ACT TO
CONTRACTS AND SUBCONTRACTS FOR MILITARY DINING FACILITY
SUPPORT SERVICES COVERED BY JAVITS-WAGNER-O’DAY ACT.—The
Randolph-Sheppard Act (20 U.S.C. 107 et seq.) does not apply
to full food services, mess attendant services, or services sup-
porting the operation of a military dining facility that, as of
the date of the enactment of this Act, were services on the
procurement list established under section 2 of the Javits-
Wagner-O’Day Act (41 U.S.C. 47).
(2) INAPPLICABILITY OF THE JAVITS-WAGNER-O’DAY ACT TO
CONTRACTS
FOR
THE
OPERATION
OF
A
MILITARY
DINING
FACILITY.—(A) The Javits-Wagner-O’Day Act (41 U.S.C. 46 et
seq.) does not apply at the prime contract level to any contract
entered into by the Department of Defense as of the date
of the enactment of this Act with a State licensing agency
under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) for
the operation of a military dining facility.
(B) The Javits-Wagner-O’Day Act shall apply to any sub-
contract entered into by a Department of Defense contractor
for full food services, mess attendant services, and other serv-
ices supporting the operation of a military dining facility.
(3) REPEAL OF SUPERSEDED LAW.—Subsections (a) and (b)
of section 853 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375;
118 Stat. 2021) are repealed.
(b) REVIEW AND REPORT BY COMPTROLLER GENERAL OF RAN-
DOLPH-SHEPPARD AND JAVITS-WAGNER-O’DAY CONTRACTS.—
(1) IN GENERAL.—The Comptroller General shall conduct
a review of a representative sample of food service contracts
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described in paragraph (2) and determine in writing the fol-
lowing:
(A) Differences in operational procedures and adminis-
tration of contracts awarded by the Department of Defense
under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.)
and the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)
on a State-by-State basis with regard to the relationship
between State licensing agencies and blind vendors.
(B) Differences in competition, source selection, and
management processes and procedures for contracts
awarded by the Department under the Randolph-Sheppard
Act and the Javits-Wagner-O’Day Act, including a review
of the average total cost of contract awards and compensa-
tion packages to all beneficiaries.
(C) Precise methods used to determine whether a price
is fair and reasonable under contracts awarded by the
Department under the Randolph-Sheppard Act and the
Javits-Wagner-O’Day Act, as required under the Federal
Acquisition Regulation and the Defense Federal Acquisition
Regulation Supplement.
(2) CONTRACTS COVERED.—For purposes of the review under
paragraph (1), a food service contract described in this para-
graph is a contract—
(A) for full food services, mess attendant services, or
services supporting the operation of all or any part of
a military dining facility;
(B) that was awarded under either the Randolph-
Sheppard Act or the Javits-Wagner-O’Day Act; and
(C) that is in effect on the date of the enactment
of this Act.
(3) REPORT.—Not later than March 1, 2007, the Comptroller
General shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on
the review conducted under this subsection, with such findings
and recommendations as the Comptroller General considers
appropriate.
(c) REQUIREMENTS FOR INSPECTORS GENERAL OF DEPARTMENT
OF DEFENSE AND DEPARTMENT OF EDUCATION.—
(1) REVIEW OF MANAGEMENT PROCEDURES.—Not later than
March 1, 2007, the Inspector General of the Department of
Defense and the Inspector General of the Department of Edu-
cation shall jointly review the management procedures under
both the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and
the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.). In carrying
out this paragraph, the Inspectors General shall each have
access to the following:
(A) Memoranda on program management and the basis
for contract award under the programs.
(B) Guidance sent to State agencies on administration
of the programs.
(C) Names of participating vendors, as well as quali-
fying experience and educational background of such ven-
dors.
(2) MEMORANDUM OF UNDERSTANDING BETWEEN INSPECTORS
GENERAL.—Not later than 60 days after the date of the enact-
ment of this Act, the Inspector General of the Department
of Defense and the Inspector General of the Department of
Deadline.
Deadline.
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120 STAT. 2349
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Education shall enter into a memorandum of understanding
with each other to carry out paragraph (1).
(3) REPORT.—Not later than one year after the date of
enactment of this Act, the Inspector General of the Department
of Defense and the Inspector General of the Department of
Education shall jointly submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the review required by paragraph (1). The report
shall include—
(A) findings of the Inspectors General regarding the
management procedures reviewed; and
(B) such other information and recommendations as
the Inspectors General consider appropriate.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘State licensing agency’’ means any agency
designated by the Secretary of Education under section 2(a)(5)
of the Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)).
(2) The term ‘‘military dining facility’’ means a facility
owned, operated, leased, or wholly controlled by the Department
of Defense and used to provide dining services to members
of the Armed Forces, including a cafeteria, military mess hall,
military troop dining facility, or any similar dining facility
operated for the purpose of providing meals to members of
the Armed Forces.
SEC. 857. ENHANCED ACCESS FOR SMALL BUSINESS.
Section 9(a) of the Contract Disputes Act of 1978 (41 U.S.C.
608) is amended by striking the period at the end of the first
sentence and inserting the following: ‘‘or, in the case of a small
business concern (as defined in the Small Business Act and regula-
tions under that Act), $150,000 or less.’’.
SEC. 858. PROCUREMENT GOAL FOR HISPANIC-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 (B);
(B) by striking the period at the end of subparagraph
(C) and inserting ‘‘; and’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(D) Hispanic-serving institutions (as defined in section
502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)).’’;
(2) in subsection (a)(2)—
(A) by inserting after ‘‘historically Black colleges and
universities’’ the following: ‘‘, Hispanic-serving institu-
tions,’’; and
(B) by inserting after ‘‘such colleges and universities’’
the following: ‘‘and institutions’’;
(3) in subsection (c)(1), by inserting after ‘‘historically Black
colleges and universities’’ the following: ‘‘, Hispanic-serving
institutions,’’; and
(4) in subsection (c)(3), by inserting after ‘‘historically Black
colleges and universities’’ the following: ‘‘, to Hispanic-serving
institutions,’’.
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120 STAT. 2350
PUBLIC LAW 109–364—OCT. 17, 2006
TITLE IX—DEPARTMENT OF DEFENSE
ORGANIZATION AND MANAGEMENT
Subtitle A—Department of Defense Management
Sec. 901. Increase in authorized number of Assistant Secretaries of Defense.
Sec. 902. Modifications to the Combatant Commander Initiative Fund.
Sec. 903. Addition to membership of specified council.
Sec. 904. Consolidation and standardization of authorities relating to Department
of Defense Regional Centers for Security Studies.
Sec. 905. Oversight by Office of Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics of exercise of acquisition authority by combatant
commanders and heads of Defense Agencies.
Sec. 906. Standardization of statutory references to ‘‘national security system’’
within laws applicable to Department of Defense.
Sec. 907. Correction of reference to predecessor of Defense Information Systems
Agency.
Subtitle B—Space Activities
Sec. 911. Designation of successor organizations for the disestablished Interagency
Global Positioning Executive Board.
Sec. 912. Extension of authority for pilot program for provision of space surveil-
lance network services to non-United States Government entities.
Sec. 913. Operationally responsive space.
Sec. 914. Independent review and assessment of Department of Defense organiza-
tion and management for national security in space.
Subtitle C—Chemical Demilitarization Program
Sec. 921. Sense of Congress on completion of destruction of United States chemical
weapons stockpile.
Sec. 922. Comptroller General review of cost-benefit analysis of off-site versus on-
site treatment and disposal of hydrolysate derived from neutralization
of VX nerve gas at Newport Chemical Depot, Indiana.
Sec. 923. Incentives clauses in chemical demilitarization contracts.
Sec. 924. Chemical demilitarization program contracting authority.
Subtitle D—Intelligence-Related Matters
Sec. 931. Four-year extension of authority of Secretary of Defense to engage in com-
mercial activities as security for intelligence collection activities.
Sec. 932. Annual reports on intelligence oversight activities of the Department of
Defense.
Sec. 933. Collection by National Security Agency of service charges for certification
or validation of information assurance products.
Subtitle E—Other Matters
Sec. 941. Department of Defense policy on unmanned systems.
Sec. 942. Executive Schedule level IV for Deputy Under Secretary of Defense for
Logistics and Materiel Readiness.
Sec. 943. Study and report on reform of Defense Travel System.
Sec. 944. Administration of pilot project on Civilian Linguist Reserve Corps.
Sec. 945. Improvement of authorities on the National Security Education Program.
Sec. 946. Report on the posture of United States Special Operations Command to
conduct the global war on terrorism.
Subtitle A—Department of Defense
Management
SEC. 901. INCREASE IN AUTHORIZED NUMBER OF ASSISTANT SECRE-
TARIES OF DEFENSE.
(a) INCREASE.—Section 138(a) of title 10, United States Code,
is amended by striking ‘‘nine’’ and inserting ‘‘ten’’.
(b) CONFORMING AMENDMENT.—Section 5315 of title 5, United
States Code, is amended by striking ‘‘(9)’’ after ‘‘Assistant Secre-
taries of Defense’’ and inserting ‘‘(10)’’.
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PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 902. MODIFICATIONS TO THE COMBATANT COMMANDER INITIA-
TIVE FUND.
(a) ADDITION TO AUTHORIZED ACTIVITIES.—Subsection (b)(6) of
section 166a of title 10, United States Code is amended by striking
‘‘civil assistance’’ and inserting ‘‘civic assistance, to include urgent
and unanticipated humanitarian relief and reconstruction assist-
ance’’.
(b) ADDITIONAL PRIORITY CONSIDERATION.—Subsection (c) of
such section is amended—
(1) by striking ‘‘and’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) the provision of funds to be used for urgent and
unanticipated humanitarian relief and reconstruction assist-
ance, particularly in a foreign country where the armed forces
are engaged in a contingency operation.’’.
SEC. 903. ADDITION TO MEMBERSHIP OF SPECIFIED COUNCIL.
Section 179(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(5) The commander of the United States Strategic Com-
mand.’’.
SEC. 904. CONSOLIDATION AND STANDARDIZATION OF AUTHORITIES
RELATING TO DEPARTMENT OF DEFENSE REGIONAL CEN-
TERS FOR SECURITY STUDIES.
(a) BASIC AUTHORITIES FOR REGIONAL CENTERS.—
(1) IN GENERAL.—Section 184 of title 10, United States
Code, is amended to read as follows:
‘‘§ 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 research, communication, and exchange of ideas
involving military and civilian participants.
‘‘(b) REGIONAL
CENTERS
SPECIFIED.—(1) A Department 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 multilateral
research, communication, and exchange of ideas involving mili-
tary 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 Studies, estab-
lished in 1995 and located in Honolulu, Hawaii.
‘‘(C) The Center for Hemispheric Defense Studies, estab-
lished in 1997 and located in Washington, D.C.
‘‘(D) The Africa Center for Strategic Studies, established
in 1999 and located in Washington, D.C.
District of
Columbia.
District of
Columbia.
Hawaii.
Germany.
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‘‘(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 pro-
vided by law after the date of the enactment of this section.
‘‘(c) REGULATIONS.—The administration of the Regional 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 and foreign military, civilian,
and nongovernmental personnel.
‘‘(e) EMPLOYMENT AND COMPENSATION OF FACULTY.—At each
Regional Center, the Secretary may, subject to the availability
of appropriations—
‘‘(1) employ a Director, a Deputy Director, and as many
civilians as professors, instructors, and lecturers as the Sec-
retary considers necessary; and
‘‘(2) prescribe the compensation of such persons, in accord-
ance with Federal guidelines.
‘‘(f) PAYMENT OF COSTS.—(1) Participation in activities 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 paragraph (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 reimbursement of
the costs of activities of the Regional Centers for foreign military
officers and foreign defense and security civilian government offi-
cials from a developing country if the Secretary determines that
attendance of such personnel without reimbursement is in the
national security interest of the United States. Costs for which
reimbursement 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 Hemispheric 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 Secretary 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
department and agency shall transfer to the Regional Center funds
to pay the full costs of the services received.
District of
Columbia.
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‘‘(h) ANNUAL REPORT.—Not later than February 1 of each year,
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 on the operation of the
Regional Centers for security studies during the preceding fiscal
year. The annual report shall include, for each Regional Center,
the following information:
‘‘(1) The status and objectives of the center.
‘‘(2) The budget of the center, including the costs of oper-
ating the center.
‘‘(3) A description of the extent of the international partici-
pation 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 donations, if
any, accepted under section 2611 of this title.’’.
(2) CLERICAL AMENDMENT.—The item relating to such sec-
tion in the table of sections at the beginning 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
AUTHORITY
FOR
CIVILIAN FACULTY.—Section 1595 of title 10, United States Code,
is amended—
(A) in subsection (c)—
(i) by striking paragraphs (3) and (5); and
(ii) by redesignating paragraphs (4) and (6) as
paragraphs (3) and (4), respectively; and
(B) by striking subsection (e).
(2) 
STATUS
OF
CENTER
FOR
HEMISPHERIC
DEFENSE
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. OVERSIGHT BY OFFICE OF UNDER SECRETARY OF DEFENSE
FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS OF
EXERCISE OF ACQUISITION AUTHORITY BY COMBATANT
COMMANDERS AND HEADS OF DEFENSE AGENCIES.
(a) DESIGNATION OF OFFICIAL FOR OVERSIGHT.—The Secretary
of Defense shall designate a senior acquisition official within the
Office of the Under Secretary of Defense for Acquisition, Technology,
and Logistics to oversee the exercise of acquisition authority by—
(1) any commander of a combatant command who is author-
ized by section 166b, 167, or 167a of title 10, United States
Code, to exercise acquisition authority; and
(2) any head of a Defense Agency who is designated by
the Secretary of Defense to exercise acquisition authority.
(b) GUIDANCE.—
(1) IN GENERAL.—The senior acquisition official designated
under subsection (a) shall develop guidance to ensure that
the use of acquisition authority by commanders of combatant
commands and the heads of Defense Agencies—
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(A) is in compliance with department-wide acquisition
policy; and
(B) is coordinated with and mutually supportive of
acquisition programs of the military departments.
(2) URGENT
REQUIREMENTS.—Guidance developed under
paragraph (1) shall take into account the need to fulfill the
urgent requirements of the commanders of combatant com-
mands and the heads of Defense Agencies and to ensure that
those requirements are addressed expeditiously.
(c) CONSULTATION.—The senior acquisition official designated
under subsection (a) shall on a regular basis consult on matters
related to requirements and acquisition with the commanders of
combatant commands and the heads of Defense Agencies referred
to in that subsection.
(d) DEADLINE
FOR DESIGNATION.—The Secretary of Defense
shall make the designation required by subsection (a) not later
than 180 days after the date of the enactment of this Act.
SEC. 
906. 
STANDARDIZATION 
OF 
STATUTORY 
REFERENCES 
TO
‘‘NATIONAL SECURITY SYSTEM’’ WITHIN LAWS APPLICABLE
TO DEPARTMENT OF DEFENSE.
(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 RESPONSIBILITIES.—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 PROCESSING 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 ‘national
security system’, with respect to a telecommunications and informa-
tion system operated by the Department of Defense, has the
meaning given that term by section 3542(b)(2) of title 44.’’.
SEC. 907. CORRECTION OF REFERENCE TO PREDECESSOR OF DEFENSE
INFORMATION SYSTEMS AGENCY.
Paragraph (1) of section 193(f) of title 10, United States Code,
is amended to read as follows:
‘‘(1) The Defense Information Systems Agency.’’.
Subtitle B—Space Activities
SEC. 911. DESIGNATION OF SUCCESSOR ORGANIZATIONS FOR THE DIS-
ESTABLISHED 
INTERAGENCY 
GLOBAL 
POSITIONING
EXECUTIVE BOARD.
(a) SUCCESSOR ORGANIZATIONS.—Section 8 of the Commercial
Space Transportation Competitiveness Act of 2000 (10 U.S.C. 2281
note) is amended by striking ‘‘by Congress’’ and all that follows
and inserting ‘‘for the functions and activities of the following
organizations established pursuant to the United States Space-
Based Position, Navigation, and Timing Policy issued December
8, 2004 (and any successor organization, to the extent the successor
organization performs the functions of the specified organization):
‘‘(1) The interagency committee known as the National
Space-Based Positioning, Navigation, and Timing Executive
Committee.
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‘‘(2) The support office for the committee specified in para-
graph (1) known as the National Space-Based Positioning,
Navigation, and Timing Coordination Office.
‘‘(3) The Federal advisory committee known as the National
Space-Based Positioning, Navigation, and Timing Advisory
Board.’’.
(b) CLARIFICATION.—Such section is further amended by
striking 
‘‘interagency 
funding’’ 
and 
inserting 
‘‘multi-agency
funding’’.
SEC. 912. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR
PROVISION OF SPACE SURVEILLANCE NETWORK SERV-
ICES TO NON-UNITED STATES GOVERNMENT ENTITIES.
Section 2274(i) of title 10, United States Code, is amended
by striking ‘‘shall be conducted’’ and all that follows and inserting
‘‘may be conducted through September 30, 2009.’’.
SEC. 913. OPERATIONALLY RESPONSIVE SPACE.
(a) UNITED STATES POLICY
ON OPERATIONALLY RESPONSIVE
SPACE.—It is the policy of the United States to demonstrate,
acquire, and deploy an effective capability for operationally respon-
sive space to support military users and operations from space,
which shall consist of—
(1) responsive satellite payloads and busses built to
common technical standards;
(2) low-cost space launch vehicles and supporting range
operations that facilitate the timely launch and on-orbit oper-
ations of satellites;
(3) responsive command and control capabilities; and
(4) concepts of operations, tactics, techniques, and proce-
dures that permit the use of responsive space assets for combat
and military operations other than war.
(b) OPERATIONALLY RESPONSIVE SPACE PROGRAM OFFICE.—
(1) ESTABLISHMENT OF OFFICE.—Section 2273a of title 10,
United States Code, is amended to read as follows:
‘‘§ 2273a. Operationally Responsive Space Program Office
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish
within the Department of Defense an office to be known as the
Operationally Responsive Space Program Office (in this section
referred to as the ‘Office’).
‘‘(b) HEAD OF OFFICE.—The head of the Office shall be—
‘‘(1) the Department of Defense Executive Agent for Space;
or
‘‘(2) the designee of the Secretary of Defense, who shall
report to the Department of Defense Executive Agent for Space.
‘‘(c) MISSION.—The mission of the Office shall be—
‘‘(1) to contribute to the development of low-cost, rapid
reaction payloads, busses, spacelift, and launch control capabili-
ties in order to fulfill joint military operational requirements
for on-demand space support and reconstitution; and
‘‘(2) to coordinate and execute operationally responsive
space efforts across the Department of Defense with respect
to planning, acquisition, and operations.
‘‘(d) ELEMENTS.—The Secretary of Defense shall select the ele-
ments of the Department of Defense to be included in the Office
so as to contribute to the development of capabilities for operation-
ally responsive space and to achieve a balanced representation
Deadline.
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of the military departments in the Office to ensure proper acknowl-
edgment of joint considerations in the activities of the Office, except
that the Office shall include the following:
‘‘(1) A science and technology element that shall pursue
innovative approaches to the development of capabilities for
operationally responsive space through basic and applied
research focused on (but not limited to) payloads, bus, and
launch equipment.
‘‘(2) An acquisition element that shall undertake the
acquisition of systems necessary to integrate, sustain, and
launch assets for operationally responsive space.
‘‘(3) An operations element that shall—
‘‘(A) sustain and maintain assets for operationally
responsive space prior to launch;
‘‘(B) integrate and launch such assets; and
‘‘(C) operate such assets in orbit.
‘‘(4) A combatant command support element that shall
serve as the primary intermediary between the military depart-
ments and the combatant commands in order to—
‘‘(A) ascertain the needs of the commanders of the
combatant commands; and
‘‘(B) integrate operationally responsive space capabili-
ties into—
‘‘(i) operations plans of the combatant commands;
‘‘(ii) techniques, tactics, and procedures of the mili-
tary departments; and
‘‘(iii) military exercises, demonstrations, and war
games.
‘‘(5) Such other elements as the Secretary of Defense may
consider necessary.
‘‘(e) ACQUISITION AUTHORITY.—The acquisition activities of the
Office shall be subject to the following:
‘‘(1) The Department of Defense Executive Agent for Space
shall be the senior acquisition executive of the Office.
‘‘(2) The Joint Capabilities Integration and Development
System process shall not apply to acquisitions by the Office
for operational experimentation.
‘‘(3) The commander of the United States Strategic Com-
mand, or the designee of the commander, shall—
‘‘(A) validate all system requirements for systems to
be acquired by the Office; and
‘‘(B) participate in the approval of any acquisition pro-
gram initiated by the Office.
‘‘(4) To the maximum extent practicable, the procurement
unit cost of a launch vehicle procured by the Office for launch
to low earth orbit should not exceed $20,000,000 (in constant
dollars).
‘‘(5) To the maximum extent practicable, the procurement
unit cost of an integrated satellite procured by the Office should
not exceed $40,000,000 (in constant dollars).
‘‘(f) REQUIRED
PROGRAM
ELEMENT.—(1) The Secretary of
Defense shall ensure that, within budget program elements for
space programs of the Department of Defense, that—
‘‘(A) there is a separate, dedicated program element for
operationally responsive space;
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‘‘(B) to the extent applicable, relevant program elements
should be consolidated into the program element required by
subparagraph (A); and
‘‘(C) the Office executes its responsibilities through this
program element.
‘‘(2) The Office shall manage the program element required
by paragraph (1)(A).’’.
(2) CLERICAL AMENDMENT.—The item relating to that sec-
tion in the table of sections at the beginning of chapter 135
of such title is amended to read as follows:
‘‘2273a. Operationally Responsive Space Program Office.’’.
(c) PLAN FOR OPERATIONALLY RESPONSIVE SPACE.—
(1) PLAN REQUIRED.—Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
setting forth a plan for the acquisition by the Department
of Defense of capabilities for operationally responsive space
to support military users and military operations.
(2) ELEMENTS.—The plan required by paragraph (1) shall
include the following:
(A) An identification of the roles and missions of each
military department, Defense Agency, and other component
or element of the Department of Defense for the fulfillment
of the mission of the Department with respect to operation-
ally responsive space.
(B) An identification of the capabilities required by
the Department to fulfill such mission during the period
covered by the current future-years defense program sub-
mitted to Congress pursuant to section 221 of title 10,
United States Code, and an additional 10-year period.
(C) A description of the chain of command and
reporting structure of the Operationally Responsive Space
Program Office established under section 2273a of title
10, United States Code, as amended by subsection (b).
(D) A description of the classification of information
required for the Operationally Responsive Space Program
Office in order to ensure that the Office carries out its
responsibilities under such section 2273a in a proper and
efficient manner.
(E) A description of the acquisition policies and proce-
dures applicable to the Operationally Responsive Space
Program Office, including a description of any legislative
or administrative action necessary to provide the Office
additional acquisition authority to carry out its responsibil-
ities.
(F) A schedule for the implementation of the plan
and the establishment of the Operationally Responsive
Space Program Office.
(G) The funding and personnel required to implement
the plan over the course of the current future-years defense
program.
(H) A description of any additional authorities and
programmatic, organizational, or other changes necessary
to ensure that the Operationally Responsive Space Program
Office can successfully carry out its responsibilities.
Reports.
Deadline.
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(d) REPEAL OF SUPERSEDED LAW.—Section 913 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109–
163; 119 Stat. 3408; 10 U.S.C. 2273a note) is repealed.
SEC. 914. INDEPENDENT REVIEW AND ASSESSMENT OF DEPARTMENT
OF DEFENSE ORGANIZATION AND MANAGEMENT FOR
NATIONAL SECURITY IN SPACE.
(a) INDEPENDENT REVIEW
AND ASSESSMENT REQUIRED.—The
Secretary of Defense shall select an appropriate entity outside the
Department of Defense to conduct an independent review and
assessment of the organization and management of the Department
of Defense for national security in space. In selecting the entity
to conduct the review and assessment, the Secretary shall consult
with the chairman and ranking minority member of the Committee
on Armed Services of the Senate and the chairman and ranking
minority member of the Committee on Armed Services of the House
of Representatives.
(b) ELEMENTS.—The review and assessment required by this
section shall address the following:
(1) The requirements of the Department of Defense for
national security space capabilities, as identified by the Depart-
ment, and the efforts of the Department to fulfill such require-
ments.
(2) The actions that could be taken by the Department
to modify the organization and management of the Department
over the near-term, medium-term, and long-term in order to
strengthen United States national security in space, and the
ability of the Department to implement its requirements and
carry out the future space missions, including the following:
(A) Actions to improve or enhance current interagency
coordination processes regarding the operation of national
security space assets, including improvements or enhance-
ments in interoperability and communications.
(B) Actions to improve or enhance the relationship
between the intelligence aspects of national security space
(so-called ‘‘black space’’) and the non-intelligence aspects
of national security space (so-called ‘‘white space’’).
(C) Actions to improve or enhance the manner in which
military space issues are addressed by professional military
education institutions.
(D) Actions to create a specialized career field for mili-
tary space acquisition personnel, to include an emphasis
on long-term assignments, that could help develop and
maintain a professional space acquisition cadre with tech-
nical expertise and institutional knowledge.
(c) LIAISON.—The Secretary of Defense shall designate at least
one senior civilian employee of the Department of Defense, and
at least one general or flag officer, to serve as liaison between
the Department, the Armed Forces, and the entity conducting the
review and assessment under this section.
(d) REPORT.—Not later than one year after the date of the
enactment of this Act, the entity conducting the review and assess-
ment under this section shall submit to the Secretary of Defense
and the congressional defense committees a report containing—
(1) the results of the review and assessment; and
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(2) recommendations on the best means by which the
Department may improve its organization and management
for national security in space.
Subtitle C—Chemical Demilitarization
Program
SEC. 921. SENSE OF CONGRESS ON COMPLETION OF DESTRUCTION
OF UNITED STATES CHEMICAL WEAPONS STOCKPILE.
(a) FINDINGS.—Congress makes the following findings:
(1) The Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and
on Their Destruction, done at Paris on January 13, 1993 (com-
monly referred to as the ‘‘Chemical Weapons Convention’’),
requires that destruction of the entire United States chemical
weapons stockpile be completed by no later than the extended
deadline of April 29, 2012.
(2) On April 10, 2006, the Department of Defense notified
Congress that the United States would not meet even the
extended deadline under the Chemical Weapons Convention
for destruction of the United States chemical weapons stockpile.
(3) Destroying existing chemical weapons is a homeland
security imperative and an arms control priority and is required
by United States law.
(4) The elimination and nonproliferation of chemical
weapons of mass destruction is of utmost importance to the
national security of the United States.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States is committed to making every effort
to safely dispose of its entire chemical weapons stockpile by
the Chemical Weapons Convention extended deadline of April
29, 2012, or as soon thereafter as possible, and will carry
out all of its other obligations under that Convention;
(2) to prevent further delays in completing the destruction
of the United States chemical weapons stockpile, the Secretary
of Defense should prepare a comprehensive schedule for the
safe destruction of such stockpile and should annually submit
that schedule (as currently in effect) to the congressional
defense committees, either separately or as part of another
required report, until such destruction is completed;
(3) the Secretary of Defense should make every effort to
ensure adequate funding to complete the elimination of the
United States chemical weapons stockpile in the shortest time
possible, consistent with the requirement to protect public
health, safety, and the environment; and
(4) when selecting a site for the treatment or disposal
of neutralized chemical agent at a location remote from the
location where the agent is stored, the Secretary of Defense
should propose a credible process that seeks to gain the support
of affected communities.
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SEC. 922. COMPTROLLER GENERAL REVIEW OF COST-BENEFIT ANAL-
YSIS OF OFF-SITE VERSUS ON-SITE TREATMENT AND DIS-
POSAL OF HYDROLYSATE DERIVED FROM NEUTRALIZA-
TION OF VX NERVE GAS AT NEWPORT CHEMICAL DEPOT,
INDIANA.
(a) REVIEW REQUIRED.—Not later than December 1, 2006, the
Comptroller General shall submit to Congress a report containing
a review of the cost-benefit analysis prepared by the Secretary
of the Army entitled ‘‘Cost-Benefit Analysis of Off-Site Versus On-
Site Treatment and Disposal of Newport Caustic Hydrolysate’’ and
dated April 24, 2006.
(b) CONTENT OF REVIEW.—In conducting the review under sub-
section (a), the Comptroller General shall consider and assess at
a minimum the following matters:
(1) The adequacy of the rationale contained in the cost-
benefit analysis referred to in subsection (a) in dismissing five
of the eight technologies for hydrolysate treatment directed
for consideration on page 116 of the Report of the Committee
on Armed Services of the House of Representatives on H.R.
1815 (House Report 109–89).
(2) The rationale for the failure of the Secretary of the
Army to consider other technical solutions, such as constructing
a wastewater disposal system at the Newport Chemical Depot.
(3) The adequacy of the cost-benefit analysis presented
for the three technologies considered.
(c) LIMITATION ON TRANSPORT PENDING REPORT.—The Secretary
of the Army may not transport neutralized bulk nerve agent (other
than those small quantities necessary for laboratory evaluation
of the disposal process) from the Newport Chemical Depot to the
State of New Jersey until the earlier of—
(1) the end of the 60-day period beginning on the date
on which the report required by subsection (a) is submitted;
or
(2) February 1, 2007.
SEC. 923. INCENTIVES CLAUSES IN CHEMICAL DEMILITARIZATION
CONTRACTS.
(a) IN GENERAL.—
(1) AUTHORITY TO INCLUDE CLAUSES IN CONTRACTS.—The
Secretary of Defense may, for the purpose specified in para-
graph (2), authorize the inclusion of an incentives clause in
any contract for the destruction of the United States stockpile
of lethal chemical agents and munitions carried out pursuant
to section 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521).
(2) PURPOSE.—The purpose of a clause referred to in para-
graph (1) is to provide the contractor for a chemical demili-
tarization facility an incentive to accelerate the safe elimination
of the United States chemical weapons stockpile and to reduce
the total cost of the Chemical Demilitarization Program by
providing incentive payments for the early completion of
destruction operations and the closure of such facility.
(b) INCENTIVES CLAUSES.—
(1) IN GENERAL.—An incentives clause under this section
shall permit the contractor for the chemical demilitarization
facility concerned the opportunity to earn incentive payments
for the completion of destruction operations and facility closure
New Jersey.
Reports.
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activities within target incentive ranges specified in such
clause.
(2) LIMITATION ON INCENTIVE PAYMENTS.—The maximum
incentive payment under an incentives clause with respect to
a chemical demilitarization facility may not exceed amounts
as follows:
(A) In the case of an incentive payment for the comple-
tion of destruction operations within the target incentive
range specified in such clause, $110,000,000.
(B) In the case of an incentive payment for the comple-
tion of facility closure activities within the target incentive
range specified in such clause, $55,000,000.
(3) TARGET RANGES.—An incentives clause in a contract
under this section shall specify the target incentive ranges
of costs for completion of destruction operations and facility
closure activities, respectively, as jointly agreed upon by the
contracting officer and the contractor concerned. An incentives
clause shall require a proportionate reduction in the maximum
incentive payment amounts in the event that the contractor
exceeds an agreed-upon target cost if such excess costs are
the responsibility of the contractor.
(4) CALCULATION OF INCENTIVE PAYMENTS.—The amount
of the incentive payment earned by a contractor for a chemical
demilitarization facility under an incentives clause under this
section shall be based upon a determination by the Secretary
on how early in the target incentive range specified in such
clause destruction operations or facility closure activities, as
the case may be, are completed.
(5) CONSISTENCY WITH EXISTING OBLIGATIONS.—The provi-
sions of any incentives clause under this section shall be con-
sistent with the obligation of the Secretary of Defense under
section 1412(c)(1)(A) of the Department of Defense Authoriza-
tion Act, 1986, to provide for maximum protection for the
environment, the general public, and the personnel who are
involved in the destruction of the lethal chemical agents and
munitions.
(6) ADDITIONAL
TERMS
AND
CONDITIONS.—In negotiating
the inclusion of an incentives clause in a contract under this
section, the Secretary may include in such clause such addi-
tional terms and conditions as the Secretary considers appro-
priate.
(c) ADDITIONAL LIMITATION ON PAYMENTS.—
(1) PAYMENT CONDITIONAL ON PERFORMANCE.—No payment
may be made under an incentives clause under this section
unless the Secretary determines that the contractor concerned
has satisfactorily performed its duties under such incentives
clause.
(2) PAYMENT CONTINGENT ON APPROPRIATIONS.—An incen-
tives clause under this section shall specify that the obligation
of the Government to make payment under such incentives
clause is subject to the availability of appropriations for that
purpose. Amounts appropriated for Chemical Agents and Muni-
tions Destruction, Defense, shall be available for payments
under incentives clauses under this section.
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SEC. 924. CHEMICAL DEMILITARIZATION PROGRAM CONTRACTING
AUTHORITY.
(a) MULTIYEAR CONTRACTING AUTHORITY.—The Secretary of
Defense may carry out responsibilities under section 1412(a) of
the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521(a)) through multiyear contracts entered into before the date
of the enactment of this Act.
(b) AVAILABILITY OF FUNDS.—Contracts entered into under sub-
section (a) shall be funded through annual appropriations for the
destruction of chemical agents and munitions.
Subtitle D—Intelligence-Related Matters
SEC. 931. FOUR-YEAR EXTENSION OF AUTHORITY OF SECRETARY OF
DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS
SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.
Section 431(a) of title 10, United States Code, is amended
by striking ‘‘December 31, 2006’’ and inserting ‘‘December 31, 2010’’.
SEC. 932. ANNUAL REPORTS ON INTELLIGENCE OVERSIGHT ACTIVI-
TIES OF THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Subchapter I of chapter 21 of title 10, United
States Code, is amended by adding at the end the following new
section:
‘‘§ 427. Intelligence oversight activities of Department of
Defense: annual reports
‘‘(a) ANNUAL REPORTS REQUIRED.—(1) Not later than March
1 of each year, the Secretary of Defense shall submit—
‘‘(A) to the congressional committees specified in subpara-
graph (A) of paragraph (2) a report on the intelligence oversight
activities of the Department of Defense during the previous
calendar year insofar as such oversight activities relate to tac-
tical intelligence and intelligence-related activities of the
Department; and
‘‘(B) to the congressional committees specified in subpara-
graph (B) of paragraph (2) a report on the intelligence oversight
activities of the Department of Defense during the previous
calendar year insofar as such oversight activities relate to intel-
ligence and intelligence-related activities of the Department
other than those specified in subparagraph (A).
‘‘(2)(A) The committees specified in this subparagraph are the
following:
‘‘(i) The Committee on Armed Services and the Committee
on Appropriations of the Senate.
‘‘(ii) The Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on Appro-
priations of the House of Representatives.
‘‘(B) The committees specified in this subparagraph are the
following:
‘‘(i) The Select Committee on Intelligence, the Committee
on Armed Services, and the Committee on Appropriations of
the Senate.
‘‘(ii) The Permanent Select Committee on Intelligence and
the Committee on Appropriations of the House of Representa-
tives.
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‘‘(b) ELEMENTS.—Each report under subsection (a) shall include,
for the calendar year covered by such report and with respect
to oversight activities subject to coverage in that report, the fol-
lowing:
‘‘(1) A description of any violation of law or of any Executive
order or Presidential directive (including Executive Order No.
12333) that comes to the attention of any General Counsel
or Inspector General within the Department of Defense, or
the Under Secretary of Defense for Intelligence, and a descrip-
tion of the actions taken by such official with respect to such
activity.
‘‘(2) A description of the results of intelligence oversight
inspections undertaken by each of the following:
‘‘(A) The Office of the Secretary of Defense.
‘‘(B) Each military department.
‘‘(C) Each combat support agency.
‘‘(D) Each field operating agency.
‘‘(3) A description of any changes made in any program
for the intelligence oversight activities of the Department of
Defense, including any training program.
‘‘(4) A description of any changes made in any published
directive or policy memoranda on the intelligence or intel-
ligence-related activities of—
‘‘(A) any military department;
‘‘(B) any combat support agency; or
‘‘(C) any field operating agency.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘intelligence oversight activities of the
Department of Defense’ refers to any activity undertaken by
an agency, element, or component of the Department of Defense
to ensure compliance with regard to requirements or instruc-
tions on the intelligence and intelligence-related activities of
the Department under law or any Executive order or Presi-
dential directive (including Executive Order No. 12333).
‘‘(2) The term ‘combat support agency’ has the meaning
given that term in section 193(f) of this title.
‘‘(3) The term ‘field operating agency’ means a specialized
subdivision of the Department of Defense that carries out activi-
ties under the operational control of the Department.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the
following new item:
‘‘427. Intelligence oversight activities of Department of Defense: annual reports.’’.
SEC. 933. COLLECTION BY NATIONAL SECURITY AGENCY OF SERVICE
CHARGES 
FOR 
CERTIFICATION 
OR 
VALIDATION 
OF
INFORMATION ASSURANCE 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 evaluating,
certifying, or validating information assurance products under the
National Information Assurance Program or successor program.
‘‘(b) The charges collected under subsection (a) shall be estab-
lished through a public rulemaking process in accordance 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.
Regulations.
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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 Director may require
advance payment subject to such adjustment on completion of the
work as may be agreed upon.
‘‘(e) Amounts collected under this section shall be credited
to the account or accounts from which costs associated with such
amounts have been or will be incurred, to reimburse or offset
the direct costs of the program referred to in subsection (a).’’.
Subtitle E—Other Matters
SEC. 941. DEPARTMENT OF DEFENSE POLICY ON UNMANNED SYSTEMS.
(a) POLICY REQUIRED.—The Secretary of Defense shall develop
a policy, to be applicable throughout the Department of Defense,
on research, development, test and evaluation, procurement, and
operation of unmanned systems.
(b) ELEMENTS.—The policy required by subsection (a) shall
include or address the following:
(1) An identification of missions and mission requirements,
including mission requirements for the military departments
and joint mission requirements, for which unmanned systems
may replace manned systems.
(2) A preference for unmanned systems in acquisition pro-
grams for new systems, including a requirement under any
such program for the development of a manned system for
a certification that an unmanned system is incapable of meeting
program requirements.
(3) An assessment of the circumstances under which it
would be appropriate to pursue joint development and procure-
ment of unmanned systems and components of unmanned sys-
tems.
(4) The transition of unmanned systems unique to one
military department to joint systems, when appropriate.
(5) An organizational structure for effective management,
coordination, and budgeting for the development and procure-
ment of unmanned systems, including an assessment of the
feasibility and advisability of designating a single department
or other element of the Department of Defense to act as execu-
tive agent for the Department on unmanned systems.
(6) The integration of unmanned and manned systems to
enhance support of the missions identified in paragraph (1).
(7) Such other matters that the Secretary of Defense con-
siders to be appropriate.
(c) CONSULTATION.—The Secretary of Defense shall develop the
policy required by subsection (a) in consultation with the Chairman
of the Joint Chiefs of Staff.
(d) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report containing—
(1) the policy required by subsection (a); and
(2) an implementation plan for the policy that includes—
(A) a strategy and schedules for the replacement of
manned systems with unmanned systems in the perform-
ance of the missions identified in the policy pursuant to
subsection (b)(1);
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(B) establishment of programs to address technical,
operational, and production challenges, and gaps in
capabilities, with respect to unmanned systems; and
(C) an assessment of progress towards meeting the
goals identified for the subset of unmanned air and ground
systems established in section 220 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–38).
(e) UNMANNED SYSTEMS DEFINED.—In this section, the term
‘‘unmanned systems’’ consists of unmanned aerial systems,
unmanned ground systems, and unmanned maritime systems.
SEC. 942. EXECUTIVE SCHEDULE LEVEL IV FOR DEPUTY UNDER SEC-
RETARY OF DEFENSE FOR LOGISTICS AND MATERIEL
READINESS.
(a) EXECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5,
United States Code, is amended by inserting after the item relating
to the Deputy Under Secretary of Defense for Personnel and Readi-
ness the following new item:
‘‘Deputy Under Secretary of Defense for Logistics and Mate-
riel Readiness.’’.
(b) CONFORMING AMENDMENT.—Section 5314 of title 5, United
States Code, is amended by striking the item relating to the Deputy
Under Secretary of Defense for Logistics and Materiel Readiness.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act, and
shall apply with respect to individuals appointed as Deputy Under
Secretary of Defense for Logistics and Materiel Readiness on or
after that date.
SEC. 943. STUDY AND REPORT ON REFORM OF DEFENSE TRAVEL
SYSTEM.
(a) INDEPENDENT STUDY OF SYSTEM.—
(1) STUDY REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees the results
and recommendations of an independent study of the Defense
Travel System conducted to determine the most cost-effect
method of meeting Department of Defense travel requirements.
The study shall be conducted by an entity outside the Depart-
ment of Defense.
(2) ELEMENTS
OF
STUDY.—At a minimum, the study
required by this subsection shall address the following:
(A) The feasibility of separating the financial infra-
structure of the Defense Travel System, including voucher
processing, accounting, disbursing, debt collection, manage-
ment accountability, and archival functions, from the travel
reservation process.
(B) The feasibility of converting the travel reservation
process to a fee-for-services system or authorizing the use
of multiple travel reservation processes, all of which proc-
esses would use the financial infrastructure of the Defense
Travel System.
(C) The feasibility of making the use of the financial
infrastructure of the Defense Travel System mandatory
for all Department of Defense travel transactions.
Deadline.
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(b) IMPLEMENTATION PLANS.—Not later than 60 days after the
Secretary of Defense receives the independent study required by
subsection (a), the Secretary shall submit to the congressional
defense committees a report describing the actions, if any, that
the Secretary intends to take to implement the recommendations
contained in the study. If the Secretary does not intend to imple-
ment any of the recommendations, the Secretary shall explain the
basis for this decision.
(c) CONDITIONS
ON NEW CONTRACT
OR EXPENDITURES
FOR
DEFENSE TRAVEL SYSTEM.—Except to continue operations to provide
current services and to perform the functions described in para-
graphs (1) through (3), the Secretary of Defense may not initiate
a new contract for the Defense Travel System or expend funds
for the Defense Travel System until each of the following occurs:
(1) The Secretary submits the report required by subsection
(b).
(2) The Secretary develops firm, fixed requirements for
the Defense Travel System.
(3) The Secretary develops a schedule to phase out the
legacy travel systems made redundant by implementation of
the Defense Travel System.
SEC. 944. ADMINISTRATION OF PILOT PROJECT ON CIVILIAN LINGUIST
RESERVE CORPS.
(a) TRANSFER OF ADMINISTRATION TO SECRETARY OF DEFENSE.—
(1) IN GENERAL.—Administration of the pilot project on
the establishment of a Civilian Linguist Reserve Corps required
by section 613 of the Intelligence Authorization Act for Fiscal
Year 2005 (Public Law 108–487; 118 Stat. 3959; 50 U.S.C.
403–1b note) is hereby transferred from the Director of National
Intelligence to the Secretary of Defense.
(2) CONFORMING AMENDMENTS.—Section 613 of the Intel-
ligence Authorization Act for Fiscal Year 2005 is amended—
(A) by striking ‘‘Director of National Intelligence’’ each
place it appears and inserting ‘‘Secretary of Defense’’; and
(B) by striking ‘‘Director’’ each place it appears and
inserting ‘‘Secretary’’.
(b) COORDINATION WITH DIRECTOR OF NATIONAL INTELLIGENCE
IN ADMINISTRATION.—Subsection (a) of such section is further
amended—
(1) by inserting ‘‘(1)’’ after ‘‘PILOT PROJECT.—’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The Secretary shall conduct the pilot project in coordination
with the Director of National Intelligence.’’.
(c) DISCHARGE OF PROJECT THROUGH NATIONAL SECURITY EDU-
CATION
PROGRAM.—Subsection (a) of such section is further
amended by adding at the end the following new paragraph:
‘‘(3) The Secretary shall conduct the pilot project through the
National Security Education Program.’’.
(d) DURATION OF PROJECT.—Subsection (c) of such section is
amended by striking ‘‘three-year period’’ and inserting ‘‘five-year
period’’.
(e) REPEAL OF SUPERSEDED AUTHORIZATION.—Such section is
further amended by striking subsection (f).
Reports.
Deadline.
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SEC. 945. IMPROVEMENT OF AUTHORITIES ON THE NATIONAL SECU-
RITY EDUCATION PROGRAM.
(a) EXPANSION OF EMPLOYMENT CREDITABLE UNDER SERVICE
AGREEMENTS.—Paragraph (2) of subsection (b) of section 802 of
the David L. Boren National Security Education Act of 1991 (50
U.S.C. 1902) is amended to read as follows:
‘‘(2)(A) will (in accordance with regulations prescribed by
the Secretary of Defense in coordination with the heads of
the other Federal departments and agencies concerned) begin
work not later than three years after the recipient’s completion
of degree study during which scholarship assistance was pro-
vided under the program—
‘‘(i) for not less than one year in a position certified
by the Secretary of Defense, in coordination with the
Director of National Intelligence, the Secretary of
Homeland Security, and the Secretary of State (as
appropriate), as contributing to the national security
of the United States in the Department of Defense,
any element of the intelligence community, the Depart-
ment of Homeland Security, or the Department of
State; or
‘‘(ii) for not less than one year in a position in
a Federal agency or office that is identified by the
Secretary of Defense under subsection (g) as having
national security responsibilities if the recipient dem-
onstrates to the Secretary that no position is available
in the departments and agencies covered by clause
(i); or
‘‘(B) will (in accordance with such regulations) begin
work not later than two years after the recipient’s comple-
tion or termination of study for which fellowship assistance
was provided under the program—
‘‘(i) for not less than one year in a position certified
by the Secretary of Defense, in coordination with the
Director of National Intelligence, the Secretary of
Homeland Security, and the Secretary of State (as
appropriate), as contributing to the national security
of the United States in the Department of Defense,
any element of the intelligence community, the Depart-
ment of Homeland Security, or the Department of
State; or
‘‘(ii) for not less than one year in a position in
a Federal agency or office that is identified by the
Secretary of Defense under subsection (g) as having
national security responsibilities if the recipient dem-
onstrates to the Secretary that no position is available
in the departments and agencies covered by clause
(i); 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 sub-
section (h):
‘‘(h) TEMPORARY EMPLOYMENT
AND RETENTION
OF CERTAIN
PARTICIPANTS.—
‘‘(1) IN GENERAL.—The Secretary of Defense may—
Deadline.
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‘‘(A) appoint or retain a person provided scholarship
or fellowship assistance under the program in a position
in the Department of Defense on an interim basis during
the period of the person’s pursuit of a degree under the
program 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, there is an active
investigation to provide security clearance to the person
for an appropriate permanent position in the Department
of Defense under subsection (b)(2); and
‘‘(B) if there is no appropriate permanent position avail-
able for the person after the end of the periods described
in subparagraph (A), separate the person from employment
with the Department 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 period of service
of a person covered by paragraph (1) in a position on an
interim basis under that paragraph 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 Secretary of Defense
shall submit to Congress a plan for improving the recruitment,
placement, and retention within the Department of Defense of
individuals who receive scholarships 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 individuals with
critical foreign language skills and individuals who are regional
experts.
SEC. 946. REPORT ON THE POSTURE OF UNITED STATES SPECIAL
OPERATIONS COMMAND TO CONDUCT THE GLOBAL WAR
ON TERRORISM.
(a) FINDINGS.—Congress makes the following findings:
(1) The 2006 Quadrennial Defense Review recommends
an increase in the size of the United States Special Operations
Command as a fundamental part of the efforts of the Depart-
ment of Defense to fight the global war on terrorism.
(2) Special operations forces conducting all nine of their
statutory activities, as specified in section 167(j) of title 10,
United States Code, play a crucial role in the global war on
terrorism, and the Department of Defense should take a bal-
anced approach to the expansion of the force structure of that
command to provide additional capability in both the active
and reserve components.
(3) Special operations forces are engaged in operations
across the globe and in extreme and varied operational environ-
ments which require specialized training to successfully operate
in those environments.
(4) Due to the global and long-term nature of the global
war on terrorism, the Secretary of Defense should assess
whether the United States Special Operations Command has
Deadline.
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the appropriate force structure and training focus required
for successful operations in the global war on terrorism.
(b) REPORT ON POSTURE OF SOCOM TO CONDUCT THE GLOBAL
WAR ON TERRORISM.—Not later than six months after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report assessing the
posture of the United States Special Operations Command to con-
duct the global war on terrorism. The Secretary shall include in
the report the following:
(1) The Secretary’s assessment of whether the United
States Special Operations Command is appropriately manned,
resourced, and equipped to successfully meet the long-term
requirements of the global war on terrorism.
(2) The Secretary’s assessment whether the expansion of
that command as recommended in the 2006 Quadrennial
Defense Review provides an appropriate balance between active
and reserve component capabilities.
(3) The Secretary’s assessment of whether United States
Special Operations Command has sufficient Army Special
Forces to meet the 2006 Quadrennial Defense Review objective
of building allied and partner nation capacity through security
assistance and other training missions such as the Joint Com-
bined Exchange Training program.
(4) A detailed statement of the efforts of the commander
of the United States Special Operations Command to provide
special operations forces personnel with specialized environ-
mental training in preparation for operations across the globe
and in extreme and varied operational environments such as
mountain, jungle, or desert environments.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional emergency supplemental appropriations for
fiscal year 2006.
Sec. 1003. Reduction in certain authorizations due to savings relating to lower in-
flation.
Sec. 1004. Increase in fiscal year 2006 general transfer authority.
Sec. 1005. United States contribution to NATO common-funded budgets in fiscal
year 2007.
Sec. 1006. Report on budgeting for fluctuations in fuel cost rates.
Sec. 1007. Modification of date of submittal of OMB/CBO report on scoring of out-
lays.
Sec. 1008. Budgeting for ongoing military operations in Afghanistan and Iraq.
Subtitle B—Policy Relating to Vessels and Shipyards
Sec. 1011. Aircraft carrier force structure.
Sec. 1012. Sense of Congress on naming the CVN–78 aircraft carrier as the U.S.S.
Gerald R. Ford.
Sec. 1013. Transfer of naval vessels to foreign nations based upon vessel class.
Sec. 1014. Overhaul, repair, and maintenance of vessels in foreign shipyards.
Sec. 1015. Report on options for future lease arrangement for Guam Shipyard.
Sec. 1016. Assessments of naval vessel construction efficiencies and of effectiveness
of special contractor incentives.
Sec. 1017. Obtaining carriage by vessel: criterion regarding overhaul, repair, and
maintenance of vessels in the United States.
