[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2766 Public Print (PP)]
June 22, 2006
Ordered to be printed as passed
109th CONGRESS
2d Session
S. 2766
_______________________________________________________________________
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
personnel strengths for such fiscal year for the Armed Forces, 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 Services 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 University 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 University
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 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 agreements 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 Director 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 Committee
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 fourteenth
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, has made unique and lasting contributions to the
national security of the United States.
(11) It is altogether fitting and proper that his Act, the
last annual authorization Act for the national defense that
Senator Warner manages 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.
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. Limitation on availability of funds for the Joint Network
Node.
Sec. 112. Comptroller General report on the contract for the Future
Combat Systems program.
Sec. 113. Reports on Army Modularity Initiative.
Sec. 114. Replacement equipment.
Subtitle C--Navy Programs
Sec. 121. CVN-21 class aircraft carrier procurement.
Sec. 122. Construction of first two vessels under the next-generation
destroyer program.
Sec. 123. Modification of limitation on total cost of procurement of
CVN-77 aircraft carrier.
Subtitle D--Air Force Programs
Sec. 141. Procurement of Joint Primary Aircraft Training System
aircraft after fiscal year 2006.
Sec. 142. Prohibition on retirement of C-130E/H tactical airlift
aircraft.
Sec. 143. Limitation on retirement of KC-135E aircraft.
Sec. 144. Limitation on retirement of B-52H bomber aircraft.
Sec. 145. Retirement of B-52H bomber aircraft.
Sec. 146. Funding for procurement of F-22A fighter aircraft.
Sec. 147. Multiyear procurement of F-119 engines for F-22A fighter
aircraft.
Sec. 148. Multi-spectral imaging capabilities.
Sec. 149. Minuteman III Intercontinental Ballistic Missiles.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for science and technology.
Sec. 203. Amount for development and validation of warfighter rapid
awareness processing technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Independent estimate of costs of the Future Combat Systems.
Sec. 212. Funding of defense science and technology programs.
Sec. 213. Hypersonics development.
Sec. 214. Trident sea-launched ballistic missiles.
Sec. 215. Arrow ballistic missile defense system.
Sec. 216. High Energy Laser Low Aspect Target Tracking.
Sec. 217. Advanced Aluminum Aerostructures Initiative.
Sec. 218. Legged mobility robotic research.
Sec. 219. Wideband Digital Airborne Electronic Sensing Array.
Sec. 220. Science and technology.
Subtitle C--Missile Defense Programs
Sec. 231. Availability of research, development, test, and evaluation
funds for fielding ballistic missile
defense capabilities.
Sec. 232. Policy of the United States on priorities in the development,
testing, and fielding of missile defense
capabilities.
Sec. 233. One-year extension of Comptroller General assessments of
ballistic missile defense programs.
Sec. 234. Submittal of plans for test and evaluation of the operational
capability of the ballistic missile defense
system.
Sec. 235. Annual reports on transition of ballistic missile defense
programs to the military departments.
Sec. 236. Testing and operations for missile defense.
Subtitle D--Other Matters
Sec. 251. Extension of requirement for Global Research Watch Program.
Sec. 252. Expansion and extension of authority to award prizes for
advanced technology achievements.
Sec. 253. Policies and practices on test and evaluation to address
emerging acquisition approaches.
Sec. 254. Development of the propulsion system for the Joint Strike
Fighter.
Sec. 255. Independent cost analyses for Joint Strike Fighter engine
program.
Sec. 256. Sense of Senate on technology sharing of Joint Strike Fighter
technology.
Sec. 257. Report on biometrics programs of the Department of Defense.
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--Program Requirements, Restrictions, and Limitations
Sec. 311. Limitation on availability of funds for the Army Logistics
Modernization Program.
Sec. 312. Availability of funds for exhibits for the national museums
of the Armed Forces.
Sec. 313. Limitation on financial management improvement and audit
initiatives within the Department of
Defense.
Sec. 314. Limitation on availability of operation and maintenance funds
for the management headquarters of the
Defense Information Systems Agency.
Sec. 315. Expansion of Junior Reserve Officers' Training Corps program.
Sec. 316. Infantry Combat Equipment.
Sec. 317. Individual First Aid Kit.
Sec. 318. Reading for the Blind and Dyslexic program of the Department
of Defense.
Sec. 319. Military training infrastructure improvements at Virginia
Military Institute.
Sec. 320. Environmental documentation for beddown of F-22A aircraft at
Holloman Air Force Base, New Mexico.
Subtitle C--Environmental Provisions
Sec. 331. Response plan for remediation of military munitions.
Sec. 332. Extension of authority to grant exemptions to certain
requirements.
Sec. 333. Research on effects of ocean disposal of munitions.
Sec. 334. Clarification of multi-year authority to use base closure
funds to fund cooperative agreements under
Environmental Restoration Program.
Sec. 335. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake
Wellfield Superfund Site, Moses Lake,
Washington.
Subtitle D--Reports
Sec. 351. Comptroller General report on readiness of the ground forces
of the Army and the Marine Corps.
Sec. 352. National Academy of Sciences study on human exposure to
contaminated drinking water at Camp
Lejeune, North Carolina.
Sec. 353. Report on aerial training airspace requirements of the
Department of Defense.
Sec. 354. Report on actions to reduce Department of Defense consumption
of petroleum-based fuel.
Sec. 355. Reports on withdrawal or diversion of equipment from reserve
units for support of reserve units being
mobilized and other units.
Sec. 356. Plan to replace equipment withdrawn or diverted from the
reserve components of the Armed Forces for
Operation Iraqi Freedom or Operation
Enduring Freedom.
Sec. 357. Plan to replace equipment withdrawn or diverted from the
reserve components of the Armed Forces for
Operation Iraqi Freedom or Operation
Enduring Freedom.
Sec. 358. Report on vehicle-based active protection systems for certain
battlefield threats.
Sec. 359. Report on high altitude aviation training site, Eagle County,
Colorado.
Sec. 360. Report on Air Force safety requirements for Air Force flight
training operations at Pueblo Memorial
Airport, Colorado.
Sec. 360A. Report on use of alternative fuels by the Department of
Defense.
Subtitle E--Workplace and Depot Issues
Sec. 361. Minimum capital investment levels for public depots serviced
by working capital funds.
Sec. 362. Permanent exclusion of certain contract expenditures from
percentage limitation on the performance of
depot-level maintenance.
Sec. 363. Additional exception to prohibition on contractor performance
of firefighting functions.
Sec. 364. Temporary security guard services for certain work caused by
realignment of military installations under
the base closure laws.
Subtitle F--Other Matters
Sec. 371. Recycling of military munitions.
Sec. 372. Incentives clauses in chemical demilitarization contracts.
Sec. 373. Extension of Department of Defense telecommunications benefit
program.
Sec. 374. Extension of availability of funds for commemoration of
success of the Armed Forces in Operation
Enduring Freedom and Operation Iraqi
Freedom.
Sec. 375. Energy efficiency in weapons platforms.
Sec. 376. Chemical demilitarization program contracting authority.
Sec. 377. Utilization of fuel cells as back-up power systems in
Department of Defense operations.
Sec. 378. Prepositioning of Department of Defense assets to improve
support to civilian authorities.
Sec. 379. Recovery and availability to corporation for the promotion of
rifle practice and firearms safety of
certain firearms, ammunition, and parts.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Repeal of requirement for permanent end strength levels to
support two major regional contingencies.
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 positions.
Sec. 502. 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).
Sec. 503. Extension of age limits for active-duty general and flag
officers.
Sec. 504. Modification of authorities on senior members of the Judge
Advocate General's Corps.
Sec. 505. Requirement for significant joint experience for officers
appointed as Surgeon General of the Army,
Navy, and Air Force.
Sec. 506. Grade and exclusion from active-duty general and flag officer
distribution and strength limitations of
officer serving as Attending Physician to
the Congress.
Sec. 507. Discretionary separation and retirement of chief warrant
officers, W-4, twice failing selection for
promotion.
Sec. 508. Increased mandatory retirement ages for reserve officers.
Sec. 509. Modification of qualifications for leadership of the Naval
Postgraduate School.
Part II--Officer Promotion Policy
Sec. 515. Promotions.
Sec. 516. Consideration of adverse information by promotion selection
boards in recommendations on officers to be
promoted.
Sec. 517. Expanded authority for removal from reports of selection
boards of officers recommended for
promotion to grades below general and flag
grades.
Sec. 518. Clarification of nondisclosure requirements applicable to
promotion selection board proceedings.
Sec. 519. Special selection board authorities.
Sec. 520. Removal from promotion lists of officers returned to the
President by the Senate.
Sec. 521. Report on joint officer promotion boards.
Part III--Joint Officer Management Requirements
Sec. 526. Modification and enhancement of general authorities on
management of joint qualified officers.
Sec. 527. Modification of promotion policy objectives for joint
officers.
Sec. 528. Applicability of joint duty assignment requirements limited
to graduates of National Defense University
schools.
Sec. 529. Modification of definitions relating to jointness.
Sec. 530. Condition on appointment of commissioned officers to position
of Director of National Intelligence or
Director of the Central Intelligence
Agency.
Subtitle B--Reserve Component Personnel Matters
Sec. 531. Enhanced flexibility in the management of reserve component
personnel.
Sec. 532. Expansion of activities authorized for Reserves under Weapons
of Mass Destruction Civil Support Teams.
Sec. 533. Modification of authorities relating to the Commission on the
National Guard and Reserves.
Sec. 534. Pilot program on reintegration of members of the National
Guard into civilian life after deployment.
Subtitle C--Military Justice and Related Matters
Sec. 551. Applicability of Uniform Code of Military Justice to members
of the Armed Forces ordered to active duty
overseas in inactive duty for training
status.
Sec. 552. Clarification of application of Uniform Code of Military
Justice during a time of war.
Subtitle D--Education and Training Matters
Sec. 561. Detail of commissioned officers as students at medical
schools.
Sec. 562. Expansion of eligibility to provide Junior Reserve Officers'
Training Corps instruction.
Sec. 563. Increase in maximum amount of repayment under education loan
repayment for officers in specified health
professions.
Sec. 564. Increase in benefits under Health Professions Scholarship and
Financial Assistance program.
Sec. 565. Report on Health Professions Scholarship and Financial
Assistance program.
Sec. 566. Expansion of instruction available at the Naval Postgraduate
School for enlisted members of the Armed
Forces.
Sec. 567. Modification of actions to address sexual harassment and
sexual violence at the service academies.
Sec. 568. Department of Defense policy on service academy and ROTC
graduates seeking to participate in
professional sports before completion of
their active-duty service obligations.
Sec. 569. Review of legal status of Junior ROTC program.
Sec. 570. Junior Reserve Officers' Training Corps instructor
qualifications.
Sec. 570A. Modification of time limit for use of entitlement to
educational assistance for reserve
component members supporting contingency
operations and other operations.
Subtitle E--Defense Dependents Education Matters
Sec. 571. Funding for assistance to local educational agencies that
benefit dependents of members of the Armed
Forces and Department of Defense civilian
employees.
Sec. 572. Impact aid for children with severe disabilities.
Sec. 573. Plan to assist local educational agencies experiencing growth
in enrollment due to force structure
changes, relocation of military units, or
BRAC.
Sec. 574. Pilot program on parent education to promote early childhood
education for dependent children affected
by military deployment or relocation of
military units.
Subtitle F--Other Matters
Sec. 581. Administration of oaths.
Sec. 582. Military ID cards for retiree dependents who are permanently
disabled.
Sec. 583. Military voting matters.
Sec. 584. Presentation of Medal of Honor Flag to primary next of kin of
Medal of Honor recipients.
Sec. 585. Modification of effective period of authority to present
recognition items for recruitment and
retention purposes.
Sec. 586. Military Severely Injured Center.
Sec. 587. Sense of Senate on notice to Congress of recognition of
members of the Armed Forces for
extraordinary acts of bravery, heroism, and
achievement.
Sec. 588. Report on provision of electronic copy of military records on
discharge or release of members from the
Armed Forces.
Sec. 589. Purple Heart award eligibility.
Sec. 590. Comprehensive review on procedures of the Department of
Defense on Mortuary Affairs.
Sec. 591. Report on omission of social security numbers on military
identification cards.
Sec. 592. Funeral ceremonies for veterans.
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.
Sec. 603. Clarification of effective date of prohibition on
compensation for correspondence courses.
Sec. 604. One-year extension of prohibition against requiring certain
injured members to pay for meals provided
by military treatment facilities.
Sec. 605. Additional housing allowance for Reserves on active duty in
support of a contingency operation.
Sec. 606. Extension of temporary continuation of housing allowance for
dependents of members dying on active duty
to spouses who are members of the uniformed
services.
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
certain health care professionals.
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. Increase in special pay for Selected Reserve health care
professionals in critically short wartime
specialties.
Sec. 616. Expansion and enhancement of accession bonus authorities for
certain officers in health care
specialities.
Sec. 617. Increase in nuclear career accession bonus for nuclear-
qualified officers.
Sec. 618. Modification of certain authorities applicable to the
targeted shaping of the Armed Forces.
Sec. 619. Extension of pilot program on contributions to Thrift Savings
Plan for initial enlistees in the Army.
Sec. 620. Accession bonus for members of the Armed Forces appointed as
commissioned officers after completing
officer candidate school.
Sec. 621. Enhancement of bonus to encourage members of the Army to
refer other persons for enlistment in the
Army.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Expansion of payment of replacement value of personal
property damaged during transport at
government expense.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Modification of Department of Defense contributions to
Military Retirement Fund and government
contributions to Medicare-Eligible Retiree
Health Care Fund.
Sec. 642. Repeal of requirement of reduction of SBP survivor annuities
by dependency and indemnity compensation.
Sec. 643. Effective date of paid-up coverage under Survivor Benefit
Plan.
Sec. 644. Expansion of conditions for direct payment of divisible
retired pay.
Sec. 645. Authority for cost of living adjustments of retired pay
treated as divisible property.
Sec. 646. Notice and copy to members of court orders on payment of
retired pay.
Sec. 647. Retention of assistive technology and devices by certain
members of the Armed Forces after
separation from service.
Sec. 648. Renaming of death gratuity payable for deaths of members of
the Armed Forces as fallen hero
compensation.
Sec. 649. Effective date of termination of phase-in of concurrent
receipt for veterans with service-connected
disabilities rated as total by virtue of
unemployability.
Sec. 650. Determination of retired pay base of general and flag
officers based on rates of basic pay
provided by law.
Sec. 651. Inapplicability of retired pay multiplier maximum percentage
to service of members of the Armed Forces
in excess of 30 years.
Sec. 652. Modification of eligibility for commencement of authority for
optional annuities for dependents under the
survivor benefit plan.
Sec. 653. Commencement of receipt of non-regular service retired pay by
members of the Ready Reserve on active
Federal status or active duty for
significant periods.
Subtitle E--Other Matters
Sec. 661. Audit of pay accounts of members of the Army evacuated from a
combat zone for inpatient care.
Sec. 662. Pilot Program on Troops to Nurse Teachers.
Sec. 663. Expansion and enhancement of authority to remit or cancel
indebtedness of members of the Armed
Forces.
Sec. 664. Exception for notice to consumer reporting agencies regarding
debts or erroneous payments pending a
decision to waive, remit, or cancel.
Sec. 665. Enhancement of authority to waive claims for overpayment of
pay and allowances.
Sec. 666. Terms of consumer credit extended to servicemember or
servicemember's dependent.
Sec. 667. Joint family support assistance program.
Sec. 668. Improvement of management of Armed Forces Retirement Home.
Subtitle F--Transition Assistance for Members of the National Guard and
Reserve Returning From Deployment in Operation Iraqi Freedom or
Operation Enduring Freedom
Sec. 681. Short title.
Sec. 682. Special working group on transition to civilian employment of
members of the National Guard and Reserve
returning from deployment in Operation
Iraqi Freedom and Operation Enduring
Freedom.
Sec. 683. Office for employers and employment assistance organizations.
Sec. 684. Additional responsibilities of Department of Defense task
force on mental health relating to mental
health of members of the National Guard and
Reserve deployed in Operation Iraqi Freedom
and Operation Enduring Freedom.
Sec. 685. Grants on assistance in community-based settings for members
of the National Guard and Reserve and their
families after deployment in Operation
Iraqi Freedom and Operation Enduring
Freedom.
Sec. 686. Longitudinal study on traumatic brain injury incurred by
members of the Armed Forces in Operation
Iraqi Freedom and Operation Enduring
Freedom.
Sec. 687. Training curricula for family caregivers on care and
assistance for members and former members
of the Armed Forces with traumatic brain
injury incurred in Operation Iraqi Freedom
and Operation Enduring Freedom.
TITLE VII--HEALTH CARE
Subtitle A--Benefits Matters
Sec. 701. Improved procedures for cancer screening for women.
Sec. 702. National mail-order pharmacy program.
Sec. 703. Availability under TRICARE of anesthesia for children in
connection with dental procedures for which
dental anesthesia is inappropriate.
Sec. 704. TRICARE coverage for forensic examinations following sexual
assaults and domestic violence.
Sec. 705. Prohibition on increase in fiscal year 2007 in enrollment
fees for coverage under TRICARE Prime.
Sec. 706. Limitation on fiscal year 2007 increase in premiums for
coverage under TRICARE of members of
reserve components who commit to continued
service in Selected Reserve after release
from active duty.
Sec. 707. Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits
program.
Sec. 708. Expansion of eligibility of members of the Selected Reserve
for coverage under TRICARE.
Subtitle B--Planning, Programming, and Management
Sec. 721. Treatment of TRICARE Retail Pharmacy Network under Federal
procurement of pharmaceuticals.
Sec. 722. Relationship between the TRICARE program and employer-
sponsored group health care plans.
Sec. 723. Enrollment in the TRICARE program.
Sec. 724. Incentive payments for the provision of services under the
TRICARE program in medically underserved
areas.
Sec. 725. Standardization of claims processing under TRICARE program
and Medicare program.
Sec. 726. Requirements for support of military treatment facilities by
civilian contractors under TRICARE.
Sec. 727. Uniform standards for access to health care services for
wounded or injured servicemembers.
Sec. 728. Disease and chronic care management.
Sec. 729. Post-deployment health assessments for members of the Armed
Forces returning from deployment in support
of a contingency operation.
Sec. 730. Mental Health Self-Assessment Program.
Sec. 731. Additional authorized option periods for extension of current
contracts under TRICARE.
Sec. 732. Military vaccination matters.
Sec. 733. Enhanced mental health screening and services for members of
the Armed Forces.
Sec. 734. Education, training, and supervision of personnel providing
special education services under extended
benefits under TRICARE.
Subtitle C--Studies and Reports
Sec. 741. Pilot projects on early diagnosis and treatment of Post
Traumatic Stress Disorder and other mental
health conditions.
Sec. 742. Annual reports on certain medical malpractice cases.
Sec. 743. Comptroller General study on Department of Defense pharmacy
benefits program.
Sec. 744. Comptroller General audits of Department of Defense health
care costs and cost-saving measures.
Sec. 745. Review of Department of Defense medical quality improvement
program.
Sec. 746. Study of health effects of exposure to depleted uranium.
Subtitle D--Other Matters
Sec. 761. Extension of limitation on conversion of military medical and
dental positions to civilian medical and
dental positions.
Sec. 762. Transfer of custody of the Air Force health study assets to
Medical Follow-Up Agency.
Sec. 763. Sense of Senate on the Transformational Medical Technology
Initiative of the Department of Defense.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Additional certification requirements for major defense
acquisition programs.
Sec. 802. Extension and enhancement of Defense Acquisition Challenge
Program.
Sec. 803. Baseline description and unit cost reports for major defense
acquisition programs.
Sec. 804. Major automated information system programs.
Sec. 805. Adjustment of original baseline estimate for major defense
acquisition programs experiencing cost
growth resulting from damage caused by
Hurricanes Katrina, Rita, and Wilma.
Sec. 806. Internal controls for procurements on behalf of the
Department of Defense by certain non-
defense agencies.
Sec. 807. Regulations on use of fixed-price contracts in development
programs.
Sec. 808. Availability of funds for performance-based logistics
contracts for weapon systems logistics
support.
Sec. 809. Quality control in procurement of ship critical safety items
and related services.
Sec. 810. Three-year extension of requirement for reports on commercial
price trend analyses of the Department of
Defense.
Sec. 811. Pilot program on time-certain development in acquisition of
major weapon systems.
Sec. 812. Government performance of critical acquisition functions.
Subtitle B--Defense Industrial Base Matters
Sec. 821. Removal of hand and measuring tools from certain
requirements.
Sec. 822. Applicability of certain requirements regarding specialty
metals.
Sec. 823. Waiver authority for domestic source or content requirements.
Sec. 824. Repeal of requirement for identification of essential
military items and military system
essential item breakout list.
Sec. 825. Consistency with United States obligations under trade
agreements.
Subtitle C--Defense Contractor Matters
Sec. 841. Requirements for defense contractors relating to certain
former Department of Defense officials.
Sec. 842. Lead systems integrators.
Sec. 843. Linking of award and incentive fees to acquisition outcomes.
Sec. 844. Prohibition on excessive pass-through charges.
Sec. 845. Report on Department of Defense contracting with contractors
or subcontractors employing members of the
Selective Reserve.
Subtitle D--Program Manager Matters
Sec. 861. Program manager empowerment and accountability.
Sec. 862. Tenure and accountability of program managers for program
development periods.
Sec. 863. Tenure and accountability of program managers for program
execution periods.
Sec. 864. Department of Defense plan for contingency program
management.
Sec. 865. Comptroller General report.
Subtitle E--Other Matters
Sec. 871. Clarification of authority to carry out certain prototype
projects.
Sec. 872. One-year extension of special temporary contract closeout
authority.
Sec. 873. One-year extension of inapplicability of certain laws to
contracting with employers of persons with
disabilities.
Sec. 874. Pilot program on expanded use of mentor-protege authority.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense Officers and
Organizations
Sec. 901. United States Military Cancer Institute.
Sec. 902. Senior acquisition executive for special operations within
staff of the Assistant Secretary of Defense
for Special Operations and Low Intensity
Conflict.
Sec. 903. United States Marine Band and United States Marine Drum and
Bugle Corps.
Sec. 904. Military deputies to the assistant secretaries of the
military departments for acquisition,
logistics, and technology matters.
Subtitle B--Space Activities
Sec. 911. Establishment of operationally responsive space capabilities.
Sec. 912. Extension of authority for pilot program on provision of
space surveillance network services to non-
United States Government entities.
Sec. 913. Independent review and assessment of Department of Defense
organization and management for national
security in space.
Subtitle C--Other Matters
Sec. 921. Department of Defense policy on unmanned systems.
Sec. 922. Executive Schedule level IV for Deputy Under Secretary of
Defense for Logistics and Materiel
Readiness.
Sec. 923. Three-year extension of joint incentives program on sharing
of health care resources by the Department
of Defense and Department of Veterans
Affairs.
Sec. 924. Sense of Senate on nomination of individual to serve as
Director of Operational Test and Evaluation
on a permanent basis.
Sec. 925. Inclusion of homeland defense and civil support missions of
the National Guard and Reserves in the
Quadrennial Defense Review.
Sec. 926. Reforms to the Defense Travel System to a Fee-For-Use-of-
Service System.
Sec. 927. Report on incorporation of elements of the reserve components
into the Special Forces.
Subtitle D--National Guard Bureau Matters
Sec. 931. Short title.
Sec. 932. Expanded authority of Chief of the National Guard Bureau and
expanded functions of the National Guard
Bureau.
Sec. 933. Requirement that position of Deputy Commander of the United
States Northern Command be filled by a
qualified National Guard officer.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. 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 inflation.
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. Modification of date of submittal of OMB/CBO report on
scoring of outlays.
Sec. 1007. Prohibition on parking of funds.
Sec. 1008. Incorporation of Classified Annex.
Sec. 1009. Reports to Congress and notice to public on earmarks in
funds available to the Department of
Defense.
Subtitle B--Naval Vessels
Sec. 1011. Repeal of requirement for 12 operational aircraft carriers
within the Navy.
Sec. 1012. Approval of transfer of naval vessels to foreign nations by
vessel class.
Sec. 1013. Naming of CVN-78 Aircraft Carrier as the U.S.S. Gerald Ford.
Sec. 1014. Authority to donate SS ARTHUR M. HUDDELL to the Government
of Greece.
Subtitle C--Counterdrug Matters
Sec. 1021. Extension of availability of funds for unified counterdrug
and counterterrorism campaign in Colombia.
Sec. 1022. Extension of authority of Department of Defense to provide
additional support for counterdrug
activities of other governmental agencies.
Sec. 1023. Extension and expansion of certain authorities to provide
additional support for counterdrug
activities.
Sec. 1024. Operation Bahamas, Turks & Caicos.
Subtitle D--Defense Intelligence and Related Matters
Sec. 1031. Two-year extension of authority to engage in commercial
activities as security for intelligence
collection activities.
Sec. 1032. Annual report on intelligence oversight activities of the
Department of Defense.
Sec. 1033. Administration of pilot project on Civilian Linguist Reserve
Corps.
Sec. 1034. Improvement of authorities on the National Security
Education Program.
Sec. 1035. Collection by National Security Agency of service charges
for certification or validation of
information assurance products.
Sec. 1036. Funding for a certain military intelligence program.
Subtitle E--Defense Against Terrorism and Related Security Matters
Sec. 1041. Enhancement of authority to pay monetary rewards for
assistance in combating terrorism.
Sec. 1042. Use of the Armed Forces in major public emergencies.
Sec. 1043. Treatment under Freedom of Information Act of certain
confidential information shared with State
and local personnel.
Sec. 1044. Temporary National Guard support for securing the southern
land border of the United States.
Subtitle F--Miscellaneous Authorities 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. Minimum annual purchase amounts for airlift from carriers
participating in the Civil Reserve Air
Fleet.
Sec. 1053. Increased flexibility in use of funds for Joint Staff
exercises.
Sec. 1054. Strengthening the Special Inspector General for Iraq
Reconstruction.
Subtitle G--Report Matters
Sec. 1061. Report on clarification of prohibition on cruel, inhuman, or
degrading treatment or punishment.
Sec. 1062. Reports on members of the Armed Forces and civilian
employees of the Department of Defense
serving in the Legislative Branch.
Sec. 1063. Additional element in annual report on chemical and
biological warfare defense.
Sec. 1064. Report on Local Boards of Trustees of the Armed Forces
Retirement Home.
Sec. 1065. Repeal of certain report requirements.
Sec. 1066. Report on incentives to encourage certain members and former
members of the Armed Forces to serve in the
Bureau of Customs and Border Protection.
Sec. 1067. Report on reporting requirements applicable to the
Department of Defense.
Sec. 1068. Report on technologies for neutralizing or defeating threats
to military rotary wing aircraft from
portable air defense systems and rocket
propelled grenades.
Sec. 1069. Reports on Department of Justice efforts to investigate and
prosecute cases of contracting abuse in
Iraq, Afghanistan, and throughout the war
on terror.
Sec. 1070. Report on biodefense staffing and training requirements in
support of national biosafety laboratories.
Sec. 1070A. Annual report on acquisitions of articles, materials, and
supplies manufactured outside the United
States.
Sec. 1070B. Annual report on foreign sales of significant military
equipment manufactured inside the United
States.
Sec. 1070C. Report on feasibility of establishing regional combatant
command for Africa.
Sec. 1070D. Annual reports on expanded use of unmanned aerial vehicles
in the National Airspace System.
Subtitle H--Technical and Conforming Amendments
Sec. 1071. Uniform definition of national security system for certain
Department of Defense purposes.
Sec. 1072. Conforming amendment relating to redesignation of Defense
Communications Agency as Defense
Information Systems Agency.
Sec. 1073. Technical amendment.
Subtitle I--Other Matters
Sec. 1081. National Foreign Language Coordination Council.
Sec. 1082. Support of successor organizations of the disestablished
Interagency Global Positioning System
Executive Board.
Sec. 1083. Quadrennial Defense Review.
Sec. 1084. Sense of Congress on the commendable actions of the Armed
Forces.
Sec. 1085. Budgeting for ongoing military operations.
Sec. 1086. Court security improvements.
Sec. 1087. Sense of the Senate on destruction of chemical weapons.
Sec. 1088. Improved accountability for competitive contracting in
hurricane recovery.
Sec. 1089. Protection of certain disclosures of information by Federal
employees.
Sec. 1090. Sense of Congress regarding the men and women of the Armed
Forces of the United States in Iraq.
Sec. 1091. Extension of returning worker exemption.
Sec. 1092. Limitation on the United States share of assessments for
United Nations peacekeeping operations.
Sec. 1093. Termination of program.
Sec. 1094. Patent term extensions for the badges of the American
Legion, the American Legion Women's
Auxiliary, and the Sons of the American
Legion.
Sec. 1095. Availability of funds for South County Commuter Rail
Project, Providence, Rhode Island.
Sec. 1096. Sense of Congress on Iraq summit.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
Sec. 1101. Accrual of annual leave for members of the uniformed
services on terminal leave performing dual
employment.
Sec. 1102. Strategy for improving the senior management, functional,
and technical workforce of the Department
of Defense.
Sec. 1103. Authority to equalize allowances, benefits, and gratuities
of personnel on official duty in Iraq and
Afghanistan.
Sec. 1104. Programs for use of leave by caregivers for family members
of individuals performing certain military
service.
Sec. 1105. Three-year extension of authority for experimental personnel
management program for scientific and
technical personnel.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--General Matters
Sec. 1201. Expansion of humanitarian and civic assistance to include
communications and information capacity.
Sec. 1202. Modification of authorities relating to the Regional Defense
Counterterrorism Fellowship Program.
Sec. 1203. Logistic support of allied forces for combined operations.
Sec. 1204. Exclusion of petroleum, oil, and lubricants from limitations
on amount of liabilities the United States
may accrue under acquisition and cross-
servicing agreements.
Sec. 1205. Temporary authority to use acquisition and cross-servicing
agreements to loan significant military
equipment to foreign forces in Iraq and
Afghanistan for personnel protection and
survivability.
Sec. 1206. Modification of authorities relating to the building of the
capacity of foreign military forces.
Sec. 1207. Participation of the Department of Defense in multinational
military centers of excellence.
Sec. 1208. Distribution of education and training materials and
information technology to enhance
interoperability.
Sec. 1209. United States' policy on the nuclear programs of Iran.
Sec. 1210. Modification of limitations on assistance under the American
Servicemembers' Protection Act of 2002.
Sec. 1211. Sense of the Congress commending the Government of Iraq for
affirming its position of no amnesty for
terrorists who attack United States Armed
Forces.
Sec. 1212. Sense of Congress on the granting of amnesty to persons
known to have killed members of the Armed
Forces in Iraq.
Sec. 1213. Annual reports on United States contributions to the United
Nations.
Sec. 1214. North Korea.
Sec. 1215. Comprehensive strategy for Somalia.
Sec. 1216. Intelligence on Iran.
Sec. 1217. Reports on implementation of the Darfur Peace Agreement.
Subtitle B--Report Matters
Sec. 1221. Report on increased role and participation of multinational
partners in the United Nations Command in
the Republic of Korea.
Sec. 1222. Report on interagency operating procedures for stabilization
and reconstruction operations.
Sec. 1223. Repeal of certain report requirements.
Sec. 1224. Reports on the Darfur Peace Agreement.
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. Removal of certain restrictions on provision of cooperative
threat reduction assistance.
TITLE XIV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1401. Purpose.
Sec. 1402. Army procurement.
Sec. 1403. Marine Corps procurement.
Sec. 1404. Air Force procurement.
Sec. 1405. Operation and maintenance.
Sec. 1406. Defense Health Program.
Sec. 1407. Military personnel.
Sec. 1408. Joint Improvised Explosive Device Defeat Fund.
Sec. 1409. Classified programs.
Sec. 1410. Iraq Freedom Fund.
Sec. 1411. Treatment as additional authorizations.
Sec. 1412. Transfer authority.
Sec. 1413. Availability of funds.
Sec. 1414. Amount for procurement of hemostatic agents for use in the
field.
Sec. 1415. Our Military Kids youth support program.
Sec. 1416. Joint Advertising, Market Research and Studies program.
Sec. 1417. Report.
Sec. 1418. Submittal to Congress of Department of Defense supplemental
and cost of war execution reports.
Sec. 1419. Limitation on availability of funds for certain purposes
relating to Iraq.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
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
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. Authorization of appropriations, Defense Agencies.
Sec. 2405. Modification of authority to carry out certain fiscal year
2006 projects.
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.
Sec. 2704. Effective date.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Three-year extension of temporary, limited authority to use
operation and maintenance funds for
construction projects outside the United
States.
Sec. 2802. Authority to carry out military construction projects in
connection with industrial facility
investment program.
Sec. 2803. Modification of notification requirements related to cost
variation authority.
Sec. 2804. Consideration of local comparability of floor areas in
construction, acquisition, and improvement
of military unaccompanied housing.
Sec. 2805. Increase in thresholds for unspecified minor military
construction projects.
Sec. 2806. Inclusion of military transportation and support systems in
energy savings program.
Sec. 2807. Repeal of authority to convey property at closed or
realigned military installations to support
military construction.
Sec. 2808. Repeal of requirement to determine availability of suitable
alternative housing for acquisition in lieu
of construction of new family housing.
Sec. 2809. Updating foreign currency fluctuation adjustment for certain
military family housing leases in Korea.
Sec. 2810. Pilot projects for acquisition or construction of military
unaccompanied housing.
Sec. 2811. Certification required for certain military construction
projects.
Sec. 2812. Modification of land acquisition authority, Perquimans
County, North Carolina.
Sec. 2813. Naming of research laboratory at Air Force Rome Research
Site, Rome, New York, in honor of Sherwood
L. Boehlert, a member of the House of
Representatives.
Sec. 2814. Naming of administration building at Joint Systems
Manufacturing Center in Lima, Ohio, after
Michael G. Oxley, a member of the House of
Representatives.
Sec. 2815. Naming of military family housing facility at Fort Carson,
Colorado, in honor of Joel Hefley, a member
of the House of Representatives.
Sec. 2816. Authority to occupy United States Southern Command family
housing.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Consolidation of easement provisions.
Sec. 2822. Authority to grant restrictive easements for conservation
and environmental restoration purposes.
Sec. 2823. Consolidation of provisions relating to transfers of real
property within the Department of Defense
and to other Federal agencies.
Sec. 2824. Authority to use excess property as exchange under
agreements to limit encroachments on
military training, testing, and operations.
Sec. 2825. Modification of utility system authority and related
reporting requirements.
Sec. 2826. Increase in authorized maximum lease term for certain
structures and real property relating to
structures in foreign countries.
Sec. 2827. Modification of land transfer authority, Potomac Annex,
District of Columbia.
Sec. 2828. Reports on Army training ranges.
Sec. 2829. Use of renewable energy to meet electricity needs.
Sec. 2830. Naming of Navy and Marine Corps Reserve Center at Rock
Island, Illinois, in honor of Lane Evans, a
Member of the House of Representatives.
Subtitle C--Base Closure and Realignment
Sec. 2831. Defense economic adjustment program: research and technical
assistance.
Sec. 2832. Extension of eligibility for community planning assistance
related to certain military facilities not
under Department of Defense jurisdiction.
Sec. 2833. Modification of deposit requirements in connection with
lease proceeds received at military
installations approved for closure or
realignment after January 1, 2005.
Sec. 2834. 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. Land conveyance, Radford Army Ammunition Plant, Virginia.
Sec. 2842. Modifications to land conveyance authority, Engineering
Proving Ground, Fort Belvoir, Virginia.
Sec. 2843. Land conveyances, Omaha, Nebraska.
Subtitle E--Other Matters
Sec. 2851. Rickenbacker Airport, Columbus, Ohio.
Sec. 2852. Highway projects, Detroit, Michigan.
Sec. 2853. Fox Point Hurricane Barrier, Providence, Rhode Island.
Sec. 2854. Land conveyance, Hopkinton, New Hampshire.
Sec. 2855. Federal funding for fixed guideway projects.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Other Matters
Sec. 3111. Notice and wait requirement applicable to certain third
party financing arrangements.
Sec. 3112. Utilization of international contributions to the Global
Threat Reduction Initiative.
Sec. 3113. Utilization of international contributions to the Second
Line of Defense Core Program.
Sec. 3114. Extension of Facilities and Infrastructure Recapitalization
Program.
Sec. 3115. Two-year extension of authority for appointment of certain
scientific, engineering, and technical
personnel.
Sec. 3116. 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. 3117. Limitations on availability of funds for Waste Treatment and
Immobilization Plant.
Sec. 3118. Limitation on availability of funds for implementation of
the Russian Surplus Fissile Materials
Disposition Program.
Sec. 3119. Limitation on availability of funds for construction of MOX
Fuel Fabrication Facility.
Sec. 3120. Technical correction related to authorization of
appropriations for fiscal year 2006.
Sec. 3121. Education of future nuclear engineers.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Transfer of government-furnished uranium stored at Sequoyah
Fuels Corporation, Gore, Oklahoma.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Completion of equity finalization process for Naval
Petroleum Reserve Numbered 1.
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
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2007
for procurement for the Army as follows:
(1) For aircraft, $3,457,329,000.
(2) For missiles, $1,428,859,000.
(3) For weapons and tracked combat vehicles,
$2,849,743,000.
(4) For ammunition, $2,036,785,000.
(5) For other procurement, $7,729,602,000.
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, $10,704,155,000.
(2) For weapons, including missiles and torpedoes,
$2,587,020,000.
(3) For shipbuilding and conversion, $12,058,553,000.
(4) For other procurement, $5,045,516,000.
(b) Marine Corps.--Funds are hereby authorized to be appropriated
for fiscal year 2007 for procurement for the Marine Corps in the amount
of $1,300,213,000.
(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 $809,943,000.
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, $12,004,096,000.
(2) For missiles, $4,224,145,000.
(3) For ammunition, $1,076,749,000.
(4) For other procurement, $15,434,586,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year 2007
for Defense-wide procurement in the amount of $2,980,498,000.
Subtitle B--Army Programs
SEC. 111. LIMITATION ON AVAILABILITY OF FUNDS FOR THE JOINT NETWORK
NODE.
(a) Limitation.--Of the amount authorized to be appropriated by
section 101(5) for other procurement for the Army and available for
purposes of the procurement of the Joint Network Node, not more than 50
percent of such amount may be available for such purposes until the
Secretary of the Army submits to the congressional defense committees a
report on the strategy of the Army for the convergence of the Joint
Network Node, the Warfighter Information Network--Tactical, and the
Mounted Battle Command On-the-Move communications programs.
(b) Elements.--The report described in subsection (a) shall include
a description of the acquisition plan required for the convergence
described in that subsection, including the implementation plan,
schedule, and funding of such acquisition plan.
(c) Deadline.--The report described in subsection (a) shall be
submitted under that subsection, if at all, not later than March 15,
2007.
SEC. 112. 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:
(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
integrator 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 interests with respect to
competition on Future Combat Systems technologies and equipment
under subcontracts under the Future Combat Systems program.
SEC. 113. REPORTS ON ARMY MODULARITY INITIATIVE.
(a) Report by Secretary of the Army.--
(1) Report required.--Not later than March 15, 2007, the
Secretary of the Army shall submit to the congressional defense
committees a report on the modularity initiative of the Army.
(2) Elements.--The report required by this subsection shall
include the following:
(A) A description of the manner in which the Army
distinguishes costs under the modularity initiative
from costs of modernization and reset.
(B) An identification, by line item, of the amount
of funds expended to date on the modularity initiative.
(C) An identification, by line item, of the amount
of funds the Army has budgeted and programmed to date
on the modularity initiative.
(D) A detailed description on how modularity
equipment will be allocated to the regular components
and reserve components of the Armed Forces by 2011, and
a description of any anticipated shortfalls in such
allocation.
(E) A plan for further testing and evaluation of
modular designs, and a summary of any lessons learned
to date from modular brigades that have been
established, deployed to Iraq, or both.
(b) Annual Comptroller General Reports.--
(1) Reports required.--The Comptroller General of the
United States shall submit to the congressional defense
committees each year, not later than 45 days after the date on
which the budget of the President is submitted to Congress for
a fiscal year under section 1105 of title 31, United States
Code, a report on the assessment of the Comptroller General on
the following:
(A) The progress of the Army in equipping and
manning modular units in the regular components and
reserve components of the Armed Forces.
(B) The use of funds by the Army for the modularity
initiative.
(C) The progress of the Army in conducting further
testing and evaluations of designs under the modularity
initiative.
(2) First report.--The first report required under this
subsection shall be submitted in conjunction with the budget
for fiscal year 2008.
SEC. 114. REPLACEMENT EQUIPMENT.
(a) Priority.--Priority for the distribution of new and combat
serviceable equipment, with associated support and test equipment for
acting and reserve component forces, shall be given to units scheduled
for mission deployment, employment first, or both regardless of
component.
(b) Allocation.--In the amounts authorized to be appropriated by
section 101(5) for the procurement of replacement equipment, subject to
subsection (a), priority for the distribution of Army National Guard
equipment described in subsection (a) may be given to States that have
experienced a major disaster, as determined under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121-
5206), and may require replacement equipment to respond to future
emergencies/disasters only after distribution of new and combat
serviceable equipment has been made in accordance with subsection (a).
Subtitle C--Navy Programs
SEC. 121. CVN-21 CLASS AIRCRAFT CARRIER PROCUREMENT.
(a) Availability of Funds for CVN-21 Class Aircraft Carriers.--
Amounts authorized to be appropriated to Shipbuilding and Conversion,
Navy, for purposes of the construction of CVN-21 class aircraft
carriers shall be available in the fiscal year for which authorized to
be appropriated and the succeeding three fiscal years.
(b) Amount Authorized From SCN Account for Fiscal Year 2007.--Of
the amount authorized to be appropriated by section 102(a)(3) for
fiscal year 2007 for Shipbuilding and Conversion, Navy, $834,100,000
shall be available for advance procurement with respect to the CVN-21
class aircraft carriers designated CVN-78, CVN-79, and CVN-80.
(c) Contract Authority.--
(1) Advance procurement.--The Secretary of the Navy may
enter into a contract during fiscal year 2007 for advance
procurement with respect to the CVN-21 class aircraft carriers
designated CVN-79 and CVN-80.
(2) Construction.--In the fiscal year immediately following
the last fiscal year of the contract for advance procurement
for a CVN-21 class aircraft carrier referred to in paragraph
(1), 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.
(d) Condition for Out-Year Contract Payments.--A contract entered
into under subsection (b) shall provide that any obligation 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.
SEC. 122. CONSTRUCTION OF FIRST TWO VESSELS UNDER THE 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 Shipbuilding
and Conversion, Navy, $2,568,000,000 may be available for the
construction of the first two vessels under the next-generation
destroyer program.
(b) Contract Authority.--
(1) In general.--The Secretary of the Navy may in
accordance with section 2306b of title 10, United States Code,
enter into a multiyear contract beginning with the fiscal year
2007 program year for procurement of each of the first two
vessels under the next-generation destroyer program.
(2) Limitation.--Not more than one contract described in
paragraph (1) may be awarded under that paragraph to a single
surface-combatant shipyard.
(3) Duration on procurement.--Each contract under paragraph
(1) shall contemplate funding for the procurement of a vessel
under such contract in fiscal years 2007 and 2008.
(4) Condition on out-year contract payments.--A contract
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.
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''.
Subtitle D--Air Force Programs
SEC. 141. 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 commercial items (48 C.F.R.
12.000 et seq.).
SEC. 142. PROHIBITION ON RETIREMENT OF C-130E/H TACTICAL AIRLIFT
AIRCRAFT.
The Secretary of the Air Force shall not retire any C-130E/H
tactical airlift aircraft of the Air Force in fiscal year 2007.
SEC. 143. LIMITATION ON RETIREMENT OF KC-135E AIRCRAFT.
The Secretary of the Air Force shall ensure that the number, if
any, of KC-135E aircraft of the Air Force that is retired in fiscal
year 2007 does not exceed 29 such aircraft.
SEC. 144. LIMITATION ON RETIREMENT OF B-52H BOMBER AIRCRAFT.
The Secretary of the Air Force shall ensure that the number, if
any, of B-52H bomber aircraft of the Air Force that is retired in
fiscal year 2007 does not exceed 18 such aircraft.
SEC. 145. RETIREMENT OF B-52H BOMBER AIRCRAFT.
(a) Limitation on Retirement Pending Report on Bomber Force
Structure.--No funds authorized to be appropriated for the Department
of Defense may be obligated or expended for retiring or dismantling any
of the 93 B-52H bomber aircraft in service in the Air Force as of June
1, 2006, until 30 days after the Secretary of the Air Force transmits
to the Committees on Armed Services of the Senate and the House of
Representatives a report on the bomber force structure of the Air Force
meeting the requirements of subsection (b).
(b) Elements.--
(1) In general.--A report under subsection (a) shall set
forth the following:
(A) The plan of the Air Force for the modernization
of the B-52H bomber aircraft fleet.
(B) The plans of the Air Force for the
modernization of the balance of the bomber force
structure.
(C) The amount and type of bombers in the bomber
force structure that is appropriate to meet the
requirements of the national security strategy of the
United States.
(D) A justification of the cost and projected
savings of any reductions to the B-52H bomber aircraft
fleet as a result of the retirement or dismantlement of
the B-52H bomber aircraft covered by the report.
(E) The life expectancy of each bomber aircraft to
remain in the bomber force structure.
(F) The date by which any new bomber aircraft must
reach initial operational capability and the
capabilities of the bomber force structure that would
be replaced or superseded by any new bomber aircraft.
(2) Amount and type of bomber force structure defined.--In
this subsection, the term ``amount and type of bomber force
structure'' means the number of B-2 bomber aircraft, B-52H
bomber aircraft, and B-1 bomber aircraft that are required to
carry out the national security strategy of the United States.
(c) Preparation of Report.--A report under this section shall be
prepared and submitted by the Institute of Defense Analysis to the
Secretary of the Air Force for transmittal by the Secretary in
accordance with subsection (a).
SEC. 146. FUNDING FOR PROCUREMENT OF F-22A FIGHTER AIRCRAFT.
(a) Prohibition on Use of Incremental Funding.--The Secretary of
the Air Force shall not use incremental funding for the procurement of
F-22A fighter aircraft.
(b) Multiyear Procurement.--The Secretary of the Air Force may, in
accordance with section 2306b of title 10, United States Code, enter
into a multiyear contract beginning with the fiscal year 2007 program
year for procurement of not more than 60 F-22A fighter aircraft.
SEC. 147. MULTIYEAR PROCUREMENT OF F-119 ENGINES FOR F-22A FIGHTER
AIRCRAFT.
The Secretary of the Air Force may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear contract
beginning with the fiscal year 2007 program year for procurement of the
following:
(1) Not more than 120 F-119 engines for F-22A fighter
aircraft.
(2) Not more than 13 spare F-119 engines for F-22A fighter
aircraft.
SEC. 148. MULTI-SPECTRAL IMAGING CAPABILITIES.
(a) Findings.--The Senate makes the following findings:
(1) The budget of the President for fiscal year 2007, as
submitted to Congress under section 1105(a) of title 31, United
States Code, and the current Future-Years Defense Program
adopts an Air Force plan to retire the remaining fleet of U-2
aircraft by 2011.
(2) This retirement would eliminate the multi-spectral
capability provided by the electro-optical/infrared (EO/IR)
Senior Year Electro-optical Reconnaissance System (SYERS-2)
high-altitude imaging system.
(3) The system referred to in paragraph (2) provides high-
resolution, long-range, day-and-night image intelligence.
(4) The infrared capabilities of the system referred to in
paragraph (2) can defeat enemy efforts to use camouflage or
concealment, as well as provide images through poor visibility
and smoke.
(5) Although the Air Force has previously recognized the
military value of Senior Year Electro-optical Reconnaissance
System sensors, the Air Force has no plans to migrate this
capability to any platform remaining in the fleet.
(6) The Air Force could integrate such capabilities onto
the Global Hawk platform to retain this capability for
combatant commanders.
(7) The Nation risks a loss of an important intelligence
gathering capability if this capability is not transferred to
another platform.
(b) Sense of Senate.--It is the sense of the Senate that the Air
Force should investigate ways to retain the multi-spectral imaging
capabilities provided by the Senior Year Electro-optical Reconnaissance
System high-altitude imaging system after the retirement of the U-2
aircraft fleet.
(c) Report Requirement.--The Secretary of the Air Force shall
submit to the congressional defense committees, at the same time the
budget of the President for fiscal year 2008 is submitted to Congress
under section 1105(a) of title 31, United States Code, a plan for
migrating the capabilities provided by the Senior Year Electro-optical
Reconnaissance System high-altitude imaging system from the U-2
aircraft to the Global Hawk platform before the retirement of the U-2
aircraft fleet in 2011.
SEC. 149. MINUTEMAN III INTERCONTINENTAL BALLISTIC MISSILES.
(a) Findings.--Congress makes the following findings:
(1) In the Joint Explanatory Statement of the Committee of
Conference on H.R. 1815, the National Defense Authorization Act
for Fiscal Year 2006, the conferees state that the policy of
the United States ``is to deploy a force of 500 ICBMs''. The
conferees further note ``that unanticipated strategic
developments may compel the United States to make changes to
this force structure in the future.''.
(2) The Quadrennial Defense Review (QDR) conducted under
section 118 of title 10, United States Code, in 2005 finds that
maintaining a robust nuclear deterrent ``remains a keystone of
United States national power''. However, notwithstanding that
finding and without providing any specific justification for
the recommendation, the Quadrennial Defense Review recommends
reducing the number of deployed Minuteman III Intercontinental
Ballistic Missiles (ICBMs) from 500 to 450 beginning in fiscal
year 2007. The Quadrennial Defense Review also fails to
identify what unanticipated strategic developments compelled
the United States to reduce the Intercontinental Ballistic
Missile force structure.
(3) The commander of the Strategic Command, General James
Cartwright, testified before the Committee on Armed Services of
the Senate that the reduction in deployment of Minuteman III
Intercontinental Ballistic Missiles is required so that the 50
missiles withdrawn from the deployed force could be used for
test assets and spares to extend the life of the Minuteman III
Intercontinental Ballistic Missile well into the future. If
spares are not modernized, the Air Force may not have
sufficient replacement missiles to sustain the force size.
(b) Modernization of Intercontinental Ballistic Missiles
Required.--The Air Force shall modernize Minuteman 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.
(c) Limitation on Termination of Modernization Program Pending
Report.--No funds authorized to be appropriated for the Department of
Defense may be obligated or expended for the termination of any
Minuteman III ICBM modernization program, or for the withdrawal of any
Minuteman III Intercontinental Ballistic Missile from the active force,
until 30 days after the Secretary of Defense submits to the
congressional defense committees 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
Intercontinental Ballistic Missile force with multiple
independent warheads rather than single warheads as recommended
by past reviews of the United States nuclear posture.
(3) An assessment of the test assets and spares required to
maintain a force of 500 deployed Minuteman III Intercontinental
Ballistic Missiles through 2030.
(4) An assessment of the test assets and spares required to
maintain a force of 450 deployed Minuteman III Intercontinental
Ballistic Missiles through 2030.
(5) An inventory of currently available Minuteman III
Intercontinental Ballistic Missile test assets and spares.
(6) A plan to sustain and complete the modernization of all
deployed and spare Minuteman III Intercontinental Ballistic
Missiles, a test plan, and an analysis of the funding required
to carry out modernization of all deployed and spare Minuteman
III Intercontinental Ballistic Missiles.
(7) An assessment of whether halting upgrades to the
Minuteman III Intercontinental Ballistic 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 Intercontinental
Ballistic Missile force beyond fiscal year 2030.
(d) Remote Visual Assessment.--
(1) Additional amount for research, development, test, and
evaluation, air force.--The amount authorized to be
appropriated by section 201(3) for research, development, test,
and evaluation for the Air Force is hereby increased by
$5,000,000.
(2) Availability of amount.--Of the amount authorized to be
appropriated by section 201(3) for research, development, test,
and evaluation for the Air Force, as increased by paragraph
(1), $5,000,000 may be available for ICBM Security
Modernization (PE #0604851) for Remote Visual Assessment for
security for silos for intercontinental ballistic missiles
(ICBMs).
(3) Offset.--The amount authorized to be appropriated by
section 103(2) for procurement of missiles for the Air Force is
hereby reduced by $5,000,000, with the amount of the reduction
to be allocated to amounts available for the Evolved Expendable
Launch Vehicle.
(e) ICBM Modernization Program Defined.--In this section, the term
``ICBM Modernization program'' means each of the following for the
Minuteman III Intercontinental Ballistic Missile:
(1) The Guidance Replacement Program (GRP).
(2) The Propulsion Replacement Program (PRP).
(3) The Propulsion System Rocket Engine (PSRE) program.
(4) The Safety Enhanced Reentry Vehicle (SERV) program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
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, development,
test, and evaluation as follows:
(1) For the Army, $11,151,009,000.
(2) For the Navy, $17,451,823,000.
(3) For the Air Force, $24,400,857,000.
(4) For Defense-wide activities, $21,160,459,000, of which
$181,520,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.
(a) Amount for Projects.--Of the total amount authorized to be
appropriated by section 201, $11,468,959,000 shall be available for
science and technology projects.
(b) Science and Technology Defined.--In this section, the term
``science and technology project'' means work funded in program
elements for defense research, development, test, and evaluation under
Department of Defense budget activities 1, 2, or 3.
SEC. 203. AMOUNT FOR DEVELOPMENT AND VALIDATION OF WARFIGHTER RAPID
AWARENESS PROCESSING TECHNOLOGY.
(a) Increase in Amount for Research, Development, Test, and
Evaluation for the Navy.--The amount authorized to be appropriated by
section 201(2) for research, development, test, and evaluation for the
Navy is hereby increased by $4,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(2) for research, development, test, and
evaluation for the Navy, as increased by subsection (a), $4,000,000 may
be available for the development, validation, and demonstration of
warfighter rapid awareness processing technology for distributed
operations within the Marine Corps Landing Force Technology program.
(c) Offset.--The amount authorized to be appropriated by section
421 for military personnel is hereby decreased by $4,000,000, due to
unexpended obligations, if available.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. INDEPENDENT ESTIMATE OF COSTS OF THE FUTURE COMBAT SYSTEMS.
(a) Limitation on Availability of Funds for Certain Activities.--Of
the amount authorized to be appropriated by this title and available
for the Future Combat Systems (FCS) for purposes of system of systems
engineering and program management for the Future Combat Systems, an
amount equal to $500,000,000 of such amount may not be obligated and
expended for such purposes until the Secretary of Defense submits to
the congressional defense committees the report required by subsection
(b)(4).
(b) Independent Estimate Required.--
(1) In general.--The Secretary of Defense shall provide for
the preparation of an independent estimate of the anticipated
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.
(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 Systems and its major subcontractors.
(4) Submittal to congress.--Upon completion of the
independent 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 the date of the
submittal to Congress of the budget of the President for fiscal
year 2008 (as submitted to Congress under section 1105(a) of
title 31, United States Code).
(c) 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. 212. FUNDING OF DEFENSE SCIENCE AND TECHNOLOGY PROGRAMS.
(a) Extension of Funding Objective.--Subsection (b) of section 212
of the National Defense Authorization Act for Fiscal Year 2000 (10
U.S.C. 2501 note) is amended by striking ``through 2009'' and inserting
``through 2012''.
(b) Actions Following Failure To Comply With Objective.--Such
section is further amended by adding at the end the following new
subsection:
``(c) Actions Following Failure To Comply With Objective.--(1) 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--
``(A) a detailed, prioritized list, including estimates of
required funding, of highly-rated, peer-reviewed science and
technology projects received by the Department through
competitive solicitations and broad agency announcements
which--
``(i) are not funded solely due to lack of
resources, but
``(ii) represent science and technology
opportunities that support the research and development
programs and goals of the military departments and the
Defense Agencies; and
``(B) a report, in both classified and unclassified form,
containing an analysis and evaluation of international research
and technology capabilities, including an identification of any
technology areas in which the United States will not have
global technical leadership within the next five years, in each
of the technology areas described in the following plans:
``(i) 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).
``(ii) The Defense Technology Area Plan of the
Department of Defense.
``(iii) The Basic Research Plan of the Department
of Defense.
``(2)(A) The list required by paragraph (1)(A) for a fiscal year in
which the budget for such fiscal year fails to comply with the
objective in subsection (b) shall be submitted together with the
Department of Defense budget justification materials submitted to
Congress under section 1105 of title 31, United States Code, with the
budget for the next fiscal year.
``(B) The report required by paragraph (1)(B) for a fiscal year in
which the budget for such fiscal year fails to comply with the
objective in subsection (b) shall be submitted not later than the six
months after the submittal of the Department of Defense budget
justification materials that are submitted to Congress under section
1105 of title 31, United States Code, with the budget for the next
fiscal year.''.
SEC. 213. 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
subsection (a) shall do the following:
(1) Coordinate and integrate the research, development,
test, and evaluation programs and system demonstration 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 programs on hypersonics of the Defense
Agencies; and
(B) coordination of the programs referred to in
subparagraph (A) with the programs on hypersonics of
the National Aeronautics and Space Administration.
(3) Approve demonstration programs on hypersonic systems.
(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
subsection (e) as being consistent with the roadmap under
subsection (d).
(d) Roadmap.--
(1) Roadmap required.--The joint technology office
established under subsection (a) shall, in coordination with
the Joint Staff and the National Aeronautics and Space
Administration, develop a roadmap for the hypersonics programs
of the Department of Defense.
(2) Elements.--The roadmap shall include the following
matters:
(A) Short-term, mid-term, and long-term goals for
the Department of Defense on hypersonics which shall be
consistent with the missions and anticipated
requirements of the Department over the applicable
period.
(B) Acquisition transition plans for hypersonics.
(C) Anticipated mission requirements for
hypersonics.
(D) A schedule for meeting such goals, including
the activities and funding anticipated to be required
for meeting such goals.
(3) Submittal to congress.--The Secretary shall submit the
roadmap to the congressional defense committees 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).
(e) Annual Review and Certification of Funding.--
(1) Annual review.--The joint technology office established
under subsection (a) shall conduct on an annual basis a review
of the funding available for research, development, test, and
evaluation and demonstration programs of the Department of
Defense on hypersonics in order to determine whether or not
such funding and programs are 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 under
that subsection not to be consistent with the roadmap developed under
subsection (d), the Secretary shall submit to Congress a report on such
funding or program, as the case may be, together with a statement of
the actions to be taken to make such funding or program, as the case
may be, consistent with the roadmap.
(g) Hypersonics Defined.--In this section, the term ``hypersonics''
means aircraft and missiles capable of travelling at speeds in excess
of Mach 5.
SEC. 214. TRIDENT SEA-LAUNCHED BALLISTIC MISSILES.
(a) Limitation on Availability of Funds.--
(1) In general.--Except as provided in paragraph (2), none
of the funds authorized to be appropriated by this Act for the
Conventional Trident Modification (CTM) program may be
obligated or expended for the development or modification of
the Trident D-5 sea-launched ballistic missile until 30 days
after the date on which the report required by subsection (b)
is submitted to the congressional defense committees.
(2) Exception.--Paragraph (1) shall not apply with respect
to amounts authorized to be appropriated by section 201(2) for
research, development, test, and evaluation, Navy, and
available for Advanced Conventional Strike Capability (PE
#64327N) in an amount not to exceed $32,000,000.
(b) Report.--
(1) Report required.--The Secretary of Defense shall, in
consultation with the Secretary of State, submit to the
congressional defense committees a report setting forth a
proposal to replace nuclear warheads on twenty-four Trident D-5
sea-launched ballistic missiles with conventional kinetic
warheads for deployment on submarines that carry Trident sea-
launched ballistic missiles.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of the types of scenarios, types
of targets, and circumstances in which a conventional
sea-launched ballistic missile would be used.
(B) 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 subparagraph (A), and
a statement of any reason why each is not a suitable
alternative to a conventional sea-launched ballistic
missile.
(C) 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).
(D) An assessment of the capabilities of other
countries to detect and track the launch of a
conventional or nuclear sea-launched ballistic missile.
(E) 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 missile, other than
in a testing scenario.
(F) An assessment of the notification and other
protocols that would have to be in place prior to using
any conventional sea-launched ballistic missile and a
plan for entering into such protocols.
(G) An assessment of the adequacy of the
intelligence that would be needed to support an attack
involving conventional sea-launched ballistic missiles.
(H) A description of the total program cost,
including the procurement costs of additional D-5
missiles, of the conventional Trident sea-launched
ballistic missile program, by fiscal year.
(I) 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.
(J) An analysis and assessment of the implications
for the United States missile defense system if other
countries utilize long range conventional ballistic
missiles.
(K) 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.
(L) 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.
(M) An analysis, by the Secretary of State, of the
international, 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.
(N) 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.
(c) Availability of Funds for Report.--Of the amounts authorized to
be appropriated by this Act (other than the amounts covered by the
limitation in subsection (a)), $20,000,000 may be available to prepare
the report required by subsection (b).
SEC. 215. ARROW BALLISTIC MISSILE DEFENSE SYSTEM.
Of the amount authorized to be appropriated by section 201(4) for
research, development, test, and evaluation for Defense-wide activities
and available for ballistic missile defense--
(1) $65,000,000 may be available for coproduction of the
Arrow ballistic missile defense system; and
(2) $63,702,000 may be available for the Arrow System
Improvement Program.
SEC. 216. HIGH ENERGY LASER LOW ASPECT TARGET TRACKING.
(a) Additional Amount for Research, Development, Test, and
Evaluation, Army.--The amount authorized to be appropriated by section
201(1) for research, development, test, and evaluation for the Army is
hereby increased by $5,000,000.
(b) Availability of Amount.--
(1) In general.--Of the amount authorized to be
appropriated by section 201(1) for research, development, test,
and evaluation for the Army, as increased by subsection (a),
$5,000,000 may be available for the Department of Defense High
Energy Laser Test Facility for High Energy Laser Low Aspect
Target Tracking (HEL-LATT) test series done jointly with the
Navy.
(2) Construction with other amounts.--The amount available
under paragraph (1) for the purpose set forth in that paragraph
is in addition to any amounts available under this Act for that
purpose.
(c) Offset.--The amount authorized to be appropriated by section
421 for military personnel is hereby reduced by $5,000,000, due to
unexpended obligations, if available.
SEC. 217. ADVANCED ALUMINUM AEROSTRUCTURES INITIATIVE.
(a) Additional Amount for Research, Development, Test, and
Evaluation, Air Force.--The amount authorized to be appropriated by
section 201(3) for research, development, test, and evaluation for the
Air Force is hereby increased by $2,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(3) for research, development, test, and
evaluation for the Air Force, as increased by subsection (a),
$2,000,000 may be available for Aerospace Technology Development and
Demonstration (PE #603211F) for the Advanced Aluminum Aerostructures
Initiative (A3I).
(c) Offset.--The amount authorized to be appropriated by section
421 for military personnel is hereby decreased by $2,000,000, due to
unexpended obligations, if available.
SEC. 218. LEGGED MOBILITY ROBOTIC RESEARCH.
(a) Additional Amount for Research, Development, Test, and
Evaluation, Army.--The amount authorized to be appropriated by section
201(1) for research, development, test, and evaluation for the Army is
hereby increased by $1,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(1) for research, development, test, and
evaluation for the Army, as increased by subsection (a), $1,000,000 may
be available for Combat Vehicle and Automotive Technology (PE #602601A)
for legged mobility robotic research for military applications.
(c) Offset.--The amount authorized to be appropriated by section
421 for military personnel is hereby decreased by $1,000,000, due to
unexpended obligations, if available
SEC. 219. WIDEBAND DIGITAL AIRBORNE ELECTRONIC SENSING ARRAY.
(a) Additional Amount for Research, Development, Test, and
Evaluation, Air Force.--The amount authorized to be appropriated by
section 201(3) for research, development, test, and evaluation for the
Air Force is hereby increased by $3,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(3) for research, development, test, and
evaluation for the Air Force, as increased by subsection (a),
$3,000,000 may be available for Wideband Digital Airborne Electronic
Sensing Array (PE #0602204F).
(c) Offset.--The amount authorized to be appropriated by section
421 for military personnel is hereby reduced by $3,000,000, due to
unexpended obligations, if available.
SEC. 220. SCIENCE AND TECHNOLOGY.
(a) Army Support for University Research Initiatives.--
(1) Additional amount for research, development, test, and
evaluation, army.--The amount authorized to be appropriated by
section 201(1) for research, development, test, and evaluation
for the Army is hereby increased by $10,000,000.
(2) Availability of amount.--Of the amount authorized to be
appropriated by section 201(1) for research, development, test,
and evaluation for the Army, as increased by paragraph (1),
$10,000,000 may be available for program element PE 0601103A
for University Research Initiatives.
(b) Navy Support for University Research Initiatives.--
(1) Additional amount for research, development, test, and
evaluation, navy.--The amount authorized to be appropriated by
section 201(2) for research, development, test, and evaluation
for the Navy is hereby increased by $10,000,000.
(2) Availability of amount.--Of the amount authorized to be
appropriated by section 201(2) for research, development, test,
and evaluation for the Navy, as increased by paragraph (1),
$10,000,000 may be available for program element PE 0601103N
for University Research Initiatives.
(c) Air Force Support for University Research Initiatives.--
(1) Additional amount for research, development, test, and
evaluation, air force.--The amount authorized to be
appropriated by section 201(3) for research, development, test,
and evaluation for the Air Force is hereby increased by
$10,000,000.
(2) Availability of amount.--Of the amount authorized to be
appropriated by section 201(3) for research, development, test,
and evaluation for the Air Force, as increased by paragraph
(1), $10,000,000 may be available for program element PE
0601103F for University Research Initiatives.
(d) Computer Science and Cybersecurity.--
(1) Additional amount for research, development, test, and
evaluation, defense-wide.--The amount authorized to be
appropriated by section 201(4) for research, development, test,
and evaluation for Defense-wide activities is hereby increased
by $10,000,000.
(2) Availability of amount.--Of the amount authorized to be
appropriated by section 201(4) for research, development, test,
and evaluation for Defense-wide activities, as increased by
paragraph (1), $10,000,000 may be available for program element
PE 0601101E for the Defense Advanced Research Projects Agency
University Research Program in Computer Science and
Cybersecurity.
(e) SMART National Defense Education Program.--
(1) Additional amount for research, development, test, and
evaluation, defense-wide.--The amount authorized to be
appropriated by section 201(4) for research, development, test,
and evaluation for Defense-wide activities is hereby increased
by $5,000,000.
(2) Availability of amount.--Of the amount authorized to be
appropriated by section 201(4) for research, development, test,
and evaluation for Defense-wide activities, as increased by
paragraph (1), $5,000,000 may be available for program element
PE 0601120D8Z for the SMART National Defense Education Program.
(f) Offset.--The amount authorized to be appropriated by section
421 for military personnel is hereby reduced by $45,000,000, due to
unexpended obligations, if available.
Subtitle C--Missile Defense Programs
SEC. 231. AVAILABILITY OF RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
FUNDS FOR FIELDING BALLISTIC MISSILE DEFENSE
CAPABILITIES.
Upon approval by the Secretary of Defense, funds authorized to be
appropriated for fiscal year 2008 for the use of the Department of
Defense for research, development, test, and evaluation and available
for the Missile Defense Agency may be used for the development and
fielding of ballistic missile defense capabilities.
SEC. 232. 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
Secretary 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 and is likely
developing intermediate-range and intercontinental 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. 233. ONE-YEAR EXTENSION OF COMPTROLLER GENERAL ASSESSMENTS 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. 234. SUBMITTAL OF PLANS FOR TEST AND EVALUATION OF THE OPERATIONAL
CAPABILITY OF THE BALLISTIC MISSILE DEFENSE SYSTEM.
Section 234(a) of the National Defense 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.''.
SEC. 235. 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 programs
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 program 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
military 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 the status of the plans and agreements
of the Missile Defense Agency and the military departments on
the transition of missile defense programs to the military
departments.
(4) An identification of the entity (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 department, 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
maintenance) 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.
SEC. 236. TESTING AND OPERATIONS FOR MISSILE DEFENSE.
(a) Additional Amount for Missile Defense Agency.--Of the amount
authorized to be appropriated by section 201(4) for research,
development, test, and evaluation for Defense-wide activities, the
amount that is available for the Missile Defense Agency is hereby
increased by $45,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 201(4) for research, development, test, and
evaluation for Defense-wide activities and available for the Missile
Defense Agency, as increased by subsection (a), $45,000,000 may be
available for Ballistic Missile Defense Midcourse Defense Segment (PE
#63882C)--
(1) to accelerate the ability to conduct concurrent test
and missile defense operations; and
(2) to increase the pace of realistic flight testing of the
ground-based midcourse defense system.
(c) Supplement.--Amounts available under subsection (b) for the
program element referred to in that subsection are in addition to any
other amounts available in this Act for that program element.
(d) Offset.--The amount authorized to be appropriated by section
421 for military personnel is hereby reduced by $45,000,000, due to
unexpended obligations.
Subtitle D--Other Matters
SEC. 251. 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. 252. 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
Acquisition Executives of the military departments'';
and
(B) by striking ``a program'' and inserting
``programs''.
(2) Conforming amendments.--(A) Subsection (b) of such
section is amended by striking ``The program'' and inserting
``Any program''.
(B) Subsection (d) of such section is amended--
(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, 2011''.
