National Defense Authorization Act for Fiscal Year 2006
Public Law 109–163, as amended
National Defense Authorization Act for Fiscal Year 2006
163
117–263
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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National Defense Authorization Act for Fiscal Year 2006
United States Policy in Iraq Act
Military Construction Authorization Act for Fiscal Year 2006
Detainee Treatment Act of 2005
10388
109
2006-01-06
National Defense Authorization Act for Fiscal Year 2006
[Public Law 109–163, Enacted January 6, 2006]
[As Amended Through P.L. 117–263, Enacted December 23, 2022]
[Currency: This publication is a compilation of the text of Public Law 109–163. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
SEC. 234.
[10 U.S.C. 2431 note]

PLANS FOR TEST AND EVALUATION OF OPERATIONAL CAPABILITY OF THE BALLISTIC MISSILE DEFENSE SYSTEM.
(a)

Test and Evaluation Plans for Blocks.—
(1)

Plans required.—
With respect to block 06 and each subsequent block of the Ballistic Missile Defense System, the appropriate joint and service operational test and evaluation components of the Department of Defense concerned with the block shall prepare a plan, appropriate for the level of technological maturity of the block, to test, evaluate, and characterize the operational capability of the block.
(2)

Consultation and review.—
The preparation of each plan under this subsection shall be—
(A)
carried out in coordination with the Missile Defense Agency; and
(B)
subject to the review and approval of the Director of Operational Test and Evaluation.
(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.
(b)

Reports on Test and Evaluation of Blocks.—
At the conclusion of the test and evaluation of block 06 and each subsequent block of the Ballistic Missile Defense System, the Director of Operational Test and Evaluation shall submit to the Secretary of Defense and the congressional defense committees a report providing—
(1)
the assessment of the Director as to whether or not the test and evaluation was adequate to evaluate the operational capability of the block; and
(2)
the characterization of the Director as to the operational effectiveness, suitability, and survivability of the block, as appropriate for the level of technological maturity of the block tested.
subtitle D—

High-Performance Defense Manufacturing Technology Research and Development
SEC. 241.
[10 U.S.C. 2521 note]

PILOT PROGRAM FOR IDENTIFICATION AND TRANSITION OF ADVANCED MANUFACTURING PROCESSES AND TECHNOLOGIES.
(a)

Pilot Program Required.—
The Under Secretary of Defense for Acquisition, Technology, and Logistics shall conduct a pilot program under the authority of section 2521 of title 10, United States Code, to identify and transition advanced manufacturing processes and technologies the utilization of which would achieve significant productivity and efficiency gains in the defense manufacturing base.
(b)

Consideration of Defense Priorities.—
In carrying out subsection (a), the Under Secretary shall take into consideration the defense priorities established in the most current Joint Warfighting Science and Technology plan, as required under section 270 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 2501 note).
(c)

Identification for Transition.—
In identifying manufacturing processes and technologies for transition to the defense manufacturing base under the pilot program, the Under Secretary shall select the most promising transformational technologies and manufacturing processes, in consultation with the Assistant Secretary of Defense for Research and Engineering, the Joint Defense Manufacturing Technology Panel, and other such entities as may be appropriate, including the Director of the Small Business Innovation Research Program.
SEC. 242.
[10 U.S.C. 2521 note]

TRANSITION OF TRANSFORMATIONAL MANUFACTURING PROCESSES AND TECHNOLOGIES TO DEFENSE MANUFACTURING BASE.
(a)

Prototypes and Test Beds.—
The Under Secretary of Defense for Acquisition, Technology, and Logistics shall undertake the development of prototypes and test beds to validate the manufacturing processes and technologies selected for transition under the pilot program under section 241.
(b)

Diffusion of Enhancements.—
The Under Secretary shall seek the cooperation of industry in adopting such manufacturing processes and technologies through the following:
(1)
The Manufacturing Extension Partnership Program.
(2)
The identification of incentives for industry to incorporate and utilize such manufacturing processes and technologies.
SEC. 243.
[10 U.S.C. 2521 note]

MANUFACTURING TECHNOLOGY STRATEGIES.
(a)

In General.—
The Under Secretary of Defense for Acquisition, Technology, and Logistics may—
(1)
identify an area of technology where the development of an industry-prepared roadmap for new manufacturing and technology processes applicable to defense manufacturing requirements would be beneficial to the Department of Defense; and
(2)
establish a task force, and act in cooperation, with the private sector to map the strategy for the development of manufacturing processes and technologies needed to support technology development in the area identified under paragraph (1).
(b)

Commencement of Roadmapping.—
The Under Secretary shall commence any roadmapping identified pursuant to subsection (a)(1) not later than January 2007.
SEC. 244.
[10 U.S.C. 2521 note]

REPORT.
(a)

In General.—
Not later than December 31, 2007, the Under Secretary of the Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on the actions undertaken by the Under Secretary under this subtitle during fiscal year 2006.
(b)

Elements.—
The report under subsection (a) shall include—
(1)
a comprehensive description of the actions undertaken under this subtitle during fiscal year 2006;
(2)
an assessment of effectiveness of such actions in enhancing research and development on manufacturing technologies and processes, and the implementation of such within the defense manufacturing base; and
(3)
such recommendations as the Under Secretary considers appropriate for additional actions to be undertaken in order to increase the effectiveness of the actions undertaken under this subtitle in enhancing manufacturing activities within the defense manufacturing base.
SEC. 245.
[10 U.S.C. 2521 note]

DEFINITIONS.
In this subtitle:
(1)

Defense manufacturing base.—
The term “defense manufacturing base” includes any supplier of the Department of Defense, including a supplier of raw materials.
(2)