Sec. 1018. Riding gang member requirements.
Sec. 1019. Authority to transfer SS Arthur M. Huddell to the Government of
Greece.
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Subtitle C—Counter-Drug Activities
Sec. 1021. Extension of authority of Department of Defense to provide additional
support for counterdrug activities of other governmental agencies.
Sec. 1022. Extension and expansion of Department of Defense authority to provide
support for counter-drug activities of certain foreign governments.
Sec. 1023. Extension 
of 
authority 
to 
support 
unified 
counterdrug 
and
counterterrorism campaign in Colombia.
Sec. 1024. Continuation of reporting requirement regarding Department of Defense
expenditures to support foreign counterdrug activities.
Sec. 1025. Report on interagency counter-narcotics plan for Afghanistan and South
and Central Asian regions.
Sec. 1026. Report on United States support for Operation Bahamas, Turks &
Caicos.
Subtitle D—Force Structure and Defense Policy Matters
Sec. 1031. Improvements to Quadrennial Defense Review.
Sec. 1032. Quarterly reports on implementation of 2006 Quadrennial Defense Re-
view Report.
Sec. 1033. Report on feasibility of establishing a regional combatant command for
Africa.
Sec. 1034. Determination of Department of Defense intratheater and intertheater
airlift requirements and sealift mobility requirements.
Sec. 1035. Presidential report on improving interagency support for United States
21st century national security missions and interagency operations in
support of stability, security, transition, and reconstruction operations.
Subtitle E—Reports
Sec. 1041. Additional element in annual report on chemical and biological warfare
defense.
Sec. 1042. Report on biodefense human capital requirements in support of biosafety
laboratories.
Sec. 1043. Report on technologies for neutralizing or defeating threats to military
rotary-wing aircraft from portable air defense systems and rocket-pro-
pelled grenades.
Sec. 1044. Reports on expanded use of unmanned aerial vehicles in the National
Airspace System.
Sec. 1045. Report on incentives to encourage certain members and former members
of the Armed Forces to serve in the Bureau of Customs and Border Pro-
tection.
Sec. 1046. Repeal of certain report requirements.
Sec. 1047. Requirement for identification of recently enacted recurring reporting re-
quirements applicable to the Department of Defense.
Subtitle F—Miscellaneous Authorities and Limitations on Availability and Use of
Funds
Sec. 1051. Acceptance and retention of reimbursement from non-Federal sources to
defray Department of Defense costs of conferences.
Sec. 1052. Increased flexibility in use of funds for Joint Staff exercises.
Sec. 1053. Prohibition on parking of funds.
Sec. 1054. Modification of authorities relating to the Special Inspector General for
Iraq Reconstruction.
Subtitle G—Matters Involving Detainees
Sec. 1061. Provision of information to Congress on certain criminal investigations
and prosecutions involving detainees.
Subtitle H—Other Matters
Sec. 1071. Technical and clerical amendments.
Sec. 1072. Revision to authorities relating to Commission on the Implementation of
the New Strategic Posture of the United States.
Sec. 1073. Revised deadline for submission of final report of EMP Commission.
Sec. 1074. Extension of returning worker exemption to H–2B numerical limitation.
Sec. 1075. Patent term extensions for the badges of the American Legion, the
American Legion Women’s Auxiliary, and the Sons of the American Le-
gion.
Sec. 1076. Use of the Armed Forces in major public emergencies.
Sec. 1077. Increased hunting and fishing opportunities for members of the Armed
Forces, retired members, and disabled veterans.
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Subtitle A—Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) AUTHORITY.—Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2007 between any such authorizations for that fiscal
year (or any subdivisions thereof). Amounts of authorizations
so transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) LIMITATION.—The total amount of authorizations that
the Secretary may transfer under the authority of this section
may not exceed $4,500,000,000.
(b) LIMITATIONS.—The authority provided by this section to
transfer authorizations—
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made
from one account to another under the authority of this section
shall be deemed to increase the amount authorized for the account
to which the amount is transferred by an amount equal to the
amount transferred.
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORIZATION OF ADDITIONAL EMERGENCY SUPPLE-
MENTAL APPROPRIATIONS FOR FISCAL YEAR 2006.
(a) IRAQ, AFGHANISTAN, AND THE GLOBAL WAR ON TERROR.—
Amounts authorized to be appropriated to the Department of
Defense for fiscal year 2006 in the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109–163) are hereby adjusted,
with respect to any such authorized amount, by the amount by
which appropriations pursuant to such authorization are increased
by a supplemental appropriation, or decreased by a rescission, or
both, or are increased by a transfer of funds, pursuant to title
I of the Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Hurricane Recovery, 2006 (Public
Law 109–234).
(b) HURRICANE DISASTER RELIEF
AND RECOVERY.—Amounts
authorized to be appropriated to the Department of Defense for
fiscal year 2006 in the National Defense Authorization Act for
Fiscal Year 2006 are hereby adjusted, with respect to any such
authorized amount, by the amount by which appropriations pursu-
ant to such authorization are increased by a supplemental appro-
priation, or decreased by a rescission, or both, or are increased
by a transfer of funds, pursuant to title II of the Emergency Supple-
mental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 2006.
(c) BORDER SECURITY.—Amounts authorized to be appropriated
to the Department of Defense for fiscal year 2006 in the National
Defense Authorization Act for Fiscal Year 2006 are hereby adjusted,
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with respect to any such authorized amount, by the amount by
which appropriations pursuant to such authorization are increased
by a supplemental appropriation, or decreased by a rescission, or
both, or are increased by a transfer of funds, pursuant to title
V of the Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Hurricane Recovery, 2006.
SEC. 1003. REDUCTION IN CERTAIN AUTHORIZATIONS DUE TO SAVINGS
RELATING TO LOWER INFLATION.
(a) REDUCTION.—The aggregate amount authorized to be appro-
priated by titles I, II, and III is the amount equal to the sum
of all the amounts authorized to be appropriated by such titles
reduced by $757,051,000.
(b) SOURCE
OF SAVINGS.—Reductions required in order to
comply with subsection (a) shall be derived from savings resulting
from lower-than-expected inflation as a result of a review of the
inflation assumptions used in the preparation of the budget of
the President for fiscal year 2007, as submitted to Congress pursu-
ant to section 1005 of title 31, United States Code.
(c) ALLOCATION OF REDUCTION.—The Secretary of Defense shall
allocate the reduction required by subsection (a) among the amounts
authorized to be appropriated for accounts in titles I, II, and III
to reflect the extent to which net savings from lower-than-expected
inflation are allocable to amounts authorized to be appropriated
to such accounts.
SEC. 1004. INCREASE IN FISCAL YEAR 2006 GENERAL TRANSFER
AUTHORITY.
Section 1001(a)(2) of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3418) is
amended 
by 
striking 
‘‘$3,500,000,000’’ 
and 
inserting
‘‘$5,000,000,000’’.
SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED
BUDGETS IN FISCAL YEAR 2007.
(a) FISCAL YEAR 2007 LIMITATION.—The total amount contrib-
uted by the Secretary of Defense in fiscal year 2007 for the common-
funded budgets of NATO may be any amount up to, but not in
excess of, the amount specified in subsection (b) (rather than the
maximum amount that would otherwise be applicable to those
contributions under the fiscal year 1998 baseline limitation).
(b) TOTAL AMOUNT.—The amount of the limitation applicable
under subsection (a) is the sum of the following:
(1) The amounts of unexpended balances, as of the end
of fiscal year 2006, of funds appropriated for fiscal years before
fiscal year 2007 for payments for those budgets.
(2) The amount specified in subsection (c)(1).
(3) The amount specified in subsection (c)(2).
(4) The total amount of the contributions authorized to
be made under section 2501.
(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appro-
priated by titles II and III of this Act are available for contributions
for the common-funded budgets of NATO as follows:
(1) Of the amount provided in section 201(1), $797,000
for the Civil Budget.
(2) Of the amount provided in section 301(1), $310,277,000
for the Military Budget.
(d) DEFINITIONS.—For purposes of this section:
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(1) 
COMMON-FUNDED
BUDGETS
OF
NATO.—The 
term
‘‘common-funded budgets of NATO’’ means the Military Budget,
the Security Investment Program, and the Civil Budget of
the North Atlantic Treaty Organization (and any successor
or additional account or program of NATO).
(2) FISCAL
YEAR
1998
BASELINE
LIMITATION.—The term
‘‘fiscal year 1998 baseline limitation’’ means the maximum
annual amount of Department of Defense contributions for
common-funded budgets of NATO that is set forth as the annual
limitation in section 3(2)(C)(ii) of the resolution of the Senate
giving the advice and consent of the Senate to the ratification
of the Protocols to the North Atlantic Treaty of 1949 on the
Accession of Poland, Hungary, and the Czech Republic (as
defined in section 4(7) of that resolution), approved by the
Senate on April 30, 1998.
SEC. 1006. REPORT ON BUDGETING FOR FLUCTUATIONS IN FUEL COST
RATES.
(a) SECRETARY OF DEFENSE REPORT.—
(1) REPORT ON BUDGETING FOR FUEL COST FLUCTUATIONS.—
Not later than February 15, 2007, 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 Rep-
resentatives a report on the fuel rate and cost projection used
in the annual Department of Defense budget presentation.
(2) MATTERS TO BE INCLUDED.—In the report under para-
graph (1), the Secretary shall—
(A) identify alternative approaches for selecting fuel
rates that would produce more realistic estimates of
amounts required to be appropriated or otherwise made
available for the Department of Defense to accommodate
fuel rate fluctuations;
(B) discuss the advantages and disadvantages of each
approach identified pursuant to subparagraph (A); and
(C) identify the Secretary’s preferred approach among
the alternative identified pursuant to subparagraph (A)
and provide the Secretary’s rationale for preferring that
approach.
(3) IDENTIFICATION
OF
ALTERNATIVE
APPROACHES.—In
identifying alternative approaches pursuant to paragraph
(2)(A), the Secretary shall examine—
(A) approaches used by other Federal departments and
agencies; and
(B) the feasibility of using private economic forecasting.
(b) COMPTROLLER GENERAL REVIEW AND REPORT.—The Comp-
troller General shall review the report under subsection (a),
including the basis for the Secretary’s conclusions stated in the
report, and shall submit, not later than March 15, 2007, to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report con-
taining the results of that review.
SEC. 1007. MODIFICATION OF DATE OF SUBMITTAL OF OMB/CBO
REPORT ON SCORING OF OUTLAYS.
Section 226(a) of title 10, United States Code, is amended
by striking ‘‘January 15 of each year’’ and inserting ‘‘April 1 of
each year’’.
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PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 1008. BUDGETING FOR ONGOING MILITARY OPERATIONS IN
AFGHANISTAN AND IRAQ.
The President’s budget submitted to Congress pursuant to sec-
tion 1105(a) of title 31, United States Code, for each fiscal year
after fiscal year 2007 shall include—
(1) a request for the appropriation of funds for such fiscal
year for ongoing military operations in Afghanistan and Iraq;
(2) an estimate of all funds expected to be required in
that fiscal year for such operations; and
(3) a detailed justification of the funds requested.
Subtitle B—Policy Relating to Vessels and
Shipyards
SEC. 1011. AIRCRAFT CARRIER FORCE STRUCTURE.
(a) REDUCTION IN MINIMUM NUMBER OF OPERATIONAL AIRCRAFT
CARRIERS REQUIRED BY LAW.—Section 5062(b) of title 10, United
States Code, is amended by striking ‘‘12’’ and inserting ‘‘11’’.
(b) REQUIRED CERTIFICATION BEFORE RETIREMENT OF U.S.S.
JOHN F. KENNEDY.—The Secretary of the Navy may not retire
the U.S.S. John F. Kennedy (CV–67) from operational status unless
the Secretary of Defense first submits to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives the Secretary’s certification that the
Secretary has received—
(1) a formal notice from the Secretary of Homeland Security
that the Department of Homeland Security does not desire
to maintain and operate that vessel; and
(2) a formal notice from the North Atlantic Treaty
Organization that the North Atlantic Treaty Organization does
not desire to maintain and operate that vessel.
(c) CONDITIONS ON STATUS OF U.S.S. JOHN F. KENNEDY IF
RETIRED.—Upon the retirement from operational status of the
U.S.S. John F. Kennedy (CV–67), the Secretary of the Navy—
(1) while the vessel is in the custody and control of the
Navy, shall maintain that vessel in a state of preservation
(including configuration control, dehumidification, cathodic
protection, and maintenance of spares) that would allow for
reactivation of that vessel in the event that the vessel was
needed in response to a national emergency; and
(2) if the vessel is transferred from the custody and control
of the Navy, shall require as a condition of such transfer
that—
(A) if the President declares a national emergency
pursuant to the National Emergencies Act (50 U.S.C. 1601
et seq.), the transferee shall, upon request of the Secretary
of Defense, return the vessel to the United States; and
(B) in such a case (unless the transferee is otherwise
notified by the Secretary), title to the vessel shall revert
immediately to the United States.
SEC. 1012. SENSE OF CONGRESS ON NAMING THE CVN–78 AIRCRAFT
CARRIER AS THE U.S.S. GERALD R. FORD.
(a) FINDINGS.—Congress makes the following findings:
(1) Gerald R. Ford has served his country with honor
and distinction for the past 64 years, and continues to serve.
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(2) Gerald R. Ford was commissioned in the Naval Reserve
in 1942 and served valiantly at sea on the U.S.S. Monterey
(CVL–26) during World War II, taking part in major operations
in the Pacific, including at Makin Island, Kwajalein, Truk,
Saipan, and the Philippine Sea.
(3) Gerald R. Ford received 9 engagement stars and 2
bronze stars for his service in the Navy during World War
II.
(4) Gerald R. Ford was first elected to the House of Rep-
resentatives in 1948.
(5) During 25 years of service in the House of Representa-
tives, Gerald R. Ford distinguished himself by an exemplary
record for character, decency, and trustworthiness.
(6) Throughout his service in the House of Representatives,
Gerald R. Ford was an ardent proponent of strong national
defense and international leadership by the United States.
(7) From 1965 to 1973, Gerald R. Ford served as minority
leader of the House of Representatives, raising the standard
for bipartisanship in his tireless fight for freedom, hope, and
justice.
(8) In 1973, Gerald R. Ford was appointed by President
Nixon to the office of Vice President of the United States
under the 25th Amendment to the Constitution, having been
confirmed by overwhelming majorities in both Houses of Con-
gress.
(9) On August 9, 1974, Gerald R. Ford became the 38th
President of the United States, taking office during one of
the most challenging periods in the history of the United States.
(10) As President from August 9, 1974, to January 20,
1977, Gerald R. Ford restored the faith of the people of the
United States in the office of the President through his steady
leadership, courage, and ultimate integrity.
(11) As President, Gerald R. Ford helped restore the pres-
tige of the United States in the world community by working
to achieve peace in the Middle East, preserve detente with
the Soviet Union, and set new limits on the spread of nuclear
weapons.
(12) As President, Gerald R. Ford served as Commander
in Chief of the Armed Forces with great dignity, supporting
a strong Navy and a global military presence for the United
States and honoring the members of the Armed Forces.
(13) Since leaving the office of President, Gerald R. Ford
has been an international ambassador of American goodwill,
a noted scholar and lecturer, a strong supporter of human
rights, and a promoter of higher education.
(14) Gerald R. Ford was awarded the Medal of Freedom
and the Congressional Gold Medal in 1999 in recognition of
his contribution to the Nation.
(15) As President, Gerald R. Ford bore the weight of a
constitutional crisis and guided the Nation on a path of healing
and restored hope, earning forever the enduring respect and
gratitude of the Nation.
(b) NAMING OF CVN–78 AIRCRAFT CARRIER.—It is the sense
of Congress that the nuclear-powered aircraft carrier of the Navy
designated as CVN–78 should be named the U.S.S. Gerald R. Ford.
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SEC. 1013. TRANSFER OF NAVAL VESSELS TO FOREIGN NATIONS BASED
UPON VESSEL CLASS.
Section 7307(a) of title 10, United States Code, is amended—
(1) by striking ‘‘disposition of that vessel is approved’’ and
inserting ‘‘disposal of that vessel, or of a vessel of the class
of that vessel, is authorized’’; and
(2) by adding at the end the following new sentences:
‘‘In the case of an authorization by law for the disposal of
such a vessel that names a specific vessel as being authorized
for such disposal, the Secretary of Defense may substitute
another vessel of the same class, if the vessel substituted has
virtually identical capabilities as the named vessel. In the
case of an authorization by law for the disposal of vessels
of a specified class, the Secretary may dispose of vessels of
that class pursuant to that authorization only in the number
of such vessels specified in that law as being authorized for
disposal.’’.
SEC. 1014. OVERHAUL, REPAIR, AND MAINTENANCE OF VESSELS IN
FOREIGN SHIPYARDS.
Section 7310(a) of title 10, United States Code, is amended—
(1) by inserting ‘‘OR GUAM’’ in the subsection heading after
‘‘UNITED STATES’’; and
(2) by inserting ‘‘or Guam’’ after ‘‘in the United States’’.
SEC. 1015. REPORT ON OPTIONS FOR FUTURE LEASE ARRANGEMENT
FOR GUAM SHIPYARD.
(a) REPORT REQUIRED.—Not later than December 15, 2006,
the Secretary of the Navy shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Service of
the House of Representatives a report describing the options avail-
able with respect to the Guam Shipyard in Santa Rita, Guam.
(b) CONTENTS
OF REPORT.—The report required under sub-
section (a) shall include the following:
(1) An evaluation of the performance of the entities that,
as of the date of the enactment of this Act, are the lessee
and operators of the Guam Shipyard under the terms of the
lease in effect on the date of the enactment of this Act.
(2) An evaluation of each of the following options with
respect to the Guam Shipyard lease:
(A) Terminating the remaining term of the lease and
issuing a new 25 year lease with the same entity.
(B) Terminating the remaining term of the lease with
respect to the approximately 73 acres within the Guam
Shipyard that are required for mission requirements and
leaving the remaining term of the lease in effect with
respect to the approximately 27 acres within the Facility
that are not required for mission requirements.
(C) Terminating the remaining term of the lease and
negotiating a new use arrangement with a different lessee
or operator. The new use arrangement options shall
include:
(i) Government-owned and government-operated
facility.
(ii) Government-owned and contractor-operated
facility.
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(iii) Government-leased property for contractor-
owned and contractor-operated facility.
(c) OPTIONS FOR NEW USE ARRANGEMENTS.—In evaluating the
options under subsection (b)(2)(C), the Secretary of the Navy shall
include an evaluation of each of the following:
(1) The anticipated future military vessel repair and work-
load on Guam in relation to the 2006 Quadrennial Defense
Review, issued on February 6, 2006, pursuant to section 118
of title 10, United States Code.
(2) The anticipated military vessel repair and workload
attributable to vessels comprising the Maritime Prepositioning
Ship Squadron Three.
(3) The anticipated military vessel repair and workload
due to a change in section 7310 of title 10, United States
Code, that would designate Guam as a United States homeport
facility.
(4) The expected workload if the submarine tender the
U.S.S. Frank Cable (AS–40) is decommissioned.
(5) The estimated reacquisition costs of transferred Govern-
ment property.
(6) Costs to improve floating dry dock mooring certification
and required nuclear certification for the floating dry dock
designated as AFDB–8 to conduct the following maintenance:
(A) Dry-docking selected restricted availabilities and
mid-term availability for attack submarines.
(B) Dry-docking phased maintenance availabilities for
amphibious vessels, including to amphibious assault ships,
dock landing ships, and amphibious transport dock ships.
(C) Dry-docking phased maintenance availabilities for
surface combatants, including cruisers, destroyers, and frig-
ates.
(7) Commercial opportunities for development to expand
commercial ship repair and general industrial services, given
anti-terrorism force protection requirements at the current
facility.
(8) Estimates from three contractors for the maintenance
and repair costs associated with executing a multiship, multi-
option contract that would generate a minimum 60,000 manday
commitment for the Department of the Navy and Military
Sealift Command vessels.
(9) A projection of the maintenance and repair costs associ-
ated with executing a minimum 60,000 mandays for the Depart-
ment of the Navy and Military Sealift Command vessels as
a Government-owned and Government-operated Navy ship
repair facility.
(d) INPUT FROM CONTRACTORS.—In evaluating the options
under clauses (ii) and (iii) of subsection (b)(2)(C) for the purposes
of paragraphs (1), (2), and (3) of subsection (c), the Secretary of
the Navy shall seek input from at least three contractors on the
viability of operations based on the projected workload fiscal years
2008 through 2013.
(e) RECOMMENDATIONS.—The Secretary of the Navy shall
include in the report required under subsection (a) the following:
(1) The recommendations of the Secretary with respect
to continuation of the existing Guam Shipyard lease based
on evaluations conducted pursuant to subsection (b)(1).
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(2) The option under subsection (b)(2) that the Secretary
recommends for fiscal year 2008.
(f) GAO REPORT.—Not later than March 1, 2007, the Comp-
troller General shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Service of the House
of Representatives a report evaluating the report submitted by
the Secretary of the Navy under subsection (a). The report shall
include the option under subsection (b)(2) that the Secretary rec-
ommends for fiscal year 2008.
SEC. 1016. ASSESSMENTS OF NAVAL VESSEL CONSTRUCTION EFFI-
CIENCIES AND OF EFFECTIVENESS OF SPECIAL CON-
TRACTOR INCENTIVES.
(a) ASSESSMENT REQUIRED.—The Secretary of the Navy shall
conduct an assessment of each of the aspects of naval vessel
construction specified in subsection (b) in order to determine—
(1) what inefficiencies exist in those aspects of naval vessel
construction;
(2) what innovative design and production technologies,
processes, and performance incentives are warranted to
alleviate the inefficiencies so identified; and
(3) what action the Secretary intends to take to facilitate
the adoption by the shipbuilding industry of the technologies,
processes, and performance incentives identified under para-
graph (2).
(b) ASPECTS
TO BE ASSESSED.—Subsection (a) applies with
respect to the following aspects of naval vessel construction:
(1) 
Program 
design, 
engineering, 
and 
production
engineering.
(2) Organization and operating systems.
(3) Steelwork production.
(4) Ship construction and outfitting.
(5) Combat systems development, integration, and installa-
tion.
(c) CONSIDERATION
OF PRIOR ASSESSMENTS.—In making the
assessments required by subsection (a), the Secretary shall take
into consideration the results of—
(1) the study of the cost effectiveness of the ship construc-
tion program of the Navy required by section 1014 of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2041);
(2) the assessment of the United States naval shipbuilding
industry required by section 254 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109–163;
119 Stat. 3180); and
(3) any prior assessment performed by or on behalf of
the Department of Defense.
(d) SPECIAL
CONTRACTOR
INCENTIVES.—In addition to the
assessments under subsection (a), the Secretary shall conduct an
assessment of the effectiveness of the use in naval vessel construc-
tion contracts of special contract incentives for investment by the
contractor in facilities and process improvement projects. Such
assessment shall include the following:
(1) A description of the intent of the use of such incentives
in naval vessel construction contracts.
(2) A description of the process and criteria used by the
Secretary for evaluation of proposed projects to receive such
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incentives in naval vessel construction contracts and for the
selection among such proposed projects for inclusion of incen-
tives in such contracts.
(3) For each facility or process improvement project for
which funds were provided in a naval vessel construction con-
tract during the five-year period ending on the date of the
enactment of this Act (including the facility or process improve-
ment project contract incentives incorporated in the Virginia-
class submarine construction contract and in the CVN–21
construction contract)—
(A) a description of the facility or process improvement
project proposed by the contractor;
(B) the amount expended (or to be expended) by the
United States for the project under the contract; and
(C) the estimated or actual return on investment for
the amounts referred to in subparagraph (B).
(4) The plans of the Secretary of the Navy to use similar
contract incentives in ongoing and future shipbuilding pro-
grams.
(5) Any recommendation by the Secretary for the enactment
of legislation that might increase the effectiveness of, or expand
the use of, such contract incentives.
(e) REPORT.—Not later than April 1, 2007, the Secretary of
the Navy shall submit to the congressional defense committees
a report on—
(1) the Secretary’s assessments of naval vessel construction
efficiencies under subsection (a), addressing each of the matters
specified in that subsection; and
(2) the Secretary’s assessment of the effectiveness of special
incentives for contractor investment in facilities and process
improvement projects under subsection (d).
SEC. 1017. OBTAINING CARRIAGE BY VESSEL: CRITERION REGARDING
OVERHAUL, REPAIR, AND MAINTENANCE OF VESSELS IN
THE UNITED STATES.
(a) ACQUISITION POLICY.—In order to maintain the national
defense industrial base, the Secretary of Defense shall issue an
acquisition policy that establishes, as a criterion required to be
considered in obtaining carriage by vessel of cargo for the Depart-
ment of Defense, the extent to which an offeror of such carriage
had overhaul, repair, and maintenance work for covered vessels
of the offeror performed in shipyards located in the United States.
(b) COVERED VESSELS.—A vessel is a covered vessel of an offeror
under this section if the vessel is—
(1) owned, operated, or controlled by the offeror; and
(2) qualified to engage in the carriage of cargo in the
coastwise or non-contiguous trade under section 27 of the Mer-
chant Marine Act, 1920 (46 U.S.C. 883), section 12106 of title
46, United States Code, and section 2 of the Shipping Act,
1916 (46 U.S.C. App. 802).
(c) APPLICATION
OF
POLICY.—The acquisition policy shall
include rules providing for application of the policy to covered
vessels as expeditiously as is practicable based on the nature of
carriage obtained, and by no later than June 1, 2007.
(d) REGULATIONS.—
(1) IN GENERAL.—The Secretary shall prescribe regulations
as necessary to carry out the acquisition policy and submit
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such regulations to the Committees on Armed Services of the
Senate and the House of Representatives, by not later than
June 1, 2007.
(2) INTERIM REGULATIONS.—
(A) IN GENERAL.—The Secretary may prescribe interim
regulations as necessary to carry out the acquisition policy.
For this purpose, the Secretary is excepted from compliance
with the notice and comment requirements of section 553
of title 5, United States Code.
(B) SUBMISSION TO CONGRESS.—Upon the issuance of
interim regulations under this paragraph, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives the interim regu-
lations and a description of the acquisition policy developed
(or being developed) under subsection (a).
(C) EXPIRATION.—All interim regulations prescribed
under the authority of this paragraph that are not earlier
superseded by final regulations shall expire no later than
June 1, 2007.
(e) ANNUAL REPORT.—The Secretary, acting through the United
States Transportation Command, shall annually submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report regarding overhaul, repair, and mainte-
nance performed on covered vessels of each offeror of carriage
to which the acquisition policy applies.
(f) DEFINITIONS.—In this section:
(1) FOREIGN SHIPYARD.—The term ‘‘foreign shipyard’’ means
a shipyard that is not located in the United States.
(2) UNITED STATES.—The term ‘‘United States’’ means—
(A) any State of the United States; and
(B) Guam.
SEC. 1018. RIDING GANG MEMBER REQUIREMENTS.
(a) REQUIREMENT FOR CHARTERS AND CONTRACTS.—
(1) IN GENERAL.—The Secretary of Defense may not award,
renew, extend, or exercise an option to extend any charter
of a vessel documented under chapter 121 of title 46, United
States Code, for the Department of Defense, or any contract
for the carriage of cargo by a vessel documented under that
chapter for the Department of Defense, unless the charter
or contract, respectively, includes provisions that allow riding
gang members to perform work on the vessel during the effec-
tive period of the charter or contract only under terms, condi-
tions, restrictions, and requirements that, except as provided
in paragraphs (2) and (3), are substantially the same as those
that apply under section 8106 of title 46, United States Code,
as in effect immediately before the enactment of this Act,
with respect to a vessel referred to in that section.
(2) LIMITATION.—For purposes of paragraph (1) of this sub-
section, subsections (a)(1)(A)(ii), (c), and (d) of section 8106
of title 46, United States Code, shall not apply with respect
to a charter or contract referred to in paragraph (1).
(3) MERCHANT MARINER’S DOCUMENT REQUIRED.—The Sec-
retary of Defense shall include in the provisions required under
paragraph (1) a requirement that each riding gang member
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who performs work on the vessel must hold a merchant mari-
ner’s document issued under chapter 73 of title 46, United
States Code.
(4) RIDING GANG MEMBER DEFINED.—In this subsection the
term ‘‘riding gang member’’ has the meaning that term has
in section 8106 of title 46, United States Code, as in effect
immediately before the enactment of this Act.
(b) EXEMPTIONS BY SECRETARY OF DEFENSE.—
(1) IN GENERAL.—The Secretary of Defense may issue regu-
lations that exempt from the charter or contract provisions
required under subsection (a) any individual who is on a vessel
for purposes other than engaging in the operation or mainte-
nance of the vessel, including an individual who is—
(A) one of the personnel who accompany, supervise,
guard, and maintain unit equipment aboard a ship, com-
monly referred to as supercargo personnel;
(B) one of the force protection personnel of the vessel;
(C) a specialized repair technician; or
(D) otherwise required by the Secretary of Defense
to be aboard the vessel.
(2) BACKGROUND CHECK.—Such regulations shall include
a requirement that any individual who is exempt under the
regulations must pass a background check before going aboard
the vessel, unless the individual holds a merchant mariner’s
document issued under chapter 73 of title 46, United States
Code.
(3) EXEMPTED INDIVIDUAL NOT TREATED AS IN ADDITION
TO THE CREW.—An individual exempted under paragraph (1)
shall not be counted as an individual in addition to the crew
for the purposes of section 3304 of title 46, United States
Code.
SEC. 1019. AUTHORITY TO TRANSFER SS ARTHUR M. HUDDELL TO
THE GOVERNMENT OF GREECE.
(a) AUTHORITY TO TRANSFER.—The President is authorized to
transfer the ex-Liberty ship SS Arthur M. Huddell to the Govern-
ment of Greece in accordance with such terms and conditions as
the President may determine.
(b) ADDITIONAL EQUIPMENT.—The President is authorized to
convey additional equipment from other obsolete vessels of the
National Defense Reserve Fleet to assist the Government of Greece
in using the vessel referred to in subsection (a) as a museum
exhibit.
(c) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARD.—
To the maximum extent practicable, the President shall require,
as a condition of the transfer of the vessel referred to in subsection
(a), that the Government of Greece have such repair or refurbish-
ment of the vessel as is needed performed at a shipyard located
in the United States.
Regulations.
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Subtitle C—Counter-Drug Activities
SEC. 1021. EXTENSION OF AUTHORITY OF DEPARTMENT OF DEFENSE
TO PROVIDE ADDITIONAL SUPPORT FOR COUNTERDRUG
ACTIVITIES OF OTHER GOVERNMENTAL AGENCIES.
Section 1004(a) of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 374 note) is amended by striking
‘‘through 2006’’ and inserting ‘‘through 2011’’.
SEC. 1022. EXTENSION AND EXPANSION OF DEPARTMENT OF DEFENSE
AUTHORITY TO PROVIDE SUPPORT FOR COUNTER-DRUG
ACTIVITIES OF CERTAIN FOREIGN GOVERNMENTS.
(a) EXTENSION
OF AUTHORITY.—Paragraph (2) of subsection
(a) of section 1033 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881), as amended
by section 1021 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108–136: 117 Stat. 1593), is amended
by striking ‘‘September 30, 2006’’ and inserting ‘‘September 30,
2008’’.
(b) ADDITIONAL GOVERNMENTS ELIGIBLE TO RECEIVE SUP-
PORT.—Subsection (b) of such section is amended by adding at
the end the following new paragraphs:
‘‘(10) The Government of Azerbaijan.
‘‘(11) The Government of Kazakhstan.
‘‘(12) The Government of Kyrgyzstan.
‘‘(13) The Government of Armenia.
‘‘(14) The Government of Guatemala.
‘‘(15) The Government of Belize.
‘‘(16) The Government of Panama.’’.
(c) TYPES
OF SUPPORT.—Subsection (c) of such section is
amended—
(1) in paragraph (2), by inserting ‘‘, vehicles, and, subject
to section 484(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291c(a)), aircraft’’ after ‘‘patrol boats’’; and
(2) by adding at the end the following new paragraphs:
‘‘(4) The transfer of detection, interception, monitoring, and
testing equipment.
‘‘(5) For the Government of Afghanistan only, individual
and crew-served weapons of 50 caliber or less and ammunition
for such weapons for counter-narcotics security forces.’’.
(d) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Subsection (e)(2)
of such section is amended—
(1) by striking ‘‘or $40,000,000’’ and inserting ‘‘$40,000,000’’;
and
(2) by inserting before the period at the end the following:
‘‘, or $60,000,000 during either of the fiscal years 2007 and
2008’’.
SEC. 
1023. 
EXTENSION 
OF 
AUTHORITY 
TO 
SUPPORT 
UNIFIED
COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118
Stat. 2042) is amended—
(1) in subsection (a)(1), by striking ‘‘and 2006’’ and inserting
‘‘through 2008’’; and
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(2) in subsection (c), by striking ‘‘and 2006’’ and inserting
‘‘through 2008’’.
SEC. 1024. CONTINUATION OF REPORTING REQUIREMENT REGARDING
DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT
FOREIGN COUNTERDRUG ACTIVITIES.
(a) TWO-YEAR EXTENSION OF REPORTING REQUIREMENT.—Sec-
tion 1022 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–255), as amended by section 1022 of the
National Defense Authorization Act for Fiscal Year 2002 (Public
Law 107–107; 115 Stat. 1215) and section 1021 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109–
163; 119 Stat. 3426), is further amended by striking ‘‘Not later
than April 15, 2006,’’ and inserting ‘‘(a) REPORTS REQUIRED.—Not
later than April 15, 2006, February 15, 2007, and February 15,
2008,’’.
(b) ADDITIONAL INFORMATION TO BE INCLUDED.—Such section
is further amended—
(1) by designating the second sentence as subsection (b)
and striking ‘‘The report’’ and inserting ‘‘INFORMATION TO BE
PROVIDED.—Each report under this section’’; and
(2) in paragraph (2), by inserting before the period at
the end the following: ‘‘and the amount of funds provided for
each type of counterdrug activity assisted’’.
(c) FORM AND SUBMISSION OF REPORTS.—Such section is further
amended—
(1) in subsection (a), as designated by subsection (a) of
this section, by striking ‘‘the congressional defense committees’’
and inserting ‘‘the congressional committees specified in sub-
section (d)’’; and
(2) by adding at the end the following new subsections:
‘‘(c) FORM OF REPORTS.—Each report under this section shall
be submitted in both classified and unclassified form.
‘‘(d) SPECIFIED COMMITTEES.—The congressional committees
specified in this subsection are the following:
‘‘(1) The Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Appropriations
of the Senate.
‘‘(2) The Committee on Armed Services, the Committee
on International Relations, and the Committee on Appropria-
tions of the House of Representatives.’’.
SEC. 1025. REPORT ON INTERAGENCY COUNTER-NARCOTICS PLAN FOR
AFGHANISTAN 
AND 
SOUTH 
AND 
CENTRAL 
ASIAN
REGIONS.
(a) REPORT REQUIRED.—Not later than December 31, 2006,
the Secretary of Defense shall submit to the congressional defense
committees a report updating the interagency counter-narcotics
implementation plan for Afghanistan and the South and Central
Asian regions, including Turkmenistan, Uzbekistan, Tajikistan,
Kyrgyzstan, Kazakhstan, Iran, Armenia, Azerbaijan, Pakistan,
India, and China.
(b) CONSULTATION.—The report under this section shall be pre-
pared in consultation with the Secretary of State, the Administrator
of the Agency for International Development, and the Director
of the Drug Enforcement Administration.
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(c) MATTERS TO BE INCLUDED.—The report shall include the
following for each foreign government covered by the report:
(1) A consideration of what activities should be reallocated
among the United States and the foreign government based
on the capabilities of each department and agency involved.
(2) Any measures necessary to clarify the legal authority
required to complete the mission.
(3) The measures necessary for the United States to
successfully complete its counter-narcotics efforts in Afghani-
stan and the South and Central Asian regions, including an
assessment of whether sufficient personnel and other resources,
including infrastructure and development initiatives, are being
made available by the United States and the foreign govern-
ment.
(4) Current and proposed United States funding to support
counter-narcotics activities of the foreign government.
SEC. 1026. REPORT ON UNITED STATES SUPPORT FOR OPERATION
BAHAMAS, TURKS & CAICOS.
(a) FINDINGS.—Congress makes the following findings:
(1) In 1982 the United States Government created Oper-
ation Bahamas, Turks & Caicos (OPBAT) to counter the smug-
gling of cocaine into the United States.
(2) According to the Drug Enforcement Agency, an esti-
mated 80 percent of the cocaine entering the United States
in the 1980s came through the Bahamas, whereas, according
to the Office of National Drug Control Policy, only an estimated
10 percent comes through the Bahamas today.
(3) According to the Drug Enforcement Agency, more than
80,000 kilograms of cocaine and nearly 700,000 pounds of mari-
juana have been seized in Operation Bahamas, Turks & Caicos
since 1986, with a combined street value of approximately
two billion dollars.
(4) The Army has provided military airlift to law enforce-
ment officials under Operation Bahamas, Turks & Caicos to
create an effective, reliable, and immediate response capability
for drug interdiction. This support is largely responsible for
the decline in cocaine shipments to the United States through
the Bahamas.
(5) The Bahamas is an island nation composed of approxi-
mately 700 islands and keys, which makes aviation assets
the best and most efficient method of transporting law enforce-
ment agents and interdicting smugglers.
(6) It is in the interests of the United States to maintain
the results of the successful Operation Bahamas, Turks &
Caicos program and prevent drug smugglers from rebuilding
their operations through the Bahamas.
(b) REPORT
ON UNITED STATES GOVERNMENT SUPPORT
FOR
OPBAT.—
(1) REPORT ON DECISION TO WITHDRAW.—Not later than
30 days before implementing a decision to withdraw Depart-
ment of Defense helicopters from Operation Bahamas, Turks
& Caicos, the Secretary of Defense shall submit to the Congress
a report outlining the plan for the coordination of the Operation
Bahamas, Turks & Caicos mission, at the same level of
effectiveness, using other United States Government assets.
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(2) CONSULTATION.—The Secretary of Defense shall consult
with the Secretary of State, the Attorney General, and the
Secretary of Homeland Security, and with other appropriate
officials of the United States Government, in preparing the
report under paragraph (1).
(3) ELEMENTS.—The report under paragraph (1) on the
withdrawal of equipment referred to in that paragraph shall
include the following:
(A) An explanation of the military justification for the
withdrawal of the equipment.
(B) An assessment of the availability of other options
(including other Government helicopters) to provide the
capability being provided by the equipment to be with-
drawn.
(C) An explanation of how each option specified under
subparagraph (B) will provide the capability currently pro-
vided by the equipment to be withdrawn.
(D) An assessment of the potential use of unmanned
aerial vehicles in Operation Bahamas, Turks & Caicos,
including the capabilities of such vehicles and any advan-
tages or disadvantages associated with the use of such
vehicles in that operation, and a recommendation on
whether or not to deploy such vehicles in that operation.
Subtitle D—Force Structure and Defense
Policy Matters
SEC. 1031. IMPROVEMENTS TO QUADRENNIAL DEFENSE REVIEW.
(a) FINDINGS.—Congress finds that the comprehensive examina-
tion of the defense program and policies of the United States that
is undertaken by the Security Defense every four years pursuant
to section 118 of title 10, United States Code, known as the
Quadrennial Defense Review, is—
(1) vital in laying out the strategic military planning and
threat objectives of the Department of Defense; and
(2) critical to identifying the correct mix of military plan-
ning assumptions, defense capabilities, and strategic focuses
for the Armed Forces.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Quadrennial Defense Review is intended to provide more than
an overview of global threats and the general strategic orientation
of the Department of Defense.
(c) CONDUCT OF REVIEW.—Subsection (b) of section 118 of title
10, United States Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(4) to make recommendations that are not constrained
to comply with the budget submitted to Congress by the Presi-
dent pursuant to section 1105 of title 31.’’.
(d) ADDITIONAL ELEMENTS
IN REPORT
TO CONGRESS.—Sub-
section (d) of such section is amended—
(1) in paragraph (1), by inserting ‘‘, the strategic planning
guidance,’’ after ‘‘United States’’;
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(2) by redesignating paragraphs (9) through (15) as para-
graphs (10), (11), (12), (13), (14), (15), and (17), respectively;
(3) by inserting after paragraph (8) the following new para-
graph (9):
‘‘(9) The specific capabilities, including the general number
and type of specific military platforms, needed to achieve the
strategic and warfighting objectives identified in the review.’’;
and
(4) by inserting after paragraph (15), as redesignated by
paragraph (2), the following new paragraph:
‘‘(16) The homeland defense and support to civil authority
missions of the active and reserve components, including the
organization and capabilities required for the active and reserve
components to discharge each such mission.’’.
(e) CJCS REVIEW.—Subsection (e)(1) of such section is amended
by inserting before the period at the end the following: ‘‘and a
description of the capabilities needed to address such risk’’.
(f) 
INDEPENDENT
ASSESSMENT.—Such 
section 
is 
further
amended by adding at the end the following new subsection:
‘‘(f) INDEPENDENT PANEL ASSESSMENT.—(1) Not later than six
months before the date on which the report on a Quadrennial
Defense Review is to be submitted under subsection (d), the Sec-
retary of Defense shall establish a panel to conduct an assessment
of the quadrennial defense review.
‘‘(2) Not later than three months after the date on which
the report on a quadrennial defense review is submitted under
subsection (d) to the congressional committees named in that sub-
section, the panel appointed under paragraph (1) shall submit to
those committees an assessment of the review, including the rec-
ommendations of the review, the stated and implied assumptions
incorporated in the review, and the vulnerabilities of the strategy
and force structure underlying the review. The assessment of the
panel shall include analyses of the trends, asymmetries, and con-
cepts of operations that characterize the military balance with
potential adversaries, focusing on the strategic approaches of pos-
sible opposing forces.’’.
SEC. 1032. QUARTERLY REPORTS ON IMPLEMENTATION OF 2006
QUADRENNIAL DEFENSE REVIEW REPORT.
(a) REPORTS REQUIRED.—Not later than 30 days after the end
of each fiscal-year quarter, the Secretary of Defense shall submit
to the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a report
on the implementation of recommendations described in the Depart-
ment of Defense 2006 Quadrennial Defense Review Report.
(b) CONTENTS OF REPORTS.—Each quarterly report under sub-
section (a) shall, at a minimum—
(1) describe the processes and procedures established by
the Secretary of Defense to examine the various recommenda-
tions referred to in subsection (a);
(2) discuss implementation plans and strategies for each
area highlighted by the Quadrennial Defense Review Report;
(3) provide relevant information about the status of such
implementation; and
(4) indicate changes in the Secretary’s assessment of the
defense strategies or capabilities required since the publication
of the 2006 Quadrennial Defense Review Report.
Deadlines.
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(c) INITIAL REPORT.—The first report under subsection (a) shall
be submitted not later than January 31, 2007.
(d) EXPIRATION OF REQUIREMENT.—The reporting requirement
in subsection (a) shall terminate upon the earlier of the following:
(1) The date of the publication of the next Quadrennial
Defense Review Report after the date of the enactment of
this Act pursuant to section 118 of title 10, United States
Code.
(2) The date of transmission of a written notification by
the Secretary of Defense to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives that implementation of the rec-
ommendations of the 2006 Quadrennial Defense Review is com-
plete.
SEC. 1033. REPORT ON FEASIBILITY OF ESTABLISHING A REGIONAL
COMBATANT COMMAND FOR AFRICA.
(a) REPORT REQUIRED.—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 Com-
mittee on Armed Services of the House of Representatives a report
on the establishment under chapter 6 of title 10, United States
Code, of a new unified combatant command with a geographic
area of responsibility consisting of the African continent and adja-
cent waters.
(b) CONTENT.—The report under subsection (a) shall include—
(1) a study on the feasibility and advisability of establishing
a combatant command for Africa as described in subsection
(a);
(2) an assessment of the benefits and problems associated
with establishing such a command; and
(3) an estimate of the costs, time, and resources needed
to establish such a command.
SEC. 
1034. 
DETERMINATION 
OF 
DEPARTMENT 
OF 
DEFENSE
INTRATHEATER AND INTERTHEATER AIRLIFT REQUIRE-
MENTS AND SEALIFT MOBILITY REQUIREMENTS.
(a) DETERMINATION
OF
REQUIREMENTS.—The Secretary of
Defense, as part of the 2006 Mobility Capabilities Study, shall
determine Department of Defense mobility requirements as follows:
(1) The Secretary shall determine intratheater and inter-
theater airlift mobility requirements (stated in terms of million
ton miles per day) and sealift mobility requirements (stated
in terms of tons) necessary to support warfighting objectives
of the commanders of the combatant commands for each sce-
nario that was modeled in the 2005 Mobility Capabilities Study
and each scenario that is modeled in the 2006 Mobility Capabili-
ties Study.
(2) The Secretary shall determine intratheater and inter-
theater airlift mobility requirements (stated in terms of million
ton miles per day) and sealift mobility requirements (stated
in terms of tons) for executing the National Military Strategy
with a low acceptable level of risk, with a medium acceptable
level of risk, and with a high acceptable level of risk, for
each of the following:
(A) Two overlapping ‘‘swift defeat’’ campaigns.
(B) The Global War on Terrorism.
(C) Baseline security posture operations.
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(D) Homeland defense and civil support operations.
(E) Special operations missions.
(F) Global long-range strike missions.
(G) Strategic nuclear missions.
(b) REPORT.—Not later than February 1, 2007, the Secretary
of Defense shall submit to the congressional defense committees
a report providing the mobility requirements determined pursuant
to subsection (a). As part of the report, the Secretary shall—
(1) set forth each mobility requirement specified in para-
graph (1) or (2) of subsection (a); and
(2) compare those defined mobility requirements to the
Department of Defense’s mobility capability program of record
for intertheater and intratheater airlift and sealift.
(c) MOBILITY CAPABILITIES STUDIES.—For purposes of this sec-
tion:
(1) 2006 MOBILITY CAPABILITIES STUDY.—The term ‘‘2006
Mobility Capabilities Study’’ means the studies conducted by
the Secretary of Defense and the Joint Staff during 2006 as
a follow-on to the 2005 Mobility Capabilities Study.
(2) 2005 MOBILITY CAPABILITIES STUDY.—The term ‘‘2005
Mobility Capabilities Study’’ means the comprehensive Mobility
Capabilities Study completed in December 2005 and conducted
through the Office of Program Analysis and Evaluation of the
Department of Defense to assess mobility needs for all aspects
of the National Defense Strategy.
SEC. 1035. PRESIDENTIAL REPORT ON IMPROVING INTERAGENCY SUP-
PORT FOR UNITED STATES 21ST CENTURY NATIONAL
SECURITY MISSIONS AND INTERAGENCY OPERATIONS IN
SUPPORT OF STABILITY, SECURITY, TRANSITION, AND
RECONSTRUCTION OPERATIONS.
(a) REPORT REQUIRED.—Not later than April 1, 2007, the Presi-
dent shall submit to Congress a report on building interagency
capacity and enhancing the integration of civilian capabilities of
the executive branch with the capabilities of the Armed Forces
to enhance the achievement of United States national security
goals and objectives.
(b) REPORT ELEMENTS.—The report under subsection (a) shall
include the following:
(1) An assessment of the capacity and capabilities required
within the civilian agencies of the United States Government
to achieve the full range of United States national security
goals and objectives, to defend United States national security
interests, and, in particular, to coordinate with the Armed
Forces where deployed, including capacity and capabilities in
at least the following areas:
(A) 
Organizations 
and 
organizational 
structures,
including a description of the roles, responsibilities, and
authorities;
(B) Planning and assessment capabilities;
(C) Information sharing policies, practices, and sys-
tems;
(D) Leadership issues, including command and control
of forces and personnel in the field;
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(E) Personnel policies and systems, including those
pertaining to recruiting, retention, training, education, pro-
motion, awards, employment, deployment, and retirement;
and
(F) Acquisition authorities, including identifying any
economies of scale that could be gained by improved
coordination of acquisition activities and replicating ‘‘best
practices’’, as appropriate.
(2) The criteria and considerations used to evaluate
progress in each of the areas specified in paragraph (1) towards
building interagency capacity and capabilities and integrating
such capabilities across the United States Government to
enhance the achievement of United States national security
goals and objectives.
(3) Recommendations for specific legislative proposals that
would build interagency capacity by—
(A) addressing statutory or budgetary impediments,
if any, to the improvement of interagency cooperation and
coordination in order to carry out the full range of national
security missions (including stability, security, transition,
and reconstruction operations); and
(B) providing means to enhance the integration of
civilian capabilities with the capabilities of deployed ele-
ments of the Armed Forces for each of those national
security missions.
(c) ADDITIONAL REPORT ELEMENTS.—The report under sub-
section (a) shall include a portion dedicated to efforts to address
the near-term need to strengthen interagency operations in support
of stability, security, transition, and reconstruction operations,
including a plan to establish interagency operating procedures for
the departments and agencies of the United States Government
for the planning and conduct of stability, security, transition, and
reconstruction operations. Such plan shall include the following:
(1) A delineation of the roles, responsibilities, and authori-
ties of the departments and agencies of the United States
Government for stability, security, transition, and reconstruc-
tion operations.
(2) A description of operational processes for setting policy
direction for stability, security, transition, and reconstruction
operations in order to guide—
(A) operational planning and funding decisions of those
departments and agencies;
(B) integration of civilian and military planning efforts;
(C) integration of programs and activities into an
implementation plan;
(D) oversight of policy implementation;
(E) provision of guidance to field-level personnel on
program direction and priorities; and
(F) monitoring of field implementation of assistance
programs.
(3) A description of available capabilities and resources
of each department and agency of the United States Govern-
ment that could be used in support of stability, security, transi-
tion, and reconstruction operations and identification of addi-
tional resources needed to support the conduct of such oper-
ations.
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(4) A description of how the capabilities and resources
of the departments and agencies of the United States Govern-
ment will be coordinated to support stability, security, transi-
tion, and reconstruction operations.
(5) A description of existing, or planned, protocols between
departments and agencies of the United States Government
on the utilization and allocation of assets in field operations
that support stability, security, transition, and reconstruction
operations.
(6) Recommendations for improving interagency training,
education, and simulation exercises in order to adequately pre-
pare civilian and military personnel in the departments and
agencies of the United States Government to perform stability,
security, transition, and reconstruction operations.
(7) Guidance for the implementation of the plan.