(c) Modification of Reporting Requirement.--Subsection (e) of such
section is amended to read as follows:
``(e) Annual Report.--(l) Not later than March 1 each year, the
Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the activities
undertaken during the preceding fiscal year under the authority in
subsection (a).
``(2) The report for a fiscal year under this subsection shall
include the following:
``(A) A description of the proposed goals of the
competitions established under each program under subsection
(a), including the areas of research, technology development,
or prototype development to be promoted by such competitions
and the relationship of such areas to the military missions of
the Department of Defense.
``(B) An analyses 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 each
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 evaluation
of submissions under each 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 each 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
technologies or prototypes developed as a result of each
program into an acquisition program of the Department.''.
SEC. 253. POLICIES AND PRACTICES ON TEST AND EVALUATION TO ADDRESS
EMERGING ACQUISITION APPROACHES.
(a) Reports on Certain Determinations To Proceed Beyond Low-Rate
Initial Production.--Section 2399(b) of title 10, United States Code,
is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) If, before a final decision is made within the Department of
Defense to proceed with a major defense acquisition program beyond low-
rate initial production, a decision is made within the Department to
proceed to operational use of the program or allocate funds available
for procurement for the program, the Director shall submit to the
Secretary of Defense and the congressional defense committees the
report with respect to the program under paragraph (2) as soon as
practicable after the decision under this paragraph is made.''.
(b) Review and Revision of Policies and Practices.--
(1) Review.--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 guide traditional acquisition programs; and
(B) determine how best to apply such 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 in light of emerging approaches to acquisitions, 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 time-
certain development programs; and
(D) equipment that is not subject to the
operational test and evaluation requirements in section
2399 of title 10, United States Code, but which may
require limited operational test and evaluation for the
purpose of ensuring the safety and survivability of
such equipment and personnel 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) Funding Matters.--The Director of the Defense 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
facilities, 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 shall submit to the
congressional defense committees a report on the review conducted under
paragraph (1) of subsection (b), including any new or revised guidance
issued pursuant to paragraph (2) of that subsection.
(f) Time-Certain Development Program Defined.--In this section, the
term ``time-certain development program'' means a development program
that is assigned a specific length of time in which milestone events
will be accomplished by contract, which length of time may be not more
than 6 years from milestone B to initial operational capability.
SEC. 254. DEVELOPMENT OF THE PROPULSION SYSTEM FOR THE JOINT STRIKE
FIGHTER.
(a) In General.--The Secretary of Defense shall provide for the
development of the propulsion system for the F-35 fighter aircraft
(commonly referred to as the ``Joint Strike Fighter'') by a means
elected by the Secretary from among the following:
(1) Through the continuing development and sustainment of
two interchangeable propulsion systems for the F-35 fighter
aircraft by two separate contractors throughout the life cycle
of the aircraft.
(2) Through a one-time firm fixed price contract for a
selected propulsion system for the F-35 fighter aircraft for
the life cycle of the aircraft following the Initial Service
Release of the F-35 fighter aircraft propulsion system in
fiscal year 2008.
(b) Notice of Change in Development.--The Secretary may not carry
out any modification of the procurement program for the F-35 fighter
aircraft that would result in the development of the propulsion system
for such aircraft in a manner other than as elected by the Secretary
under subsection (a) until the Secretary notifies the congressional
defense committees of such modification.
SEC. 255. INDEPENDENT COST ANALYSES FOR JOINT STRIKE FIGHTER ENGINE
PROGRAM.
(a) Cost Analyses.--
(1) Analyses required.--The Secretary of Defense (acting
through the cost analysis improvement group of the Office of
the Secretary of Defense), a federally funded research and
development center (FFRDC) selected by the Secretary for
purposes of this section, and the Comptroller General of the
United States shall each perform three detailed and
comprehensive cost analyses of the engine program for the F-35
fighter aircraft (commonly referred to as the ``Joint Strike
Fighter'').
(2) Elements.--Each official or entity performing cost
analyses under paragraph (1) shall perform a cost analysis of
each of the following:
(A) An alternative under which the F-35 fighter
aircraft is capable of using the F135 engine only.
(B) An alternative under which the F-35 fighter
aircraft is capable of using either the F135 engine or
the F136 engine.
(C) Any other alternative, whether secured through
a competitive or sole-source bidding process, that
would reduce cost, improve program schedule, and
improve performance and reliability of the F-35 fighter
aircraft program.
(b) Reports.--
(1) Reports required.--Not later than March 15, 2007, the
Secretary, the federally funded research and development center
selected under subsection (a), and the Comptroller General
shall each submit to the congressional defense committees a
report on the three independent cost analyses performed by such
official or entity under subsection (a).
(2) Report elements.--Each report under paragraph (1) shall
include the following:
(A) A statement of the key assumptions utilized in
performing each cost analysis covered by such report.
(B) A discussion of the methodology and techniques
utilized in performing each cost analysis.
(C) For each alternative under subsection (a)(2)--
(i) a comparison of the life-cycle costs,
including costs in current and constant dollars
and a net-present-value analysis, with the
other alternatives under that subsection; and
(ii) an estimate of--
(I) the supply, maintenance, and
other operations manpower required to
support such alternative;
(II) the number of flight hours
required to achieve engine maturity,
and the year in which engine maturity
is anticipated to be achieved; and
(III) the total number of engines
anticipated to be procured over the
lifetime of the F-35 fighter aircraft
program.
(D) A discussion of the acquisition strategies used
for the acquisition of engines for other tactical
fighter aircraft, including the F-15, F-16, F-18, and
F-22 fighter aircraft, and an assessment of the
experience in terms of cost, schedule, and performance
under the acquisition programs for such engines.
(E) A comparison in terms of performance, savings,
maintainability, reliability, and technical innovation
of the acquisition programs for engines for tactical
fighter aircraft carried out on a sole-source basis
with the acquisition programs for tactical fighter
aircraft carried out on a competitive basis.
(F) Such conclusions and recommendations in light
of the cost analyses as the official or entity
submitting such report considers appropriate.
(3) Certification of ffrdc and comptroller general.--In
submitting the report required by this subsection, the
federally funded research and development center and the
Comptroller General shall each also submit a certification as
to whether the federally funded research and development center
or the Comptroller General, as the case may be, had access to
sufficient information to enable the federally funded research
and development center or the Comptroller General, 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) the elements of costs that would be considered for a
life-cycle cost analysis for a major defense acquisition
program, such as 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. 256. SENSE OF SENATE ON TECHNOLOGY SHARING OF JOINT STRIKE FIGHTER
TECHNOLOGY.
It is the sense of the Senate 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. 257. REPORT ON BIOMETRICS PROGRAMS OF THE DEPARTMENT OF DEFENSE.
(a) Report.--The Secretary of Defense shall submit to Congress, at
the same time as the submittal of the budget of the President for
fiscal year 2008 (as submitted under section 1105(a) of title 31,
United States Code) a report on the biometrics programs of the
Department of Defense.
(b) Elements.--The report shall address the following:
(1) Whether the Department should modify the current
executive agent management structure for the biometrics
programs.
(2) The requirements for the biometrics programs to meet
needs throughout the Department of Defense.
(3) A description of programs currently fielded to meet
requirements in Iraq and Afghanistan.
(4) An assessment of the adequacy of fielded programs to
meet operational requirements.
(5) An assessment of programmatic or capability gaps in
meeting future requirements.
(6) The actions being taken within the Executive Branch to
coordinate and integrate requirements, programs, and resources
among the departments and agencies of the Executive Branch with
a role in using or developing biometrics capabilities.
(c) Biometrics Defined.--In this section, the term ``biometrics''
means an identity management program or system that utilizes distinct
personal attributes, including DNA, facial features, irises, retinas,
signatures, or voices, to identify individuals.
TITLE III--OPERATION AND MAINTENANCE
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 agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, in amounts as follows:
(1) For the Army, $24,795,580,000.
(2) For the Navy, $31,130,784,000.
(3) For the Marine Corps, $3,905,262,000.
(4) For the Air Force, $31,251,107,000.
(5) For Defense-wide activities, $20,106,756,000.
(6) For the Army Reserve, $2,139,702,000.
(7) For the Naval Reserve, $1,288,764,000.
(8) For the Marine Corps Reserve, $211,911,000.
(9) For the Air Force Reserve, $2,575,100,000.
(10) For the Army National Guard, $4,857,728,000.
(11) For the Air National Guard, $5,318,717,000.
(12) For the United States Court of Appeals for the Armed
Forces, $11,721,000.
(13) For Environmental Restoration, Army, $463,794,000.
(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 the Overseas Contingency Operations Transfer Fund,
$10,000,000.
(19) For Cooperative Threat Reduction programs,
$372,128,000.
(20) 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, $1,364,498,000.
(2) For the National Defense Sealift Fund, $1,071,932,000.
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,
$20,915,321,000, of which--
(1) $20,381,863,000 is for Operation and Maintenance;
(2) $135,603,000 is for Research, Development, Test, and
Evaluation; and
(3) $397,855,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Defense.--
(1) In general.--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.
(2) Availability.--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, 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 2007 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 authorized to be
appropriated for the Department of Defense for fiscal year 2007 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--Program Requirements, Restrictions, and Limitations
SEC. 311. LIMITATION ON AVAILABILITY OF FUNDS FOR THE ARMY LOGISTICS
MODERNIZATION PROGRAM.
Of the funds authorized to be appropriated for the Department of
Defense by this division and available for the Army Logistics
Modernization Program (LMP), not more than $6,900,000 may be obligated
or expended for the development, fielding, or operation of the program
until the Chairman of the Defense Business Systems Modernization
Committee certifies to the congressional defense committees each of the
following:
(1) That the program is essential to the national security
of the United States or to the efficient management of the
Department of Defense.
(2) That there is no alternative to the system under the
program which will provide equal or greater capability at a
lower cost.
(3) That the estimated costs, and the proposed schedule and
performance parameters, for the program and system are
reasonable.
(4) That the management structure for the program is
adequate to manage and control program costs.
SEC. 312. AVAILABILITY OF 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 operation and
maintenance for the Army, $3,000,000 may be available to the Secretary
of the Army for education and training purposes to contract with the
Army Historical Foundation for the acquisition, installation, and
maintenance of exhibits at the facility designated by the Secretary as
the National Museum of the United States Army.
(b) National Museum of the United States Navy.--Of the amounts
authorized to be appropriated by section 301(2) for operation and
maintenance for the Navy, $3,000,000 may be available to the Secretary
of the Navy for education and training purposes to contract with the
Naval Historical Foundation for the acquisition, installation, and
maintenance of exhibits at the facility designated by the Secretary as
the National Museum of the United States Navy.
(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, $3,000,000 may be
available to the Secretary of the Navy for education and training
purposes to contract with the United States Marine Corps Heritage
Foundation for the acquisition, installation, and maintenance of
exhibits at the National Museum of the Marine Corps and Heritage
Center.
(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, $3,000,000 may be available to the
Secretary of the Air Force for education and training purposes to
contract with the Air Force Museum Foundation 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.
(e) Reimbursement.--
(1) Authority to accept reimbursement.--During any fiscal
year after fiscal year 2006, the Secretary of a military
department may accept from any non-profit entity authorized to
support the national museum of the applicable Armed Force
amounts to reimburse such Secretary for amounts obligated and
expended by such Secretary from amounts available to such
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 incurred by the Secretary of the military
department concerned under this section. Amounts so credited
shall be merged with amounts in such account, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such account.
SEC. 313. 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 pursuant to such
assessment.
SEC. 314. LIMITATION ON AVAILABILITY OF OPERATION AND MAINTENANCE FUNDS
FOR THE MANAGEMENT HEADQUARTERS OF THE DEFENSE
INFORMATION SYSTEMS AGENCY.
Of the amount authorized to be appropriated by this title and
available for purposes of the operation and maintenance of the
management headquarters of the Defense Information Systems Agency, not
more than 50 percent may be available for such purposes until the
Secretary of Defense submits to Congress the report on the acquisition
strategy of the Department of Defense for commercial satellite
communications services required by section 818(b) of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-136; 119
Stat. 3385).
SEC. 315. 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. 316. INFANTRY COMBAT EQUIPMENT.
Of the amount authorized to be appropriated by section 301(8) for
operation and maintenance for the Marine Corps Reserve, $2,500,000 may
be available for Infantry Combat Equipment (ICE).
SEC. 317. INDIVIDUAL FIRST AID KIT.
Of the amount authorized to be appropriated by section 301(8) for
operation and maintenance for the Marine Corps Reserve, $1,500,000 may
be available for the Individual First Aid Kit (IFAK).
SEC. 318. READING FOR THE BLIND AND DYSLEXIC PROGRAM OF THE DEPARTMENT
OF DEFENSE.
(a) Defense Dependents.--Of the amount authorized to be
appropriated by section 301(5) for operation and maintenance for
Defense-wide activities, $500,000 may be available for the Reading for
the Blind and Dyslexic program of the Department of Defense for defense
dependents of elementary and secondary school age in the continental
United States and overseas.
(b) Severely Wounded or Injured Members of the Armed Forces.--Of
the amount authorized to be appropriated by section 1405(5) for
operation and maintenance for Defense-wide activities, $500,000 may be
available for the Reading for the Blind and Dyslexic program of the
Department of Defense for severely wounded or injured members of the
Armed Forces.
SEC. 319. MILITARY TRAINING INFRASTRUCTURE IMPROVEMENTS AT VIRGINIA
MILITARY INSTITUTE.
Of the amount authorized to be appropriated by section 301(1) for
operation and maintenance for the Army, $2,900,000 may be available to
the Virginia Military Institute for military training infrastructure
improvements to provide adequate field training of all Armed Forces
Reserve Officer Training Corps.
SEC. 320. ENVIRONMENTAL DOCUMENTATION FOR BEDDOWN OF F-22A AIRCRAFT AT
HOLLOMAN AIR FORCE BASE, NEW MEXICO.
The Secretary of the Air Force shall prepare environmental
documentation per the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for the beddown of F-22A aircraft
at Holloman Air Force Base, New Mexico, as replacements for the
retiring F-117A aircraft.
Subtitle C--Environmental Provisions
SEC. 331. RESPONSE PLAN FOR REMEDIATION OF MILITARY MUNITIONS.
(a) Performance Goals for Remediation.--The Department of Defense
shall set the following remediation goals:
(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.
(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.
(3) To achieve, by not later than September 30, 2009, a
remedy in place or response complete for unexploded ordnance,
discarded military munitions, and munitions constituents 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 time certain established by the
Secretary, 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
military 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
Secretary of Defense shall submit to the congressional defense
committees a comprehensive plan for addressing the remediation
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 subsection (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.--(A) The Secretary shall, not later than March
15 of 2008, 2009, and 2010, submit to the congressional defense
committees an update of the plan required under paragraph (1).
Each update may be included in the report on environmental
restoration activities submitted to Congress under section
2706(a) of title 10, United States Code, that is submitted in
the year in which such update is submitted.
(B) The Secretary may include in an update submitted under
subparagraph (A) any adjustment to the remediation goals
established under subsection (a) that the Secretary determines
necessary 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 plan).
(d) Definitions.--In this section, the terms ``unexploded
ordnance'', ``discarded military munitions'', ``munitions
constituents'', ``operational range'', and ``defense site'' have the
meaning given such terms in section 2710(e) of title 10, United States
Code.
(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. 332. EXTENSION OF AUTHORITY TO GRANT EXEMPTIONS TO CERTAIN
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 1
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 grant an exemption
pursuant to subparagraph (B) for a period of up to 3
years for the purpose of authorizing the Secretary of
Defense and the Secretaries of the military departments
to provide for the transportation into the customs
territory of the United States of polychlorinated
biphenyls generated by or under the control of the
Department of Defense for purposes of their disposal,
treatment, or storage in the customs territory of the
United States.''.
(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 polychlorinated biphenyls
generated by or 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 polychlorinated biphenyls
that may require transportation into the customs territory of
the United States for disposal, treatment, or storage; and
(2) the efforts that have been made by the Department of
Defense and other Federal agencies to reduce such volume by--
(A) reducing the volume of polychlorinated
biphenyls generated by or 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 polychlorinated
biphenyls.
SEC. 333. RESEARCH ON EFFECTS OF OCEAN DISPOSAL OF MUNITIONS.
(a) Identification of Disposal Sites.--
(1) Historical review.--The Secretary of Defense, in
cooperation with the Commandant of the Coast Guard, the
Administrator of the National Oceanic and Atmospheric
Administration, and the heads of other relevant Federal
agencies, 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) Interim reports.--The Secretary of Defense shall
periodically, but no less often than annually, release any new
information obtained during the historical review conducted
under paragraph (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.
(3) Inclusion of information in annual report on
environmental restoration activities.--The Secretary shall
include the information obtained pursuant to the review
conducted under paragraph (1) in the annual report on
environmental restoration activities submitted to Congress
under section 2706 of title 10, United States Code.
(4) Final report.--The Secretary shall complete the
historical 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.--
(1) Identification of hazards.--The Secretary of Defense
shall provide available information to the Secretary of
Commerce to assist the National Oceanic and Atmospheric
Administration in preparing nautical charts and other
navigational materials for coastal waters that identify known
or potential hazards posed by disposed military munitions to
private activities, including commercial shipping and fishing
operations.
(2) Continuation of information activities.--The Secretary
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
contamination 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 representative 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 cooperative
agreements.--In conducting research under this subsection, the
Secretary may make grants to, and enter into cooperative
agreements with, qualified research entities.
(d) Monitoring.--If the historical review required by subsection
(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 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:
(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 ``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. 334. CLARIFICATION OF MULTI-YEAR AUTHORITY TO USE BASE CLOSURE
FUNDS TO FUND COOPERATIVE AGREEMENTS UNDER ENVIRONMENTAL
RESTORATION PROGRAM.
Section 2701 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 agreements funded through the Department of Defense Base
Closure Account 1990 or the Department of Defense Base Closure Account
2005 established by sections 2906 and 2906A, respectively, 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. 335. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR CERTAIN
COSTS IN CONNECTION WITH MOSES LAKE WELLFIELD SUPERFUND
SITE, MOSES LAKE, WASHINGTON.
(a) Authority To Reimburse.--(1) Using funds described in
subsection (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) The payment under paragraph (1) is to reimburse the
Environmental Protection Agency for its costs incurred in overseeing a
remedial investigation/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) 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 Restoration, 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.
Subtitle D--Reports
SEC. 351. COMPTROLLER GENERAL REPORT ON READINESS OF THE GROUND FORCES
OF THE ARMY AND THE MARINE CORPS.
(a) Report Required.--
(1) In general.--Not later than March 1, 2007, the
Comptroller General of the United States shall submit to the
congressional defense committees 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
requirements of this section, the Comptroller General may
submit a single report addressing all the elements specified in
subsection (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 include
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 years preceding the
report, 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 requirement
for repair or replacement of equipment of the Army and the
Marine Corps due to ongoing operations, and the impact 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--
(A) a comparison of such tempos to historical
trends;
(B) an identification of particular occupational
specialties that are experiencing unusually high or low
deployment 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. 352. NATIONAL ACADEMY OF SCIENCES STUDY ON HUMAN EXPOSURE 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 Navy shall enter
into an agreement with the National Academy of Sciences to
conduct a comprehensive review and evaluation of the available
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
trichloroethylene and tetrachloroethylene and each birth defect
or disease 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
Substances Disease Registry (ATSDR) studies on
potential trichloroethylene 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
prepared as a result of the review and evaluation to the
Secretary and Congress not later than 18 months after entering
into 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
Disease Registry, known as the Exposure to Volatile Organic
Compounds in Drinking Water and Specific Birth Defects and
Childhood 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 Commandant
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.
SEC. 353. REPORT ON AERIAL TRAINING AIRSPACE REQUIREMENTS OF THE
DEPARTMENT OF DEFENSE.
(a) Findings.--Congress makes the following findings:
(1) Access to and use of available and unfettered aerial
training airspace is critical for preserving aircrew
warfighting proficiency and the ability to test, evaluate, and
improve capabilities of both personnel and equipment within the
most realistic training environments possible.
(2) The growth of civilian and commercial aviation traffic
and the rapid expansion of commercial and general air traffic
lanes across the continental United States has left few
remaining areas of the country available for realistic air
combat training or expansion of existing training areas.
(3) Many Military Operating Areas (MOAs) originally
established in what was once open and uncongested airspace are
now encroached upon by a heavy volume of commercial and general
air traffic, making training more difficult and potentially
hazardous.
(4) Some aerial training areas in the upper great plains,
western States, and Gulf coast remain largely free from
encroachment and available for increased use, expansion, and
preservation for the future.
(b) Sense of Congress.--It is the sense of Congress that the
Department of Defense should--
(1) establish a policy to identify military aerial training
areas that are projected to remain viable and free from
encroachment well into the 21st century;
(2) determine aerial training airspace requirements to meet
future training and airspace requirements of current and next
generation military aircraft; and
(3) undertake all necessary actions in a timely manner,
including coordination with the Federal Aviation
Administration, to preserve and, if necessary, expand those
areas of airspace to meet present and future training
requirements.
(c) Report.--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 proposed plan
to preserve and, if necessary, expand available aerial training
airspace to meet the projected needs of the Department of Defense for
such airspace through 2025.
SEC. 354. REPORT ON ACTIONS TO REDUCE DEPARTMENT OF DEFENSE CONSUMPTION
OF PETROLEUM-BASED FUEL.
(a) Report Required.--Not later than one year 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 actions taken, and to be taken, by the
Department of Defense to reduce the consumption by the Department of
petroleum-based fuel.
(b) Elements.--The report shall include the status of
implementation by the Department of the requirements of the following:
(1) The Energy Policy Act of 2005 (Public Law 109-58).
(2) The Energy Policy Act of 1992. (Public Law 102-486)
(3) Executive Order 13123.
(4) Executive Order 13149.
(5) Any other law, regulation, or directive relating to the
consumption by the Department of petroleum-based fuel.
SEC. 355. REPORTS ON WITHDRAWAL OR DIVERSION OF EQUIPMENT FROM RESERVE
UNITS FOR SUPPORT OF RESERVE UNITS BEING MOBILIZED AND
OTHER UNITS.
(a) Findings.--Congress makes the following findings:
(1) The National Guard continues to provide invaluable
resources to meet national security, homeland defense, and
civil emergency mission requirements.
(2) Current military operations, transnational threats, and
domestic emergencies will increase the use of the National
Guard for both military support to civilian authorities and to
execute the military strategy of the United States.
(3) To meet the demand for certain types of equipment for
continuing United States military operations, the Army has
required Army National Guard Units to leave behind many items
for use by follow-on forces.
(4) The Governors of every State and 2 Territories
expressed concern in February 2006 that units returning from
deployment overseas without adequate equipment would have
trouble carrying out their homeland security and domestic
disaster duties.
(5) The Department of Defense estimates that it has
directed the Army National Guard to leave overseas more than
75,000 items valued at approximately $1,760,000,000 to support
Operation Enduring Freedom and Operation Iraqi Freedom.
(6) Department of Defense Directive 1225.6 requires a
replacement and tracking plan be developed within 90 days for
equipment of the reserve components of the Armed Forces that is
transferred to the active components of the Armed Forces.
(7) In October 2005, the Government Accountability Office
found that the Department of Defense can only account for about
45 percent of such equipment and has not developed a plan to
replace such equipment.
(8) The Government Accountability Office also found that
without a completed and implemented plan to replace all
National Guard equipment left overseas, Army National Guard
units will likely face growing equipment shortages and
challenges in regaining readiness for future missions.
(b) Reports on Withdrawal or Diversion of Equipment From Reserve
Units for Support of Reserve Units Being Mobilized and Other Units.--
(1) In general.--Chapter 1007 of title 10, United States
Code, is amended by inserting after section 10208 the following
new section:
``Sec. 10208a. Mobilization: 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 Equipment.--Not
later than 90 days after withdrawing or diverting equipment from a unit
of the Reserve to a unit of the Reserve being ordered to active duty
under section 12301, 12302, or 12304 of this title, or to a unit or
units of a regular component of the armed forces, for purposes of the
discharge of the mission of such unit or units, the Secretary concerned
shall submit to the Secretary of Defense a status report on the
withdrawal or diversion of equipment.
``(b) Elements.--Each status report under subsection (a) on
equipment withdrawn or diverted shall include the following:
``(1) A plan to recapitalize or replace such equipment
within the unit from which withdrawn or diverted.
``(2) If such equipment is to remain in a theater of
operations while the unit from which withdrawn or diverted
returns to the United States, a plan to provide such unit with
recapitalized or replacement equipment appropriate to ensure
the continuation of the readiness training of such unit.
``(3) A signed memorandum of understanding between the
active or reserve component to which withdrawn or diverted and
the reserve component from which withdrawn or diverted that
specifies--
``(A) how such equipment will be tracked; and
``(B) when such equipment will be returned to the
component from which withdrawn or diverted.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1007 of such title is amended by inserting
after the item relating to section 10208 the following new
item:
``10208a. Mobilization: reports on withdrawal or diversion of equipment
from Reserve units for support of Reserve
units being mobilized and other units.''.
SEC. 356. PLAN TO REPLACE EQUIPMENT WITHDRAWN OR DIVERTED FROM THE
RESERVE COMPONENTS OF THE ARMED FORCES FOR OPERATION
IRAQI FREEDOM OR OPERATION ENDURING FREEDOM.
(a) Plan Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a plan to replace equipment withdrawn or diverted
from units of the reserve components of the Armed Forces for use in
Operation Iraqi Freedom or Operation Enduring Freedom.
(b) Elements.--The plan required by subsection (a) shall--
(1) identify the equipment to be recapitalized or acquired
to replace the equipment described in subsection (a);
(2) specify a schedule for recapitalizing or acquiring the
equipment identified under paragraph (1), which schedule shall
take into account applicable depot workload and acquisition
considerations, including production capacity and current
production schedules; and
(3) specify the funding to be required to recapitalize or
acquire the equipment identified under paragraph (1).
SEC. 357. PLAN TO REPLACE EQUIPMENT WITHDRAWN OR DIVERTED FROM THE
RESERVE COMPONENTS OF THE ARMED FORCES FOR OPERATION
IRAQI FREEDOM OR OPERATION ENDURING FREEDOM.
(a) Plan Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a plan to replace equipment withdrawn or diverted
from units of the reserve components of the Armed Forces for use in
Operation Iraqi Freedom or Operation Enduring Freedom.
(b) Elements.--The plan required by subsection (a) shall--
(1) identify the equipment to be recapitalized or acquired
to replace the equipment described in subsection (a);
(2) specify a schedule for recapitalizing or acquiring the
equipment identified under paragraph (1), which schedule shall
take into account applicable depot workload and acquisition
considerations, including production capacity and current
production schedules; and
(3) specify the funding to be required to recapitalize or
acquire the equipment identified under paragraph (1).
SEC. 358. 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 in to 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).
SEC. 359. REPORT ON HIGH ALTITUDE AVIATION TRAINING SITE, EAGLE COUNTY,
COLORADO.
(a) Report Required.--Not later than December 15, 2006, the
Secretary of the Army shall submit to the congressional defense
committees a report on the High Altitude Aviation Training Site (HAATS)
in Eagle County, Colorado.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the type of high altitude aviation
training being conducted at the High Altitude Aviation Training
Site, including the number of pilots who receive such training
on an annual basis and the types of aircraft used in such
training.
(2) A description of the number and type of helicopters
required at the High Altitude Aviation Training Site to provide
the high altitude aviation training needed to sustain the war
strategies contained in the 2006 Quadrennial Defense Review,
assuming that priority is afforded in the provision of such
training to commanders, instructor pilots, aviation safety
officers, and deploying units.
(3) A thorough evaluation of accident rates for deployed
helicopter pilots of the Army who receive high altitude
aviation training at the High Altitude Aviation Training Site,
and accident rates for deployed Army helicopter pilots who did
not receive such training, including the following:
(A) An estimate (set forth as a range) of the
number of accidents attributable to power management.
(B) The number of accidents occurring in a combat
environment.
(C) The number of accidents occurring in a non-
combat environment.
(4) An evaluation of the inventory and availability of Army
aircraft for purposes of establishing an appropriate schedule
for the assignment of a CH-47 aircraft to the High Altitude
Aviation Training Site, if the Chief of Staff of the Army
determines there is value in conducting such training at the
HAATS.
(5) A description of the status of any efforts to ensure
that all helicopter aircrews deployed to the area of
responsibility of the Central Command (CENTCOM AOR) are
qualified in mountain flight and power management prior to
deployment, including the locations where such training
occurred, with particular focus on the status of such efforts
with respect to aircrews to be deployed in support of Operation
Enduring Freedom.
(c) Tracking System.--The Secretary shall implement a system for
tracking those pilots that have attended a school with an established
program of instruction for high altitude aviation operations training.
The system should, if practical, utilize an existing system that
permits the query of pilot flight experience and training.
SEC. 360. REPORT ON AIR FORCE SAFETY REQUIREMENTS FOR AIR FORCE FLIGHT
TRAINING OPERATIONS AT PUEBLO MEMORIAL 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 by subsection (a) shall include
the following:
(1) A description of the Air Force flying operations at
Pueblo Memorial Airport.
(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 continuous availability of fire protection, crash
rescue, and other emergency response capabilities.
(4) An assessment of the necessity of providing for a
continuous fire-fighting capability at Pueblo Memorial Airport.
(5) A description and analysis of alternatives for Air
Force flying operations at Pueblo Memorial Airport, including
the cost and availability of such alternatives.
(6) 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 required, the Air Force plan to
provide the funds to the city.
SEC. 360A. REPORT ON USE OF ALTERNATIVE FUELS BY THE DEPARTMENT OF
DEFENSE.
(a) Study.--The Secretary of Defense shall conduct a study on the
use of alternative fuels by the Armed Forces and the Defense Agencies,
including any measures that can be taken to increase the use of such
fuels by the Department of Defense and the Defense Agencies.
(b) Elements.--The study shall address each matter set forth in
paragraphs (1) through (7) of section 357(b) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3207) with respect to alternative fuels (rather than to the fuels
specified in such paragraphs).
(c) Report.--
(1) In general.--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 study conducted under this
section.
(2) Manner of submittal.--The report required by this
subsection may be incorporated into, or provided as an annex
to, the study required by section 357(c) of the National
Defense Authorization Act for Fiscal Year 2006.
(d) Alternative Fuels Defined.--In this section, the term
``alternative fuels'' means biofuels, biodiesel, renewable diesel,
ethanol that contain less than 85 percent ethyl alcohol, and cellulosic
ethanol.
Subtitle E--Workplace and Depot Issues
SEC. 361. MINIMUM CAPITAL INVESTMENT LEVELS FOR PUBLIC DEPOTS SERVICED
BY WORKING CAPITAL FUNDS.
(a) Minimum Investment Levels.--Section 2208 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(s) Minimum Capital Investment for Public Depots Serviced by
Working Capital Funds.--(1) Each public depot that is serviced by a
working capital fund shall invest in its capital budget each fiscal
year an amount equal to not less than six percent of the actual total
revenue of the public depot for the previous fiscal year.
``(2) The Secretary of Defense may waive the requirement in
paragraph (1) with respect to a particular public depot for a fiscal
year if the Secretary determines that the waiver is necessary for
reasons of national security and notifies the congressional defense
committees of the reasons for the waiver.
``(3)(A) Each year, not later than 45 days after the President
submits to Congress the budget for a fiscal year under section 1105 of
title 31, the Secretary shall submit to the congressional defense
committees budget justification documents summarizing the level of
capital investment at each public depot serviced by working capital
funds as of the end of the previous fiscal year.
``(B) Each report under this paragraph shall include the following:
``(i) A specification of the statutory, regulatory, or
operational impediments, if any, to achieving the requirement
in paragraph (1) with respect to each public depot described in
that paragraph.
``(ii) A description of the benchmarks established by each
public depot and working capital fund for capital investment
and the relationship of the benchmarks to applicable
performance measurement methods used in the private sector.
``(iii) If the requirement set out in paragraph (1) is not
met for any public depot in the previous fiscal year, a
statement of the reasons why and a plan of actions to meet the
requirement for such public depot in the fiscal year beginning
in the year in which such report is submitted.
``(4) In this subsection, the terms `total revenue' and `capital
budget' have the meaning given such terms in Department of Defense
Financial Management Regulation 7000.14-R of June 2004.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to fiscal years beginning on or after that date.
SEC. 362. PERMANENT EXCLUSION OF CERTAIN CONTRACT EXPENDITURES FROM
PERCENTAGE LIMITATION ON THE PERFORMANCE OF DEPOT-LEVEL
MAINTENANCE.
Section 2474(f)(1) of title 10, United States Code, is amended by
striking ``entered into during fiscal years 2003 through 2009''.
SEC. 363. ADDITIONAL EXCEPTION TO PROHIBITION ON CONTRACTOR PERFORMANCE
OF FIREFIGHTING FUNCTIONS.
Section 2465(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) A contract for the performance of firefighting
functions to--
``(A) fight wildland fires such as range or forest
fires; and
``(B) perform wildland fire management, including
the conduct of hazardous fuels treatments to reduce
wildland fire risks (including prescribed fire and
mechanical treatments).''.
SEC. 364. TEMPORARY SECURITY GUARD SERVICES FOR CERTAIN WORK CAUSED BY
REALIGNMENT OF MILITARY INSTALLATIONS UNDER THE BASE
CLOSURE LAWS.
(a) Authority for Temporary Services.--Notwithstanding section 2465
of title 10, United States Code, the Secretary of the military
department concerned may, for a period not to exceed one year at any
single military installation, contract for security guard services at
military installations approved for realignment under a base closure
law when such services are required for the safe and secure relocation
of either of the following:
(1) Military munitions and munitions-related equipment.
(2) High-value items in temporary storage areas.
(b) Definitions.--In this section:
(1) The term ``base closure law'' has the meaning given
such term in section 101(a)(17) of title 10, United States
Code.
(2) The term ``military munitions'' has the meaning given
such term in section 101(e)(4) of title 10, United States Code.
(c) Expiration.--The authority to enter into a contract under
subsection (a) shall expire on September 15, 2011.
Subtitle F--Other Matters
SEC. 371. RECYCLING OF MILITARY MUNITIONS.
(a) In General.--Chapter 443 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4690. Sale of recyclable munitions materials
``(a) Authority for Program.--(1) The Secretary of the Army may
carry out a program to--
``(A) sell recyclable munitions materials resulting from
the demilitarization of conventional military munitions; and
``(B) use the proceeds of sale for reclamation, recycling,
and reuse of conventional military munitions.
``(2) The program authorized by this section may be known as the
`Military Munitions Recycling Program'.
``(b) Geographic Limitation.--The program authorized by subsection
(a) may only be carried out in the United States and its possessions.
``(c) Method of Sale.--(1) Except as provided in paragraph (2), the
Secretary shall use competitive procedures to sell recyclable munitions
materials under the program authorized by this section.
``(2) The Secretary may use procedures other than competitive
procedures to sell recyclable munitions materials under the program
authorized by this section in any case in which the Secretary
determines there is only one potential buyer of the items being offered
for sale.
``(3) The provisions of title 40 concerning disposal of property
are not applicable to sales of materials under the program authorized
by this section.
``(d) Use of Proceeds.--(1) Proceeds from the sale of recyclable
munitions materials under the program authorized by this section shall
be credited to the Ammunition Demilitarization Account within the
Procurement of Ammunition, Army, Account.
``(2) Amounts credited to the Ammunition Demilitarization Account
under paragraph (1) shall be available solely for purposes of
reclamation, recycling, and reuse of conventional military munitions,
including for research and development for such purposes and for the
procurement of equipment for such purposes.
``(3) Funds credited to the Ammunition Demilitarization Account
under paragraph (1) in a fiscal year shall be available for obligation
under paragraph (2) during the fiscal year in which the funds are so
credited and for three fiscal years thereafter.
``(4) Funds credited to the Ammunition Demilitarization Account
under paragraph (1) that are not obligated under paragraph (2) within
the period of availability under paragraph (3) shall, at the end of
such period, be deposited into the Treasury as miscellaneous receipts.
``(e) Regulations.--The Secretary shall prescribe regulations on
the operation of the program authorized by this section. The
regulations shall be consistent with the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) and any regulations prescribed thereunder.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 443 of such title is amended by adding at the end the following
new item:
``4690. Sale of recyclable munitions materials.''.
SEC. 372. 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
paragraph (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
paragraph (1) is to provide the contractor for a chemical
demilitarization 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 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
completion 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
completion 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 provisions
of any incentives clause under this section shall be consistent
with the obligation of the Secretary of Defense under section
1412(c)(1)(A) of the Department of Defense Authorization 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
additional terms and conditions as the Secretary considers
appropriate.
(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 incentives
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 Munitions
Destruction, Defense, shall be available for payments under
incentives clauses under this section.
SEC. 373. EXTENSION OF DEPARTMENT OF DEFENSE TELECOMMUNICATIONS BENEFIT
PROGRAM.
(a) Termination at End of Contingency Operation.--Subsection (c) of
section 344 of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136; 117 Stat. 1449), as amended by section 341 of
the Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 1857), is further amended by
striking ``terminate on September 30, 2006'' and inserting ``terminate
with respect to a contingency operation on the date that is 60 days
after the date on which the Secretary determines that the contingency
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
(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 ``The''; and
(2) by adding at the end the following new sentence: ``As
soon as possible after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2007, the
Secretary shall extend such telecommunications benefit to
members of the Armed Forces who, although no longer covered by
the preceding sentence, 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 congressional defense committees a report
describing the status of the efforts of the Department of Defense to
implement the modifications 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. 374. EXTENSION OF AVAILABILITY OF FUNDS FOR COMMEMORATION 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. 375. 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:
(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 directives of the Department for weapons
platforms are appropriately designed to address the
policy established by subsection (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. 376. 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 (Public Law 99-145; 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 subsection
(a) shall be funded through annual appropriations for the destruction
of chemical agents and munitions.
SEC. 377. 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, and remote facilities,
in order to increase the operational longevity of back-up power systems
and stand-by power systems in such operations and activities.
SEC. 378. PREPOSITIONING OF DEPARTMENT OF DEFENSE ASSETS TO IMPROVE
SUPPORT TO CIVILIAN AUTHORITIES.
(a) Prepositioning Authorized.--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 Department of Defense
support to civilian authorities.
(b) Reimbursement.--To the extent required by section 1535 of title
31, United States Code (popularly known as the ``Economy Act''), or
other applicable law, the Secretary shall require reimbursement of the
Department of Defense for costs incurred in the prepositioning of basic
response assets under subsection (a).
(c) Limitation.--Basic response assets may not be prepositioned
under subsection (a) if the prepositioning of such assets will
adversely affect the military preparedness of the United States.
(d) Procedures and Guidelines.--The Secretary may develop
procedures and guidelines applicable to the prepositioning of basic
response assets under this section.
SEC. 379. RECOVERY AND AVAILABILITY TO CORPORATION FOR THE PROMOTION OF
RIFLE PRACTICE AND FIREARMS SAFETY OF CERTAIN FIREARMS,
AMMUNITION, AND PARTS.
(a) In General.--Subchapter II of chapter 407 of title 36, United
States Code, is amended by inserting after the item relating to section
40728 the following new section:
``Sec. 40728A. Recovery and availability of excess firearms,
ammunition, and parts granted to foreign countries
``(a) Recovery.--The Secretary of the Army may recover from any
country to which a grant of rifles, ammunition, repair parts, or other
supplies described in section 40731(a) of this title is made under
section 505 of the Foreign Assistance Act of 1961 (22 U.S.C. 2314) any
such rifles, ammunition, repair parts, or supplies that are 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 corporation 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.--Any rifles, ammunition, repair parts, or
supplies recovered under subsection (a) shall be available for transfer
to the corporation in accordance with the provisions of 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 beginning of
chapter 407 of such title is amended by inserting after the item
relating to section 40728 the following new item:
``40728A. Recovery and availability of excess firearms,
ammunition, and parts granted to foreign
countries.''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2007, as follows:
(1) The Army, 512,400.
(2) The Navy, 340,700.
(3) The Marine Corps, 180,000.
(4) The Air Force, 334,200.
SEC. 402. REPEAL OF REQUIREMENT FOR PERMANENT END STRENGTH LEVELS TO
SUPPORT TWO MAJOR REGIONAL CONTINGENCIES.
(a) Repeal.--Section 691 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 39 of such title is amended by striking the item relating to
section 691.
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
(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 component 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 SUPPORT 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, 13,206.
(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
technicians 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.
(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 Department of
Defense for military personnel for fiscal year 2007 a total of
$112,043,468,000. 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 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 POSITIONS.
Section 528 of title 10, United States Code, is amended by adding
at the end the following new subsections:
``(e) 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 by any officer or employee of the
Department of Defense, except as directed by the Secretary or
the Secretary's designee concerning reassignment from such
position; and
``(2) shall 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.
``(f) Effect of Appointment.--Except as provided in subsection (e),
the appointment of an officer of the Armed Forces to a position covered
by this section shall not affect the status, position, rank, or grade
of such officer in the Armed Forces, or any emolument, perquisite,
right, privilege, or benefit incident to or arising out of such status,
position, rank, or grade.
``(g) Military Pay and Allowances.--(1) An officer of the Armed
Forces on active duty who is appointed to a 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 shall be reimbursed from the following:
``(A) Funds available to the Director of the Central
Intelligence Agency, for positions within the Central
Intelligence Agency.
``(B) Funds available to the Director of National
Intelligence, for positions within the Office of the Director
of National Intelligence.''.
SEC. 502. 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''.
SEC. 503. EXTENSION OF AGE LIMITS FOR ACTIVE-DUTY GENERAL AND FLAG
OFFICERS.
(a) Restatement and Modification of Current Age Limits.--Section
1251 of title 10, United States Code, is amended to read as follows:
``Sec. 1251. Regular commissioned officers; exceptions
``(a) Age Limits for General and Flag Officers.--(1) Unless retired
or separated earlier, each regular commissioned officer of the Army,
Air Force, or Marine Corps serving in a grade at or above 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 64 years of age.
``(2) Notwithstanding paragraph (1), the Secretary of Defense may
defer the retirement of an officer serving in a position that carries a
grade above major general or rear admiral, 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.
``(3) Notwithstanding paragraphs (1) and (2), the President may
defer the retirement of an officer serving in a position that carries a
grade above major general or rear admiral, 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.
``(b) Age Limits for Other Officers.--Unless retired or separated
earlier, each regular commissioned officer of the Army, 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.
``(c) Deferred Retirement of Health Professions Officers.--(1) The
Secretary of the military department concerned may, subject to
subsection (e), defer the retirement under subsection (b) 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.
``(d) Deferred Retirement of Chaplains.--The Secretary of the
military department concerned may, subject to subsection (e), defer the
retirement under subsection (b) 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.
``(e) Limitation on Deferral of Retirements.--(1) Except as
provided in paragraph (2), a deferment under subsection (c) or (d) 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 (c) or (d) beyond the day referred to in
paragraph (1) if the Secretary determines that extension 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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 63 of such title is amended by striking the item relating to
section 1251 and inserting the following new item:
``1251. Regular commissioned officers; exceptions.''.
SEC. 504. MODIFICATION OF AUTHORITIES ON SENIOR MEMBERS OF THE JUDGE
ADVOCATE GENERAL'S CORPS.
(a) Department of the Army.--
(1) Grade of judge advocate general.--Subsection (a) of
section 3037 of title 10, United States Code, is amended by
striking the third sentence and inserting the following new
sentence: ``The Judge Advocate General, while so serving, has
the grade of lieutenant general.''.
(2) Redesignation of assistant judge advocate general as
deputy judge advocate general.--Such section is further
amended--
(A) in subsection (a), by striking ``Assistant
Judge Advocate General'' each place it appears and
inserting ``Deputy Judge Advocate General''; and
(B) in subsection (d), by striking ``Assistant
Judge Advocate General'' and inserting ``Deputy Judge
Advocate General''.
(3) Conforming and clerical amendments.--(A) The heading of
such section is amended by striking ``Assistant Judge Advocate
General'' and inserting ``Deputy Judge Advocate General''.
(B) The table of sections at the beginning of chapter 305
of such title is amended in the item relating to section 3037
by striking ``Assistant Judge Advocate General'' and inserting
``Deputy Judge Advocate General''.
(b) Grade of Judge Advocate General of the Navy.--Section 5148(b)
of such title is amended in subsection by striking the last sentence
and inserting the following new sentence: ``The Judge Advocate General,
while so serving, has the grade of vice admiral or lieutenant general,
as appropriate.''.
(c) Grade of Judge Advocate General of the Air Force.--Section
8037(a) of such title is amended by striking the last sentence and
inserting the following new sentence: ``The Judge Advocate General,
while so serving, has the grade of lieutenant general.''.
(d) Exclusion From Active-Duty General and Flag Officer Strength
and Distribution Limitations.--Section 525(b) of such title is amended
by adding at the end the following new paragraph:
``(9) An officer while serving as the Judge Advocate General of the
Army, the Judge Advocate General of the Navy, or the Judge Advocate
General of the Air Force 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 major general or rear admiral
under paragraph (1) or (2), as applicable.''.
SEC. 505. REQUIREMENT FOR SIGNIFICANT JOINT EXPERIENCE FOR OFFICERS
APPOINTED AS SURGEON GENERAL OF THE ARMY, NAVY, AND AIR
FORCE.
(a) Restatement and Standardization of Authorities on Surgeon
General of the Army.--
(1) In general.--Chapter 305 of title 10, United States
Code, is amended by inserting after section 3036 the following
new section:
``Sec. 3036a. Surgeon General: appointment; grade
``(a) Surgeon General.--There is a Surgeon General of the Army who
is appointed by the President, by and with the advice and consent of
the Senate, from officers in any corps of the Army Medical Department.
``(b) Grade.--The Surgeon General, while so serving, has the grade
of lieutenant general.
``(c) Term of Office.--An officer appointed as Surgeon General
normally holds office for four years.
``(d) Joint Experience Required for Appointment.--(1) The Secretary
of Defense may not recommend an officer to the President for
appointment as Surgeon General unless the officer is determined by the
Chairman of the Joint Chiefs of Staff, in accordance with criteria and
as a result of a process established by the Chairman, to have
significant joint experience.
``(2) Until October 1, 2010, the Secretary of Defense may waive the
limitation in paragraph (1) with respect to the recommendation of an
officer as Surgeon General if--
``(A) the Secretary of the Army requests the waiver; and
``(B) in the judgment of the Secretary of Defense--
``(i) the officer is qualified for service as
Surgeon General; and
``(ii) the waiver is necessary for the good of the
Army.
``(3) Any waiver under paragraph (2) shall be made on a case-by-
case basis.''.
(2) Conforming amendment.--Section 3036(b) of such title is
amended in the flush matter following paragraph (2) by striking
the second sentence.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 305 of such title is amended by inserting
after the item relating to section 3036 the following new item:
``3036a. Surgeon General: appointment; grade.''.
(b) Surgeon General of the Navy.--
(1) In general.--Section 5137 of such title is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Joint Experience Required for Appointment as Chief.--(1) The
Secretary of Defense may not recommend an officer to the President for
appointment as Surgeon General unless the officer is determined by the
Chairman of the Joint Chiefs of Staff, in accordance with criteria and
as a result of a process established by the Chairman, to have
significant joint experience.
``(2) Until October 1, 2010, the Secretary of Defense may waive the
limitation in paragraph (1) with respect to the recommendation of an
officer as Surgeon General if--
``(A) the Secretary of the Navy requests the waiver; and
``(B) in the judgment of the Secretary of Defense--
``(i) the officer is qualified for service as
Surgeon General; and
``(ii) the waiver is necessary for the good of the
Navy.
``(3) Any waiver under paragraph (2) shall be made on a case-by-
case basis.''.
(2) Technical amendments.--Such section is further
amended--
(A) in subsection (a), by inserting ``Chief.--''
after ``(a)''; and
(B) in subsection (c), as redesignated by paragraph
(1)(A) of this subsection, by inserting ``Deputy
Chief.--'' after ``(c)''.
(c) Surgeon General of the Air Force.--The text of section 8036 of
such title is amended to read as follows:
``(a) Surgeon General.--There is a Surgeon General of the Air Force
who is appointed by the President, by and with the advice and consent
of the Senate, from officers of the Air Force who are in the Air Force
medical department.
``(b) Grade.--The Surgeon General, while so serving, has the grade
of lieutenant general.
``(c) Joint Experience Required for Appointment.--(1) The Secretary
of Defense may not recommend an officer to the President for
appointment as Surgeon General unless the officer is determined by the
Chairman of the Joint Chiefs of Staff, in accordance with criteria and
as a result of a process established by the Chairman, to have
significant joint experience.
``(2) Until October 1, 2010, the Secretary of Defense may waive the
limitation in paragraph (1) with respect to the recommendation of an
officer as Surgeon General if--
``(A) the Secretary of the Air Force requests the waiver;
and
``(B) in the judgment of the Secretary of Defense--
``(i) the officer is qualified for service as
Surgeon General; and
``(ii) the waiver is necessary for the good of the
Air Force.
``(3) Any waiver under paragraph (2) shall be made on a case-by-
case basis.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2008, and shall apply with respect to appointments
to the position of Surgeon General of the Army, Surgeon General of the
Navy, and Surgeon General of the Air Force that are made on or after
that date.
SEC. 506. GRADE AND EXCLUSION FROM ACTIVE-DUTY GENERAL AND FLAG OFFICER
DISTRIBUTION AND STRENGTH LIMITATIONS 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:
``Sec. 722. Attending Physician to the Congress: grade
``A general officer serving as Attending Physician to the Congress,
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:
``Sec. 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 title 10, United
States Code, 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. 507. DISCRETIONARY SEPARATION AND RETIREMENT OF CHIEF WARRANT
OFFICERS, W-4, TWICE FAILING SELECTION FOR PROMOTION.
(a) In General.--Section 580(a) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting ``, except as provided
in paragraph (5),'' after ``shall'';
(2) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively; and
(3) by inserting after paragraph (4) the following new
paragraph (5):
``(5) In the case of a warrant officer described in paragraph (1)
who is in the grade of chief warrant officer, W-4, the retirement or
separation of such member under this subsection shall be subject to the
discretion of the Secretary concerned.''.
(b) Eligibility for Promotion.--Paragraph (6) of such section, as
redesignated by subsection (a)(2) of this section, is further amended--
(1) by striking ``A warrant officer'' and inserting ``(A)
Except as provided in subparagraph (B), a warrant officer'';
and
(2) by adding at the end the following new subparagraph:
``(B) A warrant officer who is retained on active duty pursuant to
an exercise of the authority in paragraph (5) is eligible for further
consideration for promotion while remaining on active duty.''.
SEC. 508. 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:
``Sec. 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:
``Sec. 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:
``Sec. 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:
``Sec. 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 beginning 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).
``14511. Separation at age 64: major generals and rear admirals.
``14512. Separation at age 66: officers holding certain offices.''.
SEC. 509. MODIFICATION OF QUALIFICATIONS FOR LEADERSHIP OF THE NAVAL
POSTGRADUATE SCHOOL.
Section 7042(a) of title 10, United States Code, is amended--
(1) in paragraph (1)(A)--
(A) by inserting ``active-duty or retired'' after
``An'';
(B) by inserting ``or Marine Corps'' after
``Navy'';
(C) by inserting ``or colonel, respectively'' after
``captain''; and
(D) by inserting ``or assigned'' after
``detailed'';
(2) in paragraph (2), by inserting ``and the Commandant of
the Marine Corps'' after ``Operations''; and
(3) in paragraph (4)(A)--
(A) by inserting ``(unless such individual is a
retired officer of the Navy or Marine Corps in a grade
not below the grade of captain or colonel,
respectively)'' after ``in the case of a civilian'';
(B) by inserting ``active-duty or retired'' after
``in the case of an''; and
(C) by inserting ``or Marine Corps'' after
``Navy''.
Part II--Officer Promotion Policy
SEC. 515. PROMOTIONS.
(a) Officers on Active-Duty List.--
(1) Clarification of approval of selection board reports.--
Subsection (a)(1) of section 624 of title 10, United States
Code, is amended by inserting ``or a delegate of the
President'' after ``the President''.
(2) Date of establishment of promotion list.--Such
subsection is further amended by adding at the end the
following new sentence: ``For promotions that occur by and with
the advice and consent of the Senate, a promotion list shall be
treated as being established for purposes of this chapter on
the date on which the list is received by the Senate for
consideration.''.
(3) Uniform procedures for delays of appointment upon
promotion.--Subsection (d) of such section is amended--
(A) in paragraph (1), by striking ``prescribed by
the Secretary concerned'' and inserting ``prescribed by
the Secretary of Defense''; and
(B) in paragraph (2), by striking ``prescribed by
the Secretary concerned'' and inserting ``prescribed by
the Secretary of Defense''.
(4) Additional basis for delay of appointment.--Subsection
(d)(1) of such section is further amended--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; or'';
(C) by inserting after subparagraph (D) the
following new subparagraph (E):
``(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 if the officer is
acquitted'' and inserting ``if the officer is
acquitted''; and
(ii) by inserting after ``brought against
him,'' the following: ``or if after a review of
substantiated adverse information about the
officer 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,''.
(5) 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
mentally, physically,'' the following: ``has not met
the requirement 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) Clarification of approval of selection board reports.--
Subsection (a) of section 14308 of title 10, United States
Code, is amended by inserting ``or a delegate of the
President'' after ``the President''.
(2) Date of establishment of promotion list.--Such
subsection is further amended by adding at the end the
following new sentence: ``For promotions that occur by and with
the advice and consent of the Senate, a promotion list shall be
treated as being established for purposes of this chapter on
the date on which the list is received by the Senate for
consideration.''.
(3) Uniform procedures for delays of appointment upon
promotion.--Section 14311 of such title is amended--
(A) in subsection (a)(1), by striking ``Secretary
of the military department concerned'' and inserting
``Secretary of Defense''; and
(B) in subsection (b), by striking ``Secretary of
the military department concerned'' and inserting
``Secretary of Defense''.
(4) Additional basis for original delay of appointment.--
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 review by the Secretary of Defense or the Secretary
concerned.''; and
(B) in paragraph (2)--
(i) by striking ``or if the officer is
acquitted'' and inserting ``if the officer is
acquitted''; and
(ii) by inserting after ``brought against
him,'' the following: ``or if after a review of
substantiated adverse information about the
officer 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,''.
(5) 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
mentally, physically,'' the following: ``has not met
the requirement 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 Promotions.--The
Secretary of Defense shall prescribe the regulations required by
section 624(d) of title 10, United States Code (as amended by
subsection (a)(3) of this section), and the regulations required by
section 14311 of title 10, United States Code (as amended by subsection
(b)(3) of this section), not later than March 1, 2008.
(d) 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 that
date.
SEC. 516. CONSIDERATION OF ADVERSE INFORMATION BY PROMOTION SELECTION
BOARDS IN RECOMMENDATIONS ON OFFICERS TO BE PROMOTED.
(a) Officers on Active-Duty List.--Section 616(c) of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) a majority of the members of the board, after
consideration 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) in paragraph (1), by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(3) a majority of the members of the board, after
consideration 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 promotion selection boards convened on or after that date.
SEC. 517. 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.''.
(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 take
effect on the date of the enactment of this Act, and shall apply with
respect to promotion selection boards convened on or after that date.
SEC. 518. CLARIFICATION OF NONDISCLOSURE REQUIREMENTS APPLICABLE TO
PROMOTION SELECTION BOARD PROCEEDINGS.
(a) Selection Board Proceedings for Active Duty Officers.--
Subsection (f) of section 618 of title 10, United States Code, is
amended to read as follows:
``(f)(1) Proceedings of a selection board convened under section
611 of this title shall not be disclosed to any person not a member of
the board.
``(2) Discussions and deliberations of a selection board described
in paragraph (1), and any written or documentary records thereof,
shall--
``(A) be immune from legal process;
``(B) not be admitted as evidence; and
``(C) 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.''.
(b) Selection Board Proceedings for Reserve Officers.--
(1) In general.--Section 14104 of such title is amended to
read as follows:
``Sec. 14104. Nondisclosure of board proceedings
``(a) In General.--The proceedings of a selection board convened
under section 14101 of this title shall not be disclosed to any person
not a member of the board.
``(b) Discussions and Deliberations.--Discussions and deliberations
of a selection board described in subsection (a), and any written or
documentary records thereof, shall--
``(1) be immune from legal process;
``(2) not be admitted as evidence; and
``(3) 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) Clerical amendment.--The table of sections at the
beginning of chapter 1403 of such title is amended by striking
the item relating to section 14104 and inserting the following
new item:
``14104. Nondisclosure of board proceedings.''.
(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 the proceedings of any promotion selection board, whether
convened before, on, or after such date.
SEC. 519. 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.--Subsection
(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 promotion
selection boards convened on or after that date.
SEC. 520. REMOVAL FROM PROMOTION LISTS OF OFFICERS RETURNED TO THE
PRESIDENT BY THE SENATE.
(a) Officers on Active-Duty List.--
(1) Clarification of removal authority.--Subsection (a) of
section 629 of title 10, United States Code, is amended by
inserting ``or a delegee of the President'' after ``The
President''.
(2) Removal following return.--Such section is further
amended--
(A) by redesignating subsection (c) as subsection
(d);
(B) by inserting after subsection (b) the following
new subsection (c):
``(c)(1) If an officer or group of officers on a list of officers
approved for promotion by the President and submitted to the Senate for
consideration is returned by the Senate to the President pursuant to
the rules and procedures of the Senate, the officer or group of
officers, as the case may be, shall automatically be removed from the
list at the end of the 365-day period beginning on the date of such
return.
``(2) Prior to the end of the 365-day period referred to in
paragraph (1), the President may extend by an additional 365 days the
period specified in that paragraph for the removal of an officer or
group of officers from a list of officers approved for promotion by the
President.
``(3) The President may, during the period specified in paragraph
(1), as extended (if at all) under paragraph (2), resubmit to the
Senate any officer or group of officers removed under paragraph (1)
from a list of officers approved for promotion by the President.
``(4) If an officer or group of officers resubmitted to the Senate
under paragraph (3) is returned by the Senate to the President pursuant
to the rules and procedures of the Senate, the officer or group of
officers, as the case may be, shall automatically be removed from the
list of officers approved for promotion by the President.''; and
(C) in paragraph (1) of subsection (d), as
redesignated by paragraph (1) of this subsection, by
striking ``or (b)'' and inserting ``(b), or (c)''.
(b) Officers on Reserve Active Status List.--
(1) Clarification of removal authority.--Subsection (a) of
section 14310 of such title is amended by inserting ``or a
delegee of the President'' after ``The President''.
(2) Removal following return.--Such section is further
amended--
(A) by redesignating subsection (c) as subsection
(d);
(B) by inserting after subsection (b) the following
new subsection (c):
``(c) Removal Following Return by the Senate to the President.--(1)
If an officer or group of officers on a list of officers approved for
promotion by the President and submitted to the Senate for
consideration is returned by the Senate to the President pursuant to
the rules and procedures of the Senate, the officer or group of
officers, as the case may be, shall automatically be removed from the
list at the end of the 365-day period beginning on the date of such
return.
``(2) Prior to the end of the 365-day period referred to in
paragraph (1), the President may extend by an additional 365 days the
period specified in that paragraph for the removal of an officer or
group of officers from a list of officers approved for promotion by the
President.
``(3) The President may, during the period specified in paragraph
(1), as extended (if at all) under paragraph (2), resubmit to the
Senate any officer or group of officers removed under paragraph (1)
from a list of officers approved for promotion by the President.
``(4) If an officer or group of officers resubmitted to the Senate
under paragraph (3) is returned by the Senate to the President pursuant
to the rules and procedures of the Senate, the officer or group of
officers, as the case may be, shall automatically be removed from the
list of officers approved for promotion by the President.''; and
(C) in subsection (d), as redesignated by paragraph
(1) of this subsection, by striking ``or (b)'' and
inserting ``(b), or (c)''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on January 1, 2007.
(2) Applicability to certain officers.--The amendments made
by this section shall not apply to any officer on the active-
duty list or reserve active status list whose name is on a
promotion list or report of a selection board on the date of
the enactment of this Act. Any officer whose name is on a
promotion list as of the date of the enactment of this Act
following the return of the officer's nomination to the
President by the Senate and who is eligible as of that date for
retirement for years of service shall be retired not later than
October 1, 2008.
SEC. 521. REPORT ON JOINT OFFICER PROMOTION BOARDS.
(a) Report Required.--Not later than June 1, 2007, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and House of Representatives a report on the desirability and
feasibility of conducting joint officer promotion selection boards.
(b) Elements.--The report under subsection (a) shall include--
(1) a discussion of the limitations in existing officer
career paths and promotion procedures that might warrant the
conduct of joint officer promotion selection boards;
(2) an identification of the requirements for officers for
which joint officer promotion selection boards would be
advantageous;
(3) recommendations on methods to demonstrate how joint
officer promotion selection boards might be structured, and an
evaluation of the feasibility of such methods; and
(4) any proposals for legislative action that the Secretary
considers appropriate.
Part III--Joint Officer Management Requirements
SEC. 526. MODIFICATION AND ENHANCEMENT OF GENERAL AUTHORITIES ON
MANAGEMENT OF JOINT QUALIFIED OFFICERS.
(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 and inserting the
following new sentence: ``For purposes of this chapter, officers to be
managed by such policies, procedures, and practices are referred to as
`joint qualified'.''.
(b) Numbers and Designation.--Subsection (b) of such section is
amended--
(1) in the heading, by striking ``Selection'' and inserting
``Designation'';
(2) in paragraph (1), by striking ``of officers with the
joint specialty'' and inserting ``and levels of joint qualified
officers'';
(3) in paragraph (2)--
(A) by striking ``selected for the joint
specialty'' and inserting ``designated as joint
qualified officers''; and
(B) by striking the second and third sentences and
inserting the following new sentence: ``Officers
considered for joint qualification shall--
``(A) meet criteria prescribed by the Secretary of Defense;
and
``(B) be those officers who are serving in the grade of
captain or, in the case of the Navy, lieutenant, or a higher
grade.''; and
(4) in paragraph (3)--
(A) by striking ``select officers for the joint
specialty'' and inserting ``designate officers as joint
qualified officers''; and
(B) by striking ``the Deputy Secretary of Defense''
and inserting ``the Under Secretary of Defense for
Personnel and Readiness''.
(c) Education and Experience Requirements.--Subsection (c) of such
section is amended to read as follows:
``(c) Education and Experience Requirements.--(1) An officer may
not be designated as a joint qualified officer until the officer--
``(A)(i) successfully completes an appropriate program at a
joint professional military education school; and
``(ii) successfully completes a full tour of duty in a
joint duty assignment (as described in section 664(f) of this
title (other than in paragraph (2) of such section)); or
``(B) under regulations and policy prescribed by the
Secretary of Defense, successfully demonstrates a mastery of
knowledge, skills, and abilities in joint matters.
``(2)(A) In the case of an officer who has completed two full tours
of duty in a joint duty assignment (as described in section 664(f) of
this title) and demonstrates a mastery of knowledge, skills, and
abilities on joint matters, the Secretary of Defense may waive the
requirement that the officer have successfully completed a program of
education referred to in paragraph (1)(A)(i) if the Secretary
determines that the types of joint duty experiences completed by the
officer have been of sufficient breadth to prepare the officer
adequately for the highest level of joint qualification.
``(B) The authority of the Secretary of Defense to grant a waiver
under subparagraph (A) may be delegated only to the Under Secretary of
Defense for Personnel and Readiness.
``(C)(i) A waiver under subparagraph (A) may be granted only on a
case-by-case basis.
``(ii) A waiver under subparagraph (A) may be granted only under
circumstances justifying variation from the requirements of paragraph
(1) for designation of an officer for the highest level of joint
qualification as specified by the Secretary of Defense.
``(iii) In the case of a general or flag officer, a waiver under
subparagraph (A) may be granted only under circumstances described in
clause (ii) and 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.
``(iv) In the case of officers in grades below brigadier general or
rear admiral (lower half), the total number of waivers granted under
subparagraph (A) 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 selected for the highest level of joint qualification during
that fiscal year.
``(D) There may not be more than 32 general and flag officers on
active duty at the same time who were selected for the joint specialty
or highest level of joint qualification while holding a general or flag
officer grade and for whom a waiver was granted under subparagraph
(A).''.
(d) Number of Joint Duty Assignments.--Subsection (d) of such
section is amended to read as follows:
``(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
highest 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) Except as provided in subparagraph (B), a position
designated under paragraph (2) may be held only by an officer who has
the highest level of joint qualification.
``(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 (1). Any such waiver shall be
granted on a case-by-case basis. The authority of the 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.''.
(e) Career Guidelines.--Subsection (e) of such section is amended
by striking ``officers with the joint specialty'' and inserting
``officers who are joint qualified officers''.
(f) Treatment of Certain Service.--Subsection (f) of such section
is amended by striking ``(including section 619(e)(1) of this title)''.
(g) Clerical Amendment.--The table of sections at the beginning 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 joint qualified officers.''.
SEC. 527. 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. 528. APPLICABILITY OF JOINT DUTY ASSIGNMENT REQUIREMENTS 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
military education school'' and inserting ``a school within the
National Defense University''; 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'';
and
(B) in paragraph (2), by striking ``a joint
professional military education school'' and inserting
``a school referred to in paragraph (1)''.
(b) Definition.--Such section is further amended by adding at the
end the following new subsection:
``(c) School Within the National Defense University.--For purposes
of this section, a school within the National Defense University
includes a school as follows:
``(1) The National War College.
``(2) The Industrial College of the Armed Forces.
``(3) The Joint Advanced Warfighting School.
``(4) The Joint Forces Staff College.''.
SEC. 529. MODIFICATION OF DEFINITIONS RELATING TO JOINTNESS.
(a) Modification of Definition of ``Joint Matters''.--Subsection
(a) of section 668 of title 10, United States Code, is amended to read
as follows:
``(a) Joint Matters.--In this chapter, the term `joint matters'
means matters involving the integrated use of military forces relating
to national military strategy, strategic and contingency planning, and
command and control of operations under unified command that may be
conducted under unified action on land, sea, or air, in space, or in
the information environment with participants from multiple armed
forces, the armed forces and other departments and agencies of the
United States Government, the armed forces and the military forces or
agencies of other countries, the armed forces and non-governmental
persons or entities, or any combination thereof.''.
(b) Modification of Definition of ``Joint Duty Assignment''.--
Paragraph (1) of subsection (b) of such section is amended by striking
``and shall exclude'' and all that follows and inserting a period.
(c) Restatement of Definition of ``Critical Occupational
Specialty''.--
(1) In general.--Section 668 of such title is further
amended by adding at the end the following new subsection:
``(d) Critical Occupational Specialty.--In this chapter, the term
`critical occupational specialty' means a military occupational
specialty within a combat arm of the Army, or an equivalent arm of the
Navy, Air Force, and Marine Corps, that is designated by the Secretary
of Defense as a critical occupational specialty because such combat arm
is experiencing a severe shortage of trained officers in that military
occupational specialty.''.
(2) Conforming amendments.--The following provisions of
such title are each amended by striking ``under section
661(c)(2) of this title'':
(A) Section 664(c)(2).
(B) Section 667(3).
SEC. 530. CONDITION ON APPOINTMENT OF COMMISSIONED OFFICERS TO POSITION
OF DIRECTOR OF NATIONAL INTELLIGENCE OR DIRECTOR OF THE
CENTRAL INTELLIGENCE AGENCY.
(a) Condition.--
(1) In general.--Chapter 32 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 529. Condition on appointment to certain positions: Director of
National Intelligence; Director of the Central
Intelligence Agency
``As a condition of appointment to the position of Director of
National Intelligence or Director of the Central Intelligence Agency,
an officer shall acknowledge that upon termination of service in such
position the officer shall be retired in accordance with section 1253
of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 32 of such title is amended by adding at
the end the following new item:
``529. Condition on appointment to certain positions: Director of
National Intelligence; Director of the
Central Intelligence Agency.''.
(b) Retirement.--
(1) In general.--Chapter 63 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1253. Mandatory retirement: Director of National Intelligence;
Director of the Central Intelligence Agency
``Upon termination of the appointment of an officer to the position
of Director of National Intelligence or Director of the Central
Intelligence Agency, the Secretary of the military department concerned
shall retire the officer under any provision of this title under which
the officer is eligible to retire.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 63 of such title is amended by adding at
the end the following new item:
``1253. Mandatory retirement: Director of National Intelligence;
Director of the Central Intelligence
Agency.''.
(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 appointments of commissioned officers of the Armed Forces to
the position of Director of National Intelligence or Director of the
Central Intelligence Agency on or after that date.
Subtitle B--Reserve Component Personnel Matters
SEC. 531. ENHANCED FLEXIBILITY IN THE MANAGEMENT OF RESERVE COMPONENT
PERSONNEL.
(a) Clarification of Definition of ``Active Guard and Reserve
Duty'' Under Title 10, United States Code.--Section 101(d)(6)(A) of
title 10, United States Code, is amended--
(1) by striking ``or full-time National Guard duty'' the
first place it appears;
(2) by striking ``to active duty or'' and inserting ``to'';
(3) by striking ``Guard, pursuant'' and inserting ``Guard
pursuant''; and
(4) by inserting a comma before ``for a period''.
(b) Expansion of Active Guard and Reserve Duty To Include Support
of Reserve Component Operations and Additional Instruction and
Training.--Section 12310 of title 10, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) Active Guard and Reserve Duty.--The Secretary concerned may
order a Reserve ordered to or retained on active duty under section
12301(d) of this title to perform active Guard and Reserve duty.
