[Congressional Record Volume 152, Number 56 (Wednesday, May 10, 2006)]
[House]
[Pages H2368-H2453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007
Mr. HUNTER. Mr. Speaker, I ask unanimous consent that during
consideration of H.R. 5122, pursuant to House Resolution 806, general
debate shall not exceed 2 hours equally divided and controlled by the
chairman and ranking minority member of the Committee on Armed
Services.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 806 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 5122.
{time} 1355
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 5122) to authorize appropriations for fiscal year 2007 for
military activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2007, and for other purposes, with
Mr. Gingrey in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered read the
first time.
[[Page H2369]]
Pursuant to the order of the House of today, the gentleman from
California (Mr. Hunter) and the gentleman from Missouri (Mr. Skelton)
each will control 60 minutes.
The Chair recognizes the gentleman from California.
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
Last week the Committee on Armed Services reported out a bill that
very clearly reflects our steadfast support for our service members and
their families, our deep appreciation for their many sacrifices, and
the strong bipartisan spirit that characterizes this committee.
Passing with a committee vote of 60-1, the National Defense
Authorization Act for Fiscal Year 2007 provides for both near and long-
term military personnel and force structure requirements, and
highlights the need for improvements in acquisition processes and
cooperation among key Federal agencies.
Mr. Chairman, the legislation provides $512.9 billion for the
Department of Defense and the security programs of the Department of
Energy. We include a recommendation of active duty growth of 30,000 for
the Army and 5,000 for the Marine Corps above the President's budget
request.
We also include a supplemental bridge fund of some $50 billion to
support our troops operating in Afghanistan, Iraq and other places in
the global war on terrorism, and this, Mr. Chairman, is to provide for
a seamless continuity in the waning calendar months of this year so
that our troops continue to be well supplied before any supplementals
in the following year.
Mr. Chairman, we appreciate the National Guard and Reserve, and we
have provided for additional end strength up to 350,000, and we also
have right now a series of other enhancements that are being looked at
by the special commission chartered by this body and the other body and
the President to address National Guard issues. We are going to be
doing that. We are going to be getting their recommendations shortly,
and those recommendations may be manifested in a bill to follow this
one.
But this year, taking care of our troops and protecting our troops
has been a real priority, and we have included additional money, in
excess of $100 million, for jamming devices to handle roadside bombs.
We have included additional money for greater armor in our platforms,
better armor with our new technology in the body armor units that are
issued so our Army and Marine Corps personnel, in fact all personnel
who are stationed in this theater, and we are spending a lot of
resources protecting our forces, protecting the troops.
Additionally, Mr. Chairman, we look over the horizon and we look at
potential trouble spots around the world, security challenges over the
next 5, 10, 15, 20 years, and we do a few other things, and our very
able chairmen of the subcommittees are going to describe a lot of the
things that we do with respect to equipment and personnel in detail.
But we keep a little more insurance, perhaps, than the administration
has in a couple of areas.
One is stealth attack aircraft. We used just a few percentage of
these great F-117 stealth aircraft in the first gulf war, and yet they
knocked out over 20 percent of the targets. This combination of stealth
and precision munitions has been a very critical and important factor
in the American security apparatus. We don't allow the Air Force to
move so quickly to retire those stealth aircraft until we get others
online.
We also retain a greater part of our bomber force. That has been the
backbone of our deep strike for many, many years. We don't have a new
bomber program right now and we don't want to let quite as many of
those birds go before we are well embarked on this new bomber program.
{time} 1400
As you move across the modernization spectrum, Mr. Chairman, our
members have done an extraordinary job in putting together packages for
our special operators, for our line troops, for our Guard and Reserve.
We have also done some great things for people, for families.
We have extended TRICARE. We have completed this movement of coverage
of TRICARE to our National Guard personnel. We have made prescription
drugs more affordable. We have put an emphasis and an incentive on
getting your medicine through the mail, because that is a much lower
burden for the taxpayers of the United States and very convenient now
for those recipients.
Mr. Chairman, we have great subcommittee chairmen and great ranking
members. We are going to be recognizing them to tell us about this
bill. I want to give my thanks to them and my special partner and
friend, Ike Skelton, who has put in countless hours leading on issues
and developing issues and working to ensure that the people that wear
the uniform of the United States have the very finest conditions and
the very finest treatment for themselves and their family, and that
America's defense remains the envy of the world.
I reserve the balance of my time, Mr. Chairman, with many thanks to
all the committee, and all the staff, who helped to put this bill
together.
Mr. SKELTON. Mr. Chairman, let me first begin by complimenting the
chairman, Duncan Hunter, as well as the subcommittee chairmen and
ranking members. This is an excellent bill. I hope it will pass in due
course by the substantial vote by this body. It authorizes $462.9
billion for defense programs.
It also authorizes a supplemental authorization for $50 billion that
I believe we should go beyond budgeting for foreseeable war costs in a
supplemental fund. We should do it the proper way because we know at
least within the realm of possibility what they are, and we would
authorize those programs and activities. However, it is being done this
way, and we will make the most of it, and we are at least following
what is correct by authorizing that $50 billion.
This also increases the end strength of the Army, Marines, protective
vests, armored Humvees and additional equipment for the National Guard.
Though it is still going to be short-changed, we are making substantial
steps in equipping the National Guard. I think that a supplemental does
not go far enough in that regard.
The bill also reserves the administration's plan or reverts to the
administration's plan with regard to the Army National Guard and it
fully funds the end strength at the authorized level. The
administration recommended authorizing the full amount of troops for
the Army National Guard that are there now, but paying for that number
only rather than for the full amount that it should. We changed that in
this bill.
We also take a look at the area regarding the Persian Gulf, and it is
so very, very important that we take a look at that area. The bill
addresses important quality-of-life issues that are at the top of the
agenda for members and their families, a 2.7 percent pay raise.
It also does what we should have done some time ago, preserves the
retiree benefits by keeping health care premiums under TRICARE at their
current levels.
With this bill we take steps to ensure that our troops have the best
possible equipment. We take a step toward doing better in the Navy by
fully funding the ship steaming days and adding an additional $400
million for advanced procurement for the Virginia class submarine; $300
million more for the National Guard equipment, including the
prepositioned stocks.
The bill also includes important bipartisan initiatives to address
the future challenges. It directs the Secretary of Defense to provide
Congress with a report on the Department's 10-year strategy for
addressing threats posed by Iran to our country and to international
security. This is terribly important because Iran is on the horizon,
and hopefully we can take a good look at this and see what the report
from the Department of Defense will say, which specifically addresses
Iran's nuclear activities and the destabilizing influence that country
has on the entire Middle East. Given the great challenges posed by
Iran, that is a very important provision.
The bill also takes the first step at enhancing interagency
coordination so that the United States truly is able to engage in a
full range of national powers and pursue our national interest.
[[Page H2370]]
A number of years ago we passed what is known as the Goldwater-
Nichols bill, which created a jointness among the various services. We
need one hundred-fold of the coordination between the agencies of our
government so we can pursue the national interest far better than we
are today. The left hand often does not know what the right hand is
doing.
But even with all these positive steps, this bill would be improved
by a number of amendments that I am hopeful, Mr. Chairman, the Rules
Committee will make in order: My amendment to lower the increased
retail pharmacy copay fees for military families; the amendments
offered by Mr. Hoyer, Mr. Udall and Mr. Gordon on energy security; the
amendment offered by Mr. Andrews and other colleagues to increase
funding for nonproliferation programs. We are simply not doing enough
to deal with the weapons of mass destruction threat. The amendment by
Mr. Israel to require that chaplains demonstrate sensitivity, respect
and tolerance towards service members of all faiths, that is terribly
important.
Mr. Chairman, I sincerely hope that these amendments at the next go-
round of the rules decisions will be made in order to make this bill
all the better.
Mr. Chairman, let me take this opportunity to say a special thanks to
Joel Hefley and to Lane Evans. Joel Hefley, a subcommittee chairman for
many years, Lane Evans, ranking member of the Veterans' Affairs
Committee, will be leaving us. This will be their last bill. We are so
grateful for their tireless service through the years. We wish them all
the best in the days ahead. We owe a special thanks to Joel Hefley and
Lane Evans.
Mr. Chairman, I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, we are at a crossroads on a lot of our
defense weapons systems. There is no one more capable or better trained
to lead in these very important decisions than the gentleman from
Pennsylvania (Mr. Weldon), who is the chairman of the Tactical Air and
Land Forces Subcommittee.
Mr. Chairman, I yield the gentleman from Pennsylvania (Mr. Weldon) 6
minutes.
Mr. WELDON of Pennsylvania. Mr. Chairman, I thank my distinguished
chairman and friend for yielding and thank the ranking member for his
outstanding leadership, two great Americans.
You know, this city is filled with a rhetoric that we don't work well
together, that we are at each other's throats, that we are partisan.
This bill passed our committee with a vote of 61 to 1. This bill was
done in a bipartisan way and has the support of members from both
sides.
I am proud of the fact, Mr. Chairman, that my subcommittee, which has
28 members, for the 12th consecutive year had no votes, no votes or
suggested votes that would split our party along or our committee along
party lines. My good friend Neil Abercrombie, my ranking member, and I
worked together. He had great ideas. I took his ideas and suggestions
and made them a part of the bill.
I want to say to our colleagues in this body and our people around
the country, the Congress is working, we are working well together. We
are doing good things. Now some would say that we don't have the right
thing in the Congress to change what the White House and the Pentagon
gives us. Hogwash. That is our job. If we hadn't done our job, we would
not have had the Predator armed. It was this Congress mandated back in
1996 that we arm the Predator. It was this Congress in the 1990s, when
the Clinton administration didn't request increases for pay for the
troops, that plussed up the funding for the pay for the troops.
It is our responsibility to make change, and we have done it. It was
this committee that recommended we put the $25 billion up for the
supplemental for the war. When the White House didn't want to do it, we
led the effort, and everyone else followed.
Mr. Chairman, in this committee, in my mark we have increased $1.5
million for up-armoring Humvees. We have increased $200 million for
tactical radios for the troops to use. We have increased to $69 million
towards explosive jammers to allow our troops to be able to detonate
these bombs before they are in the area or to make them not able to
work.
We have increased technology that will reduce the weight of the
equipment that our military officers and soldiers and officers have to
wear when they are in combat situations in the theater of Iraq or in
any place in the world.
This committee has also cut programs. There are some who say all we
want to do is keep increasing defense spending. In my subcommittee
alone, or our subcommittee, we cut $678 million from programs that we
felt the contractors were requesting too many dollars or the services
were not properly overseeing. We cut the Joint Strike Fighter Program,
Future Combat Systems, even the Presidential helicopter, because as my
friend pointed out, Mr. Abercrombie, we want the President to be flying
in a safe platform when that helicopter is ready to go.
We took that money and we added $276 million for M1s and Bradley
fighting vehicles; $408 million for an additional alternate engine for
the Joint Strike Fighter to continue competition. We put hundreds of
millions of dollars into our Guard and Reserve troops.
The role that this committee played is an unbelievable role. It is
the legitimate role that was thought of in advance by our Founding
Fathers when they designed our Constitution, that we just do not
rubber-stamp what the White House and the Pentagon tell us.
Mr. Chairman, this committee went through dozens and dozens of
hearings. This chairman has had more briefings for us. In fact, Members
of Congress walk around with their eyes partly closed because he has us
up at 8:00 in the morning attending briefings and our markups and
hearings go until late at night. The involvement of both our members
from the other side and our members from this side produces a
cooperative spirit where the resultant product, I think, is
outstanding.
There may be some disagreements on floor. I can tell you, Mr.
Chairman, I am so proud of the committee and the work that we did in
delivering a 61-1 vote.
But it is not just about our troops. It is not just about giving them
the best technology, the best training, the best equipment. We have
also taken some bipartisan steps to increase the flexibility of using
our cooperative threat reduction dollars, to go after those weapons of
mass destruction, whether it is in North Korea or whether it is in
Libya. In our bill in a joint bipartisan amendment with Mr. Spratt, we
have put language in providing flexibility for up to $30 million to be
used by the Pentagon to go into these areas without having to go back
for a reprogram request to allow us to immediately take action against
these deposits of WMD when we find them.
We have also put into place the Nuclear Strategy Forum. We happen to
think there should be a national debate on what the use of nuclear
weapons should be in the 21st century. Again with bipartisan support,
we have put together a team of the best thinkers, the best academics in
America, who in a bipartisan and nonpartisan way will hold meetings and
hearings on what should be our nuclear posture. Should we in fact
reduce our nuclear arsenal? Should we in fact look at testing? Should
we in fact look to an alternative type of technology away from nuclear
weapons totally?
That is a part of this bill. So it is not just about weapons systems.
It is about a comprehensive approach that will allow us to maintain
security and, in the end, avoid war, which is the ultimate objective I
have as long as I am going to be a Member of this institution.
We also reauthorized the EMP Commission. I want to pay particular
accolades to Roscoe Bartlett, our colleague, who has been out front on
that issue for a decade warning us of the threat from the use of
electromatic pulse. We have put into place a panel. That panel has now
been reauthorized and are advising us on how we can protect America's
infrastructure and weapons systems.
Mr. Chairman, there is a personal priority in this bill to me because
I am also vice chairman of the Homeland Security Committee and I work
on behalf of the Nation's firefighters.
[[Page H2371]]
You know our firefighters are our domestic defenders. Our soldiers
are international defenders. Much of the technology we developed for
the soldiers has direct application to our firefighters, our paramedics
and our first responders, but we haven't done a good job in
transferring that technology, whether it is thermal imagers or whether
it is GPS capability. We need to give our first responders the same
kind of protection that we give to our warfighters. In this bill, again
with the cooperation of members on both sides, we put in a specific
provision that focuses on the need to immediately transfer technology
developed by our military people and put it into use for our domestic
defenders.
I ask our colleagues to vote ``yes'' on this important domestic bill.
Mr. Chairman, I have the honor of serving as the Vice Chairman of the
Armed Services Committee and as the Chairman of the Tactical Air and
Land Forces Subcommittee.
I, first of all, want to thank my distinguished chairman for the
leadership he continues to provide across the wide range of issues that
come before our committee. And similarly, I would like to express my
admiration for the ranking member, for the leadership and expertise he
brings to the committee. To the gentleman from Hawaii (Mr.
Abercrombie), my ranking member, I thank him. He is a great American
and it is great to work with him.
We have a great committee. Yes, there are contentious issues, but
they get debated, we vote, and then we move on. We address the vast
majority of issues in a what is best for the troops and taxpayer, non-
partisan way. I cannot tell the Members how proud I am to serve on this
committee. Every day that I serve in this institution, I am happy that
we work so well together. This committee, I think, sets the example for
the entire Congress, demonstrating that we can all work together. I
think the best evidence of that is, we again had a vote out of
committee of 61 of the 62 members coming together. Where we had areas
of disagreement, we have been able to work those out. This is a real
credit and testimony to this Congress and those 62 members who are on
this committee and to our Chairman.
Those of us in the Subcommittee have two priorities: to take care of
the troops and to do our best to hold DOD accountable for its
acquisition programs.
This committee did this year what we have done for the prior two
years to support our personnel in Iraq and Afghanistan. We have held
hearings at the subcommittee and full committee level, pushing the
Pentagon's bureaucracy to get the best available equipment to our
personnel as soon as it can be properly tested--body and vehicle armor;
improvised explosive device jammers, unmanned aerial vehicles, small
arms, night vision equipment, and so on. It was this committee that
first called for additional funding to up-armor our Humvees and take
care of the troops that were in harm's way. It was this committee that
led the White House two years ago in getting that first $25 billion
supplemental.
This bill makes big changes to programs and it makes seemingly small
changes to programs that are yet very meaningful to the average
soldier, sailor, marine, and airman. H.R. 5122 provides over $1.5
billion in additional funds to procure up-armor Humvees and body armor
to protect our personnel. The bill provides over $200 million in
additional funds to procure tactical handheld and small unit radios for
ground forces, addressing urgent needs in Iraq. The bill also provides
an additional $69.0 million to produce and deploy 10,000 man-portable
improvised explosive device jammers that can address a full spectrum of
threats in theater.
At the same time increased authorization is provided for small arms
and small arms technologies. The basic infantryman or marine entering
combat can be required to carry combat configured loads of ammunition
and equipment, that combined, can exceed 90 pounds. The bill contains
funding to advance technologies that can reduce this carrying load
through advancements in lightweight components for existing small arms
and caseless ammunition.
With our military personnel at risk each and every day, supporting
those personnel by providing them the proper equipment is where our
number one priority must continue to be. We cannot shortchange the
current force for a promised future capability.
Our military is facing major financial challenges in upgrading
tactical aircraft programs, shipbuilding programs, and space programs.
And the Army in particular is facing a major budgetary challenge in
trying to fund its Future Combat Systems Program--a $200 billion
program; along with Modularity--a major restructuring and equipping of
its combat brigade structure, a $52.5 billion program; and Reset,
repairing and remanufacturing equipment returning from Iraq and
Afghanistan, a $72.3 billion program.
The bill is about balancing the health and capability of the current
force with the needs of future military capability.
Our concern with several programs is one of excess R&D and
procurement concurrency. We have cut $678 million from the Pentagon's
request in programs within the subcommittee's jurisdiction. Both the
Joint Strike Fighter, F-35, and Presidential Helicopter Program, the
VH-71, have been reduced by a total of $280 million because of our
concerns that they are not meeting our ``fly before buy'' rule.
We make other changes that better balance current against promised
future capabilities: $276 million has been added for M-1 tank and
Bradley fighting vehicle upgrades. Instead of the Army paying $3
million per Bradley upgrade, if done at the minimum economic order
quantity rate, the Army is paying $8 million per vehicle--2\1/2\ times
what we should be paying. Instead of paying $5 million for an M-1 tank
upgrade, the Army is paying $7.4 million a tank. Our $276 million
recommended increase would fund the economic order quantity for each
vehicle.
Finally, we seek to correct major last minute budget decisions by the
Pentagon that seemingly make no sense whatsoever. An example is the
alternate engine for the Joint Strike Fighter, the F-35. Congress has
supported a competitive engine strategy for that program for the past
ten years. The Pentagon proposes to terminate that program without
having done any substantive analysis. It was a last minute decision to
balance the books. We add back $408 million to maintain competition in
the F-35 engine development program. The Subcommittee believes engine
competition is an important ingredient in fielding an F-35 that is both
capable and affordable.
In closing, I again want to thank my distinguished chairman and
ranking members of the full committee and our subcommittee. This bill
is deserving of a ``yes'' vote from every Member of this body.
{time} 1415
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Ortiz).
Mr. ORTIZ. Mr. Chairman, I rise in support of this bill. I want to
thank Chairman Hunter and my ranking member, Mr. Skelton, for their
skills and leadership in addressing the military issues before us
today. This bill provides for the needs of our troops and their
families. I want to thank the staff also for their hard work and all
they have done to get this bill out and get it on the floor today.
One of the most important parts of this bill is the attention given
to the immediate readiness needs of our men and women in uniform. The
bill takes action in addressing shortfalls in operations, training and
maintenance, funding that the Department of Defense failed to address
in their budget submission. Over $850 million is moved into vital
functions, such as ship steaming days, pre-positioned stocks, depot
maintenance and training.
As the ranking member on the Readiness Subcommittee, I have worked
very closely with my good friend, Chairman Hefley, to address these
shortfalls while balancing the need for our military to transform
itself to maintain its standing as the world's premier fighting force.
We hate to see Chairman Hefley leave, who has done a great job and who
is retiring.
Thank you for your leadership and commitment in building housing for
the families and all you have done for our troops. We will never forget
what you have done.
Also leaving is another good friend that came to Congress with me,
Lane Evans, who did a heck of a job looking after the welfare of
veterans on this committee.
I thank again Chairman Hunter and Mr. Skelton for bringing us to
where we are today.
Vote for this bill.
Mr. HUNTER. Mr. Chairman, I yield 6 minutes to the gentleman from
Colorado, Joel Hefley, who has done remarkable work in this Readiness
Subcommittee, which controls such a big portion of the defense bill.
The gentleman is a great friend to everyone who wears a uniform and is
probably the best rodeo cowboy who has ever served in this House.
Mr. HEFLEY. Mr. Chairman, I thank you very much. I thank you, Mr.
Hunter, Mr. Skelton and Mr. Ortiz for the very kind words. You kind of
went over the top when you said I was the best rodeo cowboy. The truth
is I was and still am a rodeo cowboy, still enter some charity rodeos,
but if there has ever been a rodeo cowboy serving
[[Page H2372]]
in this body, I would say that he probably is better than I am. But I
appreciate the kind words and I appreciate your yielding me time.
The gentleman from California, our chairman, and the ranking member
as well, there is no one in this body that has more of a heart for the
soldiers, for the people who dedicate themselves to defending us, than
these two gentlemen do, and I think this is exemplified in the bill
that you have before you today.
I am very, very proud to endorse and support this bill, because it
meets the needs of the men and women in uniform while protecting our
national security, and I think we can be very proud of it.
I think also Mr. Weldon emphasized one thing that I think is
important as an example, Mr. Hunter, to our body here. So much of what
we do in this body is for political advantage, one party, the other
party, to get political advantage. This bill is truly a bipartisan
bill. When you have 61-1, for crying out loud, it means that we sat
down and tried to solve the problems that we solved. And we didn't
solve them as Democrats or Republicans; we solved them as Members of
Congress trying to do the right thing for our troops. I think we can be
proud of the bill from that standpoint as well.
The gentleman from Texas (Mr. Ortiz) and the other members of the
Readiness Subcommittee and I worked very closely to examine the
Department's funding for the military readiness, which includes $129.8
billion in operation and maintenance funds, as well as approximately
$16.7 billion for military construction and implementation of the 2005
base closure and realignment round.
The actions we took this year balanced the current operations and
maintenance needs of our Armed Forces with the need to transform our
military into the force of tomorrow. We looked at the readiness levels
of our military units, including the adequacy of training programs, the
maintenance of equipment in theater and the service's ability to reset
and recapitalize equipment that returns from war.
Our work led us to the conclusion that more needs to be done to
support our core readiness needs, and, therefore, the bill before us
today fully funds basic requirements such as ship operations, aircraft
flying hours and depot maintenance.
The bill also requires the Army and Navy to fund these critical
readiness requirements before embarking on costly modernization
programs. This requirement is significant as it will ensure that
transformation of the services does not come at the expense of today's
military readiness.
It is also worth noting that this bill provides more than $10 billion
for the construction of structures that range from child development
centers to critical readiness facilities. I have seen many of the
facilities where the servicemembers live and work, and I must say that
these funds are badly needed. It is our responsibility to ensure that
our servicemembers and their families live, work and play in modern and
well-maintained facilities and homes. To do anything else threatens our
Nation's ability to retain the best and the brightest people in the
ranks of our military.
Several years ago, we began to look at where our servicemembers live
and work, and in many cases it was third-world conditions, and we have
been whacking away at this over the years to try to provide a decent
place to live and work for everybody who wears the uniform.
Mr. Chairman, the bill before us is certainly worthy of our support,
and I urge my colleagues to join me in voting for it.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Hawaii (Mr. Abercrombie).
(Mr. ABERCROMBIE asked and was given permission to revise and extend
his remarks.)
Mr. ABERCROMBIE. Mr. Chairman, I thank Chairman Hunter and Mr.
Skelton for the opportunity. I stand here today in support of the bill
moving forward, but I have a caveat that I hope will be able to be
addressed before we come to a final conclusion.
As the chairman knows, my original opposition was to what has been
termed the ``bridge fund''; upon reconsideration, I have become a
strong advocate of it. For those not familiar with it, the bridge fund
is a legitimate methodology for the authorizing committee to deal with
the actual cost of deployments of our Armed Forces throughout the
world.
Presently, the bridge fund will deal only with approximately 6
months' worth of costs associated, expenditures associated, with these
deployments. As a result then we will have to take up yet another
supplemental budget, probably just after the first of the year, within
a month or so, and that will, in turn, find us dealing with other
requests, other emergencies, that will be included in this so-called
supplemental budget. It is not an emergency that we need funding for
for our deployments overseas, but rather an admission and an
acknowledgment of the true costs of these deployments overseas.
So, Mr. Chairman, I most certainly urge that we move the bill along
and, at the same time, then take up this question of being
straightforward and honest with the American people as to what the true
costs are of our deployments and to see to it that the military does
not have to cannibalize the existing budget and take us away from what
I consider 100 percent support of the troops 50 percent of the time.
I believe, even though I am in opposition to much of what is the
foundation for support, the irony in this is that those like myself who
did not support the effort in Iraq as undertaken and have serious
reservations about how the war is being conducted, the military action
is being conducted in Afghanistan, are actually being sustained in our
position; rather than finding support for those who originally were for
the war in Iraq or think that we are doing the right thing in
Afghanistan, that position is being undermined because we are not being
straightforward with people as to what the true costs are.
There is a case of unease in the American public, I think, with
regard to our present policies in Iraq and Afghanistan because we do
not have a straightforward, honest approach with the American people as
to what the costs are. I believe the American people will pay any costs
to protect our security if they feel that we are being honest and
straightforward about it.
We need to do that. We need to bring the bridge fund in our
authorization up to the actual cost, and not undermine the good work
that has been on this bill this year.
Mr. Chairman, as the ranking minority member of the Air and Land
Forces Subcommittee of the HASC, I am pleased to support H.R. 5122. I
also want to commend my chairman and partner on the Air and Land Forces
Subcommittee, Congressman Kurt Weldon, for his nonpartisan approach to
our subcommittee's portion' of this bill.
The procurement and research portions of this bill that the Air and
Land Forces Subcommittee oversees strikes an effective balance between
getting our troops the equipment they need, ensuring that the equipment
works, and ensuring that it is all acquired at a price the Nation can
afford. Striking this balance is always difficult, but given the
pressure on the DOD budget from the war in Iraq, this was an especially
challenging year. I am pleased to support the procurement and research
aspects of this bill as a good-government approach to making tough
decisions when funds are limited.
This bill is a significant improvement over the procurement and
research budget presented by the President in two critical ways. First,
it is a more straightforward document that lays out what the committee
decided the military's priorities should be, and what funding these
priorities will actually cost. Second, it shifts funding from programs
that are simply not working and moves those funds to programs that are
working and are delivering effective equipment to the troops in the
field today. With troops in combat the Congress has a non-negotiable
obligation to weigh in heavily on the side of immediate and near-term
needs of the military.
There are two programs that this bill takes some significant funding
away from, and I want to address the committee's reasoning on these
reductions, because they were both difficult decisions. The first is
the Army's Future Combat System, which this bill cuts by $325 million.
I want to be clear that this is not a move to punish the Army.
Everyone on this committee recognizes that the Army is carrying the
heaviest burden in the wars in Iraq and Afghanistan in terms lives lost
and dollars spent. Every member of this committee also wants to ensure
we have an Army that is ready today and prepared for the challenges of
the future. The
[[Page H2373]]
problem is that the Army simply has too many bills to pay and not
enough funding to cover all of them. Difficult choices had to be made.
The second program cut is to the VH-71 ``Presidential Helicopter''
program. This rather modest cut is based on the committee's concern
that this program is being pushed too fast and is taking test and
development risks that are clearly not appropriate and could be
outright dangerous. I want to make it absolutely clear that the goal of
this cut and some language in the bill is not to kill the program, or
even scale back its size. Instead, it is a reflection of this
committee's support for the principle of ``fly before you buy'' that
must be followed, especially for a helicopter the President of the
United States is going to fly in.
Given the demands of an ongoing war and the need to continue to buy
and develop new equipment, this bill strikes an appropriate balance
given the funding available.
Despite my support for the bill, I did want to caveat that support in
one important aspect: the lack of an authorization in this bill for the
full-year cost of the wars in Iraq and Afghanistan.
In each of the past two years, the Congress has put some of the
funding for the wars in Iraq and Afghanistan through the normal
authorization and appropriations process. The rest of the funding for
the year, however, has come through very large supplemental
appropriations bills that the Armed Services Committee has been unable
to oversee properly.
I have supported all of the Defense authorization and Defense
Appropriations bills done under our normal budget procedures since the
war in Iraq began. Putting the money in the normal budget would be
best, but the ``bridge fund'' mechanism in the legislation before us
today is arguably a reasonable middle ground between funding purely
through supplementals and the normal budget process. Chairman Hunter
deserves credit for coming up with this more honest approach.
This year, for whatever reason, the Administration only requested $50
billion in additional funding in FY 2007 for the wars in Iraq and
Afghanistan. This total is reflected in the bill as reported by the
committee. During committee consideration of this bill, I had an
amendment that sought to increase the amount of the bridge fund to $92
billion so that it would reflect the likely full-year cost of combat
operations overseas. Unfortunately this amendment was voted down by the
majority.
Having a more realistic full-year figure in this bill would have
improved this legislation's relevance and honesty. The troops overseas
and the American people deserve to know what our best estimate of the
cost of these wars will be in 2007.
Continuing to rely on massive supplemental, so-called ``emergency''
spending bills to pay for the war is both dishonest and fiscally
unsound. I believe that the American people are willing to sacrifice to
get the troops the funds they need, but instead of asking all Americans
to sacrifice we are instead using a budget shell game to hide the real
cost of the war. This shell game also allows massive tax cuts for the
wealthy during a war which we are borrowing money from other nations to
pay for. Funding the war in this manner is saddling our children and
grandchildren with a massive debt that they will have to payoff in the
future.
Overall, the bill before us today is a good bill, but choosing to
only authorize 6 months of funding for the troops in the field is like
saying to them that the Congress supports you 100 percent for 50
percent of the year. I do not think that is the message that the House
wants to send.
Mr. HUNTER. Mr. Chairman, the heart of this bill is the 2.5 million
Americans that wear the uniform of the United States, and the
subcommittee that oversees personnel issues and sets the pay raises and
does personnel policy is headed by the gentleman from New York (Mr.
McHugh). This is an enormous job, and he has done a great job. I yield
the gentleman 6 minutes.
Mr. McHUGH. Mr. Chairman, I thank the distinguished chairman for his
kind comments and for the very generous allocation of time. I also want
to thank my other colleagues who deferred to me to allow me to kind of
go out of order because of another appointment I have. Gracious, as
always.
Mr. Chairman, the chairman of the full committee is absolutely right.
We have the honor on this subcommittee to deal really with what I think
all of us believe are the very core issues of fielding any effective
military, and that is caring for the men and women who proudly wear
this uniform, of course, under our system voluntarily, and, equally
important, ensuring that the kinds of programs that are necessary to
take care of their loved ones, their families, as they deploy into such
dangerous places as Iraq, Afghanistan, and the literally hundreds of
other places across this planet in which our military and men and women
serve today, protecting our freedoms, find themselves.
This is, as we have heard here, as is reflective of the entire
committee, a truly bipartisan effort, and I want to thank, of course,
the chairman of the full committee, the gentleman from California, for
his amazing leadership in very, very difficult times; the support that
he has so graciously acknowledged, and rightfully so, from the ranking
member, the gentleman from Missouri, Ike Skelton; and on the Personnel
Subcommittee, for the support, for the leadership, for the guidance of
our ranking member, the gentleman from Arkansas, Dr. Snyder.
It is tough in this day and age, as others, including the gentleman
from Pennsylvania, have suggested, to put aside partisan politics at
all times in this Nation's Capital, particularly in this, an even-
numbered year. But if it is being done anywhere, it is being done most
successfully, perhaps not perfectly, but most successfully on this
Armed Services Committee, and I would argue, most strongly on this
Personnel Subcommittee.
The name ``personnel'' can confuse some folks. It doesn't send a very
clear message. But what we try to do is the best we possibly can,
within limited resources, to care for those folks who have done such an
amazing job.
We are all, very collectively, very proud of the fact that when
members of this committee come and talk about the achievements,
significant achievements, of this bill, they generally more often than
not talk about the provisions that first started in this Personnel
Subcommittee:
The pay increase, the eighth consecutive year that it exceeds the
general average pay increase in the Employment Cost Index, and the help
that that provides, closing the gap between the civilian and the
military sectors, down to a low now of 4 percent should this pay
increase proposal prevail;
The kinds of things we have done in trying to take the next logical
step towards controlling and keeping the cost of the military health
care system affordable, but not doing it in a way that immediately
inflicts what I would argue and I think my colleagues would agree is
unnecessary and excessive pain in terms of the hundreds of percent of
increase in copay and in enrollment fees and such through the TRICARE
program;
The efforts we have made, at great expense, by the way, to add to the
military end strength, recognizing that the demands we have placed upon
our men and women in uniform are so significant. And one of the
challenges we face is to ensure that there are sufficient numbers in
the military, in the uniform, to try to assure a better and reasonable
level of operations and personnel tempo, so folks who are coming home
from theaters like in Iraq and Afghanistan have time to recoup, have
time to unwind and spend time with their families.
{time} 1430
The only way that can be done is through a reasonable extension and
expansion of the numbers that we authorize in terms of putting men and
women into particularly the Army, the Guard, and, of course, the Marine
Corps as well.
Casualty assistance programs, recognizing that we are in a time of
war, that there are difficulties in terms of those programs, and we
have to ensure that the remains of military personnel who give their
all, their ultimate in times of combat or who die of noncombat-related
injuries in the theater of combat are moved and dedicated and brought
home by military-leased aircraft and are processed in a timely and a
humane and a respectful way, and on and on and on.
This is just a good bill from top to bottom. I would certainly, with
a sense of pride, suggest that the 61-1 vote I think clearly
illustrates that in the personnel sections this is a truly beneficial
and truly progressive bill.
Mr. Chairman, I would urge all of my colleagues to support it.
Mr. SKELTON. I yield such time as he may consume to the ranking
member of the Personnel Subcommittee, the gentleman from Arkansas (Mr.
Snyder).
Mr. SNYDER. Mr. Chairman, I want to acknowledge the work that the
[[Page H2374]]
ranking member has done on this bill, to work with Chairman Hunter,
also my Personnel Subcommittee chairman, Mr. McHugh, for the work that
he has done on this bill. He has given a good summary of the provisions
and our concern for our men and women in uniform and their families.
Mr. Chairman, you know, I hope while I rise today in support of this
bill, we certainly did have disagreements on the committee, and there
are Members who are not on the committee that want to have the
opportunity to present their ideas also.
We have approved one rule today that has made eight amendments in
order. I hope tonight when the Rules Committee meets that most of the
other amendments that have been requested will also be made in order.
It would be ironic if while we are supporting our men and women in
uniform fighting for democracy in Afghanistan and Iraq that the winds
of democracy would be denied on the House floor in the consideration of
the remainder of this bill tomorrow.
Mr. Chairman, what I wanted to do is just take a minute of time here
today and talk about a provision that is not in the bill. Chairman
Hunter has heard some of these discussions before. But I am one of
those, I think there are a fair number now, that believe that we really
need to do some work on the Montgomery GI bill.
And we have got some bureaucratic issues that we have to deal with
here in the Congress. The GI bill for veterans, those who are in the
active component, is handled by the Veterans' Committee. The GI bill
for the Reserve component, our Guard and Reserve force, is handled by
the Armed Services Committee, and because of that, the active component
benefit has had some inflationary increase through the years. We have
not done that same kind of thing on a comparable basis for the Reserve
component.
We also have a very unfair situation now where a person who is in the
Reserve component is activated, serves overseas in a war for 12 months
or longer, comes back and their enlistment contract ends. If they do
not reenlist and stay in the Guard or Reserve forces, they get no GI
bill benefits.
That is just terribly unfair. I say that as someone who many years
ago, when I was a young man, enlisted in Marine Corps for 2 years,
spent 12 months and 20 days in Vietnam, came back, was discharged from
the military and actually received, for my 21\1/2\ months of total
Marine Corps service 45 months in the GI bill.
Now, we just do not treat our Reserve component forces fairly. They
could have spent 18 months in a war zone, get out of the Reserve and
get no GI bill benefit. We need to work on that. Chairman McHugh has
committed himself to holding hearings on this issue. I know that
Chairman Buyer on the Veterans' Committee is very interested in this
issue. Somehow, Mr. Chairman, we have to get the sides together on this
and work through some of these issues. I appreciate your interest.
Mr. HUNTER. Mr. Chairman, the Strategic Forces Subcommittee is
extremely important to our country, and the gentleman from Alabama (Mr.
Everett) does a wonderful job of overseeing this very important
dimension of national security.
Mr. Chairman, I yield 6 minutes to the gentleman from Alabama (Mr.
Everett).
Mr. EVERETT. Mr. Chairman, I thank Chairman Hunter. I would also like
to say that under his leadership we certainly have produced one of the
most bipartisan bills in one of the areas that is most important to our
national defense, and I appreciate his leadership.
Mr. Chairman, I also appreciate Mr. Skelton, my friend who is ranking
member. And also let me say that we had an extremely bipartisan markup
in my subcommittee, and this subcommittee handles some of the most
controversial, contentious, complex issues in the defense industry. We
could not have had such a bipartisan markup had it not been for my good
friend from Texas (Mr. Reyes), who is my ranking member of that
subcommittee.
So it was an extremely good markup, and as we have seen now, that
markup was followed by the full committee markup where the bill passed
61-1.
I want to say a few things about the bill. The need for providing
support to ongoing operations in Iraq and the war on terrorism have
appropriately been the focus of much of the committee's work this year.
It is also important to examine our Nation's strategic posture and our
ability to maintain a strong national defense, capable of projecting a
powerful and diversified global force.
I am proud that our bill provides investments in the Nation's long-
term need for transforming the Nation's capabilities of our strategic
forces, and I am also proud that near-term benefits for our Armed
Forces deployed around the world protecting our Nation at home is
included in this bill.
In the Missile Defense Agency, the bill before you adds $140 million
to transition the Army's PAC-2 Patriot missile equipment to the PAC-3
configuration and funds upgrades to the Aegis ballistic defense system.
These recommendations shift funds from longer term and less well-
defined projects to near-term priorities.
In the area of military space, the bill makes adjustments to the
budget request to address concerns about whether space program funds
are executable in the year 2007. The bill also includes a provision to
establish a Department of Defense Office of Operational Responsive
Space to focus and advance the Nation's ability to provide on-demand
space capabilities to global military operations.
Within the atomic energy defense activities, the bill funds the
Department of Energy programs at the budget request. The bill also
includes a provision that requires the Secretary of Energy and the
Secretary of Defense to submit to Congress a plan for the
transformation of the nuclear weapons complex and authorizes funds for
infrastructure upgrades.
In addition, Mr. Chairman, this is a problem that I frankly had
gotten tired of seeing come before the subcommittee, and that is the
Mixed Oxide, or MOX, fuel fabrication facilities and the agreements
that we were trying to have with the Russians. The mark includes
information that would uphold the nonproliferation objectives of the
committee to begin disposition of weapons grade plutonium in the U.S.
The problem is that we do not see any movement among the Russians. For
a couple of years now we have been faced with this. I have become
frankly a little tired of seeing it come before the Congress when we
have seen no movement from the Russians to do away with their plutonium
nor to reach any agreement with us to do so.
So an amendment was offered by Mr. Wilson. I asked the staff to look
at a way that we can do this. There is an amendment offered by Mr.
Wilson to delink the U.S. disposition of its plutonium from that of the
Russians. That is also included in the mark.
The bill also adds $40 million to other nuclear nonproliferation
programs and $50 million to environmental cleanup activities.
Mr. Chairman, the committee's report addresses administrative
objectives, unfunded military requirements, and Member priorities. This
is a good bill, as I said earlier. We simply could not have gotten this
bill through the committee without the strong help from my good friend,
Mr. Reyes from Texas, and also from the members of the committee, both
the minority members and the majority members, who really worked hard,
as I said, on some of the most complex, controversial issues that are
included in the entire defense bill.
So I would ask Members to take a strong look at this bill. Much like
the subcommittee, it passed out of the full committee on a 61-1 vote.
It is a bipartisan bill.
Finally, let me just simply say that much of this was achieved by the
extremely hard work in my subcommittee by both staffs on the minority
and the majority side.
I urge this bill to be passed. It is a very good bill.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Chairman, I appreciate the gentleman's courtesy
in permitting me to speak on this.
Mr. Chairman, I rise to thank Chairman Hunter and Ranking Member
Skelton for the real progress that this legislation represents for our
men and women in uniform.
I think this is truly landmark legislation in this regard. I also
deeply appreciate the work of the committee
[[Page H2375]]
leadership in working with me to include section 311 to improve the
management of our unexploded ordnance and munition response programs.
This is going to pay dividends for our troops here at home.
In the long run it is going to save money for the taxpayers, and the
more progress we make here we are going to develop technology and
techniques that are going to make people safer around the world.
I do want to share a troubling story that came forth in my community
this weekend of military recruitment abuse, a problem that frankly I
thought was behind us.
An 18-year-old autistic high school student who, despite a clear
disability, was recruited into the Army, in the calvary as a scout,
despite the strong objection of his parents and in apparent violation
of military rules.
After news media attention and our office intervened, the Army has
recently back-pedaled. But this is an outrageous situation. I have
heard from numerous sources that this young man was not even aware that
we were fighting in Iraq when he was being recruited in and signed a
contract to serve in the Army.
The evidence strongly suggests that the recruiters purposefully
withheld information about his disability in order to circumvent the
rules. This does not appear to be an isolated incident. Pentagon
statistics show accusations of recruitment abuses are at record levels.
I have called upon the Secretary of Defense for an investigation at
least in this situation, because we need to get to the bottom of it,
and it is likely not just one isolated case around the country. To be
the finest fighting force in the world, we must continue to demand the
most rigorous standards of conduct at all ranks of the military,
including recruiting.
Mr. Chairman, I hope that the Armed Services Committee will work with
me as this bill moves forward to make sure that safeguards are in place
to make sure what happened to this young student never happens again
and, most important, to make sure the integrity of the people he would
serve with are protected as well.
Thank you for your courtesy.
Mr. HUNTER. Mr. Chairman, I yield 4 minutes to the gentleman from
Maryland (Mr. Bartlett), who heads the Projection Forces Subcommittee,
which oversees the construction of the platforms and our ships and our
bomber forces and our airlift that projects American power around the
world.
(Mr. BARTLETT of Maryland asked and was given permission to revise
and extend his remarks.)
Mr. BARTLETT of Maryland. Mr. Chairman, I rise in strong support of
H.R. 5122, a truly bipartisan bill that supports our troops.
As chairman of the Subcommittee on Projection Forces, I want to
recognize the outstanding service rendered to our great Nation by our
men and women in uniform around the globe here, meeting every challenge
with true dedication and professionalism.
I also want to thank all Americans, especially the families of the
deployed service members, for their unwavering support of our
servicemen and women.
{time} 1445
I want to thank the gentleman from Mississippi (Mr. Taylor), ranking
member of the Projection Forces Subcommittee, for his extraordinary
partnership and support in completing this bill.
Thank you, sir, so very much. I express my sincere gratitude to all
of my colleagues and staff on the subcommittee for their diligence,
commitment and hard work. Further, I would like to recognize our
chairman, Mr. Hunter, and ranking member, Mr. Skelton, for their
continued exemplary leadership in bringing this year's National Defense
Authorization Act to the floor with unwavering bipartisanship and clear
focus to providing our military what it needs to accomplish its
mission.
I am pleased to report that the National Defense Authorization Act
that we consider today takes bold steps to ensure our Nation's
continued ability to safeguard our national interests and, when
necessary, project U.S. military power around the globe.
We have taken action to provide our troops with the capabilities they
need to meet current and emerging threats. But we also have taken
precautions to ensure that current capabilities are not permanently or
prematurely retired to fund future replacement capabilities that are
either undefined or unaffordable.
Some of the Projection Forces highlights in this bill include: a
program to infuse our shipyards with leading-edge manufacturing
technology and management systems to reduce shipbuilding costs and
return our shipyards to global competitiveness; legislative provisions
that will improve the Navy's ability to execute the 313-ship plan
envisioned by the Chief of Naval Operations by setting cost limitations
at Navy budget estimates for the LHA(R), CVN-21 and LPD-17 programs;
force structure initiatives that set a minimum requirement for 48
attack submarines and 299 strategic airlift aircraft and limited
retirements of KC-135E and B-52 aircraft; 400 million in advance
procurement funds to begin construction of a second Virginia class
submarine in fiscal year 2009; $300 million to procure three additional
C-17 aircraft; and $200 million to accelerate the DDG-51 destroyer
modernization program by 2 years.
While there is much more to do, the National Defense Authorization
Act for fiscal year 2007 is an important step in strengthening the
Armed Forces of the United States. I urge all of my colleagues to
support this bill.
Mr. SKELTON. Mr. Chairman, I yield 7 minutes to the gentlewoman from
Georgia (Ms. McKinney), a member of the subcommittee.
Ms. McKINNEY. Mr. Chairman, I anticipate today that mine will be one
of the few votes against this bill, just as I cast the only dissenting
vote on the bill in committee. I have submitted a thoroughgoing written
statement of the reasons for my dissent.
President Theodore Roosevelt said, ``To announce that there must be
no criticism of the President, or that we are to stand by the President
right or wrong, is not only unpatriotic and servile, but is morally
treasonable to the American public.''
The American public are expressing their criticism of our President
and his war in opinion polls showing the President's approval rating is
the lowest it has been during his tenure. But Congress continues to
march in step with the President's war plans. The wars and military
operations we are funding through this defense authorization act are
based on a simple use of force authorization passed by this Congress in
October of 2001, which was to have been linked to the provisions of the
War Powers Act of 1973. Thus, it is Congress that paved the way for the
disastrous war in Iraq, and Congress must accept that it too bears
responsibility for this war.
No regular review of that authorization has taken place, which has
been cited by the President to justify preemptive war, the creation of
a dual legal system, military tribunals, imprisoning enemy combatants
without due process, the abandonment of the Geneva Accords and U.N.
principles relating to war, extralegal secret renditions involving
illegal methods of interrogation, including torture, expanded secrecy
and attacks on civil liberties at home.
Calls from the executive for ending the principle of separating
military and civilian policing by rescinding the Posse Comitatus Act of
1878 should send a chill to all who value civil liberties. We are quick
to honor our young men and women in uniform with words and medals, but
do we honor them where it really counts, in the pocketbook? In the
hospitals for amputees and third-degree burns? We must do a better job
of representing the American people and our people in uniform.
Unchecked fraudulent recruitment, failed retention, violation of
rights and regulations, stop-loss policies and over-rotation, lack of
adequate protection for combat troops, protection of rights of
conscience, diminished medical care for troops and their families,
decreases in veterans benefits, environmental damage done by the
manufacture, storage and use of military weapons, falsified benefits
and bonuses, and privatization of functions all remain inadequately
addressed by the passage of this bill, and in some cases, they are
worsened.
[[Page H2376]]
By passing this bill virtually without dissent, the Congress is
effectively legitimizing these unprecedented actions of the executive.
As we enter a fourth year of war in Iraq, the level of violence in
Iraq continues unabated. It is higher than it has been at any time
since the U.S.-led invasion of March 2003. As we enter a fifth year in
Afghanistan, there is renewed violence and the specter of another
drawn-out war. Meanwhile, our military budget continues to grow to
unprecedented levels along with the deficits it is creating.
We now have a larger and more lethal military force and a more
expanded intelligence budget and consolidation than we did at the
height of the Cold War. That threat has receded, but the threat of
unconsolidated and ill-equipped terrorist groups has been used to
expand the funding of huge corporate contracts for weapons and war
while denying the human suffering and needs that face us.
According to Pentagon figures, we are spending $9 billion a month to
wage wars in Iraq and Afghanistan. That comes to $300 million a day,
$12.5 million an hour, over $200,000 a minute, and $3,500 a second.
After the Second World War, President Truman set up a commission to
investigate war profiteering and the government asked that corporations
plow their war profits back into social programs to help rebuild the
postwar economy. But today, corporations are profiting from war and its
related military activities as never before, with a green light from
the White House to proceed, despite massive abuse, waste and
corruption.
Our current military budget is larger than the budgets of every other
major country in the world combined, both allies and perceived enemies.
Our nuclear arsenal and other weapons systems are maintained and
defended, while new systems with questionable utility are designed and
promoted each year.
It is time for these wars to end and for alternative military budgets
that reduce the waste on flawed weapons systems to be considered by
this Congress. More diplomacy, less Pentagon waste on little or nonused
weapons systems; less support for corrupt regimes in the developing
world; more support for the judiciary and law-abiding regimes that
respect human rights; and most of all, a global plan to eliminate
poverty.
Those who commit acts of terrorism may not themselves be motivated by
poverty, but they are able to thrive where they can exploit the hopes
and dreams of the poor and the oppressed. As many have said, terrorism
is a tactic, not an enemy. The victory over terrorism will not come
through war, but through peace and prosperity.
Mr. HUNTER. Mr. Chairman, from the mountains of Afghanistan to the
desert country of Iraq to the jungles of many hemispheres, Special
Operations and Special Forces personnel in the U.S. military are
cognizant of an individual in this House who works for them night and
day, and that is Jim Saxton, who is the chairman of the Terrorism and
Special Operations Subcommittee, and I want to recognize the gentleman
for 4 minutes.
Mr. SAXTON. Mr. Chairman, I want to thank my great friend, Chairman
Hunter, for yielding me time and for those very kind words.
Mr. Chairman, I rise in strong support of H.R. 5122, the National
Defense Authorization Act for the Fiscal Year 2007. Last week, the
Committee on Armed Services approved this bill by an overwhelming
bipartisan vote which was, as has been said here before, 60-1. It is
not that we do not have policy disagreements, but when it comes to the
final vote on a great bill that supports the troops, Members of both
parties come together and vote in a resounding, positive way.
Our committee well knows that we are a Nation at war, and that the
brave young men and women of America who have volunteered for military
service are in danger every day in Afghanistan and Iraq and in other
places in the world. Those infantrymen who venture from the base and
patrol the street are truly valorous, but all of those who are in the
line of fire and even in the most secure bases, they take an occasional
mortar or rocket attack. And for risking themselves in this way, this
country says, ``Thank you.''
Yet, we are making progress. I was privileged just a few short weeks
ago to be on the floor of the fledgling Iraqi Parliament as the
government was formed. They have a long way to go. But as a veteran
legislator myself, it definitely had the feel of a legitimate and
promising legislative body.
As matters in Iraq progress, we have taken measures to ensure that
our broader efforts in the war on terrorism are improved and
reinforced. To that end, we have begun to explore ways to improve
interagency coordination process and included several items to improve
the capabilities of the Special Operations Command.
We included two legislative measures to improve Pentagon processes.
One would provide for more effective test and evaluation procedures,
bringing them into synch with the rapid acquisition authorities which
have already been provided to DOD; and the other would speed the
development of information technology systems, putting a 5-year limit
on the development of new business systems.
We continue our successful initiative of last year to develop novel
chemical and biological countermeasures, and have supported programs
for the equally important medical research and development programs.
We continue our scrutiny of the Department's information technology
programs, though not as severely as in past years. In fact, our
recommended reductions are barely 1 percent of the requested $31
billion in IT budget requests.
The bill recommended by the committee recognizes that we remain a
Nation at war, but builds upon our capability to fight a more
protracted, global war against unseen adversaries, the difficult-to-
pinpoint, but nonetheless deadly and real, war against the small number
of truly evil terrorists who wish to cripple Western Civilization.
We do not like to think about it, but this war came upon us on
September 11 and will come to us again if we do not persevere. The
enemy is clever, growing desperate, and must be taken seriously by the
American people. This bill will help our soldiers keep the enemy on the
defensive.
In closing, Mr. Chairman, I want to express my appreciation to the
members of the Terrorism Subcommittee who contributed to this bill, and
particularly the ranking member, Mr. Meehan. This is an excellent bill,
and I urge all Members to vote ``yes'' on H.R. 5122.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas (Mr. Reyes).
Mr. REYES. Mr. Chairman, I thank the gentleman from Missouri and
congratulate him on his award that we announced on the floor yesterday.
Mr. Chairman, as the ranking member of the Strategic Forces
Subcommittee, I rise in strong support of this bill and want to thank
our chairman, Mr. Hunter, and ranking member, Mr. Skelton.
The Strategic Forces Subcommittee has jurisdiction over several
complex and contentious issues, including ballistic missile defense and
nuclear weapons. I want to recognize and thank our subcommittee
chairman and my good friend from Alabama, Mr. Everett, for his
leadership and all the effort that he puts into making this a truly
bipartisan bill. I also want to thank the staff on both sides of the
aisle for the truly great job they do and the tremendous work that goes
into a bipartisan bill like this.
Sometimes we do not see eye to eye on every single matter, but I am
pleased to report that this subcommittee reached bipartisan accord on
several major issues.
In the short time that I have, I want to highlight three areas of
bipartisan agreement: ballistic missile defense, conventional global
strike capability, and operationally responsive space.
H.R. 5122 redistricts missile defense funding from longer-range
programs, such as a multiple-kill vehicle, to near-term needs, such as
buying upgrades for the Patriot and Aegis interceptors that can protect
our servicemembers and allies today.
{time} 1500
While we might disagree about whether further adjustments or
reductions are possible from within the $10.4 billion for missile
defense programs, I commend the subcommittee chairman
[[Page H2377]]
for this good-faith effort and great work on this bipartisan agreement.
This bill clearly reflects a bipartisan desire to obtain effective
missile defense capabilities aimed at defeating real threats.
The bill also slows down development of an advanced global strike
capability using the Trident missile in a conventional capacity. While
not precluding development of this capability, the subcommittee has
concerns that basing a conventional Trident missile on a traditionally
nuclear platform could lead to misinterpretation by both our friends
and potential adversaries of a launch of a conventional missile. There
are real strategic implications of pursuing this capability. We must
ensure that we have done all we can to avoid the potential for conflict
escalation through misinterpretation.
Finally, the bill as reported contains a $20 million add for
operationally responsive space to encourage the Pentagon to pay more
attention to the potential of smaller and less expensive satellites
that might complement or supplement current expensive satellite systems
designed for both military and intelligence purposes. We cannot expect
small satellites to meet all mission requirements, but we need a more
robust, focused effort to seriously explore their potential given the
spiraling acquisition costs of our major satellite programs.
Mr. Chairman, there are differences in the way we approach some of
these issues, but as we have seen this afternoon everyone gets an
opportunity to express their views. Time does not permit me to describe
in detail the rest of our subcommittee's mark and important issues, but
I again want to thank our chairman, Mr. Everett, for his bipartisan
leadership, our chairman of the committee and ranking member, and I
commend this bill to my colleagues and hope that everyone will support
this.
Mr. HUNTER. Mr. Chairman, I might add the gentleman who just spoke,
the gentleman from Texas, has been to the warfighting theaters more
than any other Member of either body in this Congress and we appreciate
his great efforts.
Mr. Chairman, I yield 4 minutes to the gentleman from South Carolina
(Mr. Wilson), who took the place of the great Floyd Spence, former
chairman of this committee, and nobody has devoted more in terms of
their personal effort toward national security or, in Mr. Wilson's
case, more of their family members. The Wilson family wears the uniform
of the United States.
Mr. WILSON of South Carolina. Mr. Chairman, thank you, and I
appreciate your leadership and the cooperation of Ranking Member Ike
Skelton for developing the Defense Authorization Act. I am grateful
that both of you have had family members as service members overseas in
the global war on terrorism.
My support of this bill is as a Member of Congress, very proud to
represent Fort Jackson, the Marine Air Station at Beaufort, Parris
Island, the Beaufort Naval Hospital.
Additionally, I am very grateful to have a background as a veteran of
the National Guard for 30 years, but I am particularly proud, as the
chairman has referenced, that in August my fourth son will be serving
in the military of the United States. So our family is very, very proud
of what the military means in protecting American families.
Mr. Speaker, in 2000, leaders from Russia and the United States
announced a strategic agreement designed to dispose of tons of surplus
weapons grade plutonium by turning it into mixed oxide, MOX, fuel for
use in existing commercial nuclear reactors.
After this agreement was announced, the Savannah River Site near
Aiken, South Carolina, which is located in the district I represent and
Representative Gresham Barrett, was chosen to fulfill the U.S. side of
this important mission. Throughout the past 6 years, our country has
demonstrated that we are ready to move forward with our part of the
nonproliferation agreement.
Last week, my colleagues on the committee, with the leadership of
Chairman Terry Everett, supported the amendment to delink the U.S. and
Russia MOX programs to ensure that the pace of the Russia MOX program
will not dictate the progress of the U.S. MOX program. Described by CQ
Today as perhaps the most significant amendment adopted at Wednesday's
markup, this provision enables SRS to immediately begin construction of
a MOX facility. We remain confident that our progress will encourage
Russia to proceed with the same momentum.
In addition to fulfilling our agreements to nuclear nonproliferation,
this crucial piece of legislation will help create hundreds of jobs in
South Carolina and Georgia. By passing the National Defense
Authorization Act, Congress will continue to lead the effort to reduce
our excess plutonium supply. I urge my colleagues to support passage.
In conclusion, God bless our troops, and we will never forget
September 11.
Mr. SKELTON. Mr. Chairman, I yield 4 minutes to the gentleman from
South Carolina (Mr. Spratt).
Mr. SPRATT. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, on the whole this is a good bill. I commend the ranking
member and the chairman for the excellent work they have put into it,
and I intend to support it.
This bill gives strong support to our troops in the field by
continuing to give them the equipment they need and the compensation
they deserve. In particular, due to an amendment that I offered, it
provides for the waiver of premiums for those soldiers in combat, Iraq
or Afghanistan, on $400,000 of Servicemen's Group Life Insurance, the
maximum amount available to our troops, so that all of our troops in
combat can take full advantage of what is available without being
concerned about the cost. We put them there. The least we can do for
them and their families is give them the security of more life
insurance. This bill, I am happy to say, does just that.
On an issue closer to my domain, this bill adds $30 million to the
cost of cleaning up some of the most radioactive waste in the country
precariously stored in 51 steel tanks at the Savannah River Site in
South Carolina. It also contains provisions that will allow work to
begin on a facility to fabricate 34 tons of weapons grade plutonium
into mixed oxide fuel.
In 2002, as a result of agreements with Russia, South Carolina agreed
to accept 34 metric tons of plutonium at Savannah River Site to be
fabricated into MOX fuel and burned in light water reactors. Russia
agreed likewise to dispose of 34 tons of plutonium with a similar MOX
fuel plant.
For 4 or 5 years, this agreement to move in parallel tracks was
awaiting the outcome of disagreements and discussions of the liability
for the plant. These were finally resolved last year only to find out
that these were not Russia's only concerns, and now they have indicated
a reluctance to pursue the parallel track of building a MOX fuel plant.
So this bill provides that South Carolina can proceed on its own on a
separate track, subject to DOE's agreement of course, and subject to
several conditions which have been imposed by the bill. One is that DOE
certifies to us that they are still convinced that this is the best way
to dispose of weapons grade plutonium. Secondly, DOE will have to
indicate to us in a report that they have made adjustments and
addressed the criticisms of this particular project, particularly its
cost escalation, that were mentioned by the IG the last time they took
a look at the project. Thirdly, we ask for a report on the disposition
of off-spec plutonium, plutonium that cannot be processed into MOX
fuel.
These provisions are important for South Carolina, but they also are
important for our national security and nonproliferation and for the
workers that will build and operate the MOX fuel plant.
Mr. Speaker, the Department of Energy has an important program called
Megaports, which is to help foreign countries install radiation
detection equipment so that we can interdict radioactive material in
cargoes headed for the U.S. before they reach our shores. For some
reason, the administration this year cut the program by $33 million.
Many of us have argued for some time that we need to do a lot more to
protect our ports.
This bill recognizes the gravity of that problem by authorizing an
additional $15 million for the purchase of radiation detectors. By
helping foreign countries bolster port and border detection, we help
ourselves.
The bill contains one other notable provision on nuclear
nonproliferation.
[[Page H2378]]
The Global Threat Reduction Initiative is a comprehensive initiative to
secure and remove high risk nuclear materials, many times in insecure
places, from around the world, typically in research reactors. By
working with the committee, we have been able to increase the GTRI
budget by $20 million over the President's budget and allow the
Department of Energy an additional $30 million of previously
appropriated but as yet unobligated funds. This amounts to an almost 50
percent increase in funds available for this important program.
Lastly, Mr. Chairman, this bill contains important language which
restricts spending on space-based missile defense interceptors. We now
have five ballistic missile interceptor systems in various phases of
development. I think it is important that we stick to our plan, that we
keep focusing this system and that we bring further along these five
systems before we start up another, particularly one with the
complications that the space-based interceptor will entail.
All things considered, it is a good bill. I intend to support it. I
commend those who have crafted it and helped bring it to the floor.
Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from
Kentucky (Mr. Davis), who brought his experience as an officer of the
82nd Airborne to the Armed Services Committee.
Mr. DAVIS of Kentucky. Mr. Chairman, I also thank the chairman. It is
a privilege to serve on a committee chaired by a fellow Army Ranger.
Today, I rise in strong support of H.R. 5122 and to speak about a
matter of importance to our men and women who serve in the Reserve
component, in the National Guard and our Armed Forces. As a former
enlisted soldier, West Point graduate and 11-year veteran of active
duty, and serving a number of years in Reserve, this is an important
issue and one of particular interest and concern to me.
The bill which we are considering today includes an important
provision that will for the first time establish equity in the
computation of retired disability pay for all servicemembers,
regardless of whether they were serving in the active military, Reserve
or National Guard.
I thank Chairman Hunter and Personnel Subcommittee Chairman McHugh
for their support of my amendment in committee which ensured inclusion
of this vital amendment in today's legislation.
Earlier this year on one of my trips to Walter Reed Hospital, I
visited a severely wounded member of the Kentucky Army National Guard
from my district, Sergeant Carlos Farler of Tollesboro, Kentucky. I was
stunned in talking with this great American, whose home is not far from
mine, as he told me that his disability pay would be computed at a
different level for Reservists and for Guardsmen than it is for active
servicemembers who have the same wounds from the same battle.
After meeting Sergeant Farler, I researched how military disability
and retirement pay is computed. I learned that this computation is
often based on the years of service. Under current law, a Reservist
gets credit only for the time he actually spends in uniform. For
example, a soldier who has spent 13 years in the Kentucky National
Guard may have only 4 years of service when his or her duty days are
added up. With a 30 percent disability this soldier gets about 8
percent less disability retirement pay than their regular Army
counterpart.
In other words, two personnel with identical disabilities, incurred
in the same Iraqi fire fight, will end up with a different disability
retirement benefit with the citizen soldier coming up short. A lifetime
difference of 8 percent in disability pay can have a significant impact
on a retiree's standard of living.
The amendment which I offered and which was accepted in committee
will change the law so that the actual number of years spent in the
Reserves will be used. Any servicemember who earns the Purple Heart for
being wounded in action and who was medically retired as a result of
that action will be entitled to the same compensation for his or her
disability retirement pay as somebody serving in the regular military.
A bullet does not discriminate between an active and Reserve
servicemember and neither should we. Now is the time to correct this
long-standing inequity. With passage of today's bill, we will do so.
In closing, I thank Sergeant Farler for bringing this inequity to my
attention and for his service to our Nation, and also, more
importantly, to his fellow veterans in the Guard and Reserve, and again
I thank Chairman Hunter, Ranking Member Skelton, Chairman McHugh for
their support of this important provision to do right by America's
soldiers, sailors, airmen and marines, truly making the regular Reserve
and Guard forces one force to defend this Nation.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentleman from
Mississippi (Mr. Taylor).
Mr. TAYLOR of Mississippi. Mr. Chairman, I rise in support of this
bill. I want to commend all of my colleagues. In particular, I want to
commend a former colleague, Congressman Sonny Montgomery, who is under
the weather, who is probably watching, and we want him to know that all
of us are thinking of him, and in this bill, in particular, I think
Congressman Montgomery after his years of avidly serving the National
Guard would be very pleased to know that a provision in this bill will
extend to our Guardsmen and Reservists the exact same TRICARE benefits
that are extended to the regular force. It is long overdue and I want
to thank the chairman of the subcommittee, Chairman McHugh, and all the
other people who helped make this happen.
I also want to mention on the TRICARE for retirees that there will be
no increase in their copays. That is an issue of great importance to
the people who have already served us. Great people and great nations
keep their word, and we need to keep our word to them to keep their
premiums low.
I would also like to commend my colleague Joel Hefley. We are going
to miss him very much. He has been a very honorable Member of this
body. I think the committee did the right thing in naming the housing
complex off of Fort Carson after him. He is going to be missed greatly.
Mr. Chairman, a couple of things in the limited time I have left that
I would ask you to consider for the remaining time on this bill. First
is the amendment by the gentleman from Virginia (Mr. Tom Davis) that
would elevate the Chief of the National Guard Bureau to Joint Chiefs of
Staff. There are over 400,000 National Guardsmen, and the events of the
hurricane in south Mississippi last fall really convinced me that
should there be an attack on the American homeland it is going to look
a lot like Hurricane Katrina.
{time} 1315
You are going to have a lack of electricity, food and water, no place
even to put the bodies of the dead, and the National Guard did a
magnificent job in responding to that. They will in all probability do
a magnificent job should there be a terrorist event in this country.
But the person who should be at the table with the President in the
event of that is the Chief of the National Guard. I would ask that the
Members of this body be given an opportunity to vote on the Davis
amendment.
Second is an amendment of my own that would provide that 100 percent
of the wheeled vehicles in the Iraq and Afghanistan theaters that leave
a base have an IED jammer. I voted to send those young men and women
over there. We are now in the third year of this conflict. Well over
half of all of the casualties, well over half of all deaths are caused
by IEDs. Just as the Department early on did not think it was necessary
for every soldier to have body armor, or every vehicle to be up-
armored, I think the Department has been slow in seeing to it that
every vehicle has an IED jammer. I would ask for a vote on that
amendment. I think it is important.
I do not think any of us want to go to a funeral and tell the moms
and dads that we are visiting that their son, their daughter, husband,
brother happened to be in the last vehicle in Iraq that we failed to
put a jammer on.
We are going to spend $10 billion this year on missile defense. We
have not been attacked by a missile. Thousands
[[Page H2379]]
of young Americans have died in Iraq. Half of those young Americans
died as a result of IEDs. It is, unfortunately, the weapon of choice
and, unfortunately, a very efficient weapon that our enemy is using. We
need to take that weapon away from them, and the IED jammers can
contribute to that. I ask for an opportunity for a vote on that
amendment. It is in the best interest of our troops.
Again, this is a good bill and I encourage my colleagues to vote for
it.
Mr. HUNTER. Mr. Chairman, I want to thank the gentleman who just
spoke. I share his focus on IEDs, and we will work together.
Mr. Chairman, I yield 4 minutes to the gentleman from North Carolina
(Mr. Hayes), who represents so many great people in uniform in North
Carolina and has spent so much time working for their quality of life
and for their effectiveness on the battlefield, and also for all of the
people who work in the defense industry so we can make sure when the
American taxpayer pays for defense items, since we defend the free
world, that those items are made by Americans and represent American
jobs.
Mr. HAYES. Mr. Chairman, I thank Chairman Hunter and I thank the
minority member, Mr. Skelton, for a truly outstanding piece of
bipartisan work. This is all about the men and women in uniform. It
reflects the commitment, the dedication, the timing and the absolute
perseverance of two fine leaders in our committee in wholeheartedly
supporting the incredible effort that our men and women in uniform are
putting forward in winning the war on terrorism. I thank them for their
hard work and support and their unanimous approval of this bill.
I am very proud to have Fort Bragg, the epicenter of the universe,
home of Joint Special Operations Command, in my home district.
As we are all aware, Special Operations Forces, SOF, are playing an
increasingly essential role as we continue to fight and, more
importantly, win the war on terror. Due to their importance in winning
this fight, the 2006 Quadrennial Defense Review called for a 15 percent
increase in Special Operations Forces beginning in fiscal year 2007.
This would increase Army Special Forces battalions by one-third, raise
SEAL team manning, and grow Civil Affairs and Psychological Operations.
Some of the very best ways to begin growing the SOF force is to
retain those highly trained individuals already serving under Special
Operations and attract like-minded warriors to the command. That is why
my provision requiring a DOD study on improving retention of special
operators is so essential.
I would again like to thank Chairman Hunter and Chairman Saxton of
our subcommittee for their support and for working with me on this, and
supporting me by including it in the manager's amendment.
The report will give us better data on the cost and investment that
goes into training and maintaining a special operator. It will include
cost of training and how much has been invested in the average SOF
operator after two deployments. It will also speak financially to the
special operators who have accumulated over 48 months of hostile fire
pay and the percentage who have accumulated over 60.
I will soon introduce a bill to provide a new retention incentive for
Special Forces soldiers, and look forward to continuing to work with
Chairman Hunter and my colleagues on this critical national security
issue.
As we look towards the future, winning the war on terror, securing
the freedom for America and other like-minded folks around the world, I
want to emphasize this is about every man and woman in uniform whom we
are so proud of and appreciate for their service, and for their
families' support, and we will continue to say prayers for their
continued safety and success.
As we look forward to freedom, the shining city on the hill and the
best days of America lying ahead, it is the men and women in uniform
who protect, defend and make us proud to whom we should look and give
thanks every night.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Colorado (Mr. Udall).
Mr. UDALL of Colorado. Mr. Chairman, I rise in support of this bill.
As a relatively new member of the Armed Services Committee, I am
grateful to the ranking member, Mr. Skelton, and Chairman Hunter for
working with me on parts of the bill that are particularly important
for Colorado, including report language about the importance of the
High Altitude Army Aviation Training Site, which is located in Eagle,
Colorado, and its need for enough aircraft to fulfill its mission.
I am also grateful for the chairman's support of a provision to name
a housing facility at Fort Carson, Colorado, in honor of Mr. Hefley,
who as my colleagues know is retiring this year. During his 20 years of
representing Colorado's Fifth District, Mr. Hefley has served with
integrity and honor, and he has been a fair and effective lawmaker. I
have learned a great deal from Mr. Hefley in my years in Congress, and
along with everyone else here, I will miss him.
I am also pleased with many other provisions in the bill, including
the extension of TRICARE coverage to all Reservists, the blocking of
the proposed plan to raise certain TRICARE fees, the authorization of
additional active duty Army and Army National Guard personnel, added
funds for up-armored Humvees and IED jammers, and the 2.7 percent pay
increase for military personnel, among other provisions.
I hope that the Rules Committee will allow debate on many important
amendments not made in order in today's rule, including one I proposed
that will bring us further towards our goal of energy independence, and
therefore national security.
In conclusion, I think this is a good bill, a carefully drafted and
bipartisan bill, and I urge its support.
Mr. HUNTER. Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California (Ms. Loretta Sanchez).
Ms. LORETTA SANCHEZ of California. Mr. Chairman, I thank the ranking
member for yielding me this time. I would like to thank all of my
colleagues on the committee and the committee staff for their hard work
on what I believe is a very good bill.
In particular, I would like to thank our Personnel Subcommittee
chairman, Mr. McHugh, for working with me this year on several issues
pertaining to sexual assault and harassment of military women, and
Chairman Everett of the Strategic Forces Subcommittee for his
cooperation in ensuring that we do not put technology ahead of policy
in the realm of military space.
I am also very happy to report that this bill includes language to
strengthen congressional oversight of detainees issues, particularly
with regards to the issue of command responsibility. The Department of
Defense wants to say that they are holding people accountable whenever
detainee abuse occurs, but where does the ultimate responsibility lie?
A full 95 percent of the courts martial cases of detainee abuse
involve the enlisted personnel. As of last month, only five officers
had been criminally charged in connection with abuse cases, none of
them above the rank of major, and I do not believe that that is command
responsibility. It is clear that this committee and this Congress take
the issue of detainee abuse seriously, but we cannot fool ourselves
into thinking the problem is solved until this issue of command
accountability has been effectively addressed.
Our work on detainee issues is far from over, but the language in
this bill is definitely a step in the right direction.
The budget we received from the Department of Defense this year had
many major flaws, misguided increases and out-of-pocket health care
costs, severe cuts to National Guard funding, and other budgetary shell
games that have sacrificed the well-being of our servicemembers to
avoid the pain of cutting big ticket items, but this committee came
together in a very bipartisan way to address these problems and we
ended up with a bill that we are proud of. It is not a perfect bill and
I hope that the next rule will allow for my colleagues' amendments that
will make this bill even better.
Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the gentleman from
Georgia (Mr. Gingrey), a former member of the Armed Services Committee,
who is
[[Page H2380]]
still very devoted to national security and exercises that role as a
member of the Rules Committee.
Mr. GINGREY. Mr. Chairman, I thank the gentleman for yielding me this
time.
I rise in strong support of the 2007 National Defense Authorization
Act. I would like to thank all of the members of the Armed Services
Committee for their hard work on this vital legislation, and I am
especially appreciative for the efforts of Chairman Hunter and the
subcommittee chairman, Mr. McHugh, and of course the ranking member,
Mr. Skelton, in listening to the families of our fallen soldiers.
A brave young man from my district who heroically gave his life for
our country, SGT Paul Saylor, was not able to be viewed for a final
time upon being returned to his family. Sergeant Saylor's family is
extremely patriotic in support of our troops and has worked tirelessly
to ensure that other military families are able to gain closure when a
family member dies in defense of our Nation.
H.R. 5122 includes, thanks to the chairman, a remains preservation
provision which takes steps to ensure that we can honor our fallen
heroes with the dignity and respect that they deserve.
Mr. Chairman, I would like to personally thank you, as well as the
ranking member, Mr. Skelton, and the subcommittee chairman, Mr. McHugh,
for proving that one soldier and one family can truly make a
difference. I urge support of the legislation.
Mr. SKELTON. Mr. Chairman, I yield such time as he may consume to the
gentleman from New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Chairman, I thank my friend for his very gracious
yielding of time.
I rise in support of a piece of legislation that I think deserves the
support of each Member of this body. I thank Chairman Hunter and Mr.
Skelton and the various subcommittee chairmen and members for their
hard work on this bill.
My reasons for supporting this bill are both local and global.
Locally, I would like to thank my friend and colleague, Mr. Saxton,
chairman of our subcommittee, for his excellent work, along with Mr.
LoBiondo, for inserting language which will put a stop to what I
believe is an unwise and poorly thought out plan to dispose of the
residue of VX nerve agent in the Delaware River adjoining our
districts. I thank them for their leadership on that.
More globally, the role of the Armed Forces of the United States is
to act in conjunction with our diplomatic and other leaders to shape
the world in which we live so it is safer for our people.
{time} 1530
And I think by any measure, this bill measures up to that very high
standard. Most importantly, I am proud to support this bill because it
significantly exceeds the pay increase for the people in uniform that
was originally proposed.