Manufacturing extension partnership program.—
The term “Manufacturing Extension Partnership Program” means the Manufacturing Extension Partnership Program of the Department of Commerce.
(3)

Small business innovation research program.—
The term “Small Business Innovation Research Program” has the meaning given that term in section 2500(11) of title 10, United States Code.
* * * * * * *
TITLE V—

MILITARY PERSONNEL POLICY
* * * * * * *
SEC. 554.
[10 U.S.C. 113 note]

REPORTS BY OFFICERS AND SENIOR ENLISTED MEMBERS OF CONVICTION OF CRIMINAL LAW.
(a)

Requirement for Reports.—
(1)

In general.—
The Secretary of Defense shall prescribe in regulations a requirement that each covered member of the Armed Forces shall submit to an authority in the military department concerned designated pursuant to such regulations a timely report of any conviction of such member by any law enforcement authority of the United States for a violation of a criminal law of the United States, whether or not the member is on active duty at the time of the conduct that provides the basis for the conviction. The regulations shall apply uniformly throughout the military departments.
(2)

Covered members.—
In this section, the term “covered member of the Armed Forces” means a member of the Army, Navy, Air Force, or Marine Corps who is on the active-duty list or the reserve active-status list and who is—
(A)
an officer; or
(B)
an enlisted member in a pay grade above pay grade E–6.
(b)

Law Enforcement Authority of the United States.—
For purposes of this section, a law enforcement authority of the United States includes—
(1)
a military or other Federal law enforcement authority;
(2)
a State or local law enforcement authority; and
(3)
such other law enforcement authorities within the United States as the Secretary shall specify in the regulations prescribed pursuant to subsection (a).
(c)

Criminal Law of the United States.—
(1)

In general.—
Except as provided in paragraph (2), for purposes of this section, a criminal law of the United States includes—
(A)
any military or other Federal criminal law;
(B)
any State, county, municipal, or local criminal law or ordinance; and
(C)
such other criminal laws and ordinances of jurisdictions within the United States as the Secretary shall specify in the regulations prescribed pursuant to subsection (a).
(2)

Exception.—
For purposes of this section, a criminal law of the United States shall not include a law or ordinance specifying a minor traffic offense (as determined by the Secretary for purposes of such regulations).
(d)

Timeliness of Reports.—
The regulations prescribed pursuant to subsection (a) shall establish requirements for the timeliness of reports under this section.
(e)

Forwarding of Information.—
The regulations prescribed pursuant to subsection (a) shall provide that, in the event a military department receives information that a covered member of the Armed Forces under the jurisdiction of another military department has become subject to a conviction for which a report is required by this section, the Secretary of the military department receiving such information shall, in accordance with such procedures as the Secretary of Defense shall establish in such regulations, forward such information to the authority in the military department having jurisdiction over such member designated pursuant to such regulations.
(f)

Convictions.—
In this section, the term “conviction” includes any plea of guilty or nolo contendere.
(g)

Deadline for Regulations.—
The regulations required by subsection (a), including the requirement in subsection (e), shall go into effect not later than the end of the 180-day period beginning on the date of the enactment of this Act.
(h)

Applicability of Requirement.—
The requirement under the regulations required by subsection (a) that a covered member of the Armed Forces submit notice of a conviction shall apply only to a conviction that becomes final after the date of the enactment of this Act.
subtitle G—

Assistance to Local Educational Agencies for Defense Dependents Education
* * * * * * *
SEC. 572.
[20 U.S.C. 7703b]

ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.
(a)

Assistance to Schools With Significant Numbers of Military Dependent Students.—
(1)

Assistance authorized.—
The Secretary of Defense shall provide financial assistance to an eligible local educational agency described in paragraph (2) if, without such assistance, the local educational agency will be unable (as determined by the Secretary of Defense in consultation with the Secretary of Education) to provide the students in the schools of the local educational agency with a level of education that is equivalent to the minimum level of education available in the schools of the other local educational agencies in the same State.
(2)

Eligible local educational agencies.—
A local educational agency is eligible for assistance under this subsection for a fiscal year if at least 20 percent (as rounded to the nearest whole percent) of the students in average daily attendance in the schools of the local educational agency during the preceding school year were military dependent students counted under section 7003(a)(1) of the Elementary and Secondary Education Act of 1965.
(b)

Assistance to Schools With Enrollment Changes Due to Base Closures, Force Structure Changes, or Force Relocations.—
(1)

Assistance authorized.—
To assist communities in making adjustments resulting from changes in the size or location of the Armed Forces, the Secretary of Defense shall provide financial assistance to an eligible local educational agency described in paragraph (2) if, during the period between the end of the school year preceding the fiscal year for which the assistance is authorized and the beginning of the school year immediately preceding that school year, the local educational agency had (as determined by the Secretary of Defense in consultation with the Secretary of Education) an overall increase or reduction of—
(A)
not less than five percent in the average daily attendance of military dependent students in the schools of the local educational agency; or
(B)
not less than 250 military dependent students in average daily attendance in the schools of the local educational agency.
(2)

Eligible local educational agencies.—
A local educational agency is eligible for assistance under this subsection for a fiscal year if—
(A)
the local educational agency is eligible for assistance under subsection (a) for the same fiscal year, or would have been eligible for such assistance if not for the reduction in military dependent students in schools of the local educational agency; and
(B)
the overall increase or reduction in military dependent students in schools of the local educational agency is the result of one or more of the following:
(i)
The global rebasing plan of the Department of Defense.
(ii)
The official creation or activation of one or more new military units.
(iii)
The realignment of forces as a result of the base closure process.
(iv)
A change in the number of housing units on a military installation.
(3)

Calculation of amount of assistance.—
(A)