``(b) Additional Duties.--A Reserve on active duty as described in
subsection (a) who is performing active Guard and Reserve duty pursuant
to an order under that subsection may be assigned additional duties (to
the extent such duties do not interfere with the performance by the
Reserve of active Guard and Reserve duty under that subsection) as
follows:
``(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 on reserve component
matters.
``(4) Instructing or training members of the armed forces
on active duty, members of foreign military forces (under
authorities and limitations applicable to the provision of such
instruction or training by members of the Armed Forces on
active duty), Department of Defense contractor personnel, and
Department of Defense civilian employees.
``(c) Grade When Ordered to Active Duty.--A Reserve ordered to
active duty under subsection (a) shall be ordered in his reserve grade.
While so serving, he continues to be eligible for promotion as a
Reserve, if he is otherwise qualified.''; and
(3) in paragraph (1) of subsection (d), as so
redesignated--
(A) by striking ``Notwithstanding subsection (b), a
Reserve'' and inserting ``A Reserve''; and
(B) by striking ``functions'' and inserting
``duty''.
(c) Expansion of Duties of Military Technicians (Dual Status).--
(1) General duties.--Section 10216(a)(1)(C) of such title
is amended by striking ``administration and'' and inserting
``organizing, administering, instructing, or''.
(2) Support of reserve component operations and additional
instruction and training.--Chapter 1007 of such title is
amended by inserting after section 10216 the following new
section:
``Sec. 10216a. Military technicians (dual status): additional duties
``A military technician (dual status) who is employed under section
3101 of title 5 may perform additional duties (to the extent such
duties do not interfere with the performance by the military technician
of duties assigned under section 10216(a)(1)(C) of this title) as
follows:
``(1) Supporting operations or missions assigned in whole
or in part to the military technician's unit.
``(2) Supporting operations or missions performed or to be
performed by--
``(A) a unit composed of elements from more than
one component of the military technician's armed force;
or
``(B) a joint forces unit that includes--
``(i) one or more units of the military
technician's reserve component; or
``(ii) a member of the military
technician's reserve component whose reserve
component assignment is in a position in an
element of the joint forces unit.
``(3) Instructing or training members of the Armed Forces
on active duty, members of foreign military forces (under
authorities and limitations applicable to the provision of such
instruction or training by members of the Armed Forces on
active duty), Department of Defense contractor personnel, and
Department of Defense civilian employees.''.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 1007 of such title is amended by inserting
after the item relating to section 10216 the following new
item:
``10216a. Military technicians (dual status): additional duties.''.
(d) Order of National Guard Members To Perform National Guard
Active Guard and Reserve Duty and Additional Duties.--
(1) Definition of ``national guard active guard and reserve
duty''.--Section 101 of title 32, United States Code, is
amended by adding at the end the following:
``(20)(A) `National Guard active Guard and Reserve duty'
means full-time National Guard duty performed by a member of
the National Guard pursuant to an order to full-time National
Guard duty, for a period of 180 consecutive days or more for
the purpose of organizing, administering, recruiting,
instructing, or training the reserve components.
``(B) Such term does not include the following:
``(i) Duty performed as a member of the Reserve
Forces Policy Board under section 10301 of title 10.
``(ii) Duty performed as a property and fiscal
officer under section 708 of this title.
``(iii) Duty performed for the purpose of
interdiction and counter-drug activities for which
funds have been provided under section 112 of this
title.
``(iv) Duty performed as a general or flag officer.
``(v) Service as a State director of the Selective
Service System under section 10(b)(2) of the Military
Selective Service Act (50 U.S.C. App. 460(b)(2)).''.
(2) Order to perform duty.--Chapter 3 of such title is
amended by adding at the end the following new section:
``Sec. 328. National Guard active Guard and Reserve duty; additional
duties
``(a) Authority To Order to Duty.--The Governor of his State or
Territory or Puerto Rico, or commanding 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 National Guard active Guard and Reserve duty.
``(b) Nature of Duty.--(1) A member of the National Guard may be
ordered to perform duty under subsection (a)--
``(A) without his consent, but with the pay and allowances
provided by law; or
``(B) with his consent, either with or without pay and
allowances.
``(2) Duty without pay shall be considered for all purposes as if
it were duty with pay.
``(c) Duties.--A member of the National Guard performing duty under
subsection (a) may perform the following additional duties (to the
extent such duties do not interfere with the performance by the member
of National Guard active Guard and Reserve duty under that subsection)
as follows:
``(1) Support of operations or missions undertaken by the
member's unit at the request of the President or the Secretary
of Defense.
``(2) Support of Federal training operations or Federal
training missions assigned in whole or in part to the member's
unit.
``(3) Instructing or training members of the Armed Forces
on active duty, members of foreign military forces (under
authorities and limitations applicable to the provision of such
instruction or training by members of the Armed Forces on
active duty), Department of Defense contractor personnel, and
Department of Defense civilian employees.''.
(3) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``328. National Guard active Guard and Reserve duty; additional
duties.''.
(e) Expansion of Duties of National Guard Technicians.--Section
709(a) of such title 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;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the performance of additional duties (to the extent
such duties do not interfere with the performance by the
technician of duties under paragraphs (1) and (2)) as follows:
``(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 technician's unit.
``(C) Instructing or training members of the Armed
Forces on active duty, members of foreign military
forces (under authorities and limitations applicable to
the provision of such instruction or training by
members of the Armed Forces on active duty), Department
of Defense contractor personnel, and Department of
Defense civilian employees.''.
SEC. 532. EXPANSION OF ACTIVITIES AUTHORIZED FOR RESERVES UNDER WEAPONS
OF MASS DESTRUCTION CIVIL SUPPORT TEAMS.
(a) In General.--Subsection (d) of section 12310 of title 10,
United States Code, as redesignated and amended by section 531(b) of
this Act, is further amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by inserting ``in the United States,
Canada, or the United Mexican States'' after
``title)''; and
(ii) by striking ``or'' at the end;
(B) in subparagraph (B)--
(i) by inserting ``, Canada, or the United
Mexican States'' after ``United States''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(C) the intentional or unintentional release of nuclear,
biological, radiological, or toxic or poisonous chemical
materials in the United States, Canada, or the United Mexican
States that results, or could result, in catastrophic loss of
life or property; or
``(D) a natural or manmade disaster in the United States,
Canada, or the United Mexican States that results, or could
result, in catastrophic loss of life or property.''; and
(2) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3)(A) A Reserve may perform duties described in subparagraph
(A), (B), or (C) of paragraph (1)--
``(i) only while assigned to a reserve component civil
support team; and
``(ii) if performing those duties in Canada or the United
Mexican States, only after being ordered to active duty under
this title.
``(B) A Reserve may perform the duties described in paragraph
(1)(D)--
``(i) only while assigned to a reserve component civil
support team;
``(ii) only with the approval of the Secretary of Defense;
and
``(iii) if performing those duties in Canada or the United
Mexican States, only after being ordered to active duty under
this title.
``(C) Any duties described in paragraph (1) that are performed in
Canada or the United Mexican States may occur, with consultation of the
Secretary of State, at any distance beyond the borders of the United
States with such country as is agreed to by appropriate authorities in
such country.''.
(b) Definition of ``United States''.--Such subsection is further
amended by adding at the end the following new paragraph:
``(7) In this subsection, the term `United States' means each of
the several States, the District of Columbia, Puerto Rico, Guam, and
the Virgin Islands.''.
(c) Conforming Amendments.--Such subsection is further amended--
(1) in the heading, by inserting ``, Terrorist Attack, and
Natural or Manmade Disaster'' after ``Mass Destruction'';
(2) in paragraph (5), by striking ``rapid assessment
element team'' and inserting ``civil support team''; and
(3) in paragraph (6)(B), by striking ``paragraph (3)(B)''
and inserting ``that paragraph''.
SEC. 533. MODIFICATION OF AUTHORITIES RELATING TO THE COMMISSION ON THE
NATIONAL GUARD AND RESERVES.
(a) Annuities and Pay of Members on Federal Reemployment.--
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 Commission
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 is amended
by striking ``one year'' and inserting ``18 months''.
(c) Effective Date.--The amendments made by this section shall be
effective on 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. 534. PILOT PROGRAM ON REINTEGRATION OF MEMBERS OF THE NATIONAL
GUARD INTO CIVILIAN LIFE AFTER DEPLOYMENT.
(a) Pilot Program Required.--The Secretary of the Army shall carry
out a pilot program to assess the feasibility and advisability of
utilizing the mechanisms specified in this section to facilitate the
reintegration of members of the National Guard into civilian life after
their return from deployment overseas.
(b) Limitation on Location.--The pilot program required by
subsection (a) may only be carried out in a State that has a National
Guard brigade that is returning from deployment overseas during the
period of the pilot program.
(c) Program Elements.--The mechanisms under the pilot program
required by subsection (a) shall include the following:
(1) Initial reintegration training.--Training (to be known
as ``initial reintegration training'') of members of the
National Guard described in subsection (a) to facilitate the
reintegration of such members with their families and
communities after their return from deployment as described in
that subsection. Such training shall be conducted immediately
after the return of such members from such deployment.
Participation in such training shall be voluntary.
(2) 30-day reintegration training.--Training (to be known
as ``30-day reintegration training'') of members of the
National Guard described in subsection (a) to assist such
members in identifying the signs and symptoms of combat stress.
Such training shall be conducted approximately 30 days after
provision of training under paragraph (1). Participation in
such training shall be voluntary.
(3) 60-day reintegration training.--Training (to be known
as ``60-day reintegration training'') of members of the
National Guard described in subsection (a) to assist such
members in matters relating to combat stress, including
chemical dependency, anger management, and gambling abuse. Such
training shall be conducted approximately 30 days after
provision of training under paragraph (2). Participation in
such training shall be voluntary.
(4) 90-day reintegration training.--Training (to be known
as ``90-day reintegration training'') of members of the
National Guard described in subsection (a) to ensure a thorough
physical and mental health assessment of such members after
deployment as described in that subsection. Such training shall
be conducted approximately 30 days after provision of training
under paragraph (3). Participation in such training shall be
voluntary.
(5) Educational materials.--The development and
distribution of educational materials for families of members
of the National Guard described in subsection (a), and for the
communities in which such members and families reside, on
matters relating to the reintegration of such members into
civilian life after their return from deployment overseas.
(d) Report.--Not later than one year after the commencement of the
pilot program required by subsection (a), the Secretary shall submit to
the congressional defense committees a report on the pilot program. The
report shall include--
(1) a description of the activities undertaken under the
pilot program;
(2) an assessment of the effectiveness of such mechanisms
in facilitating the reintegration of members of the National
Guard into civilian life after their return from deployment
overseas; and
(3) such recommendations for legislative or administrative
action as the Secretary considers appropriate in light of the
pilot program.
(e) Funding.--Of the amount authorized to be appropriated by
section 301(10) for operation and maintenance for the Army National
Guard, $6,663,000 may be available for the pilot program required by
subsection (a).
Subtitle C--Military Justice and Related Matters
SEC. 551. APPLICABILITY OF UNIFORM CODE OF MILITARY JUSTICE TO MEMBERS
OF THE ARMED FORCES ORDERED TO ACTIVE 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 regulations,
in order to provide that officers and enlisted personnel of the Armed
Forces who are ordered to active 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 execution 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 contingency
operation''.
Subtitle D--Education and Training Matters
SEC. 561. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT MEDICAL
SCHOOLS.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended by inserting after section 2004 the following new section:
``Sec. 2004a. Detail of commissioned officers as students at medical
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 on active duty following
completion of training for a period of two years for
each year or part thereof of the officer's medical
training under subsection (a).
``(c) 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
concerned.
``(d) 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.
``(e) Expenses.--Expenses incident to the detail of officers under
this section shall be paid from any funds appropriated for the military
department concerned.
``(f) 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 appropriate military capacity in
accordance with the active duty obligation imposed on the officer under
regulations issued by the Secretary of Defense for purposes of this
section.
``(2) In no case shall an officer be required to serve on active
duty under this subsection for any period in excess of one year for
each year or part thereof the officer participated in the program.
``(g) Limitation on Details.--(1) 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.
``(2) 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 beginning of
chapter 101 of such title 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. 562. EXPANSION OF ELIGIBILITY TO PROVIDE JUNIOR RESERVE OFFICERS'
TRAINING CORPS INSTRUCTION.
(a) Eligibility of Retired Members of National Guard and
Reserves.--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, the detailing of active duty
officers and noncommissioned officers under subsection (c)(1), and the
employment of retired officers, noncommissioned officers, 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 retired officers and noncommissioned officers who qualify
for retired pay for non-regular service under section 12731 of this
title (other than those who qualify for age under subsection (a)(1) of
such section) whose qualifications are approved by the Secretary and
the institution concerned and who request such employment, subject to
the following:
``(1) The Secretary 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 the retired or retainer pay for an active
duty officer or noncommissioned offer of the same grade and
years of service for such period and the active duty pay and
allowances which the member would have received for such period
if on active duty. Amounts may be paid with respect to members
under this subsection after such members reach the age of 60.
Payments by the Secretary under this paragraph shall be made
from funds appropriated for that purpose.
``(2) Notwithstanding any other provision of law, such a
member 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 Currently Providing
Instruction.--Subsection (d) of such section is amended in the matter
preceding paragraph (1) by striking ``and noncommissioned officers, and
members of the Fleet Reserve and Fleet Marine Corps Reserve'' and
inserting ``, noncommissioned officers, and members of the Fleet
Reserve and Fleet Marine Corps Reserve who are drawing retired or
retained pay''.
SEC. 563. INCREASE IN MAXIMUM AMOUNT OF REPAYMENT UNDER EDUCATION LOAN
REPAYMENT FOR OFFICERS IN SPECIFIED 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 with respect
agreements entered into 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. 564. INCREASE IN BENEFITS UNDER HEALTH PROFESSIONS SCHOLARSHIP AND
FINANCIAL ASSISTANCE PROGRAM.
(a) Stipend.--Section 2121(d) of title 10, United States Code, is
amended--
(1) by striking ``the rate of $579 per month'' and
inserting ``in an amount not to exceed $30,000 per year''; and
(2) by striking ``That rate'' and inserting ``The maximum
amount of the stipend''.
(b) 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) Effective Date.--The amendments made by this section shall take
effect on October 1, 2006.
(d) Prohibition on Adjustments in 2007.--No adjustment under
subsection (d) of section 2122 of title 10, United States Code, in the
maximum amount of the stipend payable under such section 2122, and no
adjustment under subsection (e) of section 2127 of such title in the
maximum amount of the annual grant payable under such section 2127,
shall be made in 2007.
SEC. 565. REPORT ON HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL
ASSISTANCE PROGRAM.
(a) Report Required.--Not later than March 1, 2007, the Secretary
of Defense shall submit to the congressional defense committees a
report on the health professions scholarship and financial assistance
program for active service under subchapter I of chapter 105 of title
10, United States Code.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the success of each military
department in achieving its recruiting goals under the health
professions scholarship and financial assistance program for
active service 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
covered by paragraph (1), an explanation of the failure of the
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.
SEC. 566. EXPANSION OF INSTRUCTION AVAILABLE AT THE NAVAL POSTGRADUATE
SCHOOL FOR ENLISTED MEMBERS OF THE ARMED FORCES.
(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);
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D)(i) The Secretary may, pursuant to regulations prescribed by
the Secretary, 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 curricula.
``(ii) To be eligible for instruction under this subparagraph, an
enlisted member shall hold a baccalaureate degree granted by an
institution of higher education.
``(iii) Instruction shall be provided under this subparagraph 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) The regulations prescribed under clause (i) may include
criteria for eligibility of enlisted members for instruction under this
subparagraph and obligations for further service in the armed forces by
enlisted members relating to receipt of such instruction.''; and
(3) in subparagraph (E), as so redesignated, by striking
``and (C)'' and inserting ``(C), and (D)''.
(c) Conforming Amendment.--Subsection (b)(2) of such section is
amended by striking ``(a)(2)(D)'' and inserting ``(a)(2)(E)''.
(d) Repeal of Certain Requirements on Instruction.--Section 526 of
the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163) is amended by striking subsections (c) and (d).
SEC. 567. MODIFICATION OF ACTIONS TO ADDRESS SEXUAL HARASSMENT AND
SEXUAL VIOLENCE AT THE SERVICE ACADEMIES.
(a) Clarification of Scope of Actions.--Section 527 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1468; 10 U.S.C. 4331 note) is amended--
(1) in subsection (a)--
(A) in the subsection caption, by inserting
``Sexual'' before ``Violence''; and
(B) in paragraph (1)--
(i) in subparagraph (A), by striking
``personnel of'' and inserting ``cadets at'';
(ii) in subparagraph (B), by striking
``personnel of'' and inserting ``midshipmen
at''; and
(iii) in subparagraph (C), by striking
``personnel of'' and inserting ``cadets at'';
(2) by inserting ``sexual'' before ``violence'' each place
it appears; and
(3) by striking ``academy personnel'' each place it appears
and inserting ``cadets or midshipmen''.
(b) Assessments of Academy Policies.--
(1) Administration of assessments.--Subsection (b) of such
section is further amended--
(A) in paragraph (1)--
(i) by striking ``to conduct'' and
inserting ``to provide''; and
(ii) by inserting ``(to be administered by
the Department of Defense)'' after ``an
assessment''; and
(B) in paragraph (2), by striking ``shall conduct''
and inserting ``shall provide for the conduct of''.
(2) Schedule for assessments.--Such subsection is further
amended--
(A) in the subsection caption, by striking ``Annual
Assessment'' and inserting ``Assessments Required'';
(B) in paragraph (1), by inserting ``specified in
paragraph (2)'' after ``each program year''; and
(C) in paragraph (2), by striking ``2007, and
2008'' and inserting ``2008, and 2010''.
(c) Reports on Activities on Campus.--Subsection (c) of such
section is further amended--
(1) in the subsection caption, by striking ``Annual
Report'' and inserting ``Reports'';
(2) in paragraph (1), by striking ``2007, and 2008'' and
inserting ``2008, and 2010'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``The annual report'' and inserting ``The
report''; and
(B) in subparagraph (D), by striking ``each of the
subsequent academy program years'' and inserting ``each
other academy program year covered by this
subsection''; and
(4) in paragraphs (3) and (4), by striking ``the annual''
and inserting ``each''.
(d) Conforming Amendment.--The heading of such section is amended
to read as follows:
``SEC. 527. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND SEXUAL VIOLENCE AT
THE SERVICE ACADEMIES.''.
SEC. 568. 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
academies and the Reserve Officers' Training Corps to
participate in professional sports before the
completion of their obligations for service on active
duty as commissioned officers; 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 obligations 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
Secretary 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,
midshipmen, 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
personnel 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' Training Corps program if graduates of the
service academies 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 subsection (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
participant 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
warranted 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
participating 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 jurisdiction of such Secretary.
SEC. 569. 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 students participating
in Junior Reserve Officers' Training Corps programs. 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 authorized arrangement that enhances administrative efficiency in
the management of the program. If the Secretary, as a result of the
review, determines that such authority is not available, the Secretary
should also consider whether such authority should be available 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).
SEC. 570. 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:
``Sec. 2033. Instructor qualifications
``(a) In General.--In order for a retired officer or
noncommissioned officer to be employed as an instructor in the program,
the officer must be certified by the Secretary of the military
department 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
officers 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
institution of higher learning.
``(C) Completion of secondary education teaching
certification requirements for the program as
established by the Secretary of the military department
concerned.
``(D) Award of an advanced certification by the
Secretary 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.
``(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
expertise 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 5 years of
employment.
``(C) Completion of secondary education teaching
certification requirements for the program as
established by the Secretary of the military department
concerned.
``(D) Award of an advanced certification by the
Secretary 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 beginning of
such chapter is amended by adding at the end the following new item:
``2033. Instructor qualifications.''.
SEC. 570A. MODIFICATION OF TIME LIMIT FOR USE OF ENTITLEMENT TO
EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS
SUPPORTING CONTINGENCY OPERATIONS AND OTHER OPERATIONS.
(a) Modification.--Section 16164(a) of title 10, United States
Code, is amended by striking ``this chapter while serving--'' and all
that follows and inserting ``this chapter--
``(1) while the member is serving--
``(A) in the Selected Reserve of the Ready Reserve,
in the case of a member called or ordered to active
service while serving in the Selected Reserve; or
``(B) in the Ready Reserve, in the case of a member
ordered to active duty while serving in the Ready
Reserve (other than the Selected Reserve); and
``(2) in the case of a person who separates from the
Selected Reserve of the Ready Reserve after completion of a
period of active service described in section 16163 of this
title and completion of a service contract under other than
dishonorable conditions, during the 10-year period beginning on
the date on which the person separates from the Selected
Reserve.''.
(b) Conforming Amendment.--Paragraph (2) of section 16165(a) of
such title is amended to read as follows:
``(2) when the member separates from the Ready Reserve as
provided in section 16164(a)(1) of this title, or upon
completion of the period provided for in section 16164(a)(2) of
this title, as applicable.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 28, 2004, as if included in the enactment of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375), to which such amendments relate.
Subtitle E--Defense Dependents Education Matters
SEC. 571. FUNDING FOR ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND
DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a) Funding for Fiscal Year 2007.--Of the amount authorized to be
appropriated pursuant to section 301(5) for operation and maintenance
for Defense-wide activities--
(1) $30,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under
section 572(a) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C.
7703b); and
(2) $10,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under
section 572(b) of that Act.
(b) Treatment of Funding for Notification Purposes.--The funding
provided under subsection (a) for fiscal year 2007 shall be treated as
funding for that fiscal year for purposes of the notification of local
educational agencies required by section 572(c) of the National Defense
Authorization Act for Fiscal Year 2006 (119 Stat. 3272).
(c) Transition of Military Dependents From Military to Civilian
Schools.--
(1) In general.--The Secretary of Defense shall work
collaboratively with the Secretary of Education in any efforts
to ease the transition of dependents of members of the Armed
Forces from attendance in Department of Defense dependent
schools to civilian schools in systems operated by local
educational agencies.
(2) Utilization of existing resources.--In working with the
Secretary of Education under paragraph (1), the Secretary of
Defense may utilize funds authorized to be appropriated for
operation and maintenance for Defense-wide activities to share
expertise and experience of the Department of Defense Education
Activity with local educational agencies as dependents of
members of the Armed Forces make the transition from attendance
at Department of Defense dependent schools to attendance at
civilian schools in systems operated by such local educational
agencies, including such transitions resulting from defense
base closure and realignment, global rebasing, and force
restructuring.
(3) Definitions.--In this subsection:
(A) The term ``expertise and experience'', with
respect to the Department of Defense Education
Activity, means resources of such activity relating
to--
(i) academic strategies which result in
increased academic achievement;
(ii) curriculum development consultation
and materials;
(iii) teacher training resources and
materials;
(iv) access to virtual and distance
learning technology capabilities and related
applications for teachers; and
(v) such other services as the Secretary of
Defense considers appropriate to improve the
academic achievement of such students.
(B) 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)).
(4) Expiration.--The authority of the Secretary of the
Defense under this subsection shall expire on September 30,
2011.
SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.
Of the amount authorized to be appropriated pursuant to section
301(5) for operation and maintenance for Defense-wide activities,
$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. 573. PLAN TO ASSIST LOCAL EDUCATIONAL AGENCIES EXPERIENCING GROWTH
IN ENROLLMENT DUE TO FORCE STRUCTURE CHANGES, RELOCATION
OF MILITARY UNITS, OR BRAC.
(a) Plan Required.--Not later than January 1, 2007, the Secretary
of Defense shall submit to the congressional defense committees 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) shall include
the following:
(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
installations 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
departures.
(2) Such recommendations as the Office of Economic
Adjustment of the Department of Defense considers appropriate
for means of assisting affected local educational agencies in
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) Update.--Not later than July 1, 2007, and every six months
thereafter through January 1, 2011, the Secretary shall submit to the
congressional defense committees an update of the report required by
subsection (a). Each update shall include an update of each matter
required under subsection (b) current as of the date of such update.
(d) 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
Secondary 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. 574. PILOT PROGRAM ON PARENT EDUCATION TO PROMOTE EARLY CHILDHOOD
EDUCATION FOR DEPENDENT CHILDREN AFFECTED BY MILITARY
DEPLOYMENT OR RELOCATION OF MILITARY UNITS.
(a) Pilot Program Required.--The Secretary of Defense shall 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 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) Duration of Program.--The pilot program shall commence on
October 1, 2007, and shall conclude on September 30, 2010.
(d) Scope of Program.--The pilot program 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 in order 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.--
(1) In general.--The pilot program shall be carried out at
military installations selected by the Secretary for purposes
of this section from among 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 realignment.
(2) Selection of certain installations.--At least one of
the installations selected by the Secretary under paragraph (1)
shall be an installation that permits 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 so selected.
(f) Goals of Participating Installations.--Appropriate personnel at
each military installation selected for participation in the pilot
program shall develop goals, and specific outcome measures with respect
to such goals, for the conduct of the pilot program at such
installation.
(g) Evaluation.--
(1) Evaluation required.--Upon completion of the pilot
program at a military installation, the personnel referred to
in subsection (f) at such installation shall conduct an
evaluation and assessment of the success of the pilot program
at such installation in meeting the goals developed under that
subsection.
(2) Report.--Upon completion of the evaluations under
paragraph (1) for all military installations participating in
the pilot program, the Secretary of Defense shall submit to the
congressional defense committees a report on such evaluations.
The report shall describe the results of such evaluations, and
may include such recommendations for legislative or
administrative action as the Secretary considers appropriate in
light of such evaluations, including recommendations for the
continuation of the pilot program.
(h) Guidelines.--The Secretary shall issue guidelines applicable to
the pilot program, including guidelines on the goals to be developed
under subsection (f), specific outcome measures, and guidelines on the
selection of curriculum and the conduct of developmental screening
under the pilot program.
(i) Funding.--Of the amounts authorized to be appropriated by
section 301(1) for operation and maintenance for the Army, $1,500,000
shall be available to carry out the pilot program in fiscal year 2007.
Subtitle F--Other Matters
SEC. 581. ADMINISTRATION OF OATHS.
(a) In General.--Section 502 of title 10, United States Code, is
amended by striking the flush matter at the end and inserting the
following new flush matter:
``This oath may be taken before the President, the Vice President, the
Secretary of Defense, any commissioned officer of any armed force, or
any other person designated under regulations prescribed by the
Secretary of Defense.''.
(b) Conforming Amendment.--Section 1031 of such title is amended by
striking ``Any commissioned officer'' and all that follows through ``on
active duty,'' and inserting ``The President, the Vice President, the
Secretary of Defense, any commissioned officer of an armed force, or
any other person designated under regulations prescribed by the
Secretary of Defense''.
SEC. 582. 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:
``Sec. 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
the item relating to section 1060b and inserting the following
new item:
``1060b. Military ID cards: dependents and survivors of retirees.''.
SEC. 583. MILITARY VOTING MATTERS.
(a) Repeal of Periodic Inspector General Installation Visits for
Assessment of Voting Assistance Programs.--Section 1566 of title 10,
United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (i) as
subsections (d) through (h), respectively.
(b) 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
Department 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 transmission) 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).
(c) 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 Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff-6(1))), overseas employees of the Department
of Defense, and the dependents of such voters and employees,
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 congressional defense
committees a report setting forth--
(i) an assessment of the success of the
implementation of the Interim Voting Assistance
System ballot request program carried out under
paragraph (1);
(ii) recommendations for continuation of
the Interim Voting Assistance System and for
improvements 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
congressional defense committees a report detailing
plans for expanding the use of electronic voting
technology for individuals covered under the Uniformed
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff
et seq.) for elections through November 30, 2010.
SEC. 584. PRESENTATION OF MEDAL OF HONOR FLAG TO PRIMARY NEXT OF KIN OF
MEDAL OF HONOR RECIPIENTS.
(a) Army Recipients.--Section 3755 of title 10, United States Code,
is amended--
(1) by inserting ``(a) Presentation to Medal of Honor
Recipients.--'' before ``The President''; and
(2) by striking ``after October 23, 2002''; and
(3) by adding at the end the following new subsection:
``(b) Presentation to Primary Next of Kin.--The President may
provide for the presentation of a Medal of Honor Flag to the primary
living next of kin (as designated by the Secretary of Defense in
regulations prescribed for purposes of this section) of a deceased
medal of honor recipient described in subsection (a).''.
(b) Navy and Marine Corps Recipients.--Section 6257 of such title
is amended--
(1) by inserting ``(a) In General.--'' before ``The
President''; and
(2) by striking ``after October 23, 2002''; and
(3) by adding at the end the following new subsection:
``(b) Presentation to Primary Next of Kin.--The President may
provide for the presentation of a Medal of Honor Flag to the primary
living next of kin (as designated by the Secretary of Defense in
regulations prescribed for purposes of this section) of a deceased
medal of honor recipient described in subsection (a).''.
(c) Air Force Recipients.--Section 8755 of such title is amended--
(1) by inserting ``(a) In General.--'' before ``The
President''; and
(2) by striking ``after October 23, 2002''; and
(3) by adding at the end the following new subsection:
``(b) Presentation to Primary Next of Kin.--The President may
provide for the presentation of a Medal of Honor Flag to the primary
living next of kin (as designated by the Secretary of Defense in
regulations prescribed for purposes of this section) of a deceased
medal of honor recipient described in subsection (a).''.
(d) Coast Guard Recipients.--Section 505 of title 14, United States
Code, is amended--
(1) by inserting ``(a) In General.--'' before ``The
President''; and
(2) by striking ``after October 23, 2002''; and
(3) by adding at the end the following new subsection:
``(b) Presentation to Primary Next of Kin.--The President may
provide for the presentation of a Medal of Honor Flag to the primary
living next of kin (as designated by the Secretary of Homeland Security
in regulations prescribed for purposes of this section) of a deceased
medal of honor recipient described in subsection (a).''.
SEC. 585. MODIFICATION OF EFFECTIVE PERIOD OF AUTHORITY TO PRESENT
RECOGNITION ITEMS FOR RECRUITMENT AND RETENTION PURPOSES.
Subsection (d) of section 2261 of title 10, United States Code, is
amended to read as follows:
``(d) Effective Period.--The authority under this section shall be
in effect during the period of any war or national emergency declared
by the President or Congress.''.
SEC. 586. 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 as follows:
(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.--
(1) In general.--The Center shall carry out such programs
and activities to augment and support the programs and
activities of the military departments for the provision of
assistance through individual case management to severely
wounded or injured servicemembers and their families as the
Secretary of Defense, in consultation with the Secretaries of
the military departments and the heads of other appropriate
departments and agencies of the Federal Government (including
the Department of Labor and the Department of Veterans
Affairs), shall assign the Center.
(2) Database.--The activities of the Center under this
subsection shall include the establishment and maintenance of a
central database of information for purposes of tracking
severely wounded or injured servicemembers.
(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. 587. SENSE OF SENATE ON NOTICE TO CONGRESS OF RECOGNITION OF
MEMBERS OF THE ARMED FORCES FOR EXTRAORDINARY ACTS OF
BRAVERY, HEROISM, AND ACHIEVEMENT.
It is the sense of the Senate that the Secretary of Defense or the
Secretary of the military department concerned should, upon awarding a
medal to a member of the Armed Forces or otherwise commending or
recognizing a member of the Armed Forces for an act of extraordinary
heroism, bravery, achievement, or other distinction, notify the
Committee on Armed Services of the Senate and House of Representatives,
the Senators from the State in which such member resides, and the
Member of the House of Representatives from the district in which such
member resides of such extraordinary award, commendation, or
recognition.
SEC. 588. 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 to relating to the provision of
military records as described in that subsection that the
Secretary considers appropriate.
SEC. 589. PURPLE HEART AWARD ELIGIBILITY.
(a) Findings.--Congress makes the following findings:
(1) The Purple Heart is the oldest military decoration in
the world in present use.
(2) The Purple Heart was established on August 7, 1782,
during the Revolutionary War, when General George Washington
issued an order establishing the Honorary Badge of Distinction,
otherwise known as the Badge of Military Merit.
(3) The award of the Purple Heart ceased with the end of
the Revolutionary War, but was revived in 1932, the 200th
anniversary of George Washington's birth, out of respect for
his memory and military achievements by War Department General
Orders No. 3, dated February 22, 1932.
(4) The criteria for the award was originally announced in
War Department Circular dated February 22, 1932, and revised by
Presidential Executive Order 9277, dated December 3, 1942;
Executive Order 10409, dated February 12, 1952; Executive Order
11016, dated April 25, 1962; and Executive Order 12464, dated
February 23, 1984.
(5) The Purple Heart is awarded in the name of the
President of the United States as Commander in Chief to members
of the Armed Forces who qualify under criteria set forth by
Presidential Executive Order.
(b) Determination.--As part of the review and report required in
subsection (d), the President shall make a determination on expanding
eligibility to all deceased servicemembers held as a prisoner of war
after December 7, 1941, and who meet the criteria establishing
eligibility for the prisoner-of-war medal under section 1128 of title
10, but who do not meet the criteria establishing eligibility for the
Purple Heart.
(c) Requirements.--In making the determination described in
subsection (b), the President shall take into consideration--
(1) the brutal treatment endured by thousands of POWs
incarcerated by enemy forces;
(2) that many service members died due to starvation,
abuse, the deliberate withholding of medical treatment for
injury or disease, or other causes which do not currently meet
the criteria for award of the Purple Heart;
(3) the views of veteran organizations, including the
Military Order of the Purple Heart;
(4) the importance and gravity that has been assigned to
determining all available facts prior to a decision to award
the Purple Heart; and
(5) the views of the Secretary of Defense and the Joint
Chiefs of Staff.
(d) Report.--Not later than March 1, 2007, the President shall
provide 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 to military members who die in captivity under unknown
circumstances or as a result of conditions and treatment which
currently do not qualify the decedent for award of the Purple Heart;
and for military members who survive captivity as prisoners of war, but
die thereafter as a result of disease or disability incurred during
captivity.
SEC. 590. COMPREHENSIVE REVIEW ON PROCEDURES OF THE DEPARTMENT OF
DEFENSE ON MORTUARY AFFAIRS.
(a) Report.--As soon as practicable after the completion of the
comprehensive review of the procedures of the Department of Defense on
mortuary affairs, the Secretary of Defense shall submit to the
congressional defense committees a report on the review.
(b) Additional Elements.--In conducting the comprehensive review
described in subsection (a), the Secretary shall also address, in
addition to any other matters covered by the review, the following:
(1) The utilization of additional or increased
refrigeration (including icing) in combat theaters in order to
enhance preservation of remains.
(2) The relocation 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
operations.
(5) Any other matters that the Secretary considers
appropriate in order to speed the return of remains to the
United States in a non-decomposed state.
(c) Additional Element of Policy on Casualty Assistance 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, briefs survivors of military decedents on the cause
of, and any investigation into, the death of such military
decedents and on the disposition and transportation of the
remains of such decedents, which process shall--
``(A) provide for the provision of such briefings
by fully qualified Department personnel;
``(B) ensure briefings take place as soon as
possible after death and updates are provided in a
timely manner when new information becomes available;
``(C) ensure that--
``(i) such briefings and updates relate the
most complete and accurate information
available at the time of such briefings or
updates, as the case may be; and
``(ii) incomplete or unverified information
is identified as such during the course of such
briefings or updates; and
``(D) include procedures by which such survivors
shall, upon request, receive updates or supplemental
information on such briefings or updates from qualified
Department personnel.''.
SEC. 591. REPORT ON OMISSION OF SOCIAL SECURITY NUMBERS ON MILITARY
IDENTIFICATION CARDS.
(a) Report.--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 Number of the
individual identified by such military identification card.
(b) Military Identification Card Defined.--In this section, the
term ``military identification card'' has the meaning given the term
``military ID card'' in section 1060b(b)(1) of title 10, United States
Code.
SEC. 592. FUNERAL CEREMONIES FOR VETERANS.
(a) Support for Ceremonies by Details Consisting Solely of Members
of Veterans and Other Organizations.--
(1) Support of ceremonies.--Section 1491 of title 10,
United States Code, is amended--
(A) by redesignating subsections (e), (f), (g), and
(h) as subsections (f), (g), (h), and (i),
respectively; and
(B) by inserting after subsection (d) the following
new subsection (e):
``(e) Support for Funeral Honors Details Composed of Members of
Veterans Organizations.--(1) Subject to such regulations and procedures
as the Secretary of Defense may prescribe, the Secretary of the
military department of which a veteran was a member may support the
conduct of funeral honors for such veteran that are provided solely by
members of veterans organizations or other organizations referred to in
subsection (b)(2).
``(2) The provision of support under this subsection is subject to
the availability of appropriations for that purpose.
``(3) The support provided under this subsection may include the
following:
``(A) Reimbursement for costs incurred by organizations
referred to in paragraph (1) in providing funeral honors,
including costs of transportation, meals, and similar costs.
``(B) Payment to members of such organizations providing
such funeral honors of the daily stipend prescribed under
subsection (d)(2).''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (d)(2), by inserting ``and
subsection (e)'' after ``paragraph (1)(A)''; and
(B) in paragraph (1) of section (f), as
redesignated by subsection (a)(1) of this section, by
inserting ``(other than a requirement in subsection
(e)'' after ``pursuant to this section''.
(b) Use of Excess M-1 Rifles for Ceremonial and Other Purposes.--
Section 4683 of such title is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(3) Rifles loaned or donated under paragraph (1) may be used by
an eligible designee for funeral ceremonies of a member or former
member of the armed forces and for other ceremonial purposes.'';
(2) in subsection (c), by inserting after
``accountability'' the following: ``, provided that such
conditions do not unduly hamper eligible designees from
participating in funeral ceremonies of a member or former
member of the armed forces or other ceremonies'';
(3) in subsection (d)--
(A) in paragraph (2), by striking ``; or'' and
inserting ``or fire department;'';
(B) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(4) any other member in good standing of an organization
described in paragraphs (1), (2), or (3).''; and
(4) by adding at the end the following new subsection:
``(e) Eligible Designee Defined.--In this section, the term
`eligible designee' means a designee of an eligible organization who--
``(1) is a spouse, son, daughter, nephew, niece, or other
family relation of a member or former member of the armed
forces;
``(2) is at least 18 years of age; and
``(3) has successfully completed a formal firearm training
program or a hunting safety program.''.
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.
(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 services within
each pay grade are as follows:
MONTHLY BASIC PAY
COMMISSIONED OFFICERS\1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6
------------------------------------------------------------------------
O-10\2\......... $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
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
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-10\2\......... $0.00 $0.00 $0.00 $0.00 $0.00
O-9............. 0.00 0.00 0.00 0.00 0.00
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\.......... 4,833.30 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 $13,659.0 $13,725.9 $14,011.2 $14,508.60
0 0 0
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\......... $14,508.6 $15,234.0 $15,234.0 $15,995.7 $15,995.70
0 0 0 0
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\......... $16,795.5 $16,795.5
0 0
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 pay rates specified in this table, the actual
basic pay for commissioned officers in grades O-7 through O-10 may not
exceed the rate of pay for level II of the Executive Schedule and the
actual basic pay for all other officers, including warrant officers,
may not exceed 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
calculated to be $17,972.10, regardless of cumulative years of service
computed under section 205 of title 37, United States Code.
\3\This table does not apply to commissioned officers in the 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.
COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE AS AN
ENLISTED MEMBER OR WARRANT OFFICER
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
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
------------------------------------------------------------------------
WARRANT OFFICERS
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
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.............. 4,589.50 4,589.40
W-1.............. 4,170.00 4,170.00
------------------------------------------------------------------------
ENLISTED MEMBERS\1\
Years of service computed under section 205 of title 37, United States
Code
------------------------------------------------------------------------
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. 1,301.40 1,301.40 1,301.40 1,301.40
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.............. 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.............. 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.
\2\Subject to the preceding footnote, 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, basic pay for this grade 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 the grade E-1 who have served less than 4
months on active duty, basic pay is $1,203.90.
SEC. 602. INCREASE IN MAXIMUM RATE OF BASIC PAY FOR GENERAL AND FLAG
OFFICER GRADES.
(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. 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 this subsection (including the prohibition
as it relates to a member of the National Guard while not in Federal
service) shall apply to--
``(A) any work or study performed on or after September 7,
1962; and
``(B) any claim based on such work or study arising after
that date.''.
SEC. 604. ONE-YEAR EXTENSION OF PROHIBITION AGAINST REQUIRING CERTAIN
INJURED MEMBERS TO PAY FOR MEALS PROVIDED 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)(3) of title 37, United States Code (as amended by
subsection (a)). The report shall include--
(1) a description and assessment of the mechanisms used by
the military departments to implement the prohibition contained
in such section; and
(2) such recommendations as the Secretary considers
appropriate regarding making such prohibition permanent.
SEC. 605. ADDITIONAL HOUSING ALLOWANCE FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF A CONTINGENCY OPERATION.
(a) In General.--Section 403(g) of title 37, United States Code, is
amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) Under regulations prescribed by the Secretary of Defense
and the Secretary of Homeland Security with respect to the Coast Guard
when it is not operating as a service in the Department of the Navy,
the Secretary concerned may authorize payment of a housing allowance to
a member described in paragraph (1) at a monthly rate equal to the rate
of the basic allowance for housing under subsection (b) or the overseas
basic allowance for housing under subsection (c), whichever applies to
that location, for members of the regular components at that location
in the same grade without dependents.
``(B) A member may concurrently receive a basic allowance for
housing under paragraph (1) and a housing allowance under this
paragraph, but may not receive the portion of the allowance, if any,
authorized under section 404 of this title for lodging expenses if a
housing allowance is authorized to be paid under this paragraph.''; and
(3) in paragraph (3), as so redesignated, by striking
``Paragraph (1)'' and inserting ``Paragraphs (1) and (2)''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2006, and shall apply with respect to months
beginning on or after that date.
SEC. 606. EXTENSION OF TEMPORARY CONTINUATION OF HOUSING ALLOWANCE FOR
DEPENDENTS OF MEMBERS DYING ON ACTIVE DUTY TO SPOUSES WHO
ARE MEMBERS OF THE UNIFORMED SERVICES.
(a) In General.--Section 403(l) of title 37, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) A member of the uniformed services who is the spouse of a
deceased member described in paragraph (2) may be paid a basic
allowance for housing as provided for in that paragraph. An allowance
paid under this paragraph is in addition to any other pay and
allowances to which the member of the uniformed services is entitled
under any other provision of law.''; and
(3) in paragraph (4), as so redesignated, by striking
``(2)'' and inserting ``(2) or (3)''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2006, and shall apply with respect to deaths
occurring on or after that date.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES 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''.
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR
CERTAIN 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 Professionals 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''.
(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 Occupational
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. INCREASE IN SPECIAL PAY FOR SELECTED RESERVE HEALTH CARE
PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES.
Increase in Special Pay.--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 written agreements
entered into under section 302g of title 37, United States Code, on or
after that date.
SEC. 616. EXPANSION AND ENHANCEMENT OF ACCESSION BONUS AUTHORITIES FOR
CERTAIN OFFICERS IN HEALTH CARE SPECIALITIES.
(a) Increase in 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:
``Sec. 302k. Special pay: accession bonus for medical officers in
critically short wartime specialties
``(a) Accession Bonus Authorized.--(1) A person who is a graduate
of an accredited school of medicine or osteopathy in a specialty
described in subsection (c) 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.
``(2) The amount of an accession bonus under paragraph (1) may not
exceed $400,000.
``(b) 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 described in subsection (c).
``(c) Covered Specialties.--A specialty described in this
subsection is 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 service 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 described in
subsection (c).
``(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.--Chapter 5 of title 37, United States Code,
as amended by subsection (b), is further amended by inserting after
section 302k the following new section:
``Sec. 302l. Special pay: accession bonus for dental specialist
officers in critically short wartime specialties
``(a) Accession Bonus Authorized.--(1) A person who is a graduate
of an accredited dental school in a specialty described in subsection
(c) 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.
``(2) The amount of an accession bonus under paragraph (1) may not
exceed $400,000.
``(b) 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 described in subsection (c).
``(c) Covered Specialties.--A specialty described in this
subsection is 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 service 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 Dental Corps of the Army or the Navy or as an officer of the Air
Force designated as a dental officer in a specialty described in
subsection (c).
``(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 beginning of
chapter 5 of such title is amended by inserting after the item relating
to section 302j the following new item:
``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.
SEC. 617. INCREASE IN NUCLEAR CAREER ACCESSION BONUS FOR NUCLEAR-
QUALIFIED OFFICERS.
(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 with respect to
agreements under section 312b of title 37, United States Code, entered
into on or after that date.
SEC. 618. 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) Relaxation of Limitation on Selective Early Retirement.--
Section 638(a)(2) of title 10, United States Code, is amended by adding
at the end the following new sentence: ``However, during the period
beginning on October 1, 2006, and ending on December 31, 2012, such
number may be more than 30 percent of the number of officers considered
in each competitive category, but may not be more than 30 percent of
the number of officers considered in each grade.''.
(c) Enhanced Authority for Selective Early Retirement and Early
Discharges.--
(1) Renewal of authority.--Subsection (a) of section 638a
of title 10, United States Code, is amended by inserting ``and
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
retirement.--Subsection (c)(1) of such section is amended by
adding at the end the following new sentence: ``However, during
the period beginning on October 1, 2006, and ending on December
31, 2012, such number may be more than 30 percent of the number
of officers considered in each competitive category, but may
not be more than 30 percent of the number of officers
considered in each grade.''.
(3) Relaxation of limitation on selective early
discharge.--Subsection (d)(2) of such section is amended--
(A) in subparagraph (A), by inserting before the
semicolon 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''; 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''.
(d) Increase in Amount of Incentive Bonus for Transfer Between
Armed Forces.--Section 327(d)(1) of title 37, United States Code, is
amended by striking ``$2,500'' and inserting ``$10,000''.
SEC. 619. 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 beginning 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''.
SEC. 620. ACCESSION BONUS FOR MEMBERS OF THE ARMED FORCES APPOINTED AS
COMMISSIONED OFFICERS AFTER COMPLETING OFFICER CANDIDATE
SCHOOL.
(a) Accession Bonus Authorized.--
(1) In general.--Chapter 5 of title 37, United States Code,
is amended by adding at the end the following new section:
``Sec. 329. Special pay: accession bonus for officer candidates
``(a) Accession Bonus Authorized.--Under regulations prescribed by
the Secretary concerned, a person who, during the period beginning on
October 1, 2006, and ending on December 31, 2007, executes a written
agreement described in subsection (b) may, upon acceptance of the
agreement by the Secretary concerned, be paid an accession bonus in an
amount not to exceed $8,000 determined by the Secretary concerned.
``(b) Agreement.--A written agreement described in this subsection
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 such agreement.
``(c) Payment Method.--Upon acceptance of a written agreement 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.
``(d) 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 repayment provisions of
section 303a(e) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by adding at
the end the following new item:
``329. Special pay: accession bonus for officer candidates.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2006.
(b) Authority for Payment of Bonus Under Earlier Agreements.--
(1) In general.--The Secretary of the Army may pay a bonus
to a 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) Limitation on amount.--The amount of the bonus payable
to a person under this subsection may not exceed $8,000.
(3) Construction with 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
provision of law.
SEC. 621. ENHANCEMENT OF BONUS TO ENCOURAGE MEMBERS OF THE ARMY 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) In general.--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
subsection (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) 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).''.
(c) 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.''.
(d) Coordination With Receipt of Retired Pay.--Such section is
further amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (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 such member is entitled under title 10, 37, or
38, United States Code, or under any other provision of law.''.
(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 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. EXPANSION OF PAYMENT OF REPLACEMENT VALUE OF PERSONAL
PROPERTY DAMAGED DURING TRANSPORT AT GOVERNMENT EXPENSE.
(a) Coverage of Property of Civilian Employees of Department of
Defense.--Subsection (a) of section 2636a of title 10, United States
Code, is amended by inserting ``or civilian employees of the Department
of Defense'' after ``members of the armed forces''.
(b) Requirement for Payment.--Effective March 1, 2008, such
subsection is further amended by striking ``may include'' and inserting
``shall include''.
(c) Requirement for Deduction Upon Failure of Carrier To Settle.--
Subsection (b) of such section is amended by striking ``may be
deducted'' and inserting ``shall be deducted''.
(d) Certification on Families First Program.--The Secretary of
Defense shall submit to the congressional defense committees a report
containing the certifications of the Secretary on the following matters
with respect to the program of the Department of Defense known as
``Families First'':
(1) Whether there is an alternative to the system under the
program that would provide equal or greater capability at less
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.
(e) Comptroller General Reports on Families First Program.--
(1) Review.--The Comptroller General of the United States
shall conduct a review and assessment of the progress of the
Department of Defense in implementing the Families First
program.
(2) Elements.--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
Committees on Armed Services of the Senate and the House of
Representatives reports as follows:
(A) An interim report on the review and assessment
required by paragraph (1) not later than December 1,
2006.
(B) A final report on the review and assessment by
not later than June 1, 2007.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. MODIFICATION OF DEPARTMENT OF DEFENSE CONTRIBUTIONS TO
MILITARY RETIREMENT FUND AND GOVERNMENT CONTRIBUTIONS TO
MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND.
(a) Department of Defense Military Retirement Fund.--
(1) Determination of contributions.--Section 1465 of title
10, United States Code, is amended--
(A) in subsection (b)(1)--
(i) in subparagraph (A)(ii)--
(I) by striking ``(other than
active duty for training)'';
(II) by striking ``(other than
full-time National Guard duty for
training only)''; and
(III) by inserting before the
period at the end the following: ``,
except that amounts expected to be paid
to members who would be excluded from
counting for active-duty end strength
purposes by section 115(i) of this
title for duty covered by such section
shall be excluded''; and
(ii) in subparagraph (B)(ii)--
(I) by striking ``Ready Reserve''
and inserting ``Selected Reserve''; and
(II) by striking ``and other than
members on full-time National Guard
duty other than for training) who are''
and inserting ``) for duty''; and
(B) in subsection (c)(1)--
(i) in subparagraph (A)--
(I) by striking ``(other than
active duty for training)'';
(II) by striking ``(other than
full-time National Guard duty for
training only)''; and
(III) by inserting ``other than
members who would be excluded from
counting for active-duty end strength
purposes by section 115(i) of this
title for duty covered by such
section,'' after ``full-time National
Guard duty,''; and
(ii) in subparagraph (B)--
(I) by striking ``Ready Reserve''
and inserting ``Selected Reserve''; and
(II) by striking ``and other than
members on full-time National Guard
duty other than for training) who are''
and inserting ``) for duty''.
(2) Payments.--Section 1466(a) of such title is amended--
(A) in paragraph (1)(B)--
(i) by striking ``(other than active duty
for training)'';
(ii) by striking ``(other than full-time
National Guard duty for training only)''; and
(iii) by inserting before the period at the
end the following: ``, except that amounts
accrued for that month by members who would be
excluded from counting for active-duty end
strength purposes by section 115(i) of this
title for duty covered by such section shall be
excluded''; and
(B) in paragraph (2)(B)--
(i) by striking ``Ready Reserve'' and
inserting ``Selected Reserve''; and
(ii) by striking ``and other than members
on full-time National Guard duty other than for
training) who are'' and inserting ``) for
duty''.
(b) Department of Defense Medicare-Eligible Retiree Health Care
Fund.--
(1) Exclusion of cadets and midshipmen from treatment on
active duty.--Section 1111(b) of such title is amended 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 United
States Coast Guard Academy, or a midshipman at the United
States Naval Academy.''.
(2) Determination of contributions.--Section 1115 of such
title is amended--
(A) in subsection (b)--
(i) in paragraph (1)(B)--
(I) by striking ``(other than
active duty for training)'';
(II) by striking ``(other than
full-time National Guard duty for
training only)''; and
(III) by inserting before the
period at the end the following: ``,
other than members who would be
excluded from counting for active-duty
end strength purposes by section 115(i)
of this title for duty covered by such
section''; and
(ii) in paragraph (2)(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)''; and
(B) in subsection (c)(1)--
(i) in subparagraph (A)--
(I) by striking ``(other than
active duty for training)'';
(II) by striking ``(other than
full-time National Guard duty for
training only)''; and
(III) by inserting before the
semicolon the following: ``, other than
members who would be excluded from
counting for active-duty end strength
purposes by section 115(i) of this
title for duty covered by such
section''; and
(ii) in subparagraph (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 on October 1, 2007.
SEC. 642. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES
BY DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Repeal.--
(1) In general.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further
amended as follows:
(A) In section 1450--
(i) by striking subsection (e); and
(ii) by striking subsection (k).
(B) In section 1451(g)(1), by striking subparagraph
(C).
(C) In section 1452--
(i) in subsection (f)(2), by striking
``does not apply--'' and all that follows and
inserting ``does not apply in the case of a
deduction made through administrative error.'';
and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``,
1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person for any period before the effective date provided under
subsection (e) by reason of the amendments made by subsection (a).
(c) Return of SBP Premiums Previously Refunded to SBP Recipients.--
(1) Return of certain refunded amounts required.--Under
regulations prescribed by the Secretary of Defense, a surviving
spouse who is or has been in receipt of an annuity under the
Survivor Benefit Plan under subchapter II of chapter 73 of
title 10, United States Code, that is in effect before the
effective date provided under subsection (e) and that is
adjusted by reason of the amendments made by subsection (a) and
who has received a refund of retired pay under section 1450(e)
of title 10, United States Code (as in effect on the day before
the effective date provided under subsection (e)), shall be
required to repay such refund to the United States.
(2) Terms and conditions.--A surviving spouse repaying a
refund to the United States under this subsection shall not be
required to pay the United States any interest that would
otherwise accrue or have accrued on any balance of such refund
while such balance remains unpaid to the United States under
this subsection. The amount repayable to the United States
shall be repayable in a lump sum or over a period of years (not
to exceed 10 years) agreed to by the surviving spouse or
specified by the Secretary of Defense, in the absence of such
an agreement.
(3) Waiver of repayment.--The Secretary of Defense may
waive the repayment of a refund under this subsection if the
Secretary determines that--
(A) hardship or other circumstances make repayment
of such refund unwarranted;
(B) repayment of such refund would otherwise not be
in the best interests of the United States.
(d) Reconsideration of Optional Annuity.--Section 1448(d)(2)(B) of
title 10, United States Code, is amended by adding at the end the
following new sentences: ``The surviving spouse, however, may elect to
terminate an annuity under this subparagraph in accordance with
regulations prescribed by the Secretary concerned. Upon such an
election, payment of an annuity to dependent children under this
subparagraph shall terminate effective on the first day of the first
month that begins after the date on which the Secretary concerned
receives notice of the election, and, beginning on that day, an annuity
shall be paid to the surviving spouse under paragraph (1) instead.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the later of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted.
SEC. 643. EFFECTIVE DATE OF PAID-UP COVERAGE UNDER SURVIVOR BENEFIT
PLAN.
Section 1452(j) of title 10, United States Code, is amended by
striking ``October 1, 2008'' and inserting ``October 1, 2006''.
SEC. 644. EXPANSION OF CONDITIONS FOR DIRECT PAYMENT OF DIVISIBLE
RETIRED PAY.
(a) Repeal of Certain Condition.--Section 1408(d) of title 10,
United States Code, is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) through (7) as
paragraphs (2) through (6), respectively.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the first day of the first month that
begins more than 120 days after the date of the enactment of
this Act.
(2) Prohibition on retroactive payments.--No payment may be
made under section 1408(d) of title 10, United States Code, to
or for the benefit of any person covered by paragraph (2) of
such section (as in effect on the day before the effective date
specified in paragraph (1)) for any period before such
effective date.
SEC. 645. AUTHORITY FOR COST OF LIVING ADJUSTMENTS OF RETIRED PAY
TREATED AS DIVISIBLE PROPERTY.
(a) In General.--Section 1408 of title 10, United States Code, is
amended--
(1) by redesignating subsections (i), (j), and (k) as
subsections (j), (k), and (l), respectively; and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Cost of Living Adjustments of Divisible Property.--A court
order under subsection (a)(2)(C) may provide for the adjustment of the
amount, if expressed in dollars, payable from the disposable retired
pay of a member at the same time and in the same manner as retired pay
is adjusted to reflect changes in the Consumer Price Index under
section 1401a of this title.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to court orders that become effective after the end of the
90-day period beginning on the date of enactment of this Act.
SEC. 646. NOTICE AND COPY TO MEMBERS OF COURT ORDERS ON PAYMENT OF
RETIRED PAY.
(a) Waiver of Notice.--Subsection (g) of section 1408 of title 10,
United States Code, is amended--
(1) by inserting ``(1)'' before ``A person''; and
(2) by adding at the end the following new paragraph:
``(2) A member may waive receipt of notice on a court order
otherwise required by paragraph (1). The waiver shall take such form
and include such requirements as the Secretary concerned may
prescribe.''.
(b) Copy of Court Order Upon Request.--Such subsection is further
amended--
(1) in paragraph (1), as designated by subsection (a)(1) of
this section, by striking ``(together with a copy of such
order)''; and
(2) by adding at the end the following new paragraph:
``(3) Upon the request of a member, written notice of a court order
under paragraph (1) shall include a copy of the court order.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 90 days after the date of the enactment of
this Act, and shall apply with respect to court orders received on or
after such date.
SEC. 647. RETENTION OF ASSISTIVE TECHNOLOGY AND DEVICES BY CERTAIN
MEMBERS OF THE ARMED FORCES AFTER SEPARATION FROM
SERVICE.
(a) Retention Authorized.--Chapter 58 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 1154. Retention of assistive technology and devices provided
before separation
``(a) In General.--Under regulations prescribed by the Secretary of
Defense, a member of the armed forces who is provided an assistive
technology or assistive technology device while a member of the armed
forces for a severe or debilitating illness or injury incurred or
aggravated by such member on active duty may retain such assistive
technology or assistive technology device after separation from the
armed forces.
``(b) Definitions.--In this section, the terms `assistive
technology' and `assistive technology device' have the meaning given
such terms in section 3 of the Assistive Technology Act of 1998 (29
U.S.C. 3002).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 58 of such title is amended by adding at the end the following
new item:
``1154. Retention of assistive technology and devices provided before
separation.''.
SEC. 648. RENAMING OF DEATH GRATUITY PAYABLE FOR DEATHS OF MEMBERS OF
THE ARMED FORCES AS FALLEN HERO COMPENSATION.
(a) In General.--Subchapter II of chapter 75 of title 10, United
States Code, is amended as follows:
(1) In section 1475(a), by striking ``have a death gratuity
paid'' and inserting ``have fallen hero compensation paid''.
(2) In section 1476(a)--
(A) in paragraph (1), by striking ``a death
gratuity'' and inserting ``fallen hero compensation'';
and
(B) in paragraph (2), by striking ``A death
gratuity'' and inserting ``Fallen hero compensation''.
(3) In section 1477(a), by striking ``A death gratuity''
and inserting ``Fallen hero compensation''.
(4) In section 1478(a), by striking ``The death gratuity''
and inserting ``The amount of fallen hero compensation''.
(5) In section 1479(1), by striking ``the death gratuity''
and inserting ``fallen hero compensation''.
(6) In section 1489--
(A) in subsection (a), by striking ``a gratuity''
in the matter preceding paragraph (1) and inserting
``fallen hero compensation''; and
(B) in subsection (b)(2), by inserting ``or other
assistance'' after ``lesser death gratuity''.
(b) Clerical Amendments.--
(1) Heading amendments.--Such subchapter is further amended
by striking ``Death Gratuity:'' each place it appears in the
heading of sections 1475 through 1480 and 1489 and inserting
``Fallen Hero Compensation:''.
(2) Table of sections.--The table of sections at the
beginning of such subchapter is amended by striking ``Death
gratuity:'' in the items relating to sections 1474 through 1480
and 1489 and inserting ``Fallen hero compensation:''.
(c) General References.--Any reference to a death gratuity payable
under subchapter II of chapter 75 of title 10, United States Code, in
any law, regulation, document, paper, or other record of the United
States shall be deemed to be a reference to fallen hero compensation
payable under such subchapter, as amended by this section.
SEC. 649. EFFECTIVE DATE OF TERMINATION OF PHASE-IN OF CONCURRENT
RECEIPT FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES
RATED AS TOTAL BY VIRTUE OF UNEMPLOYABILITY.
(a) In General.--Section 1414(a)(1) of title 10, United States
Code, is amended by striking ``100 percent'' the first place it appears
and all that follows and inserting ``100 percent and in the case of a
qualified retiree receiving veterans' disability compensation at the
rate payable for a 100 percent disability by reason of a determination
of individual unemployability, payment of retired pay to such veteran
is subject to subsection (c) only during the period beginning on
January 1, 2004, and ending on December 31, 2004.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on December 31, 2004.
SEC. 650. DETERMINATION OF RETIRED PAY BASE OF GENERAL AND FLAG
OFFICERS BASED ON RATES OF BASIC PAY PROVIDED BY LAW.
(a) Determination of Retired Pay Base.--
(1) In general.--Chapter 71 of title 10, United States
Code, is amended by inserting after section 1407 the following
new section:
``Sec. 1407a. Retired pay base: members who were general or flag
officers
``Notwithstanding any other provision of law, if the determination
of the retired pay base or retainer pay base under section 1406 or 1407
of this title with respect to a person who was a commissioned officer
in pay grades O-7 through O-10 involves a rate or rates of basic pay
that were subject to a reduction under section 203(a)(2) of title 37,
such determination shall be made utilizing such rate or rates of basic
pay in effect as provided by law rather than such rate or rates as so
reduced under section 203(a)(2) of title 37.''.
(2) Clerical amendment.--The table of sections for chapter
71 of such title is amended by inserting after the item
relating to section 1407 the following new item:
``1407a. Retired pay base: members who were general or flag
officers.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2006, and shall apply with respect to the
computation of retired pay for members of the Armed Forces who retire
on or after that date.
SEC. 651. INAPPLICABILITY OF RETIRED PAY MULTIPLIER MAXIMUM PERCENTAGE
TO 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
percentage to be used under subsection (a) is the sum
of--
``(i) 75 percent; and
``(ii) the product (stated as a percentage)
of--
``(I) 2\1/2\; and
``(II) the member's years of
creditable service (as defined in
subsection (c)) in excess of 30 years
of creditable service in any service,
regardless of when served, under
conditions authorized for purposes of
this subparagraph during a period
designated by the Secretary of Defense
for purposes 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
computation is based; and
``(ii) 2\1/2\ percent of the years of service
credited to that person under section 12733 of this
title for service, regardless of when served, under
conditions authorized for purposes of this paragraph
during a period designated by the Secretary of Defense
for purposes of this paragraph.''.
SEC. 652. 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. 653. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY
MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL STATUS OR
ACTIVE DUTY FOR SIGNIFICANT PERIODS.
(a) Reduced Eligibility Age.--Section 12731 of title 10, United
States Code, is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) has attained the eligibility age applicable under
subsection (f) to that person;''; and
(2) by adding at the end the following new subsection:
``(f)(1) Subject to paragraph (2), the eligibility age for purposes
of subsection (a)(1) is 60 years of age.
``(2)(A) In the case of a person who as a member of the Ready
Reserve serves on active duty or performs active service described in
subparagraph (B) after September 11, 2001, the eligibility age for
purposes of subsection (a)(1) shall be reduced below 60 years of age by
three months for each aggregate of 90 days on which such person so
performs in any fiscal year after such date, subject to subparagraph
(C). A day of duty may be included in only one aggregate of 90 days for
purposes of this subparagraph.
``(B)(i) Service on active duty described in this subparagraph is
service on active duty pursuant to a call or order to active duty under
a provision of law referred to in section 101(a)(13)(B) of this title
or under section 12301(d) of this title. Such service does not include
service on active duty pursuant to a call or order to active duty under
section 12310 of this title.
``(ii) Active service described in this subparagraph is service
under a call to active service authorized by the President or the
Secretary of Defense under section 502(f) of title 32 for purposes of
responding to a national emergency declared by the President or
supported by Federal funds.
``(C) The eligibility age for purposes of subsection (a)(1) may not
be reduced below 50 years of age for any person under subparagraph
(A).''.
(b) Continuation of Age 60 as Minimum Age for Eligibility of Non-
Regular Service Retirees for Health Care.--Section 1074(b) of such
title is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to a member or former member
entitled to retired pay for non-regular service under chapter 1223 of
this title who is under 60 years of age.''.
(c) Administration of Related Provisions of Law or Policy.--With
respect to any provision of law, or of any policy, regulation, or
directive of the executive branch that refers to a member or former
member of the uniformed services as being eligible for, or entitled to,
retired pay under chapter 1223 of title 10, United States Code, but for
the fact that the member or former member is under 60 years of age,
such provision shall be carried out with respect to that member or
former member by substituting for the reference to being 60 years of
age a reference to having attained the eligibility age applicable under
subsection (f) of section 12731 of title 10, United States Code (as
added by subsection (a)), to such member or former member for
qualification for such retired pay under subsection (a) of such
section.
(d) Effective Date and Applicability.--The amendment made by
subsection (a) shall take effect as of September 11, 2001, and shall
apply with respect to applications for retired pay that are submitted
under section 12731(a) of title 10, United States Code, on or after the
date of the enactment of this Act.
Subtitle E--Other Matters
SEC. 661. AUDIT OF PAY ACCOUNTS OF MEMBERS OF THE ARMY EVACUATED FROM A
COMBAT ZONE FOR INPATIENT CARE.
(a) Audit Required.--
(1) In general.--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
beginning on May 1, 2005, and ending on April 30, 2006.
(2) Report.--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 paragraph (1).
(3) Report elements.--The report under paragraph (2) shall
include the following:
(A) A list of each member of the Army described in
paragraph (1) identified (in a manner that protects the
privacy of members so listed) by--
(i) date of wound or injury on which
inclusion of such member on the list is based;
and
(ii) grade and unit designation as of such
date.
(B) For each member so listed, a statement of any
underpayment of each of any pay, allowance, or other
monetary benefit to which such member was entitled
during the period beginning on the date of such wound
or injury and ending on April 30, 2006, including basic
pay, hazardous duty pay, imminent danger pay, basic
allowance for housing, 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.
(C) For each member so listed, a statement of any
disbursements made to correct underpayments made to
such member as identified under subparagraph (B).
(D) For each member so listed, a statement of any
debts to the United States collected or pending
collection from such member.
(E) For each member so listed, a statement of any
reimbursements or debt relief granted to such member
for a debt identified under subparagraph (D).
(F) For each member so listed who 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 application, including, if granted, the
date of disbursement for relief granted, and,
if denied, the reasons for the denial.
(G) For each member so listed, a report of any
referral of such member to a collection or credit
agency.
(4) Form.--The report under paragraph (2) shall be in
unclassified form, but may include a classified annex.
(b) Assistance With Pay or Account Difficulties.--
(1) Call assistance center.--Not later than 60 days after
the date of the enactment of this Act, the Secretary of Defense
shall establish within the Department of Defense an assistance
center, accessible by toll-free telephone call, through which a
covered member of the Armed Forces, or the primary next of kin
of such a member in the case of such a member who dies, may
secure assistance in resolving difficulties relating to the
military pay or accounts of such member.
(2) Requests for assistance.--A request for assistance
under paragraph (1) may be made--
(A) by a covered member of the Armed Forces; or
(B) by the primary next of kin on behalf of, or
with respect to, a covered member of the Armed Forces.
(3) Response to requests for assistance.--The Secretary
shall ensure that, in providing assistance under paragraph (1)
to a covered member of the Armed Forces or next of kin of such
a member, personnel of the assistance center established under
that paragraph--
(A) provide an initial response to the request for
assistance under paragraph (2) not later than 10 days
after receipt of such request; and
(B) provide a final response to the request for
assistance under that paragraph not later than 30 days
after receipt of such request.
(4) Covered member of the armed forces defined.--In this
subsection, the term ``covered member of the Armed Forces''
means a member of the Armed Forces wounded or injured in a
combat zone who is evacuated from a theater of operations for
inpatient care.
SEC. 662. PILOT PROGRAM ON TROOPS TO NURSE TEACHERS.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Defense shall, in
coordination with the Secretary of Health and Human Services
and the Secretary of Education, conduct a pilot program to
assess the feasibility and potential benefits of a program to--
(A) assist nurse corps officers described in
subsection (c) in achieving necessary qualifications to
become nurse educators and in securing employment as
nurse educators at accredited schools of nursing;
(B) provide scholarships to nurse corps officers
described in subsection (c) in return for continuing
service in the Selected Reserve or other forms of
public service; and
(C) help alleviate the national shortage of nurse
educators and registered nurses.
(2) Duration.--Except as provided in subsection (h), the
pilot program shall be conducted during the period beginning on
January 1, 2007, and ending on December 31, 2012. A nurse corps
officer may not enter into an agreement to participate in the
pilot program after December 31, 2012.
(3) Regulations.--The pilot program shall be conducted
under regulations prescribed by the Secretary of Defense in
consultation with the Secretary of Health and Human Services
and the Secretary of Education.
(b) Designation.--The pilot program required by subsection (a)
shall be known as the ``Troops to Nurse Teachers Pilot Program'' (in
this section referred to as the ``Program'').
(c) Nurse Corps Officers.--A nurse corps officer described in this
subsection is any commissioned officer of the Armed Forces qualified
and designated as an officer in a Nurse Corps of the Armed Forces who
is--
(1) serving in a reserve component of the Armed Forces;
(2) honorably discharged from the Armed Forces; or
(3) a retired member of the Armed Forces.