(d) FORM OF REPORT.—To the maximum extent practicable,
the report shall be unclassified, with a classified annex, if necessary.
Subtitle E—Reports
SEC. 1041. ADDITIONAL ELEMENT IN ANNUAL REPORT ON CHEMICAL
AND BIOLOGICAL WARFARE DEFENSE.
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 integration of
the program of the Defense Advanced Research Projects Agency
(DARPA) on basic and applied research and advanced tech-
nology development on chemical and biological warfare defense
technologies and systems under section 1701(c)(2) with the
overall program of the Department of Defense on chemical
and biological warfare defense, including—
‘‘(A) an assessment of the degree to which the DARPA
program is coordinated and integrated with, and supports
the objectives and requirements of, the overall program
of the Department of Defense; and
‘‘(B) the means by which the Department determines
the level of such coordination and support.’’.
SEC. 1042. REPORT ON BIODEFENSE HUMAN CAPITAL REQUIREMENTS
IN SUPPORT OF BIOSAFETY LABORATORIES.
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct
a study to determine the Department of Defense human capital
requirements for pending capital programs to construct biodefense
laboratories at Biosafety Level (BSL) 3 and Biosafety Level 4 or
to expand current biodefense laboratories to such biosafety levels.
(b) ELEMENTS.—In conducting the study, the Secretary shall
address the following:
(1) The number of trained research and support staff, by
discipline and qualification level, including researchers, labora-
tory technicians, animal handlers, facility managers, facility
or equipment maintainers, biosecurity personnel (including bio-
safety, physical, and electronic security personnel), and other
safety personnel required—
(A) for existing biodefense laboratories at Biosafety
Level 3 and Biosafety Level 4; and
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(B) to manage biodefense research efforts to combat
bioterrorism at the biodefense laboratories described in
subsection (a).
(2) Plans to recruit and retain skilled personnel, in numbers
sufficient to meet requirements described in paragraph (1)(B).
(3) A forecast of the training required to provide the per-
sonnel described by paragraph (1)(B) in time to meet the sched-
uled openings of the biodefense laboratories described in sub-
section (a), including—
(A) the types of training required;
(B) the length of training required; and
(C) the training sources.
(c) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a report setting forth the results of the study conducted under
this section.
SEC. 1043. REPORT ON TECHNOLOGIES FOR NEUTRALIZING OR
DEFEATING THREATS TO MILITARY ROTARY-WING AIR-
CRAFT FROM PORTABLE AIR DEFENSE SYSTEMS AND
ROCKET-PROPELLED GRENADES.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on technologies
for neutralizing or defeating threats to military rotary-wing aircraft
posed by portable air defense systems and rocket-propelled grenades
that are being researched, developed, employed, or considered by
the United States Government or the North Atlantic Treaty
Organization.
(b) CONTENT.—The report under subsection (a) shall include
the following:
(1) An assessment of the expected value and utility of
the technologies referred to in subsection (a), 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 aircraft and their
crews to accomplish assigned missions.
(2) An assessment of the potential costs of developing and
deploying such technologies.
(3) A description of efforts undertaken to develop such
technologies, including—
(A) nonlethal countermeasures;
(B) lasers and other systems designed to dazzle,
impede, or obscure threatening weapons or their users;
(C) direct fire response systems;
(D) directed energy weapons; and
(E) passive and active systems.
(4) A description of any impediment to the development
of such technologies, such as legal restrictions under the law
of war, treaty restrictions under the Protocol on Blinding
Lasers, and political obstacles such as the reluctance of other
allied countries to pursue such technologies.
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PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 1044. REPORTS ON EXPANDED USE OF UNMANNED AERIAL
VEHICLES IN THE NATIONAL AIRSPACE SYSTEM.
(a) FINDINGS.—Congress makes the following findings:
(1) Unmanned aerial vehicles (UAVs) serve Department
of Defense intelligence, surveillance, reconnaissance, and com-
bat missions.
(2) Operational reliability of unmanned aerial systems con-
tinues to improve, and development and fielding of so-called
sense-and-avoid technology should continue in order to provide
unmanned aerial systems with an appropriate level of safety.
(3) Unmanned aerial vehicles have the potential to support
the Nation’s homeland defense mission, border security mission,
and natural disaster recovery efforts.
(b) REPORTS.—
(1) DOD REPORT.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the relevant congressional committees a report on
the actions of the Department of Defense to develop standards
for the testing and operation of unmanned aerial vehicles in
the National Airspace System.
(2) FAA REPORT.—Not later than one year after the date
of the enactment of this Act, the Administrator of the Federal
Aviation Administration shall submit to the relevant congres-
sional committees a report on progress in developing a policy
for testing and a plan for achieving wider access by unmanned
aerial vehicles that are appropriately equipped to operate in
the National Airspace System
(3) RELEVANT CONGRESSIONAL COMMITTEE.—For the pur-
poses of this subsection, the relevant congressional committees
are the following:
(A) The Committee on Armed Services, the Committee
on Commerce, the Committee on Science and Transpor-
tation, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(B) The Committee on Armed Services, the Committee
on Energy and Commerce, the Committee on Government
Reform, and the Committee on Transportation and Infra-
structure of the House of Representatives.
SEC. 1045. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEM-
BERS AND FORMER MEMBERS OF THE ARMED FORCES
TO SERVE IN THE BUREAU OF CUSTOMS AND BORDER
PROTECTION.
(a) REPORT REQUIRED.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Homeland Security
and the Secretary of Defense shall jointly submit to the congres-
sional committees specified in subsection (e) a report assessing
the desirability and feasibility of offering incentives to members
and former members of the Armed Forces described in subsection
(b) for the purpose of encouraging such members to serve in the
Bureau of Customs and Border Protection of the Department of
Homeland Security.
(b) COVERED MEMBERS AND FORMER MEMBERS.—The members
and former members of the Armed Forces to be covered by the
report under subsection (a) are the following:
(1) Members of the reserve components of the Armed
Forces.
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(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 incentives for
purposes of the report required by subsection (a), the Secre-
taries shall consider such incentives as the Secretaries jointly
consider appropriate, whether or not such incentives are mone-
tary or otherwise and whether or not such incentives are
authorized by current law or regulations.
(2) TARGETING OF INCENTIVES.—In assessing any incentive
for purposes of the report, the Secretaries 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
members and former members of the Armed Forces
described in subsection (b) who provided border patrol or
border security assistance to the Bureau as part of their
duties as members of the Armed Forces; and
(B) leveraging military training and experience by
accelerating training, or allowing credit to be applied to
related areas of training, required for service with the
Bureau of Customs and Border Protection.
(3) PAYMENT.—In assessing incentives for purposes of the
report, the Secretaries shall assume that any costs of such
incentives shall be borne by the Department of Homeland Secu-
rity.
(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 report.
(2) An assessment of the desirability and feasibility of
utilizing any such incentive for the purpose specified in sub-
section (a), including an assessment of the particular utility
of such incentive in encouraging service in the Bureau of Cus-
toms and Border Protection after service in the Armed Forces
by members and former members of the Armed Forces described
in subsection (c)(2)(A).
(3) Any other matters that the Secretaries jointly consider
appropriate.
(e) SUBMISSION OF REPORT.—The report required by subsection
(a) shall be submitted to—
(1) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Com-
mittee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Appropriations of
the House of Representatives.
SEC. 1046. 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 INITIATIVES ON
RECRUITMENT AND RETENTION.—
(1) REPEAL.—Section 1015 of title 37, United States Code,
is repealed.
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PUBLIC LAW 109–364—OCT. 17, 2006
(2) CLERICAL AMENDMENT.—The table of sections 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 repealed.
(d) REPORT
ON
PILOT
PROGRAM
TO
ENHANCE
MILITARY
RECRUITING BY IMPROVING MILITARY AWARENESS OF SCHOOL COUN-
SELORS
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–133; 10 U.S.C.
503 note)) is amended by striking subsection (c).
(e) ANNUAL REPORT ON MEDICAL INFORMATICS.—Section 723(d)
of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65; 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.
SEC. 
1047. 
REQUIREMENT 
FOR 
IDENTIFICATION 
OF 
RECENTLY
ENACTED 
RECURRING 
REPORTING 
REQUIREMENTS
APPLICABLE TO THE DEPARTMENT OF DEFENSE.
(a) 
IDENTIFICATION
AND
SUBMITTAL
TO
CONGRESSIONAL
COMMITTEES.—
(1) IN GENERAL.—Not later than March 1, 2007, the Sec-
retary 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 listing of each provision
of law specified in paragraph (2).
(2) COVERED PROVISIONS OF LAW.—Paragraph (1) applies
with respect to any provision of law enacted on or after
November 24, 2003 (the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law
108–136)), and before February 1, 2007, that requires the
submission by the Secretary of Defense or any other official
of the Department of Defense of annual, semiannual, or other
periodic reports to one or more of the congressional defense
committees.
(b) ADDITIONAL MATTER TO BE SUBMITTED.—The Secretary of
Defense shall include with the listing submitted under subsection
(a) the following:
(1) With respect to each provision of law covered by that
subsection, a description of the report requirement under that
provision.
(2) For each such report requirement—
(A) an assessment by the Secretary—
(i) of the burden imposed on the Department of
Defense by the preparation of the report; and
(ii) of the utility of such report from the perspective
of the Department of Defense; and
(B) a recommendation on the advisability of repealing
or modifying the requirement for the submittal of such
report.
(c) DEFINITION.—In this section, the term ‘‘report’’ has the
meaning given that term in section 480(c) of title 10, United States
Code.
Deadline.
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PUBLIC LAW 109–364—OCT. 17, 2006
Subtitle F—Miscellaneous Authorities and
Limitations on Availability and Use of
Funds
SEC. 1051. ACCEPTANCE AND RETENTION OF REIMBURSEMENT FROM
NON-FEDERAL SOURCES TO DEFRAY 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) AUTHORITY
TO
COLLECT
FEES.—(1) The Secretary of
Defense may collect fees from any individual or commercial partici-
pant in a conference, seminar, exhibition, symposium, or similar
meeting conducted by the Department of Defense (in this section
referred to collectively as a ‘conference’).
‘‘(2) The Secretary may provide for the collection of fees under
this section directly or by contract. The fees may be collected
in advance of a conference.
‘‘(b) USE OF COLLECTED FEES.—Amounts collected under sub-
section (a) with respect to a conference shall be credited to the
appropriation or account from which the costs of the conference
are paid and shall be available to pay the costs of the Department
of Defense with respect to the conference or to reimburse the
Department for costs incurred with respect to the conference.
‘‘(c) TREATMENT OF EXCESS AMOUNTS.—In the event the total
amount of fees collected under subsection (a) with respect to a
conference exceeds the actual costs of the Department of Defense
with respect to the conference, the amount of such excess shall
be deposited into the Treasury as miscellaneous receipts.
‘‘(d) ANNUAL REPORTS.—(1) 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 of Defense shall submit
to the congressional defense committees a budget justification docu-
ment summarizing the use of the fee-collection authority provided
by this section.
‘‘(2) Each report shall include the following:
‘‘(A) A list of all conferences conducted during the preceding
two calendar years for which fees were collected under this
section.
‘‘(B) For each conference included on the list under subpara-
graph (A):
‘‘(i) The estimated costs of the Department for the
conference.
‘‘(ii) The actual costs of the Department for the con-
ference, including a separate statement of the amount of
any conference coordinator fees associated with the con-
ference.
‘‘(iii) The amount of fees collected under this section
for the conference.
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‘‘(C) An estimate of the number of conferences to be con-
ducted during the calendar year in which the report is sub-
mitted for which the Department will collect fees under this
section.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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.’’.
SEC. 1052. INCREASED FLEXIBILITY IN USE OF FUNDS FOR JOINT
STAFF EXERCISES.
(a) IN GENERAL.—Amounts available to the Chairman 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 military 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 operation of
prepositioned watercraft and lighterage for joint logistics and
over the shore exercises in connection 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 are in addition to any
other amounts available under law for such expenses.
SEC. 1053. PROHIBITION ON PARKING OF FUNDS.
(a) PROHIBITION.—
(1) IN GENERAL.—Chapter 165 of title 10, United States
Code, is amended by inserting after section 2773a the following
new section:
‘‘§ 2773b. Parking of funds: prohibition; penalties
‘‘(a) PROHIBITION.—An officer or employee of the Department
of Defense may not direct the designation of funds for a particular
purpose in the budget of the President, as submitted to Congress
pursuant to section 1105 of title 31, or the supporting documents
of the Department of Defense component of such budget, with
the knowledge or intent that such funds, if made available to
the Department, will not be used for the purpose for which they
are designated.
‘‘(b) PENALTIES.—The direction of the designation of funds in
violation of the prohibition in subsection (a) shall be treated for
purposes of chapter 13 of title 31 as a violation of section
1341(a)(1)(A) of such title.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 165 of such title is amended by inserting
after the item relating to section 2773a the following new
item:
‘‘2773b. Parking of funds: prohibition; penalties.’’.
(b) EFFECTIVE DATE.—
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120 STAT. 2397
PUBLIC LAW 109–364—OCT. 17, 2006
(1) IN
GENERAL.—The amendments made by subsection
(a) shall take effect on the date that is 31 days after the
date of the enactment of this Act.
(2) MODIFICATION
OF
CERTAIN
POLICIES
AND
REGULA-
TIONS.—Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall modify the policies
and regulations of the Department of Defense regarding the
preparation and submittal to Congress of budget materials
for the Department of Defense to take into account section
2773b of title 10, United States Code, as added by subsection
(a).
SEC. 1054. MODIFICATION OF AUTHORITIES RELATING TO THE SPE-
CIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.
(a) DUTIES.—For purposes of carrying out the duties of the
Special Inspector General for Iraq Reconstruction under section
3001(f) of the Emergency Supplemental Appropriations Act for
Defense and for the Reconstruction of Iraq and Afghanistan, 2004
(Public Law 108–106; 117 Stat. 1235 et seq.; 5 U.S.C. App., note
to section 8G of Public Law 95–452), any United States funds
appropriated or otherwise made available for fiscal year 2006 for
the reconstruction of Iraq, irrespective of the designation of such
funds, shall be deemed to be amounts appropriated or otherwise
made available to the Iraq Relief and Reconstruction Fund.
(b) TERMINATION.—Section 3001(o) of the Emergency Supple-
mental Appropriations Act for Defense and for the Reconstruction
of Iraq and Afghanistan, 2004 (Public Law 108–106; 117 Stat.
1238; 5 U.S.C. App., note to section 8G of Public Law 95–452)
is amended to read as follows:
‘‘(o) TERMINATION.—The Office of the Inspector General shall
terminate on October 1, 2007, with transition operations authorized
to continue through December 31, 2007.’’.
Subtitle G—Matters Involving Detainees
SEC. 1061. PROVISION OF INFORMATION TO CONGRESS ON CERTAIN
CRIMINAL 
INVESTIGATIONS 
AND 
PROSECUTIONS
INVOLVING DETAINEES.
(a) ANNUAL REPORT.—Subsection (c) of section 1093 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108–375; 118 Stat. 2070) is amended—
(1) in paragraph (1), by inserting ‘‘, or any prosecution
on account of,’’ after ‘‘Notice of any investigation into’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) For each investigation or prosecution described in para-
graph (1) with respect to which notice is included in the report—
‘‘(A) a detailed and comprehensive description of such
investigation or prosecution and any resulting judicial or
nonjudicial punishment or other disciplinary action; and
‘‘(B) if the individual receiving the punishment or dis-
ciplinary action is a member of the Armed Forces, the
grade of that individual (i) as of the time of the incident
resulting in the investigation or prosecution, (ii) as of the
beginning of the investigation or prosecution, and (iii) as
of the submission of the report.’’.
Deadline.
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(b) TIMELY SUBMISSION OF COVERED INFORMATION.—Such sec-
tion is further amended by adding at the end the following new
subsection:
‘‘(f) ADDITIONAL REPORTING.—In addition to the annual report
under subsection (c), the Secretary of Defense shall submit to the
committees named in that subsection regular and timely reports
on the matters described in paragraphs (1) and (3) of that sub-
section.’’.
Subtitle H—Other Matters
SEC. 1071. TECHNICAL AND CLERICAL AMENDMENTS.
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States
Code, is amended as follows:
(1) Section 115 is amended—
(A) by striking the second subsection (i) (added by
section 512(b) of Public Law 108–375 (118 Stat. 1880));
and
(B) by adding at the end of subsection (i) the following
new paragraph:
‘‘(13) Members of the National Guard on full-time National
Guard duty involuntarily and performing homeland defense
activities under chapter 9 of title 32.’’.
(2) Sections 133(c)(1), 2225(f)(1), 2302c(b), 2304(f)(1)(B)(iii),
2359a(i), and 2382(c)(3)(A) are amended by striking ‘‘section
16(3) of the Office of Federal Procurement Policy Act (41 U.S.C.
414(3))’’ and inserting ‘‘section 16(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 414(c))’’.
(3) Section 426(a)(1)(B) is amended by striking ‘‘coordiation’’
and inserting ‘‘coordination’’.
(4) Section 843(b)(2) is amended—
(A) in subparagraph (B)(iii), by striking ‘‘article 126’’
and inserting ‘‘article 125’’; and
(B) in subparagraph (C), by striking ‘‘under chapter
110 or 117, or under section 1591, of title 18’’ and inserting
‘‘under chapter 110 or 117 of title 18 or under section
1591 of that title’’.
(5) Section 1107a(a) is amended—
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively; and
(B) in paragraph (2), as so redesignated, by striking
‘‘subparagraph (A)’’ and inserting ‘‘paragraph (1)’’.
(6) Section 1217(a) is amended by striking ‘‘the date of’’
and all that follows and inserting ‘‘October 28, 2004.’’.
(7) Section 1406(i)(3)(B)(vi) is amended by striking ‘‘Advisor
for’’ and inserting ‘‘Advisor to’’.
(8) Section 1448(d)(6)(A) is amended by striking the second
comma after ‘‘November 23, 2003’’.
(9) Section 2006(b)(1) is amended—
(A) by inserting ‘‘of this title’’ after ‘‘and 1607’’; and
(B) by striking ‘‘of this title’’ before the period at the
end.
(10) Section 2103a(b) is amended in the subsection heading
by striking ‘‘ELIGIBILTY’’ and inserting ‘‘ELIGIBILITY’’.
(11) Section 2105 is amended by adding a period at the
end of the last sentence.
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PUBLIC LAW 109–364—OCT. 17, 2006
(12) The item relating to section 2152 in the table of
sections at the beginning of chapter 107 is amended to read
as follows:
‘‘2152. Joint professional military education: general requirements.’’.
(13) The heading for section 2155, and the item relating
to that section in the table of sections at the beginning of
chapter 107, are amended by capitalizing the first letter of
the fifth word.
(14) Section 2155(a) is amended in the subsection heading
by inserting ‘‘PHASE’’ after ‘‘EDUCATION’’.
(15) Section 2157 is amended by striking ‘‘phase II’’ in
paragraph (1) and inserting ‘‘Phase II’’.
(16) Section 2216(b)(1) is amended by striking ‘‘subsections’’
and inserting ‘‘subsection’’.
(17) The heading for section 2440 is amended so that
the first letter of each word after the first is lower case.
(18) The item relating to section 2481 in the table of
sections at the beginning of subchapter I of chapter 147 is
amended by adding a period at the end.
(19)(A) The second section 2613 (added by section 1051(a)
of Public Law 108–375 (118 Stat. 2053)) is redesignated as
section 2614 and is amended by redesignating the second sub-
section (c) as subsection (d).
(B) The item relating to such section in the table of sections
at the beginning of chapter 155 is revised to reflect the
redesignation of such section by subparagraph (A).
(20) Section 2613(b) is amended by striking ‘‘In the’’ and
inserting ‘‘In this’’.
(21) Section 2692(b)(9) is amended by striking ‘‘materiel’’
and inserting ‘‘material’’.
(22) Section 2694a(c) is amended in the subsection heading
by striking ‘‘REVISIONARY’’ and inserting ‘‘REVERSIONARY’’.
(23) Section 2703(h) is amended by striking ‘‘subsection’’
in the first sentence and inserting ‘‘section’’.
(24) Section 2722(c)(2) is amended by striking ‘‘section 921’’
and inserting ‘‘section 921(a)’’.
(25) Section 2784a(a)(2) is amended by striking ‘‘care’’ and
inserting ‘‘card’’.
(26) 
Section 
2831(f)(2) 
is 
amended 
by 
striking
‘‘enviromental’’ and inserting ‘‘environmental’’.
(27) Section 3911(b) is amended—
(A) in paragraph (1), by striking the second comma
after ‘‘paragraph (2)’’; and
(B) in paragraph (2), by striking ‘‘the date of the enact-
ment of the National Defense Authorization Act for Fiscal
Year 2006’’ and inserting ‘‘January 6, 2006,’’.
(28) Section 4342(a)(9) is amended by striking ‘‘cadet’’ and
inserting ‘‘cadets’’.
(29) Section 4544(d) is amended in the subsection heading
by striking ‘‘ARANGEMENT’’ and inserting ‘‘ARRANGEMENT’’.
(30) Section 4687(c) is amended by striking ‘‘section
921(10)’’ and inserting ‘‘section 921(a)(10)’’.
(31) The item relating to section 6086 in the table of
sections at the beginning of chapter 557 is amended by striking
the semicolon and inserting a colon.
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(32) The table of sections at the beginning of chapter 561
is amended—
(A) in the item relating to section 6154, by striking
the semicolon and inserting a colon; and
(B) by striking the item relating to section 6161 and
inserting the following:
‘‘6161. Settlement of accounts: remission or cancellation of indebtedness of mem-
bers.’’.
(33) Section 6323(a)(2) is amended—
(A) in subparagraph (A), by striking the second comma
after ‘‘subparagraph (B)’’; and
(B) in subparagraph (B), by striking ‘‘the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2006’’ and inserting ‘‘January 6, 2006,’’.
(34) The item relating to section 6965 in the table of
sections at the beginning of chapter 603 is amended by striking
the semicolon and inserting a colon.
(35) The item relating to section 7081 in the table of
sections at the beginning of chapter 607 is amended by striking
the first semicolon and inserting a colon.
(36) Section 7306b(b)(1) is amended by striking ‘‘section
2(14)’’ and inserting ‘‘section 3(14)’’.
(37) Section 8911(b) is amended—
(A) in paragraph (1), by striking the second comma
after ‘‘paragraph (2)’’; and
(B) in paragraph (2), by striking ‘‘the date of the enact-
ment of the National Defense Authorization Act for Fiscal
Year 2006’’ and inserting ‘‘January 6, 2006,’’.
(38) Section 9342(a)(9) is amended by striking ‘‘cadet’’ and
inserting ‘‘cadets’’.
(39) Section 9355(c)(1) is amended by striking ‘‘board’’ and
inserting ‘‘Board’’.
(40) Section 12731(a)(3) is amended by striking ‘‘before
the end of the 180-day period beginning on the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2005’’ and inserting ‘‘before April 25, 2005’’.
(41) Section 12741 is amended by striking ‘‘under sub-
section (b)’’ in subsections (c) and (d) and inserting ‘‘under
subsection (a)’’.
(42) Section 18233(f)(2) is amended by striking the comma
after ‘‘purchase’’.
(b) TITLE 32, UNITED STATES CODE.—Title 32, United States
Code, is amended as follows:
(1) Section 902 is amended by striking ‘‘(a)’’ before ‘‘The
Secretary’’.
(2) Section 908(b)(1) is amended by striking ‘‘subsection
(i)’’ and inserting ‘‘subsection (i)(13)’’.
(c) TITLE 37, UNITED STATES CODE.—Title 37, United States
Code, is amended as follows:
(1) Section 210(c)(6) is amended by striking ‘‘Advisor for’’
and inserting ‘‘Advisor to’’.
(2) Section 301(f)(2)(C) is amended by striking the comma
after ‘‘the term’’.
(3) Section 308g(f) is amended by striking the second period
at the end.
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(4) Section 308j is amended by striking subsection (g) and
inserting the following new subsection:
‘‘(g) REPAYMENT.—A person who enters into an agreement
under this section and receives all or part of the bonus under
the agreement, but who does not accept a commission or an appoint-
ment as an officer or does not commence to participate or does
not satisfactorily participate in the Selected Reserve for the total
period of service specified in the agreement, shall be subject to
the repayment provisions of section 303a(e) of this title.’’.
(5) The table of sections at the beginning of chapter 7
is amended—
(A) by striking the item relating to section 407 and
inserting the following:
‘‘407. Travel and transportation allowances: dislocation allowance.’’; and
(B) by striking the item relating to section 425 and
inserting the following:
‘‘425. United States Navy Band; United States Marine Corps Band: allowances
while on concert tour.’’.
(6) Section 402a(b)(3)(B) is amended by striking ‘‘section
310 of this section’’ and inserting ‘‘section 310 of this title’’.
(7) Section 414(c) is amended by striking ‘‘, or the Senior
Enlisted Advisor for the Chairman of the Joint Chiefs of Staff’’
before the period at the end.
(8) The heading of section 1010 is amended to read as
follows:
‘‘§ 1010. Commissioned officers: promotions; effective date for
pay and allowances’’.
(d) PUBLIC LAW 109–272.—Effective as of August 14, 2006,
and as if included therein as enacted, section 2(a) of Public Law
109–272 (120 Stat. 770; 16 U.S.C. 431 note) is amended by striking
‘‘division E’’ and inserting ‘‘division J’’.
(e) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2006.—Effective as of January 6, 2006, and as if included therein
as enacted, the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109–163) is amended as follows:
(1) Section 341(e) (119 Stat. 3199) is amended by striking
‘‘(a)(1)(E)’’ and inserting ‘‘(a)(1)(F)’’.
(2) Section 545(b) (119 Stat. 3254) is amended by striking
‘‘title’’.
(3) Section 606(a) (119 Stat. 3287; 37 U.S.C. 211 note)
is amended by striking ‘‘title 10’’ and inserting ‘‘title 37’’.
(4) Section 608(b) (119 Stat. 3289) is amended—
(A) in paragraph (1), by striking ‘‘the first sentence’’
and inserting ‘‘the second sentence’’; and
(B) in paragraph (2), by striking ‘‘the second sentence’’
and inserting ‘‘the third sentence’’.
(5) Section 685(a) (119 Stat. 3325) is amended by striking
‘‘Advisor for’’ both places it appears and inserting ‘‘Advisor
to’’.
(6) Section 687(a)(2) (119 Stat. 3327) is amended by striking
‘‘subsection (a)’’ and inserting ‘‘subsection (e)’’.
(7) Section 687(b)(15) (119 Stat. 3330) is amended—
(A) by striking ‘‘Subsection (d)’’ and inserting ‘‘Sub-
section (e)’’; and
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(B) in the matter inserted by that section, by striking
‘‘(d) REPAYMENT.—’’ and inserting ‘‘(e) REPAYMENT.—’’.
(8) Section 740(c) (119 Stat. 3359; 10 U.S.C. 1073 note)
is amended by inserting ‘‘include’’ after ‘‘shall’’.
(f) RECONCILIATION OF DUPLICATE ENACTMENTS.—
(1) In executing to section 2554 of title 10, United States
Code, the identical amendments made by section 8126(c)(2)
of Public Law 109–148 (119 Stat. 2729) and section 1058(c)
of Public Law 109–163 (119 Stat. 3443), such amendments
shall be executed so as to appear only once in the law as
amended.
(2) In executing to section 109 of the Housing and Commu-
nity Development Act of 1974 the identical amendments made
by section 8126(d) of Public Law 109–148 (119 Stat. 2730)
and section 1058(d) of Public Law 109–163 (119 Stat. 3443),
such amendments shall be executed so as to appear only once
in the law as amended.
(3) Section 8126 of Public Law 109–148 (119 Stat. 2728)
is repealed.
(g) RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION
ACT
FOR FISCAL YEAR 2005.—Effective as of October 28, 2004,
and as if included therein as enacted, the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108–375) is amended as follows:
(1) Section 416 is amended—
(A) in subsection (a)(1) (118 Stat. 1866), by inserting
‘‘the second place it appears’’ before the semicolon at the
end; and
(B) in subsection (g)(1) (118 Stat. 1868), by inserting
open quotation marks before ‘‘(1) Reserve’’.
(2) Subsections (a)(2), (b)(2), and (c)(2) of section 544 (118
Stat. 1906) are amended by striking ‘‘such title’’ and inserting
‘‘such chapter’’.
(3) Section 554(1) (118 Stat. 1913) is amended by inserting
‘‘of’’ in the quoted matter after ‘‘a period’’.
(4) Section 593(a) (118 Stat. 1934; 10 U.S.C. 503 note)
is amended in the subsection heading by striking ‘‘SCREEING’’
and inserting ‘‘SCREENING’’.
(5) Section 645 (118 Stat. 1962; 10 U.S.C. 1448 note) is
amended by redesignating the last subsection (relating to defini-
tions) as subsection (j).
(6) Section 651(a)(5)(C) (118 Stat. 1966) is amended by
striking ‘‘subsection (f)’’ and inserting ‘‘subsection (e)’’.
(7) Section 726(b)(1) (118 Stat. 1992) is amended by striking
‘‘(1)’’ in the second quoted matter.
(8) Section 731 (118 Stat. 1993; 10 U.S.C. 1074 note) is
amended by striking ‘‘this title’’ each place it appears in sub-
sections (a), (b)(3)(C), and (c)(1)(A) and inserting ‘‘this subtitle’’.
(9) Section 733(b)(2) (118 Stat. 1998; 10 U.S.C. 1074f note)
is amended by striking ‘‘section 1301’’ and inserting ‘‘section
731(b)’’.
(10) Section 801(b)(2)(A) (118 Stat. 2004) is amended—
(A) by striking ‘‘(7), (8), and (9)’’ and inserting ‘‘(7)
and (8)’’; and
(B) by striking ‘‘(8), (9), and (10)’’ and inserting ‘‘(8)
and (9)’’.
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(11) Section 818(b) (118 Stat. 2016) is amended by inserting
‘‘of subsection (b)’’ after ‘‘Paragraph (3)’’.
(12) Section 1103(a)(1) (118 Stat. 2072) is amended by
inserting ‘‘basic’’ after ‘‘rates of’’ in the first quoted matter.
(13) Section 1203(e)(2)(B) (118 Stat. 2079) is amended by
inserting ‘‘office’’ after ‘‘and field’’ in the first quoted matter.
(h) BOB STUMP NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2003.—Section 806(d) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302
note) is amended in the subsection heading by striking ‘‘STATUES’’
and inserting ‘‘STATUTES’’.
(i) COORDINATION WITH OTHER AMENDMENTS.—For purposes
of applying amendments made by provisions of this Act other than
provisions of this section, this section shall be treated as having
been enacted immediately before the other provisions of this Act.
SEC. 1072. REVISION TO AUTHORITIES RELATING TO COMMISSION ON
THE IMPLEMENTATION OF THE NEW STRATEGIC POS-
TURE OF THE UNITED STATES.
Section 1051 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3431) is amended—
(1) in subsection (c)(1), by striking ‘‘June 30, 2007’’ and
inserting ‘‘September 30, 2007’’; and
(2) in subsection (f), by striking ‘‘July 30, 2007’’ and
inserting ‘‘November 30, 2007’’.
SEC. 1073. REVISED DEADLINE FOR SUBMISSION OF FINAL REPORT
OF EMP COMMISSION.
Section 1403(a) 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–346), as amended by section
1052(f) of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109–163; 119 Stat. 3434), is amended by striking
‘‘June 30, 2007’’ and inserting ‘‘September 30, 2007’’.
SEC. 1074. EXTENSION OF RETURNING WORKER EXEMPTION TO H–
2B NUMERICAL LIMITATION.
(a) IN GENERAL.—Section 214(g)(9) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(9)) is amended—
(1) by amending the first sentence of subparagraph (A)
to read as follows: ‘‘Subject to subparagraphs (B) and (C),
an alien who has already been counted toward the numerical
limitation of paragraph (1)(B) during fiscal year 2004, 2005,
or 2006 shall not again be counted toward such limitation
during fiscal year 2007.’’; and
(2) in subparagraph (B), by striking ‘‘referred to in subpara-
graph (A)’’ and inserting ‘‘to admit or otherwise provide status
under section 101(a)(15)(H)(ii)(b)’’.
(b) DELETION OF PRIOR SUNSET PROVISION.—Section 402(b)(1)
of the Save Our Small and Seasonal Businesses Act of 2005 (title
IV of division B of Public Law 109–13; 119 Stat. 318; 8 U.S.C.
1184 note) is amended by striking ‘‘2004,’’ and all that follows
through the period at the end and inserting ‘‘2004.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 2006. If this section is enacted
after October 1, 2006, the amendments made by this section shall
take effect as if enacted on such date.
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SEC. 1075. PATENT TERM EXTENSIONS FOR THE BADGES OF THE
AMERICAN LEGION, THE AMERICAN LEGION WOMEN’S
AUXILIARY, AND THE SONS OF THE AMERICAN LEGION.
(a) PATENT TERM EXTENSION FOR THE BADGE OF THE AMERICAN
LEGION.—The term of the design patent numbered 54,296 (for the
badge of the American Legion) is renewed and extended for a
period of 14 years beginning on the date of enactment of this
Act, with all the rights and privileges pertaining to such patent.
(b) PATENT TERM EXTENSION FOR THE BADGE OF THE AMERICAN
LEGION WOMEN’S AUXILIARY.—The term of the design patent num-
bered 55,398 (for the badge of the American Legion Women’s Auxil-
iary) is renewed and extended for a period of 14 years beginning
on the date of enactment of this Act, with all the rights and
privileges pertaining to such patent.
(c) PATENT TERM EXTENSION FOR THE BADGE OF THE SONS
OF THE AMERICAN LEGION.—The term of the design patent num-
bered 92,187 (for the badge of the Sons of the American Legion)
is renewed and extended for a period of 14 years beginning on
the date of enactment of this Act, with all the rights and privileges
pertaining to such patent.
SEC. 1076. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMER-
GENCIES.
(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 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 disaster, epidemic, or
other serious public health emergency, 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 described in
paragraph (2); or
‘‘(B) suppress, in a State, any insurrection, domestic
violence, unlawful combination, or conspiracy if such insurrec-
tion, violation, combination, or conspiracy results in a condition
described in paragraph (2).
‘‘(2) A condition described in this paragraph is a condition
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, 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
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‘‘(B) opposes or obstructs the execution of the laws of the
United States or impedes the course of justice under those
laws.
‘‘(3) In any situation covered by paragraph (1)(B), the State
shall be considered to have denied the equal protection of the
laws secured by the Constitution.
‘‘(b) NOTICE TO CONGRESS.—The President shall notify Congress
of the determination to exercise the authority in subsection (a)(1)(A)
as soon as practicable after the determination and every 14 days
thereafter during the duration of the exercise of that authority.’’.
(2) PROCLAMATION TO DISPERSE.—Section 334 of such title
is amended by inserting ‘‘or those obstructing the enforcement
of the laws’’ after ‘‘insurgents’’.
(3) HEADING AMENDMENT.—The heading of chapter 15 of
such title is amended to read as follows:
‘‘CHAPTER 15—ENFORCEMENT OF THE LAWS TO
RESTORE PUBLIC ORDER’’.
(4) CLERICAL
AMENDMENTS.—(A) The tables 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 following 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 following new item:
‘‘333. Major public emergencies; interference with State and Federal law.’’.
(b) PROVISION OF SUPPLIES, SERVICES, AND EQUIPMENT.—
(1) IN GENERAL.—Chapter 152 of such title is amended
by adding at the end the following new section:
‘‘§ 2567. Supplies, services, and equipment: provision 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.
‘‘(b) COVERED SUPPLIES, SERVICES, AND EQUIPMENT.—The sup-
plies, services, and equipment provided under this section may
include food, water, utilities, bedding, transportation, tentage,
search and rescue, medical care, minor repairs, the removal of
debris, and other assistance necessary for the immediate preserva-
tion of life and property.
‘‘(c) LIMITATIONS.—(1) Supplies, services, and equipment may
be provided under this section—
‘‘(A) only to the extent that the constituted authorities
of the State or possession concerned are unable to provide
such supplies, services, and equipment, as the case may be;
and
‘‘(B) only until such authorities, or other departments or
agencies of the United States charged with the provision of
such supplies, services, and equipment, are able to provide
such supplies, services, and equipment.
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‘‘(2) The Secretary may provide supplies, services, and equip-
ment under this section only to the extent that the Secretary
determines that doing so will not interfere with military prepared-
ness or ongoing military operations or functions.
‘‘(d) INAPPLICABILITY OF CERTAIN AUTHORITIES.—The provision
of supplies, services, or equipment under this 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 sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘2567. Supplies, services, and equipment: provision in major public emergencies’’.
(c) CONFORMING AMENDMENT.—Section 12304(c)(1) of such title
is amended by striking ‘‘No unit’’ and all that follows through
‘‘subsection (b),’’ and inserting ‘‘Except to perform any of the func-
tions authorized by chapter 15 or section 12406 of this title or
by subsection (b), no unit or member of a reserve component may
be ordered to active duty under this section’’.
SEC. 1077. INCREASED HUNTING AND FISHING OPPORTUNITIES FOR
MEMBERS OF THE ARMED FORCES, RETIRED MEMBERS,
AND DISABLED VETERANS.
(a) ACCESS FOR MEMBERS, RETIRED MEMBERS, AND DISABLED
VETERANS.—Consistent with section 2671 of title 10, United States
Code, and using such funds as are made available for this purpose,
the Secretary of Defense shall ensure that members of the Armed
Forces, retired members, disabled veterans, and persons assisting
disabled veterans are able to utilize lands under the jurisdiction
of the Department of Defense that are available for hunting or
fishing.
(b) ASSESSMENT.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to Congress
a report containing the results of an assessment of those lands
under the jurisdiction of the Department of Defense and suitable
for hunting or fishing and describing the actions necessary—
(1) to further increase the acreage made available to mem-
bers of the Armed Forces, retired members, disabled veterans,
and persons assisting disabled veterans for hunting and fishing;
and
(2) to make that acreage more accessible to disabled vet-
erans.
(c) RECREATIONAL ACTIVITIES
ON SANTA ROSA ISLAND.—The
Secretary of the Interior shall immediately cease the plan, approved
in the settlement agreement for case number 96–7412 WJR and
case number 97–4098 WJR, to exterminate the deer and elk on
Santa Rosa Island, Channel Islands, California, by helicopter and
shall not exterminate or nearly exterminate the deer and elk.
TITLE XI—CIVILIAN PERSONNEL
MATTERS
Sec. 1101. Accrual of annual leave for members of the uniformed services per-
forming dual employment.
Sec. 1102. Strategy for improving the senior management, functional, and technical
workforce of the Department of Defense.
California.
Reports.
Deadline.
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Sec. 1103. Three-year extension of authority for experimental personnel manage-
ment program for scientific and technical personnel.
Sec. 1104. Reports on members of the Armed Forces and civilian employees of the
Department of Defense serving in the legislative branch.
Sec. 1105. Extension of authority to waive annual limitation on total compensation
paid to Federal civilian employees.
SEC. 1101. ACCRUAL OF ANNUAL LEAVE FOR MEMBERS OF THE UNI-
FORMED SERVICES PERFORMING DUAL EMPLOYMENT.
Section 5534a of title 5, United States Code, is amended by
adding at the end the following new sentence: ‘‘Such a member
also is entitled to accrue annual leave with pay in the manner
specified in section 6303(a) of this title for a retired member of
a uniformed service.’’.
SEC. 1102. STRATEGY FOR IMPROVING THE SENIOR MANAGEMENT,
FUNCTIONAL, AND TECHNICAL WORKFORCE OF THE
DEPARTMENT OF DEFENSE.
(a) INCLUSION
IN 2007 STRATEGIC HUMAN CAPITAL PLAN.—
The Secretary of Defense shall include in the March 1, 2007, stra-
tegic human capital plan required by section 1122(c) of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109–
163; 119 Stat. 3453; 10 U.S.C. prec. 1580 note) a strategic plan
to shape and improve the senior management, functional, and tech-
nical workforce (including scientists and engineers) of the Depart-
ment of Defense.
(b) SCOPE OF PLAN.—The strategic plan required by subsection
(a) shall cover, at a minimum, the following categories of Depart-
ment of Defense civilian personnel:
(1) Appointees in the Senior Executive Service under sec-
tion 3131 of title 5, United States Code.
(2) Persons serving in positions described in section 5376(a)
of title 5, United States Code.
(3) Highly qualified experts appointed pursuant to section
9903 of title 5, United States Code.
(4) Scientists and engineers appointed pursuant to section
342(b) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103–337; 108 Stat. 2721), as amended
by section 1114 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–315)).
(5) Scientists and engineers appointed pursuant to section
1101 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (5 U.S.C. 3104 note).
(6) Persons serving in the Defense Intelligence Senior
Executive Service under section 1606 of title 10, United States
Code.
(7) Persons serving in Intelligence Senior Level positions
under section 1607 of title 10, United States Code.
(c) CONTENTS OF PLAN.—The strategic plan required by sub-
section (a) shall include—
(1) an assessment of—
(A) the needs of the Department of Defense for senior
management, functional, and technical personnel (including
scientists and engineers) in light of recent trends and pro-
jected changes in the mission and organization of the
Department and in light of staff support needed to accom-
plish that mission;
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(B) the capability of the existing civilian employee
workforce of the Department to meet requirements relating
to the mission of the Department, including the impact
on that capability of projected trends in the senior manage-
ment, functional, and technical personnel workforce of the
Department based on expected losses due to retirement
and other attrition; and
(C) gaps in the existing or projected civilian employee
workforce of the Department that should be addressed
to ensure that the Department has continued access to
the senior management, functional, and technical personnel
(including scientists and engineers) it needs; and
(2) a plan of action for developing and reshaping the senior
management, functional, and technical workforce of the Depart-
ment to address the gaps identified under paragraph (1)(C),
including—
(A) any legislative or administrative action that may
be needed to adjust the requirements applicable to any
category of civilian personnel identified in subsection (b)
or to establish a new category of senior management or
technical personnel;
(B) any changes in the number of personnel authorized
in any category of personnel identified in subsection (b)
that may be needed to address such gaps and effectively
meet the needs of the Department;
(C) any changes in the rates or methods of pay for
any category of personnel identified in subsection (b) that
may be needed to address inequities and ensure that the
Department has full access to appropriately qualified per-
sonnel to address such gaps and meet the needs of the
Department;
(D) specific recruiting and retention goals, including
the program objectives of the Department to be achieved
through such goals;
(E) 
specific 
strategies 
for 
developing, 
training,
deploying, compensating, motivating, and designing career
paths and career opportunities for the senior management,
functional, and technical workforce of the Department,
including the program objectives of the Department to be
achieved through such strategies; and
(F) specific steps that the Department has taken or
plans to take to ensure that the senior management, func-
tional, and technical workforce of the Department is man-
aged in compliance with the requirements of section 129
of title 10, United States Code.
SEC. 1103. THREE-YEAR EXTENSION OF AUTHORITY FOR EXPERI-
MENTAL PERSONNEL MANAGEMENT PROGRAM FOR SCI-
ENTIFIC AND TECHNICAL PERSONNEL.
Section 1101(e)(1) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) is
amended by striking ‘‘September 30, 2008’’ and inserting ‘‘Sep-
tember 30, 2011’’.
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PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 1104. REPORTS ON MEMBERS OF THE ARMED FORCES AND
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE
SERVING IN THE LEGISLATIVE BRANCH.
(a) QUARTERLY REPORTS ON DETAILS AND FELLOWSHIPS OF LONG
DURATION.—Not later than 120 days after the date of the enactment
of this Act, and quarterly thereafter, the Secretary of Defense
shall submit to the congressional 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 continuously in the Legislative Branch for more than 12
consecutive months in one or a combination of covered legislative
details or fellowships.
(b) REPORTS
ON CERTAIN MILITARY DETAILS
AND FELLOW-
SHIPS.—If a member of the Armed Forces is assigned to a covered
legislative detail or fellowship as the last tour of duty of such
member before retirement or separation from the Armed Forces
in contravention of the regulations 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 legisla-
tive 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 subsection (a) or
(b) shall set forth, for each member of the Armed Forces or civilian
employee of the Department 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 assigned.
(4) A general description of the projects or tasks undertaken
or to be undertaken, as applicable, by such member or employee
as a detailee, fellow, or both.
(5) The anticipated termination date of the current detail
or fellowship of such member or employee.
(d) COVERED LEGISLATIVE DETAIL OR FELLOWSHIP DEFINED.—
In this section, the term ‘‘covered legislative detail or fellowship’’
means the following:
(1) A detail under the provisions of Department of Defense
Directive 1000.17.
(2) A legislative fellowship (including a legislative fellow-
ship under the provisions of Department of Defense Directive
1322.6).
SEC. 1105. EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON TOTAL COMPENSATION PAID TO FEDERAL CIVILIAN
EMPLOYEES.
Section 1105 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3450) is amended—
(1) in subsection (a), by inserting ‘‘and 2007’’ after ‘‘2006’’;
and
(2) in subsection (b)—
(A) by striking ‘‘$200,000’’ in the heading; and
(B) by striking ‘‘a calendar year’’ and inserting ‘‘2006
and $212,100 in 2007’’.
10 USC note
prec. 711.
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PUBLIC LAW 109–364—OCT. 17, 2006
TITLE XII—MATTERS RELATING TO
FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Logistic support for allied forces participating in combined operations.
Sec. 1202. Temporary authority to use acquisition and cross-servicing agreements
to lend certain military equipment to foreign forces in Iraq and Afghani-
stan for personnel protection and survivability.
Sec. 1203. Recodification and revision to law relating to Department of Defense hu-
manitarian demining assistance.
Sec. 1204. Enhancements to Regional Defense Combating Terrorism Fellowship
Program.
Sec. 1205. Participation of the Department of Defense in multinational military
centers of excellence.
Sec. 1206. Modification and extension of authorities relating to program to build
the capacity of foreign military forces.
Sec. 1207. Authority for distribution to certain foreign personnel of education and
training materials and information technology to enhance military inter-
operability.
Subtitle B—Nonproliferation Matters and Countries of Concern
Sec. 1211. North Korea.
Sec. 1212. Report on participation of multinational partners in the United Nations
Command in the Republic of Korea.
Sec. 1213. Intelligence on Iran.
Sec. 1214. Sense of Congress on United States policy on the nuclear programs of
Iran.
Subtitle C—Other Matters
Sec. 1221. Exclusion of petroleum, oil, and lubricants from limitations on annual
amount of liabilities the United States may accrue under acquisition
and cross-servicing agreements.
Sec. 1222. Modification 
of 
limitations 
on 
assistance 
under 
the 
American
Servicemembers’ Protection Act of 2002.
Sec. 1223. Humanitarian support for Iraqi children in urgent need of medical care.
Sec. 1224. Sense of Congress opposing the granting of amnesty by the government
of Iraq to persons known to have attacked, killed, or wounded members
of the United States Armed Forces in Iraq.
Sec. 1225. Annual reports on United States contributions to the United Nations.
Sec. 1226. Comprehensive regional strategy and annual reports on Somalia.
Sec. 1227. Report on the implementation of the Darfur Peace Agreement.
Sec. 1228. Sense of Congress concerning cooperation with Russia on issues per-
taining to missile defense.
Sec. 1229. Sense of Congress calling for convening of a summit for a comprehensive
political agreement for Iraq.
Sec. 1230. Sense of Congress on the commendable actions of the Armed Forces in
Iraq.
Sec. 1231. Annual report on foreign sales of significant military equipment manu-
factured in the United States.
Subtitle A—Assistance and Training
SEC. 1201. LOGISTIC SUPPORT FOR ALLIED FORCES PARTICIPATING
IN COMBINED OPERATIONS.
(a) AUTHORITY.—Chapter 3 of title 10, United States Code,
is amended by inserting after section 127b the following new section:
‘‘§ 127c. Allied forces participating in combined operations:
authority to provide logistic support, supplies,
and services
‘‘(a) AUTHORITY.—Subject to subsections (b) and (c), the Sec-
retary of Defense may provide logistic support, supplies, and serv-
ices to allied forces participating in a combined operation with
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120 STAT. 2411
PUBLIC LAW 109–364—OCT. 17, 2006
the armed forces. Provision of such support, supplies, and services
to the forces of an allied nation may be made only with the concur-
rence of the Secretary of State.
‘‘(b) LIMITATIONS.—(1) The authority provided by subsection
(a) may be used only in accordance with the Arms Export Control
Act and other export control laws of the United States.
‘‘(2) The authority provided by subsection (a) may be used
only for a combined operation—
‘‘(A) that is carried out during active hostilities or as part
of a contingency operation or a noncombat operation (including
an operation in support of the provision of humanitarian or
foreign disaster assistance, a country stabilization operation,
or a peacekeeping operation under chapter VI or VII of the
Charter of the United Nations); and
‘‘(B) in a case in which the Secretary of Defense determines
that the allied forces to be provided logistic support, supplies,
and services—
‘‘(i) are essential to the success of the combined oper-
ation; and
‘‘(ii) would not be able to participate in the combined
operation but for the provision of such logistic support,
supplies, and services by the Secretary.
‘‘(c) LIMITATIONS ON VALUE.—(1) Except as provided in para-
graph (2), the value of logistic support, supplies, and services pro-
vided under this section in any fiscal year may not exceed
$100,000,000.
‘‘(2) In addition to any logistic support, supplies, and services
provided under subsection (a) that are covered by paragraph (1),
the value of logistic support, supplies, and services provided under
this section solely for the purposes of enhancing the interoperability
of the logistical support systems of military forces participating
in combined operation of the United States in order to facilitate
such operations may not, in any fiscal year, exceed $5,000,000.
‘‘(d) ANNUAL REPORT.—(1) Not later than December 31 each
year, the Secretary of Defense shall submit to the Committee on
Armed Services and the Committee on Foreign Relations of the
Senate and the Committee on Armed Services and the Committee
on International Relations of the House of Representatives a report
on the use of the authority provided by subsection (a) during the
preceding fiscal year.
‘‘(2) Each report under paragraph (1) shall be prepared in
coordination with the Secretary of State.
‘‘(3) Each report under paragraph (1) shall include, for the
fiscal year covered by the report, the following:
‘‘(A) Each nation provided logistic support, supplies, and
services through the use of the authority provided by subsection
(a).
‘‘(B) For each such nation, a description of the type and
value of logistic support, supplies, and services so provided.
‘‘(e) DEFINITION.—In this section, the term ‘logistic support,
supplies, and services’ has the meaning given that term in section
2350(1) of this title.’’.