Pro rata distribution.—
The amount of the assistance provided under this subsection to a local educational agency that is eligible for such assistance for a fiscal year shall be equal to the product obtained by multiplying—
(i)
the per-student rate determined under subparagraph (B) for that fiscal year; by
(ii)
the net of the overall increases and reductions in the number of military dependent students in schools of the local educational agency, as determined under paragraph (1).
(B)

Per-student rate.—
For purposes of subparagraph (A)(i), the per-student rate for a fiscal year shall be equal to the dollar amount obtained by dividing—
(i)
the total amount of funds made available for that fiscal year to provide assistance under this subsection; by
(ii)
the sum of the overall increases and reductions in the number of military dependent students in schools of all eligible local educational agencies for that fiscal year under this subsection.
(C)

Maximum amount of assistance.—
A local educational agency may not receive more than $1,000,000 in assistance under this subsection for any fiscal year.
(4)

Duration.—
Assistance may not be provided under this subsection after September 30, 2014.
(c)

Notification.—
Not later than June 30, 2006, and June 30 of each fiscal year thereafter for which funds are made available to carry out this section, the Secretary of Defense shall notify each local educational agency that is eligible for assistance under this section for that fiscal year of—
(1)
the eligibility of the local educational agency for the assistance, including whether the agency is eligible for assistance under either subsection (a) or (b) or both subsections; and
(2)
the amount of the assistance for which the local educational agency is eligible.
(d)

Disbursement of Funds.—
The Secretary of Defense shall disburse assistance made available under this section for a fiscal year not later than 30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (c) for that fiscal year.
(e)

Definitions.—
In this section:
(1)
The term “base closure process” means the 2005 base closure and realignment process authorized by Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) or any base closure and realignment process conducted after the date of the enactment of this Act under section 2687 of title 10, United States Code, or any other similar law enacted after that date.
(2)
The term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965.
(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.
(4)
The term “State” means each of the 50 States and the District of Columbia.1
^1
There is no subsection (f) in law.
(g)

Repeal of Former Authority.—
Section 386 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 20 U.S.C. 7703 note) is repealed.
SEC. 573.

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. 574.

CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF DEPENDENTS OF CERTAIN MEMBERS DESPITE CHANGE IN STATUS OF MEMBER.
(a)

Special Rule.—
For purposes of computing the amount of a payment for an eligible local educational agency under subsection (a) of section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) for school year 2005–2006, the Secretary of Education shall continue to count as a child enrolled in a school of such agency under such subsection any child who—
(1)
would be counted under paragraph (1)(B) of such subsection to determine the number of children who were in average daily attendance in the school; but
(2)
due to the deployment of both parents or legal guardians of the child, the deployment of a parent or legal guardian having sole custody of the child, or the death of a military parent or legal guardian while on active duty (so long as the child resides on Federal property (as defined in section 8013(5) of such Act (20 U.S.C. 7713(5))), is not eligible to be so counted.
(b)

Termination.—
The special rule provided under subsection (a) applies only so long as the children covered by such subsection remain in average daily attendance at a school in the same local educational agency they attended before their change in eligibility status.
SEC. 591.
[10 U.S.C. 503 note]

RECRUITMENT AND ENLISTMENT OF HOME-SCHOOLED STUDENTS IN THE ARMED FORCES.
(a)

Policy on Recruitment and Enlistment.—
(1)

Policy required.—
The Secretary of Defense shall prescribe a policy on the recruitment and enlistment of home-schooled students in the Armed Forces.
(2)

Uniformity across the armed forces.—
The Secretary shall ensure that the policy prescribed under paragraph (1) applies, to the extent practicable, uniformly across the Armed Forces.
(b)

Elements.—
The policy under subsection (a) shall include the following:
(1)
An identification of a graduate of home schooling for purposes of recruitment and enlistment in the Armed Forces that is in accordance with the requirements described in subsection (c).
(2)
A communication plan to ensure that the policy described in subsection (c) is understood by recruiting officials of all the Armed Forces, to include field recruiters at the lowest level of command.
(3)
An exemption of graduates of home schooling from the requirement for a secondary school diploma or an equivalent (GED) as a precondition for enlistment in the Armed Forces.
(c)

Home School Graduates.—
In prescribing the policy under subsection (a), the Secretary of Defense shall prescribe a single set of criteria to be used by the Armed Forces in determining whether an individual is a graduate of home schooling. The Secretary concerned shall ensure compliance with education credential coding requirements.
(d)

Secretary Concerned Defined.—
In this section, the term “Secretary concerned” has the meaning given such term in section 101(a)(9) of title 10, United States Code.
SEC. 596.
[10 U.S.C. 113 note]

IMPROVEMENT TO DEPARTMENT OF DEFENSE CAPACITY TO RESPOND TO SEXUAL ASSAULT AFFECTING MEMBERS OF THE ARMED FORCES.
(a)

Plan for System to Track Cases in Which Care or Prosecution Hindered by Lack of Availability.—
(1)

Plan required.—
The Secretary of Defense shall develop and implement a system to track cases under the jurisdiction of the Department of Defense in which care to a victim of rape or sexual assault, or the investigation or prosecution of an alleged perpetrator of rape or sexual assault, is hindered by the lack of availability of a rape kit or other needed supplies or by the lack of timely access to appropriate laboratory testing resources.
(2)

Submittal to congressional committees.—
The Secretary shall submit the plan developed under paragraph (1) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 120 days after the date of the enactment of this Act.
(b)

Accessibility Plan for Deployed Units.—
(1)

