H.R. 5122: John Warner National Defense Authorization Act for Fiscal Year 2007
| Introduced: | Apr 6, 2006 |
| Sponsor: | Rep. Duncan Hunter [R-CA] |
| Status: | Enacted |
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H. R. 5122
One Hundred Ninth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To authorize appropriations for fiscal year 2007 for military activities of the
Department of Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe military personnel strengths for such
fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.--This Act may be cited as the ``John Warner
National Defense Authorization Act for Fiscal Year 2007''.
(b) FINDINGS.--Congress makes the following findings:
(1) Senator John Warner of Virginia was elected a member
of the United States Senate on November 7, 1978, for a full
term beginning on January 3, 1979. He was subsequently
appointed by the Governor of Virginia to fill a vacancy on
January 2, 1979, and has served continuously since that date.
He was appointed a member of the Committee on Armed Serv-
ices in January 1979, and has served continuously on the
Committee since that date, a period of nearly 28 years. Senator
Warner's service on the Committee represents nearly half of
its existence since it was established after World War II.
(2) Senator Warner came to the Senate and the Committee
on Armed Services after a distinguished record of service to
the Nation, including combat service in the Armed Forces and
high civilian office.
(3) Senator Warner enlisted in the United States Navy
upon graduation from high school in 1945, and served until
the summer of 1946, when he was discharged as a Petty Officer
3rd Class. He then attended Washington and Lee University
on the G.I. Bill. He graduated in 1949 and entered the Univer-
sity of Virginia Law School.
(4) Upon the outbreak of the Korean War in 1950, Senator
Warner volunteered for active duty, interrupting his education
to accept a commission in the United States Marine Corps.
He served in combat in Korea as a ground officer in the First
Marine Air Wing. Following his active service, he remained
in the Marine Corps Reserve for several years, attaining the
rank of captain.
(5) Senator Warner resumed his legal education upon
returning from the Korean War and graduated from the Univer-
sity of Virginia Law School in 1953. He was selected by the
late Chief Judge E. Barrett Prettyman of the United States
Court of Appeals for the District of Columbia Circuit as his
law clerk. After his service to Judge Prettyman, Senator Warner
H. R. 5122--2
became an Assistant United States Attorney in the District
of Columbia, and later entered private law practice.
(6) In 1969, the Senate gave its advice and consent to
the appointment of Senator Warner as Under Secretary of
the Navy. He served in this position until 1972, when he
was confirmed and appointed as the 61st Secretary of the
Navy since the office was established in 1798. As Secretary,
Senator Warner was the principal United States negotiator
and signatory of the Incidents at Sea Executive Agreement
with the Soviet Union, which was signed in 1972 and remains
in effect today. It has served as the model for similar agree-
ments between states covering the operation of naval ships
and aircraft in international sea lanes throughout the world.
(7) Senator Warner left the Department of the Navy in
1974. His next public service was as Administrator of the
American Revolution Bicentennial Commission. In this
capacity, he coordinated the celebration of the Nation's
founding, directing the Federal role in all 50 States and in
over 20 foreign nations.
(8) Senator Warner has served as chairman of the Com-
mittee on Armed Services of the United States Senate from
1999 to 2001, and again since January 2003. He served as
ranking minority member of the committee from 1987 to 1993,
and again from 2001 to 2003. Senator Warner concludes his
service as chairman at the end of the 109th Congress, but
will remain a member of the committee.
(9) This Act is the twenty-eighth annual authorization Act
for the Department of Defense for which Senator Warner has
taken a major responsibility as a member of the Committee
on Armed Services of the United States Senate, and the four-
teenth for which he has exercised a leadership role as chairman
or ranking minority member of the committee.
(10) Senator Warner, as seaman, Marine officer, Under
Secretary and Secretary of the Navy, and member, ranking
minority member, and chairman of the Committee on Armed
Services of the United States Senate, has made unique and
lasting contributions to the national security of the United
States.
(11) It is altogether fitting and proper that this Act, the
last annual authorization Act for the national defense managed
by Senator Warner in and for the United States Senate as
chairman of the Committee on Armed Services, be named in
his honor, as provided in subsection (a).
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.--This Act is organized into three divisions as
follows: (1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.--The table of contents for this Act
is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
H. R. 5122--3
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Sec. 101. Army. Subtitle A--Authorization of Appropriations
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Sense of Congress on future multiyear procurement authority for Family
of Medium Tactical Vehicles.