The original proposal under the President's budget was for a 2.2
percent increase in the base pay of those who serve our country. I
commend both the majority and minority for finding the right ways to
alter that request and increase it to 2.7 percent, far more in line
with pay raises being received by people in the private sector in lines
of work that are obviously less risky and stressful for the defense of
our country.
I also believe that this bill wisely invests in the information
technologies and the intelligence gathering technologies that will
serve us well in dealing with the asymmetric threats that our country
faces and will surely face in the years ahead. I think this is a very
positive foundation for the enactment of this bill.
I will say that I hope that the Rules Committee finds it within its
purview to permit the full House to debate some other measures about
shaping the environment in which we live, with specific reference to
the question of limiting the proliferation of weapons of mass
destruction. There is an amendment presently before the Rules Committee
which speaks to that issue, which I would urge the Rules Committee to
adopt so that we can have an argument about the best way to shape the
future in which we find ourselves.
But I will say this. There is unanimity that the best way to shape
that future is to recruit, retain, reward, equip and take care of the
brave Americans who step forward to serve this country and their
families. I am very pleased that this has not become a partisan issue,
that Members on both sides of the aisle have worked very hard to try to
a achieve that promise, the recognition of that promise for the people
who serve.
So I am proud to support this bill because of what it does for the
anonymous young Americans whose names we do not know usually, until
something terrible happens to them. I hope that we never learn their
names if that is the reason that we would hear them.
But what they will learn from us is that their compensation, the care
for their families will improve as a result of this bill that we
support today.
Mr. SKELTON. Mr. Chairman, may I ask, does the gentleman from
California have additional speakers?
Mr. HUNTER. I would say to my good colleague, I have just one
additional thing that I would like to mention about a provision in the
bill. But outside of that, we are ready to wrap up the general debate.
So I have got just maybe a minute or two.
Mr. SKELTON. Mr. Chairman, I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, I just wanted to say to my colleagues that
this, the story of this global war against terror with the special
focus in Iraq and Afghanistan, is a story of families. It is a story of
enormous sacrifice, not just by the people that wear the uniform in the
theater, but by their families back home, their moms, their dads, their
wives, their husbands, their children.
And there is a particular family, the Holley family from San Diego,
California, that brought an issue to the attention of the Armed
Services Committee here over this last year when their great 101st
Airborne Trooper, Matthew Holley, was killed in the Iraq theater. And
they pointed out that in the present chain of transportation of our
fallen heroes home, where they come through Dover, Delaware, and
ultimately go to their final resting place at their particular hometown
or community in America, that part of that chain of transportation has
been carried out by commercial airlines. And despite the best wishes
and the best efforts on the part of those people who operate the
commercial airlines, the proper amount of respect, the extreme respect
that should be afforded those fallen heroes is in some cases, has in
some cases been lacking.
And that came to the attention of the Holley family. And they talked
to me and to other members of the committee, and we looked at the issue
and as a result of that, we have, in the law, in this bill or in the
proposed law, some very clear and strong directives to the
administration to utilize military aircraft in taking our fallen heroes
from Dover, Delaware, from where they land on American shores, to the
military base that is closest to their hometown, unless otherwise
directed by the family, and to use those military aircraft and to
accompany those fallen heroes with American military personnel, and to
greet that military aircraft when it arrives at that military base
closest to their hometown with an honor guard.
And so we have laid out very directive language, very clear language
for the administration. And I want to thank John and Stacy, who really
brought this to our attention in honor of their son, Matthew Holley.
And I think that we have talked to the other body and I think that this
will have clear support all the way through.
But this is an important part of this bill because part of this bill
is about respect. And this particular provision is about respect for
those people who have given that last full measure of devotion to our
country.
Mr. Chairman, I yield back the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
I want to add one more word about this bill. It is an excellent bill,
reflects the best of bipartisanship. I thank the chairman, Duncan
Hunter, all of the subcommittee chairmen and ranking members for the
very, very hard work that they did. I certainly hope that we are able
to return tomorrow with some amendments that need to be debated
[[Page H2381]]
and discussed, including the prescription drug amendment that I have
offered.
Mr. FOSSELLA. Mr. Chairman, today I rise in support of H.R. 5122, the
2007 Defense Reauthorization.
In February 2006, I introduced legislation that would allow military
families to mail packages postage-free to their loved ones serving in
Iraq and Afghanistan. With the help of Chairman Hunter, Sub-Committee
Chairman McHugh, and Chairman Tom Davis, this legislation has been
included in the underlying legislation we are currently debating.
I drafted the legislation in response to concerns expressed to me by
many military families that it was becoming too costly for them to send
regular care packages to their loved ones overseas. I heard story after
story of families that were already finding it hard to make ends meet
now having to spend as much as $1,500 a year to mail care packages.
These packages bring a touch of home to our servicemembers--like
pictures, cards and school projects from their children. But they also
provide our military men and women with basic necessities like shampoo,
powder, and phone cards.
In my district of Staten Island and Brooklyn, residents joined
together and raised money to help military families send these packages
over seas. I was inspired by the outpouring of support for our service
men and women in Dyker Heights, Brooklyn, where postal service
employees raised money to cover the postage for every package sent to
our troops. On Staten Island, several groups dedicated to helping
miltary families also raised money to help offset the cost of postage.
It was these acts of genorosity and partiotism that prompted me to
introduce my legislation. And today, with the strong, bipartisan
support of 133 of my colleagues, the House of Representatives will show
our enduring support for our service men and women and their families.
It goes without saying that our servicemen and women are making
enormous sacrifices fighting the War on Terrorism and defending freedom
and liberty. They face great challenges under trying circumstances, and
often without the benefit of basic necessities like blankets or
toothpaste. It falls upon their families back home to get them these
supplies and to cover the cost of shipping them overseas. This bill
will help make life better for our soldiers and to ease the financial
burden on those back home. It is a simple way to bring a touch of home
to America's heroes overseas.
I urge my colleagues to support this bill and allow our military
families an easier path to sending care packages to their loved ones.
Mr. NORWOOD. Mr. Chairman, I would like to thank Chairman Hunter,
Ranking Member Skelton, and committee staff for including my
legislation improving TRICARE dental coverage into this bill.
Currently, TRICARE will only pay for medically necessary dental work
in a hospital if the condition has a medical component.
That means if a young child or disabled dependent has a serious
dental condition and cannot be treated in the office, the general
anesthesia costs get passed to the family.
As a former Army and private practice dentist, I can tell you that
hospital dental care is medically necessary in limited cases, and that
these costs are an unjust burden on military families.
This Authorization finally acknowledges that fact, and I urge its
support.
Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Kuhl of New York). All time for general
debate has expired.
Pursuant to the rule, the amendment in the nature of a substitute
printed in the bill shall be considered as an original bill for the
purpose of amendment under the 5-minute rule and shall be considered
read.
The text of the amendment in the nature of a substitute is as
follows:
H.R. 5122
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2007''.
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.
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. Multiyear procurement authority for Family of Medium Tactical
Vehicles.
Sec. 112. Multiyear procurement authority for MH-60R helicopters and
mission equipment.
Sec. 113. Funding profile for Modular Force Initiative of the Army.
Sec. 114. Bridge to Future Networks program.
Subtitle C--Navy Programs
Sec. 121. Attack submarine force structure.
Sec. 122. Adherence to Navy cost estimates for CVN-21 class of aircraft
carriers.
Sec. 123. Adherence to Navy cost estimates for LHA Replacement
amphibious assault ship program.
Sec. 124. Adherence to Navy cost estimates for San Antonio (LPD-17)
class amphibious ship program.
Sec. 125. Multiyear procurement authority for V-22 tiltrotor aircraft
program.
Sec. 126. Quality control in procurement of ship critical safety items
and related services.
Sec. 127. DD(X) Next-Generation Destroyer program.
Sec. 128. Sense of Congress that the Navy make greater use of nuclear-
powered propulsion systems in its future fleet of surface
combatants.
Subtitle D--Air Force Programs
Sec. 131. Requirement for B-52 force structure.
Sec. 132. Strategic airlift force structure.
Sec. 133. Limitation on retirement of U-2 aircraft.
Sec. 134. Multiyear procurement authority for F-22A Raptor fighter
aircraft.
Sec. 135. Limitation on retirement of KC-135E aircraft during fiscal
year 2007.
Sec. 136. Limitation on retirement of F-117A aircraft during fiscal
year 2007.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Alternate engine for Joint Strike Fighter.
Sec. 212. Extension of authority to award prizes for advanced
technology achievements.
Sec. 213. Extension of Defense Acquisition Challenge Program.
Sec. 214. Future Combat Systems milestone review.
Sec. 215. Independent cost analyses for Joint Strike Fighter engine
program.
Sec. 216. Dedicated amounts for implementing or evaluating DD(X) and
CVN-21 proposals under Defense Acquisition Challenge
Program.
Subtitle C--Ballistic Missile Defense
Sec. 221. Fielding of ballistic missile defense capabilities.
Sec. 222. Limitation on use of funds for space-based interceptor.
Subtitle D--Other Matters
Sec. 231. Review of test and evaluation policies and practices to
address emerging acquisition approaches.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense Programs.
Subtitle B--Environmental Provisions
Sec. 311. Revision of requirement for unexploded ordnance program
manager.
Sec. 312. Identification and monitoring of military munitions disposal
sites in ocean waters extending from United States coast
to outer boundary of outer Continental Shelf.
Sec. 313. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund
Site, Moses Lake, Washington.
Sec. 314. Funding of cooperative agreements under environmental
restoration program.
Sec. 315. Analysis and report regarding contamination and remediation
responsibility for Norwalk Defense Fuel Supply Point,
Norwalk, California.
Subtitle C--Workplace and Depot Issues
Sec. 321. Extension of exclusion of certain expenditures from
percentage limitation on contracting for depot-level
maintenance.
Sec. 322. Minimum capital investment for Air Force depots.
Sec. 323. Extension of temporary authority for contractor performance
of security guard functions.
Subtitle D--Reports
Sec. 331. Report on Nuclear Attack Submarine Depot Maintenance.
[[Page H2382]]
Sec. 332. Report on Navy Fleet Response Plan.
Sec. 333. Report on Navy surface ship rotational crew programs.
Sec. 334. Report on Army live-fire ranges in Hawaii.
Sec. 335. Comptroller General report on joint standards and protocols
for access control systems at Department of Defense
installations.
Sec. 336. Report on Personnel Security Investigations for Industry and
National Industrial Security Program.
Subtitle E--Other Matters
Sec. 341. Department of Defense strategic policy on prepositioning of
materiel and equipment.
Sec. 342. Authority to make Department of Defense horses available for
adoption at end of useful working life.
Sec. 343. Sale and use of proceeds of recyclable munitions materials.
Sec. 344. Capital security cost sharing.
Sec. 345. Prioritization of funds within Navy mission operations, ship
maintenance, combat support forces, and weapons system
support.
Sec. 346. Prioritization of funds within Army reconstitution and
transformation.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
Sec. 403. Additional authority for increases of Army and Marine Corps
active duty end strengths for fiscal years 2008 and 2009.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserve components.
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
Sec. 501. Authorized strength of Navy Reserve flag officers.
Sec. 502. Standardization of grade of senior dental officer of the Air
Force with that of senior dental officer of the Army.
Sec. 503. Management of chief warrant officers.
Sec. 504. Reduction in time-in-grade requirement for promotion to
captain in the Army, Air Force, and Marine Corps and
lieutenant in the Navy.
Sec. 505. Military status of officers serving in certain Intelligence
Community positions.
Subtitle B--Reserve Component Management
Sec. 511. Revisions to reserve call-up authority.
Sec. 512. Military retirement credit for certain service by National
Guard members performed while in a State duty status
immediately after the terrorist attacks of September 11,
2001.
Sec. 513. Report on private-sector promotion and constructive
termination of members of the reserve components called
or ordered to active service.
Subtitle C--Education and Training
Sec. 521. Authority to permit members who participate in the guaranteed
reserve forces duty scholarship program to participate in
the health professions scholarship program and serve on
active duty.
Sec. 522. Junior Reserve Officers' Training Corps instruction
eligibility expansion.
Sec. 523. Authority for United States Military Academy and United
States Air Force Academy permanent military professors to
assume command positions while on periods of sabbatical.
Sec. 524. Expansion of service academy exchange programs with foreign
military academies.
Sec. 525. Review of legal status of Junior ROTC program.
Subtitle D--General Service Authorities
Sec. 531. Test of utility of test preparation guides and education
programs in enhancing recruit candidate performance on
the Armed Services Vocational Aptitude Battery (ASVAB)
and Armed Forces Qualification Test (AFQT).
Sec. 532. Nondisclosure of selection board proceedings.
Sec. 533. Report on extent of provision of timely notice of long-term
deployments.
Subtitle E--Authorities Relating to Guard and Reserve Duty
Sec. 541. Title 10 definition of Active Guard and Reserve duty.
Sec. 542. Authority for Active Guard and Reserve duties to include
support of operational missions assigned to the reserve
components and instruction and training of active-duty
personnel.
Sec. 543. Governor's authority to order members to Active Guard and
Reserve duty.
Sec. 544. National Guard officers authority to command.
Sec. 545. Expansion of operations of civil support teams.
Subtitle F--Decorations and Awards
Sec. 551. Authority for presentation of Medal of Honor Flag to living
Medal of Honor recipients and to living primary next-of-
kin of deceased Medal of Honor recipients.
Sec. 552. Cold War Victory Medal.
Sec. 553. Posthumous award of Purple Heart for prisoners of war who die
in or due to captivity.
Sec. 554. Advancement on the retired list of certain decorated retired
Navy and Marine Corps officers.
Sec. 555. Report on Department of Defense process for awarding
decorations.
Subtitle G--Matters Relating to Casualties
Sec. 561. Criteria for removal of member from temporary disability
retired list.
Sec. 562. Department of Defense computer/electronic accommodations
program for severely wounded members.
Sec. 563. Transportation of remains of casualties dying in a theater of
combat operations.
Sec. 564. Annual budget display of funds for POW/MIA activities of
Department of Defense.
Subtitle H--Assistance to Local Educational Agencies for Defense
Dependents Education
Sec. 571. Continuation of authority to assist local educational
agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 572. Enrollment in defense dependents' education system of
dependents of foreign military members assigned to
Supreme Headquarters Allied Powers, Europe.
Subtitle I--Postal Benefits
Sec. 575. Postal benefits program for members of the Armed Forces.
Sec. 576. Funding.
Sec. 577. Duration.
Subtitle J--Other Matters
Sec. 581. Reduction in Department of Defense accrual contributions to
Department of Defense Military Retirement Fund.
Sec. 582. Dental Corps of the Bureau of Medicine and Surgery.
Sec. 583. Permanent authority for presentation of recognition items for
recruitment and retention purposes.
Sec. 584. Report on feasibility of establishment of Military Entrance
Processing Command station on Guam.
Sec. 585. Persons authorized to administer enlistment and appointment
oaths.
Sec. 586. Repeal of requirement for periodic Department of Defense
Inspector General assessments of voting assistance
compliance at military installations.
Sec. 587. Physical evaluation boards.
Sec. 588. Department of Labor transitional assistance program.
Sec. 589. Revision in Government contributions to Medicare-Eligible
Retiree Health Care Fund.
Sec. 590. Military chaplains.
Sec. 591. Report on personnel requirements for airborne assets
identified as Low-Density, High-Demand Airborne Assets.
Sec. 592. Entrepreneurial Service Members Empowerment Task Force.
Sec. 593. Comptroller General report on military conscientious
objectors.
Sec. 594. Commission on the National Guard and Reserves.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2007.
Sec. 602. Targeted increase in basic pay rates.
Sec. 603. Conforming change in general and flag officer pay cap to
reflect increase in pay cap for Senior Executive Service
personnel.
Sec. 604. Availability of second basic allowance for housing for
certain reserve component or retired members serving in
support of contingency operations.
Sec. 605. Extension of temporary continuation of housing allowance for
dependents of members dying on active duty to spouses who
are also members.
Sec. 606. Clarification of effective date of prohibition on
compensation for correspondence courses.
Sec. 607. Payment of full premium for coverage under Servicemembers'
Group Life Insurance program during service in Operation
Enduring Freedom or Operation Iraqi Freedom.
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 bonus and special pay authorities for health
care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of other bonus, special pay, and separation pay
authorities.
[[Page H2383]]
Sec. 615. Expansion of eligibility of dental officers for additional
special pay.
Sec. 616. Increase in maximum annual rate of special pay for Selected
Reserve health care professionals in critically short
wartime specialties.
Sec. 617. Authority to provide lump sum payment of nuclear officer
incentive pay.
Sec. 618. Increase in maximum amount of nuclear career accession bonus.
Sec. 619. Increase in maximum amount of incentive bonus for transfer
between armed forces.
Sec. 620. Clarification regarding members of the Army eligible for
bonus for referring other persons for enlistment in the
Army.
Sec. 621. Pilot program for recruitment bonus for critical health care
specialties.
Sec. 622. Enhancement of temporary program of voluntary separation pay
and benefits.
Sec. 623. Additional authorities and incentives to encourage retired
members and reserve component members to volunteer to
serve on active duty in high-demand, low-density
assignments.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Authority to pay costs associated with delivery of motor
vehicle to storage location selected by member and
subsequent removal of vehicle.
Sec. 632. Transportation of additional motor vehicle of members on
change of permanent station to or from nonforeign areas
outside the continental United States.
Sec. 633. Travel and transportation allowances for transportation of
family members incident to illness or injury of members.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Military Survivor Benefit Plan beneficiaries under insurable
interest coverage.
Sec. 642. Retroactive payment of additional death gratuity for certain
members not previously covered.
Sec. 643. Equity in computation of disability retired pay for reserve
component members wounded in action.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 651. Treatment of price surcharges of tobacco products and certain
other merchandise sold at commissary stores.
Sec. 652. Limitation on use of Department of Defense lease authority to
undermine commissaries and exchanges and other morale,
welfare, and recreation programs and nonappropriated fund
instrumentalities.
Sec. 653. Use of nonappropriated funds to supplement or replace
appropriated funds for construction of facilities of
exchange stores system and other nonappropriated fund
instrumentalities, military lodging facilities, and
community facilities.
Sec. 654. Report on cost effectiveness of purchasing commercial
insurance for commissary and exchange facilities and
facilities of other morale, welfare, and recreation
programs and nonappropriated fund instrumentalities.
Subtitle F--Other Matters
Sec. 661. Repeal of annual reporting requirement regarding effects of
recruitment and retention initiatives.
Sec. 662. Pilot project regarding providing golf carts accessible for
disabled persons at military golf courses.
Sec. 663. Enhanced authority to remit or cancel indebtedness of members
of the Armed Forces incurred on active duty.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
Sec. 701. TRICARE coverage for forensic examination following sexual
assault or domestic violence.
Sec. 702. Authorization of anesthesia and other costs for dental care
for children and certain other patients.
Sec. 703. Improvements to descriptions of cancer screening.
Sec. 704. Prohibition on increases in certain health care costs for
members of the uniformed services.
Sec. 705. Services of mental health counselors.
Sec. 706. Demonstration project on coverage of selected over-the-
counter medications under the pharmacy benefit program.
Sec. 707. Requirement to reimburse certain travel expenses of certain
beneficiaries covered by TRICARE for life.
Sec. 708. Inflation adjustment of differential payments to children's
hospitals participating in TRICARE program.
Sec. 709. Expanded eligibility of Selected Reserve members under
TRICARE program.
Sec. 710. Extension to TRICARE of medicare prohibition of financial
incentives not to enroll in group health plan.
Subtitle B--Studies and Reports
Sec. 711. Department of Defense task force on the future of military
health care.
Sec. 712. Study and plan relating to chiropractic health care services.
Sec. 713. Comptroller General study and report on Defense Health
Program.
Sec. 714. Transfer of custody of the Air Force Health Study assets to
Medical Follow-up Agency.
Sec. 715. Study on allowing dependents of activated members of Reserve
Components to retain civilian health care coverage.
Subtitle C--Other Matters
Sec. 721. Costs of incentive payments to employees for TRICARE
enrollment made unallowable for contractors.
Sec. 722. Requirement for military medical personnel to be trained in
preservation of remains.
Subtitle D--Pharmacy Benefits Program Improvements
Sec. 731. TRICARE pharmacy program cost-share requirements.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Requirements Management Certification Training Program.
Sec. 802. Additional requirements relating to technical data rights.
Sec. 803. Study and report on revisions to Selected Acquisition Report
requirements.
Sec. 804. Quarterly updates on implementation of acquisition reform in
the Department of Defense.
Sec. 805. Establishment of defense challenge process for critical cost
growth threshold breaches in major defense acquisition
programs.
Sec. 806. Market research required for major defense acquisition
programs before proceeding to Milestone B.
Subtitle B--Acquisition Policy and Management
Sec. 811. Applicability of statutory executive compensation cap made
prospective.
Sec. 812. Prohibition on procurement from beneficiaries of foreign
subsidies.
Sec. 813. Time-certain development for Department of Defense
information technology business systems.
Sec. 814. Establishment of Panel on Contracting Integrity.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Extension of special temporary contract closeout authority.
Sec. 822. Limitation on contracts for the acquisition of certain
services.
Sec. 823. Use of Federal supply schedules by State and local
governments for goods and services for recovery from
natural disasters, terrorism, or nuclear, biological,
chemical, or radiological attack.
Sec. 824. Waivers to extend task order contracts for advisory and
assistance services.
Sec. 825. Enhanced access for small business.
Sec. 826. Procurement goal for Hispanic-serving institutions.
Sec. 827. Prohibition on defense contractors requiring licenses or fees
for use of military likenesses and designations.
Subtitle D--United States Defense Industrial Base Provisions
Sec. 831. Protection of strategic materials critical to national
security.
Sec. 832. Strategic Materials Protection Board.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Standardization of statutory references to ``national
security system'' within laws applicable to Department of
Defense.
Sec. 902. Correction of reference to predecessor of Defense Information
Systems Agency.
Sec. 903. Addition to membership of specified council.
Sec. 904. Consolidation and standardization of authorities relating to
Department of Defense Regional Centers for Security
Studies.
Sec. 905. Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.
Subtitle B--Space Activities
Sec. 911. Designation of successor organizations for the disestablished
Interagency Global Positioning Executive Board.
Sec. 912. Extension of authority for pilot program for provision of
space surveillance network services to non-United States
Government entities.
Sec. 913. Operationally Responsive Space.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Transfer to Secretary of the Army of responsibility for
Assembled Chemical Weapons Alternatives Program.
Sec. 922. Comptroller General review of cost-benefit analysis of off-
site versus on-site treatment and disposal of hydrolysate
derived from neutralization of VX nerve gas at Newport
Chemical Depot, Indiana.
Sec. 923. Sense of Congress regarding the safe and expeditious disposal
of chemical weapons.
[[Page H2384]]
Subtitle D--Intelligence-Related Matters
Sec. 931. Repeal of termination of authority of Secretary of Defense to
engage in commercial activities as security for
intelligence collection activities abroad.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of supplemental appropriations for fiscal year
2006.
Sec. 1003. Increase in fiscal year 2006 general transfer authority.
Sec. 1004. United States contribution to NATO common-funded budgets in
fiscal year 2007.
Sec. 1005. Report on budgeting for fluctuations in fuel cost rates.
Sec. 1006. Reduction in authorizations due to savings resulting from
lower-than-expected inflation.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Transfer of naval vessels to foreign nations based upon
vessel class.
Sec. 1012. Overhaul, repair, and maintenance of vessels in foreign
shipyards.
Sec. 1013. Report on options for future lease arrangement for Guam
Shipyard.
Sec. 1014. Shipbuilding Industrial Base Improvement Program.
Sec. 1015. Transfer of operational control of certain patrol coastal
ships to Coast Guard.
Sec. 1016. Limitation on leasing of foreign-built vessels.
Sec. 1017. Overhaul, repair, and maintenance of vessels carrying
Department of Defense cargo.
Sec. 1018. Riding gang member documentation requirement.
Subtitle C--Counter-Drug Activities
Sec. 1021. Restatement in title 10, United States Code, and revision of
Department of Defense authority to provide support for
counter-drug activities of Federal, State, local, and
foreign law enforcement agencies.
Sec. 1022. Restatement in title 10, United States Code, and revision of
Department of Defense authority to provide support for
counter-drug activities of certain foreign governments.
Sec. 1023. Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1024. Continuation of reporting requirement regarding Department
of Defense expenditures to support foreign counter-drug
activities.
Sec. 1025. Report on interagency counter-narcotics plan for Afghanistan
and South and Central Asian regions.
Subtitle D--Other Matters
Sec. 1031. Revision to authorities relating to Commission on the
implementation of the New Strategic Posture of the United
States.
Sec. 1032. Enhancement to authority to pay rewards for assistance in
combating terrorism.
Sec. 1033. Report on assessment process of Chairman of the Joint Chiefs
of Staff relating to Global War on Terrorism.
Sec. 1034. Presidential report on improving interagency support for
United States 21st century national security missions.
Sec. 1035. Quarterly reports on implementation of 2006 Quadrennial
Defense Review Report.
Sec. 1036. Increased hunting and fishing opportunities for members of
the Armed Forces, retired members, and disabled veterans
.
Sec. 1037. Technical and clerical amendments.
Sec. 1038. Database of emergency response capabilities.
Sec. 1039. Information on certain criminal investigations and
prosecutions.
Sec. 1040. Date for final report of EMP Commission.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Increase in authorized number of defense intelligence senior
executive service employees.
Sec. 1102. Authority for Department of Defense to pay full replacement
value for personal property claims of civilians.
Sec. 1103. Accrual of annual leave for members of the uniformed
services performing dual employment.
Sec. 1104. Death gratuity authorized for Federal employees.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Logistic support for allied forces participating in combined
operations.
Sec. 1202. Temporary authority to use acquisition and cross-servicing
agreements to lend certain military equipment to foreign
forces in Iraq and Afghanistan for personnel protection
and survivability.
Sec. 1203. Recodification and revision to law relating to Department of
Defense humanitarian demining assistance.
Sec. 1204. Enhancements to Regional Defense Combating Terrorism
Fellowship Program.
Sec. 1205. Capstone overseas field studies trips to People's Republic
of China and Republic of China on Taiwan.
Sec. 1206. Military educational exchanges between senior officers and
officials of the United States and Taiwan.
Subtitle B--Nonproliferation Matters and Countries of Concern
Sec. 1211. Procurement restrictions against foreign persons that
transfer certain defense articles and services to the
People's Republic of China.
Subtitle C--Other Matters
Sec. 1221. Execution of the President's policy to make available to
Taiwan diesel electric submarines.
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. Temporary authority to waive limitation on funding for
chemical weapons destruction facility in Russia.
Sec. 1304. National Academy of Sciences study.
TITLE XIV--HOMELAND DEFENSE TECHNOLOGY TRANSFER
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Creation of Homeland Defense Technology Transfer Consortium.
TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Research, development, test and evaluation.
Sec. 1507. Operation and maintenance.
Sec. 1508. Defense Health Program.
Sec. 1509. Classified programs.
Sec. 1510. Military personnel.
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Transfer authority.
Sec. 1513. Availability of funds.
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
2004 and 2005 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.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out certain fiscal year
2006 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. Effective date.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in maximum annual amount authorized to be obligated
for emergency military construction.
Sec. 2802. Applicability of local comparability of room pattern and
floor area requirements to construction, acquisition, and
improvement to military unaccompanied housing.
[[Page H2385]]
Sec. 2803. Authority to use proceeds from sale of military family
housing to support military housing privatization
initiative.
Sec. 2804. Repeal of special requirement for military construction
contracts on Guam.
Sec. 2805. Congressional notification of cancellation ceiling for
Department of Defense energy savings performance
contracts.
Sec. 2806. Expansion of authority to convey property at military
installations to support military construction.
Sec. 2807. Pilot projects for acquisition or construction of military
unaccompanied housing.
Sec. 2808. Consideration of alternative and more efficient uses for
general officer and flag officer quarters in excess of
6,000 square feet.
Sec. 2809. Repeal of temporary minor military construction program.
Sec. 2810. One-year extension of temporary, limited authority to use
operation and maintenance funds for construction projects
outside the United States.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Consolidation of Department of Defense authorities regarding
granting of easements for rights-of-way.
Sec. 2822. Authority to grant restrictive easements in connection with
land conveyances.
Sec. 2823. Maximum term of leases for structures and real property
relating to structures in foreign countries needed for
purposes other than family housing.
Sec. 2824. Consolidation of laws relating to transfer of Department of
Defense real property within the department and to other
Federal agencies.
Sec. 2825. Congressional notice requirements in advance of acquisition
of land by condemnation for military purposes.
Subtitle C--Base Closure and Realignment
Sec. 2831. Treatment of lease proceeds from military installations
approved for closure or realignment after January 1,
2005.
Subtitle D--Land Conveyances
Sec. 2841. Land conveyance, Naval Air Station, Barbers Point, Hawaii.
Sec. 2842. Modification of land acquisition authority, Perquimans
County, North Carolina.
Sec. 2843. Land conveyance, Radford Army Ammunition Plant, Pulaski
County, Virginia.
Subtitle E--Other Matters
Sec. 2851. Availability of community planning assistance relating to
encroachment of civilian communities on military
facilities used for training by the Armed Forces.
Sec. 2852. Prohibitions against making certain military airfields or
facilities available for use by civil aircraft.
Sec. 2853. Naming housing facility at Fort Carson, Colorado, in honor
of Joel Hefley, a member of the House of Representatives.
Sec. 2854. Naming Navy and Marine Corps Reserve Center at Rock Island,
Illinois, in honor of Lane Evans, a member of the House
of Representatives.
Sec. 2855. 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.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Plan for transformation of National Nuclear Security
Administration nuclear weapons complex.
Sec. 3112. Extension of Facilities and Infrastructure Recapitalization
Program.
Sec. 3113. Utilization of contributions to Global Threat Reduction
Initiative.
Sec. 3114. Utilization of contributions to Second Line of Defense
program.
Sec. 3115. Two-year extension of authority for appointment of certain
scientific, engineering, and technical personnel.
Sec. 3116. National Academy of Sciences study of quantification of
margins and uncertainty methodology for assessing and
certifying the safety and reliability of the nuclear
stockpile.
Sec. 3117. Consolidation of counterintelligence programs of Department
of Energy and National Nuclear Security Administration.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to required receipt objectives for previously
authorized disposals from National Defense Stockpile.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2007.
Sec. 3502. Limitation on transfer of Maritime Security Fleet operating
agreements.
Sec. 3503. Applicability to certain Maritime Administration vessels of
limitations on overhaul, repair, and maintenance of
vessels in foreign shipyards.
Sec. 3504. Vessel transfer authority.
Sec. 3505. United States Merchant Marine Academy graduates: alternate
service requirements.
Sec. 3506. United States Merchant Marine Academy graduates: service
obligation performance reporting requirement.
Sec. 3507. Temporary authority to transfer obsolete combatant vessels
to Navy for disposal.
Sec. 3508. Temporary requirement to maintain Ready Reserve Force.
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.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for Family of Medium Tactical
Vehicles.
Sec. 112. Multiyear procurement authority for MH-60R helicopters and
mission equipment.
Sec. 113. Funding profile for Modular Force Initiative of the Army.
Sec. 114. Bridge to Future Networks program.
Subtitle C--Navy Programs
Sec. 121. Attack submarine force structure.
Sec. 122. Adherence to Navy cost estimates for CVN-21 class of aircraft
carriers.
Sec. 123. Adherence to Navy cost estimates for LHA Replacement
amphibious assault ship program.
Sec. 124. Adherence to Navy cost estimates for San Antonio (LPD-17)
class amphibious ship program.
Sec. 125. Multiyear procurement authority for V-22 tiltrotor aircraft
program.
Sec. 126. Quality control in procurement of ship critical safety items
and related services.
Sec. 127. DD(X) Next-Generation Destroyer program.
Sec. 128. Sense of Congress that the Navy make greater use of nuclear-
powered propulsion systems in its future fleet of surface
combatants.
Subtitle D--Air Force Programs
Sec. 131. Requirement for B-52 force structure.
Sec. 132. Strategic airlift force structure.
Sec. 133. Limitation on retirement of U-2 aircraft.
Sec. 134. Multiyear procurement authority for F-22A Raptor fighter
aircraft.
Sec. 135. Limitation on retirement of KC-135E aircraft during fiscal
year 2007.
Sec. 136. Limitation on retirement of F-117A aircraft during fiscal
year 2007.
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, $3,714,783,000.
(2) For missiles, $1,490,898,000.
(3) For weapons and tracked combat vehicles,
$2,335,004,000.
(4) For ammunition, $1,691,475,000.
(5) For other procurement, $6,970,079,000.
(6) For National Guard Equipment, $318,000,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2007 for procurement for the Navy as follows:
(1) For aircraft, $10,760,671,000.
(2) For weapons, including missiles and torpedoes,
$2,517,020,000.
(3) For shipbuilding and conversion, $11,183,153,000.
(4) For other procurement, $5,042,766,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2007 for procurement for the
Marine Corps in the amount of $1,223,813,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2007 for
procurement of ammunition for the Navy and the Marine Corps
in the amount of $758,793,000.
[[Page H2386]]
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, $13,042,630,000.
(2) For ammunition, $1,076,749,000.
(3) For missiles, $4,171,495,000.
(4) For other procurement, $15,428,636,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 2007 for Defense-wide procurement in the amount of
$2,856,461,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR FAMILY OF
MEDIUM TACTICAL VEHICLES.
(a) Authority.--The Secretary of the Army may, in
accordance with section 2306b of title 10, United States
Code, enter into a multiyear contract for the Family of
Medium Tactical Vehicles (FMTV) program beginning with the
fiscal year 2008 program year.
(b) Contract Requirement.--Any multiyear contract or
extension entered into under this section for procurement
under the Family of Medium Tactical Vehicles program shall
provide for incorporation of improvements in the areas of
performance capability and survivability from lessons learned
from operations involving the Global War on Terrorism (as
well as from product improvement programs carried out for the
Family of Medium Tactical Vehicles program)..
(c) Limitation on Term of Contract.--Notwithstanding
subsection (k) of section 2306b of title 10, United States
Code, a contract or extension under this section may not be
for a period in excess of three program years.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR MH-60R
HELICOPTERS AND MISSION EQUIPMENT.
(a) MH-60R Helicopter.--Subject to subsection (c), the
Secretary of the Army, acting as executive agent for the
Department of the Navy, may enter into a multiyear contract
for the procurement of 144 MH-60R helicopters.
(b) MH-60R Helicopter Mission Equipment.--Subject to
subsection (c), the Secretary of the Army, acting as
executive agent for the Department of the Navy, may enter
into a multiyear contract for the procurement of MH-60R
helicopter mission equipment for the helicopters covered by a
multiyear contract under subsection (a).
(c) Contract Requirements.--Any multiyear contract under
this section--
(1) shall be entered into in accordance with section 2306b
of title 10, United States Code, and shall commence with the
fiscal year 2007 program year; and
(2) shall provide that any obligation of the United States
to make a payment under the contract is subject to the
availability of appropriations for that purpose.
(d) Cost Limitation.--The combined value for the contracts
authorized by subsections (a) and (b) may not exceed
$2,600,000,000, and the average unit cost per helicopter
under those contracts may not exceed $37,790,000.
SEC. 113. FUNDING PROFILE FOR MODULAR FORCE INITIATIVE OF THE
ARMY.
The Secretary of the Army shall set forth in the budget
presentation materials of the Army submitted to Congress in
support of the President's budget for any fiscal year after
fiscal year 2007, and in other relevant materials submitted
to Congress with respect to the budget of the Army for any
such fiscal year, all amounts for procurement for the M1A2
Abrams tank System Enhancement Program (SEP) and for the
Bradley A3 fighting vehicle as elements within the amounts
requested for the Modular Force Initiative of the Army, in
accordance with the report of the Army titled ``The Army
Modular Force Initiative'', submitted to Congress in March
2006.
SEC. 114. BRIDGE TO FUTURE NETWORKS PROGRAM.
(a) Limitation on Fiscal Year 2007 Amount.--Of the amount
authorized to be appropriated for the Army for fiscal year
2007 for Other Procurement, Army, that is available for the
program of the Army designated as the Bridge to Future
Networks, not more than 70 percent shall be made available
for obligation until the Secretary of the Army submits to the
congressional defense committees a report on that program
that includes the matters specified in subsection (b).
(b) Matters to Be Included.--The report under subsection
(a) shall include the following:
(1) An analysis of how the Joint Network Node (JNN) element
of the Bridge to Future Networks program and the Warfighter
Information Network-Tactical (WIN-T) program will fit
together, including an analysis of whether there are
opportunities to leverage technologies and equipment from the
Joint Network Node program as part of the development of the
Warfighter Information Network-Tactical program.
(2) A description of the extent to which components of the
Joint Network Node and the Warfighter Information Network-
Tactical programs could be used together as elements of a
single tactical network.
(3) A description of the strategy of the Army for
completing the systems engineering necessary to ensure the
end-to-end interoperability of a single tactical network
referred to in paragraph (2).
Subtitle C--Navy Programs
SEC. 121. ATTACK SUBMARINE FORCE STRUCTURE.
Section 5062 of title 10, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) The naval combat forces of the Navy shall include not
less than 48 operational attack submarines. For purposes of
this subsection, an operational attack submarine includes an
attack submarine that is temporarily unavailable for
worldwide deployment due to routine or scheduled maintenance
or repair.''.
SEC. 122. ADHERENCE TO NAVY COST ESTIMATES FOR CVN-21 CLASS
OF AIRCRAFT CARRIERS.
(a) Limitation.--
(1) Lead ship.--The total amount obligated or expended from
funds appropriated or otherwise made available for
Shipbuilding and Conversion, Navy, or for any other
procurement account, for the aircraft carrier designated as
CVN-21 may not exceed $10,500,000,000 (as adjusted pursuant
to subsection (b)).
(2) Follow-on ships.--The total amount obligated or
expended from funds appropriated or otherwise made available
for Shipbuilding and Conversion, Navy, or for any other
procurement account, for the construction of any ship that is
constructed in the CVN-21 class of aircraft carriers after
the lead ship of that class may not exceed $8,100,000,000 (as
adjusted pursuant to subsection (b)).
(b) Adjustment of Limitation Amount.--The Secretary of the
Navy may adjust the amount set forth in subsection (a) for
any ship constructed in the CVN-21 class of aircraft carriers
by the following:
(1) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 2006.
(2) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 2006.
(3) The amounts of outfitting costs and post-delivery costs
incurred for that ship.
(4) The amounts of increases or decreases in costs of that
ship that are attributable to insertion of new technology
into that ship, as compared to the technology baseline as it
was defined in the approved acquisition program baseline
estimate of December 2005.
(c) Limitation on Technology Insertion Cost Adjustment.--
The Secretary of the Navy may use the authority under
paragraph (4) of subsection (b) to adjust the amount set
forth in subsection (a) for a ship referred to in that
subsection with respect to insertion of new technology into
that ship only if--
(1) the Secretary determines, and certifies to the
congressional defense committees, that insertion of the new
technology would lower the life-cycle cost of the ship; or
(2) the Secretary determines, and certifies to the
congressional defense committees, that insertion of the new
technology is required to meet an emerging threat and the
Secretary of Defense certifies to those committees that such
threat poses grave harm to national security.
(d) Written Notice of Change in Amount.--
(1) Requirement.--The Secretary of the Navy shall submit to
the congressional defense committees each year, at the same
time that the budget is submitted under section 1105(a) of
title 31, United States Code, for the next fiscal year,
written notice of any change in the amount set forth in
subsection (a) during the preceding fiscal year that the
Secretary has determined to be associated with a cost
referred to in subsection (b).
(2) Effective date.--The requirement in paragraph (1) shall
become effective with the budget request for the year of
procurement of the first ship referred to in subsection (a).
SEC. 123. ADHERENCE TO NAVY COST ESTIMATES FOR LHA
REPLACEMENT AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) Limitation.--The total amount obligated or expended
from funds appropriated or otherwise made available for
Shipbuilding and Conversion, Navy, or for any other
procurement account, for procurement of any ship that is
constructed under the LHA Replacement (LHA(R)) amphibious
assault ship program may not exceed $2,813,600,000 (as
adjusted pursuant to subsection (b)).
(b) Adjustment of Limitation Amount.--The Secretary of the
Navy may adjust the amount set forth in subsection (a) for
any ship constructed under the LHA Replacement amphibious
assault ship program by the following:
(1) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 2006.
(2) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 2006.
(3) The amounts of outfitting costs and post-delivery costs
incurred for that ship.
(4) The amounts of increases or decreases in costs of that
ship that are attributable to insertion of new technology
into that ship, as compared to the technology baseline as it
was defined at the development stage referred to as Milestone
B.
(c) Limitation on Technology Insertion Cost Adjustment.--
The Secretary of the Navy may use the authority under
paragraph (4) of subsection (b) to adjust the amount set
forth in subsection (a) for a ship referred to in that
subsection with respect to insertion of new technology into
that ship only if--
(1) the Secretary determines, and certifies to the
congressional defense committees, that insertion of the new
technology would lower the life-cycle cost of the ship; or
(2) the Secretary determines, and certifies to the
congressional defense committees, that insertion of the new
technology is required to meet an emerging threat and the
Secretary of Defense certifies to those committees that such
threat poses grave harm to national security.
(d) Written Notice of Change in Amount.--
(1) Requirement.--The Secretary of the Navy shall submit to
the congressional defense committees each year, at the same
time that the budget is submitted under section 1105(a) of
title 31, United States Code, for the next fiscal year,
written notice of any change in the amount set forth in
subsection (a) during the preceding fiscal year that the
Secretary has determined to be
[[Page H2387]]
associated with a cost referred to in subsection (b).
(2) Effective date.--The requirement in paragraph (1) shall
become effective with the budget request for the year of
procurement of the first ship referred to in subsection (a).
SEC. 124. ADHERENCE TO NAVY COST ESTIMATES FOR SAN ANTONIO
(LPD-17) CLASS AMPHIBIOUS SHIP PROGRAM.
(a) Limitation.--
(1) Procurement cost.--The total amount obligated or
expended from funds appropriated or otherwise made available
for Shipbuilding and Conversion, Navy, or for any other
procurement account, for the San Antonio-class amphibious
ships designated as LPD-18, LPD-19, LPD-20, LPD-21, LPD-22,
LPD-23, LPD-24, and LPD-25 may not exceed the amount for each
such vessel specified in paragraph (2) (those specified
amounts being the estimated total procurement end cost of
those vessels, respectively, in the fiscal year 2007 budget):
(2) Specified cost limit by vessel.--The limitation under
this subsection for each vessel specified in paragraph (1) is
the following:
(A) For the LPD-18 ship, $1,111,310,000 (as adjusted
pursuant to subsection (b)).
(B) For the LPD-19 ship, $1,137,400,000 (as adjusted
pursuant to subsection (b)).
(C) For the LPD-20 ship, $1,004,600,000 (as adjusted
pursuant to subsection (b)).
(D) For the LPD-21 ship, $1,126,966,000 (as adjusted
pursuant to subsection (b)).
(E) For the LPD-22 ship, $1,246,736,000 (as adjusted
pursuant to subsection (b)).
(F) For the LPD-23 ship, $1,191,230,000 (as adjusted
pursuant to subsection (b)).
(G) For the LPD-24 ship, $1,333,001,000 (as adjusted
pursuant to subsection (b)).
(H) For the LPD-25 ship, $1,671,800,000 (as adjusted
pursuant to subsection (b)).
(b) Adjustment of Limitation Amounts.--The Secretary of the
Navy may adjust the amount set forth in subsection (a) for
any ship specified in that subsection by the following:
(1) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 2006.
(2) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 2006.
(3) The amounts of outfitting costs and post-delivery costs
incurred for that ship.
(4) The amounts of increases or decreases in costs of that
ship that are attributable to insertion of new technology
into that ship, as compared to the technology built into the
U.S.S. San Antonio (LPD-17), the lead ship of the LPD-17
class.
(c) Limitation on Technology Insertion Cost Adjustment.--
The Secretary of the Navy may use the authority under
paragraph (4) of subsection (b) to adjust the amount set
forth in subsection (a) for any LPD-17 class ship with
respect to insertion of new technology into that ship only
if--
(1) the Secretary determines, and certifies to the
congressional defense committees, that insertion of the new
technology would lower the life-cycle cost of the ship; or
(2) the Secretary determines, and certifies to the
congressional defense committees, that insertion of the new
technology is required to meet an emerging threat and the
Secretary of Defense certifies to those committees that such
threat poses grave harm to national security.
(d) Written Notice of Change in Amount.--
(1) Requirement.--The Secretary of the Navy shall submit to
the congressional defense committees each year, at the same
time that the budget is submitted under section 1105(a) of
title 31, United States Code, for the next fiscal year,
written notice of any change in the amount set forth in
subsection (a) during the preceding fiscal year that the
Secretary has determined to be associated with a cost
referred to in subsection (b).
(2) Effective date.--The requirement in paragraph (1) shall
become effective with the budget request for the year of
procurement of the first ship referred to in subsection (a).
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR V-22 TILTROTOR
AIRCRAFT PROGRAM.
The Secretary of the Navy, in accordance with section 2306b
of title 10, United States Code, and acting as executive
agent for the Secretary of the Air Force and the commander of
the United States Special Operations Command, may enter into
a multiyear contract, beginning with the fiscal year 2008
program year, for procurement of V-22 tiltrotor aircraft. The
total number of aircraft procured through a multiyear
contract under this section may not exceed 211, of which not
more than 185 may be in the MV-22 configuration and not more
than 26 may be in the CV-22 configuration.
SEC. 126. QUALITY CONTROL IN PROCUREMENT OF SHIP CRITICAL
SAFETY ITEMS AND RELATED SERVICES.
(a) In General.--
(1) Quality control policy.--Chapter 633 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7317. Ship critical safety items and related services:
quality control in procurement
``(a) Quality Control Policy.--The Secretary of Defense
shall prescribe in regulations a quality control policy for
the procurement of--
``(1) ship critical safety items; and
``(2) modifications, repair, and overhaul of ship critical
safety items.
``(b) Content of Regulations.--The policy set forth in the
regulations under subsection (a) shall include the following
requirements:
``(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
ship critical safety 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 that is on a qualified manufacturers list
or is approved by the design control activity in accordance
with section 2319 of this title.
``(3) That the ship critical safety items delivered, and
the services performed with respect to ship critical safety
items, meet all technical and quality requirements specified
by the design control activity.
``(c) Definitions.--In this section:
``(1) The term `ship critical safety item' means any part,
assembly, or support equipment of a vessel that contains a
critical characteristic the failure, malfunction, or absence
of which may cause a catastrophic or critical failure
resulting in loss or serious damage to the vessel or
unacceptable risk of personal injury or loss of life.
``(2) The term `design control activity', with respect to a
ship critical safety item, means the systems command of a
military department that is specifically responsible for
ensuring the seaworthiness of a ship system or equipment in
which the item is to be used.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``7317. Ship critical safety items and related services: quality
control in procurement.''.
(b) 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' has the meaning
given that term in section 7317(c) of this title.''; and
(C) in paragraph (3) (as redesignated)--
(i) by inserting ``or a ship critical safety item'' after
``aviation critical safety item'' the first place it appears;
and
(ii) by inserting ``, or the seaworthiness of a ship system
or equipment,'' after ``equipment''.
SEC. 127. DD(X) NEXT-GENERATION DESTROYER PROGRAM.
(a) Funding Authorized.--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 is
available for the DD(X) Next-Generation Destroyer program.
(b) Contract Authority.--The Secretary of the Navy may
enter into two contracts during fiscal year 2007 for the
DD(X) Next-Generation Destroyer program. The contracts shall
be entered into with two different shipbuilders. One such
contract shall provide for procurement of a DD(X) Next-
Generation destroyer, including detail design and
construction. The other contract shall provide only for
detail design of a DD(X) Next-Generation destroyer. The two
contracts shall be awarded simultaneously.
SEC. 128. SENSE OF CONGRESS THAT THE NAVY MAKE GREATER USE OF
NUCLEAR-POWERED PROPULSION SYSTEMS IN ITS
FUTURE FLEET OF SURFACE COMBATANTS.
(a) Findings.--Congress makes the following findings:
(1) Securing and maintaining access to affordable and
plentiful sources of energy is a vital national security
interest for the United States.
(2) The Nation's dependence upon foreign oil is a threat to
national security due to the inherently volatile nature of
the global oil market and the political instability of some
of the world's largest oil producing states.
(3) Given the recent increase in the cost of crude oil,
which cannot realistically be expected to improve over the
long term, other energy sources must be seriously considered.
(b) Sense of Congress.--In light of the findings in
subsection (a), it is the sense of Congress that the Navy
should make greater use of alternative technologies,
including nuclear power, as a means of vessel propulsion for
its future fleet of surface combatants.
Subtitle D--Air Force Programs
SEC. 131. REQUIREMENT FOR B-52 FORCE STRUCTURE.
(a) Requirement.--Before the date specified in subsection
(b), the Secretary of the Air Force--
(1) may not retire any B-52 aircraft, other than the
aircraft with tail number 61-0025; and
(2) shall maintain not less than 44 such aircraft as
combat-coded aircraft.
(b) Termination.--For purposes of subsection (a), the date
specified in this subsection is the earlier of--
(1) January 1, 2018; and
(2) the date as of which a long-range strike replacement
aircraft with equal or greater capability than the B-52H
model aircraft has attained initial operational capability
status.
SEC. 132. STRATEGIC AIRLIFT FORCE STRUCTURE.
(a) Required Force Structure.--
(1) Minimum number of aircraft.--Effective October 1, 2008,
the Secretary of the Air Force shall maintain a total
aircraft inventory of strategic airlift aircraft of not less
than 299 aircraft.
(2) Definitions.--For purposes of this subsection:
(A) The term ``strategic airlift aircraft'' means an
aircraft that has a cargo capacity of at least 150,000 pounds
and that is capable of transporting outsized cargo an
unrefueled range of at least 2,400 nautical miles.
(B) The term ``outsized cargo'' means any single item of
equipment that exceeds 1,090 inches in length, 117 inches in
width, or 105 inches in height.
(b) Repeal of Limitation on Retirement of C-5 Aircraft.--
Section 132 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1411) is
repealed.
[[Page H2388]]
SEC. 133. LIMITATION ON RETIREMENT OF U-2 AIRCRAFT.
(a) Fiscal Year 2007.-- The Secretary of the Air Force may
not retire any U-2 aircraft of the Air Force in fiscal year
2007.
(b) Years After Fiscal Year 2007.--After fiscal year 2007,
the Secretary of the Air Force may retire a U-2 aircraft only
if the Secretary of Defense certifies to Congress that the U-
2 intelligence, surveillance, and reconnaissance (ISR)
capability provided by the U-2 aircraft no longer contributes
to mitigating any gaps in ISR capabilities identified in the
2006 Quadrennial Defense Review. No action may be taken by
the Department of Defense to retire (or to prepare to retire)
any U-2 aircraft--
(1) before such a certification is submitted to Congress;
or
(2) during the 60-day period beginning on the date on which
such a certification is submitted.
SEC. 134. MULTIYEAR PROCUREMENT AUTHORITY FOR F-22A RAPTOR
FIGHTER AIRCRAFT.
(a) Multiyear Authority.--The Secretary of the Air Force
may enter into a multiyear contract for the procurement of up
to 60 F-22A Raptor fighter aircraft beginning with the 2007
program year,
(b) Compliance With Law Applicable to Multiyear
Contracts.--A contract under subsection (a) for the
procurement of F-22A aircraft shall be entered into in
accordance with section 2306b of title 10, United States
Code, except that, notwithstanding subsection (k) of that
section, such a contract may not be for a period in excess of
three program years.
(c) Required Certifications.--In the case of a contract
under subsection (a) for the procurement of F-22A aircraft, a
certification under subsection (i)(1)(A) of section 2306b of
title 10, United States Code, with respect to that contract
may only be submitted if the certification includes an
additional certification that each of the conditions
specified in subsection (a) of that section has been
satisfied with respect to that contract.
(d) Notice-and-Wait Requirement.--Upon submission to
Congress of a certification referred to in subsection (c)
with respect to a proposed contract under subsection (a) for
the procurement of F-22A aircraft, the contract may then be
entered into only after a period of 30 days has elapsed after
the date of the submission of the certification.
SEC. 135. LIMITATION ON RETIREMENT OF KC-135E AIRCRAFT DURING
FISCAL YEAR 2007.
(a) Limitation.--The number of KC-135E aircraft retired by
the Secretary of the Air Force during fiscal year 2007 may
not exceed 29.
(b) Treatment of Retired Aircraft.--The Secretary of the
Air Force shall maintain each KC-135E aircraft that is
retired by the Secretary after September 30, 2006, in a
condition that would allow recall of that aircraft to future
service in the Air Force Reserve, Air National Guard, or
active forces aerial refueling force structure.
SEC. 136. LIMITATION ON RETIREMENT OF F-117A AIRCRAFT DURING
FISCAL YEAR 2007.
(a) Limitation.--The number of F-117A aircraft retired by
the Secretary of the Air Force during fiscal year 2007 may
not exceed 10.
(b) Treatment of Retired Aircraft.--The Secretary of the
Air Force shall maintain each F-117A aircraft that is retired
by the Secretary after September 30, 2006, in a condition
that would allow recall of that aircraft to future service.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Alternate engine for Joint Strike Fighter.
Sec. 212. Extension of authority to award prizes for advanced
technology achievements.
Sec. 213. Extension of Defense Acquisition Challenge Program.
Sec. 214. Future Combat Systems milestone review.
Sec. 215. Independent cost analyses for Joint Strike Fighter engine
program.
Sec. 216. Dedicated amounts for implementing or evaluating DD(X) and
CVN-21 proposals under Defense Acquisition Challenge
Program.
Subtitle C--Ballistic Missile Defense
Sec. 221. Fielding of ballistic missile defense capabilities.
Sec. 222. Limitation on use of funds for space-based interceptor.
Subtitle D--Other Matters
Sec. 231. Review of test and evaluation policies and practices to
address emerging acquisition approaches.
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, $10,932,209,000.
(2) For the Navy, $17,377,769,000.
(3) For the Air Force, $24,810,041,000.
(4) For Defense-wide activities, $20,944,559,000, of which
$181,520,000 is authorized for the Director of Operational
Test and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2007.--Of the amounts authorized to be
appropriated by section 201, $11,735,555,000 shall be
available for the Defense Science and Technology Program,
including basic research, applied research, and advanced
technology development projects.
(b) Basic Research, Applied Research, and Advanced
Technology Development Defined.--For purposes of this
section, the term ``basic research, applied research, and
advanced technology development'' means work funded in
program elements for defense research and development under
Department of Defense category 6.1, 6.2, or 6.3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. ALTERNATE ENGINE FOR JOINT STRIKE FIGHTER.
Of the funds authorized to be appropriated for the
Departments of the Navy and Air Force for the system
development and demonstration program for the Joint Strike
Fighter, not less than $408,000,000 shall be obligated for
continued development of an alternate engine for the Joint
Strike Fighter.
SEC. 212. EXTENSION OF AUTHORITY TO AWARD PRIZES FOR ADVANCED
TECHNOLOGY ACHIEVEMENTS.
Section 2374a(f) of title 10, United States Code, is
amended by striking ``September 30, 2007'' and inserting
``September 30, 2010''.
SEC. 213. EXTENSION OF DEFENSE ACQUISITION CHALLENGE PROGRAM.
(a) Extension.--Section 2359b of title 10, United States
Code, is amended by striking subsection (j).
(b) Confidentiality.--Such section is further amended in
subsection (g)--
(1) by amending the heading to read as follows: ``Conflicts
of Interest and Confidentiality.--''; and
(2) by inserting before the period at the end the
following: ``and that the identity of any person or activity
submitting a challenge proposal is not disclosed outside the
Federal Government without the consent of the person or
activity''.
SEC. 214. FUTURE COMBAT SYSTEMS MILESTONE REVIEW.
(a) Milestone Review Required.--After the preliminary
design review of the Future Combat Systems program, but in no
event later than the end of fiscal year 2008, the Secretary
of Defense shall carry out a Defense Acquisition Board
milestone review of the Future Combat Systems program. The
milestone review shall include an assessment as to each of
the following:
(1) Whether the warfighter's needs are valid and can be
best met with the concept of the program.
(2) Whether the concept of the program can be developed and
produced within existing resources.
(3) Whether the program should continue.
(b) Determinations to Be Made in Assessing Whether Program
Should Continue.--In making the assessment required by
subsection (a)(3), the Secretary shall make a determination
with respect to each of the following:
(1) Whether each critical technology for the program is at
least Technical Readiness Level 6.
(2) For each system and network component of the program,
what the key design and technology risks are, based on System
Functional Reviews, Preliminary Design Reviews, and Technical
Readiness Levels.
(3) Whether actual demonstrations, rather than simulations,
have shown that the concept of the program will work.
(4) Whether actual demonstrations, rather than plans, have
shown that the software for the program is functional.
(5) What the cost estimate for the program is.
(6) What the affordability assessment for the program is,
based on that cost estimate.
(c) Report.--The Secretary shall submit to the
congressional defense committees a report on the findings and
conclusions of the milestone review required by subsection
(a). The report shall include, and display, each of the
assessments required by subsection (a) and each of the
determinations required by subsection (b).
(d) Restriction on Funds Effective Fiscal 2009.--For fiscal
years beginning with 2009, the Secretary may not obligate any
funds for the Future Combat Systems program until after the
report required by subsection (c) is submitted.
SEC. 215. INDEPENDENT COST ANALYSES FOR JOINT STRIKE FIGHTER
ENGINE PROGRAM.
(a) Independent Cost Analyses.--A comprehensive and
detailed cost analysis of the Joint Strike Fighter engine
program shall be independently performed by the Comptroller
General and by the Secretary of Defense, acting through the
Cost Analysis Improvement Group of the Office of the
Secretary of Defense. The cost analysis shall cover--
(1) an alternative under which the aircraft are capable of
using the F135 engine only;
(2) an alternative under which the aircraft are capable of
using either the F135 engine or the F136 engine, and is
carried out on a competitive basis; and
(3) any other alternative, whether competitive or sole
source, that would reduce total life-cycle cost, improve
program schedule, or both.
(b) Reports.--Not later than March 15, 2007, each official
specified in subsection (a) shall independently submit to the
congressional defense committees a report on the cost
analysis carried out by that official under subsection (a).
Each report shall include each of the following matters:
(1) The key assumptions used in carrying out the cost
analysis.
(2) The methodology and techniques used in carrying out the
cost analysis.
(3) For each alternative under subsection (a)--
(A) a comparison of the life-cycle costs, including costs
in current and constant collars and a net-present-value
analysis; and
(B) estimates of--
(i) supply, maintenance, and other operations manpower
required to support the alternative;
[[Page H2389]]
(ii) the number of flight hours required to achieve engine
maturity and in what year that is expected to be achieved;
and
(iii) the total number of engines expected to be procured
over the lifetime of the Joint Strike Fighter program.
(4) The acquisition strategies that were used for, and the
experience with respect to cost, schedule, and performance
under past acquisition programs for engines for tactical
fighter aircraft, including the F-15, F-16, F-18, and F-22.
(5) A comparison of the experiences under past engine
acquisition programs carried out on a sole-source basis, and
those carried out on a competitive basis, with respect to
performance, savings, maintainability, reliability, and
technical innovation.
(6) Conclusions and recommendations.
(c) Certification by Comptroller General.--In submitting
the report required by subsection (b), the Comptroller
General shall also submit a certification as to whether the
Comptroller General had access to sufficient information to
enable the Comptroller General to make informed judgments on
the matters required to be included in the report.
(d) Life-Cycle Costs Defined.--In this section, the term
``life-cycle costs'' includes those elements of cost 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 also includes good-faith
estimates of routine engine costs, such as performance
upgrades and component improvement, that historically have
occurred in tactical fighter engine programs.
SEC. 216. DEDICATED AMOUNTS FOR IMPLEMENTING OR EVALUATING
DD(X) AND CVN-21 PROPOSALS UNDER DEFENSE
ACQUISITION CHALLENGE PROGRAM.
(a) Amounts Required.--Of the amounts appropriated pursuant
to the authorization of appropriations in section 201(4) for
research, development, test, and evaluation, Defense-wide,
$4,000,000 shall be available only to implement or evaluate
challenge proposals specified in subsection (b).
(b) Challenge Proposals Covered.--A challenge proposal
referred to in subsection (a) is a proposal under the Defense
Acquisition Challenge Program established by section 2359b of
title 10, United States Code, that relates to--
(1) the DD(X) next-generation destroyer program; or
(2) the CVN-21 next-generation aircraft carrier program.
Subtitle C--Ballistic Missile Defense
SEC. 221. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.
Upon approval by the Secretary of Defense, funds authorized
to be appropriated for fiscal years 2007 and 2008 for
research, development, test, and evaluation for the Missile
Defense Agency may be used for the development and fielding
of ballistic missile defense capabilities.
SEC. 222. LIMITATION ON USE OF FUNDS FOR SPACE-BASED
INTERCEPTOR.
(a) Limitation.--No funds appropriated or other wise made
available to the Department of Defense may be obligated or
expended for the testing or deployment of a space-based
interceptor until 90 days after the date on which a report
described in subsection (c) is submitted.
(b) Space-Based Interceptor Defined.--For purposes of this
section, the term ``space-based interceptor'' means a kinetic
or directed energy weapon that is stationed on a satellite or
orbiting platform and that is intended to destroy another
satellite in orbit or a ballistic missile launched from
earth.
(c) Report.--A report described in this subsection is a
report prepared by the Director of the Missile Defense Agency
and submitted to the congressional defense committees
containing the following:
(1) A description of the essential components of a proposed
space-based interceptor system, including a description of
how the system proposed would enhance or complement other
missile defense systems.
(2) An estimate of the acquisition and life-cycle cost of
the system described under paragraph (1), including lift cost
and periodic replacement cost due to depreciation and
attrition.
(3) An analysis of the vulnerability of such a system to
counter-measures, including direct ascent and co-orbital
interceptors, and an analysis of the functionality of such a
system in the aftermath of a nuclear detonation in space.
(4) A projection of the foreign policy and national
security implications of a space-based interceptor program,
including the probable response of United States adversaries
and United States allies.
Subtitle D--Other Matters
SEC. 231. REVIEW OF TEST AND EVALUATION POLICIES AND
PRACTICES TO ADDRESS EMERGING ACQUISITION
APPROACHES.
(a) Revision to Report Requirement.--Section 2399(b)(2)(B)
of title 10, United States Code, is amended by striking
``tested are effective and suitable for combat'' and
inserting the following: ``tested--
``(i) are effective and suitable for combat in accordance
with the users' standards for effectiveness and suitability
as reflected in the requirements process; or
``(ii) are operationally acceptable under certain
restricted conditions, as delineated by the Director.''.
(b) Review of Test and Evaluation Policies.--
(1) In general.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics, in coordination with
the Director of Operational Test and Evaluation and the
Director of the Defense Test Resource Management Center,
shall conduct a review of test and evaluation policies and
practices of the Department of Defense and issue such new or
revised guidance as may be necessary to address emerging
acquisition approaches.
(2) Issues to be addressed.--The issues to be addressed by
the Under Secretary in the review under paragraph (1) shall
include, at a minimum, appropriate polices and practices
for--
(A) ensuring the adequacy and the expediency of test and
evaluation activities with regard to--
(i) items that are acquired pursuant to the rapid
acquisition authority in section 806 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (10
U.S.C. 2302 note);
(ii) programs that are conducted pursuant to the spiral
development authority in section 803 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (10
U.S.C. 2430 note) (or other authority for the conduct of
incremental acquisition programs) ;
(iii) systems that are acquired pursuant to other emerging
acquisition approaches, as approved by the Under Secretary;
and
(iv) materiel that is not subject to the operational test
and evaluation requirements in sections 2366 and 2399 of
title 10, United States Code, but which may require limited
operational test and evaluation for the purposes of ensuring
the safety and realistic survivability of the materiel and
the personnel using the materiel; and
(B) the appropriate use, if any, of operational test and
evaluation resources to assess technology readiness levels
for purposes of section 2366a of title 10, United States
Code, and other applicable technology readiness requirements.
(c) Inclusion of Testing Needs in Strategic Plan.--The
Director of the Defense Test Resource Management Center shall
ensure that the strategic plan for Department of Defense test
and evaluation resources required by section 196 of title 10,
United States Code--
(1) reflects any testing needs of the Department of Defense
that are identified in the review under paragraph (1); and
(2) includes an assessment of the test and evaluation
facilities, resources, and budgets that will be required to
meet such needs.
(d) Report.--Not later than nine months after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the
congressional defense committees a report on the review
conducted, and any new or revised guidance issued, pursuant
to subsection (b).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense Programs.
Subtitle B--Environmental Provisions
Sec. 311. Revision of requirement for unexploded ordnance program
manager.
Sec. 312. Identification and monitoring of military munitions disposal
sites in ocean waters extending from United States coast
to outer boundary of outer Continental Shelf.
Sec. 313. Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund
Site, Moses Lake, Washington.
Sec. 314. Funding of cooperative agreements under environmental
restoration program.
Sec. 315. Analysis and report regarding contamination and remediation
responsibility for Norwalk Defense Fuel Supply Point,
Norwalk, California.
Subtitle C--Workplace and Depot Issues
Sec. 321. Extension of exclusion of certain expenditures from
percentage limitation on contracting for depot-level
maintenance.
Sec. 322. Minimum capital investment for Air Force depots.
Sec. 323. Extension of temporary authority for contractor performance
of security guard functions.
Subtitle D--Reports
Sec. 331. Report on Nuclear Attack Submarine Depot Maintenance.
Sec. 332. Report on Navy Fleet Response Plan.
Sec. 333. Report on Navy surface ship rotational crew programs.
Sec. 334. Report on Army live-fire ranges in Hawaii.
Sec. 335. Comptroller General report on joint standards and protocols
for access control systems at Department of Defense
installations.
Sec. 336. Report on Personnel Security Investigations for Industry and
National Industrial Security Program.
Subtitle E--Other Matters
Sec. 341. Department of Defense strategic policy on prepositioning of
materiel and equipment.
Sec. 342. Authority to make Department of Defense horses available for
adoption at end of useful working life.
Sec. 343. Sale and use of proceeds of recyclable munitions materials.
Sec. 344. Capital security cost sharing.
Sec. 345. Prioritization of funds within Navy mission operations, ship
maintenance, combat support forces, and weapons system
support.
Sec. 346. Prioritization of funds within Army reconstitution and
transformation.
[[Page H2390]]
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, $24,920,735,000.
(2) For the Navy, $31,089,075,000.
(3) For the Marine Corps, $3,974,081,000.
(4) For the Air Force, $31,098,957,000.
(5) For Defense-wide activities, $19,876,763,000.
(6) For the Army Reserve, $2,300,102,000.
(7) For the Naval Reserve, $1,288,764,000.
(8) For the Marine Corps Reserve, $211,911,000.
(9) For the Air Force Reserve, $2,723,800,000.
(10) For the Army National Guard, $5,089,565,000.
(11) For the Air National Guard, $5,336,017,000.
(12) For the United States Court of Appeals for the Armed
Forces, $11,721,000.
(13) For Environmental Restoration, Army, $413,794,000.
(14) For Environmental Restoration, Navy, $304,409,000.
(15) For Environmental Restoration, Air Force,
$423,871,000.
(16) For Environmental Restoration, Defense-wide,
$18,431,000.
(17) For Environmental Restoration, Formerly Used Defense
Sites, $242,790,000.
(18) For Overseas Humanitarian, Disaster, and Civic Aid
programs, $63,204,000.
(19) For Cooperative Threat Reduction programs,
$372,128,000.
(20) For the Overseas Contingency Operations Transfer Fund,
$10,000,000.
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, $180,498,000.
(2) For the National Defense Sealift Fund, $1,138,732,000.
(3) For the Defense Working Capital Fund, Defense
Commissary, $1,184,000,000.
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, in the amount of $21,226,521,000, of
which--
(1) $20,699,563,000 is for Operation and Maintenance;
(2) $130,603,000 is for Research, Development, Test, and
Evaluation; and
(3) $396,355,000 is for Procurement.
(b) 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, in the amount of $926,890,000.
(c) 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,
in the amount of $216,297,000, of which--
(1) $214,897,000 is for Operation and Maintenance;
(2) $1,400,000 is for Procurement; and
(3) $0 is for Research, Development, Test, and Evaluation.
Subtitle B--Environmental Provisions
SEC. 311. REVISION OF REQUIREMENT FOR UNEXPLODED ORDNANCE
PROGRAM MANAGER.
Section 2701(k) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``establish'' and inserting ``designate'';
(B) by inserting ``research,'' after ``characterization,'';
and
(C) by adding at the end the following: ``The position of
program manager shall be filled by--
``(A) in the case of an employee, an employee in a position
that is equivalent to pay grade O-6 or above; or
``(B) in the case of a member of the armed forces, a
commissioned officer of the Army, Navy, Air Force, or Marine
Corps who is serving in the grade of colonel, or in the case
of the Navy, captain, or a higher grade.''; and
(2) by striking paragraph (2) and inserting the following:
``(2) The program manager shall report to the Deputy Under
Secretary of Defense for Installations and Environment.''.
SEC. 312. IDENTIFICATION AND MONITORING OF MILITARY MUNITIONS
DISPOSAL SITES IN OCEAN WATERS EXTENDING FROM
UNITED STATES COAST TO OUTER BOUNDARY OF OUTER
CONTINENTAL SHELF.
(a) Identification of Military Munitions Disposal Sites.--
(1) Review of historical records.--The Secretary of Defense
shall conduct a review of historical records to determine--
(A) the number and probable locations of sites where the
Armed Forces disposed of military munitions within covered
United States ocean waters;
(B) the size of the disposal sites; and
(C) the types and quantities of military munitions disposed
of at the sites.
(2) Cooperation.--The Secretary shall request the
assistance of the Coast Guard, the National Oceanic and
Atmospheric Administration, and other relevant Federal
agencies in conducting the review required by this
subsection.
(3) Release of information.--The Secretary shall
periodically release, but no less often than annually,
information obtained during the review conducted under this
subsection. The Secretary may withhold from public release
information about the exact nature and location of a disposal
site if the Secretary determines that the potential
unauthorized retrieval of military munitions at the site
could pose a significant threat to national defense or public
safety.
(4) Reporting requirements.--The Secretary shall include
the information obtained during a year through the review
conducted under this subsection in the report submitted to
Congress under section 2706(a) of title 10, United States
Code, for the same year.
(b) Identification of Navigational and Safety Hazards.--
(1) Information for nautical charts and other navigational
materials.--The Secretary shall share information obtained
through the review conducted under subsection (a) with the
Secretary of Commerce to assist the National Oceanic and
Atmospheric Administration in preparing nautical charts and
other navigational materials for covered United States ocean
waters to identify known or probable hazards from disposed
military munitions.
(2) Information for users.--The Secretary shall continue
activities to inform potentially affected users of the ocean
environment, and particularly fishing operations, of the
possible hazards from contact with military munitions and the
proper methods to mitigate such hazards.
(c) Research.--
(1) In general.--The Secretary shall conduct research on
the effects of military munitions disposed of in covered
United States ocean waters.
(2) Specified research efforts.--The research conducted
under this subsection shall include the following:
(A) The sampling and analysis of ocean waters and seabeds
at or adjacent to the military munitions disposal sites
selected by the Secretary under paragraph (4).
(B) The investigation into the long-term effects of
seawater exposure on military munitions, particularly
chemical munitions.
(C) The development of effective safety measures when
dealing with military munitions disposed of in seawater.
(3) Research methods.--In conducting research under this
subsection, the Secretary may make grants to, and enter into
cooperative agreements with, qualified research entities, as
determined by the Secretary.
(4) Research locations.--In conducting research under this
subsection, the Secretary shall ensure that the sampling,
analysis, and investigations are conducted at reasonably
representative sites applying factors such as depth, water
temperature, nature of the military munitions present, and
relative proximity to shore populations. The Secretary shall
select at least two representative sites from each of the
following areas:
(A) Along the Atlantic coast.
(B) Along the Pacific coast (including the coast of
Alaska).
(C) Off the shore of the Hawaiian Islands.
(d) Monitoring.--If research conducted under subsection (c)
at a military munitions disposal site indicates that the
disposed military munitions have caused or may be causing
contamination of ocean waters or seabeds, the Secretary shall
institute appropriate monitoring mechanisms at that site to
recognize and track the potential release of contamination
into the ocean waters from military munitions.
(e) Definitions.--In this Act:
(1) The term ``coast line'' has the same meaning given that
term in section 2 of the Submerged Lands Act (43 U.S.C.
1301).
(2) The term ``covered United States ocean waters'' means
that part of the ocean extending from the coast line to the
outer boundary of the outer Continental Shelf.
(3) The term ``military munitions'' has the same meaning
given that term in section 101(e) of title 10, United States
Code.
(4) The term ``outer Continental Shelf'' has the same
meaning given that term in section 2 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331).
(5) The term ``Secretary'' means the Secretary of Defense.
SEC. 313. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY
FOR CERTAIN COSTS IN CONNECTION WITH MOSES LAKE
WELLFIELD SUPERFUND SITE, MOSES LAKE,
WASHINGTON.
(a) Authority to Reimburse.--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 to reimburse the Environmental
Protection Agency for the costs incurred by the Environmental
Protection Agency in overseeing a remedial investigation and
feasibility study performed by the Department of the Army
under the Defense Environmental Restoration Program at the
former Larson Air Force Base, Moses Lake Wellfield Superfund
Site, Moses Lake, Washington. This reimbursement is provided
for in the March 1999 interagency agreement entered into by
the Department of the Army and the Environmental Protection
Agency for the Moses Lake Wellfield Superfund Site.
(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.
[[Page H2391]]
SEC. 314. FUNDING OF COOPERATIVE AGREEMENTS UNDER
ENVIRONMENTAL RESTORATION PROGRAM.
Section 2701(d)(2) of title 10, United States Code, is
amended by adding at the end the following new sentence:
``This two-year limitation does not apply to an agreement
funded using amounts in the Department of Defense Base
Closure Account 1990 or the Department of Defense Base
Closure Account 2005 established under sections 2906 and
2906A of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).''.
SEC. 315. ANALYSIS AND REPORT REGARDING CONTAMINATION AND
REMEDIATION RESPONSIBILITY FOR NORWALK DEFENSE
FUEL SUPPLY POINT, NORWALK, CALIFORNIA.