(d) Selection of Participants in Program.--
(1) Application.--An eligible nurse corps officer seeking
to participate in the Program shall submit to the Secretary of
Defense an application therefor. The application shall be in
such form, and contain such information, as the Secretary may
require.
(2) Selection.--The Secretary shall select participants in
the Program from among qualified nurse corps officers
submitting applications therefor under paragraph (1).
(e) Participant Agreement.--
(1) In general.--A nurse corps officer selected under
subsection (d) to participate in the Program shall enter into
an agreement with the Secretary of Defense relating to
participation in the Program.
(2) Elements.--The agreement of a nurse corps officer under
the program shall, at the election of the Secretary for
purposes of the Program and as appropriate with respect to that
status of such nurse corps officer--
(A) require such nurse corps officer, within such
time as the Secretary may require, to accept an offer
of full-time employment as a nurse educator from an
accredited school of nursing for a period of not less
than one year; or
(B) require such nurse corps officer--
(i) within such time as the Secretary may
require, to successfully complete a program
leading to a master's degree or doctoral degree
in a nursing field from an accredited school of
nursing or to a doctoral degree in a related
field from an accredited institution of higher
education;
(ii) to serve in the Selected Reserve or
some other form of public service under terms
and conditions established by the Secretary;
and
(iii) upon completion of such program and
service, to accept an offer of full-time
employment as a nurse educator from an
accredited school of nursing for a period of
not less than 3 years.
(f) Assistance.--
(1) Transition assistance.--The Secretary of Defense may
provide a participant in the Program who enters into an
agreement described in subsection (e)(2)(A) assistance as
follows:
(A) Career placement assistance in securing full-
time employment as a nurse educator at an accredited
school of nursing.
(B) A stipend in an amount not to exceed $5,000 for
transition to employment referred to in paragraph (1),
and for educational training for such employment, for a
period not to exceed two years after entry by such
participant into an agreement under subsection (e).
(2) Scholarship assistance.--The Secretary of Defense may
provide a participant in the Program who enters into an
agreement described in subsection (e)(2)(B) scholarship
assistance to pursue a degree described in subsection
(e)(2)(B)(i) in an amount not to exceed $30,000 annually for a
period of not more than four years.
(g) Treatment of Assistance.--A stipend or scholarship provided
under subsection (f) shall not be taken into account in determining the
eligibility of a participant in the Program for Federal student
financial assistance provided under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.).
(h) Administration After Initial Period.--
(1) In general.--The termination of the Program on December
31, 2012, under subsection (a)(2) shall not terminate the
entitlement to assistance under the Program of any nurse corps
officer entering into an agreement to participate in the
Program under subsection (e) that continues in force after that
date.
(2) Administration.--The Secretary of Education shall
undertake any administration of the Program that is required
after December 31, 2012, including responsibility for any
funding necessary to provide assistance under the Program after
that date.
(i) Report.--
(1) In general.--Not later than three years after the
commencement of the Program, the Secretary of Defense shall, in
consultation with the Secretary of Health and Human Services
and the Secretary of Education, submit to Congress a report on
the Program.
(2) Elements.--The report shall--
(A) describe the activities undertaken under the
Program; and
(B) include an assessment of the effectiveness of
the Program in--
(i) facilitating the development of nurse
educators;
(ii) encouraging service in the Selected
Reserve and other forms of public service; and
(iii) helping alleviate the national
shortage of nurse educators and registered
nurses.
(j) Definitions.--In this section:
(1) Nurse educator.--The term ``nurse educator'' means a
registered nurse who--
(A) is a member of the nursing faculty at an
accredited school of nursing;
(B) holds a graduate degree in nursing from an
accredited school of nursing or a doctoral degree in a
related field from an accredited institution of higher
education;
(C) holds a valid, unrestricted license to practice
nursing from a State; and
(D) has successfully completed additional course
work in education and demonstrates competency in an
advanced practice area of nursing.
(2) School of nursing.--The term ``school of nursing''
means a school of nursing (as that term is defined in section
801 of the Public Health Service Act (42 U.S.C. 296)) that is
accredited (as that term is defined in section 801(6) of the
Public Health Service Act).
(k) Funding.--From amounts authorized to be appropriated for the
Department of Defense, $5,000,000 may be available for the Program.
SEC. 663. EXPANSION AND ENHANCEMENT OF AUTHORITY TO REMIT OR CANCEL
INDEBTEDNESS OF MEMBERS OF THE ARMED FORCES.
(a) Members 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 ``a member of the Army'' and all that follows
through ``in an active status'' and inserting ``a member of the
Army (including a member on active duty or a member of a
reserve component in an active status), a retired member of the
Army, or a former member of the Army''.
(2) Time for exercise of authority.--Subsection (b) of such
section is amended--
(A) in paragraph (1), by adding ``or'' at the end;
and
(B) by striking paragraphs (2) and (3) and
inserting the following new paragraph (2):
``(2) in the case of any other member of the Army covered
by subsection (a), during such period or periods as the
Secretary of Defense may provide in regulations prescribed by
the Secretary of Defense.''.
(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) Members of the Navy.--
(1) Coverage of all members and former members.--Section
6161 of title 10, United States Code, is amended by striking
``a member of the Navy'' and all that follows through ``in an
active status'' and inserting ``a member of the Navy (including
a member on active duty or a member of a reserve component in
an active status), a retired member of the Navy , or a former
member of the Navy''.
(2) Time for exercise of authority.--Subsection (b) of such
section is amended--
(A) in paragraph (1), by adding ``or'' at the end;
and
(B) by striking paragraphs (2) and (3) and
inserting the following new paragraph (2):
``(2) in the case of any other member of the Navy covered
by subsection (a), during such period or periods as the
Secretary of Defense may provide in regulations prescribed by
the Secretary of Defense.''.
(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) Members of the Air Force.--
(1) Coverage of all members and former members.--Subsection
(a) of section 4837 of title 10, United States Code, is amended
by striking ``a member of the Air Force'' and all that follows
through ``in an active status'' and inserting ``a member of the
Air Force (including a member on active duty or a member of a
reserve component in an active status), a retired member of the
Air Force, or a former member of the Air Force''.
(2) Time for exercise of authority.--Subsection (b) of such
section is amended--
(A) in paragraph (1), by adding ``or'' at the end;
and
(B) by striking paragraphs (2) and (3) and
inserting the following new paragraph (2):
``(2) in the case of any other member of the Air Force
covered by subsection (a), during such period or periods as the
Secretary of Defense may provide in regulations prescribed by
the Secretary of Defense.''.
(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.
SEC. 664. EXCEPTION FOR NOTICE TO CONSUMER REPORTING AGENCIES 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''; 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 is
pending under section 2774 of this title, or a decision regarding
remission or cancellation is pending under section 4837, 6161, or 9837
of this title, unless the Secretary concerned (as defined in section
101(5) of title 37), or the designee of such Secretary, 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 section
2780(b) of title 10, United States Code (as added by subsection
(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
exercise of the authority in section 2780(b) of title 10, United States
Code, including--
(1) the total number of members of the Armed Forces who
have been reported to consumer reporting agencies under such
section;
(2) the circumstances under which such authority has been
exercised, or waived (as provided in paragraph (2) of such
section (as amended by subsection (a))), and by whom;
(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 reporting military debtors to collection agencies,
has been effective in reducing indebtedness to the United
States; and
(5) such recommendations as the Secretary considers
appropriate regarding the continuing use of such authority with
respect to members of the Armed Forces.
SEC. 665. ENHANCEMENT OF AUTHORITY TO WAIVE CLAIMS FOR OVERPAYMENT OF
PAY AND ALLOWANCES.
(a) Clarification of Pay and Allowances.--Subsection (a) of section
2774 of title 10, United States Code, is amended in the matter
preceding paragraph (1) by inserting ``(including any bonus or special
or incentive pay)'' after ``pay or allowances''.
(b) Waiver by Secretaries Concerned.--Paragraph (2) of such
subsection is amended--
(1) in the matter preceding subparagraph (A), by inserting
``or the designee of such Secretary'' after ``title 37,''; and
(2) in subparagraph (A), by striking ``$1,500'' and
inserting ``$10,000''.
(c) Time for Waiver.--Subsection (b)(2) of such section is amended
by striking ``three years'' and inserting ``five years''.
(d) Effective Date.--The amendments made by this section shall take
effect on March 1, 2007.
(e) Deadline for Revised Standards.--The Director of the Office of
Management and Budget and the Secretary of Defense shall prescribe any
modifications to the standards under section 2774 of title 10, United
States Code, that are required or authorized by reason of the
amendments made by this section not later than March 1, 2007.
SEC. 666. TERMS OF CONSUMER CREDIT EXTENDED TO SERVICEMEMBER OR
SERVICEMEMBER'S DEPENDENT.
(a) Terms of Consumer Credit.--Title II of the Servicemembers Civil
Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end
the following new section:
``SEC. 208. TERMS OF CONSUMER CREDIT.
``(a) Interest.--A creditor who extends consumer credit to a
servicemember or a servicemember's dependent shall not require the
servicemember or the servicemember's 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 subsection
(a) shall not impose an annual percentage rate greater than 36 percent
with respect to the consumer credit extended to a servicemember or a
servicemember's dependent.
``(c) Mandatory Loan Disclosures.--
``(1) Information required.--With respect to any extension
of consumer credit to a servicemember or a servicemember's
dependent, a creditor shall provide to the servicemember or the
servicemember's dependent the following information in writing,
at or before the issuance of the credit:
``(A) A statement of the annual percentage rate
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 servicemember or the servicemember's
dependent, as applicable.
``(2) Terms.--Such disclosures shall be presented in
accordance 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) Limitation.--A creditor described in subsection (a) shall not
automatically renew, repay, refinance, or consolidate with the proceeds
of other credit extended by the same creditor any consumer credit
extended to a servicemember or a servicemember's dependent without--
``(1) executing new loan documentation signed by the
servicemember or the servicemember's dependent, as applicable;
and
``(2) providing the loan disclosures described in
subsection (c) to the servicemember or the servicemember's
dependent.
``(e) Preemption.--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 laws, rules, or
regulations are inconsistent with this section, except that this
section shall not preempt any such law, rule, or regulation that
provides additional protection to a servicemember or a servicemember's
dependent.
``(f) Penalties.--
``(1) Misdemeanor.--Any creditor who knowingly violates
this section shall be fined as provided in title 18, United
States Code, 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.
``(g) Definition.--For purposes of this section, the term
`interest' includes service charges, renewal charges, fees, or any
other charges (except bona fide insurance) with respect to the
extension of consumer credit.''.
(b) Clerical Amendment.--The table of contents of the
Servicemembers Civil Relief Act (50 U.S.C. App. 501) is amended by
inserting after the item relating to section 207 the following new
item:
``Sec. 208. Terms of consumer credit''.
SEC. 667. 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
assistance to families of members of the Armed Forces.
(b) Locations.--
(1) In general.--The Secretary shall carry out the program
for at least six regions of the country through sites
established by the Secretary for purposes of the program in
such regions.
(2) Location of certain sites.--At least three of the sites
established under paragraph (1) shall be located in an area
that it geographically isolated from military installations.
(c) Functions.--The Secretary shall provide assistance to families
of the members of the Armed Forces under the program by providing at
each site established for purposes of the program under subsection (b)
the following:
(1) Financial, material, and other assistance to families
of members of the Armed Forces.
(2) Mobile support services to families of members of the
Armed Forces.
(3) Sponsorship of volunteers and family support
professionals for the delivery of support services to families
of members of the Armed Forces.
(4) Coordination of family assistance programs and
activities provided by Military OneSource, Military Family Life
Consultants, counselors, the Department of Defense, other
departments and agencies of the Federal Government, 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).
(d) Resources.--
(1) In general.--The Secretary shall provide personnel and
other resources necessary for the implementation and operation
of the program at each site established under subsection (b).
(2) Acceptance of certain services.--In providing resources
under paragraph (1), the Secretary may accept and utilize the
services of non-Federal Government volunteers and non-profit
entities.
(e) Procedures.--The Secretary shall establish procedures for the
operation of each site established under subsection (b) and for the
provision of assistance to families of members of the Armed Forces at
such site.
(f) Implementation Plan.--
(1) Plan required.--Not later than 30 days after the first
obligation of amounts for the program, the Secretary 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
and establish sites for the program under subsection
(b).
(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 on family
assistance program and activities between and among the
Department of Defense, other departments and agencies
of the Federal Government, State and local agencies,
and non-profit entities.
(g) Report.--
(1) In general.--Not later than 270 days after the first
obligation of amounts for the program, the Secretary 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 each
site established for purposes of the program, the
procedures established under subsection (d) for
operations at each such site, and the assistance
provided through each such site for families 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) Assistance to Non-Profit Entities Providing Assistance to
Military Families.--The Secretary may provide financial, material, and
other assistance to non-profit entities in order to facilitate the
provision by such entities of assistance to geographically isolated
families of members of the Armed Forces.
(i) Sunset.--The program required by this section, and the
authority to provide assistance under subsection (h), shall cease upon
the date that is three years after the first obligation of amounts for
the program.
(j) Funding.--Of the amount authorized to be appropriated by
section 301(5) for operation and maintenance for Defense-wide
activities, $5,000,000 may be available for the program required by
this section and the provision of assistance under subsection (h).
SEC. 668. IMPROVEMENT OF MANAGEMENT OF ARMED FORCES RETIREMENT HOME.
(a) Redesignation of Chief Operating Officer as Chief Executive
Officer.--
(1) In general.--Section 1515 of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 415) is amended--
(A) by striking ``Chief Operating Officer'' each
place it appears and inserting ``Chief Executive
Officer''; and
(B) in subsection (e)(1), by striking ``Chief
Operating Officer's'' and inserting ``Chief Executive
Officer's''.
(2) Conforming amendments.--Such Act is further amended by
striking ``Chief Operating Officer'' each place it appears in a
provision as follows and inserting ``Chief Executive Officer'':
(A) Section 1511 (24 U.S.C. 411).
(B) Section 1512 (24 U.S.C. 412).
(C) Section 1513(a) (24 U.S.C. 413(a)).
(D) Section 1514(c)(1) (24 U.S.C. 414(c)(1)).
(E) Section 1516(b) (24 U.S.C. 416(b)).
(F) Section 1517 (24 U.S.C. 417).
(G) Section 1518(c) (24 U.S.C. 418(c)).
(H) Section 1519(c) (24 U.S.C. 419(c)).
(I) Section 1521(a) (24 U.S.C. 421(a)).
(J) Section 1522 (24 U.S.C. 422).
(K) Section 1523(b) (24 U.S.C. 423(b)).
(L) Section 1531 (24 U.S.C. 431).
(3) Clerical amendments.--(A) The heading of section 1515
of such Act is amended to read as follows:
``SEC. 1515. CHIEF EXECUTIVE OFFICER.''.
(B) The table of contents for such Act is amended by
striking the item relating to section 1515 and inserting the
following new item:
``Sec. 1515. Chief Executive Officer.''.
(4) References.--Any reference in any law, regulation,
document, record, or other paper of the United States to the
Chief Operating Officer of the Armed Forces Retirement Home
shall be considered to be a reference to the Chief Executive
Officer of the Armed Forces Retirement Home.
(b) Director and Deputy Director of Facilities.--
(1) Military director.--Subsection (b)(1) of section 1517
of such Act (24 U.S.C. 417) is amended by striking ``a civilian
with experience as a continuing care retirement community
professional or''.
(2) Civilian deputy director.--Subsection (d)(1)(A) of such
section is amended by striking ``or a member'' and all that
follows and inserting ``; and''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act, and
shall apply with respect to any vacancy that occur in the
position of Director or Deputy Director of a facility of the
Armed Forces Retirement Home that occurs on or after that date.
(c) Clarification of Membership on Local Board of Trustees.--
Section 1516(c)(1)(H) of such Act (24 U.S.C. 416(c)(1)(K)) is amended
by inserting before the period at the end the following: ``, who shall
be a member of the Armed Forces serving on active duty in the grade of
brigadier general, or in the case of the Navy, rear admiral (lower
half)''.
Subtitle F--Transition Assistance for Members of the National Guard and
Reserve Returning From Deployment in Operation Iraqi Freedom or
Operation Enduring Freedom
SEC. 681. SHORT TITLE.
This subtitle may be cited as the ``Heroes at Home Act of 2006''.
SEC. 682. SPECIAL WORKING GROUP ON TRANSITION TO CIVILIAN EMPLOYMENT OF
MEMBERS OF THE NATIONAL GUARD AND RESERVE RETURNING FROM
DEPLOYMENT IN OPERATION IRAQI FREEDOM AND 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 transitioning to civilian employment on their
return from such deployment.
(b) Members.--The working group established under subsection (a)
shall include a balance of individuals appointed by the Secretary of
Defense from among the following:
(1) Personnel of the Department of Defense.
(2) With the concurrence of the Secretary of Veterans
Affairs, personnel of the Department of Veterans Affairs.
(3) With the concurrence of the Secretary of Labor,
personnel of the Department of Labor.
(c) Responsibilities.--The working group established under
subsection (a) shall--
(1) identify and assess the needs of members of the
National Guard and Reserve described in subsection (a) in
transitioning to civilian employment on their return from
deployment as described in that subsection, including the needs
of--
(A) members who were self-employed before
deployment and seek to return to such employment after
deployment;
(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; and
(2) develop recommendations on means of improving
assistance to members of the National Guard and Reserve
described in subsection (a) in meeting the needs identified in
paragraph (1) on their return from deployment as described in
subsection (a).
(d) Consultation.--In carrying out its responsibilities under
subsection (c), the working group established under subsection (a)
shall consult with the following:
(1) Appropriate personnel of the Small Business
Administration.
(2) Representatives of employers who employ members of the
National Guard and Reserve described in subsection (a) on their
return to civilian employment as described in that subsection.
(3) Representatives of employee assistance organizations.
(4) Representatives of associations of employers.
(5) Representatives of organizations that assist wounded or
injured members of the National Guard and Reserves in finding
or sustaining employment.
(6) Representatives of such other public or private
organizations 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 required by paragraph (1) shall
include the following:
(A) The results of the identification and
assessment required under subsection (c)(1).
(B) The recommendations developed under subsection
(c)(2), including recommendations on the following:
(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 described in
subsection (a) upon their return from
deployment as described in that subsection.
(ii) The provision of outreach and training
to employers, employment assistance
organizations, and associations of employers on
the needs of family members of such members.
(iii) The improvement of collaboration
between the pubic 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 under paragraph (1)
available to the public, including through the Internet website
of the Department of Defense.
(f) Termination.--
(1) In general.--The working group established under
subsection (a) shall terminate on the date that is two years
after the date of the enactment of this Act.
(2) Interim duties.--During the period beginning on the
date of the submittal of the report required by subsection (e)
and the termination of the working group under paragraph (1),
the working group shall serve as an advisory board to the
Office for Employers and Employment Assistance Organizations
under section 683.
(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. 683. OFFICE FOR EMPLOYERS AND EMPLOYMENT ASSISTANCE ORGANIZATIONS.
(a) Designation of Office.--
(1) In general.--The Secretary of Defense shall designate
an office within the Department of Defense to assist employers,
employment assistance organizations, and associations of
employers in facilitating the successful transition to civilian
employment of members of the National Guard and Reserve
returning from deployment in Operation Iraqi Freedom or
Operation Enduring Freedom.
(2) Name.--The office designated under this subsection
shall be known as the ``Office for Employers and Employment
Assistance Organizations'' (in this section referred to as the
``Office'').
(3) Head.--The Secretary shall designate an individual to
act as the head of the Office.
(4) Integration.--In designating the Office, the Secretary
shall ensure close communication between the Office and the
military departments, including the commands of the reserve
components of the Armed Forces.
(b) Functions.--The Office shall have the following functions:
(1) To provide education and technical assistance to
employers, employment assistance organizations, and
associations of employers to assist them in facilitating the
successful transition to civilian employment of members of the
National Guard and Reserve described in subsection (a) on their
return from deployment as described in that subsection.
(2) To provide education and technical assistance to
employers, employment assistance organizations, and
associations of employers to assist them in facilitating the
successful adjustment of family members of the National Guard
and Reserve to the deployment and return from deployment of
members of the National Guard and Reserve as described in that
subsection.
(c) Resources To Be Provided.--
(1) In general.--In carrying out the functions specified in
subsection (b), the Office shall provide employers, employment
assistance organizations, and associations of employers
resources, services, and assistance that include the following:
(A) Guidelines on best practices and effective
strategies.
(B) Education on the physical and mental health
conditions that can and may be experienced by members
of the National Guard and Reserve described in
subsection (a) on their return from deployment as
described in that subsection in transitioning to
civilian employment, including Post Traumatic Stress
Disorder (PTSD) and traumatic brain injury (TBI),
including education on--
(i) the detection of warning signs of such
conditions;
(ii) the medical, mental health, and
employment services available to such members,
including materials on services offered by the
Department of Defense, the Department of
Veterans Affairs (including through the vet
center program under section 1712A of title 38,
United States Code), the Department of Labor,
military support programs, and community mental
health clinics; and
(iii) the mechanisms for referring such
members for services described in clause (ii)
and for other medical and mental health
screening and care when appropriate.
(C) Education on the range and types of potential
physical and mental health effects of deployment and
post-deployment adjustment on family members of members
of the National Guard and Reserve described in
subsection (a), including education on--
(i) the detection of warning signs of such
effects on family members of members of the
National Guard and Reserves;
(ii) the medical, mental health, and
employment services available to such family
members, including materials on such services
as described in subparagraph (B)(ii); and
(iii) mechanisms for referring such family
members for services described in clause (ii)
and for medical and mental health screening and
care when appropriate.
(D) Education on mechanisms, strategies, and
resources for accommodating and employing wounded or
injured members of the National Guard and Reserves in
work settings.
(2) Provision of resources.--The Office shall make
resources, services, and assistance available under this
subsection through such mechanisms as the head of the Office
considers appropriate, including the Internet, video
conferencing, telephone services, workshops, trainings,
presentations, group forums, and other mechanisms.
(d) Personnel and Other Resources.--The Secretary of Defense shall
assign to the Office such personnel, funding, and other resources as
are required to ensure the effective discharge by the Office of the
functions under subsection (b).
(e) Reports on Activities.--
(1) Annual report by office.--Not later than one year after
the designation of the Office, and annually thereafter, the
head of the Office, in consultation with the working group
established pursuant to section 682 (while in effect), shall
submit to the Secretary of Defense a written report on the
progress and outcomes of the Office during the one-year period
ending on the date of such report.
(2) Transmittal to congress.--Not later than 60 days after
receipt of a report under paragraph (1), the Secretary shall
transmit such report to the Committees on Armed Services of the
Senate and the House of Representatives, together with--
(A) such comments on such report, and such
assessment of the effectiveness of the Office, as the
Secretary considers appropriate; and
(B) such recommendations on means of improving the
effectiveness of the Office as the Secretary considers
appropriate.
(3) Availability to public.--The Secretary shall take
appropriate actions to make each report under paragraph (2)
available to the public, including through the Internet website
of the Office.
(f) 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. 684. ADDITIONAL RESPONSIBILITIES OF DEPARTMENT OF DEFENSE TASK
FORCE ON MENTAL HEALTH RELATING TO MENTAL HEALTH OF
MEMBERS OF THE NATIONAL GUARD AND RESERVE DEPLOYED IN
OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM.
(a) Additional Responsibilities.--Section 723 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3348) is amended--
(1) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (h), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Assessment of Mental Health Needs of Members of National
Guard and Reserve Deployed in OIF or OEF.--
``(1) In general.--In addition to the activities required
under subsection (c), the task force shall, not later than 12
months after the date of the enactment of the Heroes at Home
Act of 2006, submit to the Secretary a report containing an
assessment and recommendations on the needs with respect to
mental health of members of the National Guard and Reserve who
are deployed in Operation Iraqi Freedom or Operation Enduring
Freedom upon their return from such deployment.
``(2) Elements.--The assessment and recommendations
required by paragraph (1) shall include the following:
``(A) An assessment of the specific needs with
respect to mental health of members of the National
Guard and Reserve who are deployed in Operation Iraqi
Freedom or Operation Enduring Freedom upon their return
from such deployment.
``(B) An identification of mental health conditions
and disorders (including Post Traumatic Stress Disorder
(PTSD), suicide attempts, and suicide) occurring among
members of the National Guard and Reserve who undergo
multiple deployments in Operation Iraqi Freedom or
Operation Enduring Freedom upon their return from such
deployment.
``(C) Recommendations on mechanisms for improving
the mental health services available to members of the
National Guard and Reserve who are deployed in
Operation Iraqi Freedom or Operation Enduring Freedom,
including such members who undergo multiple deployments
in such operations, upon their return from such
deployment.''.
(b) Report.--Subsection (f) of such section, as redesignated by
subsection (a)(1) of this section, is further amended--
(1) in the subsection heading, by striking ``Report'' and
inserting ``Reports'';
(2) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) In general.--The report submitted to the Secretary
under each of subsections (c) and (d) shall include--
``(A) a description of the activities of the task
force under such subsection;
``(B) the assessment and recommendations required
by such subsection; and
``(C) such other matters relating to the activities
of the task force under such subsection as the task
force considers appropriate.''; and
(3) in paragraph (2)--
(A) by striking ``the report under paragraph (1)''
and inserting ``a report under paragraph (1)''; and
(B) by striking ``the report as'' and inserting
``such report as''.
(c) Plan Matters.--Subsection (g) of such section, as redesignated
by subsection (a)(1) of this section, is further amended--
(1) by striking ``the report from the task force under
subsection (e)(1)'' and inserting ``a report from the task
force under subsection (f)(1)''; and
(2) by inserting ``contained in such report'' after ``the
task force'' the second place it appears.
(d) Termination.--Subsection (h) of such section, as redesignated
by subsection (a)(1) of this section, is further amended--
(1) by inserting ``with respect to the assessment and
recommendations required by subsection (d)'' after ``the task
force''; and
(2) by striking ``subsection (e)(2)'' and inserting
``subsection (f)(2)''.
SEC. 685. GRANTS ON ASSISTANCE IN COMMUNITY-BASED SETTINGS FOR MEMBERS
OF THE NATIONAL GUARD AND RESERVE AND THEIR FAMILIES
AFTER DEPLOYMENT IN OPERATION IRAQI FREEDOM AND OPERATION
ENDURING FREEDOM.
(a) In General.--The Secretary of Defense may award grants to
eligible entities to carry out demonstration projects to assess the
feasibility and advisability of utilizing community-based settings for
the provision of assistance to members of the National Guard and
Reserve who serve in Operation Iraqi Freedom or Operation Enduring
Freedom, and their families, after the return of such members from
deployment in Operation Iraqi Freedom or Operation Enduring Freedom, as
the case may be, including--
(1) services to improve the reuniting of such members of
the National Guard and Reserve and their families;
(2) education to increase awareness of the physical and
mental health conditions that members of the National Guard and
Reserve can and may experience on their return from such
deployment, including education on--
(A) Post Traumatic Stress Disorder (PTSD) and
traumatic brain injury (TBI); and
(B) mechanisms for the referral of such members of
the National Guard and Reserve for medical and mental
health screening and care when necessary; and
(3) education to increase awareness of the physical and
mental health conditions that family members of such members of
the National Guard and Reserve can and may experience on the
return of such members from such deployment, including
education on--
(A) depression, anxiety, and relationship problems;
and
(B) mechanisms for medical and mental health
screening and care when appropriate.
(b) Eligible Entities.--An entity eligible for the award of a grant
under this section is any public or private non-profit organization,
such as a community mental health clinic, family support organization,
military support organization, law enforcement agency, community
college, or public school.
(c) Application.--An eligible entity seeking a grant under this
section shall submit to the Secretary of Defense an application
therefor in such manner, and containing such information, as the
Secretary may require for purposes of this section, including a
description of how such entity will work with the Department of
Defense, the Department of Veterans Affairs, State health agencies,
other appropriate Federal, State, and local agencies, family support
organizations, and other community organization in undertaking
activities described in subsection (a).
(d) Annual Reports by Grant Recipients.--An entity awarded a grant
under this section shall submit to the Secretary of Defense on an
annual basis a report on the activities undertaken by such entity
during the preceding year utilizing amounts under the grant. Each
report shall include such information as the Secretary shall specify
for purposes of this subsection.
(e) Annual Reports to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense shall submit to Congress a report on
activities undertaken under the grants awarded under this
section. The report shall include recommendations for
legislative, programmatic, or administrative action to improve
or enhance activities under the grants awarded under this
section.
(2) Availability to public.--The Secretary shall take
appropriate actions to make each report under this subsection
available to the public.
SEC. 686. LONGITUDINAL STUDY ON TRAUMATIC BRAIN INJURY INCURRED BY
MEMBERS OF THE ARMED FORCES IN OPERATION IRAQI FREEDOM
AND OPERATION ENDURING FREEDOM.
(a) Study Required.--The Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, conduct a
longitudinal study on the effects of traumatic brain injury incurred by
members of the Armed Forces in Operation Iraqi Freedom or Operation
Enduring Freedom. The duration of the longitudinal study shall be 15
years.
(b) Elements.--The study required by subsection (a) shall 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
rehabilitation 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
programs and services and in-home programs and services.
(c) Reports.--
(1) Periodic and final reports.--After the third, seventh,
eleventh, and fifteenth years of the study required by
subsection (a), the Secretary of Defense shall, in consultation
with the Secretary of Veterans Affairs, submit to Congress a
comprehensive report on the results of the study during the
preceding years. Each report shall include the following:
(A) Current information on the cumulative outcomes
of the study.
(B) Such recommendations as the Secretary of
Defense and the Secretary of Veterans Affairs jointly
consider appropriate based on the outcomes of the
study, including recommendations 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.
(2) Availability to public.--The Secretary of Defense and
the Secretary of Veterans Affairs shall jointly take
appropriate actions to make each report under this subsection
available to the public.
(d) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Department of Defense to carry out
this section amounts as follows:
(A) For fiscal year 2007, $5,000,000.
(B) For each of fiscal years 2008 through 2021,
such sums as may be necessary.
(2) Offset.--The amount authorized to be appropriated by
section 102(a)(2) for weapons procurement for the Navy is
hereby reduced by $5,000,000, with the amount of the reduction
to be allocated to amounts for the Trident II conventional
modification program.
SEC. 687. TRAINING CURRICULA FOR FAMILY CAREGIVERS ON CARE AND
ASSISTANCE FOR MEMBERS AND FORMER MEMBERS OF THE ARMED
FORCES WITH TRAUMATIC BRAIN INJURY INCURRED IN OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM.
(a) Traumatic Brain Injury Family Caregiver Panel.--
(1) Establishment.--The Secretary of Defense shall, in
consultation with the Secretary of Veterans Affairs, establish
within the Department of Defense a 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
for traumatic brain injuries incurred during service in the
Armed Forces in Operation Iraqi Freedom or Operation Enduring
Freedom.
(2) Designation of panel.--The panel established under
paragraph (1) shall be known as the ``Traumatic Brain Injury
Family Caregiver Panel''.
(3) Members.--The Traumatic Brain Injury Family Caregiver
Panel established under paragraph (1) shall consist of 15
members appointed by the Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, equally represented
from among--
(A) physicians, nurses, rehabilitation therapists,
and other individuals with an expertise in caring for
and assisting individuals with traumatic brain injury,
including those who specialize in caring for and
assisting individuals with traumatic brain injury
incurred in war;
(B) representatives of family caregivers or family
caregiver associations;
(C) Department of Defense and Department of
Veterans Affairs health and medical personnel with
expertise in traumatic brain injury, and Department of
Defense personnel and readiness representatives 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; and
(F) any other individuals the Secretary considers
appropriate.
(b) Development of Curricula.--
(1) In general.--The Traumatic Brain Injury Family
Caregiver Panel shall develop training curricula to be utilized
during the provision of training to family members of members
and former members of the Armed Forces described in subsection
(a) on techniques, strategies, and skills for care and
assistance for such members and former members with the
traumatic brain injuries described in that subsection.
(2) Scope of curricula.--The curricula shall--
(A) be based on empirical research and validated
techniques; 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 curricula,
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
provided 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
curricula, the Traumatic Brain Injury Family Caregiver Panel
shall utilize and enhance any existing training curricula,
materials, 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) In general.--The Secretary of Defense shall, in
consultation with the Traumatic Brain Injury Family Caregiver
Panel, develop mechanisms for the dissemination of the
curricula developed under subsection (b) to health care
professionals referred to in paragraph (2) who treat or
otherwise work with members and former members of the Armed
Forces with traumatic brain injury incurred in Operation Iraqi
Freedom or Operation Enduring Freedom. In developing such
mechanisms, the Secretary may utilize and enhance existing
mechanisms, including the Military Severely Injured Center.
(2) Health care professionals.--The health care
professionals referred to in this paragraph are the following:
(A) Personnel at military medical treatment
facilities.
(B) Personnel at the polytrauma centers of the
Department of Veterans Affairs.
(C) Personnel and care managers at the Military
Severely Injured Center.
(D) Such other health care professionals of the
Department of Defense as the Secretary considers
appropriate.
(E) Such other health care professionals of the
Department of Veterans Affairs as the Secretary of
Defense, in consultation with the Secretary of Veterans
Affairs, considers appropriate.
(3) Provision of training to family caregivers.--
(A) In general.--Health care professionals referred
to in paragraph (2) who are trained in the curricula
developed under subsection (b) shall provide training
to family members of members and former members of the
Armed Forces who incur traumatic brain injuries during
service in the Operation Iraqi Freedom or Operation
Enduring Freedom in the care and assistance to be
provided for such injuries.
(B) Timing of training.--Training under this
paragraph shall, to the extent practicable, be provided
to family members while the member or former member
concerned is undergoing treatment at a facility of the
Department of Defense or Department of Veterans
Affairs, as applicable, in order to ensure that such
family members receive practice on the provision of
such care and assistance under the guidance of
qualified health professionals.
(C) Particularized training.--Training provided
under this paragraph to family members of a particular
member or former member shall be tailored to the
particular care needs of such member or former member
and the particular caregiving needs of such family
members.
(4) Quality assurance.--The Secretary shall develop
mechanisms to ensure quality in the provision of training under
this section to health care professionals referred to in
paragraph (2) and in the provision of such training under
paragraph (4) by such health care professionals.
(5) Report.--Not later than one year after the development
of the curricula required by subsection (b), and annually
thereafter, the Traumatic Brain Injury Family Caregiver
Training Panel shall submit to the Secretary of Defense and the
Secretary of Veterans Affairs, and to Congress, a report on the
following:
(A) The actions undertaken under this subsection.
(B) The results of the tracking of outcomes based
on training developed and provided under this section.
(C) Recommendations for the improvement of training
developed and provided under this section.
(d) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Department of Defense to carry out
this section amounts as follows:
(A) For fiscal year 2007, $1,000,000.
(B) For each of fiscal years 2008 through 2011,
such sums as may be necessary.
(2) Offset.--The amount authorized to be appropriated by
section 102(a)(2) for weapons procurement for the Navy is
hereby reduced by $1,000,000, with the amount of the reduction
to be allocated to amounts for the Trident II conventional
modification program.
TITLE VII--HEALTH CARE
Subtitle A--Benefits Matters
SEC. 701. IMPROVED PROCEDURES FOR CANCER SCREENING FOR WOMEN.
(a) Primary and Preventive Health Care Services Authority.--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 prescribe.''; and
(2) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following new paragraphs:
``(1) Cervical cancer screening.
``(2) Breast cancer screening.''.
(b) TRICARE Program.--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''.
SEC. 702. NATIONAL MAIL-ORDER PHARMACY PROGRAM.
(a) Availability of Refills of Maintenance-Type Medications Solely
Through Program.--
(1) In general.--Subsection (a)(2) of section 1074g of
title 10, United States Code, is amended--
(A) in subparagraph (E), by striking
``Pharmaceutical agents'' and inserting ``Except as
provided in subparagraph (F), pharmaceutical agents'';
and
(B) by adding at the end the following new
subparagraph:
``(F)(i) Effective April 1, 2007, refills of maintenance
medications shall, except as provided under clause (ii), be available
to eligible covered beneficiaries solely through the national mail-
order pharmacy program referred to in subparagraph (E)(iii).
``(ii) Under such regulations as the Secretary may prescribe under
this subparagraph, refills of a maintenance medication may be available
to covered eligible beneficiaries through means other than the national
mail-order pharmacy program if clinical requirements make it advisable
that such medication be available to such beneficiaries through such
other means.
``(iii) The Secretary shall specify the pharmaceutical agents
constituting maintenance medications for purposes of this
subparagraph.''.
(2) Conforming amendment.--Subsection (f)(1) of such
section is amended by striking ``subsection (a)(2)(E)'' and
inserting ``subparagraphs (E) and (F) of subsection (a)(2)''.
(b) Prohibition on Copayments for Certain Pharmaceuticals Available
Through Program.--Subsection (a)(6) of such section is amended by
adding at the end the following new subparagraph:
``(C) In establishing the cost-sharing requirements, the Secretary
may not impose any copayment or cost-sharing requirement with respect
to the following:
``(i) Refills of generic medications.
``(ii) Brand name medications determined by a physician to
be medically necessary.''.
SEC. 703. AVAILABILITY UNDER TRICARE OF ANESTHESIA FOR CHILDREN IN
CONNECTION WITH DENTAL PROCEDURES FOR WHICH DENTAL
ANESTHESIA IS INAPPROPRIATE.
Section 1079(a)(1) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``, except that,
pursuant to such regulations as the Secretary of Defense may prescribe,
hospitalization and professional services may be provided in connection
with the anesthesia of a child under the age of six years for a dental
procedure which, as determined by a qualified dental specialist, is
necessary''.
SEC. 704. TRICARE COVERAGE FOR FORENSIC EXAMINATIONS FOLLOWING SEXUAL
ASSAULTS AND 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. 705. PROHIBITION ON INCREASE IN FISCAL YEAR 2007 IN ENROLLMENT
FEES FOR COVERAGE UNDER TRICARE PRIME.
(a) Prohibition.--Fees charged for enrollment in TRICARE Prime may
not be increased during fiscal year 2007.
(b) TRICARE Prime Defined.--In this section, the term ``TRICARE
Prime'' means the managed care option of the TRICARE program.
SEC. 706. LIMITATION ON FISCAL YEAR 2007 INCREASE IN PREMIUMS FOR
COVERAGE UNDER TRICARE OF MEMBERS OF RESERVE COMPONENTS
WHO COMMIT TO CONTINUED SERVICE IN SELECTED RESERVE AFTER
RELEASE FROM ACTIVE DUTY.
Any premium charged under subsection (d) of section 1076d of title
10, United States Code, for coverage under TRICARE of members of
reserve components who commit to continued service in the Selected
Reserve after release from active duty, as authorized by subsection (a)
of such section, may not be increased during fiscal year 2007 by an
amount which exceeds 2.2 percent of such premium as of September 30,
2006.
SEC. 707. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS UNDER RETAIL
PHARMACY SYSTEM OF PHARMACY BENEFITS PROGRAM.
Subsection (a)(6) of section 1074g of title 10, United States Code,
as amended by section 702(b) of this Act, is further amended by adding
at the end the following new subparagraph:
``(D) During the period beginning on October 1, 2006, and ending on
September 31, 2007, the cost sharing requirements established under
this paragraph for pharmaceutical agents available through retail
pharmacies covered by paragraph (2)(E)(ii) may not exceed amounts as
follows:
``(i) In the case of generic agents, $3.
``(ii) In the case of formulary agents, $9.
``(iii) In the case of nonformulary agents, $22.''.
SEC. 708. EXPANSION OF ELIGIBILITY OF MEMBERS OF THE SELECTED RESERVE
FOR COVERAGE UNDER TRICARE.
(a) In General.--Subsection (a) of section 1076b of title 10,
United States Code, is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(4) is an employee of a business with 20 or fewer
employees.''.
(b) Premiums.--Subsection (e)(2) of such section is amended by
adding at the end the following new subparagraph:
``(C) For members eligible under paragraph (4) of
subsection (a), the amount equal to 75 percent of the total
amount determined by the Secretary on an appropriate actuarial
basis as being reasonable for the coverage.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2006.
Subtitle B--Planning, Programming, and Management
SEC. 721. TREATMENT OF TRICARE RETAIL PHARMACY NETWORK UNDER FEDERAL
PROCUREMENT OF PHARMACEUTICALS.
Section 1074g of title 10, United States Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) TRICARE Retail Pharmacy Network.--The TRICARE Retail Pharmacy
Network under the TRICARE program shall be treated as an element of the
Department of Defense for purposes of the procurement of drugs by
Federal agencies under section 8126 of title 38 in connection with the
provision by pharmacies in the Network of pharmaceutical services to
eligible covered beneficiaries under this section.''.
SEC. 722. 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:
``Sec. 1097c. TRICARE program: relationship with employer-sponsored
group health plans
``(a) In General.--(1) The TRICARE program is the secondary payer
for any health care services provided by an employer to a TRICARE
eligible employee of such employer, and the spouse of such employee,
through any group health plan offered by such employer.
``(2) An employer shall provide that a TRICARE eligible employee of
such employer, and the spouse of such employee, is entitled to benefits
and services under the group health plan offered by such employer in
the same manner and to the same extent as similarly situated employees
of such employer who are not TRICARE eligible employees.
``(3) An employer of a TRICARE eligible employee may not establish
any condition applicable to the participation of the employee in a
group health plan offered by such employer in connection with the
entitlement of the employee for health care services under the TRICARE
program, including any condition on--
``(A) the eligibility of the employee for participation in
the plan; or
``(B) benefits or services available to the employee under
the plan.
``(b) Prohibition on Incentives for TRICARE Eligible Employees Not
To Enroll or To Disenroll in Group Health Plans.--(1) An employer may
not offer a TRICARE eligible employee any financial or other benefit
(including health services coverage that is supplemental to health
services coverage under the TRICARE program) not to enroll, or to
disenroll, in the group health plan offered by the employer in order to
ensure that the TRICARE program, rather than the plan, is the primary
payer for health care services received by the employee.
``(2)(A) An employer who violates the prohibition in paragraph (1)
shall be liable to the United States for a civil penalty in an amount
not to exceed $5,000 for each violation.
``(B) Any amounts collected under this paragraph shall be credited
to the appropriation available for the TRICARE program for the fiscal
year in which such amounts are collected.
``(3)(A) Except as provided in subparagraph (B), the provisions of
section 1128A of the Social Security Act (42 U.S.C. 1320a-7a), other
than subsections (a) and (b) of such section 1128A, which provisions
relate to procedures for the imposition of civil money penalties for
certain violations of the Social Security Act, shall apply to the
imposition of penalties under paragraph (2).
``(B) The Secretary of Defense may provide in the regulations
prescribed under this section for the application to the imposition of
penalties under paragraph (2) of procedural requirements specified in
such regulations rather than the procedural requirements referred to in
subparagraph (A). Any procedural requirements under such regulations
shall be comparable to the procedural requirements referred to in
subparagraph (A).
``(c) Election of TRICARE Eligible Employees To Participate 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.
``(d) Inapplicability to Certain Employers.--The provisions of this
section do not apply to any employer who has fewer than 20 employees.
``(e) Retention of Eligibility for Coverage Under TRICARE.--Nothing
in this section, including an election made by a TRICARE eligible
employee under subsection (c), shall be construed to effect, modify, or
terminate the eligibility of a 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.
``(f) Collection of Information.--(1) To improve the administration
of this section, the Secretary of Defense may utilize the authorities
on collection of information set forth in paragraphs (1) and (2) of
section 1095(k) of this title, including the authority in the second
sentence of paragraph (2) of such section.
``(2) Information obtained pursuant to the use of the authorities
in paragraph (1) may not be disclosed for any purpose of than to carry
out the purpose of this section.
``(g) 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.
``(h) Regulations.--The Secretary of Defense shall prescribe
regulations relating to the administration and enforcement of this
section. The regulations shall be prescribed in consultation with the
other administering Secretaries and the Attorney General, as
appropriate.
``(i) 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 `primary payer' means a group health plan
that provides a benefit that would be primary under section
1079(j)(1) or 1086(g) of this title.
``(4) The term `secondary payer' means a plan or program
whose medical benefits are payable only after a primary payer
has provided medical benefits in accordance with applicable law
and the plan of the primary payer.
``(5) The term `TRICARE eligible employee' means a covered
beneficiary under section 1086 of this title entitled to health
care benefits under the TRICARE program.
``(j) Effective Date.--This section shall take effect on January 1,
2008.''.
(b) Clerical Amendment.--The table of sections at the beginning 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. 723. ENROLLMENT IN THE TRICARE PROGRAM.
(a) System of Enrollment Required.--Chapter 55 of title 10, United
States Code, is amended by inserting after section 1097c, as added by
section 722(a) of this Act, the following new section:
``Sec. 1097d. TRICARE program: system of enrollment
``(a) Establishment of System.--Not later than October 1, 2007, the
Secretary of Defense shall establish a universal system for enrollment
of all beneficiaries who obtain health care services from military
medical treatment facilities or civilian health care providers under
the TRICARE program (in this section referred to as `participating
beneficiaries').
``(b) Purposes of System.--The purposes of the system required by
subsection (a) shall be as follows:
``(1) To ensure the efficient administration of benefits
under the TRICARE program, including the Standard option of
TRICARE.
``(2) To ensure that the geographic distribution of
healthcare providers under the TRICARE program meets the needs
of participating beneficiaries for ready access to health care
services under the program.
``(3) To promote the implementation of disease management
and chronic care management programs authorized by the National
Defense Authorization Act for Fiscal Year 2007 and other
provisions of law.
``(c) Elements.--The system required by subsection (a) shall be
subject to the following:
``(1) Enrollment is required for all benefits options under
the TRICARE program.
``(2) A one-time enrollment fee (in the amount of $25, in
the case of an individual enrolling in self only coverage, or
$40, in the case of an individual enrolling in self and family
coverage) may be collected for all participating beneficiaries
who utilize the Standard option of TRICARE, except that such
enrollment fee may not be collected from the following:
``(A) Dependents of members of the armed forces on
active duty.
``(B) Dependents of Reserves on extended active
duty pursuant to a call or order to active duty of 30
days or more.
``(C) Participating beneficiaries who are also
eligible for benefits under the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.).
``(D) Participating beneficiaries enrolled in
TRICARE Reserve Select under section 1076d of this
title.
``(3) Enrollment in the system may occur at any time.
``(4) Enrollment in the system shall be by a variety of
means utilizing a standard format.
``(d) Administration.--The Secretary shall provide for the
administration of the system in each region of the TRICARE program by
the TRICARE Regional Director for such region.
``(e) Health Risk Assessment.--(1) The Secretary of Defense shall
provide to each participating beneficiary who enrolls in the system
required by subsection (a) a health risk assessment not later than 120
days after the date of the enrollment of such participating beneficiary
in the system.
``(2) The Secretary shall provide health risk assessments under
paragraph (1) by any means that the Secretary considers appropriate for
purposes of this section.
``(f) Consequences of Lack of Payment of Enrollment Fee.--(1) In
the case of any participating beneficiary who is subject to the payment
of an enrollment fee under the authority in subsection (c)(2), payment
of the enrollment fee shall, except as provided in paragraph (2), be a
condition for receipt of benefits under the TRICARE program.
``(2) The Secretary of Defense may waive the applicability of
paragraph (1) to any participating beneficiary or class of
participating beneficiaries if the Secretary determines that the waiver
is in the best interests of the United States.
``(g) Communications and Outreach With Enrollees.--(1) The
Secretary of Defense shall, on a periodic basis but not less often than
annually, provide to participating beneficiaries who are enrolled in
the system required by subsection (a) information on current matters
relating to the TRICARE program, including information on benefits
available under the TRICARE program and information on preventive
health care services and other practices intended to promote health and
wellness among such participating beneficiaries.
``(2) The Secretary shall, on a periodic basis, conduct surveys or
otherwise collect information on participating beneficiaries enrolled
in the system with respect to the following:
``(A) The satisfaction of such beneficiaries who are
participants in the option of the TRICARE program known as
TRICARE Standard with the nature and scope of, and access to,
health care services under that option.
``(B) Other health care insurance, if any, that is
available to such beneficiaries.
``(C) Any other matters that the Secretary considers
appropriate to improve health care benefits and access to
health care services under the TRICARE program.
``(h) Consultation.--The Secretary of Defense shall carry out this
section in consultation with the other administering Secretaries.''.
(b) Comptroller General Report on System.--Not later than September
15, 2007, the Comptroller General of the United States shall submit to
the congressional defense committees a report on the system of
enrollment required by section 1097d of title 10, United States Code
(as added by subsection (a)). The report shall include the following:
(1) An assessment of the progress made toward
implementation of the system.
(2) A description and assessment of the integration of the
system with the regional business plan of the TRICARE Regional
Offices.
(3) An assessment of the readiness of the Department to
implement the system by October 1, 2007.
(c) Repeal of Superseded Authority.--Section 1099 of title 10,
United States Code, is repealed.
(d) Clerical Amendments.--The table of sections at the beginning of
chapter 55 of such title is amended--
(1) by inserting after the item relating to section 1097c,
as added by section 722(b) of this Act, the following new item:
``1097d. TRICARE program: system of enrollment.'';
and
(2) by striking the item relating to section 1099.
SEC. 724. INCENTIVE PAYMENTS FOR THE PROVISION OF SERVICES UNDER THE
TRICARE PROGRAM IN MEDICALLY UNDERSERVED AREAS.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1097d, as added by section 723(a) of
this Act, the following new section:
``Sec. 1097e. TRICARE program: incentive payments for provision of
services in medically underserved areas
``(a) Incentive Payments Authorized.--(1) Commencing with the
calendar quarter beginning on January 1, 2008, the Secretary of
Defense, after consultation with the other administering Secretaries,
shall make incentive payments under this section to physicians
participating in the TRICARE program in a medically underserved area.
``(2) Incentive payments payable under this section shall be paid
with respect to physician professional services furnished in medically
underserved areas.
``(3) The incentive payment payable under this section with respect
to a physician professional service is in addition to any other amounts
payable for such service under the TRICARE program.
``(b) Medically Underserved Area.--For purposes of this section, a
medically underserved area is either of the following:
``(1) A primary care scarcity county (with respect to a
primary care physician) or specialist care scarcity county
(with respect to any other physician) identified by the
Secretary of Health and Human Services under section 1833(u)(4)
of the Social Security Act (42 U.S.C. 1395l(u)(4)).
``(2) A health professional shortage area identified by the
Secretary of Health and Human Services under section 1833(m)(1)
of the Social Security Act (42 U.S.C. 1395l(m)(1)).
``(c) Amount of Incentive Payment.--The amount of the incentive
payment payable under subsection (a) with respect to a physician
professional service is as follows:
``(1) In the case of a service furnished by a primary care
physician in a primary care scarcity county or a service
furnished by any other physician in a specialist care scarcity
county covered by subsection (b)(1), an amount equal to 5
percent of the amount payable for the service under the TRICARE
program.
``(2) In the case of a service furnished in an area covered
by subsection (b)(2), an amount equal to 10 percent of the
amount payable for the service under the TRICARE program.
``(3) In the case of a service provided in a location that
is covered by both paragraphs (1) and (2) of subsection (b), an
amount equal to 15 percent of the amount payable for the
service under the TRICARE program.
``(d) Location of Provision of Service.--(1) For purposes of
identifying the location in which a physician professional service is
furnished for purposes of this section, the Secretary of Defense shall
use the 5-digit postal ZIP code system.
``(2) If the 5-digit postal ZIP code for an area covers more than
one county, the dominant county (as determined by the United States
Postal Service or otherwise) shall be used to determine whether the
postal ZIP code is in a scarcity county covered by subsection (b)(1).
``(e) Frequency of Payment.--Incentive payments payable under this
section shall be paid on a quarterly basis for incentive payments
accrued during the previous calendar quarter.
``(f) Regulations.--The Secretary of Defense, in consultation with
the other administering Secretaries, shall prescribe regulations for
the administration of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 55 of such title, as amended by section 723(d)(1) of this Act,
is further amended by inserting after the item relating to section
1097d the following new item:
``1097e. TRICARE program: incentive payments for provision of services
in medically underserved areas.''.
SEC. 725. STANDARDIZATION OF CLAIMS PROCESSING UNDER TRICARE PROGRAM
AND MEDICARE PROGRAM.
(a) In General.--Effective October 1, 2007, 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 Medicare program on such matters.
(b) Covered Matters.--The matters described in this subsection are
as follows:
(1) The utilization of single or multiple provider
identification numbers for purposes of the payment of health
care claims by Department of Defense contractors.
(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) Immediate Collection From Third-Party Payers.--
(1) Policy required.--The Secretary of Defense, in
consultation with the other administering Secretaries, shall
prescribe in regulations a policy for the collection of amounts
from third-party payers as authorized by section 1095 of title
10, United States Code, immediately upon the presentation of
claims for health care services to the Department of Defense.
(2) Overpayment.--The policy required by subsection (a)
shall include mechanisms for the recoupment by third-party
payers of amounts overpaid to the United States under the
policy.
(d) Annual Reports on Claims Processing Standardization.--
(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
requirement under the TRICARE program as a different claims
processing requirement than that required under the Medicare
program.
(e) Definitions.--In this section:
(1) The term ``administering Secretaries'' has the meaning
given that term in section 1072(3) of title 10, United States
Code.
(2) The term ``Medicare program'' means the program under
title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.).
(3) The term ``TRICARE program'' has the meaning given that
term in section 1072(7) of title 10, United States Code.
SEC. 726. REQUIREMENTS FOR SUPPORT OF MILITARY TREATMENT FACILITIES BY
CIVILIAN CONTRACTORS UNDER TRICARE.
(a) Annual Integrated Regional Requirements on Support.--The
Regional Director of each region under the TRICARE program shall
develop each year integrated, comprehensive requirements 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:
(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
throughout each region of the TRICARE program for the most
efficient 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 personnel under the TRICARE program,
including resource-sharing and clinical support agreements,
direct contracting, and venture capital investments.
(4) To achieve savings targets for each region under the
TRICARE program.
(c) Facilitation and Enhancement of Contractor Support.--
(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) ensure approval by a Regional Director of all
proposals for the support of military treatment
facilities in the region concerned in accordance with
the most current requirements established by such
Regional Director under subsection (a);
(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) 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; and
(ii) accreditation of health care staffing
firms by the Joint Commission on the
Accreditation of Health Care Organization
Health Care Staffing Standards;
(E) remove financial disincentives for military
treatment facilities and civilian contractors to
initiate and sustain agreements for the support of
military treatment facilities by such contractors under
the TRICARE program;
(F) provide for a consistent process across all
regions of the TRICARE program for developing cost
benefit analyses of agreements for the support of
military treatment facilities by civilian contractors
under the TRICARE program based on actual cost and
utilization data within each region of the TRICARE
program; and
(G) provide for a system for tracking the
performance of each project for support of military
treatment facilities by a civilian contractor under the
TRICARE program.
(d) Reports to Congress.--
(1) Annual reports required.--Not later than February 1
each year, the Secretary shall submit to the congressional
defense committees 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 status of the 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
requirements under subsection (a).
(E) The savings anticipated, and any savings
achieved, as a result of the implementation of the
requirements under subsection (a).
SEC. 727. UNIFORM STANDARDS FOR ACCESS TO HEALTH CARE SERVICES FOR
WOUNDED OR INJURED SERVICEMEMBERS.
(a) Uniform Standards Required.--The Secretary of Defense shall
prescribe in regulations uniform standards for the access of wounded or
injured members of the Armed Forces to health care services through the
military health care system.
(b) Matters Covered by Standards.--The standards required by
subsection (a) shall establish uniform policy with respect to the
following:
(1) The access of wounded or injured 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
personnel and specialists with expertise in prosthetics and the
in treatment of head, vision, and spinal cord injuries.
(4) Waiting times of such members for acute care and for
routine follow-up care.
(c) Referral to Providers Outside Military Health Care System.--To
the extent practicable, the Secretary shall require in the standards
under subsection (a) that the standards 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) Tracking of Performance.--The standards required by subsection
(a) shall require each Secretary concerned to establish mechanisms for
tracking the performance of the military health care system under the
jurisdiction of such Secretary in meeting the requirements for access
of wounded or injured members of the Armed Forces to health care
services set forth in such standards.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(a) of title 10, United States Code.
SEC. 728. DISEASE AND CHRONIC CARE MANAGEMENT.
(a) Program Required.--Not later than October 1, 2007, the
Secretary of Defense shall establish and implement throughout the
military health care system a fully-integrated program on disease and
chronic care management that provides, to the extent practicable,
uniform policies and practices, and regional execution of such policies
and practices, on disease management and chronic care management
throughout that system, including both military hospitals and clinics
and civilian healthcare providers.
(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
services 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.--The program required by subsection (a) shall meet
the following requirements:
(1) Based on uniform policies prescribed by the Secretary
under subsection (a), 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
accreditation standards for disease and chronic care
management.
(3) The program shall include specific outcome measures and
objectives on disease and chronic care management.
(4) The program shall include strategies for disease and
chronic care management for all beneficiaries, including
beneficiaries 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) Design of Certain Portions of Program.--As part of the program
required under subsection (a), the Secretary may contract for the
design of a disease and chronic care management program for the
military health care system.
(e) Actions To Facilitate Program.--In order to facilitate the
carrying out of the program required by subsection (a), 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 outcomes
and cost avoidance;
(3) eliminate, to the extent practicable, any financial
disincentives 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.
(f) Comptroller General Report.--Not later than September 15, 2007,
the Comptroller General of the United States shall submit to the
congressional defense committees a report on the program required by
subsection (a). The report shall include the following:
(1) An assessment of the progress made toward
implementation of the program.
(2) A description and assessment of the integration of
disease and chronic care management strategies in the regional
business plan of the TRICARE Regional Offices.
(3) An assessment of the readiness of the Department to
implement the program by October 1, 2007.
(g) Secretary of Defense Reports.--
(1) In general.--Not later than January 1, 2008, and every
year thereafter, the Secretary shall submit to the
congressional defense committees a report on the program
required by subsection (a).
(2) Report elements.--Each report required by this
subsection shall include the following:
(A) An assessment of the program during the one-
year period ending on the date of such report.
(B) A description and assessment of improvements in
health status and clinical outcomes.
(C) A description of the savings and return on
investment associated with the program.
(D) A description of an investment strategy to
assure the sustainment of the disease and chronic care
management programs of the Department of Defense.
SEC. 729. POST-DEPLOYMENT HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED
FORCES RETURNING FROM DEPLOYMENT IN SUPPORT OF A
CONTINGENCY OPERATION.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe in
regulations requirements applicable to the conduct of post-deployment
health assessments for members of the Armed Forces returning from
deployment in support of a contingency operation.
(b) General Requirements.--The regulations prescribed under
subsection (a) shall require the following:
(1) That a health assessment be conducted on each member of
the Armed Forces returning from deployment in support of a
contingency operation within such time after the return of such
member from deployment as the Secretary shall specify in the
regulations.
(2) That each health assessment be conducted by a
healthcare provider having such qualifications as the Secretary
shall specify in the regulations.
(3) That each health assessment assess such health-related
matters as the Secretary shall specify in the regulations,
including an assessment of mental health (including Traumatic
Brain Injury (TBI)) for referral of a member for further
evaluation relating to mental health (including evaluation of
the effects of combat or operational stress).
(4) That the results of each health assessment be stored in
a centralized data base maintained by the Secretary under this
section.
(c) Assessments of Mental Health.--
(1) Criteria for referral for further evaluations.--The
regulations prescribed under subsection (a) shall include--
(A) criteria 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);
(B) mechanisms to ensure that healthcare providers
are trained in the application of such criteria in
making such determinations; and
(C) mechanisms for oversight to ensure that
healthcare providers apply such criteria consistently.
(2) Availability of referral.--Under the regulations, a
copy of a referral of a member for further evaluation relating
to mental health shall be--
(A) provided to the member;
(B) placed in the healthcare record of the member
that is maintained by the Department of Defense; and
(C) provided to the healthcare manager of the
member.
(3) Tracking mechanisms.--The regulations shall include
mechanisms to ensure that a member who receives a referral for
further evaluation relating to mental health receives such
evaluation and obtains such care and services as are warranted.
(4) Quality assurance.--The regulations shall include a
requirement that the Department address, as part of the
deployment health assessment quality assurance program of the
Department, the following:
(A) The types of healthcare providers conducting
post-deployment 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 criteria prescribed under paragraph (1)(A)
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 paragraph (3) in ensuring that members
who receive referrals for further evaluations relating
to mental health receive such evaluations and obtain
such care and services as are warranted.
(d) 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 implementation
of the requirements prescribed under this section.
(2) Periodic evaluation of mental health assessment
processes.--The Comptroller General shall, on a periodic basis,
evaluate the following:
(A) The compliance of the Department of Defense and
healthcare providers with the requirements under this
section applicable to the assessment and referral of
members of the Armed Forces relating to mental health.
(B) The effectiveness of the processes under such
requirements in addressing the mental health care needs
of members returning from deployments overseas.
(3) Reports.--(A) 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 study carried out under paragraph (1).
(B) Upon completion of an evaluation under paragraph (2),
the Comptroller General shall submit to the committees of
Congress referred to in subparagraph (A) a report on such
evaluation.
(e) 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.
SEC. 730. MENTAL HEALTH SELF-ASSESSMENT PROGRAM.
(a) Finding.--Congress finds that the Mental Health Self-Assessment
Program (MHSAP) of the Department of Defense is vital to the overall
health and well-being of deploying members of the Armed Forces and
their families because that program provides--
(1) a non-threatening, voluntary, anonymous self-assessment
of mental health that is effective in helping to detect mental
health and substance abuse conditions;
(2) awareness regarding warning signs of such conditions;
and
(3) information and outreach to members of the Armed Forces
(including members of the National Guard and Reserves) and
their families on specific services available for such
conditions.
(b) Expansion of Program.--The Secretary of Defense shall, acting
through the Office of Health Affairs of the Department of Defense, take
appropriate actions to expand the Mental Health Self-Assessment Program
in order to achieve the following:
(1) The continuous availability of the assessment under the
program to members and former members of the Armed Forces in
order to ensure the long-term availability of the diagnostic
mechanisms of the assessment to detect mental health conditions
that may emerge over time.
(2) The availability of programs and services under the
program to address the mental health of dependent children of
members of the Armed Forces who have been deployed or
mobilized.
(c) Outreach.--The Secretary shall develop and implement a plan to
conduct outreach and other appropriate activities to expand and enhance
awareness of the Mental Health Self-Assessment Program, and the
programs and services available under that program, among members of
the Armed Forces (including members of the National Guard and Reserves)
and their families.
(d) Reports.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the actions undertaken under this section during the one-year period
ending on the date of such report.
SEC. 731. 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
contract 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
expiration of such extension by one additional year, if the
Secretary determines that such extension--
(A) is in the best interests of the United States;
and
(B) will--
(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 2 extensions.
(3) Notice and wait.--The Secretary may not commence the
exercise of the authority in paragraph (1) until 30 days after
the date on which the Secretary submits to the congressional
defense committees a report setting forth the minimum level of
performance by an incumbent contractor under a contract covered
by such paragraph that will be required by the Secretary in
order to be eligible for an extension authorized by such
paragraph.
(4) Definitions.--In this subsection, the terms
``administering Secretaries'' and ``TRICARE program'' 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 congressional
defense committees a report on contracting mechanisms under
consideration 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
Department 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. 732. 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 Assistant Secretary of Defense for Force
Protection and Readiness.''.
(b) Response to Medical Needs Arising From Mandatory Military
Vaccinations.--
(1) In general.--The Secretary of Defense shall maintain a
joint military medical center of excellence focusing on the
medical needs arising from mandatory military vaccinations.
(2) Elements.--The joint military medical center of
excellence under paragraph (1) shall consist of the following:
(A) The Vaccine Healthcare Centers of the
Department of Defense, which shall be the principal
elements of the center.
(B) Any other elements that the Secretary considers
appropriate.
(3) Authorized activities.--In acting as the principal
elements of the joint military medical center under paragraph
(1), the Vaccine Healthcare Centers referred to in paragraph
(2)(A) may carry out the following:
(A) Medical assistance and care to individuals
receiving mandatory military vaccines and their
dependents, including long-term case management for
adverse events where necessary.
(B) Evaluations to identify and treat potential and
actual health effects from vaccines before and after
their use in the field.
(C) The development and sustainment of a long-term
vaccine safety and efficacy registry.
(D) Support for an expert clinical advisory board
for case reviews related to disability assessment
questions.
(E) Long-term and short-term studies to identify
unanticipated benefits and adverse events from
vaccines.
(F) Educational outreach for immunization providers
and those required to receive immunizations.
(G) The development, dissemination, and validation
of educational materials for Department of Defense
healthcare workers relating to vaccine safety,
efficacy, and acceptability.
(c) Limitation on Restructuring of Vaccine Healthcare Centers.--
(1) Limitation.--The Secretary of Defense may not downsize
or otherwise restructure the Vaccine Healthcare Centers of the
Department of Defense until the Secretary submits to Congress a
report setting forth a plan for meeting the immunization needs
of the Armed Forces during the 10-year period beginning on the
date of the submittal of the report.
(2) Report elements.--The report submitted under paragraph
(1) shall include the following:
(A) An assessment of the potential biological
threats to members of the Armed Forces that are
addressable by vaccine.
(B) An assessment of the distance and time required
to travel to a Vaccine Healthcare Center by members of
the Armed Forces who have severe reactions to a
mandatory military vaccine.
(C) An identification of the most effective
mechanisms for ensuring the provision services by the
Vaccine Healthcare Centers to both military medical
professionals and members of the Armed Forces.
(D) An assessment of current military and civilian
expertise with respect to mass adult immunization
programs, including case management under such programs
for rare adverse reactions to immunizations.
(E) An organizational structure for each military
department to ensure support of the Vaccine Healthcare
Centers in the provision of services to members of the
Armed Forces.
SEC. 733. ENHANCED MENTAL HEALTH SCREENING AND SERVICES FOR MEMBERS OF
THE ARMED FORCES.
(a) Required Elements of Assessments.--Each pre-deployment mental
health assessment of a member of the Armed Forces, shall include the
following:
(1) A mental health history of the member, with emphasis on
mental health status during the 12-month period ending on the
date of the assessment and a review of military service during
that period.
(2) 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.
(3) An assessment of any behavior of the member identified
by the member's commanding officer that could indicate the
presence of a mental health condition.
(4) Information provided by the member (through a checklist
or other means) on the presence of any serious mental illness
or any symptoms indicating a mental health condition or
disorder.
(b) Referral for Further Evaluation.--Each member of the Armed
Forces who is determined during a pre-deployment or post-deployment
mental health assessment to have, or have symptoms or indicators for, a
mental health condition or disorder shall be referred to a qualified
health care professional with experience in the evaluation and
diagnosis of mental health conditions.
(c) Referral of Members Deployed in Contingency or Combat
Operations.--Any member of the Armed Forces called or ordered to active
duty in support of contingency or combat operations who requests access
to mental health care services any time before, during, or after
deployment shall be provided access to such services--
(1) not later than 72 hours after the making of such
request; or
(2) at the earliest practicable time thereafter.
(d) Minimum Mental Health Standards for Deployment.--
(1) Standards required.--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 contingency operation.
(2) Elements.--The standards required by paragraph (1)
shall include the following:
(A) A specification of the mental health
conditions, treatment for such conditions, and receipt
of psychotropic medications for such conditions that
preclude deployment of a member of the Armed Forces to
a combat operation or contingency operation, or to a
specified type of such operation.
(B) Guidelines for the deployability and treatment
of members of the Armed Forces diagnosed with a severe
mental illness or Post Traumatic Stress Disorder
(PTSD).
(3) Utilization.--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 contingency operation.
(e) Monitoring of Certain Individuals.--The Secretary of Defense
shall develop a plan, to be implemented throughout the Department of
Defense, for monitoring the mental health of each member of the Armed
Forces who, after deployment to a combat operation or contingency
operation, is known--
(1) to have a mental health condition or disorder; or
(2) to be receiving treatment, including psychotropic
medications, for a mental health condition or disorder.
(f) Implementation.--Not later than six months 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 or
Representatives a report on the actions taken to implement the
requirements of this section.
SEC. 734. EDUCATION, TRAINING, AND SUPERVISION OF PERSONNEL PROVIDING
SPECIAL EDUCATION SERVICES UNDER EXTENDED BENEFITS UNDER
TRICARE.
Section 1079(d)(2) of title 10, United States Code is amended by
adding at the end the following: ``The regulations shall include the
following:
``(A) Requirements for education, training, and supervision
of individuals providing special education services known as
Applied Behavioral Analysis under this subsection that are in
addition to any other education, training, and supervision
requirements applicable to Board Certified Behavior Analysts or
Board Certified Associate Behavior Analysts or are otherwise
applicable to personnel providing such services under
applicable State law.
``(B) Metrics to identify and measure the availability and
distribution of individuals of various expertise in Applied
Behavioral Analysis in order to evaluate and assure the
availability of qualified personnel to meet needs for Applied
Behavioral Analysis under this subsection.''.
Subtitle C--Studies and Reports
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 (PTSD) and other mental health
conditions.
(b) Duration.--The requirement to carry out pilot projects under
this section shall commence on October 1, 2007. Any pilot projects
carried out under this section shall cease on September 30, 2008.
(c) Pilot Project Requirements.--
(1) Mobilization-demobilization facility.--
(A) In general.--One of the pilot projects under
this section shall be carried out at a military medical
facility at a large military installation at which the
mobilization or demobilization of members of the Armed
Forces occurs.