Plan required.—
The Secretary of Defense shall develop and implement a plan for ensuring accessibility and availability of supplies, trained personnel, and transportation resources for responding to sexual assaults occurring in deployed units. The plan shall include the following:
(A)
A plan for the training of personnel who are considered to be “first responders” to sexual assaults (including criminal investigators, medical personnel responsible for rape kit evidence collection, and victims advocates), such training to include current techniques on the processing of evidence, including rape kits, and on conducting investigations.
(B)
A plan for ensuring the availability at military hospitals of supplies needed for the treatment of victims of sexual assault who present at a military hospital, including rape kits, equipment for processing rape kits, and supplies for testing and treatment for sexually transmitted infections and diseases, including HIV, and for testing for pregnancy.
(2)

Submittal to congressional committees.—
The Secretary shall submit the plan developed under paragraph (1) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not later than 120 days after the date of the enactment of this Act.
(c)

Additional Matters for Annual Report on Sexual Assaults.—
[Omitted-Amendment]
* * * * * * *
TITLE VIII—

ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
* * * * * * *
Subtitle B—

Acquisition Policy and Management
* * * * * * *
SEC. 819.
[10 U.S.C. 2305 note]

AUTHORIZATION OF EVALUATION FACTOR FOR DEFENSE CONTRACTORS EMPLOYING OR SUBCONTRACTING WITH MEMBERS OF THE SELECTED RESERVE OF THE RESERVE COMPONENTS OF THE ARMED FORCES.
(a)

Defense Contracts.—
In awarding any contract for the procurement of goods or services to an entity, the Secretary of Defense is authorized to use as an evaluation factor whether the entity intends to carry out the contract using employees or individual subcontractors who are members of the Selected Reserve of the reserve components of the Armed Forces.
(b)

Regulations.—
The Federal Acquisition Regulation shall be revised as necessary to implement this section.
* * * * * * *
TITLE X—

GENERAL PROVISIONS
* * * * * * *
Subtitle F—

Other Matters
* * * * * * *
SEC. 1059.
[8 U.S.C. 1101 note]

SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS TRANSLATORS WITH UNITED STATES ARMED FORCES.2
^2
Section 3812 of Public Law 110–28 (121 Stat. 151) amended section 1059 of the National Defense Authorization Act for Fiscal Year 2006. Identical amendments to such section were enacted into law by section 1 of Public Law 110–36 (121 Stat. 227).
(a)

In General.—
For purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), subject to subsection (c)(1), the Secretary of Homeland Security may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien—
(1)
files with the Secretary of Homeland Security a petition under section 204 of such Act (8 U.S.C. 1154) for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and
(2)
is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility, the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) shall not apply.
(b)

Aliens Described.—
(1)

Principal aliens.—
An alien is described in this subsection if the alien—
(A)
is a national of Iraq or Afghanistan;
(B)
worked directly with United States Armed Forces, or under Chief of Mission authority, as a translator or interpreter for a period of at least 12 months;
(C)
obtained a favorable written recommendation from the Chief of Mission or a general or flag officer in the chain of command of the United States Armed Forces unit that was supported by the alien; and
(D)
before filing the petition described in subsection (a)(1), cleared a background check and screening, as determined by the Chief of Mission or a general or flag officer in the chain of command of the United States Armed Forces unit that was supported by the alien.
(2)

Spouses and children.—
An alien is described in this subsection if the alien is the spouse or child of a principal alien described in paragraph (1), and is following or accompanying to join the principal alien.
(c)

Numerical Limitations.—
(1)

In general.—
The total number of principal aliens who may be provided special immigrant status under this section—
(A)
during each of the fiscal years 2007 and 2008, shall not exceed 500; and
(B)
during any other fiscal year shall not exceed 50.
(2)

Aliens exempt from employment-based numerical limitations.—
For purposes of the application of sections 201 through 203 of the Immigration and Nationality Act (8 U.S.C. 1151–1153) in any fiscal year, aliens eligible to be provided status under this section shall be treated as special immigrants described in section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are not described in subparagraph (A), (B), (C), or (K) of such section and shall not be counted against the numerical limitations under sections 201(d), 202(a), and 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(3)

Carry forward.—
If the numerical limitation described in paragraph (1) is not reached during a given fiscal year, the numerical limitation for the following fiscal year shall be increased by a number equal to the difference between the number of visas authorized for the given fiscal year and the number of aliens provided special immigrant status during the given fiscal year.
(d)

Adjustment of Status.—
Notwithstanding paragraphs (2), (7) and (8) of section 245(c) of the Immigration and Nationality Act (8 U.S.C. 1255(c)), the Secretary of Homeland Security may adjust the status of an alien to that of a lawful permanent resident under section 245(a) of such Act if the alien—
(1)
was paroled or admitted as a nonimmigrant into the United States; and
(2)
is otherwise eligible for special immigrant status under this section and under the Immigration and Nationality Act.
(e)

Naturalization.—
(1)

In general.—
A period of absence from the United States described in paragraph (2)—
(A)
shall not be considered to break any period for which continuous residence or physical presence in the United States is required for naturalization under title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.); and
(B)
shall be treated as a period of residence and physical presence in the United States for purposes of satisfying the requirements for naturalization under such title.
(2)

Period of absence described.—
A period of absence described in this paragraph is a period of absence from the United States due to a person's employment by the Chief of Mission or United States Armed Forces, under contract with the Chief of Mission or United States Armed Forces, or by a firm or corporation under contract with the Chief of Mission or United States Armed Forces, if—
(A)
such employment involved supporting the Chief of Mission or United States Armed Forces as a translator, interpreter, or in a security-related position in an executive or managerial capacity; and
(B)
the person spent at least a portion of the time outside the United States working directly with the Chief of Mission or United States Armed Forces as a translator, interpreter, or in a security-related position in an executive or managerial capacity.
(f)

Application of Immigration and Nationality Act Provisions.—
The definitions in subsections (a) and (b) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101) shall apply in the administration of this section. * * * * * * *
TITLE XI—

CIVILIAN PERSONNEL MATTERS
SUBTITLE A—

EXTENSIONS OF AUTHORITIES
* * * * * * *
SEC. 1105.