(a) Analysis Required.--The Secretary of the Air Force
shall conduct a comprehensive analysis on the contamination
and remediation costs of the Norwalk Defense Fuel Supply
Point in Norwalk, California. As part of the analysis, the
Secretary shall--
(1) characterize the contamination at the Norwalk Defense
Fuel Supply Point;
(2) prepare a plan for the remediation of the Norwalk
Defense Fuel Supply Point;
(3) prepare an estimate of anticipated costs to responsible
parties;
(4) prepare a timeline for implementation and completion of
the remediation at the Norwalk Defense Fuel Supply Point;
(5) describe the status of efforts to reach an allocation
agreement of responsibility for remediation of the Norwalk
Defense Fuel Supply Point with all entities that have
contributed to the contamination of the property; and
(6) prepare a plan for removal or conveyance of
infrastructure at the Norwalk Defense Fuel Supply Point,
including costs and responsibility for those costs of
elements of that plan.
(b) Report Required.--Not later than January 30, 2007, the
Secretary shall submit to Congress a report containing the
results of the analysis conducted under subsection (a) and
addressing each of the matters specified in paragraphs (1)
through (6) of such subsection.
(c) Conveyance Requirements.--The Secretary shall not
convey property by public auction at the Norwalk Defense Fuel
Supply Point before such time as the Secretary has--
(1) pursued a fair market transfer of the property to the
City of Norwalk, California, taking into consideration all
contamination of the property;
(2) submitted the report required by subsection (b); and
(3) submitted an additional report to Congress explaining
the efforts undertaken by the Secretary to reach agreement
with the City on the sale of the property, including the
reasons that those efforts were not successful, and 30-days
have elapsed after this report is submitted.
Subtitle C--Workplace and Depot Issues
SEC. 321. EXTENSION OF EXCLUSION OF CERTAIN EXPENDITURES FROM
PERCENTAGE LIMITATION ON CONTRACTING FOR DEPOT-
LEVEL MAINTENANCE.
Section 2474(f)(1) of title 10, United States Code, is
amended by striking ``fiscal years 2003 through 2009'' and
inserting ``fiscal years 2003 through 2014''.
SEC. 322. MINIMUM CAPITAL INVESTMENT FOR AIR FORCE DEPOTS.
(a) Investment Required.--Chapter 803 of title 10, United
States Code, is amended by adding at the end the following
new section:
``Sec. 8025. Minimum capital investment in Air Force depots
``(a) Minimum Investment Requirement.--Each fiscal year,
the Secretary of the Air Force shall invest in the capital
budgets of the depots of the Air Force a total amount equal
to not less than six percent of the total combined revenue of
all the depots of the Air Force for the preceding fiscal
year.
``(b) Waiver.--The Secretary of the Air Force may waive the
requirement under subsection (a) if the Secretary determines
that the waiver is necessary for reasons of national security
and notifies the congressional defense committees.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``8025. Minimum capital investment for Air Force depots.''.
(c) Effective Date.--Section 8025 of title 10, United
States Code, shall apply with respect to fiscal years
beginning after the date of the enactment of this Act.
SEC. 323. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACTOR
PERFORMANCE OF SECURITY GUARD FUNCTIONS.
(a) One-Year Extension.--Section 332(c) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314) is amended by striking ``September 30,
2007'' both places it appears and inserting ``September 30,
2008''.
(b) Report on Contractor Performance of Security-Guard
Functions.--Not later than February 1, 2007, the Secretary of
Defense shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives, a report on contractor performance of
security guard functions under section 332 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314). The report shall include the following:
(1) An explanation of progress made toward implementing
each of the seven recommendations in the Comptroller General
report entitled ``Contract Security Guards: Army's Guard
Program Requires Greater Oversight and Reassessment of
Acquisition Approach'' (GAO-06-284).
(2) An assessment, taking into considerations the
observations made by the GAO on the report of the Department
of Defense of November 2005 that is entitled ``Department of
Defense Installation Security Guard Requirement Assessment
and Plan'', of the following:
(A) The cost-effectiveness of using contractors rather than
Department of Defense employees to perform security-guard
functions.
(B) The performance of contractors employed as security
guards compared with the performance of military personnel
who have served as security guards.
(C) Specific results of on-site visits made by officials
designated by the Secretary of Defense to military
installations using contractors to perform security-guard
functions.
(c) Contract Limitation.--No contract may be entered into
under section 332 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314)
after September 30, 2007, until the report required under
subsection (b) is submitted.
Subtitle D--Reports
SEC. 331. REPORT ON NUCLEAR ATTACK SUBMARINE DEPOT
MAINTENANCE.
(a) Report Required.--Not later than February 1, 2007, the
Secretary of the Navy shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report describing the criteria
used when a nuclear attack submarine is sent to a facility
other than a facility located within 200 miles of the
homeport of the submarine for maintenance described in
subsection (d) when there is a public or private facility
located within 200 miles of the homeport at which the
maintenance required could be conducted.
(b) Contents of Report.--The report required under
subsection (a) shall include the following:
(1) An assessment of the cost of housing for the crew of
the submarine.
(2) The costs associated with traveling to the homeport of
the submarine for official duty.
(3) The treatment of crew time while the submarine is
undergoing nondeployed maintenance work away from the
homeport.
(4) An assessment of the effect that maintenance conducted
away from the homeport of a submarine has on the families of
the members stationed on that submarine.
(5) An analysis of the retention of officers and enlisted
members stationed on the submarine.
(6) An analysis of the use of fixed maintenance crews or
semi-permanent engineering crews for maintenance
availabilities that exceed 13 months.
(c) Restriction on Maintenance Away From Homeport.--
(1) Restriction.--During fiscal year 2007, the Secretary of
the Navy may not conduct maintenance described in subsection
(d) on a nuclear attack submarine at a facility other than a
facility located within 200 miles of the homeport of that
submarine if there is a public or private facility located
within 200 miles of the homeport at which the maintenance
required could be conducted without adversely affecting
operational deployment schedules.
(2) Notification required.--Not later than five days before
maintenance restricted under paragraph (1) is conducted due
to operation deployment schedules, the Secretary of the Navy
shall provide to the congressional defense committees written
notice of the maintenance that is to be conducted and the
justification for conducting that maintenance.
(d) Covered Maintenance.--Maintenance described in this
subsection is any of the following:
(1) Maintenance referred to as selected restricted
availability maintenance.
(2) Maintenance referred to as preinactivation restricted
availability maintenance.
(3) Maintenance referred to as extended selected restricted
availability maintenance.
(4) Maintenance referred to as interim dry dock
availabilities.
SEC. 332. REPORT ON NAVY FLEET RESPONSE PLAN.
(a) Report Required.--Not later than December 1, 2006, the
Secretary of the Navy shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the program of the
Navy referred to as the Fleet Response Plan. The report shall
include the following:
(1) A directive that provides guidance for the conduct of
the Plan and standardizes terms and definitions.
(2) Performance measures for evaluation of the Plan.
(3) Costs and resources needed to achieve objectives of the
Plan.
(4) Operational tests, exercises, war games, experiments,
and deployments used to test performance.
(5) A collection and synthesis of lessons learned from the
implementation of the Plan as of the date on which the report
is submitted.
(6) Evaluation of each of the following with respect to
each ship participating in the Plan:
(A) Combat Readiness.
(B) Ship material condition.
(C) Number of maintenance deficiencies.
(D) Amount of maintenance accomplished while underway.
(E) Amount of maintenance accomplished at pier dockings.
(F) Number of voyage repairs during each deployment.
(G) Combat skills training requirements accomplished during
a deployment and at the home station.
(H) Professional development training requirements
accomplished during a deployment and at home station.
(I) Crew retention statistics.
(7) Any proposed changes to the Surface Force Training
Manual.
(8) The amount of funding required to effectively implement
the operations and maintenance requirements of the Plan and
the effect of providing funding in an amount less than that
amount.
[[Page H2392]]
(9) Any recommendations of the Secretary of the Navy with
respect to expanding the Plan to include Expeditionary Strike
Groups.
(b) Comptroller General Report.--Not later than March 15,
2007, the Comptroller General shall submit to the
congressional defense committees a report containing a review
of the Navy report required under subsection (a). The report
shall include the following:
(1) An examination of the management approaches of the Navy
in implementing the Fleet Response Plan.
(2) An assessment of the adequacy of Navy directives and
guidance with respect to maintenance and training
requirements and procedures.
(3) An analysis and assessment of the adequacy of the
Navy's test, exercises, and evaluation criteria.
(4) An evaluation of Navy data on aircraft carriers,
destroyers, and cruisers that participated in the Fleet
Response Plan with respect to readiness, response time, and
availability for routine or unforeseen deployments.
(5) An assessment of the Navy's progress in identifying the
amount of funding required to effectively implement the
operations and maintenance requirements of the Fleet Response
Plan and the effect of providing funding in an amount less
than that amount.
(6) Any recommendations of the Comptroller General with
respect to expanding the Fleet Response Plan to include
Expeditionary Strike Groups.
(c) Postponement of Expansion.--The Secretary of the Navy
may not expand the implementation of the Fleet Response Plan
beyond the Carrier Strike Groups until October 1, 2007.
SEC. 333. REPORT ON NAVY SURFACE SHIP ROTATIONAL CREW
PROGRAMS.
(a) Report Required.--Not later than April 1, 2007, the
Secretary of the Navy shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on the ship rotational
crew experiment referred to in subsection (c)(1). The report
shall include the following:
(1) A comparison between the three destroyers participating
in that experiment and destroyers not participating in the
experiment that takes into consideration each of the
following:
(A) Cost-effectiveness, including a comparison of travel
and per diem expenses, maintenance costs, and other costs.
(B) Maintenance procedures, impacts, and deficiencies,
including the number and characterization of maintenance
deficiencies, the extent of voyage repairs, post-deployment
assessments of the material condition of the ships, and the
extent to which work levels were maintained.
(C) Mission training requirements.
(D) Professional development requirements and
opportunities.
(E) Liberty port of call opportunities.
(F) Movement and transportation of crew.
(G) Inventory and property accountability.
(H) Policies and procedures for assigning billets for
rotating crews.
(I) Crew retention statistics.
(J) Readiness and mission capability data.
(2) Results from surveys administered or focus groups held
to obtain representative views from commanding officers,
officers, and enlisted members on the effects of rotational
crew experiments on quality of life, training, professional
development, maintenance, mission effectiveness, and other
issues.
(3) The extent to which standard policies and procedures
were developed and used for participating ships.
(4) Lessons learned from the destroyer experiment.
(5) An assessment from the combatant commanders on the crew
mission performance when deployed.
(6) An assessment from the commander of the Fleet Forces
Command on the material condition, maintenance, and crew
training of each participating ship.
(7) Any recommendations of the Secretary of the Navy with
respect to the extension of the ship rotational crew
experiment or the implementation of the experiment for other
surface vessels.
(b) Postponement of Implementation.--The Secretary of the
Navy may not begin implementation of any new surface ship
rotational crew experiment or program during the period
beginning on the date of the enactment of this Act and ending
on October 1, 2009.
(c) Treatment of Existing Experiments.--
(1) Destroyer experiment.--Not later than January 1, 2007,
the Secretary of the Navy shall terminate the existing ship
rotational crew experiment involving the U.S.S. Gonzalez
(DDG-66), the U.S.S. Stout (DDG-55), and the U.S.S. Laboon
(DDG-58) that is known as the ``sea swap''.
(2) Patrol coastal class ship experiment.--The Secretary of
the Navy may continue the existing ship rotational crew
program that is currently in use by overseas-based Patrol
Coastal class ships.
(d) Comptroller General Report.--Not later than July 15,
2007, the Comptroller General shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the ship
rotational crew experiment referred to in subsection (c)(1).
The report shall include the following:
(1) A review of the report submitted by the Secretary of
the Navy under subsection (a) and an assessment of the extent
to which the Secretary fully addressed costs, quality of
life, training, maintenance, and mission effectiveness, and
other relevant issues in that report.
(2) An assessment of the extent to which the Secretary
established and applied a comprehensive framework for
assessing the use of ship rotational crew experiments,
including formal objectives, metrics, and methodology for
assessing the cost-effectiveness of such experiments.
(3) An assessment of the extent to which the Secretary
established effective guidance for the use of ship rotational
crew experiments.
(4) Lessons learned from recent ship rotational crew
experiments and an assessment of the extent to which the Navy
systematically collects and shares lessons learned.
(e) Congressional Budget Office Report.--Not later than
July 15, 2007, the Director of the Congressional Budget
Office shall submit a report to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives on the long-term implications of
the use of crew rotation on Navy ships on the degree of
forward presence provided by Navy ships. The report shall
include the following:
(1) An analysis of different approaches to crew rotation
and the degree of forward presence each approach would
provide.
(2) A comparison of the degree of forward presence provided
by the fleet under the long-term shipbuilding plan of the
Navy with and without the widespread use of crew rotation.
(3) The long-term benefits and costs of using crew rotation
on Navy ships.
SEC. 334. REPORT ON ARMY LIVE-FIRE RANGES IN HAWAII.
Not later than March 1, 2007, the Secretary of the Army
shall submit to Congress a report on the adequacy of the
live-fire ranges of the Army in the State of Hawaii with
respect to current and future training requirements. The
report shall include the following:
(1) An evaluation of the capacity of the existing live-fire
ranges to meet the training requirements of the Army,
including the training requirements of Stryker Brigade Combat
Teams.
(2) A description of any existing plan to modify or expand
any range in Hawaii for the purpose of meeting anticipated
live-fire training requirements.
(3) A description of the current live-fire restrictions at
the Makua Valley range and the effect of these restrictions
on unit readiness.
(4) Cost and schedule estimates for the construction of new
ranges or the modification of existing ranges that are
necessary to support future training requirements if existing
restrictions on training at the Makua Valley range remain in
place.
SEC. 335. COMPTROLLER GENERAL REPORT ON JOINT STANDARDS AND
PROTOCOLS FOR ACCESS CONTROL SYSTEMS AT
DEPARTMENT OF DEFENSE INSTALLATIONS.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report containing the assessment of the
Comptroller General of--
(1) the extent to which consistency exists in standards,
protocols, and procedures for access control across
installations of the Department of Defense; and
(2) whether the establishment of joint standards and
protocols for access control at such installations would be
likely to--
(A) address any need of the Department identified by the
Comptroller General; or
(B) improve access control across the installations by
providing greater consistency and improved force protection.
(b) Issues to Be Assessed.--In conducting the assessment
required by subsection (a), the Comptroller General shall
assess the extent to which each installation of the
Department of Defense has or would benefit from having an
access control system with the ability to--
(1) electronically check any identification card issued by
any Federal agency or any State or local government within
the United States, including any identification card of a
visitor to the installation who is a citizen or legal
resident of the United States;
(2) verify that an identification card used to obtain
access to the installation was legitimately issued and has
not been reported lost or stolen;
(3) check on a real-time basis all relevant watch lists
maintained by the Government, including terrorist watch lists
and lists of persons wanted by State, local, or Federal law
enforcement authorities;
(4) maintain a log of individuals seeking access to the
installation and of individuals who are denied access to the
installation; and
(5) exchange information with any installation with a
system that complies with the joint standards and protocols.
SEC. 336. REPORT ON PERSONNEL SECURITY INVESTIGATIONS FOR
INDUSTRY AND NATIONAL INDUSTRIAL SECURITY
PROGRAM.
(a) Reports Required.--Not later than 90 days after the
date of the enactment of this Act and every six months
thereafter, the Secretary of Defense shall submit to the
congressional defense committees, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the
Committee on Government Reform of the House of
Representatives, a report on the future requirements of the
Department of Defense with respect to the Personnel Security
Investigations for Industry and the National Industrial
Security Program of the Defense Security Service.
(b) Contents of Reports.--
(1) Initial report.--The initial report required under
subsection (a) shall include each of the following:
(A) The number of personnel security clearance
investigations conducted during the period beginning on
October 1, 1999, and ending on September 30, 2006.
(B) The number of each type of security clearance granted
during that period.
(C) The unit cost to the Department of Defense of each
security clearance granted during that period.
[[Page H2393]]
(D) The amount of any fee or surcharge paid to the Office
of Personnel Management as a result of conducting a personnel
security clearance investigation.
(E) A description of the procedures used by the Secretary
of Defense to estimate the number of personnel security
clearance investigations to be conducted during a fiscal
year.
(F) A description of any effect of delays and backlogs in
the personnel security clearance investigation process on the
national security of the United States.
(G) A description of any effect of delays and backlogs in
the personnel security clearance investigation process on the
defense industrial base assets of the United States.
(H) A plan developed by the Secretary of Defense to reduce
such delays and backlogs.
(I) A plan developed by the Secretary of Defense to
adequately fund the personnel security clearance
investigation process.
(J) A plan developed by the Secretary of Defense to
establish a more stable and effective Personnel Security
Investigations Program.
(K) A plan developed by the Secretary of Defense to involve
external sources, including defense contractors, in the plans
of the Secretary of Defense under subparagraphs (H), (I), and
(J).
(2) Subsequent reports.--Each report required to be
submitted under subsection (a) after the submission of the
initial report shall include each of the following:
(A) The funding requirements of the personnel security
clearance investigation program and ability of the Secretary
of Defense to fund the program.
(B) The size of the personnel security clearance
investigation process backlog.
(C) The length of the average delay for an individual case
pending in the personnel security clearance investigation
process.
(D) Any progress made by the Secretary of Defense during
the six months preceding the date on which the report is
submitted toward implementing planned changes in the
personnel security clearance investigation process.
(E) A determination certified by the Secretary of Defense
of whether the personnel security clearance investigation
process has improved during the six months preceding the date
on which the report is submitted.
(c) Comptroller General Report.--As soon as practicable
after the Secretary of Defense submits the initial report
required under subsection (a), the Comptroller General shall
submit a report to Congress that contains a review of such
initial report.
(d) Sense of Congress on Improving the Personnel Security
Investigations Program.--
(1) Findings.--Congress finds the following:
(A) Since fiscal year 2000, the General Accountability
Office has listed the Personnel Security Investigations
Program of the Department of Defense as a systemic weakness
that affects more than one component of the Department and
may jeopardize the operations of the Department.
(B) In 2005, the Government Accountability Office
designated the Personnel Security Investigations Program as a
high-risk area because delays by the Program in issuing
security clearances can affect national security.
(C) In 2005, the Government Accountability Office found
that the Department of Defense continues to face sizeable
security clearance backlogs.
(D) The Government Accountability Office also reported in
2005 that security clearance delays increase national
security risks, delay the start of classified work, hamper
employers from hiring the best qualified workers, and
increase the cost to the Government of national security-
related contracts.
(E) These security clearance backlogs and delays continue
in 2006, and have brought the security clearance program to a
reported standstill.
(2) Sense of congress.--It is the sense of Congress that--
(A) the delays and backlogs associated with the Personnel
Security Investigations Program threaten the national
security of the United States and key defense industrial
assets; and
(B) the Secretary of Defense should take such steps as are
necessary to eliminate the backlogs of applications for
security clearance and the delays associated with the
security clearance application process and make systemic
improvements to the Personnel Security Investigations
Program.
Subtitle E--Other Matters
SEC. 341. DEPARTMENT OF DEFENSE STRATEGIC POLICY ON
PREPOSITIONING OF MATERIEL AND EQUIPMENT.
(a) Strategic Policy Required.--Chapter 131 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2229. Strategic policy on prepositioning of materiel
and equipment
``(a) Policy Required.--The Secretary of Defense shall
maintain a strategic policy on the programs of the Department
of Defense for the prepositioning of materiel and equipment.
Such policy shall take into account national security
threats, strategic mobility, and service requirements.
``(b) Limitation of Diversion of Prepositioned Materiel.--
The Secretary of a military department may not divert
materiel or equipment from prepositioned stocks except--
``(1) in accordance with a change made by the Secretary of
Defense to the policy maintained under subsection (a); or
``(2) for the purpose of supporting a contingency
operation.
``(c) Congressional Notification.--The Secretary of Defense
may not implement or change the policy required under
subsection (a) until the Secretary submits to the
congressional defense committees a report describing the
policy or change to the policy.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2229. Strategic policy on prepositioning of materiel and
equipment.''.
(c) Deadline for Establishment of Policy.--
(1) Deadline.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall
establish the strategic policy on the programs of the
Department of Defense for the prepositioning of materiel and
equipment required under section 2229 of title 10, United
States Code, as added by subsection (a).
(2) Limitation on diversion of prepositioned materiel.--
During the period beginning on the date of the enactment of
this Act and ending on the date on which the Secretary of
Defense submits the report required under section 2229(c) of
title 10, United States Code, on the policy established under
paragraph (1), the Secretary of a military department may not
divert materiel or equipment from prepositioned stocks except
for the purpose of supporting a contingency operation.
SEC. 342. AUTHORITY TO MAKE DEPARTMENT OF DEFENSE HORSES
AVAILABLE FOR ADOPTION AT END OF USEFUL WORKING
LIFE.
(a) Inclusion of Department of Defense Horses in Existing
Authority.--Section 2583 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``working dogs''
and inserting ``animals'';
(2) by striking ``working'' each place it appears;
(3) by striking ``dog'' and ``dogs'' each place they appear
and inserting ``animal'' and ``animals'', respectively;
(4) by striking ``dog's'' in paragraphs (1) and (2) of
subsection (a) and inserting ``animal's'';
(5) by striking ``a dog's adoptability'' in subsection (b)
and inserting ``the adoptability of the animal''; and
(6) by adding at the end the following new subsection:
``(g) Military Animal Defined.--In this section, the term
`military animal' means the following:
``(1) A military working dog.
``(2) A horse owned by the Department of Defense.''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at the beginning of chapter 153 of
such title is amended to read as follows:
``2583. Military animals: transfer and adoption at end of useful
working life.''.
SEC. 343. SALE AND USE OF PROCEEDS OF RECYCLABLE MUNITIONS
MATERIALS.
(a) Establishment of Program.--Chapter 443 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 4690. Recyclable munitions materials: sale; use of
proceeds
``(a) Authority for Program.--Notwithstanding section 2577
of this title, the Secretary of the Army may carry out a
program to sell recyclable munitions materials resulting from
the demilitarization of conventional military munitions
without regard to chapter 5 of title 40 and use any proceeds
in accordance with subsection (c).
``(b) Method of Sale.--The Secretary shall use competitive
procedures to sell recyclable munitions materials under this
section in accordance with Federal procurement laws and
regulations.
``(c) Proceeds.--(1) Proceeds from the sale of recyclable
munitions materials under this section shall be credited to
an account that is specified as being for Army ammunition
demilitarization from funds made available for the
procurement of ammunition, to be available only for
reclamation, recycling, and reuse of conventional military
munitions (including research and development and equipment
purchased for such purpose).
``(2) Amounts credited under this subsection shall be
available for obligation for the fiscal year during which the
funds are so credited and for three subsequent fiscal years.
``(d) Regulations.--The Secretary shall prescribe
regulations to carry out the program established under this
section. Such regulations shall be consistent and in
compliance with the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.) and the regulations implementing that Act.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``4690. Recyclable munitions materials: sale; use of proceeds.''.
SEC. 344. CAPITAL SECURITY COST SHARING.
(a) Reconciliation Required.--For each fiscal year, the
Secretary of Defense shall reconcile (1) the estimate of
overseas presence of the Secretary of Defense under
subsection (b) for that fiscal year, with (2) the
determination of the Secretary of State under section
604(e)(1) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note) of the
total overseas presence of the Department of Defense for that
fiscal year.
(b) Annual Estimate of Overseas Presence.--Not later than
February 1 of each year, the Secretary of Defense shall
submit to the congressional defense committees an estimate of
the total number of Department of Defense overseas personnel
subject to chief of mission authority pursuant to section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927) during
the fiscal year that begins on October 1 of that year.
SEC. 345. PRIORITIZATION OF FUNDS WITHIN NAVY MISSION
OPERATIONS, SHIP MAINTENANCE, COMBAT SUPPORT
FORCES, AND WEAPONS SYSTEM SUPPORT.
(a) In General.--The Secretary of the Navy shall take such
steps as necessary through the planning, programming,
budgeting, and execution systems of the Department of the
Navy to
[[Page H2394]]
ensure that financial resources are provided for each fiscal
year as necessary to enable the Navy to fund the following
requirements of the Navy for that fiscal year:
(1) 100 percent of the requirements for steaming days per
quarter for deployed ship operations.
(2) 100 percent of the requirements for steaming days per
quarter for non-deployed ship operations.
(3) 100 percent of the projected ship and air depot
maintenance.
(b) Limitation of Funds for Navy Expeditionary Combat
Command.--Of the funds appropriated for the Department of
Navy for any fiscal year after fiscal year 2006, no operation
and maintenance funds may be expended for the Navy
Expeditionary Combat Command until the funding priorities in
subsection (a) are met for that fiscal year.
(c) Annual Report.--The Secretary of Navy shall submit to
the congressional defense committees an annual report, to be
submitted each year with the annual operation and maintenance
justification of estimates material for the next fiscal year,
that certifies that the requirements in subsection (a) are
satisfied for the fiscal year for which that material is
submitted.
SEC. 346. PRIORITIZATION OF FUNDS WITHIN ARMY RECONSTITUTION
AND TRANSFORMATION.
(a) In General.--The Secretary of the Army shall take such
steps as necessary through the planning, programming,
budgeting, and execution systems of the Department of the
Army to ensure that financial resources are provided for each
fiscal year as necessary to enable the Army to meet its
requirements in that fiscal year for each of the following:
(1) The repair, recapitalization, and replacement of
equipment used in the Global War on Terrorism, based on
implementation of requirements based on a cost estimate for
such purposes of at least $72,300,000,000 over the period of
the five fiscal years beginning with fiscal year 2008.
(2) The fulfillment of equipment requirements of units
transforming to modularity in accordance with the Modular
Force Initiative report submitted to Congress in March 2006,
based on implementation of requirements based on a cost
estimate for such purposes of $47,600,000,000 over the period
of the five fiscal years beginning with fiscal year 2008.
(3) The reconstitution of equipment and materiel in
prepositioned stocks by 2012 in accordance with requirements
under the Army Prepositioned Stocks Strategy 2012 or a
subsequent strategy implemented under the guidelines in
section 2229 of title 10, United States Code.
(b) Annual Report.--The Secretary of the Army shall submit
to the congressional defense committees an annual report,
until the requirements of subsection (a) have been met,
setting forth the progress toward meeting those requirements.
Any information required to be included in the report
concerning funding priorities under paragraph (1) or (2) of
subsection (a) shall be itemized by active duty component and
reserve component. The report for any year shall be submitted
at the time the budget of the President for the next fiscal
year is submitted to Congress. Each such report shall include
the following:
(1) A complete itemization of the requirements for the
funding priorities in subsection (a), including an
itemization for all types of modular brigades for both active
and reserve components.
(2) A list of any shortfalls that exist between available
funding, equipment, supplies, and industrial capacity and
required funding, equipment, supplies, and industrial
capacity in accordance with the funding priorities in
subsection (a).
(3) A list of the requirements for the funding priorities
in subsection (a) that the Army has included in the budget
for that fiscal year, including a detailed listing of the
type, quantity, and cost of the equipment the Army plans to
repair, recapitalize, or procure, set forth by appropriations
account and Army component.
(4) An assessment of the progress made during that fiscal
year toward meeting the overall requirements of the funding
priorities in subsection (a).
(5) A description of how the Army defines costs associated
with modularity versus the costs associated with modernizing
equipment platforms and repairing, recapitalizing, and
replacing equipment used during the global war on terrorism.
(6) The results of Army assessments of modular force
capabilities, including lessons learned from existing modular
units and any modifications that have been made to
modularity.
(7) The assessment of each of the Chief of the National
Guard Bureau and the Chief of the Army Reserve of each of the
items described in paragraphs (1) through (6).
(c) Limitation on Funds for Future Combat Systems.--Of the
funds appropriated for the Army for any fiscal year after
fiscal year 2007, not more than $2,850,000,000 may be
expended for the Future Combat Systems until the funding
priorities in subsection (a) are met for that fiscal year.
(d) Use of Excess Funds for Future Combat Systems.--Any
funds appropriated for the Future Combat Systems for any
fiscal year not expended in accordance with subsection (c)
shall be used for programs specified in subsection (a).
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
Sec. 403. Additional authority for increases of Army and Marine Corps
active duty end strengths for fiscal years 2008 and 2009.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserve components.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2007 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
(a) In General.--The Armed Forces are authorized strengths
for active duty personnel as of September 30, 2007, as
follows:
(1) The Army, 512,400.
(2) The Navy, 340,700.
(3) The Marine Corps, 180,000.
(4) The Air Force, 334,200.
(b) Limitation.--
(1) Army.--The authorized strength for the Army provided in
paragraph (1) of subsection (a) for active duty personnel for
fiscal year 2007 is subject to the condition that costs of
active duty personnel of the Army for that fiscal year in
excess of 482,400 shall be paid out of funds authorized to be
appropriated for that fiscal year for a contingent emergency
reserve fund or as an emergency supplemental appropriation.
(2) Marine corps.--The authorized strength for the Marine
Corps provided in paragraph (3) of subsection (a) for active
duty personnel for fiscal year 2007 is subject to the
condition that costs of active duty personnel of the Marine
Corps for that fiscal year in excess of 175,000 shall be paid
out of funds authorized to be appropriated for that fiscal
year for a contingent emergency reserve fund or as an
emergency supplemental appropriation.
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the
following:
``(1) For the Army, 504,400.
``(2) For the Navy, 340,700.
``(3) For the Marine Corps, 180,000.
``(4) For the Air Force, 334,200.''.
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND
MARINE CORPS ACTIVE DUTY END STRENGTHS FOR
FISCAL YEARS 2008 AND 2009.
Effective October 1, 2007, the text of section 403 of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1863) is
amended to read as follows:
``(a) Authority.--
``(1) Army.--For each of fiscal years 2008 and 2009, the
Secretary of Defense may, as the Secretary determines
necessary for the purposes specified in paragraph (3),
establish the active-duty end strength for the Army at a
number greater than the number otherwise authorized by law up
to the number equal to the fiscal-year 2007 baseline plus
20,000.
``(2) Marine corps.--For each of fiscal years 2008 and
2009, the Secretary of Defense may, as the Secretary
determines necessary for the purposes specified in paragraph
(3), establish the active-duty end strength for the Marine
Corps at a number greater than the number otherwise
authorized by law up to the number equal to the fiscal-year
2007 baseline plus 4,000.
``(3) Purpose of increases.--The purposes for which
increases may be made in Army and Marine Corps active duty
end strengths under paragraphs (1) and (2) are--
``(A) to support operational missions; and
``(B) to achieve transformational reorganization
objectives, including objectives for increased numbers of
combat brigades and battalions, increased unit manning, force
stabilization and shaping, and rebalancing of the active and
reserve component forces.
``(4) Fiscal-year 2007 baseline.--In this subsection, the
term `fiscal-year 2007 baseline', with respect to the Army
and Marine Corps, means the active-duty end strength
authorized for those services in section 401 of the National
Defense Authorization Act for Fiscal Year 2007.
``(5) Active-duty end strength.--In this subsection, the
term `active-duty end strength' means the strength for
active-duty personnel of one of the Armed Forces as of the
last day of a fiscal year.
``(b) Relationship to Presidential Waiver Authority.--
Nothing in this section shall be construed to limit the
President's authority under section 123a of title 10, United
States Code, to waive any statutory end strength in a time of
war or national emergency.
``(c) Relationship to Other Variance Authority.--The
authority under subsection (a) is in addition to the
authority to vary authorized end strengths that is provided
in subsections (e) and (f) of section 115 of title 10, United
States Code.
``(d) Budget Treatment.--
``(1) Fiscal year 2008 budget.--The budget for the
Department of Defense for fiscal year 2008 as submitted to
Congress shall comply, with respect to funding, with
subsections (c) and (d) of section 691 of title 10, United
States Code.
``(2) Other increases.--If the Secretary of Defense plans
to increase the Army or Marine Corps active duty end strength
for a fiscal year under subsection (a), then the budget for
the Department of Defense for that fiscal year as submitted
to Congress shall include the amounts necessary for funding
that active duty end strength in excess of the fiscal year
2007 active duty end strength authorized for that service
under section 401 of the National Defense Authorization Act
for Fiscal Year 2007.''.
[[Page H2395]]
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 RESERVE COMPONENTS.
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, 28,165.
(2) The Army Reserve, 15,416.
(3) The Navy Reserve, 12,564.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,291.
(6) The Air Force Reserve, 2,707.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2007 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army Reserve, 7,912.
(2) For the Army National Guard of the United States,
27,615.
(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 $109,820,468,000. 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
Sec. 501. Authorized strength of Navy Reserve flag officers.
Sec. 502. Standardization of grade of senior dental officer of the Air
Force with that of senior dental officer of the Army.
Sec. 503. Management of chief warrant officers.
Sec. 504. Reduction in time-in-grade requirement for promotion to
captain in the Army, Air Force, and Marine Corps and
lieutenant in the Navy.
Sec. 505. Military status of officers serving in certain Intelligence
Community positions.
Subtitle B--Reserve Component Management
Sec. 511. Revisions to reserve call-up authority.
Sec. 512. Military retirement credit for certain service by National
Guard members performed while in a State duty status
immediately after the terrorist attacks of September 11,
2001.
Sec. 513. Report on private-sector promotion and constructive
termination of members of the reserve components called
or ordered to active service.
Subtitle C--Education and Training
Sec. 521. Authority to permit members who participate in the guaranteed
reserve forces duty scholarship program to participate in
the health professions scholarship program and serve on
active duty.
Sec. 522. Junior Reserve Officers' Training Corps instruction
eligibility expansion.
Sec. 523. Authority for United States Military Academy and United
States Air Force Academy permanent military professors to
assume command positions while on periods of sabbatical.
Sec. 524. Expansion of service academy exchange programs with foreign
military academies.
Sec. 525. Review of legal status of Junior ROTC program.
Subtitle D--General Service Authorities
Sec. 531. Test of utility of test preparation guides and education
programs in enhancing recruit candidate performance on
the Armed Services Vocational Aptitude Battery (ASVAB)
and Armed Forces Qualification Test (AFQT).
Sec. 532. Nondisclosure of selection board proceedings.
Sec. 533. Report on extent of provision of timely notice of long-term
deployments.
Subtitle E--Authorities Relating to Guard and Reserve Duty
Sec. 541. Title 10 definition of Active Guard and Reserve duty.
Sec. 542. Authority for Active Guard and Reserve duties to include
support of operational missions assigned to the reserve
components and instruction and training of active-duty
personnel.
Sec. 543. Governor's authority to order members to Active Guard and
Reserve duty.
Sec. 544. National Guard officers authority to command.
Sec. 545. Expansion of operations of civil support teams.
Subtitle F--Decorations and Awards
Sec. 551. Authority for presentation of Medal of Honor Flag to living
Medal of Honor recipients and to living primary next-of-
kin of deceased Medal of Honor recipients.
Sec. 552. Cold War Victory Medal.
Sec. 553. Posthumous award of Purple Heart for prisoners of war who die
in or due to captivity.
Sec. 554. Advancement on the retired list of certain decorated retired
Navy and Marine Corps officers.
Sec. 555. Report on Department of Defense process for awarding
decorations.
Subtitle G--Matters Relating to Casualties
Sec. 561. Criteria for removal of member from temporary disability
retired list.
Sec. 562. Department of Defense computer/electronic accommodations
program for severely wounded members.
Sec. 563. Transportation of remains of casualties dying in a theater of
combat operations.
Sec. 564. Annual budget display of funds for POW/MIA activities of
Department of Defense.
Subtitle H--Assistance to Local Educational Agencies for Defense
Dependents Education
Sec. 571. Continuation of authority to assist local educational
agencies that benefit dependents of members of the Armed
Forces and Department of Defense civilian employees.
Sec. 572. Enrollment in defense dependents' education system of
dependents of foreign military members assigned to
Supreme Headquarters Allied Powers, Europe.
Subtitle I--Postal Benefits
Sec. 575. Postal benefits program for members of the Armed Forces.
Sec. 576. Funding.
Sec. 577. Duration.
[[Page H2396]]
Subtitle J--Other Matters
Sec. 581. Reduction in Department of Defense accrual contributions to
Department of Defense Military Retirement Fund.
Sec. 582. Dental Corps of the Bureau of Medicine and Surgery.
Sec. 583. Permanent authority for presentation of recognition items for
recruitment and retention purposes.
Sec. 584. Report on feasibility of establishment of Military Entrance
Processing Command station on Guam.
Sec. 585. Persons authorized to administer enlistment and appointment
oaths.
Sec. 586. Repeal of requirement for periodic Department of Defense
Inspector General assessments of voting assistance
compliance at military installations.
Sec. 587. Physical evaluation boards.
Sec. 588. Department of Labor transitional assistance program.
Sec. 589. Revision in Government contributions to Medicare-Eligible
Retiree Health Care Fund.
Sec. 590. Military chaplains.
Sec. 591. Report on personnel requirements for airborne assets
identified as Low-Density, High-Demand Airborne Assets.
Sec. 592. Entrepreneurial Service Members Empowerment Task Force.
Sec. 593. Comptroller General report on military conscientious
objectors.
Sec. 594. Commission on the National Guard and Reserves.
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTH OF NAVY RESERVE FLAG OFFICERS.
(a) Simplification of Counting of Navy Reserve Flag
Officers.--Subsection (c) of section 12004 of title 10,
United States Code, is amended to read as follows:
``(c) The authorized strength of the Navy under subsection
(a) is exclusive of officers counted under section 526 of
this title.''.
(b) Conforming Amendment.--Subsection (d) of such section
is amended by striking ``of those'' and inserting ``of
officers''.
SEC. 502. STANDARDIZATION OF GRADE OF SENIOR DENTAL OFFICER
OF THE AIR FORCE WITH THAT OF SENIOR DENTAL
OFFICER OF THE ARMY.
(a) Air Force Assistant Surgeon General for Dental
Services.--Section 8081 of title 10, United States Code, is
amended by striking ``brigadier general'' in the second
sentence and inserting ``major general''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the occurrence of the next
vacancy in the position of Assistant Surgeon General for
Dental Services in the Air Force that occurs after the date
of the enactment of this Act or, if earlier, on the date of
the appointment to the grade of major general of the officer
who is the incumbent in that position on the date of the
enactment of the Act.
SEC. 503. MANAGEMENT OF CHIEF WARRANT OFFICERS.
(a) Retention of Chief Warrant Officers, W-4, Who Have
Twice Failed of Selection for Promotion.--Section 580(e)(1)
of title 10, United States Code, is amended by striking
``continued on active duty if'' and all that follows and
inserting ``continued on active duty if--
``(A) in the case of a warrant officer in the grade of
chief warrant officer, W-2, or chief warrant officer, W-3,
the warrant officer is selected for continuation on active
duty by a selection board convened under section 573(c) of
this title; and
``(B) in the case of a warrant officer in the grade of
chief warrant officer, W-4, the warrant officer is selected
for continuation on active duty by the Secretary concerned
under such procedures as the Secretary may prescribe.''.
(b) Mandatory Retirement for Length of Service.--Section
1305(a) of such title is amended--
(1) by striking ``(1) Except as'' and all the follows
through ``W-5)'' and inserting ``A regular warrant officer'';
(2) by inserting ``as a warrant officer'' after ``years of
active service'';
(3) by inserting ``the date on which'' after ``60 days
after''; and
(4) by striking paragraph (2).
SEC. 504. REDUCTION IN TIME-IN-GRADE REQUIREMENT FOR
PROMOTION TO CAPTAIN IN THE ARMY, AIR FORCE,
AND MARINE CORPS AND LIEUTENANT IN THE NAVY.
Section 619(a)(1) of title 10, United States Code, is
amended by striking ``he has completed'' in the matter
preceding subparagraph (A) and all that follows through the
period at the end of subparagraph (B) and inserting ``the
officer has completed 18 months of service in the grade in
which the officer holds a permanent appointment''.
SEC. 505. MILITARY STATUS OF OFFICERS SERVING IN CERTAIN
INTELLIGENCE COMMUNITY POSITIONS.
(a) Clarification of Military Status.--Section 528 of title
10, United States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Military Status.--An officer of the armed forces,
while serving in a position covered by this section--
``(1) shall not be subject to supervision or control by the
Secretary of Defense or any other officer or employee of the
Department of Defense, except as directed by the Secretary of
Defense concerning reassignment from such position; and
``(2) may not exercise, by reason of the officer's status
as an officer, any supervision or control with respect to any
of the military or civilian personnel of the Department of
Defense except as otherwise authorized by law.
``(b) Director and Deputy Director of CIA.--When the
position of Director or Deputy Director of the Central
Intelligence Agency is held by an officer of the armed
forces, the officer serving in that position, while so
serving, shall be excluded from the limitations in sections
525 and 526 of this title. However, if both such positions
are held by an officer of the armed forces, only one such
officer may be excluded from those limitation while so
serving.''; and
(2) by adding at the end the following new subsections:
``(e) Effect of Appointment.--Except as provided in
subsection (a), the appointment or assignment of an officer
of the armed forces to a position covered by this section
shall not affect--
``(1) the status, position, rank, or grade of such officer
in the armed forces; or
``(2) any emolument, perquisite, right, privilege, or
benefit incident to or arising out of such status, position,
rank, or grade.
``(f) Military Pay and Allowances.--An officer of the armed
forces on active duty who is appointed or assigned 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. Funds from which such
military pay and allowances are paid to such officer while so
serving shall be reimbursed from funds available to the
Director of the Central Intelligence Agency (for an officer
serving in a position within the Central Intelligence Agency)
or from funds available to the Director of National
Intelligence (for an officer serving in a position within the
Office of the Director of National Intelligence).
``(g) Covered Positions.--The positions covered by this
section are the positions specified in subsections (b) and
(c) and the positions designated under subsection (d).''.
(b) Clerical Amendments.--
(1) The heading of such section is amended to read as
follows:
``Sec. 528. Officers serving in certain intelligence
positions: military status; exclusion from distribution and
strength limitations; pay and allowances''.
(2) The table of sections at the beginning of chapter 32 of
such title is amended to read as follows:
``528. Officers serving in certain intelligence positions: military
status; exclusion from distribution and strength
limitations; pay and allowances.''.
Subtitle B--Reserve Component Management
SEC. 511. REVISIONS TO RESERVE CALL-UP AUTHORITY.
(a) Maximum Number of Days.--Subsection (a) of section
12304 of title 10, United States Code, is amended by striking
``270 days'' and inserting ``365.''
(b) Support for Disasters.--Such section is further
amended--
(1) in subsection (b)--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(3) a serious natural or manmade disaster, accident, or
catastrophe that occurs in the United States, its territories
and possessions, or Puerto Rico.''; and
(2) in subsection (c)(1)--
(A) by striking ``title or,'' and inserting ``title,''; and
(B) by striking ``, to provide'' and all that follows
through the end and inserting a period.
(c) Fair Treatment.--Such section is further amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Considerations for Involuntary Order to Active
Duty.--(1) In determining which members of the Selected
Reserve and Individual Ready Reserve will be ordered to duty
without their consent under this section, appropriate
consideration shall be given to--
``(A) the length and nature of previous service, to assure
such sharing of exposure to hazards as the national security
and military requirements will reasonably allow;
``(B) family responsibilities; and
``(C) employment necessary to maintain the national health,
safety, or interest.
``(2) The Secretary of Defense shall prescribe such
policies and procedures as the Secretary considers necessary
to carry out this subsection.''.
SEC. 512. MILITARY RETIREMENT CREDIT FOR CERTAIN SERVICE BY
NATIONAL GUARD MEMBERS PERFORMED WHILE IN A
STATE DUTY STATUS IMMEDIATELY AFTER THE
TERRORIST ATTACKS OF SEPTEMBER 11, 2001.
Subsection (c) of section 514 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3232) is amended by adding at the end the following
new paragraph:
``(3) In the State of New Jersey: Bergen, Hudson, Union,
and Middlesex.''.
SEC. 513. REPORT ON PRIVATE-SECTOR PROMOTION AND CONSTRUCTIVE
TERMINATION OF MEMBERS OF THE RESERVE
COMPONENTS CALLED OR ORDERED TO ACTIVE SERVICE.
(a) Report Required.--Not later than March 1, 2007, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the
[[Page H2397]]
House of Representatives a report on the promotion and
constructive termination by private-sector employers of
members of the reserve components called or ordered to active
service.
(b) Collection of Information.--The Secretary of Defense
shall base the report required under subsection (a) on
information submitted voluntarily by members of the reserve
components.
(c) Constructive Termination.--In this section, the term
``constructive termination'' means the voluntary resignation
of an employee because of working conditions the employee
finds unbearable.
Subtitle C--Education and Training
SEC. 521. AUTHORITY TO PERMIT MEMBERS WHO PARTICIPATE IN THE
GUARANTEED RESERVE FORCES DUTY SCHOLARSHIP
PROGRAM TO PARTICIPATE IN THE HEALTH
PROFESSIONS SCHOLARSHIP PROGRAM AND SERVE ON
ACTIVE DUTY.
Paragraph (3) of section 2107a(b) of title 10, United
States Code, is amended--
(1) by inserting ``or a cadet or former cadet under this
section who signs an agreement under section 2122 of this
title,'' after ``military junior college,''; and
(2) by inserting ``, or former cadet,'' after ``consent of
the cadet'' and after ``submitted by the cadet''.
SEC. 522. JUNIOR RESERVE OFFICERS' TRAINING CORPS INSTRUCTION
ELIGIBILITY EXPANSION.
Section 2031 of title 10, United States Code, is amended--
(1) in subsection (d)(1), by inserting ``who are receiving
retired or retainer pay,'' after ``Fleet Marine Corps
Reserve,''; and
(2) by adding at the end the following new subsection (e):
``(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 and
noncommissioned officers and members of the Fleet Reserve or
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
nonregular service under the provisions of chapter 1223 of
this title but for being under the age specified in section
12731(a)(1) of this title for eligibility for such retired
pay, whose qualifications are approved by the Secretary and
the institution concerned, and who request such employment,
subject to the following:
``(1) The compensation package for officers and
noncommissioned officers employed under this subsection shall
not be coupled with either active duty pay or retired pay,
but instead shall be at a rate contracted individually and
determined by the Secretary of the military department
concerned. The Secretary may pay the institution an amount
the Secretary determined to be appropriate, but the amount
may not be more than the amount that would be paid on behalf
of an equivalent retiree or member of the Fleet Reserve or
Fleet Marine Corps Reserve under the provisions of subsection
(d)(1). The Secretary may continue to pay individuals
employed under this subsection pre-determined compensation
packages, even after they reach the age of 60. Payments by
the Secretary concerned under this paragraph shall be made
from funds appropriated for that purpose.
``(2) Such a retired member is not, while so employed,
considered to be on active duty or inactive duty training for
any purpose.''.
SEC. 523. AUTHORITY FOR UNITED STATES MILITARY ACADEMY AND
UNITED STATES AIR FORCE ACADEMY PERMANENT
MILITARY PROFESSORS TO ASSUME COMMAND POSITIONS
WHILE ON PERIODS OF SABBATICAL.
(a) United States Military Academy.--Section 4334(d) of
title 10, United States Code, is amended--
(1) by striking ``permanent professors and the'';
(2) by striking ``exercise'' and inserting ``exercises'';
and
(3) by adding at the end the following new sentence: ``The
permanent professors exercise command only in the academic
department of the Academy and, at the discretion of the
Secretary of the Army, within Army units to which they are
assigned.''.
(b) United States Air Force Academy.--Section 9334(b) of
such title is amended--
(1) by striking ``permanent professors and the''; and
(2) by striking ``exercise'' and inserting ``exercises'';
and
(3) by adding at the end the following new sentence: ``The
permanent professors exercise command only in the academic
department of the Academy and, at the discretion of the
Secretary of the Air Force, within Air Force units to which
they are assigned.''.
SEC. 524. EXPANSION OF SERVICE ACADEMY EXCHANGE PROGRAMS WITH
FOREIGN MILITARY ACADEMIES.
(a) United States Military Academy.--
(1) Number of participants in exchange program.--Subsection
(b) of section 4345 of title 10, United States Code, is
amended by striking ``24'' and inserting ``100''.
(2) Costs and expenses.--Subsection (c) of such section is
amended--
(A) by striking ``for the Academy'' in paragraph (3) and
all that follows in that paragraph and inserting ``for the
Academy and such additional funds as may be available to the
Academy from a source other than appropriated funds to
support cultural immersion, regional awareness, or foreign
language training activities in connection with the exchange
program.''; and
(B) by adding at the end the following new paragraph:
``(4) Expenditures in support of the exchange program from
funds appropriated for the Academy may not exceed $1,000,000
during any fiscal year.''.
(b) United States Naval Academy.--
(1) Number of participants in exchange program.--Subsection
(b) of section 6957a of title 10, United States Code, is
amended by striking ``24'' and inserting ``100''.
(2) Costs and expenses.--Subsection (c) of such section is
amended--
(A) by striking ``for the Academy'' in paragraph (3) and
all that follows in that paragraph and inserting ``for the
Academy and such additional funds as may be available to the
Academy from a source other than appropriated funds to
support cultural immersion, regional awareness, or foreign
language training activities in connection with the exchange
program.''; and
(B) by adding at the end the following new paragraph:
``(4) Expenditures in support of the exchange program from
funds appropriated for the Naval Academy may not exceed
$1,000,000 during any fiscal year.''.
(c) United States Air Force Academy.--
(1) Number of participants in exchange program.--Subsection
(b) of section 9345 of title 10, United States Code, is
amended by striking ``24'' and inserting ``100''.
(2) Costs and expenses.--Subsection (c) of such section is
amended--
(A) by striking ``for the Academy'' in paragraph (3) and
all that follows in that paragraph and inserting ``for the
Academy and such additional funds as may be available to the
Academy from a source other than appropriated funds to
support cultural immersion, regional awareness, or foreign
language training activities in connection with the exchange
program.''; and
(B) by adding at the end the following new paragraph:
``(4) Expenditures in support of the exchange program from
funds appropriated for the Academy may not exceed $1,000,000
during any fiscal year.''.
(d) Effective Dates.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act.
The amendments made by subsections (b) and (c) shall take
effect on October 1, 2008.
SEC. 525. 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).
Subtitle D--General Service Authorities
SEC. 531. TEST OF UTILITY OF TEST PREPARATION GUIDES AND
EDUCATION PROGRAMS IN ENHANCING RECRUIT
CANDIDATE PERFORMANCE ON THE ARMED SERVICES
VOCATIONAL APTITUDE BATTERY (ASVAB) AND ARMED
FORCES QUALIFICATION TEST (AFQT).
(a) Requirement for Test.--The Secretary of Defense shall
conduct a test of the utility of commercially available test
preparation guides and education programs designed to assist
recruit candidates achieve scores on military recruit
qualification testing that better reflect the full potential
of those recruit candidates in terms of aptitude and mental
category. The test shall be conducted through the Secretaries
of the Army, Navy and Air Force.
(b) Assessment of Commercially Available Guides and
Programs.--The test shall assess commercially available test
preparation guides and education programs designed to enhance
test performance. The test preparation guides assessed shall
test both written formats and self-paced computer-assisted
programs. Education programs assessed may test both self-
study textbook and computer-assisted courses and instructor-
led courses.
(c) Objectives.--The objectives of the test are to
determine the following:
(1) The degree to which test preparation assistance
degrades test reliability and accuracy.
(2) The degree to which test preparation assistance allows
more accurate testing of skill aptitudes and mental
capability.
(3) The degree to which test preparation assistance allows
individuals to achieve higher scores without sacrificing
reliability and accuracy.
(4) What role is recommended for test preparation
assistance in military recruiting.
(d) Control Group.--As part of the test, the Secretary
shall identify a population of recruit candidates who will
not receive test preparation
[[Page H2398]]
assistance and will serve as a control group for the test.
Data from recruit candidates participating in the test and
data from recruit candidates in the control group shall be
compared in terms of both (1) test performance, and (2)
subsequent duty performance in training and unit settings
following entry on active duty.
(e) Number of Participants.--The Secretary shall provide
test preparation assistance to a minimum of 2,000 recruit
candidates and shall identify an equal number to be
established as the control group population.
(f) Duration of Test.--The Secretary shall begin the test
not later than nine months after the date of the enactment of
this Act. The test shall identify participants over a one-
year period from the start of the test and shall assess duty
performance for each participant for 18 months following
entry on active duty. The last participant shall be
identified, but other participants may not be identified.
(g) Report on Findings.--Not later than six months after
completion of the duty performance assessment of the last
identified participant in the test, the Secretary of Defense
shall submit to the Committee on Armed Services in the Senate
and the Committee on Armed Services of the House of
Representatives a report providing the findings of the
Secretary with respect to each of the objectives specified in
subsection (c) and the Secretary's recommendations.
SEC. 532. NONDISCLOSURE OF SELECTION BOARD PROCEEDINGS.
(a) Active-Duty Selection Board Proceedings.--
(1) Extension to all active-duty boards.--Chapter 36 of
title 10, United States Code, is amended by inserting after
section 613 the following new section:
``Sec. 613a. Nondisclosure of board proceedings
``(a) Nondisclosure.--The proceedings of a selection board
convened under section 611 this title may not be disclosed to
any person not a member of the board.
``(b) Prohibited Uses of Board Records.--The discussions
and deliberations of such a selection board and any written
or documentary record of such discussions and deliberations--
``(1) are immune from legal process;
``(2) may not be admitted as evidence; and
``(3) may not be used for any purpose in any action, suit,
or judicial or administrative proceeding without the consent
of the Secretary of the military department concerned.
``(c) Applicability.--The section shall apply with respect
to the proceedings of all selection boards convened under
section 611 of this title, including selection boards
convened before the date of the enactment of this section.''.
(2) Conforming amendment.--Section 618 of such title is
amended by striking subsection (f).
(b) Reserve Selection Board Proceedings.--Section 14104 of
such title is amended to read as follows:
``Sec. 14104. Nondisclosure of board proceedings
``(a) Nondisclosure.--The proceedings of a selection board
convened under section 14101of this title may not be
disclosed to any person not a member of the board.
``(b) Prohibited Uses of Board Records.--The discussions
and deliberations of such a selection board and any written
or documentary record of such discussions and deliberations--
``(1) are immune from legal process;
``(2) may not be admitted as evidence; and
``(3) may not be used for any purpose in any action, suit,
or judicial or administrative proceeding without the consent
of the Secretary of the military department concerned.
``(c) Applicability.--The section shall apply with respect
to the proceedings of all selection boards convened under
section 14101 of this title, including selection boards
convened before the date of the enactment of this section.''.
(c) Clerical Amendments.--
(1) The table of sections at the beginning of subchapter I
of chapter 36 of such title is amended by inserting after the
item relating to section 613 the following new item:
``14104. Nondisclosure of board proceedings.''.
(2) The item relating to section 14104 in the table of
sections at the beginning of chapter 1403 of such title is
amended to read as follows:
``14104. Nondisclosure of board proceedings.''.
SEC. 533. REPORT ON EXTENT OF PROVISION OF TIMELY NOTICE OF
LONG-TERM DEPLOYMENTS.
Not later than March 1, 2007, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the number of members of the
Armed Forces (shown by service and within each service by
reserve component and active component) who, since September
11, 2001, have not received at least 30 days notice (in the
form of an official order) before a deployment that will last
180 days or more. With respect to members of the reserve
components, the report shall describe the degree of
compliance (or noncompliance) with Department of Defense
policy concerning the amount of notice to be provided before
long-term mobilizations or deployments.
Subtitle E--Authorities Relating to Guard and Reserve Duty
SEC. 541. TITLE 10 DEFINITION OF ACTIVE GUARD AND RESERVE
DUTY.
Section 101 of title 10, United States Code, is amended--
(1) by adding at the end of subsection (b) the following
new paragraph:
``(16) The term `Active Guard and Reserve' means a member
of a reserve component who is on active duty pursuant to
section 12301(d) of this title or, if a member of the Army
National Guard or Air National Guard, is on full-time
National Guard duty pursuant to section 502(f) of title 32,
and who is performing Active Guard and Reserve duty.''; and
(2) in paragraph (6)(A) of subsection (d)--
(A) by striking ``or full-time National Guard duty'' after
``means active duty''; and
(B) by striking ``, pursuant to an order to active duty or
full-time National Guard duty'' and inserting ``pursuant to
an order to full-time National Guard duty,''.
SEC. 542. AUTHORITY FOR ACTIVE GUARD AND RESERVE DUTIES TO
INCLUDE SUPPORT OF OPERATIONAL MISSIONS
ASSIGNED TO THE RESERVE COMPONENTS AND
INSTRUCTION AND TRAINING OF ACTIVE-DUTY
PERSONNEL.
(a) AGR Duty Under Title 10.--Subsections (a) and (b) of
section 12310 of title 10, United States Code, are amended to
read as follows:
``(a) Authority.--(1) The Secretary concerned may order a
member of a reserve component under the Secretary's
jurisdiction to active duty pursuant to section 12301(d) of
this title to perform Active Guard and Reserve duty
organizing, administering, recruiting, instructing, or
training the reserve components.
``(2) A Reserve ordered to active duty under paragraph (1)
shall be ordered in the Reserve's reserve grade. While so
serving, the Reserve continues to be eligible for promotion
as a Reserve, if otherwise qualified.
``(b) Duties.--A Reserve on active duty under subsection
(a) may perform the following duties in addition to (and not
in lieu of) the Reserve's primary Active Guard and Reserve
duties described in subsection (a)(1):
``(1) Supporting operations or missions assigned in whole
or in part to the reserve components.
``(2) Supporting operations or missions performed or to be
performed by--
``(A) a unit composed of elements from more than one
component of the same armed force; or
``(B) a joint forces unit that includes--
``(i) one or more reserve component units; or
``(ii) a member of a reserve component whose reserve
component assignment is in a position in an element of the
joint forces unit.
``(3) Advising the Secretary of Defense, the Secretaries of
the military departments, the Joint Chiefs of Staff, and the
commanders of the unified combatant command regarding reserve
component matters.
``(4) Instructing or training in the United States or the
Commonwealth of Puerto Rico or possessions of the United
States of--
``(A) active-duty members of the armed forces;
``(B) members of foreign military forces (under the same
authorities and restrictions applicable to active-duty
members providing such instruction or training);
``(C) Department of Defense contractor personnel; or
``(D) Department of Defense civilian employees.''.
(b) Military Technicians Under Title 10.--Section 10216(a)
of such title is amended--
(1) in paragraph (1)(C), by striking ``administration and''
and inserting ``organizing, administering, instructing, or'';
and
(2) by adding at the end the following new paragraph:
``(3) A military technician (dual status) who is employed
under section 3101 of title 5 may perform the following
duties in addition to (and not in lieu of) those primary
duties described in paragraph (1):
``(A) Supporting operations or missions assigned in whole
or in part to the technician's unit;
``(B) Supporting operations or missions performed or to be
performed by--
``(i) a unit composed of elements from more than one
component of the technician's armed force; or
``(ii) a joint forces unit that includes--
``(I) one or more units of the technician's component; or
``(II) a member of the technician's component whose reserve
component assignment is in a position in an element of the
joint forces unit.
``(C) Instructing or training in the United States or the
Commonwealth of Puerto Rico or possessions of the United
States of--
``(i) active-duty members of the armed forces;
``(ii) members of foreign military forces (under the same
authorities and restrictions applicable to active-duty
members providing such instruction or training);
``(iii) Department of Defense contractor personnel; or
``(iv) Department of Defense civilian employees.''.
(c) National Guard Title 32 Training Duty.--Section 502(f)
of title 32, United States Code, title is amended--
(1) by inserting ``(1)'' before ``Under regulations'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by striking the last sentence and inserting the
following:
``(2) The training or duty ordered to be performed under
paragraph (1) may include the following:
``(A) Support of operations or missions undertaken by the
member's unit at the request of the President or Secretary of
Defense.
``(B) Support of training operations and training missions
assigned in whole or in part to the National Guard by the
Secretary concerned, but only to the extent that such
training missions and training operations--
``(i) are performed in the territorial limits of the United
States, its territories and possessions, the District of
Columbia, and the Commonwealth of Puerto Rico; and
``(ii) are only to instruct active duty military, foreign
military (under the same authorities and restrictions
applicable to active duty troops), Department of Defense
contractor personnel, or Department of Defense civilian
employees.
``(3) Duty without pay shall be considered for all purposes
as if it were duty with pay.''.
(d) National Guard Technicians Under Title 32.--Section
709(a) of title 32, United States Code, is amended--
[[Page H2399]]
(1) in paragraph (1)--
(A) by striking ``administration and'' and inserting
``organizing, administering, instructing, or''; and
(B) by striking ``and'' at the end of such paragraph;
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the performance of the following duties in addition
to (and not in lieu of) those duties described by paragraphs
(1) and (2):
``(A) Support of operations or missions undertaken by the
technician's unit at the request of the President or the
Secretary of Defense.
``(B) Support of Federal training operations or Federal
training missions assigned in whole or in part to the
technician's unit.
``(C) Instructing or training in the United States or the
Commonwealth of Puerto Rico or possessions of the United
States of--
``(i) active-duty members of the armed forces;
``(ii) members of foreign military forces (under the same
authorities and restrictions applicable to active-duty
members providing such instruction or training);
``(iii) Department of Defense contractor personnel; or
``(iv) Department of Defense civilian employees.''.
(e) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``328. Active Guard and Reserve duty: Governor's authority.''.
SEC. 543. GOVERNOR'S AUTHORITY TO ORDER MEMBERS TO ACTIVE
GUARD AND RESERVE DUTY.
(a) In General.--Chapter 3 of title 32, United States Code,
is amended by adding at the end the following new section:
``Sec. 328. Active Guard and Reserve duty: Governor's
authority
``(a) Authority.--The Governor of a State or the
Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or
the 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 Active Guard and Reserve duty, as defined by section
101(d)(6) of title 10, pursuant to section 502(f) of this
title.
``(b) Duties.--A member of the National Guard performing
duty under subsection (a) may perform the following duties in
addition to (and not in lieu of) that member's primary Active
Guard and Reserve duties of organizing, administering,
recruiting, instructing, and training the reserve components:
``(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 training operations and training missions
assigned in whole or in part by the Secretary concerned to
the National Guard, but only to the extent that such training
operation and training missions--
``(A) are performed in the territorial limits of the United
States, its territories and possessions, and the Commonwealth
of Puerto Rico; and
``(B) are only to instruct--
``(i) active-duty members of the armed forces;
``(ii) members of foreign military forces (under the same
authorities and restrictions applicable to active-duty
members providing such instruction or training);
``(iii) Department of Defense contractor personnel; or
``(iv) Department of Defense civilian employees.''.
SEC. 544. NATIONAL GUARD OFFICERS AUTHORITY TO COMMAND.
Section 325 of title 32, United States Code, is amended--
(1) in subsection (a)(2), by striking ``in command of a
National Guard unit'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Advance Authorization and Consent.--The President and
Governor of the State or Commonwealth of Puerto Rico, Guam,
or the Virgin Islands, or the commanding general of the
District of Columbia National Guard, as the case may be,
respectively, may give the authorization and consent required
by subsection (a)(2), in advance, for the purpose of
establishing the succession of command of a unit.''; and
(4) by adding at the end the following new subsection:
``(d) National Guard Duties.--An officer who is not
relieved from duty in the National Guard while serving on
active duty pursuant to subsection (a)(2) may perform any
duty authorized to be performed by the laws of that officer's
State or the laws of the Commonwealth of Puerto Rico, Guam,
the Virgin Islands, or the District of Columbia, as the case
may be, to be performed by the National Guard without regard
to the limitations imposed by section 1385 of title 18.''.
SEC. 545. EXPANSION OF OPERATIONS OF CIVIL SUPPORT TEAMS.
(a) In General.--Section 12310(c) of title 10, United
States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``involving--'' and inserting ``involving
any of the following:''; and
(B) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) The use or threatened use of a weapon of mass
destruction (as defined in section 12304(i)(2) of this title)
in the United States.
``(B) A terrorist attack or threatened terrorist attack in
the United States that results, or could result, in
catastrophic loss of life or property.
``(C) The intentional or unintentional release of nuclear,
biological, radiological, or toxic or poisonous chemical
materials in the United States that results, or could result,
in catastrophic loss of life or property.
``(D) A natural or manmade disaster in the United States
that results in, or could result in, catastrophic loss of
life or property.'';
(2) by amending paragraph (3) to read as follows:
``(3) A Reserve may perform duty described in paragraph (1)
only while assigned to a reserve component weapons of mass
destruction civil support team.''; and
(3) by adding at the end the following new paragraph:
``(7) In this subsection, the term `United States' includes
the Commonwealth of Puerto Rico, Guam, and the Virgin
Islands.''.
(b) Technical and Conforming Amendments.--Such section is
further amended--
(1) by striking the subsection heading and inserting
``Operations Relating to Defense Against Weapons of Mass
Destruction and Terrorist Attacks.--'';
(2) in paragraph (5), by striking ``rapid assessment
element team'' and inserting ``weapons of mass destruction
civil support team''; and
(3) in paragraph (6)--
(A) in the matter preceding subparagraph (A), by striking
``paragraph (3)'' and inserting ``paragraphs (1) and (3)'';
and
(B) in subparagraph (B), by striking ``paragraph (3)(B)''
and inserting ``paragraph (3)''.
Subtitle F--Decorations and Awards
SEC. 551. AUTHORITY FOR PRESENTATION OF MEDAL OF HONOR FLAG
TO LIVING MEDAL OF HONOR RECIPIENTS AND TO
LIVING PRIMARY NEXT-OF-KIN OF DECEASED MEDAL OF
HONOR RECIPIENTS.
(a) Army.--Section 3755 of title 10, United States Code, is
amended--
(1) by striking ``after October 23, 2002''; and
(2) by adding at the end the following new sentence: ``In
the case of a posthumous presentation of the medal, the flag
shall be presented to the person to whom the medal is
presented''.
(b) Navy.--Section 6257 of such title is amended--
(1) by striking ``after October 23, 2002''; and
(2) by adding at the end the following new sentence: ``In
the case of a posthumous presentation of the medal, the flag
shall be presented to the person to whom the medal is
presented''.
(c) Air Force.--Section 8755 of such title is amended--
(1) by striking ``after October 23, 2002''; and
(2) by adding at the end the following new sentence: ``In
the case of a posthumous presentation of the medal, the flag
shall be presented to the person to whom the medal is
presented''.
(d) Coast Guard.--Section 505 of title 14, United States
Code, is amended--
(1) by striking ``after October 23, 2002''; and
(2) by adding at the end the following new sentence: ``In
the case of a posthumous presentation of the medal, the flag
shall be presented to the person to whom the medal is
presented''.
(e) Presentation of Flag for Prior Recipients of Medal of
Honor.--
(1) Living recipients.--The President shall provide for the
presentation of the Medal of Honor Flag as expeditiously as
possible after the date of the enactment of this Act to each
living recipient of the Medal of Honor who was awarded the
Medal of Honor before that date.
(2) Survivors of deceased recipients.--The President shall
provide for posthumous presentation of the Medal of Honor
Flag, upon written application therefor, to the primary next
of kin of any recipient of the Medal of Honor who was awarded
the Medal of Honor before the date of the enactment of this
Act and who is deceased as of such date (or who dies after
such date and before the presentation required by paragraph
(1)). For purposes of this paragraph, the primary next-of-kin
is the person who would be entitled to receive the award of
the Medal of Honor for such deceased individual if the award
were being made posthumously at the time of the presentation
of the Medal of Honor Flag.
(3) Medal of honor flag.--In this subsection, the term
``Medal of Honor Flag'' means the flag designated under
section 903 of title 36, United States Code.
SEC. 552. COLD WAR VICTORY MEDAL.
(a) Authority.--Chapter 57 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 1135. Cold War Victory Medal
``(a) Medal Authorized.--The Secretary concerned shall
issue a service medal, to be known as the `Cold War Victory
Medal', to persons eligible to receive the medal under
subsection (b). The Cold War Victory Medal shall be of an
appropriate design approved by the Secretary of Defense, with
ribbons, lapel pins, and other appurtenances.
``(b) Eligible Persons.--The following persons are eligible
to receive the Cold War Victory Medal:
``(1) A person who--
``(A) performed active duty or inactive duty training as an
enlisted member during the Cold War;
``(B) completed the person's initial term of enlistment or,
if discharged before completion of such initial term of
enlistment, was honorably discharged after completion of not
less than 180 days of service on active duty; and
``(C) has not received a discharge less favorable than an
honorable discharge or a release from active duty with a
characterization of service less favorable than honorable.
``(2) A person who--
``(A) performed active duty or inactive duty training as a
commissioned officer or warrant officer during the Cold War;
``(B) completed the person's initial service obligation as
an officer or, if discharged or separated before completion
of such initial service obligation, was honorably discharged
after completion of not less than 180 days of service on
active duty; and
[[Page H2400]]
``(C) has not been released from active duty with a
characterization of service less favorable than honorable and
has not received a discharge or separation less favorable
than an honorable discharge.
``(c) One Award Authorized.--Not more than one Cold War
Victory Medal may be issued to any person.
``(d) Issuance to Representative of Deceased.--If a person
described in subsection (b) dies before being issued the Cold
War Victory Medal, the medal shall be issued to the person's
representative, as designated by the Secretary concerned.
``(e) Replacement.--Under regulations prescribed by the
Secretary concerned, a Cold War Victory Medal that is lost,
destroyed, or rendered unfit for use without fault or neglect
on the part of the person to whom it was issued may be
replaced without charge.
``(f) Application for Medal.--The Cold War Victory Medal
shall be issued upon receipt by the Secretary concerned of an
application for such medal, submitted in accordance with such
regulations as the Secretary prescribes.
``(g) Uniform Regulations.--The Secretary of Defense shall
ensure that regulations prescribed by the Secretaries of the
military departments under this section are uniform so far as
is practicable.
``(h) Definition.--In this section, the term `Cold War'
means the period beginning on September 2, 1945, and ending
at the end of December 26, 1991.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1135. Cold War Victory Medal.''.
SEC. 553. POSTHUMOUS AWARD OF PURPLE HEART FOR PRISONERS OF
WAR WHO DIE IN OR DUE TO CAPTIVITY.
(a) Deceased POWs Not Otherwise Eligible for Purple
Heart.--Chapter 57 of title 10, United States Code, is
amended by adding after section 1135, as added by section
552(a), the following new section:
``Sec. 1136. Purple Heart: posthumous award for prisoners of
war or former prisoners of war dying in or due to captivity
``(a) For purposes of the award of the Purple Heart, the
Secretary concerned shall treat a death described in
subsection (b) in the same manner as the death of a member of
the armed forces in action as the result of an act of an
enemy of the United States.
``(b) A death described in this subsection is either of the
following:
``(1) The death of a member of the armed forces who dies in
captivity under circumstances establishing eligibility for
the prisoner-of-war medal under section 1128 of this title
but under circumstances not otherwise establishing
eligibility for the Purple Heart.
``(2) The death of a member or former member of the armed
forces who following captivity as a prisoner of war is issued
the prisoner-of-war medal under section 1128 of this title
and who dies due to a disease or disability that was incurred
during that captivity, unless the member or former member
received a Purple Heart due to the injury or conditions
resulting in that disease or disability.
``(c) The Secretary of Defense shall prescribe regulations
for determining eligibility for the Purple Heart under this
section. Such regulations shall include criteria for the
determination under paragraph (2) of subsection (b) of
whether a death is due to a disease or disability incurred
while a prisoner of war.
``(d) This section applies to any member of the armed
forces who is held as a prisoner of war after December 7,
1941. ''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 1135, as added by section 552(b), the
following new item:
``1136. Purple Heart: posthumous award for prisoners of war or former
prisoners of war dying in or due to captivity.''.
(c) Retroactive Awards.--In the case of a member or former
member of the Armed Forces covered by section 1135 of title
10, United States Code, whose death is before the date of the
enactment of this Act, the Secretary concerned shall award
the Purple Heart under that section upon receipt of an
application that is made to the Secretary in such manner, and
containing such information, as the Secretary requires.
SEC. 554. ADVANCEMENT ON THE RETIRED LIST OF CERTAIN
DECORATED RETIRED NAVY AND MARINE CORPS
OFFICERS.
(a) Advancement on Retired List.--The Secretary of the Navy
shall, upon receipt of a qualifying application, advance on
the retired list of the Navy or Marine Corps, as applicable,
any retired officer of the Navy or Marine Corps described in
subsection (b). Each such officer shall be advanced to the
next higher grade above the officer's retired grade as of the
day before the date of the enactment of this Act.
(b) Covered Officers.--Subsection (a) applies to any
retired officer of the Navy or Marine Corps--
(1) who was eligible to retire before November 1, 1959, but
who retired on or after that date; and
(2) who, under the provisions of law in effect before
November 1, 1959, would have been eligible, by reason of
having been specifically commended for performance of duty in
actual combat, to have been retired in the next higher grade
if the officer had retired before that date.
(c) Qualifying Application.--A qualifying application is an
application from an officer described in subsection (b) or,
in the case of a deceased officer, the surviving spouse or
another immediate family member (as determined by the
Secretary) of the officer, that--
(1) requests advancement on the retired list under this
section; and
(2) provides such information as the Secretary may require.
(d) Effect of Advancement on Retired List.--The advancement
of an officer on the retired list pursuant to subsection (a)
shall not affect--
(1) in the case of a retired office who is living as of the
date of the enactment of this Act, the retired pay or other
benefits of the officer or the grade in which the officer
could be ordered or recalled to active duty; and
(2) any benefit to which any other person is or may become
entitled based upon the officer's service.
SEC. 555. REPORT ON DEPARTMENT OF DEFENSE PROCESS FOR
AWARDING DECORATIONS.
(a) Review.-- The Secretary of Defense shall conduct a
review of the policy, procedures, and processes of the
military departments for awarding decorations to members of
the Armed Forces.
(b) Time Periods.--As part of the review, the Secretary
shall determine how long the award process takes--
(1) from the time a recommendation for the award of a
decoration is submitted until the time the award of the
decoration is approved; and
(2) from the time award of a decoration is approved until
the time when the decoration is presented to the recipient.
(c) Reserve Components.--In conducting the review, the
Secretary shall ensure that the timeliness of the awards
process for members of the reserve components is the same or
similar as that for members of the active components.
(d) Report.--Not later than 90 days after the date of the
enactment of this Act, 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 Secretary's findings as a result of the review
under subsection (a), together with a plan for implementing
whatever changes are determined to be appropriate to the
process for awarding decorations in order to ensure that
decorations are awarded in a timely manner, to the extent
practicable.