(B) Elements.--The pilot project under this
paragraph shall be designed to evaluate and produce
effective diagnostic and treatment approaches for use
by primary 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 in a manner that avoids the referral of
patients to specialty care by a psychiatrist or other
mental health professional.
(2) National guard or reserve facility.--
(A) In general.--One of the pilot projects under
this section shall be carried out at the location of a
National Guard or Reserve unit or units that are
located more than 40 miles from a military medical
facility and whose personnel are served primarily by
civilian community health resources.
(B) Elements.--The pilot project under this
paragraph shall be designed--
(i) to evaluate approaches for providing
evidence-based clinical information on Post
Traumatic Stress Disorder to civilian primary
care providers; and
(ii) to develop educational materials and
other tools for use by members of the National
Guard or Reserve who come into contact with
other members of the National Guard or Reserve
who may suffer from Post Traumatic Stress
Disorder in order to encourage and facilitate
early reporting and referral for treatment.
(3) Internet-based diagnosis and treatment.--One of the
pilot projects under this section shall be designed to
evaluate--
(A) Internet-based automated tools available to
military and civilian health care providers for the
early diagnosis and treatment of Post Traumatic Stress
Disorder, and for tracking patients who suffer from
Post Traumatic Stress Disorder; and
(B) Internet-based tools available to family
members of members of the Armed Forces in order to
assist such family members in the identification of the
emergence of Post Traumatic Stress Disorder.
(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
conditions 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
members 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 committees
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.
(C) Any recommendations for legislative or
administrative 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 diagnosis 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
improvement of the health care services provided to
members of the Armed Forces in order to better assure
the early diagnosis 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 Reserve 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 conditions among such
members of the National Guard and Reserves.
(f) Funding.--
(1) In general.--Of the amount authorized to be
appropriated by section 303(a) for the Defense Health Program,
$10,000,000 shall be available for pilot projects under this
section.
(2) Availability.--The amount available under paragraph (1)
shall remain available until expended.
SEC. 742. ANNUAL REPORTS ON CERTAIN MEDICAL MALPRACTICE CASES.
(a) Annual Reports to Secretary of Defense.--
(1) Annual reports required.--Not later than February 1,
2007, and annually thereafter, each Secretary of a military
department shall submit to the Secretary of Defense a report on
the following:
(A) Each case (other than a case involving the
treatment of a member of the Armed Forces on active
duty) during the preceding calendar year in which--
(i) a complaint or claim was made of
medical malpractice committed in a medical
treatment facility of such military department
or by a health care provider of or employed by
such military department; and
(ii) either--
(I) a judgment was entered against
the United States in the amount of
$1,000,000 or more; or
(II) an award, compromise, or
settlement was entered into by the
United States requiring payment by the
United States in the amount of
$1,000,000 or more.
(B) Each case during the preceding calendar year in
which the death of, or serious personal injury to, a
member of the Armed Forces on active duty occurred as a
result of medical malpractice while the member was a
patient in a medical treatment facility of such
military department or under the care of a health care
provider of or employed by such military department.
(2) Required information.--The information required in a
report under paragraph (1) on a case covered by such paragraph
shall include the following:
(A) A description of the medical malpractice
involved.
(B) A description of the actions, if any, taken
with respect to the continued practice in the military
health care system of the health care professionals
involved.
(b) Transmittal of Reports to Congress.--
(1) Transmittal required.--Not later than April 1, 2007,
and annually thereafter, the Secretary of Defense shall
transmit to the congressional defense committees the reports
submitted to the Secretary by the Secretaries of the military
departments in such year.
(2) Transmittal matters.--In transmitting reports for a
year under paragraph (1), the Secretary may include with such
reports the following:
(A) Any information or recommendations with respect
to the matters covered by such reports that the
Secretary considers appropriate.
(B) A summary of the actions taken during the year
to address medical malpractice in the military health
care system.
(c) Disclosure of Information.--In submitting or transmitting
reports under this section, the Secretaries of the military departments
and the Secretary of Defense shall ensure that the information
contained in such reports is suitable for disclosure to the public,
taking into account the provisions of law as follows:
(1) Section 552a of title 5, United States Code (commonly
referred to as the ``Privacy Act'').
(2) Laws relating to the protection and confidentiality of
medical quality assurance records, including the provisions of
section 1102 of title 10, United States Code.
(3) Any other laws relating to the protection and
confidentiality of medical records.
SEC. 743. 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 benefits
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
program 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.
(6) Various alternative means of purchasing pharmaceutical
agents more efficiently for availability under the program.
(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 feedback
under the program.
(12) Beneficiary satisfaction with the program.
(c) Response to Certain Findings.--
(1) Pharmacy and therapeutics committee.--The Pharmacy and
Therapeutics Committee shall--
(A) examine the results of the study of the
Comptroller General under subsection (b)(7); and
(B) make such recommendations to the Secretary of
Defense for modifications in the composition and
decision-making processes of the Committee as the
Committee considers appropriate in light of such
results in order to improve the efficiency of such
processes.
(2) Beneficiary advisory panel.--The Beneficiary Advisory
Panel shall--
(A) examine the results of the study of the
Comptroller General under subsection (b)(8); and
(B) make such recommendations to the Secretary of
Defense for modifications in the composition and
advisory functions of the Panel as the Panel considers
appropriate in light of such results in order to--
(i) ensure the independence and consumer
focus of the Panel;
(ii) ensure the participation of the Panel
as an advisory board throughout implementation
of the Department of Defense pharmacy benefits
program; and
(iii) achieve more effective communication
between the Secretary and the Panel.
(d) 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 recommendations 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. 744. COMPTROLLER GENERAL AUDITS OF DEPARTMENT OF DEFENSE HEALTH
CARE COSTS AND COST-SAVING MEASURES.
(a) General Audit Required.--
(1) In general.--The Comptroller General of the United
States shall conduct an audit of the health care costs and
cost-saving measures of the Department of Defense in accordance
with this subsection. The Comptroller General shall conduct the
audit in conjunction with 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
(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
copayments for pharmaceuticals.
(F) The costs of the administration of the Defense
Health Program and the TRICARE program for all
categories of beneficiaries.
(c) Audit of TRICARE Reserve Select Program.--
(1) In general.--In addition to the audit required by
subsection (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 Department 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
utilization assumptions utilized by the Department in
establishing premiums under the TRICARE Reserve Select
Program 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 1074d of title 10, United
States Code.
(d) 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.
(e) Report.--Not later than April 1, 2007, the Comptroller General
shall submit to the congressional defense committees a 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
considers 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. 745. REVIEW OF DEPARTMENT OF DEFENSE MEDICAL QUALITY IMPROVEMENT
PROGRAM.
(a) Review Required.--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.
(b) Elements.--The review required pursuant to subsection (a) shall
include the following:
(1) An assessment of the methods used by the Department 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 military health care
system.
(2) An assessment of the transparency and public reporting
mechanisms of the Department on medical quality.
(3) 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.
(4) An assessment of the patient safety programs of the
Department.
(5) A description of the extent to which the Department
seeks to address particular medical errors, and an assessment
of the adequacy of such efforts.
(6) An assessment of accountability within the military
health care system for preventable negative outcomes involving
negligence.
(7) An assessment of the performance of the health care
safety and quality measures of the Department.
(8) An assessment of the collaboration of the Department
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.
(9) A comparison of the methods, mechanisms, and programs
and activities referred to in paragraphs (1) through (8) with
similar methods, mechanisms, programs, and activities used in
other public and private health care systems and organizations.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the review
required pursuant to subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The results of the review required pursuant to
subsection (a).
(B) A discussion of recent highlights in the
accomplishments of the Department of Defense medical
quality assurance program.
(C) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate for the improvement of the program.
SEC. 746. 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 uranium-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 uranium
dust or residues from depleted uranium munitions;
(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 1 year after the date of enactment of
this Act, the Secretary of Defense shall submit a report to Congress on
the results of the study described in subsection (a).
Subtitle D--Other Matters
SEC. 761. EXTENSION OF LIMITATION ON CONVERSION OF MILITARY MEDICAL AND
DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL
POSITIONS.
Section 744(a)(1) of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3360; 10 U.S.C. 129c
note) is amended--
(1) by inserting ``in a fiscal year'' before ``until'';
(2) by inserting ``with respect to that fiscal year'' after
``House of Representatives''; and
(3) by striking the last sentence and inserting the
following new sentences: ``The certification with respect to
fiscal year 2007 may not be submitted before June 30, 2006. The
certification with respect to any fiscal year after fiscal year
2007 shall be submitted 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.''.
SEC. 762. 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
specimens 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 transferred shall
include electronic data files and biological specimens 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 Committee on Armed Services of the Senate and the
Committee on Armed Services of 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.--Of the funds available to the
Defense Health Program, the Secretary of Defense may 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 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.
(2) Costs of collaboration.--Of the funds available to the
Defense Health Program, the Secretary of Defense may reimburse
the National Academy of Sciences up to $200,000 for costs of
the Medical Follow-Up Agency to collaborate 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 year.
SEC. 763. SENSE OF SENATE ON THE TRANSFORMATIONAL MEDICAL TECHNOLOGY
INITIATIVE OF THE DEPARTMENT OF DEFENSE.
(a) Findings.--The Senate finds the following:
(1) The most recent Quadrennial Defense Review and other
studies have identified the need to develop broad-spectrum
medical countermeasures against the threat of genetically
engineered bioterror agents.
(2) The Transformational Medical Technology Initiative of
the Department of Defense implements cutting edge
transformational medical technologies and applies them to
address the challenges of known, emerging, and bioengineered
threats.
(3) The Transformational Medical Technology Initiative is
designed to provide such technologies in a much shorter
timeframe, and at lower cost, than is required with traditional
approaches.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the Transformational Medical Technology Initiative is
an important effort to provide needed capability within the
Department of Defense to field effective broad-spectrum
countermeasures against a significant array of current and
future biological threats; and
(2) innovative technological approaches to achieve broad-
spectrum medical countermeasures are a necessary component of
the capacity of the Department to provide chemical-biological
defense and force protection capabilities for the Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. ADDITIONAL CERTIFICATION REQUIREMENTS FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Additional Certification Requirements.--Subsection (a) of
section 2366a of title 10, United States Code, is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) redesignating paragraph (7) as paragraph (10); and
(3) by inserting after paragraph (6) the following new
paragraphs:
``(7) the program is needed to meet validated requirements
consistent with the national military strategy;
``(8) reasonable estimates have been developed to execute
the product development and production plan under the program;
``(9) funding is available to execute the product
development and production plan under the program 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. 802. EXTENSION AND ENHANCEMENT OF DEFENSE ACQUISITION CHALLENGE
PROGRAM.
(a) Priority for Proposals From Certain Businesses.--Paragraph (5)
of subsection (b) of section 2359b of title 10, United States Code, is
amended to read as follows:
``(5) The Under Secretary--
``(A) may establish procedures to ensure that the Challenge
Program does not become an avenue for the repetitive submission
of proposals that have been previously reviewed and found not
to have merit; and
``(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.''.
(b) Extension.--Subsection (j) of such section is amended by
striking ``September 30, 2007'' and inserting ``September 30, 2012''.
SEC. 803. BASELINE DESCRIPTION AND UNIT COST REPORTS FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) Specification of Original Baseline Estimate.--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: ``in preparation for entry into system development and
demonstration, or at program initiation, whichever occurs later''.
(b) Reports to Congress on Certain Cost Increases.--Section
2433(e)(1) of such title is amended by adding at the end the following
new subparagraph:
``(C) If the Secretary concerned determines that the program
acquisition unit cost or procurement unit cost of a major defense
acquisition program has increased by a percentage equal to or greater
than the significant cost growth threshold for the program and a
Selected Acquisition Report has been submitted to Congress under
subparagraph (A) or (B), each subsequent quarterly or comprehensive
annual Selected Acquisition Report shall include the information
required by subsection (g). No further report on increases in the
program acquisition unit cost or procurement unit cost shall be
required under subsection (c) or (d) unless the program manager has
reasonable cause to believe that the program acquisition unit cost or
procurement unit cost has increased by a percentage equal to or greater
than the critical cost growth threshold.''.
SEC. 804. 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.
``Sec. 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 program 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
information 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 operation 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 automated
information system program separately meets the requirements for
treatment as a major automated information system program, the
provisions of this chapter shall apply to such increment as well as to
the overall major automated information system program of which such
increment is a part.
``Sec. 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
operational 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 submitted on
such program for purposes of the reports and determinations on program
changes in section 2445c of this title.
``(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.
``Sec. 2445c. Reports: quarterly reports; reports on program changes
``(a) Quarterly Reports by Program Managers.--The program 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 identifying 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 purposes 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 Department 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 determination.
``(2) Covered determination.--A determination described in
this paragraph with respect to a major automated information
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
``(C) there has been a significant, adverse change
in the expected performance of the major automated
information system to be acquired under the program
from the parameters originally submitted to Congress
under paragraph (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 Department 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 information
system program is a determination that--
``(A) 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;
``(B) 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
``(C) there has been a change in the expected
performance 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 automated
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 requirements;
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 written
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;
``(3) the new estimates of the costs, schedule, and
performance 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 determination
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).
``Sec. 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. 805. ADJUSTMENT OF ORIGINAL BASELINE ESTIMATE FOR MAJOR DEFENSE
ACQUISITION PROGRAMS EXPERIENCING COST GROWTH RESULTING
FROM DAMAGE CAUSED BY HURRICANES KATRINA, RITA, AND
WILMA.
(a) Adjustment Authorized.--Notwithstanding any limitations under
section 2435(d) of title 10, United States Code, the Secretary of
Defense may adjust the original Baseline Estimate for a major defense
acquisition program that is carried out primarily in the Hurricane
Katrina disaster area, Hurricane Rita disaster area, or Hurricane Wilma
disaster area for the sole purpose of addressing cost growth in such
program that, as determined by the Secretary, is directly attributable
to damage caused by Hurricane Katrina, Hurricane Rita, or Hurricane
Wilma.
(b) Notice to Congress.--The Secretary shall identify any
adjustment to the original Baseline Estimate of a major defense
acquisition program under subsection (a), and provide an explanation of
the basis for such adjustment, in the first Selected Acquisition Report
that is submitted under section 2432 of title 10, United States Code,
after such adjustment is made.
(c) Sunset.--The authority to adjust an original Baseline Estimate
for a major defense acquisition program under subsection (a) shall
expire on the date that is one year after the date of the enactment of
this Act.
(d) Definitions.--In this section:
(1) The term ``major defense acquisition program'' has the
meaning given that term in section 2430 of title 10, United
States Code.
(2) The term ``original Baseline Estimate'', in the case of
a major defense acquisition program, means the first baseline
description for the program established under section 2435(a)
of title 10, United States Code.
(3) The terms ``Hurricane Katrina disaster area'',
``Hurricane Rita disaster area'', and ``Hurricane Wilma
disaster area'' have the meaning given such terms in section
1400M of the Internal Revenue Code of 1986.
SEC. 806. 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--
(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 the
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
subparagraph (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 Requirements.--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 covered
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
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 requirements.
(3) Limitation following failure to reach mou.--Commencing
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
determination 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--
(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 Particular 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 subsection (f), a determination by the Inspector
General of the Department of Defense under such subsection shall be
conclusive 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. 807. REGULATIONS ON USE OF FIXED-PRICE CONTRACTS IN DEVELOPMENT
PROGRAMS.
(a) In General.--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 on the use of fixed-price type
contracts in development programs.
(b) Elements.--As modified under subsection (a), the regulations
described in that subsection shall--
(1) establish a preference for the use of fixed-price type
contracts in development programs to the maximum extent
practicable in light of the level of program risk; and
(2) require the use of fixed-price type contracts in each
contract for system development and demonstration, or
operational system development, unless the use of a different
contract type is specifically authorized pursuant to subsection
(c).
(c) Authorization of Use of Different Contract Type.--
(1) In general.--As modified under subsection (a), the
regulations described in that subsection shall provide that the
Secretary of Defense may authorize the use of a difference
contract type under subsection (b)(2) with respect to a program
upon a written determination by the Secretary that--
(A) 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
(B) the complexity and technical challenge of the
program is not the result of a failure to meet the
certification requirements established in section 2366a
of title 10, United States Code.
(2) Submittal to congressional defense committees.--The
regulations shall provide that a copy of any determination on a
program under paragraph (1), together with an explanation of
the basis for such determination, shall be submitted to the
congressional defense committees with the first Selected
Acquisition Report submitted under section 2432 of title 10,
United States Code, after such determination is made.
(3) Delegation of authority.--The regulations shall provide
that the authority to make a determination under paragraph (1)
may not be delegated below the level of the Under Secretary of
Defense for Acquisition, Technology, and Logistics.
(d) Repeal of Superseded Requirements.--Section 807 of the National
Defense Authorization Act for Fiscal Year 1989 (10 U.S.C. 2304 note) is
repealed.
(e) Effective Date of Regulations.--
(1) In general.--The modified regulations required under
this section shall apply to any contract entered into after the
date that is 120 days after the date of the enactment of this
Act.
(2) System development and demonstration or operational
system development.--The modification required by subsection
(b)(2) in the regulations shall apply with respect to programs
that enter into system development and demonstration, or
operational system development, after the date that is 120 days
after the date of the enactment of this Act.
SEC. 808. AVAILABILITY OF FUNDS FOR PERFORMANCE-BASED LOGISTICS
CONTRACTS FOR WEAPON SYSTEMS LOGISTICS SUPPORT.
(a) Availability of Operation and Maintenance Funds.--
(1) In general.--Amounts available to the Department of
Defense for operation and maintenance--
(A) are available for performance-based logistics
contracts for weapon systems; and
(B) subject to paragraph (2), may be used in
accordance with the terms of such contracts to
implement engineering changes that result in a
reduction of the operation and maintenance costs to the
Government of such systems.
(2) Limitation.--Funds may not be used for a performance-
based logistics contract to implement engineering changes the
total cost of which is expected to exceed $20,000,000.
(b) Notice to Congress on Entry Into Contracts.--
(1) In general.--Not later than 30 days before entering
into a performance-based logistics contract under this section,
the Secretary of a military department shall submit to Congress
a notice of intent to enter into such contract.
(2) Elements.--The notice on a performance-based logistics
contract under paragraph (1) shall include the following:
(A) A statement that the military department
concerned--
(i) has performed a business case analysis
for such contract;
(ii) has determined, based on such
analysis, that there is a reasonable
expectation that such contract will result in
an overall reduction of operation and
maintenance costs with respect to a weapon
system; and
(iii) has specific plans in place to--
(I) update such analysis at
appropriate decision points when
sufficient cost and performance data
have been collected to validate the
assumptions used in developing such
analysis; and
(II) periodically review and
validate the propriety and integrity of
program performance measures, and
verify the reliability of contractor
cost and performance data, with respect
to such contract.
(B) An estimate of the projected cost and savings
from such contract, together with an explanation of the
basis for such estimates.
(c) Performance-Based Logistics Contract Defined.--In this section,
the term ``performance-based logistics contract'' means a contract for
the acquisition of logistics support (whether at the system, subsystem,
or major assembly level) for a weapon system that combines logistics
support in an integrated, affordable, performance package designed to
optimize system readiness and meet performance goals for the weapon
system through long-term support arrangements with clear lines of
authority and responsibility for the provision of such support.
(d) Report.--
(1) In general.--Not later than March 1, 2012, the
Secretary of Defense shall submit to the congressional defense
committees a report on the status of all performance-bases
logistics contracts entered into pursuant to this section.
(2) Elements.--The report under paragraph (1) shall
include, for each contract covered by such report, a comparison
of the projected cost and savings of such contract (as
estimated in the notice to Congress under subsection (b)(2)(B))
with the actual cost and savings of such contract (as
determined in accordance with the plan for such contract under
subsection (b)(2)(A)(iii)).
(e) Sunset.--
(1) In general.--The authority to enter contracts under
this section shall terminate on September 30, 2012.
(2) Effect on existing contracts.--The termination under
paragraph (1) of the authority to enter contracts under this
section shall not affect the use of funds for purposes
authorized by subsection (a) under contracts entered on or
before the date specified in that paragraph.
SEC. 809. 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 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);
(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
characteristic 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''.
SEC. 810. 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. 811. 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 development 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 acquisition
of major weapon systems in order to deliver new capabilities to the
warfighter more rapidly through disciplined decision-making, emphasis
on technological maturity, and appropriate trade-offs between system
performance and schedule.
(c) Inclusion of Systems in Pilot Program.--
(1) In general.--The decision whether to include a major
weapon system in the pilot program shall be made by the
Milestone Decision Authority for the acquisition program for
the system.
(2) Criteria.--A major weapon system may be included in the
pilot program only if the Milestone Decision Authority
determines, in consultation with the service acquisition
executive for the military department 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, have been met, and no
waivers have been granted from such requirements;
(B) a preliminary design has been completed after
appropriate requirements analysis using systems
engineering, and the system, as so designed, will meet
battlefield needs identified by the relevant combatant
commanders;
(C) all critical technologies needed to meet system
requirements have been demonstrated in an operational
environment;
(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;
(G) the service acquisition executive and the
program manager have agreed that the program manager
will continue in such position until the delivery of
the initial operational capability under the
acquisition program for the system;
(H) the service acquisition executive, the relevant
combatant commanders, and the program manager have
agreed that no additional requirements will be added
during the development phase of the acquisition program
for the system; and
(I) a planned initial operational capability will
be delivered to the relevant combatant commanders no
more than 6 years after the date of the milestone B
approval for the system.
(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 System in Pilot Program.--The number of
major weapon systems included in the pilot program at any time may not
exceed 12 major weapon systems.
(e) Special Funding Authority.--
(1) Authority for reserve account.--Notwithstanding any
other provision of law, the Secretary of Defense may establish
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
contractor for a major weapon system included in the
pilot program.
(C) To address unforeseen contingencies that could
prevent a major weapon system included in the pilot
program from meeting critical schedule or performance
requirements.
(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 report 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.
(f) Administration of Pilot Program.--The Secretary of Defense
shall prescribe policies and procedures on the administration 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 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 10 percent baselines
for such acquisition program.
(g) 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 paragraph (1)
in accordance with the requirements of this section may remain
in the pilot program after that date.
(h) 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
congressional 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; and
(B) such other matters as the Secretary considers
appropriate.
(i) 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. 812. GOVERNMENT PERFORMANCE OF CRITICAL ACQUISITION FUNCTIONS.
(a) Government Performance of Functions.--
(1) In general.--Section 2383 of title 10, United States
Code is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Government Performance of Critical Acquisition Functions.--
The head of an agency shall ensure that, at a minimum, for each major
defense acquisition program and each major automated information system
program, each of the following positions is performed by a properly
qualified full-time Federal military or civilian employee:
``(1) Program manager.
``(2) Deputy program manager.
``(3) Chief engineer.
``(4) Systems engineer.
``(5) Cost estimator.''.
(2) Definitional matters.--Subsection (c) of such section,
as redesignated by paragraph (1)(A) of this subsection, is
further amended by adding at the end the following new
paragraphs:
``(5) The term `major defense acquisition program' has the
meaning given such term in section 2430(a) of this title.
``(6) The term `major automated information system program'
has the meaning given such term in section 2445a(a) of this
title.''.
(b) Effective Date and Phase-In.--
(1) Effective date.--The amendments made by subsection (a)
shall take effect on the date that is one year after the date
of enactment of this Act.
(2) Temporary waver.--During the two-year period beginning
on the effective date specified in paragraph (1), the head of
an agency may waive the requirement in subsection (b) of
section 2383 of title 10, United States Code, as amended by
subsection (a) of this section, with regard to a specific
function on a particular program upon a written determination
by the head of the agency that a properly qualified full-time
Federal military or civilian employee cannot reasonably be made
available to perform such function.
Subtitle B--Defense Industrial Base Matters
SEC. 821. REMOVAL OF HAND AND MEASURING TOOLS FROM CERTAIN
REQUIREMENTS.
(a) In General.--Subsection (b) of section 2533a of title 10,
United States Code, is amended by striking paragraph (3).
(b) Conforming Amendment.--Subsection (d) of such section is
amended by striking ``(b)(1)(A), (b)(2), or (b)(3)'' each place it
appears and inserting ``(b)(1)(A) or (b)(2)''.
SEC. 822. APPLICABILITY OF CERTAIN REQUIREMENTS REGARDING SPECIALTY
METALS.
(a) Exemption for Certain Commercial Items.--Subsection (i) of
section 2533a of title 10, United States Code, is amended--
(1) by inserting ``, Dual-Use Items, and Electronic
Components'' after ``Commercial Items'';
(2) by inserting ``(1)'' before ``this section'';
(3) in paragraph (1), as so designated, by inserting
``described in subsection (b)(1)'' after ``commercial items'';
and
(4) by adding at the end the following new paragraphs:
``(2) This section is not applicable to--
``(A) a contract or subcontract for the procurement of a
commercial item containing specialty metals described in
subsections (b)(2) and (b)(3); or
``(B) specialty metals that are incorporated into an
electronic component, where the value of the specialty metal
used in the component is de minimis in relation to the value of
the electronic component.
``(3) For purposes of paragraph (2)(A), a commercial item does not
include--
``(A) any item that contains noncommercial modifications
that cost or are expected to cost, in the aggregate, more than
5 percent of the total price of such item;
``(B) any item that would not be considered to be a
commercial item, but for sales to government entities or
inclusion in items that are sold to government entities;
``(C) forgings or castings for military unique end items;
``(D) fasteners other than commercial off-the-shelf items
(as defined in section 35(c) of the Office of Federal
Procurement Policy Act (41 U.S.C. 431(c)); or
``(E) specialty metals.''.
(b) Exception for Certain Dual-Use Items To Facilitate Civil-
Military Integration.--Such section is further amended by adding at the
end the following new subsection:
``(k) Exception for Certain Dual-Use Items To Facilitate Civil-
Military Integration.--Subsection (a) does not apply to the procurement
of an item from a contractor or a first-tier subcontractor if the
Secretary of Defense or the Secretary of a military department
determines that--
``(1) the item is or will be produced using the same
production facilities, a common supply chain, and the same or
similar production processes that are used for the production
of similar items delivered to non-defense customers; and
``(2) the contractor or subcontractor has made a
contractual commitment to purchase a quality, grade, and amount
of domestically-melted specialty metals for use by the
purchaser during the period of contract performance in the
production of the item and other similar items delivered to
non-defense customers that is not less that the greater of--
``(A) the amount of specialty metals that is
purchased by the contractor for use in the item
delivered to the Department of Defense; or
``(B) 40 percent of the amount of specialty metals
purchased by the contractor or subcontractor for use
during such period in the production of the item and
similar items delivered to non-defense contractors.''.
(c) De Minimis Standard for Specialty Metals.--Such section is
further amended by adding at the end the following new subsection:
``(l) Minimum Threshold for Specialty Metals.--Notwithstanding the
requirements of subsection (a), the Secretary of Defense or the
Secretary of a military department may accept delivery of an item
containing specialty metals that were not grown, reprocessed, reused,
or produced in the United States if the total amount of noncompliant
specialty metals in the item does not exceed 2 percent of the total
amount of specialty metals in the item.''.
(d) Effective Date.--
(1) In general.--The amendments made by subsections (a) and
(c) shall take effect on the date of the enactment of this Act,
and shall apply with respect to items accepted for delivery on
or after that date.
(2) Civil-military integration.--The amendment made by
subsection (b) shall take effect on the date of the enactment
of this Act, and shall apply to contracts entered into on or
after that date.
SEC. 823. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR CONTENT REQUIREMENTS.
(a) Authority.--Subchapter V of chapter 148 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2539c. Waiver of domestic source or content requirements
``(a) Authority.--Except as provided in subsection (f), the
Secretary of Defense may waive the application of any domestic source
requirement or domestic content requirement referred to in subsection
(b) and thereby authorize the procurement of items that are grown,
reprocessed, reused, produced, or manufactured--
``(1) in a foreign country that has a Declaration of
Principles with the United States;
``(2) in a foreign country that has a Declaration of
Principles with the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a Declaration of Principles with the United States; or
``(3) in the United States substantially from components
and materials grown, reprocessed, reused, produced, or
manufactured in the United States or any foreign country that
has a Declaration of Principles with the United States.
``(b) Covered Requirements.--For purposes of this section:
``(1) A domestic source requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item that is grown,
reprocessed, reused, produced, or manufactured in the United
States or by a manufacturer that is a part of the national
technology and industrial base (as defined in section 2500(1)
of this title).
``(2) A domestic content requirement is any requirement
under law that the Department of Defense satisfy its
requirements for an item by procuring an item produced or
manufactured partly or wholly from components and materials
grown, reprocessed, reused, produced, or manufactured in the
United States.
``(c) Applicability.--The authority of the Secretary to waive the
application of a domestic source or content requirements under
subsection (a) applies to the procurement of items for which the
Secretary of Defense determines that--
``(1) application of the requirement would impede the
reciprocal procurement of defense items under a Declaration of
Principles with the United States; and
``(2) such country does not discriminate against defense
items produced in the United States to a greater degree than
the United States discriminates against defense items produced
in that country.
``(d) Limitation on Delegation.--The authority of the Secretary to
waive the application of domestic source or content requirements under
subsection (a) may not be delegated to any officer or employee other
than the Under Secretary of Defense for Acquisition, Technology, and
Logistics.
``(e) Consultations.--The Secretary may grant a waiver of the
application of a domestic source or content requirement under
subsection (a) only after consultation with the United States Trade
Representative, the Secretary of Commerce, and the Secretary of State.
``(f) Laws Not Waivable.--The Secretary of Defense may not exercise
the authority under subsection (a) to waive any domestic source or
content requirement contained in any of the following laws:
``(1) The Small Business Act (15 U.S.C. 631 et seq.).
``(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
``(3) Sections 7309 and 7310 of this title.
``(4) Section 2533a of this title.
``(g) Relationship to Other Waiver Authority.--The authority under
subsection (a) to waive a domestic source requirement or domestic
content requirement is in addition to any other authority to waive such
requirement.
``(h) Clarification of Relationship With Buy American Act.--Nothing
in this section shall be construed to alter in any way the
applicability of the Buy American Act (41 U.S.C. 10a), or the authority
of the Secretary of Defense to waive the requirements of such Act, with
respect to the procurement of any item to which such Act would apply
without regard to this section.
``(i) Construction With Respect to Later Enacted Laws.--This
section may not be construed as being inapplicable to a domestic source
requirement or domestic content requirement that is set forth in a law
enacted after the enactment of this section solely on the basis of the
later enactment.
``(j) Declaration of Principles.--(1) In this section, the term
`Declaration of Principles' means a written understanding (including
any Statement of Principles) between the Department of Defense and its
counterpart in a foreign country signifying a cooperative relationship
between the Department and its counterpart to standardize or make
interoperable defense equipment used by the armed forces and the armed
forces of the foreign country across a broad spectrum of defense
activities, including--
``(A) harmonization of military requirements and
acquisition processes;
``(B) security of supply;
``(C) export procedures;
``(D) security of information;
``(E) ownership and corporate governance;
``(F) research and development;
``(G) flow of technical information; and
``(H) defense trade.
``(2) A Declaration of Principles is underpinned by a memorandum of
understanding or other agreement providing for the reciprocal
procurement of defense items between the United States and the foreign
country concerned without unfair discrimination in accordance with
section 2531 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 2539b the following new item:
``2539c. Waiver of domestic source or content requirements.''.
SEC. 824. REPEAL OF REQUIREMENT FOR IDENTIFICATION OF ESSENTIAL
MILITARY ITEMS AND MILITARY SYSTEM ESSENTIAL ITEM
BREAKOUT LIST.
Section 813 of the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108-136; 117 Stat. 1543) is repealed.
SEC. 825. CONSISTENCY WITH UNITED STATES OBLIGATIONS UNDER TRADE
AGREEMENTS.
No provision of this Act or any amendment made by this Act shall
apply to a procurement by or for the Department of Defense to the
extent that the Secretary of Defense, in consultation with the
Secretary of Commerce, the United States Trade Representative, and the
Secretary of State, determines that it is inconsistent with United
States obligations under a trade agreement.
Subtitle C--Defense Contractor Matters
SEC. 841. REQUIREMENTS FOR DEFENSE CONTRACTORS RELATING TO CERTAIN
FORMER DEPARTMENT OF DEFENSE OFFICIALS.
(a) Requirements.--
(1) In general.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2410p. Defense contractors: requirements concerning former
Department of Defense officials
``(a) In General.--Each contract for the procurement of goods or
services in excess of $10,000,000, other than a contract for the
procurement of commercial items, that is entered into by the Department
of Defense shall include a provision under which the contractor agrees
to submit to the Secretary of Defense, not later than April 1 of each
year such contract is in effect, a written report setting forth the
information required by subsection (b).
``(b) Report Information.--Except as provided in subsection (c), a
report by a contractor under subsection (a) shall--
``(1) list the name of each person who--
``(A) is a former officer or employee of the
Department of Defense or a former or retired member of
the armed forces who served--
``(i) in an Executive Schedule position
under subchapter II of chapter 53 of title 5;
``(ii) in a position in the Senior
Executive Service under subchapter VIII of
chapter 53 of title 5;
``(iii) in a general or flag officer
position compensated at a rate of pay for grade
0-7 or above under section 201 of title 37; or
``(iv) as a program manager, deputy program
manager, procuring contracting officer,
administrative contracting officer, source
selection authority, member of the source
selection evaluation board, or chief of a
financial or technical evaluation team for a
contract with a value in excess of $10,000,000;
and
``(B) during the preceding calendar year was
provided compensation by the contractor, if such
compensation was first provided by the contractor not
more than two years after such officer, employee, or
member left service in the Department of Defense; and
``(2) in the case of each person listed under paragraph
(1)--
``(A) identify the agency in which such person was
employed or served on active duty during the last two
years of such person's service with the Department of
Defense;
``(B) state such person's job title and identify
each major defense system, if any, on which such person
performed any work with the Department of Defense
during the last two years of such person's service with
the Department; and
``(C) state such person's current job title with
the contractor and identify each major defense system
on which such person has performed any work on behalf
of the contractor.
``(c) Duplicate Information Not Required.--An annual report
submitted by a contractor pursuant to subsection (b) need not provide
information with respect to any former officer or employee of the
Department of Defense or former or retired member of the armed forces
if such information has already been provided in a previous annual
report filed by such contractor under this section.''.
(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. Defense contractors: requirements concerning former Department
of Defense officials.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act, and shall apply
with respect to contracts entered into on or after that date.
SEC. 842. LEAD SYSTEMS INTEGRATORS.
(a) Limitations on Contractors Acting as Lead Systems
Integrators.--
(1) In general.--Chapter 141 of title 10, United States
Code, as amended by section 841(a)(1) of this Act, is further
amended by adding at the end the following new section:
``Sec. 2410q. Contracts: limitations on lead systems integrators
``(a) In General.--Except as provided in subsection (b), no
contractor performing any inherently governmental functions, or
functions closely associated with inherently governmental functions,
relating to the acquisition, engineering, structuring, planning,
integration, management, or control of a system of systems, regardless
of whether or not such contractor is expressly designated as a so-
called `lead systems integrator', may have any financial interest in
the development or construction of any individual system or element of
such system of systems.
``(b) Exception.--A contractor described in subsection (a) may have
a financial interest in the development or construction of an
individual system or element of a system of systems if the Secretary of
Defense certifies to the congressional defense committees that--
``(1) the contractor is the preferred best of industry
supplier of the system or element concerned; and
``(2) the contractor was selected to develop or construct
the system or element concerned only after a formal competition
for such system or element conducted by the Department of
Defense in which the contractor participated only as a
respondent to the request for proposal (RFP) under the
competition.
``(c) Construction.--Nothing in this section shall be construed to
preclude a contractor 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.
``(d) Definitions.--In this section:
``(1) The term `best of industry', with respect to the
development or construction of a system or element by a
contractor, means that the contractor provides the Government
any of the following in the development or construction of the
system or element for the Government:
``(A) Best overall value.
``(B) Best technology.
``(C) Best capability.
``(D) Best availability.
``(2) The term `functions closely associated with
inherently governmental functions' has the meaning given such
term in section 2383(b)(3) of this title.
``(3) The term `inherently governmental functions' has the
meaning given such term in section 2383(b)(2) of this title.
``(4) The term `system of systems' means a set of
interdependent systems, including one or more major weapon
systems, that are related to provide a given capability and in
which the loss of any one would significantly degrade the
performance or capabilities of the set of systems as a
whole.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 141 of such title, as amended by section
841(a)(2) of this Act, is further amended by adding at the end
the following new item:
``2410q. Contracts: limitations on lead systems integrators.''.
(3) Effective date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act, and
shall apply with respect to contracts entered into on or after
that date.
(b) Update of Regulations on Lead Systems 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
systems integrators set forth in section 805(b) of the National Defense
Authorization for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3372).
(c) Definition of Lead Systems Integrator.--
(1) Definition required.--The Secretary of Defense shall
include in the report required by section 805 of the National
Defense Authorization for Fiscal Year 2006 a precise and
comprehensive definition of the term ``lead systems
integrator'', as that term is utilized in such section.
(2) Matters to be addressed.--In defining the term ``lead
systems integrator'' under paragraph (1), the Secretary shall
take into account the following:
(A) The importance of lead systems integrators in
the production, fielding, and sustainment of complex
systems, including their role in addressing increases
in cost, the evolution of interoperability
requirements, and the maintenance and sustainment of
critical capabilities.
(B) The unique engineering and integration skills
of lead systems integrators.
(C) The management and organizational skills and
capabilities of lead systems integrators, including the
capacity of lead systems integrators to facilitate the
participation of small and disadvantaged businesses in
the production, fielding, and sustainment of complex
systems.
(d) Contract Types and Fee Structures.--The Secretary of Defense
shall include in the report required by section 805 of the National
Defense Authorization for Fiscal Year 2006 a specification of various
types of contracts and fee structures, including award and incentive
fees, that are appropriate for use by lead systems integrators in the
production, fielding, and sustainment of complex systems.
SEC. 843. 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 appropriate 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) provide guidance on the circumstances in which
contractor performance may be judged to be ``excellent'' or
``superior'' and the percentage of the available award fee
which contractors should be paid for such performance;
(3) 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'',
``average'', ``expected'', ``good'', or ``satisfactory'';
(4) 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;
(5) 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;
(6) 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;
(7) include performance measures to evaluate the
effectiveness of award and incentive fees as a tool for
improving contractor performance and achieving desired program
outcomes; and
(8) provide mechanisms for sharing proven incentive
strategies for the acquisition of different types of products
and services among contracting and program management
officials.
(c) Assessment of Independent Evaluation Mechanisms.--
(1) In general.--The Secretary of Defense shall select a
federally-funded research and development center to assess
various mechanisms that could be used to ensure an independent
evaluation of contractor performance for the purpose of making
determinations applicable to the judging and payment 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
determination 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
congressional 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. 844. PROHIBITION ON EXCESSIVE PASS-THROUGH CHARGES.
(a) Regulations Required.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall prescribe
regulations prohibiting excessive 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 that are in excess of the
simplified acquisition threshold, as specified in section 4(11) of the
Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).
(b) Scope of Regulations.--The regulations prescribed under this
section shall not apply to any firm, fixed-price contract or
subcontract (or task or delivery order) that is--
(1) awarded on the basis of adequate price competition; or
(2) for the acquisition of a commercial item, as defined in
section 4(12) of the Office of Federal Procurement Policy Act
(41 U.S.C. 403(12)).
(c) Definitions.--In this section:
(1) The term ``excessive pass-through charge'' means a
charge by a covered contractor or subcontractor for overhead or
profit on work performed by a covered lower-tier contractor
(other than charges for the direct costs of managing lower-tier
contracts and overhead and profit based on such direct costs).
(2) The term ``covered contractor'' means the following:
(A) A contractor that assigns work accounting for
more than 90 percent of the cost of contract
performance (not including overhead or profit) to
subcontractors.
(B) In the case of a contract providing for the
development or production of more than one weapon
system, a contractor that assigns work accounting for
more than 90 percent of the cost of contract
performance (not including overhead or profit) for any
particular weapon system under such contract to
subcontractors.
(3) The term ``covered lower-tier contractor'' means the
following:
(A) With respect to a covered contractor described
by paragraph (2)(A) in a contract, any lower-tier
subcontractor under such contract.
(B) With respect to a covered contractor described
by paragraph (2)(B) in a contract, any lower-tier
subcontractor on a weapon system under such contract
for which such covered contractor has assigned work
accounting for more than 90 percent of the cost of
contract performance (not including overhead or
profit).
(d) Effective Date.--The regulations prescribed under this section
shall apply to contracts awarded for or on behalf of the Department of
Defense on or after the date that is 120 days after the date of the
enactment of this Act.
SEC. 845. REPORT ON DEPARTMENT OF DEFENSE CONTRACTING WITH CONTRACTORS
OR SUBCONTRACTORS EMPLOYING MEMBERS OF THE SELECTIVE
RESERVE.
(a) Study Required.--The Secretary of Defense shall conduct a study
on contracting with the Department of Defense by actual and potential
contractors and subcontractors of the Department who employ members of
the Selected Reserve of the reserve components of the Armed Forces.
(b) Elements.--The study required by subsection (a) shall address
the following:
(1) The extent to which actual and potential contractors
and subcontractors of the Department, including small
businesses, employ members of the Selective Reserve.
(2) The extent to which actual and potential contractors
and subcontractors of the Department have been or are likely to
be disadvantaged in the performance of contracts with the
Department, or in competition for new contracts with the
Department, when employees who are such members are mobilized
as part of a United States military operation overseas.
(3) Any actions that, in the view of the Secretary, should
be taken to address any such disadvantage, including--
(A) the extension of additional time for the
performance of contracts to contractors and
subcontractors of Department who employ members of the
Selected Reserve who are mobilized as part of a United
States military operation overseas; and
(B) the provision of assistance in forming
contracting relationships with other entities to
ameliorate the temporary loss of qualified personnel.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the study required by this section. The report shall set forth the
findings and recommendations of the Secretary as a result of the study.
(d) Repeal of Superseded Authority.--Section 819 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3385; 10 U.S.C. 2305 note) is repealed.
Subtitle D--Program Manager Matters
SEC. 861. PROGRAM MANAGER EMPOWERMENT AND ACCOUNTABILITY.
(a) Strategy.--The Secretary of Defense shall develop a
comprehensive strategy for enhancing the role of Department of Defense
program managers in developing and carrying out defense acquisition
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
program 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
across 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) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the strategy developed pursuant to this
section.
SEC. 862. TENURE AND ACCOUNTABILITY OF PROGRAM MANAGERS FOR PROGRAM
DEVELOPMENT PERIODS.
(a) Revised Guidance Required.--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 defense acquisition programs
to address the tenure and accountability of program managers for the
program development period of defense acquisition programs.
(b) Program Development Period.--For the purpose of this section,
the term ``program development period'' refers to the period before a
decision on Milestone B approval (or Key Decision Point B approval in
the case of a space program).
(c) Responsibilities.--The revised guidance required by subsection
(a) shall provide that the program manager for the program development
period of a defense acquisition program is responsible for--
(1) bringing to maturity the technologies and manufacturing
processes that will be needed to carry out such program;
(2) ensuring continuing focus during program development on
meeting stated mission requirements and other requirements of
the Department of Defense;
(3) making trade-offs between program cost, schedule and
performance for the life-cycle of such program;
(4) developing a business case for such program; and
(5) ensuring that appropriate information is available to
the milestone decision authority to make a decision on
Milestone B approval (or Key Decision Point B approval in the
case of a space program), including information necessary to
make the certification required by section 2366a of title 10,
United States Code.
(d) Qualifications, Resources, and Tenure.--The Secretary shall
ensure that each program manager for the program development period of
a defense acquisition program--
(1) has the appropriate management, engineering, technical,
and financial expertise needed to meet the responsibilities
assigned pursuant to subsection (c);
(2) is provided the resources and support (including
systems engineering expertise, cost estimating expertise, and
software development expertise) needed to meet such
responsibilities; and
(3) is assigned to the program manager position for such
program until such time as such program is ready for a decision
on Milestone B approval (or Key Decision Point B approval in
the case of a space program).
SEC. 863. TENURE AND ACCOUNTABILITY OF PROGRAM MANAGERS FOR PROGRAM
EXECUTION PERIODS.
(a) Revised Guidance Required.--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 defense acquisition programs
to address the tenure and accountability of program managers for the
program execution period of defense acquisition programs.
(b) Program Execution Period.--For the purpose of this section, the
term ``program execution period'' refers to the period after Milestone
B approval (or Key Decision Point B approval in the case of a space
program).
(c) Responsibilities.--The revised guidance required by subsection
(a) shall--
(1) require the program manager for the program execution
period of a defense acquisition program to enter into a
performance agreement with the milestone decision authority for
such program within six months of assignment, that--
(A) establishes expected parameters for the cost,
schedule, and performance of such program consistent
with the business case for such program;
(B) provides the commitment of the milestone
decision authority to provide the level funding and
resources required to meet such parameters; and
(C) provides the assurance of the program manager
that such parameters are achievable and that such
program manager will be accountable for meeting such
parameters; and
(2) provide the program manager with the authority to--
(A) veto the addition of new program requirements
that would be inconsistent with the parameters
established in the performance agreement entered
pursuant to paragraph (1);
(B) make trade-offs between cost, schedule and
performance, provided that such trade-offs are
consistent with the parameters established in the
performance agreement entered pursuant to paragraph
(1);
(C) redirect funding within such program, to the
extent necessary to achieve the parameters established
in the performance agreement entered pursuant to
paragraph (1);
(D) develop such interim goals and milestones as
may be required to achieve the parameters established
in the performance agreement entered pursuant to
paragraph (1); and
(E) use program funds to recruit and hire such
technical experts as may be required to carry out such
program, if necessary expertise is not otherwise
provided by the Department of Defense.
(d) Qualifications, Resources, and Tenure.--The Secretary shall
ensure that each program manager for the program execution period of a
defense acquisition program--
(1) has the appropriate management, engineering, technical,
and financial expertise needed to meet the responsibilities
assigned pursuant to subsection (c);
(2) is provided the resources and support (including
systems engineering expertise, cost estimating expertise, and
software development expertise) needed to meet such
responsibilities; and
(3) is assigned to the program manager position for such
program at the time of Milestone B approval (or Key Decision
Point B approval in the case of a space program) and continues
in such position until the delivery of the first production
units of such program.
(e) Limited Waiver Authority.--The Secretary may waive the
requirement in subsection (d)(3) that a program manager for the program
execution period of a defense acquisition program serve in that
position until the delivery of the first production units of such
program upon submitting to the congressional defense committees a
written determination that--
(1) such program is so complex, and the delivery of the
first production units will take so long, that it would not be
feasible for a single individual to serve as program manager
for the entire period covered by such subsection; and
(2) the complexity of such program, and length of time that
will be required to deliver the first production units, are not
the result of a failure to meet the certification requirements
established in section 2366a of title 10, United States Code.
SEC. 864. DEPARTMENT OF DEFENSE PLAN FOR CONTINGENCY PROGRAM
MANAGEMENT.
(a) Requirement.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall develop a plan
for the Department of Defense for contingency program management during
combat operations and post-conflict operations.
(b) Matters To Be Covered.--The plan of the Department of Defense
for contingency program management required by subsection (a) shall, at
a minimum, provide for--
(1) the designation of a senior executive service official
on the Joint Staff with the responsibility for administering
the plan;
(2) the assignment of a senior commissioned officer of the
Armed Forces with appropriate program management experience and
qualifications to act as head of contingency program management
during combat operations, post-conflict operations, and
contingency operations, who shall report directly to the
commander of the combatant command in whose area of
responsibility the operations occur;
(3) a preplanned organizational structure for contingency
program management that is designed to ensure that the
Department is prepared to conduct contingency program
management during combat operations and post-conflict
operations, including advance planning for--
(A) unified, agile program management processes and
procedures for an interagency and coalition
environment;
(B) standardized joint contract mechanisms with
clearly defined metrics;
(C) continuity of program and project management;
(D) identification of a deployable cadre of
experts, trained in processes required under paragraph
(4);
(E) required information technology resources and
reliable, interoperable connections and communications;
and
(F) coordination of program management operations
with the activities of commanders in the field;
(4) a requirement for the development of a training program
for contingency program management, including--
(A) comprehension of program management that
focuses on cost, scope, schedule, success metrices,
project oversight, and resource balancing;
(B) contracting options and rules;
(C) procedures for the Department on funding,
accountability and component and partner
responsibilities; and
(D) effective communications and rules for
coordination with commanders in the field; and
(5) a requirement for identification of hiring and
appointment authorities for rapid deployment of personnel under
this section to ensure the availability of key personnel for
sufficient lengths of time to provide for continuing of program
and project management.
(c) Utilization in Plan for Interagency Procedures for
Stabilization and Reconstruction Operations.--To the extent
practicable, the elements of the plan of the Department of Defense for
contingency program management required by subsection (a) shall be
taken into account in the development of the plan for the establishment
of interagency operating procedures for stabilization and
reconstruction operations required by section 1222.
SEC. 865. COMPTROLLER GENERAL REPORT.
Not later than February 1, 2007, the Comptroller General of the
United States shall submit to the congressional defense committees a
report on the actions taken by the Secretary of Defense to comply with
the requirements of this subtitle. The report shall include a
description of such actions and an assessment by the Comptroller
General of the effectiveness of such actions in meeting such
requirements.
Subtitle E--Other Matters
SEC. 871. 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 a defense
agency, the director of the defense agency'' after ``(41 U.S.C.
414(c))''; and
(2) in paragraph (3), by inserting ``or director of a
defense agency'' after ``executive''.
SEC. 872. 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. 873. ONE-YEAR EXTENSION OF INAPPLICABILITY OF CERTAIN LAWS TO
CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES.
Subsections (a)(2)(A) and (b)(2)(A) of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2021), as amended by section 848(a) of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3395), are each further amended by striking ``2006'' and
inserting ``2007''.
SEC. 874. PILOT PROGRAM ON EXPANDED USE OF MENTOR-PROTEGE AUTHORITY.
(a) Pilot Program Authorized.--The Secretary of Defense may carry
out a pilot program to assess the feasibility and advisability of
treating small business concerns described in subsection (b) as
disadvantaged small business concerns under the Mentor-Protege Program
under section 831 of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 2302 note).
(b) Covered Small Business Concerns.--The small business concerns
described in this subsection are small business concerns that--
(1) are participants in the Small Business Innovative
Research Program of the Department of Defense established
pursuant to section 9 of the Small Business Act (15 U.S.C.
638); and
(2) as determined by the Secretary, are developing
technologies that will assist in detecting or defeating
Improvised Explosive Devices (IEDs) or other critical force
protection measures.
(c) Treatment as Disadvantaged Small Business Concerns.--
(1) In general.--For purposes of the pilot program, the
Secretary may treat a small business concern described in
subsection (b) as a disadvantaged small business concern under
the Mentor-Protege Program.
(2) Mentor-protege agreement.--Any eligible business
concerned approved for participation in the Mentor-Protege
Program as a mentor firm may enter into a mentor-protege
agreement and provide assistance described in section 831 of
the National Defense Authorization Act for Fiscal Year 1991
with respect to a small business concern treated under
paragraph (1) as a disadvantaged small business concern under
the Mentor-Protege Program.
(d) Funding.--
(1) In general.--Notwithstanding the limitation in section
9(f)(2) of the Small Business Act (15 U.S.C. 638(f)(2)), funds
for any reimbursement provided to a mentor firm under section
831(g) of the National Defense Authorization Act for Fiscal
Year 1991 with respect to a small business concern described in
subsection (b) under the pilot program shall be derived from
funds available for the Small Business Innovative Research
Program of the Department of Defense.
(2) Limitation.--The amount available under paragraph (1)
for reimbursement described in that paragraph may not exceed
the amount equal to one percent of the funds available for the
Small Business Innovative Research Program.
(e) Sunset.--
(1) Agreements.--No mentor-protege agreement may be entered
into under the pilot program after September 30, 2010.
(2) Other matters.--No reimbursement may be paid, and no
credit toward the attainment of a subcontracting goal may be
granted, under the pilot program after September 30, 2013.
(f) Report.--Not later than March 1, 2009, the Secretary shall
submit to the appropriate committees of Congress a report on the pilot
program. The report shall--
(1) describe the extent to which mentor-protege agreements
have been entered under the pilot program; and
(2) describe and assess the technological benefits arising
under such agreements.
(g) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committees on Armed Services,
Appropriations, and Small Business and Entrepreneurship
of the Senate; and
(B) the Committees on Armed Services and
Appropriations of the House of Representatives.
(2) The term ``small business concern'' has the meaning
given that term in section 831(m)(1) of the National Defense
Authorization Act for Fiscal Year 1991.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Duties and Functions of Department of Defense Officers and
Organizations
SEC. 901. UNITED STATES MILITARY CANCER INSTITUTE.
(a) Establishment.--Chapter 104 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2117. United States Military Cancer Institute
``(a) Establishment.--The Secretary of Defense shall establish in
the University the United States Military Cancer Institute. The
Institute shall be established pursuant to regulations prescribed by
the Secretary.
``(b) Purposes.--The purposes of the Institute are as follows:
``(1) To establish and maintain a clearinghouse of data on
the incidence and prevalence of cancer among members and former
members of the armed forces.
``(2) To conduct research that contributes to the detection
or treatment of cancer among the members and former members of
the armed forces.
``(c) Head of Institute.--The Director of the United States
Military Cancer Institute is the head of the Institute. The Director
shall report to the President of the University regarding matters
relating to the Institute.
``(d) Elements.--(1) The Institute is composed of clinical and
basic scientists in the Department of Defense who have an expertise in
research, patient care, and education relating to oncology and who meet
applicable criteria for affiliation with the Institute.
``(2) The components of the Institute include military treatment
and research facilities that meet applicable criteria and are
designated as affiliates of the Institute.
``(e) Research.--(1) The Director of the United States Military
Cancer Institute shall carry out research studies on the following:
``(A) The epidemiological features of cancer, including
assessments of the carcinogenic effect of genetic and
environmental factors, and of disparities in health, inherent
or common among populations of various ethnic origins within
the members of the armed forces.
``(B) The prevention and early detection of cancer among
members and former members of the armed forces.
``(C) Basic, translational, and clinical investigation
matters relating to the matters described in subparagraphs (A)
and (B).
``(2) The research studies under paragraph (1) shall include
complementary research on oncologic nursing.
``(f) Collaborative Research.--The Director of the United States
Military Cancer Institute shall carry out the research studies under
subsection (e) in collaboration with other cancer research
organizations and entities selected by the Institute for purposes of
the research studies.
``(g) Annual Report.--(1) Not later than November 1 each year, the
Director of the United States Military Cancer Institute shall submit to
the President of the University a report on the current status of the
research studies being carried out by the Institute under subsection
(e).
``(2) Not later than 60 days after receiving a report under
paragraph (1), the President of the University shall transmit such
report to the Secretary of Defense and to Congress.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 104 of such title is amended by adding at the end the following
new item:
``2117. United States Military Cancer Institute.''.
SEC. 902. SENIOR ACQUISITION EXECUTIVE FOR SPECIAL OPERATIONS WITHIN
STAFF OF THE ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL
OPERATIONS AND LOW INTENSITY CONFLICT.
(a) Inclusion Within Staff.--The staff of the Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict under
section 138(b)(4) of title 10, United States Code, shall include a
senior acquisition executive for special operations.
(b) Duties.--The senior acquisition executive within the staff of
the Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict under subsection (a) shall conduct policy and
management oversight of the acquisition activities of the Special
Operations Command under section 167 of title 10, United States Code,
and shall have such other duties as the Assistant Secretary shall
designate.
SEC. 903. 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:
``Sec. 6222. United States Marine Band; United States Marine Drum and
Bugle Corps: composition; appointment 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.''.
(b) Clerical Amendment.--The table of sections at the beginning 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.''.
SEC. 904. MILITARY DEPUTIES TO THE ASSISTANT SECRETARIES OF THE
MILITARY DEPARTMENTS FOR ACQUISITION, LOGISTICS, AND
TECHNOLOGY MATTERS.
(a) Department of the Army.--
(1) Establishment of position.--There is hereby established
within the Department of the Army the position of Military
Deputy to the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology.
(2) Lieutenant general.--The individual serving in the
position of Military Deputy to the Assistant Secretary of the
Army for Acquisition, Logistics, and Technology shall be a
lieutenant general of the Army on active duty.
(3) Exclusion from grade and number limitations.--An
officer serving in the position of Military Deputy to the
Assistant Secretary of the Army for Acquisition, Logistics, and
Technology shall not be counted against the numbers and
percentages of officers of the Army of the grade of lieutenant
general.
(b) Department of the Navy.--
(1) Establishment of position.--There is hereby established
within the Department of the Navy the position of Military
Deputy to the Assistant Secretary of the Navy for Research,
Development, and Acquisition.
(2) Vice admiral.--The individual serving in the position
of Military Deputy to the Assistant Secretary of the Navy for
Research, Development, and Acquisition shall be a vice admiral
on active duty.
(3) Exclusion from grade and number limitations.--An
officer serving in the position of Military Deputy to the
Assistant Secretary of the Navy for Research, Development, and
Acquisition shall not be counted against the numbers and
percentages of officers of the grade of vice admiral.
(c) Department of the Air Force.--
(1) Establishment of position.--There is hereby established
within the Department of the Air Force the position of Military
Deputy to the Assistant Secretary of the Air Force for
Acquisition.
(2) Lieutenant general.--The individual serving in the
position of Military Deputy to the Assistant Secretary of the
Air Force for Acquisition shall be a lieutenant general of the
Air Force on active duty.
(3) Exclusion from grade and number limitations.--An
officer serving in the position of Military Deputy to the
Assistant Secretary of the Air Force for Acquisition shall not
be counted against the numbers and percentages of officers of
the Air Force of the grade of lieutenant general.
Subtitle B--Space Activities
SEC. 911. ESTABLISHMENT OF OPERATIONALLY RESPONSIVE SPACE CAPABILITIES.
(a) Findings.--Congress makes the following findings:
(1) Access to and use of space is critical for preserving
peace and protecting the national security, commercial, and
civil interests of the United States.
(2) Key priorities for the national security space
activities of the United States include improving the capacity
to support military operations worldwide and responding to
strategic military threats.
(3) To the maximum extent possible, space capabilities
should be integrated into the strategy, doctrine, operations,
and contingency plans of the Armed Forces of the United States.
(4) The commanders of the combatant commands should have
access to responsive space capabilities that provide prompt,
focused support in their theater of operations, which
capabilities should compliment other national and Department of
Defense space assets while providing direct and flexible
support to the warfighter on the battlefield.
(5) The United States Space Transportation Policy of
January 6, 2005, calls for the demonstration, before 2010, of
an initial capability for operationally responsive access to
and use of space to support the national security requirements
of the United States.
(b) Policy.--It is the policy of the United States--
(1) to demonstrate, acquire, and deploy an effective
capability for operationally responsive space to support the
warfighter from space; and
(2) that the capability described in paragraph (1) shall
consist of--
(A) responsive satellite payloads;
(B) inexpensive space launch vehicles and range
procedures that facilitate the timely launch of
satellites;
(C) common technical standards for satellite
busses; and
(D) a configuration of operations and command and
control capabilities that permit the warfighter to
exploit responsive space assets for combat operations.
(c) Operationally Responsive Space Hybrid Program Office.--
(1) In general.--The Secretary of Defense shall establish
within the Department of Defense an office to be known as the
Operationally Responsive Space Hybrid Program Office (in this
subsection referred to as the ``Office'').
(2) Elements.--The Office shall consist of elements of the
Department of Defense selected by the Secretary from among the
science and technology, acquisition, and operations elements of
the Department having the capacity to contribute to the
development of capabilities for operationally responsive space.
Such elements shall be selected so as to achieve a balanced
representation of the military departments in the Office in
order to ensure proper acknowledgment of joint considerations
in the activities of the Office.
(3) Organization of elements.--The elements of the Office
under paragraph (2) shall be organized by the Secretary into
divisions as follows:
(A) A science and technology division that shall
pursue innovative approaches to the development of
capabilities for operationally responsive space through
basic and applied research focused on payloads, bus,
and launch equipment.
(B) An acquisition division that shall undertake
the acquisition of systems necessary to procure,
integrate, sustain, and launch assets for operationally
responsive space.
(C) An operations division that shall--
(i) sustain and maintain assets for
operationally responsive space prior to launch;
(ii) integrate and launch such assets; and
(iii) operate such assets in orbit.
(D) A combatant command support division that shall
serve as the primary intermediary between the military
departments and the combatant commands on operationally
responsive space, including the integration of assets
for operationally responsive space into--
(i) the operations plans of the combatant
commands;
(ii) the training and tactics procedures of
the military departments; and
(iii) military exercises, demonstrations,
and war games.
(3) Accountability.--The head of the Office shall report to
the Executive Agent for Space of the Department of Defense
regarding the activities of Office under this subsection.
(4) Acquisition authority.--The acquisition activities of
the Office shall be subject to the following:
(A) The Executive Agent for Space of the Department
of Defense shall be the senior acquisition executive of
the Office.
(B) The Joint Capabilities Integration and
Development System process shall not apply to
acquisitions by the Office.
(C) The commander of the United States Strategic
Command, or a designate of the commander, shall--
(i) validate all system requirements for
systems to be acquired by the Office; and
(ii) participate in the approval of any
acquisition program initiated by the Office.
(D) The unit procurement cost of a launch vehicle
procured by the Office may not exceed $20,000,000.
(E) The unit procurement cost of an integrated
satellite procured by the Office may not exceed
$40,000,000.
(5) Adjustment of unit procurement cost limits.--The
Executive Agent for Space shall adjust the amounts specified in
subparagraphs (D) and (E) of paragraph (4) to take into account
the effects of inflation. Such adjustment shall take place once
every five years.
(d) Plan for Operationally Responsive Space.--
(1) Plan 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 setting
forth a plan for the acquisition by the Department of Defense
of capabilities for operationally responsive space to support
the warfighter.
(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 operationally responsive space.
(B) An identification of the capabilities required
by the Department to fulfill such mission.
(C) A description of the chain of command and
reporting structure of the Operationally Responsive
Space Hybrid Program Office under subsection (c).
(D) The security classification level required for
the Office in order to ensure that the Office carries
out its responsibilities under subsection (c) in a
proper and efficient manner.
(E) A description of the acquisition policies and
procedures applicable to the Office, including a
description of any legislative or administrative action
necessary to provide the Office additional acquisition
authority to carry out its responsibilities.
(F) A schedule for the implementation of the plan.
(G) The funding and personnel required to implement
the plan over the course of the current future-years
defense program under section 221 of title 10, United
States Code.
(e) Definitions.--In this section:
(1) The term ``operationally responsive space'' means the
development and launch of space assets upon demand in a low-
cost manner.
(2) The term ``procurement unit cost'' has the meaning
given that term in section 2432(a) of title 10, United States
Code.
SEC. 912. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON PROVISION OF
SPACE SURVEILLANCE NETWORK SERVICES TO NON-UNITED STATES
GOVERNMENT ENTITIES.
Section 2274(i) of title 10, United States Code, is amended by
striking ``shall be conducted during the three-year period beginning on
a date specified by the Secretary of Defense, which date shall be not
later than 180 days after the date of the enactment of this section''
and inserting ``may be conducted through September 30, 2009''.
SEC. 913. INDEPENDENT REVIEW AND ASSESSMENT OF DEPARTMENT OF DEFENSE
ORGANIZATION AND MANAGEMENT FOR NATIONAL SECURITY IN
SPACE.
(a) Independent Review and Assessment Required.--
(1) In general.--The Secretary of Defense shall provide for
an independent review and assessment of the organization and
management of the Department of Defense for national security
in space.
(2) Conduct of review.--The review and assessment shall be
conducted by an appropriate entity outside the Department of
Defense selected by the Secretary for purposes of this section.
(3) Elements.--The review and assessment shall address the
following:
(A) The requirements of the Department of Defense
for national security space capabilities, as identified
by the Department, and the efforts of the Department to
fulfill such requirements.
(B) The future space missions of the Department,
and the plans of the Department to meet the future
space missions.
(C) 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:
(i) Actions to exploit existing and planned
military space assets to provide support for
United States military operations.
(ii) Actions to improve or enhance current
interagency coordination processes regarding
the operation of national security space
assets, including improvements or enhancements
in interoperability and communications.
(iii) 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'').
(iv) Actions to improve or enhance the
manner in which military space issues are
addressed by professional military education
institutions.
(4) Liaison.--The Secretary shall designate at least one
senior civilian employee of the Department of Defense, and at
least one general or flag officer of an Armed Force, to serve
as liaison between the Department, the Armed Forces, and the
entity conducting the review and assessment.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the entity conducting the review and
assessment shall submit to the Secretary and the congressional
defense committees a report on the review and assessment.
(2) Elements.--The report shall include--
(A) the results of the review and assessment; and
(B) recommendations on the best means by which the
Department may improve its organization and management
for national security in space.
Subtitle C--Other Matters
SEC. 921. DEPARTMENT OF DEFENSE POLICY ON UNMANNED SYSTEMS.
(a) Policy Required.--The Secretary of Defense shall, in
consultation with the Chairman of the Joint Chiefs of Staff, develop a
policy 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
the following:
(1) Mission requirements (including mission requirements
for the military departments and joint mission requirements)
for unmanned systems to replace manned systems in the
performance of routine or dangerous missions.
(2) A strategy and schedules for the replacement of manned
systems with unmanned systems in the performance of such
missions.
(3) Preference for joint unmanned systems in acquisition
programs 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.
(4) Joint development and procurement of unmanned systems
and components.
(5) A strategy for the divestment of the military
department unmanned systems unique to a particular department
with a preference for joint unmanned systems.
(6) Programs to address technical, operational, and
production challenges, and gaps in capabilities, with respect
to unmanned systems.
(7) An organizational structure for effective management,
coordination, and budgeting for the development and procurement
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 executive agent
for the Department on unmanned systems.
(8) Requirements for the integration of unmanned and manned
missions.
(9) Requirements in order to satisfy the goals for 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).
(c) Report.--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 setting forth the policy required by
subsection (a).
SEC. 922. EXECUTIVE SCHEDULE LEVEL IV FOR DEPUTY UNDER SECRETARY 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 Readiness the
following new item:
``Deputy Under Secretary of Defense for Logistics and
Materiel 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. 923. THREE-YEAR EXTENSION OF JOINT INCENTIVES PROGRAM ON SHARING
OF HEALTH CARE RESOURCES BY THE DEPARTMENT OF DEFENSE AND
DEPARTMENT OF VETERANS AFFAIRS.
Section 8111(d)(4) of title 38, United States Code, is amended by
striking ``September 30, 2007'' and inserting ``September 30, 2010''.
SEC. 924. SENSE OF SENATE ON NOMINATION OF INDIVIDUAL TO SERVE AS
DIRECTOR OF OPERATIONAL TEST AND EVALUATION ON A
PERMANENT BASIS.
(a) Findings.--The Senate makes the following findings:
(1) Congress established the position of Director of
Operational Test and Evaluation of the Department of Defense in
1983 to ensure the operational effectiveness and suitability of
weapon systems in combat.
(2) The Director of Operational Test and Evaluation serves
as the principal adviser to the Secretary of Defense on
operational test and evaluation and is vital to ensuring the
operational effectiveness of weapon systems in combat.
(3) The position of Director of Operational Test and
Evaluation has been held on an acting basis since February 15,
2005.
(b) Sense of Senate.--It is the sense of the Senate that the
President should submit to the Senate the nomination of an individual
for the position of Director of Operational Test and Evaluation as soon
as practicable.
SEC. 925. INCLUSION OF HOMELAND DEFENSE AND CIVIL SUPPORT MISSIONS OF
THE NATIONAL GUARD AND RESERVES IN THE QUADRENNIAL
DEFENSE REVIEW.
Section 118(d) of title 10, United States Code, is amended--
(1) by redesignating paragraph (15) as paragraph (16); and
(2) by inserting after paragraph (14) the following new
paragraph (15):
``(15) The homeland defense mission and civil support
missions of the active and reserve components of the armed
forces, including the organization and capabilities required
for the active and reserve components to discharge each such
mission.''.
SEC. 926. REFORMS TO THE DEFENSE TRAVEL SYSTEM TO A FEE-FOR-USE-OF-
SERVICE SYSTEM.
No later than one year after the enactment of this Act, the
Secretary of Defense may not obligate or expend any funds related to
the Defense Travel System except those funds obtained through a one-
time, fixed price service fee per Department of Defense customer
utilizing the system with an additional fixed fee for each transaction.
SEC. 927. REPORT ON INCORPORATION OF ELEMENTS OF THE RESERVE COMPONENTS
INTO THE SPECIAL FORCES.
(a) Findings.--The Senate makes the following findings:
(1) The Quadrennial Defense Review recommends an increase
in the size of the Special Operations Command and the Special
Forces as a fundamental part of our efforts to fight the war on
terror.
(2) The Special Forces play a crucial role in the war on
terror, and the expansion of their force structure as outlined
in the Quadrennial Defense Review should be fully funded.
(3) Expansion of the Special Forces should be consistent
with the Total Force Policy.
(4) The Secretary of Defense should assess whether the
establishment of additional reserve component Special Forces
units and associated units is consistent with the Total Force
Policy.
(5) Training areas in high-altitude and mountainous areas
represent a national asset for preparing Special Forces units
and personnel for duty in similar regions of Central Asia.