AUTHORITY TO WAIVE ANNUAL LIMITATION ON TOTAL COMPENSATION PAID TO FEDERAL CIVILIAN EMPLOYEES.
(a)

Waiver Authority.—
During 2006, 2007, and 2008 and notwithstanding section 5547 of title 5, United States Code, the head of an executive agency may waive, subject to subsection (b), the limitation established in that section for total compensation (including limitations on the aggregate of basic pay and premium pay payable in a calendar year) of an employee who performs work while in an overseas location that is in the area of responsibility of the commander of the United States Central Command, in direct support of or directly related to a military operation (including a contingency operation as defined in section 101(13) of title 10, United States Code) or, during 2008, a military operation (including a contingency operation, as so defined) or an operation in response to an emergency declared by the President.
(b)

Maximum Total Compensation.—
The total compensation of an employee whose pay is covered by a waiver under subsection (a) may not exceed $200,000 in 2006 and $212,100 in 2007 or 2008.
(c)

Additional Pay not Considered Basic Pay.—
To the extent that a waiver under subsection (a) results in payment of additional premium pay of a type that is normally creditable as basic pay for retirement or any other purpose, such additional pay—
(1)
shall not be considered to be basic pay for any purpose; and
(2)
shall not be used in computing a lump sum payment for accumulated and accrued annual leave under section 5551 of title 5, United States Code. * * * * * * *
TITLE XII—

MATTERS RELATING TO FOREIGN NATIONS
SUBTITLE A—

ASSISTANCE AND TRAINING
* * * * * * *
SEC. 1202.

COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a)

Authority for Fiscal Years 2008 and 2009.—
During each of fiscal years 2008 and 2009, from funds made available to the Department of Defense for operation and maintenance for such fiscal year, not to exceed $1,700,000,000 in fiscal year 2008 and $1,500,000,000 in fiscal year 2009 may be used by the Secretary of Defense to provide funds—
(1)
for the Commanders' Emergency Response Program; and
(2)
for a similar program to assist the people of Afghanistan.
(b)

Quarterly Reports and Briefings.—
(1)

In general.—
Not later than 15 days after the end of each fiscal-year quarter of fiscal years 2008 and 2009, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes of the programs under subsection (a).
(2)

Additional matters to be included.—
In addition to the information described in paragraph (1), each report required under paragraph (1) that contains information on projects carried out using funds authorized under the Commanders' Emergency Response Program in Iraq shall include the following:
(A)
A listing of each project for which amounts in excess of $500,000 provided through the Commanders' Emergency Response Program in Iraq were expended.
(B)
A written statement by the Secretary of Defense, or the Deputy Secretary of Defense if the authority under subsection (f) is delegated to the Deputy Secretary of Defense, affirming that the certification required under subsection (f) was issued for each project in Iraq for which amounts in excess of $1,000,000 provided through the Commanders' Emergency Response Program in Iraq were expended.
(C)
For each project listed in subparagraph (A), the following information:
(i)
A description and justification for carrying out the project
(ii)
A description of the extent of involvement by the Government of Iraq in the project, including—
(I)
the amount of funds provided by the Government of Iraq for the project; and
(II)
a description of the plan for the transition of such project upon completion to the people of Iraq and for the sustainment of any completed facilities, including any commitments by the Government of Iraq to sustain projects requiring the support of the Government of Iraq for sustainment.
(iii)
A description of the current status of the project, including, where appropriate, the projected completion date.
(D)
A description of the status of transitioning activities carried out under the Commanders' Emergency Response Program in Iraq to the Government of Iraq, including—
(i)
the level of funding provided by the Government of Iraq for the Government of Iraq Commanders' Emergency Response Program (commonly known as “I-CERP”);
(ii)
the level of funding provided and expended by the Government of Iraq in other programs designed to meet urgent humanitarian relief and reconstruction requirements that immediately assist the Iraqi people; and
(iii)
a description of the progress made in transitioning the responsibility for the Sons of Iraq Program to the Government of Iraq.
(3)

Briefings.—
Not later than 15 days after the submission of each report under paragraph (1), appropriate officials of the Department of Defense shall meet with the congressional defense committees to brief such committees on the matters contained in the report.
(c)

Submission of Guidance.—
(1)

Initial submission.—
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 copy of the guidance issued by the Secretary to the Armed Forces concerning the allocation of funds through the Commanders' Emergency Response Program and any similar program to assist the people of Afghanistan.
(2)

Modifications.—
If the guidance in effect for the purpose stated in paragraph (1) is modified, the Secretary shall submit to the congressional defense committees a copy of the modification not later than 15 days after the date on which the Secretary makes the modification.
(d)

Waiver Authority.—
For purposes of exercising the authority provided by this section or any other provision of law making funding available for the Commanders' Emergency Response Program or any similar program to assist the people of Afghanistan, the Secretary of Defense may waive any provision of law not contained in this section that would (but for the waiver) prohibit, restrict, limit, or otherwise constrain the exercise of that authority.
(e)

Prohibition on Certain Projects Under the Commanders' Emergency Response Program in Iraq.—
(1)

Prohibition.—
Except as provided in paragraph (2), funds made available under this section for the Commanders' Emergency Response Program in Iraq may not be obligated or expended to carry out any project commenced after the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 if the total amount of such funds made available for the purpose of carrying out the project exceeds $2,000,000.
(2)