Subtitle G--Matters Relating to Casualties
SEC. 561. CRITERIA FOR REMOVAL OF MEMBER FROM TEMPORARY
DISABILITY RETIRED LIST.
(a) Criteria.--Section 1210(e) of title 10, United States
Code, is amended by inserting ``of a permanent nature and
stable and is'' after ``physical disability''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to any case received for consideration by a
physical evaluation board after the date of the enactment of
this Act.
SEC. 562. DEPARTMENT OF DEFENSE COMPUTER/ELECTRONIC
ACCOMMODATIONS PROGRAM FOR SEVERELY WOUNDED
MEMBERS.
(a) In General.--Chapter 58 of title 10, United States
Code, is amended by inserting after section 1150 the
following new section:
``Sec. 1151. Severely wounded members: assistive technology
and services
``(a) Authority.--The Secretary of Defense may provide
assistive technology, assistive technology devices, and
assistive technology services, as those terms are defined in
section 3 of the Assistive Technology Act of 1998 (29 U.S.C.
3002), to a member of the armed forces who has sustained a
severe or debilitating illness or injury while serving in
support of a contingency operation.
``(b) Duration and Provision of Technology and Services.--
The Secretary may provide technology and services authorized
by subsection (a) for an indefinite period, without regard to
whether the person assisted continues to be a member of the
armed forces.
``(c) Authority to Allow Retention of Devices, etc.--Upon
the separation from active service of a member who has been
provided assistance as specified in subsection (a), the
Secretary may allow the member to retain any assistive
technology, device, or service provided to the member before
the member's separation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1150 the following new item:
``1151. Severely wounded members: assistive technology and services.''.
SEC. 563. TRANSPORTATION OF REMAINS OF CASUALTIES DYING IN A
THEATER OF COMBAT OPERATIONS.
(a) In General.--The Secretary concerned shall provide
transportation of the remains of a member of the Armed Forces
who dies in a combat theater of operations and whose remains
are returned to the United States through the mortuary
facility at Dover Air Force Base, Delaware, in accordance
with section 1482(a)(8) of title 10, United States Code, and
this section.
(b) Escort.--The Secretary concerned shall ensure that such
remains are escorted under that section at all times by at
least one person, who shall be a member of the Armed Forces
of appropriate grade.
(c) Air Transportation From Dover AFB.--
(1) Use of military aircraft.--If transportation of remains
described in subsection (a) from Dover Air Force Base to the
escorted remains destination includes transportation by
aircraft, such transportation by aircraft (unless otherwise
directed by the next-of-kin) shall be made by military
aircraft or military-contracted aircraft to the military
airfield that is closest to the escorted remains destination.
In the case of any such flight, the exclusive mission of the
flight shall be the transportation of those remains.
(2) Escorted remains destination.--In this subsection, the
term ``escorted remains destination'' means the place to
which remains are to
[[Page H2401]]
be transported pursuant to section 1482(a)(8) of title 10,
United States Code.
(d) Honor Guard Escort.--In a case of the transportation of
remains covered by subsection (a), there shall be a military
escort (in addition to the escort under subsection (b)) that
either travels with the remains from Dover Air Force Base or
meets the remains at the place to which transportation by air
(or by rail or motor vehicle, if applicable) is made. Such
escort shall be of sufficient number to transfer the casket
containing the remains from the aircraft (or other means of
transportation to that place) to a hearse for local
transportation. Such escort shall remain with the remains
until the remains are delivered to the next-of-kin. Such
escort shall consist of members of the Armed Forces on active
duty or in the Ready Reserve.
SEC. 564. ANNUAL BUDGET DISPLAY OF FUNDS FOR POW/MIA
ACTIVITIES OF DEPARTMENT OF DEFENSE.
(a) Consolidated Budget Justification.--Chapter 9 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 234. POW/MIA activities: display of budget information
``(a) Submission With Annual Budget Justification
Documents.--The Secretary of Defense shall submit to
Congress, as a part of the defense budget materials for a
fiscal year, a consolidated budget justification display, in
classified and unclassified form, that covers all programs
and activities of Department of Defense POW/MIA accounting
and recovery organizations.
``(b) Requirements for Budget Display.--The budget display
under subsection (a) for a fiscal year shall include the
following for each such organization:
``(1) The amount, by appropriation and functional area,
originally requested by that organization for that fiscal
year, with the supporting narrative describing the rationale
for the requested funding level.
``(2) A summary of actual or estimated expenditures by that
organization for the fiscal year during which the budget is
submitted and for the fiscal year preceding that year.
``(3) The amount in the budget for that organization.
``(4) A detailed explanation of any inconsistencies between
the amount originally requested by the organization (shown
pursuant to paragraph (1)) and the amount in the budget for
that organization (shown pursuant to paragraph (3)).
``(5) The budget estimate for that organization for the
next five fiscal years after the fiscal year for which the
budget is submitted.
``(c) Department of Defense POW/MIA Accounting and Recovery
Organizations.--In this section, the term `Department of
Defense POW/MIA accounting and recovery organization' means
any of the following (and any successor organization):
``(1) The Defense Prisoner of War/Missing Personnel Office
(DPMO).
``(2) The Joint POW/MIA Accounting Command (JPAC).
``(3) The Armed Forces DNA Identification Laboratory
(AFDIL).
``(4) The Life Sciences Equipment Laboratory (LSEL) of the
Air Force.
``(5) Any other element of the Department of Defense the
mission of which (as designated by the Secretary of Defense)
involves the accounting for and recovery of members of the
armed forces who are missing in action or prisoners of war or
who are unaccounted for.
``(d) Other Definitions.--In this section:
``(1) The term `budget', with respect to a fiscal year,
means the budget for that fiscal year that is submitted to
Congress by the President under section 1105(a) of title 31.
``(2) The term `defense budget materials', with respect to
a fiscal year, means the materials submitted to Congress by
the Secretary of Defense in support of the budget for that
fiscal year.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``234. POW/MIA activities: display of budget information.''.
Subtitle H--Assistance to Local Educational Agencies for Defense
Dependents Education
SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST 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.--Of the amount authorized to be
appropriated pursuant to section 301(5) for operation and
maintenance for Defense-wide activities, $50,000,000 shall be
available only for the purpose of providing assistance to
local educational agencies under subsection (a) of section
572 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b).
(b) Assistance to Schools With Enrollment Changes Due to
Base Closures, Force Structure Changes, or Force
Relocations.--Of the amount authorized to be appropriated
pursuant to section 301(5) for operation and maintenance for
Defense-wide activities, $15,000,000 shall be available only
for the purpose of providing assistance to local educational
agencies under subsection (b) of such section 572.
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 8013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 572. ENROLLMENT IN DEFENSE DEPENDENTS' EDUCATION SYSTEM
OF DEPENDENTS OF FOREIGN MILITARY MEMBERS
ASSIGNED TO SUPREME HEADQUARTERS ALLIED POWERS,
EUROPE.
Section 1404A of the Defense Dependents' Education Act of
1978 (20 U.S.C. 923a) is amended--
(1) in subsection (a)--
(A) by striking ``of the children'' and inserting ``of--
``(1) the children'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following new paragraph:
``(2) the children of a foreign military member assigned to
the Supreme Headquarters Allied Powers, Europe, but only in a
school of the defense dependents' education system in Mons,
Belgium.''; and
(2) by adding at the end the following new subsection:
``(c) Special Rules Regarding Enrollment of Dependents of
Foreign Military Members Assigned to Supreme Headquarters
Allied Powers, Europe.--(1) In the regulations required by
subsection (a), the Secretary shall prescribe a methodology
based on the estimated total number of dependents of sponsors
under section 1414(2) enrolled in schools of the defense
dependents' education system in Mons, Belgium, to determine
the number of children described in paragraph (2) of
subsection (a) who will be authorized to enroll under such
subsection.
``(2) If the number of children described in paragraph (2)
of subsection (a) who seek enrollment in schools of the
defense dependents' education system in Mons, Belgium,
exceeds the number authorized by the Secretary under
paragraph (1), the Secretary may enroll the additional
children on a space-available, tuition-free basis
notwithstanding section 1404(d)(2).''.
Subtitle I--Postal Benefits
SEC. 575. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED
FORCES.
(a) In General.--The Secretary of Defense, in consultation
with the United States Postal Service, shall provide for a
program under which postal benefits shall be provided to
qualified individuals in accordance with this subtitle.
(b) Qualified Individual.--For purposes of this subtitle,
the term ``qualified individual'' means an individual--
(1) who is a member of the Armed Forces on active duty (as
defined in section 101 of title 10, United States Code); and
(2) who is--
(A) serving in Iraq or Afghanistan; or
(B) hospitalized at a facility under the jurisdiction of
the Armed Forces as a result of a disease or injury incurred
as a result of service in Iraq or Afghanistan.
(c) Postal Benefits Described.--
(1) In general.--The postal benefits provided under this
subtitle shall consist of such coupons or other similar
evidence of credit (whether in printed, electronic, or other
format, and hereinafter in this subtitle referred to as
``vouchers'') as the Secretary of Defense (in consultation
with the Postal Service) shall determine, entitling the
bearer or user to make qualified mailings free of postage.
(2) Qualified mailing.--For purposes of this subtitle, the
term ``qualified mailing'' means the mailing of any mail
matter which--
(A) is described in subparagraph (A), (B), (C), or (D) of
paragraph (3);
(B) is sent from within an area served by a United States
post office; and
(C) is addressed to a qualified individual.
(3) Mail matter described.--The mail matter described in
this paragraph is--
(A) any letter mail not exceeding 13 ounces in weight and
having the character of personal correspondence;
(B) any sound- or video-recorded communications not
exceeding 15 pounds in weight and having the character of
personal correspondence;
(C) any ground parcel not exceeding 15 pounds in weight;
and
(D) any bound printed matter not exceeding 15 pounds in
weight.
(4) Limitations.--
(A) Number.--An individual shall be eligible for one
voucher for each month in which such individual is a
qualified individual.
(B) Use.--Any such voucher may not be used--
(i) for more than a single qualified mailing; or
(ii) after the earlier of--
(I) the expiration date of such voucher, as designated by
the Secretary of Defense; or
(II) the last day of the one-year period referred to in
section 577.
(5) Coordination rule.--Postal benefits under this subtitle
shall be in addition to, and not in lieu of, any reduced
rates of postage or other similar benefits which might
otherwise be available by or under law, including any rates
of postage resulting from the application of section 3401(b)
of title 39, United States Code.
(d) Regulations.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense (in
consultation with the Postal Service) shall prescribe any
regulations necessary to carry out this subtitle, including--
(1) procedures by which vouchers will be provided or made
available (including measures to allow vouchers to reach, in
a timely manner, the persons selected by qualified
individuals to use the vouchers); and
(2) procedures to ensure that the number of vouchers
provided or made available with respect to any qualified
individual complies with subsection (c)(4)(A).
SEC. 576. FUNDING.
(a) In General.--Funding for the expenses incurred by the
Department of Defense for any
[[Page H2402]]
fiscal year in providing postal benefits under this subtitle
shall be paid out of funds authorized to be appropriated for
that fiscal year for a contingent emergency reserve fund or
as an emergency supplemental appropriations.
(b) Transfers to Postal Service.--
(1) Based on estimates.--The Secretary of Defense shall
transfer to the Postal Service, out of any amount so
appropriated and in advance of each calendar quarter during
which postal benefits under this subtitle may be used, an
amount equal to the amount of postal benefits that the
Secretary of Defense estimates will be used during such
quarter, reduced or increased (as the case may be) by any
amounts by which the Secretary finds that a determination
under this subtitle for a prior quarter was greater than or
less than the amount finally determined for such quarter.
(2) Based on final determination.--A final determination of
the amount necessary to correct any previous determination
under this section, and any transfer of amounts between the
Postal Service and the Department of Defense based on that
final determination, shall be made not later than six months
after the end of the one-year period referred to in section
577.
(c) Consultation Required.--All estimates and
determinations under this section of the amount of postal
benefits under this subtitle used in any period shall be made
by the Secretary of Defense in consultation with the Postal
Service.
SEC. 577. DURATION.
The postal benefits under this subtitle shall apply with
respect to mail matter sent during the one-year period
beginning on the date on which the regulations under section
575(d) take effect.
Subtitle J--Other Matters
SEC. 581. REDUCTION IN DEPARTMENT OF DEFENSE ACCRUAL
CONTRIBUTIONS TO DEPARTMENT OF DEFENSE MILITARY
RETIREMENT FUND.
(a) Determination of Contributions to the Fund.--
(1) Calculation of annual department of defense
contribution.--Subsection (b)(1) of section 1465 of title 10,
United States Code, is amended--
(A) in subparagraph (A)(ii), by striking ``to members of ''
and all that follows and inserting ``for active duty (other
than the Coast Guard) and for full-time National Guard duty
(other than full-time National Guard duty for training only),
but excluding any duty that would be excluded for active-duty
end strength purposes by section 115(i) of this title.''; and
(B) in subparagraph (B)(ii)--
(i) by striking ``Ready Reserve'' and inserting ``Selected
Reserve''; and
(ii) by striking ``Coast Guard and other than members on
full-time National Guard duty other than for training) who
are'' and inserting ``Coast Guard) for service''.
(2) Quadrennial actuarial valuation.--Subsection (c)(1) of
such section is amended --
(A) in subparagraph (A), by striking ``for members of the
armed forces'' and all that follows through ``for training
only)'' and inserting ``for active duty (other than the Coast
Guard) and for full-time National Guard duty (other than
full-time National Guard duty for training only), but
excluding any duty that would be excluded for active-duty end
strength purposes by section 115(i) of this title''; and
(B) in subparagraph (B)--
(i) by striking ``Ready Reserve'' and inserting ``Selected
Reserve''; and
(ii) by striking ``Coast Guard and other than members on
full-time National Guard duty other than for training) who
are'' and inserting ``Coast Guard) for service''.
(b) Payments Into the Fund.--Section 1466(a) of such title
is amended--
(1) in paragraph (1)(B), by striking ``by members'' and all
that follows and inserting ``for active duty (other than the
Coast Guard) and for full-time National Guard duty (other
than full-time National Guard duty for training only), but
excluding any duty that would be excluded for active-duty end
strength purposes by section 115(i) of this title''; and
(2) in paragraph (2)(B)--
(A) by striking ``Ready'' and inserting ``Selected''; and
(B) by striking ``Coast Guard and other than members on
full-time National Guard duty other than for training) who
are'' and inserting ``Coast Guard) for service''.
SEC. 582. DENTAL CORPS OF THE BUREAU OF MEDICINE AND SURGERY.
(a) Deletion of References to Dental Division.--Section
5138 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking the first sentence; and
(B) by striking ``Dental Division'' and inserting ``Dental
Corps'' in the second sentence;
(2) in subsection (b), by striking ``Dental Division'' and
inserting ``Dental Corps'';
(3) in subsection (c)--
(A) by striking ``so'' in the first sentence;
(B) by striking ``, that all such'' in the first sentence
and all that follows through ``Dental Division''; and
(C) by striking the second sentence.; and
(b) Functions of Chief of Dental Corps.--Subsection (d) of
such section is amended to read as follows:
``(d) The Chief of the Dental Corps shall serve as the
advisor to the Surgeon General on all matters relating
directly to dentistry, including professional standards and
policies for dental practice.''.
(c) Clerical Amendments.--
(1) The heading of such section is amended to read as
follows:
``Sec. 5138. Bureau of Medicine and Surgery: Dental Corps;
Chief''.
(2) The item relating to section 5138 in the table of
sections at the beginning of chapter 513 of such title is
amended to read as follows:
``5138. Bureau of Medicine and Surgery: Dental Corps; Chief.''.
SEC. 583. PERMANENT AUTHORITY FOR PRESENTATION OF RECOGNITION
ITEMS FOR RECRUITMENT AND RETENTION PURPOSES.
Section 2261 of title 10, United States Code, is amended by
striking subsection (d).
SEC. 584. REPORT ON FEASIBILITY OF ESTABLISHMENT OF MILITARY
ENTRANCE PROCESSING COMMAND STATION ON GUAM.
(a) Review.--The Secretary of Defense shall review the
feasibility and cost effectiveness of establishing on Guam a
station of the Military Entrance Processing Command to
process new recruits for the Armed Forces who are drawn from
the western Pacific region. For the purposes of the review,
the cost effectiveness of establishing such a facility on
Guam shall be measured, in part, against the system in effect
in early 2006 of using Hawaii and other locations for the
processing of new recruits from Guam and other locations in
the western Pacific region.
(b) Report.--Not later than June 1, 2007, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report providing the results of the study
under subsection (a).
SEC. 585. PERSONS AUTHORIZED TO ADMINISTER ENLISTMENT AND
APPOINTMENT OATHS.
(a) Enlistment Oath.--Section 502 of title 10, United
States Code, is amended--
(1) by inserting ``(a) Enlistment Oath.--'' before ``Each
person enlisting'';
(2) by striking the last sentence; and
(3) by adding at the end the following:
``(b) Who May Administer.--The oath may be taken before the
President, the Vice-President, the Secretary of Defense, any
commissioned officer, or any other person designated under
regulations prescribed by the Secretary of Defense.''.
(b) Oaths Generally.--Section 1031 of such title is amended
by striking ``Any commissioned officer of any component of an
armed force, whether or not on active duty, may administer
any oath'' and inserting ``The President, the Vice-President,
the Secretary of Defense, any commissioned officer, and any
other person designated under regulations prescribed by the
Secretary of Defense may administer any oath''.
SEC. 586. REPEAL OF REQUIREMENT FOR PERIODIC DEPARTMENT OF
DEFENSE INSPECTOR GENERAL ASSESSMENTS OF VOTING
ASSISTANCE COMPLIANCE AT MILITARY
INSTALLATIONS.
(a) Repeal of Duplicative Assessment Requirement.--Section
1566 of title 10, United States Code, is amended by striking
subsection (d).
(b) Repeal of Expired Provision.--Subsection (g)(2) of such
section is amended by striking the last sentence.
SEC. 587. PHYSICAL EVALUATION BOARDS.
(a) In General.--
(1) Procedural requirements.--Chapter 61 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1222. Physical evaluation boards
``(a) Response to Applications and Appeals.--The Secretary
of each military department shall ensure, in the case of any
member of the armed forces appearing before a physical
evaluation board under that Secretary's supervision, that
documents announcing a decision of the board in the case
convey the findings and conclusions of the board in an
orderly and itemized fashion with specific attention to each
issue presented by the member in regard to that member's
case. The requirement under the preceding sentence applies to
a case both during initial consideration and upon subsequent
consideration due to appeal by the member or other
circumstance.
``(b) Liaison Officer (PEBLO) Requirements and Training.--
(1) The Secretary of Defense shall prescribe regulations
establishing --
``(A) a requirement for the Secretary of each military
department to make available to members of the armed forces
appearing before physical evaluation boards operated by that
Secretary employees, designated as physical evaluation board
liaison officers, to provide advice, counsel, and general
information to such members on the operation of physical
evaluation boards operated by that Secretary; and
``(B) standards and guidelines concerning the training of
such physical evaluation board liaison officers.
``(2) The Secretary shall assess compliance by the
Secretary of each military department with physical
evaluation board liaison officer requirements and training
standards and guidelines at least once every three years.
``(c) Standardized Staff Training and Operations.--(1) The
Secretary of Defense shall prescribe regulations on standards
and guidelines concerning the physical evaluation board
operated by each of the Secretaries of the military
departments with regard to--
``(A) assignment and training of staff;
``(B) operating procedures; and
``(C) consistency and timeliness of board decisions.
``(2) The Secretary shall assess compliance with standards
and guidelines prescribed under paragraph (1) by each
physical evaluation board at least once every three years.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1222. Physical evaluation boards.''.
(b) Effective Date.--Section 1222 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to decisions rendered
[[Page H2403]]
on cases commenced more than 120 days after the date of the
enactment of this Act.
SEC. 588. DEPARTMENT OF LABOR TRANSITIONAL ASSISTANCE
PROGRAM.
(a) Required Participation for Certain Members.--Subsection
(c) of section 1144 of title 10, United States Code, is
amended to read as follows:
``(c) Participation.--(1) Except as provided in paragraph
(2), the Secretary of Defense shall require participation by
members of the armed forces eligible for assistance under the
program carried out under this section.
``(2) The Secretary of Defense need not require, but shall
encourage and otherwise promote, participation in the program
by the following members described in paragraph (1):
``(A) A member who has previously participated in the
program.
``(B) A member who, upon discharge or release from active
duty, is returning to--
``(i) a position of employment; or
``(ii) pursuit of an academic degree or other educational
or occupational training objective that the members was
pursuing when called or ordered to such active duty.
``(3) Members of the armed forces eligible for assistance
under this section include--
``(A) members of the reserve components being separated
from service on active duty for a period of more than 30
days; and
``(B) members of the National Guard being separated from
full-time National Guard duty.
``(4) The Secretary concerned shall ensure that commanders
of members who are required to be provided assistance under
this section authorize the members to be provided such
assistance during duty time.''.
(b) Required Updating of Materials.--Such section is
further amended by adding at the end the following new
subsection:
``(e) Updating of Materials.--The Secretary concerned
shall, on a continuing basis, update the content of the
materials used by the National Veterans Training Institute of
the Department of Labor and the Secretary's other materials
that provide direct training support to personnel who carry
out the program established in this section.''.
SEC. 589. REVISION IN GOVERNMENT CONTRIBUTIONS TO MEDICARE-
ELIGIBLE RETIREE HEALTH CARE FUND.
(a) Medicare Eligible Retiree Health Care Fund.--Section
1111 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``of the Department of
Defense'';
(2) in subsection (b), by adding at the end of the
following new paragraph:
``(5) The term `members of the uniformed services on active
duty' does not include a cadet at the United States Military
Academy, the United States Air Force Academy, or the Coast
Guard Academy or a midshipman at the United States Naval
Academy.''; and
(3) in the last sentence of subsection (c)--
(A) by striking ``Secretary of Defense'' and inserting
``Secretary of the Treasury''; and
(B) by striking ``section 1116(a)'' and inserting ``section
1116 of this title''.
(b) Determination of Contributions to the Fund.--Section
1115 of such title is amended--
(1) in the last sentence of subsection (a)--
(A) by inserting ``by the Secretary of the Treasury'' after
``Contributions to the Fund''; and
(B) by striking ``section 1116(c)'' and inserting ``section
1116(a)(1)''.
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking the
first sentence and inserting the following: ``The Secretary
of the Treasury, based on data provided by the Secretary of
Defense, shall determine, before the beginning of each fiscal
year, the amount that the Secretary of the Treasury shall
contribute to the Fund during that fiscal year under section
1116(a)(2) of this title.'';
(B) in paragraph (1)(B), by inserting before the period at
the end the following: ``, but excluding any member who would
be excluded for active-duty end strength purposes by section
115(I) of this title''; and
(C) 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
(3) in subsection (c)--
(A) in paragraph (1)(A), by inserting before the semicolon
the following: ``, but excluding any member who would be
excluded for active-duty end strength purposes by section
115(I) of this title'';
(B) in paragraph (1)(B)--
(I) by striking ``Ready Reserve'' and inserting ``Selected
Reserve''; and
(ii) by striking ``(other than members on full-time
National Guard duty other than for training)''; and
(C) in paragraph (5), by inserting after ``(5)'' the
following new sentence: ``The Secretary of Defense, before
the beginning of each fiscal year, shall promptly provide
data to the Secretary of the Treasury regarding the actuarial
valuations conducted under this subsection that would affect
the contributions of the Secretary of the Treasury to the
Fund for that fiscal year.''.
(c) Payments Into the Fund.--Section 1116 of such title is
amended--
(1) in the matter in subsection (a) preceding paragraph
(1)--
(A) by striking ``after September 30, 2005''; and
(B) by striking ``Treasury--'' and inserting ``Treasury the
following:'';
(2) by redesignating paragraph (2) of subsection (a) as
paragraph (3);
(3) by striking paragraph (1) of subsection (a) and
inserting the following:
``(1) The amount determined to be required as the
contribution to the Fund under subsection (a) of section 1115
of this title.
``(2) The amount determined to be required as the
contribution to the Fund under subsection (b) of section 1115
of this title.'';
(4) in paragraph (3) of subsection (a) (as redesignated by
paragraph (2)), by capitalizing the first letter of the first
word;
(5) by transferring paragraphs (3), (4), and (5) of
subsection (b) to the end of subsection (a) and redesignating
those paragraphs as paragraphs (4), (5), and (6),
respectively; and
(6) by striking subsection (b) (as amended by paragraph
(5)) and subsections (c) and (d) and inserting the following
new subsection (b):
``(b) No funds authorized or appropriated to the Department
of Defense may be used to fund, or otherwise provide for, the
payments required by this section.''.
(d) Effective Date.--The amendments made by this section
shall take effect with respect to payments under chapter 56
of title 10, United States Code, beginning with fiscal year
2008.
SEC. 590. MILITARY CHAPLAINS.
(a) United States Army.--Section 3547 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(c) Each chaplain shall have the prerogative to pray
according to the dictates of the chaplain's own conscience,
except as must be limited by military necessity, with any
such limitation being imposed in the least restrictive manner
feasible.''.
(b) United States Military Academy.--Section 4337 of such
title is amended--
(1) by inserting ``(a)'' before ``There''; and
(2) by adding at the end the following new subsection:
``(b) The Chaplain shall have the prerogative to pray
according to the dictates of the Chaplain's conscience,
except as must be limited by military necessity, with any
such limitation being imposed in the least restrictive manner
feasible.''.
(c) United States Navy and Marine Corps.--Section 6031 of
such title is amended by adding at the end the following new
subsection:
``(d) Each chaplain shall have the prerogative to pray
according to the dictates of the chaplain's own conscience,
except as must be limited by military necessity, with any
such limitation being imposed in the least restrictive manner
feasible.''.
(d) United States Air Force.--Section 8547 of such title is
amended by adding at the end the following new subsection:
``(c) Each chaplain shall have the prerogative to pray
according to the dictates of the chaplain's own conscience,
except as must be limited by military necessity, with any
such limitation being imposed in the least restrictive manner
feasible.''.
(e) United States Air Force Academy.--Section 9337 of such
title is amended--
(1) by inserting ``(a)'' before ``There''; and
(2) by adding at the end the following new subsection:
``(b) The Chaplain shall have the prerogative to pray
according to the dictates of the Chaplain's conscience,
except as must be limited by military necessity, with any
such limitation being imposed in the least restrictive manner
feasible.''.
SEC. 591. REPORT ON PERSONNEL REQUIREMENTS FOR AIRBORNE
ASSETS IDENTIFIED AS LOW-DENSITY, HIGH-DEMAND
AIRBORNE ASSETS.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report on personnel requirements for
airborne assets identified as Low-Density, High-Demand
Airborne Assets based on combatant commander requirements to
conduct and sustain operations for the global war on
terrorism.
(b) Matter To Be Included.--The report shall include the
following for each airborne asset identified as a Low-
Density, High-Demand Airborne Asset:
(1) The numbers of operations and maintenance crews to meet
tasking contemplated to conduct operations for the global war
on terrorism.
(2) The current numbers of operations and maintenance
crews.
(3) If applicable, shortages of operations and maintenance
crews.
(4) Whether such shortages are addressed in the future-
years defense program.
(5) Whether end-strength increases are required to meet any
such shortages.
(6) Costs of personnel needed to address shortfalls.
(7) If applicable, the number and types of equipment needed
to address training shortfalls.
SEC. 592. ENTREPRENEURIAL SERVICE MEMBERS EMPOWERMENT TASK
FORCE.
(a) Establishment.--The Secretary of Defense, in
coordination with the Administrator of the Small Business
Administration, shall establish a task force to provide
timely input to the Secretary and the Administrator with
respect to--
(1) measures that would improve the programs and activities
of the Department and the Administration that are designed to
address the economic concerns, as well as the business
challenges and opportunities, of entrepreneurial service
members; and
(2) measures that would improve the coordination of the
programs and activities relating to entrepreneurial service
members conducted by--
(A) the National Committee for Employer Support of the
National Guard and Reserve;
(B) Veterans Business Outreach Centers;
(C) Federal procurement entities; and
(D) any other elements within, or affiliates of, the
Department of Defense or the Small Business Administration.
[[Page H2404]]
(b) Plan.--The task force shall develop within 90 days
after its first meeting, and revise as appropriate
thereafter, a plan for carrying out the duty under subsection
(a).
(c) Consultation.--In carrying out the duty under
subsection (a), the task force shall consult with appropriate
Federal, State, and local agencies and appropriate elements
of the private sector, including academic institutions and
industry representatives.
(d) Composition.--
(1) Co-chairs.--The task force shall have two co-chairs,
one an officer or employee of the Department of Defense
assigned by the Secretary, and one an officer or employee of
the Small Business Administration assigned by the
Administrator. The initial assignments shall be made within
60 days after the date of the enactment of this Act.
(2) Other members.--The Secretary, in coordination with the
Administrator, shall appoint the remaining task force
members, numbering not less than 8 and not more than 15. The
selections shall be made within 120 days after the date of
the enactment of this Act. The Secretary, in coordination
with the Administrator, shall ensure that the task force
includes individuals from both public service and the private
sector, and that each of the following groups is represented
on the task force:
(A) Entrepreneurial service members who are owners of small
businesses.
(B) Small businesses that employ entrepreneurial service
members as essential employees.
(C) Associations that further the interests of small
businesses, members of the reserve components of the Armed
Forces, or both.
(D) Any other entities that the Secretary, in coordination
with the Administrator, considers appropriate.
(3) Compensation.--An individual serving as a member of the
task force shall not receive compensation by reason of that
service.
(e) Meetings.--
(1) Frequency.--The task force shall meet not less
frequently than twice per year. The initial meeting shall be
held within 150 days after the date of the enactment of this
Act.
(2) Quorum.--A majority of the members of the task force
shall constitute a quorum.
(f) Reports.--The task force shall provide to the Secretary
and the Administrator not only the minutes of each meeting,
but also a report of its findings and recommendations, should
there be any, within 90 days of each meeting. Not later than
60 days after the receipt of such a report--
(1) the Secretary shall submit a copy of the report to the
Committee on Armed Services of the House of Representatives
and the Committee on Armed Services of the Senate; and
(2) the Administrator shall submit a copy of the report to
the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate.
(g) Detail of Certain Federal Employees.--The Secretary may
detail an officer or employee of the Department of Defense,
and the Administrator may detail an officer or employee of
the Small Business Administration, to the task force without
additional reimbursement and without interruption or loss of
civil status or privilege.
(h) Expenses.--The Department of Defense and the Small
Business Administration shall share equally in the cost of
supporting the task force.
(i) Definition.--In this section, the term
``entrepreneurial service member'' means an individual who is
both--
(1) an actual or prospective owner of, or an essential
employee of, a small business; and
(2) a member of a reserve component of the Armed Forces.
(j) Termination.--The task force shall terminate September
30, 2009.
SEC. 593. COMPTROLLER GENERAL REPORT ON MILITARY
CONSCIENTIOUS OBJECTORS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General
shall submit to Congress a report concerning the frequency
and consequences of members of the Armed Forces claiming
status as a military conscientious objector between January
1, 1989, and December 31, 2006.
(b) Content of Report.--The report shall specifically
address the following:
(1) The number of all applications for status as a military
conscientious objector, even if the application was not acted
on or other discharge given, broken down by military branch,
including the Coast Guard, and regular and reserve
components.
(2) Number of discharges or reassignments given.
(3) The process used to consider applications, including
average time frame and any reassignment to non-combatant
duties while claim pending.
(4) Reasons for approval or disapproval of applications.
(5) Any difference in benefits upon discharge as a military
conscientious objector compared to other discharges.
(6) The effect of stop loss provisions in First Gulf War
and currently, cancellation of orders to combat or rear
attachment duty while claim pending.
(7) Pre-war statistical comparisons.
SEC. 594. COMMISSION ON THE NATIONAL GUARD AND RESERVES.
(a) Six-Month Extension of Commission.--Subsection (f)(2)
of section 513 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 1882) is amended by striking ``one year'' and
inserting ``18 months''.
(b) Additional Matters to Be Reviewed by Commission.--The
Commission on the National Guard and Reserves shall include
among the matters it studies (in addition to the matters
specified in subsection (c) of such section 513) the
following:
(1) Provisions of h.r. 5200, 109th congress.--The
advisability and feasibility of implementing the provisions
of H.R. 5200 of the 109th Congress, as introduced in the
House of Representatives on April 26, 2006.
(2) Chief of national guard bureau.--As an alternative to
implementation of the provisions of the bill specified in
paragraph (1) that provide for the Chief of the National
Guard Bureau to be a member of the Joint Chiefs of Staff and
to hold the grade of general, the advisability and
feasibility of providing for the Chief of the National Guard
Bureau to hold the grade of general in the performance of the
current duties of that office.
(3) National guard equipment and funding requirements.--The
adequacy of the Department of Defense processes for defining
the equipment and funding necessary for the National Guard to
conduct both its responsibilities under title 10, United
States Code, and its responsibilities under title 32, United
States Code, including homeland defense and related homeland
missions, including as part of such study--
(A) consideration of the extent to which those processes
should be developed taking into consideration the views of
the Chief of the National Guard Bureau, as well as the views
of the 54 Adjutant Generals and the views of the Chiefs of
the Army National Guard and the Air Guard; and
(B) whether there should be an improved means by which
National Guard equipment requirements are validated by the
Joint Chiefs of Staff and are considered for funding by the
Secretaries of the Army and Air Force.
(c) Priority Review and Report.--
(1) Priority review.--The Commission on the National Guard
and Reserves shall carry out its study of the matters
specified in paragraphs (1) and (2) of subsection (b) on a
priority basis, with a higher priority for matters under
those paragraphs relating to the grade and functions of the
Chief of the National Guard Bureau.
(2) Report.--In addition to the reports required under
subsection (f) of section 513 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 1882), the Commission shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives an interim report, not later than March 1,
2007, specifically on the matters covered by paragraph (1).
In such report, the Commission shall set forth its findings
and any recommendations it considers appropriate with respect
to those matters.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2007.
Sec. 602. Targeted increase in basic pay rates.
Sec. 603. Conforming change in general and flag officer pay cap to
reflect increase in pay cap for Senior Executive Service
personnel.
Sec. 604. Availability of second basic allowance for housing for
certain reserve component or retired members serving in
support of contingency operations.
Sec. 605. Extension of temporary continuation of housing allowance for
dependents of members dying on active duty to spouses who
are also members.
Sec. 606. Clarification of effective date of prohibition on
compensation for correspondence courses.
Sec. 607. Payment of full premium for coverage under Servicemembers'
Group Life Insurance program during service in Operation
Enduring Freedom or Operation Iraqi Freedom.
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 bonus and special pay authorities for health
care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. Extension of other bonus, special pay, and separation pay
authorities.
Sec. 615. Expansion of eligibility of dental officers for additional
special pay.
Sec. 616. Increase in maximum annual rate of special pay for Selected
Reserve health care professionals in critically short
wartime specialties.
Sec. 617. Authority to provide lump sum payment of nuclear officer
incentive pay.
Sec. 618. Increase in maximum amount of nuclear career accession bonus.
Sec. 619. Increase in maximum amount of incentive bonus for transfer
between armed forces.
Sec. 620. Clarification regarding members of the Army eligible for
bonus for referring other persons for enlistment in the
Army.
Sec. 621. Pilot program for recruitment bonus for critical health care
specialties.
Sec. 622. Enhancement of temporary program of voluntary separation pay
and benefits.
Sec. 623. Additional authorities and incentives to encourage retired
members and reserve component members to volunteer to
serve on active duty in high-demand, low-density
assignments.
[[Page H2405]]
Subtitle C--Travel and Transportation Allowances
Sec. 631. Authority to pay costs associated with delivery of motor
vehicle to storage location selected by member and
subsequent removal of vehicle.
Sec. 632. Transportation of additional motor vehicle of members on
change of permanent station to or from nonforeign areas
outside the continental United States.
Sec. 633. Travel and transportation allowances for transportation of
family members incident to illness or injury of members.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Military Survivor Benefit Plan beneficiaries under insurable
interest coverage.
Sec. 642. Retroactive payment of additional death gratuity for certain
members not previously covered.
Sec. 643. Equity in computation of disability retired pay for reserve
component members wounded in action.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 651. Treatment of price surcharges of tobacco products and certain
other merchandise sold at commissary stores.
Sec. 652. Limitation on use of Department of Defense lease authority to
undermine commissaries and exchanges and other morale,
welfare, and recreation programs and nonappropriated fund
instrumentalities.
Sec. 653. Use of nonappropriated funds to supplement or replace
appropriated funds for construction of facilities of
exchange stores system and other nonappropriated fund
instrumentalities, military lodging facilities, and
community facilities.
Sec. 654. Report on cost effectiveness of purchasing commercial
insurance for commissary and exchange facilities and
facilities of other morale, welfare, and recreation
programs and nonappropriated fund instrumentalities.
Subtitle F--Other Matters
Sec. 661. Repeal of annual reporting requirement regarding effects of
recruitment and retention initiatives.
Sec. 662. Pilot project regarding providing golf carts accessible for
disabled persons at military golf courses.
Sec. 663. Enhanced authority to remit or cancel indebtedness of members
of the Armed Forces incurred on active duty.
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2007.
(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) Increase in Basic Pay.--Effective on January 1, 2007,
the rates of monthly basic pay for members of the uniformed
services are increased by 2.7 percent.
SEC. 602. TARGETED INCREASE IN 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:
COMMISSIONED OFFICERS1
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-102 $0.00 $0.00 $0.00 $0.00 $0.00
O-9 0.00 0.00 0.00 0.00 0.00
O-8 8,494.20 8,772.60 8,957.10 9,008.70 9,239.10
O-7 7,058.40 7,386.00 7,538.10 7,658.40 7,876.80
O-6 5,231.40 5,747.40 6,124.50 6,124.50 6,147.60
O-5 4,361.10 4,912.80 5,253.00 5,316.90 5,529.00
O-4 3,762.90 4,356.00 4,646.40 4,711.50 4,981.20
O-33 3,308.40 3,750.60 4,048.20 4,413.60 4,624.50
O-23 2,858.10 3,255.60 3,749.70 3,876.30 3,956.10
O-13 2,481.30 2,582.40 3,121.80 3,121.80 3,121.80
---------------------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
---------------------------------------------------------------------
O-102 $0.00 $0.00 $0.00 $0.00 $0.00
O-9 0.00 0.00 0.00 0.00 0.00
O-8 9,624.00 9,713.40 10,079.10 10,183.80 10,498.80
O-7 8,092.20 8,341.80 8,590.80 8,840.40 9,624.00
O-6 6,411.30 6,446.10 6,446.10 6,812.40 7,460.10
O-5 5,656.20 5,935.20 6,140.10 6,404.40 6,809.70
O-4 5,270.40 5,630.10 5,911.20 6,105.90 6,217.80
O-33 4,856.70 5,007.00 5,253.90 5,382.30 5,382.30
O-23 3,956.10 3,956.10 3,956.10 3,956.10 3,956.10
O-13 3,121.80 3,121.80 3,121.80 3,121.80 3,121.80
---------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
---------------------------------------------------------------------
O-102 $0.00 $13,725.90 $13,793.10 $14,079.90 $14,579.70
O-9 0.00 12,005.10 12,177.60 12,427.80 12,863.70
O-8 10,954.20 11,374.50 11,655.00 11,655.00 11,655.00
O-7 10,286.10 10,286.10 10,286.10 10,286.10 10,338.30
O-6 7,840.20 8,220.00 8,436.30 8,655.00 9,080.10
O-5 7,002.30 7,192.80 7,409.10 7,409.10 7,409.10
O-4 6,282.90 6,282.90 6,282.90 6,282.90 6,282.90
O-33 5,382.30 5,382.30 5,382.30 5,382.30 5,382.30
O-23 3,956.10 3,956.10 3,956.10 3,956.10 3,956.10
O-13 3,121.80 3,121.80 3,121.80 3,121.80 3,121.80
----------------------------------------------------------------------------------------------------------------
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned
oficers in pay grades 0-7 through 0-10 may not exceed the rate of pay for level II of the Executive Schedule
and the actual rate of basic pay for all other officers may not 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 $16,037.40, 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 pay grade O-1, O-2, or O-3 who have been credited with
over 4 years of active duty service as an enlisted member or warrant officer.
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 $4,413.60 $4,624.50
O-2E 0.00 0.00 0.00 3,876.30 3,956.10
O-1E 0.00 0.00 0.00 3,121.80 3,333.90
---------------------------------------------------------------------
[[Page H2406]]
Over 8 Over 10 Over 12 Over 14 Over 16
---------------------------------------------------------------------
0-3E $4,856.70 $5,007.00 $5,253.90 $5,462.10 $5,581.20
0-2E 4,082.10 4,294.20 4,458.90. 4,581.00 4,581.00
0-1E 3,456.90 3,582.90 3,706.80 3,876.30 3,876.30
---------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
---------------------------------------------------------------------
0-3E $5,743.80 $5,743.80 $5,743.80 $5,743.80 $5,743.80
0-2E 4,581.00 4,581.00 4,581.00 4,581.00 4,581.00
0-1E 3,876.30 3,876.30 3,876.30 3,876.30 3,876.30
----------------------------------------------------------------------------------------------------------------
WARRANT OFFICERS1
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 3,418.80 3,677.70 3,783.60 3,887.40 4,066.20
W-3 3,122.10 3,252.30 3,385.50 3,429.60 3,569.40
W-2 2,762.70 3023.40 3,104.40 3,159.90 3,338.70
W-1 2,425.20 2,685.00 2,756.40 2,904.30 3,080.10
---------------------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
---------------------------------------------------------------------
W-5 $0.00 $0.00 $0.00 $0.00 $0.00
W-4 4,242.90 4,422.30 4,691.40 4,927.80 5152.80
W-3 3,843.90 4,130.10 4,265.40 4,421.40 4,582.20
W-2 3,616.80 3,754.80 3,890.70 4,056.60 4,186.20
W-1 3,337.80 3,458.40 3,627.00 3,792.90 3,922.80
---------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
---------------------------------------------------------------------
W-5 $0.00 $6,078.30 $6,386.10 $6,615.60 $6,869.70
W-4 5,336.40 5,516.10 5,779.50 5,995.80 6,242.70
W-3 4,870.50 5,065.80 5,181.90 5,306.40 5,475.30
W-2 4,303.80 4,444.20 4,536.90 4,611.30 4,611.30
W-1 4,042.80 4,188.90 4,188.90 4,188.90 4,188.90
----------------------------------------------------------------------------------------------------------------
1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for warrant officers
may not exceed the rate of pay for level V of the Executive Schedule.
ENLISTED MEMBERS1
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-92 $0.00 $0.00 $0.00 $0.00 $0.00
E-8 0.00 0.00 0.00 0.00 0.00
E-7 2,350.50 2,565.60 2,663.70 2,794.20 2,895.60
E-6 2,033.10 2,236.80 2,335.80 2,431.50 2,531.70
E-5 1,863.00 1,987.50 2,083.50 2,181.90 2,335.20
E-4 1,707.90 1,795.20 1,892.40 1,988.10 2,073.00
E-3 1,541.70 1,638.90 1,737.60 1,737.60 1,737.60
E-2 1,465.80 1,465.80 1,465.80 1,465.80 1,465.80
E-13 1,308.00 1,308.00 1,308.00 1,308.00 1,308.00
---------------------------------------------------------------------
Over 8 Over 10 Over 12 Over 14 Over 16
---------------------------------------------------------------------
E-92 $0.00 $4,130.70 $4,224.30 $4,342.50 $4,481.40
E-8 3,381.30 3,531.00 3,623.70 3,734.40 3,854.70
E-7 3,070.20 3,168.30 3,326.70 3,471.00 3,569.70
E-6 2,757.60 2,845.20 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 2,073.00 2,073.00 2,073.00 2,073.00 2,073.00
E-3 1,737.60 1,737.60 1,737.60 1,737.60 1,737.60
E-2 1,465.80 1,465.80 1,465.80 1,465.80 1,465.80
E-13 1,308.00 1,308.00 1,308.00 1,308.00 1,308.00
---------------------------------------------------------------------
Over 18 Over 20 Over 22 Over 24 Over 26
---------------------------------------------------------------------
E-92 $4,620.90 $4,845.30 $5,034.60 $5,234.70 $5,539.50
E-8 4,071.60 4,181.40 4,368.60 4,472.40 4,727.70
E-7 3,674.40 3,715.50 3,852.00 3,944.40 4,224.60
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 2,073.00 2,073.00 2,073.00 2,073.00 2,073.00
E-3 1,737.60 1,737.60 1,737.60 1,737.60 1,737.60
E-2 1,465.80 1,465.80 1,465.80 1,465.80 1,465.80
E-13 1,308.00 1,308.00 1,308.00 1,308.00 1,308.00
----------------------------------------------------------------------------------------------------------------
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, the rate of basic pay for an enlisted member in this grade while serving as
Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force,
Sergeant Major of the Marine Corps, Master Chief Petty Officer of the Coast Guard, or Senior Enlisted Advisor
to the Chairman of the Joint Chiefs of Statff is $6,675.00, regardless of cumulative years of service computed
under section 205 of title 37, United States Code.
3 In the case of members in pay grade E-1 who have served less than 4 months on active duty, the rate of basic
pay is $1,209.90.
[[Page H2407]]
SEC. 603. CONFORMING CHANGE IN GENERAL AND FLAG OFFICER PAY
CAP TO REFLECT INCREASE IN PAY CAP FOR SENIOR
EXECUTIVE SERVICE PERSONNEL.
(a) Increase.--Section 203(a)(2) of title 37, United States
Code, is amended by striking ``level III of the Executive
Schedule'' and inserting ``level II of the Executive
Schedule''.
(b) Effective Date.--The amendment made by this section
shall take effect on October 1, 2006.
SEC. 604. AVAILABILITY OF SECOND BASIC ALLOWANCE FOR HOUSING
FOR CERTAIN RESERVE COMPONENT OR RETIRED
MEMBERS SERVING IN SUPPORT OF CONTINGENCY
OPERATIONS.
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) The Secretary concerned may provide a basic allowance
for housing to a member described in paragraph (1) at a
monthly rate equal to the rate of the basic allowance for
housing established under subsection (b) or the overseas
basic allowance for housing established under subsection (c),
whichever applies to the location at which the member is
serving, for members in the same grade at that location
without dependents. The member may receive both a basic
allowance for housing under paragraph (1) and under this
paragraph for the same month, but may not receive the portion
of the allowance authorized under section 404 of this title,
if any, for lodging expenses if a basic allowance for housing
is provided under this paragraph.''; and
(3) in paragraph (3), as so redesignated, by striking
``Paragraph (1)'' and inserting ``Paragraphs (1) and (2)''.
SEC. 605. EXTENSION OF TEMPORARY CONTINUATION OF HOUSING
ALLOWANCE FOR DEPENDENTS OF MEMBERS DYING ON
ACTIVE DUTY TO SPOUSES WHO ARE ALSO MEMBERS.
(a) Extension.--Section 403(l) of title 37, United States
Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) An allowance may be paid under paragraph (2) to the
spouse of the deceased member even though the spouse is also
a member of the uniformed services. The allowance paid under
such paragraph is in addition to any other pay and allowances
to which the spouse is entitled as a member.''.
(b) Effective Date.--
(1) General rule.--The amendments made by subsection (a)
shall take effect on October 1, 2006.
(2) Transitional rule.--After October 1, 2006, the
Secretary of Defense, and the Secretary of Homeland Security
in the case of the Coast Guard, may pay the allowance
authorized by section 403(l)(2) of title 37, United States
Code, to a member of the uniformed services who is the spouse
of a member who died on active duty during the one-year
period ending on that date, except that the payment of the
allowance must terminate within 365 days after the date of
the member's death.
SEC. 606. CLARIFICATION OF EFFECTIVE DATE OF PROHIBITION ON
COMPENSATION FOR CORRESPONDENCE COURSES.
Section 206(d) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
``(3) The prohibition in paragraph (1), including the
prohibition as it relates to a member of the National Guard
while not in Federal service, applies to--
``(A) any work or study performed on or after September 7,
1962, unless that work or study is specifically covered by
the exception in paragraph (2); and
``(B) any claim based on that work or study arising after
that date.''.
SEC. 607. PAYMENT OF FULL PREMIUM FOR COVERAGE UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE PROGRAM
DURING SERVICE IN OPERATION ENDURING FREEDOM OR
OPERATION IRAQI FREEDOM.
(a) Enhanced Allowance to Cover SGLI Deductions.--
Subsection (a)(1) of section 437 of title 37, United States
Code, is amended by striking ``for the first $150,000'' and
all that follows through ``of such title'' and inserting
``for the amount of Servicemembers' Group Life Insurance
coverage held by the member under section 1967 of such
title''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in subsection (a)--
(A) by striking ``(1)'' before ``in the case of''; and
(B) by striking paragraph (2);
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b) and
in paragraph (2) of that subsection by striking ``coverage
amount specified in subsection (a)(1) or in effect pursuant
to subsection (b),'' and inserting ``maximum coverage amount
available for such insurance,''.
(c) Clerical Amendments.--The heading for such section, and
the item relating to such section in the table of sections at
the beginning of chapter 7 of such title, are each amended by
striking the fourth and fifth words.
(d) Effective Date.--The amendments made by this section
shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act
and shall apply with respect to service by members of the
Armed Forces in the theater of operations for Operation
Enduring Freedom or Operation Iraqi Freedom for months
beginning on or after that date.
(e) Funding Source.--Of the amounts authorized to be
appropriated to the Department of Defense for military
personnel accounts as emergency supplemental appropriations
for fiscal years 2006 and 2007 to provide funds for
additional costs due to Operation Iraqi Freedom and Operation
Enduring Freedom, $31,000,000 shall be available to cover the
additional costs incurred to implement the amendments made by
this section.
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(h)(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 BONUS AND SPECIAL PAY AUTHORITIES FOR
HEALTH CARE PROFESSIONALS.
(a) Nurse Officer Candidate Accession Program.--Section
2130a(a)(1) of title 10, United States Code, is amended by
striking ``December 31, 2006'' and inserting ``December 31,
2007''.
(b) Repayment of Education Loans for Certain Health
Professionals Who Serve in the Selected Reserve.--Section
16302(d) of such title is amended by striking ``January 1,
2007'' and inserting ``January 1, 2008''.
(c) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2006'' and inserting ``December 31,
2007''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December
31, 2006'' and inserting ``December 31, 2007''.
(e) Special Pay for Selected Reserve Health 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 OTHER BONUS, SPECIAL PAY, AND
SEPARATION PAY AUTHORITIES.
(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 for Active Members.--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.--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) Military Occupational Specialty Conversion Incentive
Bonus.--Section 326(g) of such title is amended by striking
``December 31, 2006'' and inserting ``December 31, 2007''.
(h) Transfer Between Armed Forces Incentive Bonus.--Section
327(h) of such title is amended by striking ``December 31,
2006'' and inserting ``December 31, 2007''.
SEC. 615. EXPANSION OF ELIGIBILITY OF DENTAL OFFICERS FOR
ADDITIONAL SPECIAL PAY.
(a) Repeal of Internship and Residency Exception.--Section
302b(a)(4) of title 37, United
[[Page H2408]]
States Code, is amended by striking the first sentence and
inserting the following new sentence: ``An officer who is
entitled to variable special pay under paragraph (2) or (3)
is also entitled to additional special pay for any 12-month
period during which an agreement executed under subsection
(b) is in effect with respect to the officer.''.
(b) Effective Date.--The amendment made by this section
shall take effect on October 1, 2006.
SEC. 616. INCREASE IN MAXIMUM ANNUAL RATE OF SPECIAL PAY FOR
SELECTED RESERVE HEALTH CARE PROFESSIONALS IN
CRITICALLY SHORT WARTIME SPECIALTIES.
(a) Increase.--Section 302g(a) of title 37, United States
Code, is amended by striking ``$10,000'' and inserting
``$25,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2006.
SEC. 617. AUTHORITY TO PROVIDE LUMP SUM PAYMENT OF NUCLEAR
OFFICER INCENTIVE PAY.
(a) Lump Sum Payment Option.--Subsection (a) of section 312
of title 37, United States Code, is amended in the matter
after paragraph (3)--
(1) by striking ``in equal annual installments'' and
inserting ``in a single lump-sum or in annual installments of
equal or different amounts''; and
(2) by striking ``with the number of installments being
equal to the number of years covered by the contract plus
one'' and inserting ``and, if the special pay will be paid in
annual installments, the number of installments may not
exceed the number of years covered by the agreement plus
one''.
(b) Clerical and Conforming Amendments.--Such section is
further amended--
(1) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(2) in subsection (a)--
(A) by striking ``an officer'' in the matter before
paragraph (1) and inserting ``the Secretary may pay special
pay under subsection (b) to an officer'';
(B) by striking the semicolon at the end of paragraph (3)
and inserting a period;
(C) by striking ``may, upon'' and all that follows through
``The Secretary of the Navy shall'' and inserting the
following:
``(b) Payment Amount; Payment Options.--(1) The total
amount paid to an officer under an agreement under subsection
(a) or (e)(1) may not exceed $30,000 for each year of the
active-service agreement. Amounts paid under the agreement
are in addition to all other compensation to which the
officer is entitled.
``(2) The Secretary shall'';
(D) by striking ``Upon acceptance of the agreement by the
Secretary or his designee'' and inserting the following:
``(3) Upon acceptance of an agreement under subsection (a)
or (e)(1) by the Secretary '';
(E) by striking ``The Secretary (or his designee)'' and
inserting the following:
``(4) The Secretary'';
(3) in subsection (c), as redesignated by paragraph (1), by
striking ``subsection (a) or subsection (d)(1)'' and
inserting ``subsection (b) or (e)(1)''; and
(4) in the first sentence of subsection (e)(1), as
redesignated by paragraph (1)--
(A) by striking ``such subsection'' and inserting
``subsection (b)''; and
(B) by striking ``that subsection'' and inserting ``this
subsection''.
(c) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Special Pay
Authorized; Eligibility.--'' after ``(a)'';
(2) in subsection (c), as redesignated by subsection
(b)(1), by inserting ``Repayment.--'' after ``(c)'';
(3) in subsection (d), as redesignated by subsection
(b)(1), by inserting ``Relation to Service Obligation.--''
after ``(d)'';
(4) in subsection (e), as redesignated by subsection
(b)(1), by inserting ``New Agreement.--'' after ``(e)''; and
(5) in subsection (f), as redesignated by subsection
(b)(1), by inserting ``Duration of Authority.--'' after
``(f)''.
SEC. 618. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CAREER
ACCESSION BONUS.
(a) Increase.--Section 312b(a)(1) of title 37, United
States Code, is amended by striking ``$20,000'' and inserting
``$30,000''.
(b) Effective Date.--The amendment made by this section
shall take effect on October 1, 2006.
SEC. 619. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE BONUS FOR
TRANSFER BETWEEN ARMED FORCES.
(a) Increase.--Section 327(d)(1) of title 37, United States
Code, is amended by striking ``$2,500'' and inserting
``$10,000''.
(b) Effective Date.--The amendment made by this section
shall take effect on October 1, 2006.
SEC. 620. CLARIFICATION REGARDING MEMBERS OF THE ARMY
ELIGIBLE FOR BONUS FOR REFERRING OTHER PERSONS
FOR ENLISTMENT IN THE ARMY.
Section 645(a) 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 ``, whether in the regular component of the
Army or in the Army National Guard or Army Reserve,'' and
inserting ``described in paragraph (2)''; and
(3) by adding at the end the following new paragraph:
``(2) Members eligible for bonus.--Subject to subsection
(c), the following members of the Army 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.''.
SEC. 621. PILOT PROGRAM FOR RECRUITMENT BONUS FOR CRITICAL
HEALTH CARE SPECIALTIES.
(a) Pilot Program.--Section 2121 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(e)(1) The Secretary of Defense may carry out a pilot
program for payment of a recruitment incentive bonus to
increase participation in the program. The Secretary shall
prescribe regulations specifying the amount and terms of the
bonus. The bonus shall be used to improve recruitment for
critical health care specialties. A bonus under the pilot
program shall be in addition to the stipend under subsection
(d).
``(2) The amount prescribed under paragraph (1) for the
bonus under the pilot program shall be determined by the
Secretary.
``(3) The scope of the pilot program shall be limited to no
more than 100 total participants in no more than five
critical medical specialties. The program shall last no more
than two years, beginning on the earlier of the date the
first participant is selected or January 1, 2010. ''.
(b) Reports.--The Secretary of Defense shall prepare a mid-
term report and a final report on the findings and
recommendations resulting from the pilot program. The
Secretary shall submit those reports to the Committees on
Armed Services of the Senate and the House of
Representatives.
SEC. 622. ENHANCEMENT OF TEMPORARY PROGRAM OF VOLUNTARY
SEPARATION PAY AND BENEFITS.
(a) One-Year Extension of Authority.--Section 1175a(k)(1)
of title 10, United States Code, is amended by striking
``December 31, 2008,'' and inserting ``December 31, 2009''.
(b) Expansion of Eligible Members.--Section 643 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 119 Stat. 3306) is amended by striking
subsection (b).
SEC. 623. ADDITIONAL AUTHORITIES AND INCENTIVES TO ENCOURAGE
RETIRED MEMBERS AND RESERVE COMPONENT MEMBERS
TO VOLUNTEER TO SERVE ON ACTIVE DUTY IN HIGH-
DEMAND, LOW-DENSITY ASSIGNMENTS.
(a) Authority to Offer Incentive Bonus.--Chapter 5 of title
37, United States Code, is amended by adding at the end the
following new section:
``Sec. 329. Incentive bonus: retired members and reserve
component members volunteering for high-demand, low-density
assignments
``(a) Incentive Bonus Authorized.--The Secretary of Defense
may pay a bonus under this section to a retired member or
former member of the Army, Navy, Air Force, or Marine Corps
or to a member of a reserve component of the Army, Navy, Air
Force, or Marine Corps (who is not otherwise serving on
active duty) who executes a written agreement to serve on
active duty for a period specified in the agreement in an
assignment intended to alleviate a high-demand, low-density
military capability or in any other specialty designated by
the Secretary as critical to meet wartime or peacetime
requirements.
``(b) Maximum Amount of Bonus.--A bonus under subsection
(a) and any incentive developed under subsection (d) may not
exceed $50,000.
``(c) Methods of Payment.--At the election of the
Secretary, a bonus under subsection (a) and any incentive
developed under subsection (d) shall be paid or provided--
``(1) when the member commences service on active duty; or
``(2) in annual installments in such amounts as may be
determined by the Secretary.
``(d) Development of Additional Incentives.--(1) The
Secretary may develop and provide to members referred to in
subsection (a) additional incentives to encourage such
members to return to active duty in assignments intended to
alleviate a high-demand, low-density military capability or
in others specialties designated by the Secretary as critical
to meet wartime or peacetime requirements.
``(2) The provision of any incentive developed under this
subsection shall be subject to an agreement, as required for
bonuses under subsection (a).
``(3) Not later than 30 days before first offering any
incentive developed under this subsection, the Secretary
shall submit to the congressional defense committees a report
that contains a description of that incentive and an
explanation why a bonus under subsection (a) or other pay and
allowances are not sufficient to alleviate the high-demand,
low-density military capability or otherwise fill critical
military specialties.
``(e) Relationship to Other Pay and Allowances.--A bonus or
other incentive paid or provided to a member under this
section is in addition to any other pay and allowances to
which the member is entitled.
``(f) Repayment.--A member who does not complete the period
of active duty specified in the agreement executed under
subsection (a) or (d) shall be subject to the repayment
provisions of section 303a(e) of this title.
``(g) High-Demand, Low-Density Assignment Defined.--In this
section, the term `high-demand, low-density military
capability' means a combat, combat support or service support
capability, unit, system, or occupational specialty that the
Secretary determines has funding, equipment, or personnel
levels that are substantially below the levels required to
fully meet or sustain actual or expected operational
requirements set by regional commanders.
[[Page H2409]]
``(h) Regulations.--The Secretary of Defense may prescribe
such regulations as the Secretary considers necessary to
carry out this section.
``(i) Termination of Authority.--No agreement under
subsection (a) or (d) may be entered into after December 31,
2010.''.
(b) Temporary Authority to Order Retired Members to Active
Duty in High-Demand, Low-Density Assignments.--Section 688a
of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking the first sentence and inserting the
following new sentence: ``The Secretary of a military
department may order to active duty a retired member who
agrees to serve on active duty in an assignment intended to
alleviate a high-demand, low-density military capability or
in any other specialty designated by the Secretary as
critical to meet wartime or peacetime requirements.''; and
(B) in the second sentence, by striking ``officer'' both
places it appears and inserting ``member'';
(2) in subsection (b), by striking ``an officer'' and
inserting ``a member'';
(3) in subsection (c), by striking ``500 officers'' and
inserting ``1,000 members'';
(4) in subsection (d), by striking ``officer'' and
inserting ``member'';
(5) in subsection (e), by striking ``Officers'' and
inserting ``Retired members'';
(6) in subsection (f)--
(A) by striking ``An officer'' and inserting ``A retired
member''; and
(B) by striking ``September 30, 2008'' and inserting
``December 31, 2010''; and
(7) by adding at the end the following new subsection:
``(g) High-Demand, Low-Density Assignment Defined.--In this
section, the term `high-demand, low-density military
capability' means a combat, combat support or service support
capability, unit, system, or occupational specialty that the
Secretary of Defense determines has funding, equipment, or
personnel levels that are substantially below the levels
required to fully meet or sustain actual or expected
operational requirements set by regional commanders.''.
(c) Clerical Amendments.--
(1) Title 37.--The table of sections at the beginning of
chapter 5 of title 37, United States Code, is amended by
adding at the end the following new item:
``329. Incentive bonus: retired members and reserve component members
volunteering for high-demand, low-density assignments.''.
(2) Title 10.--(A) The heading of section 688a of title 10,
United States Code, is amended to read as follows:
``Sec. 688a. Retired members: temporary authority to order to
active duty in high-demand, low-density assignments''.
(B) The table of sections at the beginning of chapter 39 of
such title is amended by striking the item relating to
section 688a and inserting the following new item:
``688a. Retired members: temporary authority to order to active duty in
high-demand, low-density assignments.''.
(d) Effective Date.--No agreement may be entered into under
section 329 of title 37, United States Code, as added by
subsection (a), before October 1, 2006.
(e) Limitation on Fiscal Year 2007 Obligations.--During
fiscal year 2007, obligations incurred under section 329 of
title 37, United States Code, as added by subsection (a), to
provide bonuses or other incentives to retired members and
former members of the Army, Navy, Air Force, or Marine Corps
or to members of the reserve components of the Army, Navy,
Air Force, and Marine Corps may not exceed $5,000,000.
Subtitle C--Travel and Transportation Allowances
SEC. 631. AUTHORITY TO PAY COSTS ASSOCIATED WITH DELIVERY OF
MOTOR VEHICLE TO STORAGE LOCATION SELECTED BY
MEMBER AND SUBSEQUENT REMOVAL OF VEHICLE.
Subsection (b) of section 2634 of title 10, United States
Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) If a member elects to have a motor vehicle described
in subsection (a) stored at a location other than a storage
location approved by the Secretary concerned, the delivery
and removal costs described in paragraph (3) are the only
costs that may be paid by the Secretary. The delivery or
removal costs paid by the Secretary under this paragraph may
not exceed the total cost that would have been incurred by
the United States had the storage location approved by the
Secretary been used to store the motor vehicle. The United
States is not responsible for any costs associated with the
actual storage of the motor vehicle at the unapproved
location.''.
SEC. 632. TRANSPORTATION OF ADDITIONAL MOTOR VEHICLE OF
MEMBERS ON CHANGE OF PERMANENT STATION TO OR
FROM NONFOREIGN AREAS OUTSIDE THE CONTINENTAL
UNITED STATES.
(a) Authority to Transport Additional Motor Vehicle.--
Subsection (a) of section 2634 of title 10, United States
Code, is amended--
(1) by striking the sentence following paragraph (4);
(2) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively;
(3) by inserting ``(1)'' after ``(a)''; and
(4) by adding at the end the following new paragraph:
``(2) One additional motor vehicle of a member (or a
dependent of the member) may be transported as provided in
paragraph (1) if--
``(A) the member is ordered to make a change of permanent
station to or from a nonforeign area outside the continental
United States and the member has at least one dependent of
driving age who will use the motor vehicle; or
``(B) the Secretary concerned determines that a replacement
for the motor vehicle transported under paragraph (1) is
necessary for reasons beyond the control of the member and is
in the interest of the United States and the Secretary
approves the transportation in advance.''.
(b) Technical and Conforming Amendments.--Such subsection
is further amended--
(1) by striking ``his dependents'' and inserting ``a
dependent of the member'';
(2) by striking ``him'' and inserting ``the member'';
(3) by striking ``his)'' and inserting ``the member)'';
(4) by striking ``his new'' and inserting ``the member's
new''; and
(5) in paragraph (1)(C), as redesignated by subsection (a),
by striking ``clauses (1) and (2)'' and inserting
``subparagraphs (A) and (B)''.
(c) Effective Date.--Paragraph (2)(A) of subsection (a) of
section 2634 of title 10, United States Code, as added by
subsection (a)(4), shall apply with respect to orders issued
on or after the date of the enactment of this Act for members
of the Armed Forces to make a change of permanent station to
or from nonforeign areas outside the continental United
States.
SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES FOR
TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO
ILLNESS OR INJURY OF MEMBERS.
Section 411h(b)(1) of title 37, United States Code, is
amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) a person related to the member as described in
subparagraph (A), (B), (C), or (D) who is also a member of
the uniformed services.''.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 641. MILITARY SURVIVOR BENEFIT PLAN BENEFICIARIES UNDER
INSURABLE INTEREST COVERAGE.
(a) Authority to Elect New Beneficiary.--Section 1448(b)(1)
of title 10, United States Code, is amended--
(1) by inserting ``or under subparagraph (G) of this
paragraph'' in the second sentence of subparagraph (E) before
the period at the end; and
(2) by adding at the end the following new subparagraph:
``(G) Election of new beneficiary upon death of previous
beneficiary.--
``(i) Authority for election.--If the reason for
discontinuation in the Plan is the death of the beneficiary,
the participant in the Plan may elect a new beneficiary. Any
such beneficiary must be a natural person with an insurable
interest in the participant. Such an election may be made
only during the 180-day period beginning on the date of the
death of the previous beneficiary.
``(ii) Procedures.--Such an election shall be in writing,
signed by the participant, and made in such form and manner
as the Secretary concerned may prescribe. Such an election
shall be effective the first day of the first month following
the month in which the election is received by the Secretary.
``(iii) Vitiation of election by participant who dies
within two years of election.--If a person providing an
annuity under a election under clause (i) dies before the end
of the two-year period beginning on the effective date of the
election--
``(I) the election is vitiated; and
``(II) the amount by which the person's retired pay was
reduced under section 1452 of this title that is attributable
to the election shall be paid in a lump sum to the person who
would have been the deceased person's beneficiary under the
vitiated election if the deceased person had died after the
end of such two-year period.''.
(b) Change in Premium for Coverage of New Beneficiary.--
Section 1452(c) of such title is amended by adding at the end
the following new paragraph:
``(5) Rule for designation of new insurable interest
beneficiary following death of original beneficiary.--The
Secretary of Defense shall prescribe in regulations premiums
which a participant making an election under section
1448(b)(1)(G) of this title shall be required to pay for
participating in the Plan pursuant to that election. The
total amount of the premiums to be paid by a participant
under the regulations shall be equal to the sum of the
following:
``(A) The total additional amount by which the retired pay
of the participant would have been reduced before the
effective date of the election if the original beneficiary
(i) had not died and had been covered under the Plan through
the date of the election, and (ii) had been the same number
of years younger than the participant (if any) as the new
beneficiary designated under the election.
``(B) Interest on the amounts by which the retired pay of
the participant would have been so reduced, computed from the
dates on which the retired pay would have been so reduced at
such rate or rates and according to such methodology as the
Secretary of Defense determines reasonable.
``(C) Any additional amount that the Secretary determines
necessary to protect the actuarial soundness of the
Department of Defense Military Retirement Fund against any
increased risk for the fund that is associated with the
election.''.
[[Page H2410]]
(c) Transition.--
(1) Transition period.--In the case of a participant in the
Survivor Benefit Plan who made a covered insurable-interest
election (as defined in paragraph (2)) and whose designated
beneficiary under that election dies before the date of the
enactment of this Act or during the 18-month period beginning
on such date, the time period applicable for purposes of the
limitation in the third sentence of subparagraph (G)(i) of
section 1448(b)(1) of title 10, United States Code, as added
by subsection (a), shall be the two-year period beginning on
the date of the enactment of this Act (rather than the 180-
day period specified in that sentence).
(2) Covered insurable-interest elections.--For purposes of
paragraph (1), a covered insurable-interest election is an
election under section 1448(b)(1) of title 10, United States
Code, made before the date of the enactment of this Act, or
during the 18-month period beginning on such date, by a
participant in the Survivor Benefit Plan to provide an
annuity under that plan to a natural person with an insurable
interest in that person.
(3) Survivor benefit plan.--For purposes of this
subsection, the term ``Survivor Benefit Plan'' means the
program under subchapter II of chapter 73 of title 10, United
States Code.
SEC. 642. RETROACTIVE PAYMENT OF ADDITIONAL DEATH GRATUITY
FOR CERTAIN MEMBERS NOT PREVIOUSLY COVERED.
(a) Specification of Additional Members Covered.--Section
1478(d)(2) of title 10, United States Code, is amended by
striking ``May 11, 2005'' and inserting ``August 31, 2005''.
(b) Funding.--Amounts for payments under section 1478(d) of
title 10, United States Code, as amended by subsection (a),
with respect to deaths during the period beginning on May 12,
2005, and ending on August 31, 2005, may be derived from
appropriations available to for the Department of Defense for
fiscal year 2006 or fiscal year 2007.
SEC. 643. EQUITY IN COMPUTATION OF DISABILITY RETIRED PAY FOR
RESERVE COMPONENT MEMBERS WOUNDED IN ACTION.
Section 1208(b) of title 10, United States Code, is amended
by adding at the end the following new sentence: ``However,
in the case of such a member who is retired under this
chapter, or whose name is placed on the temporary disability
retired list under this chapter, because of a disability
incurred after the date of the enactment of this sentence for
which the member is awarded the Purple Heart, the member
shall be credited, for the purposes of this chapter, with the
number of years of service that would be counted if computing
the member's years of service under section 12732 of this
title.''.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
SEC. 651. TREATMENT OF PRICE SURCHARGES OF TOBACCO PRODUCTS
AND CERTAIN OTHER MERCHANDISE SOLD AT
COMMISSARY STORES.
(a) Merchandise Procured From Exchanges.--Subsection (c)(3)
of section 2484 of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) by striking ``Subsections'' and inserting ``Except as
provided in subparagraph (B), subsections''; and
(3) by adding at the end the following new subparagraph:
``(B) When a military exchange is the vendor of tobacco
products or other merchandise authorized for sale in a
commissary store under paragraph (1), any revenue above the
cost of procuring the merchandise shall be allocated as if
the revenue were a uniform sales price surcharge described in
subsection (d).''.
(b) Merchandise Treated as Noncommissary Store Inventory.--
Subsection (g) of such section is amended--
(1) by inserting ``(1)'' before ``Notwithstanding'';
(2) by striking ``Subsections'' and inserting ``Except as
provided in paragraph (2), subsections''; and
(3) by adding at the end the following new paragraph:
``(2) When tobacco products are authorized for sale in a
commissary store as noncommissary store inventory, any
revenue above the cost of procuring the tobacco products
shall be allocated as if the revenue were a uniform sales
price surcharge described in subsection (d).''.
SEC. 652. LIMITATION ON USE OF DEPARTMENT OF DEFENSE LEASE
AUTHORITY TO UNDERMINE COMMISSARIES AND
EXCHANGES AND OTHER MORALE, WELFARE, AND
RECREATION PROGRAMS AND NONAPPROPRIATED FUND
INSTRUMENTALITIES.
Section 2667(f) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5) Except in the case of a lease under this subsection,
a lease of real property may not be entered into under this
section to fascilitate the establishment or operation of an
ancillary supporting facility (as defined in section 2871 of
this title) if, as determined by the Secretary concerned, the
facility is to be used for providing merchandise or services
in direct competition with--
``(A) the Army and Air Force Exchange Service;
``(B) the Navy Exchange Service Command;
``(C) a Marine Corps exchange;
``(D) the Defense Commissary Agency; or
``(E) any nonappropriated fund activity of the Department
of Defense for the morale, welfare, and recreation of members
of the armed forces.''.
SEC. 653. USE OF NONAPPROPRIATED FUNDS TO SUPPLEMENT OR
REPLACE APPROPRIATED FUNDS FOR CONSTRUCTION OF
FACILITIES OF EXCHANGE STORES SYSTEM AND OTHER
NONAPPROPRIATED FUND INSTRUMENTALITIES,
MILITARY LODGING FACILITIES, AND COMMUNITY
FACILITIES.
(a) In General.--Subchapter III of chapter 147 of title 10,
United States Code, is amended by inserting after section
2491c the following new section:
``Sec. 2491d. Use of nonappropriated funds to supplement or
replace appropriated funds for construction of facilities
of exchange stores system and other nonappropriated fund
instrumentalities, military lodging facilities, and
community facilities
``(a) Use of Nonappropriated Funds.--The Secretary of
Defense may authorize the use of nonappropriated funds in
lieu of or to supplement funds appropriated to the Department
of Defense for the construction of the following:
``(1) Facilities of the exchange stores system and other
revenue-generating facilities operated by nonappropriated
fund instrumentalities of the Department of Defense for the
morale, welfare, and recreation of members of the armed
forces.
``(2) Facilities of other nonappropriated fund
instrumentalities of the Department of Defense for the
morale, welfare, and recreation of members of the armed
forces.
``(3) Military lodging facilities used to provide temporary
lodging to authorized members of the armed forces, including
temporary duty lodging, permanent change of station lodging,
recreational lodging, and military treatment facility
lodging.
``(4) Community facilities intended to supplement mission
activities, such as military museums and service academy
extra-curricular activities, or to facilitate private
organizations or enterprises, such as financial services,
memorials, and thrift shop facilities, on military
installations.