(b) Report on Incorporation of Elements Into Special Forces.--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 to address whether units and capabilities should be
incorporated into the reserve components of the Armed Forces as part of
the expansion of the Special Forces as outlined in the Quadrennial
Defense Review, and consistent with the Total Force Policy.
(c) Report on Special Forces Training.--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 on the
effort taken by the United States Special Operations Command to provide
Special Forces training in high-altitude and mountainous areas within
the United States.
Subtitle D--National Guard Bureau Matters
SEC. 931. SHORT TITLE.
This title may be cited as the ``National Defense Enhancement and
National Guard Empowerment Act of 2006''.
SEC. 932. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD BUREAU AND
EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU.
(a) Expanded Authority.--
(1) In general.--Subsection (a) of section 10501 of title
10, United States Code, is amended by striking ``joint bureau
of the Department of the Army and the Department of the Air
Force'' and inserting ``joint activity of the Department of
Defense''.
(2) Purpose.--Subsection (b) of such section is amended by
striking ``between'' and all that follows and inserting
``between--
``(1)(A) the Secretary of Defense, the Joint Chiefs of
Staff, and the commanders of the combatant commands for the
United States, and (B) the Department of the Army and the
Department of the Air Force; and
``(2) the several States.''.
(b) Enhancements of Position of Chief of the National Guard
Bureau.--
(1) Advisory function on national guard matters.--
Subsection (c) of section 10502 of title 10, United States
Code, is amended by inserting ``to the Secretary of Defense, to
the Chairman of the Joint Chiefs of Staff,'' after ``principal
advisor''.
(2) Grade.--Subsection (e) of such section, as redesignated
by paragraph (2)(A)(i) of this subsection, is further amended
by striking ``lieutenant general'' and inserting ``general''.
(3) Annual report to congress on validated requirements.--
Section 10504 of such title is amended by adding at the end the
following new subsection:
``(c) Annual Report on Validated Requirements.--Not later than
December 31 each year, the Chief of the National Guard Bureau shall
submit to Congress a report on the requirements validated under section
10503a(b)(1) of this title during the preceding fiscal year.''.
(c) Enhancement of Functions of National Guard Bureau.--
(1) Development of charter.--Section 10503 of title 10,
United States Code, is amended--
(A) in the matter preceding paragraph (1), by
striking ``The Secretary of the Army and the Secretary
of the Air Force shall jointly develop'' and inserting
``The Secretary of Defense, in consultation with the
Secretary of the Army and the Secretary of the Air
Force, shall develop''; and
(B) in paragraph (12), by striking ``the
Secretaries'' and inserting ``the Secretary of
Defense''.
(2) Additional general functions.--Such section is further
amended--
(A) by redesignating paragraph (12), as amended by
paragraph (1)(B) of this subsection, as paragraph (13);
and
(B) by inserting after paragraph (11) the following
new paragraph (12):
``(12) Facilitating and coordinating with other Federal
agencies, and with the several States, the use of National
Guard personnel and resources for and in contingency
operations, military operations other than war, natural
disasters, support of civil authorities, and other
circumstances.''.
(3) Military assistance for civil authorities.--Chapter
1011 of such title is further amended by inserting after
section 10503 the following new section:
``Sec. 10503a. Functions of National Guard Bureau: military assistance
to civil authorities
``(a) Identification of Additional Necessary Assistance.--The Chief
of the National Guard Bureau shall--
``(1) identify gaps between Federal and State capabilities
to prepare for and respond to emergencies; and
``(2) make recommendations to the Secretary of Defense on
programs and activities of the National Guard for military
assistance to civil authorities to address such gaps.
``(b) Scope of Responsibilities.--In meeting the requirements of
subsection (a), the Chief of the National Guard Bureau shall, in
coordination with the Adjutant Generals of the States, have
responsibilities as follows:
``(1) To validate the requirements of the several States
and Territories with respect to military assistance to civil
authorities.
``(2) To develop doctrine and training requirements
relating to the provision of military assistance to civil
authorities.
``(3) To administer amounts provided the National Guard for
the provision of military assistance to civil authorities.
``(4) To carry out any other responsibility relating to the
provision of military assistance to civil authorities as the
Secretary of Defense shall specify.
``(c) Assistance.--The Chairman of the Joint Chiefs of Staff shall
assist the Chief of the National Guard Bureau in carrying out
activities under this section.
``(d) Consultation.--The Chief of the National Guard Bureau shall
carry out activities under this section in consultation with the
Secretary of the Army and the Secretary of the Air Force.''.
(4) Limitation on increase in personnel of national guard
bureau.--The Secretary of Defense shall, to the extent
practicable, ensure that no additional personnel are assigned
to the National Guard Bureau in order to address administrative
or other requirements arising out of the amendments made by
this subsection.
(d) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of section 10503 of
such title is amended to read as follows:
``Sec. 10503. Functions of National Guard Bureau: charter''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1011 of such title is amended by striking
the item relating to section 10503 and inserting the following
new items:
``10503. Functions of National Guard Bureau: charter.
``10503a. Functions of National Guard Bureau: military assistance to
civil authorities.''.
SEC. 933. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF THE UNITED
STATES NORTHERN COMMAND BE FILLED BY A QUALIFIED NATIONAL
GUARD OFFICER.
(a) In General.--The position of Deputy Commander of the United
States Northern Command shall be filled by a qualified officer of the
National Guard who is eligible for promotion to the grade of lieutenant
general.
(b) Purpose.--The purpose of the requirement in subsection (a) is
to ensure that information received from the National Guard Bureau
regarding the operation of the National Guard of the several States is
integrated into the plans and operations of the United States Northern
Command.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. 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) Aggregate limitation.--The total amount of
authorizations that the Secretary may transfer under the
authority of this section may not exceed $4,000,000,000.
(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 SUPPLEMENTAL
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 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 II of the
Emergency Supplemental 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, 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 appropriated
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
$951,469,000.
(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 pursuant 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 contributed 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 appropriated 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:
(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. 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''.
SEC. 1007. 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:
``Sec. 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 title 31.''.
(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.--
(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 regulations.--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 the provisions
of section 2773b of title 10, United States Code (as added by
subsection (a)).
SEC. 1008. INCORPORATION OF CLASSIFIED ANNEX.
(a) Status of Classified Annex.--The Classified Annex prepared by
the Committee on Armed Services of the Senate to accompany S. 2766 of
the 109th Congress and transmitted to the President is hereby
incorporated into this Act.
(b) Construction With Other Provisions of Act.--The amounts
specified in the Classified Annex are not in addition to amounts
authorized to be appropriated by other provisions of this Act.
(c) Limitation on Use of Funds.--Funds appropriated pursuant to an
authorization contained in this Act that are made available for a
program, project, or activity referred to in the Classified Annex may
only be expended for such program, project, or activity in accordance
with such terms, conditions, limitations, restrictions, and
requirements as are set out for such program, project, or activity in
the Classified Annex.
(d) Distribution of Classified Annex.--The President shall provide
for appropriate distribution of the Classified Annex, or of appropriate
portions of the annex, within the executive branch of the Government.
SEC. 1009. REPORTS TO CONGRESS AND NOTICE TO PUBLIC ON EARMARKS IN
FUNDS AVAILABLE TO THE DEPARTMENT OF DEFENSE.
(a) Annual Report and Notice Required.--The Secretary of Defense
shall submit to Congress, and post on the Internet website of the
Department of Defense available to the public, each year information as
follows:
(1) A description of each earmark of funds made available
to the Department of Defense for the previous fiscal year,
including the location (by city, State, country, and
congressional district if relevant) in which the earmarked
funds are to be utilized, the purpose of such earmark (if
known), and the recipient of such earmark.
(2) The total cost of administering each such earmark
including the amount of such earmark, staff time,
administrative expenses, and other costs.
(3) The total cost of administering all such earmarks.
(4) An assessment of the utility of each such earmark in
meeting the goals of the Department, set forth using a rating
system as follows:
(A) A for an earmark that directly advances the
primary goals of the Department or an agency, element,
or component of the Department.
(B) B for an earmark that advances many of the
primary goals of the Department or an agency, element,
or component of the Department.
(C) C for an earmark that may advance some of the
primary goals of the Department or an agency, element,
or component of the Department.
(D) D for an earmark that cannot be demonstrated as
being cost-effective in advancing the primary goals of
the Department or any agency, element, or component of
the Department.
(E) F for an earmark that distracts from or
otherwise impedes that capacity of the Department to
meet the primary goals of the Department.
(b) Earmark Defined.--In this section, the term ``earmark'' means a
provision of law, or a directive contained within a joint explanatory
statement or report accompanying a conference report or bill (as
applicable), that specifies the identity of an entity, program,
project, or service, including a defense system, to receive assistance
not requested by the President and the amount of the assistance to be
so received.
Subtitle B--Naval Vessels
SEC. 1011. REPEAL OF REQUIREMENT FOR 12 OPERATIONAL AIRCRAFT CARRIERS
WITHIN THE NAVY.
Section 5062 of title 10, United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 1012. APPROVAL OF TRANSFER OF NAVAL VESSELS TO FOREIGN NATIONS BY
VESSEL CLASS.
Section 7307(a) of title 10, United States Code, is amended by
inserting ``or vessel of that class'' after ``that vessel''.
SEC. 1013. NAMING OF CVN-78 AIRCRAFT CARRIER AS THE U.S.S. GERALD 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.
(2) Gerald R. Ford joined the United States 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) The U.S.S. Monterey earned 10 battle stars, awarded for
participation in battle, while Gerald R. Ford served on the
vessel.
(4) Gerald R. Ford was first elected to the House of
Representatives in 1948.
(5) In the course of 25 years of service in the House of
Representatives, Gerald R. Ford distinguished himself by his
exemplary record for character, decency, and trustworthiness.
(6) Throughout his service in Congress, 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 with
the overwhelming support of Congress.
(9) From 1974 to 1976, Gerald R. Ford served as the 38th
President of the United States, taking office during one of the
most challenging periods in the history of the United States
and restoring the faith of the people of the United States in
the office of the President through his steady leadership,
courage, and ultimate integrity.
(10) President Gerald R. Ford helped restore the prestige
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.
(11) President Gerald R. Ford served as Commander in Chief
of the Armed Forces of the United States with great dignity,
supporting a strong Navy and a global military presence for the
United State and honoring the men and women of the Armed Forces
of the United States.
(12) 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.
(13) Gerald R. Ford was awarded the Medal of Freedom and
the Congressional Gold Medal in 1999 in recognition of his
contribution to the Nation.
(14) 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.--CVN-78, a nuclear powered
aircraft carrier of the Navy, shall be named the U.S.S. Gerald Ford.
SEC. 1014. AUTHORITY TO DONATE SS ARTHUR M. HUDDELL TO THE GOVERNMENT
OF GREECE.
(a) Findings.--Congress makes the following findings:
(1) It is in the economic and environmental interests of
the United States to promote the disposal of vessels in the
National Defense Reserve Fleet that are of insufficient value
to warrant further preservation.
(2) The Maritime Administration of the Department of
Transportation has been authorized to make such disposals,
including the sale and recycling of such vessels and the
donation of such vessels to any State, commonwealth, or
possession of the United States, and to nonprofit
organizations.
(3) The government of Greece has expressed an interest in
obtaining and using the ex-Liberty ship, SS ARTHUR M. HUDDELL,
for purposes of a museum exhibit.
(4) It is in the interest of the United States to authorize
the Maritime Administration to donate SS ARTHUR M. HUDDELL to
Greece.
(b) Donation of SS ARTHUR M. HUDDELL to Government of Greece.--
Notwithstanding Section 510(j) of the Merchant Marine Act, 1936 (46
App. U.S.C. 1158), the Secretary of Transportation is authorized to
transfer SS ARTHUR M. HUDDELL, by gift, to the Government of Greece, in
accordance with terms and conditions determined by the Secretary.
(c) Additional Equipment.--The Secretary may convey additional
equipment from other obsolete vessels of the National Defense Reserve
Fleet to assist the Government of Greece under this section for
purposes of the museum exhibit referred to in subsection (a)(3).
Subtitle C--Counterdrug Matters
SEC. 1021. EXTENSION OF AVAILABILITY OF FUNDS FOR 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 ``2005 and 2006'' and
inserting ``2005 through 2008''; and
(2) in subsection (c), by striking ``2005 and 2006'' and
inserting ``2005 through 2008''.
SEC. 1022. 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. 1023. EXTENSION AND EXPANSION OF CERTAIN AUTHORITIES TO PROVIDE
ADDITIONAL SUPPORT FOR COUNTERDRUG ACTIVITIES.
(a) Concurrence of Secretary of State in Provision of Support.--
Paragraph (1) 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
further amended by striking ``shall consult with'' and inserting
``shall seek the concurrence of''.
(b) Extension of Authority.--Paragraph (2) of such subsection is
amended by striking ``September 30, 2006'' and inserting ``September
30, 2008''.
(c) Additional Governments Eligible To Receive Support.--Subsection
(b) of such section 1033, as so amended, is further 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 Niger.
``(15) The Government of Mauritania.
``(16) The Government of Mali.
``(17) The Government of Chad.
``(18) The Government of Indonesia.
``(19) The Government of Philippines.
``(20) The Government of Thailand.
``(21) The Government of Malaysia.
``(22) The Government of Guatemala.
``(23) The Government of Belize.
``(24) The Government of Panama.''.
(d) Types of Support.--Subsection (c)(2) of such section 1033, as
so amended, is further amended by inserting ``, vehicles, and, subject
to section 484(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291c(a)), aircraft, and detection, interception, monitoring, and
testing equipment'' after ``patrol boats''.
(e) Maximum Annual Amount of Support.--Subsection (e)(2) of such
section 1033, as so amended, is further 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 $80,000,000 during any of the fiscal years
2007 through 2008''.
(f) Annual Report on Support Provided to Additional Governments.--
Such section 1033 is further amended by adding at the end the following
new subsection:
``(i) Annual Report on Support Provided to Certain Governments.--
Not later than November 30 each year through 2008, the Secretary of
Defense shall submit to the congressional defense committees and the
Committee on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives a comprehensive
report on the support provided under this section during the preceding
fiscal year to each government referred to in paragraphs (1) through
(24) of subsection (b).''.
SEC. 1024. OPERATION BAHAMAS, TURKS & CAICOS.
(a) Findings.--Congress makes the following findings:
(1) In 1982 the United States Government created Operation
Bahamas, Turks & Caicos (OPBAT) to counter the smuggling of
cocaine into the United States.
(2) According to the Drug Enforcement Agency, an estimated
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
marijuana have been seized in Operation Bahamas, Turks & Caicos
since 1986, with a combined street value of approximately two
trillion dollars.
(4) The Army has provided military airlift to law
enforcement 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
approximately 700 islands and keys, which makes aviation assets
the best and most efficient method of transporting law
enforcement 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 Department 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.
(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 withdrawn.
(C) An explanation of how each option specified
under subparagraph (B) will provide the capability
currently provided 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
advantages 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--Defense Intelligence and Related Matters
SEC. 1031. TWO-YEAR EXTENSION OF AUTHORITY 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, 2008''.
SEC. 1032. ANNUAL REPORT ON INTELLIGENCE OVERSIGHT ACTIVITIES OF THE
DEPARTMENT OF DEFENSE.
(a) Annual Report Required.--Not later than March 1, 2007, and
annually thereafter, the Secretary of Defense shall submit to the
congressional defense committees and the congressional intelligence
committees a report on the intelligence oversight activities of the
Department of Defense during the previous calendar year.
(b) Elements.--Each report under subsection (a) shall include, for
the calendar year covered by such report, the following:
(1) A description of any questionable intelligence activity
that came 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 description 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--
(A) any program for the intelligence oversight
activities of the Department of Defense, including any
training program; or
(B) any published directive or policy memoranda on
the intelligence or intelligence-related activities
of--
(i) any military department;
(ii) any combat support agency; or
(iii) any field operating agency.
(c) Definitions.--In this section:
(1) The term ``combat support agency'' has the meaning
given that term in section 193(f) of title 10, United States
Code.
(2) The term ``congressional intelligence committees'' has
the meaning given that term in section 3(7) of the National
Security Act of 1947 (50 U.S.C. 401a(7)).
(3) The term ``field operating agency'' means a specialized
subdivision of the Department of Defense that carries out
activities under the operational control of the Department.
(4) 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 instructions
on the intelligence and intelligence-related activities of the
Department under law or any Executive order or Presidential
directive (including Executive Order No. 12333).
(5) The term ``questionable intelligence activity'' means
an intelligence or intelligence-related activity of the
Department of Defense that may violate the law or any Executive
order or Presidential directive (including Executive Order No.
12333).
SEC. 1033. 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 Intelligence
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) Discharge of Project.--Subsection (a) of such section is
further amended by adding at the end the following new sentence: ``The
Secretary shall carry out the pilot project through the National
Security Education Program.''.
(c) Repeal of Specification of Duration of Project.--Such section
is further amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(d) Modification of Report Requirements.--Subsection (d) of such
section, as redesignated by subsection (b) of this section, is further
amended--
(1) in paragraph (1), by striking ``an initial and a final
report'' and inserting ``a report'';
(2) in paragraph (2), by striking ``Each report'' and
inserting ``The report''; and
(3) in paragraph (3), by striking ``final report'' and
inserting ``report required under paragraph (1)''.
(e) Repeal of Superseded Authorization.--Such section is further
amended by striking subsection (f).
SEC. 1034. IMPROVEMENT OF AUTHORITIES ON THE NATIONAL SECURITY
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 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
Department of Homeland Security, or the Department of
State;
``(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
demonstrates to the Secretary that no position is
available in the departments and agencies covered by
clause (i); or
``(iii) for not less than one academic year in a
position in the field of education in a discipline
related to the study supported by the program if the
recipient demonstrates to the Secretary of Defense that
no position is available in the departments, agencies,
and offices covered by clauses (i) and (ii); or
``(B) will (in accordance with such regulations) begin work
not later than two years after the recipient's completion 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
Department of Homeland Security, or the Department of
State;
``(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
demonstrates to the Secretary that no position is
available in the departments and agencies covered by
clause (i); or
``(iii) for not less than one academic year in a
position in the field of education in a discipline
related to the study supported by the program if the
recipient demonstrates to the Secretary of Defense that
no position is available in the departments, agencies,
and offices covered by clauses (i) and (ii); and''.
(b) Temporary Employment and Retention of Certain Participants.--
Such section is further amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Temporary Employment and Retention of Certain Participants.--
``(1) In general.--The Secretary of Defense may--
``(A) appoint or retain a person provided
scholarship or fellowship assistance under the program
in a position in the Department of 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--
``(i) there is no appropriate permanent
position for the person under subsection
(b)(2)(A); and
``(ii) there is an active and ongoing
effort to identify and assign the person to an
appropriate permanent position as soon as
possible; and
``(B) if there is no appropriate permanent position
available for the person after the end of the periods
described in subparagraph (A), 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. 1035. 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
established 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.
``(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).''.
SEC. 1036. FUNDING FOR A CERTAIN MILITARY INTELLIGENCE PROGRAM.
(a) Increase in Amount for Research, Development, Test, and
Evaluation, Defense-Wide.--The amount authorized to be appropriated by
section 201(4) for research, development, test, and evaluation for
Defense-wide activities is hereby increased by $450,000,000.
(b) Offset.--The amount authorized to be appropriated by section
201(3) for research, development, test, and evaluation for the Air
Force is hereby decreased by $450,000,000, with the amount of the
reduction to be allocated to amounts available for a classified program
as described on page 34 of Volume VII (Compartmented Annex) of the
Fiscal Year 2007 Military Intelligence Program justification book.
Subtitle E--Defense Against Terrorism and Related Security Matters
SEC. 1041. ENHANCEMENT OF AUTHORITY TO PAY MONETARY REWARDS FOR
ASSISTANCE IN COMBATING TERRORISM.
Section 127b(c) of title 10, United States Code, is amended--
(1) in paragraph (1)(B), by inserting ``, or to a
subcommander of a combatant command designated by the commander
of the combatant command and approved by an Under Secretary of
Defense to whom such authority is delegated under subparagraph
(A),'' after ``combatant command''; and
(2) in paragraph (2), by striking ``$2,500'' and inserting
``$10,000''.
SEC. 1042. USE OF THE ARMED FORCES IN MAJOR PUBLIC EMERGENCIES.
(a) Use of the Armed Forces Authorized.--
(1) In general.--Section 333 of title 10, United States
Code, is amended to read as follows:
``Sec. 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
insurrection, 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
``(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 the 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 such 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 table of chapters at the
beginning of subtitle A of title 10, United States Code, and at
the beginning of part I of such subtitle, are each amended by
striking the item relating to chapter 15 and inserting the
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:
``Sec. 2567. Provision of supplies, services, and equipment in major
public emergencies
``(a) Provision Authorized.--In any situation in which the
President determines to exercise the authority in section 333(a)(1)(A)
of this title, the President may direct the Secretary of Defense to
provide supplies, services, and equipment to persons affected by the
situation.
``(b) Covered Supplies, Services, and Equipment.--The supplies,
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 preservation 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.
``(2) The Secretary may provide supplies, services, and equipment
under this section only to the extent that the Secretary determines
that doing so will not interfere with military preparedness 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. Provision of supplies, services, and equipment in major public
emergencies.''.
(c) Conforming Amendments.--Section 12304(c) of such title is
amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively.
SEC. 1043. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF CERTAIN
CONFIDENTIAL 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 involved in the prevention, interdiction, or disruption of,
or response to, terrorist activity shall not be subject to disclosure
under section 552 of title 5, United States Code (commonly referred to
as the ``Freedom of Information Act''), by virtue of the sharing of
such information with such personnel.
SEC. 1044. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN
LAND BORDER OF THE UNITED STATES.
(a) Authority To Provide Assistance.--(1) With the approval of the
Secretary of Defense, the Governor of a State may order any units or
personnel of the National Guard of such State to annual training duty
under section 502(a) of title 32, United States Code, to carry out in
any State along the southern land border of the United States the
activities authorized in subsection (b) for the purpose of securing
such border. Such duty shall not exceed 21 days in any year.
(2) With the approval of the Secretary of Defense, the Governor of
a State may order any units or personnel of the National Guard of such
State to perform duty under section 502(f) of title 32, United States
Code, to provide command, control, and continuity of support for units
and personnel performing annual training duty under paragraph (1).
(b) Authorized Activities.--The activities authorized by this
subsection are the following:
(1) Ground surveillance activities.
(2) Airborne surveillance activities.
(3) Logistical support.
(4) Provision of translation services and training.
(5) Provision of administrative support services.
(6) Provision of technical training services.
(7) Provision of emergency medical assistance and services.
(8) Provision of communications services.
(9) Rescue of aliens in peril.
(10) Construction of roadways, patrol roads, fences,
barriers, and other facilities to secure the southern land
border of the United States.
(11) Ground and air transportation.
(c) Cooperative Agreements.--Units and personnel of the National
Guard of a State may perform activities in another State under
subsection (a) only pursuant to the terms of an emergency management
assistance compact or other cooperative arrangement entered into
between the Governors of such States for purposes of this section, and
only with the approval of the Secretary of Defense.
(d) Coordination of Assistance.--The Secretary of Homeland Security
shall, in consultation with the Secretary of Defense and the Governors
of the States concerned, coordinate the performance of activities under
this section by units and personnel of the National Guard.
(e) Annual Training.--Annual training duty performed by members of
the National Guard under this section shall be appropriate for the
units and individual members concerned, taking into account the types
of units and military occupational specialties of individual members
performing such duty.
(f) Prohibition on Direct Participation in Law Enforcement.--
Activities carried out under this section shall not include the direct
participation of a member of the National Guard in a search, seizure,
arrest, or similar activity.
(g) Duration of Authority.--The authority of this section shall
expire on January 1, 2009.
(h) Definitions.--In this section:
(1) The term ``Governor of a State'' means, in the case of
the District of Columbia, the Commanding General of the
National Guard of the District of Columbia.
(2) The term ``State'' means each of the several States and
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, and the Virgin Islands.
(3) The term ``State along the southern land border of the
United States'' means each of the following:
(A) The State of Arizona.
(B) The State of California.
(C) The State of New Mexico.
(D) The State of Texas.
Subtitle F--Miscellaneous Authorities 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:
``Sec. 2262. Department of Defense conferences: collection of fees to
cover Department of Defense costs
``(a) In General.--(1) The Secretary of Defense may, whether
directly or by contract, collect fees from any individual or commercial
participant in a conference, seminar, exhibition, symposium, or similar
meeting (in this section referred to collectively as a `conference')
conducted by the Department of Defense.
``(2) Fees may be collected with respect to a conference under this
subsection in advance of the conference.
``(3) The total amount of fees collected under this subsection with
respect to a conference may not exceed the costs of the Department of
Defense with respect to the conference.
``(b) Treatment of Collections.--(1) Amounts collected under
subsection (a) with respect to a conference shall be credited to the
appropriation or account from which the costs of the conference are
paid.
``(2) In the event the total amount of fees collected with respect
to a conference exceeds the costs of the Department with respect to the
conference, the amount of such excess shall be deposited into the
Treasury as miscellaneous receipts.
``(3) Amounts credited to an appropriation or account under
paragraph (1) with respect to a conference shall be available to pay
the costs of the Department with respect to the conference or to
reimburse the Department for costs incurred with respect to the
conference.
``(c) Annual Reports.--(1) Each year, not later than 45 days after
the President submits to Congress the budget for a fiscal year under
section 1105 of title 31, the Secretary shall submit to the
congressional defense committees budget justification documents
summarizing the use of the authority under this section.
``(2) Each report under this subsection shall include the
following:
``(A) A list of conferences during the last two calendar
years for which fees were collected under subsection (a).
``(B) For each conference listed under subparagraph (A)--
``(i) The estimated costs of the Department for
such conference.
``(ii) The actual costs of the Department for such
conference, including a separate statement of the
amount of any conference coordinator fees associated
with such conference.
``(iii) The amount for collected under subsection
(a) for such conference.
``(C) An estimate of the number of conferences to be
conducted in the calendar year of such report for which the
Department will collect fees under subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 134 of such title is amended by adding at the
end the following new item:
``2262. Department of Defense conferences: collection of fees to cover
Department of Defense costs.''.
SEC. 1052. MINIMUM ANNUAL PURCHASE AMOUNTS FOR AIRLIFT FROM CARRIERS
PARTICIPATING IN THE CIVIL RESERVE AIR FLEET.
(a) In General.--Chapter 931 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 9515. Airlift services: minimum annual purchase amount for
carriers participating in Civil Reserve Air Fleet
``(a) In General.--The Secretary of Defense may award to air
carriers participating in the Civil Reserve Air Fleet on a fiscal year
basis a one-year contract for airlift services with a minimum purchase
amount determined in accordance with this section.
``(b) Minimum Purchase Amount.--(1) The aggregate amount of the
minimum purchase amount for all contracts awarded under subsection (a)
for a fiscal year shall be based on forecast needs, but may not exceed
the amount equal to 80 percent of the annual average expenditure of the
Department of Defense for airlift during the five-fiscal year period
ending in the fiscal year before the fiscal year for which such
contracts are awarded.
``(2) In calculating the annual average expenditure of the
Department of Defense for airlift for purposes of paragraph (1), the
Secretary of Defense may omit from the calculation any fiscal year
exhibiting unusually high demand for airlift if the Secretary
determines that the omission of such fiscal year from the calculation
will result in a more accurate forecast of anticipated airlift for
purposes of that paragraph.
``(3) The aggregate amount of the minimum purchase amount for all
contracts awarded under subsection (a) for a fiscal year, as determined
under paragraph (1), shall be allocated among all carriers awarded
contracts under that subsection for such fiscal year in proportion to
the commitments of such carriers to the Civil Reserve Air Fleet for
such fiscal year.
``(c) Adjustment to Minimum Purchase Amount for Periods of
Unavailability of Airlift.--In determining the minimum purchase amount
payable under a contract under subsection (a) for airlift provided by a
carrier during the fiscal year covered by such contract, the Secretary
of Defense may adjust the amount allocated to the carrier under
subsection (b)(3) to take into account periods during such fiscal year
when services of the carrier are unavailable for usage by the
Department of Defense, including during periods of refused business or
suspended operations or when the carrier is placed in nonuse status
pursuant to section 2640 of this title for safety issues.
``(d) Distribution of Amounts.--If any amount available under this
section for the minimum purchase of airlift from a carrier for a fiscal
year under a contract under subsection (a) is not utilized to purchase
airlift from the carrier in such fiscal year, such amount shall be
provided to the carrier prior to the first day of the following fiscal
year.
``(e) Transfer of Funds.--At the beginning of each fiscal year, the
Secretary of each military department shall transfer to the
transportation working capital fund a percentage of the total amount
anticipated to be required in such fiscal year for payment of minimum
purchase amounts under all contracts awarded under subsection (a) for
such fiscal year equivalent to the percentage of the anticipated use of
airlift by such military department during such fiscal year from all
carriers under contracts awarded under subsection (a) for such fiscal
year.
``(f) Availability of Airlift.--(1) From the total amount of
airlift available for a fiscal year under all contracts awarded under
subsection (a) for such fiscal year, a military department shall be
entitled to obtain a percentage of such airlift equivalent to the
percentage of the contribution of the military department to the
transportation working capital fund for such fiscal year under
subsection (e).
``(2) A military department may transfer any entitlement to airlift
under paragraph (1) to any other military department or to any other
agency, element, or component of the Department of Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 931 of such title is amended by adding at the end the following
new item:
``9515. Airlift services: minimum annual purchase amount for carriers
participating in Civil Reserve Air
Fleet.''.
SEC. 1053. 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. 1054. STRENGTHENING THE SPECIAL INSPECTOR GENERAL FOR IRAQ
RECONSTRUCTION.
For purposes of discharging the duties of the Special Inspector
General for Iraq Reconstruction under subsection (f) of section 3001 of
the Emergency Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (5 U.S.C. 8G note), and
for purposes of determining the date of termination of the Office of
the Special Inspector General under subsection (o) of such section, any
funds appropriated or otherwise made available for fiscal year 2006 for
the reconstruction of Iraq, regardless of how such funds may be
designated, shall be treated as amounts appropriated or otherwise made
available for the Iraq Relief and Reconstruction Fund.
Subtitle G--Report Matters
SEC. 1061. REPORT ON CLARIFICATION OF PROHIBITION ON CRUEL, INHUMAN, OR
DEGRADING TREATMENT OR PUNISHMENT.
(a) Findings.--Congress makes the following findings:
(1) It is critical that members of the Armed Forces have
clear guidelines about the legality of interrogation techniques
as they seek critical intelligence in the War on Terrorism.
(2) To avoid confusion, any determination made about the
legality of various interrogation techniques must be consistent
across the United States Government.
(3) Confusion continues about the permissibility of various
interrogation techniques, even after the enactment of the
Detainee Treatment Act of 2005 (title X of division A of Public
Law 109-148).
(4) In testimony before the Senate and in written response
to queries from the Senate, senior military commanders, Judge
Advocates General of the Armed Forces, and various civilian
officials of the Executive Branch have given incomplete or
varying answers to questions on what constitutes cruel,
inhuman, or degrading treatment.
(5) It is critical to clarify these matters in order to
ensure that members of the Armed Forces do not receive unclear
or misleading guidance on such matters.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the President shall submit to the congressional defense
committees a report setting forth the coordinated and definitive legal
opinion of the United States Government on whether each of the
following interrogation techniques constitutes cruel, inhuman, or
degrading treatment or punishment (as defined in section 1002(d) of the
Detainee Treatment Act of 2006 (as defined in the Detainee Treatment
Act of 2005 (119 Stat. 2740; 42 U.S.C. 2000dd(d)):
(1) Waterboarding, or any other technique using water,
bags, or other devices or substances to induce a sensation of
drowning or asphyxiation.
(2) Sleep deprivation, including, at a minimum, depriving a
prisoner of sleep for 24 hours or more or permitting five or
less hours of sleep per day over a period of three or more
days.
(3) Stress positions, including the use of any technique in
which a prisoner is placed or shackled in a painful or awkward
position (including prolonged standing or crouching, shackling
arms above the head for prolonged periods, or the use of
shackles or handcuffs in a manner which causes pain due to the
swelling of tissue over a prolonged period of time).
(4) The use of extreme temperatures as an aid to
interrogation.
(5) The use of beatings, slapping, or violent shaking.
(6) The use of dogs as an aid to interrogation.
(7) The use of nakedness or other forms of sexual
humiliation as an aid to interrogation.
(c) Elements.--The report under subsection (b) shall state, for
each interrogation technique listed in that subsection, the following
(1) Whether the technique would constitute cruel and
unusual punishment under the Constitution of the United States
if used on a United States citizen within the United States.
(2) Whether the technique would constitute cruel and
unusual punishment under the Constitution of the United States
if used on a United States citizen outside the United States.
(3) Whether the technique would be legal if used to
interrogate a member of the Armed Forces of the United States
by a state party to the Geneva Conventions.
(4) Whether the technique would be legal if used to
interrogate a United States citizen by a state party to the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
(d) Certification on Nature of Opinions.--The report under
subsection (b) shall include a certification that the legal opinions
set forth in the report are the coordinated and definitive opinion of
the United States Government binding on all departments and agencies of
the United States Government, any personnel of such departments and
agencies, and any contractors of such departments and agencies.
(e) Dissemination of Opinions.--
(1) In general.--The President shall ensure the
dissemination of the legal opinions set forth in the report to
all departments and agencies of the United States Government,
together with the instruction that such opinions be further
disseminated to all personnel of such departments and agencies
and all contractors of such departments and agencies.
(2) Certification on dissemination.--The report shall
include a certification regarding compliance with the
requirement in paragraph (1).
(f) Definitions.--In this section:
(1) The term ``Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment'' means the
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done at New York, December
10, 1984, and entering into force June 26, 1987 (T. Doc. 100-
20).
(2) The term ``Geneva Conventions'' means--
(A) the Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in
the Field, done at Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the
Condition of the Wounded, Sick, and Shipwrecked Members
of Armed Forces at Sea, done at Geneva August 12, 1949
(6 UST 3217);
(C) the Convention Relative to the Treatment of
Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316); and
(D) the Convention Relative to the Protection of
Civilian Persons in Time of War, done at Geneva August
12, 1949 (6 UST 3516).
SEC. 1062. REPORTS ON MEMBERS OF THE ARMED FORCES AND CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE SERVING IN THE
LEGISLATIVE BRANCH.
(a) Monthly Reports on Details and Fellowships of Long Duration.--
Not later than 120 days after the date of the enactment of this Act,
and monthly 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 Fellowships.--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 legislative detail or fellowship. The report
shall include a rationale for the waiver of the regulations of the
Department in order to permit the detail or fellowship.
(c) Report Elements.--Each report under subsection (a) or (b) shall
set forth, for each member of the Armed Forces or civilian employee
covered 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
fellowship under the provisions of Department of Defense
Directive 1322.6).
SEC. 1063. 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 technology
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) the degree to which the program of the
Defense Advanced Research Projects Agency supports the
objectives and requirements of the program of the
Department of Defense; and
``(B) the means of determining the level of
coordination and support provided by the program of the
Defense Advanced Research Projects Agency for the
program of the Department of Defense.''.
SEC. 1064. REPORT ON LOCAL BOARDS OF TRUSTEES OF THE ARMED FORCES
RETIREMENT HOME.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report setting forth 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 section 1516 of such Act.
SEC. 1065. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) Annual Report on Aviation Career Incentive Pay.--Section 301a
of title 37, United States Code, is amended by striking subsection (f).
(b) Annual Report on Effects of Certain Initiatives on Recruitment
and Retention.--
(1) Repeal.--Section 1015 of title 37, United States Code,
is repealed.
(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 Counselors and Educators.--
Section 564 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-398 (114
Stat. 1654A-134); 10 U.S.C. 503 note) is amended by striking subsection
(c).
(e) Annual Report on Medical Informatics.--Section 723(d) of the
National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 1071
note) is amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
(f) Report on Imposition of Additional Charges or Fees for
Attendance at Certain Academies.--Section 553(b) of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
Stat. 2772; 10 U.S.C. 4331 note) is amended by striking the second
sentence.
SEC. 1066. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS 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 appropriate committees
of Congress a report assessing the desirability and feasibility of
offering incentives to covered members and former members of the Armed
Forces for the purpose of encouraging such members to serve in the
Bureau of Customs and Border Protection.
(b) Covered Members and Former Members of the Armed Forces.--For
purposes of this section, covered members and former members of the
Armed Forces are the following:
(1) Members of the reserve components of the Armed Forces.
(2) Former members of the Armed Forces within two years of
separation from service in the Armed Forces.
(c) Requirements and Limitations.--
(1) Nature of incentives.--In considering incentives for
purposes of the report required by subsection (a), the
Secretaries shall consider such incentives, whether monetary or
otherwise and whether or not authorized by current law or
regulations, as the Secretaries jointly consider appropriate.
(2) Targeting of incentives.--In assessing any incentive
for purposes of the report, the 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 covered members and former of the Armed Forces who
have 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
Security.
(d) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of various monetary and non-monetary
incentives considered for purposes of the report.
(2) An assessment of the desirability and feasibility of
utilizing any such incentive for the purpose specified in
subsection (a), including an assessment of the particular
utility of such incentive in encouraging service in the Bureau
of Customs and Border Protection after service in the Armed
Forces by covered members and former members of the Armed
Forces described in subsection (c)(2).
(3) Any other matters that the Secretaries jointly consider
appropriate.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committees on Armed Services, Homeland Security and
Governmental Affairs, and Appropriations of the Senate; and
(2) the Committees on Armed Services, Homeland Security,
and Appropriations of the House of Representatives.
SEC. 1067. REPORT ON REPORTING REQUIREMENTS APPLICABLE TO THE
DEPARTMENT OF DEFENSE.
(a) Report Required.--
(1) In general.--Not later than March 1, 2007, the
Secretary of Defense shall submit to the congressional defense
committees a report on each report described in paragraph (2)
that is required by law to be submitted to the congressional
defense committees by the Department of Defense or any
department, agency, element, or component under the Department
of Defense.
(2) Covered reports.--Paragraph (1) applies with respect to
any report required under a provision of law enacted on or
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136)
that requires recurring reports to the committees referred to
in that paragraph.
(b) Elements.--The report required by subsection (a) shall set
forth the following:
(1) Each report described by that subsection, including a
statement of the provision of law under which such report is
required to be submitted to Congress.
(2) For each such report, an assessment by the Secretary of
the utility of such report from the perspective of the
Department of Defense and a recommendation on the advisability
of repealing the requirement for the submittal of such report.
SEC. 1068. REPORT ON TECHNOLOGIES FOR NEUTRALIZING OR DEFEATING THREATS
TO MILITARY ROTARY WING AIRCRAFT FROM PORTABLE AIR
DEFENSE SYSTEMS AND ROCKET PROPELLED GRENADES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on technologies for 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 required under subsection (a) shall
include--
(1) an assessment of the expected value and utility of the
technologies, particularly with respect to--
(A) the saving of lives;
(B) the ability to reduce the vulnerability of
aircraft; and
(C) the enhancement of the ability of 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) non-lethal counter measures;
(B) lasers and other systems designed to dazzle,
impede, or obscure threatening weapon or their users;
(C) direct fire response systems;
(D) directed energy weapons; and
(E) passive and active systems; and
(4) a description of any impediments 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.
SEC. 1069. REPORTS ON DEPARTMENT OF JUSTICE EFFORTS TO INVESTIGATE AND
PROSECUTE CASES OF CONTRACTING ABUSE IN IRAQ,
AFGHANISTAN, AND THROUGHOUT THE WAR ON TERROR.
(a) Findings.--Congress makes the following findings:
(1) Waste, fraud, and abuse in contracting are harmful to
United States efforts to successfully win the conflicts in Iraq
and Afghanistan and succeed in the war on terror. The act of
stealing from our soldiers who are daily in harm's way is
clearly criminal and must be actively prosecuted.
(2) It is a vital interest of United States taxpayers to be
protected from theft of their tax dollars by corrupt
contractors.
(3) Whistleblower lawsuits are an important tool for
exposing waste, fraud, and abuse and can identify serious graft
and corruption.
(4) This issue is of paramount importance to the United
States taxpayer, and the Congress must be provided with
information about alleged contractor waste, fraud, and abuse
taking place in Iraq, Afghanistan, and throughout the war on
terror and about the efforts of the Department of Justice to
combat these crimes.
(b) Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Attorney General shall submit to the Committee on the Judiciary
and the Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on the Judiciary and the Committee
on Government Reform of the House of Representatives, and the
congressional defense committees a report on efforts to
investigate and prosecute cases of waste, fraud, and abuse
under sections 3729 and 3730(b) of title 31, United States
Code, or any other related law that are related to Federal
contracting in Iraq, Afghanistan, and throughout the war on
terror.
(2) Content.--Each report submitted under paragraph (1)
shall include the following:
(A) Information on organized efforts of the
Department of Justice that have been created to ensure
that the Department of Justice is investigating, in a
timely and appropriate manner, claims of contractor
waste, fraud, and abuse related to the activities of
the United States Government in Iraq, Afghanistan, and
throughout the war on terror.
(B) Information on the specific number of
personnel, financial resources, and workdays devoted to
addressing this waste, fraud, and abuse, including a
complete listing of all of the offices across the
United States and throughout the world that are working
on these cases and an explanation of the types of
additional resources, both in terms of personnel and
finances, that the Department of Justice needs to
ensure that all of these cases proceed on a timely
basis.
(C) A detailed description of any internal
Department of Justice task force that exists to work
specifically on cases of contractor fraud and abuse in
Iraq, Afghanistan, and throughout the war on terror,
including a description of its action plan, the
frequency of its meetings, the level and quantity of
staff dedicated to it, its measures for success, the
nature and substance of the allegations, and the amount
of funds in controversy for each case. If there is a
showing of extraordinary circumstances that disclosure
of particular information would pose an imminent threat
of harm to a relator and be detrimental to the public
interest, then this information should be redacted in
accordance with standard practices.
(D) A detailed description of any interagency task
force that exists to work specifically on cases of
contractor waste, fraud, and abuse in Iraq,
Afghanistan, and throughout the war on terror,
including its action plan, the frequency of its
meetings, the level and quantity of staff dedicated to
it, its measures for success, the type, nature, and
substance of the allegations, and the amount of funds
in controversy for each case. If there is a showing of
extraordinary circumstances that disclosure of
particular information would pose an imminent threat of
harm to a relator and be detrimental to the public
interest, then this information should be redacted in
accordance with standard practices.
(E) The names of the senior officials directly
responsible for oversight of the efforts to address
these cases of contractor waste, fraud, and abuse in
Iraq, Afghanistan, and throughout the war on terror.
(F) Specific information on the number of
investigators and other personnel that have been
provided to the Department of Justice by other Federal
departments and agencies in support of the efforts of
the Department of Justice to combat contractor waste,
fraud, and abuse in Iraq, Afghanistan, and throughout
the war on terror, including data on the quantity of
time that these investigators have spent working within
the Department of Justice structures dedicated to this
effort.
(G) Specific information on the full number of
investigations, including grand jury investigations
currently underway, that are addressing these cases of
contractor waste, fraud, and abuse in Iraq,
Afghanistan, and throughout the war on terror.
(H) Specific information on the number and status
of the criminal cases that have been launched to
address contractor waste, fraud, and abuse in Iraq,
Afghanistan, and throughout the war on terror.
(I) Specific information on the number of civil
cases that have been filed to address contractor waste,
fraud, and abuse in Iraq, Afghanistan, and throughout
the war on terror, including specific information on
the quantity of cases initiated by private parties, as
well as the quantity of cases that have been referred
to the Department of Justice by the Department of
Defense, the Department of State, and other relevant
Federal departments and agencies.
(J) Specific information on the resolved civil and
criminal cases that have been filed to address
contractor waste, fraud, and abuse in Iraq,
Afghanistan, and throughout the war on terror,
including the specific results of these cases, the
types of waste, fraud, and abuse that took place, the
amount of funds that were returned to the United States
Government as a result of resolution of these cases,
and a full description of the type and substance of the
waste, fraud, and abuse that took place. If there is a
showing of extraordinary circumstances that disclosure
of particular information would pose an imminent threat
of harm to a relator and be detrimental to the public
interest, then this information should be redacted in
accordance with standard practices.
(K) The best estimate by the Department of Justice
of the scale of the problem of contractor waste, fraud,
and abuse in Iraq, Afghanistan, and throughout the war
on terror.
SEC. 1070. REPORT ON BIODEFENSE STAFFING AND TRAINING REQUIREMENTS IN
SUPPORT OF NATIONAL BIOSAFETY LABORATORIES.
(a) Study Required.--The Secretary of Defense shall, in
consultation with the Secretary of Homeland Security and the Secretary
of Health and Human Services, conduct a study to determine the staffing
and training requirements for pending capital programs to construct
biodefense laboratories (including agriculture and animal 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 of Defense
shall address the following:
(1) The number of trained personnel, by discipline and
qualification level, required for existing biodefense
laboratories at Biosafety Level 3 and Biosafety Level 4.
(2) The number of research and support staff, including
researchers, laboratory technicians, animal handlers, facility
managers, facility or equipment maintainers, biosecurity
personnel (including biosafety, physical, and electronic
security personnel), and other safety personnel required to
manage biodefense research efforts to combat bioterrorism at
the biodefense laboratories described in subsection (a).
(3) The training required to provide the personnel
described by paragraphs (1) and (2), including the type of
training (whether classroom, laboratory, or field training)
required, the length of training required by discipline, and
the curriculum required to be developed for such training.
(4) Training schedules necessary to meet the scheduled
openings of the biodefense laboratories described in subsection
(a), including schedules for refresher training and continuing
education that may be necessary for that purpose.
(c) Report.--Not later than December 31, 2006, the Secretary of
Defense shall submit to Congress a report setting forth the results of
the study conducted under this section.
SEC. 1070A. ANNUAL REPORT ON ACQUISITIONS OF ARTICLES, MATERIALS, AND
SUPPLIES MANUFACTURED OUTSIDE THE UNITED STATES.
(a) In General.--Not later than March 31 of each year, the
Department of Defense shall submit a report to Congress on the amount
of the acquisitions made by the agency in the preceding fiscal year of
articles, materials, or supplies purchased from entities that
manufacture the articles, materials, or supplies outside of the United
States.
(b) Content.--Each report required by subsection (a) shall
separately indicate--
(1) the dollar value of any articles, materials, or
supplies purchased that were manufactured outside of the United
States;
(2) an itemized list of all waivers granted with respect to
such articles, materials, or supplies under the Buy American
Act (41 U.S.C. 10a et seq.); and
(3) a summary of--
(A) the total procurement funds expended on
articles, materials, and supplies manufactured inside
the United States; and
(B) the total procurement funds expended on
articles, materials, and supplies manufactured outside
the United States.
(c) Public Availability.--The Department of Defense submitting a
report under subsection (a) shall make the report publicly available to
the maximum extent practicable.
(d) 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. 1070B. ANNUAL REPORT ON FOREIGN SALES OF SIGNIFICANT MILITARY
EQUIPMENT MANUFACTURED INSIDE THE UNITED STATES.
(a) In General.--Not later than March 31 of each year, the
Department of Defense shall submit a report to Congress on foreign
military sales and direct sales to foreign customers of significant
military equipment manufactured inside the United States.
(b) Content.--Each report required by subsection (a) shall
indicate, for each sale in excess of $2,000,000--
(1) the nature of the military equipment sold and the
dollar value of the sale;
(2) the country to which the military equipment was sold;
and
(3) the manufacturer of the equipment and the State in
which the equipment was manufactured.
(c) Public Availability.--The Department of Defense shall make
reports submitted under this section publicly available to the maximum
extent practicable.
SEC. 1070C. REPORT ON FEASIBILITY OF ESTABLISHING REGIONAL COMBATANT
COMMAND FOR AFRICA.
(a) In General.--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 and the Committee on Foreign Relations
of the Senate and the Committee on International Relations of the House
of Representatives a report on the establishment of a United States
Armed Forces regional combatant command for Africa.
(b) Content.--The report required under subsection (a) shall
include--
(1) a study on the feasibility and desirability of
establishing of a United States Armed Forces regional combatant
command for Africa;
(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. 1070D. ANNUAL REPORTS ON EXPANDED USE OF UNMANNED AERIAL VEHICLES
IN THE NATIONAL AIRSPACE SYSTEM.
(a) Findings.--The Senate makes the following findings:
(1) Unmanned aerial vehicles (UAVs) serve Department of
Defense intelligence, surveillance, reconnaissance, and combat
missions.
(2) Operational reliability of unmanned systems continues
to improve and sense-and-avoid technology development and
fielding must continue in an effort to provide unmanned aerial
systems with an equivalent level of safety to manned aircraft.
(3) Unmanned aerial vehicles have the potential to support
the Nation's homeland defense mission, border security mission,
and natural disaster recovery efforts.
(4) Accelerated development and testing of standards for
the integration of unmanned aerial vehicles in the National
Airspace System would further the increased safe use of such
vehicles for border security, homeland defense, and natural
disaster recovery efforts.
(b) Annual Reports.--Not later than one year after the date of the
enactment of this Act and annually thereafter until the Federal
Aviation Administration promulgates such policy, the Secretary of
Defense shall submit to the Committees on Armed Services, Commerce,
Science and Transportation, and Homeland Security and Governmental
Affairs of the Senate and the Committees on Armed Services, Energy and
Commerce, and Government Reform of the House of Representatives a
report on the actions of the Department of Defense to support the
development by the Federal Aviation Administration of a policy on the
testing and operation of unmanned aerial vehicles in the National
Airspace System.
Subtitle H--Technical and Conforming Amendments
SEC. 1071. UNIFORM DEFINITION OF NATIONAL SECURITY SYSTEM FOR CERTAIN
DEPARTMENT OF DEFENSE PURPOSES.
(a) Defense Business Systems.--Section 2222(j)(6) of title 10,
United States Code, is amended by striking ``section 2315 of this
title'' and inserting ``section 3542(b)(2) of title 44''.
(b) Information Technology.--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 the purposes of subtitle III of title 40, the term `national
security system' has the meaning given that term in section 3542(b)(2)
of title 44.''.
SEC. 1072. CONFORMING AMENDMENT RELATING TO REDESIGNATION OF DEFENSE
COMMUNICATIONS AGENCY AS 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.''.
SEC. 1073. TECHNICAL AMENDMENT.
Effective as of the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163) and as if
included in the enactment thereof, section 341(e) of such Act (119
Stat. 3199) is amended by striking ``(a)(1)(E)'' and inserting
``(a)(1)(F)''.
Subtitle I--Other Matters
SEC. 1081. NATIONAL FOREIGN LANGUAGE COORDINATION COUNCIL.
(a) Establishment.--
(1) In general.--Effective on October 1, 2006, there is
established the National Foreign Language Coordination Council
(in this section referred to as the ``Council'').
(2) Independent establishment.--The National Foreign
Language Coordination Council shall be an independent
establishment as defined under section 104 of title 5, United
States Code.
(b) Membership.--The Council shall consist of the following members
or their designees:
(1) The National Language Director, who shall serve as the
chairperson of the Council.
(2) The Secretary of Education.
(3) The Secretary of Defense.
(4) The Secretary of State.
(5) The Secretary of Homeland Security.
(6) The Attorney General.
(7) The Director of National Intelligence.
(8) The Secretary of Labor.
(9) The Director of the Office of Personnel Management.
(10) The Director of the Office of Management and Budget.
(11) The Secretary of Commerce.
(12) The Secretary of Health and Human Services.
(13) The Secretary of the Treasury.
(14) The Secretary of Housing and Urban Development.
(15) The Secretary of Agriculture.
(16) The Chairman and President of the Export-Import Bank
of the United States.
(17) The heads of such other Federal agencies as the
Council considers appropriate.
(c) Responsibilities.--
(1) In general.--The Council shall be charged with--
(A) developing a national foreign language
strategy, within 18 months of the date of the enactment
of this Act, in consultation with--
(i) State and local government agencies;
(ii) academic sector institutions;
(iii) foreign language related interest
groups;
(iv) business associations;
(v) industry;
(vi) heritage associations; and
(vii) other relevant stakeholders;
(B) conducting a survey of the extent of Federal
agency foreign language and area expertise, and of
Federal agency needs for such expertise;
(C) identifying and evaluating the adequacy of
Federal foreign language programs, including any
duplicative or overlapping programs that may impede
efficiency; and
(D) monitoring the implementation of such strategy
through--
(i) application of current and recently
enacted laws; and
(ii) the promulgation and enforcement of
rules and regulations.
(2) Strategy content.--The strategy developed under
paragraph (1) shall include--
(A) identification of priorities to expand foreign
language skills in the public and private sectors;
(B) recommendations for improving coordination of
foreign language programs and activities among Federal
agencies, enhancing Federal foreign language programs
and activities, and allocating resources appropriately
in order to maximize the use of resources;
(C) needed national policies and corresponding
legislative and regulatory actions in support of, and
allocation of designated resources to, promising
programs and initiatives at all levels (Federal, State,
and local), especially in the less commonly taught
languages that are seen as critical for national
security and global competitiveness during the next 20
to 50 years;
(D) effective ways to increase public awareness of
the need for foreign language skills and career paths
in the public and private sectors that can employ those
skills, with the objective of increasing support for
foreign language study among--
(i) Federal, State, and local leaders;
(ii) students;
(iii) parents;
(iv) elementary, secondary, and
postsecondary educational institutions; and
(v) employers;
(E) recommendations for incentives for developing
related educational programs, including foreign
language teacher training;
(F) coordination of public and private sector
efforts to provide foreign language instruction and
acquire foreign language and area expertise;
(G) coordination of public and private sector
initiatives to develop a strategic posture for language
research;
(H) recommendations for--
(i) the development of foreign language
achievement standards; and
(ii) corresponding assessments of foreign
language achievement standards for the
elementary, secondary, and postsecondary
education levels, including the National
Assessment of Educational Progress in foreign
languages;
(I) recommendations for development of--
(i) language skill-level certification
standards;
(ii) frameworks for pre-service and
professional development study for those who
teach foreign language;
(iii) suggested graduation criteria for
foreign language studies in non-language areas,
such as--
(I) international business;
(II) national security;
(III) public administration;
(IV) health care;
(V) engineering;
(VI) law;
(VII) journalism; and
(VIII) sciences;
(J) identification of and means for replicating
best practices for teaching foreign languages in the
public and private sectors, including best practices
from the international community; and
(K) recommendations for overcoming barriers in
foreign language proficiency.
(d) Submission of Strategy to President and Congress.--Not later
than 18 months after the date of the enactment of this Act, the Council
shall prepare and transmit to the President and the relevant committees
of Congress the national foreign language strategy required under
subsection (c).
(e) Meetings.--The Council may hold such meetings, and sit and act
at such times and places, as the Council considers appropriate, but
shall meet in formal session at least 2 times a year. State and local
government agencies and other organizations (such as academic sector
institutions, foreign language-related interest groups, business
associations, industry, and heritage community organizations) shall be
invited, as appropriate, to public meetings of the Council at least
once a year.
(f) Staff.--
(1) In general.--The Director may--
(A) appoint, without regard to the provisions of
title 5, United States Code, governing the competitive
service, such personnel as the Director considers
necessary; and
(B) compensate such personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of that title.
(2) Detail of government employees.--Upon request of the
Council, any Federal Government employee may be detailed to the
Council without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(3) Experts and consultants.--With the approval of the
Council, the Director may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(4) Travel expenses.--Council members and staff shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Council.
(5) Security clearance.--
(A) In general.--Subject to subparagraph (B), the
appropriate Federal agencies or departments shall
cooperate with the Council in expeditiously providing
to the Council members and staff appropriate security
clearances to the extent possible pursuant to existing
procedures and requirements.
(B) Exception.--No person shall be provided with
access to classified information under this section
without the appropriate required security clearance
access.
(6) Compensation.--The rate of pay for any employee of the
Council (including the Director) may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(g) Powers.--
(1) Delegation.--Any member or employee of the Council may,
if authorized by the Council, take any action that the Council
is authorized to take in this section.
(2) Information.--
(A) Council authority to secure.--The Council may
secure directly from any Federal agency such
information, consistent with Federal privacy laws,
including the Family Educational Rights and Privacy Act
(20 U.S.C. 1232g) and the Department of Education's
General Education Provisions Act (20 U.S.C. 1232(h)),
the Council considers necessary to carry out its
responsibilities.
(B) Requirement to furnish requested information.--
Upon request of the Director, the head of such agency
shall furnish such information to the Council.
(3) Donations.--The Council may accept, use, and dispose of
gifts or donations of services or property.
(4) Mail.--The Council may use the United States mail in
the same manner and under the same conditions as other Federal
agencies.
(h) Conferences, Newsletter, and Website.--In carrying out this
section, the Council--
(1) may arrange Federal, regional, State, and local
conferences for the purpose of developing and coordinating
effective programs and activities to improve foreign language
education;
(2) may publish a newsletter concerning Federal, State, and
local programs that are effectively meeting the foreign
language needs of the nation; and
(3) shall create and maintain a website containing
information on the Council and its activities, best practices
on language education, and other relevant information.
(i) Reports.--Not later than April 1, 2007, and annually
thereafter, the Council shall prepare and transmit to the President and
the relevant committees of Congress a report that describes--
(1) the activities of the Council to develop the national
foreign language strategy required under subsection (c);
(2) the findings of the Council as of the date of such
report;
(3) the efforts of the Council to improve foreign language
education and training; and
(4) impediments identified by the Council to the
implementation of a comprehensive national foreign language
strategy, including any statutory and regulatory restrictions.
(j) Establishment of National Language Director.--
(1) In general.--There is established a National Language
Director who shall be appointed by the President. The National
Language Director shall be a nationally recognized individual
with credentials and abilities in the public and private
sectors to be involved with creating and implementing long-term
solutions to achieving national foreign language and cultural
competency.
(2) Responsibilities.--The National Language Director
shall--
(A) develop and monitor the implementation of a
national foreign language strategy across the public
and private sectors;
(B) establish formal relationships among the major
stakeholders in meeting the needs of the Nation for
improved capabilities in foreign languages and cultural
understanding, including Federal, State, and local
government agencies, academia, industry, labor, and
heritage communities; and
(C) coordinate and lead a public information
campaign that raises awareness of public and private
sector careers requiring foreign language skills and
cultural understanding, with the objective of
increasing interest in and support for the study of
foreign languages among national leaders, the business
community, local officials, parents, and individuals.
(k) Encouragement of State Involvement.--
(1) State contact persons.--The Council shall consult with
each State to provide for the designation by each State of an
individual to serve as a State contact person for the purpose
of receiving and disseminating information and communications
received from the Council.
(2) State interagency councils and lead agencies.--Each
State is encouraged to establish a State interagency council on
foreign language coordination or designate a lead agency for
the State for the purpose of assuming primary responsibility
for coordinating and interacting with the Council and State and
local government agencies as necessary.
(l) Sunset.--This section shall cease to have effect on September
30, 2015.
(m) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2007, $1,500,000 to carry out this
section.
SEC. 1082. SUPPORT OF SUCCESSOR ORGANIZATIONS OF THE DISESTABLISHED
INTERAGENCY GLOBAL POSITIONING SYSTEM EXECUTIVE BOARD.
Section 8 of the Commercial Space Transportation Competitiveness
Act of 2000 (Public Law 106-405; 114 Stat. 1753; 10 U.S.C. 2281 note)
is amended by striking ``the Interagency Global Positioning System
Executive Board, including an Executive Secretariat to be housed at the
Department of Commerce'' and inserting ``the National Space-Based
Positioning, Navigation, and Timing Executive Committee, the National
Space-Based Positioning, Navigation, and Timing Coordination Office,
and the National Space-Based Positioning, Navigation, and Timing
Advisory Board, and any successor organization''.
SEC. 1083. QUADRENNIAL DEFENSE REVIEW.
(a) Findings.--Congress makes the following findings:
(1) The Quadrennial Defense Review (QDR) under section 118
of title 10, United States Code, is vital in laying out the
strategic military planning and threat objectives of the
Department of Defense.
(2) The Quadrennial Defense Review is critical to
identifying the correct mix of military planning assumptions,
defense capabilities, and strategic focuses for the Armed
Forces of the United States.
(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) Improvements to Quadrennial Defense Review.--
(1) Conduct of review.--Subsection (b) of section 118 of
title 10, United States Code, is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) 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 President
pursuant to section 1105 of title 31.''.
(2) Additional element in report to congress.--Subsection
(d) of such section is amended--
(A) in paragraph (1), by inserting ``, the
strategic planning guidance,'' after ``United States'';
(B) by redesignating paragraphs (9) through (15) as
paragraphs (10) through (16), respectively; and
(C) by inserting after paragraph (8) the following
new paragraph (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.''.
(3) 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''.
(4) Independent assessment.--Such section is further
amended by adding at the end the following new subsection:
``(f) Independent Assessment.--(1) Not later than one year before
the date a report on a quadrennial defense review is to be submitted to
Congress under subsection (d), the President shall appoint a panel to
conduct an independent assessment of the review.
``(2) The panel appointed under paragraph (1) shall be composed of
seven individuals (who may not be employees of the Department of
Defense) as follows:
``(A) Three members shall be appointed by the President.
``(B) One member shall be appointed by the President in
consultation with, and based on the recommendations of, the
Speaker of the House of Representatives.
``(C) One member shall be appointed by the President in
consultation with, and based on the recommendations of, the
Minority Leader of the House of Representatives.
``(D) One member shall be appointed by the President in
consultation with, and based on the recommendations of, the
Majority Leader of the Senate.
``(E) One member shall be appointed by the President in
consultation with, and based on the recommendations of, the
Minority Leader of the Senate.
``(3) Not later than three months after the date that the report on
a quadrennial defense review is submitted to Congress under subsection
(d), the panel appointed under paragraph (2) shall provide to the
congressional defense committees an assessment of the assumptions,
planning guidelines, recommendations, and realism of the review.''.
SEC. 1084. SENSE OF CONGRESS ON THE COMMENDABLE ACTIONS OF THE ARMED
FORCES.
(a) Findings.--Congress finds that--
(1) on June 7, 2006, the United States Armed Forces
conducted an air raid 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) 3 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
responsibility 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 2 weeks later, which
killed at least 85 people, including the Ayatollah
Sayed Mohammed Baqr al-Hakim, and wounded dozens more;
(7) Zarqawi is believed to have personally beheaded
American 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 3 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 troops, 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; and
(13) the men and women of the United States Armed Forces,
the intelligence community, and other 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
intelligence community, and other 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
intelligence community, and other agencies for this action 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 that operation and
their extraordinary efforts to secure a free and prosperous
Iraq;
(4) commends our civilian and military leadership 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 Jawad al-Maliki, for its contribution 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 the Iraqi Prime Minister Jawad 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 Senate will continue to support the
United States Armed Forces, the democratically elected unity
government of Iraq, and the people of Iraq in their quest to
secure a free, prosperous, and democratic Iraq.
SEC. 1085. BUDGETING FOR ONGOING MILITARY OPERATIONS.
The President's budget submitted pursuant to section 1105(a) of
title 31, United States Code, for each fiscal year after fiscal year
2007 shall include--
(1) a request for 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.
SEC. 1086. COURT SECURITY IMPROVEMENTS.
(a) Judicial Branch Security Requirements.--
(1) Ensuring consultation and coordination with the
judiciary.--Section 566 of title 28, United States Code, is
amended by adding at the end the following:
``(i) The Director of the United States Marshals Service shall
consult and coordinate with the Judicial Conference of the United
States on a continuing basis regarding the security requirements for
the judicial branch of the United States Government.''.
(2) Conforming amendment.--Section 331 of title 28, United
States Code, is amended by adding at the end the following:
``The Judicial Conference shall consult and coordinate with the
Director of United States Marshals Service on a continuing basis
regarding the security requirements for the judicial branch of the
United States Government.''.
(b) Protection of Family Members.--Section 105(b)(3) of the Ethics
in Government Act of 1978 (5 U.S.C. App.) is amended--
(1) in subparagraph (A), by inserting ``or a family member
of that individual'' after ``that individual''; and
(2) in subparagraph (B)(i), by inserting ``or a family
member of that individual'' after ``the report''.
(c) Extension of Sunset Provision.--Section 105(b)(3) of the Ethics
in Government Act of 1978 (5 U.S.C. App.) is amended by striking
``2005'' each place that term appears and inserting ``2009''.
(d) Protections Against Malicious Recording of Fictitious Liens
Against Federal Judges and Federal Law Enforcement Officers.--
(1) Offense.--Chapter 73 of title 18, United States Code,
is amended by adding at the end the following:
``SEC. 1521. RETALIATING AGAINST A FEDERAL JUDGE OR FEDERAL LAW
ENFORCEMENT OFFICER BY FALSE CLAIM OR SLANDER OF TITLE.
``(a) Whoever files or attempts to file, in any public record or in
any private record which is generally available to the public, any
false lien or encumbrance against the real or personal property of a
Federal judge or a Federal law enforcement official, on account of the
performance of official duties by that Federal judge or Federal law
enforcement official, knowing or having reason to know that such lien
or encumbrance is false or contains any materially false, fictitious,
or fraudulent statement or representation, shall be fined under this
title or imprisoned for not more than 10 years, or both.
``(b) As used in this section--
``(1) the term `Federal judge' means a justice or judge of
the United States as defined in section 451 of title 28, United
States Code, a judge of the United States Court of Federal
Claims, a United States bankruptcy judge, a United States
magistrate judge, and a judge of the United States Court of
Appeals for the Armed Forces, United States Court of Appeals
for Veterans Claims, United States Tax Court, District Court of
Guam, District Court of the Northern Mariana Islands, or
District Court of the Virgin Islands; and
``(2) the term `Federal law enforcement officer' has the
meaning given that term in section 115 of this title and
includes an attorney who is an officer or employee of the
United States in the executive branch of the Government.''.
(2) Clerical amendment.--The chapter analysis for chapter
73 of title 18, United States Code, is amended by adding at the
end the following new item:
``1521. Retaliating against a Federal judge or Federal law
enforcement officer by false claim or
slander of title.''.
(e) Protection of Individuals Performing Certain Official Duties.--
(1) Offense.--Chapter 7 of title 18, United States Code, is
amended by adding at the end the following:
``SEC. 118. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN OFFICIAL
DUTIES.
``(a) Whoever knowingly makes restricted personal information about
a covered official, or a member of the immediate family of that covered
official, publicly available, with the intent that such restricted
personal information be used to kill, kidnap, or inflict bodily harm
upon, or to threaten to kill, kidnap, or inflict bodily harm upon, that
covered official, or a member of the immediate family of that covered
official, shall be fined under this title and imprisoned not more than
5 years, or both.
``(b) As used in this section--
``(1) the term `restricted personal information' means,
with respect to an individual, the Social Security number, the
home address, home phone number, mobile phone number, personal
email, or home fax number of, and identifiable to, that
individual;
``(2) the term `covered official' means--
``(A) an individual designated in section 1114;
``(B) a Federal judge or Federal law enforcement
officer as those terms are defined in section 1521; or
``(C) a grand or petit juror, witness, or other
officer in or of, any court of the United States, or an
officer who may be serving at any examination or other
proceeding before any United States magistrate judge or
other committing magistrate; and
``(3) the term `immediate family' has the same meaning
given that term in section 115(c)(2).''.
(2) Clerical amendment.--The chapter analysis for chapter 7
of title 18, United States Code, is amended by adding at the
end the following:
``Sec. 117. Domestic assault by an habitual offender.
``Sec. 118. Protection of individuals performing certain
official duties.''.
(f) Prohibition of Possession of Dangerous Weapons in Federal Court
Facilities.--Section 930(e)(1) of title 18, United States Code, is
amended by inserting ``or other dangerous weapon'' after ``firearm''.
(g) Clarification of Venue for Retaliation Against a Witness.--
Section 1513 of title 18, United States Code, is amended by adding at
the end the following:
``(g) A prosecution under this section may be brought in the
district in which the official proceeding (whether or not pending,
about to be instituted or completed) was intended to be affected, or in
which the conduct constituting the alleged offense occurred.''.
(h) Witness Protection Grant Program.--Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended by adding at the end the following new part:
``PART JJ--WITNESS PROTECTION GRANTS
``SEC. 3001. PROGRAM AUTHORIZED.
``(a) In General.--From amounts made available to carry out this
part, the Attorney General may make grants to States, units of local
government, and Indian tribes to create and expand witness protection
programs in order to prevent threats, intimidation, and retaliation
against victims of, and witnesses to, crimes.
``(b) Uses of Funds.--Grants awarded under this part shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the creation and expansion of witness
protection programs in the jurisdiction of the grantee.
``(c) Preferential Consideration.--In awarding grants under this
part, the Attorney General may give preferential consideration, if
feasible, to an application from a jurisdiction that--
``(1) has the greatest need for witness and victim
protection programs;
``(2) has a serious violent crime problem in the
jurisdiction; and
``(3) has had, or is likely to have, instances of threats,
intimidation, and retaliation against victims of, and witnesses
to, crimes.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2006 through 2010.''.
(i) Grants to States To Protect Witnesses and Victims of Crimes.--
(1) In general.--Section 31702 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) to create and expand witness and victim protection
programs to prevent threats, intimidation, and retaliation
against victims of, and witnesses to, violent crimes.''.
(2) Authorization of appropriations.--Section 31707 of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 13867) is amended to read as follows:
``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $20,000,000 for each of
the fiscal years 2006 through 2010 to carry out this subtitle.''.