Sec. 112. Multiyear procurement authority for MH60R helicopters and mission
equipment.
Sec. 113. Funding profile for Modular Force Initiative of the Army.
Sec. 114. Bridge to Future Networks program.
Sec. 115. Comptroller General report on the contract for the Future Combat Sys-
tems program.
Sec. 116. Priority for allocation of replacement equipment to operational units
based on combat mission deployment schedule.
Subtitle C--Navy Programs
Sec. 121. CVN21 class aircraft carrier procurement.
Sec. 122. Adherence to Navy cost estimates for CVN21 class of aircraft carriers.
Sec. 123. Modification of limitation on total cost of procurement of CVN77 aircraft
carrier.
Sec. 124. Construction of first two vessels under the DDG1000 Next-Generation
Destroyer program.
Sec. 125. Adherence to Navy cost estimates for LHA Replacement amphibious as-
sault ship program.
Sec. 126. Cost limitation for San Antonio (LPD17) class amphibious ship program.
Sec. 127. Multiyear procurement authority for V22 tiltrotor aircraft program.
Sec. 128. Alternative technologies for future surface combatants.
Sec. 129. Sense of Congress regarding the size of the attack submarine force.
Sec. 130. Quality control in procurement of ship critical safety items and related
Sec. 131.services. Subtitle D--Air Force Programs
Bomber force structure.
Sec. 132.
Strategic airlift force structure.
Sec. 133.
Limitation on retirement of U2 aircraft.
Sec. 134.
Multiyear procurement authority for F22A Raptor fighter aircraft.
Sec. 135.
Limitation on retirement of KC135E aircraft during fiscal year 2007.
Sec. 136.
Limitation on retirement of F117A aircraft during fiscal year 2007.
Sec. 137.
Limitation on retirement of C130E tactical airlift aircraft.
Sec. 138.
Procurement of Joint Primary Aircraft Training System aircraft after fis-
cal year 2006.
Sec. 139. Minuteman III intercontinental ballistic missile modernization.
Subtitle E--Joint and Multiservice Matters
Sec. 141. Clarification of limitation on initiation of new unmanned aerial vehicle
systems.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Acquisition of, and independent cost analyses for, the Joint Strike Fighter
propulsion system.
Sec. 212. Expansion and extension of authority to award prizes for advanced tech-
nology achievements.
Sec. 213. Defense Acquisition Challenge Program extension, enhancement, and
modification to address critical cost growth threshold breaches in major
defense acquisition programs.
Sec. 214. Future Combat Systems milestone review.
Sec. 215. Dedicated amounts for implementing or evaluating Navy shipbuilding
technology proposals under Defense Acquisition Challenge Program.
H. R. 5122--4
Sec. 216. Independent estimate of costs of the Future Combat Systems.
Sec. 217. Funding of defense science and technology programs.
Sec. 218. Hypersonics development.
Sec. 219. Report on program for replacement of nuclear warheads on certain Tri-
dent sea-launched ballistic missiles with conventional warheads.
Subtitle C--Missile Defense Programs
Sec. 221. Fielding of ballistic missile defense capabilities.
Sec. 222. Limitation on use of funds for space-based interceptor.
Sec. 223. Policy of the United States on priorities in the development, testing, and
fielding of missile defense capabilities.
Sec. 224. One-year extension of Comptroller General assessments of ballistic mis-
sile defense programs.
Sec. 225. Submittal of plans for test and evaluation of the operational capability of
the Ballistic Missile Defense System.
Sec. 226. Annual reports on transition of ballistic missile defense programs to the
military departments.
Subtitle D--Other Matters
Sec. 231. Policies and practices on test and evaluation to address emerging acquisi-
tion approaches.
Sec. 232. Extension of requirement for Global Research Watch Program.
Sec. 233. Sense of Congress on technology sharing of Joint Strike Fighter tech-
nology.
Sec. 234. Report on vehicle-based active protection systems for certain battlefield
threats.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B--Environmental Provisions
Sec. 311. Revision of requirement for unexploded ordnance program manager.
Sec. 312. Funding of cooperative agreements under environmental restoration pro-
gram.
Sec. 313. Response plan for remediation of unexploded ordnance, discarded military
munitions, and munitions constituents.
Sec. 314. Research on effects of ocean disposal of munitions.
Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in
connection with Moses Lake Wellfield Superfund Site, Moses Lake,
Washington.