``(b) Use Criteria.--The Secretary of Defense may prescribe
by regulation the criteria under which nonappropriated funds
may be used under subsection (a).
``(c) Congressional Notification.--When a decision is made
to use nonappropriated funds under subsection (a), the
Secretary of Defense shall submit a report to the
congressional defense committees containing the reasons for
using nonappropriated funds in lieu of or to supplement
appropriated funds and the amount of nonappropriated funds to
be used. The nonappropriated funds may be used 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 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 2491c the end the following new
item:
``2491d. Use of nonappropriated funds to supplement or replace
appropriated funds for construction of facilities of
exchange stores system and other nonappropriated fund
instrumentalities, military lodging facilities, and
community facilities.''.
SEC. 654. REPORT ON COST EFFECTIVENESS OF PURCHASING
COMMERCIAL INSURANCE FOR COMMISSARY AND
EXCHANGE FACILITIES AND FACILITIES OF OTHER
MORALE, WELFARE, AND RECREATION PROGRAMS AND
NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) Report Required.--Not later than July 31, 2007, the
Secretary of Defense shall submit to Congress a report
evaluating the cost effectiveness of the Defense Commissary
Agency and the nonappropriated fund activities specified in
subsection (b) purchasing commercial insurance to protect
financial interests in facilities operated by the Defense
Commissary Agency or those nonappropriated fund activities.
(b) Covered Nonappropriated Fund Activities.--The report
shall apply with respect to--
(1) the Army and Air Force Exchange Service;
(2) the Navy Exchange Service Command;
(3) a Marine Corps exchange; and
(4) any nonappropriated fund activity of the Department of
Defense for the morale, welfare, and recreation of members of
the armed forces.
Subtitle F--Other Matters
SEC. 661. REPEAL OF ANNUAL REPORTING REQUIREMENT REGARDING
EFFECTS OF RECRUITMENT AND RETENTION
INITIATIVES.
(a) Repeal.--Section 1015 of title 37, United States Code,
is repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 19 of title 37, United States Code, is
amended by striking the item relating to section 1015.
SEC. 662. PILOT PROJECT REGARDING PROVIDING GOLF CARTS
ACCESSIBLE FOR DISABLED PERSONS AT MILITARY
GOLF COURSES.
(a) Pilot Project Required.--The Secretary of Defense shall
conduct a pilot project at not less than three military golf
courses to evaluate the cost effectiveness and utility of
making available at military golf courses golf carts that are
accessible for disabled persons authorized to use such
courses and the demand among disabled persons authorized to
use such courses for accessible golf carts. The Secretary
shall provide at least two accessible golf carts at each
pilot project location.
(b) Pilot Project Locations.--The military golf courses
selected to participate in the pilot project shall be
geographically dispersed, except that one of the military
golf courses shall be in the Washington metropolitan area.
(c) Duration.--The Secretary shall conduct the pilot
project for a minimum of one year.
(d) Report Required.--Not later than 180 days after the
conclusion of the pilot project, the Secretary shall submit a
report to Congress
[[Page H2411]]
containing the results of the project and such
recommendations as the Secretary considers appropriate
regarding providing golf carts accessible to disabled
persons.
SEC. 663. ENHANCED AUTHORITY TO REMIT OR CANCEL INDEBTEDNESS
OF MEMBERS OF THE ARMED FORCES INCURRED ON
ACTIVE DUTY.
(a) Period of Exercise of Service Secretary Authority After
Separation From Active Duty.--Sections 4837(b), 6161(b), and
9837(b) of title 10, United States Code, are each amended by
striking ``one-year period'' each place it appears and
inserting ``five-year period''.
(b) Two-Year Extension of Enhanced Authority.--Subsections
(a)(3), (b)(3), and (c)(3) of section 683 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3322) are amended by striking ``December
31, 2007'' in the first sentence and inserting ``December 31,
2009''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
Sec. 701. TRICARE coverage for forensic examination following sexual
assault or domestic violence.
Sec. 702. Authorization of anesthesia and other costs for dental care
for children and certain other patients.
Sec. 703. Improvements to descriptions of cancer screening.
Sec. 704. Prohibition on increases in certain health care costs for
members of the uniformed services.
Sec. 705. Services of mental health counselors.
Sec. 706. Demonstration project on coverage of selected over-the-
counter medications under the pharmacy benefit program.
Sec. 707. Requirement to reimburse certain travel expenses of certain
beneficiaries covered by TRICARE for life.
Sec. 708. Inflation adjustment of differential payments to children's
hospitals participating in TRICARE program.
Sec. 709. Expanded eligibility of Selected Reserve members under
TRICARE program.
Sec. 710. Extension to TRICARE of medicare prohibition of financial
incentives not to enroll in group health plan.
Subtitle B--Studies and Reports
Sec. 711. Department of Defense task force on the future of military
health care.
Sec. 712. Study and plan relating to chiropractic health care services.
Sec. 713. Comptroller General study and report on Defense Health
Program.
Sec. 714. Transfer of custody of the Air Force Health Study assets to
Medical Follow-up Agency.
Sec. 715. Study on allowing dependents of activated members of Reserve
Components to retain civilian health care coverage.
Subtitle C--Other Matters
Sec. 721. Costs of incentive payments to employees for TRICARE
enrollment made unallowable for contractors.
Sec. 722. Requirement for military medical personnel to be trained in
preservation of remains.
Subtitle D--Pharmacy Benefits Program Improvements
Sec. 731. TRICARE pharmacy program cost-share requirements.
Subtitle A--TRICARE Program Improvements
SEC. 701. TRICARE COVERAGE FOR FORENSIC EXAMINATION FOLLOWING
SEXUAL ASSAULT OR DOMESTIC VIOLENCE.
Section 1079(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(17) Forensic examinations following a sexual assault or
domestic violence may be provided.''.
SEC. 702. AUTHORIZATION OF ANESTHESIA AND OTHER COSTS FOR
DENTAL CARE FOR CHILDREN AND CERTAIN OTHER
PATIENTS.
Section 1079(a)(1) of title 10, United States Code, is
amended to read as follows:
``(1) With respect to dental care--
``(A) except as provided in subparagraph (B), only that
care required as a necessary adjunct to medical or surgical
treatment may be provided; and
``(B) in connection with dental treatment for patients with
developmental, mental, or physical disabilities or for
pediatric patients age 5 or under, only institutional and
anesthesia services may be provided.''.
SEC. 703. IMPROVEMENTS TO DESCRIPTIONS OF CANCER SCREENING.
(a) Terms Related to Primary and Preventive Health Care
Services for Women.--Section 1074d(b) of title 10, United
States Code, is amended--
(1) in paragraph (1), by striking ``Papanicolaou tests (pap
smear)'' and inserting ``Cervical cancer screening''; and
(2) in paragraph (2), by striking ``Breast examinations and
mammography'' and inserting ``Breast cancer screening''.
(b) Terms Related to Contracts for Medical Care for Spouses
and Children.--Section 1079(a)(2) of such title is amended--
(1) in the matter preceding subparagraph (A), by striking
``the schedule of pap smears and mammograms'' and inserting
``the schedule and method of breast and cervical cancer
screenings''; and
(2) in subparagraph (B), by striking ``pap smears and
mammograms or'' and inserting ``cervical, breast,''.
SEC. 704. PROHIBITION ON INCREASES IN CERTAIN HEALTH CARE
COSTS FOR MEMBERS OF THE UNIFORMED SERVICES.
(a) Prohibition on Increase in Charges Under Contracts for
Medical Care.--Section 1097(e) of title 10, United States
Code, is amended by adding at the end the following: ``A
premium, deductible, copayment, or other charge prescribed by
the Secretary under this subsection may not be increased
during the period beginning on April 1, 2006, and ending on
December 31, 2007.''.
(b) Prohibition on Increase in Charges for Inpatient
Care.--Section 1086(b)(3) of title 10, United States Code, is
amended by inserting after ``charges for inpatient care'' the
following: ``, except that in no case may the charges for
inpatient care for a patient exceed $535 per day during the
period beginning on April 1, 2006, and ending on December 31,
2007.''.
(c) Prohibition on Increase in Premiums Under TRICARE
Coverage for Certain Members in the Selected Reserve.--
Section 1076d(d)(3) of title 10, United States Code, is
amended by adding at the end the following: ``During the
period beginning on April 1, 2006, and ending on December 31,
2007, the monthly amount of the premium may not be increased
above the amount in effect for the month of March 2006.''.
(d) Prohibition on Increase in Premiums Under TRICARE
Coverage for Members of the Ready Reserve.--Section
1076b(e)(3) of title 10, United States Code, is amended by
adding at the end the following: ``During the period
beginning on April 1, 2006, and ending on December 31, 2007,
the monthly amount of a premium under paragraph (2) may not
be increased above the amount in effect for the first month
health care is provided under this section as amended by
Public Law 109-163.''.
SEC. 705. SERVICES OF MENTAL HEALTH COUNSELORS.
(a) Reimbursement of Mental Health Counselors Under
TRICARE.--
(1) reimbursement under tricare.--Section 1079(a)(8) of
title 10, United States Code, is amended--
(A) by inserting ``or licensed or certified mental health
counselors'' after ``certified marriage and family
therapists'' both places it appears; and
(B) by inserting ``or licensed or certified mental health
counselors'' after ``that the therapists.''
(2) Authority to assess medical or psychological necessity
of service or supply.--Section 1079(a)(13) of such title is
amended by inserting ``, licensed or certified mental health
counselor, '' after ``certified marriage and family
therapist''.
(b) Services of Mental Health Counselors.--
(1) Authority to enter into personal services contracts.--
Section 704(c)(2) of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2799; 10
U.S.C. 1091 note) is amended by inserting ``mental health
counselors,'' after ``psychologists,''.
(2) Applicability of licensure requirement for health-care
professionals.--Section 1094 (e)(2) of title 10, United
States Code, is amended by inserting ``mental health
counselor,'' after ``psychologist,''.
SEC. 706. DEMONSTRATION PROJECT ON COVERAGE OF SELECTED OVER-
THE-COUNTER MEDICATIONS UNDER THE PHARMACY
BENEFIT PROGRAM.
(a) Requirement to Conduct Demonstration.--The Secretary of
Defense shall conduct a demonstration project under section
1092 of title 10, United States Code, to allow particular
over-the-counter medications to be included on the uniform
formulary under section 1074g of such title.
(b) Elements of Demonstration Project.--
(1) Inclusion of certain over-the-counter medications.--As
part of the demonstration project, the Secretary shall modify
uniform formulary specifications under section 1074g(a)(2) of
such title to include on the uniform formulary any
pharmaceutical agent that does not require a prescription
(commonly referred to as an over-the-counter medication) if
the Pharmacy and Therapeutics Committee finds that the over-
the-counter medication is a clinically effective and cost-
effective alternative to a pharmaceutical agent that requires
a prescription. If the Pharmacy and Therapeutics Committee
makes such a finding, the over-the-counter medication shall
be considered to be in the same therapeutic class of
pharmaceutical agents that the agent requiring a prescription
is in, and to the same extent as any agent in the class that
requires a prescription. Such an over-the-counter medication
shall be made available to a beneficiary through the
demonstration program only if the medication is in place of a
pharmaceutical agent requiring a prescription and the
beneficiary has a prescription for that pharmaceutical agent.
(2) Conduct through military facilities, retail pharmacies,
or mail order program.--The Secretary shall conduct the
demonstration project through at least two of the means
described in subparagraph (E) of section 1074g(a)(2) through
which over-the-counter medications are provided and may
conduct the demonstration project throughout the entire
pharmacy benefits program or at a limited number of sites. If
the project is conducted at a limited number of sites, the
number of sites shall be not less than five in each TRICARE
region for each of the two means described in such
subparagraph (E).
(3) Period of demonstration.--The Secretary shall provide
for conducting the demonstration project for a period of time
necessary to evaluate the feasibility and cost effectiveness
of the demonstration. Such period shall be at least as long
as the period covered by pharmacy contracts in existence on
the date of the enactment of this Act (including any
extensions of
[[Page H2412]]
the contracts), or five years, whichever is shorter.
(4) Implementation deadline.-- Implementation of the
demonstration project shall begin not later than May 1, 2007.
(c) Report.--Not later than 60 days before the end of the
demonstration project, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on the demonstration project. The
report shall contain an evaluation by the Secretary of the
costs and benefits of the project, and recommendations on
whether permanent authority should be provided to cover over-
the-counter medications under the pharmacy benefits program.
(d) Continuation of Demonstration Project.--If the
Secretary recommends in the report under subsection (c) that
permanent authority should be provided, the Secretary may
continue the demonstration project for up to one year after
submitting the report.
SEC. 707. REQUIREMENT TO REIMBURSE CERTAIN TRAVEL EXPENSES OF
CERTAIN BENEFICIARIES COVERED BY TRICARE FOR
LIFE.
(a) Requirement.--Section 1074i of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) TRICARE for Life Beneficiaries.--
``(1) An eligible TRICARE for Life beneficiary shall be
provided reimbursement for travel expenses to a military
medical treatment facility if--
``(A) the purpose of the travel is for a follow-up
appointment for medical treatment of a condition of the
beneficiary; and
``(B) the initial appointment for medical treatment of the
condition was at the same facility.
``(2) Reimbursement under this subsection shall, as nearly
as practicable, be under the same terms and conditions, and
shall be at the same rate, as apply to beneficiary travel
reimbursement provided under subsection (a), except that
reimbursement shall be provided--
``(A) for no more than 3 follow-up appointments; and
``(B) only if adequate follow-up medical treatment, as
determined under the TRICARE program, cannot be obtained
within 100 miles of the residence of the beneficiary.
``(3) In this subsection, the term `eligible TRICARE for
Life beneficiary' means a person--
``(A) who is eligible for health benefits under section
1086 of this title by reason of subsection (d)(2)(A) of that
section;
``(B) who attained age 65 after an initial appointment for
medical treatment at a military medical treatment facility;
and
``(C) who resides more than 100 miles from the military
medical treatment facility and was referred to such facility
for treatment by a specialty care provider.''.
(b) Effective Date.--Subsection (c) of section 1074i of
title 10, United States Code, as added by subsection (a),
shall apply with respect to beneficiaries who attain age 65
after the date of the enactment of this Act.
SEC. 708. INFLATION ADJUSTMENT OF DIFFERENTIAL PAYMENTS TO
CHILDREN'S HOSPITALS PARTICIPATING IN TRICARE
PROGRAM.
(a) Annual Inflation Adjustment.--Beginning in fiscal year
2007, the Secretary of Defense shall annually adjust for
inflation the TRICARE children's hospital differential
payment rate. The adjustment for a fiscal year shall be the
same as the applicable percentage increase defined under
section 1886(d)(3)(B)(i) of the Social Security Act (42
U.S.C. 1395ww(d)(3)(B)(i)) for that fiscal year for hospitals
located in large urban areas.
(b) TRICARE Children's Hospital Differential Payment
Rate.--In this section, the term ``TRICARE children's
hospital differential payment rate'' means the differential
payment rate by the Department of Defense to children's
hospitals for health care services for dependent children of
members of the uniformed services under the TRICARE program.
SEC. 709. EXPANDED ELIGIBILITY OF SELECTED RESERVE MEMBERS
UNDER TRICARE PROGRAM.
(a) General Eligibility.--Subsection (a) of section 1076d
of title 10, United States Code, is amended--
(1) by striking ``(a) Eligibility.--A member'' and
inserting ``(a) Eligibility.--(1) Except as provided in
paragraph (2), a member'';
(2) by striking ``after the member completes'' and all that
follows through ``one or more whole years following such
date''; and
(3) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to a member who is
enrolled, or is eligible to enroll, in a health benefits plan
under chapter 89 of title 5.''.
(b) Condition for Termination of Eligibility.--Subsection
(b) of such section is amended--
(1) by striking ``(b) Period of Coverage.--(1) TRICARE
Standard'' and all that follows through ``(4) Eligibility''
and inserting ``(b) Termination of Eligibility Upon
Termination of Service.--Eligibility''; and
(2) by striking paragraph (5).
(c) Conforming Amendments.--
(1) Such section is further amended--
(A) by striking subsection (e);
(B) by redesignating subsection (g) as subsection (e) and
transferring such subsection within such section so as to
appear following subsection (d); and
(C) by striking paragraph (3) of subsection (f).
(2) The heading for such section is amended to read as
follows:
``Sec. 1076d. TRICARE program: TRICARE standard coverage for
members of the Selected Reserve''.
(d) Repeal of Obsolete Provision.--Section 1076b of title
10, United States Code, is repealed.
(e) Clerical Amendments.--The table of sections at the
beginning of chapter 55 of title 10, United States Code, is
amended--
(1) by striking the item relating to section 1076b; and
(2) by striking the item relating to section 1076d and
inserting the following:
``1076d. TRICARE program: TRICARE Standard coverage for members of the
Selected Reserve.''.
(f) Savings Provision.--Enrollments in TRICARE Standard
that are in effect on the day before the date of the
enactment of this Act under section 1076d of title 10, United
States Code, as in effect on such day, shall be continued
until terminated after such day under such section 1076d as
amended by this section.
(g) Effective Date.--The Secretary of Defense shall ensure
that health care under TRICARE Standard is provided under
section 1076d of title 10, United States Code, as amended by
this section, beginning not later than October 1, 2007.
SEC. 710. EXTENSION TO TRICARE OF MEDICARE PROHIBITION OF
FINANCIAL INCENTIVES NOT TO ENROLL IN GROUP
HEALTH PLAN.
(a) In General.--Section 1097b of title 10, United States
Code, is amended by redesignating subsection (c) as
subsection (d) and by adding the following after subsection
(b):
``(c) Prohibition of Financial Incentives not to Enroll in
a Group Health Plan.--(1) Except as provided in this
subsection, the provisions of section 1862(b)(3)(C) of the
Social Security Act shall apply with respect to financial or
other incentives for an individual eligible for benefits
under section 1086 of this title not to enroll (or to
terminate enrollment) under a health plan which would (in the
case of such enrollment) be a primary plan under sections
1079(j)(1) and 1086(g) of this title in the same manner as
such section 1862(b)(3)(C) applies to financial or other
incentives for an individual entitled to benefits under title
XVIII of the Social Security Act not to enroll (or to
terminate enrollment) under a group health plan or a large
group health plan which would (in the case of enrollment) be
a primary plan (as defined in section 1862(b)(2)(A) of such
Act).
``(2)(A) The Secretary of Defense may by regulation adopt
such exceptions to the prohibition referenced and applied
under paragraph (1) as the Secretary deems appropriate and
such paragraph (1) shall be implemented taking into account
the adoption of such exceptions.
``(B) The Secretary of Defense and the Secretary of Health
and Human Services are authorized to enter into agreements
for carrying out this subsection. Any such agreement shall
provide that any expenses incurred by the Secretary of Health
and Human Services pertaining to carrying out this subsection
shall be reimbursed by the Secretary of Defense.
``(C) Authorities of the Inspector General of the
Department of Defense shall be available for oversight and
investigations of responsibilities of employers and other
entities under this subsection.
``(D) Information obtained under section 1095(k) of this
title may be used in carrying out this subsection in the same
manner as information obtained under section 1862(b)(5) may
be used in carrying out section 1862(b).
``(E) Any amounts collected in carrying out paragraph (1)
shall be handled in accordance with section 1079a of this
title.
``(3) In addition to any penalty applied under the
authority of paragraph (1), the Secretary of Defense may by
regulation provide that repeated violations by an employer or
other entity of the prohibition referenced and applied under
paragraph (1) are grounds for exclusion of the employer or
other entity from any contract or subcontract to provide
goods or services to, or any financial assistance from, the
Department of Defense.''.
(b) Conforming Amendment.--Section 1095(k)(5) of such title
is amended by striking ``and 1086(d)'' and inserting ``,
1086(d), and 1097b(c)''.
(c) Effective Date.--The amendments made by this section
shall take effect January 1, 2008.
Subtitle B--Studies and Reports
SEC. 711. DEPARTMENT OF DEFENSE TASK FORCE ON THE FUTURE OF
MILITARY HEALTH CARE.
(a) Requirement to Establish.--The Secretary of Defense
shall establish within the Department of Defense a task force
to examine matters relating to the future of military health
care.
(b) Composition.--
(1) Members.--The task force shall consist of not more than
14 members appointed by the Secretary of Defense from among
individuals described in paragraph (2) who have demonstrated
expertise in the area of health care programs and costs.
(2) Range of members.--The individuals appointed to the
task force shall include--
(A) at least one member of each of the Medical Departments
of the Army, Navy, and Air Force;
(B) a number of persons from outside the Department of
Defense equal to the total number of personnel from within
the Department of Defense (whether members of the Armed
Forces or civilian personnel) who are appointed to the task
force;
(C) persons who have experience in--
(i) health care actuarial forecasting;
(ii) health care program development;
(iii) health care budget management;
(iv) evidence-based medicine;
(v) health care performance measurement;
(vi) health care quality improvement; and
(vii) academic institute research in health care services;
(D) at least one member from the Institute of Medicine;
[[Page H2413]]
(E) at least one member from the Defense Business Board;
and
(F) at least one representative from a military or veterans
service organization who has experience in health care.
(3) Individuals appointed outside the department of
defense.--
(A) Individuals appointed to the task force from outside
the Department of Defense may include officers or employees
of other departments or agencies of the Federal Government,
officers or employees of State and local governments, or
individuals from the private sector.
(B) Individuals appointed to the task force from outside
the Department of Defense shall include--
(i) an officer or employee of the Department of Veterans
Affairs; and
(ii) an officer or employee of the Department of Health and
Human Services.
(4) Deadline for appointment.--All appointments of
individuals to the task force shall be made not later than 90
days after the date of the enactment of this Act.
(5) Co-chairs of task force.--There shall be two co-chairs
of the task force. One of the co-chairs shall be designated
by the Secretary of Defense at the time of appointment from
among the Department of Defense personnel appointed to the
task force. The other co-chair shall be selected from among
the members appointed from outside the Department of Defense
by members so appointed.
(c) Assessment and Recommendations on the Future of
Military Health Care.--
(1) In general.--Not later than 12 months after the date on
which all members of the task force have been appointed, the
task force shall submit to the Secretary a report containing
an assessment of, and recommendations for, sustaining the
military health care services being provided to members of
the Armed Forces, retirees, and their families.
(2) Utilization of other efforts.--In preparing the report,
the task force shall take into consideration the findings and
recommendation included in the Healthcare for Military
Retirees Task Group of the Defense Business Board, previous
Government Accountability Office reports, studies and reviews
by the Assistant Secretary of Defense for Health Affairs, and
any other studies or research conducted by organizations
regarding improvements to sustain the military health care
system.
(3) Elements.--The assessment and recommendations
(including recommendations for legislative or administrative
action) shall include measures to improve the following:
(A) Wellness initiatives and disease management programs of
the Department of Defense, including health risk tracking and
the use of rewards for wellness.
(B) Education programs focused on prevention awareness and
patient-initiated health care.
(C) The ability to account for the true and accurate cost
of health care in the military health system.
(D) Alternative health care initiatives to manage patient
behavior and costs.
(E) The appropriate command and control structure within
the Department of Defense and the Armed Forces to manage the
military health system.
(F) The adequacy of the military health care procurement
system, including methods to streamline existing procurement
activities.
(G) The appropriate mix of military and civilian personnel
to meet future readiness and high-quality health care service
requirements.
(H) The beneficiary and Government cost sharing structure
required to sustain the military health benefits over the
long term.
(I) Programs focused on managing the health care needs of
Medicare-eligible military beneficiaries.
(J) Efficient and cost effective contracts for health care
services, including performance-based requirements for health
care provider reimbursement.
(c) Administrative Matters.--
(1) Compensation.--Each member of the task force who is a
member of the Armed Forces or a civilian officer or employee
of the United States shall serve without compensation (other
than compensation to which entitled as a member of the Armed
Forces or an officer or employee of the United States, as the
case may be). Other members of the task force shall be
treated for purposes of section 3161 of title 5, United
States Code, as having been appointed under subsection (b) of
such section.
(2) Oversight.--The Under Secretary of Defense for
Personnel and Readiness shall oversee the activities of the
task force.
(3) Administrative support.--The Washington Headquarters
Services of the Department of Defense shall provide the task
force with personnel, facilities, and other administrative
support as necessary for the performance of the duties of the
task force.
(4) Access to facilities.--The Under Secretary of Defense
for Personnel and Readiness shall, in coordination with the
Secretaries of the military departments, ensure appropriate
access by the task force to military installations and
facilities for purposes of the discharge of the duties of the
task force.
(e) Report.--
(1) In general.--The task force shall submit to the
Secretary of Defense a report on its activities under this
section. The report shall include--
(A) a description of the activities of the task force;
(B) the assessment and recommendations required by
subsection (c); and
(C) such other matters relating to the activities of the
task force that the task force considers appropriate.
(2) Transmittal to congress.--Not later than 90 days after
receipt of the report under paragraph (1), the Secretary
shall transmit the report to the Committees on Armed Services
of the Senate and the House of Representatives. The Secretary
may include in the transmittal such comments on the report as
the Secretary considers appropriate.
(f) Plan Required.--Not later than 6 months after receipt
of the report from the task force under subsection (e)(1),
the Secretary of Defense shall develop a plan based on the
recommendations of the task force and submit the plan to the
Committees on Armed Services of the Senate and the House of
Representatives.
(g) Termination.--The task force shall terminate 90 days
after the date on which the report of the task force is
submitted to Congress under subsection (e)(2).
SEC. 712. STUDY AND PLAN RELATING TO CHIROPRACTIC HEALTH CARE
SERVICES.
(a) Study Required.--
(1) Groups covered.--The Secretary of Defense shall conduct
a study of providing chiropractic health care services and
benefits to the following groups:
(A) All members of the uniformed services on active duty
and entitled to care under section 1074(a) of title 10,
United States Code.
(B) All members described in subparagraph (A) and their
eligible dependents, and all members of reserve components of
the uniformed services and their eligible dependents.
(C) All members or former members of the uniformed services
who are entitled to retired or retainer pay or equivalent pay
and their eligible dependents.
(2) Matters examined.--
(A) For each group listed in subparagraphs (A), (B), and
(C) of paragraph (1), the study shall examine the following
with respect to chiropractic health care services and
benefits:
(i) The cost of providing such services and benefits.
(ii) The feasibility of providing such services and
benefits.
(iii) An assessment of the health care benefits of
providing such services and benefits.
(iv) An estimate of the potential cost savings of providing
such services and benefits in lieu of other medical services.
(v) The identification of existing and planned health care
infrastructure, including personnel, equipment, and
facilities, to accommodate the provision of chiropractic
health care services.
(B) For the members of the group listed in subparagraph (A)
of paragraph (1), the study shall examine the effects of
providing chiropractic health care services and benefits--
(i) on the readiness of such members; and
(ii) on the acceleration of the return to duty of such
members following an identified injury or other malady that
can be appropriately treated with chiropractic health care
services.
(3) Space available costs.--The study shall also include a
detailed analysis of the projected costs of providing
chiropractic health care services on a space available basis
in the military treatment facilities currently providing
chiropractic care under section 702 of the Floyd D. Spence
National Defense Authorization Act of Fiscal Year 2001 (as
enacted by Public Law 106-398; 10 U.S.C. 1092 note).
(4) Eligible dependents defined.--In this section, the term
``eligible dependent'' has the meaning given that term in
section 1076a(k) of title 10, United States Code.
(b) Plan Required.--Not later than March 31, 2007, the
Secretary of Defense shall revise the plan required under
section 702 of the Floyd D. Spence National Defense
Authorization Act of Fiscal Year 2001 (as enacted by Public
Law 106-398; 10 U.S.C. 1092 note), including a detailed
analysis of the projected costs, to provide chiropractic
health care services and benefits as a permanent part of the
Defense Health Program (including the TRICARE program) as
required under that section.
(c) Report Required.--Not later than March 31, 2007, the
Secretary of Defense shall submit a report on the study
required under subsection (a), together with the plan
required under subsection (b), to the Committees on Armed
Services of the Senate and the House of Representatives.
SEC. 713. COMPTROLLER GENERAL STUDY AND REPORT ON DEFENSE
HEALTH PROGRAM.
(a) Study Required.--The Comptroller General, in
cooperation with the Congressional Budget Office, shall
conduct a study of the projected cost savings to the Defense
Health Program included in the fiscal year 2007 budget
request.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) An evaluation of the rationale for calculations made by
the Department of Defense for the portion of total health
care costs paid by beneficiaries in 1995 and in 2005,
including issues such as--
(A) the rationale for the Department's stated costs of
providing the benefit in 1995 and in 2005;
(B) the basis for the Department's calculations of
increases in cost between 1995 and 2005; and
(C) the amounts paid by beneficiaries for health care in
1995 and 2005.
(2) An evaluation of the rationale for calculations and
assumptions made by the Department of Defense for the
estimated savings associated with the implementation of its
cost share increases.
(3) A review of the annual rate of medical inflation of the
Department of Defense and how it compares with the annual
rates of increase in health care premiums in the Federal
Employee Health Benefit Program and other health care
programs as well as other health care indexes for the past 5
years.
(4) An assessment of the rationale for the cost share
increase amounts made by the Department of Defense.
(c) Independent Experts.--To ensure the availability of
appropriate expertise in addressing the elements of the study
required under this
[[Page H2414]]
section, the Comptroller General may use independent experts,
such as actuaries, if needed.
(d) Report.--The Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the study required by subsection
(a) not later than June 1, 2007.
SEC. 714. TRANSFER OF CUSTODY OF THE AIR FORCE HEALTH STUDY
ASSETS TO MEDICAL FOLLOW-UP AGENCY.
(a) Transfer.--
(1) Notification of participants.--The Secretary of the Air
Force shall notify the participants of the Air Force Health
Study that the study as currently constituted is ending as of
September 30, 2006. In consultation with the Medical Follow-
up Agency (in this section referred to as the ``Agency'') of
the Institute of Medicine of the National Academy of
Sciences, the Secretary of the Air Force shall request the
written consent of the participants to transfer their data
and biological 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 Committees on Armed Services of the Senate and
the House of Representatives a report on the transfer.
(2) Matters covered.--At a minimum, the report shall
include information on the number of study participants whose
data and biological specimens were not transferred, the
efforts that were taken to contact such participants, and the
reasons why the transfer of their data and specimens did not
occur.
(c) Disposition of Assets Not Transferred.--The Secretary
of the Air Force may not destroy any data or biological
specimens not transferred under subsection (a) until the
expiration of the one-year period following submission of the
report under subsection (b).
(d) Funding.--
(1) Costs of transfer.--The Secretary of Defense shall make
available to the Air Force $850,000 for preparation, transfer
of the assets of the Air Force Health Study and shipment of
data and specimens to the Medical Follow-up Agency and the
National Archives during fiscal year 2007 from amounts
available from the Department of Defense for that 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.--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. 715. STUDY ON ALLOWING DEPENDENTS OF ACTIVATED MEMBERS
OF RESERVE COMPONENTS TO RETAIN CIVILIAN HEALTH
CARE COVERAGE.
(a) Study Requirement.--The Secretary of Defense shall
conduct a study on the feasibility of allowing family members
of members of the Reserve Components who are called or
ordered to active duty to continue health care coverage under
a civilian health care program and provide reimbursement for
such health care.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) An assessment of the number of military dependents with
special health care needs (such as ongoing chemotherapy or
physical therapy) who would benefit from continued coverage
under the member's civilian health care plan instead of
enrolling in the TRICARE program.
(2) An assessment of the feasibility of providing
reimbursement to the member or the sponsor of the civilian
health coverage.
(3) A recommendation on the appropriate rate of
reimbursement for civilian employers or members.
(4) The feasibility of including dependents who do not have
access to health care providers that accept payment under the
TRICARE program (such as those in rural areas).
(c) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the study
required under subsection (a).
Subtitle C--Other Matters
SEC. 721. COSTS OF INCENTIVE PAYMENTS TO EMPLOYEES FOR
TRICARE ENROLLMENT MADE UNALLOWABLE FOR
CONTRACTORS.
(a) Defense Contracts.--Section 2324(e)(1) of title 10,
United States Code, is amended by adding at the end the
following new subparagraph:
``(Q) Costs incurred by a contractor for incentive payments
to employees to encourage enrollment in the TRICARE program
under chapter 55 of this title or any other Government-
sponsored health care program, except that this subparagraph
does not apply to such costs incurred by a contractor
performing a contract to which any of the following applies:
``(i) The Services Contract Act of 1965 (41 U.S.C. 351 et
seq.).
``(ii) Any other law or labor agreement that requires a
company to compensate its employees for health care whether
or not the employee participates in a company health plan.''.
(b) Civilian Agency Contracts.--Section 306(e)(1) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 256(e)(1)) is amended by adding at the end the
following new subparagraph:
``(P) Costs incurred by a contractor for incentive payments
to employees to encourage enrollment in the TRICARE program
under chapter 55 of title 10, United States Code, or any
other Government-sponsored health care program, except that
this subparagraph does not apply to such costs incurred by a
contractor performing a contract to which any of the
following applies:
``(i) The Services Contract Act of 1965 (41 U.S.C. 351 et
seq.).
``(ii) Any other law or labor agreement that requires a
company to compensate its employees for health care whether
or not the employee participates in a company health plan.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to contracts entered into after the
date occurring 180 days after the date of the enactment of
this Act.
SEC. 722. REQUIREMENT FOR MILITARY MEDICAL PERSONNEL TO BE
TRAINED IN PRESERVATION OF REMAINS.
(a) Requirement.--The Secretary of Defense shall develop a
program requiring each military department to include
training in the preservation of remains for health care
professionals under the department's jurisdiction. The
training shall be provided before a health care professional
is deployed into a theater of operation and periodically
thereafter as determined necessary for refresher training.
(b) Matters Covered by Training.--The training shall
include, at a minimum--
(1) best practices and procedures for the preservation of
the remains of a member of the Armed Forces after death,
taking into account the needs, sensitivities, and potential
wishes of the family of the decedent, including the return of
the remains to the family in the best possible condition; and
(2) practical case studies to illustrate the objectives of
paragraph (1) and provide a real world perspective.
(c) Health Care Professional.--In this section, the term
``health care professional'' means a physician, dentist,
clinical psychologist, nurse, nurse practitioner, or
physician assistant and any other person providing direct
patient care as may be designated by the Secretary of Defense
in regulations.
Subtitle D--Pharmacy Benefits Program Improvements
SEC. 731. TRICARE PHARMACY PROGRAM COST-SHARE REQUIREMENTS.
Paragraph (6) of section 1074g(a) of title 10, United
States Code, is amended to read as follows:
``(6)(A) The Secretary, in regulations prescribed under
subsection (g), may establish cost-sharing requirements
(which may be established as a percentage or fixed dollar
amount) under the pharmacy benefits program for generic,
formulary, and nonformulary agents.
``(B)(i) With respect to agents available through the
national mail-order pharmacy program, the Secretary of
Defense may not establish requirements for cost sharing for
generic and formulary agents that are in excess of cost
sharing requirements for generic and formulary agents
available through facilities of the uniformed services.
``(ii) With respect to agents available through retail
pharmacies, the Secretary of Defense may not establish cost
sharing in excess of--
``(I) $6 for generic agents;
``(II) $16 for formulary agents; and
``(III) $22 for nonformulary agents.
``(iii) The cost sharing requirements of this subparagraph
shall be in effect during the period beginning 90 days after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2007 and ending on December
31, 2007.''.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Requirements Management Certification Training Program.
Sec. 802. Additional requirements relating to technical data rights.
Sec. 803. Study and report on revisions to Selected Acquisition Report
requirements.
Sec. 804. Quarterly updates on implementation of acquisition reform in
the Department of Defense.
Sec. 805. Establishment of defense challenge process for critical cost
growth threshold breaches in major defense acquisition
programs.
Sec. 806. Market research required for major defense acquisition
programs before proceeding to Milestone B.
Subtitle B--Acquisition Policy and Management
Sec. 811. Applicability of statutory executive compensation cap made
prospective.
Sec. 812. Prohibition on procurement from beneficiaries of foreign
subsidies.
Sec. 813. Time-certain development for Department of Defense
information technology business systems.
Sec. 814. Establishment of Panel on Contracting Integrity.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Extension of special temporary contract closeout authority.
Sec. 822. Limitation on contracts for the acquisition of certain
services.
[[Page H2415]]
Sec. 823. Use of Federal supply schedules by State and local
governments for goods and services for recovery from
natural disasters, terrorism, or nuclear, biological,
chemical, or radiological attack.
Sec. 824. Waivers to extend task order contracts for advisory and
assistance services.
Sec. 825. Enhanced access for small business.
Sec. 826. Procurement goal for Hispanic-serving institutions.
Sec. 827. Prohibition on defense contractors requiring licenses or fees
for use of military likenesses and designations.
Subtitle D--United States Defense Industrial Base Provisions
Sec. 831. Protection of strategic materials critical to national
security.
Sec. 832. Strategic Materials Protection Board.
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
SEC. 801. REQUIREMENTS MANAGEMENT CERTIFICATION TRAINING
PROGRAM.
(a) Training Program.--
(1) Requirement.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics, in consultation with
the Defense Acquisition University, shall develop a training
program to certify civilian and military personnel of the
Department of Defense with responsibility for generating
requirements for major defense acquisition programs (as
defined in section 2430 of title 10, United States Code).
(2) Competency and other requirements.--The Under Secretary
shall establish competency requirements for the personnel
undergoing the training program. The Under Secretary shall
define the target population for such training program by
identifying which civilian and military personnel should have
responsibility for generating requirements. The Under
Secretary also may establish other training programs for
personnel not subject to chapter 87 of title 10, United
States Code, and who contribute significantly to other types
of acquisitions by the Department of Defense.
(3) Matters covered.--At a minimum, the training program
shall, with respect to a major defense acquisition program--
(A) provide instruction on the interrelationship among the
requirements generation process, the budget process, and the
acquisition process within the Department of Defense for such
a program;
(B) stress the importance of generating requirements for
such a program that result in joint applications to the
maximum extent possible;
(C) provide instruction on the effects of introducing new
requirements for such a program--
(i) both before and after the commencement of system
development and demonstration; and
(ii) during initial operational test and evaluation;
(D) ensure that requirements for such a program are derived
primarily from capability shortfalls in the program
identified by a commander of a combatant command;
(E) ensure that requirements for such a program are
informed by a sound analysis of alternatives, by realistic
technical assessments based on technology readiness levels,
and by fiscal guidance, including consultation with
production engineers on the cost, schedule and technical
feasibility of the requirements;
(F) ensure that, for the introduction of any changes to
requirements for such a program, an engineering feasibility
assessment that weighs technology readiness, integration,
cost, and schedule impacts is conducted after Milestone B
approval at the latest, and before Milestone B approval to
the maximum extent practicable;
(G) stress the importance of introducing requirements for
such a program that are technologically mature, feasible, and
achievable without schedule risk; and
(H) stress the importance of stable requirements for such a
program to provide the baseline for successful execution of
the program.
(4) Availability.--The training program shall be made
available on the Internet to ensure the widest dissemination
possible.
(b) Applicability.--Effective on and after September 30,
2007, a member of the Armed Forces or an employee of the
Department of Defense with authority to generate requirements
for a major defense acquisition program may not continue to
participate in the requirements generation process unless the
member or employee successfully completes the certification
training program developed under this section.
SEC. 802. ADDITIONAL REQUIREMENTS RELATING TO TECHNICAL DATA
RIGHTS.
(a) Additional Requirements Relating to Technical Data
Rights .--Section 2320 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) Additional Regulations.--(1) Regulations prescribed
under subsection (a) shall ensure, at a minimum, that--
``(A) in the case of a major system that is developed
exclusively with Federal funds, in part with Federal funds
and in part at private expense, or exclusively at private
expense, rights are acquired in full by the United States to
technical data necessary to support competition for contracts
required for sustainment of the system; and
``(B) any contract for a major system includes price and
delivery options for acquiring, at any point during the life
cycle of the system, major elements of technical data not
acquired at the time of initial contract award.
``(2) Regulations prescribed under subsection (a) also
shall establish a standard for acquiring rights in technical
data that supports the purchase of data rights appropriate to
minimize life cycle costs.
``(3) The Under Secretary of Defense for Acquisition,
Technology, and Logistics shall ensure that members of the
acquisition workforce working with any contract in an amount
greater than $5,000,000 and involving the acquisition of
rights in technical data be provided information and formal
training sufficient to carry out the regulations prescribed
under subsection (a) to implement this subsection.''.
(b) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
revise regulations under section 2320 of title 10, United
States Code, to implement subsection (e) of such section (as
added by this section).
SEC. 803. STUDY AND REPORT ON REVISIONS TO SELECTED
ACQUISITION REPORT REQUIREMENTS.
(a) Study Requirement.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition,
Technology, and Logistics in coordination with the service
acquisition executives of each military department, shall
conduct a study on revisions to requirements relating to
Selected Acquisition Reports, as set forth in section 2432 of
title 10, United States Code.
(b) Matters Covered.--The study required under subsection
(a) shall--
(1) focus on incorporating into the Selected Acquisition
Report those elements of program progress that the Department
of Defense considers most relevant to evaluating the
performance and progress of major defense acquisition
programs, with particular reference to the cost estimates and
program schedule established when a major defense acquisition
program receives Milestone B approval; and
(2) include any recommendations to eliminate elements of
the Selected Acquisition Report that the Department believes
are no longer needed (other than the elimination of any unit
cost information).
(c) Report.--Not later than March 1, 2007, the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
results of the study, including such recommendations as the
Secretary considers appropriate.
SEC. 804. QUARTERLY UPDATES ON IMPLEMENTATION OF ACQUISITION
REFORM IN THE DEPARTMENT OF DEFENSE.
(a) Quarterly Updates Requirement.--Not later than 45 days
after the date of the enactment of this Act, and on the first
day of each calendar quarter thereafter, the Secretary of
Defense shall provide an update to the Committees on Armed
Services of the Senate and the House of Representatives on
the implementation of plans to reform the acquisition system
in the Department of Defense.
(b) Matters Covered.--Each update provided under subsection
(a) shall cover the implementation of reforms of the
processes for acquisition, including generation of
requirements, award of contracts, and financial management.
At a minimum, the updates shall take into account the
recommendations made by the following:
(1) The Defense Acquisition Performance Assessment Panel.
(2) The Defense Science Board Summer Study on
Transformation, issued in February 2006.
(3) The Beyond Goldwater-Nichols Study of the Center for
Strategic and International Studies.
(4) The Quadrennial Defense Review, issued February 6,
2006.
(5) The Committee Defense Review of the Committee on Armed
Services of the House of Representatives (when available).
(c) Recommendations.--Each report submitted under
subsection (a) shall include such recommendations as the
Secretary considers appropriate, and implementation plans for
the recommendations.
(d) Termination of Report Requirement.--The requirement to
submit reports under subsection (a) shall terminate on the
first day of the calendar quarter following the first
calendar quarter in which the Selected Acquisition Report
submitted to Congress under section 2432 of title 10, United
States Code, does not indicate that there has been an
increase by a percentage equal to or greater than the
significant cost growth threshold or the critical cost growth
threshold in any major defense acquisition program (as such
thresholds are defined in section 2433(a) of such title).
SEC. 805. ESTABLISHMENT OF DEFENSE CHALLENGE PROCESS FOR
CRITICAL COST GROWTH THRESHOLD BREACHES IN
MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Preliminary Evaluation of Challenge Proposals for
Critical Cost Breaches.--
(1) Submission of challenge proposals.--Section 2359b(c))
of title 10, United States Code, is amended--
(A) in paragraph (1), by striking ``Panel,'' and all that
follows through the end and inserting the following:
``Panel--
``(A) through the unsolicited proposal process;
``(B) in response to a broad agency announcement; or
``(C) in response to a solicitation issued as a result of a
critical cost growth threshold breach (as defined in
paragraph (4)).'';
(B) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (7), and (8), respectively;
(C) by inserting after paragraph (3) the following new
paragraph (4):
``(4)(A) If the program acquisition unit cost or
procurement unit cost of a major defense acquisition program
increases by a percentage equal to or greater than the
critical cost growth threshold for the program, as determined
by the Secretary concerned under section 2433(d) of this
title (in this section referred to as a `critical cost growth
threshold breach'), the Under Secretary shall issue a
solicitation for challenge proposals that would result in
improvements in affordability of the program. The
solicitation shall specifically identify (i) the cost and
schedule variances, and (ii) the design, engineering,
[[Page H2416]]
manufacturing, or technology integration issues, contributing
to the breach.
``(B) A solicitation referred to in subparagraph (A) shall
be made public before the end of the 14-day period beginning
on the day the Selected Acquisition Report containing the
information described in section 2433(g) of this title is
required to be submitted under section 2432(f) of this title.
``(C) A solicitation referred to in subparagraph (A) shall
require any challenge proposals responding to the
solicitation to be submitted within 30 days after the date of
issuance of the solicitation.'';
(D) in paragraph (5) (as so redesignated) in the matter
preceding subparagraph (A)--
(i) by striking ``or submitted'' and inserting
``submitted''; and
(ii) by inserting after ``paragraph (2),'' the following:
``or submitted in response to a solicitation issued as a
result of a critical cost growth threshold breach''; and
(E) by inserting after paragraph (5) (as so redesignated)
the following new paragraph (6):
``(6) A panel shall complete a preliminary evaluation of
challenge proposals submitted in response to a solicitation
issued as a result of a critical cost growth threshold breach
before the end of the 60-day period beginning on the day the
Selected Acquisition Report referred to in paragraph (4)(B)
is submitted to Congress and shall inform the Secretary of
Defense of the results of the evaluation to aid in the
completion of the Secretary's certification under section
2433(e)(2)(B) of this title.''.
(b) Action Upon Favorable Full Review and Evaluation of
Challenge Proposals for Critical Cost Breaches.--Section
2359b(e) of such title is amended by adding at the end the
following new paragraph:
``(3) In the case of a challenge proposal referred to in
paragraph (1) that was submitted in response to a
solicitation issued as a result of a critical cost growth
threshold breach, the costs of the proposal shall be borne by
the major defense acquisition program with respect to which
the breach occurred.''.
(c) Action Upon Unfavorable Full Review and Evaluation of
Challenge Proposals for Critical Cost Breaches.--Section
2359b of such title, as amended by section 213, is further
amended--
(1) by redesignating subsections (f), (g), (h), and (i) as
subsections (g), (h), (i), and (j), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Action Upon Unfavorable Full Review and Evaluation of
Critical Cost Breach Solicitations.--In the case of a
challenge proposal that was submitted in response to a
solicitation issued as a result of a critical cost growth
threshold breach and that is not determined under a full
review and evaluation to satisfy each of the criteria
specified in subsection (c)(5), the following provisions
apply:
``(1) The office carrying out the full review and
evaluation shall provide to the Panel that conducted the
preliminary evaluation a statement containing a summary of
the rationale for the unfavorable evaluation.
``(2) If the Panel disagrees with the rationale provided
under paragraph (1), the Panel may return the challenge
proposal to the office for further consideration.
``(3) The full review and evaluation, including a further
consideration of the review and evaluation under paragraph
(2), shall be completed not later than the expiration of the
60-day period beginning on the date of completion of the
preliminary evaluation of the proposal by a Panel under
subsection (c).
``(4) After a full review and evaluation of all such
challenge proposals submitted for such review and evaluation
are completed, including further consideration under
paragraph (2), the Under Secretary shall submit to the
congressional defense committees a report containing a list
of each challenge proposal with an unfavorable evaluation,
including an identification of each such challenge proposal
returned to an office for further consideration, and a
detailed rationale for the unfavorable evaluations upon both
initial and further consideration (if any). Such report shall
be submitted not later than the expiration of the 60-day
period beginning on the date of completion of the last
preliminary evaluation of the proposals by a Panel under
subsection (c).''.
(d) Amendments to Unit Cost Reports Provisions.--
(1) Additional assessment required upon breach of critical
cost growth threshold.--Section 2433(e)(2)(A) of title 10,
United States Code, is amended--
(A) by striking ``and'' at the end of clause (ii);
(B) by inserting ``and'' at the end of clause (iii); and
(C) by adding at the end the following new clause:
``(iv) the availability of components, subsystems, or
systems that may result in near-term improvements in
affordability of the program, as identified under the Defense
Acquisition Challenge Program through a solicitation issued
pursuant to section 2359b(c)(1)(C) of this title;''.
(2) Additional certification required upon breach of
critical cost growth threshold.--Section 2433(e)(2)(B) of
such title is amended--
(A) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(B) by inserting after clause (ii) the following new clause
(iii):
``(iii) the Panel conducting preliminary evaluation of
challenge proposals submitted in response to the solicitation
issued under the Defense Acquisition Challenge Program
pursuant to section 2359b(c)(1)(C) of this title has
identified no promising proposals meriting full review and
evaluation;''.
(3) Additional information in certain report required.--
Section 2433(g)(1)(P)(vi) of such title is amended by
inserting after ``of the program'' the following: ``and
design, engineering, manufacturing, or technology integration
issues''.
(e) Additional Conforming Amendments.--Section 2359b of
such title is further amended--
(1) in subsection (c)(8), as redesignated by subsection
(a), by striking ``paragraph (4)'' and inserting ``paragraph
(5)'';
(2) in subsection (d)(1), by striking ``subsection (c)(6)''
and inserting ``subsection (c)(8)'';
(3) in subsection (d)(2), by striking ``subsection (c)(4)''
and inserting ``subsection (c)(5)''; and
(4) in subsection (e)(1), by striking ``subsection (c)(4)''
and inserting ``subsection (c)(5)''.
SEC. 806. MARKET RESEARCH REQUIRED FOR MAJOR DEFENSE
ACQUISITION PROGRAMS BEFORE PROCEEDING TO
MILESTONE B.
Section 2366a(a) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (1) through (7) as
paragraphs (2) through (8), respectively; and
(2) by inserting before paragraph (2) (as so redesignated)
the following new paragraph (1):
``(1) market research has been conducted prior to
technology development to reduce duplication of existing
technology and products;''.
Subtitle B--Acquisition Policy and Management
SEC. 811. APPLICABILITY OF STATUTORY EXECUTIVE COMPENSATION
CAP MADE PROSPECTIVE.
(a) Prospective Applicability of Executive Compensation
Cap.--Section 808(e)(2) of Public Law 105-85 (41 U.S.C. 435
note; 111 Stat. 1838) is amended by striking ``before, on,''
and inserting ``on''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply as if included in Public Law 105-85 as enacted.
SEC. 812. PROHIBITION ON PROCUREMENT FROM BENEFICIARIES OF
FOREIGN SUBSIDIES.
(a) Prohibition.--The Secretary of Defense may not enter
into a contract for the procurement of goods or services from
any foreign person to which the government of a foreign
country that is a member of the World Trade Organization has
provided a subsidy if--
(1) the United States has requested consultations with that
foreign country under the Agreement on Subsidies and
Countervailing Measures on the basis that the subsidy is a
prohibited subsidy under that Agreement; and
(2) either--
(A) the issue before the World Trade Organization has not
been resolved; or
(B) the World Trade Organization has ruled that the subsidy
provided by the foreign country is a prohibited subsidy under
the Agreement on Subsidies and Countervailing Measures.
(b) Joint Ventures.--The prohibition under subsection (a)
with respect to a foreign person also applies to any joint
venture, cooperative organization, partnership, or
contracting team of which that foreign person is a member.
(c) Subcontracts and Task Orders.--The prohibition under
subsection (a) with respect to a contract also applies to any
subcontracts at any tier entered into under the contract and
any task orders at any tier issued under the contract.
(d) Definitions.--In this section:
(1) The term ``Agreement on Subsidies and Countervailing
Measures'' means the agreement described in section
101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C.
3501(d)(12)).
(2) The term ``foreign person'' means--
(A) an individual who is not a United States person or an
alien lawfully admitted for permanent residence into the
United States; or
(B) a corporation, partnership, or other nongovernmental
entity which is not a United States person.
(3) The term ``United States person'' means--
(A) a natural person who is a citizen of the United States
or who owes permanent allegiance to the United States; and
(B) a corporation or other legal entity which is organized
under the laws of the United States, any State or territory
thereof, or the District of Columbia, if natural persons
described in subparagraph (A) own, directly or indirectly,
more than 50 percent of the outstanding capital stock or
other beneficial interest in such legal entity.
(e) Applicability.--
(1) Programs with milestone b approval not covered.--The
prohibition under subsection (a) shall not apply to any
contract under a major defense acquisition program that has
received Milestone B approval as of the date of the enactment
of this Act.
(2) Definitions.--In this subsection:
(A) The term ``major defense acquisition program'' means a
Department of Defense acquisition program that is a major
defense acquisition program for purposes of section 2430 of
title 10, United States Code.
(B) The term ``Milestone B approval'' has the meaning
provided that term in section 2366(e)(7) of such title.
SEC. 813. TIME-CERTAIN DEVELOPMENT FOR DEPARTMENT OF DEFENSE
INFORMATION TECHNOLOGY BUSINESS SYSTEMS.
(a) Milestone A Limitation.--The Department of Defense
executive or entity that is the milestone decision authority
for an information system described in subsection (c) may not
provide Milestone A approval for the system unless, as part
of the decision process for such approval, that authority
determines that the system will achieve initial operational
capability within five years of such approval.
(b) Initial Operational Capability Limitation.--Funds
appropriated or otherwise available to the Department of
Defense may not be
[[Page H2417]]
obligated or expended for an information system described in
subsection (c) if the system, having received Milestone A
approval, has not achieved initial operational capability
within five years of the date of such approval.
(c) Covered Systems.--An information system described in
this subsection is any Department of Defense information
technology business system that is not a national security
system, as defined in 3542(b)(2) of title 44, United States
Code.
(d) Applicability to Existing Programs.--
(1) Waiver authority for existing programs in
development.--The Secretary of Defense may waive the
applicability of subsection (b) in the case of a program
described in subsection (c) that as of the date of the
enactment of this Act has received Milestone A approval but
has not as of such date achieved initial operational
capability.
(2) Inapplicability to programs through development.--This
section does not apply to an information system that achieved
initial operational capability before the date of the
enactment of this Act.
(e) Definitions.--In this section:
(1) Milestone decision authority.--The term ``milestone
decision authority'' has the meaning given that term in
Department of Defense Instruction 5000.2, dated May 12, 2003.
(2) Milestone a.--The term ``Milestone A'' has the meaning
given that term in Department of Defense Instruction 5000.2,
dated May 12, 2003.
SEC. 814. ESTABLISHMENT OF PANEL ON CONTRACTING INTEGRITY.
(a) Establishment.--
(1) In general.--The Secretary of Defense shall establish a
panel to be known as the ``Panel on Contracting Integrity''.
(2) Composition.--The panel shall be composed of the
following:
(A) The Deputy Secretary of Defense, who shall be the
chairman of the panel.
(B) The service acquisition executive of each military
department.
(C) The Inspector General of the Department of Defense.
(D) The Director of the Defense Logistics Agency.
(E) The Director of the Defense Contract Management Agency.
(F) The Director of the Defense Contract Audit Agency.
(G) Such other members as determined appropriate by the
Secretary of Defense.
(b) Duties.--In addition to other matters assigned to it by
the Secretary of Defense, the panel shall--
(1) conduct reviews of progress made by the Department of
Defense to eliminate areas of vulnerability of the defense
contracting system that allow fraud, waste, and abuse to
occur;
(2) review the report by the Comptroller General required
by section 841 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3389),
relating to areas of vulnerability of Department of Defense
contracts to fraud, waste, and abuse; and
(3) recommend changes in law, regulations, and policy that
it determines necessary to eliminate such areas of
vulnerability.
(c) Meetings.--The panel shall meet as determined necessary
by the Secretary of Defense but not less often than once
every six months.
(d) Report.--
(1) Requirement.--The panel shall prepare and submit to the
congressional defense committees an annual report on its
activities. The report shall contain a summary of its
findings and recommendations for the year covered by the
report.
(2) First report.--The first report under this subsection
shall be submitted not later than 180 days after the date of
the enactment of this Act and shall contain an examination of
the current structure in the Department of Defense for
personnel accountability relating to the contracting system
and recommendations for any changes needed to the system of
administrative safeguards and disciplinary actions to ensure
accountability at the appropriate level for any violations of
appropriate standards of behavior in contracting.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. EXTENSION OF SPECIAL TEMPORARY CONTRACT CLOSEOUT
AUTHORITY.
Section 804 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1541) is
amended in subsection (d) by striking ``September 30, 2006''
and inserting ``September 30, 2007''.
SEC. 822. LIMITATION ON CONTRACTS FOR THE ACQUISITION OF
CERTAIN SERVICES.
(a) Limitation.--Except as provided in subsection (b), the
Secretary of Defense may not enter into a contract for
covered services if the amount of the contract--
(1) exceeds 75 percent of the estimated value of any asset
required for the provision of services under the contract, as
of the date on which contract performance begins; or
(2) exceeds $150,000,000 in payments over the life of the
contract assuming all options to extend the contract are
exercised.
(b) Waiver.--The Secretary of Defense may waive subsection
(a) with respect to a contract for covered services if the
Secretary--
(1) determines that a waiver is necessary for national
security purposes; and
(2) provides to the congressional defense committees an
economic analysis as described in subsection (c) at least 30
days before the waiver takes effect.
(c) Economic Analysis.--The economic analysis provided
under subsection (b) shall include, at a minimum, the
following:
(1) A clear explanation of the need for the contract for
covered services.
(2) An examination of at least two alternatives for
fulfilling the requirements that the contract is meant to
fulfill, including the following with respect to each
alternative:
(A) A rationale for including the alternative.
(B) A cost estimate of the alternative and an analysis of
the quality of each cost estimate.
(C) A discussion of the benefits to be realized from the
alternative.
(D) A best value determination of each alternative and a
detailed explanation of the life-cycle cost calculations used
in the determination.
(d) Covered Services.--The limitation in subsection (a)
applies to any contract for the following types of services:
(1) Operation, maintenance, or support of facilities or
installations, or construction of facilities needed for
performing the contract.
(2) Maintenance or modification of aircraft, ships,
vehicles, or other highly complex military equipment, or the
provision of aircraft, ships, vehicles, or other highly
complex military equipment needed for performing the
contract.
(3) Specialized training necessitating high quality
instructor skills (for example, pilot and air crew members;
foreign language training).
(4) Base services (for example, ground maintenance, in-
plane refueling; bus transportation; refuse collection and
disposal).
SEC. 823. USE OF FEDERAL SUPPLY SCHEDULES BY STATE AND LOCAL
GOVERNMENTS FOR GOODS AND SERVICES FOR RECOVERY
FROM NATURAL DISASTERS, TERRORISM, OR NUCLEAR,
BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL ATTACK.
(a) Authority to Use Supply Schedules for Certain Goods and
Services.--Section 502 of title 40, United States Code, is
amended by adding at the end the following new subsection:
``(d) Use of Supply Schedules for Certain Goods and
Services.--
``(1) In general.--The Administrator may provide for the
use by State or local governments of Federal supply schedules
of the General Services Administration for goods or services
that are to be used to facilitate recovery from a major
disaster declared by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) or to facilitate recovery from terrorism
or nuclear, biological, chemical, or radiological attack.
``(2) Determination by secretary of homeland security.--The
Secretary of Homeland Security shall determine which goods
and services qualify as goods and services described in
paragraph (1) before the Administrator provides for the use
of the Federal supply schedule relating to such goods and
services.
``(3) Voluntary use.--In the case of the use by a State or
local government of a Federal supply schedule pursuant to
paragraph (1), participation by a firm that sells to the
Federal Government through the supply schedule shall be
voluntary with respect to a sale to the State or local
government through such supply schedule.
``(4) Definitions.--The definitions in subsection (c)(3)
shall apply for purposes of this subsection.''.
(b) Procedures.--Not later than 30 days after the date of
the enactment of this Act, the Administrator of General
Services shall establish procedures to implement section
502(d) of title 40, United States Code (as added by
subsection (a)).
SEC. 824. WAIVERS TO EXTEND TASK ORDER CONTRACTS FOR ADVISORY
AND ASSISTANCE SERVICES.
(a) Defense Contracts.--Section 2304b(b) of title 10,
United States Code, is amended--
(1) by inserting ``(1)'' before ``The period'';
(2) by inserting before the period the following: ``or a
waiver is issued under paragraph (2)''; and
(3) by adding at the end the following new paragraph:
``(2) The head of an agency may issue a waiver to extend a
task order contract entered into under this section for a
period not exceeding 10 years, through five one-year options,
if the head of the agency determines in writing--
``(A) that the contract provides engineering or technical
services of such a unique and substantial technical nature
that award of a new contract would be harmful to the
continuity of the program for which the services are
performed;
``(B) that award of a new contract would create a large
disruption in services provided to the Department of Defense;
and
``(C) the Department of Defense would endure program risk
during critical program stages due to loss of program
corporate knowledge of ongoing program activities.''.
(b) Civilian Agency Contracts.--Section 303I(b) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253i) is amended--
(1) by inserting ``(1)'' before ``The period'';
(2) by inserting before the period the following: ``or a
waiver is issued under paragraph (2)''; and
(3) by adding at the end the following new paragraph:
``(2) An executive agency may issue a waiver to extend a
task order contract entered into under this section for a
period not exceeding 10 years, through five one-year options,
if the head of the agency determines in writing--
``(A) that the contract provides engineering or technical
services of such a unique and substantial technical nature
that award of a new contract would be harmful to the
continuity of the program for which the services are
performed;
``(B) that award of a new contract would create a large
disruption in services provided to the executive agency; and
``(C) the executive agency would endure program risk during
critical program stages due to loss of program corporate
knowledge of ongoing program activities.''.
(c) Report.--Not later than April 1, 2007, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the
[[Page H2418]]
House of Representatives a report on advisory and assistance
services. The report shall include the following information:
(1) The methods used by the Department of Defense to
identify a contract as an advisory and assistance services
contract, as defined in section 2304b of title 10, United
States Code.
(2) The number of such contracts awarded by the Department
during the five-year period preceding the date of enactment
of this Act.
(3) The average annual expenditures by the Department for
such contracts.
(4) The average length of such contracts.
(5) The number of such contracts recompeted and awarded to
the previous award winner.
(6) The number of contractors performing such contracts
that previously qualified as a small business but no longer
qualify as a small business for a recompetition.
(7) The number of such contracts required for a period of
greater than five years and a justification of why those
services are required for greater than five years, including
the rationale for not performing the services inside the
Department of Defense.
(8) The percentage of such contracts awarded by the
Department during the five-year period preceding the date of
the enactment of this Act for assistance in the introduction
and transfer of engineering and technical knowledge for
fielded systems, equipment, and components.
(9) The actions taken by the Department to prevent
organizational conflicts of interest in the use of such
contracts.
(d) Prohibition on Use of Authority by Department of
Defense If Report Not Submitted.--The head of an agency may
not issue a waiver under 2304b(b)(2) of title 10, United
States Code, as added by subsection (a), if the report
required by subsection (c) is not submitted by the date set
forth in that subsection.
SEC. 825. ENHANCED ACCESS FOR SMALL BUSINESS.
Section 9(a) of the Contract Disputes Act of 1978 (41
U.S.C. 608) is amended by striking the period at the end of
the first sentence and inserting the following: ``or, in the
case of a small business concern (as defined in the Small
Business Act and regulations under that Act), $150,000 or
less.''.
SEC. 826. PROCUREMENT GOAL FOR HISPANIC-SERVING INSTITUTIONS.
Section 2323 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) Hispanic-serving institutions, as designated by the
Department of Education.'';
(2) in subsection (a)(2)--
(A) by inserting after ``historically Black colleges and
universities'' the following: ``, Hispanic-serving
institutions,''; and
(B) by inserting after ``such colleges and universities''
the following: ``and institutions'';
(3) in subsection (c)(1), by inserting after ``historically
Black colleges and universities'' the following: ``,
Hispanic-serving institutions,''; and
(4) in subsection (c)(3), by inserting after ``historically
Black colleges and universities'' the following: ``, to
Hispanic-serving institutions,''.
SEC. 827. PROHIBITION ON DEFENSE CONTRACTORS REQUIRING
LICENSES OR FEES FOR USE OF MILITARY LIKENESSES
AND DESIGNATIONS.
The Secretary of Defense shall require that any contract
entered into or renewed by the Department of Defense include
a provision prohibiting the contractor from requiring toy and
hobby manufacturers, distributors, or merchants to obtain
licenses from or pay fees to the contractor for the use of
military likenesses or designations on items provided under
the contract.
Subtitle D--United States Defense Industrial Base Provisions
SEC. 831. PROTECTION OF STRATEGIC MATERIALS CRITICAL TO
NATIONAL SECURITY.
(a) Requirement to Buy From American Sources.--
(1) In general.--Chapter 148 of title 10, United States
Code, is amended by inserting after section 2533a the
following new section:
``Sec. 2533b. Requirement to buy strategic materials critical
to national security from American sources; exceptions
``(a) Requirement.--Except as provided in subsections (c)
through (h), funds appropriated or otherwise available to the
Department of Defense may not be used for the procurement of
an item described in subsection (b) if the item is not
reprocessed, reused, or produced in the United States.
``(b) Covered Items.--An item referred to in subsection (a)
is any of the following:
``(1) A specialty metal.
``(2) An item critical to national security, as determined
by the Strategic Materials Protection Board.
``(c) Availability Exception.--Subsection (a) does not
apply to the extent that the Secretary of Defense or the
Secretary of the military department concerned determines
that satisfactory quality and sufficient quantity of any item
described in subsection (b) cannot be procured as and when
needed.
``(d) Exception for Certain Procurements.--Subsection (a)
does not apply to the following:
``(1) Procurements outside the United States in support of
combat operations or in support of contingency operations.
``(2) Procurements by vessels in foreign waters for use of
the item.
``(3) Procurements for which the use of procedures other
than competitive procedures has been approved on the basis of
section 2304(c)(2) of this title, relating to unusual and
compelling urgency of need.
``(e) Exception Relating to Agreements With Foreign
Governments.--Subsection (a) does not preclude the
procurement of an item described in subsection (b) if--
``(1) the procurement is necessary--
``(A) to comply with agreements with foreign governments
requiring the United States to purchase supplies from foreign
sources for the purposes of offsetting sales made by the
United States Government or United States firms under
approved programs serving defense requirements; or
``(B) in furtherance of agreements with foreign governments
in which both such governments agree to remove barriers to
purchases of supplies produced in the other country or
services performed by sources of the other country;
``(2) any such agreement with a foreign government
complies, where applicable, with the requirements of section
36 of the Arms Export Control Act (22 U.S.C. 2776) and with
section 2457 of this title; and
``(3) the item is grown, produced, or manufactured in the
United States or in the country from which it is procured.
``(f) Exception for Commissaries, Exchanges, and Other
Nonappropriated Fund Instrumentalities.--Subsection (a) does
not apply to items purchased for resale purposes in
commissaries, exchanges, and nonappropriated fund
instrumentalities operated by the Department of Defense.
``(g) Exception for Small Purchases.--Subsection (a) does
not apply to procurements in amounts not greater than the
simplified acquisition threshold referred to in section
2304(g) of this title.
``(h) Applicability to Procurements of Commercial Items.--
This section applies to procurements of commercial items
notwithstanding section 34 of the Office of Federal
Procurement Policy Act (41 U.S.C. 430).
``(i) Applicability to Subcontracts.--This section applies
to subcontracts at any tier under a prime contract.
``(j) Applicability to Noncompliant Components.--A
procurement subject to subsection (a) shall not be considered
to be in compliance with subsection (a) if noncompliant
components are delivered under the procurement without charge
to the Federal Government. In this subsection, the term
`noncompliant component' means a component that is not
reprocessed, reused, or produced in the United States.
``(k) Specialty Metal Defined.--In this section, the term
`specialty metal' means any of the following:
``(1) Steel--
``(A) with a maximum alloy content exceeding one or more of
the following limits: manganese, 1.65 percent; silicon, 0.60
percent; or copper, 0.60 percent; or
``(B) containing more than 0.25 percent of any of the
following elements: aluminum, chromium, cobalt, columbium,
molybdenum, nickel, titanium, tungsten, or vanadium.
``(2) Metal alloys consisting of nickel, iron-nickel, and
cobalt base alloys containing a total of other alloying
metals (except iron) in excess of 10 percent.
``(3) Titanium and titanium alloys.
``(4) Zirconium and zirconium base alloys.
``(5) A metal determined by the Strategic Materials
Protection Board (established under section 187 of this
title) to be a specialty metal critical to national security.
``(l) Additional Definitions.--In this section:
``(1) The term `United States' includes possessions of the
United States.
``(2) The term `micropurchase' means a procurement in an
amount not greater than the micropurchase threshold, as
defined by section 32(f) of the Office of Federal Procurement
Policy Act (41 U.S.C. 428).
``(3) The term `component' has the meaning provided in
section 4 of such Act (41 U.S.C. 403).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2533b. Requirement to buy strategic materials critical to national
security from American sources; exceptions.''.
(3) Conforming amendments.--Section 2533a of title 10,
United States Code, is amended--
(A) by striking paragraph (2) of subsection (b);
(B) in subsection (c), by striking ``or specialty metals
(including stainless steel flatware)''; and
(C) in subsection (e)--
(i) by striking ``Specialty Metals And'' in the heading;
and
(ii) by striking ``specialty metals or''.
(4) Effective dates.--
(A) Section 2533b of title 10, United States Code, as added
by paragraph (1), shall apply with respect to contracts
entered into after the date occurring 30 days after the date
of the enactment of this Act.
(B) The amendments made by paragraph (3) shall take effect
on the date occurring 30 days after the date of the enactment
of this Act.
(b) One-Time Inadvertent Micropurchase Waiver of Specialty
Metals Domestic Source Requirement.--
(1) Notice of noncompliance.--In the case of a contract
with the Department of Defense in effect before the date of
the enactment of this Act with respect to which the
contracting officer for the contract determines the
contractor is not in compliance with section 2533a of title
10, United States Code (as in effect before such date of
enactment) with respect to specialty metals, the contracting
officer shall--
(A) post a notice on FedBizOpps.gov that the contractor is
not in compliance with such section;
(B) notify the contractor (and any subcontractor under the
prime contract that is also
[[Page H2419]]
noncompliant) in writing that the contractor (or
subcontractor) is not in compliance with such section; and
(C) require the contractor and any subcontractor notified
under subparagraph (B) to submit to the contracting officer a
compliance plan for becoming compliant with such section.
(2) Waiver authority.--In the case of a contract described
in paragraph (1), the contracting officer for the contract
may waive the applicability to the contract of section 2533a
of title 10, United States Code (as in effect before such
date of enactment) with respect to specialty metals if--
(A) the procurement is a micropurchase of components
(whether in a prime contract or a subcontract under such
contract) and the aggregate value of all such procurements in
the prime contract and all the subcontracts under such
contract does not exceed 1 percent of the amount of the
contract or $100,000, whichever is less;
(B) the contracting officer determines in writing that the
contractor was and continues to be inadvertently not in
compliance with such section with respect to such metals and
the contractor has submitted a compliance plan under
paragraph (1)(C); and
(C) the Secretary of the military department concerned
approves the waiver.
(3) Notice.--Not later than 15 days after a contracting
officer makes a determination under paragraph (2)(B) with
respect to a contract, the contracting officer shall post a
notice on FedBizOpps.gov that a waiver has been granted for
the contract under this subsection. The notice shall include
information about the applicability of section 1001 of title
18, United States Code (relating to criminal penalties for
false statements).
(4) Challenge period.--
(A) During the 15-day period beginning on the date of the
posting of a notice of a waiver under paragraph (3) for a
contract (in this subsection referred to as the ``challenge
period''), the contracting officer shall accept challenges
submitted with respect to the contract.
(B) For purposes of this paragraph, a challenge, with
respect to a contract for which a waiver has been granted
under this subsection, is a submission of information by an
entity (referred to as a ``challenger'' in this section)
stating that the challenger can provide the specialty metals
needed for performance of the contract and can certify in
writing that the metals are reprocessed, reused, or produced
in the United States. The information shall be submitted to
the contracting officer in such form and manner as may be
prescribed by the Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(5) Determination by contracting officer.--During the 15-
day period beginning on the day after the end of the
challenge period with respect to a contract, if any challenge
has been submitted to the contracting officer, the
contracting officer shall make a determination regarding
whether the challenger can provide the specialty metals for
the components concerned in sufficient quantity, of
satisfactory quality, within a reasonable time, and at a cost
that is not unreasonable.
(6) Rescission of waiver.--(A) Except as provided in
subparagraph (B), if the determination under paragraph (5) is
in the affirmative, the contracting officer shall--
(i) rescind the waiver granted with respect to the contract
under this subsection; and
(ii) require the contractor to comply with subsection (a)
by purchasing specialty metals from the challenger.
(B) If the contracting officer makes a determination in the
affirmative under paragraph (5) with respect to two or more
challengers, the contracting officer shall select or require
the contractor to select, in such manner as the contracting
officer considers appropriate, the challenger to provide
specialty metals under the contract.
(7) Definitions.--In this subsection:
(A) The term ``micropurchase'' means a procurement in an
amount not greater than the micropurchase threshold, as
defined by section 32(f) of the Office of Federal Procurement
Policy Act (41 U.S.C. 428).
(B) The term ``component'' has the meaning provided in
section 4 of such Act (41 U.S.C. 403).
(C) The term ``FedBizOpps.gov'' means the website
maintained by the General Services Administration known as
FedBizOpps.gov (or any successor site).
(8) Termination of waiver authority.--A contracting officer
may exercise the waiver authority under this subsection only
after the date of the enactment of this Act and before July
1, 2008.
SEC. 832. STRATEGIC MATERIALS PROTECTION BOARD.
(a) In General.--Chapter 7 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 187. Strategic Materials Protection Board
``(a) Establishment.--(1) The Secretary of Defense shall
establish a Strategic Materials Protection Board.
``(2) The Board shall be composed of the following:
``(A) The Secretary of Defense, who shall be the chairman
of the Board.
``(B) The Under Secretary of Defense for Acquisition,
Technology, and Logistics.
``(C) The Under Secretary of Defense for Intelligence.
``(D) The Secretary of the Army.
``(E) The Secretary of the Navy.
``(F) The Secretary of the Air Force.