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120 STAT. 2412
PUBLIC LAW 109–364—OCT. 17, 2006
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 127b the following new item:
‘‘127c. Allied forces participating in combined operations: authority to provide logis-
tic support, supplies, and services.’’.
SEC. 1202. TEMPORARY AUTHORITY TO USE ACQUISITION AND CROSS-
SERVICING AGREEMENTS TO LEND CERTAIN MILITARY
EQUIPMENT TO FOREIGN FORCES IN IRAQ AND AFGHANI-
STAN 
FOR 
PERSONNEL 
PROTECTION 
AND 
SURVIV-
ABILITY.
(a) AUTHORITY.—
(1) IN GENERAL.—Subject to paragraphs (2), (3), and (4),
the Secretary of Defense may treat covered military equipment
as logistic support, supplies, and services under subchapter
I of chapter 138 of title 10, United States Code, for the purpose
of providing for the use of such equipment by military forces
of a nation participating in combined operations with the
United States in Iraq or Afghanistan.
(2) REQUIRED DETERMINATIONS.—Equipment may be pro-
vided to the military forces of a nation under the authority
of this section only upon—
(A) a determination by the Secretary of Defense that
the United States forces in the combined operation have
no unfilled requirements for that equipment; and
(B) a determination by the Secretary of Defense, with
the concurrence of the Secretary of State, that it is in
the national security interest of the United States to pro-
vide for the use of such equipment by the military forces
of that nation under this section.
(3) LIMITATION ON USE OF EQUIPMENT.—Equipment pro-
vided to the military forces of a nation under the authority
of this section may be used by those forces only in Iraq or
Afghanistan and only for personnel protection or to aid in
the personnel survivability of those forces.
(4) LIMITATION
ON
DURATION
OF
PROVISION
OF
EQUIP-
MENT.—Equipment provided to the military forces of a nation
under the authority of this section may be used by the military
forces of that nation for not longer than one year.
(b) SEMIANNUAL REPORTS TO CONGRESSIONAL COMMITTEES.—
(1) USE OF AUTHORITY DURING FIRST SIX MONTHS OF FISCAL
YEAR.—If the authority provided in subsection (a) is exercised
during the first six months of a fiscal year, the Secretary
of Defense shall submit to the specified congressional commit-
tees a report on that exercise of such authority not later than
the following April 30.
(2) USE
OF
AUTHORITY
DURING
SECOND
SIX
MONTHS
OF
FISCAL YEAR.—If the authority provided in subsection (a) is
exercised during the second six months of a fiscal year, the
Secretary of Defense shall submit to the specified congressional
committees a report on that exercise of such authority not
later than the following October 30.
(3) CONTENT.—Each report under paragraph (1) or (2) shall
include, with respect to each exercise of the authority provided
in subsection (a) during the period covered by the report, the
following:
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120 STAT. 2413
PUBLIC LAW 109–364—OCT. 17, 2006
(A) A description of the basis for the determination
of the Secretary of Defense that it is in the national security
interests of the United States to provide for the use of
covered military equipment in the manner authorized in
subsection (a).
(B) Identification of each foreign force that receives
such equipment.
(C) A description of the type, quantity, and value of
the equipment provided to each foreign force that receives
such equipment.
(D) A description of the terms and duration of the
provision of the equipment to each foreign force that
receives such equipment.
(4) COORDINATION.—Each report under paragraph (1) or
(2) shall be prepared in coordination with the Secretary of
State.
(c) LIMITATIONS ON PROVISION OF MILITARY EQUIPMENT.—The
provision of military equipment under this section is subject to
the provisions of the Arms Export Control Act (22 U.S.C. 2751
et seq.) and of any other export control process under laws relating
to the transfer of military equipment and technology to foreign
nations.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered military equipment’’ means items
designated as significant military equipment in categories I,
II, III, VII, XI, and XIII of the United States Munitions List
under section 38(a)(1) of the Arms Export Control Act (22
U.S.C. 2778(a)(1)).
(2) The term ‘‘specified congressional committees’’ means—
(A) the Committee on Armed Services and the Com-
mittee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Com-
mittee on International Relations of the House of Rep-
resentatives.
(e) EXPIRATION.—The authority to provide military equipment
to the military forces of a foreign nation under this section expires
on September 30, 2008.
SEC. 1203. RECODIFICATION AND REVISION TO LAW RELATING TO
DEPARTMENT OF DEFENSE HUMANITARIAN DEMINING
ASSISTANCE.
(a) REPEAL.—Section 401 of title 10, United States Code, is
amended—
(1) in subsection (a), by striking paragraph (4);
(2) in subsection (b)—
(A) by striking ‘‘(1)’’ after ‘‘(b)’’; and
(B) by striking paragraph (2);
(3) in subsection (c), by striking paragraphs (2) and (3);
and
(4) in subsection (e), by striking paragraph (5).
(b) RECODIFICATION AND REVISION.—
(1) IN GENERAL.—Chapter 20 of such title is amended by
adding at the end the following new section:
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120 STAT. 2414
PUBLIC LAW 109–364—OCT. 17, 2006
‘‘§ 407. Humanitarian demining assistance: authority; limita-
tions
‘‘(a) AUTHORITY.—(1) Under regulations prescribed by the Sec-
retary of Defense, the Secretary of a military department may
carry out humanitarian demining assistance in a country if the
Secretary concerned determines that the assistance will promote
either—
‘‘(A) the security interests of both the United States and
the country in which the activities are to be carried out; or
‘‘(B) the specific operational readiness skills of the members
of the armed forces who participate in the activities.
‘‘(2) Humanitarian demining assistance under this section shall
complement, and may not duplicate, any other form of social or
economic assistance which may be provided to the country concerned
by any other department or agency of the United States.
‘‘(3) The Secretary of Defense shall ensure that no member
of the armed forces, while providing humanitarian demining assist-
ance under this section—
‘‘(A) engages in the physical detection, lifting, or destroying
of landmines or other explosive remnants of war (unless the
member does so for the concurrent purpose of supporting a
United States military operation); or
‘‘(B) provides such assistance as part of a military operation
that does not involve the armed forces.
‘‘(b) LIMITATIONS.—(1) Humanitarian demining assistance may
not be provided under this section unless the Secretary of State
specifically approves the provision of such assistance.
‘‘(2) Any authority provided under any other provision of law
to provide humanitarian demining assistance to a foreign country
shall be carried out in accordance with, and subject to, the limita-
tions prescribed in this section.
‘‘(c) EXPENSES.—(1) Expenses incurred as a direct result of
providing humanitarian demining assistance under this section to
a foreign country shall be paid for out of funds specifically appro-
priated for the purpose of the provision by the Department of
Defense of overseas humanitarian assistance.
‘‘(2) Expenses covered by paragraph (1) include the following:
‘‘(A) Travel, transportation, and subsistence expenses of
Department of Defense personnel providing such assistance.
‘‘(B) The cost of any equipment, services, or supplies
acquired for the purpose of carrying out or supporting humani-
tarian demining activities, including any nonlethal, individual,
or small-team equipment or supplies for clearing landmines
or other explosive remnants of war that are to be transferred
or otherwise furnished to a foreign country in furtherance of
the provision of assistance under this section.
‘‘(3) The cost of equipment, services, and supplies provided
in any fiscal year under this section may not exceed $10,000,000.
‘‘(d) ANNUAL REPORT.—The Secretary of Defense shall include
in the annual report under section 401 of this title a separate
discussion of activities carried out under this section during the
preceding fiscal year, including—
‘‘(1) a list of the countries in which humanitarian demining
assistance was carried out during the preceding fiscal year;
‘‘(2) the type and description of humanitarian demining
assistance carried out in each country during the preceding
fiscal year, as specified in paragraph (1);
Regulations.
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120 STAT. 2415
PUBLIC LAW 109–364—OCT. 17, 2006
‘‘(3) a list of countries in which humanitarian demining
assistance could not be carried out during the preceding fiscal
year due to insufficient numbers of Department of Defense
personnel to carry out such activities; and
‘‘(4) the amount expended in carrying out such assistance
in each such country during the preceding fiscal year.
‘‘(e) HUMANITARIAN DEMINING ASSISTANCE DEFINED.—In this
section, the term ‘humanitarian demining assistance’, as it relates
to training and support, means detection and clearance of landmines
and other explosive remnants of war, including activities related
to the furnishing of education, training, and technical assistance
with respect to the detection and clearance of landmines and other
explosive remnants of war.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘407. Humanitarian demining assistance: authority; limitations.’’.
SEC. 1204. ENHANCEMENTS TO REGIONAL DEFENSE COMBATING TER-
RORISM FELLOWSHIP PROGRAM.
(a) AUTHORIZED PURPOSES.—Subsection (a) of section 2249c
of title 10, United States Code, is amended by striking ‘‘associated
with’’ and all that follows and inserting: ‘‘associated with the edu-
cation and training of foreign military officers, ministry of defense
officials, or security officials at military or civilian educational
institutions, regional centers, conferences, seminars, or other
training programs conducted under the Regional Defense Com-
bating Terrorism Fellowship Program. Costs for which payment
may be made under this section include the costs of transportation
and travel and subsistence costs.’’.
(b) ANNUAL LIMITATION ON AMOUNT OBLIGATED.—Subsection
(b) of such section is amended by striking ‘‘$20,000,000’’ and
inserting ‘‘$25,000,000’’.
(c) OBLIGATION OF FUNDS ACROSS FISCAL YEARS.—Subsection
(b) of such section is further amended by adding at the end the
following new sentence: ‘‘Amounts available under the authority
in subsection (a) for a fiscal year may be used for programs that
begin in such fiscal year but end in the next fiscal year.’’.
(d) CLERICAL AMENDMENTS.—
(1) REFERENCE TO PROGRAM.—Subsection (c)(3) of such sec-
tion is amended by striking ‘‘Regional Defense Counterterrorism
Fellowship Program’’ and inserting ‘‘program referred to in
subsection (a)’’.
(2) SECTION
HEADING.—The heading of such section is
amended to read as follows:
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PUBLIC LAW 109–364—OCT. 17, 2006
‘‘§ 2249c. Regional Defense Combating Terrorism Fellowship
Program: authority to use appropriated funds for
costs associated with education and training of
foreign officials’’.
(3) TABLE OF SECTIONS.—The item relating to such section
in the table of sections at the beginning of subchapter I of
chapter 134 of such title is amended to read as follows:
‘‘2249c. Regional Defense Combating Terrorism Fellowship Program: authority to
use appropriated funds for costs associated with education and training
of foreign officials.’’.
SEC. 1205. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN
MULTINATIONAL MILITARY CENTERS OF EXCELLENCE.
(a) PARTICIPATION AUTHORIZED.—During fiscal year 2007, the
Secretary of Defense may, with the concurrence of the Secretary
of State, authorize the participation of members of the Armed
Forces and Department of Defense civilian personnel in any multi-
national military center of excellence hosted by any nation or com-
bination of nations referred to in subsection (b) for purposes of—
(1) enhancing the ability of military forces and civilian
personnel of the nations participating in such center to engage
in joint exercises or coalition or international military oper-
ations; or
(2) improving interoperability between the Armed Forces
of the United States and the military forces of friendly foreign
nations.
(b) COVERED NATIONS.—The nations referred to in this sub-
section are the following:
(1) The United States.
(2) Any member nation of the North Atlantic Treaty
Organization (NATO).
(3) Any major non-NATO ally.
(4) Any other friendly foreign nation identified by the Sec-
retary of Defense, with the concurrence of the Secretary of
State, for purposes of this section.
(c) DEFINITIONS.—In this section:
(1) MULTINATIONAL
MILITARY
CENTER
OF
EXCELLENCE.—
The term ‘‘multinational military center of excellence’’ means
an entity sponsored by one or more nations that is accredited
and approved by the Military Committee of the North Atlantic
Treaty Organization (NATO) as offering recognized expertise
and experience to personnel participating in the activities of
such entity for the benefit of NATO by providing such personnel
opportunities to—
(A) enhance education and training;
(B) improve interoperability and capabilities;
(C) assist in the development of doctrine; and
(D) validate concepts through experimentation.
(2) MAJOR NON-NATO ALLY.—The term ‘‘major non-NATO
ally’’ means a country (other than a member nation of the
North Atlantic Treaty Organization) that is designated as a
major non-NATO ally pursuant to section 517 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321k).
(d) MEMORANDUM OF UNDERSTANDING.—
(1) REQUIREMENT.—The participation of members of the
Armed Forces or Department of Defense civilian personnel in
a multinational military center of excellence under subsection
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(a) shall be in accordance with the terms of one or more memo-
randa of understanding entered into by the Secretary of
Defense, with the concurrence of the Secretary of State, and
the foreign nation or nations concerned.
(2) SCOPE.—If Department of Defense facilities, equipment,
or funds are used to support a multinational military center
of excellence under subsection (a), the memoranda of under-
standing under paragraph (1) with respect to that center shall
provide details of any cost-sharing arrangement or other
funding arrangement.
(e) AVAILABILITY OF APPROPRIATED FUNDS.—
(1) AVAILABILITY.—Funds appropriated to the Department
of Defense for operation and maintenance are available as
follows:
(A) To pay the United States share of the operating
expenses of any multinational military center of excellence
in which the United States participates under this section.
(B) To pay the costs of the participation of members
of the Armed Forces and Department of Defense civilian
personnel in multinational military centers of excellence
under this section, including the costs of expenses of such
participants.
(2) LIMITATION ON AMOUNT.—The amount available under
paragraph (1)(A) in fiscal year 2007 for the expenses referred
to in that paragraph may not exceed $3,000,000.
(3) LIMITATION ON USE OF FUNDS.—No funds may be used
under this section to fund the pay or salaries of members
of the Armed Forces and Department of Defense civilian per-
sonnel who participate in multinational military centers of
excellence under this section.
(f) USE OF DEPARTMENT OF DEFENSE FACILITIES AND EQUIP-
MENT.—Facilities and equipment of the Department of Defense
may be used for purposes of the support of multinational military
centers of excellence under this section that are hosted by the
Department.
(g) REPORT ON USE OF AUTHORITY.—
(1) REPORT REQUIRED.—Not later than October 31, 2007,
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 on the use
of the authority in this section during fiscal year 2007.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A detailed description of the participation of the
Department of Defense, and of members of the Armed
Forces and civilian personnel of the Department, in multi-
national military centers of excellence under the authority
of this section during fiscal year 2007.
(B) For each multinational military center of excellence
in which the Department of Defense, or members of the
Armed Forces or civilian personnel of the Department,
so participated—
(i) a description of such multinational military
center of excellence;
(ii) a description of the activities participated in
by the Department, or by members of the Armed Forces
or civilian personnel of the Department; and
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(iii) a statement of the costs of the Department
for such participation, including—
(I) a statement of the United States share
of the expenses of such center and a statement
of the percentage of the United States share of
the expenses of such center to the total expenses
of such center; and
(II) a statement of the amount of such costs
(including a separate statement of the amount of
costs paid for under the authority of this section
by category of costs).
SEC. 
1206. 
MODIFICATION 
AND 
EXTENSION 
OF 
AUTHORITIES
RELATING TO PROGRAM TO BUILD THE CAPACITY OF
FOREIGN MILITARY FORCES.
(a) PROGRAM
IMPLEMENTATION
VESTED
IN
SECRETARY
OF
DEFENSE.—
(1) AUTHORITY.—Subsection (a) of section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109–163; 119 Stat. 3456) is amended by striking ‘‘The
President may direct the Secretary of Defense to’’ and inserting
‘‘The Secretary of Defense, with the concurrence of the Sec-
retary of State, may’’.
(2) CONFORMING
AMENDMENTS.—Such section is further
amended—
(A) in subsection (b), by striking ‘‘directed by the Presi-
dent’’ in paragraphs (1) and (2);
(B) in subsection (c)—
(i) in paragraph (1), by striking ‘‘directed by the
President’’; and
(ii) in paragraphs (2) and (3), by striking ‘‘The
President’’ and inserting ‘‘The Secretary of Defense’’;
(C) in subsection (d), by striking ‘‘directed by the Presi-
dent’’ both places it appears; and
(D) in subsection (e)(2), by striking ‘‘as directed by
the President’’.
(b) FUNDING.—Subsection (c)(1) of such section is further
amended—
(1) by striking ‘‘$200,000,000’’ and inserting ‘‘$300,000,000’’;
and
(2) by striking ‘‘defense-wide’’.
(c) NOTIFICATION TO CONGRESS.—Paragraph (1) of subsection
(e) of such section is amended to read as follows:
‘‘(1) NOTIFICATION.—Whenever the Secretary of Defense
decides, with the concurrence of the Secretary of State, to
conduct or support a program authorized under subsection (a),
the Secretary of Defense shall submit to Congress a notification
in writing of that decision. Any such notification shall be pre-
pared in coordination with the Secretary of State.’’.
(d) ONE-YEAR EXTENSION OF PROGRAM AUTHORITY.—Subsection
(g) of such section is amended to read as follows:
‘‘(g) TERMINATION OF PROGRAM.—The authority provided under
subsection (a) terminates at the close of September 30, 2008. Any
program directed before that date may be completed, but only
using funds available for fiscal year 2006, 2007, or 2008.’’.
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SEC. 1207. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PER-
SONNEL OF EDUCATION AND TRAINING MATERIALS AND
INFORMATION TECHNOLOGY TO ENHANCE MILITARY
INTEROPERABILITY.
(a) DISTRIBUTION AUTHORIZED.—To enhance interoperability
between the Armed Forces and military forces of friendly foreign
countries, the Secretary of Defense may—
(1) provide to personnel referred to in subsection (b) elec-
tronically-distributed learning content for the education and
training of such personnel for the development and enhance-
ment of allied and friendly military capabilities for multi-
national operations, including joint exercises and coalition oper-
ations; and
(2) provide information technology, including computer soft-
ware developed for such purpose, but only to the extent nec-
essary to support the use of such learning content for the
education and training of such personnel.
(b) AUTHORIZED RECIPIENTS.—The personnel to whom learning
content and information technology may be provided under sub-
section (a) are military and civilian personnel of a friendly foreign
government, with the permission of that government.
(c) EDUCATION AND TRAINING.—Any education and training pro-
vided under subsection (a) shall include the following:
(1) Internet-based education and training.
(2) Advanced distributed learning and similar Internet
learning tools, as well as distributed training and computer
assisted exercises.
(d) SECRETARY OF STATE CONCURRENCE IN CERTAIN ACTIVI-
TIES.—In the case of any activity proposed to be undertaken under
this section that is not authorized by another provision of law,
the Secretary of Defense may undertake such activity only with
the concurrence of the Secretary of State.
(e) APPLICABILITY OF EXPORT CONTROL REGIMES.—The provi-
sion of learning content and information technology under this
section shall be subject to the provisions of the Arms Export Control
Act (22 U.S.C. 2751 et seq.) and any other export control regime
under law relating to the transfer of military technology to foreign
nations.
(f) SECRETARY OF DEFENSE GUIDANCE.—
(1) GUIDANCE REQUIRED.—The Secretary of Defense shall
develop and issue guidance on the procedures for the use of
the authority provided in this section.
(2) SUBMITTAL TO CONGRESSIONAL COMMITTEES.—Not later
than 30 days after issuing the guidance required by paragraph
(1), the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
setting forth such guidance.
(3) MODIFICATION.—If the Secretary modifies the guidance
issued under paragraph (1), the Secretary shall submit to the
committees named in paragraph (2) a report setting forth the
modified guidance not later than 30 days after the date of
such modification.
(g) ANNUAL REPORT.—
(1) REPORT REQUIRED.—Not later than October 31 of 2007
and 2008, the Secretary of Defense shall submit to the commit-
tees named in subsection (f)(1) a report on the exercise of
Reports.
Deadline.
Deadline.
Reports.
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PUBLIC LAW 109–364—OCT. 17, 2006
the authority provided in this section during the preceding
fiscal year.
(2) ELEMENTS.—Each report under paragraph (1) shall
include, for the fiscal year covered by such report, the following:
(A) A statement of the recipients of learning content
and information technology provided under this section.
(B) A description of the type, quantity, and value of
the learning content and information technology provided
under this section.
(h) TERMINATION.—The authority provided in this section shall
expire on September 30, 2008.
Subtitle B—Nonproliferation Matters and
Countries of Concern
SEC. 1211. NORTH KOREA.
(a) COORDINATOR OF POLICY ON NORTH KOREA.—
(1) APPOINTMENT REQUIRED.—Not later than 60 days after
the date of the enactment of this Act, the President shall
appoint a senior presidential coordinator of United States policy
on North Korea.
(2) DESIGNATION.—The individual appointed under para-
graph (1) may be known as the ‘‘North Korea Policy Coordi-
nator’’ (in this subsection referred to as the ‘‘Coordinator)’’.
(3) DUTIES.—The Coordinator shall—
(A) conduct a full and complete interagency review
of United States policy toward North Korea;
(B) consult with foreign governments, including the
parties to the Six Party Talks on the denuclearization
of the Korean peninsula; and
(C) provide policy direction and leadership for negotia-
tions with North Korea relating to nuclear weapons, bal-
listic missiles, and other security matters.
(4) REPORT.—Not later than 90 days after the date of
the appointment of an individual as Coordinator under para-
graph (1), the Coordinator shall submit to the President and
Congress an unclassified report, with a classified annex if nec-
essary, on the actions undertaken under paragraph (3). The
report shall set forth—
(A) the results of the review under paragraph (3)(A);
and
(B) any other matter on North Korea that the Coordi-
nator considers appropriate.
(5) TERMINATION.—The position under this subsection shall
terminate no later than December 31, 2011.
(b) SEMIANNUAL REPORTS ON NUCLEAR AND MISSILE PROGRAMS
OF NORTH KOREA.—
(1) REPORTS REQUIRED.—Not later than 90 days after the
date of the enactment of this Act, and every 180 days thereafter
for fiscal years 2007 and 2008, the President shall transmit
to Congress an unclassified report, with a classified annex
as appropriate, on the nuclear program and the missile program
of North Korea.
(2) MATTERS TO BE INCLUDED.—Each report under para-
graph (1) shall include the following:
President.
Deadline.
President.
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120 STAT. 2421
PUBLIC LAW 109–364—OCT. 17, 2006
(A) The most current national intelligence estimate
on the nuclear program and the missile program of North
Korea and, consistent with the protection of intelligence
sources and methods, an unclassified summary of the key
judgments in that estimate.
(B) The most current unclassified United States
Government assessment, stated as a range if necessary,
of—
(i) the number of nuclear weapons possessed by
North Korea; and
(ii) the amount of nuclear material suitable for
weapons use produced by North Korea by plutonium
reprocessing and uranium enrichment.
(C) Any other matter relating to the nuclear program
or missile program of North Korea that the President con-
siders appropriate.
SEC. 1212. REPORT ON PARTICIPATION OF MULTINATIONAL PARTNERS
IN THE UNITED NATIONS COMMAND IN THE REPUBLIC
OF KOREA.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in coordina-
tion with the Secretary of State, shall submit to the appropriate
committees of Congress a report on participation of multinational
partners in the United Nations Command in the Republic of Korea.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) A list of the nations that are current members of the
United Nations Command in the Republic of Korea, together
with a detailed description of the role and participation of
each such member nation in the responsibilities and activities
of the United Nations Command.
(2) A detailed description of efforts being undertaken by
the United States to encourage enhanced participation in the
responsibilities and activities of the United Nations Command
in the Republic of Korea by such member nations.
(3) A discussion of how members of the United Nations
Command in the Republic of Korea might be persuaded to
increase their contribution of military forces stationed in the
Republic and an assessment of how United States political-
military requirements in the Republic of Korea might be
affected by such increases.
(4) An assessment of how the contribution of additional
military forces by a member of the United Nations Command
might affect that member’s approach to facilitating a diplomatic
resolution of the nuclear challenge posed by the Democratic
People’s Republic of Korea.
(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex.
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committees on Armed Services and Foreign Rela-
tions of the Senate; and
(2) the Committees on Armed Services and International
Relations of the House of Representatives.
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PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 1213. INTELLIGENCE ON IRAN.
(a) SUBMITTAL
TO CONGRESS
OF UPDATED NATIONAL INTEL-
LIGENCE ESTIMATE ON IRAN.—
(1) SUBMITTAL REQUIRED.—The Director of National Intel-
ligence shall submit to Congress an updated, comprehensive
National Intelligence Estimate on Iran. Such National Intel-
ligence Estimate shall be submitted as soon as is practicable,
but not later than the end of the 90-day period beginning
on the date of the enactment of this Act.
(2) NOTICE REGARDING SUBMITTAL.—If before the end of
the 90-day period specified in paragraph (1) the Director deter-
mines that the National Intelligence Estimate required by that
paragraph cannot be submitted by the end of that period as
required by that paragraph, the Director shall (before the end
of that period) submit to Congress a report setting forth—
(A) the reasons why the National Intelligence Estimate
cannot be submitted by the end of such 90-day period;
and
(B) an estimated date for the submittal of the National
Intelligence Estimate.
(3) FORM.—The National Intelligence Estimate under para-
graph (1) shall be submitted in classified form. Consistent
with the protection of intelligence sources and methods, an
unclassified summary of the key judgments of the National
Intelligence Estimate should be submitted.
(b) PRESIDENTIAL REPORT ON POLICY OBJECTIVES AND UNITED
STATES STRATEGY REGARDING IRAN.—
(1) REPORT REQUIRED.—As soon as is practicable, but not
later than 90 days after the date of the enactment of this
Act, the President shall submit to Congress a report on—
(A) the objectives of United States policy on Iran; and
(B) the strategy for achieving those objectives.
(2) FORM.—The report under paragraph (1) shall be sub-
mitted in unclassified form with a classified annex, as appro-
priate.
(3) ELEMENTS.—The report submitted under paragraph (1)
shall—
(A) address the role of diplomacy, incentives, sanctions,
other punitive measures and incentives, and other pro-
grams and activities relating to Iran for which funds are
provided by Congress; and
(B) summarize United States contingency planning
regarding the range of possible United States military
actions in support of United States policy objectives with
respect to Iran.
SEC. 1214. SENSE OF CONGRESS ON UNITED STATES POLICY ON THE
NUCLEAR PROGRAMS OF IRAN.
Congress—
(1) endorses the policy of the United States to achieve
a successful diplomatic outcome, in coordination with leading
members of the international community, with respect to the
threat posed by the efforts of the Iranian regime to acquire
a capability to produce nuclear weapons;
(2) calls on Iran to—
Reports.
Deadline.
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(A) suspend fully and verifiably its enrichment and
reprocessing activities, as required by the International
Atomic Energy Agency (IAEA); and
(B) work with the international community to achieve
a negotiated outcome to the concerns regarding its nuclear
program;
(3) in the event Iran fails to comply with United Nations
Security Council Resolution 1696 (July 31, 2006), urges the
Security Council to work for the adoption of appropriate meas-
ures under Article 41 of Chapter VII of the Charter of the
United Nations; and
(4) urges the President and the Secretary of State to keep
Congress fully and currently informed regarding the progress
of this vital diplomatic initiative.
Subtitle C—Other Matters
SEC. 1221. EXCLUSION OF PETROLEUM, OIL, AND LUBRICANTS FROM
LIMITATIONS ON ANNUAL AMOUNT OF LIABILITIES THE
UNITED STATES MAY ACCRUE UNDER ACQUISITION AND
CROSS-SERVICING AGREEMENTS.
(a) EXCLUSION.—Section 2347 of title 10, United States Code,
is amended—
(1) in subsection (a), by striking ‘‘(other than petroleum,
oils, and lubricants)’’ in paragraphs (1) and (2); and
(2) by adding at the end the following new subsection:
‘‘(d) The amount of any sale, purchase, or exchange of petro-
leum, oils, or lubricants by the United States under this subchapter
in any fiscal year shall be excluded in any computation for the
purposes of subsection (a) or (b) of the amount of reimbursable
liabilities or reimbursable credits that the United States accrues
under this subchapter in that fiscal year.’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect beginning with fiscal year 2007.
(c) REPORTS.—Not later than October 31 of 2007 and 2008,
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 on the exercise during the
preceding fiscal year of the authority provided in subchapter I
of chapter 138 of title 10, United States Code, with respect to
the sale, purchase, or exchange of petroleum, oil, or lubricants.
Each report shall identify each country involved in a sale, purchase,
or exchange of petroleum, oil, or lubricants with the United States
and include a description, by country, of the type, quantity, and
value of the petroleum, oil, and lubricants that were sold, purchased,
or exchanged by the United States.
SEC. 1222. MODIFICATION OF LIMITATIONS ON ASSISTANCE UNDER
THE AMERICAN SERVICEMEMBERS’ PROTECTION ACT OF
2002.
Section 2013(13)(A) of the American Servicemembers’ Protec-
tion Act of 2002 (22 U.S.C. 7432(13)(A)) is amended by striking
‘‘or 5’’.
SEC. 1223. HUMANITARIAN SUPPORT FOR IRAQI CHILDREN IN URGENT
NEED OF MEDICAL CARE.
(a) FINDINGS.—Congress makes the following findings:
10 USC 2347
note.
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(1) The Secretary of Defense has discretionary authority
to permit space-available travel on military aircraft for various
reasons, including humanitarian purposes.
(2) Recently, 110 Iraqi children journeyed 22 hours by
bus from Baghdad, Iraq, to Amman, Jordan, for urgently needed
oral/facial surgery. While traveling, armed insurgents stopped
and boarded the children’s bus, raising serious questions about
the safety of further travel by ground.
(3) Pursuant to the Secretary’s discretionary authority
referred to in paragraph (1), the Secretary authorized the Iraqi
children to travel on military aircraft for their return trip
from Amman to Baghdad.
(4) The Secretary is to be commended for his initiative
in providing for the safe return of these children to Iraq by
military aircraft.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of Defense should continue to provide space-available
travel on military aircraft for humanitarian reasons to Iraqi chil-
dren who would otherwise have no means available to seek urgently
needed medical care such as that provided by a humanitarian
organization in Amman, Jordan.
SEC. 1224. SENSE OF CONGRESS OPPOSING THE GRANTING OF
AMNESTY BY THE GOVERNMENT OF IRAQ TO PERSONS
KNOWN TO HAVE ATTACKED, KILLED, OR WOUNDED MEM-
BERS OF THE UNITED STATES ARMED FORCES IN IRAQ.
(a) FINDINGS.—Congress makes the following findings:
(1) The Armed Forces of the United States and coalition
military forces are serving heroically in Iraq to provide all
the people of Iraq a better future.
(2) The Armed Forces of the United States and coalition
military forces have served bravely in Iraq since the beginning
of military operations in March of 2003.
(3) As of June 15, 2006, more than 2,500 members of
the Armed Forces of the United States and members of coalition
military forces have been killed and more than 18,000 have
been injured in operations to bring peace and stability to all
the people of Iraq.
(b) SENSE OF CONGRESS.—
(1) IRAQI SOVEREIGNTY.—It is the sense of Congress that
the goal of the United States and of the coalition partners
of the United States has been to empower the Iraqi people
and, in doing so, to recognize their freedom to exercise full
sovereignty.
(2) AMNESTY.—Recognizing the sovereignty of the Iraqi
people as referred to in paragraph (1), it is further the sense
of Congress that the Government of Iraq, consistent with that
sovereignty, should not grant amnesty to persons known to
have attacked, killed, or wounded members of the Armed Forces
of the United States.
SEC. 1225. ANNUAL REPORTS ON UNITED STATES CONTRIBUTIONS TO
THE UNITED NATIONS.
(a) ANNUAL REPORT.—Not later than 90 days after the date
of the enactment of this Act and annually thereafter until December
31, 2010, the President shall submit to Congress a report listing
all assessed and voluntary contributions of the United States
President.
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Government for the preceding fiscal year to the United Nations
and United Nations affiliated agencies and related bodies.
(b) CONTENTS.—Each report required under subsection (a) shall
set forth, for the fiscal year covered by such report, the following:
(1) The total amount of all assessed and voluntary contribu-
tions of the United States Government to the United Nations
and United Nations affiliated agencies and related bodies.
(2) The approximate percentage of United States Govern-
ment contributions to each United Nations affiliated agency
or body in such fiscal year when compared with all contributions
to such agency or body from any source in such fiscal year.
(3) For each such contribution—
(A) the amount of such contribution;
(B) a description of such contribution (including
whether assessed or voluntary);
(C) the department or agency of the United States
Government responsible for such contribution;
(D) the purpose of such contribution; and
(E) the United Nations or United Nations affiliated
agency or related body receiving such contribution.
SEC. 1226. COMPREHENSIVE REGIONAL STRATEGY AND ANNUAL
REPORTS ON SOMALIA.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
the United States should—
(1) support—
(A) the establishment of a functional, legitimate, and
unified national government in Somalia;
(B) humanitarian assistance to the people of Somalia;
(C) efforts to prevent Somalia from becoming a safe
haven for terrorists and terrorist activities; and
(D) regional stability;
(2) broaden and integrate its strategic approach toward
Somalia within the context of United States policy and activities
in the countries of the Horn of Africa and other relevant coun-
tries on the Arabian Peninsula; and
(3) coordinate and carry out all diplomatic, humanitarian,
counterterrorism, and security-related activities in Somalia
within the framework of an interagency process.
(b) COMPREHENSIVE REGIONAL STRATEGY.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the President shall submit to
the appropriate congressional committees a report on a com-
prehensive regional strategy toward Somalia within the context
of United States policy and activities in the countries of the
Horn of Africa and other relevant countries on the Arabian
Peninsula.
(2) COMPONENTS.—The comprehensive regional strategy
described in the report shall include the following components:
(A) A clearly stated policy towards Somalia that will
help establish a functional, legitimate, and unified national
government in Somalia that is capable of maintaining the
rule of law and preventing Somalia from becoming a safe
haven for terrorists.
(B) A description of the type and form of bilateral,
regional, and multilateral efforts to coordinate and
strengthen diplomatic engagement with Somalia.
President.
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(C) A description of an integrated political, humani-
tarian, intelligence, and military approach to counter
transnational security threats in Somalia and throughout
the countries of the Horn of Africa.
(D) A description of an interagency framework
involving the Federal agencies and departments of the
United States to plan, coordinate, and execute United
States policy and activities in Somalia and throughout
the countries of the Horn of Africa and to oversee policy
and program implementation.
(E) Guidance on the manner in which the comprehen-
sive regional strategy will be implemented.
(c) ANNUAL REPORTS.—Not later than April 1, 2007, and
annually thereafter until April 1, 2010, the President shall submit
to the appropriate congressional committees a report on the status
of the implementation of the comprehensive regional strategy
toward Somalia required under subsection (b).
(d) FORM.—Each report under this section, including the com-
prehensive regional strategy, shall be submitted in unclassified
form, but may include a classified annex, as appropriate.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services, the Committee on
International Relations, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate.
SEC. 1227. REPORT ON THE IMPLEMENTATION OF THE DARFUR PEACE
AGREEMENT.
(a) REQUIREMENT FOR REPORTS.—Not later than 90 days after
the date of the enactment of this Act and every six months there-
after until December 31, 2011, the Secretary of Defense, in coordina-
tion with the Secretary of State, shall submit to the appropriate
congressional committees a report on the implementation of the
Darfur Peace Agreement of May 5, 2006, and the contributions
of the Department of Defense to the North Atlantic Treaty
Organization in support of the African Union Mission in Sudan
(AMIS).
(b) CONTENTS.—Each report under subsection (a) shall
include—
(1) a description of major violations of the Darfur Peace
Agreement and major delays in implementing the Agreement,
including violations and delays relating to the demobilization
and disarmament of the Janjaweed, the voluntary safe return
of internally displaced persons and refugees, and security and
access for humanitarian supply routes;
(2) an assessment of the extent to which the Ceasefire
Commission and the AMIS are able to monitor the implementa-
tion of the Darfur Peace Agreement and an assessment of
efforts to impede the monitoring activities of the Ceasefire
Commission and AMIS;
(3) a list of contributions made by the Department of
Defense in support of NATO assistance to AMIS and the United
Nations peacekeeping operation authorized for Darfur;
President.
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(4) a description of the activities carried out by United
States Armed Forces in support of NATO assistance to AMIS
and the United Nations peacekeeping operation authorized for
Darfur;
(5) the amount of funds expended by the Department of
Defense in support of NATO assistance to AMIS; and
(6) a description of the efforts by the United States to
obtain troop contributions from other countries to serve in
the United Nations peacekeeping operation authorized for
Darfur.
(c) FORM AND AVAILABILITY OF REPORTS.—
(1) FORM.—Reports submitted under this section shall be
in an unclassified form and may include a classified annex.
(2) AVAILABILITY.—The unclassified portion of such reports
shall be made available to the public.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate committees of Congress’’
means—
(1) the Committee on Armed Services and the Committee
on International Relations of the House of Representatives;
and
(2) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
SEC. 1228. SENSE OF CONGRESS CONCERNING COOPERATION WITH
RUSSIA ON ISSUES PERTAINING TO MISSILE DEFENSE.
It is the sense of Congress that—
(1) cooperation between the United States and Russia with
regard to missile defense is in the interest of the United States;
(2) there does not exist strong enough engagement between
the United States and Russia with respect to missile defense
cooperation;
(3) the United States should explore innovative and non-
traditional means of cooperation with Russia on issues per-
taining to missile defense; and
(4) as part of such an effort, the Secretary of Defense
should consider the possibilities for United States-Russian
cooperation with respect to missile defense through—
(A) the testing of specific elements of the detection
and tracking equipment of the Missile Defense Agency
of the United States Department of Defense through the
use of Russian target missiles; and
(B) the provision of early warning radar to the Missile
Defense Agency by the use of Russian radar data.
SEC. 1229. SENSE OF CONGRESS CALLING FOR CONVENING OF A
SUMMIT FOR A COMPREHENSIVE POLITICAL AGREEMENT
FOR IRAQ.
(a) IN GENERAL.—It is the sense of Congress that the President
should continue working with the Government of Iraq and the
United Nations to convene a summit as soon as possible after
the enactment of this Act for the purpose of reaching a comprehen-
sive political agreement for Iraq—
(1) that promotes the Government of Iraq’s National Rec-
onciliation and Dialogue Plan of June 25, 2006, which is
designed to focus on many of the fundamental questions
dividing Iraqis; and
(2) that address the issues of—
Public
information.
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(A) federalism;
(B) the equitable distribution of oil revenues;
(C) the demobilization and reintegration of armed mili-
tias
(D) the inducement of the armed opposition to lay
down their arms and join the political process, and
(E) the building of a renewed international partnership
with Iraq aimed at encouraging the economic recovery and
reconstruction of Iraq.
(b) SUMMIT PARTICIPANTS.—A summit convened for the purpose
stated in subsection (a) should include the following participants
(as well as other appropriate participants):
(1) Representatives of Iraq’s neighbors.
(2) Representatives of the Arab League.
(3) The Secretary General of the North Atlantic Treaty
Organization.
(4) Representatives of the European Union.
(5) Leaders of the governments of each permanent member
of the United Nations Security Council.
SEC. 1230. SENSE OF CONGRESS ON THE COMMENDABLE ACTIONS
OF THE ARMED FORCES IN IRAQ.
(a) FINDINGS.—Congress makes the following findings:
(1) On June 7, 2006, the United States Armed Forces
carried out an air strike near the City of Baquba, northeast
of Baghdad, Iraq, that resulted in the death of Ahmad Fadeel
al-Nazal al-Khalayleh, better known as Abu Musab al-Zarqawi,
the leader of the al-Qaeda in Iraq terrorist organization and
the most wanted terrorist in Iraq.
(2) Zarqawi, as the operational commander of al-Qaeda
in Iraq, led a brutal campaign of suicide bombings, car
bombings, assassinations, and abductions that caused the
deaths of many members of the United States Armed Forces,
civilian officials of the United States Government, thousands
of innocent Iraqi civilians, and innocent civilians of other
nations.
(3) Zarqawi publicly swore his allegiance to Osama bin
Laden and al-Qaeda in 2004, and changed the name of his
terrorist organization from the ‘‘Monotheism and Holy War
Group’’ to ‘‘al-Qaeda in Iraq’’.
(4) In an audiotape broadcast in December 2004, Osama
bin Laden, the leader of al-Qaeda’s worldwide terrorist
organization, called Zarqawi ‘‘the prince of al-Qaeda in Iraq’’.
(5) Three perpetrators confessed to being paid by Zarqawi
to carry out the October 2002 assassination of the United
States diplomat, Lawrence Foley, in Amman, Jordan.
(6) The Monotheism and Holy War Group claimed responsi-
bility for—
(A) the August 2003 suicide attack that destroyed the
United Nations headquarters in Baghdad and killed the
United Nations envoy to Iraq, Sergio Vieira de Mello, along
with 21 other people; and
(B) the suicide attack on the Imam Ali Mosque in
Najaf that occurred less than two weeks later, which killed
at least 85 people, including the Ayatollah Sayed
Mohammed Baqr al-Hakim, and wounded dozens more.
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(7) Zarqawi is believed to have personally beheaded Amer-
ican hostage Nicholas Berg in May 2004.
(8) In May 2004, Zarqawi was implicated in a car bombing
that killed Izzadine Salim, the rotating president of the Iraqi
Governing Council.
(9) In November 2005, al-Qaeda in Iraq attacked three
hotels in Amman, Jordan, killing at least 67 innocent civilians.
(10) Zarqawi and his terrorist organization were directly
responsible for numerous other brutal terrorist attacks against
the American and coalition forces, Iraqi security forces and
recruits, and innocent Iraqi civilians.
(11) Zarqawi sought to turn Iraq into a safe haven for
al-Qaeda.
(12) To achieve that end, Zarqawi stated his opposition
to the democratically elected government of Iraq and worked
to divide the Iraqi people, foment sectarian violence, and incite
a civil war in Iraq.
(13) The members of the United States Armed Forces,
the intelligence community, and other Federal agencies, along
with coalition partners and the Iraqi Security Forces, should
be commended for their courage and extraordinary efforts to
track down the most wanted terrorist in Iraq and to secure
a free and prosperous future for the people of Iraq.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
Congress—
(1) commends the United States Armed Forces, the intel-
ligence community, and other Federal agencies, along with
coalition partners, for the actions taken through June 7, 2006,
that resulted in the death of Abu Musab al-Zarqawi, the leader
of the al-Qaeda in Iraq terrorist organization and the most
wanted terrorist in Iraq;
(2) commends the United States Armed Forces, the intel-
ligence community, and other agencies for the action referred
to in paragraph (1) and their exemplary performance in striving
to bring freedom, democracy, and security to the people of
Iraq;
(3) commends the coalition partners of the United States,
the new government of Iraq, and members of the Iraqi Security
Forces for their invaluable assistance in the operation referred
to in paragraph (1) and their extraordinary efforts to secure
a free and prosperous Iraq;
(4) commends United States civilian and military leader-
ship for their continuing efforts to eliminate the leadership
of al-Qaeda in Iraq, and also commends the new government
of Iraq, led by Prime Minister Nouri al-Maliki, for its contribu-
tion to that achievement;
(5) recognizes that the death of Abu Musab al-Zarqawi
is a victory for American and coalition forces in the global
war on terror and a blow to the al-Qaeda terrorist organization;
(6) commends Iraqi Prime Minister Nouri al-Maliki on
the finalization of the new Iraqi cabinet;
(7) urges the democratically elected government in Iraq
to use this opportunity to defeat the terrorist enemy, to put
an end to ethnic and sectarian violence, and to achieve a
free, prosperous, and secure future for Iraq; and
(8) affirms that the Congress will continue to support the
United States Armed Forces, the democratically elected unity
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government of Iraq, and the people of Iraq in their quest
to secure a free, prosperous, and democratic Iraq.
SEC. 1231. ANNUAL REPORT ON FOREIGN SALES OF SIGNIFICANT MILI-
TARY EQUIPMENT MANUFACTURED IN THE UNITED
STATES.
(a) REPORT REQUIRED.—Not later than March 31 of each year,
the Secretary of Defense shall submit to the congressional defense
committees a report on foreign military sales and direct sales to
foreign entities of significant military equipment manufactured in
the United States during the preceding calendar year.
(b) CONTENTS.—Each report required by subsection (a) shall
indicate, for each sale of significant military equipment in excess
of $2,000,000—
(1) the nature of the equipment and the dollar value of
the sale;
(2) the country to which the equipment was sold; and
(3) the manufacturer of the equipment and the State in
which the equipment was manufactured.
(c) PUBLIC AVAILABILITY.—The Secretary of Defense shall make
each report required by subsection (a) publicly available to the
maximum extent practicable.
(d) SIGNIFICANT MILITARY EQUIPMENT DEFINED.—In this sec-
tion, the term ‘‘significant military equipment’’ has the meaning
given the term in section 47(9) of the Arms Export Control Act
(22 U.S.C. 2794(9) note).
TITLE XIII—COOPERATIVE THREAT RE-
DUCTION 
WITH 
STATES 
OF 
THE
FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Extension of temporary authority to waive limitation on funding for
chemical weapons destruction facility in Russia.
Sec. 1304. National Academy of Sciences study of prevention of proliferation of bio-
logical weapons.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section
301 and other provisions of this Act, Cooperative Threat Reduction
programs are the programs specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note).
(b) FISCAL YEAR 2007 COOPERATIVE THREAT REDUCTION FUNDS
DEFINED.—As used in this title, the term ‘‘fiscal year 2007 Coopera-
tive Threat Reduction funds’’ means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs.
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to
the authorization of appropriations in section 301 for Cooperative
Threat Reduction programs shall be available for obligation for
three fiscal years.
22 USC 2776a.
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SEC. 1302. FUNDING ALLOCATIONS.
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the $372,128,000
authorized to be appropriated to the Department of Defense for
fiscal year 2007 in section 301(19) for Cooperative Threat Reduction
programs, the following amounts may be obligated for the purposes
specified:
(1) For strategic offensive arms elimination in Russia,
$76,985,000.
(2) For nuclear weapons storage security in Russia,
$87,100,000.
(3) For nuclear weapons transportation security in Russia,
$33,000,000.
(4) For weapons of mass destruction proliferation preven-
tion in the states of the former Soviet Union, $37,486,000.
(5) For biological weapons proliferation prevention in the
former Soviet Union, $68,357,000.
(6) 
For 
chemical 
weapons 
destruction 
in 
Russia,
$42,700,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $18,500,000.
(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR
OTHER PURPOSES.—No fiscal year 2007 Cooperative Threat Reduc-
tion funds may be obligated or expended for a purpose other than
a purpose listed in paragraphs (1) through (8) of subsection (a)
until 30 days after the date that the Secretary of Defense submits
to Congress a report on the purpose for which the funds will
be obligated or expended and the amount of funds to be obligated
or expended. Nothing in the preceding sentence shall be construed
as authorizing the obligation or expenditure of fiscal year 2007
Cooperative Threat Reduction funds for a purpose for which the
obligation or expenditure of such funds is specifically prohibited
under this title or any other provision of law.
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—
(1) IN
GENERAL.—Subject to paragraphs (2) and (3), in
any case in which the Secretary of Defense determines that
it is necessary to do so in the national interest, the Secretary
may obligate amounts appropriated for fiscal year 2007 for
a purpose listed in any of the paragraphs in subsection (a)
in excess of the specific amount authorized for that purpose.
(2) NOTICE-AND-WAIT
REQUIRED.—An obligation of funds
for a purpose stated in any of the paragraphs in subsection
(a) in excess of the specific amount authorized for such purpose
may be made using the authority provided in paragraph (1)
only after—
(A) the Secretary submits to Congress notification of
the intent to do so together with a complete discussion
of the justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) RESTRICTION.—The Secretary may not, under the
authority provided in paragraph (1), obligate amounts for a
purpose stated in any of paragraphs (6) through (8) of sub-
section (a) in excess of 125 percent of the specific amount
authorized for such purpose.
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SEC. 1303. EXTENSION OF TEMPORARY AUTHORITY TO WAIVE LIMITA-
TION ON FUNDING FOR CHEMICAL WEAPONS DESTRUC-
TION FACILITY IN RUSSIA.
Section 1303 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118
Stat. 2094; 22 U.S.C. 5952 note) is amended—
(1) in subsection (a), by striking ‘‘shall not apply for a
calendar year for which the President submits to Congress
a written certification’’ and inserting the following: ‘‘shall not
apply for a calendar year to the chemical weapons destruction
facility that is (as of 2006) under construction at Shchuch’ye
in the Russian Federation, if the President submits to Congress
a written certification, for the calendar year concerned,’’; and
(2) in subsection (b), by striking ‘‘shall expire’’ and all
that follows through the period at the end and inserting ‘‘is
not effective for calendar years after calendar year 2011.’’.
SEC. 1304. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION
OF PROLIFERATION OF BIOLOGICAL WEAPONS.
(a) STUDY REQUIRED.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall enter
into an arrangement with the National Academy of Sciences under
which the Academy shall carry out a study to identify areas for
further cooperation with Russia and other states of the former
Soviet Union under the Cooperative Threat Reduction (CTR) pro-
gram of the Department of Defense in the specific area of prevention
of proliferation biological weapons.
(b) MATTERS TO BE INCLUDED IN STUDY.—The Secretary shall
provide for the study under subsection (a) to include the following:
(1) A brief review of any ongoing or previously completed
United States Government program (whether conducted
through the Cooperative Threat Reduction program or other-
wise) in the area of prevention of proliferation of biological
weapons.
(2) An identification of further cooperative work between
the United States Government and foreign governments,
including technical scientific cooperation, that could effectively
be pursued in the area of prevention of proliferation of biological
weapons and the objectives that such work would be designed
to achieve.
(3) An identification of any obstacles to designing and
implementing a nonproliferation program (whether conducted
through the Cooperative Threat Reduction program or other-
wise) that could successfully accomplish the objectives identified
pursuant to paragraph (2), together with recommendations for
overcoming such obstacles, including recommendations in the
area of coordination among relevant United States Government
departments and agencies.
(c) REPORT.—
(1) SECRETARY
OF
DEFENSE
REPORT.—Not later than
December 31, 2007, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives
a report on the study carried out under subsection (a).
(2) MATTERS TO BE INCUDED.—The report under paragraph
(1) shall incude the following:
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(A) The results of the study carried out under sub-
section (a), including any report received from the National
Academy of Sciences on such study.
(B) An assessment of the study by the Secretary.
(C) an action plan for implementing the recommenda-
tions from the study, if any, that the Secretary has decided
to pursue.