Sec. 316. Transfer of Government-furnished uranium stored at Sequoyah Fuels
Corporation, Gore, Oklahoma.
Sec. 317. Extension of authority to grant exemptions to certain requirements.
Sec. 318. National Academy of Sciences study on human exposure to contaminated
drinking water at Camp Lejeune, North Carolina.
Subtitle C--Program Requirements, Restrictions, and Limitations
Sec. 321. Limitation on financial management improvement and audit initiatives
within the Department of Defense.
Sec. 322. Funds for exhibits for the national museums of the Armed Forces.
Sec. 323. Prioritization of funds for equipment readiness and strategic capability.
Sec. 324. Limitation on deployment of Marine Corps Total Force System to Navy.
Subtitle D--Workplace and Depot Issues
Sec. 331. Permanent exclusion of certain contract expenditures from percentage
limitation on the performance of depot-level maintenance.
Sec. 332. Minimum capital investment for certain depots.
Sec. 333. Extension of temporary authority for contractor performance of security
guard functions. Subtitle E--Reports
Sec. 341. Report on Navy Fleet Response Plan.
Sec. 342. Report on Navy surface ship rotational crew programs.
Sec. 343. Report on Army live-fire ranges in Hawaii.
Sec. 344. Comptroller General report on joint standards and protocols for access
control systems at Department of Defense installations.
H. R. 5122--5
Sec. 345. Comptroller General report on readiness of Army and Marine Corps
ground forces.
Sec. 346. Report on Air Force safety requirements for Air Force flight training oper-
ations at Pueblo Memorial Airport, Colorado.
Sec. 347. Annual report on Personnel Security Investigations for Industry and Na-
tional Industrial Security Program.
Sec. 348. Five-year extension of annual report on training range sustainment plan
and training range inventory.
Sec. 349. Reports on withdrawal or diversion of equipment from reserve units for
support of reserve units being mobilized and other units.
Subtitle F--Other Matters
Sec. 351. Department of Defense strategic policy on prepositioning of materiel and
equipment.
Sec. 352. Authority to make Department of Defense horses available for adoption.
Sec. 353. Sale and use of proceeds of recyclable munitions materials.
Sec. 354. Recovery and transfer to Corporation for the Promotion of Rifle Practice
and Firearms Safety of certain firearms, ammunition, and parts granted
to foreign countries.
Sec. 355. Extension of Department of Defense telecommunications benefit program.
Sec. 356. Extension of availability of funds for commemoration of success of the
Armed Forces in Operation Enduring Freedom and Operation Iraqi
Freedom.
Sec. 357. Capital security cost sharing.
Sec. 358. Utilization of fuel cells as back-up power systems in Department of De-
fense operations.
Sec. 359. Improving Department of Defense support for civil authorities.
Sec. 360. Energy efficiency in weapons platforms.
Sec. 361. Prioritization of funds within Navy mission operations, ship maintenance,
combat support forces, and weapons system support.
Sec. 362. Provision of adequate storage space to secure personal property outside
of assigned military family housing unit.
Sec. 363. Expansion of payment of replacement value of personal property damaged
during transport at Government expense.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps active duty
end strengths for fiscal years 2008 and 2009.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2007 limitation on number of non-dual status technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on active duty
for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
PART I--OFFICER PERSONNEL POLICY GENERALLY
Sec. 501. Military status of officers serving in certain intelligence community posi-
tions.
Sec. 502. Extension of age for mandatory retirement for active-duty general and
flag officers.
Sec. 503. Increased mandatory retirement ages for reserve officers.
Sec. 504. Standardization of grade of senior dental officer of the Air Force with that
of senior dental officer of the Army.
Sec. 505. Management of chief warrant officers.
Sec. 506. Extension of temporary reduction of time-in-grade requirement for eligi-
bility for promotion for certain active-duty list officers in grades of first
lieutenant and lieutenant (junior grade).
H. R. 5122--6
Sec. 507. Grade and exclusion from active-duty general and flag officer distribution
and strength limitations of officer serving as Attending Physician to the
Congress.
Sec. 508. Modification of qualifications for leadership of the Naval Postgraduate
School.
PART II--OFFICER PROMOTION POLICY
Sec. 511. Revisions to authorities relating to authorized delays of officer pro-
motions.
Sec. 512. Consideration of adverse information by selection boards in recommenda-
tions on officers to be promoted.