``(b) Duties.--In addition to other matters assigned to it
by the Secretary of Defense, the Board shall--
``(1) determine the need to provide a long term domestic
supply of items designated as critical to national security
to ensure that national defense needs are met;
``(2) analyze the risk associated with each item designated
as critical to national security and the affect on national
defense that the nonavailability of such item from a domestic
source would have;
``(3) recommend a strategy to the President to ensure the
domestic availability of items designated as critical to
national security;
``(4) recommend such other strategies to the President as
the Board considers appropriate to strengthen the industrial
base with respect to items critical to national security; and
``(5) publish, not less frequently than once every two
years, in the Federal Register a list of items determined to
be critical to national security, including a list of
specialty metals determined to be critical to national
security for purposes of section 2533b of this title (and
referred to in section 2533b(l)((1)(5) of such title).
``(c) Meetings.--The Board shall meet as determined
necessary by the Secretary of Defense but not less frequently
than once every two years to--
``(1) determine and publish a list of items critical to
national security as described in subsection (b)(5); and
``(2) review items previously determined by the Board to be
critical to national security, including specialty metals
critical to national security for purposes of section 2533b
of this title, to determine the appropriateness of their
continuing classification as critical to national security.
``(d) Reports.--After each meeting of the Board, the Board
shall prepare and submit to Congress a report containing the
results of the meeting and such recommendations as the Board
determines appropriate.
``(e) Removal of Items From List.--The Board may not remove
from the list referred to in subsection (b)(5) an item
previously determined to be critical to national security by
the Board until a period of 30 days expires after the Board
submits to the congressional defense committees a written
notification of the removal.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``187. Strategic Materials Protection Board.''.
(c) First Meeting of Board.--The first meeting of the
Strategic Materials Protection Board, established by section
187 of title 10, United States Code (as added by paragraph
(1)) shall be not later than 180 days after the date of the
enactment of this Act.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Standardization of statutory references to ``national
security system'' within laws applicable to Department of
Defense.
Sec. 902. Correction of reference to predecessor of Defense Information
Systems Agency.
Sec. 903. Addition to membership of specified council.
Sec. 904. Consolidation and standardization of authorities relating to
Department of Defense Regional Centers for Security
Studies.
Sec. 905. Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.
Subtitle B--Space Activities
Sec. 911. Designation of successor organizations for the disestablished
Interagency Global Positioning Executive Board.
Sec. 912. Extension of authority for pilot program for provision of
space surveillance network services to non-United States
Government entities.
Sec. 913. Operationally Responsive Space.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Transfer to Secretary of the Army of responsibility for
Assembled Chemical Weapons Alternatives Program.
Sec. 922. Comptroller General review of cost-benefit analysis of off-
site versus on-site treatment and disposal of hydrolysate
derived from neutralization of VX nerve gas at Newport
Chemical Depot, Indiana.
Sec. 923. Sense of Congress regarding the safe and expeditious disposal
of chemical weapons.
Subtitle D--Intelligence-Related Matters
Sec. 931. Repeal of termination of authority of Secretary of Defense to
engage in commercial activities as security for
intelligence collection activities abroad.
Subtitle A--Department of Defense Management
SEC. 901. STANDARDIZATION OF STATUTORY REFERENCES TO
``NATIONAL SECURITY SYSTEM'' WITHIN LAWS
APPLICABLE TO DEPARTMENT OF DEFENSE.
(a) Defense Business Systems.--Section 2222(j)(6) of title
10, United States Code, is amended by striking ``in section
2315 of this title'' and inserting ``in section 3542(b)(2) of
title 44''.
(b) Chief Information Officer Responsibilities.--Section
2223(c)(3) of such title is amended by striking ``section
11103 of title 40'' and inserting ``section 3542(b)(2) of
title 44''.
(c) Procurement of Automatic Data Processing Equipment and
Services.--The text of section 2315 of such title is amended
to read as follows:
``For purposes of subtitle III of title 40, the term
`national security system', with respect to a
telecommunications and information system operated by the
Department of Defense, has the meaning given that term by
section 3542(b)(2) of title 44.''.
[[Page H2420]]
SEC. 902. CORRECTION OF REFERENCE TO PREDECESSOR OF DEFENSE
INFORMATION SYSTEMS AGENCY.
Paragraph (1) of section 193(f) of title 10, United States
Code, is amended to read as follows:
``(1) The Defense Information Systems Agency.''.
SEC. 903. ADDITION TO MEMBERSHIP OF SPECIFIED COUNCIL.
Section 179(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5) The commander of the United States Strategic
Command.''.
SEC. 904. CONSOLIDATION AND STANDARDIZATION OF AUTHORITIES
RELATING TO DEPARTMENT OF DEFENSE REGIONAL
CENTERS FOR SECURITY STUDIES.
(a) Basic Authorities for Regional Centers.--
(1) In general.--Section 184 of title 10, United States
Code, is amended to read as follows:
``Sec. 184. Regional Centers for Security Studies
``(a) In General.--The Secretary of Defense shall
administer the Department of Defense Regional Centers for
Security Studies in accordance with this section as
international venues for bilateral and multilateral research,
communication, and exchange of ideas involving military and
civilian participants.
``(b) Regional Centers Specified.--(1) A Department of
Defense Regional Center for Security Studies is a Department
of Defense institution that--
``(A) is operated, and designated as such, by the Secretary
of Defense for the study of security issues relating to a
specified geographic region of the world; and
``(B) serves as a forum for bilateral and multilateral
research, communication, and exchange of ideas involving
military and civilian participants.
``(2) The Department of Defense Regional Centers for
Security Studies are the following:
``(A) The George C. Marshall European Center for Security
Studies, established in 1993 and located in Garmisch-
Partenkirchen, Germany.
``(B) The Asia-Pacific Center for Security Studies,
established in 1995 and located in Honolulu, Hawaii.
``(C) The Center for Hemispheric Defense Studies,
established in 1997 and located in Washington, D.C.
``(D) The Africa Center for Strategic Studies, established
in 1999 and located in Washington, D.C.
``(E) The Near East South Asia Center for Strategic
Studies, established in 2000 and located in Washington, D.C.
``(3) No institution or element of the Department of
Defense may be designated as a Department of Defense Regional
Center for Security Studies for purposes of this section,
other than the institutions specified in paragraph (2),
except as specifically provided by law after the date of the
enactment of this section.
``(c) Regulations.--The administration of the Regional
Centers under this section shall be carried out under
regulations prescribed by the Secretary.
``(d) Participation.--Participants in activities of the
Regional Centers may include United States military and
civilian personnel, governmental and nongovernmental
personnel, and foreign military and civilian, governmental
and nongovernmental personnel.
``(e) Employment and Compensation of Faculty.--At each
Regional Center, the Secretary may, subject to
appropriations--
``(1) employ a Director, a Deputy Director, and as many
civilians as professors, instructors, and lecturers as the
Secretary considers necessary; and
``(2) prescribe the compensation of such persons, in
accordance with Federal guidelines.
``(f) Payment of Costs.--(1) Participation in activities of
a Regional Center shall be on a reimbursable basis (or by
payment in advance), except in a case in which reimbursement
is waived in accordance with paragraph (3).
``(2) For a foreign national participant, payment of costs
may be made by the participant, the participant's own
government, by a Department or agency of the United States
other than the Department of Defense, or by a gift or
donation on behalf of one or more Regional Centers accepted
under section 2611 of this title on behalf of the
participant's government.
``(3) The Secretary of Defense may waive reimbursement of
the costs of activities of the Regional Centers for foreign
military officers and foreign defense and security civilian
government officials from a developing country if the
Secretary determines that attendance of such personnel
without reimbursement is in the national security interest of
the United States. Costs for which reimbursement is waived
pursuant to this paragraph shall be paid from appropriations
available to the Regional Centers.
``(4) Funds accepted for the payment of costs shall be
credited to the appropriation then currently available to the
Department of Defense for the Regional Center that incurred
the costs. Funds so credited shall be merged with the
appropriation to which credited and shall be available to
that Regional Center for the same purposes and same period as
the appropriation with which merged.
``(5) Funds available for the payment of personnel expenses
under the Latin American cooperation authority set forth in
section 1050 of this title are also available for the costs
of the operation of the Center for Hemispheric Defense
Studies.
``(g) Support to Other Agencies.--The Director of a
Regional Center may enter into agreements with the
Secretaries of the military departments, the heads of the
Defense Agencies, and, with the concurrence of the Secretary
of Defense, the heads of other Federal departments and
agencies for the provision of services by that Regional
Center under this section. Any such participating department
and agency shall transfer to the Regional Center funds to pay
the full costs of the services received.
``(h) Annual Report.--Not later than February 1 of each
year, the Secretary of Defense shall submit to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
operation of the Regional Centers for security studies during
the preceding fiscal year. The annual report shall include,
for each Regional Center, the following information:
``(1) The status and objectives of the center.
``(2) The budget of the center, including the costs of
operating the center.
``(3) A description of the extent of the international
participation in the programs of the center, including the
costs incurred by the United States for the participation of
each foreign nation.
``(4) A description of the foreign gifts and donations, if
any, accepted under section 2611 of this title.''.
(2) Clerical amendment.--The item relating to such section
in the table of sections at the beginning of chapter 7 of
such title is amended to read as follows:
``184. Regional Centers for Security Studies.''.
(b) Conforming Amendments.--
(1) Employment and compensation authority for civilian
faculty.--Section 1595 of title 10, United States Code, is
amended--
(A) in subsection (c)--
(i) by striking paragraphs (3) and (5); and
(ii) by redesignating paragraphs (4) and (6) as paragraphs
(3) and (4), respectively; and
(B) by striking subsection (e).
(2) Status of center for hemispheric defense studies.--
Section 2165 of title 10, United States Code, is amended--
(A) in subsection (b)--
(i) by striking paragraph (6); and
(ii) by redesignating paragraph (7) as paragraph (6); and
(B) by striking subsection (c).
SEC. 905. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE
DEPARTMENT OF THE NAVY AND MARINE CORPS.
(a) Redesignation of Military Department.--The military
department designated as the Department of the Navy is
redesignated as the Department of the Navy and Marine Corps.
(b) Redesignation of Secretary and Other Statutory
Offices.--
(1) Secretary.--The position of the Secretary of the Navy
is redesignated as the Secretary of the Navy and Marine
Corps.
(2) Other statutory offices.--The positions of the Under
Secretary of the Navy, the four Assistant Secretaries of the
Navy, and the General Counsel of the Department of the Navy
are redesignated as the Under Secretary of the Navy and
Marine Corps, the Assistant Secretaries of the Navy and
Marine Corps, and the General Counsel of the Department of
the Navy and Marine Corps, respectively.
(c) Conforming Amendments to Title 10, United States
Code.--
(1) Definition of ``military department''.--Paragraph (8)
of section 101(a) of title 10, United States Code, is amended
to read as follows:
``(8) The term `military department' means the Department
of the Army, the Department of the Navy and Marine Corps, and
the Department of the Air Force.''.
(2) Organization of department.--The text of section 5011
of such title is amended to read as follows: ``The Department
of the Navy and Marine Corps is separately organized under
the Secretary of the Navy and Marine Corps.''.
(3) Position of secretary.--Section 5013(a)(1) of such
title is amended by striking ``There is a Secretary of the
Navy'' and inserting ``There is a Secretary of the Navy and
Marine Corps''.
(4) Chapter headings.--
(A) The heading of chapter 503 of such title is amended to
read as follows:
``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.
(B) The heading of chapter 507 of such title is amended to
read as follows:
``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE
CORPS''.
(5) Other amendments.--
(A) Title 10, United States Code, is amended by striking
``Department of the Navy'' and ``Secretary of the Navy'' each
place they appear other than as specified in paragraphs (1),
(2), (3), and (4) (including in section headings, subsection
captions, tables of chapters, and tables of sections) and
inserting ``Department of the Navy and Marine Corps'' and
``Secretary of the Navy and Marine Corps'', respectively, in
each case with the matter inserted to be in the same typeface
and typestyle as the matter stricken.
(B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2),
5032(a), and 5042(a) of such title are amended by striking
``Assistant Secretaries of the Navy'' and inserting
``Assistant Secretaries of the Navy and Marine Corps''.
(ii) The heading of section 5016 of such title, and the
item relating to such section in the table of sections at the
beginning of chapter 503 of such title, are each amended by
inserting ``and Marine Corps'' after ``of the Navy'', with
the matter inserted in each case to be in the same typeface
and typestyle as the matter amended.
(d) Title 37, United States Code.--Title 37, United States
Code, is amended by striking ``Department of the Navy'' and
``Secretary of the Navy'' each place they appear and
inserting ``Department of the Navy and Marine Corps'' and
``Secretary of the Navy and Marine Corps'', respectively.
(e) Other References.--Any reference in any law other than
in title 10 or title 37, United
[[Page H2421]]
States Code, or in any regulation, document, record, or other
paper of the United States, to the Department of the Navy
shall be considered to be a reference to the Department of
the Navy and Marine Corps. Any such reference to an office
specified in subsection (b)(2) shall be considered to be a
reference to that office as redesignated by that subsection.
(f) Effective Date.--This section and the amendments made
by this section shall take effect on the first day of the
first month beginning more than 60 days after the date of the
enactment of this Act.
Subtitle B--Space Activities
SEC. 911. DESIGNATION OF SUCCESSOR ORGANIZATIONS FOR THE
DISESTABLISHED INTERAGENCY GLOBAL POSITIONING
EXECUTIVE BOARD.
(a) Successor Organizations.-- Section 8 of the Commercial
Space Transportation Competitiveness Act of 2000 (10 U.S.C.
2281 note) is amended by striking ``by Congress'' and all
that follows and inserting ``for the functions and activities
of the following organizations established pursuant to the
national security presidential directive issued December 8,
2004 (and any successor organization, to the extent the
successor organization performs the functions of the
specified organization):
``(1) The interagency committee known as the National
Space-Based Positioning, Navigation, and Timing Executive
Committee.
``(2) The support office for the committee specified in
paragraph (1) known as the National Space-Based Positioning,
Navigation, and Timing Coordination Office.
``(3) The Federal advisory committee known as the National
Space-Based Positioning, Navigation, and Timing Advisory
Board.''.
(b) Clarification.--Such section is further amended by
striking ``interagency funding'' and inserting ``multi-agency
funding''.
SEC. 912. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR
PROVISION OF SPACE SURVEILLANCE NETWORK
SERVICES TO NON-UNITED STATES GOVERNMENT
ENTITIES.
Section 2274(i) of title 10, United States Code, is amended
by striking ``shall be conducted'' and all that follows and
inserting ``may be conducted through September 30, 2009.''.
SEC. 913. OPERATIONALLY RESPONSIVE SPACE.
(a) Operationally Responsive Space Program Office.--
(1) Establishment of office.--Section 2273a of title 10,
United States Code, is amended to read as follows:
``Sec. 2273a. Operationally Responsive Space Program Office
``(a) Establishment of Office.--(1) The Secretary of
Defense shall establish within the Department of Defense an
office to be known as the Operationally Responsive Space
Program Office.
``(2) The head of the Office shall be the official in the
Department of Defense who is designated by the Secretary of
Defense as the Department of Defense Executive Agent for
Space.
``(b) Mission.--The mission of the Office shall be to
contribute to the development of low-cost, rapid reaction
payloads, spacelift, and launch control capabilities in order
to fulfill joint military operational requirements for on-
demand space support or reconstitution. The Office shall
manage the program element required under subsection (g).
``(c) Organization.--The Office shall be organized into
integrated and co-located elements that include the
following:
``(1) A science and technology section, which shall perform
the functions specified in subsection (d).
``(2) An operations section, which shall perform the
functions specified in subsection (e).
``(3) An acquisition section, which shall perform the
functions specified in subsection (f).
``(d) Science and Technology.--As directed by the head of
the Office, the science and technology section shall pursue
innovative approaches to the development of capabilities for
operationally responsive space through basic and applied
research focused on (but not limited to) payloads, bus, and
launch equipment.
``(e) Operations.--As directed by the head of the Office,
the operations section shall serve as the primary
intermediary between the Office and the combatant commands in
order to--
``(1) ascertain the needs of the warfighter; and
``(2) integrate operationally responsive space capabilities
into--
``(A) operations plans of the combatant commands;
``(B) techniques, tactics, and procedures of the military
departments; and
``(C) military exercises, demonstrations, and war games.
``(f) Acquisition.--(1) As directed by the head of the
Office, the acquisition section shall undertake the
acquisition of systems necessary to integrate, sustain, and
launch assets for operationally responsive space.
``(2) In the case of any system or subsystem to be acquired
by the Office, the acquisition may be carried out only after
the commander of the United States Strategic Command has
validated the system requirements for the system or subsystem
to be acquired.
``(3) The commander of the United States Strategic Command
shall participate in the approval of any acquisition program
initiated by the Office.
``(g) Required Program Element.--(1) The Secretary of
Defense shall ensure that, within budget program elements for
space programs of the Department of Defense--
``(A) that there is a separate, dedicated program element
for operationally responsive national security payloads and
buses of the Department of Defense for space satellites; and
``(B) that programs and activities for such payloads and
buses are planned, programmed, and budgeted for through that
program element.
``(2) In this subsection, the term `operationally
responsive', with respect to a national security payload and
bus for a space satellite, means an experimental or
operational payload and bus with a weight not in excess of
5,000 pounds that--
``(A) can be developed and acquired within 18 months after
authority to proceed with development is granted; and
``(B) is responsive to requirements for capabilities at the
operational and tactical levels of warfare.''.
(2) Clerical amendment.--The item relating to that section
in the table of sections at the beginning of chapter 135 of
such title is amended to read as follows:
``2273a. Operationally Responsive Space Program Office.''.
(b) 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 capabilities required by the
Department to fulfill the mission of the Department with
respect to operationally responsive space.
(B) 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.
(C) A description of the chain of command and reporting
structure of the Operationally Responsive Space Program
Office established under section 2273a of title 10, United
States Code, as amended by subsection (a).
(D) A description of the classification of information
required for that Office in order to ensure that the Office
carries out its responsibilities in a proper and efficient
manner.
(E) A description of the acquisition policies and
procedures applicable to that 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 complete schedule for the implementation of the plan.
(G) The funding required to implement the plan over the
course of the future-years defense program under section 221
of title 10, United States Code, in effect as of the
submission of the plan.
(3) Definition.--In this subsection, the term
``operationally responsive space'' means the development and
launch of space assets upon demand in a low-cost manner.
Subtitle C--Chemical Demilitarization Program
SEC. 921. TRANSFER TO SECRETARY OF THE ARMY OF RESPONSIBILITY
FOR ASSEMBLED CHEMICAL WEAPONS ALTERNATIVES
PROGRAM.
Effective January 1, 2007, the text of section 142 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 50 U.S.C. 1521 note) is
amended to read as follows:
``(a) Program Management.--(1) The program manager for the
Assembled Chemical Weapons Alternatives program shall report
to the Secretary of the Army.
``(2) The Secretary of the Army shall provide for that
program to be managed as part of the management organization
within the Department of the Army specified in section
1412(e) of Public Law 99-145 (50 U.S.C. 1521(e)).
``(b) Continued Implementation of Previously Selected
Alternative Technologies.--(1) In carrying out the
destruction of lethal chemical munitions at Pueblo Chemical
Depot, Colorado, the Secretary of the Army shall continue to
implement fully the alternative technology for such
destruction at that depot selected by the Under Secretary of
Defense for Acquisition, Technology, and Logistics on July
16, 2002.
``(2) In carrying out the destruction of lethal chemical
munitions at Blue Grass Army Depot, Kentucky, the Secretary
of the Army shall continue to implement fully the alternative
technology for such destruction at that depot selected by the
Under Secretary of Defense for Acquisition, Technology, and
Logistics on February 3, 2003.''.
SEC. 922. COMPTROLLER GENERAL REVIEW OF COST-BENEFIT ANALYSIS
OF OFF-SITE VERSUS ON-SITE TREATMENT AND
DISPOSAL OF HYDROLYSATE DERIVED FROM
NEUTRALIZATION OF VX NERVE GAS AT NEWPORT
CHEMICAL DEPOT, INDIANA.
(a) Review Required.--Not later than December 1, 2006, the
Comptroller General shall submit to Congress a report
containing a review of the cost-benefit analysis prepared by
the Secretary of the Army entitled ``Cost-Benefit Analysis of
Off-Site Versus On-Site Treatment and Disposal of Newport
Caustic Hydrolysate'' and dated April 24, 2006.
(b) Content of Review.--In conducting the review under
subsection (a), the Comptroller General shall consider and
assess at a minimum the following matters:
(1) The adequacy of the rationale contained in the cost-
benefit analysis referred to in subsection (a) in dismissing
five of the eight technologies for hydrolysate treatment
directed for consideration on page 116 of the the Report of
the Committee on Armed Services of the House of
Representatives on H.R. 1815 (House Report 109-89).
[[Page H2422]]
(2) The rationale for the failure of the Secretary of the
Army to consider other technical solutions, such as
constructing a wastewater disposal system at the Newport
Chemical Depot.
(3) The adequacy of the cost-benefit analysis presented for
the three technologies considered.
(c) Delay Pending Report.--The Secretary of the Army shall
not proceed with any action to transport or relocate
neutralized bulk nerve agent (other than those small
quantities necessary for laboratory evaluation of the
disposal process) from the Newport Chemical Depot until--
(1) the report required by subsection (a) is submitted; and
(2) a period of 60 days expires after the submission of the
report.
SEC. 923. SENSE OF CONGRESS REGARDING THE SAFE AND
EXPEDITIOUS DISPOSAL OF CHEMICAL WEAPONS.
(a) Findings.--Congress makes the following findings:
(1) The disposal of chemical weapons needs to be
accomplished as safely and expeditiously as possible.
(2) It is apparent, however, that any disposal method for
chemical weapons that involves the transportation of chemical
munitions or processed chemical munitions is difficult to
implement
(b) Sense of Congress.--In light of these findings, it is
the sense of Congress that, when chemical munitions or
processed chemical munitions are proposed for treatment or
disposal at a location remote from the location where the
munitions are stored--
(1) the method of actually selecting the disposal location
should be free from political interference; and
(2) a process like that used for selecting and approving
military installations for closure or realignment should be
considered.
Subtitle D--Intelligence-Related Matters
SEC. 931. REPEAL OF TERMINATION OF AUTHORITY OF SECRETARY OF
DEFENSE TO ENGAGE IN COMMERCIAL ACTIVITIES AS
SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES
ABROAD.
Section 431(a) of title 10, United States Code, is amended
by striking the last sentence.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of supplemental appropriations for fiscal year
2006.
Sec. 1003. Increase in fiscal year 2006 general transfer authority.
Sec. 1004. United States contribution to NATO common-funded budgets in
fiscal year 2007.
Sec. 1005. Report on budgeting for fluctuations in fuel cost rates.
Sec. 1006. Reduction in authorizations due to savings resulting from
lower-than-expected inflation.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Transfer of naval vessels to foreign nations based upon
vessel class.
Sec. 1012. Overhaul, repair, and maintenance of vessels in foreign
shipyards.
Sec. 1013. Report on options for future lease arrangement for Guam
Shipyard.
Sec. 1014. Shipbuilding Industrial Base Improvement Program.
Sec. 1015. Transfer of operational control of certain patrol coastal
ships to Coast Guard.
Sec. 1016. Limitation on leasing of foreign-built vessels.
Sec. 1017. Overhaul, repair, and maintenance of vessels carrying
Department of Defense cargo.
Sec. 1018. Riding gang member documentation requirement.
Subtitle C--Counter-Drug Activities
Sec. 1021. Restatement in title 10, United States Code, and revision of
Department of Defense authority to provide support for
counter-drug activities of Federal, State, local, and
foreign law enforcement agencies.
Sec. 1022. Restatement in title 10, United States Code, and revision of
Department of Defense authority to provide support for
counter-drug activities of certain foreign governments.
Sec. 1023. Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1024. Continuation of reporting requirement regarding Department
of Defense expenditures to support foreign counter-drug
activities.
Sec. 1025. Report on interagency counter-narcotics plan for Afghanistan
and South and Central Asian regions.
Subtitle D--Other Matters
Sec. 1031. Revision to authorities relating to Commission on the
implementation of the New Strategic Posture of the United
States.
Sec. 1032. Enhancement to authority to pay rewards for assistance in
combating terrorism.
Sec. 1033. Report on assessment process of Chairman of the Joint Chiefs
of Staff relating to Global War on Terrorism.
Sec. 1034. Presidential report on improving interagency support for
United States 21st century national security missions.
Sec. 1035. Quarterly reports on implementation of 2006 Quadrennial
Defense Review Report.
Sec. 1036. Increased hunting and fishing opportunities for members of
the Armed Forces, retired members, and disabled veterans.
Sec. 1037. Technical and clerical amendments.
Sec. 1038. Database of emergency response capabilities.
Sec. 1039. Information on certain criminal investigations and
prosecutions.
Sec. 1040. Date for final report of EMP Commission.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2007 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
section may not exceed $3,750,000,000.
(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 SUPPLEMENTAL APPROPRIATIONS FOR
FISCAL YEAR 2006.
Amounts authorized to be appropriated to the Department of
Defense and the Department of Energy 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 an
emergency supplemental appropriations Act for 2006.
SEC. 1003. 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
``$3,750,000,000''.
SEC. 1004. 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. 1005. REPORT ON BUDGETING FOR FLUCTUATIONS IN FUEL COST
RATES.
(a) Secretary of Defense Report.--
(1) Report on budgeting for fuel cost fluctuations.--Not
later than January 15, 2007, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report on the fuel rate and cost projection
used in the annual Department of Defense budget presentation.
[[Page H2423]]
(2) Matters to be included.--In the report under paragraph
(1), the Secretary shall--
(A) identify alternative approaches for selecting fuel
rates that would produce more realistic estimates of amounts
required to be appropriated or otherwise made available for
the Department of Defense to accommodate fuel rate
fluctuations;
(B) discuss the advantages and disadvantages of each
approach identified pursuant to subparagraph (A); and
(C) identify the Secretary's preferred approach among the
alternative identified pursuant to subparagraph (A) and
provide the Secretary's rationale for preferring that
approach.
(3) Identification of alternative approaches.--In
identifying alternative approaches pursuant to paragraph
(2)(A), the Secretary shall examine--
(A) approaches used by other Federal departments and
agencies; and
(B) the feasibility of using private economic forecasting.
(b) Comptroller General Review and Report.--The Comptroller
General shall review the report under subsection (a),
including the basis for the Secretary's conclusions stated in
the report, and shall submit, not later than March 15, 2007,
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report containing the results of that review.
SEC. 1006. REDUCTION IN AUTHORIZATIONS DUE TO SAVINGS
RESULTING FROM LOWER-THAN-EXPECTED INFLATION.
(a) Reduction.--The total amount authorized to be
appropriated by titles I, II, and III is the amount equal to
the sum of the separate amounts authorized to be appropriated
by those titles reduced by $1,583,000,000.
(b) Source of Savings.--Reduction required in order to
comply with subsection (a) shall be derived from savings
resulting from lower-than-expected inflation.
(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
title 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 those accounts.
Subtitle B--Policy Relating to Vessels and Shipyards
SEC. 1011. TRANSFER OF NAVAL VESSELS TO FOREIGN NATIONS BASED
UPON VESSEL CLASS.
Section 7307(a) of title 10, United States Code, is
amended--
(1) by striking ``disposition of that vessel is approved''
and inserting ``disposal of that vessel, or of a vessel of
the class of that vessel, is authorized''; and
(2) by adding at the end the following new sentences: ``In
the case of an authorization by law for the disposal of such
a vessel that names a specific vessel as being authorized for
such disposal, the Secretary of Defense may substitute
another vessel of the same class, if the vessel substituted
has virtually identical capabilites as the named vessel. In
the case of an authorization by law for the disposal of
vessels of a specified class, the Secretary may dispose of
vessels of that class pursuant to that authorization only in
the number of such vessels specified in that law as being
authorized for disposal.''.
SEC. 1012. OVERHAUL, REPAIR, AND MAINTENANCE OF VESSELS IN
FOREIGN SHIPYARDS.
(a) In General.--Section 7310 of title 10, United States
Code, is amended to read as follows:
``Sec. 7310. Overhaul, repair, etc. of vessels in foreign
shipyards
``(a) In General.--A vessel covered by this section the
homeport of which is in the United States may not be
overhauled, repaired, or maintained in a shipyard outside the
United States, other than in the case of emergency voyage
repairs.
``(b) Covered Vessels.--(1) Vessels covered by this section
are the following:
``(A) Any naval vessel.
``(B) Any other vessel under the jurisdiction of the
Secretary of the Navy, including any vessel under the
jurisdiction of the Military Sealift Command that is owned or
chartered by the United States.
``(2)(A) Notwithstanding paragraph (1), a naval vessel or
other vessel certified by the Secretary of the Navy that is
deployed conducting special mission operations is not subject
to this section.
``(B) The Secretary of the Navy shall submit to the
congressional defense committees each year a written
certification of those vessels that are excluded from this
section. The certification shall be submitted each year with
the annual submission of the Navy budget justification
materials.
``(c) Certain Vessels to Be Considered to Be Homeported in
United States.--In the case of a vessel that does not have a
designated homeport, the vessel shall be considered to have a
homeport in the United States for the purposes of this
section if any of the following applies to the vessel during
the preceding 12-month period:
``(1) The vessel has operated within 1,400 nautical miles
of the United States.
``(2) The vessel has returned to the United States more
than two times.
``(3) The vessel has made a port call or return to the
United States that exceeded seven days.
``(d) Vessel Changing Homeports.--(1) In the case of a
vessel covered by this section the homeport of which is not
in the United States, the Secretary of the Navy may not
during the 15-month period preceding the planned reassignment
of the vessel to a homeport in the United States begin any
work for the overhaul, repair, or maintenance of the vessel
that is scheduled to be for a period of more than six months
``(2) In the case of a vessel covered by this section the
homeport of which is in the United States, the Secretary of
the Navy shall--
``(A) not less than 60 days before designating a homeport
for that vessel at a location outside the United States,
submit to Congress notification in writing of the intent to
designate a homeport for that vessel outside the United
States, together with the reasons for that designation; and
``(B) during the 15-month period preceding the planned
reassignment of the vessel to a homeport not in the United
States, perform in the United States any work for the
overhaul, repair, or maintenance of the vessel that is
scheduled--
``(i) to begin during the 15-month period; and
``(ii) to be for a period of more than six months.
``(e) Definitions.--In this section:
``(1)(A) The term `emergency voyage repair' means the
following:
``(i) Repairs on mission-essential or safety-essential
items that are needed for a vessel to deploy, to continue on
a deployment, or to comply with regulatory requirements.
``(ii) Standard maintenance, but only to the extent that
such maintenance is absolutely necessary to ensure machinery
and equipment operational reliability or to comply with
regulatory requirements.
``(iii) Repair or maintenance that is not executed with a
contract request for proposal.
``(B) Such term does not include corrective maintenance
actions that may be deferred until the next scheduled regular
overhaul and dry docking availability at a shipyard in the
Unites States without degrading operational readiness,
habitability standards, or personnel safety or adversely
affecting regulatory compliance.
``(2) The term `United States', when used in a geographic
sense, includes the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam, and the
Virgin Islands.''.
(b) Effective Date.--Subsection (c) of section 7310 of
title 10, United States Code, as amended by subsection (a),
shall take effect on October 1, 2006, or the date of the
enactment of this Act, whichever is later, and shall apply
only with respect to events specified in paragraphs (1), (2),
and (3) of that subsection occurring on or after that
effective date.
(c) Limitation on Application to Vessel Operating Under
Existing Charter.--This section does not affect the
application of section 7310 of title 10, United States Code,
to a vessel operating under a charter to the United States in
effect on the date of the enactment of this Act, unless such
charter is terminated or renewed after such date of
enactment.
SEC. 1013. REPORT ON OPTIONS FOR FUTURE LEASE ARRANGEMENT FOR
GUAM SHIPYARD.
(a) Report Required.-- Not later than December 15, 2006,
the Secretary of the Navy shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Service of the House of Representatives a report describing
the options available with respect to the Guam Shipyard in
Santa Rita, Guam.
(b) Contents of Report.--The report required under
subsection (a) shall include the following:
(1) An evaluation of the performance of the entities that,
as of the date of the enactment of this Act, are the lessee
and operators of the Guam Shipyard under the terms of the
lease in effect on the date of the enactment of this Act.
(2) An evaluation of each of the following options with
respect to the Guam Shipyard lease:
(A) Terminating the remaining term of the lease and issuing
a new 25 year lease with the same entity.
(B) Terminating the remaining term of the lease with
respect to the approximately 73 acres within the Guam
Shipyard that are required for mission requirements and
leaving the remaining term of the lease in effect with
respect to the approximately 27 acres within the Facility
that are not required for mission requirements.
(C) Terminating the remaining term of the lease and
negotiating a new use arrangement with a different lessee or
operator. The new use arrangement options shall include:
(i) Government-owned and government-operated facility.
(ii) Government-owned and contractor-operated facility.
(iii) Government-leased property for contractor-owned and
contractor-operated facility.
(c) Options for New Use Arrangements.--In evaluating the
options under subsection (b)(2)(C), the Secretary of the Navy
shall include an evaluation of each of the following:
(1) The anticipated future military vessel repair and
workload on Guam in relation to the 2006 Quadrennial Defense
Review, issued on February 6, 2006, pursuant to section 118
of title 10, United States Code.
(2) The anticipated military vessel repair and workload
attributable to vessels comprising the Maritime
Prepositioning Ship Squadron Three.
(3) The anticipated military vessel repair and workload due
to a change in section 7310 of title 10, United States Code,
that would designate Guam as a United States homeport
facility.
(4) The expected workload if the submarine tender the
U.S.S. Frank Cable (AS-40) is decommissioned.
(5) The estimated reacquisition costs of transferred
Government property.
(6) Costs to improve floating dry dock mooring
certification and required nuclear certification for the
floating dry dock designated as AFDB-8 to conduct the
following maintenance:
(A) Dry-docking selected restricted availabilities and mid-
term availability for attack submarines.
(B) Dry-docking phased maintenance availabilities for
amphibious vessels, including to amphibious assault ships,
dock landing ships, and amphibious transport dock ships.
[[Page H2424]]
(C) Dry-docking phased maintenance availabilities for
surface combatants, including cruisers, destroyers, and
frigates.
(7) Commercial opportunities for development to expand
commercial ship repair and general industrial services, given
anti-terrorism force protection requirements at the current
facility.
(8) Estimates from three contractors for the maintenance
and repair costs associated with executing a multiship,
multioption contract that would generate a minimum 60,000
manday commitment for the Department of the Navy and Military
Sealift Command vessels.
(9) A projection of the maintenance and repair costs
associated with executing a minimum 60,000 mandays for the
Department of the Navy and Military Sealift Command vessels
as a Government-owned and Government-operated Navy ship
repair facility.
(d) Input From Contractors.--In evaluating the options
under clauses (ii) and (iii) of subsection (b)(2)(C) for the
purposes of paragraphs (1), (2), and (3) of subsection (c),
the Secretary of the Navy shall seek input from at least
three contractors on the viability of operations based on the
projected workload fiscal years 2008 through 2013.
(e) Recommendations.--The Secretary of the Navy shall
include in the report the following:
(1) The recommendations of the Secretary with respect to
continuation of the existing Guam Shipyard lease based on
evaluations conducted pursuant to subsection (b)(1).
(2) The option under subsection (b)(2) that the Secretary
recommends for fiscal year 2008.
(f) GAO Report.--Not later than March 1, 2007, the
Comptroller General shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Service of
the House of Representatives a report evaluating the report
submitted by the Secretary of the Navy under subsection (a).
The report shall include the option under subsection (b)(2)
that the Secretary recommends for fiscal year 2008.
(g) Support for National Strategic Objectives.--For fiscal
year 2007, the Secretary of the Navy, under the authority of
section 2304(c)(3) of title 10, United States Code, and
section 6.302-3(a)(2)(i) of the Federal Acquisition
Regulation, shall award contracts to the Guam Shipyard in
amounts equal to the average amount of the mandays contracts
awarded to the Guam Shipyard for fiscal years 1998 through
2006 for the purpose of maintaining the industrial base in
case of a national emergency or to achieve industrial
mobilization.
SEC. 1014. SHIPBUILDING INDUSTRIAL BASE IMPROVEMENT PROGRAM.
(a) Program for United States Private Shipyards.--The
Secretary of the Navy shall establish a program, to be known
as the Shipbuilding Industrial Base Improvement Program,
under which the Secretary--
(1) shall make grants to qualified applicants to facilitate
the development of innovative design and production
technologies and processes for naval vessel construction and
the development of modernized shipbuilding infrastructure;
and
(2) shall provide loan guarantees for qualifying shipyards
to facilitate the acquisition by such shipyards of
technologies, processes, and infrastructure to improve their
productivity and cost effectiveness.
(b) Purposes of Program.--The purposes of the program
established under subsection (a) are--
(1) to improve the efficiency and cost-effectiveness of the
construction of naval vessels for the United States;
(2) to enhance the quality of naval vessel construction;
and
(3) to promote the international competitiveness of United
States shipyards for the construction of commercial ships and
naval ships intended for sale to foreign governments.
(c) Selection of Grant Recipients.--
(1) Application for development funding.--An entity
requesting a grant under subsection (a)(1) to develop new
design or production technologies or processes for naval
vessels or to improve shipbuilding infrastructure shall
submit to the Secretary of the Navy an application that
describes the proposal of the entity and provides evidence of
its capability to develop one or more of the following:
(A) Numerically controlled machine tools, robots, automated
process control equipment, computerized flexible
manufacturing systems, associated computer software, and
other technology designed to improve shipbuilding and related
industrial productivity.
(B) Novel techniques and processes designed to improve
shipbuilding quality, productivity, and practice on a broad
and sustained basis, including in such areas as engineering
design, quality assurance, concurrent engineering, continuous
process production technology, employee skills enhancement,
and management of customers and suppliers.
(C) Technology, techniques, and processes appropriate to
enhancing the productivity of shipyard infrastructure.
(2) Selection .--From applications submitted under
paragraph (1), the Secretary of the Navy shall select
entities to receive funds under subsection (a)(1) based on
their ability to research and develop innovative
technologies, processes, and infrastructure to alleviate
areas of shipyard construction inefficiencies as determined
through the assessment described in subsection (f).
(d) Matching Requirement for Grants.--
(1) Federal funding.--Except as provided in paragraph (2),
Federal funds from a grant under subsection (a)(1) for any
purpose shall not exceed 75 percent of the total cost.
(2) Exceptions.--
(A) Small projects.--Paragraph (1) shall not apply to
grants under this section for stand-alone projects costing
not more than $25,000. The amount under this subparagraph
shall be indexed to the consumer price index and modified
each fiscal year after the annual publication of the consumer
price index.
(B) Reduction in matching requirement.--If the Secretary of
the Navy determines that a proposed project merits support
and cannot be undertaken without a higher percentage of
Federal financial assistance, the Secretary may award a grant
for such project with a lesser matching requirement than is
described in paragraph (1).
(e) Loan Guarantees for Shipyard Use of Developed
Technologies, Processes, and Infrastructure.--
(1) In general.--Upon making a determination that a
technology, a process, or an infrastructure improvement
(whether developed using a grant under subsection (a)(1),
through the National Shipbuilding Research Program, or
otherwise) will improve the productivity and cost-
effectiveness of naval vessel construction, the Secretary of
the Navy may provide a loan guarantee under subsection (a)(2)
for a qualifying shipyard to facilitate the purchase by such
shipyard of such technology, process, or infrastructure
improvement.
(2) Payment of cost of loan guarantee.--The cost of a
guarantee under this subsection shall be paid for with
amounts made available in appropriations Acts.
(3) Percentage limitation; term.--A loan guarantee under
this subsection may apply--
(A) to up to 87.5 percent of the loan principal; and
(B) for a term of up to 30 years.
(4) Authorities, procedures, requirements, and
restrictions.--The Secretary of the Navy, subject to the
other provisions of this section--
(A) in implementing this section, may exercise authorities
that are similar to the authorities available to the
Secretary of Transportation under title XI of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), with respect
to loan guarantees under that title; and
(B) may establish such additional requirements for loan
guarantees under this section as the Secretary determines to
be necessary to minimize the cost of such guarantees.
(5) Limitation on total amount of loan guarantees.--The
total amount of loans for which guarantees are provided under
this subsection may not exceed $1,000,000,000.
(6) Definitions.--In this subsection:
(A) Qualifying shipyard.--The term ``qualifying shipyard'',
with respect to a loan guarantee under this section, means a
shipyard that, over the three years preceding the year in
which the loan guarantee is made, derived less than 40
percent of its revenue either directly or indirectly from
United States Government contracts.
(B) Cost.--The term ``cost'', with respect to a loan
guarantee under this section, has the meaning given that term
in section 502 of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 661a), with cost for that
purpose calculated assuming that the borrowing entity
receives no revenue directly or indirectly from United States
Government contracts.
(7) Termination of authority.--The authority of the
Secretary of the Navy to provide loan guarantees under this
subsection expires at the close of September 30, 2011.
(f) Assessments of Naval Vessel Construction
Inefficiencies.--
(1) Periodic assessments required.--The Secretary of the
Navy shall conduct, in the third quarter of each fiscal year
or as often as necessary, an assessment of the following
aspects of naval vessel construction to determine where and
to what extent inefficiencies exist and to what extent
innovative design and production technologies, processes, and
infrastructure can be developed to alleviate such
inefficiencies:
(A) Program design, engineering, and production
engineering.
(B) Organization and operating systems.
(C) Steelwork production.
(D) Ship construction and outfitting.
(2) Consideration of prior assessments.--In making the
assessments required by paragraph (1), the Secretary shall
take into consideration the results of--
(A) the study of the cost effectiveness of the ship
construction program of the Navy required by section 1014 of
the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2041); and
(B) the assessment of the United States naval shipbuilding
industry required by section 254 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3180).
(g) Availability of Funds.--
(1) Authority subject to availability of appropriations.--
The authority of the Secretary of the Navy to make grants and
provide loan guarantees under this section for any fiscal
year is subject to the availability of appropriations for
that purpose.
(2) Fiscal year 2007.--Of the amount authorized to be
appropriated pursuant to section 201(2) for research,
development, test, and evaluation for the Navy for fiscal
year 2007--
(A) $50,000,000 shall be available to the Secretary of the
Navy only to make grants under this section; and
(B) $50,000,000 shall be available only for the cost (as
defined in subsection (e)(6)(B)) of loan guarantees under
this section.
(h) Identification in Budget of Annual Amount for Support
of NSRP Activities.--Amounts in the budget of the President
for any fiscal year for research, development, test, and
evaluation for the Navy that are intended to be made
available for the National Shipbuilding Research Program
shall be separately identified and set forth in budget
justification materials submitted to Congress for that fiscal
year in support of that budget.
(i) Definition of Shipyard.--In this section, the term
``shipyard'' means a private shipyard
[[Page H2425]]
located in the United States the business of which includes
the construction, repair, and maintenance of United States
naval vessels.
SEC. 1015. TRANSFER OF OPERATIONAL CONTROL OF CERTAIN PATROL
COASTAL SHIPS TO COAST GUARD.
Not later than September 30, 2008, the Secretary of the
Navy shall enter into an agreement with the Commandant of the
Coast Guard for the transfer by the Secretary of the Navy to
the Coast Guard of operational control of not less than five
179-foot Cyclone-class patrol coastal ships for a period
extending at least through September 30, 2012.
SEC. 1016. LIMITATION ON LEASING OF FOREIGN-BUILT VESSELS.
(a) In General.--(1) Chapter 141 of title 10, United States
Code, is amended by inserting after section 2401a the
following new section:
``Sec. 2401b. Limitation on lease of foreign-built vessels
``(a) Limitation.--The Secretary of a military department
may not make a contract for a lease or charter of a vessel
for a term of more than 24 months (including all options to
renew or extend the contract) if the hull, or a component of
the hull and superstructure of the vessel, is constructed in
a foreign shipyard.
``(b) Presidential Waiver for National Security Interest.--
(1) The President may authorize exceptions to the limitation
in subsection (a) when the President determines that it is in
the national security interest of the United States to do so.
``(2) The President shall transmit notice to Congress of
any such determination, and no contract may be made pursuant
to the exception authorized until the end of the 30-day
period beginning on the date on which the notice of the
determination is received by Congress.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
2401a the following new item:
``2401b. Limitation on lease of foreign-built vessels.''.
(b) Effective Date.--Section 2401b of title 10, United
States Code, as added by subsection (a), shall apply with
respect to contracts entered into after the date of the
enactment of this Act.
SEC. 1017. OVERHAUL, REPAIR, AND MAINTENANCE OF VESSELS
CARRYING DEPARTMENT OF DEFENSE CARGO.
The Secretary of Defense may not award any contract for the
carriage by vessel of cargo for the Department of Defense,
unless the contract includes a requirement under which the
contractor shall--
(1) ensure that all overhaul, repair, and maintenance
performed on the vessel during the period of the contract is
performed in a shipyard located in the United States; or
(2) report to the Secretary every fiscal year quarter all
overhaul, repair, and maintenance performed on the vessel in
a shipyard located outside the United States during the
period covered by the report.
SEC. 1018. RIDING GANG MEMBER DOCUMENTATION REQUIREMENT.
(a) Requirement.--The Secretary of Defense may not award
any charter of a vessel for the Department of Defense, or
contract for the carriage of cargo by vessel for the
Department of Defense, unless the charter or contract,
respectively, requires that each riding gang member that
performs any work on the vessel during the effective period
of the charter or contract holds a merchant mariner's
document issued under chapter 73 of title 46, United States
Code.
(b) Riding Gang Member Defined.--In this section the term
``riding gang member'' means an individual who--
(1) does not perform--
(A) watchstanding, automated engine room duty watch, or
personnel safety functions; or
(B) cargo handling functions, including any activity
relating to the loading or unloading of cargo, the operation
of cargo-related equipment (whether or not integral to the
vessel), and the handling of mooring lines on the dock when
the vessel is made fast or let go;
(2) does not serve as part of the crew complement required
under section 8101 of title 46, United States Code;
(3) is not a member of the steward's department; and
(4) is not a citizen or temporary or permanent resident of
a country designated by the United States as a sponsor of
terrorism or any other country that the Secretary of Defense,
in consultation with the Secretary of State and the heads of
other appropriate United States agencies, determines to be a
security threat to the United States.
(c) Limitations on Application.--
(1) Vessel operating under existing charter or contract.--
This section does not apply with respect to a vessel
operating under a charter or contract in effect on the date
of the enactment of this section, unless such charter or
contract is renewed after such date of enactment.
(2) Exemptions by secretary of defense.--
(A) In general.--The Secretary of Defense may issue
regulations that exempt a riding gang member from subsection
(a) for the performance of specific technical work on
original equipment of a vessel.
(B) Background check.--Such regulations shall include a
requirement that a riding gang member must pass a background
check before performing work under such an exemption.
Subtitle C--Counter-Drug Activities
SEC. 1021. RESTATEMENT IN TITLE 10, UNITED STATES CODE, AND
REVISION OF DEPARTMENT OF DEFENSE AUTHORITY TO
PROVIDE SUPPORT FOR COUNTER-DRUG ACTIVITIES OF
FEDERAL, STATE, LOCAL, AND FOREIGN LAW
ENFORCEMENT AGENCIES.
(a) Restatement and Revision of Authority.--Chapter 18 of
title 10, United States Code, is amended by adding at the end
a new section 383 consisting of--
(1) a heading as follows:
``Sec. 383. Support for counter-drug activities: Federal,
State, local, and foreign law enforcement agencies''; and
(2) a text consisting of the text of section 1004 of the
National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 374 note), revised as follows:
(A) In subsection (a), by replacing ``During fiscal years
2002 through 2006, the'' with ``The''.
(B) In subsection (e), by replacing ``section 376 of title
10, United States Code,'' with ``section 376 of this
title,''.
(C) In subsection (f), by deleting the parenthetical phrase
beginning ``(including training'' and ending ``1564))''.
(D) In subsection (g)--
(i) in paragraph (1), by replacing ``chapter 18, United
States Code'' with ``this chapter''; and
(ii) in paragraph (2), by replacing ``title 10, United
States Code'' with ``this title''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``383. Support for counter-drug activities: Federal, State, local, and
foreign law enforcement agencies.''.
(c) Repeal of Fiscal Year 1991 Authority.--Section 1004 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 374 note) is repealed.
SEC. 1022. RESTATEMENT IN TITLE 10, UNITED STATES CODE, AND
REVISION OF DEPARTMENT OF DEFENSE AUTHORITY TO
PROVIDE SUPPORT FOR COUNTER-DRUG ACTIVITIES OF
CERTAIN FOREIGN GOVERNMENTS.
(a) Restatement and Revision of Authority.--Chapter 18 of
title 10, United States Code, is amended by inserting after
section 383, as added by section 1021, a new section 384
consisting of--
(1) a heading as follows:
``Sec. 384. Support for counter-drug activities: foreign
governments''; and
(2) a text consisting of the text of section 1033 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1881), revised as follows:
(A) In subsection (a)(2)--
(i) by deleting the first sentence; and
(ii) by replacing ``the governments'' with ``those
governments''.
(B) In subsection (b), 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 Guatemala.
``(14) The Government of Belize.
``(15) The Government of Panama.''.
(C) In subsection (c), by replacing paragraphs (1), (2),
and (3) with the following new paragraphs:
``(1) The transfer of nonlethal protective and utility
personnel equipment.
``(2) The transfer of the following nonlethal specialized
equipment:
``(A) Navigation equipment.
``(B) Secure and nonsecure communications equipment.
``(C) Photo equipment.
``(D) Radar equipment.
``(E) Night vision systems.
``(3) The transfer of nonlethal components, accessories,
attachments, parts (including ground support equipment),
firmware, and software and repair equipment related to the
equipment specified in paragraph (2).
``(4) The transfer of patrol boats, vehicles, and aircraft
and detection, interception, monitoring and testing
equipment.
``(5) The maintenance and repair or upgrade of equipment of
the government that is used for counter-drug activities.
``(6) For fiscal years 2007 and 2008, for the Government of
Afghanistan only, individual and crew-served weapons of 50
caliber or less and ammunition for such weapons for counter-
narcotics security forces.''.
(D) In subsection (d), by replacing ``the provisions of
section 1004 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 374 note)''
with ``section 383 of this title''.
(E) By replacing subsection (e) with the following new
subsection (e):
``(e) Limitation on Obligations.--Amounts made available to
carry out this section shall remain available until expended,
except that the total amount obligated and expended under
this section may not exceed $40,000,000 during fiscal year
2006 or $60,000,000 during fiscal year 2007 or fiscal year
2008.''.
(F) In subsection (f), by replacing paragraphs (3) and (4)
with the following new paragraph:
``(3) For purposes of this subsection and subsection (h),
the term `congressional committees' means the following:
``(A) The Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
``(B) The Committee on Armed Services, the Committee on
Appropriations, and the Committee on International Relations
of the House of Representatives.''.
(G) In subsection (g)(1), by replacing ``United States
Armed Forces'' with ``armed forces''.
(H) In subsection (h)--
(i) in the first sentence, by replacing ``prepare for
fiscal year 2004 (and revise as necessary for subsequent
fiscal years) a counter-drug plan'' with ``submit to the
congressional committees not later than December 31 of each
fiscal year a counter-drug plan for the next fiscal year'';
and
(ii) by adding at the end the following new paragraph:.
``(10) A copy of the certification required by subsection
(f)(1) with respect to the government.''.
[[Page H2426]]
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 383, as added by section 1021, the
following new item:
``384. Support for counter-drug activities: foreign governments.''.
(c) Repeal of Fiscal Year 1998 Authority.--Section 1033 of
the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105-85; 111 Stat. 1881) is repealed.
SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNIFIED
COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2042) is amended--
(1) in subsection (a)(1), by striking ``and 2006'' and
inserting ``through 2008''; and
(2) in subsection (c), by striking ``and 2006'' and
inserting ``through 2008''.
SEC. 1024. CONTINUATION OF REPORTING REQUIREMENT REGARDING
DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.
(a) Additional Report Required.--Section 1022 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-255), as amended by section 1022 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1215) and section 1021 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3426), is further amended by inserting
``and February 15, 2007,'' after ``April 15, 2006,''.
(b) Form of Report and Additional Information Required.--
Such section is further amended--
(1) in the first sentence, by inserting ``, in both
classified and unclassified form,'' after ``report''; and
(2) in paragraph (2), by inserting before the period at the
end the following: ``and the amount of funds provided for
each type of counter-drug activity assisted''.
SEC. 1025. REPORT ON INTERAGENCY COUNTER-NARCOTICS PLAN FOR
AFGHANISTAN AND SOUTH AND CENTRAL ASIAN
REGIONS.
(a) Report Required.--Not later than December 31, 2006, the
Secretary of Defense shall submit to the congressional
defense committees a report updating the interagency counter-
narcotics implementation plan for Afghanistan and the South
and Central Asian regions, including Turkmenistan,
Uzbekistan, Tajikistan, Kyrgyzstan, Kazakhstan, Iran,
Azerbaijan, Pakistan, India, and China, originally prepared
pursuant to section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85;
111 Stat. 1881).
(b) Consultation.--The report under this section shall be
prepared in consultation with the Secretary of State, the
Administrator of the Agency for International Development,
and the Director of the Drug Enforcement Administration.
(c) Matters to Be Included.--The report shall include the
following for each foreign government covered by the report:
(1) A consideration of what activities should be
reallocated among the United States and the foreign
government based on the capabilities of each department and
agency involved.
(2) Any measures necessary to clarify the legal authority
required to complete the mission and the measures necessary
for the United States to successfully complete its counter-
narcotics efforts in Afghanistan and the South and Central
Asian regions.
(3) Current and proposed United States funding to support
counter-narcotics activities of the foreign government.
Subtitle D--Other Matters
SEC. 1031. REVISION TO AUTHORITIES RELATING TO COMMISSION ON
THE IMPLEMENTATION OF THE NEW STRATEGIC POSTURE
OF THE UNITED STATES.
Section 1051 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431) is
amended--
(1) in subsections (b)(1)(E) and (b)(2)(B), by striking
``though 2008'' and inserting ``through 2025'';
(2) in subsection (c)(1), by striking ``Not later than June
30, 2007'' and inserting ``Not later than 18 months after the
date of the Commission's first meeting''; and
(3) in subsection (f), by striking ``July 30, 2007'' and
inserting ``60 days after the date of the submission of its
report''.
SEC. 1032. ENHANCEMENT TO AUTHORITY TO PAY REWARDS FOR
ASSISTANCE IN COMBATING TERRORISM.
(a) Increase in Delegation Limitation.--Paragraph (2) of
section 127b(c) of title 10, United States Code, is amended
by striking ``$2,500'' and inserting ``$10,000''.
(b) Expansion of Senior Officers to Whom Combatant
Commander Authority May Be Delegated.--Such paragraph is
further amended--
(1) by inserting after ``deputy commander'' the following:
``, or to the commander of a command directly subordinate to
that commander,''; and
(2) by adding at the end the following new sentence: ``Such
a delegation may be made to the commander of a command
directly subordinate to the commander of a combatant command
only with the approval of the Secretary of Defense, the
Deputy Secretary of Defense, or an Under Secretary of Defense
designated by the Secretary.''.
SEC. 1033. REPORT ON ASSESSMENT PROCESS OF CHAIRMAN OF THE
JOINT CHIEFS OF STAFF RELATING TO GLOBAL WAR ON
TERRORISM.
Not later than March 1, 2007, the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the findings of the semiannual
assessment process relating to the Global War on Terrorism
that is described in the annex to the National Military
Strategic Plan for the War on Terrorism, issued by the
Secretary of Defense on February 1, 2006, that is designated
as the Implementation and Assessment Annex (Annex R).
SEC. 1034. PRESIDENTIAL REPORT ON IMPROVING INTERAGENCY
SUPPORT FOR UNITED STATES 21ST CENTURY NATIONAL
SECURITY MISSIONS.
(a) Report Required.--Not later than February 1, 2007, the
President shall submit to Congress a report on building
interagency capacity and enhancing the integration of
civilian capabilities of the executive branch with the
capabilities of the Armed Forces as required to achieve
United States national security goals and objectives. To the
maximum extent practicable, the report shall be unclassified,
with a classified annex if necessary.
(b) Report Elements.--The report under subsection (a) shall
include the following:
(1) An assessment of the capabilities required within the
executive branch (other than the Armed Forces) to achieve the
full spectrum of United States national security goals and
objectives, to defend United States national security
interests, and, in particular, to coordinate with the efforts
of elements of the Armed Forces where deployed, including at
least in the following areas:
(A) Organizations and organizational structure.
(B) Planning and assessment capabilities.
(C) Information sharing policies, practices, and systems.
(D) Leadership issues, including command and control of
forces and personnel in the field.
(E) Personnel policies and systems, including recruiting,
retention, training, education, promotion, awards,
employment, deployment, and retirement.
(F) Acquisition authorities.
(2) The criteria and considerations used to evaluate
progress in each of the areas specified in paragraph (1)
towards building and integrating the interagency capacities
required to achieve United States national security goals and
objectives.
(3) Recommendations for specific legislative proposals that
would improve interagency capacity and enhance the
integration of civilian capabilities with the capabilities of
deployed elements of the Armed Forces for each of the areas
specified in paragraph (1).
SEC. 1035. QUARTERLY REPORTS ON IMPLEMENTATION OF 2006
QUADRENNIAL DEFENSE REVIEW REPORT.
(a) Reports Required.--Not later than 30 days after the end
of each fiscal-year quarter, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report on the implementation of
recommendations described in the Department of Defense 2006
Quadrennial Defense Review Report.
(b) Contents of Reports.--Each quarterly report under
subsection (a) shall, at a minimum--
(1) describe the processes and procedures established by
the Secretary of Defense to examine the various
recommendations referred to in subsection (a);
(2) discuss implementation plans and strategies for each
area highlighted by the Quadrennial Defense Review Report;
(3) provide relevant information about the status of such
implementation; and
(4) indicate changes in the Secretary's assessment of the
defense strategies or capabilities required since the
publication of the 2006 Quadrennial Defense Review Report.
(c) Initial Report.--The first report under subsection (a)
shall be submitted not later than January 31, 2007.
(d) Expiration of Requirement.--The reporting requirement
in subsection (a) shall terminate upon the earlier of the
following:
(1) The date of the publication of the next Quadrennial
Defense Review Report after the date of the enactment of this
Act pursuant to section 118 of title 10, United States Code.
(2) The date of transmission of a written notification by
the Secretary of Defense to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives that implementation of the
recommendations of the 2006 Quadrennial Defense Review is
complete.
SEC. 1036. INCREASED HUNTING AND FISHING OPPORTUNITIES FOR
MEMBERS OF THE ARMED FORCES, RETIRED MEMBERS,
AND DISABLED VETERANS.
(a) Access for Members, Retired Members, and Disabled
Veterans.--Consistent with section 2671 of title 10, United
States Code, and using such funds as are made available for
this purpose, the Secretary of Defense shall ensure that
members of the Armed Forces, retired members, disabled
veterans, and persons assisting disabled veterans are able to
utilize lands under the jurisdiction of the Department of
Defense that are available for hunting or fishing.
(b) Assessment.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report containing the results of an assessment of
those lands under the jurisdiction of the Department of
Defense and suitable for hunting or fishing and describing
the actions necessary--
(1) to further increase the acreage made available to
members of the Armed Forces, retired members, disabled
veterans, and persons assisting disabled veterans for hunting
and fishing; and
[[Page H2427]]
(2) to make that acreage more accessible to disabled
veterans.
(c) Recreational Activities on Santa Rosa Island.--The
Secretary of the Interior shall immediately cease the plan,
approved in the settlement agreement for case number 96-7412
WJR and case number 97-4098 WJR, to exterminate the deer and
elk on Santa Rosa Island, Channel Islands, California, by
helicopter and shall not exterminate or nearly exterminate
the deer and elk.
SEC. 1037. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Section 1406(i)(3)(B)(vi) is amended by striking
``Advisor for'' and inserting ``Advisor to''.
(2) Section 2105 is amended by striking by adding a period
at the end of the last sentence.
(3) Section 2703(h) is amended by striking ``subsection''
in the first sentence and inserting ``section''.
(b) Title 37, United States Code.--Title 37, United States
Code, is amended as follows:
(1) Section 210(c)(6) is amended by striking ``Advisor
for'' and inserting ``Advisor to''.
(2) Section 308g(h) is amended by striking the second
period at the end.
(3) Section 308j is amended by striking subsection (g) and
inserting the following new subsection:
``(g) Repayment.--A person who enters into an agreement
under this section and receives all or part of the bonus
under the agreement, but who does not accept a commission or
an appointment as an officer or does not commence to
participate or does not satisfactorily participate in the
Selected Reserve for the total period of service specified in
the agreement, shall be subject to the repayment provisions
of section 303a(e) of this title.''.
(4) Section 414(c) is amended by striking ``, or the Senior
Enlisted Advisor for the Chairman of the Joint Chiefs of
Staff'' before the period at the end.
(c) National Defense Authorization Act for Fiscal Year
2006.--Effective as of January 6, 2006, and as if included
therein as enacted, the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163) is amended as
follows:
(1) Section 608(b) (119 Stat. 3289) is amended--
(A) in paragraph (1), by striking ``the first sentence''
and inserting ``the second sentence''; and
(B) in paragraph (2), by striking ``the second sentence''
and inserting ``the third sentence''.
(2) Section 683 (119 Stat. 3322) is amended--
(A) in subsection (a)(3), by striking ``section 4873'' and
inserting ``section 4837'';
(B) in subsetion (c)(3), by striking ``section 9873'' and
inserting ``section 9837''.
(C) in subsection (b)(2)--
(i) by striking ``by striking the penultimate word.'' and
inserting ``to read as follows:''; and
(ii) by adding at the end the following:
``6161. Settlement of accounts: remission or cancellation of
indebtedness of members.''.
(3) Section 685(a) (119 Stat. 3325) is amended by striking
``Advisor for'' both places it appears and inserting
``Advisor to''.
(4) Section 687(a)(2) (119 Stat. 3327) is amended by
striking ``subsection (a)'' and inserting ``subsection (e)''.
(5) Section 687(b)(15) (119 Stat. 3330) is amended--
(A) by striking ``Subsection (d)'' and inserting
``Subsection (e)''; and
(B) in the matter inserted by that section, by striking
``(d) Repayment.--'' and inserting ``(e) Repayment.--''.
SEC. 1038. DATABASE OF EMERGENCY RESPONSE CAPABILITIES.
The Secretary of Defense shall ensure that a database of
emergency response capabilities is maintained by the
Department of Defense that includes the following:
(1) The types of capabilities that each State's National
Guard will likely provide in response to domestic natural and
manmade disasters, both to their home States and under State-
to-State mutual assistance agreements.
(2) The types of capabilities that the Department of
Defense will likely provide in order to fulfill Department of
Defense responsibilities to provide support under the
National Response Plan's 15 Emergency Support Functions, as
well as identification of the units that provide those
capabilities.
SEC. 1039. INFORMATION ON CERTAIN CRIMINAL INVESTIGATIONS AND
PROSECUTIONS.
(a) Annual Report.--Subsection (c) of section 1093 of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2070) is
amended--
(1) in paragraph (1)--
(A) by inserting ``, or any prosecution on account of,''
after ``Notice of any investigation into''; and
(B) by inserting before the period at the end the
following: ``, and, as to any such criminal investigation or
prosecution described in this paragraph, a detailed and
comprehensive description of such investigation or
prosecution and any resulting judicial or nonjudicial
punishment or other disciplinary action''; and
(2) by adding at the end the following new paragraph:
``(3) Information about any officer nominated for command,
or nominated for promotion or appointment to a position
requiring the advice and consent of the Senate, who has been
subject to any investigation into, or prosecution of, a
violation of international obligations or laws of the United
States regarding the treatment of individuals detained by the
United States Armed Forces or by a person providing services
to the Department of Defense on a contractual basis, if the
inclusion of such information in the report will not
compromise any ongoing criminal or administrative
investigation or prosecution, and including the following:
``(A) A description of any allegation of detainee death,
torture or abuse.
``(B) The status of any investigation or prosecution.
``(C) Any judicial or nonjudicial punishment or other
disciplinary action.''.
(b) Nomination Information.--Such section is further
amended by adding at the end the following new subsection:
``(f) Nominations.--Information described in paragraph (3)
of subsection (c), in addition to being included in the
annual report under that subsection, shall be submitted to
the Committee of Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
on a regular, timely basis in advance of any nomination
described in that paragraph.''.
SEC. 1040. DATE FOR FINAL REPORT OF EMP COMMISSION.
(a) Revised Deadline for Submission of Final Report.--The
final report of the EMP Commission shall be submitted to
Congress not later than the end of the 18-month period
beginning on the date of the commission's first meeting after
being reestablished pursuant to section 1052 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3434) (rather than the date prescribed in
section 1403(a) of the Commisssion Charter).
(b) Definitions.--For purposes of this section:
(1) Emp commission.--The term ``EMP Commission'' means the
Commission to Assess the Threat to the United States from
Electromagnetic Pulse (EMP) Attack Commission, established
pursuant to title XIV 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-345 et seq.) and
reestablished pursuant to section 1052 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3434).
(2) Commission charter.--The term ``Commission charter''
means title XIV 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-345 et seq.), as
amended by section 1052 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3434).
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Increase in authorized number of defense intelligence senior
executive service employees.
Sec. 1102. Authority for Department of Defense to pay full replacement
value for personal property claims of civilians.
Sec. 1103. Accrual of annual leave for members of the uniformed
services performing dual employment.
Sec. 1104. Death gratuity authorized for Federal employees.
SEC. 1101. INCREASE IN AUTHORIZED NUMBER OF DEFENSE
INTELLIGENCE SENIOR EXECUTIVE SERVICE
EMPLOYEES.
Section 1606(a) of title 10, United States Code, is amended
by striking ``594'' and inserting ``644''.
SEC. 1102. AUTHORITY FOR DEPARTMENT OF DEFENSE TO PAY FULL
REPLACEMENT VALUE FOR PERSONAL PROPERTY CLAIMS
OF CIVILIANS.
Section 2636a(a) of title 10, United States Code, is
amended by striking ``of baggage and household effects for
members of the armed forces at Government expense'' and
inserting ``at Government expense of baggage and household
effects for members of the armed forces or civilian employees
of the Department of Defense (or both)''.
SEC. 1103. ACCRUAL OF ANNUAL LEAVE FOR MEMBERS OF THE
UNIFORMED SERVICES PERFORMING DUAL EMPLOYMENT.
Section 5534a of title 5, United States Code, is amended by
adding at the end the following new sentence: ``Such a member
also is entitled to accrue annual leave with pay in the
manner specified in section 6303(a) of this title for a
retired member of a uniformed service.''.
SEC. 1104. DEATH GRATUITY AUTHORIZED FOR FEDERAL EMPLOYEES.
(a) Death Gratuity Authorized.--Chapter 81 of title 5,
United States Code, is amended by inserting after section
8102 the following new section:
``Sec. 8102a. Death gratuity
``(a) Death Gratuity Authorized.--The United States shall
pay a death gratuity of $100,000 to or for the survivor
prescribed by subsection (d) immediately upon receiving
official notification of the death of an employee who dies of
injuries incurred in connection with the employee's service
with an Armed Force in a contingency operation, or who dies
of injuries incurred in connection with a terrorist incident
occurring during the employee's service with an Armed Force.
``(b) Retroactive Payment in Certain Cases.--With respect
to an employee who dies on or after October 7, 2001, as a
result of wounds, injuries, or illnesses incurred in the
performance of duty in the theater of operations of Operation
Enduring Freedom or Operation Iraqi Freedom, subsection (a)
also shall apply.
``(c) Other Benefits.--The death gratuity payable under
this section is in addition to any death benefits otherwise
provided for in law.
``(d) Eligible Survivors.--
``(1) A death gratuity payable upon the death of a person
covered by subsection (a) shall be paid to or for the living
survivor highest on the following list:
``(A) The employee's surviving spouse.
``(B) The employee's children, as prescribed by paragraph
(2), in equal shares.
[[Page H2428]]
``(C) If designated by the employee, any one or more of the
following persons:
``(i) The employee's parents or persons in loco parentis,
as prescribed by paragraph (3).
``(ii) The employee's brothers.
``(iii) The employee's sisters.
``(D) The employee's parents or persons in loco parentis,
as prescribed by paragraph (3), in equal shares.
``(E) The employee's brothers and sisters in equal shares.
Subparagraphs (C) and (E) of this paragraph include brothers
and sisters of the half blood and those through adoption.
``(2) Paragraph (1)(B) applies, without regard to age or
marital status, to--
``(A) legitimate children;
``(B) adopted children;
``(C) stepchildren who were a part of the decedent's
household at the time of death;
``(D) illegitimate children of a female decedent; and
``(E) illegitimate children of a male decedent--
``(i) who have been acknowledged in writing signed by the
decedent;
``(ii) who have been judicially determined, before the
decedent's death, to be his children;
``(iii) who have been otherwise proved, by evidence
satisfactory to the employing agency, to be children of the
decedent; or
``(iv) to whose support the decedent had been judicially
ordered to contribute.
``(3) Subparagraphs (C) and (D) of paragraph (1), so far as
they apply to parents and persons in loco parentis, include
fathers and mothers through adoption, and persons who stood
in loco parentis to the decedent for a period of not less
than one year at any time before the decedent became an
employee. However, only one father and one mother, or their
counterparts in loco parentis, may be recognized in any case,
and preference shall be given to those who exercised a
parental relationship on the date, or most nearly before the
date, on which the decedent became an employee.
``(4) If an eligible survivor dies before he receives the
death gratuity, it shall be paid to the living survivor next
in the order prescribed by paragraph (1).
``(e) Definitions.--The term `contingency operation' has
the meaning given to that term in section 1482a(c) of title
10, United States Code.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 81 of such title is amended by inserting
after the item relating to section 8102 the following new
item:
``8102a. Death gratuity.''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Logistic support for allied forces participating in combined
operations.
Sec. 1202. Temporary authority to use acquisition and cross-servicing
agreements to lend certain military equipment to foreign
forces in Iraq and Afghanistan for personnel protection
and survivability.
Sec. 1203. Recodification and revision to law relating to Department of
Defense humanitarian demining assistance.
Sec. 1204. Enhancements to Regional Defense Combating Terrorism
Fellowship Program.
Sec. 1205. Capstone overseas field studies trips to People's Republic
of China and Republic of China on Taiwan.
Sec. 1206. Military educational exchanges between senior officers and
officials of the United States and Taiwan.
Subtitle B--Nonproliferation Matters and Countries of Concern
Sec. 1211. Procurement restrictions against foreign persons that
transfer certain defense articles and services to the
People's Republic of China.
Subtitle C--Other Matters
Sec. 1221. Execution of the President's policy to make available to
Taiwan diesel electric submarines.
Subtitle A--Assistance and Training
SEC. 1201. LOGISTIC SUPPORT FOR ALLIED FORCES PARTICIPATING
IN COMBINED OPERATIONS.
(a) Authority.--Chapter 3 of title 10, United States Code,
is amended by inserting after section 127b the following new
section:
``Sec. 127c. Allied forces participating in combined
operations: authority to provide logistic support,
supplies, and services
``(a) Authority.--Subject to subsections (b) and (c), the
Secretary of Defense may provide logistic support, supplies,
and services to allied forces participating in a combined
operation with the armed forces. Provision of such support,
supplies, and services to the forces of an allied nation may
be made only with the concurrence of the Secretary of State.
``(b) Limitations.--The authority provided by subsection
(a) may be used only--
``(1) in accordance with the Arms Export Control Act and
other export control laws of the United States; and
``(2) for a combined operation--
``(A) that is carried out during active hostilities or as
part of a contingency operation or a noncombat operation
(including an operation in support of the provision of
humanitarian or foreign disaster assistance, a country
stabilization operation, or a peacekeeping operation under
chapter VI or VII of the Charter of the United Nations); and
``(B) in a case in which the Secretary of Defense
determines that the allied forces to be provided logistic
support, supplies, and services (i) are essential to the
success of the combined operation, and (ii) would not be able
to participate in the combined operation but for the
provision of such logistic support, supplies, and services by
the Secretary.
``(c) Limitation on Value.--The value of logistic support,
supplies, and services provided under this section in any
fiscal year may not exceed $100,000,000.
``(d) Definition.--In this section, the term `logistic
support, supplies, and services' has the meaning given that
term in section 2350(1) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 127b the following new item:
``127c. Allied forces participating in combined operations: authority
to provide logistic support, supplies, and services.''.
SEC. 1202. TEMPORARY AUTHORITY TO USE ACQUISITION AND CROSS-
SERVICING AGREEMENTS TO LEND CERTAIN MILITARY
EQUIPMENT TO FOREIGN FORCES IN IRAQ AND
AFGHANISTAN FOR PERSONNEL PROTECTION AND
SURVIVABILITY.
(a) Authority.--
(1) In general.--Subject to paragraphs (2), (3), and (4),
the Secretary of Defense may treat covered military equipment
as logistic support, supplies, and services under subchapter
I of chapter 138 of title 10, United States Code, for the
purpose of providing for the use of such equipment by
military forces of a nation participating in combined
operations with the United States in Iraq or Afghanistan.
(2) Required determinations.--Equipment may be provided to
the military forces of a nation under the authority of this
section only upon--
(A) a determination by the Secretary of Defense that the
United States forces in the combined operation have no
unfilled requirements for that equipment; and
(B) a determination by the Secretary of Defense, with the
concurrence of the Secretary of State, that it is in the
national security interest of the United States to provide
for the use of such equipment by the military forces of that
nation under this section.
(3) Limitation on use of equipment.--Equipment provided to
the military forces of a nation under the authority of this
section may be used by those forces only in Iraq or
Afghanistan and only for personnel protection or to aid in
the personnel survivability of those forces.
(4) Limitation on duration of provision of equipment.--
Equipment provided to the military forces of a nation under
the authority of this section may be used by the military
forces of that nation for not longer than one year.
(b) Semiannual Reports to Congressional Committees.--
(1) Use of authority during first six months of fiscal
year.--If the authority provided in subsection (a) is
exercised during the first six months of a fiscal year, the
Secretary of Defense shall submit to the specified
congressional committees a report on that exercise of such
authority not later than the following April 30.
(2) Use of authority during second six months of fiscal
year.--If the authority provided in subsection (a) is
exercised during the second six months of a fiscal year, the
Secretary of Defense shall submit to the specified
congressional committees a report on that exercise of such
authority not later than the following October 30.
(3) Content.--Each report under paragraph (1) or (2) shall
include, with respect to each exercise of the authority
provided in subsection (a) during the period covered by the
report, the following:
(A) A description of the basis for the determination of the
Secretary of Defense that it is in the national security
interests of the United States to provide for the use of
covered military equipment in the manner authorized in
subsection (a).