(3) FORM OF SUBMITTAL.—The report under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(d) FUNDING.—Of the amounts made available pursuant to
the authorization of appropriations in section 301(19) for Coopera-
tive Threat Reduction programs, not more than $150,000 shall
be available to carry out this section.
TITLE XIV—MATTERS RELATED TO DE-
FENSE AGAINST TERRORISM AND RE-
LATED SECURITY MATTERS
Sec. 1401. Enhancement to authority to pay rewards for assistance in combating
terrorism.
Sec. 1402. Quarterly reports on Department of Defense response to threat posed by
improvised explosive devices.
Sec. 1403. Requirement that all military wheeled vehicles used in Iraq and Afghan-
istan outside of secure military operating bases be protected by Impro-
vised Explosive Device (IED) jammers.
Sec. 1404. Report on assessment process of Chairman of the Joint Chiefs of Staff
relating to Global War on Terrorism.
Sec. 1405. Treatment under Freedom of Information Act of certain confidential in-
formation shared with State and local personnel.
Sec. 1406. Database of emergency response capabilities.
SEC. 1401. ENHANCEMENT TO AUTHORITY TO PAY REWARDS FOR
ASSISTANCE IN COMBATING TERRORISM.
(a) INCREASE IN DELEGATION LIMITATION.—Paragraph (2) of
section 127b(c) of title 10, United States Code, is amended by
striking ‘‘$2,500’’ and inserting ‘‘$10,000’’.
(b) EXPANSION OF SENIOR OFFICERS TO WHOM COMBATANT COM-
MANDER AUTHORITY MAY BE DELEGATED.—Such paragraph is fur-
ther amended—
(1) by inserting after ‘‘deputy commander’’ the following:
‘‘, or to the commander of a command directly subordinate
to that commander,’’; and
(2) by adding at the end the following new sentence: ‘‘Such
a delegation may be made to the commander of a command
directly subordinate to the commander of a combatant command
only with the approval of the Secretary of Defense, the Deputy
Secretary of Defense, or an Under Secretary of Defense to
whom authority has been delegated under subparagraph
(1)(A).’’.
SEC. 1402. QUARTERLY REPORTS ON DEPARTMENT OF DEFENSE
RESPONSE TO THREAT POSED BY IMPROVISED EXPLO-
SIVE DEVICES.
(a) REPORTS REQUIRED.—
(1) INITIAL 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—
10 USC 113 note.
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(A) regarding the status of the threat posed to United
States and allied forces in Iraq and Afghanistan by impro-
vised explosive devices; and
(B) describing efforts being undertaken by the Depart-
ment of Defense to defeat that threat.
(2) SUPPLEMENTAL QUARTERLY REPORTS.—After the submis-
sion of the report under paragraph (1), the Secretary shall
submit to Congress a supplemental report, not later than 30
days after the end of each calendar-year quarter, to account
for every reported incident involving the detonation or discovery
of an improvised explosive device during the preceding quarter
that involved United States or allied forces in Iraq and Afghani-
stan.
(3) CLASSIFICATION OF REPORTS.—Reports under this sec-
tion shall be transmitted in an unclassified manner with a
classified annex, if necessary.
(b) JOINT IED DEFEAT ORGANIZATION AND RELATED OFFICES.—
Each report under subsection (a) shall provide the following
information regarding the joint entity in the Office of the Secretary
of Defense known as the ‘‘Joint IED Defeat Organization’’ and
those portions of all other organizational elements within the
Department of Defense that are focused on countering improvised
explosive devices:
(1) The number of Department of Defense personnel
assigned to the Joint IED Defeat Organization and each other
organizational element.
(2) The major locations to which such personnel are
assigned and the organizational structure of those elements.
(3) The projected budget of the Joint IED Defeat Organiza-
tion and those other elements relating to the counter-IED mis-
sion.
(4) The level of funding required for administrative costs
relating to the counter-IED mission.
(c) EXISTING THREAT AND COUNTER MEASURES.—Each report
under subsection (a) shall include the following information
regarding the threat posed by improvised explosive devices and
the countermeasures employed to defeat those threats:
(1) The number of improvised explosive devices being
encountered by United States and allied military personnel,
including general trends in tactics and technology used by
the enemy.
(2) Passive countermeasures employed and the success rate
of each such countermeasure.
(3) Active countermeasures employed and the success rate
of each such countermeasure.
(4) Any evidence of assistance to the enemy by foreign
countries or other entities not directly involved in fighting
United States and allied forces in Iraq and Afghanistan.
(5) A summary of data collected and reports generated
by the Department of Defense on efforts to counter improvised
explosive devices in Iraq and Afghanistan and other fronts
in the Global War on Terrorism.
(d) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION OF NEW
COUNTERMEASURES.—Each report under subsection (a) shall include
the following information regarding research, development, test,
and evaluation activities relating to new active and passive counter-
measures and any impediments to those activities:
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120 STAT. 2435
PUBLIC LAW 109–364—OCT. 17, 2006
(1) The status of any effort within the Department of
Defense to conduct research, development, test, and evaluation
of passive and active countermeasures and to accelerate the
introduction of those countermeasures into deployed units.
(2) Impediments to introduction of new passive and active
countermeasures.
(e) INTERDICTION EFFORTS.—
(1) DESCRIPTION OF INTERDICTION EFFORTS.—Each report
under subsection (a) shall identify those portions of any office
within the Department of Defense (in addition to those dis-
cussed pursuant to subsection (b)) that are focused on interdic-
tion of improvised explosive devices, together with the personnel
and funding requirements for that office (as specified in sub-
section (b)) and the success of the interdiction efforts of that
office.
(2) INTERDICTION
DEFINED.—For purposes of this sub-
section, the term ‘‘interdiction’’ includes—
(A) the development of intelligence regarding persons
and locations involved in the manufacture or deployment
of improvised explosive devices; and
(B) subsequent action against those persons or loca-
tions, including efforts to prevent emplacement of impro-
vised explosive devices.
SEC. 1403. REQUIREMENT THAT ALL MILITARY WHEELED VEHICLES
USED IN IRAQ AND AFGHANISTAN OUTSIDE OF SECURE
MILITARY OPERATING BASES BE PROTECTED BY IMPRO-
VISED EXPLOSIVE DEVICE (IED) JAMMERS.
(a) REQUIREMENT.—The Secretary of Defense shall take such
steps as necessary to ensure that by the end of fiscal year 2007
all United States military wheeled vehicles used in Iraq and
Afghanistan outside of secure military operating bases are protected
by Improvised Explosive Device (IED) jammers.
(b) FUNDING.—The Secretary shall carry out subsection (a)
using funds provided pursuant to authorizations of appropriations
in title XV.
(c) REPORT.—Not later than December 15, 2006, the Secretary
of Defense shall submit to the congressional defense committees
a report on the cost and timeline to complete compliance with
the requirement in subsection (a) that by the end of fiscal year
2007 each vehicle described in that subsection be protected by
an Improvised Explosive Device jammer.
SEC. 1404. REPORT ON ASSESSMENT PROCESS OF CHAIRMAN OF THE
JOINT CHIEFS OF STAFF RELATING TO GLOBAL WAR ON
TERRORISM.
Not later than March 1, 2007, 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 on the findings of the semiannual assessment process
relating to the Global War on Terrorism that is described in the
annex to the National Military Strategic Plan for the War on
Terrorism, issued by the Secretary of Defense on February 1, 2006,
that is designated as the Implementation and Assessment Annex
(Annex R).
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PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 1405. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF
CERTAIN CONFIDENTIAL INFORMATION SHARED WITH
STATE AND LOCAL PERSONNEL.
(a) IN GENERAL.—Chapter 3 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 130d. Treatment under Freedom of Information Act of cer-
tain confidential information shared with State
and local personnel
‘‘Confidential business information and other sensitive but
unclassified homeland security information in the possession of
the Department of Defense that is shared, pursuant to section
892 of the Homeland Security Act of 2002 (6 U.S.C. 482), with
State and local personnel (as defined in such section) shall not
be subject to disclosure under section 552 of title 5 by virtue
of the sharing of such information with such personnel.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘130d. Treatment under Freedom of Information Act of certain confidential informa-
tion shared with State and local personnel.’’.
SEC. 1406. DATABASE OF EMERGENCY RESPONSE CAPABILITIES.
The Secretary of Defense shall maintain a database of emer-
gency response capabilities that includes the following:
(1) The types of emergency response capabilities that each
State’s National Guard, as reported by the States, may be
able to provide in response to a domestic natural or manmade
disaster, both to their home States and under State-to-State
mutual assistance agreements.
(2) The types of emergency response capabilities that the
Department of Defense may be able to provide in support
of the National Response Plan’s Emergency Support Functions,
and identification of the units that provide these capabilities.
TITLE 
XV—AUTHORIZATION 
FOR 
IN-
CREASED COSTS DUE TO OPERATION
IRAQI FREEDOM AND OPERATION EN-
DURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Research, development, test, and evaluation.
Sec. 1507. Operation and maintenance.
Sec. 1508. Defense Health Program.
Sec. 1509. Classified programs.
Sec. 1510. Military personnel.
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Transfer authority.
Sec. 1513. Availability of funds.
Sec. 1514. Joint Improvised Explosive Device Defeat Fund.
Sec. 1515. Iraq Freedom Fund.
Sec. 1516. Iraq Security Forces Fund.
Sec. 1517. Afghanistan Security Forces Fund.
Sec. 1518. Submittal to Congress of Department of Defense supplemental and cost
of war execution reports.
10 USC 113 note.
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Sec. 1519. Limitation on availability of funds for certain purposes relating to Iraq.
Sec. 1520. Intelligence Community Management Account.
SEC. 1501. PURPOSE.
The purpose of this title is to authorize estimated future emer-
gency supplemental appropriations for the Department of Defense
for fiscal year 2007 to provide funds for additional costs due to
Operation Iraqi Freedom and Operation Enduring Freedom.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year
2007 for procurement accounts of the Army in amounts as follows:
(1) For aircraft procurement, $1,524,300,000
(2) For ammunition procurement, $48,591,000.
(3) For weapons and tracked combat vehicles procurement,
$3,022,836,000.
(4) For other procurement, $4,636,810,000.
(5) For missile procurement, $3,200,000.
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.
(a) NAVY.—Funds are hereby authorized to be appropriated
for fiscal year 2007 for procurement accounts for the Navy in
amounts as follows:
(1) For aircraft procurement, $389,465,000
(2) For weapons procurement, $109,400,000.
(3) For other procurement, $14,600,000.
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2007 for the procurement account for the
Marine Corps in the amount of $4,397,926,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby
authorized to be appropriated for fiscal year 2007 for the procure-
ment account for ammunition for the Navy and the Marine Corps
in the amount of $151,439,000.
SEC. 1504. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year
2007 for procurement accounts for the Air Force in amounts as
follows:
(1) For aircraft procurement, $2,174,000,000.
(2) For other procurement, $5,650,000.
SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year
2007 for the procurement account for Defense-wide in the amount
of $127,600,000.
SEC. 1506. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year
2007 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows:
(1) For the Army, $2,639,000.
(2) For the Navy, $7,856,000.
SEC. 1507. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year
2007 for the use of the Armed Forces for expenses, not otherwise
provided for, for operation and maintenance, in amounts as follows:
(1) For the Army, $28,045,387,000.
(2) For the Navy, $2,007,948,000.
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PUBLIC LAW 109–364—OCT. 17, 2006
(3) For the Marine Corps, $2,257,089,000.
(4) For the Air Force, $2,478,906,000.
(5) For Defense-wide activities, $1,544,614,000.
(6) For the Army National Guard, $221,500,000.
(7) For the Air National Guard, $2,000,000.
(8) For the Army Reserve, $500,000.
SEC. 1508. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2007 for expenses, not otherwise
provided for, the Defense Health Program, in the amount of
$869,200,000 for operation and maintenance.
SEC. 1509. CLASSIFIED PROGRAMS.
Funds are hereby authorized to be appropriated to the Depart-
ment of Defense for fiscal year 2007 for classified programs, in
the amount of $2,500,000,000.
SEC. 1510. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel accounts for fiscal year
2007 a total of $8,106,979,000.
SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be appropriated
by this Act.
SEC. 1512. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) AUTHORITY.—Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2007 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) LIMITATION.—The total amount of authorizations that
the Secretary may transfer under the authority of this section
may not exceed $2,500,000,000. The transfer authority provided
in this section is in addition to any other transfer authority
available to the Secretary of Defense.
(b) LIMITATIONS.—The authority provided by this section to
transfer authorizations—
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred;
(2) may not be used to provide authority for an item that
has been denied authorization by Congress; and
(3) may not be combined with the authority under section
1001.
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made
from one account to another under the authority of this section
shall be deemed to increase the amount authorized for the account
to which the amount is transferred by an amount equal to the
amount transferred.
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(d) NOTICE
TO CONGRESS.—A transfer may be made under
the authority of this section only after the Secretary of Defense—
(1) consults with the chairmen and ranking members of
the congressional defense committees with respect to the pro-
posed transfer; and
(2) after such consultation, notifies those committees in
writing of the proposed transfer not less than five days before
the transfer is made.
SEC. 1513. AVAILABILITY OF FUNDS.
Funds in this title shall be made available for obligation to
the Army, Navy, Marine Corps, Air Force, and Defense-wide compo-
nents by the end of the second quarter of fiscal year 2007.
SEC. 1514. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
(a) AUTHORIZATION
OF
APPROPRIATION.—Funds are hereby
authorized for fiscal year 2007 for the Joint Improvised Explosive
Device Defeat Fund in the amount of $2,100,000,000.
(b) USE OF FUNDS.—Funds appropriated pursuant to subsection
(a) shall be available to the Secretary of Defense for the purpose
of allowing the Director of the Joint Improvised Explosive Device
Defeat Organization to investigate, develop, and provide equipment,
supplies, services, training, facilities, personnel, and funds to assist
United States forces in the defeat of improvised explosive devices.
(c) TRANSFER AUTHORITY.—
(1) TRANSFERS
AUTHORIZED.—Amounts authorized to be
appropriated by subsection (a) may be transferred from the
Joint Improvised Explosive Device Defeat Fund to any of the
following accounts and funds of the Department of Defense
to accomplish the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation
accounts.
(E) Defense working capital funds.
(2) 
ADDITIONAL
TRANSFER
AUTHORITY.—The 
transfer
authority provided by paragraph (1) is in addition to any other
transfer authority available to the Department of Defense.
(3) TRANSFERS BACK TO THE FUND.—Upon determination
that all or part of the funds transferred from the Joint Impro-
vised Explosive Device Defeat Fund under paragraph (1) are
not necessary for the purpose provided, such funds may be
transferred back to the Joint Improvised Explosive Device
Defeat Fund.
(4) PRIOR NOTICE TO CONGRESSIONAL COMMITTEES.—Funds
may not be obligated from the Joint Improvised Explosive
Device Defeat Fund, or transferred under the authority pro-
vided in paragraph (1), until five days after the date on which
the Secretary of Defense notifies the congressional defense
committees in writing of the details of the proposed obligation
or transfer.
(5) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A transfer of
an amount to an account under the authority in paragraph
(1) shall be deemed to increase the amount authorized for
such account by an amount equal to the amount transferred.
(d) MANAGEMENT PLAN.—
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PUBLIC LAW 109–364—OCT. 17, 2006
(1) PLAN REQUIRED.—Not later than 60 days after the date
of the enactment of this Act, the Secretary shall submit to
the congressional defense committees a plan for the intended
management and use of the Joint Improvised Explosive Device
Defeat Fund.
(2) MATTER TO BE INCLUDED.—The plan required by para-
graph (1) shall include an update of the plan required in
the paragraph under the heading ‘‘Joint Improvised Explosive
Device Defeat Fund’’ in chapter 2 of title I of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109–
234; 120 Stat. 424), including identification of—
(A) year-to-date transfers and obligations; and
(B) projected transfers and obligations through Sep-
tember 30, 2007.
(e) QUARTERLY REPORTS.—Not later than 30 days after the
end of each fiscal-year quarter, the Secretary shall submit to the
congressional defense committees a report summarizing the detail
of any obligation or transfer of funds from the Joint Improvised
Explosive Device Defeat Fund plan required by subsection (d).
(f) DURATION
OF AUTHORITY.—Amounts appropriated to the
Fund are available for obligation or transfer from the Fund until
September 30, 2009.
SEC. 1515. IRAQ FREEDOM FUND.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal year 2007 for the Iraq Freedom Fund in the
amount of $50,000,000.
(b) TRANSFER.—
(1) TRANSFER
AUTHORIZED.—Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may
be transferred from the Iraq Freedom Fund to any accounts
as follows:
(A) Operation and maintenance accounts of the Armed
Forces.
(B) Military personnel accounts.
(C) Research, development, test, and evaluation
accounts of the Department of Defense.
(D) Procurement accounts of the Department of
Defense.
(E) Accounts providing funding for classified programs.
(F) The operating expenses account of the Coast Guard.
(2) NOTICE TO CONGRESS.—A transfer may not be made
under the authority in paragraph (1) until five days after
the date on which the Secretary of Defense notifies the congres-
sional defense committees in writing of the transfer.
(3) TREATMENT OF TRANSFERRED FUNDS.—Amounts trans-
ferred to an account under the authority in paragraph (1)
shall be merged with amounts in such account and shall be
made available for the same purposes, and subject to the same
conditions and limitations, as amounts in such account.
(4) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A transfer of
an amount to an account under the authority in paragraph
(1) shall be deemed to increase the amount authorized for
such account by an amount equal to the amount transferred.
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PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 1516. IRAQ SECURITY FORCES FUND.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal year 2007 for the Iraq
Security Forces Fund in the amount of $1,734,000,000.
(b) USE OF FUNDS.—
(1) IN
GENERAL.—Funds appropriated pursuant to sub-
section (a) shall be available to the Secretary of Defense for
the purpose of allowing the Commander, Multi-National Secu-
rity Transition Command—Iraq, to provide assistance to the
security forces of Iraq.
(2) TYPES OF ASSISTANCE AUTHORIZED.—Assistance provided
under this section may include the provision of equipment,
supplies, services, training, facility and infrastructure repair,
renovation, construction, and funding.
(3) SECRETARY OF STATE CONCURRENCE.—Assistance may
be provided under this section only with the concurrence of
the Secretary of State.
(c) AUTHORITY
IN ADDITION
TO OTHER AUTHORITIES.—The
authority to provide assistance under this section is in addition
to any other authority to provide assistance to foreign nations.
(d) TRANSFER AUTHORITY.—
(1) TRANSFERS
AUTHORIZED.—Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may
be transferred from the Iraq Security Forces Fund to any
of the following accounts and funds of the Department of
Defense to accomplish the purposes provided in subsection (b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation
accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid
account.
(2) ADDITIONAL AUTHORITY.—The transfer authority pro-
vided by paragraph (1) is in addition to any other transfer
authority available to the Department of Defense.
(3) TRANSFERS BACK TO THE FUND.—Upon determination
that all or part of the funds transferred from the Iraq Security
Forces Fund under paragraph (1) are not necessary for the
purpose provided, such funds may be transferred back to the
Iraq Security Forces Fund.
(4) PRIOR NOTICE TO CONGRESSIONAL COMMITTEES.—Funds
may not be obligated from the Iraq Security Forces Fund,
or transferred under the authority provided in paragraph (1),
until five days after the date on which the Secretary of Defense
notifies the congressional defense committees in writing of the
details of the proposed obligation or transfer.
(5) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A transfer of
an amount to an account under the authority in paragraph
(1) shall be deemed to increase the amount authorized for
such account by an amount equal to the amount transferred.
(e) CONTRIBUTIONS.—
(1) AUTHORITY TO ACCEPT CONTRIBUTIONS.—Contributions
of funds for the purposes provided in subsection (b) from any
person, foreign government, or international organization may
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PUBLIC LAW 109–364—OCT. 17, 2006
be credited to the Iraq Security Forces Fund and used for
the purposes provided in subsection (b).
(2) LIMITATION.—The Secretary may not accept a contribu-
tion under this subsection if the acceptance of the contribution
would compromise or appear to compromise the integrity of
any program of the Department of Defense.
(3) NOTIFICATION.—The Secretary shall notify the congres-
sional defense committees in writing upon the receipt and
upon the transfer of any contribution. Such notice shall delin-
eate the sources and amounts of the funds received and the
specific use of such contributions.
(f) QUARTERLY REPORTS.—Not later than 30 days after the
end of each fiscal-year quarter, the Secretary shall submit to the
congressional defense committees a report summarizing the details
of any obligation or transfer of funds from the Iraq Security Forces
Fund during the preceding quarter.
(g) DURATION
OF
AUTHORITY.—Amounts appropriated or
contributed to the Fund are available for obligation or transfer
from the Iraq Security Forces Fund until September 30, 2008.
SEC. 1517. AFGHANISTAN SECURITY FORCES FUND.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal year 2007 for the Afghani-
stan Security Forces Fund in the amount of $1,446,300,000.
(b) USE OF FUNDS.—
(1) IN
GENERAL.—Funds appropriated pursuant to sub-
section (a) shall be available to the Secretary of Defense for
the purpose of allowing the Commander, Office of Security
Cooperation—Afghanistan, to provide assistance to the security
forces of Afghanistan.
(2) TYPES OF ASSISTANCE AUTHORIZED.—Assistance provided
under this section may include the provision of equipment,
supplies, services, training, facility and infrastructure repair,
renovation, construction, and funding.
(3) SECRETARY OF STATE CONCURRENCE.—Assistance may
be provided under this section only with the concurrence of
the Secretary of State.
(c) AUTHORITY
IN ADDITION
TO OTHER AUTHORITIES.—The
authority to provide assistance under this section is in addition
to any other authority to provide assistance to foreign nations.
(d) TRANSFER AUTHORITY.—
(1) TRANSFERS
AUTHORIZED.—Subject to paragraph (2),
amounts authorized to be appropriated by subsection (a) may
be transferred from the Afghanistan Security Forces Fund to
any of the following accounts and funds of the Department
of Defense to accomplish the purposes provided in subsection
(b):
(A) Military personnel accounts.
(B) Operation and maintenance accounts.
(C) Procurement accounts.
(D) Research, development, test, and evaluation
accounts.
(E) Defense working capital funds.
(F) Overseas Humanitarian, Disaster, and Civic Aid
account.
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PUBLIC LAW 109–364—OCT. 17, 2006
(2) ADDITIONAL AUTHORITY.—The transfer authority pro-
vided by paragraph (1) is in addition to any other transfer
authority available to the Department of Defense.
(3) TRANSFERS BACK TO THE FUND.—Upon determination
that all or part of the funds transferred from the Afghanistan
Security Forces Fund under paragraph (1) are not necessary
for the purpose provided, such funds may be transferred back
to the Afghanistan Security Forces Fund.
(4) PRIOR NOTICE TO CONGRESSIONAL COMMITTEES.—Funds
may not be obligated from the Afghanistan Security Forces
Fund, or transferred under the authority provided in paragraph
(1), until five days after the date on which the Secretary of
Defense notifies the congressional defense committees in
writing of the details of the proposed obligation or transfer.
(5) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A transfer of
an amount to an account under the authority in paragraph
(1) shall be deemed to increase the amount authorized for
such account by an amount equal to the amount transferred.
(e) CONTRIBUTIONS.—
(1) AUTHORITY TO ACCEPT CONTRIBUTIONS.—Contributions
of funds for the purposes provided in subsection (b) from any
person, foreign government, or international organization may
be credited to the Afghanistan Security Forces Fund and used
for the purposes provided in subsection (b).
(2) LIMITATION.—The Secretary may not accept a contribu-
tion under this subsection if the acceptance of the contribution
would compromise or appear to compromise the integrity of
any program of the Department of Defense.
(3) NOTIFICATION.—The Secretary shall notify the congres-
sional defense committees in writing upon the receipt and
upon the transfer of any contribution. Such notice shall delin-
eate the sources and amounts of the funds received and the
specific use of such contributions.
(f) QUARTERLY REPORTS.—Not later than 30 days after the
end of each fiscal-year quarter, the Secretary shall submit to the
congressional defense committees a report summarizing the details
of any obligation or transfer of funds from the Afghanistan Security
Forces Fund during the preceding quarter.
(g) DURATION
OF
AUTHORITY.—Amounts appropriated or
contributed to the Fund are available for obligation or transfer
from the Afghanistan Security Forces Fund until September 30,
2008.
SEC. 1518. SUBMITTAL TO CONGRESS OF DEPARTMENT OF DEFENSE
SUPPLEMENTAL 
AND 
COST 
OF 
WAR 
EXECUTION
REPORTS.
Section 1221(c) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3462; 10 U.S.C.
113 note) is amended—
(1) in the subsection caption by inserting ‘‘CONGRESS AND’’
after ‘‘SUBMISSION TO’’; and
(2) by inserting ‘‘the congressional defense committees and’’
before ‘‘the Comptroller General’’.
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PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 1519. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
PURPOSES RELATING TO IRAQ.
No funds appropriated pursuant to an authorization of appro-
priations in this Act may be obligated or expended for a purpose
as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States economic control of the oil
resources of Iraq.
SEC. 1520. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
There is hereby authorized to be appropriated for the Intel-
ligence Community Management Account for fiscal year 2007 a
total of $19,265,000.
DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ‘‘Military Construction
Authorization Act for Fiscal Year 2007’’.
SEC. 2002. RECOGNITION OF REPRESENTATIVE JOEL HEFLEY UPON
HIS RETIREMENT FROM THE HOUSE OF REPRESENTA-
TIVES.
(a) FINDINGS.—Congress makes the following findings:
(1) Representative Joel Hefley was elected to represent
Colorado’s 5th Congressional district in 1986 and has served
in the House of Representatives since that time with distinction,
class, integrity, and honor.
(2) Representative Hefley has served on the Committee
on Armed Services of the House of Representatives for 18
years, including service as Chairman of the Subcommittee on
Military Installations and Facilities from 1995 through 2000
and, since 2001, as Chairman of the Subcommittee on Readi-
ness.
(3) Representative Hefley’s colleagues know him to be a
fair and effective lawmaker who works for the national interest
while never forgetting his Western roots.
(4) Representative Hefley’s efforts on the Committee on
Armed Services have been instrumental to the military value
of, and quality of life at, installations in the State of Colorado,
including Fort Carson, Cheyenne Mountain, Peterson Air Force
Base, Schriever Air Force Base, Buckley Air Force Base, and
the United States Air Force Academy.
(5) Representative Hefley was a leader in efforts to retain
and expand Fort Carson as an essential part of the national
defense system during the Defense Base Closure and Realign-
ment process.
(6) Representative Hefley has consistently advocated for
providing members of the Armed Forces and their families
with quality, safe, and affordable housing and supportive
communities.
(7) As a primary architect of the Military Housing
Privatization Initiative, Representative Hefley helped lead
Military
Construction
Authorization
Act for Fiscal
Year 2007.
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congressional efforts to establish this initiative to eliminate
inadequate housing on military installations, and the first pilot
program was located at Fort Carson.
(8) Representative Hefley’s leadership on the Military
Housing Privatization Initiative has allowed for the privatiza-
tion of more than 121,000 units of military family housing,
which brought meaningful improvements to living conditions
for thousands of members of the Armed Forces and their
spouses and children at installations throughout the United
States.
(b) RECOGNITION.—Congress recognizes and commends Rep-
resentative Joel Hefley for his 20 years of service to benefit the
people of Colorado, members of the Armed Forces and their families,
veterans, and the United States.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects
Sec. 2102. Family housing
Sec. 2103. Improvements to military family housing units
Sec. 2104. Authorization of appropriations, Army
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(1), the Secretary of the Army may acquire real property
and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
State
Installation or Location
Amount
Alabama ..............................
Redstone Arsenal ..................................
$24,300,000
Alaska .................................
Fort Richardson ....................................
$72,300,000
Fort Wainwright ...................................
$8,800,000
Fort Irwin ..............................................
$18,200,000
Fort Carson ...........................................
$30,800,000
Fort Gillem ............................................
$15,000,000
Fort Stewart/Hunter Army Air Field ..
$95,300,000
Hawaii .................................
Schofield Barracks ................................
$54,500,000
Kansas .................................
Fort Leavenworth .................................
$23,200,000
Fort Riley ..............................................
$47,400,000
Kentucky .............................
Blue Grass Army Depot .......................
$3,500,000
Fort Campbell .......................................
$135,300,000
Louisiana ............................
Fort Polk ...............................................
$15,900,000
Maryland .............................
Aberdeen Proving Ground ...................
$8,800,000
Fort Detrick ..........................................
$12,400,000
Michigan .............................
Detroit Arsenal .....................................
$18,500,000
Missouri ..............................
Fort Leonard Wood ...............................
$34,500,000
New Jersey .........................
Picatinny Arsenal .................................
$9,900,000
New York ............................
Fort Drum .............................................
$218,600,000
North Carolina ...................
Fort Bragg .............................................
$96,900,000
Sunny Point Military Ocean Terminal
$46,000,000
Oklahoma ............................
McAlester Army Ammunition Plant ...
$3,050,000
Pennsylvania ......................
Letterkenny Depot ................................
$7,500,000
Texas ...................................
Corpus Christi Army Depot .................
$12,200,000
Fort Bliss ...............................................
$8,200,000
Fort Hood ..............................................
$93,000,000
Red River Depot ...................................
$6,000,000
Utah ....................................
Dugway Proving Ground ......................
$14,400,000
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Army: Inside the United States—Continued
State
Installation or Location
Amount
Virginia ...............................
Fort Belvoir ...........................................
$27,000,000
Army: Inside the United States
State
Installation or Location
Amount
Alabama .............................................
Redstone Arsenal ...................
$24,300,000
Alaska ................................................
Fort Richardson .....................
$72,300,000
Fort Wainwright ....................
$8,800,000
California ...........................................
Fort Irwin ...............................
$18,200,000
Colorado .............................................
Fort Carson ............................
$30,800,000
Georgia ...............................................
Fort Gillem .............................
$15,000,000
Fort Stewart/Hunter Army
Air Field.
$95,300,000
Hawaii ................................................
Schofield Barracks .................
$54,500,000
Kansas ...............................................
Fort Leavenworth ..................
$23,200,000
Fort Riley ...............................
$47,400,000
Kentucky ............................................
Blue Grass Army Depot ........
$3,500,000
Fort Campbell ........................
$135,300,000
Louisiana ...........................................
Fort Polk .................................
$15,900,000
Maryland ...........................................
Aberdeen Proving Ground .....
$8,800,000
Fort Detrick ............................
$12,400,000
Michigan ............................................
Detroit Arsenal ......................
$18,500,000
Missouri .............................................
Fort Leonard Wood ................
$34,500,000
New Jersey ........................................
Picatinny Arsenal ..................
$9,900,000
New York ...........................................
Fort Drum ..............................
$218,600,000
North Carolina ..................................
Fort Bragg ..............................
$96,900,000
Sunny Point Military Ocean
Terminal.
$46,000,000
Oklahoma ..........................................
McAlester Army Ammunition
Plant.
$3,050,000
Pennsylvania .....................................
Letterkenny Depot .................
$7,500,000
Texas ..................................................
Corpus Christi Army Depot ..
$12,200,000
Fort Bliss ................................
$8,200,000
Fort Hood ...............................
$93,000,000
Red River Depot .....................
$6,000,000
Utah ...................................................
Dugway Proving Ground .......
$14,400,000
Virginia ..............................................
Fort Belvoir ............................
$27,000,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real property
and carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Army: Outside the United States
Country
Installation or Location
Amount
Germany ..........................................
Grafenwoehr .............................
$157,632,000
Vilseck ......................................
$19,000,000
Italy ..................................................
Vicenza .....................................
$223,000,000
Japan ................................................
Camp Hansen ..........................
$7,150,000
Korea ................................................
Camp Humphreys ....................
$61,600,000
Yongpyong ................................
$7,400,000
Romania ...........................................
Babadag Range ........................
$34,800,000
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PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 2102. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number of units,
and in the amounts set forth in the following table:
Army: Family Housing
State
Installation or Loca-
tion
Units
Amount
Alaska ................................
Fort Richardson ................
162
$70,000,000
Fort Wainwright ...............
234
$132,000,000
Arizona ..............................
Fort Huachuca ..................
119
$32,000,000
Arkansas ............................
Pine Bluff Arsensal ..........
10
$2,900,000
Wisconsin ...........................
Fort McCoyine ..................
13
$4,900,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(5)(A), the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units
in an amount not to exceed $16,332,000.
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(5)(A), the Secretary of the Army may
improve existing military family housing units in an amount not
to exceed $320,659,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2006, for military construction, land acquisition, and
military family housing functions of the Department of the Army
in the total amount of $3,518,450,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,362,200,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $510,582,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$23,930,000.
(4) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$219,830,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $578,791,000.
(B) For support of military family housing (including
the functions described in section 2833 of title 10, United
States Code), $675,617,000.
(6) For the construction of increment 2 of a barracks com-
plex at Fort Drum, New York, authorized by section 2101(a)
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PUBLIC LAW 109–364—OCT. 17, 2006
of the Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109–163; 119 Stat. 3485),
$16,500,000.
(7) For the construction of increment 2 of a barracks com-
plex for the 2nd Brigade at Fort Bragg, North Carolina, author-
ized by section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2006 (division B of Public Law 109–
163; 119 Stat. 3485), $31,000,000.
(8) For the construction of increment 2 of a barracks com-
plex for the 3rd Brigade at Fort Bragg, North Carolina, author-
ized by section 2101(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2006 (division B of Public Law 109–
163; 119 Stat. 3485), $50,000,000.
(9) For the construction of increment 2 of a barracks com-
plex for divisional artillery at Fort Bragg, North Carolina,
authorized by section 2101(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109–163; 119 Stat. 3485), $37,000,000.
(10) For the construction of increment 2 of a defense access
road at Fort Belvoir, Virginia, authorized by section 2101(a)
of the Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109–163; 119 Stat. 3486),
$13,000,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2101 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $306,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a brigade complex
for Fort Lewis, Washington).
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 2004, 2005, and
2006 projects.
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(1), the Secretary of the Navy may acquire real property
and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
State
Installation or Location
Amount
Arizona ..................................
Marine Corps Air Station, Yuma ..
$5,966,000
California ..............................
Marine Corps Air Station, Camp
Pendleton.
$6,412,000
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PUBLIC LAW 109–364—OCT. 17, 2006
Navy: Inside the United States—Continued
State
Installation or Location
Amount
Marine 
Corps 
Air 
Station,
Miramar.
$2,968,000
Marine Corps Base, Camp Pen-
dleton.
$106,142,000
Marine Corps Base, Twentynine
Palms.
$27,217,000
Naval Air Station, North Island ...
$21,535,000
Naval Support Activity, Monterey
$7,380,000
Connecticut ...........................
Naval Submarine Base, New Lon-
don.
$9,580,000
Florida ..................................
Cape Canaveral ..............................
$9,900,000
Naval Air Station, Pensacola ........
$13,486,000
Georgia .................................
Marine Corps Logistics Base, Al-
bany.
$70,540,000
Navy/Naval 
Submarine 
Base,
Kings Bay.
$20,282,000
Hawaii ..................................
Naval Base, Pearl Harbor .............
$48,338,000
Naval Magazine, Pearl Harbor .....
$6,010,000
Naval Shipyard, Pearl Harbor ......
$22,000,000
Indiana .................................
Naval Support Activity, Crane ......
$6,730,000
Maine ....................................
Portsmouth Naval Shipyard ..........
$9,650,000
Maryland ..............................
Naval Air Station, Patuxent River
$16,316,000
NMIC/Naval 
Support 
Activity,
Suitland.
$67,939,000
Mississippi ............................
Naval Air Station, Meridian ..........
$5,870,000
Nevada ..................................
Naval Air Station, Fallon ..............
$7,730,000
North Carolina .....................
Marine Corps Air Station, Cherry
Point.
$2,790,000
Marine Corps Air Station, New
River.
$21,500,000
Marine 
Corps 
Base, 
Camp
Lejeune.
$160,904,000
Rhode Island ........................
Naval Station, Newport .................
$3,308,000
South Carolina .....................
Marine Corps Air Station, Beau-
fort.
$25,575,000
Virginia .................................
Marine Corps Base, Quantico .......
$30,628,000
Naval Shipyard, Norfolk ................
$34,952,000
Naval Special Weapons Center,
Dahlgren.
$9,850,000
Naval Station, Norfolk ...................
$12,062,000
Naval Support Activity, Norfolk ...
$41,712,000
Washington ...........................
Naval Air Station, Whidbey Island
$67,303,000
Naval Base, Kitsap ........................
$17,617,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real property
and carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Navy: Outside the United States
Country
Installation or Location
Amount
Diego Garcia ....................
Diego Garcia ........................................
$37,473,000
Italy ..................................
Naval Air Station, Sigonella ...............
$13,051,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(3), the Secretary of the Navy may acquire real property
and carry out military construction projects for unspecified installa-
tions or locations in the amount set forth in the following table:
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Navy: Unspecified Worldwide
Location
Project
Amount
...........................................
Helicopter Support Facility ................
$12,185,000
SEC. 2202. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2204(a)(6)(A), the Secretary of the Navy may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations, in the number of units, and in the
amounts set forth in the following table:
Navy: Family Housing
Location
Installation
Units
Amount
California ................
Marine Corps Log. Base, Bar-
stow.
74 ........
$27,851,000
Guam .......................
Naval Station/Base, Guam .........
176 ......
$98,174,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(6)(A), the Secretary of the Navy may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of military family
housing units in an amount not to exceed $2,785,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(a)(6)(A), the Secretary of the Navy may
improve existing military family housing units in an amount not
to exceed $180,146,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2006, for military construction, land acquisition, and
military family housing functions of the Department of the Navy
in the total amount of $2,109,367,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $832,982,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $50,524,000.
(3) For military construction projects at unspecified world-
wide locations authorized by section 2201(c), $12,185,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$8,939,000.
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$70,861,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $308,956,000.
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PUBLIC LAW 109–364—OCT. 17, 2006
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $509,126,000.
(7) For the construction of increment 2 of a reclamation
and conveyance project for Marine Corps Base, Camp Pen-
dleton, California, authorized by section 2201(a) of the Military
Construction Authorization Act of Fiscal Year 2006 (division
B of Public Law 109–163; 119 Stat. 3490), as amended by
section 2205(c) of this Act, $33,290,000.
(8) For the construction of increment 2 of a helicopter
hangar replacement at Naval Air Station, Jacksonville, Florida,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109–163; 119 Stat. 3489), $43,250,000.
(9) For the construction of increment 2 of recruit training
barracks infrastructure upgrades at Recruit Training Com-
mand, Great Lakes, Illinois, authorized by section 2201(a) of
the Military Construction Authorization Act for Fiscal Year
2006 (division B of Public Law 109–163; 119 Stat. 3490),
$23,589,000.
(10) For the construction of increment 2 of a field house
at the United States Naval Academy, Annapolis, Maryland,
authorized by section 2201(a) of the Military Construction
Authorization Act of Fiscal Year 2006 (division B of Public
Law 109–163; 119 Stat. 3490), $26,685,000.
(11) For the construction of increment 2 of the replacement
of Ship Repair Pier 3 at Naval Support Activity, Norfolk Naval
Shipyard, Virginia, authorized by section 2201(a) of the Military
Construction Authorization Act of Fiscal Year 2006 (division
B of Public Law 109–163; 119 Stat. 3490), $30,939,000.
(12) For the construction of increment 2 of an addition
to Hockmuth Hall, Marine Corps Base, Quantico, Virginia,
authorized by section 2201(a) of the Military Construction
Authorization Act of Fiscal Year 2006 (division B of Public
Law 109–163; 119 Stat. 3490), $10,159,000.
(13) For the construction of increment 2 of wharf upgrades
at Naval Station Guam, Marianas Islands, authorized by sec-
tion 2201(b) of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109–163; 119
Stat. 3490), $29,772,000.
(14) For the construction of increment 2 of wharf upgrades
at Yokosuka, Japan, authorized by section 2201(b) of the Mili-
tary Construction Authorization Act of Fiscal Year 2006 (divi-
sion B of Public Law 109–163; 119 Stat. 3490), $44,360,000.
(15) For the construction of increment 2 of bachelor quar-
ters at Naval Station, Everett, Washington, authorized by sec-
tion 2201(a) of the Military Construction Authorization Act
of Fiscal Year 2006 (division B of Public Law 109–163; 119
Stat. 3490), $20,917,000.
(16) For the construction of increment 3 of the limited
area production and storage complex at Strategic Weapons
Facility Pacific, Bangor, Washington, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108–375; 118 Stat.
2105), as amended by section 2206 of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109–163; 119 Stat. 3493, $14,274,000.
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(17) For the construction of the next increment of the
outlaying landing field facilities at Washington County, North
Carolina, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108–136; 117 Stat. 1704), as amended by
section 2205(a) of this Act, $7,926,000.
(18) For the construction of increment 4 of pier 11 replace-
ment at Naval Station, Norfolk, Virginia, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat.
1704), $30,633,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2201 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1), (2), and (3) of subsection (a).
(2) $56,159,000 (the balance of the amount authorized
under section 2201(a) for construction of an addition to the
National Maritime Intelligence Center, Suitland, Maryland).
(3) $31,153,000 (the balance of the amount authorized
under section 2201(a) to recapitalize Hangar 5 at Naval Air
Station, Whidbey Island, Washington).
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2004, 2005, AND 2006 PROJECTS.
(a) FISCAL YEAR 2004 INSIDE THE UNITED STATES PROJECT.—
(1) MODIFICATION.—The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108–136; 117 Stat. 1704), as amended
by section 2205 of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109–163; 119
Stat. 3492), is amended—
(A) at the end of the items relating to North Carolina,
by inserting a new item entitled ‘‘Navy Outlying Landing
Field, 
Washington 
County’’ 
in 
the 
amount 
of
‘‘$193,260,000’’;
(B) by striking the item relating to Various Locations,
CONUS; and
(C) by striking the amount identified as the total in
the amount column and inserting ‘‘$1,489,424,000’’.
(2) CONFORMING AMENDMENTS.—Section 2204(b)(6) of that
Act (117 Stat. 1706) is amended—
(A) 
by 
striking 
‘‘$28,750,000’’ 
and 
inserting
‘‘$165,650,000’’; and
(B) by striking ‘‘outlying landing field facilities, various
locations in the continental United States’’ and inserting
‘‘an outlying landing field in Washington County, North
Carolina’’.
(b) FISCAL YEAR 2005 INSIDE THE UNITED STATES PROJECT.—
(1) MODIFICATION.—The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108–375; 118 Stat. 2105), as amended
by section 2206 of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109–163; 119
Stat. 3493), is amended—
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(A) by striking the item relating to Navy Outlying
Landing Field, Washington County, North Carolina; and
(B) by striking the amount identified as the total in
the amount column and inserting ‘‘$825,479,000’’.
(2) CONFORMING AMENDMENTS.—Section 2204 of that Act
(118 Stat. 2107), as amended by section 2206 of the Military
Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109–163; 119 Stat. 3493), is amended—
(A) in subsection (a)—
(i) in paragraph (1), by striking ‘‘$752,927,000’’
and inserting ‘‘722,927,000’’; and
(ii) by adding at the end the following new para-
graph:
‘‘(10) For the construction of increment 2 of the Navy
outlying landing field in Washington County, North Carolina,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108–136; 117 Stat. 1704), as amended by section 2205(a)
of the Military Construction Authorization Act for Fiscal Year
2007, $30,000,000.’’; and
(B) in subsection (b), by striking paragraph (3).
(c) FISCAL YEAR 2006 INSIDE THE UNITED STATES PROJECT.—
(1) MODIFICATION.—The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109–163; 119 Stat. 3489) is amended
in the item related to Marine Corps Base, Camp Pendleton,
California, by striking ‘‘$90,437,000’’ in the amount column
and inserting ‘‘$86,006,000’’.
(2) CONFORMING AMENDMENTS.—Section 2204(b)(2) of that
Act (119 Stat. 3492) is amended by striking ‘‘$37,721,000’’ and
inserting ‘‘$33,290,000’’.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year 2006 project.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Air Force: Inside the United States
State
Installation or Location
Amount
Alaska ......................
Eielson Air Force Base ............................
$38,300,000
Elmendorf Air Force Base .......................
$68,100,000
Arizona ....................
Davis-Monthan Air Force Base ...............
$11,800,000
Arkansas .................
Little Rock Air Force Base ......................
$9,800,000
California ................
Beale Air Force Base ...............................
$28,000,000
Travis Air Force Base ..............................
$85,800,000
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Air Force: Inside the United States—Continued
State
Installation or Location
Amount
Colorado ..................
Buckley Air Force Base ...........................
$10,700,000
Peterson Air Force Base ..........................
$4,900,000
Schriever Air Force Base .........................
$21,000,000
Delaware .................
Dover Air Force Base ...............................
$30,400,000
Florida .....................
Eglin Air Force Base ................................
$30,350,000
Hurlburt Field ..........................................
$32,950,000
MacDill Air Force Base ...........................
$71,000,000
Tyndall Air Force Base ............................
$8,200,000
Georgia ....................
Robins Air Force Base .............................
$59,600,000
Hawaii .....................
Hickam Air Force Base ............................
$28,538,000
Illinois .....................
Scott Air Force Base ................................
$28,200,000
Kansas .....................
McConnell Air Force Base .......................
$3,875,000
Kentucky .................
Fort Knox ..................................................
$3,500,000
Maryland .................
Andrews Air Force Base ..........................
$29,000,000
Massachusetts .........
Hanscom Air Force Base .........................
$12,400,000
Missouri ...................
Whiteman Air Force Base .......................
$3,800,000
Montana ..................
Malmstrom Air Force Base .....................
$5,700,000
Nevada ....................
Indian Springs Auxiliary Field ...............
$49,923,000
New Jersey ..............
McGuire Air Force Base ..........................
$28,500,000
New Mexico .............
Kirtland Air Force Base ..........................
$11,400,000
North Dakota ..........
Minot Air Force Base ...............................
$9,000,000
Oklahoma ................
Altus Air Force Base ................................
$9,500,000
Tinker Air Force Base .............................
$5,700,000
South Carolina ........
Charleston Air Force Base ......................
$10,200,000
Shaw Air Force Base ...............................
$31,500,000
South Dakota ..........
Ellsworth Air Force Base ........................
$3,000,000
Texas .......................
Fort Bliss ..................................................
$8,500,000
Lackland Air Force Base .........................
$13,200,000
Laughlin Air Force Base ..........................
$12,600,000
Sheppard Air Force Base .........................
$7,000,000
Utah .........................
Hill Air Force Base ..................................
$63,400,000
Virginia ...................
Langley Air Force Base ...........................
$57,700,000
Washington .............
Fairchild Air Force Base .........................
$4,250,000
Wyoming .................
Francis E. Warren Air Force Base .........
$11,000,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real property
and carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following table:
Air Force: Outside the United States
Country
Installation or Location
Amount
Germany ..........................
Ramstein Air Base ..............................
$53,150,000
Guam ...............................
Andersen Air Base ..............................
$65,300,000
Korea ...............................
Kunsan Air Base .................................
$37,360,000
Osan Air Base ......................................
$2,156,000
(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(3), the Secretary of the Air Force may acquire real property
and carry out military construction projects for unspecified installa-
tions or locations in the amount set forth in the following table:
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Air Force: Unspecified Worldwide
Location
Installation or Location
Amount
Worldwide Classified ......
Classified Project 1 ..............................
$3,377,000
Classified Project 2 ..............................
$4,600,000
Classified Project 3 ..............................
$1,700,000
SEC. 2302. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may construct or
acquire family housing units (including land acquisition and sup-
porting facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following table:
Air Force: Family Housing
State or Country
Installation or Location
Units
Amount
Alaska .......................
Eielson Air Force Base ...............
129 ....
$87,414,000
Idaho .........................
Mountain Home Air Force Base
457 ....
$107,800,000
Missouri ....................
Whiteman Air Force Base ..........
116 ....
$39,270,000
Montana ....................
Malmstrom Air Force Base ........
493 ....
$140,252,000
North Carolina .........
Seymour 
Johnson 
Air 
Force
Base.
56 ......
$22,956,000
North Dakota ...........
Minot Air Force Base ..................
575 ....
$170,188,000
Texas .........................
Dyess Air Force Base ..................
199 ....
$49,215,000
Germany ...................
Ramstein Air Base ......................
101 ....
$59,488,000
Spangdahlem Air Base ...............
60 ......
$39,294,000
United Kingdom .......
Royal Air Force Lakenheath ......
74 ......
$35,282,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities
with respect to the construction or improvement of military family
housing units in an amount not to exceed $13,202,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(a)(6)(A), the Secretary of the Air Force
may improve existing military family housing units in an amount
not to exceed $403,777,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2006, for military construction, land acquisition, and
military family housing functions of the Department of the Air
Force in the total amount of $3,231,442,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $962,286,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $157,966,000.
(3) For military construction projects at unspecified world-
wide locations authorized by section 2301(c), $9,677,000.
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(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$15,000,000.
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$79,004,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $1,168,138,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $755,071,000.
(7) For the construction of increment 2 of the C–17 mainte-
nance complex at Elmendorf Air Force Base, Alaska, authorized
by section 2301(a) of the Military Construction Authorization
Act for Fiscal Year 2006 (division B of Public Law 109–163;
119 Stat. 3494), $30,000,000.
(8) For the construction of increment 2 of the main base
runway at Edwards Air Force Base, California, authorized by
section 2301(a) of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109–163; 119
Stat. 3494), $31,000,000.
(9) For the construction of increment 2 of the CENTCOM
Joint Intelligence Center at MacDill Air Force Base, Florida,
authorized by section 2301(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109–163; 119 Stat. 3494), as amended by section 2305
of this Act, $23,300,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2301 of this Act may not exceed the total amount authorized to
be appropriated under paragraphs (1), (2), and (3) of subsection
(a).
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2006 PROJECT.
(a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT.—
The table in section 2301(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2006 (division B of Public Law 109–163;
119 Stat. 3494) is amended in the item relating to MacDill Air
Force Base, Florida, by striking ‘‘$107,200,000’’ in the amount
column and inserting ‘‘$101,500,000’’.
(b) CONFORMING AMENDMENT.—Section 2304(b)(4) of that Act
(119 Stat. 3496) is amended by striking ‘‘$29,000,000’’ and inserting
‘‘$23,300,000’’.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out certain fiscal year 2006 project.
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SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(1), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following tables:
Defense Education Activity
State
Installation or Location
Amount
Kentucky .........
Fort Knox ..............................................................
$18,108,000
Defense Logistics Agency
State
Installation or Location
Amount
Arizona ............
Marine Corps Air Station, Yuma ........................