(j) Eligibility of State Courts for Certain Federal Grants.--
(1) Correctional options grants.--Section 515 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3762a) is amended--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``and''
at the end;
(ii) in paragraph (3), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) grants to State courts to improve security for State
and local court systems.''; and
(B) in subsection (b), by inserting after the
period the following:
``Priority shall be given to State court applicants under subsection
(a)(4) that have the greatest demonstrated need to provide security in
order to administer justice.''.
(2) Allocations.--Section 516(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3762b) is
amended by--
(A) striking ``80'' and inserting ``70'';
(B) striking ``and 10'' and inserting ``10''; and
(C) inserting before the period the following: ``,
and 10 percent for section 515(a)(4)''.
(k) Bankruptcy, Magistrate, and Territorial Judges Life
Insurance.--
(1) Bankruptcy judges.--Section 153 of title 28, United
States Code, is amended by adding at the end the following:
``(e) For purposes of construing and applying chapter 87 of title
5, United States Code, including any adjustment of insurance rates by
regulation or otherwise, a bankruptcy judge of the United States in
regular active service or who is retired under section 377 of this
title shall be deemed to be a judge of the United States described
under section 8701(a)(5) of title 5.''.
(2) United states magistrate judges.--Section 634(c) of
title 28, United States Code, is amended--
(A) by inserting ``(1)'' after ``(c)''; and
(B) by adding at the end the following:
``(2) For purposes of construing and applying chapter 87 of
title 5, United States Code, including any adjustment of
insurance rates by regulation or otherwise, a magistrate judge
of the United States in regular active service or who is
retired under section 377 of this title shall be deemed to be a
judge of the United States described under section 8701(a)(5)
of title 5.''.
(3) Territorial judges.--
(A) Guam.--Section 24 of the Organic Act of Guam
(48 U.S.C. 1424b) is amended by adding at the end the
following:
``(c) For purposes of construing and applying chapter 87 of title
5, United States Code, including any adjustment of insurance rates by
regulation or otherwise, a judge appointed under this section who is in
regular active service or who is retired under section 373 of title 28,
United States Code, shall be deemed to be a judge of the United States
described under section 8701(a)(5) of title 5.''.
(B) Commonwealth of the northern mariana islands.--
Section 1(b) of the Act of November 8, 1977 (48 U.S.C.
1821) is amended by adding at the end the following:
``(5) For purposes of construing and applying chapter 87 of
title 5, United States Code, including any adjustment of
insurance rates by regulation or otherwise, a judge appointed
under this section who is in regular active service or who is
retired under section 373 of title 28, United States Code,
shall be deemed to be a judge of the United States described
under section 8701(a)(5) of title 5.''.
(C) Virgin islands.--Section 24(a) of the Revised
Organic Act of the Virgin Islands (48 U.S.C. 1614(a))
is amended--
(i) by inserting ``(1)'' after ``(a)''; and
(ii) by adding at the end the following:
``(2) For purposes of construing and applying chapter 87 of
title 5, United States Code, including any adjustment of
insurance rates by regulation or otherwise, a judge appointed
under this section who is in regular active service or who is
retired under section 373 of title 28, United States Code,
shall be deemed to be a judge of the United States described
under section 8701(a)(5) of title 5.''.
(m) Health Insurance for Surviving Family and Spouses of Judges.--
Section 8901(3) of title 5, United States Code, is amended--
(1) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (D), by adding ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(E) a member of a family who is a survivor of--
``(i) a Justice or judge of the United
States, as defined under section 451 of title
28, United States Code;
``(ii) a judge of the District Court of
Guam, the District Court of the Northern
Mariana Islands, or the District Court of the
Virgin Islands;
``(iii) a judge of the United States Court
of Federal Claims; or
``(iv) a United States bankruptcy judge or
a full-time United States magistrate judge.''.
SEC. 1087. SENSE OF THE SENATE ON DESTRUCTION OF CHEMICAL WEAPONS.
(a) Findings.--The Senate 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 (commonly
referred to as the ``Chemical Weapons Convention''), requires
all United States chemical weapons stockpiles be destroyed 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 United States chemical weapons stockpiles.
(3) Destroying existing chemical weapons is a homeland
security imperative, an arms control priority, and 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 the Senate.--It is the sense of the Senate that--
(1) the United States is committed to making every effort
to safely dispose of its chemical weapons stockpiles by the
Chemical Weapons Convention deadline of April 29, 2012, or as
soon thereafter as possible, and will carry out all of its
other obligations under the Convention;
(2) the Secretary of Defense should prepare a comprehensive
schedule for safely destroying the United States chemical
weapons stockpiles to prevent further delays in the destruction
of such stockpiles, and the schedule should be submitted
annually to the congressional defense committees separately or
as part of another required report; and
(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.
SEC. 1088. IMPROVED ACCOUNTABILITY FOR COMPETITIVE CONTRACTING IN
HURRICANE RECOVERY.
The exceptions to full and open competition otherwise available
under paragraphs (2), (3), (4), and (5) of section 303(c) of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C.
253(c)) and paragraphs (2), (3), (4), and (5) of section 2304(c) of
title 10, United States Code, shall not apply to Federal contracts
worth over $500,000 for the procurement of property or services in
connection with relief and recovery efforts related to Hurricane
Katrina and the other hurricanes of the 2005 season.
SEC. 1089. PROTECTION OF CERTAIN DISCLOSURES OF INFORMATION BY FEDERAL
EMPLOYEES.
(a) Short Title.--This Act may be cited as the ``Federal Employee
Protection of Disclosures Act''.
(b) Clarification of Disclosures Covered.--Section 2302(b)(8) of
title 5, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction to time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties, that the
employee or applicant reasonably believes is evidence
of''; and
(B) in clause (i), by striking ``a violation'' and
inserting ``any violation'';
(2) in subparagraph (B)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction to time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties, of
information that the employee or applicant reasonably
believes is evidence of''; and
(B) in clause (i), by striking ``a violation'' and
inserting ``any violation (other than a violation of
this section)''; and
(3) by adding at the end the following:
``(C) any disclosure that--
``(i) is made by an employee or applicant
of information required by law or Executive
order to be kept secret in the interest of
national defense or the conduct of foreign
affairs that the employee or applicant
reasonably believes is direct and specific
evidence of--
``(I) any violation of any law,
rule, or regulation;
``(II) gross mismanagement, a gross
waste of funds, an abuse of authority,
or a substantial and specific danger to
public health or safety; or
``(III) a false statement to
Congress on an issue of material fact;
and
``(ii) is made to--
``(I) a member of a committee of
Congress having a primary
responsibility for oversight of a
department, agency, or element of the
Federal Government to which the
disclosed information relates and who
is authorized to receive information of
the type disclosed;
``(II) any other Member of Congress
who is authorized to receive
information of the type disclosed; or
``(III) an employee of Congress who
has the appropriate security clearance
and is authorized to receive
information of the type disclosed.''.
(c) Covered Disclosures.--Section 2302(a)(2) of title 5, United
States Code, is amended--
(1) in subparagraph (B)(ii), by striking ``and'' at the
end;
(2) in subparagraph (C)(iii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(D) `disclosure' means a formal or informal communication
or transmission, but does not include a communication
concerning policy decisions that lawfully exercise
discretionary authority unless the employee providing the
disclosure reasonably believes that the disclosure evidences--
``(i) any violation of any law, rule, or
regulation; or
``(ii) gross mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific
danger to public health or safety.''.
(d) Rebuttable Presumption.--Section 2302(b) of title 5, United
States Code, is amended by amending the matter following paragraph (12)
to read as follows:
``This subsection shall not be construed to authorize the withholding
of information from Congress or the taking of any personnel action
against an employee who discloses information to Congress, except that
an employee or applicant may be disciplined for the disclosure of
information described in paragraph (8)(C)(i) to a Member or employee of
Congress who is not authorized to receive such information. For
purposes of paragraph (8), any presumption relating to the performance
of a duty by an employee who has authority to take, direct others to
take, recommend, or approve any personnel action may be rebutted by
substantial evidence. For purposes of paragraph (8), a determination as
to whether an employee or applicant reasonably believes that they have
disclosed information that evidences any violation of law, rule,
regulation, gross mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public health or
safety shall be made by determining whether a disinterested observer
with knowledge of the essential facts known to and readily
ascertainable by the employee could reasonably conclude that the
actions of the Government evidence such violations, mismanagement,
waste, abuse, or danger.''.
(e) Nondisclosure Policies, Forms, and Agreements; Security
Clearances; and Retaliatory Investigations.--
(1) Personnel action.--Section 2302(a)(2)(A) of title 5,
United States Code, is amended--
(A) in clause (x), by striking ``and'' after the
semicolon; and
(B) by redesignating clause (xi) as clause (xiv)
and inserting after clause (x) the following:
``(xi) the implementation or enforcement of
any nondisclosure policy, form, or agreement;
``(xii) a suspension, revocation, or other
determination relating to a security clearance
or any other access determination by a covered
agency;
``(xiii) an investigation, other than any
ministerial or nondiscretionary fact finding
activities necessary for the agency to perform
its mission, of an employee or applicant for
employment because of any activity protected
under this section; and''
(2) Prohibited personnel practice.--Section 2302(b) of
title 5, United States Code, is amended--
(A) in paragraph (11), by striking ``or'' at the
end;
(B) in paragraph (12), by striking the period and
inserting a semicolon; and
(C) by inserting after paragraph (12) the
following:
``(13) implement or enforce any nondisclosure policy, form,
or agreement, if such policy, form, or agreement does not
contain the following statement: `These provisions are
consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or
liabilities created by Executive Order No. 12958; section 7211
of title 5, United States Code (governing disclosures to
Congress); section 1034 of title 10, United States Code
(governing disclosure to Congress by members of the military);
section 2302(b)(8) of title 5, United States Code (governing
disclosures of illegality, waste, fraud, abuse, or public
health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing
disclosures that could expose confidential Government agents);
and the statutes which protect against disclosures that could
compromise national security, including sections 641, 793, 794,
798, and 952 of title 18, United States Code, and section 4(b)
of the Subversive Activities Control Act of 1950 (50 U.S.C.
783(b)). The definitions, requirements, obligations, rights,
sanctions, and liabilities created by such Executive order and
such statutory provisions are incorporated into this agreement
and are controlling'; or
``(14) conduct, or cause to be conducted, an investigation,
other than any ministerial or nondiscretionary fact finding
activities necessary for the agency to perform its mission, of
an employee or applicant for employment because of any activity
protected under this section.''.
(3) Board and court review of actions relating to security
clearances.--
(A) In general.--Chapter 77 of title 5, United
States Code, is amended by inserting after section 7702
the following:
``Sec. 7702a. Actions relating to security clearances
``(a) In any appeal relating to the suspension, revocation, or
other determination relating to a security clearance or access
determination, the Merit Systems Protection Board or any reviewing
court--
``(1) shall determine whether paragraph (8) or (9) of
section 2302(b) was violated;
``(2) may not order the President or the designee of the
President to restore a security clearance or otherwise reverse
a determination of clearance status or reverse an access
determination; and
``(3) subject to paragraph (2), may issue declaratory
relief and any other appropriate relief.
``(b)(1) If, in any final judgment, the Board or court declares
that any suspension, revocation, or other determination with regard to
a security clearance or access determination was made in violation of
paragraph (8) or (9) of section 2302(b), the affected agency shall
conduct a review of that suspension, revocation, access determination,
or other determination, giving great weight to the Board or court
judgment.
``(2) Not later than 30 days after any Board or court judgment
declaring that a security clearance suspension, revocation, access
determination, or other determination was made in violation of
paragraph (8) or (9) of section 2302(b), the affected agency shall
issue an unclassified report to the congressional committees of
jurisdiction (with a classified annex if necessary), detailing the
circumstances of the agency's security clearance suspension,
revocation, other determination, or access determination. A report
under this paragraph shall include any proposed agency action with
regard to the security clearance or access determination.
``(c) An allegation that a security clearance or access
determination was revoked or suspended in retaliation for a protected
disclosure shall receive expedited review by the Office of Special
Counsel, the Merit Systems Protection Board, and any reviewing court.
``(d) For purposes of this section, corrective action may not be
ordered if the agency demonstrates by a preponderance of the evidence
that it would have taken the same personnel action in the absence of
such disclosure.''.
(B) Technical and conforming amendment.--The table
of sections for chapter 77 of title 5, United States
Code, is amended by inserting after the item relating
to section 7702 the following:
``7702a. Actions relating to security clearances.''.
(f) Exclusion of Agencies by the President.--Section 2302(a)(2)(C)
of title 5, United States Code, is amended by striking clause (ii) and
inserting the following:
``(ii)(I) the Federal Bureau of Investigation, the
Central Intelligence Agency, the Defense Intelligence
Agency, the National Imagery and Mapping Agency, the
National Security Agency; and
``(II) as determined by the President, any
executive agency or unit thereof the principal function
of which is the conduct of foreign intelligence or
counterintelligence activities, if the determination
(as that determination relates to a personnel action)
is made before that personnel action; or''.
(g) Attorney Fees.--Section 1204(m)(1) of title 5, United States
Code, is amended by striking ``agency involved'' and inserting ``agency
where the prevailing party is employed or has applied for employment''.
(h) Disciplinary Action.--Section 1215(a)(3) of title 5, United
States Code, is amended to read as follows:
``(3)(A) A final order of the Board may impose--
``(i) disciplinary action consisting of removal,
reduction in grade, debarment from Federal employment
for a period not to exceed 5 years, suspension, or
reprimand;
``(ii) an assessment of a civil penalty not to
exceed $1,000; or
``(iii) any combination of disciplinary actions
described under clause (i) and an assessment described
under clause (ii).
``(B) In any case in which the Board finds that an employee
has committed a prohibited personnel practice under paragraph
(8) or (9) of section 2302(b), the Board shall impose
disciplinary action if the Board finds that the activity
protected under paragraph (8) or (9) of section 2302(b) was a
significant motivating factor, even if other factors also
motivated the decision, for the employee's decision to take,
fail to take, or threaten to take or fail to take a personnel
action, unless that employee demonstrates, by preponderance of
evidence, that the employee would have taken, failed to take,
or threatened to take or fail to take the same personnel
action, in the absence of such protected activity.''.
(i) Special Counsel Amicus Curiae Appearance.--Section 1212 of
title 5, United States Code, is amended by adding at the end the
following:
``(h)(1) The Special Counsel is authorized to appear as amicus
curiae in any action brought in a court of the United States related to
any civil action brought in connection with section 2302(b) (8) or (9),
or subchapter III of chapter 73, or as otherwise authorized by law. In
any such action, the Special Counsel is authorized to present the views
of the Special Counsel with respect to compliance with section 2302(b)
(8) or (9) or subchapter III of chapter 73 and the impact court
decisions would have on the enforcement of such provisions of law.
``(2) A court of the United States shall grant the application of
the Special Counsel to appear in any such action for the purposes
described in subsection (a).''.
(j) Judicial Review.--
(1) In general.--Section 7703(b)(1) of title 5, United
States Code, is amended to read as follows:
``(b)(1)(A) Except as provided in subparagraph (B) and paragraph
(2), a petition to review a final order or final decision of the Board
shall be filed in the United States Court of Appeals for the Federal
Circuit. Notwithstanding any other provision of law, any petition for
review must be filed within 60 days after the date the petitioner
received notice of the final order or decision of the Board.
``(B) During the 5-year period beginning on the effective date of
the Federal Employee Protection of Disclosures Act, a petition to
review a final order or final decision of the Board in a case alleging
a violation of paragraph (8) or (9) of section 2302(b) shall be filed
in the United States Court of Appeals for the Federal Circuit or any
court of appeals of competent jurisdiction as provided under subsection
(b)(2).''.
(2) Review obtained by office of personnel management.--
Section 7703(d) of title 5, United States Code, is amended to
read as follows:
``(d)(1) Except as provided under paragraph (2), this paragraph
shall apply to any review obtained by the Director of the Office of
Personnel Management. The Director of the Office of Personnel
Management may obtain review of any final order or decision of the
Board by filing, within 60 days after the date the Director received
notice of the final order or decision of the Board, a petition for
judicial review in the United States Court of Appeals for the Federal
Circuit if the Director determines, in his discretion, that the Board
erred in interpreting a civil service law, rule, or regulation
affecting personnel management and that the Board's decision will have
a substantial impact on a civil service law, rule, regulation, or
policy directive. If the Director did not intervene in a matter before
the Board, the Director may not petition for review of a Board decision
under this section unless the Director first petitions the Board for a
reconsideration of its decision, and such petition is denied. In
addition to the named respondent, the Board and all other parties to
the proceedings before the Board shall have the right to appear in the
proceeding before the Court of Appeals. The granting of the petition
for judicial review shall be at the discretion of the Court of Appeals.
``(2) During the 5-year period beginning on the effective date of
the Federal Employee Protection of Disclosures Act, this paragraph
shall apply to any review relating to paragraph (8) or (9) of section
2302(b) obtained by the Director of the Office of Personnel Management.
The Director of the Office of Personnel Management may obtain review of
any final order or decision of the Board by filing, within 60 days
after the date the Director received notice of the final order or
decision of the Board, a petition for judicial review in the United
States Court of Appeals for the Federal Circuit or any court of appeals
of competent jurisdiction as provided under subsection (b)(2) if the
Director determines, in his discretion, that the Board erred in
interpreting paragraph (8) or (9) of section 2302(b). If the Director
did not intervene in a matter before the Board, the Director may not
petition for review of a Board decision under this section unless the
Director first petitions the Board for a reconsideration of its
decision, and such petition is denied. In addition to the named
respondent, the Board and all other parties to the proceedings before
the Board shall have the right to appear in the proceeding before the
court of appeals. The granting of the petition for judicial review
shall be at the discretion of the Court of Appeals.''.
(k) Nondisclosure Policies, Forms, and Agreements.--
(1) In general.--
(A) Requirement.--Each agreement in Standard Forms
312 and 4414 of the Government and any other
nondisclosure policy, form, or agreement of the
Government shall contain the following statement:
``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the
employee obligations, rights, or liabilities created by
Executive Order No. 12958; section 7211 of title 5,
United States Code (governing disclosures to Congress);
section 1034 of title 10, United States Code (governing
disclosure to Congress by members of the military);
section 2302(b)(8) of title 5, United States Code
(governing disclosures of illegality, waste, fraud,
abuse or public health or safety threats); the
Intelligence Identities Protection Act of 1982 (50
U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents); and the
statutes which protect against disclosure that may
compromise the national security, including sections
641, 793, 794, 798, and 952 of title 18, United States
Code, and section 4(b) of the Subversive Activities Act
of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and
liabilities created by such Executive order and such
statutory provisions are incorporated into this
agreement and are controlling.''.
(B) Enforceability.--Any nondisclosure policy,
form, or agreement described under subparagraph (A)
that does not contain the statement required under
subparagraph (A) may not be implemented or enforced to
the extent such policy, form, or agreement is
inconsistent with that statement.
(2) Persons other than government employees.--
Notwithstanding paragraph (1), a nondisclosure policy, form, or
agreement that is to be executed by a person connected with the
conduct of an intelligence or intelligence-related activity,
other than an employee or officer of the United States
Government, may contain provisions appropriate to the
particular activity for which such document is to be used. Such
form or agreement shall, at a minimum, require that the person
will not disclose any classified information received in the
course of such activity unless specifically authorized to do so
by the United States Government. Such nondisclosure forms shall
also make it clear that such forms do not bar disclosures to
Congress or to an authorized official of an executive agency or
the Department of Justice that are essential to reporting a
substantial violation of law.
(l) Clarification of Whistleblower Rights for Critical
Infrastructure Information.--Section 214(c) of the Homeland Security
Act of 2002 (6 U.S.C. 133(c)) is amended by adding at the end the
following: ``For purposes of this section a permissible use of
independently obtained information includes the disclosure of such
information under section 2302(b)(8) of title 5, United States Code.''.
(m) Advising Employees of Rights.--Section 2302(c) of title 5,
United States Code, is amended by inserting ``, including how to make a
lawful disclosure of information that is specifically required by law
or Executive order to be kept secret in the interest of national
defense or the conduct of foreign affairs to the Special Counsel, the
Inspector General of an agency, Congress, or other agency employee
designated to receive such disclosures'' after ``chapter 12 of this
title''.
(n) Scope of Due Process.--
(1) Special counsel.--Section 1214(b)(4)(B)(ii) of title 5,
United States Code, is amended by inserting ``, after a finding
that a protected disclosure was a contributing factor,'' after
``ordered if''.
(2) Individual action.--Section 1221(e)(2) of title 5,
United States Code, is amended by inserting ``, after a finding
that a protected disclosure was a contributing factor,'' after
``ordered if''.
(o) Effective Date.--This Act shall take effect 30 days after the
date of enactment of this Act.
SEC. 1090. SENSE OF CONGRESS REGARDING THE MEN AND WOMEN OF THE ARMED
FORCES OF THE UNITED STATES IN IRAQ.
(a) Findings.--Congress makes the following findings:
(1) In 2003, members of the Armed Forces of the United
States successfully liberated the people of Iraq from the
tyrannical regime of Saddam Hussein.
(2) Members of the Armed Forces of the United States have
bravely risked their lives everyday over the last 3 years to
protect the people of Iraq from terror attacks by Al Qaeda and
other extremist organizations.
(3) Members of the Armed Forces of the United States have
conducted dozens of operations with coalition forces to track,
apprehend, and eliminate terrorists in Iraq.
(4) Members of the Armed Forces of the United States have
helped sustain political progress in Iraq by assisting the
people of Iraq as they exercised their right to choose their
leaders and draft their own constitution.
(5) Members of the Armed Forces of the United States have
taught over 150,000 soldiers of Iraq to respect civilian
authority, conduct counter-insurgency operations, provide
meaningful security, and protect the people of Iraq from terror
attacks.
(6) Members of the Armed Forces of the United States have
built new schools, hospitals, and public works throughout Iraq.
(7) Members of the Armed Forces of the United States have
helped rebuild Iraq's dilapidated energy sector.
(8) Members of the Armed Forces of the United States have
restored electrical power and sewage waste treatment for the
people of Iraq.
(9) Members of the Armed Forces of the United States have
established lasting and productive relationships with local
leaders in Iraq and secured the support of a majority of the
populace of Iraq.
(10) Members of the Armed Forces of the United States have
courageously endured sophisticated terror tactics, including
deadly car-bombs, sniper attacks, and improvised explosive
devices.
(11) Members of the Armed Forces of the United States have
paid a high cost in order to defeat the terrorists, defend
innocent civilians, and protect democracy from those who desire
the return of oppression and extremism to Iraq.
(12) Members of the Armed Forces of the United States have
performed their duty in Iraq with an unflagging commitment to
the highest ideals and traditions of the United States and the
Armed Forces.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the men and women in uniform of the Armed Forces of the
United States in Iraq should be commended for their on-going
service to the United States, their commitment to the ideals of
the United States, and their determination to win the Global
War on Terrorism;
(2) gratitude should be expressed to the families of the
Armed Forces of the United States, especially those families
who have lost loved ones in Operational Iraqi Freedom; and
(3) the people of the United States should honor those who
have paid the ultimate sacrifice and assist those families who
have loved ones in the Armed Forces of the United States
deployed overseas.
SEC. 1091. EXTENSION OF RETURNING WORKER EXEMPTION.
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; 8 U.S.C. 1184
note) is amended by striking ``2006'' and inserting ``2008''.
SEC. 1092. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
UNITED NATIONS PEACEKEEPING OPERATIONS.
(a) In General.--Section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) is
amended by adding at the end the following:
``(v) For assessments made during calendar
years 2005, 2006, and 2007, 27.10 percent.''.
(b) Conforming Amendment.--Section 411 of the Department of State
and Related Agency Appropriations Act, 2005 (title IV of division B of
Public Law 108-447; 22 U.S.C. 287e note) is repealed.
SEC. 1093. TERMINATION OF PROGRAM.
Section 711(c) of the Small Business Competitive Demonstration
Program Act of 1988 (15 U.S.C. 644 note) is amended by inserting after
``January 1, 1989'' the following: ``, and shall terminate on the date
of enactment of the National Defense Authorization Act for Fiscal Year
2007''.
SEC. 1094. 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 a certain 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 a certain design patent numbered 55,398
(for the badge of the American Legion Women's Auxiliary) 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 a certain design patent numbered 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. 1095. 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 3034(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. 1096. SENSE OF CONGRESS ON IRAQ SUMMIT.
Sense of Congress.--It is the sense of Congress that the President
should convene a summit as soon as possible that includes the leaders
of the Government of Iraq, leaders of the governments of each country
bordering Iraq, representatives of the Arab League, the Secretary
General of the North Atlantic Treaty Organization, representatives of
the European Union, and leaders of the governments of each permanent
member of the United Nations Security Council, for the purpose of
reaching a comprehensive political agreement for Iraq that addresses
fundamental issues including federalism, oil revenues, the militias,
security guarantees, reconstruction, economic assistance, and border
security.
TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY
SEC. 1101. ACCRUAL OF ANNUAL LEAVE FOR MEMBERS OF THE UNIFORMED
SERVICES ON TERMINAL LEAVE 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 is also entitled
to accrue annual leave with pay in the manner specified in section
6303(a) of this title for a retired member of the uniformed
services.''.
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, Strategic 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 technical workforce (including scientists
and engineers) of the Department of Defense.
(b) Scope of Plan.--The strategic plan required by subsection (a)
shall cover, at a minimum, the following categories of Department of
Defense civilian personnel:
(1) Appointees in the senior executive service under
section 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 by 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 subsection
(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 projected changes in the mission and
organization of the Department and in light of staff
support needed to accomplish that mission;
(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 management, 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
Department 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 personnel 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 development, 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,
functional, and technical workforce of the Department
is managed in compliance with the requirements of
section 129 of title 10, United States Code.
SEC. 1103. AUTHORITY TO EQUALIZE ALLOWANCES, BENEFITS, AND GRATUITIES
OF PERSONNEL ON OFFICIAL DUTY IN IRAQ AND AFGHANISTAN.
(a) Findings.--Congress makes the following findings:
(1) As part of the United States effort to bring democracy
and freedom to Iraq and Afghanistan, employees of a broad range
of Federal agencies are needed to serve in those countries,
furnishing expertise to their counterpart agencies in the
Government of Iraq and the Government of Afghanistan.
(2) While the heads of a number of Federal agencies already
possess authority to provide to their personnel on official
duty abroad allowances, benefits, and death gratuities
comparable to those provided by the Secretary of State to
similarly-situated Foreign Service personnel on official duty
abroad, other agency heads do not possess such authority.
(3) In order to assist the United States Government in
recruiting personnel to serve in Iraq and Afghanistan, and to
avoid inequities in allowances, benefits, and death gratuities
among similarly-situated United States Government civilian
personnel on official duty in these countries, it is essential
that the heads of all agencies that have personnel on official
duty in Iraq and Afghanistan have the same basic authority with
respect to allowances, benefits, and death gratuities for such
personnel.
(b) In General.--During any fiscal year, the head of an agency may,
in the agency head's discretion, provide to an individual employed by,
or assigned or detailed to, such agency allowances, benefits, and
gratuities comparable to those provided by the Secretary of State to
members of the Foreign Service under section 413 and chapter 9 of title
I of the Foreign Service Act of 1980 (22 U.S.C. 3973; 4081 et seq.), if
such individual is on official duty in Iraq or Afghanistan.
(c) Construction.--Nothing in this section shall be construed to
impair or otherwise affect the authority of the head of an agency under
any other provision of law.
SEC. 1104. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY MEMBERS
OF INDIVIDUALS PERFORMING CERTAIN MILITARY SERVICE.
(a) Federal Employees Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an
individual who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of
children or other dependent family members of a
qualified member of the Armed Forces.
(B) Covered period of service.--The term ``covered
period of service'' means any period of service
performed by an employee as a caregiver while the
individual who designated the caregiver under paragraph
(3) remains a qualified member of the Armed Forces.
(C) Employee.--The term ``employee'' has the
meaning given under section 6331 of title 5, United
States Code.
(D) Family member.--The term ``family member''
includes--
(i) individuals for whom the qualified
member of the Armed Forces provides medical,
financial, and logistical support (such as
housing, food, clothing, or transportation);
and
(ii) children under the age of 19 years,
elderly adults, persons with disabilities, and
other persons who are unable to care for
themselves in the absence of the qualified
member of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the
Armed Forces as described under section 10101
of title 10, United States Code, who has
received notice to report to, or is serving on,
active duty in the Armed Forces in support of a
contingency operation as defined under section
101(a)(13) of title 10, United States Code; or
(ii) a member of the Armed Forces on active
duty who is eligible for hostile fire or
imminent danger special pay under section 310
of title 37, United States Code.
(2) Establishment of program.--The Office of Personnel
Management shall establish a program to authorize a caregiver
to--
(A) use any sick leave of that caregiver during a
covered period of service in the same manner and to the
same extent as annual leave is used; and
(B) use any leave available to that caregiver under
subchapter III or IV of chapter 63 of title 5, United
States Code, during a covered period of service as
though that covered period of service is a medical
emergency.
(3) Designation of caregiver.--
(A) In general.--A qualified member of the Armed
Forces shall submit a written designation of the
individual who is the caregiver for any family member
of that member of the Armed Forces during a covered
period of service to the employing agency and the
Office of Personnel Management.
(B) Designation of spouse.--Notwithstanding
paragraph (1)(A)(ii), an individual less than 21 years
of age may be designated as a caregiver if that
individual is the spouse of the qualified member of the
Armed Forces making the designation.
(4) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or resulting
from, the designation of an employee as a caregiver.
(5) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Office of Personnel Management shall
prescribe regulations to carry out this subsection.
(6) Termination.--The program under this subsection shall
terminate on December 31, 2007.
(b) Voluntary Private Sector Leave Program.--
(1) Definitions.--
(A) Caregiver.--The term ``caregiver'' means an
individual who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of
children or other dependent family members of a
qualified member of the Armed Forces.
(B) Covered period of service.--The term ``covered
period of service'' means any period of service
performed by an employee as a caregiver while the
individual who designated the caregiver under paragraph
(4) remains a qualified member of the Armed Forces.
(C) Employee.--The term ``employee'' means an
employee of a business entity participating in the
program under this subsection.
(D) Family member.--The term ``family member''
includes--
(i) individuals for whom the qualified
member of the Armed Forces provides medical,
financial, and logistical support (such as
housing, food, clothing, or transportation);
and
(ii) children under the age of 19 years,
elderly adults, persons with disabilities, and
other persons who are unable to care for
themselves in the absence of the qualified
member of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the
Armed Forces as described under section 10101
of title 10, United States Code, who has
received notice to report to, or is serving on,
active duty in the Armed Forces in support of a
contingency operation as defined under section
101(a)(13) of title 10, United States Code; or
(ii) a member of the Armed Forces on active
duty who is eligible for hostile fire or
imminent danger special pay under section 310
of title 37, United States Code.
(2) Establishment of program.--
(A) In general.--The Secretary of Labor may
establish a program to authorize employees of business
entities described under paragraph (3) to use sick
leave, or any other leave available to an employee,
during a covered period of service in the same manner
and to the same extent as annual leave (or its
equivalent) is used.
(B) Exception.--Subparagraph (A) shall not apply to
leave made available under the Family and Medical Leave
Act of 1993 (29 U.S.C. 2601 et seq.).
(3) Voluntary business participation.--The Secretary of
Labor may solicit business entities to voluntarily participate
in the program under this subsection.
(4) Designation of caregiver.--
(A) In general.--A qualified member of the Armed
Forces shall submit a written designation of the
individual who is the caregiver for any family member
of that member of the Armed Forces during a covered
period of service to the employing business entity.
(B) Designation of spouse.--Notwithstanding
paragraph (1)(A)(ii), an individual less than 21 years
of age may be designated as a caregiver if that
individual is the spouse of the qualified member of the
Armed Forces making the designation.
(5) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or resulting
from, the designation of an employee as a caregiver.
(6) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor may prescribe
regulations to carry out this subsection.
(7) Termination.--The program under this subsection shall
terminate on December 31, 2007.
(c) GAO Report.--Not later than June 30, 2007, the Government
Accountability Office shall submit a report to Congress on the programs
under subsections (a) and (b) that includes--
(1) an evaluation of the success of each program; and
(2) recommendations for the continuance or termination of
each program.
SEC. 1105. THREE-YEAR EXTENSION OF AUTHORITY FOR EXPERIMENTAL PERSONNEL
MANAGEMENT PROGRAM FOR SCIENTIFIC 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 ``September 30,
2011''.
TITLE XII--MATTERS RELATING TO OTHER NATIONS
Subtitle A--General Matters
SEC. 1201. EXPANSION OF HUMANITARIAN AND CIVIC ASSISTANCE TO INCLUDE
COMMUNICATIONS AND INFORMATION CAPACITY.
Section 401 of title 10, United States Code, as amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (4), and (5), respectively;
(B) by inserting after paragraph (1) end the
following new paragraph (2):
``(2) Expenses covered by paragraph (1) include communications or
information systems equipment or supplies incurred in providing
assistance described in subsection (e)(4).''; and
(C) in paragraph (4), as redesignated by
subparagraph (A) of this paragraph, by striking
``paragraph (2)(B)'' and inserting ``paragraph
(3)(B)''; and
(2) in subsection (e)(4), by inserting before the period
the following: ``, including information and communications
technology facilities''.
SEC. 1202. MODIFICATION OF AUTHORITIES RELATING TO THE REGIONAL DEFENSE
COUNTERTERRORISM FELLOWSHIP PROGRAM.
(a) Redesignation of Program as Regional Defense Combatting
Terrorism Fellowship Program.--Section 2249c of title 10, United States
Code, is amended in subsections (a) and (c)(3), by striking
``Counterterrorism'' and inserting ``Combatting Terrorism''.
(b) Availability of Funds.--
(1) In general.--Subsection (a) of such section is further
amended by striking ``the attendance'' and all that follows
through ``military educational institutions'' and inserting
``the education and training of foreign military officers and
other foreign officials at military or civilian educational
institutions''.
(2) Increase in amount available.--Subsection (b) of such
section is amended by striking ``$20,000,000'' and inserting
``$25,000,000''.
(3) Availability of amounts 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.''.
(c) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 2249c. Authority to use appropriated funds for education and
training of foreign visitors under Regional Defense
Combatting Terrorism Fellowship Program''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 134 of such title is
amended by striking the item relating to section 2249c and
insert the following new item:
``2249c. Authority to use appropriated funds for education and training
of foreign visitors under Regional Defense
Combatting Terrorism Fellowship Program.''.
SEC. 1203. LOGISTIC SUPPORT OF ALLIED FORCES FOR COMBINED OPERATIONS.
(a) Authority To Use Funds To Provide Support.--
(1) In general.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by inserting after section 2249c
the following new section:
``Sec. 2249d. Authority to use appropriated funds for logistic support
of allied forces for combined operations
``(a) Authority To Use Funds.--Subject to subsections (b) and (c),
funds appropriated to the Department of Defense for operation and
maintenance may be used by the Secretary of Defense, with the
concurrence of the Secretary of State, to provide logistic support,
supplies, and services to allied forces participating in combined
operations with the armed forces of the United States.
``(b) Limitation Relating to Combined Operations.--The authority in
subsection (a) to provide logistic support, supplies, and services may
be exercised only--
``(1) with respect to combined operations during a period
of active hostilities, a contingency operation, or a noncombat
operation (including an operation in support of the provision
of humanitarian or foreign disaster assistance, country
stabilization operations, or peacekeeping operations under
chapter VI or VII of the Charter of the United Nations); and
``(2) in circumstances in which the Secretary of Defense
determines that the allied forces to be provided such logistic
support, supplies, and services--
``(A) are essential to the success of such combined
operations; and
``(B) would not be able to participate in such
combined operations but for the provision of such
logistic support, supplies, and services.
``(c) Limitations Relating to Amount.--(1) Except as provided in
paragraph (2), the amount of logistic support, supplies, and services
provided under subsection (a) in any fiscal year may not exceed
$100,000,000.
``(2) In any fiscal year, in addition to any logistic support,
supplies, and services provided under subsection (a) that are covered
by paragraph (1), logistic support, supplies, and services in the
amount of $5,000,000 may be provided under that subsection if such
support, supplies, and services are solely for purposes of enhancing
the interoperability of the logistical support systems of allied forces
with the logistical support systems of the armed forces of the United
States in order to facilitate combined operations.
``(d) Annual Report.--Not later than December 31 each year, the
Secretary of Defense, in coordination with the Secretary of State,
shall submit to the appropriate committees of Congress a report on the
use of the authority in subsection (a) during the preceding fiscal
year. Each report shall include, for the fiscal year covered by such
report, the following:
``(1) Each nation provided logistic support, supplies, and
services.
``(2) For each such nation, a description of the type and
value of logistic support, supplies, and services so provided.
``(e) Definitions.--In this section:
``(1) The term `appropriate committees of Congress' means--
``(A) the Committees on Armed Services and Foreign
Relations of the Senate; and
``(B) the Committees on Armed Services and
International Relations of the House of
Representatives.
``(2) The term `logistic support, supplies, and services'
has the meaning given such term in section 2350(1) of this
title and includes sealift.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of such chapter is amended by
inserting after the item relating to section 2249c the
following new item:
``2249d. Authority to use appropriated funds for logistic support of
allied forces for combined operations.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2006, and shall apply with respect to fiscal years
beginning on or after that date.
SEC. 1204. EXCLUSION OF PETROLEUM, OIL, AND LUBRICANTS FROM LIMITATIONS
ON 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 by adding at the end the following new subsection:
``(d) The limitations in this section on the amount of reimbursable
liabilities or reimbursable credits that the United States may accrue
under this subchapter shall not apply with respect to the sale,
purchase, or exchange of petroleum, oils, or lubricants.''.
(b) Conforming Amendments.--Paragraphs (1) and (2) of subsection
(a) of such section are each amended by striking ``(other than
petroleum, oils, and lubricants)''.
SEC. 1205. TEMPORARY AUTHORITY TO USE ACQUISITION AND CROSS-SERVICING
AGREEMENTS TO LOAN SIGNIFICANT MILITARY EQUIPMENT TO
FOREIGN FORCES IN IRAQ AND AFGHANISTAN FOR PERSONNEL
PROTECTION AND SURVIVABILITY.
(a) Authority.--
(1) In general.--Subject to paragraphs (2) and (3), the
Secretary of Defense may treat significant military equipment
as logistic support, supplies, and services under subchapter I
of chapter 138 of title 10, United States Code, for purposes of
providing for the use of such equipment by military forces of
nations participating in combined operations with United States
Forces in Iraq and Afghanistan if the Secretary, with the
concurrence of the Secretary of State, determines in writing
that it is in the national security interests of the United
States to provide for the use of such equipment in such manner.
(2) Limitation on duration of provision.--Equipment may be
used by foreign military forces under this subsection for not
longer than one year.
(3) Limitation on use.--Equipment may be used by foreign
military forces under this subsection solely for personnel
protection or to aid in the personnel survivability of such
forces.
(b) Semiannual Reports.--
(1) Reports required.--The Secretary of Defense shall, in
coordination with the Secretary of State, submit to the
appropriate committees of Congress a report on the exercise of
the authority in subsection (a) as follows:
(A) If the authority is exercised during the first
six-month period of a fiscal year, not later than 30
days after such period.
(B) If the authority is exercised during the second
six-month period of a fiscal year, not later than 30
days after such period.
(2) Elements.--Each report under paragraph (1) shall
include, for each exercise of authority under subsection (a)
during the period covered by such report, the following:
(A) A copy of the written determination under
subsection (a) with respect to the exercise of such
authority.
(B) A statement of each recipient of equipment
under the exercise of such authority.
(C) A description of the type, quantity, and value
of the equipment supplied to each such recipient, and a
description of the terms and duration of the supply of
the equipment to such recipient.
(c) Construction With Limitations on Transfer of Military
Equipment.--The provision of significant military equipment for use
under this section shall be subject to the provisions of the Arms
Export Control Act (22 U.S.C. 2751 et seq.) and of any other export
control regime under law relating to the transfer of military
technology to foreign nations.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committees on Armed Services and Foreign
Relations of the Senate; and
(B) the Committees on Armed Services and
International Relations of the House of
Representatives.
(2) The term ``significant military equipment'' means items
designated as significant military equipment on the United
States Munitions List under section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778(a)(1)).
(e) Expiration.--The authority in subsection (a) shall expire on
September 30, 2008.
SEC. 1206. MODIFICATION OF AUTHORITIES RELATING TO THE BUILDING OF THE
CAPACITY OF FOREIGN MILITARY FORCES.
(a) Funds Available for Presidential Program.--Subsection (c) of
section 1206 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3456) is amended by striking
``defense-wide''.
(b) Limited Authority To Respond to Unanticipated Changes in
Security Environment.--Such section is further amended--
(1) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Combatant Commander Authority To Respond to Unanticipated
Changes in Security Environment.--
``(1) In general.--During fiscal years 2007 and 2008, the
Secretary of Defense may, with the concurrence of the Secretary
of State, authorize any commander of a geographic combatant
command to respond to unanticipated changes in a security
environment within the area of responsibility of such commander
by conducting a program to build the capacity of the national
military forces of a country within such area of responsibility
in order for such country to--
``(A) conduct counterterrorist operations; or
``(B) participate in or support military and
stability operations.
``(2) Required elements.--Any program under paragraph (1)
shall include elements that promote--
``(A) observance of and respect for human rights
and fundamental freedoms; and
``(B) respect for legitimate civilian authority
within the country concerned.
``(3) Authorized elements.--Any program under paragraph (1)
may include the provision of equipment, supplies, and training.
``(4) Annual funding limitation.--The Secretary of Defense
may make available, from funds available for operation and
maintenance for fiscal year 2007 or 2008, not to exceed
$200,000,000 to conduct activities under paragraph (1) in such
fiscal year. Of the amount so made available for a fiscal year,
not more than $50,000,000 may be available for any commander of
a particular geographic combatant command in such fiscal year.
Amounts available under this paragraph are in addition to any
other amounts available to the commanders of the geographic
combatant commands, including amounts in the Combatant
Commanders Initiative Fund.
``(5) Assistance otherwise prohibited by law.--The
commander of a geographic combatant command may not use the
authority in paragraph (1) to provide any type of assistance
described in paragraphs (2) and (3) that is otherwise
prohibited by any provision of law.
``(6) Limitation on eligible countries.--The commander of a
geographic combatant command may not use the authority in
paragraph (1) to provide any type of assistance described in
paragraphs (2) and (3) to any foreign country that is otherwise
prohibited from receiving such type of assistance under any
other provision of law.
``(7) Formulation and execution of programs.--The Secretary
of Defense shall prescribe guidance for programs authorized by
paragraph (1). Such guidance shall include requirements for the
commanders of the geographic combatant commands to--
``(A) formulate any program under paragraph (1) for
a country jointly with the United States ambassador or
chief of mission to such country; and
``(B) coordinate with the United States ambassador
or chief of mission to a country in implementing any
program under paragraph (1) for such country.
``(8) Congressional notification.--Not less than 15 days
after the initiation of activities in a country under a program
under paragraph (1), the Secretary of Defense, in coordination
with the Secretary of State, shall submit to the congressional
committees specified in subsection (e)(3) a notice of the
following:
``(A) The country being assisted in the building of
the capacity of its military forces under the program.
``(B) The budget, implementation timeline with
milestones, and completion date for the program.
``(C) The source and planned expenditure of funds
to complete the program.''.
(c) Limited Authority To Meet Unanticipated Humanitarian Relief or
Reconstruction Requirements.--Such section is further amended by
inserting after subsection (f), as added by subsection (b)(2) of this
section, the following new subsection (g):
``(g) Combatant Commander Authority To Meet Unanticipated
Humanitarian Relief or Reconstruction Requirements.--
``(1) In general.--During fiscal years 2007 and 2008, the
Secretary of Defense may authorize any commander of a
geographic combatant command to provide the assistance
described in paragraph (2) to respond to urgent and
unanticipated humanitarian relief or reconstruction
requirements in a foreign country within the area of
responsibility of the commander of the geographic combatant
command if the commander of the geographic combatant command
determines that the provision of such assistance will promote
the security interests of the United States and the country to
which such assistance will be provided. Such assistance may be
provided without regard to any provision of chapter 137, 140,
or 141 of title 10, United States Code, or any other provision
of law that would prohibit, restrict, or limit the provision of
such assistance.
``(2) Types of assistance.--The assistance that may be
provided under paragraph (1) includes the following:
``(A) Construction, reconstruction, or repair of
municipal, educational, cultural, or other local
facilities.
``(B) Reconstitution or improvement of utilities or
other local infrastructure.
``(C) Provision of any other goods or services
necessary to respond to urgent and unanticipated
humanitarian relief or reconstruction requirements.
``(3) Prohibition on assistance in certain countries.--
Assistance may not be provided under paragraph (1) in Iraq or
Afghanistan.
``(4) Annual funding limitation.--From funds available for
operation and maintenance for fiscal year 2007 or 2008, not
more than $200,000 may be available to the commander of a
geographic combatant command to conduct activities under
paragraph (1) in any particular country in such fiscal year.
Amounts available under this paragraph are in addition to any
other amounts available to the commanders of the geographic
combatant commands, including amounts in the Combatant
Commanders Initiative Fund.
``(5) Construction of authority.--The authority and funds
available to the commanders of the geographic combatant
commands under this subsection are in addition to any other
authorities and funds available to the commanders of the
geographic combatant commands.
``(6) Guidance on provision of assistance.--(A) No funds
may be obligated or expended for the provision of assistance
under paragraph (1) until the Secretary of Defense prescribes
guidance on the provision of assistance under that paragraph.
``(B) The guidance under this paragraph shall include a
requirement that any assistance provided under paragraph (1) in
a particular country be provided only with the concurrence of
the United States ambassador or chief of mission to that
country.
``(C) Not later than 30 days after the issuance of the
guidance under this paragraph, the Secretary shall submit to
the congressional defense committees a report setting forth
such guidance.
``(D) Not later than 30 days after issuing any modification
to the guidance under this paragraph, the Secretary shall
submit to the congressional defense committees a report on such
modification.
``(7) Report.--Not later than November 1 of 2007 and 2008,
the Secretary of Defense shall submit to the congressional
defense committees a report on the provision of assistance
under paragraph (1) during the preceding fiscal year. Each
report shall include, for the fiscal year covered by such
report, the following:
``(A) The source of funds utilized to provide
assistance under paragraph (1) during such fiscal year.
``(B) Each country in which assistance was so
provided.
``(C) For each country so provided assistance, the
type and amount of assistance provided.''.
(d) Termination of Authority.--Subsection (i) of such section, as
redesignated by subsection (b)(1) of this section, is further amended
to read as follows:
``(i) Termination.--
``(1) Termination of presidential program.--The authority
of the President under subsection (a) to direct the Secretary
of Defense to conduct a program 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.
``(2) Termination of combatant commander authorities.--The
authority of the commanders of the geographic combatant
commands to carry out programs under subsection (f), and to
provide assistance under subsection (g), terminates at the
close of September 30, 2008. Any program or assistance
commenced before that date may be completed, but only using
funds available for fiscal year 2007 or 2008.''.
SEC. 1207. 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 the Department of Defense, and of
members of the armed forces and civilian personnel of the Department,
in multinational military centers of excellence hosted by any nation or
combination 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 centers to
engage in joint exercises or coalition or international
military operations; 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 section are
as follows:
(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
Secretary of Defense, with the concurrence of the Secretary of
State, for purposes of this section.
(c) Memorandum of Understanding.--The participation of the
Department of Defense, or of members of the armed forces or civilian
personnel of the Department, in a multinational military center of
excellence under subsection (a) shall be governed by the terms of one
or more memoranda of understanding entered into by the Secretary of
Defense, with the concurrence of the Secretary of State, and the
foreign nation or nations concerned.
(d) Availability of Appropriated Funds.--(1) Funds appropriated to
the Department of Defense for operation and maintenance are available
as follows:
(A) To pay the United States share of the 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 the Department
of Defense, and of members of the armed forces and civilian
personnel of the Department, in multinational military centers
of excellence under this section, including the costs of pay,
salaries, and expenses of such members and personnel in
participating in such centers.
(2) 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.
(e) Use of Department of Defense Facilities and Equipment.--(1)
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.
(2) The use of facilities and equipment for support of a
multinational military center of excellence under paragraph (1) may, at
the election of the Secretary of Defense, be with or without
reimbursement by other nations participating in the center.
(f) Report on Use of Authority.--
(1) Report required.--Not later than October 31, 2007, the
Secretary of Defense shall submit to the congressional defense
committees 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
multinational 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
(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).
(g) Definitions.--In this section:
(1) The term ``multinational military center of
excellence'' means an entity sponsored by one or more nations
that is accredited and approved by the North Atlantic Treaty
Organization military committee as offering recognized
expertise and experience to personnel participating in the
activities of such entity for the benefit of the North Atlantic
Treaty Organization 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) 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 for purposes of
this section by the Secretary of Defense with the concurrence
of the Secretary of State.
SEC. 1208. DISTRIBUTION OF EDUCATION AND TRAINING MATERIALS AND
INFORMATION TECHNOLOGY TO ENHANCE INTEROPERABILITY.
(a) Distribution Authorized.--In furtherance of the national
security objectives of the United States and to improve
interoperability between the Armed Forces of the United States and
military forces of friendly foreign countries, the Secretary of Defense
may--
(1) provide to the personnel referred to in subsection (b)
electronically-distributed learning content for the education
and training of such personnel for the development and
enhancement of allied and friendly military capabilities for
multinational operations, including joint exercises and
coalition operations; and
(2) provide information technology, including computer
software developed for such purpose, to support the use of such
learning content for the education and training of such
personnel.
(b) Personnel.--The personnel to which learning content and
information technology may be provided under subsection (a) are as
follows:
(1) Military and civilian personnel of friendly foreign
governments.
(2) Personnel of internationally-recognized nongovernmental
organizations.
(c) Education and Training.--The education and training provided
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) Information Technology.--In providing information technology
under subsection (a)(2), the Secretary of Defense may only expend funds
for the development and provision of information technology and
learning content necessary to support the provision of education and
training authorized by this section.
(e) Secretary of State Concurrence in Certain Activities.--In the
case of any activity proposed to be undertaken under the authority in
this section that is not authorized by another provision of law, the
Secretary of Defense may not undertake such activity without the
concurrence of the Secretary of State.
(f) Construction With Other Authority.--
(1) Supplemental authority.--The authority in this section
is in addition to any other authority available to the
Secretary of Defense to provide assistance to foreign nations
or military forces.
(2) Limitation.--The provision of learning content and
information technology under the authority in 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.
(g) Guidance.--
(1) Guidance required.--The Secretary of Defense shall
develop and issue guidance on the procedures for the use of the
authority in this section.
(2) Submittal to congress.--Not later than 30 days after
issuing the guidance required by paragraph (1), the Secretary
shall submit to the congressional defense committees a report
setting forth such guidance.
(3) Modification.--In the event the Secretary modifies the
guidance required by paragraph (1), the Secretary shall submit
to the congressional defense committees a report setting forth
the modified guidance not later than 30 days after the date of
such modification.
(h) Annual Report.--
(1) Report required.--Not later than October 31 of 2007 and
2008, the Secretary of Defense shall submit to the
congressional defense committees a report on the exercise of
the authority in this section during the preceding fiscal year.
(2) Elements.--The 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.
(i) Termination.--The authority in this section shall expire on
September 30, 2008.
SEC. 1209. UNITED STATES' POLICY ON THE NUCLEAR PROGRAMS OF IRAN.
(a) Findings.--Congress finds that:
(1) The pursuit by the Iranian regime of a capability to
produce nuclear weapons represents a threat to the United
States, the middle east region, and international peace and
security.
(2) On May 31, 2006, Secretary of State Rice announced that
the United States would join negotiations with Iran, along with
the United Kingdom, France, and Germany, provided that Iran
fully and verifiably suspends its enrichment and reprocessing
activities.
(3) On June 1, 2006, President George W. Bush stated that
``Secretary Rice, at my instructions, said to the world that we
want to solve the problem of the Iranian nuclear issue
diplomatically. And we made it very clear publicly that we're
willing to come to the table, so long as the Iranians
verifiably suspend their program. In other words, we said to
the Iranians [that] the United States of America wants to work
with our partners to solve the problem''.
(4) On June 1, 2006, the United States, the United Kingdom,
France, Germany, the People's Republic of China, and the
Russian Federation agreed upon a package of incentives and
disincentives, which was subsequently presented to Iran by the
High Representative of the European Union, Javier Solana.
(b) Sense of Congress.--Congress--
(1) endorses the policy of the United States, announced May
31, 2006, 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 suspend fully and verifiably its
enrichment and reprocessing activities, cooperate fully with
the International Atomic Energy Agency, and enter into
negotiations, including with the United States, pursuant to the
package presented to Iran by the High Representative of the
European Union; and
(3) urges the President and the Secretary of State to keep
Congress fully and currently informed about the progress of
this vital diplomatic initiative.
SEC. 1210. MODIFICATION OF LIMITATIONS ON ASSISTANCE UNDER THE AMERICAN
SERVICEMEMBERS' PROTECTION ACT OF 2002.
Section 2013(13)(A) of the American Servicemembers' Protection Act
of 2002 (title II of Public Law 107-206; 116 Stat. 909; 22 U.S.C.
7432(13)(A)) is amended by striking ``or 5''.
SEC. 1211. SENSE OF THE CONGRESS COMMENDING THE GOVERNMENT OF IRAQ FOR
AFFIRMING ITS POSITION OF NO AMNESTY FOR TERRORISTS WHO
ATTACK UNITED STATES ARMED FORCES.
(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 2003.
(3) More than 2,500 of the Armed Forces of the United
States and members of coalition military forces have been
killed and more than 18,000 injured in operations to bring
peace and stability to all the people of Iraq.
(4) The National Security Advisor of Iraq affirmed that the
Government of Iraq will ``never give amnesty to those who have
killed American soldiers or Iraqi soldiers or civilians.''
(5) The National Security Advisor of Iraq thanked ``the
American wives and American women and American mothers for the
treasure and blood they have invested in this country . . . of
liberating 30 million people in this country . . . and we are
ever so grateful.''
(b) Sense of Congress.--It is the sense of Congress that--
(1) the goal of the United States and our coalition
partners has been to empower the Iraqi nation with full
sovereignty thereby recognizing their freedom to exercise that
sovereignty. Through successive elections and difficult
political agreements the unity government is now in place
exercising that sovereignty. We must respect that exercise of
that sovereignty in accordance with their own wisdom;
(2) history records that governments derived of free
elections should not grant amnesty to those who have committed
war crimes or terrorists acts; and
(3) the United States should continue with the historic
tradition of diplomatically, economically, and in a
humanitarian manner assisting nations and the people who have
fought once a conflict is concluded.
SEC. 1212. SENSE OF CONGRESS ON THE GRANTING OF AMNESTY TO PERSONS
KNOWN TO HAVE KILLED MEMBERS OF THE 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) 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 injured in operations to bring
peace and stability to all the people of Iraq.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Government of Iraq should not grant amnesty to
persons known to have attacked, killed, or wounded members of
the Armed Forces of the United States; and
(2) the President should immediately notify the Government
of Iraq that the Government of the United States strongly
opposes granting amnesty to persons who have attacked members
of the Armed Forces of the United States.
SEC. 1213. ANNUAL REPORTS ON UNITED STATES CONTRIBUTIONS TO THE UNITED
NATIONS.
(a) Annual Report Required.--Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the President
shall submit to Congress a report listing all assessed and voluntary
contributions of the United States Government for the preceding fiscal
year to the United Nations and United Nations affiliated agencies and
related bodies.
(b) Elements.--Each report 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
contributions of the United States Government to the United
Nations and United Nations affiliated agencies and related
bodies.
(2) The approximate percentage of United States Government
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. 1214. 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 envoy to act as coordinator of United
States policy on North Korea.
(2) Designation.--The individual appointed under paragraph
(1) may be known as the ``North Korea Policy Coordinator'' (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 including
matters related to security and human rights;
(B) provide policy direction for negotiations with
North Korea relating to nuclear weapons, ballistic
missiles, and other security matters; and
(C) provide leadership for United States
participation in Six Party Talks on the
denuclearization of the Korean peninsula.
(4) Report.--Not later than 90 days after the date of the
appointment of an individual as Coordinator under paragraph
(1), the Coordinator shall submit to the President and Congress
an unclassified report, with a classified annex if necessary,
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 matters on North Korea that the
individual considers appropriate.
(b) Report on Nuclear and Missile Programs of North Korea.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, and every 180 days thereafter,
the President shall submit to Congress an unclassified report,
with a classified annex as appropriate, on the nuclear program
and the missile program of North Korea.
(2) Elements.--Each report submitted under paragraph (1)
shall include the following:
(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 the 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 for each period as
follows:
(I) Before October 1994.
(II) Between October 1994 and October 2002.
(III) Between October 2002 and the date of
the submittal of the initial report under
paragraph (1).
(IV) Each 12-month period after the
submittal of the initial report under paragraph
(1).
(C) Any other matter relating to the nuclear
program or missile program of North Korea that the
President considers appropriate.
SEC. 1215. COMPREHENSIVE STRATEGY FOR SOMALIA.
(a) Sense of Senate.--It is the sense of the Senate that the United
States should--
(1) support the development of the Transitional Federal
Institutions in Somalia into a unified national government,
support humanitarian assistance to the people of Somalia,
support efforts to prevent Somalia from becoming a safe haven
for terrorists and terrorist activities, and support regional
stability;
(2) broaden and integrate its strategic approach toward
Somalia within the context of United States activities in
countries of the Horn of Africa, including Djibouti, Ethiopia,
Kenya, Eritrea, and in Yemen on the Arabian Peninsula; and
(3) carry out all diplomatic, humanitarian, counter-
terrorism, and security-related activities in Somalia within
the context of a comprehensive strategy developed through an
interagency process.
(b) Development of a Comprehensive Strategy for Somalia.--
(1) Requirement for strategy.--Not later then 90 days after
the date of the enactment of this Act, the President shall
develop and submit to the appropriate committees of Congress a
comprehensive strategy toward Somalia within the context of
United States activities in the countries of the Horn of
Africa.
(2) Content of strategy.--The strategy should include the
following:
(A) A clearly stated policy towards Somalia that
will help establish a functional, legitimate, 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) An integrated political, humanitarian,
intelligence, and military approach to counter
transnational security threats in Somalia within the
context of United States activities in the countries of
the Horn of Africa.
(C) An interagency framework to plan, coordinate,
and execute United States activities in Somalia within
the context of other activities in the countries of the
Horn of Africa among the agencies and departments of
the United States to oversee policy and program
implementation.
(D) A description of the type and form of
diplomatic engagement to coordinate the implementation
of the United States policy in Somalia.
(E) A description of bilateral, regional, and
multilateral efforts to strengthen and promote
diplomatic engagement in Somalia.
(F) A description of appropriate metrics to measure
the progress and effectiveness of the United States
policy towards Somalia and throughout the countries of
the Horn of Africa.
(G) Guidance on the manner in which the strategy
will be implemented.
(c) Annual Reports.--Not later than April 1, 2007, and annually
thereafter, the President shall prepare and submit to the appropriate
committees of Congress a report on the status of the implementation of
the strategy.
(d) Form.--Each report under this section shall be submitted in
unclassified form, but may include a classified annex.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Foreign Relations, and the Select
Committee Intelligence of the Senate; and
(2) the Committee on Appropriations, the Committee on Armed
Services, the Committees on International Relations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1216. INTELLIGENCE ON IRAN.
(a) Submittal to Congress of Updated National Intelligence Estimate
on Iran.--
(1) Submittal required.--As soon as is practicable, but not
later than 90 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to Congress
an updated National Intelligence Estimate on Iran.
(2) Notice regarding submittal.--If the Director determines
that the National Intelligence Estimate required by paragraph
(1) cannot be submitted by the date specified in that
paragraph, the Director shall submit to Congress a report
setting forth--
(A) the reasons why the National Intelligence
Estimate cannot be submitted by such date; and
(B) an estimated date for the submittal of the
National Intelligence Estimate.
(3) Form.--The National Intelligence Estimate under
paragraph (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.
(4) Elements.--The National Intelligence Estimate submitted
under paragraph (1) shall address the following:
(A) The foreign policy and regime objectives of
Iran.
(B) The current status of the nuclear programs of
Iran, including--
(i) an assessment of the current and
projected capabilities of Iran to design a
nuclear weapon, to produce plutonium, enriched
uranium, and other weapons materials, to build
a nuclear weapon, and to deploy a nuclear
weapon; and
(ii) an assessment of the intentions of
Iran regarding possible development of nuclear
weapons, the motivations underlying such
intentions, and the factors that might
influence changes in such intentions.
(C) The military and defense capabilities of Iran,
including any non-nuclear weapons of mass destruction
programs and related delivery systems.
(D) The relationship of Iran with terrorist
organizations, the use by Iran of terrorist
organizations in furtherance of its foreign policy
objectives, and the factors that might cause Iran to
reduce or end such relationships.
(E) The prospects for support from the
international community for various potential courses
of action with respect to Iran, including diplomacy,
sanctions, and military action.
(F) The anticipated reaction of Iran to the courses
of action set forth under subparagraph (E), including
an identification of the course or courses of action
most likely to successfully influence Iran in
terminating or moderating its policies of concern.
(G) The level of popular and elite support within
Iran for the Iran regime, and for its civil nuclear
program, nuclear weapons ambitions, and other policies,
and the prospects for reform and political change
within Iran.
(H) The views among the populace and elites of Iran
with respect to the United States, including views on
direct discussions with or normalization of relations
with the United States.
(I) The views among the populace and elites of Iran
with respect to other key countries involved in nuclear
diplomacy with Iran.
(J) The likely effects and consequences of any
military action against the nuclear programs or other
regime interests of Iran.
(K) The confidence level of key judgments in the
National Intelligence Estimate, the quality of the
sources of intelligence on Iran, the nature and scope
of any gaps in intelligence on Iran, and any
significant alternative views on the matters contained
in the National Intelligence Estimate.
(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 the
following:
(A) The objectives of United States policy on Iran.
(B) The strategy for achieving such objectives.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form with a classified annex, as
appropriate.
(3) Elements.--The report submitted under paragraph (1)
shall--
(A) address the role of diplomacy, incentives,
sanctions, other punitive measures and incentives, and
other programs 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.
(c) Director of National Intelligence Report on Process for Vetting
and Clearing Administration Officials' Statements Drawn From
Intelligence.--
(1) Report required.--As soon as is practicable, but not
later than 90 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to Congress
a report on the process for vetting and clearing statements of
Administration officials that are drawn from or rely upon
intelligence.
(2) Elements.--The report shall--
(A) describe current policies and practices of the
Office of the Director of National Intelligence and the
intelligence community for--
(i) vetting and clearing statements of
senior Administration officials that are drawn
from or rely upon intelligence; and
(ii) how significant misstatements of
intelligence that may occur in public
statements of senior public officials are
identified, brought to the attention of any
such officials, and corrected;
(B) assess the sufficiency and adequacy of such
policies and practices; and
(C) include any recommendations that the Director
considers appropriate to improve such policies and
practices.
SEC. 1217. REPORTS ON IMPLEMENTATION OF THE DARFUR PEACE AGREEMENT.
(a) Requirement for Reports.--Not later than 30 days after the date
of the enactment of this Act, and every 60 days thereafter until the
date that the President submits the certification described in
subsection (b), the President shall submit to Congress a report on the
implementation of the Darfur Peace Agreement of May 5, 2006, and the
situation in Darfur, Sudan. Each such report shall include--
(1) a description of the steps being taken by the
Government of Sudan, the Sudan Liberation Movement/Army (SLM/
A), and other parties to the Agreement to uphold their
commitments to--
(A) demobilize and disarm the Janjaweed, as stated
in paragraphs 214(F), 338, 339, 340, 366, 387, and 368
of the Agreement;
(B) provide secure, unfettered access for
humanitarian personnel and supplies, as stated in
paragraph 214(E) of the Agreement;
(C) ensure that foreign combatants respect the
provisions of the Agreement, as stated in paragraphs
341 through 344 of the Agreement; and
(D) expedite the safe and voluntary return of
internally-displaced persons and refugees to their
places of origin, as stated in paragraphs 182 through
187 of the Agreement; and
(2) a description of any violation of the Agreement and any
delay in implementing the Agreement, including any such
violation or delay that compromises the safety of civilians,
and the names of the individuals or entities responsible for
such violation or delay;
(3) a description of any attacks against civilians and any
activities that disrupt implementation of the Agreement by
armed persons who are not a party to the Agreement; and
(4) a description of the ability of the Ceasefire
Commission, the African Union Mission in Sudan, and the other
organizations identified in the Agreement to monitor the
implementation of the Agreement, and a description of any
obstruction to such monitoring.
(b) Certification.--The certification described in this subsection
is a certification made by the President and submitted to Congress that
the Government of Sudan has fulfilled its obligations under the Darfur
Peace Agreement of May 5, 2006, to demobilize and disarm the Janjaweed
and to protect civilians.
(c) Form and Availability of Reports.--
(1) Form.--A report submitted under this section shall be
in an unclassified form and may include a classified annex.
(2) Availability.--The President shall make the
unclassified portion of a reported submitted under this section
available to the public.
Subtitle B--Report Matters
SEC. 1221. REPORT ON INCREASED ROLE AND 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 coordination with
the Secretary of State, shall submit to the appropriate committees of
Congress a report on an increased role and 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, and 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 whether and how members of the United
Nations Command in the Republic of Korea might be persuaded to
deploy military forces in peacetime to the Republic of Korea to
bolster the deterrence mission of the United Nations Command.
(4) An assessment of how the military and political
requirements for United States military forces in the Republic
of Korea might be affected were multinational partners in the
United Nations Command in the Republic of Korea to increase
their contribution of military forces stationed in the Republic
of Korea.
(5) An assessment of whether and how the contribution of
additional military forces to the United Nations Command in the
Republic of Korea by a multinational partner might affect that
partner's approach to facilitating a diplomatic resolution of
the nuclear challenge posed by the Democratic Peoples Republic
of Korea.
(c) Form.--The report required by subsection (a) shall be submitted
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 Relations
of the Senate; and
(2) the Committees on Armed Services and International
Relations of the House of Representatives.
SEC. 1222. REPORT ON INTERAGENCY OPERATING PROCEDURES FOR STABILIZATION
AND RECONSTRUCTION OPERATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should bring to bear all
elements of national power to achieve its national security
objectives, including stabilization and reconstruction
operations;
(2) civilian agencies of the United States Government lack
the capacity to deploy rapidly, and for sustained periods of
time, trained personnel to support stabilization and
reconstruction operations in the field;
(3) civilian agencies of the United States Government
should expand their capacity to plan, coordinate, and conduct
stabilization and reconstruction operations, including their
capacity to deploy civilians with relevant expertise to
participate in sustained stability and reconstruction
operations;
(4) National Security Presidential Directive 44, entitled
``Management of Interagency Efforts Concerning Reconstruction
and Stabilization'', is a positive step toward improving
coordination, planning, and implementation by the United States
Government of reconstruction and stabilization assistance for
foreign states and regions at risk of, in, or in transition
from conflict or civil strife;
(5) all the relevant United States Government agencies
should include in their budget requests for future fiscal years
adequate funding for planning and preparing to support
contingency operations and, as necessary, request emergency
supplemental funds for unanticipated contingency operations;
and
(6) the President should provide clear guidance to United
States Government agencies to manage complex operations and
establish a standard, integrated approach to the planning and
conduct of interagency operations to ensure a coherent and
unified United States Government approach to contingency
operations.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the President shall submit to Congress a report
setting forth a plan to establish interagency operating procedures for
the departments and agencies of the United States Government for the
planning and conduct of stabilization and reconstruction operations.
(c) Plan Elements.--The plan required under the report under
subsection (b) shall include the following:
(1) A delineation of the roles, responsibilities, and
authorities of the departments and agencies of the United
States Government for stabilization and reconstruction
operations.
(2) A description of operational processes for setting
policy direction for stabilization and reconstruction
operations in order to guide--
(A) operational planning and funding decisions of
such departments and agencies;
(B) oversight of policy implementation;
(C) integration of programs and activities into an
implementation plan;
(D) integration of civilian and military planning
efforts;
(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 Government
that could be used in support of stabilization and
reconstruction operations, and an identification of additional
resources needed to support the conduct of stabilization and
reconstruction activities.
(4) A description of how the capabilities and resources of
the departments and agencies of the United States Government
under stabilization and reconstruction operations will be
coordinated.
(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 under stabilization and reconstruction operations.
(6) Recommendations for improving interagency training,
education, and simulation exercises in order to adequately
prepare civilian and military personnel in the departments and
agencies of the United States Government to perform
stabilization and reconstruction operations.
(7) A discussion of the statutory and budgetary
impediments, if any, that prevent civilian agencies of the
United States Government from fully and effectively
participating in stabilization and reconstruction operations,
and recommendations for legislative or administration actions
to enhance the ability of the United States Government to
conduct stabilization and reconstruction operations.
(8) Guidance for the implementation of the plan.
SEC. 1223. REPEAL OF CERTAIN REPORT REQUIREMENTS.
(a) Reports on Allied Contributions to the Common Defense.--Section
1003 of the Department of Defense Authorization Act, 1985 (22 U.S.C.
1928 note) is amended by striking subsections (c) and (d).
(b) Cost-Sharing Report.--Section 1313 of the National Defense
Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat.
2894; 22 U.S.C. 1928 note) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 1224. REPORTS ON THE DARFUR PEACE AGREEMENT.