(B) Identification of each foreign force that receives such
equipment.
(C) A description of the type, quantity, and value of the
equipment provided to each foreign force that receives such
equipment.
(D) A description of the terms and duration of the
provision of the equipment to each foreign force that
receives such equipment.
(4) Coordination.--Each report under paragraph (1) or (2)
shall be prepared in coordination with the Secretary of
State.
(c) Limitations on Provision of Military Equipment.--The
provision of military equipment under this section is subject
to the provisions of the Arms Export Control Act (22 U.S.C.
2751 et seq.) and of any other export control process under
laws relating to the transfer of military equipment and
technology to foreign nations.
(d) Definitions.--In this section:
(1) The term ``covered military equipment'' means items
designated as significant military equipment in categories I,
II, III, and VII of the United States Munitions List under
section 38(a)(1) of the Arms Export Control Act (22 U.S.C.
2778(a)(1)).
(2) The term ``specified congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
International Relations of the House of Representatives.
(e) Expiration.--The authority to provide military
equipment to the military forces of a foreign nation under
this section expires on September 30, 2008.
SEC. 1203. RECODIFICATION AND REVISION TO LAW RELATING TO
DEPARTMENT OF DEFENSE HUMANITARIAN DEMINING
ASSISTANCE.
(a) Repeal.--Section 401 of title 10, United States Code,
is amended--
[[Page H2429]]
(1) in subsection (a), by striking paragraph (4);
(2) in subsection (b)--
(A) by striking ``(1)'' after ``(b)''; and
(B) by striking paragraph (2);
(3) in subsection (c), by striking paragraphs (2) and (3);
and
(4) in subsection (e), by striking paragraph (5).
(b) Recodification and Revision.--
(1) In general.--Chapter 20 of such title is amended by
adding at the end the following new section:
``Sec. 407. Humanitarian demining assistance: authority;
limitations
``(a) Authority.--(1) Under regulations prescribed by the
Secretary of Defense, the Secretary of a military department
may carry out humanitarian demining assistance in conjunction
with authorized military operations of the armed forces in a
country if the Secretary concerned determines that the
assistance will promote either--
``(A) the security interests of both the United States and
the country in which the activities are to be carried out; or
``(B) the specific operational readiness skills of the
members of the armed forces who participate in the
activities.
``(2) Humanitarian demining assistance under this section
shall complement, and may not duplicate, any other form of
social or economic assistance which may be provided to the
country concerned by any other department or agency of the
United States.
``(3) The Secretary of Defense shall ensure that no member
of the armed forces, while providing humanitarian demining
assistance under this section--
``(A) engages in the physical detection, lifting, or
destroying of landmines or other explosive remnants of war
(unless the member does so for the concurrent purpose of
supporting a United States military operation); or
``(B) provides such assistance as part of a military
operation that does not involve the armed forces.
``(b) Limitations.--(1) Humanitarian demining assistance
may not be provided under this section unless the Secretary
of State specifically approves the provision of such
assistance.
``(2) Any authority provided under any other provision of
law to provide humanitarian demining assistance to a foreign
country shall be carried out in accordance with, and subject
to, the limitations prescribed in this section.
``(c) Expenses.--(1) Expenses incurred as a direct result
of providing humanitarian demining assistance under this
section to a foreign country shall be paid for out of funds
specifically appropriated for the purpose of the provision by
the Department of Defense of overseas humanitarian
assistance.
``(2) Expenses covered by paragraph (1) include the
following:
``(A) Travel, transportation, and subsistence expenses of
Department of Defense personnel providing such assistance.
``(B) The cost of any equipment, services, or supplies
acquired for the purpose of carrying out or supporting
humanitarian demining activities, including any nonlethal,
individual, or small-team equipment or supplies for clearing
landmines or other explosive remnants of war that are to be
transferred or otherwise furnished to a foreign country in
furtherance of the provision of assistance under this
section.
``(3) The cost of equipment, services, and supplies
provided in any fiscal year under this section may not exceed
$10,000,000.
``(d) Annual Report.--The Secretary of Defense shall
include in the annual report under section 401 of this title
a separate discussion of activities carried out under this
section during the preceding fiscal year, including--
``(1) a list of the countries in which humanitarian
demining assistance was carried out during the preceding
fiscal year; and
``(2) the amount expended in carrying out such assistance
in each such country during the preceding fiscal year.
``(e) Humanitarian Demining Assistance Defined.--In this
section, the term `humanitarian demining assistance' means
detection and clearance of landmines and other explosive
remnants of war, including activities related to the
furnishing of education, training, and technical assistance
with respect to the detection and clearance of landmines and
other explosive remnants of war.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``407. Humanitarian demining assistance: authority; limitations.''.
SEC. 1204. ENHANCEMENTS TO REGIONAL DEFENSE COMBATING
TERRORISM FELLOWSHIP PROGRAM.
(a) Authorized Purposes.--Subsection (a) of section 2249c
of title 10, United States Code, is amended by striking
``associated with'' and all that follows and inserting:
``associated with the education and training of foreign
military officers, ministry of defense officials, or security
officials at military or civilian educational institutions,
regional centers, conferences, seminars, or other training
programs conducted under the Regional Defense Combating
Terrorism Fellowship Program. Costs for which payment may be
made under this section include the costs of transportation
and travel and subsistence costs.''.
(b) Annual Limitation on Amount Obligated.--Subsection (b)
of such section is amended by striking ``$20,000,000'' and
inserting ``$25,000,000''.
(c) Expenditures Across Fiscal Years.--Such section is
further amended by adding at the end the following new
subsection:
``(d) Obligation of Funds Across Fiscal Years.--Funds made
available for a fiscal year may be obligated for the total
cost of an education or training program conducted under
subsection (a) that begins in that fiscal year, including a
program that begins in that fiscal year and ends in the next
fiscal year, so long as the duration of the program does not
exceed one year.''.
(d) Clerical Amendments.--
(1) Reference to program.--Subsection (c)(3) of such
section is amended by striking ``Regional Defense
Counterterrorism Fellowship Program'' and inserting ``program
referred to in subsection (a)''
(2) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2249c. Regional Defense Combating Terrorism Fellowship
Program: authority to use appropriated funds for costs
associated with education and training of foreign
officials''.
(3) Table of sections.--The item relating to such section
in the table of sections at the beginning of subchapter I of
chapter 134 of such title is amended to read as follows
``2249c. Regional Defense Combating Terrorism Fellowship Program:
authority to use appropriated funds for costs associated
with education and training of foreign officials.''.
SEC. 1205. CAPSTONE OVERSEAS FIELD STUDIES TRIPS TO PEOPLE'S
REPUBLIC OF CHINA AND REPUBLIC OF CHINA ON
TAIWAN.
Section 2153 of title 10, United States Code, is amended by
adding at the end of the following new subsection:
``(c) Overseas Field Studies to China and Taiwan.--The
Secretary of Defense shall direct the National Defense
University to ensure that visits to China and Taiwan are an
integral part of the field study programs conducted by the
university as part of the military education course carried
out pursuant to subsection (a) and that such field study
programs include annually at least one class field study trip
to the People's Republic of China and at least one class
field study trip to the Republic of China on Taiwan.''.
SEC. 1206. MILITARY EDUCATIONAL EXCHANGES BETWEEN SENIOR
OFFICERS AND OFFICIALS OF THE UNITED STATES AND
TAIWAN.
(a) Defense Exchanges.--The Secretary of Defense shall
undertake a program of senior military officer and senior
official exchanges with Taiwan designed to improve Taiwan's
defenses against the People's Liberation Army of the People's
Republic of China.
(b) Exchanges Described.--For purposes of this section, the
term ``exchange'' means an activity, exercise, event, or
observation opportunity between Armed Forces personnel or
Department of Defense officials of the United States and
armed forces personnel and officials of Taiwan.
(c) Focus of Exchanges.--The senior military officer and
senior official exchanges undertaken pursuant to subsection
(a) shall include exchanges focused on the following,
especially as they relate to defending Taiwan against
potential submarine attack and potential missile attack:
(1) Threat analysis
(2) Military doctrine
(3) Force planning
(4) Logistical support
(5) Intelligence collection and analysis
(6) Operational tactics, techniques, and procedures.
(d) Civil-Military Affairs.--The senior military officer
and senior official exchanges undertaken pursuant to
subsection (a) shall include activities and exercises focused
on civil-military relations, including parliamentary
relations.
(e) Location of Exchanges.--The senior military officer and
senior official exchanges undertaken pursuant to subsection
(a) shall be conducted in both the United States and Taiwan.
(f) Definitions.--For purposes of this section:
(1) The term ``senior military officer'' means a general or
flag officer of the Armed Forces on active duty.
(2) The term ``senior official'' means a civilian official
of the Department of Defense at the level of Deputy Assistant
Secretary or above.
Subtitle B--Nonproliferation Matters and Countries of Concern
SEC. 1211. PROCUREMENT RESTRICTIONS AGAINST FOREIGN PERSONS
THAT TRANSFER CERTAIN DEFENSE ARTICLES AND
SERVICES TO THE PEOPLE'S REPUBLIC OF CHINA.
(a) Declaration of Policy.--Congress declares that it is
the policy of the United States to deny the People's Republic
of China such defense goods and defense technology that could
be used to threaten the United States or undermine the
security of Taiwan or the stability of the Western Pacific
region.
(b) Procurement Sanction.--(1) The Secretary of Defense may
not procure, by contract or otherwise, any goods or services
from--
(A) any foreign person the Secretary of Defense determines
has, with actual knowledge, on or after the date of the
enactment of this Act, exported, transferred, or otherwise
provided to governmental or nongovernmental entities of the
People's Republic of China any item or class of items on the
United States Munitions List (or any item or class of items
that are identical, substantially identical, or directly
competitive to an item or class of items on the United States
Munitions List); or
(B) any foreign person the Secretary of Defense
determines--
(i) is a successor entity to a person referred to in
paragraph (1):
(ii) is a parent or subsidiary of a person referred to in
paragraph (1); or
(iii) is an affiliate of a person referred to in paragraph
(1) if that affiliate is controlled in fact by such person.
[[Page H2430]]
(2) The prohibition under paragraph (1) with respect to a
foreign person shall last for a period of five years after a
determination is made by the Secretary of Defense with
respect to that person under paragraph (1)(A).
(c) Public Availability of List of Sanctioned Persons.--(1)
The Secretary of Defense shall annually publish in the
Federal Register a current list of any foreign persons
sanctioned under subsection (b). The removal of foreign
persons from, and the addition of foreign persons to, the
list shall also be published.
(2) The Secretary shall maintain the list published under
paragraph (1) on the internet website of the Department of
Defense.
(c) Removal From List of Sanctioned Persons.--The Secretary
of Defense may remove a person from the list of sanctioned
persons referred to in subsection (c) only after the five-
year prohibition period imposed under subsection (b) with
respect to the person has expired.
(d) Exceptions.--(1) Subsection (b) shall not apply
(A) to contracts, or subcontracts under such contracts, in
existence on the date of the enactment of this Act, including
options under such contracts;
(B) if the Secretary of Defense determines in writing that
the person to which the sanctions would otherwise be applied
is a sole source supplier of the goods or services being
procured, that the goods or services are essential, and that
alternative sources are not readily or reasonably available;
(C) in the case of a contract for routine servicing and
maintenance, if the Secretary of Defense determines in
writing alternative sources for performing the contract are
not readily or reasonably available; or
(D) if the Secretary of Defense determines in writing that
goods or services proposed to be procured under the contract
are essential to the national security of the United States.
(2) Determinations under paragraph (1) shall be published
in the Federal Register.
(f) Definitions.--In this section:
(1) The term ``foreign person'' has the meaning given the
term in section 14 of the Iran and Libya Sanctions Act of
1996 (50 U.S.C. 1701 note).
(2) The term ``United States Munitions List'' means the
list referred to in section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778 (a)(1)).
Subtitle C--Other Matters
SEC. 1221. EXECUTION OF THE PRESIDENT'S POLICY TO MAKE
AVAILABLE TO TAIWAN DIESEL ELECTRIC SUBMARINES.
(a) Findings.--Congress makes the following findings:
(1) It is the policy of the United States under the Taiwan
Relations Act of 1979 to ``make available to Taiwan such
defense articles and defense services in such quantity as may
be necessary to enable Taiwan to maintain a sufficient self-
defense capability''.
(2) In April 2001, the President of the United States
approved for sale eight diesel electric submarines to the
Republic of China on Taiwan.
(3) The buildup of attack submarines by the People's
Republic of China threatens the stability in the Taiwan
Strait and longstanding United States national security
interests in the Western Pacific.
(4) Taiwan has a legitimate defense need for diesel
electric submarines.
(5) The sale of diesel electric submarines to Taiwan
supports stability in the Taiwan Strait and Western Pacific.
(6) The Legislative Yuan of the Republic of China on Taiwan
should make every effort to support the President of Taiwan
to fund the acquisition of diesel electric submarines from
the United States.
(7) The sale of diesel electric submarines to Taiwan is
beneficial to the health and wellbeing of the United States
shipbuilding industrial base and, therefore, United States
national security.
(b) Policy of the United States.--It shall be the policy of
the United States to make available to Taiwan plans and
options for design work and construction work on future
diesel electric submarines under the United States foreign
military sales process. The availability of such design work
and construction work shall be made in a manner consistent
with United States national disclosure policy and is subject
to the provisions of the Arms Export Control Act (22 U.S.C.
2751 et seq.) and any other export control law of the United
States.
(c) Report.--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 on the
present and future efforts of the Department of the Navy to
execute the policy of the President to sell diesel electric
submarines to the Republic of China on Taiwan. The report
shall include the following:
(1) Ongoing activities by the Navy International Programs
Office, in consultation with the Defense Security and
Cooperation Agency, to make the Government of Taiwan aware of
available Foreign Military Sales options.
(2) Future activities planned by the Navy International
Programs Office, in consultation with the Defense Security
and Cooperation Agency, to make the Government of Taiwan
aware of available Foreign Military Sales options to acquire
diesel electric submarines from the United States.
(d) Definitions.--In this section:
(1) The term ``design work'' means the process by which a
submarine is designed.
(2) The term ``construction work'' means the process by
which a submarine is constructed.
(3) The term ``activities'' means all interactions between
the Government of the United States and the Government of
Taiwan.
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. Temporary authority to waive limitation on funding for
chemical weapons destruction facility in Russia.
Sec. 1304. National Academy of Sciences study.
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 amount may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination in Russia,
$76,985,000.
(2) For nuclear weapons storage security in Russia,
$87,100,000.
(3) For nuclear weapons transportation security in Russia,
$33,000,000.
(4) For weapons of mass destruction proliferation
prevention in the states of the former Soviet Union,
$37,486,000.
(5) For biological weapons proliferation prevention in the
former Soviet Union, $68,357,000.
(6) For chemical weapons destruction in Russia,
$42,700,000.
(7) For defense and military contacts, $8,000,000.
(8) For activities designated as Other Assessments/
Administrative Support, $18,500,000.
(b) Report on Obligation or Expenditure of Funds for Other
Purposes.--No fiscal year 2007 Cooperative Threat 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) In general.--Subject to paragraphs (2) and (3), in any
case in which the Secretary of Defense determines that it is
necessary to do so in the national interest, the Secretary
may obligate amounts appropriated for fiscal year 2007 for a
purpose listed in any of the paragraphs in subsection (a) in
excess of the specific amount authorized for that purpose.
(2) Notice-and-wait required.--An obligation of funds for a
purpose stated in any of the paragraphs in subsection (a) in
excess of the specific amount authorized for such purpose may
be made using the authority provided in paragraph (1) only
after--
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the
notification.
(3) Restriction.--The Secretary may not, under the
authority provided in paragraph (1), obligate amounts for a
purpose stated in any of paragraphs (6) through (8) of
subsection (a) in excess of 125 percent of the specific
amount authorized for such purpose.
SEC. 1303. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON FUNDING
FOR CHEMICAL WEAPONS DESTRUCTION FACILITY IN
RUSSIA.
Section 1303 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2094; 22 U.S.C. 5952 note) is amended--
(1) in subsection (b), by striking ``shall expire on
December 31, 2006, and no waiver shall remain in effect after
that date'' and inserting ``shall expire upon completion of
the Chemical Weapons Destruction Facility currently under
construction at Shchuch'ye in the Russian Federation, and no
waiver shall remain in effect after that date''; and
(2) by adding at the end the following new subsection:
``(c) Report.--Not later than 30 days after completion of
the facility referred to in subsection (b), the Secretary of
Defense shall submit to Congress a written notification that
specifies the date of completion.''.
SEC. 1304. NATIONAL ACADEMY OF SCIENCES STUDY.
(a) Study Required.--The Secretary of Defense shall enter
into an arrangement with the National Academy of Sciences
under which the Academy shall carry out a study to analyze
lessons learned, past and present challenges, and possible
options in effectively managing and facilitating threat
reduction and nonproliferation
[[Page H2431]]
projects under the Cooperative Threat Reduction program. The
study shall cover all existing Cooperative Threat Reduction
projects for securing or eliminating nuclear, chemical, and
biological weapons and related systems in the states of the
former Soviet Union.
(b) Report.--Not later than December 31, 2007, the
Secretary shall submit to Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a report on the study carried out under
subsection (a). The report shall include a review and
evaluation of each of the following matters:
(1) Project management.
(2) Interagency interaction concerning threat reduction and
nonproliferation projects of other Federal departments or
agencies.
(3) Public outreach and community involvement.
(4) Cooperation of Russia and of other states of the former
Soviet Union (including site access, visa approval, and
contractor support).
(5) Legal frameworks.
(6) Transparency.
(7) Adequacy of funding from the United States and any
Cooperative Threat Reduction program partner.
(8) Interaction with threat reduction and nonproliferation
projects of Global Partnership countries.
(c) Funding.--Of the amounts made available pursuant to the
authorization of appropriations in section 301(19) for
Cooperative Threat Reduction programs, not more than
$2,000,000 shall be available only to carry out this section.
TITLE XIV--HOMELAND DEFENSE TECHNOLOGY TRANSFER
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Creation of Homeland Defense Technology Transfer Consortium.
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Homeland Defense
Technology Transfer Act of 2006''.
SEC. 1402. FINDINGS.
Congress finds the following:
(1) The Federal Government funds billions of dollars for
research each year that has the potential to meet the needs
of Federal, State, and local first responders, yet examples
of successful technology transitions are few and far between.
(2) Congress has made repeated efforts to authorize the
Department of Defense to effectively transfer its
technologies to Federal, State, and local first responders.
However, while progress has been made in implementing these
authorities, this process can be significantly improved.
(3) Although the Department of Defense Strategy for
Homeland Defense and Civil Support calls for active
participation in an interagency process that improves
interoperability and compatibility with public safety
technologies and initiatives, greater participation is needed
to ensure that all technologies used by the Department of
Defense in their homeland defense mission are interoperable
and compatible with standards being developed for public
safety technologies.
(4) Even when technologies with promise have been
identified, additional research and development efforts are
needed to adapt these technologies into readily available,
affordable products. No program with a sense of urgency to
quickly produce results exists to bridge this gap.
(5) Tragedies such as Hurricanes Katrina and Rita
demonstrate the need for prompt, decisive action by Congress
to solve a problem that has eluded attempts by the Department
of Defense to solve.
(6) Legislation is needed to codify the process for
effectively moving and adapting needed technologies from the
Department of Defense to Federal, State, and local first
responders so that the lives of the American public and
emergency responders are protected to the maximum extent
possible.
SEC. 1403. CREATION OF HOMELAND DEFENSE TECHNOLOGY TRANSFER
CONSORTIUM.
(a) Authorization of Consortium.--In order to improve the
speed and effectiveness of identifying, evaluating,
deploying, and transferring to Federal, State, and local
first responders technology items and equipment in support of
homeland security as required by section 1401 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 50 U.S.C. 2312 note) and work towards
interoperability and compatibility of inter-agency homeland
defense and security technologies, it is urgent that the
technology adaptation and transfer process be consistent
within the Department of Defense. Towards that end, the
Secretary of Defense is authorized to create a Homeland
Defense Technology Transfer Consortium.
(b) Composition of Consortium.--To contribute to the rapid
development and adoption of new technologies needed to ensure
the safety of the United States public and the welfare of
emergency service providers, the Homeland Defense Technology
Transfer Consortium shall be composed of--
(1) organizations and entities working with the Department
of Defense;
(2) Federal, State, and local first responders; and
(3) other relevant Federal agencies with established
expertise in identifying, assessing, testing, evaluating, and
training emergency response and other public safety entities.
(c) Authorities of Consortium.--
(1) Process improvements.--The Homeland Defense Technology
Transfer Consortium shall systematize--
(A) the process for the identification, assessment,
adaptation, and transition of defense technologies that have
the potential to enhance public safety and improve homeland
security, thereby assisting the Department of Defense in
meeting its statutory obligation to identify, evaluate,
deploy, and transfer to Federal, State, and local first
responders technology items and equipment of homeland
security; and
(B) the process of coordinating and acting as liaison on
behalf of the Department of Defense with other Federal
agencies as appropriate to collect and prioritize Federal,
State, and local first responder technology requirements
already gathered by those entities.
(2) Funding recommendations.--The Consortium shall submit
recommendations to the Secretary of Defense for funding for
the development, adaptation, test and evaluation, or other
needed activities for any technology identified under
paragraph (1) with a high potential to benefit Federal,
State, and local first responders.
(3) Technology integration.--The Consortium may assist in
the integration of new technologies into appropriate first
responder training exercises to maximize their rapid adoption
as well as disseminating best practices in the profession.
(4) Interoperability and compatibility.--The Consortium,
under the direction of the Secretary of Defense, shall act as
liaison with relevant Federal agencies, as well as Federal,
State, and local first responders where appropriate, to work
towards ensuring that technologies used by the Department of
Defense in its homeland defense mission are interoperable and
compatible with standards being developed for technologies
used by Federal, State, and local first responders.
(d) Annual Report of the Consortium.--The Homeland Defense
Technology Transfer Consortium shall submit to the President
and Congress an annual report on its activities. Each report
shall include, at a minimum--
(1) a listing of specific Department of Defense and related
technologies it has identified that appear to meet needs of
Federal, State, and local first responders;
(2) the results of any tests and evaluations conducted on
particular technologies, except that no company proprietary
information may be disclosed in the report;
(3) a listing of any recommendations the Consortium has
made to the Department of Defense that developmental,
adaptive, test and evaluation, or other funding be provided
related to the development and deployment of technologies
identified by the Consortium of particular interest for
meeting the needs of emergency response providers;
(4) a listing of any technology development activities
undertaken under the authorities of subsection (c);
(5) a listing of any technologies that have been
subsequently used by Federal, State, and local first
responders as a result of activities of the Consortium; and
(6) any recommendations determined appropriate by the
Consortium on barriers to the prompt deployment of
technologies needed by Federal, State, and local first
responders.
(e) Annual Report by the Secretary of Defense.--The
Secretary of Defense shall submit to the President and
Congress an annual report on activities the Department of
Defense has taken to identify, test and evaluate, or develop
technologies with application to Federal, State, and local
first responders. Each report shall include, at a minimum, a
description of the activities the Department of Defense has
taken pursuant to recommendations of the Homeland Defense
Technology Transfer Consortium, including activities to fund
development or testing and evaluation of technologies created
under programs of the Department.
(f) Authorization of Appropriations.--There is authorized
to be appropriated $2,500,000 for the Department of Defense
Office of Homeland Defense to fund the activities of the
Homeland Defense Technology Transfer Consortium in each of
fiscal years 2007 and 2008, for carrying out the duties of
the Consortium under this section.
TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Research, development, test and evaluation.
Sec. 1507. Operation and maintenance.
Sec. 1508. Defense Health Program.
Sec. 1509. Classified programs.
Sec. 1510. Military personnel.
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Transfer authority.
Sec. 1513. Availability of funds.
SEC. 1501. PURPOSE.
The purpose of this title is to authorize estimated 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. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2007 for procurement accounts of the Army in amounts as
follows:
(1) For aircraft procurement, $232,400,000.
(2) For ammunition procurement, $328,341,000.
(3) For weapons and tracked combat vehicles procurement,
$1,029,672,000.
(4) For other procurement, $2,183,430,000.
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2007 for procurement accounts for the Navy in
amounts as follows:
(1) For weapons procurement, $131,400,000.
(2) For other procurement, $44,700,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2007 for
[[Page H2432]]
the procurement account for the Marine Corps in the amount of
$636,125,000.
(c) Navy and Marine Corps Ammunition.--Funds are hereby
authorized to be appropriated for fiscal year 2007 for the
procurement account for ammunition for the Navy and the
Marine Corps in the amount of $143,150,000.
SEC. 1504. AIR FORCE PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2007 for procurement accounts for the Air Force in
amounts as follows:
(1) For aircraft procurement, $201,550,000.
(2) For missile procurement, $32,650,000.
(3) For other procurement, $62,650,000.
SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2007 for the procurement account for Defense-wide in the
amount of $140,200,000.
SEC. 1506. RESEARCH, DEVELOPMENT, TEST AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2007 for the use of the Department of Defense for
research, development, test and evaluation as follows:
(1) For the Army, $25,500,000.
(2) For Defense-wide activities, $5,000,000.
(3) For the Air Force, $7,000,000.
SEC. 1507. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2007 for the use of the Armed Forces for expenses, not
otherwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $22,396,986,000.
(2) For the Navy, $1,834,560,000.
(3) For the Marine Corps, $1,485,920,000.
(4) For the Air Force, $2,822,998,000.
(5) For Defense-wide activities, $3,377,402,000.
(6) For the Army National Guard, $50,000,000.
(7) For the Air National Guard, $15,400,000.
SEC. 1508. 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, the Defense Health Program, in the
amount of $950,200,000 for operation and maintenance.
SEC. 1509. CLASSIFIED PROGRAMS.
Funds are hereby authorized to be appropriated to the
Department of Defense for fiscal year 2007 for Classified
Programs, in the amount of $2,500,000,000.
SEC. 1510. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel accounts for
fiscal year 2007 a total of $9,362,766,000.
SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be
appropriated by this Act.
SEC. 1512. TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this title for fiscal year 2007 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
section may not exceed $3,000,000,000. 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. 1513. AVAILABILITY OF FUNDS.
Funds in this title shall be made available for obligation
to the Army, Navy, Marine Corps, Air Force, and Defense-wide
components by the end of the second quarter of fiscal year
2007.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Joel Hefley Military
Construction Authorization Act for Fiscal Year 2007''.
TITLE I--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 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
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama................................... Redstone Arsenal.................................. $4,300,000
Alaska.................................... Fort Richardson................................... $70,656,000
California................................ Fort Irwin........................................ $18,200,000
Colorado.................................. Fort Carson....................................... $30,800,000
Georgia................................... Fort Gillem....................................... $15,000,000
Fort Stewart/Hunter Army Air Field................ $95,300,000
Hawaii.................................... Schofield Barracks................................ $54,500,000
Kansas.................................... Fort Leavenworth.................................. $23,200,000
Fort Riley........................................ $37,200,000
Kentucky.................................. Blue Grass Army Depot............................. $3,500,000
Fort Campbell..................................... $123,500,000
Louisiana................................. Fort Polk......................................... $6,100,000
Maryland.................................. Fort Detrick...................................... $12,400,000
Missouri.................................. Fort Leonard Wood................................. $27,600,000
New Jersey................................ Picatinny Arsenal................................. $9,900,000
New York.................................. Fort Drum......................................... $218,600,000
North Carolina............................ Fort Bragg........................................ $89,000,000
Sunny Point Military Ocean Terminal............... $46,000,000
Oklahoma.................................. McAlester Army Ammunition Plant................... $3,050,000
Texas..................................... Corpus Christi Army Depot......................... $12,200,000
Fort Bliss........................................ $8,200,000
Fort Hood......................................... $93,000,000
Utah...................................... Dugway Proving Ground............................. $14,400,000
Virginia.................................. Fort Lee.......................................... $4,150,000
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
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Grafenwoehr.............. $157,632,000
Vilseck.................. $19,000,000
Italy........................ Vicenza.................. $223,000,000
Japan........................ Camp Hansen.............. $7,150,000
Korea........................ Camp Humphreys........... $77,000,000
[[Page H2433]]
Yongpyong................ $7,400,000
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(3), the Secretary of the Army may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amount set
forth in the following table:
Army: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Unspecified Worldwide.... $34,800,000
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2104(a)(6)(A), the Secretary of the Army may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the installations
or locations, in the number of units, and in the amounts set
forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Fort Richardson................ 162.................. $70,000,000
Fort Wainwright................ 234.................. $132,000,000
Arizona................................. Fort Huachuca.................. 119.................. $32,000,000
Arkansas................................ Pine Bluff Arsensal............ 10................... $2,900,000
Wisconsin............................... Fort McCoy..................... 13................... $4,900,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(6)(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(6)(5)(A), the Secretary of
the Army may improve existing military family housing units
in an amount not to exceed $320,659,000.
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2006, for military construction, land
acquisition, and military family housing functions of the
Department of the Army in the total amount of $3,389,046,000
as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $1,217,356,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $491,182,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2101(c),
$34,800,000.
(4) For unspecified minor military construction projects
authorized by section 2805 of title 10, United States Code,
$23,930,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $220,830,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$578,791,000.
(B) For support of military family housing (including the
functions described in section 2833 of title 10, United
States Code), $674,657,000.
(7) 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.
(8) 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.
(9) For the construction of increment 2 of a barracks
complex for the 3nd 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.
(10) 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.
(11) For the construction of increment 2 of a defense
access road at Fort Belvoir, Virginia, authorized by section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3486), $13,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation 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), (2), and (3) of subsection (a).
(2) $306,000,000 (the balance of the amount authorized
under section 2101(a) for construction of a brigade complex
for Fort Lewis, Washington).
TITLE II--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2004 and 2005 projects.
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
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona................................... Marine Corps Air Station, Yuma.................... $5,966,000
California................................ Marine Corps Air Station, Camp Pendleton.......... $6,412,000
Marine Corps Air Station, Miramar................. $2,968,000
Marine Corps Base, Camp Pendleton................. $106,142,000
Marine Corps Base, Twentynine Palms............... $27,217,000
Naval Air Station, North Island................... $21,535,000
Naval Support Activity, Monterey.................. $7,380,000
Connecticut............................... Naval Submarine Base, New London.................. $9,580,000
Florida................................... Naval Air Station, Pensacola...................... $13,486,000
Georgia................................... Marine Corps Logistics Base, Albany............... $70,540,000
Naval Submarine Base, Kings Bay................... $20,282,000
Hawaii.................................... Naval Base, Pearl Harbor.......................... $48,338,000
Naval Magazine, Pearl Harbor...................... $6,010,000
Indiana................................... Naval Support Activity, Crane..................... $6,730,000
Maryland.................................. Naval Air Station, Patuxent River................. $16,316,000
National Maritime Intelligence Center, Suitland... $67,939,000
[[Page H2434]]
North Carolina............................ Marine Corps Air Station, Cherry Point............ $2,790,000
Marine Corps Air Station, New River............... $21,500,000
Marine Corps Base, Camp Lejeune................... $160,904,000
South Carolina............................ Marine Corps Air Station, Beaufort................ $25,575,000
Virginia.................................. Marine Corps Base, Quantico....................... $30,628,000
Naval Shipyard, Norfolk........................... $34,952,000
Naval Station, Norfolk............................ $12,062,000
Naval Support Activity, Norfolk................... $41,712,000
Washington................................ Naval Base, Kitsap................................ $17,617,000
Naval Air Station, Whidbey Island................. $67,303,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(2), the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Diego Garcia................. Diego Garcia............. $37,473,000
Italy........................ Naval Air Station, $13,051,000
Sigonella.
------------------------------------------------------------------------
(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(3), the Secretary of the Navy may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amount set
forth in the following table:
Navy: Unspecified Worldwide
------------------------------------------------------------------------
Location Project Amount
------------------------------------------------------------------------
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,
in the number of units, and in the amounts set forth in the
following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units Amount
----------------------------------------------------------------------------------------------------------------
California.............................. Marine Corps Log. Base, Barstow 74................... $27,851,000
Guam.................................... Naval Station, Guam........... 176.................. $98,174,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a)(6)(A), the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $2,785,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of 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 $180,146,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2006, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy in the total amount of $2,037,953,000,
as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $764,572,000,000.
(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, $72,857,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$308,956,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $509,126,000.
(7) For the construction of increment 2 of a reclamation
and conveyance project for Marine Corps Base, Camp Pendleton,
California, authorized by section 2201(a) of the Military
Construction Authorization Act of Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3490), $33,290,000.
(8) For the construction of increment 2 of a helicopter
hangar replacement at Naval Air Station, Jacksonville,
Florida, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3489), $43,250,000.
(9) For the construction of increment 2 of recruit training
barracks infrastructure upgrades at Recruit Training 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 a field house
at the United States Naval Academy, Annapolis, Maryland,
authorized by section 2201(a) of the Military Construction
Authorization Act of Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3490), $21,685,000.
(11) For the construction of increment 2 of the replacement
of Ship Repair Pier 3 at Naval Station, Norfolk, Virginia,
authorized by section 2201(a) of the Military Construction
Authorization Act of Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3490), $30,939,000.
(12) For the construction of increment 2 of an addition to
Hockmuth Hall, Marine Corps Base, Quantico, Virginia,
authorized by section 2201(a) of the Military Construction
Authorization Act of Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3490), $10,159,000.
(13) For the construction of increment 2 of wharf upgrades
at Naval Station Guam, Marianas Islands, authorized by
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.
(14) For the construction of increment 2 of wharf upgrades
at Yokosuka, Japan, authorized by section 2201(b) of the
Military Construction Authorization Act of Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3490),
$44,360,000.
(15) For the construction of increment 2 of bachelor
quarters at Naval Station, Everett, Washington, authorized by
section 2201(a) of the Military Construction Authorization
Act of Fiscal Year 2006 (division B of Public Law 109-163;
119 Stat. 3490), $20,917,000.
(16) For the construction of increment 3 of the limited
area production and storage complex at Strategic Weapons
Facility Pacific, Bangor, Washington, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
2105), as amended by section 2206 of this Act, $14,274,000.
(17) For the construction of the next increment of the
outlaying landing field facilities at
[[Page H2435]]
Washington County, North Carolina, authorized by section
2201(a) of the Military Construction Authorization Act for
Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat.
1704), as amended by section 2205(a) of this Act, $7,926,000.
(18) For the construction of increment 4 of pier 11
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.
(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) $56,159,000 (the balance of the amount authorized under
section 2201(a) for construction of an addition to the
National Maritime Intelligence Center, Suitland, Maryland).
(3) $31,153,000 (the balance of the amount authorized under
section 2201(a) to recapitalize Hangar 5 at Naval Air
Station, Whidbey Island, Washington).
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2004 AND 2005 PROJECTS.
(a) Fiscal Year 2004 Inside the United States Project.--
(1) Modification.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2004
(division B of Public Law 108-136; 117 Stat. 1704), as
amended by section 2205 of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3492), is amended--
(A) at the end of the items relating to North Carolina, by
inserting a new item entitled ``Navy Outlying Landing Field,
Washington County'' in the amount of ``$193,260,000'';
(B) by striking the item relating to Various Locations,
CONUS; and
(C) by striking the amount identified as the total in the
amount column and inserting ``$1,489,424,000''.
(2) Conforming amendments.--Section 2204(b)(6) of that Act
(117 Stat. 1706) is amended--
(A) by striking ``$28,750,000'' and inserting
``$165,650,000''; and
(B) by striking ``outlying landing field facilities,
various locations in the continental United States'' and
inserting ``an outlying landing field in Washington County,
North Carolina''.
(b) Fiscal Year 2005 Inside the United States Project.--
(1) Modification.--The table in section 2201(a) of the
Military Construction Authorization Act for Fiscal Year 2005
(division B of Public Law 108-375; 118 Stat. 2105), as
amended by section 2206 of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3493), is amended--
(A) by striking the item relating to Navy Outlying Landing
Field, Washington County, North Carolina; and
(B) by striking the amount identified as the total in the
amount column and inserting ``$825,479,000''.
(2) Conforming amendments.--Section 2204 of that Act (118
Stat. 2107), as amended by section 2206 of the Military
Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3493), is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``$752,927,000'' and
inserting ``722,927,000''; and
(ii) by adding at the end the following new paragraph:
``(10) For the construction of increment 2 of the Navy
outlying landing field in Washington County, North Carolina,
authorized by section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1704), as amended by section 2205(a)
of the Military Construction Authorization Act for Fiscal
Year 2007, $30,000,000.''; and
(B) in subsection (b), by striking paragraph (3).
TITLE III--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. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska...................................... Eielson Air Force Base.......................... $38,300,000
Elmendorf Air Force Base........................ $56,100,000
Arizona..................................... Davis-Monthan Air Force Base.................... $11,800,000
Arkansas.................................... Little Rock Air Force Base...................... $9,800,000
California.................................. Beale Air Force Base............................ $28,000,000
Travis Air Force Base........................... $73,900,000
Colorado.................................... Buckley Air Force Base.......................... $10,700,000
Peterson Air Force Base......................... $4,900,000
Schriever Air Force Base........................ $21,000,000
Delaware.................................... Dover Air Force Base............................ $26,400,000
Florida..................................... Eglin Air Force Base............................ $30,350,000
Hurlburt Field.................................. $32,950,000
MacDill Air Force Base.......................... $71,000,000
Tyndall Air Force Base.......................... $8,200,000
Georgia..................................... Robins Air Force Base........................... $45,600,000
Hawaii...................................... Hickam Air Force Base........................... $28,538,000
Illinois.................................... Scott Air Force Base............................ $20,000,000
Kansas...................................... McConnell Air Force Base........................ $3,875,000
Kentucky.................................... Fort Knox....................................... $3,500,000
Montana..................................... Malmstrom Air Force Base........................ $5,700,000
Nevada...................................... Indian Springs Auxiliary Field.................. $49,923,000
New Jersey.................................. McGuire Air Force Base.......................... $28,500,000
Oklahoma.................................... Altus Air Force Base............................ $1,500,000
Tinker Air Force Base.......................... $5,700,000
South Carolina.............................. Shaw Air Force Base............................. $31,500,000
South Dakota................................ Ellsworth Air Force Base....................... $3,000,000
Texas....................................... Fort Bliss...................................... $8,500,000
Lackland Air Force Base......................... $13,200,000
Laughlin Air Force Base......................... $12,600,000
Sheppard Air Force Base......................... $7,000,000
Utah........................................ Hill Air Force Base............................. $53,400,000
Virginia.................................... Langley Air Force Base.......................... $57,700,000
Washington.................................. Fairchild Air Force Base....................... $4,250,000
Wyoming..................................... Francis E. Warren Air Force Base................ $11,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(2), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Ramstein Air Base........ $53,150,000
Guam......................... Andersen Air Base........ $80,800,000
Korea........................ Kunsan Air Base.......... $46,700,000
Osan Air Base............ $2,156,000
------------------------------------------------------------------------
[[Page H2436]]
(c) Unspecified Worldwide.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(3), the Secretary of the Air Force may acquire real
property and carry out military construction projects for
unspecified installations or locations in the amount set
forth in the following table:
Air Force: Unspecified Worldwide
------------------------------------------------------------------------
Location Installation or Location Amount
------------------------------------------------------------------------
Unspecified Worldwide.... $35,677,000
------------------------------------------------------------------------
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, in the number of units, and in the amounts set
forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Eielson Air Force Base........... 129................ $87,414,000
Idaho................................... Mountain Home Air Force Base..... 457................ $107,800,000
Missouri................................ Whiteman Air Force Base.......... 116................ $39,270,000
Montana................................. Malmstrom Air Force Base......... 493................ $140,252,000
North Carolina.......................... Seymour Johnson Air Force Base... 56................. $22,956,000
North Dakota............................ Minot Air Force Base............. 575................ $171,188,000
Texas................................... Dyess Air Force Base............. 199................ $49,215,000
Germany................................. Ramstein Air Base................ 101................ $59,488,000
Spangdahlem Air Base............. 60................. $39,294,000
United Kingdom.......................... Royal Air Force Lakenheath....... 74................. $35,282,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(6)(A), the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $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 $403,777,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after 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
$3,157,882,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $818,386,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $182,806,000.
(3) For military construction projects at unspecified
worldwide locations authorized by section 2301(c),
$35,677,000.
(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, $97,504,000.
(6) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$1,169,138,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $755,071,000.
(7) For the construction of increment 2 of the C-17
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
total amount authorized to be appropriated under paragraphs
(1), (2), and (3) of subsection (a).
TITLE IV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Family housing.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorized base closure and realignment activities funded
through Department of Defense Base Closure Account 2005.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out certain fiscal year
2006 projects.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following tables:
Defense Education Activity
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Kentucky...................................... Fort Knox....................................... $18,108,000
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Arizona...................... Marine Corps Air Station, $8,715,000
Yuma.
California................... Beale Air Force Base..... $9,000,000
Pennsylvania................. Defense Distribution $8,900,000
Depot, New Cumberland.
Viginia...................... Fort Belvoir............. $5,500,000
Washington................... Naval Air Station, $26,000,000
Whidbey Island.
------------------------------------------------------------------------
National Security Agency
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Maryland..................... Fort Meade............... $4,517,000
------------------------------------------------------------------------
[[Page H2437]]
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
Mississippi................. Stennis Space Center...... $10,200,000
North Carolina.............. Fort Bragg................ $67,044,000
Marine Corps Base, Camp $51,600,000
Lejeune.
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...................................... MacDill Air Force Base........................... $92,000,000
Naval Hospital, Jacksonville..................... $16,000,000
Hawaii....................................... Naval Base, Pearl Harbor......................... $7,700,000
Illinois..................................... Naval Hospital, Great Lakes...................... $20,000,000
Maryland..................................... Fort Detrick..................................... $550,000,000
New York..................................... Fort Drum........................................ $9,700,000
Texas........................................ Fort Hood........................................ $18,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following tables:
Defense Education Activity
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Italy......................................... Vicenza......................................... $47,210,000
Korea......................................... Osan Air Base................................... $4,589,000
Spain......................................... Naval Station, Rota............................. $23,048,000
----------------------------------------------------------------------------------------------------------------
Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
Country or Possession Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan...................................... Okinawa............................................ $5,000,000
Wake Island................................ ................................................... $2,600,000
----------------------------------------------------------------------------------------------------------------
Special Operations Command
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Qatar........................ Al Udeid AB.............. $44,500,000
------------------------------------------------------------------------
TRICARE Management Activity
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Italy........................ Vicenza.................. $52,000,000
------------------------------------------------------------------------
SEC. 2402. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2405(a)(9)(A), the Secretary of Defense may
construct or acquire family housing units (including land
acquisition and supporting facilities) at the location, in
the number of units, and in the amount set forth in the
following table:
Defense Logistics Agency: Family Housing
----------------------------------------------------------------------------------------------------------------
State Location Units Amount
----------------------------------------------------------------------------------------------------------------
Virginia................................ Richmond International Airport. 25................... $7,840,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(9)(A), the Secretary of Defense may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of military family housing units in an amount not
to exceed $200,000.
SEC. 2403. ENERGY CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2405(a)(6), the Secretary of
Defense may carry out energy conservation projects under
section 2865 of title 10, United States Code, in the amount
of $55,000,000.
SEC. 2404. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES
FUNDED THROUGH DEPARTMENT OF DEFENSE BASE
CLOSURE ACCOUNT 2005.
(a) Authorized Activities.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2405(a)(8), the Secretary of Defense may carry out base
closure and realignment activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account 2005 established by section 2906A of such Act, in the
amount of $5,902,723,000.
(b) Conforming Amendments to Fiscal Year 2006
Authorizations.--
(1) Authorized activities.--Title XXIV of the Military
Construction Authorization Act for Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3496) is amended by adding
at the end the following new section:
``SEC. 2404. AUTHORIZED BASE CLOSURE AND REALIGNMENT
ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT 2005.
``Using amounts appropriated pursuant to the authorization
of appropriations in section 2403(a)(7), the Secretary of
Defense may carry out base closure and realignment
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base
Closure and Realignment Act of 1990
[[Page H2438]]
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such
Act, in the amount of $2,035,466,000.''.
(2) Authorization of appropriations and limitations.--
Section 2403 of that Act (119 Stat. 3499) is amended--
(A) in subsection (a)(7)--
(i) by striking ``as authorized by the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note)'' and inserting
``authorized by section 2404 of this Act''; and
(ii) by striking ``section 2906 of such Act'' and inserting
``section 2906A of the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note)'';
(B) by redesignating subsection (c) as subsection (d); and
(C) by inserting after subsection (b) the following new
subsection (c):
``(c) Limitation on Total Cost of Base Closure and
Realignment Activities.--Notwithstanding the cost variations
authorized by section 2853 of title 10, United States Code,
and any other cost variation authorized by law, the total
cost of all base closure and realignment activities,
including real property acquisition and military construction
projects, carried out under section 2404 of this Act may not
exceed the sum of the following:
``(1) The total amount authorized to be appropriated under
subsection (a)(7).
``(2) $531,000,000 (the balance of the amount authorized
under section 2404 for base closure and realignment
activities).''.
SEC. 2405. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) In General.--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 $7,160,356,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $537,616,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $163,197,000.
(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, $172,950,000.
(6) For energy conservation projects authorized by section
2403 of this Act, $55,000,000.
(7) For base closure and realignment activities as
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 authorized
by section 2404 of this Act and funded through the Department
of Defense Base Closure Account 2005 established by section
2906A of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note), $5,236,223,000.
(9) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$8,808,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $48,506,000.
(C) For credit to the Department of Defense Family Housing
Improvement Fund established by section 2883(a)(1) of title
10, United States Code, $2,500,000
(10) For the construction of increment 2 of the regional
security operations center at Augusta, Georgia, authorized by
section 2401(a) of the Military Construction Authorization
Act of Fiscal Year 2006 (division B of Public Law 109-163;
119 Stat. 3497), as amended by section 2406 of this Act,
$87,118,000.
(11) For the construction of increment 2 of the regional
security operations center at Kunia, Hawaii, authorized by
section 2401(a) of the Military Construction Authorization
Act of Fiscal Year 2006 (division B of Public Law 109-163;
119 Stat. 3497), $47,016,000.
(12) 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 of Fiscal Year 2006 (division B of Public
Law 109-163; 119 Stat. 3497), $11,151,000.
(13) For the construction of increment 2 of an operations
building, Royal Air Force Menwith Hill Station, United
Kingdom, authorized by section 2401(b) of the Military
Construction Authorization Act of Fiscal Year 2006 (division
B of Public Law 109-163; 119 Stat. 3498), as amended by
section 2406 of this Act, $46,386,000.
(14) For the construction of the second increment of
certain base closure and realignment activities authorized by
section 2404 of the Military Construction Authorization Act
of Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3500), as added by section 2404(b) of this Act,
$390,000,000.
(15) For the construction of increment 7 of a munitions
demilitarization facility at Blue Grass Army Depot, Kentucky,
authorized by section 2401(a) of the Military Construction
Authorization Act for Fiscal Year 2000 (division B of Public
Law 106-65; 113 Stat. 835), as amended by section 2405 of the
Military Construction Authorization Act of 2002 (division B
of Public Law 107-107; 115 Stat. 1298), and section 2405 of
the Military Construction Authorization Act for Fiscal Year
2003 (division B of Public Law 107-314; 116 Stat. 2698),
$89,157,000.
(16) For the construction of increment 8 of a munitions
demilitarization facility at Pueblo Chemical Activity,
Colorado, authorized by section 2401(a) of the Military
Construction Authorization Act for Fiscal Year 1997 (division
B of Public Law 104-201; 110 Stat. 2775), as amended by
section 2406 of the Military Construction Authorization Act
for Fiscal Year 2000 (division B of Public Law 106-65; 113
Stat. 839), and section 2407 of the Military Construction
Authorization Act for Fiscal Year 2003 (division B of Public
Law 107-314; 116 Stat. 2698), $41,836,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation 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) and (2) of subsection (a).
(2) $46,400,000 (the balance of the amount authorized under
section 2401(a) for construction of a health clinic at
MacDill Air Force Base, Florida).
(3) $521,000,000 (the balance of the amount authorized
under section 2401(a) for stage 1 of the replacement of the
Army Medical Research Institute of Infectious Diseases at
Fort Detrick, Maryland).
(c) Limitation on Total Cost of Base Closure and
Realignment Activities.--Notwithstanding the cost variations
authorized by section 2853 of title 10, United States Code,
and any other cost variation authorized by law, the total
cost of all base closure and realignment activities,
including real property acquisition and military construction
projects, carried out under section 2404(a) of this Act may
not exceed the sum of the following:
(1) The total amount authorized to be appropriated under
subsection (a)(8).
(2) $666,500,000 (the balance of the amount authorized
under section 2404(a) for base closure and realignment
activities).
(d) Notice and Wait Requirement Applicable to Obligation of
Funds for Base Closure and Realignment Activities.--Funds
appropriated pursuant to the authorization of appropriations
in subsection (a)(8) may not be obligated until--
(1) a period of 21 days has expired following the date on
which the Secretary of Defense submits to the congressional
defense committees a report describing the specific programs,
projects, and activities for which the funds are to be
obligated; or
(2) if over sooner, a period of 14 days has expired
following 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.
SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2006 PROJECTS.
(a) Modification of Inside the United States National
Security Agency Projects.--The table relating to the National
Security Agency in subsection (a) of section 2401 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 National
Security Agency Project.--The table relating to the National
Security Agency in subsection (b) of such section (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 ``$87,752,000''.
(c) Conforming Amendments.--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 ``$46,055,000''.
TITLE V--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
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 $200,985,000.
TITLE VI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
[[Page H2439]]
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,
$518,403,000; and
(B) for the Army Reserve, $169,487,000.
(2) For the Department of the Navy, for the Navy Reserve
and Marine Corps Reserve, $55,158,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$212,788,000; and
(B) for the Air Force Reserve, $56,836,000.
TITLE VII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2702. Effective date.
SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVI for military construction
projects, land acquisition, family housing projects and
facilities, and contributions to the North Atlantic Treaty
Organization Security Investment program (and authorizations
of appropriations therefor) shall expire on the later of--
(1) October 1, 2009; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2010.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment program (and 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. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act
shall take effect on the later of--
(1) October 1, 2006; or
(2) the date of the enactment of this Act.
TITLE VIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Increase in maximum annual amount authorized to be obligated
for emergency military construction.
Sec. 2802. Applicability of local comparability of room pattern and
floor area requirements to construction, acquisition, and
improvement to military unaccompanied housing.
Sec. 2803. Authority to use proceeds from sale of military family
housing to support military housing privatization
initiative.
Sec. 2804. Repeal of special requirement for military construction
contracts on Guam.
Sec. 2805. Congressional notification of cancellation ceiling for
Department of Defense energy savings performance
contracts.
Sec. 2806. Expansion of authority to convey property at military
installations to support military construction.
Sec. 2807. Pilot projects for acquisition or construction of military
unaccompanied housing.
Sec. 2808. Consideration of alternative and more efficient uses for
general officer and flag officer quarters in excess of
6,000 square feet.
Sec. 2809. Repeal of temporary minor military construction program.
Sec. 2810. One-year extension of temporary, limited authority to use
operation and maintenance funds for construction projects
outside the United States.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Consolidation of Department of Defense authorities regarding
granting of easements for rights-of-way.
Sec. 2822. Authority to grant restrictive easements in connection with
land conveyances.
Sec. 2823. Maximum term of leases for structures and real property
relating to structures in foreign countries needed for
purposes other than family housing.
Sec. 2824. Consolidation of laws relating to transfer of Department of
Defense real property within the department and to other
Federal agencies.
Sec. 2825. Congressional notice requirements in advance of acquisition
of land by condemnation for military purposes.
Subtitle C--Base Closure and Realignment
Sec. 2831. Treatment of lease proceeds from military installations
approved for closure or realignment after January 1,
2005.
Subtitle D--Land Conveyances
Sec. 2841. Land conveyance, Naval Air Station, Barbers Point, Hawaii.
Sec. 2842. Modification of land acquisition authority, Perquimans
County, North Carolina.
Sec. 2843. Land conveyance, Radford Army Ammunition Plant, Pulaski
County, Virginia.
Subtitle E--Other Matters
Sec. 2851. Availability of community planning assistance relating to
encroachment of civilian communities on military
facilities used for training by the Armed Forces.
Sec. 2852. Prohibitions against making certain military airfields or
facilities available for use by civil aircraft.
Sec. 2853. Naming housing facility at Fort Carson, Colorado, in honor
of Joel Hefley, a member of the House of Representatives.
Sec. 2854. Naming Navy and Marine Corps Reserve Center at Rock Island,
Illinois, in honor of Lane Evans, a member of the House
of Representatives.
Sec. 2855. 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.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. INCREASE IN MAXIMUM ANNUAL AMOUNT AUTHORIZED TO BE
OBLIGATED FOR EMERGENCY MILITARY CONSTRUCTION.
Section 2803(c)(1) of title 10, United States Code, is
amended by striking ``$45,000,000'' and inserting
``$60,000,000''.
SEC. 2802. APPLICABILITY OF LOCAL COMPARABILITY OF ROOM
PATTERN AND FLOOR AREA REQUIREMENTS TO
CONSTRUCTION, ACQUISITION, AND IMPROVEMENT TO
MILITARY UNACCOMPANIED HOUSING.
(a) Application to Military Unaccompanied Housing.--Section
2826 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``or military unaccompanied housing''
after ``military family housing'' the first place it appears;
and
(B) by striking ``military family housing'' the second
place it appears and inserting ``such housing''; and
(2) in subsection (b)--
(A) by striking ``Requests for Authority for Military
Family Housing'' and inserting ``Information on Net Floor
Areas of Proposed Units'';
(B) in paragraph (1)--
(i) by inserting ``or military unaccompanied housing''
after ``military family housing'' the first place it appears;
and
(ii) by striking ``military family housing'' the second
place it appears and inserting ``such housing''; and
(C) in paragraph (2), by striking ``military family housing
unit'' and inserting ``unit of military family housing or
military unaccompanied housing''.
(b) Waiver Authority.--Such section is further amended by
adding at the end the following new subsection:
``(c) Waiver Authority.--The Secretary concerned may waive
the requirements of subsection (a) in the case of the
construction, acquisition, or improvement of military
unaccompanied housing on a case-by-case basis. The Secretary
shall include the reasons for the waiver in the request
submitted to Congress for authority to carry out the
construction, acquisition, or improvement project.''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2826. Local comparability of room patterns and floor
areas''.
(2) Table of sections.--The table of sections at the
beginning of subchapter II of chapter 169 of such title is
amended by striking the item relating to section 2826 and
inserting the following new item:
``2826. Local comparability of room patterns and floor areas.''.
(d) Repeal of Superseded Provision.--
(1) Repeal.--Section 2856 of such title is repealed.
(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 2856.
(e) Conforming Amendments Regarding Alternative Acquisition
and Improvement Authority.--Section 2880(b) of such title is
amended--
(1) by striking ``(1)'';
(2) by inserting ``or military unaccompanied housing''
after ``military family housing''; and
(3) by striking paragraph (2).
SEC. 2803. AUTHORITY TO USE PROCEEDS FROM SALE OF MILITARY
FAMILY HOUSING TO SUPPORT MILITARY HOUSING
PRIVATIZATION INITIATIVE.
(a) Transfer Flexibility.--Section 2831 of title 10, United
States Code, is amended--
(1) in subsection (b), by striking ``There'' and inserting
``Except as provided in subsection (e), there'';
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Authority to Transfer Certain Proceeds to Support
Military Housing Privatization Initiative.--(1) The Secretary
concerned may transfer family housing proceeds referred to in
subsection (b)(3) to the Department
[[Page H2440]]
of Defense Family Housing Improvement Fund established under
section 2883(a)(1) of this title.
``(2) A transfer of proceeds under paragraph (1) may be
made only after the end of the 30-day period beginning on the
date the Secretary concerned submits written notice of, and
justification for, the transfer to the appropriate committees
of Congress or, if earlier, the end of the 14-day period
beginning on the date on which a copy of the notice and
justification is provided in an electronic medium pursuant to
section 480 of this title.''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Establishment.--''
after ``(a)'';
(2) in subsection (b), by inserting ``Credits to Account.--
'' after ``(b)'';
(3) in subsection (c), by inserting ``Availability of
Amounts in Account.--'' after ``(c)''; and
(4) in subsection (d), by inserting ``Use of Account.--''
after ``(d)''.
(c) Conforming Amendment.--Section 2883(c)(1) of such title
is amended by adding at the end the following new
subparagraph:
``(G) Proceeds of the handling and the disposal of family
housing of a military department that the Secretary concerned
transfers to that Fund pursuant to section 2831(e) of this
title.''.
SEC. 2804. REPEAL OF SPECIAL REQUIREMENT FOR MILITARY
CONSTRUCTION CONTRACTS ON GUAM.
(a) Repeal.--Section 2864 of title 10, United States Code,
is repealed.
(b) 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 2864.
SEC. 2805. CONGRESSIONAL NOTIFICATION OF CANCELLATION CEILING
FOR DEPARTMENT OF DEFENSE ENERGY SAVINGS
PERFORMANCE CONTRACTS.
Section 2865 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) Congressional Notification of Cancellation Ceiling
for Energy Savings Performance Contracts.--When a decision is
made to award an energy savings performance contract that
contains a clause setting forth a cancellation ceiling in
excess of $7,000,000, the Secretary of Defense shall submit
to the appropriate committees of Congress written
notification of the proposed contract and of the proposed
cancellation ceiling for the contract. The notification shall
include the justification for the proposed cancellation
ceiling. The contract may then be awarded only after the end
of the 30-day period beginning on the date the notification
is received by such committees or, if earlier, the end of the
15-day period beginning on the date on which a copy of the
notification is provided in an electronic medium pursuant to
section 480 of this title.''.
SEC. 2806. EXPANSION OF AUTHORITY TO CONVEY PROPERTY AT
MILITARY INSTALLATIONS TO SUPPORT MILITARY
CONSTRUCTION.
(a) Inclusion of All Military Installations.--Subsection
(a) of section 2869 of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' before ``The Secretary
concerned'';
(3) by striking ``located on a military installation that
is closed or realigned under a base closure law'' and
inserting ``described in paragraph (2)''; and
(4) by adding at the end the following new paragraph:
``(2) Paragraph (1) applies with respect to real property
under the jurisdiction of the Secretary concerned that--
``(A) is located on a military installation that is closed
or realigned under a base closure law; or
``(B) is determined to be excess to the needs of the
Department of Defense.''.
(b) Use of Authority to Support Agreements to Limit
Encroachments.--Subparagraph (A) of paragraph (1) of
subsection (a) of such section, as redesignated and amended
by subsection (a), is further amended by striking ``land
acquisition'' and inserting ``land acquisition, including a
land acquisition under an agreement entered into under
section 2684a of this title to limit encroachments and other
constraints on military training, testing, and operations''.
(c) Advance Notice of Use of Authority; Content of
Notice.--Subsection (d) of such section is amended--
(1) in paragraph (1), by striking ``closed or realigned
under the base closure laws is to be conveyed'' and inserting
``is proposed for conveyance'';
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) The Secretary concerned may not enter into an
agreement under subsection (a) for the conveyance of real
property until--
``(A) the Secretary submits to Congress notice of the
conveyance, including--
``(i) a description of the military construction project,
land acquisition, military family housing, or military
unaccompanied housing to be carried out under the agreement
in exchange for the conveyance of the property; and
``(ii) the amount of any payment to be made under
subsection (b) or under section 2684a(d) of this title to
equalize the fair market values of the property to be
conveyed and the military construction project, land
acquisition, military family housing, or military
unaccompanied housing to be carried out under the agreement
in exchange for the conveyance of the property; and
``(B) a period of 21 days has elapsed from the date of
receipt of the notice or, if over sooner, a period of 14 days
has elapsed from the date on which a copy of the notice is
provided in an electronic medium pursuant to section 480 of
this title.''.
(d) Deposit and Use of Funds.--Subsection (e) of such
section is amended to read as follows:
``(e) Deposit and Use of Funds.--(1) The Secretary
concerned shall deposit funds received under subsection (b)
in the appropriation `Foreign Currency Fluctuations,
Construction, Defense'.
``(2) The funds deposited under paragraph (1) shall be
available, in such amounts as provided in appropriation Acts,
for the purpose of paying increased costs of overseas
military construction and family housing construction or
improvement associated with unfavorable fluctuations in
currency exchange rates. The use of such funds for this
purpose does not relieve the Secretary concerned from the
duty to provide advance notice to Congress under section
2853(c) of this title whenever the Secretary approves an
increase in the cost of an overseas project under such
section.''.
(e) Annual Reports; Effect of Failure to Submit.--
Subsection (f) of such section is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) in subparagraph (C), as so redesignated, by inserting
before the period at the end the following: ``and of excess
real property at military installations'';
(3) by striking ``(f)'' and all that follows through ``the
following:'' and inserting the following:
``(f) Annual Reports; Effect of Failure to Submit.--(1) Not
later than March 15 of each year, the Secretary of Defense
shall submit to Congress a report detailing the following:'';
and
(4) by adding at the end the following new paragraph:
``(2) If the report for a year is not submitted to Congress
by the date specified in paragraph (1), the Secretary
concerned may not enter into an agreement under subsection
(a) after that date for the conveyance of real property until
the date on which the report is finally submitted.''.
(f) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2869. Conveyance of property at military installations
to support military construction or limit encroachment''.
(2) Table of sections.--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 and
inserting the following new item:
``2869. Conveyance of property at military installations to support
military construction or limit encroachment.''.
(g) Conforming Amendments to Department of Defense Housing
Funds.--Section 2883(c) of such title is amended--
(1) in paragraph (1), by striking subparagraph (F); and
(2) in paragraph (2), by striking subparagraph (F).
(h) Conforming Amendments to Authority to Limit
Encroachments.--Subsection (d)(3) of section 2684a of such
title is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(2) in subparagraph (C), as so redesignated, by striking
``in the sharing of acquisition costs of real property, or an
interest in real property, under paragraph (1)(B)'' and
inserting ``under subparagraph (A), either through the
contribution of funds or excess real property, or both,'';
and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) In lieu of or in addition to making a monetary
contribution toward the cost of acquiring a parcel of real
property, or an interest therein, pursuant to an agreement
under this section, the Secretary concerned may convey, using
the authority provided by section 2869 of this title, real
property described in subsection (a)(2) of such section.''.
SEC. 2807. PILOT PROJECTS FOR ACQUISITION OR CONSTRUCTION OF
MILITARY UNACCOMPANIED HOUSING.
(a) Extension of Authority to Carry Out Pilot Projects.--
Subsection (f) of section 2881a of title 10, United States
Code, is amended by striking ``2007'' and inserting ``2011''.
(b) Authorized Projects.--Subsection (a) of such section is
amended by striking ``three pilot projects'' and inserting
``six pilot projects''.
(c) Notification of Funding Transfers.--Subsection (d)(2)
of such section is amended by striking ``90 days prior
notification'' and inserting ``45 days prior notification, or
30 days if the notification is provided in an electronic
medium pursuant to section 480 of this title,''.
(d) Report Submission.--Subsection (e)(2) of such section
is amended by striking the second sentence and inserting the
following new sentence: ``The Secretary may then issue the
contract solicitation or offer the conveyance or lease after
the end of the 45-day period beginning on the date the report
is received by the appropriate committees of Congress or, if
earlier, the end of the 30-day period beginning on the date
on which a copy of the report is provided in an electronic
medium pursuant to section 480 of this title.''.
SEC. 2808. CONSIDERATION OF ALTERNATIVE AND MORE EFFICIENT
USES FOR GENERAL OFFICER AND FLAG OFFICER
QUARTERS IN EXCESS OF 6,000 SQUARE FEET.
(a) Reporting Requirements.--Paragraph (1) of subsection
(f) of section 2831 of title 10, United States Code, as
redesignated by section 2803(a)(2), is amended--
(1) in subparagraph (A), by striking ``and'' at the end of
the subparagraph;
[[Page H2441]]
(2) in subparagraph (B)--
(A) by striking ``so identified'' and inserting
``identified under subparagraph (A)''; and
(B) by striking the period at the end of the subparagraph
and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(C) identifying each family housing unit in excess of
6,000 square feet used, or intended for use, as quarters for
a general officer or flag officer;
``(D) for each family housing unit identified under
subparagraph (C), specifying any alternative and more
efficient use to which the unit could be converted (which
would include any costs necessary to convert the unit) and
containing an explanation of the reasons why the unit is not
being converted to the alternative use; and
``(E) for each family housing unit identified under
subparagraph (C) for which costs under subparagraph (A) or
new construction costs are anticipated to exceed $100,000 in
the next fiscal year, specifying any alternative use to which
the unit could be converted (which would include any costs
necessary to convert the unit) and an estimate of the costs
to demolish and rebuild the unit to private sector
standards.''.
(b) Conforming Amendment.--The heading of such subsection
is amended by striking ``Cost Of''.
SEC. 2809. REPEAL OF TEMPORARY MINOR MILITARY CONSTRUCTION
PROGRAM.
Section 2810 of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3509) is repealed.
SEC. 2810. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY
TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS OUTSIDE THE UNITED
STATES.
Section 2808(a) of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108-136;
117 Stat. 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 by striking ``and 2006'' and inserting
``through 2007''.
Subtitle B--Real Property and Facilities Administration
SEC. 2821. CONSOLIDATION OF DEPARTMENT OF DEFENSE AUTHORITIES
REGARDING GRANTING OF EASEMENTS FOR RIGHTS-OF-
WAY.
(a) Consolidation.--Subsection (a) of section 2668 of title
10, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``he'' both places it appears and inserting
``the Secretary''; and
(B) by striking ``his control, to a State, Commonwealth, or
possession, or political subdivision thereof, or to a
citizen, association, partnership, or corporation of a State,
Commonwealth, or possession,'' and inserting ``the
Secretary's control'';
(2) in paragraph (2), by striking ``oil pipe lines'' and
inserting ``gas, water, sewer, and oil pipe lines''; and
(3) in paragraph (13), by striking ``he considers
advisable, except a purpose covered by section 2669 of this
title'' and inserting ``the Secretary considers advisable''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Authorized Types of
Easements.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Limitation on Size of
Easement.--'' after ``(b)'';
(3) in subsection (c), by inserting ``Termination.--''
after ``(c)'';
(4) in subsection (d), by inserting ``Notice to Department
of the Interior.--'' after ``(d)''; and
(5) in subsection (e), by inserting ``Disposition of
Consideration.--'' after ``(e)''.
(c) Conforming Repeal.--Section 2669 of such title is
repealed.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 159 of such title is amended by striking
the item related to section 2669.
SEC. 2822. AUTHORITY TO GRANT RESTRICTIVE EASEMENTS IN
CONNECTION WITH LAND CONVEYANCES.
(a) Restrictive Easements.--Chapter 159 of title 10, United
States Code, is amended by inserting after section 2668 the
following new section:
``Sec. 2668a. Restrictive easements: granting easement in
connection with land conveyances
``(a) Authority to Include Restrictive Easement.--In
connection with the conveyance of real property by the
Secretary concerned under any provision of law, the Secretary
concerned may grant an easement restricting future uses of
the conveyed real 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) Authorized Recipients.--An easement under subsection
(a) may be granted only to a State or local government or a
qualified organization, as that term is used in section
170(h) of the Internal Revenue Code of 1986 (26 U.S.C.
170(h)).
``(c) Limitation on Use of Conservation Easements.--An
easement under subsection (a) may not be granted unless--
``(1) the Secretary concerned determines that the
conservation purpose to be promoted by the easement cannot be
effectively achieved through the application of State law by
the State or a local government;
``(2) the Secretary consults with the local government
whose jurisdiction encompasses the property regarding the
grant of the easement; and
``(3) the Secretary can give or assign to a third party the
responsibility for monitoring and enforcing the easement.
``(d) Acreage Limitation.--No easement granted under this
section may include more land than is necessary for the
easement.
``(e) Terms and Conditions.--The grant of an easement under
this section shall be subject to such terms and conditions as
the Secretary considers advisable.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2668 the following new item:
``2668a. Restrictive easements: granting easement in connection with
land conveyances.''.
SEC. 2823. MAXIMUM TERM OF LEASES FOR STRUCTURES AND REAL
PROPERTY RELATING TO STRUCTURES IN FOREIGN
COUNTRIES NEEDED FOR PURPOSES OTHER THAN FAMILY
HOUSING.
Section 2675(a) of title 10, United States Code, is amended
by striking ``five years'' and inserting ``10 years''.
SEC. 2824. CONSOLIDATION OF LAWS RELATING TO TRANSFER OF
DEPARTMENT OF DEFENSE REAL PROPERTY WITHIN THE
DEPARTMENT AND TO OTHER FEDERAL AGENCIES.
(a) Inclusion of Transfer Authority Between Armed Forces.--
Section 2696 of title 10, United States Code, is amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively; and
(2) by inserting before subsection (b), as so redesignated,
the following new subsection:
``(a) Transfers Between Armed Forces.--If either of the
Secretaries concerned requests it and the other approves,
real property may be transferred, without compensation, from
one armed force to another. Section 2571(d) of this title
shall apply to the transfer of real property under this
subsection.''.
(b) Inclusion of Department of Justice Program.--The text
of section 2693 of such title is amended--
(1) by redesignating paragraphs (1), (2), and (3) of
subsection (a) as subparagraphs (A), (B), and (C),
respectively;
(2) by redesignating paragraphs (1) and (2) of subsection
(b) as subparagraphs (A) and (B), respectively, and in such
subparagraph (B), as so redesignated, by striking ``this
section'' and inserting ``paragraph (1)'';
(3) by striking ``(a) Except as provided in subsection
(b)'' and inserting ``(f) Department of Justice Correctional
Options Program.--(1) Except as provided in paragraph (2)'';
(4) by striking ``(b) The provisions of this section'' and
inserting ``(2) Paragraph (1)''; and
(5) by transferring the text, as so redesignated and
amended, to appear as a new subsection (f) at the end of
section 2696 of such title.
(c) Conforming Amendments.--
(1) Section 2571.--Section 2571(a) of such title is amended
by striking ``and real estate''.
(2) Section 2693.--Section 2693 of such title is repealed.
(3) Section 2696.--Section 2696 of such title is amended--
(A) in subsection (b), as redesignated by subsection
(a)(1), by striking ``Screening Requirement.--'' and
inserting ``Screening Requirements for Additional Federal
Use.--'';
(B) in subsection (c)(1), as redesignated by subsection
(a)(1), by striking ``subsection (a)'' in the first sentence
and inserting ``subsection (b)'';
(C) in subsection (d), by striking ``subsection (b)(1)''
and inserting ``subsection (c)(1)''; and
(D) in subsection (e), by striking ``this section'' and
inserting ``subsection (b)''.
(d) Clerical Amendments.--
(1) Section 2571.--(A) The heading of section 2571 of such
title is amended to read as follows:
``Sec. 2571. Interchange of supplies and services''.
(B) The table of sections at the beginning of chapter 153
of such title is amended by striking the item relating to
section 2571 and inserting the following new item:
``2571. Interchange of supplies and services.''.
(2) Sections 2693 and 2696.--(A) The heading of section
2696 of such title is amended to read as follows:
``Sec. 2696. Transfers and disposals: interchange among armed
forces and screening requirements for other Federal use''.
(B) The table of sections at the beginning of chapter 159
of such title is amended--
(i) by striking the item relating to section 2693; and
(ii) by striking the item relating to section 2696 and
inserting the following new item:
``2696. Transfers and disposals: interchange among armed forces and
screening requirements for other Federal use.''.
SEC. 2825. CONGRESSIONAL NOTICE REQUIREMENTS IN ADVANCE OF
ACQUISITION OF LAND BY CONDEMNATION FOR
MILITARY PURPOSES.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense, when acquiring land for military
purposes, should make every effort to do so by means of
purchases from willing sellers and should employ
condemnation, eminent domain, or seizure procedures only as a
measure of last resort in cases of compelling national
security requirements.
(b) Congressional Notice.--Section 2663(a) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(3) Before using condemnation, eminent domain, or seizure
procedures to acquire any interest in land, including land
for temporary use, under this subsection, the Secretary of
Defense or the Secretary of the military department concerned
shall submit to the congressional defense committees a report
that includes certification
[[Page H2442]]
that the Secretary has made every effort to acquire the
property without use of such procedures, explains the
compelling requirements for the acquisition and why
alternative acquisition strategies, such as purchases of
easements, are inadequate, and describes the property for
which the procedures will be employed. Proceedings may be
brought with respect to the land only after the end of the
14-day period beginning on the date on which the report is
received by the committees or, if over sooner, a period of 10
days elapses from the date on which a copy of the report is
provided in an electronic medium pursuant to section 480 of
this title.''.
Subtitle C--Base Closure and Realignment
SEC. 2831. TREATMENT OF LEASE PROCEEDS FROM MILITARY
INSTALLATIONS APPROVED FOR CLOSURE OR
REALIGNMENT AFTER JANUARY 1, 2005.
Paragraph (5) of section 2667(d) of title 10, United States
Code, is amended to read as follows:
``(5) 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 shall be
deposited--
``(A) into the account established under section 2906(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), if
the installation was approved for closure or realignment
before January 1, 2005; or
``(B) into the account established under section 2906A(a)
of such Act, if the installation was approved for closure or
realignment after January 1, 2005.''.
Subtitle D--Land Conveyances
SEC. 2841. LAND CONVEYANCE, NAVAL AIR STATION, BARBERS POINT,
HAWAII.
(a) Conveyance of Property.--Not later than September 30,
2008, the Secretary of the Navy shall convey, by sale, lease,
or a combination thereof, to any public or private person or
entity outside the Department of Defense certain parcels of
real property, including any improvements thereon, consisting
of approximately 499 acres located at the former Naval Air
Station, Barbers Point, Oahu, Hawaii, that are subject to the
Ford Island Master Development Agreement developed pursuant
to section 2814(a)(2) of title 10, United States Code, for
the purpose of promoting the beneficial development of the
real property.
(b) Use of Existing Authority.--To implement subsection
(a), the Secretary may utilize the special conveyance and
lease authorities provided to the Secretary by subsections
(b) and (c) of section 2814 of title 10, United States Code,
for the purpose of developing or facilitating the development
of Ford Island, Hawaii.
(c) Description of Property.--The exact acreage and legal
description of real property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with a conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2842. 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 ``1,540 acres''.