Exception.—
The prohibition contained in paragraph (1) shall not apply with respect to funds managed or controlled by the Department of Defense that were otherwise provided by another department or agency of the United States Government, the Government of Iraq, the government of a foreign country, a foundation or other charitable organization (including a foundation or charitable organization that is organized or operates under the laws of a foreign country), or any source in the private sector of the United States or a foreign country.
(3)

Waiver.—
The Secretary of Defense may waive the prohibition contained in paragraph (1) if the Secretary of Defense—
(A)
determines that such a waiver is required to meet urgent humanitarian relief and reconstruction requirements that will immediately assist the Iraqi people; and
(B)
submits in writing, within 15 days of issuing such waiver, to the congressional defense committees a notification of the waiver, together with a discussion of—
(i)
the unmet and urgent needs to be addressed by the project; and
(ii)
any arrangements between the Government of the United States and the Government of Iraq regarding the provision of Iraqi funds for carrying out and sustaining the project .
(f)

Certification on Certain Projects Under the Commanders' Emergency Response Program in Iraq.—
(1)

Certification.—
Funds made available under this section for the Commanders' Emergency Response Program in Iraq may not be obligated or expended to carry out any project commenced after the date of the enactment of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 if the total amount of such funds made available for the purpose of carrying out the project exceeds $1,000,000 unless the Secretary of Defense certifies that the project addresses urgent humanitarian relief and reconstruction requirements that will immediately assist the Iraqi people.
(2)

Delegation.—
The Secretary may delegate the authority under paragraph (1) to the Deputy Secretary of Defense.
(g)

Commanders' Emergency Response Program Defined.—
In this section, the term “Commanders' Emergency Response Program” means the program established by the Administrator of the Coalition Provisional Authority for the purpose of enabling United States military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi people.
* * * * * * *
[Section 1206 repealed by section 1205(c) of division A of Public Law 113–291.]
SEC. 1207.

SECURITY AND STABILIZATION ASSISTANCE.
(a)

Authority.—
(1)

In general.—
The Secretary of Defense may provide services to, and transfer defense articles and funds to, the Secretary of State for the purposes of facilitating the provision by the Secretary of State of reconstruction, security, or stabilization assistance to a foreign country.
(2)

Prohibition on budget support.—
Nothing in this section shall be construed to authorize the provision of budget support to any foreign country.
(b)

Limitation.—
(1)

In general.—
Except as provided in paragraph (2), the aggregate value of all services, defense articles, and funds provided or transferred to the Secretary of State under this section in any fiscal year may not exceed $100,000,000.
(2)

Assistance to georgia during fiscal year 2009.—
(A)

In general.—
The Secretary of Defense is authorized during fiscal year 2009 to exercise the authority of subsection (a) to provide services to, and transfer defense articles and funds to, the Secretary of State for the purposes of facilitating the provision by the Secretary of State of reconstruction, security, or stabilization assistance to the country of Georgia.
(B)

Limitation.—
The aggregate value of all services, defense articles, and funds provided or transferred to the Secretary of State under this section for Georgia in fiscal year 2009—
(i)
may not exceed $50,000,000; and
(ii)
shall not count against the dollar amount limitation specified in paragraph (1) for such fiscal year.
(c)

Availability of Funds.—
Any funds transferred to the Secretary of State under this section may remain available until expended.
(d)

Formulation and Implementation of Program for Assistance.—
The Secretary of State shall coordinate with the Secretary of Defense in the formulation and implementation of a program of reconstruction, security, or stabilization assistance to a foreign country that involves the provision of services or transfer of defense articles or funds under subsection (a).
(e)

Congressional Notification.—
(1)

Requirement for notice.—
Whenever the Secretary of Defense exercises the authority under subsection (a), the Secretary shall, at the time the authority is exercised, notify the congressional committees specified in paragraph (3) of the exercise of that authority. Any such notification shall be prepared in coordination with the Secretary of State.
(2)

Content of notification.—
Any notification under paragraph (1) shall include a description of—
(A)
the services, defense articles, or funds provided or transferred to the Secretary of State; and
(B)
the purpose for which such services, defense articles, and funds will be used.
(3)

Specified congressional committees.—
The congressional committees specified in this paragraph are the following:
(A)
The Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.
(B)
The Committee on Armed Services, the Committee on International Relations, and the Committee on Appropriations of the House of Representatives.
(f)

Applicable Law.—
Any services, defense articles, or funds provided or transferred to the Secretary of State under the authority of this section that the Secretary of State uses to provide reconstruction, security, or stabilization assistance to a foreign country shall be subject to the authorities and limitations in the Foreign Assistance Act of 1961, the Arms Export Control Act, or any law making appropriations to carry out such Acts.
(g)

Expiration.—
The authority provided under subsection (a) may not be exercised after September 30, 2009.
* * * * * * *
SUBTITLE B—

NONPROLIFERATION MATTERS AND COUNTRIES OF CONCERN
SEC. 1211.
[10 U.S.C. 2302 note]

PROHIBITION ON PROCUREMENTS FROM CHINESE MILITARY COMPANIES.
(a)

Prohibition.—
The Secretary of Defense may not procure goods or services described in subsection (b), through a contract or any subcontract (at any tier) under a contract, from any Communist Chinese military company, any Chinese military company, any Non-SDN Chinese military-industrial complex company, or any other covered company.
(b)

Goods and Services Covered.—
(1)

In general.—
For purposes of subsection (a), and except as provided in paragraph (2), the goods and services described in this subsection are goods and services—
(A)
on the munitions list of the International Traffic in Arms Regulations; or
(B)
on the Commerce Control List that—
(i)
are classified in the 600 series; or
(ii)
contain strategic and critical materials, rare earth elements, or energetic materials used to manufacture missiles or munitions.
(2)