Sec. 513. Expanded authority for removal from reports of selection boards of offi-
cers recommended for promotion to grades below general and flag
grades.
Sec. 514. Special selection board authorities.
Sec. 515. Removal from promotion list of officers not promoted within 18 months
of approval of list by the President.
PART III--JOINT OFFICER MANAGEMENT REQUIREMENTS
Sec. 516. Modification and enhancement of general authorities on management of
officers who are joint qualified.
Sec. 517. Modification of promotion policy objectives for joint officers.
Sec. 518. Applicability of joint duty assignment requirements limited to graduates
of National Defense University schools.
Sec. 519. Modification of certain definitions relating to jointness.
Subtitle B--Reserve Component Matters
PART I--RESERVE COMPONENT MANAGEMENT
Sec. 521. Recognition of former Representative G. V. `Sonny' Montgomery for his 30
years of service in the House of Representatives.
Sec. 522. Revisions to reserve call-up authority.
Sec. 523. Military retirement credit for certain service by National Guard members
performed while in a State duty status immediately after the terrorist
attacks of September 11, 2001.
PART II--AUTHORITIES RELATING TO GUARD AND RESERVE DUTY
Sec. 524. Title 10 definition of Active Guard and Reserve duty.
Sec. 525. Authority for Active Guard and Reserve duties to include support of oper-
ational missions assigned to the reserve components and instruction and
training of active-duty personnel.
Sec. 526. Governor's authority to order members to Active Guard and Reserve duty.
Sec. 527. Expansion of operations of civil support teams.
Sec. 528. Modification of authorities relating to the Commission on the National
Guard and Reserves.
Sec. 529. Additional matters to be reviewed by Commission on the National Guard
and Reserves.Subtitle C--Education and Training
PART I--SERVICE ACADEMIES
Sec. 531. Expansion of service academy exchange programs with foreign military
academies.
Sec. 532. Revision and clarification of requirements with respect to surveys and re-
ports concerning sexual harassment and sexual violence at the service
academies.
Sec. 533. Department of Defense policy on service academy and ROTC graduates
seeking to participate in professional sports before completion of their
active-duty service obligations.
PART II--SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAMS
Sec. 535. Authority to permit members who participate in the guaranteed reserve
forces duty scholarship program to participate in the health professions
scholarship program and serve on active duty.
Sec. 536. Detail of commissioned officers as students at medical schools.
Sec. 537. Increase in maximum amount of repayment under education loan repay-
ment for officers in specified health professions.
Sec. 538. Health Professions Scholarship and Financial Assistance Program for Ac-
tive Service.
PART III--JUNIOR ROTC PROGRAM
Sec. 539. Junior Reserve Officers' Training Corps instructor qualifications.
H. R. 5122--7
Sec. 540. Expansion of members eligible to be employed to provide Junior Reserve
Officers' Training Corps instruction.
Sec. 541. Expansion of Junior Reserve Officers' Training Corps program.
Sec. 542. Review of legal status of Junior ROTC program.
PART IV--OTHER EDUCATION AND TRAINING PROGRAMS
Sec. 543. Expanded eligibility for enlisted members for instruction at Naval Post-
graduate School.
Subtitle D--General Service Authorities
Sec. 546. Test of utility of test preparation guides and education programs in en-
hancing recruit candidate performance on the Armed Services Voca-
tional Aptitude Battery (ASVAB) and Armed Forces Qualification Test
(AFQT).
Sec. 547. Clarification of nondisclosure requirements applicable to certain selection
board proceedings.
Sec. 548. Report on extent of provision of timely notice of long-term deployments.
Subtitle E--Military Justice Matters
Sec. 551. Applicability of Uniform Code of Military Justice to members of the
Armed Forces ordered to duty overseas in inactive duty for training sta-
tus.
Sec. 552. Clarification of application of Uniform Code of Military Justice during a
time of war.Subtitle F--Decorations and Awards
Sec. 555. Authority for presentation of Medal of Honor Flag to living Medal of
Honor recipients and to living primary next-of-kin of deceased Medal of
Honor recipients.
Sec. 556. Review of eligibility of prisoners of war for award of the Purple Heart.
Sec. 557. Report on Department of Defense process for awarding decorations.
Subtitle G--Matters Relating to Casualties
Sec. 561. Authority for retention after separation from service of assistive tech-
nology and devices provided while on active duty.