$8,715,000
California ........
Beale Air Force Base ............................................
$9,000,000
Pennsylvania ..
Defense Distribution Depot, New Cumberland
$8,900,000
Viginia ............
Fort Belvoir ...........................................................
$5,500,000
Washington .....
Naval Air Station, Whidbey Island .....................
$26,000,000
Special Operations Command
State
Installation or Location
Amount
California ........
Marine Corps Base, Camp Pendleton .................
$24,400,000
Colorado ..........
Fort Carson ...........................................................
$26,100,000
Florida ............
Hurlburt Field ......................................................
$14,482,000
MacDill Air Force Base ........................................
$27,300,000
Kentucky .........
Fort Campbell .......................................................
$24,500,000
Mississippi ......
Stennis Space Center ...........................................
$10,200,000
North Carolina
Fort Bragg .............................................................
$51,768,000
Marine Corps Base, Camp Lejeune ....................
$51,600,000
Pope Air Force Base .............................................
$15,276,000
Virginia ...........
Naval Air Base, Little Creek ...............................
$22,000,000
TRICARE Management Activity
State
Installation or Location
Amount
Alaska .............
Fort Richardson ....................................................
$37,200,000
California ........
Fort Irwin .............................................................
$6,050,000
Florida ............
MacDill Air Force Base ........................................
$92,000,000
Naval Hospital, Jacksonville ...............................
$16,000,000
Hawaii .............
Naval Base, Pearl Harbor ....................................
$7,700,000
Illinois .............
Naval Hospital, Great Lakes ...............................
$20,000,000
Maryland ........
Fort Detrick ..........................................................
$550,000,000
New York ........
Fort Drum .............................................................
$9,700,000
Texas ...............
Fort Hood ..............................................................
$18,000,000
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(2), the Secretary of Defense may acquire real property
and carry out military construction projects for the installations
or locations outside the United States, and in the amounts, set
forth in the following tables:
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Defense Education Activity
Country
Installation or Location
Amount
Italy ......................
Vicenza .............................................................
$47,210,000
Korea ....................
Osan Air Base ..................................................
$4,589,000
Spain ....................
Naval Station, Rota .........................................
$23,048,000
Defense Logistics Agency
Country or Possession
Installation or Location
Amount
Japan ..........................................................
Okinawa .............................
$5,000,000
Wake Island ...............................................
Wake Island .......................
$2,600,000
Missile Defense Agency
Country or Possession
Installation or Location
Amount
Kwajalein .............................
Kwajalein Atoll
$7,592,000
Special Operations Command
Country
Installation or Location
Amount
Qatar ................................
Al Udeid AB .........................................
$44,500,000
TRICARE Management Activity
Country
Installation or Location
Amount
Italy ..................................
Vicenza .................................................
$52,000,000
SEC. 2402. FAMILY HOUSING.
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section
2405(a)(9)(A), the Secretary of Defense may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the location, in the number of units, and in the amount
set forth in the following table:
Defense Logistics Agency: Family Housing
State
Location
Units
Amount
Virginia ...................
Defense Supply Center, Rich-
mond.
25 ........
$7,840,000
(b) PLANNING
AND
DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(9)(A), the Secretary of Defense may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of military family
housing units in an amount not to exceed $200,000.
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SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(6), the Secretary of Defense may
carry out energy conservation projects under section 2865 of title
10, United States Code, in the amount of $55,000,000.
SEC. 2404. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVI-
TIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 2005.
(a) AUTHORIZED
ACTIVITIES.—Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(8), the Secretary of Defense may carry out base closure
and realignment activities, including real property acquisition and
military construction projects, as authorized by the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note) and funded through
the Department of Defense Base Closure Account 2005 established
by section 2906A of such Act, in the amount of $5,902,723,000.
(b) 
CONFORMING
AMENDMENTS
TO
FISCAL
YEAR
2006
AUTHORIZATIONS.—
(1) AUTHORIZED
ACTIVITIES.—Title XXIV of the Military
Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109–163; 119 Stat. 3496) is amended by adding
at the end the following new section:
‘‘SEC. 2404. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVI-
TIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 2005.
‘‘Using amounts appropriated pursuant to the authorization
of appropriations in section 2403(a)(7), the Secretary of Defense
may carry out base closure and realignment activities, including
real property acquisition and military construction projects, as
authorized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687
note) and funded through the Department of Defense Base Closure
Account 2005 established by section 2906A of such Act, in the
amount of $2,035,466,000.’’.
(2) AUTHORIZATION OF APPROPRIATIONS AND LIMITATIONS.—
Section 2403 of that Act (119 Stat. 3499) is amended—
(A) in subsection (a)(7)—
(i) by striking ‘‘as authorized by the Defense Base
Closure and Realignment Act of 1990 (part A of title
XXIX of Public Law 101–510; 10 U.S.C. 2687 note)’’
and inserting ‘‘authorized by section 2404 of this Act’’;
and
(ii) by striking ‘‘section 2906 of such Act’’ and
inserting ‘‘section 2906A of the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX
of Public Law 101–510; 10 U.S.C. 2687 note)’’;
(B) by redesignating subsection (c) as subsection (d);
and
(C) by inserting after subsection (b) the following new
subsection (c):
‘‘(c) LIMITATION
ON
TOTAL
COST
OF
BASE
CLOSURE
AND
REALIGNMENT ACTIVITIES.—Notwithstanding the cost variations
authorized by section 2853 of title 10, United States Code, and
any other cost variation authorized by law, the total cost of all
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base closure and realignment activities, including real property
acquisition and military construction projects, carried out under
section 2404 of this Act may not exceed the sum of the following:
‘‘(1) The total amount authorized to be appropriated under
subsection (a)(7).
‘‘(2) $531,000,000 (the balance of the amount authorized
under section 2404 for base closure and realignment activi-
ties).’’.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2006, for
military construction, land acquisition, and military family housing
functions of the Department of Defense (other than the military
departments) in the total amount of $7,163,431,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $533,099,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $170,789,000.
(3) For unspecified minor military construction projects
under section 2805 of title 10, United States Code, $21,672,000.
(4) For contingency construction projects of the Secretary
of Defense under section 2804 of title 10, United States Code,
$10,000,000.
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code,
$172,950,000.
(6) For energy conservation projects authorized by section
2403 of this Act, $55,000,000.
(7) For base closure and realignment activities as author-
ized by the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note) and funded through the Department of Defense
Base Closure Account 1990 established by section 2906 of such
Act, $191,220,000.
(8) For base closure and realignment activities authorized
by section 2404 of this Act and funded through the Department
of Defense Base Closure Account 2005 established by section
2906A of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note), $5,236,223,000.
(9) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $8,808,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United States
Code), $48,506,000.
(C) For credit to the Department of Defense Family
Housing 
Improvement 
Fund 
established 
by 
section
2883(a)(1) of title 10, United States Code, $2,500,000.
(10) For the construction of increment 2 of the regional
security operations center at Augusta, Georgia, authorized by
section 2401(a) of the Military Construction Authorization Act
of Fiscal Year 2006 (division B of Public Law 109–163; 119
Stat. 3497), as amended by section 7016 of Public Law 109–
234 (120 Stat. 485), $77,118,000.
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PUBLIC LAW 109–364—OCT. 17, 2006
(11) For the construction of increment 2 of the regional
security operations center at Kunia, Hawaii, authorized by
section 2401(a) of the Military Construction Authorization Act
of Fiscal Year 2006 (division B of Public Law 109–163; 119
Stat. 3497), as amended by section 7017 of Public Law 109–
234 (120 Stat. 485), $47,016,000.
(12) For the construction of increment 2 of the classified
material conversion facility at Fort Meade, Maryland, author-
ized by section 2401(a) of the Military Construction Authoriza-
tion Act of Fiscal Year 2006 (division B of Public Law 109–
163; 119 Stat. 3497), $11,151,000.
(13) For the construction of increment 2 of an operations
building, Royal Air Force Menwith Hill Station, United
Kingdom, authorized by section 2401(b) of the Military
Construction Authorization Act of Fiscal Year 2006 (division
B of Public Law 109–163; 119 Stat. 3498), as amended by
section 2406 of this Act, $46,386,000.
(14) For the construction of the second increment of certain
base closure and realignment activities authorized by section
2404 of the Military Construction Authorization Act of Fiscal
Year 2006 (division B of Public Law 109–163; 119 Stat. 3500),
as added by section 2404(b) of this Act, $390,000,000.
(15) For the construction of increment 7 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106–65; 113 Stat. 835), as amended by section 2405 of
the Military Construction Authorization Act of 2002 (division
B of Public Law 107–107; 115 Stat. 1298), and section 2405
of the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107–314; 116 Stat. 2698),
$99,157,000.
(16) For the construction of increment 8 of a munitions
demilitarization facility at Pueblo Chemical Activity, Colorado,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 1997 (division B of Public
Law 104–201; 110 Stat. 2775), as amended by section 2406
of the Military Construction Authorization Act for Fiscal Year
2000 (division B of Public Law 106–65; 113 Stat. 839), and
section 2407 of the Military Construction Authorization Act
for Fiscal Year 2003 (division B of Public Law 107–314; 116
Stat. 2698), $41,836,000.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section
2401 of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $46,400,000 (the balance of the amount authorized
under section 2401(a) for construction of a health clinic at
MacDill Air Force Base, Florida).
(3) $521,000,000 (the balance of the amount authorized
under section 2401(a) for stage 1 of the replacement of the
Army Medical Research Institute of Infectious Diseases at Fort
Detrick, Maryland).
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(c) LIMITATION ON TOTAL COST OF BASE CLOSURE AND REALIGN-
MENT ACTIVITIES.—Notwithstanding the cost variations authorized
by section 2853 of title 10, United States Code, and any other
cost variation authorized by law, the total cost of all base closure
and realignment activities, including real property acquisition and
military construction projects, carried out under section 2404(a)
of this Act may not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
subsection (a)(8).
(2) $666,500,000 (the balance of the amount authorized
under section 2404(a) for base closure and realignment activi-
ties).
(d) CONGRESSIONAL NOTIFICATION REGARDING BASE CLOSURE
AND REALIGNMENT ACTIVITIES.—Not later than 14 days after the
date on which funds appropriated pursuant to the authorization
of appropriations in subsection (a)(8) are first obligated for a par-
ticular program, project, or activity, the Secretary of Defense shall
submit to the congressional defense committees a report describing
the program, project, or activity.
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2006 PROJECT.
(a) MODIFICATION OF OUTSIDE THE UNITED STATES NATIONAL
SECURITY AGENCY PROJECT.—The table relating to the National
Security Agency in section 2401(b) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public Law
109–163; 119 Stat. 3498) is amended in the item relating to
Menwith Hill, United Kingdom, by striking ‘‘$86,354,000’’ in the
amount column and inserting ‘‘$91,383,000’’.
(b) CONFORMING AMENDMENTS.—Section 2403(b)(5) of that Act
(119 Stat. 3500) is amended by striking ‘‘$44,657,000’’ and inserting
‘‘$49,686,000’’.
TITLE XXV—NORTH ATLANTIC TREATY
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects
Sec. 2502. Authorization of appropriations, NATO
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment program as pro-
vided in section 2806 of title 10, United States Code, in an amount
not to exceed the sum of the amount authorized to be appropriated
for this purpose in section 2502 and the amount collected from
the North Atlantic Treaty Organization as a result of construction
previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2006, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States
Code, for the share of the United States of the cost of projects
Deadline.
Reports.
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for the North Atlantic Treaty Organization Security Investment
program authorized by section 2501, in the amount of $200,985,000.
TITLE XXVI—GUARD AND RESERVE
FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2006, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor,
under chapter 1803 of title 10, United States Code (including the
cost of acquisition of land for those facilities), in the following
amounts:
(1) For the Department of the Army—
(A) for the Army National Guard of the United States,
$561,375,000; and
(B) for the Army Reserve, $190,617,000.
(2) For the Department of the Navy, for the Navy Reserve
and Marine Corps Reserve, $49,998,000.
(3) For the Department of the Air Force—
(A) for the Air National Guard of the United States,
$294,283,000; and
(B) for the Air Force Reserve, $56,836,000.
TITLE XXVII—EXPIRATION AND
EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 2004 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2003 projects.
Sec. 2704. Effective date.
SEC. 
2701. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS
REQUIRED TO BE SPECIFIED BY LAW.
(a) EXPIRATION
OF AUTHORIZATIONS AFTER THREE YEARS.—
Except as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment
program (and authorizations of appropriations therefor) shall expire
on the later of—
(1) October 1, 2009; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2010.
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic
Treaty Organization Security Investment program (and authoriza-
tions of appropriations therefor), for which appropriated funds have
been obligated before the later of—
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(1) October 1, 2009; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2010 for military construction projects, land
acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2004 PROJECTS.
(a) EXTENSION AND RENEWAL.—Notwithstanding section 2701
of the Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108–136; 117 Stat. 1716), authorizations
set forth in the tables in subsection (b), as provided in section
2101, 2301, 2302, 2401, or 2601 of that Act shall remain in effect
until October 1, 2007, or the date of the enactment of an Act
authorizing funds for military construction for fiscal year 2008,
whichever is later.
(b) TABLES.—The tables referred to in subsection (a) are as
follows:
Army: Extension of 2004 Project Authorizations
Installation or Location
Project
Amount
Aviano Air Base, Italy ....................
Joint deployment facility ....
$15,500,000
Fort Wainwright, Alaska ...............
Training range complex ......
$47,000,000
Air Force: Extension of 2004 Project Authorizations
Installation or Location
Project
Amount
Eglin Air Force Base, Florida ........
Family housing (279 units)
$32,166,000
Hickam Air Force Base, Hawaii ....
Parking ramp .......................
$10,102,000
Travis Air Force Base, California ..
Family housing (56 units) ...
$12,723,000
Defense Wide: Extension of 2004 Project Authorization
Installation or Location
Agency and Project
Amount
Hickam Air Force Base, Hawaii .........
DLA hydrant fuel sys-
tem.
$14,100,000
Army National Guard: Extension of 2004 Project
Authorizations
Installation or Location
Project
Amount
Albuquerque, New Mexico ...................
Readiness center ............
$2,533,000
Fort Indiantown Gap, Pennsylvania ..
Training range ................
$15,338,000
Gary, Indiana .......................................
Aviation support facility
$15,581,000
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2003 PROJECTS.
(a) EXTENSION.—Notwithstanding section 2701 of the Military
Construction Authorization Act for Fiscal Year 2003 (division B
of Public Law 107–314; 116 Stat. 2700), authorizations set forth
in the table in subsection (b), as provided in section 2302 of that
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Act and extended by section 2702 of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public Law
109–163; 119 Stat. 3502), shall remain in effect until October 1,
2007, or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2008, whichever is later.
(b) TABLES.—The table referred to in subsection (a) is as follows:
Air Force: Extension of 2003 Project Authorizations
Installation or Location
Project
Amount
Eglin Air Force Base, Florida ........
Family housing (134 units)
$15,906,000
Eglin Air Force Base, Florida ........
Family housing office ..........
$597,000
Randolph Air Force Base, Texas
Housing maintenance facil-
ity.
$447,000
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act
shall take effect on the later of—
(1) October 1, 2006; or
(2) the date of the enactment of this Act.
TITLE XXVIII—MILITARY
CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing Changes
Sec. 2801. Increase in maximum annual amount authorized to be obligated for
emergency military construction.
Sec. 2802. One-year extension of temporary, limited authority to use operation and
maintenance funds for construction projects outside the United States.
Sec. 2803. Repeal of requirement to determine availability of suitable alternative
housing for acquisition in lieu of construction of new family housing.
Sec. 2804. Authority to continue to occupy leased family housing for United States
Southern Command personnel.
Sec. 2805. Consideration of alternative and more efficient uses for general officer
and flag officer quarters in excess of 6,000 square feet.
Sec. 2806. Modification of notification requirements related to cost variation au-
thority.
Sec. 2807. Consideration of local comparability of floor areas in construction, acqui-
sition, and improvement of military unaccompanied housing.
Sec. 2808. Certification required for military construction projects for facilities de-
signed to provide training in urban operations.
Sec. 2809. Authority to carry out military construction projects in connection with
industrial facility investment program.
Sec. 2810. Repeal of special requirement for military construction contracts on
Guam.
Sec. 2811. Temporary expansion of authority to convey property at military instal-
lations to support military construction.
Sec. 2812. Pilot projects for acquisition or construction of military unaccompanied
housing.
Subtitle B—Real Property and Facilities Administration
Sec. 2821. Congressional notice requirements, in advance of acquisition of land by
condemnation for military purposes.
Sec. 2822. Consolidation of Department of Defense authorities regarding granting
of easements for rights-of-way.
Sec. 2823. Authority to grant restrictive easements for conservation purposes in
connection with land conveyances.
Sec. 2824. Maximum term of leases for structures and real property relating to
structures in foreign countries needed for purposes other than family
housing.
Sec. 2825. Consolidation of laws relating to transfer of Department of Defense real
property within the Department of Defense and to other Federal agen-
cies.
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Sec. 2826. Defense access road program.
Sec. 2827. Reports on Army operational ranges.
Subtitle C—Base Closure and Realignment
Sec. 2831. Modification of deposit requirements in connection with lease proceeds
received at military installations approved for closure or realignment
after January 1, 2005.
Sec. 2832. Report on Air Force and Air National Guard bases affected by 2005
round of defense base closure and realignment.
Subtitle D—Land Conveyances
Sec. 2841. Conveyance of easement, Pine Bluff Arsenal, Arkansas.
Sec. 2842. Modification of land transfer authority, Potomac Annex, District of Co-
lumbia.
Sec. 2843. Land conveyance, Naval Air Station, Barbers Point, Hawaii.
Sec. 2844. Land conveyances, Omaha, Nebraska.
Sec. 2845. Land conveyance, Hopkinton, New Hampshire.
Sec. 2846. Land conveyance, North Hills Army Reserve Center, Allison Park, Penn-
sylvania.
Sec. 2847. Transfer of jurisdiction, Fort Jackson, South Carolina.
Sec. 2848. Sense of Congress regarding land conveyance involving Army Reserve
Center, Marshall, Texas.
Sec. 2849. Modifications to land conveyance authority, Engineering Proving
Ground, Fort Belvoir, Virginia.
Sec. 2850. Land conveyance, Radford Army Ammunition Plant, New River Unit,
Virginia.
Subtitle E—Energy Security
Sec. 2851. Consolidation and enhancement of laws to improve Department of De-
fense energy efficiency and conservation.
Sec. 2852. Department of Defense goal regarding use of renewable energy to meet
electricity needs.
Sec. 2853. Congressional notification of cancellation ceiling for Department of De-
fense energy savings performance contracts.
Sec. 2854. Use of energy efficiency products in new construction.
Subtitle F—Other Matters
Sec. 2861. Availability of research and technical assistance under Defense Eco-
nomic Adjustment Program.
Sec. 2862. Availability of community planning assistance relating to encroachment
of civilian communities on military facilities used for training by the
Armed Forces.
Sec. 2863. Prohibitions against making certain military airfields or facilities avail-
able for use by civil aircraft.
Sec. 2864. Modification of certain transportation projects.
Sec. 2865. Availability of funds for South County Commuter Rail project, Provi-
dence, Rhode Island.
Sec. 2866. Fox Point Hurricane Barrier, Providence, Rhode Island.
Sec. 2867. Federal funding for fixed guideway projects.
Sec. 2868. Feasibility study regarding use of General Services Administration prop-
erty for Fort Belvoir, Virginia, realignment.
Subtitle A—Military Construction Program
and Military Family Housing Changes
SEC. 2801. INCREASE IN MAXIMUM ANNUAL AMOUNT AUTHORIZED TO
BE OBLIGATED FOR EMERGENCY MILITARY CONSTRUC-
TION.
Section 2803(c)(1) of title 10, United States Code, is amended
by striking ‘‘$45,000,000’’ and inserting ‘‘$50,000,000’’.
SEC. 
2802. 
ONE-YEAR 
EXTENSION 
OF 
TEMPORARY, 
LIMITED
AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CONSTRUCTION PROJECTS OUTSIDE THE
UNITED STATES.
Section 2808(a) of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat.
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PUBLIC LAW 109–364—OCT. 17, 2006
1723), as amended by section 2810 of the Military Construction
Authorization Act for Fiscal Year 2005 (division B of Public Law
108–375; 118 Stat. 2128) and section 2809 of the Military Construc-
tion Authorization Act for Fiscal Year 2006 (division B of Public
Law 109–163; 119 Stat. 3508), is further amended by striking
‘‘and 2006’’ and inserting ‘‘through 2007’’.
SEC. 2803. REPEAL OF REQUIREMENT TO DETERMINE AVAILABILITY
OF SUITABLE ALTERNATIVE HOUSING FOR ACQUISITION
IN LIEU OF CONSTRUCTION OF NEW FAMILY HOUSING.
(a) IN GENERAL.—Section 2823 of title 10, United States Code,
is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter II of chapter 169 of such title is amended
by striking the item relating to section 2823.
SEC. 2804. AUTHORITY TO CONTINUE TO OCCUPY LEASED FAMILY
HOUSING FOR UNITED STATES SOUTHERN COMMAND
PERSONNEL.
Section 2828(b)(4) of title 10, United States Code, is amended
by adding at the end the following new subparagraph:
‘‘(D) Until September 30, 2008, the Secretary of the Army
may authorize family members of a member of the armed forces
on active duty who is assigned to a family-member-restricted area
and who, before such assignment, was occupying a housing unit
leased under this paragraph, to remain in the leased housing unit
until the member completes the assignment. Costs incurred for
the leased housing unit during the assignment shall be included
in the costs subject to the limitation under subparagraph (B).’’.
SEC. 2805. CONSIDERATION OF ALTERNATIVE AND MORE EFFICIENT
USES FOR GENERAL OFFICER AND FLAG OFFICER QUAR-
TERS IN EXCESS OF 6,000 SQUARE FEET.
(a) REPORTING REQUIREMENTS.—Subsection (e)(1) of section
2831 of title 10, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at the end of
the subparagraph;
(2) in subparagraph (B)—
(A) by striking ‘‘so identified’’ and inserting ‘‘identified
under subparagraph (A)’’; and
(B) by striking the period at the end of the subpara-
graph and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
‘‘(C) identifying each family housing unit in excess of 6,000
square feet used, or intended for use, as quarters for a general
officer or flag officer;
‘‘(D) for each family housing unit identified under subpara-
graph (C), specifying any alternative and more efficient use
to which the unit could be converted (which would include
any costs necessary to convert the unit) and containing an
explanation of the reasons why the unit is not being converted
to the alternative use; and
‘‘(E) for each family housing unit identified under subpara-
graph (C) for which costs under subparagraph (A) or new
construction costs are anticipated to exceed $100,000 in the
next fiscal year, specifying any alternative use to which the
Deadline.
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unit could be converted (which would include any costs nec-
essary to convert the unit) and an estimate of the costs to
demolish and rebuild the unit to private sector standards.’’.
(b) 
STYLISTIC
AMENDMENTS.—Such 
section 
is 
further
amended—
(1) in subsection (a), by inserting ‘‘ESTABLISHMENT.—’’ after
‘‘(a)’’;
(2) in subsection (b), by inserting ‘‘CREDITS TO ACCOUNT.—
’’ after ‘‘(b)’’;
(3) in subsection (c), by inserting ‘‘AVAILABILITY
OF
AMOUNTS IN ACCOUNT.—’’ after ‘‘(c)’’; and
(4) in subsection (d), by inserting ‘‘USE OF ACCOUNT.—
’’ after ‘‘(d)’’; and
(5) in the heading of subsection (e), by striking ‘‘COST
OF’’;
SEC. 
2806. 
MODIFICATION 
OF 
NOTIFICATION 
REQUIREMENTS
RELATED TO COST VARIATION AUTHORITY.
Section 2853(c) of title 10, United States Code, is amended
by striking ‘‘if—’’ and paragraphs (1), (2), and (3) and inserting
the following: ‘‘if the variation in cost or reduction in the scope
of work is approved by the Secretary concerned and—
‘‘(1) in the case of a cost increase or a reduction in the
scope of work—
‘‘(A) the Secretary concerned notifies the appropriate
committees of Congress in writing of the cost increase
or reduction in scope and the reasons therefor, including
a description of the funds proposed to be used to finance
any increased costs; and
‘‘(B) a period of 21 days has elapsed after the date
on which the notification is received by the committees
or, if over sooner, a period of 14 days has elapsed after
the date on which a copy of the notification is provided
in an electronic medium pursuant to section 480 of this
title; or
‘‘(2) in the case of a cost decrease, the Secretary concerned
notifies the appropriate committees of Congress in writing not
later than 14 days after the date funds are obligated in connec-
tion with the military construction project or military family
housing project.’’.
SEC. 2807. CONSIDERATION OF LOCAL COMPARABILITY OF FLOOR
AREAS IN CONSTRUCTION, ACQUISITION, AND IMPROVE-
MENT OF MILITARY UNACCOMPANIED HOUSING.
(a) COMPARABILITY OF FLOOR AREAS.—
(1) IN GENERAL.—Section 2856 of title 10, United States
Code, is amended to read as follows:
‘‘§ 2856. Military unaccompanied housing: local comparability
of floor areas
‘‘In the construction, acquisition, and improvement of military
unaccompanied housing, the Secretary concerned shall ensure that
the floor areas of such housing in a particular locality (as designated
by the Secretary concerned for purposes of this section) do not
exceed the floor areas of similar housing in the private sector
in that locality.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter III of chapter 169 of such title is
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PUBLIC LAW 109–364—OCT. 17, 2006
amended by striking the item relating to section 2856 and
inserting the following new item:
‘‘2856. Military unaccompanied housing: local comparability of floor areas.’’.
(b) 
CONFORMING
AMENDMENTS
REGARDING
ALTERNATIVE
ACQUISITION
AND IMPROVEMENT AUTHORITY.—Section 2880(b) of
such title is amended—
(1) by striking ‘‘(1) Section 2826’’ and inserting ‘‘Sections
2826 and 2856’’;
(2) by inserting ‘‘or military unaccompanied housing’’ after
‘‘military family housing’’; and
(3) by striking paragraph (2).
SEC. 2808. CERTIFICATION REQUIRED FOR MILITARY CONSTRUCTION
PROJECTS FOR FACILITIES DESIGNED TO PROVIDE
TRAINING IN URBAN OPERATIONS.
(a) CERTIFICATION REQUIRED.—Section 2859 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
‘‘(d) CERTIFICATION REQUIRED
FOR MILITARY CONSTRUCTION
PROJECTS DESIGNED TO PROVIDE TRAINING IN URBAN OPERATIONS.—
(1) Except as provided in paragraph (3), the Secretary concerned
may not carry out a military construction project to construct a
facility designed to provide training in urban operations for mem-
bers of the armed forces or personnel of the Department of Defense
or other Federal agencies until—
‘‘(A) the Secretary of Defense approves a strategy for
training and facility construction for operations in urban ter-
rain; and
‘‘(B) the Under Secretary of Defense for Personnel and
Readiness evaluates the project and certifies to the appropriate
committees of Congress that the project—
‘‘(i) is consistent with the strategy; and
‘‘(ii) incorporates the appropriate capabilities for joint
and interagency use in accordance with the strategy.
‘‘(2) The Under Secretary of Defense for Personnel and Readi-
ness shall conduct the evaluation required by paragraph (1)(B)
in consultation with the Commander of the United States Joint
Forces Command.
‘‘(3) This subsection shall not apply with respect to a military
construction project carried out under the authority of section 2803,
2804, or 2808 of this title or section 2808 of the Military Construc-
tion Authorization Act for Fiscal Year 2004 (division B of Public
Law 108–136; 117 Stat. 1723).’’.
(b) CLERICAL AMENDMENTS.—
(1) SECTION
HEADING.—The heading of such section is
amended to read as follows:
‘‘§ 2859. Construction requirements related to antiterrorism
and force protection or urban-training oper-
ations’’.
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of subchapter III of chapter 169 of such title is amended
Evaluation.
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by striking the item relating to section 2859 and inserting
the following new item:
‘‘2859. Construction requirements related to antiterrorism and force protection or
urban-training operations.’’.
(c) EFFECTIVE DATE.—Subsection (d) of section 2859 of title
10, United States Code, as added by subsection (a), shall apply
with respect to military construction projects described in such
subsection (d) for which funds are first provided for fiscal year
2007 or thereafter.
SEC. 2809. AUTHORITY TO CARRY OUT MILITARY CONSTRUCTION
PROJECTS IN CONNECTION WITH INDUSTRIAL FACILITY
INVESTMENT PROGRAM.
(a) AUTHORITY.—Subchapter III of chapter 169 of title 10,
United States Code, is amended by inserting after section 2860
the following new section:
‘‘§ 2861. Military construction projects in connection with
industrial facility investment program
‘‘(a) AUTHORITY.—The Secretary of Defense may carry out a
military construction project, not previously authorized, for the
purpose of carrying out activities under section 2474(a)(2) of this
title, using funds appropriated or otherwise made available for
that purpose in military construction accounts.
‘‘(b) CREDITING OF FUNDS TO CAPITAL BUDGET.—Funds appro-
priated or otherwise made available in a fiscal year for the purpose
of carrying out a military construction project with respect to a
covered depot (as defined in subsection (e) of section 2476 of this
title) may be credited to the amount required by subsection (a)
of such section to be invested in the capital budgets of the covered
depots in that fiscal year.
‘‘(c) NOTICE AND WAIT REQUIREMENT.—When a decision is made
to carry out a project under subsection (a), the Secretary of Defense
shall notify in writing the appropriate committees of Congress
of that decision and the savings estimated to be realized from
the project. The project may then be carried out only after the
end of the 21-day period beginning on the date the notification
is received by such committees or, if earlier, the end of the 14-
day period beginning on the date on which a copy of the notification
is provided in an electronic medium pursuant to section 480 of
this title.
‘‘(d) ANNUAL REPORT.—Not later than December 31 of each
year, the Secretary shall submit to Congress a report describing
actions taken under this section and the savings realized from
such actions during the fiscal year ending in the year in which
the report is submitted.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by inserting after the item
relating to section 2860 the following new item:
‘‘2861. Military construction projects in connection with industrial facility invest-
ment program.’’.
SEC. 2810. REPEAL OF SPECIAL REQUIREMENT FOR MILITARY
CONSTRUCTION CONTRACTS ON GUAM.
(a) REPEAL.—Section 2864 of title 10, United States Code, is
repealed.
10 USC 2859
note.
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(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter III of chapter 169 of such title is amended
by striking the item relating to section 2864.
SEC. 2811. TEMPORARY EXPANSION OF AUTHORITY TO CONVEY PROP-
ERTY AT MILITARY INSTALLATIONS TO SUPPORT MILI-
TARY CONSTRUCTION.
(a) TEMPORARY INCLUSION OF ALL MILITARY INSTALLATIONS.—
Subsection (a) of section 2869 of title 10, United States Code,
is amended—
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively;
(2) by inserting ‘‘(1)’’ before ‘‘The Secretary concerned’’;
(3) by striking ‘‘located on a military installation that is
closed or realigned under a base closure law’’ and inserting
‘‘described in paragraph (2)’’; and
(4) by adding at the end the following new paragraphs:
‘‘(2) Paragraph (1) applies with respect to real property under
the jurisdiction of the Secretary concerned that—
‘‘(A) is located on a military installation that is closed
or realigned under a base closure law; or
‘‘(B) is located on a military installation not covered by
subparagraph (A) and is determined to be excess to the needs
of the Department of Defense.
‘‘(3) Subparagraph (B) of paragraph (2) shall apply only during
the period beginning on the date of the enactment of the John
Warner National Defense Authorization Act for Fiscal Year 2007
and ending on September 30, 2008. Any conveyance of real property
described in such subparagraph for which the Secretary concerned
has provided the advance public notice required by subsection (d)(1)
before the expiration date may be completed after that date.’’.
(b) USE
OF AUTHORITY
TO SUPPORT AGREEMENTS
TO LIMIT
ENCROACHMENTS.—Subparagraph (A) of paragraph (1) of subsection
(a) of such section, as redesignated and amended by subsection
(a), is further amended by striking ‘‘land acquisition’’ and inserting
‘‘land acquisition, including the acquisition of all right, title, and
interest or a lesser interest in real property under an agreement
entered into under section 2684a of this title to limit encroachments
and other constraints on military training, testing, and operations’’.
(c) ADVANCE NOTICE
OF USE
OF AUTHORITY; CONTENT
OF
NOTICE.—Subsection (d) of such section is amended—
(1) in paragraph (1), by striking ‘‘closed or realigned under
the base closure laws is to be conveyed’’ and inserting ‘‘is
proposed for conveyance’’;
(2) by striking paragraph (2) and inserting the following
new paragraph:
‘‘(2) The Secretary concerned may not enter into an agreement
under subsection (a) for the conveyance of real property until—
‘‘(A) the Secretary submits to Congress notice of the convey-
ance, including—
‘‘(i) a description of the real property to be conveyed
by the Secretary under the agreement;
‘‘(ii) a description of the military construction project,
land acquisition, military family housing, or military
unaccompanied housing to be carried out under the agree-
ment in exchange for the conveyance of the property; and
Applicability.
Applicability.
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‘‘(iii) the amount of any payment to be made under
subsection (b) or under section 2684a(d) of this title to
equalize the fair market values of the property to be con-
veyed and the military construction project, land acquisi-
tion, military family housing, or military unaccompanied
housing to be carried out under the agreement in exchange
for the conveyance of the property; and
‘‘(B) the waiting period applicable to that notice under
paragraph (3) expires.
‘‘(3) If the notice submitted under paragraph (2) deals with
the conveyance of real property located on a military installation
that is closed or realigned under a base closure law or the convey-
ance of real property under an agreement entered into under section
2684a of this title, the Secretary concerned may enter into the
agreement under subsection (a) for the conveyance of the property
after a period of 21 days has elapsed from the date of receipt
of the notice or, if over sooner, a period of 14 days has elapsed
from the date on which a copy of the notice is provided in an
electronic medium pursuant to section 480 of this title. In the
case of other real property to be conveyed under subsection (a),
the Secretary concerned may enter into the agreement only after
a period of 60 days has elapsed from the date of receipt of the
notice or, if over sooner, a period of 45 days has elapsed from
the date on which the electronic copy is provided.’’.
(d) DEPOSIT AND USE OF FUNDS.—Subsection (e) of such section
is amended to read as follows:
‘‘(e) DEPOSIT AND USE OF FUNDS.—(1) Except as provided in
paragraph (2), the Secretary concerned may deposit funds received
under subsection (b) in the Department of Defense housing funds
established under section 2883(a) of this title.
‘‘(2) During the period specified in paragraph (3) of subsection
(a), the Secretary concerned shall deposit funds received under
subsection (b) in the appropriation ‘Foreign Currency Fluctuations,
Construction, Defense’.
‘‘(3) The funds deposited under paragraph (2) shall be available,
in such amounts as provided in appropriation Acts, for the purpose
of paying increased costs of overseas military construction and
family housing construction or improvement associated with
unfavorable fluctuations in currency exchange rates. The use of
such funds for this purpose does not relieve the Secretary concerned
from the duty to provide advance notice to Congress under section
2853(c) of this title whenever the Secretary approves an increase
in the cost of an overseas project under such section.’’.
(e) ANNUAL REPORTS; EFFECT OF FAILURE TO SUBMIT.—Sub-
section (f) of such section is amended—
(1) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively;
(2) in subparagraph (C), as so redesignated, by inserting
before the period at the end the following: ‘‘and of excess
real property at military installations’’;
(3) by striking ‘‘(f)’’ and all that follows through ‘‘the fol-
lowing:’’ and inserting the following:
‘‘(f) ANNUAL REPORTS; EFFECT
OF FAILURE
TO SUBMIT.—(1)
Not later than March 15 of each year, the Secretary of Defense
shall submit to Congress a report detailing the following:’’; and
(4) by adding at the end the following new paragraph:
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‘‘(2) If the report for a year is not submitted to Congress
by the date specified in paragraph (1), the Secretary concerned
may not enter into an agreement under subsection (a) after that
date for the conveyance of real property until the date on which
the report is finally submitted.’’.
(f) CLERICAL AMENDMENTS.—
(1) SECTION
HEADING.—The heading of such section is
amended to read as follows:
‘‘§ 2869. Conveyance of property at military installations to
support military construction or limit encroach-
ment’’.
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of subchapter III of chapter 169 of such title is amended
by striking the item relating to section 2869 and inserting
the following new item:
‘‘2869. Conveyance of property at military installations to support military construc-
tion or limit encroachment.’’.
(g) CONFORMING
AMENDMENTS
TO
AUTHORITY
TO
LIMIT
ENCROACHMENTS.—Subsection (d)(3) of section 2684a of such title
is amended—
(1) by redesignating subparagraphs (B) and (C) as subpara-
graphs (C) and (D), respectively;
(2) in subparagraph (C), as so redesignated, by striking
‘‘in the sharing of acquisition costs of real property, or an
interest in real property, under paragraph (1)(B)’’ and inserting
‘‘under subparagraph (A), either through the contribution of
funds or excess real property, or both,’’; and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
‘‘(B) In lieu of or in addition to making a monetary contribution
toward the cost of acquiring a parcel of real property, or an interest
therein, pursuant to an agreement under this section, the Secretary
concerned may convey, using the authority provided by section
2869 of this title, real property described in paragraph (2) of sub-
section (a) of such section, subject to the limitation in paragraph
(3) of such subsection.’’.
SEC. 2812. PILOT PROJECTS FOR ACQUISITION OR CONSTRUCTION
OF MILITARY UNACCOMPANIED HOUSING.
(a) REDUCTION OF APPLICABLE NOTIFICATION PERIODS.—Section
2881a of title 10, United States Code, is amended by striking
‘‘90 days’’ both places it appears and inserting ‘‘30 days’’.
(b) EXTENSION OF AUTHORITY.—Subsection (f) of such section
is amended by striking ‘‘2007’’ and inserting ‘‘2009’’.
Subtitle B—Real Property and Facilities
Administration
SEC. 2821. CONGRESSIONAL NOTICE REQUIREMENTS, IN ADVANCE OF
ACQUISITION OF LAND BY CONDEMNATION FOR MILI-
TARY PURPOSES.
(a) SENSE
OF CONGRESS.—It is the sense of Congress that
the Secretary of Defense, when acquiring land for military purposes,
should—
10 USC 2663
note.
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(1) make every effort to acquire the land by means of
purchases from willing sellers; and
(2) employ condemnation, eminent domain, or seizure
procedures only as a measure of last resort in cases of compel-
ling national security requirements or at the request of the
seller.
(b) ADVANCE NOTICE OF USE OF CONDEMNATION; EXCEPTIONS.—
Section 2663 of title 10, United States Code, is amended—
(1) in subsection (a)(1), ‘‘The Secretary’’ and inserting ‘‘Sub-
ject to subsection (f), the Secretary’’; and
(2) by adding at the end the following new subsections:
‘‘(f) ADVANCE NOTICE OF USE OF CONDEMNATION.—(1) Before
commencing any legal proceeding to acquire any interest in land
under subsection (a), including acquisition for temporary use, by
condemnation, eminent domain, or seizure, the Secretary of the
military department concerned shall—
‘‘(A) pursue, to the maximum extent practicable, all other
available options for the acquisition or use of the land, such
as the purchase of an easement or the execution of a land
exchange; and
‘‘(B) submit to the congressional defense committees a
report containing—
‘‘(i) a description of the land to be acquired;
‘‘(ii) a certification that negotiations with the owner
or owners of the land occurred, and that the Secretary
tendered consideration in an amount equal to the fair
market value of the land, as determined by the Secretary;
and
‘‘(iii) an explanation of the other approaches considered
for acquiring use of the land, the reasons for the acquisition
of the land, and the reasons why alternative acquisition
strategies are inadequate.
‘‘(2) The Secretary concerned may have proceedings brought
in the name of the United States to acquire the land after the
end of the 21-day period beginning on the date on which the
report is received by the committees or, if over sooner, the end
of the 14-day period beginning on the date on which a copy of
the report is provided in an electronic medium pursuant to section
480 of this title.
‘‘(g) EXCEPTION TO ADVANCE NOTICE REQUIREMENT.—If the Sec-
retary of a military department determines that the use of con-
demnation, eminent domain, or seizure to acquire an interest in
land is required under subsection (a) to satisfy a requirement vital
to national security, and that any delay would be detrimental
to national security or the protection of health, safety, or the
environment, the Secretary may have proceedings brought in the
name of the United States to acquire the land in advance of submit-
ting the report required by subsection (f)(1)(B). However, the Sec-
retary shall submit the report not later than seven days after
commencement of the legal proceedings with respect to the land.’’.
SEC. 2822. CONSOLIDATION OF DEPARTMENT OF DEFENSE AUTHORI-
TIES REGARDING GRANTING OF EASEMENTS FOR RIGHTS-
OF-WAY.
(a) CONSOLIDATION.—Subsection (a) of section 2668 of title 10,
United States Code, is amended—
(1) in the matter preceding paragraph (1)—
Reports.
Deadline.
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(A) by striking ‘‘he’’ both places it appears and inserting
‘‘the Secretary’’; and
(B) by striking ‘‘his control, to a State, Commonwealth,
or possession, or political subdivision thereof, or to a citizen,
association, partnership, or corporation of a State,
Commonwealth, or possession,’’ and inserting ‘‘the Sec-
retary’s control’’;
(2) in paragraph (2), by striking ‘‘oil pipe lines’’ and
inserting ‘‘gas, water, sewer, and oil pipe lines’’; and
(3) in paragraph (13), by striking ‘‘he considers advisable,
except a purpose covered by section 2669 of this title’’ and
inserting ‘‘the Secretary considers advisable’’.
(b) 
STYLISTIC
AMENDMENTS.—Such 
section 
is 
further
amended—
(1) in subsection (a), by inserting ‘‘AUTHORIZED TYPES OF
EASEMENTS.—’’ after ‘‘(a)’’;
(2) in subsection (b), by inserting ‘‘LIMITATION ON SIZE
OF EASEMENT.—’’ after ‘‘(b)’’;
(3) in subsection (c), by inserting ‘‘TERMINATION.—’’ after
‘‘(c)’’;
(4) in subsection (d), by inserting ‘‘NOTICE TO DEPARTMENT
OF THE INTERIOR.—’’ after ‘‘(d)’’; and
(5) in subsection (e), by inserting ‘‘DISPOSITION OF CONSID-
ERATION.—’’ after ‘‘(e)’’.
(c) CONFORMING REPEAL.—Section 2669 of such title is repealed.
(d) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 159 of such title is amended by striking the item
related to section 2669.
SEC. 2823. AUTHORITY TO GRANT RESTRICTIVE EASEMENTS FOR CON-
SERVATION PURPOSES IN CONNECTION WITH LAND
CONVEYANCES.
(a) RESTRICTIVE EASEMENTS.—Chapter 159 of title 10, United
States Code, is amended by inserting after section 2668 the fol-
lowing new section:
‘‘§ 2668a. Easements: granting restrictive easements in
connection with land conveyances
‘‘(a) AUTHORITY
TO
INCLUDE
RESTRICTIVE
EASEMENT.—In
connection with the conveyance of real property by the Secretary
concerned under any provision of law, the Secretary concerned
may grant an easement to an entity specified in subsection (b)
restricting future uses of the conveyed real property for a conserva-
tion purpose consistent with section 170(h)(4)(A)(iv) of the Internal
Revenue Code of 1986 (26 U.S.C. 170(h)(4)(A)(iv)).
‘‘(b) AUTHORIZED RECIPIENTS.—An easement under subsection
(a) may be granted only to—
‘‘(1) a State or local government; or
‘‘(2) a qualified organization, as that term is defined in
section 170(h) of the Internal Revenue Code of 1986 (26 U.S.C.
170(h)).
‘‘(c) LIMITATIONS ON USE OF EASEMENT AUTHORITY.—An ease-
ment under subsection (a) may not be granted unless—
‘‘(1) the proposed recipient of the easement consents to
the receipt of the easement;
‘‘(2) the Secretary concerned determines that the easement
is in the public interest and the conservation purpose to be
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promoted by the easement cannot be effectively achieved
through the application of State law by the State or a local
government without the grant of restrictive easements;
‘‘(3) the jurisdiction that encompasses the property to be
subject to the easement authorizes the grant of restrictive
easements; and
‘‘(4) the Secretary can give or assign to a third party
the responsibility for monitoring and enforcing easements
granted under this section.
‘‘(d) CONSIDERATION.—Easements granted under this section
shall be without consideration from the recipient.
‘‘(e) ACREAGE LIMITATION.—No easement granted under this
section may include more land than is necessary for the easement.
‘‘(f) TERMS AND CONDITIONS.—The grant of an easement under
this section shall be subject to such additional terms and conditions
as the Secretary concerned considers appropriate to protect the
interests of the United States.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating
to section 2668 the following new item:
‘‘2668a. Easements: granting restrictive easements in connection with land convey-
ances.’’.
SEC. 2824. MAXIMUM TERM OF LEASES FOR STRUCTURES AND REAL
PROPERTY RELATING TO STRUCTURES IN FOREIGN
COUNTRIES 
NEEDED 
FOR 
PURPOSES 
OTHER 
THAN
FAMILY HOUSING.
Section 2675(a) of title 10, United States Code, is amended
by striking ‘‘five years’’ and inserting ‘‘10 years’’.
SEC. 2825. CONSOLIDATION OF LAWS RELATING TO TRANSFER OF
DEPARTMENT OF DEFENSE REAL PROPERTY WITHIN THE
DEPARTMENT OF DEFENSE AND TO OTHER FEDERAL
AGENCIES.
(a) INCLUSION
OF
TRANSFER
AUTHORITY
BETWEEN
ARMED
FORCES.—Section 2696 of title 10, United States Code, is amended—
(1) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively; and
(2) by inserting before subsection (b), as so redesignated,
the following new subsection:
‘‘(a) TRANSFERS BETWEEN ARMED FORCES.—If either of the Sec-
retaries concerned requests it and the other approves, real property
may be transferred, without compensation, from one armed force
to another. Section 2571(d) of this title shall apply to the transfer
of real property under this subsection.’’.
(b) INCLUSION OF DEPARTMENT OF JUSTICE PROGRAM TO SCREEN
AND CONVEY PROPERTY FOR CORRECTIONAL FACILITIES.—The text
of section 2693 of such title is amended—
(1) by redesignating paragraphs (1), (2), and (3) of sub-
section (a) as subparagraphs (A), (B), and (C), respectively;
(2) by redesignating paragraphs (1) and (2) of subsection
(b) as subparagraphs (A) and (B), respectively, and in such
subparagraph (B), as so redesignated, by striking ‘‘this section’’
and inserting ‘‘paragraph (1)’’;
(3) by striking ‘‘(a) Except as provided in subsection (b)’’
and inserting ‘‘(f) SCREENING AND CONVEYANCE OF PROPERTY
Applicability.
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FOR CORRECTIONAL FACILITIES PURPOSES.—(1) Except as pro-
vided in paragraph (2)’’;
(4) by striking ‘‘(b) The provisions of this section’’ and
inserting ‘‘(2) Paragraph (1)’’; and
(5) by transferring the text, as so redesignated and
amended, to appear as a new subsection (f) at the end of
section 2696 of such title.
(c) CONFORMING AMENDMENTS.—
(1) CONFORMING
AMENDMENT
TO
AUTHORITY
ON
INTER-
CHANGE OF PROPERTY AND SERVICES.—Section 2571(a) of such
title is amended by striking ‘‘and real estate’’.
(2) REPEAL OF SUPERSEDED AUTHORITY ON SCREENING AND
TRANSFER FOR CORRECTIONAL PURPOSES.—Section 2693 of such
title is repealed.
(3) 
CONFORMING
AMENDMENTS
TO
CONSOLIDATED
AUTHORITY.—Section 2696 of such title is amended—
(A) in subsection (b), as redesignated by subsection
(a)(1), by striking ‘‘SCREENING
REQUIREMENT.—’’ and
inserting ‘‘SCREENING REQUIREMENTS FOR ADDITIONAL FED-
ERAL USE.—’’;
(B) in subsection (c)(1), as redesignated by subsection
(a)(1), by striking ‘‘subsection (a)’’ in the first sentence
and inserting ‘‘subsection (b)’’;
(C) in subsection (d), by striking ‘‘subsection (b)(1)’’
and inserting ‘‘subsection (c)(1)’’; and
(D) in subsection (e), by striking ‘‘this section’’ and
inserting ‘‘subsection (b)’’.
(d) CLERICAL AMENDMENTS.—
(1) SECTION 2571.—(A) The heading of section 2571 of such
title is amended to read as follows:
‘‘§ 2571. Interchange of supplies and services’’.
(B) The table of sections at the beginning of chapter 153
of such title is amended by striking the item relating to section
2571 and inserting the following new item:
‘‘2571. Interchange of supplies and services.’’.
(2) SECTIONS 2693 AND 2696.—(A) The heading of section
2696 of such title is amended to read as follows:
‘‘§ 2696. Real property: transfer between armed forces and
screening requirements for other Federal use’’.
(B) The table of sections at the beginning of chapter 159
of such title is amended—
(i) by striking the item relating to section 2693; and
(ii) by striking the item relating to section 2696 and
inserting the following new item:
‘‘2696. Real property: transfer between armed forces and screening requirements for
other Federal use.’’.
SEC. 2826. DEFENSE ACCESS ROAD PROGRAM.
Section 2837 of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat.
3522) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘and transit systems’’ after ‘‘that
roads’’; and
10 USC 2693,
2696.
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(B) by striking ‘‘that is’’ and inserting ‘‘that are’’; and
(2) in subsection (b)—
(A) by striking ‘‘and’’ at the end of paragraph (1);
and
(B) by striking paragraph (2) and inserting the fol-
lowing new paragraphs:
‘‘(2) to determine whether the existing surface transpor-
tation infrastructure, including roads and transit at each
installation identified under paragraph (1) is adequate to sup-
port the increased traffic associated with the increase in the
number of defense personnel described in that paragraph; and
‘‘(3) to determine whether the defense access road program
adequately considers the complete range of surface transpor-
tation options, including roads and other means of transit,
necessary to support the national defense.’’.
SEC. 2827. REPORTS ON ARMY OPERATIONAL RANGES.
(a) REPORT ON PINON CANYON MANEUVER SITE.—
(1) REPORT REQUIRED.—Not later than November 30, 2006,
the Secretary of the Army shall submit to the congressional
defense committees a report containing an analysis of any
potential expansion of the Pinon Canyon Maneuver Site at
Fort Carson, Colorado.