Exceptions.—
Goods and services described in this subsection do not include goods or services procured—
(A)
in connection with a visit by a vessel or an aircraft of the United States Armed Forces to the People’s Republic of China;
(B)
for testing purposes; or
(C)
for purposes of gathering intelligence.
(c)

Waiver Authorized.—
The Secretary of Defense may waive the prohibition in subsection (a) if the Secretary determines that such a waiver is necessary for national security purposes and the Secretary submits to the congressional defense committees a report described in subsection (d) not less than 15 days before issuing the waiver under this subsection.
(d)

Report.—
The report referred to in subsection (c) is a report that identifies the specific reasons for the waiver issued under subsection (c) and includes recommendations as to what actions may be taken to develop alternative sourcing capabilities in the future.
(e)

Definitions.—
In this section:
(1)
The term “Chinese military company” has the meaning given that term by section 1260H(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note).
(2)
The term “Commerce Control List” means the list maintained by the Bureau of Industry and Security and set forth in Supplement No. 1 to part 774 of the Export Administration Regulations.
(3)
The term “Communist Chinese military company” has the meaning provided that term by section 1237(b)(4) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note).
(4)
The term “Export Administration Regulations” has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
(5)
The term “munitions list of the International Traffic in Arms Regulations” means the United States Munitions List contained in part 121 of subchapter M of title 22 of the Code of Federal Regulations.
(6)
The term “Non-SDN Chinese military-industrial complex company” means any entity on the Non-SDN Chinese Military-Industrial Complex Companies List—
(A)
established pursuant to Executive Order 13959 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance Communist Chinese military companies), as amended before, on, or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023; and
(B)
maintained by the Office of Foreign Assets Control of the Department of the Treasury.
(7)
The term “other covered company” means a company that—
(A)
is owned or controlled by the government of the People’s Republic of China; and
(B)
is certified by the Secretary of Defense to the congressional defense committees to be a company that must be covered by this section for national security reasons.
(8)
The term “strategic and critical materials” means materials designated as strategic and critical under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)).
(f)

Effective Date.—
With respect to goods and services described in clause (ii) of subparagraph (b)(1)(B), the prohibition shall take effect 180 days after the date on which the Secretary of Defense certifies to the congressional defense committees that a sufficient number of commercially viable providers exist outside of the People’s Republic of China that collectively can provide the Department of Defense with satisfactory quality and sufficient quantity of such goods or services as and when needed at United States market prices.
* * * * * * *
subtitle C—

Reports and Sense of Congress Provisions
SEC. 1221.
[10 U.S.C. 113 note]

WAR-RELATED REPORTING REQUIREMENTS.
(a)

Report Required for Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle.—
The Secretary of Defense shall submit to the congressional defense committees, in accordance with this section, a report on procurement and equipment maintenance costs for each of Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle and on facility infrastructure costs associated with each of Operation Iraqi Freedom and Operation Enduring Freedom. The report shall include the following:
(1)

Procurement.—
A specification of costs of procurement funding requested since fiscal year 2003, together with end-item quantities requested and the purpose of the request (such as replacement for battle losses, improved capability, increase in force size, restructuring of forces), shown by service.
(2)

Equipment maintenance.—
A cost comparison of the requirements for equipment maintenance expenditures during peacetime and for such requirements during wartime, as shown by the requirements in each of Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle. The cost comparison shall include—
(A)
a description of the effect of war operations on the backlog of maintenance requirements over the period of fiscal years 2003 to the time of the report; and
(B)
an examination of the extent to which war operations have precluded maintenance from being performed because equipment was unavailable.
(3)

Operation iraqi freedom and operation enduring freedom infrastructure.—
A specification of the number of United States military personnel that can be supported by the facility infrastructure in Iraq and Afghanistan and in the neighboring countries from where Operation Iraq Freedom and Operation Enduring Freedom are supported.
(b)

Submission Requirements.—
The report under subsection (a) shall be submitted not later than 180 days after the date of the enactment of this Act. The Secretary of Defense shall submit an updated report on procurement, equipment maintenance, and military construction costs, as specified in subsection (a), concurrently with any request made to Congress after the date of the enactment of this Act for war-related funding.
(c)

Quarterly Submittal to Congress and GAO of Certain Reports on Costs.—
Not later than 45 days after the end of each fiscal year quarter, the Secretary of Defense shall submit to the congressional defense committees and the Comptroller General of the United States the Department of Defense Supplemental and Cost of War Execution report for such fiscal year quarter.
SEC. 1222.

QUARTERLY REPORTS ON WAR STRATEGY IN IRAQ.
(a)

Quarterly Reports.—
At the same time the Secretary of Defense submits to Congress each report on stability and security in Iraq that is submitted to Congress after the date of the enactment of this Act under the Joint Explanatory Statement of the Committee on Conference to accompany the conference report on the bill H.R. 1268 of the 109th Congress, the Secretary of Defense and appropriate personnel of the Central Intelligence Agency shall provide the appropriate committees of Congress a briefing on the strategy for the war in Iraq, including the intelligence and other measures of evaluation used in determining the progress made in the execution of that strategy.
(b)

Appropriate Committees of Congress Defined.—
In this section, the term “appropriate committees of Congress” means—
(1)
the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
(2)
the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
(c)

Termination of Requirement.—
This section shall cease to be in effect after 12 of the quarterly briefings specified in subsection (a) have been provided or December 31, 2008, whichever is later.
SEC. 1223.