SEC. 2843. LAND CONVEYANCE, RADFORD ARMY AMMUNITION PLANT,
PULASKI COUNTY, VIRGINIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the Department of Veterans'
Services of the Commonwealth of Virginia (in this section
referred to as the ``Department'') all right, title, and
interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 85 acres at the Radford Army Ammunition Plant
in Pulaski County, Virginia, for the purpose of permitting
the Department to establish and operate a State-run cemetery
for veterans of the Armed Forces.
(b) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the
conveyance specified in such subsection, all right, title,
and interest in and to the property shall revert, at the
option of the Secretary, to the United States, and the United
States shall have the right of immediate entry onto the
property. Any determination of the Secretary under this
subsection shall be made on the record after an opportunity
for a hearing.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
Department 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 Department 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 Department.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund
or account.
(d) Description of Real Property.--The exact acreage and
legal description of the real property to be conveyed under
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.
Subtitle E--Other Matters
SEC. 2851. AVAILABILITY OF COMMUNITY PLANNING ASSISTANCE
RELATING TO ENCROACHMENT OF CIVILIAN
COMMUNITIES ON MILITARY FACILITIES USED FOR
TRAINING BY THE ARMED FORCES.
Section 2391(d)(1) of title 10, United States Code, is
amended by adding at the end the following new sentence:
``For purposes of subsection (b)(1)(D), the term `military
installation' includes a military facility owned and operated
by any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, or the Virgin Islands,
even though the facility is not under the jurisdiction of the
Department of Defense, if the Secretary of Defense determines
that the military facility is subject to significant use for
training by the armed forces.''.
SEC. 2852. PROHIBITIONS AGAINST MAKING CERTAIN MILITARY
AIRFIELDS OR FACILITIES AVAILABLE FOR USE BY
CIVIL AIRCRAFT.
(a) Prohibitions.--The Secretary of the Navy may not enter
into any agreement concerning a military installation
specified in subsection (b) that would--
(1) authorize civil aircraft to regularly use an airfield
or any other property at the installation;
(2) convey any real property at the installation, including
any airfield at the installation, for the purpose of
permitting the use of the property by civil aircraft.
(b) Covered Installations.--The prohibitions in subsection
(a) apply with respect to the following military
installations:
(1) Marine Corps Air Station, Camp Pendleton, California.
(2) Marine Corps Air Station, Miramar, California.
(3) Marine Corps Base, Camp Pendleton, California.
(4) Naval Air Station, North Island, California.
(c) Repeal of Existing Limited Prohibition.--Section 2894
of the Military Construction Authorization Act for Fiscal
Year 1996 (division B of Public Law 104-106; 110 Stat. 592)
is repealed.
SEC. 2853. NAMING HOUSING FACILITY AT FORT CARSON, COLORADO,
IN HONOR OF JOEL HEFLEY, A MEMBER OF THE HOUSE
OF REPRESENTATIVES.
(a) Findings.--Congress makes the following findings:
(1) Representative Joel Hefley was elected to represent
Colorado's 5th Congressional district in 1986 and has served
in the House of Representatives since that time with
distinction, class, integrity, and honor.
(2) Representative Hefley has served on the Committee on
Armed Services of the House of Representatives for 18 years,
including service as Chairman of the Subcommittee on Military
Installations and Facilities from 1995 through 2000 and,
since 2001, as Chairman of the Subcommittee on Readiness.
(3) Representative Hefley's colleagues know him to be a
fair and effective lawmaker who works for the national
interest while never forgetting his Western roots.
(4) Representative Hefley's efforts on the Committee on
Armed Services have been instrumental to the military value
of, and quality of life at, installations in the State of
Colorado, including Fort Carson, Cheyenne Mountain, Peterson
Air Force Base, Schriever Air Force Base, Buckley Air Force
Base, and the United States Air Force Academy.
(5) Representative Hefley was a leader in efforts to retain
and expand Fort Carson as an essential part of the national
defense system during the Defense Base Closure and
Realignment process.
(6) Representative Hefley has consistently advocated for
providing members of the Armed Forces and their families with
quality, safe, and affordable housing and supportive
communities.
(7) Representative Hefley spearheaded the Military Housing
Privatization Initiative to eliminate inadequate housing on
military installations, with the first pilot program located
at Fort Carson.
(8) Representative Hefley's leadership on the Military
Housing Privatization Initiative has allowed for the
privatization of more than 121,000 units of military family
housing, which brought meaningful improvements to living
conditions for thousands of members of the Armed Forces and
their spouses and children at installations throughout the
United States.
(9) It is fitting and proper that an appropriate military
family housing area or structure at Fort Carson be designated
in honor of Representative Hefley, and it is further
appropriate that division B of this Act, which authorizes
funds for fiscal year 2007 for military construction
projects, land acquisition, and family housing projects and
facilities, be designated in honor of Representative Hefley.
(b) Designation.--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''.
[[Page H2443]]
SEC. 2854. NAMING NAVY AND MARINE CORPS RESERVE CENTER AT
ROCK ISLAND, ILLINOIS, IN HONOR OF LANE EVANS,
A MEMBER OF THE HOUSE OF REPRESENTATIVES.
(a) Findings.--Congress makes the following findings:
(1) Representative Lane Evans was elected to the House of
Representatives in 1982 and is now in his 12th term
representing the people of Illinois' 17th Congressional
district.
(2) As a member of the Committee on Armed Services of the
House of Representatives, Representative Evans has worked to
bring common sense priorities to defense spending and
strengthen the military's conventional readiness.
(3) Representative Evans has been a tireless advocate for
military veterans, ensuring that veterans receive the medical
care they need and advocating for individuals suffering from
post-traumatic stress disorder and Gulf War Syndrome.
(4) Representative Evans' efforts to improve the transition
of individuals from military service to the care of the
Department of Veterans Affairs will continue to benefit
generations of veterans long into the future.
(5) Representative Evans is credited with bringing new
services to veterans living in his Congressional district,
including outpatient clinics in the Quad Cities and Quincy
and the Quad-Cities Vet Center.
(6) Representative Evans has worked with local leaders to
promote the Rock Island Arsenal and has seen it win new jobs
and missions through his support.
(7) In honor of his service in the Marine Corps and to his
district and the United States, it is fitting and proper that
the Navy and Marine Corps Reserve Center at Rock Island
Arsenal be named in honor of Representative Evans.
(b) 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.
SEC. 2855. 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 building 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.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Plan for transformation of National Nuclear Security
Administration nuclear weapons complex.
Sec. 3112. Extension of Facilities and Infrastructure Recapitalization
Program.
Sec. 3113. Utilization of contributions to Global Threat Reduction
Initiative.
Sec. 3114. Utilization of contributions to Second Line of Defense
program.
Sec. 3115. Two-year extension of authority for appointment of certain
scientific, engineering, and technical personnel.
Sec. 3116. National Academy of Sciences study of quantification of
margins and uncertainty methodology for assessing and
certifying the safety and reliability of the nuclear
stockpile.
Sec. 3117. Consolidation of counterintelligence programs of Department
of Energy and National Nuclear Security Administration.
Subtitle A--National Security Programs Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2007 for the activities of the National Nuclear
Security Administration in carrying out programs necessary
for national security in the amount of $9,265,811,000 to be
allocated as follows:
(1) For weapons activities, $6,467,889,000.
(2) For defense nuclear nonproliferation activities,
$1,616,213,000.
(3) For naval reactors, $795,133,000.
(4) For the Office of the Administrator for Nuclear
Security, $386,576,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out the
following new plant projects:
(1) For weapons activities:
Project 07-D-140, project engineering and design, various
locations, $4,977,000.
Project 07-D-220, Radioactive Liquid Waste Treatment
Facility upgrade, Los Alamos National Laboratory,
$14,828,000.
Project 07-D-253, TA-1 Heating Systems Modernization,
Facilities and Infrastructure Recapitalization Program,
$14,500,000.
(2) For defense nuclear nonproliferation activities:
Project 07-SC-05, Physical Sciences Facility, Pacific
Northwest National Laboratory, $4,220,000.
(3) For naval reactors:
Project 07-D-190, project engineering and design, Materials
Research Technology Complex, $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
$5,440,312,000.
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 $717,788,000.
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 $388,080,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. PLAN FOR TRANSFORMATION OF NATIONAL NUCLEAR
SECURITY ADMINISTRATION NUCLEAR WEAPONS
COMPLEX.
(a) Plan Required.--Subtitle A of title XLII of the Atomic
Energy Defense Act (division D of Public Law 107-314) is
amended by inserting after section 4213 (50 U.S.C. 2533) the
following new section:
``SEC. 4214. PLAN FOR TRANSFORMATION OF NATIONAL NUCLEAR
SECURITY ADMINISTRATION NUCLEAR WEAPONS
COMPLEX.
``(a) Plan Required.--The Secretary of Energy and the
Secretary of Defense shall develop a plan to transform the
nuclear weapons complex so as to achieve a responsive
infrastructure by 2030. The plan shall be designed to
accomplish the following objectives:
``(1) To maintain the safety, reliability, and security of
the United States nuclear weapons stockpile.
``(2) To continue Stockpile Life Extension Programs that
the Nuclear Weapons Council considers necessary.
``(3) To prepare to produce replacement warheads under the
Reliable Replacement Warhead program at a rate necessary to
meet future stockpile requirements, commencing with a first
production unit in 2012 and achieving steady-state production
using modern manufacturing processes by 2025.
``(4) To eliminate, within the nuclear weapons complex,
duplication of production capability except to the extent
required to ensure the safety, reliability, and security of
the stockpile.
``(5) To maintain the current philosophy within the
national security laboratories of peer review of nuclear
weapons designs while eliminating duplication of laboratory
capabilities except to the extent required to ensure the
safety, reliability, and security of the stockpile.
``(6) To maintain the national security mission, and in
particular the science-based Stockpile Stewardship Program,
as the primary mission of the national security laboratories
while optimizing the work-for-others activities of those
laboratories to support other national security objectives in
fields such as intelligence and homeland security.
``(7) To consolidate to the maximum extent practicable, and
to provide for the ultimate disposition of, special nuclear
material throughout the nuclear weapons complex, with the
ultimate goal of eliminating Category I and II special
nuclear material from the national security laboratories no
later than March 1, 2010, so as to further reduce the
footprint of the nuclear weapons complex, reduce security
costs, and reduce transportation costs for special nuclear
material.
``(8) To employ a risk-based approach to ensure compliance
with Design Basis Threat security requirements.
``(9) To expeditiously dismantle inactive nuclear weapons
to reduce the size of the stockpile to the lowest level
required by the Nuclear Weapons Council.
``(10) To operate the nuclear weapons complex in a more
cost-effective manner.
``(b) Report.--Not later than February 1, 2007, the
Secretary of Energy and Secretary of Defense shall submit to
the congressional defense committees a report on the
transformation plan required by subsection (a). The report
shall address each of the objectives required by subsection
(c) and also include each of the following:
``(1) A comprehensive list of the capabilities, facilities,
and project staffing that the National Nuclear Security
Administration will need to have in place at the nuclear
weapons complex as of 2030 to meet the requirements of the
transformation plan.
``(2) a comprehensive list of the capabilities and
facilities that the National Nuclear Security Administration
currently has in place at the nuclear weapons complex that
will not be needed as of 2030 to meet the requirements of the
transformation plan.
``(3) A plan for implementing the transformation plan,
including a schedule with incremental milestones.
``(c) Consultation.--The Secretary of Energy and the
Secretary of Defense shall develop the
[[Page H2444]]
transformation plan required by subsection (a) in
consultation with the Nuclear Weapons Council.
``(d) Definition.--In this section, the term `national
security laboratory' has the meaning given such term in
section 3281 of the National Nuclear Security Administration
Act (50 U.S.C. 2471).''.
(b) Inclusion in Future-Years Nuclear Security Program.--
Section 3253 of the National Nuclear Security Administration
Act (50 U.S.C. 2453) is amended in subsection (b) by adding
at the end the following new paragraph:
``(5) A statement of proposed budget authority, estimated
expenditures, and proposed appropriations necessary to
support the programs required to implement the plan to
transform the nuclear weapons complex under section 4214 of
the Atomic Energy Defense Act, together with a detailed
description of how the funds identified for each program
element specified pursuant to paragraph (1) in the budget for
the Administration for each fiscal year during that five-
fiscal-year period will help ensure that those programs are
implemented. The statement shall assume year-to-year funding
profiles that account for increases only for projected
inflation.''.
SEC. 3112. EXTENSION OF FACILITIES AND INFRASTRUCTURE
RECAPITALIZATION PROGRAM.
Section 3114 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 50 U.S.C. 2453 note),
as amended by section 3113 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2160), is amended--
(1) in subsection (a)(3)(F), by striking ``2011'' and
inserting ``2013''; and
(2) in subsection (b), by striking ``2011'' and inserting
``2013''.
SEC. 3113. UTILIZATION OF CONTRIBUTIONS TO GLOBAL THREAT
REDUCTION INITIATIVE.
Section 3132 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2166; 50 U.S.C. 2569) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by adding after subsection (e) the following new
subsection:
``(f) Participation by Other Governments and
Organizations.--
``(1) In general.--The Secretary of Energy may, with the
concurrence of the Secretary of State, enter into one or more
agreements with any person (including a foreign government,
international organization, or multinational entity) that the
Secretary of Energy considers appropriate under which the
person contributes funds for purposes of the program under
this section.
``(2) Retention and use of amounts.--The Secretary of
Energy may retain and use amounts contributed under an
agreement under paragraph (1) for purposes of the program
under this section. Amounts so contributed shall be retained
in a separate fund established in the Treasury for such
purposes and shall be available until expended, without
further appropriation, for such purposes.''.
SEC. 3114. UTILIZATION OF CONTRIBUTIONS TO SECOND LINE OF
DEFENSE PROGRAM.
(a) In General.--The Secretary of Energy may, with the
concurrence of the Secretary of State, enter into one or more
agreements with any person (including a foreign government,
international organization, or multinational entity) that the
Secretary of Energy considers appropriate under which the
person contributes funds for purposes of the Second Line of
Defense program of the National Nuclear Security
Administration.
(b) Retention and Use of Amounts.--The Secretary of Energy
may retain and use amounts contributed under an agreement
under subsection (a) for purposes of the Second Line of
Defense program. Amounts so contributed shall be retained in
a separate fund established in the Treasury for such purposes
and shall be available until expended, without further
appropriation, for such purposes.
(c) Termination of Authority.--The authority to accept
contributions under subsection (a) terminates December 31,
2013.
SEC. 3115. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT OF
CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL
PERSONNEL.
Section 4601(c)(1) of the Atomic Energy Defense Act (50
U.S.C. 2701(c)(1)) is amended by striking ``September 30,
2006'' and inserting ``September 30, 2008''.
SEC. 3116. NATIONAL ACADEMY OF SCIENCES STUDY OF
QUANTIFICATION OF MARGINS AND UNCERTAINTY
METHODOLOGY FOR ASSESSING AND CERTIFYING THE
SAFETY AND RELIABILITY OF THE NUCLEAR
STOCKPILE.
(a) Study Required.--The Secretary of Energy shall, as soon
as practicable and no later than 120 days after the date of
the enactment of this Act, enter into an arrangement with the
National Research Council of the National Academy of Sciences
for the Council to carry out a study of the quantification of
margins and uncertainty methodology used by the national
security laboratories for assessing and certifying the safety
and reliability of the nuclear stockpile.
(b) Matters Included.--The study required by subsection (a)
shall evaluate the following:
(1) The use of the quantification of margins and
uncertainty methodology by the national security
laboratories, including underlying assumptions of weapons
performance and the ability of modeling and simulation tools
to predict nuclear explosive package characteristics.
(2) The manner in which that methodology is used to conduct
the annual assessments of the nuclear weapons stockpile.
(3) How the use of that methodology compares and contrasts
between the national security laboratories.
(4) The process by which conflicts between the national
security laboratories in the application of that methodology
are resolved.
(5) An assessment of whether the application of the
quantification of margins and uncertainty used for annual
assessments and certification of the nuclear weapons
stockpile can be applied to the planned Reliable Replacement
Warhead program so as to carry out the objective of that
program to reduce the likelihood of the resumption of
underground testing of nuclear weapons.
(c) Report.--
(1) In general.--Not later than one year after the date on
which the arrangement required by subsection (a) is entered
into, the National Research Council shall submit to the
Secretary of Energy and the congressional committees
specified in paragraph (2), a report on the study that
addresses the matters listed in subsection (b) and any other
matters considered by the National Research Council to be
relevant to the use of the quantification of margins and
uncertainty methodology in assessing the current or future
nuclear weapons stockpile.
(2) Specified committees.--The congressional committees
referred to in paragraph (1) are the following:
(A) The Committee on Armed Services of the Senate.
(B) The Committee on Armed Services of the House of
Representatives.
(d) Provision of Information.--The Secretary of Energy
shall, in a timely manner, make available to the National
Research Council all information that the National Research
Council considers necessary to carry out its responsibilities
under this section.
(e) Funding.--Of the amounts made available to the
Department of Energy pursuant to the authorization of
appropriations in section 3101, $2,000,000 shall be available
only for carrying out the study required by this section.
SEC. 3117. CONSOLIDATION OF COUNTERINTELLIGENCE PROGRAMS OF
DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR
SECURITY ADMINISTRATION.
(a) Transfer of Functions.--The functions, personnel,
funds, assets, and other resources of the Office of Defense
Nuclear Counterintelligence of the National Nuclear Security
Administration are transferred to the Secretary of Energy, to
be administered (except to any extent otherwise directed by
the Secretary) by the Director of the Office of
Counterintelligence of the Department of Energy.
(b) NNSA Counterintelligence Office Abolished.--
(1) In general.--Section 3232 of the National Nuclear
Security Administration Act (50 U.S.C. 3232) is amended--
(A) by amending the heading to read as follows:
``SEC. 3232. OFFICE OF DEFENSE NUCLEAR SECURITY.'';
(B) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Establishment.--There is within the Administration an
Office of Defense Nuclear Security, headed by a Chief
appointed by the Secretary of Energy. The Administrator shall
recommend to the Secretary suitable candidates for such
position.'';
(C) by striking subsection (b); and
(D) by redesignating subsection (c) as subsection (b).
(2) Conforming amendment.--The table of sections at the
beginning of the National Nuclear Security Administration Act
is amended by striking the item relating to section 3232 and
inserting the following new item:
``Sec. 3232. Office of Defense Nuclear Security.''.
(c) Counterintelligence Programs at NNSA Facilities.--
Section 3233 of the National Nuclear Security Administration
Act (50 U.S.C. 2423) is amended--
(1) in each of subsections (a) and (b), by striking ``The
Administrator shall'' and inserting ``The Secretary of Energy
shall''; and
(2) in subsection (b), by striking ``Office of Defense
Nuclear Counterintelligence'' and inserting ``Office of
Counterintelligence of the Department of Energy''.
(d) Status of NNSA Intelligence and Counterintelligence
Personnel.--Section 3220 of the National Nuclear Security
Administration Act (50 U.S.C. 2410) is amended by adding at
the end the following new subsection:
``(e) Status of Intelligence and Counterintelligence
Personnel.--Notwithstanding the restrictions of subsections
(a) and (b), each officer or employee of the Administration,
or of a contractor of the Administration, who is carrying out
activities related to intelligence or counterintelligence
shall, in carrying out those activities, be subject to the
authority, direction, and control of the Secretary of Energy
or the Secretary's delegate.''.
(e) Service From Which DOE Intelligence Director and
Counterintelligence Director Appointed.--Section 215(b)(1)
(42 U.S.C. 7144b(b)(1)) and section 216(b)(1) (42 U.S.C.
7144c(b)(1)) of the Department of Energy Organization Act are
each amended by striking ``which shall be a position in the
Senior Executive Service'' and inserting ``who shall be an
employee in the Senior Executive Service, the Senior
Intelligence Service, the Senior National Intelligence
Service, or any other Service that the Secretary, in
coordination with the Director of National Intelligence,
considers appropriate''.
(f) Intelligence Executive Committee; Budget for
Intelligence and Counterintelligence.--Section 214 of the
Department of Energy Organization Act (42 U.S.C. 7144a) is
amended--
[[Page H2445]]
(1) by inserting ``(a)'' before ``The Secretary shall be
responsible''; and
(2) by adding at the end the following:
``(b)(1) There is within the Department an Intelligence
Executive Committee. The Committee shall consist of the
Deputy Secretary of Energy, who shall chair the Committee,
and each Under Secretary of Energy.
``(2) The Committee shall be staffed by the Director of the
Office of Intelligence and the Director of the Office of
Counterintelligence.
``(3) The Secretary shall use the Committee to assist in
developing and promulgating the counterintelligence and
intelligence policies, requirements, and priorities of the
Department.
``(c) In the budget justification materials submitted to
Congress in support of each budget submitted by the President
to Congress under title 31, United States Code, the amounts
requested for the Department for intelligence functions and
the amounts requested for the Department for
counterintelligence functions shall each be specified in
appropriately classified individual, dedicated program
elements. Within the amounts requested for
counterintelligence functions, the amounts requested for the
National Nuclear Security Administration shall be specified
separately from the amounts requested for other elements of
the Department.''.
(g) Report.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the
Department of Energy shall submit to Congress a report on the
implementation of this section and of the amendments required
by this section. The report shall include the Inspector
General's evaluation of that implementation.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2007, $22,260,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to required receipt objectives for previously
authorized disposals from National Defense Stockpile.
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
2007, the National Defense Stockpile Manager may obligate up
to $52,132,000 of the funds in the National Defense Stockpile
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.
(a) Fiscal Year 1999 Disposal Authority.--Section 3303(a)
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 98d note), as
amended by section 3302 of the Ronald W. Reagan National
Defense Authorization Act for Year 2005 (Public Law 108-375;
118 Stat. 2193) and section 3302 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3545), is amended--
(1) by striking ``and'' at the end of paragraph (5); and
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) $1,365,000,000 by the end of fiscal year 2014.''.
(b) Fiscal Year 1998 Disposal Authority.--Section
3305(a)(5) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 50 U.S.C. 98d note), as
amended by section 3305 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat.
1390), is amended by striking ``2006'' and inserting
``2008''.
(c) Fiscal Year 1997 Disposal Authority.--Section 3303 of
the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201; 50 U.S.C. 98d note), as amended by
section 3402(f) of the National Defense Authorization Act for
Year 2000 (Public Law 106-65; 113 Stat. 973) and section
3304(c) of the National Defense Authorization Act for 2002
(Public Law 107-107; 115 Stat. 1390), is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following new paragraph (2):
``(2) $720,000,000 during the 12-fiscal year period ending
September 30, 2008.''; and
(2) in subsection (b)(2), by striking ``the 10-fiscal year
period'' and inserting ``the period''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $18,810,000 for fiscal year 2007
for the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2007.
Funds are hereby authorized to be appropriated for fiscal
year 2007, to be available without fiscal year limitation if
so provided in appropriations Acts, for the use of the
Department of Transportation for the Maritime Administration
as follows:
(1) For expenses necessary for operations and training
activities, $138,647,000, of which $19,500,000 shall be
available only for paying reimbursement under section 3517 of
the Maritime Security Act of 2003 (46 U.S.C. 53101 note).
(2) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, including provision of
assistance under section 7 of Public Law 92-402, $25,740,000.
SEC. 3502. LIMITATION ON TRANSFER OF MARITIME SECURITY FLEET
OPERATING AGREEMENTS.
Section 53105(e) of title 46, United States Code, is
amended--
(1) by inserting ``(1) In General.--'' before the first
sentence;
(2) by moving paragraph (1) (as designated by the amendment
made by paragraph (1) of this subsection) so as to appear
immediately below the heading for such subsection, and 2 ems
to the right; and
(3) by adding at the end the following:
``(2) Limitation.--The Secretary of Defense may not approve
under paragraph (1) transfer of an operating agreement to a
person that is not a citizen of the United States under
section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802),
unless the Secretary of Defense determines that there is no
person who is a citizen under such section and is interested
in obtaining the operating agreement for a vessel that is
otherwise eligible to be included in the Fleet under section
53102(b).''.
SEC. 3503. APPLICABILITY TO CERTAIN MARITIME ADMINISTRATION
VESSELS OF LIMITATIONS ON OVERHAUL, REPAIR, AND
MAINTENANCE OF VESSELS IN FOREIGN SHIPYARDS.
Section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744) is amended by inserting after subsection
(c) the following:
``(d) Applicability of Limitations on Overhaul, Repair, and
Maintenance in Foreign Shipyards.--
``(1) Application of limitation.--The provisions of section
7310 of title 10, United States Code, shall apply to vessels
specified in subsection (b), and to the Secretary of
Transportation with respect to those vessels, in the same
manner as those provisions apply to vessels specified in
subsection (b) of such section, and to the Secretary of the
Navy, respectively.
``(2) Covered vessels.--Vessels specified in this paragraph
are vessels maintained by the Secretary of Transportation in
support of the Department of Defense, including any vessel
assigned by the Secretary of Transportation to the Ready
Reserve Force that is owned by the United States.''.
SEC. 3504. VESSEL TRANSFER AUTHORITY.
The Secretary of Transportation may transfer or otherwise
make available without reimbursement to any other department
a vessel under the jurisdiction of the Department of
Transportation, upon request by the Secretary of the
department that receives the vessel.
SEC. 3505. UNITED STATES MERCHANT MARINE ACADEMY GRADUATES:
ALTERNATE SERVICE REQUIREMENTS.
(a) Service on Active Duty.--Section 1303(e) of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1295b(e)) is
amended by adding at the end the following:
``(6)(A) An individual who for the 5-year period following
graduation from the Academy, serves as a commissioned officer
on active duty in an armed force of the United States or as a
commissioned officer in the National Oceanic and Atmospheric
Administration shall be excused from the requirements of
subparagraphs (C), (D), and (E) of paragraph (1).
``(B) The Secretary may modify or waive any of the terms
and conditions set forth in paragraph (1) through the
imposition of alternative service requirements.''.
(b) Application.--Paragraph (6) of section 1303(e) of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1295b(e)), as added
by this subsection, applies only to an individual who enrolls
as a cadet at the United States Merchant Marine Academy, and
signs an agreement under section paragraph (1) of that
section, after the date of the enactment of this Act.
SEC. 3506. UNITED STATES MERCHANT MARINE ACADEMY GRADUATES:
SERVICE OBLIGATION PERFORMANCE REPORTING
REQUIREMENT.
(a) In General.--Section 1303(e) of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1295b(e)) is further amended by
adding at the end the following:
``(7)(A) Subject to any otherwise applicable restrictions
on disclosure in section 552a of title 5, United States Code,
the Secretary of Defense or the Secretary of the department
in which the Coast Guard is operating, and the Administrator
of the National Oceanic and Atmospheric Administration--
``(i) shall report the status of obligated service of an
individual graduate of the Academy upon request of the
Secretary; and
``(ii) may, in their discretion, notify the Secretary of
any failure of the graduate to perform
[[Page H2446]]
the graduate's duties, either on active duty or in the Ready
Reserve component of their respective service, or as a
commissioned officer of the National Oceanic and Atmospheric
Administration, respectively.
``(B) A report or notice under subparagraph (A) shall
identify any graduate determined to have failed to comply
with service obligation requirements and provide all required
information as to why such graduate failed to comply.
``(C) Upon receipt of such a report or notice, such
graduate may be considered to be in default of the graduate's
service obligations by the Secretary, and subject to all
remedies the Secretary may have with respect to such a
default.''.
(b) Application.--The amendment made by this section does
not apply with respect to an agreement entered into under
section 1303(e) of the Merchant Marine Act, 1936 (46 U.S.C.
1295b(e)) before the date of the enactment of this Act.
SEC. 3507. TEMPORARY AUTHORITY TO TRANSFER OBSOLETE COMBATANT
VESSELS TO NAVY FOR DISPOSAL.
The Secretary of Transportation shall, subject to the
availability of appropriations and consistent with section
1535 of title 31, United States Code, popularly known as the
Economy Act, transfer to the Secretary of the Navy during
fiscal year 2006 for disposal by the Navy, no fewer than 6
combatant vessels in the nonretention fleet of the Maritime
Administration that are acceptable to the Secretary of the
Navy.
SEC. 3508. TEMPORARY REQUIREMENT TO MAINTAIN READY RESERVE
FORCE.
(a) Report to Congress.--The Secretary of Defense, in
consultation with the Secretary of Transportation, shall
submit to Congress by not later than March 1, 2007, a report
describing a five-year plan for maintaining the capability of
the Ready Reserve Force of the National Defense Reserve Fleet
necessary to support Department of Defense wartime missions
and support to civil authority missions.
(b) Requirement to Maintain the Ready Reserve Force at
Current Strength.--The Secretary of Transportation shall
maintain 58 vessels in the Ready Reserve Force of the
National Defense Reserve Fleet until the end of the 45-day
period beginning on the date the report required under
subsection (a) is submitted to Congress.
The Acting CHAIRMAN. No amendment to the committee amendment is in
order except those printed in House Report 109-459. Each amendment may
be offered only in the order printed in the report, by a Member
designated in the report, shall be considered read, shall be debatable
for the time specified in the report, equally divided and controlled by
the proponent and an opponent, shall not be subject to an amendment,
and shall not be subject to a demand for division of the question.
Amendment No. 1 Offered by Mr. Hunter
Mr. HUNTER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 printed in House Report 109-459 offered by
Mr. Hunter:
At the end of subtitle B of title I (page 22, after line
21), insert the following new section:
SEC. 115. FUNDING FOR CALL FOR FIRE TRAINER/JOINT FIRES AND
EFFECTS TRAINER SYSTEM.
(a) In General.--The amount provided in section 101(5) for
Other Procurement, Army, is hereby increased by $4,000,000,
to be available for a Call for Fire Trainer II/Joint Fires
and Effects Trainer System (JFETS) under Line 161 Training
Devices, Nonsystem (NA0100).
(b) Offset.--The amount provided in section 201(1) for
Research, Development, Test, and Evaluation, Army, is hereby
reduced by $4,000,000, to be derived from the Joint Tactical
Radio System account (Program Element 0604280A).
At the end of title I (page 40, after line 23), insert the
following new section:
SEC. 1__. AIR FORCE PROGRAM.
(a) Science Engineering Lab Data Integration.--The amount
provided in section 103 for Other Procurement, Air Force, is
hereby increased by $6,000,000, to be available for Science
Engineering Lab Data Integration (SELDI) at the Ogden Air
Logistics Center, Utah.
(b) Offset.--The amount provided in section 201(4) for
Research, Development, Test, and Evaluation, Defense-wide, is
hereby reduced by $6,000,000, to be derived from Information
and Communications Technology (Program Element 0602301E).
At the end of section 346 (page 98, after line 11) insert
the following new subsection:
(e) Exception for Non-Line-of-sight Cannon System.--This
section does not apply with respect to the obligation of
funds for systems development and demonstration of the non-
line-of-sight cannon system.
At the end of subtitle D of title VI (page 229, after line
16), insert the following new section:
SEC. 6XX. STUDY ON RETENTION OF MEMBERS OF THE ARMED FORCES
WITHIN SPECIAL OPERATIONS COMMAND.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report on
means to improve retention of members of the Armed Forces who
have a special operations forces designation. The report
shall include the following:
(1) The effect on retention of such members if special pays
were included in the computation of retired pay for those
members with a minimum of 48 months of Hostile Fire Pay
(consecutive or nonconsecutive) at the time of retirement.
(2) Information on the cost of training of members of the
Armed Forces who have a special operations forces
designation, with such information displayed separately for
each such designation and shown as aggregate costs of
training for such members at the 4-year, 8-year, 12-year, 16-
year, and 20-year points of service.
(3) A statement, in the case of members of the Armed Forces
with a special operations forces designation who have been
deployed at least twice, of the average amount spent on
special operations unique training, both predeployment and
during deployment.
(4) For each component of the United States Special
Operations Command, an estimate of when the assigned strength
of that component will be not less than 90 percent of the
authorized strength of that component, taking into account
anticipated growth that is mentioned in the most recent
Quadrennial Defense Review.
(5) The average amount of time a member of the Armed Forces
with a special operations forces designation is deployed to
areas that warrant Hostile Fire Pay.
(6) The percentage of members of the Armed Forces with a
special operations forces designation who have accumulated
over 48 months of Hostile Fire Pay and the percentage who
have accumulated over 60 months of such pay.
Strike section 662 (page 235, line 20, through page 236,
line 18) and insert the following new section:
SEC. 662. PILOT PROJECT FOR PROVISION OF GOLF CARTS
ACCESSIBLE FOR DISABLED PERSONS AT MILITARY
GOLF COURSES.
(a) Pilot Project Required.--The Secretary of Defense shall
conduct a pilot project at a significant number of military
golf courses, to be selected by the Secretary, for the
purpose of developing--
(1) an implementation strategy to make available, as soon
as practicable at all military golf courses in the United
States, an adequate supply of golf carts that are accessible
for disabled persons authorized to use such courses; and
(2) a Department-wide campaign to increase the awareness
among such disabled persons of the availability of accessible
golf carts and to promote the use of military golf courses by
such disabled persons.
(b) Required Number of Accessible Golf Carts.-- The
Secretary shall provide at least two accessible golf carts at
each pilot project location.
(c) Pilot Project Locations.--The military golf courses
selected to participate in the pilot project shall be
geographically dispersed, except that at least one of the
military golf courses shall be in the Washington metropolitan
area. The Secretary may not select a military golf course to
participate in the pilot project if that military golf course
already has golf carts that are accessible for disabled
persons.
(d) Department of Defense Health Care Awareness.--Military
medical treatment facilities shall provide information to
patients about the pilot project and the availability of
accessible golf carts at military golf courses participating
in the pilot project and at other military golf courses that
already provide accessible golf carts.
(e) Duration.--The Secretary shall conduct the pilot
project for a minimum of one year.
(f) Report Required.--Not later than 180 days after the
conclusion of the pilot project, the Secretary shall submit a
report to Congress containing the results of the project and
the recommendations of the Secretary regarding how to make an
adequate supply of accessible golf carts available at all
military golf courses in the United States.
Page 241, line 6, strike ``December 31, 2007'' and insert
``October 1, 2007''.
Page 249, line 12, strike ``Section'' and insert
``Effective October 1, 2007, section''.
Page 249, line 14, strike ``The'' and insert ``Effective
October 1, 2007, the''.
At the end of subtitle D of title XXVIII (page 504, after
line 7), insert the following new section:
SEC. 28__. LAND CONVEYANCE, NORTH HILLS ARMY RESERVE CENTER,
ALLISON PARK, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey to the North Allegheny School District (in this
section referred to as the ``School District'') all right,
title, and interest of the United States in and to a parcel
of real property consisting of approximately 11.15 acres and
containing the North Hills Army Reserve Center in Allison
Park, Pennsylvania, for the purpose of permitting the School
District to use the property for educational and recreational
purposes and for parking facilities related thereto.
(b) Consideration.--The Secretary may waive any requirement
for consideration in connection with the conveyance under
subsection (a) if the Secretary determines that, were the
conveyance of the property to be made under subchapter III of
chapter 5 of title 40, United States Code, for the same
[[Page H2447]]
purpose specified in subsection (a), the conveyance could be
made without consideration.
(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 purposes of the
conveyance specified in such subsection, all right, title,
and interest in and to all or any portion of the property
shall revert, at the option of the Secretary, to the United
States, and the United States shall have the right of
immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
School District to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred
by the 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
School District in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the School District.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary.
(f) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
Strike sections 2853, 2854, and 2855 (page 506, line 1,
through page 510, line 16).
The Acting CHAIRMAN. Pursuant to House Resolution 806, the gentleman
from California (Mr. Hunter) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. HUNTER. Mr. Chairman, this is a manager's amendment that has been
worked out with both sides. And briefly, Mr. Chairman, this adds a
section to add $4 million for the call of the fire trainer/joint fires
and effects trainer with an offset of $4 million from the Joint
Tactical Radio System.
It adds a section to add $6 million to the Air Force Science
Engineering Lab Data Integration with an offset of $6 million from IT,
PE 0602301E.
It adds an exception for the non-line-of-sight cannon system from the
requirement in section 346, subsection C.
It adds a section requiring the Secretary of Defense to submit a
report on means to improve retention of members of the Special
Operations Forces.
It strikes and replaces section 662 requiring the Secretary of
Defense to conduct a pilot project for disabled persons accessible golf
carts at military golf courses that allows our disabled personnel and
wounded personnel to be able to participate in golf.
It incorporates a technical correction to the TRICARE effective dates
in section 704 and 709 of the bill. It adds a section conveying Army
Reserve Center land in Allison Park, Pennsylvania, to the local school
districts; and it strikes sections 2853, 2854, 2855.
Mr. Chairman, I reserve the balance of my time.
Mr. ANDREWS. Mr. Chairman, even though we are not in opposition, I
ask unanimous consent to claim the time.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. ANDREWS. Mr. Chairman, I yield back the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Hunter).
The amendment was agreed to.
Amendment No. 2 Offered by Mr. Andrews
Mr. ANDREWS. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 printed in House Report 109-459 offered by
Mr. Andrews:
In section 312, insert after subsection (d) (page 63, after
line 9) the following new subsection (e) (and redesignate
existing subsection (e) as subsection (f)):
(e) Epidemiological Study on Human Populations.--The
Secretary shall conduct an epidemiological study on human
populations in the vicinity of military munitions disposal
sites within covered United States ocean waters for the
purpose of determining whether people have been affected by
the presence of military munitions in these waters. The
Secretary shall include the results of the study in the
report referred to in subsection (a)(4).
The Acting CHAIRMAN. Pursuant to House Resolution 806, the gentleman
from New Jersey (Mr. Andrews) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. ANDREWS. Mr. Chairman, it surprised me to know, a little over a
year ago to find that rather significant quantities of chemical weapons
and the residue of chemical weapons had been dumped off the Atlantic
coast at 19 different sites.
Now, it is important to understand that this dumping took place
before an international treaty prohibited such dumping, so the United
States was not in violation of any of its international obligations.
And it is important to understand that much of this dumping took place
at a time when our own Federal and State laws were either lax or
nonexistent with respect to the handling of such materials.
The purpose of my amendment is most definitely not to point out any
wrongdoing by the Department of Defense or the services. However, it is
the purpose of my amendment to do something about the problem and
finding out about the scope of the problem. We are talking here about
arsenic, mustard gas, other very serious and very lethal substances
which have been disposed of off of our coast over a period which dates
back as far as World War I and went into the early part of the 1970s.
Now, what to do about this question requires a calm, factual
analysis. Frankly, there would be one reaction that would say, well, we
should just go find where the stuff is and dig it up and do something
with it. I am not an expert in this field, but I am enough of an expert
to know that that kind of hasty reaction might do a lot more harm than
good. So the bill already contains some extensive reporting
requirements which requires the Department of Defense to tell us where
such dump sites are, how long these various chemical weapons and
residues have been there.
My amendment adds one more requirement. It calls for the Department
of Defense to do an epidemiological study of the impact, if any, on
human health that has resulted from the disposal of these weapons over
the years. The amendment does not prescribe a particular method of the
study. It does not limit or expand any of the areas of inquiry.
It says to the Department of Defense, use your best scientific
judgment and produce for us epidemiological studies that will answer
the question as to whether there has been any measurable adverse impact
on human health as a result of these dumping practices that took place
from the early part of the 20th century until the 1970s.
The purpose of this study would then be to give us the facts that we
need to determine the best course of action to protect human health.
Now, that may be to simply leave the status quo as it is. It may be
to enact some measures that would preclude people from going to these
areas of the sea. It may necessitate some removal. I think it is very
important though that we approach this problem based upon the best
scientific evidence of the impact on human health and not based upon
any reaction that is based upon fear or ignorance.
So I would ask that the Members of the House support this amendment
so that we may get these facts in front of us and deal with disposing
of any threat to humanity that may exist.
{time} 1545
Madam Chairman, I reserve the balance of my time.
Mr. WILSON of South Carolina. Madam Chairman, although I am not
opposed to the amendment, I request unanimous consent to claim the time
in opposition.
[[Page H2448]]
The Acting CHAIRMAN (Mrs. Biggert). Without objection, the gentleman
is recognized for 5 minutes.
There was no objection.
Mr. WILSON of South Carolina. I am very happy to join with my
colleague from New Jersey, and I share the same surprise as he that the
accepted means of disposal of military munitions was to dump them off
the coast.
I appreciate your efforts. I appreciate the efforts of our colleague,
Congressman Abercrombie of Hawaii, to raise this issue. I know
personally that I had the privilege of growing up in Charleston, South
Carolina, right on the coast. I now represent many beautiful and
pristine communities along the south Atlantic coast.
These are areas crucial for homebuilding, which is the basis of our
society. I want to do all I can to promote the homebuilding industry,
the ability of people from New Jersey in particular to come down and
visit some very beautiful resort areas of South Carolina.
Mr. ANDREWS. If the gentleman would yield, I would actually prefer
that he rephrase that so that the South Carolinians visit the New
Jersey coast, which is obviously a superior vacation spot.
Mr. WILSON of South Carolina. We can share this together, because I
have visited the shores of New Jersey and I invite you to visit the
beaches of South Carolina. This is so important.
In addition, I would like to point out that what you are proposing
indeed would provide valuable information concerning the situation of
military munitions disposal. It is really reassuring to know now how we
have modern disposal methods.
My oldest son served for a year in Iraq. He had been trained for
munitions collection and ultimate destruction of munitions. It is done
now, obviously, with the intent of protecting the environment of the
country in which they are located and to protect our troops, protect
American families.
Madam Chairman, I yield back the balance of my time.
Mr. ANDREWS. Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. All time having expired, the question is on the
amendment offered by the gentleman from New Jersey (Mr. Andrews).
The amendment was agreed to.
Amendment No. 3 Offered by Mr. Andrews
Mr. ANDREWS. Madam Chairman, on behalf of my friend from California,
I offer her amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 printed in House Report 109-459 offered by
Mr. Andrews:
Add at the end of title VII the following new section:
SEC. 7__. LIMITING RESTRICTION OF USE OF DEPARTMENT OF
DEFENSE MEDICAL FACILITIES TO PERFORM ABORTIONS
TO FACILITIES IN THE UNITED STATES.
Section 1093(b) of title 10, United States Code, is
amended by inserting ``in the United States'' after
``Defense''.
The Acting CHAIRMAN. Pursuant to House Resolution 806, the gentleman
from New Jersey (Mr. Andrews) and the gentleman from Kansas (Mr. Ryun)
each will control 10 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. ANDREWS. Madam Chairman, I yield as much time as she should
consume to the author of the amendment, my friend from California.
Mrs. DAVIS of California. Madam Chairman, in his first appearance as
our Commander in Chief, President Bush told servicemembers at Fort
Stewart, you deserve a military that treats you and your families with
respect. Well, I couldn't agree more.
Today we are considering how the defense bill can demonstrate our
respect for the people who serve in uniform by providing for their
equipment, their training and their well-being. Together with my
colleagues today, I am offering an amendment to lift the current ban on
abortion services in overseas military hospitals.
Under current law, women serving our country overseas have to return
home to the U.S. for medical services after obtaining permission from
their commanding officer and finding space on military transport. Their
only other option is venturing out to a hospital in a foreign country.
Madam Chair, I believe we can do better. I would just like to clarify
a few points about this amendment. No Federal funds would be used for
those procedures. Women would use their own funds, and that would
include overhead costs as well, for overhead costs. This amendment
affects only U.S. military facilities overseas in countries where
abortion is legal, and it also observes the refusal clauses and will
not force providers to perform abortions.
Madam Chair, women serving in uniform are fighting to protect our
freedom and our rights. Yet these women do not receive the protection
of the Constitution they so ably defend. Even for those who don't
require this service, the presence of this ban sends a demoralizing
message. I believe we can do better.
Today, I have heard Chairman Hunter and certainly Mr. McHugh and
others who have spoken so eloquently about how this bill incorporates
important military personnel issues. I support this bill, and I support
the work that went into it. I support the compassion and the passion of
my colleagues on the House Armed Services Committee.
But I do believe, Madam Chair, that if we don't lift this ban we
continue to make women serving in uniform, who face the intimate, most
personal issue, we continue to make these women invisible to us.
Madam Chair, I reserve the balance of my time and look forward to my
colleagues' comments.
The Acting CHAIRMAN. Without objection, the gentlewoman from
California (Mrs. Davis) will control the time in favor of the
amendment.
There was no objection.
Mr. RYUN of Kansas. Madam Chairman, I yield myself such time as I may
consume.
Madam Chairman, I strongly oppose this amendment. Allowing self-
funded abortions would simply turn our military hospitals overseas into
abortion clinics.
Proponents of this amendment often claim that female servicemembers
and dependents overseas are denied equal access to health care,
effectively putting their life and health in harm's way. This is simply
not true. If a woman chooses to have an abortion, abortion clinics are
accessible overseas. If a woman prefers to have an abortion in the
United States, that is available to her under current law as well.
Furthermore, these installations already offer self-funded abortions
when the life of the mother is in danger or when the pregnancy is as a
result of rape or incest.
There is no demonstrated need for expanding abortion access.
Furthermore, this amendment does not seek to address operational
requirements or to ensure access through entitlement. What it does,
however, is unnecessarily insert a politically divisive issue into the
defense authorization process.
Although this amendment is presented as providing for solely self-
funded abortions, the fact is that American taxpayers will be forced to
pay for the use of military facilities, the procurement of additional
equipment needed to perform abortions, and the use of military
personnel to perform abortions. Even if an additional equipment fee is
charged to the patient, it cannot possibly account for all the expenses
involved.
Military hospitals or military doctors signed up to save the lives of
dedicated servicemen and women, not to end the lives of babies. It
would be wrong for Congress to pressure or coerce these doctors into
performing a procedure they morally object to.
I ask my colleagues to vote against turning military hospitals into
abortion clinics and vote against this amendment.
Madam Chairman, I reserve the balance of my time.
Mrs. DAVIS of California. Madam Chairman, I yield 2 minutes to the
gentlewoman from California (Ms. Harman).
Ms. HARMAN. I thank the gentlewoman for yielding.
Madam Chair, I was proud to serve on the Armed Services Committee for
6 years. I have supported this amendment since I first offered it in
1997. I salute my California sisters, Mrs. Davis and Ms. Sanchez, who
have ably taken up the cause.
[[Page H2449]]
I became a grandmother for the first time this year. I surely hope
that before my granddaughter is old enough to serve in the military
this amendment will become law.
Madam Chair, over 200,000 women serve in the U.S. military and
approximately 12,000 currently serve in Iraq and Afghanistan. These
women are flying helicopters and fighter aircraft. They are driving
support vehicles, patrolling bomb ridden highways and shouldering
weapons. They serve as an example and an inspiration to the women they
meet around the world, and they break down stereotypes held by many
men. Yet in some critical ways, women in the military are treated as
second class citizens by their own government.
Under current law a servicewoman stationed abroad cannot obtain a
safe, legal procedure to terminate a pregnancy in a U.S. military
health facility. Instead, she must either take medical leave to return
to the U.S. or gamble with a foreign hospital and face the prospect of
language barriers, unfamiliar cultural expectations and vastly
different standards of medical care. This is wrong.
Let me be perfectly clear. The amendment does not force military
doctors to perform abortions, nor does it require any taxpayer dollars.
What it does, however, is give servicewomen and female military
dependents stationed abroad the same constitutional rights as women
living here.
When an individual puts on the uniform of the U.S. Armed Forces, she
or he accepts the profound responsibility of defending our Nation and
protecting our cherished freedoms. A woman who puts her life on the
line to defend the fundamental rights of all Americans should not be
deprived of her own fundamental right to choose. Vote for the Davis-
Harman-Sanchez amendment.
Mr. RYUN of Kansas. Madam Chairman, I yield 1 minute to the gentleman
from Georgia (Mr. Gingrey).
Mr. GINGREY. Madam - ?? Chairman, I rise today in opposition to the
Davis amendment, which authorizes military doctors to perform abortions
at military overseas hospitals. This policy was rejected every year for
the last 10 years, and I look forward once more to voting against it.
Current law was signed by President Clinton in 1996 and bans the use
of military facilities for abortions except in the case of incest, rape
or where the life of the mother is at risk.
Rest assured, women in the military do have access to the elective
medical procedures they want. Therefore, this debate is not about a
woman's right to obtain treatment. This debate is about maintaining the
principal mission of military medical centers to heal and to protect
human life.
Madam Chair, this amendment overturns this mission and turns these
facilities into abortion clinics at the American taxpayer's expense.
I, for one, will not support the use of Federal funds or military
hospitals to promote or to perform abortions.
Mrs. DAVIS of California. Madam Chairman, I yield 1 minute to the
gentlewoman from California (Ms. Lee).
Ms. LEE. I want to thank the gentlewoman for yielding and for her
leadership. I rise in strong support of this amendment.
It would lift the ban on privately funded abortion care at overseas
military bases where abortion is legal. Currently servicewomen or women
military dependents are forbidden from using their own personal funds
to obtain an abortion if they are stationed overseas.
Enacting this amendment will put an end to this discriminatory policy
against the 350,000 women in our military who are serving our country
each and every day. We must ensure that servicewomen overseas are
guaranteed their legal right to access comprehensive health care
services. We must demand that servicewomen overseas can obtain the same
quality and range of medical care available to them in the United
States.
We must protect those who risk their lives each and every day to
protect their country. Let us reject this administration's ongoing
politically motivated war on women and let's start by adopting this
important commonsense amendment.
I urge my colleagues to vote ``yes'' on the Davis-Harman-Sanchez
amendment and provide our servicewomen with access to their
constitutionally protected right to choose.
Mr. RYUN of Kansas. Madam Chair, I yield 1\1/2\ minutes to the
gentlewoman from North Carolina (Ms. Foxx).
Ms. FOXX. I thank the gentleman from Kansas.
Madam Chairman, I rise in strong opposition to the Davis amendment.
Military treatment centers, which are dedicated to healing, nurturing
and saving lives, should not be forced into the business of ending
lives. This amendment, plain and simple, turns these facilities into
abortion clinics by repealing a prolife provision, a prolife provision
which was signed into law by President Clinton as part of the National
Defense Authorization Act in 1996.
This amendment contradicts fundamental U.S. military values such as
honor, courage and taking responsibility for one's own actions. We
believe that life begins at conception and that it is sacred. As
Members of Congress, we should do all we can to protect life. That is
what our military hospitals are doing.
Instead, while we stand here today, opportunist pro-abortion Members
are once again belittling and devaluing the sanctity of human life. If
this inappropriate amendment were adopted, not only would taxpayers'
hard-earned dollars be used to perform abortions on demand on our
military bases, but our military medical personnel would be forced to
perform abortions against their will.
{time} 1600
Instead of equipping our armed services personnel with the tools
needed to operate and treat wounded or ill troops and defend America,
this amendment would mandate that our military personnel perform
abortions and kill human fetuses. This is unacceptable.
This amendment must be rejected today, just as it has been in the
past five Congresses. I urge my colleagues to join me in protecting
human life by voting against the Davis amendment.
Mrs. DAVIS of California. Madam Chairman, I yield 1 minute to the
gentlewoman from Florida (Ms. Wasserman Schultz).
Ms. WASSERMAN SCHULTZ. Madam Chairman, American women have a
constitutional right to choice as guaranteed by the right to privacy.
However, our servicewomen and the wives and daughters of our
servicemembers are denied this basic right when stationed at military
installations overseas. This amendment guarantees that women who
selflessly pledge to defend our Constitution at all costs are afforded
the same rights that they fight to uphold.
Current law allows women stationed overseas to access abortion
services on a military base only after an act of rape or incest or when
her life is in danger. It is bad enough that victims of rape or incest
have to pay for these procedures out of their own pocket. But as
American women, it is unconscionable that they cannot access the same
safe, clean and legal reproductive services available to women here the
United States, even if they are paying for it themselves.
Are we really asking these brave and noble women, who are ready to
make the ultimate sacrifice, to relinquish the same rights that they
fight so valiantly to uphold and defend?
I encourage my colleagues to stand with our servicewomen as they put
their lives on the line. Lift the ban on privately funded abortions and
support this amendment.
Mr. RYUN of Kansas. Mr. Chairman, I yield 1\1/2\ minutes to the
gentlewoman from Michigan (Mrs. Miller).
Mrs. MILLER of Michigan. Mr. Chairman, I thank the gentleman for
yielding.
Mr. Chairman, I rise today in very strong opposition to this
amendment. I voted against this amendment in the House Armed Services
Committee just last week where it was overwhelmingly defeated, and I
intend to vote against it today as well.
The health care professionals who serve our brave men and women in
uniform in the military health system are dedicated to preserving life,
and I have visited many military hospitals and witnessed the heroic
efforts to preserve the lives of those wounded in battle, and we honor
their service, we honor their dedication.
[[Page H2450]]
This amendment would allow these great lifesaving medical facilities
to be used as abortion clinics, and abortion is not the mission of the
military health system. The mission is to save lives, not destroy
innocent human lives.
Mr. Chairman, I applaud the great service and the sacrifice of the
dedicated health care professionals serving our military. These men and
women face great challenges in healing those who have been wounded in
battle, and through their efforts we have seen dramatic drops in the
number of troops who die from these wounds. Their efforts have truly
been heroic.
Let them continue to focus on saving the lives of our men and women
in uniform, and not taking the most innocent of human lives.
I urge my colleagues to defeat this amendment.
Mrs. DAVIS of California. Mr. Chairman, I yield 1 minute to the
gentleman from Connecticut (Mr. Shays).
Mr. SHAYS. Mr. Chairman, I rise in support of the Davis amendment
which would lift the ban on personally funded abortion care provided at
overseas military bases.
Since over 200,000 women serve overseas in military bases and are
denied the right under Roe v. Wade to terminate a pregnancy, we need
this legislation. This legislation would restore the right of a female
service member who has been stationed overseas to use their own funds
to obtain an abortion as they would be able to do if they were back
home.
I urge adoption of this amendment. And I speak adamantly against our
present policy that while allowing women who have been raped or been
impregnated by a family member or whose life is in danger because of an
unhealthy pregnancy to have an abortion, they have to pay for it
themselves. That is wrong.
While we are not addressing this issue today at least we can move
forward with the Davis amendment.
Mr. RYUN of Kansas. Mr. Chairman, I yield 2 minutes to the gentleman
from Arizona (Mr. Renzi).
Mr. RENZI. Mr. Chairman, I thank the gentleman from Kansas for his
leadership on this issue.
First and foremost, I stand against this amendment because it
authorizes the destruction of innocent human life, the most innocent,
the most defenseless, the voiceless in our society.
We talk about the fact that the cost will be provided by a private
individual. Not true. This authorizes prolife Americans to have to
underwrite the cost of building the facilities, training the
physicians, training the nurses, equipping the facilities. Underwriting
the cost will be borne by prolife Americans.
Requiring military hospitals to perform elective abortions exposes
the physicians, the nurses, the military personnel to move against
their own personal convictions of life in many cases. Imagine a full
colonel directing, giving military orders, to a young major who is
prolife, a prolife doctor who is a major, giving him military orders to
perform an abortion. His military career would be over.
The Most Reverend Edwin O'Brien, Archbishop for Military Services,
said, ``Military hospitals have an outstanding record of saving life
even in the most challenging times and conditions. Their commitment
extends to the smallest of human beings. Please allow them to continue
abiding by these values.''
I stand by those Americans, those prolife Americans, who do not want
to underwrite and have our prolife dollars going to military hospitals.
I stand by those prolife doctors and nurses who don't want to be given
military orders to perform an abortion.
Mrs. DAVIS of California. Mr. Chairman, I yield 1 minute to the
gentlewoman from New York (Mrs. Maloney).
Mrs. MALONEY. Mr. Chairman, I thank the gentlewoman for yielding.
Mr. Chairman, I rise in strong support of this amendment. This
amendment is about treating the women who serve our country in the
United States military fairly and with respect.
Current law forbids female military personnel from obtaining
abortions using their own funds from overseas military hospitals. This
amendment allows U.S. servicewomen access to reproductive health care
abroad, just as they would receive at home.
A male member of the armed services needing medical attention
receives the best, and all his medical needs are covered. But a female
member needing a specific medical procedure must return to the United
States, often at great expense, or go to a foreign hospital, which may
be unsanitary and dangerous. This is absolutely wrong and unfair.
No taxpayer money would be used to fund any abortions. The
servicewomen themselves would pay for their own care. The amendment
would simply lift the ban on privately funded abortion care in U.S.
military hospitals.
Right now, many women are overseas protecting our constitutional
rights. We should protect their constitutional rights by passing this
amendment.
Mr. RYUN of Kansas. Mr. Chairman, at this time, I am pleased to yield
1 minute to the gentleman from Nebraska (Mr. Fortenberry).
Mr. FORTENBERRY. Mr. Chairman, thank you for this opportunity to join
my colleagues in challenging this amendment which has been defeated by
the full House for 10 consecutive years.
The core purpose of our military hospitals is to care for servicemen
and women, particularly those who are wounded in the line of duty
defending our country.
U.S. taxpayers should not be forced by the government to have their
hard-earned funds used for the taking of innocent human lives. They
should continue to have the free choice to say ``no'' to funding
abortions.
The U.S. military health care facilities overseas witness more than
their fair share of violence. Military health care personnel understand
that the Hippocratic Oath is a solemn commitment to heal and nurture
life. Let's not abandon this legacy and force our constituents to foot
the bill.
Women deserve better than abortion. As a people, we should strive to
be a just and loving society that does not abandon persons to the
choice for abortion, particularly at taxpayer expense, but helps women
even through the most difficult circumstances.
Mrs. DAVIS of California. Mr. Chairman, I have one more speaker and
will close. I reserve the balance of my time.
Mr. RYUN of Kansas. Mr. Chairman, I yield 1 minute to the gentleman
from Arizona (Mr. Franks).
Mr. FRANKS of Arizona. Mr. Chairman, first and foremost, America is
an ideal, and that ideal is that all of us are created equal and
endowed by our Creator with certain inalienable rights, and the first
one of those is the right to live. Our men and women across the
centuries have fought and died to uphold that ideal.
Now, suddenly, to turn the hospitals that we set forth to deal with
their needs overseas into abortion clinics abrogates everything that
they fought and died for. It is an undermining of everything that
America is.
Our foundation is to be able to look to people across the world and
say that in America, life, liberty and the pursuit of happiness, life,
liberty and property, these basic rights are something that we will
protect.
I hear the other side often using terms like ``safe,'' ``legal,''
``clean,'' but it ignores one absolute reality, and that is that every
time an abortion takes place, a nameless little baby dies a lonely,
tragic death, a mother is never the same, and everything that child
might have brought to humanity is lost forever.
God help us not to turn our military hospitals into abortion clinics,
and to stain the very foundations of this Nation with the blood of our
own children.
Mrs. DAVIS of California. Mr. Chairman, I yield 1 minute to the
gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I will be happy to yield back
some of that time to the distinguished proponent of this amendment. I
thank her for her leadership, and the leadership of Ms. Harman and Ms.
Sanchez.
Mr. Chairman, I simply want to say that this is a question certainly
of the flag and the Declaration of Independence and the rights of all
Americans. But what it says is that the men and women of the United
States military have equality, the equal rights to good health care and
health procedures all over the world, wherever they serve.
This is a good amendment. I associate myself with this amendment, and
[[Page H2451]]
I ask that you vote for the men and women of the United States military
and allow this amendment by Mrs. Davis, Ms. Harman, Ms. Sanchez, to
support the women of the United States military to have equal access to
good health care and to be able to secure appropriate procedures
regarding their female surgical needs at overseer military facilities.
Mr. RYUN of Kansas. Mr. Chairman, I yield the balance of my time from
this side to the gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Chairman, I thank my friend for
yielding.
Mr. Chairman, the Davis amendment seeks to turn our military
hospitals into abortion mills. With all due respect to my friend and
colleague from California, the amendment will result in babies being
brutally killed by abortion, and women will be harmed and prolife
Americans will be forced to facilitate and subsidize the slaughter of
innocent children.
Abortion is violence against children, Mr. Chairman, and it harms
women. Some methods including dismembering and ripping apart the
fragile bodies of these children. Other methods include chemical
poison. RU-486, a baby pesticide that was rushed to approval by the
Clinton administration bypassing safety protocals along the way isn't
just lethal to babies; it kills women as well. It is poison. Several
women have died after taking RU-486.
Mr. Chairman, one of the methods depicted to my left is the D&E
method. It is a common later-term method of abortion in which the arms
and the legs and the torso of the baby are painfully hacked into
pieces. The Davis amendment, make no mistake about it, would authorize
this kind of child abuse.
Mr. Chairman, we can't allow that to happen. We can't kill babies
like this. With all due respect to my friend, this is child abuse and
it harms women. Vote against the Davis amendment.
Mr. Chairman, I thank my friend for yielding me time, and I thank him
for his affirming the inherent value and dignity of both mothers and
children.
Mr. Chairman, 90 percent of the hospitals in the United States today
refuse to abort unborn children, and the trend is for hospitals to
divest themselves of this violence against children.
Yet as hospitals in our country repudiate abortion, because abortion
kills, the Davis amendment seeks to turn our overseas military
hospitals into abortion mills. With all due respect to the gentlewoman
from California, the amendment she offers will result in babies being
brutally killed by abortion. It will harm women, and it will force pro-
life Americans to facilitate and subsidize the slaughter of innocent
children.
Abortion is violence against children and it harms women. Some
methods of abortion dismember and rip apart the fragile little bodies
of children. Other methods chemically poison kids. RU-486--a baby
pesticide that was rushed to FDA approval by the Clinton Administration
by waiving numerous safety protocols including the use of Subchapter
H--isn't just lethal to babies, but has killed several women. It is
poison. Abortion has turned children's bodies into burned corpses, the
direct result of the caustic effect of the chemicals.
Now we know as well, Mr. Chairman, from science and from medicine
that due to the nerve cell development, unborn children from at least
20 weeks onward, and most likely even earlier, feel excruciating pain.
They feel pain, two to four times more pain than you and I would feel
from the same assault. So abortion mills aren't just child killing
mills--but they are torture chambers as well.
One of those methods depicted to my left on this poster board, the D
and E method, it is a common, later-term method of abortion, in which
the arms and the legs and the torso are painfully hacked into pieces.
The Davis amendment would authorize this child abuse in military
hospitals. We can't let that happen.
Finally, Mr. Speaker, Dr. Alveda King, niece of the late Dr. Martin
Luther King, has said, ``How can the dream survive if we murder the
children?''
Dr. King, who has had two abortions herself, but is now pro-life and
bravely speaks out, says, ``We can no longer sit idly by and allow this
horrible spirit of murder to cut down and cut away our unborn. This is
the day to choose life.'' Dr. King goes on to say, ``We must allow our
babies to live. If the dream of Dr. Martin Luther King is to live, our
babies must live.''
There is nothing benign or nurturing or curing about abortion. It is
violence against children. It dismembers them. It chemically poisons
them.
Vote down the Davis amendment.
Mrs. DAVIS of California. Mr. Chairman, I yield myself the balance of
my time.
Mr. Chairman, as we consider this amendment today, I want to urge my
colleagues to reflect on the following: We ask women to serve in the
military. We trust women in the military to secure our safety. We ask
women to put their lives at risk for our freedoms. They have saved many
lives as they have gone to war for us.
So I ask you, ladies and gentlemen, let us not turn our backs on the
women in uniform in our country.
The Acting CHAIRMAN (Mr. Culberson). All time having expired on this
debate, the question is on the amendment offered by the gentleman from
New Jersey (Mr. Andrews).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mrs. DAVIS of California. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New Jersey
will be postponed.
{time} 1615
Amendment No. 4 Offered by Ms. Jackson-Lee of Texas
Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 printed in House Report 109-459 offered by
Ms. Jackson-Lee of Texas:
Page 117, after line 6, add the following new subparagraph
(B) (and redesignate existing subparagraphs (B) and (C)
accordingly):
``(B) the frequency of assignments during service
career;''.
The Acting CHAIRMAN. Pursuant to House Resolution 806, the
gentlewoman from Texas (Ms. Jackson-Lee) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the chairman and
ranking member of a committee that really protects the lives of our
soldiers on the front line and their families.
Mr. Chairman, I hope today that my colleagues will join me in a
bipartisan effort to give a gift to our soldiers' families. I
understand the gravity of this bill, both in the consequences that
these provisions will have on our ability to protect and defend
ourselves at home and abroad as well as the debate and consideration of
which our colleagues on the Armed Services Committee engage to do this
good job on behalf of the men and women of the Armed Forces.
For this particular reason, I would like to call attention to a
clarification that is needed when providing for fair treatment of
members in the Selected Reserve and Individual Ready Reserve. Members
of the Individual Ready Reserve are former enlisted soldiers and
officers who have some military service obligation remaining but who
choose not to fulfill it in the Guard or Reserve.
Unlike members of the National Guard or Reserve, Individual Reserves
do not perform regularly scheduled training and receive no pay unless
they are called up.
Mr. SKELTON. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. I yield to the gentleman from Missouri.
Mr. SKELTON. Mr. Chairman, let me compliment the gentlewoman on this
amendment. It eminently makes sense. It adds the words that the
frequency of assignments during service career as one of the several
factors that the Secretary of Defense should consider in calling
Selected Reservists to active duty.
I think it is well done. As you know, a good number of them have been
asked on a frequent basis to serve, when in truth and fact, if they
look at the records closely, they might not very well have called those
particular people. It just requires them to consider and take a good
look at it. I compliment the gentlewoman.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I reserve the balance of my
time.
Mrs. DRAKE. Mr. Chairman, although I am not opposed to the amendment,
I request unanimous consent to claim the time in opposition.
The Acting CHAIRMAN. Without objection, the gentlewoman's request is
so ordered.
[[Page H2452]]
There was no objection.
Mrs. DRAKE. Mr. Chairman, section 511 of the underlying bill
establishes several factors that should be considered when deciding
whether a member of the Selected Reserve should be involuntarily
mobilized under what is known as Presidential Select Reserve.
These factors include length and nature of previous service and
family responsibilities. This amendment adds an additional category,
frequency of assignments throughout a career.
For the last 15 years, the members of the Reserve components have
responded magnificently when mobilized. They have answered the Nation's
call repeatedly in Desert Storm, Kosovo, Afghanistan, Iraq and other
places. So smoothly have these mobilizations gone that it is sometimes
easy to forget that each time the orders went out jobs were set aside,
lives were disrupted and dreams were put on hold.
This amendment recognizes the fact that Reservists have been
repeatedly mobilized and that as long as they remain members of the
Reserve components they will be subject to future mobilizations. The
decision to involuntarily mobilize members of the Selected Reserves
should never be taken lightly, and the commitment and dedication of
these men and women should never be unfairly tasked.
This amendment recognizes these ideals. I commend the gentlewoman
from Texas for offering it. Mr. Chairman, I support this amendment and
ask my colleagues to do the same.
Mr. Chairman, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, I thank the gentlewoman for her kind support. Might I
just say that in joining in a bipartisan manner, I am pleased that this
provision recognizes and takes into account the fact that a Reservist
and a National Guard member needs the support and love of his or her
family, or that the needs of a family and a home are highly valued by
our military and our country.
The inclusion of this passage and this language in the bill affirms
and asserts the fact that we are a Nation of morals and honorable
decision makers. The length and nature of previous service also should
have a large part in the consideration of recalling a Reservist back to
duty.
The bill specifies that this provision is to share any exposure to
harmful materials in order to stay within the reasonable limits of
national security and military standards. Therefore, the frequency of
assignment is also an important question, and the fact that we are
clarifying it today and instilling and including that in the bill is
going to give Reservists and National Guard families a great deal of
celebration.
Let me tell you a very pointed story. One constituent from Houston
who was born in Texas, has lived his whole life in Texas, called
because he was confused and concerned, not because he did not love his
country, not because he did not enjoy serving, but he wanted to try and
understand the fact that he was redeployed three times in a 4-year
period, a man who has a family, had a job, and of course we know it was
mentally and emotionally draining and of course heart-breaking to leave
his family.
Therefore, this amendment will help the many Reservists and families
and the National Guard families all over America. Serving your country
is noble, honorable and generates pride in one's self and one's
country. Re-serving your country is no less noble. That is the
constituency we serve today. Yet it can damage morale, particularly if
the individual is not career military, if we do not take into
consideration the frequency of their service.
I thank my colleagues, and I ask my colleagues to support this
amendment on behalf of the military families all over America, Re-
reservists and National Guard who will benefit from understanding their
plight and their situation.
Mr. Chairman, I appreciate the opportunity today to offer an
amendment to the National Defense Reauthorization Act that clarifies
the factors that must be taken into consideration when recalling a
reservist to service to include the frequency of assignment over the
duration of a reservist's career.
I understand the gravity of this bill, both in the consequences that
these provisions will have on our ability to protect and defend
ourselves at home and abroad, as well as the debate and consideration
in which our colleagues on the Armed Services Committee engaged.
For this particular reason, I would like to call attention to a
clarification that is needed when providing for fair treatment of
members in the Selected Reserve and Individual Ready Reserve.
Members of the Individual Ready Reserve are former enlisted soldiers
and officers who have some military service obligation remaining but
who chose not to fulfill it in the Guard or Reserve. Unlike members of
the National Guard and Reserve, individual reservists do not perform
regularly scheduled training and receive no pay unless they are called
up.
Forty percent of American troops in Iraq are from National Guard and
Reserve units. For many, the financial sacrifices are great. Many lose
the salaries they were earning in the private sector, and their
families are struggling to pay bills. 57 percent of National Guard
members and reservists have cited too many activations and/or
deployments as a reason to leave the military, and 66 percent of Guard
members and reservists express that they are likely to continue in the
Guard or Reserve.
In the case where it is necessary for these reserves to be recalled
to duty without their consent, the bill currently provides for
appropriate consideration to be given to the length and nature of
previous service, family responsibilities, and employment necessary to
maintain the national health, safety, or interest.
I am pleased that this provision recognizes and takes into account
the fact that a reservist needs the support and love of his or her
family, or that the needs of a family and a home are highly valued by
our military. The inclusion of this passage in the bill affirms and
asserts the fact that we are a nation of moral and honorable decision-
makers.
The length and nature of previous service also should have a large
part in the consideration of recalling a reservist back to duty. The
bill specifies that this provision is to share any exposure to harmful
materials in order to stay within the reasonable limits of national
security and military standards.
Related to this, however, is the fact that the frequency of
assignment must also be taken into consideration. As we have seen, our
reservists are brave citizens and soldiers who have willingly traveled
to the other side of the world to defend their homeland. If these were
career military we were talking about, I do not think that frequency
should necessarily be considered.
However, we must take the occurrence, and not just the length of
time, of previous service into account when recalling reservists. One
tour of four years is substantially different than four tours of one
year. I am not making a qualitative or quantitative judgment, or that
one reservist should be preferred over another.
One constituent from Houston, who was born in Texas and has lived his
whole life in Texas, called because he was confused and concerned that
the 4 years he served over a 6 year time span would not be recognized
by the military as he thought it should be. His three separate
deployments were mentally and emotionally heartbreaking, and I heard
his point clearly: His situation should be considered as dissimilar to
an individual who had been deployed once and served 4 non-interrupted
years.
The number of times an individual has been deployed must be included
when recalling a reservist to duty, just as are family
responsibilities, previous length and nature of service, and employment
consequences.
Serving your country is noble, honorable, and generates pride in
oneself and one's country. Re-serving your country is no less noble,
yet can damage morale, particularly if the individual is not career
military.
I urge my colleagues to support this measure.
Mr. Chairman, I yield back the balance of my time.
Mrs. DRAKE. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson-Lee).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I demand a recorded vote.
This is a bipartisan amendment that is supported by Members on both
sides. In order to give our Reservist families a moment of celebration,
I would like the yeas and nays so that they can see the vote on the
floor in support of Reservists and National Guard families.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Texas will
be postponed.
[[Page H2453]]
Amendment No. 5 Offered by Mr. Tanner
Mr. TANNER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 printed in House Report 109-459 offered by
Mr. Tanner:
At the end of subtitle D of title V (page 131, after line
20), add the following new section:
SEC. 534. REPORT ON USING SIX-MONTH DEPLOYMENTS FOR OPERATION
ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of the Army should continue to further evaluate
and consider--
(1) the potential benefits of converting to six-month
overseas deployments for members of the Army, including
members of the Army National Guard and the Army Reserve, in
connection with Operation Enduring Freedom and Operation
Iraqi Freedom; and
(2) the potential impacts of such reduced deployment
periods on morale, recruiting, retention, readiness, and the
conduct of military operations.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to Congress a report containing--
(1) the results of any surveys conducted with soldiers and
their dependents by the Department of the Army regarding the
proposal to reduce deployment times for members of the Army
in connection with Operation Enduring Freedom and Operation
Iraqi Freedom to a maximum of six months;
(2) potential plans for the Department to implement such
reduced deployment times;
(3) a discussion of potential benefits associated with
implementation of such reduced deployment times, such as
improved members and family morale and increased recruiting
and retention; and
(4) a discussion of potential drawbacks associated with
implementation of such reduced deployment times, such as
impacts on readiness, the conduct of operations, and
forecasted additional costs.
The Acting CHAIRMAN. Pursuant to House Resolution 806, the gentleman
from Tennessee (Mr. Tanner) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Tennessee.
Mr. TANNER. Mr. Chairman, the Army has been talking about adjusting
the length of deployment in some manner, and there has been ongoing
discussions about that with the Army Chief of Staff and others, and
this amendment merely asks the Secretary of the Army to give to the
Congress a report on the relative pros and cons, what they are finding
out and what they intend to do within I believe it is 90 days of the
date this amendment passes.
Mr. Chairman, I would urge acceptance of this amendment.
Mr. Chairman, I reserve the balance of my time.
Mrs. DRAKE. Mr. Chairman, although I am not opposed to the amendment,
I request unanimous consent to claim the time in opposition.
The Acting CHAIRMAN. Without objection, the gentlewoman's request is
so ordered.
There was no objection.
Mrs. DRAKE. Mr. Chairman, I rise in support of the amendment. I thank
the gentleman for his amendment and for the opportunity to evaluate the
length of time served.
Mr. Chairman, I urge all of my colleagues to support the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. TANNER. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Tennessee (Mr. Tanner).
The amendment was agreed to.
Mrs. DRAKE. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Franks of Arizona) having assumed the chair, Mr. Culberson, Acting
Chairman of the Committee of the Whole House on the State of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 5122) to authorize appropriations for fiscal year 2007 for
military activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2007, and for other purposes, had
come to no resolution thereon.
____________________