(2) ELEMENTS OF REPORT.—The report required under para-
graph (1) shall include the following:
(A) A description of the current and projected military
requirements of the Army for training at the Pinon Canyon
Maneuver Site.
(B) An analysis of the reasons for any changes in
those requirements, including the extent to which the
changes are the result of—
(i) an increase in military personnel using the
Pinon Canyon Maneuver Site due to decisions made
as part of the 2005 round of defense base closure
and realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public
Law 101–510; 10 U.S.C. 2687 note);
(ii) the conversion of Army brigades to a modular
format;
(iii) the Integrated Global Presence and Basing
Strategy;
(iv) high operational tempos; or
(v) surge requirements.
(C) A proposed plan for addressing those requirements,
including a description of any proposed expansion of the
existing Pinon Canyon Maneuver Site by acquiring pri-
vately held land surrounding the site and an analysis of
alternative approaches that would not require expansion.
(3) ADDITIONAL ELEMENTS.—If the expansion of the Pinon
Canyon Maneuver Site is recommended in the plan required
by paragraph (2)(C), the report shall also include the following:
(A) An assessment of the economic impact on local
communities of expanding the Pinon Canyon Maneuver
Site by acquiring privately held land surrounding the site.
(B) An assessment of the environmental impact of
expanding the Pinon Canyon Maneuver Site.
Colorado.
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(C) An estimate of the costs associated with the poten-
tial expansion, including land acquisition, range improve-
ments, installation of utilities, environmental restoration,
and other environmental activities in connection with the
acquisition.
(D) An assessment of options for compensating local
communities for the loss of property tax revenue as a
result of the expansion of the Pinon Canyon Maneuver
Site.
(E) An assessment of whether the acquisition of addi-
tional land at the Pinon Canyon Maneuver Site can be
carried out by the Secretary solely through transactions,
including land exchanges and the lease or purchase of
easements, with willing sellers of the privately held land.
(b) LIMITATION
ON
REAL
PROPERTY
ACQUISITION
PENDING
REPORT.—The Secretary of the Army may not carry out any acquisi-
tion of real property to expand the Pinon Canyon Maneuver Site
until at least 30 days after the date on which the Secretary submits
the report required under subsection (a).
(c) REPORT ON POTENTIAL EXPANSION OF ARMY OPERATIONAL
RANGES.—
(1) REPORT REQUIRED.—Not later than February 1, 2007,
the Secretary of the Army shall submit to the congressional
defense committees a report containing an assessment of the
Army operational ranges used to support range activities.
(2) CONTENT.—The report required under paragraph (1)
shall include the following information:
(A) The size, description, and mission-essential tasks
supported by each Army operational range during fiscal
year 2003.
(B) A description of the projected changes in Army
operational 
range 
requirements, 
including 
the 
size,
characteristics, and attributes for mission-essential activi-
ties at each range and the extent to which any changes
in requirements are a result of—
(i) decisions made as part of the 2005 round of
defense base closure and realignment under the
Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note);
(ii) the conversion of Army brigades to a modular
format;
(iii) the Integrated Global Presence and Basing
Strategy;
(iv) high operational tempos; or
(v) surge requirements.
(C) The projected deficit or surplus of land at each
Army operational range, and a description of the Army’s
plan to address that projected deficit or surplus of land
as well as the upgrade of range attributes at each existing
Army operational range.
(D) A description of the Army’s prioritization process
and investment strategy to address the potential expansion
or upgrade of Army operational ranges.
(E) An analysis of alternatives to the expansion of
Army operational ranges, including an assessment of the
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joint use of operational ranges under the jurisdiction, cus-
tody, or control of the Secretary of another military depart-
ment.
(3) DEFINITIONS.—In this subsection:
(A) The term ‘‘Army operational range’’ has the
meaning given the term ‘‘operational range’’ in section
101(e)(3) of title 10, United States Code, except that the
term is limited to operational ranges under the jurisdiction,
custody, or control of the Secretary of the Army.
(B) The term ‘‘range activities’’ has the meaning given
that term in section 101(e)(2) of such title.
Subtitle C—Base Closure and Realignment
SEC. 2831. MODIFICATION OF DEPOSIT REQUIREMENTS IN CONNEC-
TION WITH LEASE PROCEEDS RECEIVED AT MILITARY
INSTALLATIONS APPROVED FOR CLOSURE OR REALIGN-
MENT AFTER JANUARY 1, 2005.
Section 2667(d) of title 10, United States Code, is amended—
(1) in paragraph (1)(B)(ii), by striking ‘‘paragraph (4) or
(5)’’ and inserting ‘‘paragraph (4), (5), or (6)’’;
(2) in paragraph (5), by inserting after ‘‘lease under sub-
section (f)’’ the following: ‘‘at a military installation approved
for closure or realignment under a base closure law before
January 1, 2005,’’; and
(3) by adding at the end the following new paragraph:
‘‘(6) Money rentals received by the United States from a lease
under subsection (f) at a military installation approved for closure
or realignment under a base closure law on or after January 1,
2005, shall be deposited into the account established under section
2906A(a) of the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687
note).’’.
SEC. 2832. REPORT ON AIR FORCE AND AIR NATIONAL GUARD BASES
AFFECTED BY 2005 ROUND OF DEFENSE BASE CLOSURE
AND REALIGNMENT.
(a) REPORT.—Not later than January 1, 2007, the Secretary
of the Air Force shall submit to Congress a report on planning
by the Department of the Air Force for future roles and missions
for each Air Force and Air National Guard installation that—
(1) will have the number of aircraft, weapon systems, or
functions assigned to the installation reduced or eliminated
as a result of decisions made as part of the 2005 round of
defense base closure and realignment under the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101–510; 10 U.S.C. 2687 note); or
(2) will serve as a receiving location for the realignment
of aircraft, weapons systems, or functions as a result of such
decisions.
(b) ELEMENTS
OF REPORT.—The report required under sub-
section (a) shall include the following:
(1) An assessment of the capabilities, characteristics, and
capacity of the facilities, other infrastructure, and personnel
at each installation described in subsection (a).
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(2) A description of the planning process used by the
Department of the Air Force to determine future roles and
missions at each installation described in subsection (a),
including an analysis of alternatives for installations to support
each future role or mission.
(3) A description of the future roles and missions under
consideration for each Air Force and Air National Guard
installation, including installations described in subsection (a),
and an explanation of the criteria and decision-making process
to make final decisions about future roles and missions for
each installation.
(4) A timeline for decisions on the final determination
of future roles and missions for each installation described
in subsection (a).
Subtitle D—Land Conveyances
SEC. 2841. CONVEYANCE OF EASEMENT, PINE BLUFF ARSENAL,
ARKANSAS.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to Jefferson County, Arkansas (in
this section referred to as the ‘‘County’’), all right, title, and interest
of the United States in and to an easement that was acquired
by the United States in 1942 for the benefit of Pine Bluff Arsenal,
Arkansas, and encumbers the real property described in subsection
(c) if the Secretary determines that the conveyance and subsequent
use of the easement will not adversely impact the mission of Pine
Bluff Arsenal. The conveyance shall include all appurtenances to
the easement and any improvements thereon constructed by the
United States.
(b) PURPOSE OF CONVEYANCE.—The conveyance authorized by
subsection (a) is for the sole purpose of permitting the County
to construct, maintain, and operate a railroad over, upon, and
across the real property encumbered by the easement.
(c) DESCRIPTION OF PROPERTY ENCUMBERED BY EASEMENT.—
The real property encumbered by the easement is situated in Jeffer-
son County, Arkansas, consists of approximately 38.18 acres, and
is described as PBR Tract No. 22, 23, 24, 25, 26, 27, 28, 29,
30, 31, 32, 33, 34, 35, 36, 37, 38, 38–A, and 39 and includes
the real property described in a Warranty Deed from C.C. Neal
and Pearlee Neal dated August 14, 1942. If the Secretary deter-
mines that an additional survey is necessary to better determine
the legal description of the real property encumbered by the ease-
ment, a survey satisfactory to the Secretary shall be conducted.
(d) FURTHER TRANSFER, ASSIGNMENTS, OR PERMITS.—Subject
to subsection (b), the County may make such further transfer or
assignments, grant such permits, or make such other arrangements
with regard to the easement conveyed under subsection (a) as
the County considers beneficial and appropriate for the interests
of the County.
(e) PAYMENT OF COSTS OF CONVEYANCES.—
(1) PAYMENT REQUIRED.—The Secretary shall require the
County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out a conveyance under subsection (a), including survey
costs, related to the conveyance. If amounts are collected from
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the County in advance of the Secretary incurring the actual
costs, and the amount collected exceeds the costs actually
incurred by the Secretary to carry out the conveyance, the
Secretary shall refund the excess amount to the County.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
under paragraph (1) as reimbursement for costs incurred by
the Secretary to carry out a conveyance under subsection (a)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance. Amounts so credited shall be merged with amounts
in such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(f) ADDITIONAL TERM
AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2842. MODIFICATION OF LAND TRANSFER AUTHORITY, POTOMAC
ANNEX, DISTRICT OF COLUMBIA.
Section 2831(a) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2795) is amended
by striking ‘‘consisting of approximately 3 acres’’ and inserting
‘‘consisting of approximately 4 acres and containing two buildings,
known as building 6 and building 7’’.
SEC. 2843. LAND CONVEYANCE, NAVAL AIR STATION, BARBERS POINT,
HAWAII.
(a) CONVEYANCE OF PROPERTY.—Not later than September 30,
2008, the Secretary of the Navy shall enter into a binding agreement
to convey, by sale, lease, or a combination thereof, to any public
or private person or entity outside the Department of Defense
certain parcels of real property, including any improvements
thereon, consisting of approximately 499 acres located at the former
Naval Air Station, Barbers Point, Oahu, Hawaii, that are subject
to the Ford Island Master Development Agreement developed pursu-
ant to section 2814(a)(2) of title 10, United States Code, for the
purpose of promoting the beneficial development of the real prop-
erty.
(b) USE
OF EXISTING AUTHORITY.—To implement subsection
(a), the Secretary may utilize the special conveyance and lease
authorities provided to the Secretary by subsections (b) and (c)
of section 2814 of title 10, United States Code, for the purpose
of developing or facilitating the development of Ford Island, Hawaii.
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
a conveyance under subsection (a) as the Secretary considers appro-
priate to protect the interests of the United States.
SEC. 2844. LAND CONVEYANCES, OMAHA, NEBRASKA.
(a) CONVEYANCES AUTHORIZED.—
(1) ARMY CONVEYANCE.—The Secretary of the Army may
convey to the Metropolitan Community College Area, a public
community college located in Omaha, Nebraska (in this section
referred to as the ‘‘College’’) all right, title, and interest of
Survey.
Deadline.
Contracts.
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the United States in and to three parcels of real property
under the control of the Army Reserve, including any improve-
ments thereon, consisting of approximately 5.42 acres on the
Fort Omaha campus at the College, for educational purposes.
(2) NAVY CONVEYANCE.—The Secretary of the Navy may
convey to the College all right, title, and interest of the United
States in and to a parcel of real property under the control
of the Navy Reserve and Marine Corps Reserve, including
any improvements thereon, consisting of approximately 6.57
acres on the Fort Omaha campus at the College, for educational
purposes.
(b) CONSIDERATION.—
(1) IN
GENERAL.—As consideration for each conveyance
under subsection (a), the College shall provide the United
States, whether by cash payment, in-kind consideration, or
a combination thereof, an amount that is not less than the
fair market value of the conveyed property, as determined
pursuant to an appraisal acceptable to the Secretary concerned.
(2) REDUCED TUITION RATES.—The Secretary concerned may
accept as in-kind consideration under paragraph (1) reduced
tuition rates for military personnel at the College.
(c) PAYMENT OF COSTS OF CONVEYANCES.—
(1) PAYMENT
REQUIRED.—The Secretary concerned shall
require the College to cover costs to be incurred by the Sec-
retary, or to reimburse the Secretary for costs incurred by
the Secretary, to carry out a conveyance under subsection (a),
including survey costs, related to the conveyance. If amounts
are collected from the College in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the College.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
under paragraph (1) as reimbursement for costs incurred by
the Secretary concerned to carry out a conveyance under sub-
section (a) shall be credited to the fund or account that was
used to cover the costs incurred by the Secretary in carrying
out the conveyance. Amounts so credited shall be merged with
amounts in such fund or account and shall be available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by surveys satisfactory to the Secretary
concerned.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary con-
cerned may require such additional terms and conditions in connec-
tion with the conveyances under subsection (a) as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2845. LAND CONVEYANCE, HOPKINTON, NEW HAMPSHIRE.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to the Town of Hopkinton, New Hampshire (in this section
referred to as the ‘‘Town’’), all right, title, and interest of the
United States in and to a parcel of real property, including any
improvements thereon, consisting of approximately 90 acres located
at a site in Hopkinton, New Hampshire, known as the ‘‘Kast Hill’’
Surveys.
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property for the purpose of permitting the Town to use the existing
sand and gravel resources on the property and to ensure perpetual
conservation of the property.
(b) CONSIDERATION.—
(1) IN GENERAL.—As consideration for the conveyance under
subsection (a), the Town shall, subject to paragraph (2), provide
to the United States, whether by cash payment, in-kind consid-
eration, or a combination thereof, an amount that is not less
than the fair market value of the conveyed property, as deter-
mined pursuant to an appraisal acceptable to the Secretary.
(2) WAIVER OF PAYMENT OF CONSIDERATION.—The Secretary
may waive the requirement for consideration under paragraph
(1) if the Secretary determines that the Town will not use
the existing sand and gravel resources to generate revenue.
(c) REVERSIONARY INTEREST.—If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in and
to all or any portion of the property shall revert, at the option
of the Secretary, to the United States, and the United States
shall have the right of immediate entry onto the property. Any
determination of the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(d) PROHIBITION ON RECONVEYANCE OF LAND.—The Town may
not reconvey any of the land acquired from the United States
under subsection (a) without the prior approval of the Secretary.
(e) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary shall require the
Town to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental documentation,
and other administrative costs related to the conveyance. If
amounts are collected from the Town in advance of the Sec-
retary incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess
amount to the Town.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance of real property under subsection (a) as the Sec-
retary considers appropriate to protect the interests of the United
States.
Survey.
Records.
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SEC. 2846. LAND CONVEYANCE, NORTH HILLS ARMY RESERVE CENTER,
ALLISON PARK, PENNSYLVANIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey to the North Allegheny School District (in this section
referred to as the ‘‘School District’’) all right, title, and interest
of the United States in and to a parcel of real property consisting
of approximately 11.15 acres and containing the North Hills Army
Reserve Center in Allison Park, Pennsylvania, for the purpose
of permitting the School District to use the property for educational
and recreational purposes and for parking facilities related thereto.
(b) CONSIDERATION.—The Secretary may waive any require-
ment for consideration in connection with the conveyance under
subsection (a) if the Secretary determines that, were the conveyance
of the property to be made under subchapter III of chapter 5
of title 40, United States Code, for the same purpose specified
in subsection (a), the conveyance could be made without consider-
ation.
(c) REVERSIONARY INTEREST.—If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in and
to all or any portion of the property shall revert, at the option
of the Secretary, to the United States, and the United States
shall have the right of immediate entry onto the property. Any
determination of the Secretary under this subsection shall be made
on the record after an opportunity for a hearing.
(d) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary shall require the
School District to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Sec-
retary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the convey-
ance. If amounts are collected from the School District in
advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the School District.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the Secretary.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
Survey.
Records.
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SEC. 2847. TRANSFER OF JURISDICTION, FORT JACKSON, SOUTH CARO-
LINA.
(a) TRANSFER AUTHORIZED.—The Secretary of the Army may
transfer, without reimbursement, to the administrative jurisdiction
of the Secretary of Veterans Affairs a parcel of real property,
including any improvements thereon, consisting of approximately
600 acres and comprising a portion of Fort Jackson, South Carolina.
(b) USE
OF LAND.—The Secretary of Veterans Affairs shall
establish on the real property transferred under subsection (a)
a national cemetery under chapter 24 of title 38, United States
Code.
(c) LEGAL DESCRIPTION.—The exact acreage and legal descrip-
tion of the real property to be transferred under this section shall
be determined by a survey satisfactory to the Secretary of the
Army. The cost of the survey shall be borne by the Secretary
of Veterans Affairs.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the
Army may require such additional terms and conditions in connec-
tion with the transfer under this section as the Secretary of the
Army considers appropriate to protect the interests of the United
States.
SEC. 2848. SENSE OF CONGRESS REGARDING LAND CONVEYANCE
INVOLVING ARMY RESERVE CENTER, MARSHALL, TEXAS.
It is the sense of Congress that the Secretary of the Army
should consider the feasibility of conveying the Army Reserve
Center at 1209 Pinecrest Drive East in Marshall, Texas, to the
Marshall-Harrison County Veterans Association for the purpose
of assisting the efforts of the Association in erecting a veterans
memorial, creating a park, and establishing a museum recognizing
and honoring the sacrifices and accomplishments of veterans of
the Armed Forces.
SEC. 2849. MODIFICATIONS TO LAND CONVEYANCE AUTHORITY,
ENGINEERING PROVING GROUND, FORT BELVOIR, VIR-
GINIA.
(a) CONSTRUCTION OF SECURITY BARRIER.—Section 2836 of the
Military Construction Authorization Act for Fiscal Year 2002 (divi-
sion B of Public Law 107–107; 115 Stat. 1314), as amended by
section 2846 of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109–163; 119 Stat.
3527), is further amended—
(1) in subsection (b)(4), by striking ‘‘$3,880,000’’ and
inserting ‘‘$4,880,000’’; and
(2) in subsection (d)—
(A) in paragraph (1), by inserting after ‘‘Virginia,’’ the
following: ‘‘and the construction of a security barrier, as
applicable,’’; and
(B) in paragraph (2), by inserting after ‘‘Building 191’’
the following: ‘‘and the construction of a security barrier,
as applicable’’.
(b) AUTHORITY TO ENTER INTO ALTERNATIVE AGREEMENT FOR
DESIGN AND CONSTRUCTION OF FAIRFAX COUNTY PARKWAY POR-
TION.—Such section 2836 is further amended—
(1) in subsection (b)—
(A) by amending paragraph (1) to read as follows:
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‘‘(1) except as provided in subsection (f), design and con-
struct, at its expense and for public benefit, the portion of
the Fairfax County Parkway through the Engineer Proving
Ground (in this section referred to as the ‘Parkway portion’);’’;
and
(B) in paragraph (2), by inserting after ‘‘C514’’ the
following: ‘‘, RW–214 (in this section referred to as ‘Parkway
project’)’’;
(2) by redesignating subsection (f) as subsection (g);
(3) by inserting after subsection (e) the following new sub-
section:
‘‘(f) ALTERNATE AGREEMENT
FOR CONSTRUCTION
OF ROAD.—
(1) The Secretary of the Army may, in connection with the convey-
ance authorized under subsection (a), enter into an agreement
with the Commonwealth providing for the design and construction
by the Department of the Army or the United States Department
of Transportation of the Parkway portion and other portions of
the Fairfax County Parkway off the Engineer Proving Ground that
are necessary to complete the Parkway project (in this subsection
referred to as the ‘alternate agreement’) if the Secretary determines
that the alternate agreement is in the best interests of the United
States to support the permanent relocation of additional military
and civilian personnel at Fort Belvoir pursuant to decisions made
as part of the 2005 round of defense base closure and realignment
under the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
‘‘(2) If the Secretary of Defense certifies that the Parkway
portion is important to the national defense pursuant to section
210 of title 23, United States Code, the Secretary of the Army
may enter into an agreement with the Secretary of Transportation
to carry out the alternate agreement under the Defense Access
Road Program.
‘‘(3) The Commonwealth shall pay to the Secretary of the Army
the costs of the design and construction of the Parkway portion
and any other portions of the Fairfax County Parkway off the
Engineer Proving Ground designed and constructed under the alter-
nate agreement. The Secretary shall apply such payment to the
design and construction provided for in the alternate agreement.
‘‘(4) Using the authorities available to the Secretary under
chapter 160 of title 10, United States Code, and funds deposited
in the Environmental Restoration Account, Army, established by
section 2703(a) of such title and appropriated for this purpose,
the Secretary may carry out environmental restoration activities
on real property under the jurisdiction of the Secretary in support
of the construction of the Parkway portion.
‘‘(5) The alternate agreement shall be subject to the following
conditions:
‘‘(A) The Commonwealth shall acquire and retain all nec-
essary right, title, and interest in any real property not under
the jurisdiction of the Secretary that is necessary for construc-
tion of the Parkway portion or for construction of any other
portions of the Fairfax County Parkway off the Engineer
Proving Ground that will be constructed under the alternate
agreement, and shall grant to the United States all necessary
access to and use of such property for such construction.
‘‘(B) The Secretary shall receive consideration from the
Commonwealth as required in subsections (b)(2), (b)(3), and
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(b)(4) and shall carry out the acceptance and disposition of
funds in accordance with subsection (d).
‘‘(6) The design of the Parkway portion under the alternate
agreement shall be subject to the approval of the Secretary and
the Commonwealth in accordance with the Virginia Department
of Transportation Approved Plan, dated June 15, 2004, Project
#R000–029–249, PE–108, C–514, RW–214. For each phase of the
design and construction of the Parkway portion under the alternate
agreement, the Secretary may—
‘‘(A) accept funds from the Commonwealth; or
‘‘(B) transfer funds received from the Commonwealth to
the United States Department of Transportation.
‘‘(7) Upon completion of the construction of the Parkway portion
and any other portions of the Fairfax County Parkway off the
Engineer Proving Ground required under the alternate agreement,
the Secretary shall carry out the conveyance under subsection (a).
As a condition of such conveyance carried out under the alternate
agreement, the Secretary shall receive a written commitment, in
a form satisfactory to the Secretary, that the Commonwealth agrees
to accept all responsibility for the costs of operation and mainte-
nance of the Parkway portion upon conveyance to the Common-
wealth of such real property.’’; and
(4) in subsection (g), as redesignated by paragraph (2),
by inserting ‘‘or the alternate agreement authorized under sub-
section (f)’’ after ‘‘conveyance under subsection (a)’’.
SEC. 2850. LAND CONVEYANCE, RADFORD ARMY AMMUNITION PLANT,
NEW RIVER UNIT, VIRGINIA.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may
convey, without consideration, to the Commonwealth of Virginia
on behalf of the Virginia Department of Veterans Services (in
this section referred to as the ‘‘Commonwealth’’) all right, title,
and interest of the United States in and to a parcel of real property,
including any improvements thereon, consisting of approximately
85 acres at the Radford Army Ammunition Plant, New River Unit,
Virginia, for the purpose of permitting the Commonwealth to estab-
lish on the property a cemetery operated by the Commonwealth
for veterans of the Armed Forces.
(b) REVERSIONARY INTEREST.—If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the conveyance
specified in such subsection, all right, title, and interest in and
to the property shall revert, at the option of the Secretary, to
the United States, and the United States shall have the right
of immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record after
an opportunity for a hearing.
(c) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary shall require the
Commonwealth to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Sec-
retary, to carry out the conveyance under subsection (a),
including survey costs, costs related to environmental docu-
mentation, and other administrative costs related to the convey-
ance. If amounts are collected from the Commonwealth in
advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
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Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the Commonwealth.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
(d) DESCRIPTION OF REAL PROPERTY.—The exact acreage and
legal description of the real property to be conveyed under sub-
section (a) shall be determined by a survey satisfactory to the
Secretary.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
Subtitle E—Energy Security
SEC. 2851. CONSOLIDATION AND ENHANCEMENT OF LAWS TO IMPROVE
DEPARTMENT OF DEFENSE ENERGY EFFICIENCY AND
CONSERVATION.
(a) CREATION OF NEW CHAPTER.—
(1) REORGANIZATION OF SECTION 2865 OF TITLE 10.—Title
10, United States Code, is amended by inserting after chapter
172 the following new chapter:
‘‘CHAPTER 173—ENERGY SECURITY
‘‘Subchapter
‘‘I. Energy Security Activities ................................................................................ 2911
‘‘II. Energy-Related Procurement .......................................................................... 2922
‘‘III. General Provisions ......................................................................................... 2925
‘‘SUBCHAPTER I—ENERGY SECURITY ACTIVITIES
‘‘Sec.
‘‘ 2911. Energy performance goals and plan for Department of Defense.
‘‘ 2912. Availability and use of energy cost savings.
‘‘ 2913. Energy savings contracts and activities.
‘‘ 2914. Energy conservation construction projects.
‘‘2915. New construction: use of renewable forms of energy and energy efficient
products.
‘‘2916. Sale of electricity from alternate energy and cogeneration production facili-
ties.
‘‘2917. Development of geothermal energy on military lands.
‘‘2918. Fuel sources for heating systems; prohibition on converting certain heating
facilities.
‘‘§ 2911. Energy performance goals and plan for Department
of Defense
‘‘(a) ENERGY
PERFORMANCE
GOALS.—(1) The Secretary of
Defense shall submit to the congressional defense committees the
energy performance goals for the Department of Defense regarding
transportation systems, support systems, utilities, and infrastruc-
ture and facilities.
‘‘(2) The energy performance goals shall be submitted annually
not later than the date on which the President submits to Congress
Deadline.
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the budget for the next fiscal year under section 1105 of title
31 and cover that fiscal year as well as the next five, l0, and
20 years. The Secretary shall identify changes to the energy
performance goals since the previous submission.
‘‘(b) ENERGY PERFORMANCE PLAN.—The Secretary of Defense
shall develop, and update as necessary, a comprehensive plan to
help achieve the energy performance goals for the Department
of Defense.
‘‘(c) SPECIAL CONSIDERATIONS.—For the purpose of developing
and implementing the energy performance goals and energy
performance plan, the Secretary of Defense shall consider at a
minimum the following:
‘‘(1) Opportunities to reduce the current rate of consump-
tion of energy.
‘‘(2) Opportunities to reduce the future demand and the
requirements for the use of energy.
‘‘(3) Opportunities to implement conservation measures to
improve the efficient use of energy.
‘‘(4) Opportunities to pursue alternative energy initiatives,
including the use of alternative fuels in military vehicles and
equipment.
‘‘(5) Cost effectiveness, cost savings, and net present value
of alternatives.
‘‘(6) The value of diversification of types and sources of
energy used.
‘‘(7) The value of economies-of-scale associated with fewer
energy types used.
‘‘(8) The value of the use of renewable energy sources.
‘‘(9) The potential for an action to serve as an incentive
for members of the armed forces and civilian personnel to
reduce energy consumption or adopt an improved energy
performance measure.
‘‘(d) SELECTION OF ENERGY CONSERVATION MEASURES.—(1) For
the purpose of implementing the energy performance plan, the
Secretary of Defense shall provide that the selection of energy
conservation measures, including energy efficient maintenance,
shall be limited to those measures that—
‘‘(A) are readily available;
‘‘(B) demonstrate an economic return on the investment;
‘‘(C) are consistent with the energy performance goals and
energy performance plan for the Department; and
‘‘(D) are supported by the special considerations specified
in subsection (c).
‘‘(2) In this subsection, the term ‘energy efficient maintenance’
includes—
‘‘(A) the repair of military vehicles, equipment, or facility
and infrastructure systems, such as lighting, heating, or cooling
equipment or systems, or industrial processes, by replacement
with technology that—
‘‘(i) will achieve energy savings over the life-cycle of
the equipment or system being repaired; and
‘‘(ii) will meet the same end needs as the equipment
or system being repaired; and
‘‘(B) improvements in an operation or maintenance process,
such as improved training or improved controls, that result
in energy savings.
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‘‘§ 2912. Availability and use of energy cost savings
‘‘(a) AVAILABILITY.—An amount of the funds appropriated to
the Department of Defense for a fiscal year that is equal to the
amount of energy cost savings realized by the Department, including
financial benefits resulting from shared energy savings contracts
entered into under section 2913 of this title, shall remain available
for obligation under subsection (b) until expended, without addi-
tional authorization or appropriation.
‘‘(b) USE.—The Secretary of Defense shall provide that the
amount that remains available for obligation under subsection (a)
and the funds made available under section 2916(b)(2) of this title
shall be used as follows:
‘‘(1) One-half of the amount shall be used for the
implementation of additional energy conservation measures at
buildings, facilities, or installations of the Department of
Defense or related to vehicles and equipment of the Depart-
ment, which are designated, in accordance with regulations
prescribed by the Secretary of Defense, by the head of the
department, agency, or instrumentality that realized the
savings referred to in subsection (a).
‘‘(2) One-half of the amount shall be used at the installation
at which the savings were realized, as determined by the com-
manding officer of such installation consistent with applicable
law and regulations, for—
‘‘(A) improvements to existing military family housing
units;
‘‘(B) any unspecified minor construction project that
will enhance the quality of life of personnel; or
‘‘(C) any morale, welfare, or recreation facility or
service.
‘‘(c) TREATMENT OF CERTAIN FINANCIAL INCENTIVES.—Financial
incentives received from gas or electric utilities under section 2913
of this title shall be credited to an appropriation designated by
the Secretary of Defense. Amounts so credited shall be merged
with the appropriation to which credited and shall be available
for the same purposes and the same period as the appropriation
with which merged.
‘‘(d) CONGRESSIONAL NOTIFICATION.—The Secretary of Defense
shall include in the budget material submitted to Congress in
connection with the submission of the budget for a fiscal year
pursuant to section 1105 of title 31 a separate statement of the
amounts available for obligation under this section in that fiscal
year.
‘‘§ 2913. Energy savings contracts and activities
‘‘(a) SHARED ENERGY SAVINGS CONTRACTS.—(1) The Secretary
of Defense shall develop a simplified method of contracting for
shared energy savings contract services that will accelerate the
use of these contracts with respect to military installations and
will reduce the administrative effort and cost on the part of the
Department of Defense as well as the private sector.
‘‘(2) In carrying out paragraph (1), the Secretary of Defense
may—
‘‘(A) request statements of qualifications (as prescribed by
the Secretary of Defense), including financial and performance
information, from firms engaged in providing shared energy
savings contracting;
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‘‘(B) designate from the statements received, with an update
at least annually, those firms that are presumptively qualified
to provide shared energy savings services;
‘‘(C) select at least three firms from the qualifying list
to conduct discussions concerning a particular proposed project,
including requesting a technical and price proposal from such
selected firms for such project; and
‘‘(D) select from such firms the most qualified firm to
provide shared energy savings services pursuant to a contrac-
tual arrangement that the Secretary determines is fair and
reasonable, taking into account the estimated value of the
services to be rendered and the scope and nature of the project.
‘‘(3) In carrying out paragraph (1), the Secretary may also
provide for the direct negotiation, by departments, agencies, and
instrumentalities of the Department of Defense, of contracts with
shared energy savings contractors that have been selected competi-
tively and approved by any gas or electric utility serving the depart-
ment, agency, or instrumentality concerned.
‘‘(b) PARTICIPATION IN GAS OR ELECTRIC UTILITY PROGRAMS.—
The Secretary of Defense shall permit and encourage each military
department, Defense Agency, and other instrumentality of the
Department of Defense to participate in programs conducted by
any gas or electric utility for the management of energy demand
or for energy conservation.
‘‘(c) ACCEPTANCE OF FINANCIAL INCENTIVE, GOODS, OR SERV-
ICES.—The Secretary of Defense may authorize any military
installation to accept any financial incentive, goods, or services
generally available from a gas or electric utility, to adopt tech-
nologies and practices that the Secretary determines are in the
interests of the United States and consistent with the energy
performance goals for the Department of Defense.
‘‘(d) AGREEMENTS WITH GAS OR ELECTRIC UTILITIES.—(1) The
Secretary of Defense may authorize the Secretary of a military
department having jurisdiction over a military installation to enter
into agreements with gas or electric utilities to design and imple-
ment cost-effective demand and conservation incentive programs
(including energy management services, facilities alterations, and
the installation and maintenance of energy saving devices and
technologies by the utilities) to address the requirements and cir-
cumstances of the installation.
‘‘(2) If an agreement under this subsection provides for a utility
to advance financing costs for the design or implementation of
a program referred to in that paragraph to be repaid by the United
States, the cost of such advance may be recovered by the utility
under terms no less favorable than those applicable to its most
favored customer.
‘‘(3) Subject to the availability of appropriations, repayment
of costs advanced under paragraph (2) shall be made from funds
available to a military department for the purchase of utility serv-
ices.
‘‘(4) An agreement under this subsection shall provide that
title to any energy-saving device or technology installed at a military
installation pursuant to the agreement vest in the United States.
Such title may vest at such time during the term of the agreement,
or upon expiration of the agreement, as determined to be in the
best interests of the United States.
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‘‘§ 2914. Energy conservation construction projects
‘‘(a) PROJECTS AUTHORIZED.—The Secretary of Defense may
carry out a military construction project for energy conservation,
not previously authorized, using funds appropriated or otherwise
made available for that purpose.
‘‘(b) CONGRESSIONAL NOTIFICATION.—When a decision is made
to carry out a project under this section, the Secretary of Defense
shall notify in writing the appropriate committees of Congress
of that decision. The project may then be carried out only after
the end of the 21-day period beginning on the date the notification
is received by such committees or, if earlier, the end of the 14-
day period beginning on the date on which a copy of the notification
is provided in an electronic medium pursuant to section 480 of
this title.
‘‘SUBCHAPTER II—ENERGY-RELATED PROCUREMENT
‘‘Sec.
‘‘2922. Liquid fuels and natural gas: contracts for storage, handling, or distribution.
‘‘2922a. Contracts for energy or fuel for military installations.
‘‘2922b. Procurement of energy systems using renewable forms of energy.
‘‘2922c. Procurement of gasohol as motor vehicle fuel.
‘‘2922d. Procurement of fuel derived from coal, oil shale, and tar sands.
‘‘2922e. Acquisition of certain fuel sources: authority to waive contract procedures;
acquisition by exchange; sales authority.
‘‘2922f. Preference for energy efficient electric equipment.
‘‘SUBCHAPTER III—GENERAL PROVISIONS
‘‘Sec.
‘‘2925. Annual report.
‘‘§ 2925. Annual report
‘‘(a) REPORT REQUIRED.—As part of the annual submission of
the energy performance goals for the Department of Defense under
section 2911 of this title, the Secretary of Defense shall submit
a report containing the following:
‘‘(1) A description of the progress made to achieve the
goals of the Energy Policy Act of 2005 (Public Law 109–58)
and the energy performance goals for the Department of
Defense during the preceding fiscal year.
‘‘(2) A description of the actions taken to implement the
energy performance plan in effect under section 2911 of this
title and carry out this chapter during the preceding fiscal
year.
‘‘(3) A description of the energy savings realized from such
actions.
‘‘(4) An estimate of the types and quantities of energy
consumed by the Department of Defense and members of the
armed forces and civilian personnel residing or working on
military installations during the preceding fiscal year, including
a breakdown of energy consumption by user groups and types
of energy, energy costs, and the quantities of renewable energy
produced or procured by the Department.
‘‘(5) A description of the types and amount of financial
incentives received under section 2913 of this title during the
preceding fiscal year and the appropriation account or accounts
to which the incentives were credited.
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‘‘(b) INITIAL REPORT.—In the first report required under this
section, the Secretary of Defense shall include the following:
‘‘(1) Such recommendations for changes to this chapter
as the Secretary considers appropriate to improve energy
performance.
‘‘(2) A description of how responsibility over energy
performance is distributed within the Department of Defense
and a discussion on whether such responsibilities should be
consolidated within a single entity.
‘‘(3) A discussion of the manner in which the Secretary
intends to balance the considerations specified in subsection
(c) of section 2911 of this title in developing and implementing
the energy performance goals and energy performance plan.
‘‘(4) A discussion of the extent to which non-direct energy
costs are considered in making research and development,
procurement, and construction decisions.’’.
(2) CONFORMING REPEAL.—Section 2865 of title 10, United
States Code, is repealed.
(b) INCLUSION OF ADDITIONAL ENERGY-RELATED SECTIONS.—
(1) TRANSFER
AND
REDESIGNATION
OF
CHAPTER
159
AND
169 PROVISIONS.—Sections 2857, 2867, 2689, and 2690 of title
10, United States Code, are—
(A) transferred to chapter 173 of such title, as added
by subsection (a)(1);
(B) inserted after section 2914; and
(C) redesignated as sections 2915, 2916, 2917, and
2918, respectively.
(2) TRANSFER AND REDESIGNATION OF CHAPTER 141 PROVI-
SIONS.—Sections 2388, 2394, 2394a, 2398, 2398a, 2404, and
2410c of such title are—
(A) transferred to chapter 173 of such title, as added
by subsection (a)(1);
(B) inserted after the table of sections of subchapter
II of such chapter; and
(C) redesignated as sections 2922, 2922a, 2922b, 2922c,
2922d, 2922e, and 2922f, respectively.
(3) CONFORMING AMENDMENTS.—Chapter 173 of such title,
as added by subsection (a)(1), is amended—
(A) in section 2915 (former section 2857), as transferred
and redesignated by paragraph (1)—
(i) in subsection (a), by striking ‘‘would be practical
and economically feasible’’ and inserting ‘‘is consistent
with the energy performance goals and energy perform-
ance plan for the Department of Defense developed
under section 2911 of this title and supported by the
special considerations specified in subsection (c) of such
section’’; and
(ii) in subsection (b), by striking ‘‘in those cases
in which use of such forms of energy has the potential
for reduced energy costs’’;
(B) in subsection (b)(2) of section 2916 (former section
2867), as transferred and redesignated by paragraph (1),
by striking ‘‘section 2865(a) of this title’’ and inserting
‘‘section 2911(b) of this title’’;
(C) in subsection (a)(1) of section 2922a (former section
2394), as transferred and redesignated by paragraph (2),
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PUBLIC LAW 109–364—OCT. 17, 2006
by striking ‘‘section 2689 of this title’’ and inserting ‘‘section
2917 of this title’’;
(D) in section 2922b (former section 2394a), as trans-
ferred and redesignated by paragraph (2)—
(i) in subsection (a)—
(I) by striking ‘‘possible and will be cost effec-
tive, reliable, and otherwise suited’’ and inserting
‘‘possible, suited’’; and
(II) by striking ‘‘his jurisdiction’’ and inserting
‘‘the jurisdiction of the Secretary, consistent with
the energy performance goals and energy perform-
ance plan for the Department of Defense developed
under section 2911 of this title, and supported
by the special considerations specified in sub-
section (c) of such section’’;
(ii) in subsection (b)—
(I) by striking ‘‘cost effective and’’; and
(II) by striking ‘‘section 2857 of this title’’ and
inserting ‘‘section 2915 of this title’’; and
(iii) by striking subsection (c); and
(E) in subsection (a) of section 2922f (former section
2410c), as transferred and redesignated by paragraph (2)—
(i) by striking ‘‘When cost effective, in’’ and
inserting ‘‘In’’; and
(ii) by striking ‘‘procurement, as the case may be.’’
and inserting ‘‘procurement, if providing such a pref-
erence is consistent with the energy performance goals
and energy performance plan for the Department of
Defense developed under section 2911 of this title and
supported by the special considerations specified in
subsection (c) of such section.’’.
(4) APPLICABILITY OF CHAPTER 169 DEFINITIONS.—Section
2801(c) of such title is amended by inserting ‘‘and chapter
173 of this title’’ after ‘‘chapter’’ in the matter preceding para-
graph (1).
(c) CLERICAL AMENDMENTS.—
(1) REFERENCE TO NEW CHAPTER.—The table of chapters
at the beginning of subtitle A of title 10, United States Code,
and at the beginning of part IV of such subtitle, are each
amended by inserting after the item relating to chapter 172
the following new item:
‘‘173. ENERGY SECURITY..................................................................... 2911’’.
(2) CHAPTER 141.—The table of sections at the beginning
of chapter 141 of such title is amended by striking the items
relating to sections 2388, 2394, 2394a, 2398, 2398a, 2404, and
2410c.
(3) CHAPTER 159.—The table of sections at the beginning
of chapter 159 of such title is amended by striking the items
relating to sections 2689 and 2690.
(4) CHAPTER 169.—The table of sections at the beginning
of subchapter III of chapter 169 of such title is amended by
striking the items relating to sections 2857, 2865, and 2867.
(d) CONFORMING
AMENDMENT
TO
WATER
CONSERVATION
AUTHORITY.—Subsection (b) of section 2866 of title 10, United States
Code, is amended to read as follows:
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PUBLIC LAW 109–364—OCT. 17, 2006
‘‘(b) USE OF FINANCIAL INCENTIVES AND WATER COST SAVINGS.—
(1) Financial incentives received from utilities for management
of water demand or water conservation under subsection (a)(2)
shall be credited to an appropriation designated by the Secretary
of Defense. Amounts so credited shall be merged with the appropria-
tion to which credited and shall be available for the same purposes
and the same period as the appropriation with which merged.
‘‘(2) Water cost savings realized under subsection (a)(3) shall
be used as follows:
‘‘(A) One-half of the amount shall be used for water con-
servation activities at such buildings, facilities, or installations
of the Department of Defense as may be designated (in accord-
ance with regulations prescribed by the Secretary of Defense)
by the head of the department, agency, or instrumentality
that realized the water cost savings.
‘‘(B) One-half of the amount shall be used at the installation
at which the savings were realized, as determined by the com-
manding officer of such installation consistent with applicable
law and regulations, for—
‘‘(i) improvements to existing military family housing
units;
‘‘(ii) any unspecified minor construction project that
will enhance the quality of life of personnel; or
‘‘(iii) any morale, welfare, or recreation facility or
service.
‘‘(3) The Secretary of Defense shall include in the budget mate-
rial submitted to Congress in connection with the submission of
the budget for a fiscal year pursuant to section 1105 of title 31
a separate statement of the amounts available for obligation under
this subsection in that fiscal year.’’.
SEC. 2852. DEPARTMENT OF DEFENSE GOAL REGARDING USE OF
RENEWABLE ENERGY TO MEET ELECTRICITY NEEDS.
Section 2911 of title 10, United States Code, as added by
section 2851 of this Act, is amended by adding at the end the
following new subsection:
‘‘(e) GOAL REGARDING USE OF RENEWABLE ENERGY TO MEET
ELECTRICITY NEEDS.—It shall be the goal of the Department of
Defense—
‘‘(1) to produce or procure not less than 25 percent of
the total quantity of electric energy it consumes within its
facilities and in its activities during fiscal year 2025 and each
fiscal year thereafter from renewable energy sources (as defined
in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C.
15852(b))); and
‘‘(2) to produce or procure electric energy from renewable
energy sources whenever the use of such renewable energy
sources is consistent with the energy performance goals and
energy performance plan for the Department and supported
by the special considerations specified in subsection (c).’’.
SEC. 
2853. 
CONGRESSIONAL 
NOTIFICATION 
OF 
CANCELLATION
CEILING 
FOR 
DEPARTMENT 
OF 
DEFENSE 
ENERGY
SAVINGS PERFORMANCE CONTRACTS.
Section 2913 of title 10, United States Code, as added by
section 2851 of this Act, is amended by adding at the end the
following new subsection:
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PUBLIC LAW 109–364—OCT. 17, 2006
‘‘(e) CONGRESSIONAL NOTIFICATION OF CANCELLATION CEILING
FOR ENERGY SAVINGS PERFORMANCE CONTRACTS.—When a decision
is made to award an energy savings performance contract that
contains a clause setting forth a cancellation ceiling in excess of
$7,000,000, the Secretary of Defense shall submit to the appropriate
committees of Congress written notification of the proposed contract
and of the proposed cancellation ceiling for the contract. The
notification shall include the justification for the proposed cancella-
tion ceiling. The contract may then be awarded only after the
end of the 30-day period beginning on the date the notification
is received by such committees or, if earlier, the end of the 15-
day period beginning on the date on which a copy of the notification
is provided in an electronic medium pursuant to section 480 of
this title.’’.
SEC. 2854. USE OF ENERGY EFFICIENCY PRODUCTS IN NEW CONSTRUC-
TION.
(a) USE
OF ENERGY EFFICIENT PRODUCTS.—Section 2915 of
title 10, United States Code, as transferred, redesignated, and
amended by section 2851(b) of this Act, is amended by adding
at the end the following new subsection:
‘‘(e) USE OF ENERGY EFFICIENCY PRODUCTS IN NEW CONSTRUC-
TION.—(1) The Secretary of Defense shall ensure, to the maximum
extent practicable, that energy efficient products meeting the
requirements of the Department of Defense are used in new facility
construction by or for the Department carried out under chapter
169 of this title if such products are readily available and their
use is consistent with the energy performance goals and energy
performance plan for the Department developed under section 2911
of this title and supported by the special considerations specified
in subsection (c) of such section.
‘‘(2) In determining the energy efficiency of products, the Sec-
retary shall consider products that—
‘‘(A) meet or exceed Energy Star specifications; or
‘‘(B) are listed on the Federal Energy Management Program
Product Energy Efficiency Recommendations product list of
the Department of Energy.’’.
(b) CLERICAL AMENDMENTS.—Such section is further amended—
(1) by striking the section heading and inserting the fol-
lowing:
‘‘§ 2915. New construction: use of renewable forms of energy
and energy efficient products’’;
(2) in subsection (a), by inserting ‘‘USE OF RENEWABLE
FORMS OF ENERGY ENCOURAGED.—’’ after ‘‘(a)’’;
(3) in subsection (b), by inserting ‘‘CONSIDERATION DURING
DESIGN PHASE OF PROJECTS.—’’ after ‘‘(b)’’;
(4) in subsection (c), by inserting ‘‘DETERMINATION OF COST
EFFECTIVENESS.—’’ after ‘‘(c)’’; and
(5) in subsection (d), by inserting ‘‘EXCEPTION TO SQUARE
FEET AND COST PER SQUARE FOOT LIMITATIONS.—’’ after ‘‘(d)’’.
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120 STAT. 2498
PUBLIC LAW 109–364—OCT. 17, 2006
Subtitle F—Other Matters
SEC. 2861. AVAILABILITY OF RESEARCH AND TECHNICAL ASSISTANCE
UNDER DEFENSE ECONOMIC ADJUSTMENT PROGRAM.
Section 2391 of title 10, United States Code, is amended by
inserting after subsection (b) the following new subsection:
‘‘(c) RESEARCH AND TECHNICAL ASSISTANCE.—The Secretary of
Defense may make grants to, or conclude cooperative agreements
or enter into contracts with, another Federal agency, a State or
local government, or any private entity to conduct research and
provide technical assistance in support of activities under this sec-
tion or Executive Order 12788 (57 Fed. Reg. 2213), as amended
by section 33 of Executive Order 13286 (68 Fed. Reg. 10625) and
Executive Order 13378 (70 Fed. Reg. 28413).’’.
SEC. 2862. AVAILABILITY OF COMMUNITY PLANNING ASSISTANCE
RELATING TO ENCROACHMENT OF CIVILIAN COMMU-
NITIES ON MILITARY FACILITIES USED FOR TRAINING BY
THE ARMED FORCES.
Section 2391(d)(1) of title 10, United States Code, is amended
by adding at the end the following new sentence: ‘‘For purposes
of subsection (b)(1)(D), the term ‘military installation’ includes a
military facility owned and operated by any of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, Amer-
ican Samoa, Guam, or the Virgin Islands, even though the facility
is not under the jurisdiction of the Department of Defense, if the
Secretary of Defense determines that the military facility is subject
to significant use for training by the armed forces.’’.
SEC. 2863. PROHIBITIONS AGAINST MAKING CERTAIN MILITARY AIR-
FIELDS OR FACILITIES AVAILABLE FOR USE BY CIVIL AIR-
CRAFT.
(a) PROHIBITIONS.—With respect to each military installation
specified in subsection (b), the Secretary of Defense and the Sec-
retary of the Navy may not enter into an agreement, or authorize
any other person to enter into an agreement, that would—
(1) authorize civil aircraft to regularly use an airfield or
any other property at the installation; or
(2) convey any real property at the installation, including
any airfield at the installation, for the purpose of permitting
the use of the property by civil aircraft.
(b) COVERED INSTALLATIONS.—The prohibitions in subsection
(a) apply with respect to the following military installations:
(1) Marine Corps Air Station, Camp Pendleton, California.
(2) Marine Corps Air Station, Miramar, California.
(3) Marine Corps Base, Camp Pendleton, California.
(4) Naval Air Station, North Island, California.
(c) REPEAL OF EXISTING LIMITED PROHIBITION.—Section 2894
of the Military Construction Authorization Act for Fiscal Year 1996
(division B of Public Law 104–106; 110 Stat. 592) is repealed.
SEC. 2864. MODIFICATION OF CERTAIN TRANSPORTATION PROJECTS.
(a) HIGH PRIORITY PROJECTS.—The table in section 1702 of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act:
A Legacy for Users (Public Law 109–59; 119 Stat. 1256) is
amended—
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120 STAT. 2499
PUBLIC LAW 109–364—OCT. 17, 2006
(1) in the item designated as project 4333 (119 Stat. 1422),
by striking ‘‘Plan and construct, land acquisition, Detroit West
Riverfront Greenway’’ in the project description column and
inserting ‘‘Detroit Riverfront Conservancy, Riverfront walkway,
greenway, and adjacent land planning, construction, and land
acquisition from Gabriel Richard Park at the Douglas Mac
Arthur Bridge to Riverside Park at the Ambassador Bridge,
Detroit’’; and
(2) in the item designated as project 4651 (119 Stat. 1434),
by striking ‘‘Grading, paving’’ and all that follows through
‘‘Airport’’ in the project description column and inserting
‘‘Grading, paving, roads, and the transfer of rail-to-truck for
the intermodal facility at Rickenbacker Airport, Columbus,
Ohio’’.
(b) TRANSPORTATION IMPROVEMENT PROJECT.—The table in sec-
tion 1934(c) of such Act (119 Stat. 1485) is amended in the item
designated as project 196 (119 Stat. 1495) by striking ‘‘Detroit
Riverfront Conservancy’’ and all that follows through ‘‘Detroit’’ in
the project description column and inserting ‘‘Detroit Riverfront
Conservancy, Riverfront walkway, greenway, and adjacent land
planning, construction, and land acquisition from Gabriel Richard
Park at the Douglas Mac Arthur Bridge to Riverside Park at the
Ambassador Bridge, Detroit’’.
SEC. 2865. AVAILABILITY OF FUNDS FOR SOUTH COUNTY COMMUTER
RAIL PROJECT, PROVIDENCE, RHODE ISLAND.