REPORT ON RECORDS OF CIVILIAN CASUALTIES IN AFGHANISTAN AND IRAQ.
(a)

Report.—
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 on records of civilian casualties in Afghanistan and Iraq.
(b)

Matters to Be Included.—
The report under subsection (a) shall include the following:
(1)
Whether records of civilian casualties in Afghanistan and Iraq are kept by the United States Armed Forces and if such records are kept—
(A)
how and from what sources the information for those records is collected;
(B)
where those records are kept; and
(C)
what officials or organizations are responsible for maintaining those records.
(2)
Whether such records (if kept) contain—
(A)
any information relating to the circumstances under which the casualties occurred and whether those casualties were fatalities or injuries;
(B)
information as to whether any condolence payment, compensation, or assistance was provided to the victim or to the victim's family; and
(C)
any other information relating to those casualties.
[Section 1224 was repealed by section 1051(k)(3) of division A of Public Law 115–91. Such amendment probably should have included the phrase “Fiscal Year” after “Act for” in the reference to the Act; however, the amendment was carried out to reflect the probable intent of Congress.]
SEC. 2834.

TERMINATION OF PROJECT AUTHORIZATIONS FOR MILITARY INSTALLATIONS APPROVED FOR CLOSURE IN 2005 ROUND OF BASE REALIGNMENTS AND CLOSURES.
(a)

Project Termination.—
An authorization for a military construction project, land acquisition, or family housing project contained in title XXI, XXII, XXIII, or XXIV of this Act or in an Act authorizing funds for a prior fiscal year for military construction projects, land acquisition, and family housing projects (and authorizations of appropriations therefor) shall terminate and no longer constitute authority under section 2676, 2802, 2821, or 2822 of title 10, United States Code, to carry out the military construction project, land acquisition, or family housing project if the project is located at a military installation that is approved for closure or adverse realignment or established as an enclave in 2005 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).
(b)

Exceptions.—
Subsection (a) shall not apply to an authorization for a military construction project, land acquisition, or family housing project (and authorizations of appropriations therefor) if the Secretary of Defense determines that—
(1)
the cost to the United States to carry out the project would be less than the cost to the United States of canceling the project;
(2)
the project remains necessary to support functions at a military installation either before, during, or after the closure or realignment of the installation or the establishment of the installation as an enclave;
(3)
in the case of an installation established as an enclave to which future missions may be designated, the project is necessary to support enclave functions or future missions after their designation; or
(4)
the project is vital to the national security or to the protection of health, safety, or the quality of the environment.
(c)

Notice and Wait Requirement.—
When a decision is made to carry out a military construction project, land acquisition, or family housing project under subsection (b), the Secretary of Defense shall submit to the congressional defense committees a report explaining the decision, including the justification for the project and the current estimate of the cost of the project. The project may then be carried out only after the end of the 21-day period beginning on the date the report is received by such committees or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of title 10, United States Code. In the case of a project described in subsection (b)(4), advance notification is not required, but the Secretary shall notify such committees within seven days after first obligating funds for the project.
TITLE XXXIII—

NATIONAL DEFENSE STOCKPILE
SEC. 3301.

AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.
(a)

Obligation of Stockpile Funds.—
During fiscal year 2006, the National Defense Stockpile Manager may obligate up to $52,132,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of such funds under subsection (b)(2) of such section, including the disposal of hazardous materials that are environmentally sensitive.
(b)

Additional Obligations.—
The National Defense Stockpile Manager may obligate amounts in excess of the amount specified in subsection (a) if the National Defense Stockpile Manager notifies Congress that extraordinary or emergency conditions necessitate the additional obligations. The National Defense Stockpile Manager may make the additional obligations described in the notification after the end of the 45-day period beginning on the date on which Congress receives the notification.
(c)

Limitations.—
The authorities provided by this section shall be subject to such limitations as may be provided in appropriations Acts.
SEC. 3302.

REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY AUTHORIZED DISPOSALS FROM NATIONAL DEFENSE STOCKPILE.
[Omitted-Amendment]
SEC. 3303.
[50 U.S.C. 98d note]

AUTHORIZATION FOR DISPOSAL OF TUNGSTEN ORES AND CONCENTRATES.
(a)

Disposal Authorized.—
The President may dispose of up to 8,000,000 pounds of contained tungsten in the form of tungsten ores and concentrates from the National Defense Stockpile in fiscal year 2006.
(b)

Certain Sales Authorized.—
The tungsten ores and concentrates disposed under subsection (a) may be sold to entities with ore conversion or tungsten carbide manufacturing or processing capabilities in the United States.
SEC. 3304.
[50 U.S.C. 98d note]

DISPOSAL OF FERROMANGANESE.
(a)

Disposal Authorized.—
The Secretary of Defense may dispose of up to 75,000 tons of ferromanganese from the National Defense Stockpile during fiscal year 2006.
(b)

Contingent Authority for Additional Disposal.—
If the Secretary of Defense completes the disposal of the total quantity of ferromanganese authorized for disposal by subsection (a) before September 30, 2006, the Secretary of Defense may dispose of up to an additional 25,000 tons of ferromanganese from the National Defense Stockpile before that date.
(c)

Certification.—
The Secretary of Defense may dispose of ferromanganese under the authority of subsection (b) only if the Secretary submits written certification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, not later than 30 days before the commencement of disposal, that—
(1)
the disposal of the additional ferromanganese from the National Defense Stockpile is in the interest of national defense;
(2)
the disposal of the additional ferromanganese will not cause undue disruption to the usual markets of producers and processors of ferromanganese in the United States; and
(3)
the disposal of the additional ferromanganese is consistent with the requirements and purpose of the National Defense Stockpile.
(d)

Delegation of Responsibility.—
The Secretary of Defense may delegate the responsibility of the Secretary under subsection (c) to an appropriate official within the Department of Defense.
(e)

National Defense Stockpile Defined.—
In this section, the term “National Defense Stockpile” means the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).