Sec. 562. Transportation of remains of casualties dying in a theater of combat oper-
ations.
Sec. 563. Annual budget display of funds for POW/MIA activities of Department
of Defense.
Sec. 564. Military Severely Injured Center.
Sec. 565. Comprehensive review on procedures of the Department of Defense on
mortuary affairs.
Sec. 566. Additional elements of policy on casualty assistance to survivors of mili-
tary decedents.
Sec. 567. Requirement for deploying military medical personnel to be trained in
preservation of remains under combat or combat-related conditions.
Subtitle H--Impact Aid and Defense Dependents Education System
Sec. 571. Enrollment in defense dependents' education system of dependents of for-
eign military members assigned to Supreme Headquarters Allied Pow-
ers, Europe.
Sec. 572. Continuation of authority to assist local educational agencies that benefit
dependents of members of the Armed Forces and Department of Defense
civilian employees.
Sec. 573. Impact aid for children with severe disabilities.
Sec. 574. Plan and authority to assist local educational agencies experiencing
growth in enrollment due to force structure changes, relocation of mili-
tary units, or base closures and realignments.
Sec. 575. Pilot program on parent education to promote early childhood education
for dependent children affected by military deployment or relocation of
military units.
Subtitle I--Armed Forces Retirement Home
Sec. 578. Report on leadership and management of the Armed Forces Retirement
Home.
Sec. 579. Report on Local Boards of Trustees of the Armed Forces Retirement
Home. Subtitle J--Reports
Sec. 581. Report on personnel requirements for airborne assets identified as Low-
Density, High-Demand Airborne Assets.
H. R. 5122--8
Sec. 582. Report on feasibility of establishment of Military Entrance Processing
Command station on Guam.
Sec. 583. Inclusion in annual Department of Defense report on sexual assaults of
information on results of disciplinary actions.
Sec. 584. Report on provision of electronic copy of military records on discharge or
release of members from the Armed Forces.
Sec. 585. Report on omission of social security account numbers from military iden-
tification cards.
Sec. 586. Report on maintenance and protection of data held by the Secretary of
Defense as part of the Department of Defense Joint Advertising, Market
Research and Studies (JAMRS) program.
Sec. 587. Comptroller General report on military conscientious objectors.
Subtitle K--Other Matters
Sec. 591. Modification in Department of Defense contributions to Military Retire-
ment Fund.
Sec. 592. Revision in Government contributions to Medicare-Eligible Retiree Health
Care Fund.
Sec. 593. Dental Corps of the Navy Bureau of Medicine and Surgery.
Sec. 594. Permanent authority for presentation of recognition items for recruitment
and retention purposes.
Sec. 595. Persons authorized to administer enlistment and appointment oaths.
Sec. 596. Military voting matters.
Sec. 597. Physical evaluation boards.
Sec. 598. Military ID cards for retiree dependents who are permanently disabled.
Sec. 599. United States Marine Band and United States Marine Drum and Bugle
Corps.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Fiscal year 2007 increase in military basic pay and reform of basic pay
rates.
Sec. 602. Increase in maximum rate of basic pay for general and flag officer grades
to conform to increase in pay cap for Senior Executive Service personnel.
Sec. 603. One-year extension of prohibition against requiring certain injured mem-
bers to pay for meals provided by military treatment facilities.
Sec. 604. Availability of second basic allowance for housing for certain reserve com-
ponent or retired members serving in support of contingency operations.
Sec. 605. Extension of temporary continuation of housing allowance for dependents
of members dying on active duty to spouses who are also members.
Sec. 606. Payment of full premium for coverage under Servicemembers' Group Life
Insurance program during service in Operation Enduring Freedom or
Operation Iraqi Freedom.
Sec. 607. Clarification of effective date of prohibition on compensation for cor-
respondence courses.
Sec. 608. Extension of pilot program on contributions to Thrift Savings Plan for ini-
tial enlistees in the Army.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension of certain bonus and special pay authorities for reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for health care pro-
fessionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear officers.
Sec. 614. Extension of authorities relating to payment of other bonuses and special
pays.
Sec. 615. Expansion of eligibility of dental officers for additional special pay.
Sec. 616. Increase in maximum annual rate of special pay for Selected Reserve
health care professionals in critically short wartime specialties.
Sec. 617. Expansion and enhancement of accession bonus authorities for certain of-
ficers in health care specialities.