Funds available for the South County Commuter Rail project,
Providence, Rhode Island, authorized by paragraphs (34) and (35)
of section 3043(d) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109–
59; 119 Stat. 1650) shall be available for the purchase of commuter
rail equipment for the South County Commuter Rail project upon
the receipt by the Rhode Island Department of Transportation
of an approved environmental assessment for the South County
Commuter Rail project.
SEC. 2866. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE
ISLAND.
(a) ASSUMPTION OF RESPONSIBILITY FOR BARRIER.—Not later
than two years after the date of the enactment of this Act, the
Secretary of the Army, acting through the Chief of Engineers,
shall assume responsibility for the annual operation and mainte-
nance of the Fox Point Hurricane Barrier in Providence, Rhode
Island.
(b) IDENTIFICATION
AND CONVEYANCE
OF REQUIRED STRUC-
TURES.—The City of Providence, Rhode Island, in coordination with
the Secretary, shall identify any land and structures required for
the continued operation and maintenance, repair, replacement,
rehabilitation, and structural integrity of the Fox Point Hurricane
Barrier. The City shall convey to the Secretary, by quitclaim deed
and without consideration, all right, title, and interest of the City
in and to the land and structures so identified.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary such funds as are necessary
for each fiscal year for the operation and maintenance, including
repair, replacement, and rehabilitation, of the Fox Point Hurricane
Barrier.
Deadline.
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120 STAT. 2500
PUBLIC LAW 109–364—OCT. 17, 2006
SEC. 2867. FEDERAL FUNDING FOR FIXED GUIDEWAY PROJECTS.
The Federal Transit Administration’s Dear Colleague letter
dated April 29, 2005 (C–05–05), which requires fixed guideway
projects to achieve a ‘‘medium’’ cost-effectiveness rating for the
Federal Transit Administration to recommend such projects for
funding, shall not apply to the Northstar Corridor Commuter Rail
Project in Minnesota.
SEC. 2868. FEASIBILITY STUDY REGARDING USE OF GENERAL SERV-
ICES ADMINISTRATION PROPERTY FOR FORT BELVOIR,
VIRGINIA, REALIGNMENT.
(a) FEASIBILITY STUDY.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
shall submit to Congress a report evaluating the costs, benefits,
feasibility, and suitability of locating support functions for Fort
Belvoir and the Engineering Proving Grounds, Virginia, on property
currently occupied by General Services Administration warehouses
in Springfield, Virginia.
(b) CONSULTATION.—The Secretary of the Army shall carry
out this section in consultation with the Administrator of General
Services.
DIVISION C—DEPARTMENT OF ENERGY
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Plan for transformation of National Nuclear Security Administration nu-
clear weapons complex.
Sec. 3112. Extension of Facilities and Infrastructure Recapitalization Program.
Sec. 3113. Utilization of contributions to Global Threat Reduction Initiative.
Sec. 3114. Utilization of contributions to Second Line of Defense program.
Sec. 3115. Two-year extension of authority for appointment of certain scientific, en-
gineering, and technical personnel.
Sec. 3116. National Academy of Sciences study of quantification of margins and un-
certainty methodology for assessing and certifying the safety and reli-
ability of the nuclear stockpile.
Sec. 3117. Consolidation of counterintelligence programs of Department of Energy
and National Nuclear Security Administration.
Sec. 3118. Notice-and-wait requirement applicable to certain third-party financing
arrangements.
Sec. 3119. Extension of deadline for transfer of lands to Los Alamos County, New
Mexico, and of lands in trust for the Pueblo of San Ildefonso.
Sec. 3120. Limitations on availability of funds for Waste Treatment and Immo-
bilization Plant.
Sec. 3121. Report on Russian Surplus Fissile Materials Disposition Program.
Sec. 3122. Limitation on availability of funds for construction of MOX Fuel Fabrica-
tion Facility.
Sec. 3123. Education of future nuclear engineers.
Sec. 3124. Technical correction related to authorization of appropriations for fiscal
year 2006.
Deadline.
Reports.
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120 STAT. 2501
PUBLIC LAW 109–364—OCT. 17, 2006
Subtitle A—National Security Programs
Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2007 for the activities of the National Nuclear Security
Administration in carrying out programs necessary for national
security in the amount of $9,300,811,000, to be allocated as follows:
(1) For weapons activities, $6,417,676,000.
(2) 
For 
defense 
nuclear 
nonproliferation 
activities,
$1,701,426,000.
(3) For naval reactors, $795,133,000.
(4) For the Office of the Administrator for Nuclear Security,
$386,576,000.
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds
referred to in subsection (a) that are available for carrying out
plant projects, the Secretary of Energy may carry out the following
new plant projects:
(1) For weapons activities:
Project 07–D–140, project engineering and design, various
locations, $4,977,000.
Project 07–D–220, Radioactive Liquid Waste Treatment
Facility upgrade, Los Alamos National Laboratory, Los Alamos,
New Mexico, $14,828,000.
Project 07–D–253, Technical Area 1 Heating Systems Mod-
ernization, Sandia National Laboratories, Albuquerque, New
Mexico, $14,500,000.
(2) For defense nuclear nonproliferation activities:
Project 07–SC–05, Physical Sciences Facility, Pacific North-
west National Laboratory, Richland, Washington, $4,220,000.
(3) For naval reactors:
Project 07–D–190, project engineering and design, Mate-
rials Research Technology Complex, Bettis Atomic Power Lab-
oratory, West Mifflin, Pennsylvania, $1,485,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2007 for defense environmental
cleanup activities in carrying out programs necessary for national
security in the amount of $5,435,312,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2007 for other defense activities
in carrying out programs necessary for national security in the
amount of $717,788,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2007 for defense nuclear waste
disposal for payment to the Nuclear Waste Fund established in
section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10222(c)) in the amount of $358,080,000.
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PUBLIC LAW 109–364—OCT. 17, 2006
Subtitle B—Program Authorizations,
Restrictions, and Limitations
SEC. 3111. PLAN FOR TRANSFORMATION OF NATIONAL NUCLEAR
SECURITY ADMINISTRATION NUCLEAR WEAPONS COM-
PLEX.
(a) PLAN REQUIRED.—Subtitle A of title XLII of the Atomic
Energy Defense Act (division D of Public Law 107–314) is amended
by inserting after section 4213 (50 U.S.C. 2533) the following new
section:
‘‘SEC. 4214. PLAN FOR TRANSFORMATION OF NATIONAL NUCLEAR
SECURITY ADMINISTRATION NUCLEAR WEAPONS COM-
PLEX.
‘‘(a) PLAN REQUIRED.—The Secretary of Energy shall develop
a plan to transform the nuclear weapons complex so as to achieve
a responsive infrastructure by 2030. The plan shall be designed
to accomplish the following objectives:
‘‘(1) To maintain the safety, reliability, and security of
the United States nuclear weapons stockpile.
‘‘(2) To continue Stockpile Life Extension Programs that
the Nuclear Weapons Council considers necessary.
‘‘(3) To prepare to produce replacement warheads under
the Reliable Replacement Warhead program at a rate necessary
to meet future stockpile requirements, commencing with a first
production unit in 2012 and achieving steady-state production
using modern manufacturing processes by 2025.
‘‘(4) To eliminate, within the nuclear weapons complex,
duplication of production capability except to the extent
required to ensure the safety, reliability, and security of the
stockpile.
‘‘(5) To maintain the current philosophy within the national
security laboratories of peer review of nuclear weapons designs
while eliminating duplication of laboratory capabilities except
to the extent required to ensure the safety, reliability, and
security of the stockpile.
‘‘(6) To maintain the national security mission, and in
particular the science-based Stockpile Stewardship Program,
as the primary mission of the national security laboratories
while optimizing the work-for-others activities of those labora-
tories to support other national security objectives in fields
such as defense, intelligence, and homeland security.
‘‘(7) To consolidate to the maximum extent practicable,
and to provide for the ultimate disposition of, special nuclear
material throughout the nuclear weapons complex, with the
ultimate goal of eliminating Category I and II special nuclear
material from the national security laboratories no later than
March 1, 2012, so as to further reduce the footprint of the
nuclear weapons complex, reduce security costs, and reduce
transportation costs for special nuclear material. This objective
does not preclude the retention of Category I and II special
nuclear materials at a national security laboratory if the trans-
formation plan required by this subsection envisions a pit
production capability (including interim pit production) at a
national security laboratory.
50 USC 2534.
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PUBLIC LAW 109–364—OCT. 17, 2006
‘‘(8) To employ a risk-based approach to ensure compliance
with Design Basis Threat security requirements.
‘‘(9) To expeditiously dismantle inactive nuclear weapons
to reduce the size of the stockpile to the lowest level required
by the Nuclear Weapons Council.
‘‘(10) To operate the nuclear weapons complex in a more
cost-effective manner.
‘‘(b) REPORT.—Not later than February 1, 2007, the Secretary
of Energy shall submit to the congressional defense committees
a report on the transformation plan required by subsection (a).
The report shall address each of the objectives required by sub-
section (c) and also include each of the following:
‘‘(1) A comprehensive list of the capabilities, facilities, and
project staffing that the National Nuclear Security Administra-
tion will need to have in place at the nuclear weapons complex
as of 2030 to meet the requirements of the transformation
plan.
‘‘(2) A comprehensive list of the capabilities and facilities
that the National Nuclear Security Administration currently
has in place at the nuclear weapons complex that will not
be needed as of 2030 to meet the requirements of the trans-
formation plan.
‘‘(3) A plan for implementing the transformation plan,
including a schedule with incremental milestones.
‘‘(c) CONSULTATION.—The Secretary of Energy shall develop
the transformation plan required by subsection (a) in consultation
with the Secretary of Defense and the Nuclear Weapons Council.
‘‘(d) DEFINITION.—In this section, the term ‘national security
laboratory’ has the meaning given such term in section 3281 of
the National Nuclear Security Administration Act (50 U.S.C.
2471).’’.
(b) INCLUSION
IN FUTURE-YEARS NUCLEAR SECURITY PRO-
GRAM.—Section 3253 of the National Nuclear Security Administra-
tion Act (50 U.S.C. 2453) is amended in subsection (b) by adding
at the end the following new paragraph:
‘‘(5) A statement of proposed budget authority, estimated
expenditures, and proposed appropriations necessary to support
the programs required to implement the plan to transform
the nuclear weapons complex under section 4214 of the Atomic
Energy Defense Act, together with a detailed description of
how the funds identified for each program element specified
pursuant to paragraph (1) in the budget for the Administration
for each fiscal year during that five-fiscal-year period will help
ensure that those programs are implemented. The statement
shall assume year-to-year funding profiles that account for
increases only for projected inflation.’’.
SEC. 
3112. 
EXTENSION 
OF 
FACILITIES 
AND 
INFRASTRUCTURE
RECAPITALIZATION PROGRAM.
Section 3114 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108–136; 50 U.S.C. 2453 note), as
amended by section 3113 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118
Stat. 2160), is amended—
(1) in subsection (a)(3)(F), by striking ‘‘2011’’ and inserting
‘‘2013’’; and
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PUBLIC LAW 109–364—OCT. 17, 2006
(2) in subsection (b), by striking ‘‘2011’’ and inserting
‘‘2013’’.
SEC. 3113. UTILIZATION OF CONTRIBUTIONS TO GLOBAL THREAT
REDUCTION INITIATIVE.
Section 3132 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108—375; 118
Stat. 2166; 50 U.S.C. 2569) is amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by adding after subsection (e) the following new sub-
section:
‘‘(f) PARTICIPATION BY OTHER GOVERNMENTS AND ORGANIZA-
TIONS.—
‘‘(1) IN GENERAL.—The Secretary of Energy may, with the
concurrence of the Secretary of State, enter into one or more
agreements with any person (including a foreign government,
international organization, or multinational entity) that the
Secretary of Energy considers appropriate under which the
person contributes funds for purposes of the programs described
in paragraph (2).
‘‘(2) PROGRAMS COVERED.—The programs described in this
paragraph are the following international programs within the
Global Threat Reduction Initiative:
‘‘(A) The International Radiological Threat Reduction
program.
‘‘(B) The Emerging Threats and Gap Materials pro-
gram.
‘‘(C) The Reduced Enrichment for Research and Test
Reactors program.
‘‘(D) The Russian Research Reactor Fuel Return pro-
gram.
‘‘(E) The Global Research Reactor Security program.
‘‘(F) The Kazakhstan Spent Fuel program.
‘‘(3) RETENTION AND USE OF AMOUNTS.—Notwithstanding
section 3302 of title 31, United States Code, the Secretary
of Energy may retain and use amounts contributed under an
agreement under paragraph (1) for purposes of the programs
described in paragraph (2). Amounts so contributed shall be
retained in a separate fund established in the Treasury for
such purposes and shall be available for use without further
appropriation and without fiscal year limitation.
‘‘(4) RETURN
OF
AMOUNTS
NOT
USED
WITHIN
5
YEARS.—
If an amount contributed under an agreement under paragraph
(1) is not used under this subsection within 5 years after
it was contributed, the Secretary of Energy shall return that
amount to the person who contributed it.
‘‘(5) NOTICE TO CONGRESSIONAL DEFENSE COMMITTEES.—
Not later than 30 days after the receipt of an amount contrib-
uted under paragraph (1), the Secretary of Energy shall submit
to the congressional defense committees a notice specifying
the purpose and value of the contribution and identifying the
person who contributed it. The Secretary may not use the
amount until 15 days after the notice is submitted.
‘‘(6) ANNUAL REPORT.—Not later than October 31 of each
year, the Secretary of Energy shall submit to the congressional
defense committees a report on the receipt and use of amounts
Deadline.
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PUBLIC LAW 109–364—OCT. 17, 2006
under this subsection during the preceding fiscal year. Each
report for a fiscal year shall set forth—
‘‘(A) a statement of any amounts received under this
subsection, including, for each such amount, the value of
the contribution and the person who contributed it;
‘‘(B) a statement of any amounts used under this sub-
section, including, for each such amount, the purposes for
which the amount was used; and
‘‘(C) a statement of the amounts retained but not used
under this subsection, including, for each such amount,
the purposes (if known) for which the Secretary intends
to use the amount.
‘‘(7) EXPIRATION.—The authority to accept, retain, and use
contributions under this subsection expires on December 31,
2013.’’.
SEC. 3114. UTILIZATION OF CONTRIBUTIONS TO SECOND LINE OF
DEFENSE PROGRAM.
(a) IN GENERAL.—The Secretary of Energy may, with the
concurrence of the Secretary of State, enter into one or more agree-
ments with any person (including a foreign government, inter-
national organization, or multinational entity) that the Secretary
of Energy considers appropriate under which the person contributes
funds for purposes of the Second Line of Defense program of the
National Nuclear Security Administration.
(b) RETENTION AND USE OF AMOUNTS.—Notwithstanding section
3302 of title 31, United States Code, the Secretary of Energy may
retain and use amounts contributed under an agreement under
subsection (a) for purposes of the Second Line of Defense program.
Amounts so contributed shall be retained in a separate fund estab-
lished in the Treasury for such purposes and shall be available
for use without further appropriation and without fiscal year limita-
tion.
(c) RETURN OF AMOUNTS NOT USED WITHIN 5 YEARS.—If an
amount contributed under an agreement under subsection (a) is
not used under this section within 5 years after it was contributed,
the Secretary of Energy shall return that amount to the person
who contributed it.
(d) NOTICE
TO CONGRESSIONAL DEFENSE COMMITTEES.—Not
later than 30 days after the receipt of an amount contributed
under subsection (a), the Secretary of Energy shall submit to the
congressional defense committees a notice specifying the purpose
and value of the contribution and identifying the person who
contributed it. The Secretary may not use the amount until 15
days after the notice is submitted.
(e) ANNUAL REPORT.—Not later than October 31 of each year,
the Secretary of Energy shall submit to the congressional defense
committees a report on the receipt and use of amounts under
this section during the preceding fiscal year. Each report for a
fiscal year shall set forth—
(1) a statement of any amounts received under this section,
including, for each such amount, the value of the contribution
and the person who contributed it;
(2) a statement of any amounts used under this section,
including, for each such amount, the purposes for which the
amount was used; and
Deadline.
50 USC 2301
note.
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(3) a statement of the amounts retained but not used
under this section, including, for each such amount, the pur-
poses (if known) for which the Secretary intends to use the
amount.
(f) EXPIRATION.—The authority to accept, retain, and use con-
tributions under this section expires on December 31, 2013.
SEC. 3115. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT
OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL
PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C.
2701(c)(1)) is amended by striking ‘‘September 30, 2006’’ and
inserting ‘‘September 30, 2008’’.
SEC. 3116. NATIONAL ACADEMY OF SCIENCES STUDY OF QUANTIFICA-
TION OF MARGINS AND UNCERTAINTY METHODOLOGY
FOR ASSESSING AND CERTIFYING THE SAFETY AND RELI-
ABILITY OF THE NUCLEAR STOCKPILE.
(a) STUDY REQUIRED.—The Secretary of Energy shall, as soon
as practicable and no later than 120 days after the date of the
enactment of this Act, enter into an arrangement with the National
Research Council of the National Academy of Sciences for the
Council to carry out a study of the quantification of margins and
uncertainty methodology used by the national security laboratories
for assessing and certifying the safety and reliability of the nuclear
stockpile.
(b) MATTERS INCLUDED.—The study required by subsection (a)
shall evaluate the following:
(1) The use of the quantification of margins and uncertainty
methodology by the national security laboratories, including
underlying assumptions of weapons performance and the ability
of modeling 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 nuclear weapons stock-
pile.
(3) How the use of that methodology compares and con-
trasts between the national security laboratories.
(4) Whether the application of the quantification of margins
and uncertainty used for annual assessments and certification
of the nuclear weapons stockpile can be applied to the planned
Reliable Replacement Warhead program so as to carry out
the objective of that program to reduce the likelihood of the
resumption of underground 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 Sec-
retary of Energy and the congressional committees specified
in paragraph (2) a report on the study that addresses the
matters listed in subsection (b) and any other matters consid-
ered by the National Research Council to be relevant to the
use of the quantification of margins and uncertainty method-
ology in assessing the current or future nuclear weapons stock-
pile.
(2) SPECIFIED COMMITTEES.—The congressional committees
referred to in paragraph (1) are the following:
(A) The Committee on Armed Services of the Senate.
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(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 National Research Council con-
siders necessary to carry out its responsibilities under this section.
(e) FUNDING.—Of the amounts made available to the Depart-
ment of Energy pursuant to the authorization of appropriations
in section 3101, $2,000,000 shall be available for carrying out the
study required by this section.
SEC. 3117. CONSOLIDATION OF COUNTERINTELLIGENCE PROGRAMS
OF DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) TRANSFER OF FUNCTIONS.—
(1) IN GENERAL.—The functions, personnel, funds, assets,
and other resources of the Office of Defense Nuclear Counter-
intelligence of the National Nuclear Security Administration
are transferred to the Secretary of Energy, to be administered
(except to any extent otherwise directed by the Secretary) by
the Director of the Office of Counterintelligence of the Depart-
ment of Energy.
(2) SUNSET.—Effective September 30, 2010—
(A) the functions, personnel, funds, assets, and other
resources transferred by paragraph (1) are transferred to
the Administrator for Nuclear Security;
(B) subsection (e) of section 3220 of the National
Nuclear Security Administration Act (50 U.S.C. 2410), as
added by this section, is repealed; and
(C) section 3233 of the National Nuclear Security
Administration Act (50 U.S.C. 2423) is amended—
(i) in each of subsections (a) and (b), by striking
‘‘The Secretary of Energy shall’’ and inserting ‘‘The
Administrator shall’’; and
(ii) in subsection (b), by striking ‘‘Office of Counter-
intelligence of the Department of Energy’’ and inserting
‘‘Administration’’.
(b) NNSA COUNTERINTELLIGENCE OFFICE ABOLISHED.—
(1) IN
GENERAL.—Section 3232 of the National Nuclear
Security Administration Act (50 U.S.C. 2422) is amended—
(A) by amending the heading to read as follows:
‘‘SEC. 3232. OFFICE OF DEFENSE NUCLEAR SECURITY.’’.
(B) by striking subsection (a) and inserting the fol-
lowing new subsection (a):
‘‘(a) ESTABLISHMENT.—There is within the Administration an
Office of Defense Nuclear Security, headed by a Chief appointed
by the Secretary of Energy. The Administrator shall recommend
to the Secretary suitable candidates for such position.’’;
(C) by striking subsection (b); and
(D) by redesignating subsection (c) as subsection (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.’’.
42 USC 7144b
note.
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PUBLIC LAW 109–364—OCT. 17, 2006
(c) COUNTERINTELLIGENCE PROGRAMS AT NNSA FACILITIES.—
Section 3233 of the National Nuclear Security Administration Act
(50 U.S.C. 2423) is amended—
(1) in each of subsections (a) and (b), by striking ‘‘The
Administrator shall’’ and inserting ‘‘The Secretary of Energy
shall’’; and
(2) in subsection (b), by striking ‘‘Office of Defense Nuclear
Counterintelligence’’ and inserting ‘‘Office of Counterintel-
ligence of the Department of Energy’’.
(d) STATUS OF NNSA INTELLIGENCE AND COUNTERINTELLIGENCE
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:
‘‘(e) STATUS OF INTELLIGENCE AND COUNTERINTELLIGENCE PER-
SONNEL.—Notwithstanding the restrictions of subsections (a) and
(b), each officer or employee of the Administration, or of a contractor
of the Administration, who is carrying out activities related to
intelligence or counterintelligence shall, in carrying out those activi-
ties, be subject to the authority, direction, and control of the Sec-
retary of Energy or the Secretary’s delegate.’’.
(e) NNSA INTELLIGENCE AND COUNTERINTELLIGENCE LIAISON.—
Section 3218 of the National Nuclear Security Administration Act
(50 U.S.C. 2408) is amended in subsection (b)—
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new para-
graph (4):
‘‘(4) Liaison with the Department of Energy’s Office of
Intelligence and Counterintelligence.’’.
(f) SERVICE FROM WHICH DOE INTELLIGENCE DIRECTOR AND
COUNTERINTELLIGENCE
DIRECTOR
APPOINTED.—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 Department of Energy Organization Act are each amended
by striking ‘‘which shall be a position in the Senior Executive
Service’’ and inserting ‘‘who shall be an employee in the Senior
Executive Service, the Senior Intelligence Service, the Senior
National Intelligence Service, or any other Service that the Sec-
retary, in coordination with the Director of National Intelligence,
considers appropriate’’.
(g) INTELLIGENCE EXECUTIVE COMMITTEE; BUDGET FOR INTEL-
LIGENCE AND COUNTERINTELLIGENCE.—Section 214 of the Depart-
ment of Energy Organization Act (42 U.S.C. 7144a) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The Secretary shall be respon-
sible’’; and
(2) by adding at the end the following:
‘‘(b)(1) There is within the Department an Intelligence Execu-
tive Committee. The Committee shall consist of the Deputy Sec-
retary 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 intel-
ligence 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
Establishment.
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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 elements. Within the amounts requested for counterintel-
ligence functions, the amounts requested for the National Nuclear
Security Administration shall be specified separately from the
amounts requested for other elements of the Department.’’.
(h) REPORT.—Not later than 1 year after the date of the enact-
ment 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 amendments required by this section. The report
shall include the Inspector General’s evaluation of that implementa-
tion.
SEC. 3118. NOTICE-AND-WAIT REQUIREMENT APPLICABLE TO CERTAIN
THIRD-PARTY FINANCING ARRANGEMENTS.
Subtitle A of title XLVIII of the Atomic Energy Defense Act
(50 U.S.C. 2781 et seq.) is amended by adding at the end the
following new section:
‘‘SEC. 4804. NOTICE-AND-WAIT REQUIREMENT APPLICABLE TO CER-
TAIN THIRD-PARTY FINANCING ARRANGEMENTS.
‘‘(a) NOTICE-AND-WAIT REQUIREMENT.—The Secretary of Energy
may not enter into an arrangement described in subsection (b)
until 30 days after the date on which the Secretary notifies the
congressional defense committees in writing of the proposed
arrangement.
‘‘(b) COVERED ARRANGEMENTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
an arrangement referred to in subsection (a) is any alternative
financing arrangement, third-party financing arrangement,
public-private partnership, privatization arrangement, private
capital arrangement, or other financing arrangement that—
‘‘(A) is entered into in connection with a project con-
ducted using funds authorized to be appropriated to the
Department of Energy to carry out programs necessary
for national security; and
‘‘(B) involves a contractor or Federal agency obtaining
and charging to the Department of Energy as an allowable
cost under a contract the use of office space, facilities,
or other real property assets with a value of at least
$5,000,000.
‘‘(2) EXCEPTION.—An arrangement referred to in subsection
(a) does not include an arrangement that—
‘‘(A) involves the Department of Energy or a contractor
acquiring or entering into a capital lease for office space,
facilities, or other real property assets; or
‘‘(B) is entered into in connection with a capital
improvement project undertaken as part of an energy
savings performance contract under section 801 of the
National Energy Conservation Policy Act (42 U.S.C. 8287).’’.
SEC. 3119. EXTENSION OF DEADLINE FOR TRANSFER OF LANDS TO
LOS ALAMOS COUNTY, NEW MEXICO, AND OF LANDS IN
TRUST FOR THE PUEBLO OF SAN ILDEFONSO.
Section 632 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1998
50 USC 2784.
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PUBLIC LAW 109–364—OCT. 17, 2006
(Public Law 105–119; 111 Stat. 2523; 42 U.S.C. 2391 note) is
amended—
(1) in subsection (d)(2), by striking ‘‘10 years after the
date of enactment of this Act’’ and inserting ‘‘November 26,
2012’’; and
(2) in subsection (g)(3)(B), by striking ‘‘the end of the 10-
year period beginning on the date of enactment of this Act’’
and inserting ‘‘November 26, 2012’’.
SEC. 3120. LIMITATIONS ON AVAILABILITY OF FUNDS FOR WASTE
TREATMENT AND IMMOBILIZATION PLANT.
(a) LIMITATION RELATING
TO EARNED VALUE MANAGEMENT
SYSTEM.—
(1) IN GENERAL.—Of the amount appropriated or otherwise
available for defense environmental cleanup activities and
available for the Waste Treatment and Immobilization Plant,
not more than 90 percent of that amount may be obligated
or expended.
(2) TERMINATION OF LIMITATION.—Paragraph (1) does not
apply after the date on which the Secretary of Energy certifies
to the congressional defense committees that the Defense Con-
tract Management Agency has recommended for acceptance
the earned value management system used to track and report
costs of the Waste Treatment and Immobilization Plant.
(b) LIMITATION RELATING TO SEISMIC CRITERIA.—
(1) IN GENERAL.—Of the amount appropriated or otherwise
available for defense environmental cleanup activities and
available for the Waste Treatment and Immobilization Plant,
none of that amount may be obligated or expended for construc-
tion, or for the procurement of critical equipment affected by
seismic criteria, relating to the Pretreatment Facility and the
High-Level Waste Facility.
(2) EXCEPTION.—Paragraph (1) does not apply to the obliga-
tion or expenditure of funds for construction that is necessary
for maintenance or for activities related to maintenance.
(3) TERMINATION OF LIMITATION.—Paragraph (1) does not
apply after the date on which the Secretary of Energy certifies
to the congressional defense committees that the final seismic
and ground motion criteria have been approved by the Secretary
and that the contracting officer of the Waste Treatment and
Immobilization Plant Project has formally directed that the
final criteria be used for the final design of the Pretreatment
Facility and the High-Level Waste Facility.
SEC. 3121. REPORT ON RUSSIAN SURPLUS FISSILE MATERIALS DIS-
POSITION PROGRAM.
Not later than March 1, 2007, the Secretary of Energy shall
submit to the congressional defense committees a report on the
Russian Surplus Fissile Materials Disposition Program (in this
section referred to as the ‘‘Program’’). The report shall include—
(1) a description of the disposition method the Government
of Russia has agreed to use under the Program;
(2) a description of the assistance the United States Govern-
ment plans to provide under the Program;
(3) an estimate of the total cost and schedule of such
assistance; and
(4) an explanation of how parallelism is to be defined
for purposes of the Program, including projected goals for the
Certification.
Certification.
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disposition of Russian weapons-grade plutonium under the 2000
Plutonium Disposition and Management Agreement, and
whether such parallelism can be achieved if the United States
mixed-oxide (MOX) plutonium disposition program continues
on the current planned schedule without further delays.
SEC. 3122. LIMITATION ON AVAILABILITY OF FUNDS FOR CONSTRUC-
TION OF MOX FUEL FABRICATION FACILITY.
Of the amount appropriated under section 3101(a)(2) or other-
wise available for defense nuclear nonproliferation activities for
fiscal year 2007, none of that amount may be obligated for construc-
tion project 99–D–143, the Mixed-Oxide (MOX) Fuel Fabrication
Facility, until 30 days after the date on which the Secretary of
Energy provides to the congressional defense committees—
(1) an independent cost estimate for the United States
Surplus Fissile Materials Disposition Program and facilities;
(2) a written certification that the Department of Energy
intends to use the MOX Fuel Fabrication Facility for United
States plutonium disposition regardless of the future direction
of the Russian Surplus Fissile Materials Disposition Program;
and
(3) a corrective action plan for addressing the issues raised
by the Inspector General of the Department of Energy in the
December 2005 report titled ‘‘The Status of the Mixed Oxide
Fuel Fabrication Facility’’.
SEC. 3123. EDUCATION OF FUTURE NUCLEAR ENGINEERS.
(a) FINDINGS.—Congress makes the following findings:
(1) The Department of Defense and the Department of
Energy depend on the specialized expertise of nuclear engineers
who support the development and sustainment of technologies
including naval reactors, strategic weapons, and nuclear power
plants.
(2) Experts estimate that over 25 percent of the approxi-
mately 58,000 workers in the nuclear power industry in the
United States will be eligible to retire within 5 years, rep-
resenting both a huge loss of institutional memory and a poten-
tial national security crisis.
(3) This shortfall of workers is exacerbated by reductions
to the University Reactor Infrastructure and Education Assist-
ance program, which trains civilian nuclear scientists and engi-
neers. The defense and civilian nuclear industries are inter-
dependent on a limited number of educational institutions to
produce their workforce. A reduction in nuclear scientists and
engineers trained in the civilian sector may result in a further
loss of qualified personnel for defense-related research and
engineering.
(4) The Department of Defense’s successful Science, Math
and Research for Transformation (SMART) scholarship-for-
service program serves as a good model for a targeted scholar-
ship or fellowship program designed to educate future scientists
at the postsecondary and postgraduate levels.
(b) REPORT ON EDUCATION OF FUTURE NUCLEAR ENGINEERS.—
(1) STUDY.—The Secretary of Energy shall study the feasi-
bility and merit of establishing a targeted scholarship or fellow-
ship program to educate future nuclear engineers at the postsec-
ondary and postgraduate levels.
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(2) REPORT REQUIRED.—The President shall submit to the
congressional defense committees, at the same time that the
budget for fiscal year 2008 is submitted under section 1105(a)
of title 31, United States Code, a report on the study conducted
by the Secretary of Energy under paragraph (1).
SEC. 3124. TECHNICAL CORRECTION RELATED TO AUTHORIZATION OF
APPROPRIATIONS FOR FISCAL YEAR 2006.
Effective as of January 6, 2006, and as if included therein
as enacted, section 3101(a) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3537)
is amended by striking ‘‘$9,196,456’’ and inserting ‘‘$9,196,456,000’’.
TITLE XXXII—DEFENSE NUCLEAR
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 fiscal year 2007,
the National Defense Stockpile Manager may obligate up to
$52,132,000 of the funds in the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the
Strategic and Critical 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 Defense Stockpile
Manager may obligate amounts in excess of the amount specified
in subsection (a) if the National Defense Stockpile Manager notifies
Congress that extraordinary or emergency conditions necessitate
the additional obligations. The National Defense Stockpile Manager
may make the additional obligations described in the notification
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 provided in appropriations
Acts.
Effective date.
President.
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SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PRE-
VIOUSLY 
AUTHORIZED 
DISPOSALS 
FROM 
NATIONAL
DEFENSE STOCKPILE.
(a) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Section 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 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 paragraph (6)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(7) $1,016,000,000 by the end of fiscal year 2014.’’.
(b) FISCAL YEAR 1998 DISPOSAL AUTHORITY.—Section 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 Defense 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.—Section 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 Defense Authorization Act for Year 2000 (Public
Law 106–65; 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 period ending
September 30, 2008.’’; and
(2) in subsection (b)(2), by striking ‘‘the 10-fiscal 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 appropriated
to the Secretary of Energy $18,810,000 for fiscal 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 subsection (a) shall remain
available until expended.
TITLE XXXV—MARITIME
ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2007.
Sec. 3502. Amendments relating to the Maritime Security Fleet program.
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Sec. 3503. Applicability to certain Maritime Administration vessels of limitations
on overhaul, repair, and maintenance of vessels in foreign shipyards.
Sec. 3504. Vessel transfer authority.
Sec. 3505. United States Merchant Marine Academy graduates: service require-
ments.
Sec. 3506. United States Merchant Marine Academy graduates: service obligation
performance reporting requirement.
Sec. 3507. Temporary authority to transfer obsolete combatant vessels to Navy for
disposal.
Sec. 3508. Qualifying Reserve duty for receipt of student incentive payments.
Sec. 3509. Large passenger ship crew requirements.
Sec. 3510. Miscellaneous Maritime Administration provisions.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2007.
Funds are hereby authorized to be appropriated for fiscal year
2007, to be available without fiscal year limitation if so provided
in appropriations Acts, for the use of the Department of Transpor-
tation for the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $116,442,000.
(2) For paying reimbursement under section 3517 of the
Maritime Security Act of 2003 (46 U.S.C. 53101 note),
$19,500,000.
(3) For assistance to small shipyards and maritime commu-
nities under section 3506 of the National Defense Authorization
Act for Fiscal Year 2006 (46 U.S.C. App. 1249), $15,000,000.
(4) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, including provision of assist-
ance under section 7 of Public Law 92–402, $25,740,000.
(5) For administrative expenses related to the implementa-
tion of the loan guarantee program under title XI of the Mer-
chant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), adminis-
trative expenses related implementation of the reimbursement
program under section 3517 of the Maritime Security Act of
2003 (46 U.S.C. 53101 note), and administrative expenses
related to the implementation of the small shipyards and mari-
time communities assistance program under section 3506 of
the National Defense Authorization Act for Fiscal Year 2006
(46 U.S.C. App. 1249), $3,317,000.
SEC. 3502. AMENDMENTS RELATING TO THE MARITIME SECURITY
FLEET PROGRAM.
(a) LIMITATION ON TRANSFER OF OPERATING AGREEMENTS.—
Section 53105(e) of title 46, United States Code, is amended—
(1) by inserting ‘‘(1) IN GENERAL.—’’ before the first sen-
tence;
(2) by moving paragraph (1) (as designated by the amend-
ment made by paragraph (1) of this subsection) so as to appear
immediately below the heading 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 Secretary of Defense determines that there is no
person who is a citizen under such section and is interested
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in obtaining the operating agreement for a vessel that is other-
wise eligible to be included in the Fleet under section 53102(b)
and meets the requirements of the Department of Defense.’’.
(b) MARITIME SECURITY FLEET PROGRAM TANK VESSELS.—
(1) IN GENERAL.—Section 53103(c)(4) of title 46, United
States Code, is amended—
(A) in subparagraph (A)(i) by striking ‘‘(i)’’ and
inserting ‘‘(i)(I)’’;
(B) in subparagraph (A) by redesignating clause (ii)
as subclause (II) of clause (i);
(C) in subparagraph (A)(i)(II), as so redesignated, by
striking ‘‘53102(b).’’ and inserting ‘‘53102(b); or’’;
(D) by inserting after subparagraph (A)(i)(II), as so
redesignated, the following:
‘‘(ii)(I) not later than 9 months after the first date
amounts are available to carry out this chapter, the oper-
ator of the existing tank vessel enters into an agreement
to charter one or more tank vessels to be built in the
United States and operated as a documented vessel or
documented vessels;
‘‘(II) the combined tonnage of the vessels required to
be chartered under subclause (I) is equal to or greater
than the tonnage of the existing tank vessel subject to
an operating agreement;
‘‘(III) the operator enters into an agreement with the
Secretary that is substantially the same as an Emergency
Preparedness Agreement under section 53107 of this title,
under which the operator shall make available commercial
transportation resources as provided in that section;
‘‘(IV) if the person that is the owner or operator of
the existing tank vessel owns or operates more than one
existing tank vessel subject to an operating agreement,
the combined tonnage of those vessels required to be char-
tered under subclause (I) by that person is equal to or
greater than the combined tonnage of all such existing
tank vessels owned or operated by such person that are
subject to operating agreements.’’;
(E) in subparagraph (B) by inserting ‘‘with respect
to which a binding contract is entered into under subpara-
graph (A)(i)’’ after ‘‘existing tank vessel’’; and
(F) by adding at the end the following:
‘‘(C) For purpose of subparagraph (A)(ii), tonnage shall
be measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as prescribed
by the Secretary under section 14104 of this title.
‘‘(D) No payment under this chapter may be made for
an existing tank vessel with respect to which an agreement
is entered into under subparagraph (A)(ii) for any period
occurring—
‘‘(i) after the date that is 5 years after the first date
that amounts became available to carry out this chapter,
if the vessel or vessels required to be chartered under
subparagraph (A)(ii) have not been delivered; or
‘‘(ii) after delivery of the vessel or vessels required
to be chartered under such subparagraph, if any of such
vessels is not chartered by the operator of the existing
tank vessel.’’.
Contracts.
Deadline.
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(2) 
ASSISTANCE
AUTHORITY.—Section 
3543(a) 
of 
the
National Defense Authorization Act for Fiscal Year 2004 (46
U.S.C. 53101 note) is amended by striking ‘‘shall, to the extent
of the availability of appropriations,’’ and inserting ‘‘may’’.
(c) PRIORITY
IN ALLOCATION
OF AMOUNTS AVAILABLE
FOR
ANNUAL PAYMENTS.—Section 53106 of title 46, United States Code,
is amended by adding at the end the following:
‘‘(f) PRIORITY IN ALLOCATION OF AVAILABLE AMOUNTS.—If the
amount available for a fiscal year for making payments under
operating agreements under this chapter is not sufficient to pay
the full amount authorized under each agreement pursuant to
this section for such fiscal year, the amount available shall be
allocated among such agreements in a manner that gives priority
to payments for vessels that are subject to agreements under section
3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 note).’’.
SEC. 3503. APPLICABILITY TO CERTAIN MARITIME ADMINISTRATION
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 subsection (c) the fol-
lowing:
‘‘(d) APPLICABILITY OF LIMITATIONS ON OVERHAUL, REPAIR, AND
MAINTENANCE IN FOREIGN SHIPYARDS.—
‘‘(1) APPLICATION OF LIMITATION.—The provisions of section
7310 of title 10, United States Code, shall apply to vessels
specified in subsection (b), and to the Secretary of Transpor-
tation with respect 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 Secretary of Transportation in
support of the Department of Defense, including any vessel
assigned by the Secretary of Transportation to the Ready
Reserve Force that is owned by the United States.’’.
SEC. 3504. VESSEL TRANSFER AUTHORITY.
The Secretary of Transportation may transfer or otherwise
make available without reimbursement to any other department
a vessel under the jurisdiction of the Department of Transportation,
upon request by the Secretary of the department that receives
the vessel.
SEC. 3505. UNITED STATES MERCHANT MARINE ACADEMY GRADUATES:
SERVICE REQUIREMENTS.
(a) ALTERNATE SERVICE.—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 following
graduation from the Academy, serves as a commissioned officer
on active duty in an armed force of the United States or as a
commissioned officer of the National Oceanic and Atmospheric
Administration or the Public Health Service 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.’’.
46 USC 51306.
49 USC 301 note.
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(b) APPLICATION.—Paragraph (6) of section 1303(e) of the Mer-
chant Marine Act, 1936 (46 U.S.C. App. 1295b(e)), as added by
this section, applies only to an individual who enrolls as a cadet
at the United States Merchant Marine Academy, and signs an
agreement under paragraph (1) of that section, after the date of
the enactment of this Act.
SEC. 3506. UNITED STATES MERCHANT MARINE ACADEMY GRADUATES:
SERVICE 
OBLIGATION 
PERFORMANCE 
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 restrictions on disclo-
sure in section 552a of title 5, United States Code, the Secretary
of Defense, the Secretary of the department in which the Coast
Guard is operating, the Administrator of the National Oceanic
and Atmospheric Administration, and the Surgeon General of the
Public Health Service—
‘‘(i) shall report the status of obligated service of an indi-
vidual graduate of the Academy upon request of the Secretary;
and
‘‘(ii) may, in their discretion, notify the Secretary of any
failure of the graduate to perform 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 Atmospheric Administration or the Public Health
Service, 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 required information as
to why such graduate failed to comply.
‘‘(C) Upon receipt of such a report or notice, such graduate
may be considered to be in default of the graduate’s service obliga-
tions 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 entered into under section
1303(e) of the Merchant Marine Act, 1936 (46 U.S.C. 1295b(e))
before the date of the enactment of this Act.
SEC. 
3507. 
TEMPORARY 
AUTHORITY 
TO 
TRANSFER 
OBSOLETE
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 2007 for disposal
by the Navy, no fewer than 3 combatant vessels in the nonretention
fleet of the Maritime Administration that are acceptable to the
Secretary of the Navy.
SEC. 3508. QUALIFYING RESERVE DUTY FOR RECEIPT OF STUDENT
INCENTIVE PAYMENTS.
Section 1304(g)(2) of title XIII of the Merchant Marine Act,
1936 (46 U.S.C. App. 1295c(g)(2)) is amended to read as follows:
‘‘(2) Each agreement entered into under paragraph (1) shall
require the individual to accept enlisted reserve status in the United
States Naval Reserve (including the Merchant Marine Reserve,
46 USC 51509.
46 USC 51306
note.
46 USC 51306.
46 USC 51306
note.
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United States Naval Reserve) or the United States Coast Guard
Reserve before receiving any student incentive payments under
this subsection.’’.
SEC. 3509. LARGE PASSENGER SHIP CREW REQUIREMENTS.
Section 8103 of title 46, United States Code, is amended by
adding at the end the following:
‘‘(k) CREW REQUIREMENTS FOR LARGE PASSENGER VESSELS.—
‘‘(1) CITIZENSHIP AND NATIONALITY.—Each unlicensed sea-
man on a large passenger vessel shall be—
‘‘(A) a citizen of the United States;
‘‘(B) an alien lawfully admitted to the United States
for permanent residence;
‘‘(C) an alien allowed to be employed in the United
States under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), including an alien crewman described in
section 
101(a)(15)(D)(i) 
of 
that 
Act 
(8 
U.S.C.
1101(a)(15)(D)(i)), who meets the requirements of para-
graph (3)(A) of this subsection; or
‘‘(D) a foreign national who is enrolled in the United
States Merchant Marine Academy.
‘‘(2) PERCENTAGE LIMITATION FOR ALIEN SEAMEN.—Not more
than 25 percent of the unlicensed seamen on a vessel described
in paragraph (1) of this subsection may be aliens referred
to in subparagraph (B) or (C) of that paragraph.
‘‘(3) SPECIAL RULES FOR CERTAIN UNLICENSED SEAMEN.—
‘‘(A) 
QUALIFICATIONS.—An 
unlicensed 
seaman
described in paragraph (1)(C) of this subsection—
‘‘(i) shall have been employed, for a period of not
less than 1 year, on a passenger vessel under the
same common ownership or control as the vessel
described in paragraph (1) of this subsection, as cer-
tified by the owner or managing operator of such vessel
to the Secretary;
‘‘(ii) shall have no record of material disciplinary
actions during such employment, as verified in writing
by the owner or managing operator of such vessel
to the Secretary;
‘‘(iii) shall have successfully completed a United
States Government security check of the relevant
domestic and international databases, as appropriate,
or any other national security-related information or
database;
‘‘(iv) 
shall 
have 
successfully 
undergone 
an
employer background check—
‘‘(I) for which the owner or managing operator
provides a signed report to the Secretary that
describes the background checks undertaken that
are reasonably and legally available to the owner
or managing operator including personnel file
information obtained from such seaman and from
databases available to the public with respect to
the seaman;
‘‘(II) that consisted of a search of all informa-
tion reasonably available to the owner or managing
operator in the seaman’s country of citizenship
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and any other country in which the seaman
receives employment referrals, or resides;
‘‘(III) that is kept on the vessel and available
for inspection by the Secretary; and
‘‘(IV) the information derived from which is
made available to the Secretary upon request; and
‘‘(v) may not be a citizen or temporary or perma-
nent resident of a country designated by the United
States as a sponsor of terrorism or any other country
that the Secretary, in consultation with the Secretary
of State and the heads of other appropriate United
States agencies, determines to be a security threat
to the United States.
‘‘(B) RESTRICTIONS.—An unlicensed seaman described
in paragraph (1)(C) of this subsection—
‘‘(i) may be employed only in the steward’s depart-
ment of the vessel; and
‘‘(ii) may not perform watchstanding, automated
engine room duty watch, or vessel navigation functions.
‘‘(C) STATUS, DOCUMENTATION, AND EMPLOYMENT.—An
unlicensed seaman described in subparagraph (C) or (D)
of paragraph (1) of this subsection—
‘‘(i) is deemed to meet the nationality requirements
necessary to qualify for a merchant mariners document
notwithstanding the requirements of part 12 of title
46, Code of Federal Regulations;
‘‘(ii) is deemed to meet the proof-of-identity require-
ments necessary to qualify for a merchant mariners
document, as prescribed under regulations promul-
gated by the Secretary, if the seaman possesses—
‘‘(I) an unexpired passport issued by the
government of the country of which the seaman
is a citizen or subject; and
‘‘(II) an unexpired visa issued to the seaman,
as described in paragraph (1)(C);
‘‘(iii) shall, if eligible, be issued a merchant mari-
ners 
document 
with 
an 
appropriate 
annotation
reflecting the restrictions of subparagraph (B) of this
paragraph; and
‘‘(iv) may be employed for a period of service on
board not to exceed 36 months in the aggregate as
a 
nonimmigrant 
crewman 
described 
in 
section
101(a)(15)(D)(i) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(D)(i)) on vessels engaged in
domestic 
voyages 
notwithstanding 
the 
departure
requirements and time limitations of such section and
the regulations and rules promulgated thereunder.
‘‘(4) MERCHANT MARINER’S DOCUMENT REQUIREMENTS NOT
AFFECTED.—This subsection shall not be construed to affect
any requirement under Federal law that an individual must
hold a merchant mariner’s document.
‘‘(5) DEFINITIONS.—In this subsection:
‘‘(A) STEWARD’S
DEPARTMENT.—The term ‘steward’s
department’ means the department that includes entertain-
ment personnel and all service personnel, including wait
staff, housekeeping staff, and galley workers, as defined
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120 STAT. 2520
PUBLIC LAW 109–364—OCT. 17, 2006
in the vessel security plan approved by the Secretary pursu-
ant to section 70103(c) of this title.
‘‘(B) LARGE PASSENGER VESSEL.—The term ‘large pas-
senger vessel’ means a vessel of more than 70,000 gross
tons, as measured under section 14302 of this title, with
capacity for at least 2,000 passengers and documented
with a coastwise endorsement under chapter 121 of this
title.’’.
SEC. 3510. MISCELLANEOUS MARITIME ADMINISTRATION PROVISIONS.
(a) TECHNICAL CORRECTION REGARDING WAR RISK INSURANCE
FOR MERCHANT MARINE VESSELS.—
(1) IN GENERAL.—Section 1208(a) of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1288(a)) is amended—
(A) by striking ‘‘Upon the request of the Secretary
of Transportation, the Secretary of the Treasury may invest
or reinvest all or any part of the fund in securities of
the United States or in securities guaranteed as to principal
and interest by the United States.’’; and
(B) by inserting after ‘‘to the credit of such fund.’’
the following: ‘‘Payments of return premiums, losses, settle-
ments, judgments, and all liabilities incurred by the United
States under this title shall be made from such fund
through the Fiscal Service of the Department of the
Treasury.’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall be effective as if enacted by section 3502 of the Ronald
W. Reagan National Defense Authorization Act for Fiscal Year
2005 (118 Stat. 2195).
(b) RIGHT TO USE MARITIME ADMINISTRATION DECORATION.—
Section 8 of the Merchant Marine Decorations and Medals Act
(46 U.S.C. App. 2007) is amended by inserting ‘‘or the Secretary
of Transportation,’’ after ‘‘Act,’’.
(c) INTERMODAL CENTERS.—
(1) IN GENERAL.—Notwithstanding section 5309(m)(6)(B) of
title 49, United States Code, half of the amounts appropriated
or made available under subsections (b) and (c) of section 5338
of title 49, United States Code, for capital projects under section
5309(m)(6)(B) of that title for fiscal years 2006 through 2009
shall be made available and used, in accordance with section
9008(a) of Public Law 109–59, for an intermodal or marine
facility comprising a component of the Hawaii Port Infrastruc-
ture Expansion Program.
(2) SUPPLEMENTARY FUNDING.—Any amount made available
under paragraph (1) shall be in addition to any amounts author-
ized to be appropriated under subsections (b) and (c) of section
9008 of Public Law 109–59.
(d) TECHNICAL CORRECTION.—
(1) CORRECTION.—Section 3509 of the National Defense
Authorization Act for Fiscal Year 2006 (119 Stat. 3557) is
amended by striking ‘‘Maritime Education and Training Act
of 1980’’ and inserting ‘‘Merchant Marine Act, 1936’’.
46 USC 51701.
46 USC 51908.
46 USC 53909
note.
46 USC 53909.
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120 STAT. 2521
PUBLIC LAW 109–364—OCT. 17, 2006
LEGISLATIVE HISTORY—H.R. 5122 (S. 2766) (S. 2767):
HOUSE REPORTS: Nos. 109–452 (Comm. on Armed Services and 109–702
(Comm. of Conference).
SENATE REPORTS: No. 109–254 accompanying S. 2766 (Comm. on Armed Serv-
ices).
CONGRESSIONAL RECORD, Vol. 152 (2006):
May 10, 11, considered and passed House.
June 22, considered and passed Senate, amended, in lieu of S. 2766.
Sept. 29, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Oct. 17, Presidential statement.
(2) EFFECTIVE
DATE.—This subsection shall be effective
immediately after section 3509 of the National Defense
Authorization Act for Fiscal Year 2006 (119 Stat. 3557) takes
effect.
Approved October 17, 2006.
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