Not later than 60 days after the date of the enactment of this Act,
annually thereafter, 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 detailed report on the
Department of Defense's role in assisting the parties to the Darfur
Peace Agreement of May 5, 2006 with implementing that Agreement. Each
such report shall include a description of--
(1) the assets that the United States military, in concert
with the United States North Atlantic Treaty Organisation
(NATO) allies, are able to offer the African Union Mission in
Sudan (AMIS) and any United Nations peacekeeping mission
authorized for Darfur;
(2) any plans of the Secretary of Defense to support the
AMIS by providing information regarding the location of
belligerents and potential violations of the Darfur Peace
Agreement and assistance to improve the AMIS use of
intelligence and tactical mobility;
(3) the resources that will be used during the current
fiscal year to provide the support described in paragraph (2)
and the resources that will be needed during the next fiscal
year to provide such support;
(4) the efforts of the Secretary of Defense and Secretary
of State to leverage troop contributions from other countries
to serve in the proposed United Nation peacekeeping mission for
Darfur;
(5) any plans of the Secretary of Defense to participate in
the deployment of any NATO mentoring or technical assistance
teams to Darfur to assist the AMIS; and
(6) any actions carried out by the Secretary of Defense to
address deficiencies in the AMIS communications systems,
particularly the interoperability of communications equipment.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
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 Cooperative Threat
Reduction funds'' means the funds appropriated pursuant 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.
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,
$77,000,000.
(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
prevention in the states of the former Soviet Union,
$37,500,000.
(5) For biological weapons proliferation prevention in the
former Soviet Union, $68,400,000.
(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 Reduction 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) Authority.--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.--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) Limitation.--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 subsection (a)
in excess of 125 percent of the specific amount authorized for
such purpose.
SEC. 1303. EXTENSION OF TEMPORARY AUTHORITY TO WAIVE LIMITATION ON
FUNDING FOR CHEMICAL WEAPONS DESTRUCTION FACILITY IN
RUSSIA.
Section 1303(b) 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 by striking ``December 31, 2006,
and no waiver shall remain in effect after that date'' and inserting
``December 31, 2011''.
SEC. 1304. REMOVAL OF CERTAIN RESTRICTIONS ON PROVISION OF COOPERATIVE
THREAT REDUCTION ASSISTANCE.
(a) Repeal of Restrictions.--
(1) Soviet nuclear threat reduction act of 1991.--Section
211(b) of the Soviet Nuclear Threat Reduction Act of 1991
(title II of Public Law 102-228; 22 U.S.C. 2551 note) is
repealed.
(2) Cooperative threat reduction act of 1993.--Section
1203(d) of the Cooperative Threat Reduction Act of 1993 (title
XII of Public Law 103-160; 22 U.S.C. 5952(d)) is repealed.
(3) Russian chemical weapons destruction facilities.--
Section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) is
repealed.
(b) Inapplicability of other restrictions.--
Section 502 of the Freedom for Russia and Emerging Eurasian
Democracies and Open Markets Support Act of 1992 (Public Law 102-511;
106 Stat. 3338; 22 U.S.C. 5852) shall not apply to any Cooperative
Threat Reduction program.
TITLE XIV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
SEC. 1401. PURPOSE.
The purpose of this title is to authorize anticipated future
emergency 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. 1402. 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, $404,100,000.
(2) For missile procurement, $450,000,000.
(3) For weapons and tracked combat vehicles, $214,400,000.
(4) For other procurement, $686,600,000.
SEC. 1403. MARINE CORPS PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2007
for the procurement account for the Marine Corps in the amount of
$319,800,000.
SEC. 1404. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2007
for the aircraft procurement account for the Air Force in the amount of
$51,800,000.
SEC. 1405. 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, $22,124,466,000.
(2) For the Navy, $2,349,560,000.
(3) For the Marine Corps, $1,544,920,000.
(4) For the Air Force, $2,779,898,000.
(5) For Defense-wide activities, $3,388,402,000.
(6) For the Army National Guard, $59,000,000.
SEC. 1406. 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 in the amount of $960,200,000 for
operation and maintenance.
SEC. 1407. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the Department of
Defense for fiscal year 2007 for military personnel accounts a total of
$7,335,872,000.
SEC. 1408. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND.
There is hereby authorized to be appropriated to the Department of
Defense for fiscal year for the Joint Improvised Explosive Device
Defeat Fund a total of $2,100,000,000.
SEC. 1409. CLASSIFIED PROGRAMS.
There is hereby authorized to be appropriated to the Department of
Defense for fiscal year 2007 for classified programs a total of
$3,000,000,000.
SEC. 1410. IRAQ FREEDOM FUND.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal year 2007 for the Iraq Freedom Fund in the amount of
$2,230,982,000.
(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 congressional
defense committees in writing of the transfer.
(3) Treatment of transferred funds.--Amounts transferred 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.
SEC. 1411. 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. 1412. 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.
(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 proposed
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. 1413. AVAILABILITY OF FUNDS.
Funds in this title shall be made available for obligation to the
Army, Navy, Marine Corps, Air Force, and Defense-wide components by the
end of the second quarter of fiscal year 2007.
SEC. 1414. AMOUNT FOR PROCUREMENT OF HEMOSTATIC AGENTS FOR USE IN THE
FIELD.
(a) Sense of Congress.--It is the sense of Congress that every
member of the Armed Forces deployed in a combat zone should carry life
saving resources on them, including hemostatic agents.
(b) Availability of Funds.--(1) Of the amount authorized under
section 1405(1) for operation and maintenance for the Army, $15,000,000
may be made available for the procurement of a sufficient quantity of
hemostatic agents, including blood-clotting bandages, for use by
members of the Armed Forces in the field so that each soldier serving
in Iraq and Afghanistan is issued at least one hemostatic agent and
accompanying medical personnel have a sufficient inventory of
hemostatic agents.
(2) Of the amount authorized under section 1405(3) for operation
and maintenance for the Marine Corps, $5,000,000 may be made available
for the procurement of a sufficient quantity of hemostatic agents,
including blood-clotting bandages, for use by members of the Armed
Forces in the field so that each Marine serving in Iraq and Afghanistan
is issued at least one hemostatic agent and accompanying medical
personnel have a sufficient inventory of hemostatic agents.
(c) Report.--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. 1415. OUR MILITARY KIDS YOUTH SUPPORT PROGRAM.
(a) Army Funding for Expansion of Program.--Of the amount
authorized to be appropriated by section 1405(1) for operation and
maintenance for the Army, $1,500,000 may be available for the expansion
nationwide of the Our Military Kids youth support program for
dependents of elementary and secondary school age of members of the
National Guard and Reserve who are severely wounded or injured during
deployment.
(b) Army National Guard Funding for Expansion of Program.--Of the
amount authorized to be appropriated by section 1405(6) for operation
and maintenance for the Army National Guard, $500,000 may be available
for the expansion nationwide of the Our Military Kids youth support
program.
SEC. 1416. JOINT ADVERTISING, MARKET RESEARCH AND STUDIES PROGRAM.
(a) Increase in Amount for Operation and Maintenance, Defense-
Wide.--The amount authorized to be appropriated by section 301(5) for
operation and maintenance for Defense-wide activities, is hereby
increased by $10,000,000.
(b) Availability of Amount.--Of the amount authorized to be
appropriated by section 1405(5) for operation and maintenance for
Defense-wide activities, as increased by subsection (a), $10,000,000
may be available for the Joint Advertising, Market Research and Studies
(JAMRS) program.
(c) Offset.--The amount authorized to be appropriated by section
421 for military personnel is hereby decreased by $10,000,000, due to
unexpended obligations, if available.
SEC. 1417. REPORT.
Not later than 120 days after the date of 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 on how the
data, including social security numbers, contained in the Joint
Advertising, Market Research and Studies (JAMRS) program is maintained
and protected, including the security measures in place to prevent
unauthorized access or inadvertent disclosure of the data that could
lead to identity theft.
SEC. 1418. 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''.
SEC. 1419. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN PURPOSES
RELATING TO IRAQ.
No funds authorized to be appropriated by this Act may be obligated
or expended for a purpose as follows:
(1) To establish a permanent United States military
installation or base in Iraq.
(2) To exercise United States control over the oil
resources of Iraq.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2007''.
TITLE XXI--ARMY
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION 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
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alabama........................ Redstone Arsenal..... $20,000,000
Alaska......................... Fort Richardson...... $72,300,000
Fort Wainwright...... $8,800,000
California..................... Fort Irwin........... $10,000,000
Colorado....................... Fort Carson.......... $24,000,000
Georgia........................ Fort Gillem.......... $15,000,000
Fort Stewart/Hunter $95,300,000
Army Air Field.
Hawaii......................... Schofield Barracks... $54,500,000
Kansas......................... Fort Leavenworth..... $15,000,000
Fort Riley........... $47,400,000
Kentucky....................... Blue Grass Army Depot $3,500,000
Fort Campbell........ $127,200,000
Louisiana...................... Fort Polk............ $9,800,000
Maryland....................... Aberdeen Proving $8,800,000
Ground.
Michigan....................... Detroit Arsenal...... $18,500,000
Missouri....................... Fort Leonard Wood.... $23,900,000
New York....................... Fort Drum............ $209,200,000
North Carolina................. Fort Bragg........... $96,900,000
Sunny Point (Military $46,000,000
Ocean Terminal).
Oklahoma....................... McAlester Army $3,050,000
Ammunition Plant.
Pennsylvania................... Letterkenny Depot.... $7,500,000
Texas.......................... Fort Hood............ $75,000,000
Red River Depot...... $6,000,000
Utah........................... Dugway Proving Ground $14,400,000
Virginia....................... Fort Belvoir......... $58,000,000
Washington..................... Fort Lewis........... $502,600,000
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Installation or
Country 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......... $77,000,000
Yongpyong.............. $7,400,000
Romania........................ Babadag Range.......... $34,800,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
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, for the purposes, and in
the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Richardson............ 162 Units.................. $70,000,000
Fort Wainwright............ 234 Units.................. $132,000,000
Arizona................................. Fort Huachuca.............. 119 Units.................. $32,000,000
Arkansas................................ Pine Bluff Arsenal......... 10 Units................... $2,900,000
Wisconsin............................... Fort McCoy................. 13 Units................... $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 appropriations in
section 2104(a)(5)(A), the Secretary of the Army may improve existing
military family housing units in an amount not to exceed $336,859,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2006,
for military construction, land acquisition, and military family
housing functions of the Department of the Army in the total amount of
$3,452,581,000 as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,266,650,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $525,982,000.
(3) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$23,000,000.
(4) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $217,629,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $594,991,000.
(B) For support of military family housing
(including the functions described in section 2833 of
title 10, United States Code), $676,829,000.
(6) For the construction of increment 2 of a barracks
complex at Fort Drum, New York, 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),
$16,500,000.
(7) For the construction of increment 2 of a barracks
complex 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.
(8) For the construction of increment 2 of a barracks
complex for the 3rd Brigade 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), $50,000,000.
(9) For the construction of increment 2 of a barracks
complex for the 2nd Brigade 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), $31,000,000.
(10) For the construction of phase 2 of the 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 authorized 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).
(3) $40,400,000 (the balance of the amount authorized under
section 2101(a) of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 118
Stat. 2101) for construction of a barracks complex for
divisional artillery for Fort Bragg, North Carolina).
TITLE XXII--NAVY
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION 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
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Arizona........................ Marine Corps Air $5,966,000
Station, Yuma.
California..................... Marine Corps Air $6,412,000
Station, Camp
Pendleton.
Marine Corps Base, $106,142,000
Camp Pendleton.
Marine Corps Air $2,968,000
Station, Miramar.
Naval Air Station, $21,535,000
North Island.
Marine Corps Base, $8,217,000
Twentynine Palms.
Connecticut.................... Naval Submarine Base, $9,580,000
New London.
Florida........................ Cape Canaveral........ $9,900,000
Naval Station, $13,486,000
Pensacola.
Georgia........................ Marine Corps Logistics $62,000,000
Base, Albany.
Navy Submarine Base, $20,282,000
Kings Bay.
Hawaii......................... Naval Base, Pearl $48,338,000
Harbor.
Naval Shipyard, Pearl $22,000,000
Harbor.
Indiana........................ Naval Support $6,730,000
Activity, Crane.
Maine.......................... Portsmouth Naval $9,650,000
Shipyard.
Maryland....................... Naval Air Station, $16,316,000
Patuxent River.
Naval Support $67,939,000
Activity, Suitland.
Mississippi.................... Naval Air Station, $5,870,000
Meridian.
Nevada......................... Naval Air Station, $7,730,000
Fallon.
North Carolina................. Marine Corps Air $27,300,000
Station, New River.
Marine Corps Base, $160,904,000
Camp Lejeune.
Rhode Island................... Naval Station, Newport $3,410,000
South Carolina................. Marine Corps Air $14,970,000
Station, Beaufort.
Virginia....................... Marine Corps Base, $30,628,000
Quantico.
Naval Special Weapons $9,850,000
Center, Dahlgren.
Naval Shipyard, $34,952,000
Norfolk.
Naval Station, Norfolk $12,062,000
Naval Support $38,962,000
Activity, Norfolk.
Washington..................... Naval Air Station, $67,303,000
Whidbey Island.
Naval Submarine Base, $13,507,000
Bangor.
------------------------------------------------------------------------
(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 installation or location outside
the United States, and in the amounts, set forth in the following
table:
Navy: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Diego Garcia................... Diego Garcia........... $37,473,000
Italy.......................... Naval Air Station, $13,051,000
Sigonella.
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the 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 installations or locations in the
amount set forth in the following table:
Navy: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location Location Amount
------------------------------------------------------------------------
Various Locations.............. Helicopter Support $12,185,000
Facility..............
------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
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 or locations, for the purposes, and in
the amount set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Marine Corps Logistics 74 Units.................. $27,851,000
Base, Barstow.............
Guam.................................... Naval Base, Guam........... 176 Units................. $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 family housing units in an amount not to
exceed $2,600,000.
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 appropriations in
section 2204(a)(6)(A), the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed $176,446,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2006,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy in the total amount of
$2,072,435,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $808,750,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $50,524,000.
(3) For military construction projects at unspecified
worldwide 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
construction design under section 2807 of title 10, United
States Code, $71,247,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $305,071,000.
(B) For support of military family housing
(including functions described in section 2833 of title
10, United States Code), $498,525,000.
(7) 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.
(8) For the construction of increment 2 of Alpha and Bravo
wharf improvements at Naval Base, Guam, Marianas Islands,
authorized by section 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.
(9) For the construction of increment 2 of recruit training
barracks infrastructure upgrade at Recruit Training Command,
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 the Wesley
Brown Field House at the United States Naval Academy,
Annapolis, Maryland, 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),
$26,685,000.
(11) For the construction of increment 2 of wharf upgrades
at Naval Station, Yokosuka, Japan, authorized by section
2201(b) of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3490), $44,360,000.
(12) For the construction of increment 2 of the ship repair
pier 3 replacement at Naval Station, Norfolk, Virginia,
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), $30,939,000.
(13) For the construction of increment 2 of the Bachelor
Enlisted Quarters Homeport Ashore Program at Naval Station,
Everett, Washington, 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), $20,917,000.
(14) For the construction of phase 2 of the reclamation and
conveyance project at Marine Corps Base, Camp Pendleton,
California, 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), $33,290,000.
(15) For the construction of increment 3 of the Navy
Outlaying Landing Field facilities at Washington County, North
Carolina, authorized for various locations, continental United
States, by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1704), $7,926,000.
(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.
2106), $14,274,000.
(17) For the construction of increment 4 of pier 11
replacement 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.
(18) For the construction of increment 2 of an addition to
Hockmuth Hall at Marine Corps Base, Quantico, Virginia,
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), $11,559,000.
(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 authorized 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) $39,874,000 (the balance of the amount authorized under
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1704) for various locations, continental United States).
(3) $33,951,000 (the balance of the amount authorized under
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 118
Stat. 2106) for construction of a limited area production and
storage complex at Strategic Weapons Facility Pacific, Bangor,
Washington).
(4) $22,661,000 (the balance of the amount authorized under
section 2201(a) of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3490) for infrastructure upgrades at Recruit Training
Command, Great Lakes, Illinois).
(5) $24,740,000 (the balance of the amount authorized under
section 2201(b) of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3490) for wharf upgrades at Naval Station, Yokosuka,
Japan.
(6) $56,159,000 (the balance of the amount authorized under
section 2201(a) for construction of a National Maritime
Intelligence Center addition at Suitland, Maryland).
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2006 PROJECTS.
(a) Modification of Inside the United States Projects.--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--
(1) 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''; and
(2) in the item relating to Marine Corps Base, Quantico,
Virginia, by striking ``$18,429,000'' in the amount column and
inserting ``$19,829,000''.
(b) Conforming Amendments.--Section 2204(b) of that Act (119 Stat.
3492) is amended--
(1) in paragraph (2), by striking ``$37,721,000'' and
inserting ``$33,290,000''; and
(2) in paragraph (7), by striking ``$10,159,000'' and
inserting ``$11,559,000''.
TITLE XXIII--AIR FORCE
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
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska......................... Eielson Air Force Base. $38,300,000
Elmendorf Air Force $68,100,000
Base.
Arizona........................ Davis-Monthan Air Force $4,600,000
Base.
California..................... Beale Air Force Base... $28,000,000
Travis Air Force Base.. $85,800,000
Colorado....................... Buckley Air Force Base. $10,700,000
Schriever Air Force $21,000,000
Base.
Delaware....................... Dover Air Force Base... $30,400,000
Florida........................ Eglin Air Force Base... $19,350,000
Hurlburt Field......... $32,950,000
MacDill Air Force Base. $71,000,000
Tyndall Air Force Base. $1,800,000
Georgia........................ Robins Air Force Base.. $52,600,000
Hawaii......................... Hickam Air Force Base.. $28,538,000
Illinois....................... Scott Air Force Base... $28,200,000
Kentucky....................... Fort Knox.............. $3,500,000
Maryland....................... Andrews Air Force Base. $29,000,000
Massachusetts.................. Hanscom Air Force Base. $12,400,000
Nevada......................... Indian Springs Air $49,923,000
Force Auxiliary Field.
Nellis Air Force Base.. $4,800,000
New Jersey..................... McGuire Air Force Base. $15,500,000
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.. $8,100,000
South Carolina................. Charleston Air Force $10,200,000
Base.
Shaw Air Force Base.... $22,200,000
South Dakota................... Ellsworth Air Force $3,000,000
Base.
Texas.......................... Fort Bliss............. $8,500,000
Lackland Air Force Base $13,200,000
Utah........................... Hill Air Force Base.... $63,400,000
Virginia....................... Langley Air Force Base. $57,700,000
Wyoming........................ Francis E. Warren Air $11,000,000
Force Base.
------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Germany........................ Ramstein Air Base...... $53,150,000
Guam........................... Andersen Air Force Base $52,800,000
Italy.......................... Naval Air Station, $26,000,000
Sigonella.
Korea.......................... Kunsan Air Base........ $46,700,000
Osan Air Base.......... $2,156,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using the 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 installations or
locations in the amounts, set forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Installation or
Location Location Amount
------------------------------------------------------------------------
Worldwide Unspecified.......... Common Battlefield $14,200,000
Airman Training
Complex.
Worldwide Classified........... Classified Project..... $3,377,000
Classified--Special $4,600,000
Evaluation Program.
Classified............. $1,700,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
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 supporting
facilities) at the installations or locations, for the purposes, and in
the amounts, set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Eielson Air Force Base..... 129 Units.................. $87,414,000
Idaho................................... Mountain Home Air Force 457 Units.................. $107,800,000
Base......................
Missouri................................ Whiteman Air Force Base.... 116 Units.................. $39,270,000
Montana................................. Malmstrom Air Force Base... 493 Units.................. $140,252,000
North Carolina.......................... Seymour Johnson Air Force 56 Units................... $22,956,000
Base......................
North Dakota............................ Minot Air Force Base....... 575 Units.................. $170,188,000
Texas................................... Dyess Air Force Base....... 199 Units.................. $49,215,000
Germany................................. Ramstein Air Base.......... 101 Units.................. $73,488,000
Spangdahlem Air Base....... 60 Units................... $39,294,000
United Kingdom.......................... Royal Air Force Lakenheath. 74 Units................... $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 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 $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 appropriations 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
$403,727,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2006,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force in the total
amount of $3,195,485,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $863,661,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $180,806,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2301(c), $23,877,000.
(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
construction design under section 2807 of title 10, United
States Code, $90,632,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and
design, and improvement of military family housing and
facilities, $1,182,138,000.
(B) For support of military family housing
(including the 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
maintenance 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), $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 authorized by law,
the total cost of all projects carried out under section 2301 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) $35,000,000 (the balance of the amount authorized under
section 2301(a) of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3494) for construction of a main base runway at Edwards
Air Force Base, California).
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 Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; Stat. 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.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2404(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
Virginia...................................... 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 $24,400,000
Pendleton.
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
North Carolina.............. Fort Bragg................ $44,868,000
Marine Corps Base, Camp $51,600,000
Lejune.
Pope Air Force Base....... $15,276,000
Virginia.................... Naval Air Base, Little $22,000,000
Creek.
------------------------------------------------------------------------
TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska....................................... Fort Richardson.................................. $37,200,000
California................................... Fort Irwin....................................... $6,050,000
Florida...................................... Naval Hospital, Jacksonville..................... $16,000,000
MacDill Air Force Base........................... $87,000,000
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 2404(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:
Defense Education Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Italy......................................... Camp Ederle..................................... $31,460,000
Vicenza......................................... $15,750,000
Korea......................................... Osan Air Base................................... $4,589,000
Spain......................................... Naval Station, Rota............................. $23,048,000
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Japan........................ Okinawa.................. $5,000,000
Wake Island.................. Wake Island.............. $2,600,000
------------------------------------------------------------------------
Missile Defense Agency
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Kwajalein.................... Kwajalein Atoll.......... $7,592,000
------------------------------------------------------------------------
Special Operations Command
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Qatar........................ Al Udeid Air Base........ $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 appropriated
pursuant to the authorization of appropriations in section
2404(a)(9)(A), the Secretary of the Defense may construct or acquire
family housing units (including land acquisition and supporting
facilities) at the installations or locations, for the purposes, and in
the amounts set forth in the following table:
Defense Logistics Agency: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Purpose Amount
----------------------------------------------------------------------------------------------------------------
Virginia................................ Defense Supply Center, 25 Units................... $7,840,000
Richmond..................
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2404(a)(9)(A), the
Secretary of the Defense 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 $484,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2404(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 $60,000,000.
SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated 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 $7,122,602,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $557,399,000.
(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
construction design under section 2807 of title 10, United
States Code, $172,150,000.
(6) For energy conservation projects authorized by section
2403, $60,000,000.
(7) For base closure and realignment activities 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 1990 established by section 2906 of such Act,
$191,220,000.
(8) For base closure and realignment activities 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,
$5,526,894,000.
(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 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.
(11) 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.
(12) For the construction of increment 2 of a replacement
of a regional security operations center, Kunia, Hawaii,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3497), as amended by section 2405(a)(2)
of this Act, $47,016,000.
(13) For the construction of increment 2 of the classified
material conversion facility at Fort Meade, Maryland,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3497), $11,151,000.
(14) For the construction of increment 2 of a replacement
of a regional security operations center, Augusta, Georgia,
authorized by section 2401(a) of the Military Construction Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3497), as amended by section 2405(a)(1) of this Act,
$107,118,000.
(15) For the construction of increment 2 of construction of
an operations building, Menwith Hall Station, United Kingdom,
authorized by section 2401(b) of the Military Construction Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3498), as amended by section 2405(b)(1) of this Act,
$46,386,000.
(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 authorized 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), (2), and (3) of subsection (a).
(2) $184,752,000 (the balance of the amount authorized
under section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3497) for construction of a regional
security operations center, Augusta, Georgia).
(3) $254,508,000 (the balance of the amount authorized
under section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3497) for construction of a regional
security operations center, Kunia, Hawaii).
(4) $521,000,000 (the balance of the amount authorized
under section 2401(a) for construction of a replacement
facility, Fort Detrick, Maryland).
(5) $187,120,000 (the balance of the amount authorized
under 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),
for construction of a munitions demilitarization facility at
Pueblo Chemical Activity, Colorado).
(6) $134,554,000 (the balance of the amount authorized
under 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 for Fiscal Year 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),
for construction of a munitions demilitarization facility at
Blue Grass Army Depot, Kentucky).
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2006 PROJECTS.
(a) Modification of Inside the United States Project.--The table
relating to the National Security Agency in section 2401(a) of the
Military Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3497) is amended--
(1) in the item relating to Augusta, Georgia, by striking
``$61,466,000'' in the amount column and inserting
``$340,836,000''; and
(2) in the item relating to Kunia, Hawaii, by striking
``$305,000,000'' in the amount column and inserting
``$350,490,000''.
(b) Modification of Outside the United States 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 ``$88,083,000''.
(c) Conforming Amendment.--Section 2403(b) of that Act (119 Stat.
3500) is amended--
(1) in paragraph (2), by striking ``$12,500,000'' and
inserting ``$291,870,000'';
(2) in paragraph (3), by striking ``$256,034,000'' and
inserting ``$301,524,000''; and
(3) in paragraph (5), by striking ``$44,657,000'' and
inserting ``$46,386,000''.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided 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 Secretary
of Defense under section 2806 of title 10, United States Code, for the
share of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program authorized by
section 2501, in the amount of $205,985,000.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
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, $524,031,000; and
(B) for the Army Reserve, $189,817,000.
(2) For the Department of the Navy, for the Navy and Marine
Corps Reserve, $48,408,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United
States, $245,743,000; and
(B) for the Air Force Reserve, $44,936,000.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
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 authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(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
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2004
PROJECTS.
(a) Extension.--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 sections 2101, 2301, 2302,
2401, and 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
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Alaska................................ Fort Wainwright.......... Multi-Purpose Training Range $47,000,000
Complex.....................
Hawaii................................ Helemano Military Land Easement................ $1,400,000
Reservation.............
Virginia.............................. Fort Belvoir............. NGIC Land Acquisition........ $7,000,000
Fort Lee................ Fire & Emergency Services $3,850,000
Center (Ph 2)...............
Italy................................. Aviano Air Base.......... Joint Deployment Facility (Ph $15,500,000
1)..........................
----------------------------------------------------------------------------------------------------------------
Air Force: Extension of 2004 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
California............................ Travis Air Force Base.... Replace Family Housing (56 $12,723,000
Units)......................
Florida............................... Eglin Air Force Base..... Replace Family Housing (279 $32,166,000
Units)......................
Hawaii................................ Hickam Air Force Base.... Expand Strategic Airlift $10,102,000
Parking Ramp................
Texas................................. Dyess Air Force Base..... Replace Family Housing (116 $19,973,000
Units)......................
----------------------------------------------------------------------------------------------------------------
Defense Wide: Extension of 2004 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Agency Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency.............. Hickam Air Force Base, Replace Hydrant Fuel System.. $14,100,000
Hawaii..................
----------------------------------------------------------------------------------------------------------------
Army National Guard: Extension of 2004 Authorization of Appropriations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Indiana............................... Gary..................... Army Aviation Support $15,581,000
Facility....................
New Mexico............................ Albuquerque.............. Readiness Center, Add/Alt $2,533,000
(ADRS)......................
Pennsylvania.......................... Fort Indiantown Gap...... Multi-Purpose Training Range. $15,338,000
----------------------------------------------------------------------------------------------------------------
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
tables in subsection (b), as provided in section 2302 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:
Air Force: Extension of 2003 Project Authorizations
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Eglin Air Force Base..... Replace Family Housing (134 $15,906,000
Units)......................
Eglin Air Force Base.... Replace Housing Office....... $597,000
Texas................................. Randolph Air Force Base.. Replace Family Housing $447,000
Maintenance Facility........
----------------------------------------------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on
the later of--
(1) October 1, 2006; or
(2) the date of the enactment of this Act.
TITLE XXVIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. THREE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE
OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS
OUTSIDE THE UNITED STATES.
Section 2808 of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 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 Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat. 3508), is
further amended--
(1) in subsection (a), by striking ``fiscal years 2005 and
2006'' and inserting ``fiscal years 2005, 2006, 2007, 2008, and
2009''; and
(2) in subsection (f)--
(A) in paragraph (1), by striking ``the
Subcommittees on Defense and Military Construction of''
and inserting ``the Subcommittees on Defense and on
Military Construction and Veterans Affairs, and Related
Agencies of''; and
(B) in paragraph (2), by striking ``the
Subcommittees on Defense and Military Construction of''
and inserting ``the Subcommittees on Defense and on
Military Quality of Life and Veterans Affairs, and
Related Agencies of''.
SEC. 2802. 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 adding at the end the following new section:
``Sec. 2870. Authority to carry out 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.
``(b) Crediting of Funds.--Funds appropriated or otherwise made
available in a fiscal year for the purpose of carrying out a military
construction project with respect to a public depot under subsection
(a) may be credited to the amount required under section 2208(s) of
this title to be invested in such fiscal year in the capital budget for
such public depot.
``(c) Notice and Wait Requirement.--The Secretary may not carry out
a project under subsection (a) until 21 days after the date on which
the Secretary notifies the congressional defense committees of the
intent to carry out such project and the savings estimated to be
realized from such project or, if earlier, 14 days after 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 beginning of
such subchapter is amended by adding at the end the following new item:
``2870. Authority to carry out military construction projects in
connection with industrial facility
investment program.''.
SEC. 2803. MODIFICATION OF NOTIFICATION REQUIREMENTS RELATED TO COST
VARIATION AUTHORITY.
Section 2853(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking the semicolon at the end
and inserting ``; and'';
(2) by amending paragraph (2) to read as follows:
``(2)(A) in the case of a cost increase or a reduction in
the scope of work--
``(i) 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
``(ii) 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
``(B) 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 connection with the military construction project
or military family housing project.''; and
(3) by striking paragraph (3).
SEC. 2804. CONSIDERATION OF LOCAL COMPARABILITY OF FLOOR AREAS IN
CONSTRUCTION, ACQUISITION, AND IMPROVEMENT OF MILITARY
UNACCOMPANIED HOUSING.
(a) In General.--Section 2856 of title 10, United States Code, is
amended to read as follows:
``Sec. 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.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 169 of such title is amended by striking the item relating to
section 2856 and inserting the following:
``2856. Military unaccompanied housing: local comparability of floor
areas.''.
SEC. 2805. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECTS.
(a) Increase.--Section 2805(a)(1) of title 10, United States Code,
is amended--
(1) by striking ``$1,500,000'' and inserting
``$2,500,000''; and
(2) by striking ``$3,000,000'' and inserting
``$4,000,000''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2006.
SEC. 2806. INCLUSION OF MILITARY TRANSPORTATION AND SUPPORT SYSTEMS IN
ENERGY SAVINGS PROGRAM.
(a) In General.--Section 2865 of title 10, United States Code, is
amended--
(1) in the section heading, by inserting ``for military
operations and'' after ``Energy savings'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) The Secretary of Defense shall designate energy performance
goals for the Department of Defense for military transportation and
support systems and installations. The goals shall be consistent, where
appropriate, with the Energy Policy Act of 2005 (Public Law 109-58).'';
(B) in paragraph (2), by striking ``energy
conservation measures'' and all that follows through
``energy savings'' and inserting ``energy conservation
measures and alternative energy initiatives to achieve
maximum total life-cycle energy savings'';
(C) in paragraph (3)--
(i) by striking ``energy efficient
maintenance'' and inserting ``energy efficient
operations and maintenance''; and
(ii) by inserting after ``10 years or
less'' the following: ``, except that the
Secretary may provide that energy conservation
measures related to equipment and systems
supporting industrial processes may have a
positive net present value over a period of 20
years or less''; and
(D) in paragraph (4)--
(i) by striking ``energy efficient
maintenance'' and inserting ``energy efficient
operations and maintenance'';
(ii) in subparagraph (A), by inserting
``vehicles, military support equipment,'' after
``such as''; and
(iii) in subparagraph (B), by striking ``an
operation or maintenance process, such as
improved training'' and inserting ``a military
operation or maintenance process, such as the
use of alternative fuels and energy sources,
improved training,'';
(3) in subsection (b)(2)(A), by striking ``installations of
the Department of Defense as may be designated'' and inserting
``installations of the Department of Defense and related to
such vehicles and military support equipment of the Department
of Defense as may be designated'';
(4) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(5) by inserting after subsection (d) the following new
subsection:
``(e) Energy Efficiency in New Construction.--
``(1) The Secretary of Defense shall ensure, to the maximum
extent practicable, that energy efficient products meeting the
Department's requirements, if cost effective over the life
cycle of the product and readily available, be used in new
facility construction by or for the Department carried out
under this chapter.
``(2) In determining the energy efficiency of products, the
Secretary shall consider products that--
``(A) meet or exceed Energy Star specifications; or
``(B) are listed on the Department of Energy's
Federal Energy Management Program Product Energy
Efficiency Recommendations product list.''.
SEC. 2807. REPEAL OF AUTHORITY TO CONVEY PROPERTY AT CLOSED OR
REALIGNED MILITARY INSTALLATIONS TO SUPPORT MILITARY
CONSTRUCTION.
(a) Repeal.--Section 2869 of title 10, United States Code, is
repealed.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendments.--(A) Section 2822(b) of such
title is amended by striking paragraph (6).
(B) Section 2883(c) of such title is amended--
(i) in paragraph (1), by striking subparagraph (F);
and
(ii) in paragraph (2), by striking subparagraph
(F).
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 169 of such title is
amended by striking the item relating to section 2869.
SEC. 2808. 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 beginning of
chapter 169 of such title is amended by striking the item relating to
section 2823.
SEC. 2809. UPDATING FOREIGN CURRENCY FLUCTUATION ADJUSTMENT FOR CERTAIN
MILITARY FAMILY HOUSING LEASES IN KOREA.
Section 2828(e)(5)(A) of title 10, United States Code, is amended
to read as follows:
``(A) for--
``(i) foreign currency fluctuations from October 1,
1987, in the case of maximum lease amounts provided for
under paragraphs (1), (2), and (3); or
``(ii) foreign currency appreciation during the
previous fiscal year, starting from the fiscal year of
enactment of the lease authority under paragraph (4),
in the case of the maximum lease amount provided for
under such paragraph; and''.
SEC. 2810. 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''.
SEC. 2811. CERTIFICATION REQUIRED FOR CERTAIN MILITARY CONSTRUCTION
PROJECTS.
The Department of Defense may not use amounts authorized to be
appropriated for a fiscal year beginning after September 30, 2006, to
carry out a military construction project to construct a facility
designed to provide training in urban operations for personnel of the
Department of Defense or other Federal agencies until the Under
Secretary of Defense for Personnel and Readiness, in consultation with
the Commander of the United States Joint Forces Command, has certified
to the congressional defense committees that--
(1) the Secretary of Defense has approved a strategy for
training and facility construction for operations in urban
terrain; and
(2) the Under Secretary has evaluated the project and
determined that the project--
(A) is consistent with such strategy; and
(B) incorporates the appropriate capabilities for
joint and interagency use in accordance with such
strategy.
SEC. 2812. MODIFICATION OF LAND ACQUISITION AUTHORITY, PERQUIMANS
COUNTY, NORTH CAROLINA.
Section 2846 of the Military Construction Authorization Act for
Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1320), as
amended by section 2865 of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
2149), is further amended by striking ``840 acres'' and inserting
``1,550 acres''.
SEC. 2813. NAMING OF RESEARCH LABORATORY AT AIR FORCE ROME RESEARCH
SITE, ROME, NEW YORK, IN HONOR OF SHERWOOD L. BOEHLERT, A
MEMBER OF THE HOUSE OF REPRESENTATIVES.
The new laboratory facility at the Air Force Rome Research Site,
Rome, New York, shall be known and designated as the ``Sherwood L.
Boehlert Engineering Center''. Any reference in a law, map, regulation,
document, paper, or other record of the United States to such
laboratory facility shall be deemed to be a reference to the Sherwood
L. Boehlert Engineering Center.
SEC. 2814. NAMING OF ADMINISTRATION BUILDING AT JOINT SYSTEMS
MANUFACTURING CENTER IN LIMA, OHIO, AFTER MICHAEL G.
OXLEY, A MEMBER OF THE HOUSE OF REPRESENTATIVES.
The administration building under construction at the Joint Systems
Manufacturing Center in Lima, Ohio, shall, upon be completion, be known
and designated as the ``Michael G. Oxley Administration and Technology
Center''. Any reference in a law, map, regulation, document, paper, or
other record of the United States to such administration building shall
be deemed to be a reference to the Michael G. Oxley Administration and
Technology Center.
SEC. 2815. NAMING OF MILITARY FAMILY HOUSING FACILITY AT FORT CARSON,
COLORADO, IN HONOR OF JOEL HEFLEY, A MEMBER OF THE HOUSE
OF REPRESENTATIVES.
The Secretary of the Army shall designate one of the military
family housing areas or facilities constructed for Fort Carson,
Colorado, using the authority provided by subchapter IV of chapter 169
of title 10, United States Code, as the ``Joel Hefley Village''. Any
reference in any law, regulation, map, document, record, or other paper
of the United States to the military housing area or facility
designated under this section shall be considered to be a reference to
Joel Hefley Village.
SEC. 2816. AUTHORITY TO OCCUPY UNITED STATES SOUTHERN COMMAND FAMILY
HOUSING.
(a) The Secretary of the Army may authorize family members of a
member of the armed forces on active duty who is occupying a housing
unit leased under section 2828(b)(4) of title 10, United States Code
and who is assigned to a family-member-restricted area to remain in the
leased housing unit until the member completes the family-member-
restricted tour. Costs incurred for such housing during such tour shall
be included in the costs subject to the limitation under subparagraph
(B) of that paragraph.
(b) The authority granted by subsection (a) shall expire on
September 30, 2008.
Subtitle B--Real Property and Facilities Administration
SEC. 2821. CONSOLIDATION OF EASEMENT PROVISIONS.
(a) Consolidation of Easement Provisions.--
(1) Transfer of easements section.--Section 2668 of title
10, United States Code, is--
(A) transferred to appear after section 2671 of
such title; and
(B) redesignated as section 2672 of such title.
(2) Consolidated authority.--Section 2672, as redesignated
by paragraph (1), is amended--
(A) in subsection (a)--
(i) by inserting ``Types of Easements.--''
after ``(a)'';
(ii) in the matter preceding paragraph (1),
by striking ``to a State, Territory,
Commonwealth, or possession, or political
subdivision thereof, or to a citizen,
association, partnership, or corporation of a
State, Territory, Commonwealth, or
possession,'';
(iii) in paragraph (2), by striking ``oil
pipe lines'' and inserting ``gas, water, sewer,
and oil pipe lines''; and
(iv) in paragraph (13), by striking ``,
except a purpose covered by section 2669 of
this title'';
(B) in subsection (b), by inserting ``Limitation on
Size.--'' after ``(b)'';
(C) in subsection (c), by inserting
``Termination.--'' after ``(c)'';
(D) in subsection (d), by inserting ``Notice to
Department of the Interior.--'' after ``(d)''; and
(E) in subsection (e), by inserting ``Disposition
of Consideration.--'' after ``(e)''.
(b) Repeal of Obsolete Authority.--Section 2669 of such title is
repealed.
(c) Conforming Amendments.--The table of sections at the beginning
of chapter 159 of such title is amended--
(1) by striking the items relating to sections 2668 and
2669; and
(2) by inserting after the item relating to section 2671
the following new item:
``2672. Easements for rights-of-way.''.
SEC. 2822. AUTHORITY TO GRANT RESTRICTIVE EASEMENTS FOR CONSERVATION
AND ENVIRONMENTAL RESTORATION PURPOSES.
(a) Authority To Grant Restrictive Easements.--Chapter 159 of title
10, United States Code, as amended by section 2821 of this Act, is
further amended by inserting after section 2672 of such title the
following new section:
``Sec. 2672a. Authority to grant restrictive easements
``(a) Conservation Easements.--(1)(A) If the Secretary of a
military department finds that it will be in the public interest, the
Secretary may, subject to paragraph (2), grant, upon such terms as the
Secretary considers advisable and with the consent of an entity
described in subparagraph (B), a restrictive easement to such entity
over, in, and upon any real property that is transferred by deed by
that department restricting future uses of the property for a
conservation 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) An entity referred to in subparagraph (A) is--
``(i) a State or local government; or
``(ii) 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)).
``(2) An easement under paragraph (1) shall not be granted unless
the Secretary of the military department concerned determines that--
``(A) the conservation of the property can not be
effectively achieved through the application of State law by
units of State or local government without granting such
easement;
``(B) the jurisdiction that encompasses the property
authorizes such easement; and
``(C) the Secretary can give or assign to a third party the
responsibility for monitoring and enforcing such easement.
``(b) Environmental Easements.--If the Secretary of a military
department finds that it will be in the public interest, the Secretary
may grant, upon such terms as the Secretary considers advisable and
with the consent of a State or local government, a restrictive easement
to such government over, in, and upon any real property that is
transferred by deed by that department restricting future uses of the
property to ensure the continued effectiveness of any environmental
restoration function on the property conducted pursuant to chapter 160
of this title.
``(c) Limitations.--(1) No easement granted under this section may
include more land than is necessary for the easement.
``(2) Easements granted under this section shall be without
consideration from the recipient.
``(3) Nothing in this section shall alter the responsibilities of
any party under Federal or State environmental laws.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter, as amended by section 2821 of this Act, is further
amended by inserting after the item relating to section 2672 the
following new item:
``2672a. Authority to grant restrictive easements for conservation and
environmental restoration purposes.''.
SEC. 2823. CONSOLIDATION OF PROVISIONS RELATING TO TRANSFERS OF REAL
PROPERTY WITHIN THE DEPARTMENT OF DEFENSE AND TO OTHER
FEDERAL AGENCIES.
(a) Consolidation and Restatement of Authority on Interchange,
Transfer, and Screening of Department of Defense Real Property.--
Section 2696 of title 10, United States Code, is amended to read as
follows:
``Sec. 2696. Real property: transfer between armed forces; screening
for transfer or conveyance
``(a) Transfer Between Armed Forces.--If either of the Secretaries
concerned requests it and the other approves, real property may be
transferred, without compensation, from one armed force to another.
``(b) Screening and Conveyance of Property for Correctional
Facilities Purposes.--(1) Except as provided in paragraph (2), before
any real property or facility of the United States that is under the
jurisdiction of any department, agency, or instrumentality of the
Department of Defense is determined to be excess to the needs of such
department, agency, or instrumentality, the Secretary of Defense
shall--
``(A) provide adequate notification of the availability of
such real property or facility within the Department of
Defense;
``(B) if such real property or facility remains available
after such notification, notify the Attorney General of its
availability; and
``(C) if the Attorney General certifies to the Secretary
that a determination has been made by the Director of the
Bureau of Justice Assistance within the Department of Justice
to utilize such real property or facility under the
correctional options program carried out under section 515 of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3762a), convey such real property or facility,
without reimbursement, to a public agency referred to in
paragraph (1) or (3) of subsection (a) of such section for such
utilization.
``(2) The provisions of this subsection shall not apply during any
portion of a fiscal year after four conveyances have been made under
this subsection in such fiscal year.
``(c) Screening for Further Federal Use Before Conveyance to Non-
Federal Entities.--(1) The Secretary concerned may not convey real
property that is authorized or required to be conveyed, whether for or
without consideration, by any provision of law unless the Administrator
has screened the property for further Federal use in accordance with
subtitle I of title 40 and title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
``(2)(A) Before the end of the 30-day period beginning on the date
of the enactment of a provision of law authorizing or requiring the
conveyance of a parcel of real property by the Secretary concerned, the
Administrator of General Services shall complete the screening referred
to in paragraph (1) with regard to the real property and notify the
Secretary concerned and Congress of the results of the screening. The
notice shall include--
``(i) the name of the Federal agency requesting transfer of
the property;
``(ii) the proposed use to be made of the property by the
Federal agency; and
``(iii) the fair market value of the property, including
any improvements thereon, as estimated by the Administrator.
``(B) If the Administrator fails to complete the screening and
notify the Secretary concerned and Congress within such period, the
Secretary concerned shall proceed with the conveyance of the real
property as provided in the provision of law authorizing or requiring
the conveyance.
``(3) If the Administrator submits notice under paragraph (2)(A)
that further Federal use of a parcel of real property is requested by a
Federal agency, the Secretary concerned may not proceed with the
conveyance of the property as provided in the provision of law
authorizing or requiring the conveyance until the end of the 180-day
period beginning on the date on which the notice is submitted to
Congress.
``(4) The screening requirements of this subsection shall not apply
to real property authorized or required to be conveyed under any of the
following provisions of law:
``(A) A base closure law.
``(B) Chapter 5 of title 40.
``(C) Any specific provision of law authorizing or
requiring the transfer of administrative jurisdiction over a
parcel or real property between Federal agencies.''.
(b) Conforming Amendments.--
(1) Conforming amendments to authority on interchange of
property and services.--(A) Section 2571(a) of such title is
amended by striking ``and real property''.
(B) The heading of such section is amended to read as
follows:
``Sec. 2571. Interchange of supplies and services''.
(2) Repeal of superseded authority on screening and
transfer for correctional purposes.--Section 2693 of such title
is repealed.
(c) Clerical Amendments.--(1) 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) The table of sections at the beginning of chapter 159 of such
title is amended--
(A) by striking the item relating to section 2693; and
(B) by striking the item relating to section 2696 and
inserting the following new item:
``2696. Real property: transfer between armed forces; screening for
transfer or conveyance.''.
SEC. 2824. AUTHORITY TO USE EXCESS PROPERTY AS EXCHANGE UNDER
AGREEMENTS TO LIMIT ENCROACHMENTS ON MILITARY TRAINING,
TESTING, AND OPERATIONS.
Section 2684a(h) of title 10, United States Code, is amended--
(1) in the heading, by striking ``Funding'' and inserting
``Consideration''; and
(2) by adding at the end the following new paragraph:
``(3) Land under the jurisdiction of the Secretary concerned that
is determined to be excess to the needs of the Department of Defense
may be used by way of exchange to enter into an agreement under this
section, but only if such land is located within the same State as the
installation that is the subject of the agreement.''.
SEC. 2825. MODIFICATION OF UTILITY SYSTEM AUTHORITY AND RELATED
REPORTING REQUIREMENTS.
Section 2688 of title 10, United States Code, as amended by section
2823 of the Military Construction Authorization Act for Fiscal Year
2006 (Public Law 109-163), is further amended--
(1) in subsection (a)(2)(A)--
(A) in clause (i), by striking the semicolon at the
end and inserting ``; and''; and
(B) by striking clause (iii); and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``10 years'' and
inserting ``50 years''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking ``a
term in excess of 10 years'' and all that
follows through the period at the end and
inserting ``a term not to exceed 50 years.'';
and
(ii) in the second sentence, by striking
``shall include'' and all that follows through
the period at the end and inserting ``shall
include an explanation of the term of the
contract.''.
SEC. 2826. INCREASE IN AUTHORIZED MAXIMUM LEASE TERM FOR CERTAIN
STRUCTURES AND REAL PROPERTY RELATING TO STRUCTURES IN
FOREIGN COUNTRIES.
Section 2675(a) of title 10, United States Code, is amended by
striking ``five years'' and inserting ``10 years''.
SEC. 2827. MODIFICATION OF LAND TRANSFER AUTHORITY, POTOMAC ANNEX,
DISTRICT OF COLUMBIA.
Section 2831 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. 2828. REPORTS ON ARMY TRAINING RANGES.
(a) Limitation.--The Secretary of the Army may not carry out any
acquisition of real property to expand the Pinon Canyon Maneuver Site
at Fort Carson, Colorado until 30 days after the Secretary submits the
report required under subsection (b).
(b) Report on Pinon Canyon Maneuver Site.--
(1) In general.--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 military training range at the Pinon Canyon
Maneuver Site at Fort Carson, Colorado.
(2) Content.--The report required under paragraph (1) shall
include the following information:
(A) A description of the Army's current and
projected military requirements 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 they
are a result of the increase of military personnel due
to the 2005 round of defense base closure and
realignment, the conversion of Army brigades to a
modular format, or the Integrated Global Presence and
Basing Strategy.
(C) A proposed plan for addressing those
requirements, including a description of any proposed
expansion of the existing training range by acquiring
privately held land surrounding the site and an
analysis of alternative approaches that do not require
expansion of the training range.
(D) If an expansion of the training range is
recommended pursuant to subparagraph (C), the following
information:
(i) An assessment of the economic impact on
local communities of such acquisition.
(ii) An assessment of the environmental
impact of expanding the Pinon Canyon Maneuver
Site.
(iii) An estimate of the costs associated
with the potential expansion, including land
acquisition, range improvements, installation
of utilities, environmental restoration, and
other environmental activities in connection
with the acquisition.
(iv) An assessment of options for
compensating local communities for the loss of
property tax revenue as a result of the
expansion of Pinon Canyon Maneuver Site.
(v) An assessment of whether the
acquisition of additional 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.
(c) Report on Expansion of Army Training Ranges.--
(1) In general.--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 training
ranges operated by the Army to support major Army units.
(2) Content.--The report required under paragraph (1) shall
include the following information:
(A) The size, description, and mission essential
training tasks supported by each such Army training
range during fiscal year 2003.
(B) A description of the projected changes in
training range requirements, including the size,
characteristics, and attributes for mission essential
training of each range and the extent to which any
changes in requirements are a result of the 2005 round
of defense base closure and realignment, the conversion
of Army brigades to a modular format, or the Integrated
Global Presence and Basing Strategy.
(C) The projected deficit or surplus of training
land at each such 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 training range.
(D) A description of the Army's prioritization
process and investment strategy to address the
potential expansion or upgrade of training ranges.
(E) An analysis of alternatives to the expansion of
Army ranges to include an assessment of the joint use
of ranges operated by other services.
SEC. 2829. USE OF RENEWABLE ENERGY TO MEET ELECTRICITY NEEDS.
It shall be the goal of the Department of Defense to ensure that
the Department--
(1) produces or procures 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) produces or procures such renewable energy when it is
life-cycle cost effective to do so (as defined in section 708
of Executive Order 13123 (42 U.S.C. 8251 note; relating to
greening the Government through efficient energy management)).
SEC. 2830. NAMING OF NAVY AND MARINE CORPS RESERVE CENTER AT ROCK
ISLAND, ILLINOIS, IN HONOR OF LANE EVANS, A MEMBER OF THE
HOUSE OF REPRESENTATIVES.
Designation.--The Navy and Marine Corps Reserve Center at Rock
Island Arsenal, Illinois, shall be known and designated as the ``Lane
Evans Navy and Marine Corps Reserve Center''. Any reference in a law,
map, regulation, document, paper, or other record of the United States
to the Navy and Marine Corps Reserve Center at Rock Island Arsenal
shall be deemed to be a reference to the Lane Evans Navy and Marine
Corps Reserve Center.
Subtitle C--Base Closure and Realignment
SEC. 2831. DEFENSE ECONOMIC ADJUSTMENT PROGRAM: RESEARCH AND TECHNICAL
ASSISTANCE.
Section 2391 of title 10, United States Code, is amended by
inserting after subsection (b) the following new subsection:
``(c) Research and Technical Assistance.--(1) The Secretary of
Defense may make grants, conclude cooperative agreements, and enter
into contracts in order to conduct research and technical assistance in
support of activities under this section or Executive Order 12788.
``(2) A grant, cooperative agreement, or contract under this
subsection may be with or to a Federal agency, a State or local
government, or any private entity.''.
SEC. 2832. EXTENSION OF ELIGIBILITY FOR COMMUNITY PLANNING ASSISTANCE
RELATED TO CERTAIN MILITARY FACILITIES NOT UNDER
DEPARTMENT OF DEFENSE JURISDICTION.
Section 2391(d)(1) of title 10, United States Code, is amended by
striking the period at the end and inserting the following: ``, except
that for purposes of subsection (b)(1)(D), a `military installation'
may also include a military facility owned and operated by a State, the
District of Columbia, the Commonwealth of Puerto Rico, American Samoa,
the Virgin Islands, or Guam even though such facility is not under the
jurisdiction of the Department of Defense, if the facility is subject
to significant use for training by the armed forces.''.
SEC. 2833. MODIFICATION OF DEPOSIT REQUIREMENTS IN CONNECTION WITH
LEASE PROCEEDS RECEIVED AT MILITARY INSTALLATIONS
APPROVED FOR CLOSURE OR REALIGNMENT AFTER JANUARY 1,
2005.
Section 2667(d) of title 10, United States Code, is amended--
(1) in paragraph (5), by inserting after ``lease under
subsection (f)'' the following: ``at a military installation to
be closed or realigned under a base closure law, the date of
approval of which is before January 1, 2005,''; and
(2) 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 to be closed or
realigned under a base closure law, the date of approval of which is 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. 2834. 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 active
and Air National Guard personnel and installations affected by
decisions of the 2005 round of defense base closure and realignment.
(b) Content.--The report required under subsection (a) shall
include--
(1) an assessment of the capabilities, characteristics, and
capacity of the facilities, infrastructure, and authorized
personnel at each affected base;
(2) a description of the planning process used by the Air
Force to determine future roles and missions at active and Air
National Guard bases affected by the decisions of the 2005
round of defense base closure and realignment, 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 active and Air National Guard base and
an explanation of the criteria and decision-making process to
make final decisions about future roles and missions for each
base; and
(4) a timeline for decisions on the final determination of
future roles and missions for each active and Air National
Guard base affected by the decisions of the 2005 round of
defense base closure and realignment.
(c) Bases Covered.--The report required under subsection (a) shall
include information on each active and Air National Guard base at which
the number of aircraft, weapon systems, or functions is proposed to be
reduced or eliminated and to any installation that was considered as a
potential receiving location for the realignment of aircraft, weapons
systems, or functions.
Subtitle D--Land Conveyances
SEC. 2841. LAND CONVEYANCE, RADFORD ARMY AMMUNITION PLANT, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may convey,
without consideration, to the Commonwealth of Virginia (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
improvements thereon, consisting of approximately 80 acres at Radford
Army Ammunition Plant, New River Unit, Virginia, for the purpose of
permitting the Commonwealth to establish 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.--(A) The Secretary may require the
Commonwealth 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 Commonwealth 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 Commonwealth.
(B) The authority of the Secretary to require the
Commonwealth to cover administrative costs related to the
conveyance does not include costs related to any environmental
remediation required for the property.
(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 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.
(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.
SEC. 2842. MODIFICATIONS TO LAND CONVEYANCE AUTHORITY, ENGINEERING
PROVING GROUND, FORT BELVOIR, VIRGINIA.
(a) Construction of Security Barrier.--Section 2836 of the Military
Construction Authorization Act for Fiscal Year 2002 (division 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 Portion.--Such section 2836 is
further amended--
(1) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) except as provided in subsection (f), design and
construct, 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
subsection:
``(f) Alternate Agreement for Construction of Road.--(1) The
Secretary of the Army may, in connection with the conveyance 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 alternate agreement. The
Secretary shall apply such payment to the design and construction
provided for in the alternate agreement.
``(4) 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 with funds
appropriated for that purpose.
``(5) The alternate agreement shall be subject to the following
conditions:
``(A) The Commonwealth shall acquire and retain all
necessary right, title, and interest in any real property not
under the jurisdiction of the Secretary that is necessary for
construction 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) With respect to activities related to the
construction of any portion of the Fairfax County Parkway off
the Engineer Proving Ground that is not owned by the Federal
Government, the Secretary of the Army shall not be considered
an owner or operator for purposes of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
``(C) The Secretary shall receive consideration from the
Commonwealth as required in subsections (b)(2), (b)(3), and
(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 maintenance of the
Parkway portion upon conveyance to the Commonwealth of such real
property.''; and
(4) in subsection (g), as redesignated by paragraph (2), by
inserting ``or the alternate agreement authorized under
subsection (f)'' after ``conveyance under subsection (a)''.
SEC. 2843. 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 the
United States in and to three parcels of real property under
the control of the Army Reserve, including any improvements
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
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 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 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.
(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 Secretaries
concerned.
(e) Additional Terms and Conditions.--The Secretary concerned may
require such additional terms and conditions in connection with the
conveyances under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
Subtitle E--Other Matters
SEC. 2851. RICKENBACKER AIRPORT, COLUMBUS, OHIO.
The project numbered 4651 in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1434) is amended by striking ``Grading, paving'' and all that
follows through ``Airport'' and inserting ``Grading, paving, roads, and
the transfer of rail-to-truck for the intermodal facility at
Rickenbacker Airport, Columbus, Ohio''.
SEC. 2852. HIGHWAY PROJECTS, DETROIT, MICHIGAN.
(a) High Priority Project.--The table contained in section 1702 of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1256) is amended in the item numbered 4333
(119 Stat. 1422) by striking ``Plan and construct, land acquisition,
Detroit West Riverfront Greenway'' 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''.
(b) Transportation Improvement Project.--The table contained in
section 1934(c) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (119 Stat. 1485) is
amended in the item numbered 196 (119 Stat. 1495) by striking ``Detroit
Riverfront Conservancy, West Riverfront Walkway, Greenway and Adjacent
Land Acquisition, from Riverfront Towers to Ambassador Bridge,
Detroit'' 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. 2853. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE ISLAND.
(a) Definitions.--In this section:
(1) The term ``Barrier'' means the Fox Point Hurricane
Barrier, Providence, Rhode Island.
(2) The term ``City'' means the city of Providence, Rhode
Island.
(3) The term ``Secretary'' means the Secretary of the Army,
acting through the Chief of Engineers.
(b) Responsibility for Barrier.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall assume
responsibility for the annual operation and maintenance of the Barrier.
(c) Required Structures.--
(1) In general.--The City, 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 Barrier.
(2) Conveyance.--The City shall convey to the Secretary, by
quitclaim deed and without consideration, all rights, title,
and interests of the City in and to the land and structures
identified under paragraph (1).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such funds as are necessary for each
fiscal year to operate and maintain the Barrier (including repair,
replacement, and rehabilitation).
SEC. 2854. 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'' 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
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.
(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 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 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 Secretary consider
appropriate to protect the interests of the United States.
SEC. 2855. 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.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs
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
$9,333,311,000, to be allocated as follows:
(1) For weapons activities, $6,455,389,000.
(2) For defense nuclear nonproliferation activities,
$1,726,213,000.
(3) For naval reactors, $795,133,000.
(4) For the Office of the Administrator for Nuclear
Security, $356,576,000.
(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 new plant projects for the National
Nuclear Security Administration as follows:
(1) For readiness in technical base and facilities, the
following new plant projects:
Project 07-D-140, Readiness in Technical Base and
Facilities Program, project engineering and design,
various locations, $4,977,000.
Project 07-D-220, Radioactive liquid waste
treatment facility upgrade project, Los Alamos National
Laboratory, Los Alamos, New Mexico, $14,828,000.
(2) For facilities and infrastructure recapitalization, the
following new plant project:
Project 07-D-253, Technical Area 1 heating systems
modernization, Sandia National Laboratories,
Albuquerque, New Mexico, $14,500,000.
(3) For defense nuclear nonproliferation, the following new
plant project:
Project 07-SC-05, Physical Sciences Facility,
Pacific Northwest National Laboratory, Richland,
Washington, $4,220,000.
(4) For naval reactors, the following new plant project:
Project 07-D-190, Materials Research Technology
Complex, project engineering and design, Bettis Atomic
Power Laboratory, West Mifflin, Pennsylvania,
$1,485,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2007 for defense environmental cleanup
activities in carrying out programs necessary for national security in
the amount of $5,430,312,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2007 for other defense activities in carrying
out programs necessary for national security in the amount of
$624,530,000.
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.
Funds are hereby authorized to be appropriated to the Department 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
$333,080,000.
Subtitle B--Other Matters
SEC. 3111. 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 CERTAIN 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
conducted 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. 3112. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE GLOBAL
THREAT REDUCTION INITIATIVE.
Section 3132 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 50 U.S.C. 2569) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) International Participation in Program.--(1) In order to
achieve international participation in the program under subsection
(b), the Secretary of Energy may, with the concurrence of the Secretary
of State, enter into one or more agreements with any person, foreign
government, or other international organization that the Secretary of
Energy considers appropriate for the contribution of funds by such
person, government, or organization for purposes of the programs
described in paragraph (2)(B).
``(2)(A) Notwithstanding section 3302 of title 31, United States
Code, and subject to paragraphs (3) and (4), the Secretary of Energy
may retain and utilize for purposes of the programs described in
subparagraph (B) any amounts contributed by a person, government, or
organization under an agreement under paragraph (1) without further
appropriation and without fiscal year limitation.
``(B) The programs described in this subparagraph are the following
programs within the Global Threat Reduction Initiative:
``(i) The International Radiological Threat Reduction
program.
``(ii) The Emerging Threats and Gap Materials program.
``(iii) The Reduced Enrichment for Research and Test
Reactors program.
``(iv) The Russian Research Reactor Fuel Return program.
``(v) The Global Research Reactor Security program.
``(vi) The Kazakhstan Spent Fuel program.
``(3) The Secretary of Energy may not utilize under paragraph (2)
any amount contributed under an agreement under paragraph (1) until 30
days after the date on which the Secretary notifies the congressional
defense committees of the intent to utilize such amount, including the
source of such amount and the proposed purpose for which such amount
will be utilized.
``(4) If any amount contributed under paragraph (1) has not been
utilized within 5 years of such contribution, the Secretary of Energy
shall return such amount to the person, government, or organization
that contributed it.
``(5) Not later than 30 days after the receipt of any amount
contributed under paragraph (1), the Secretary of Energy shall submit
to the congressional defense committees a notice of the receipt of such
amount.
``(6) 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 utilization of amounts 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 the source of each such amount; and
``(B) a statement of any amounts utilized under this
subsection, including the purposes for which such amounts were
utilized.
``(7) The authority of the Secretary of Energy to accept and
utilize amounts under this subsection shall expire on December 31,
2013.''.
SEC. 3113. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE SECOND
LINE OF DEFENSE CORE PROGRAM.
(a) International Contributions Authorized.--In order to achieve
international participation in the Second Line of Defense Core Program
administered by the National Nuclear Security Administration, the
Secretary of Energy may, with the concurrence of the Secretary of
State, enter into one or more agreements with any person, foreign
government, or other international organization that the Secretary of
Energy considers appropriate for the contribution of funds by such
person, government, or organization for purposes of the program.
(b) Utilization of Contributions.--Notwithstanding section 3302 of
title 31, United States Code, and subject to subsections (c) and (d),
the Secretary of Energy may retain and utilize for purposes of the
program any amounts contributed by a person, government, or
organization under an agreement under subsection (a) without further
appropriation and without fiscal year limitation.
(c) Notice and Wait Requirement.--The Secretary of Energy may not
utilize under subsection (b) any amount contributed under an agreement
under subsection (a) until 30 days after the date on which the
Secretary notifies the congressional defense committees of the intent
to utilize such amount, including the source of such amount and the
proposed purpose for which such amount will be utilized.
(d) Return of Unutilized Amounts.--If any amount contributed under
subsection (a) has not been utilized within 5 years of such
contribution, the Secretary of Energy shall return such amount to the
person, government, or organization that contributed it.
(e) Notification Requirement.--Not later than 30 days after the
receipt of any amount contributed under subsection (a), the Secretary
of Energy shall submit to the congressional defense committees a notice
of the receipt of such amount.
(f) 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 utilization of amounts under
this subsection 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 the source of each such amount; and
(2) a statement of any amounts utilized under this section,
including the purposes for which such amounts were utilized.
(g) Termination.--The authority of the Secretary of Energy to
accept and utilize amounts under this subsection shall expire on
December 31, 2013.
SEC. 3114. 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) is amended by
striking ``2011'' both places it appears and inserting ``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. 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 (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. 3117. LIMITATIONS ON AVAILABILITY OF FUNDS FOR WASTE TREATMENT AND
IMMOBILIZATION PLANT.
Of the amount authorized to be appropriated under section 3102 for
defense environmental cleanup activities and available for the Waste
Treatment and Immobilization Plant--
(1) not more than 30 percent of such amount may be
obligated or expended until the date on which the Secretary of
Energy certifies to the congressional defense committees that
the Defense Contract Management Agency has certified the earned
value management system used to track and report costs of the
Waste Treatment and Immobilization Plant; and
(2) not more than 60 percent of such amount may be
obligated or expended until 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
of the Waste Treatment and Immobilization Plant.
SEC. 3118. LIMITATION ON AVAILABILITY OF FUNDS FOR IMPLEMENTATION OF
THE RUSSIAN SURPLUS FISSILE MATERIALS DISPOSITION
PROGRAM.
(a) Limitation.--(1) Except as provided in subsection (b), none of
the amount authorized to be appropriated under section 3101(a)(2) for
defense nuclear nonproliferation activities may be obligated for the
implementation of the Russian Surplus Fissile Materials Disposition
Program (in this section referred to as the ``Program'') until 30 days
after the date on which the Secretary of Energy provides to the
congressional defense committees written recommendations regarding
whether and in what manner the Program should proceed.
(2) The recommendations submitted under paragraph (1) shall
include--
(A) a description of the disposition method the Government
of Russia has agreed to use;
(B) a description of the assistance the United States
Government plans to provide under the Program;
(C) an estimate of the total cost and schedule of such
assistance;
(D) an explanation of how parallelism is to be defined for
purposes of the Program 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.
(b) Exception.--The limitation under subsection (a) does not apply
to the obligation of funds to continue research and development
associated with the Gas Turbine-Modular Helium Reactor (GT-MHR).
SEC. 3119. LIMITATION ON AVAILABILITY OF FUNDS FOR CONSTRUCTION OF MOX
FUEL FABRICATION FACILITY.
None of the amount authorized to be appropriated under section
3101(a)(2) for defense nuclear nonproliferation activities may be
obligated for construction 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;
and
(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.
SEC. 3120. 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''.
SEC. 3121. EDUCATION OF FUTURE NUCLEAR ENGINEERS.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense and the United States 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
approximately 58,000 workers in the nuclear power industry in
the United States will be eligible to retire within 5 years,
representing both a huge loss of institutional memory and a
potential national security crisis.
(3) This shortfall of workers is exacerbated by reductions
to the University Reactor Infrastructure and Education
Assistance program, which trains civilian nuclear scientists
and engineers. The defense and civilian nuclear industries are
interdependent 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 scholarship 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
feasibility and merit of establishing a targeted scholarship or
fellowship program to educate future nuclear engineers at the
postsecondary and postgraduate levels.
(2) Report required.--The President shall submit to the
congressional defense committees, together with the budget
request submitted for fiscal year 2008, a report on the study
conducted by the Secretary of Energy under paragraph (1).
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
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. TRANSFER OF GOVERNMENT-FURNISHED URANIUM STORED AT SEQUOYAH
FUELS CORPORATION, GORE, OKLAHOMA.
(a) Transport and Disposal.--Not later than March 31, 2007, the
Secretary of the Army shall, subject to subsection (c), transport to an
authorized disposal facility for appropriate disposal all of the
Federal 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 by
section 301(1) for the Army for operation and maintenance 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 Corporation a
written agreement satisfactory to the Secretary that provides that--
(1) the United States assumes no liability, legal or
otherwise, of Sequoyah Fuels Corporation by transporting such
uranium; and
(2) the Sequoyah Fuels Corporation waives any and all
claims it may have against the United States related to the
transported uranium.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. COMPLETION OF EQUITY FINALIZATION PROCESS FOR NAVAL
PETROLEUM RESERVE NUMBERED 1.
Section 3412(g) of the National Defense Authorization Act for
Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 7420 note) is amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In light of the unique role that the independent petroleum
engineer who is retained pursuant to paragraph (b)(2) performs in the
process of finalizing equity interests, and the importance to the
United States taxpayer of timely completion of the equity finalization
process, the independent petroleum engineer's `Shallow Oil Zone
Provisional Recommendation of Equity Participation,' which was
presented to the equity finalization teams for the Department of Energy
and Chevron U.S.A. Inc. on October 1 and 2, 2002, shall become the
final equity recommendation of the independent petroleum engineer, as
that term is used in the Protocol on NPR-1 Equity Finalization
Implementation Process, July 8, 1996, for the Shallow Oil Zone unless
the Department of Energy and Chevron U.S.A. Inc. agree in writing not
later than 60 days after the date of the enactment of this paragraph
that the independent petroleum engineer shall not be liable to either
party for any cost or expense incurred or for any loss or damage
sustained--
``(i) as a result of the manner in which services are
performed by the independent petroleum engineer in accordance
with its contract with the Department of Energy to support the
equity determination process;
``(ii) as a result of the failure of the independent
petroleum engineer in good faith to perform any service or make
any determination or computation, unless caused by its gross
negligence; or
``(iii) as a result of the reliance by either party on any
computation, determination, estimate or evaluation made by the
independent petroleum engineer unless caused by the its gross
negligence or willful misconduct.
``(B) If Chevron U.S.A. Inc. agrees in writing not later than 60
days after the date of the enactment of this paragraph that the
independent petroleum engineer shall not be liable to Chevron U.S.A.
Inc. or the Department of Energy for any cost or expense incurred or
for any loss or damage described in clauses (i) through (iii) of
subparagraph (A), the Department of Energy shall agree to the same not
later than such date.''.
Passed the Senate June 22, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 2766
_______________________________________________________________________
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
personnel strengths for such fiscal year for the Armed Forces, and for
other purposes.
_______________________________________________________________________
June 22, 2006
Ordered to be printed as passed