Sec. 618. Authority to provide lump sum payment of nuclear officer incentive pay.
Sec. 619. Increase in maximum amount of nuclear career accession bonus.
Sec. 620. Increase in maximum amount of incentive bonus for transfer between
Armed Forces.
Sec. 621. Additional authorities and incentives to encourage retired members and
reserve component members to volunteer to serve on active duty in
high-demand, low-density assignments.
Sec. 622. Accession bonus for members of the Armed Forces appointed as commis-
sioned officers after completing officer candidate school.
Sec. 623. Modification of certain authorities applicable to the targeted shaping of
the Armed Forces.
H. R. 5122--9
Sec. 624. Enhancement of bonus to encourage certain persons to refer other persons
for enlistment in the Army.
Subtitle C--Travel and Transportation Allowances
Sec. 631. Travel and transportation allowances for transportation of family mem-
bers incident to illness or injury of members.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 641. Retired pay of general and flag officers to be based on rates of basic pay
provided by law.
Sec. 642. Inapplicability of retired pay multiplier maximum percentage to certain
service of members of the Armed Forces in excess of 30 years.
Sec. 643. Military Survivor Benefit Plan beneficiaries under insurable interest cov-
erage.
Sec. 644. Modification of eligibility for commencement of authority for optional an-
nuities for dependents under the Survivor Benefit Plan.
Sec. 645. Study of training costs, manning, operations tempo, and other factors that
affect retention of members of the Armed Forces with special operations
designations.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits
Sec. 661. Treatment of price surcharges of certain merchandise sold at commissary
stores.
Sec. 662. Limitations on lease of non-excess Department of Defense property for
protection of morale, welfare, and recreation activities and revenue.
Sec. 663. Report on cost effectiveness of purchasing commercial insurance for com-
missary and exchange facilities and facilities of other morale, welfare,
and recreation programs and nonappropriated fund instrumentalities.
Sec. 664. Study and report regarding access of disabled persons to morale, welfare,
and recreation facilities and activities.
Subtitle F--Other Matters
Sec. 670. Limitations on terms of consumer credit extended to servicemembers and
dependents.
Sec. 671. Enhancement of authority to waive claims for overpayment of pay and al-
lowances and travel and transportation allowances.
Sec. 672. Exception for notice to consumer reporting agencies regarding debts or er-
roneous payments pending a decision to waive, remit, or cancel.
Sec. 673. Expansion and enhancement of authority to remit or cancel indebtedness
of members and former members of the Armed Forces incurred on active
duty.
Sec. 674. Phased recovery of overpayments of pay made to members of the uni-
formed services.
Sec. 675. Joint family support assistance program.
Sec. 676. Special working group on transition to civilian employment of National
Guard and Reserve members returning from deployment in Operation
Iraqi Freedom or Operation Enduring Freedom.
Sec. 677. Audit of pay accounts of members of the Army evacuated from a combat
zone for inpatient care.
Sec. 678. Report on eligibility and provision of assignment incentive pay.
Sec. 679. Sense of Congress calling for payment to World War II veterans who sur-
vived Bataan Death March.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE Program Improvements
Sec. 701. TRICARE coverage for forensic examination following sexual assault or
domestic violence.
Sec. 702. Authorization of anesthesia and other costs for dental care for children
and certain other patients.
Sec. 703. Improvements to descriptions of cancer screening for women.
Sec. 704. Prohibition on increases in certain health care costs for members of the
uniformed services.
Sec. 705. Demonstration project on coverage of selected over-the-counter drugs
under the pharmacy benefits program.
Sec. 706. Expanded eligibility of Selected Reserve members under TRICARE pro-
gram.
Sec. 707. Relationship between the TRICARE program and employer-sponsored
group health care plans.
Sec. 708. Temporary prohibition on increase in copayments under retail pharmacy
system of pharmacy benefits program.
H. R. 5122--10
Subtitle B--Studies and Reports
Sec. 711. Department of Defense task force on the future of military health care.
Sec. 712. Study relating to chiropractic health care services.
Sec. 713. Comptroller General audits of Department of Defense health care costs
and cost-saving measures.
Sec. 714. Transfer of custody of the Air Force Health Study assets to Medical Fol-
low-up Agency.
Sec. 715. Study on allowing dependents of activated members of reserve compo-
nents to retain civilian health care coverage.
Sec. 716. Study of health effects of exposure to depleted uranium.
Sec. 717. Report and plan on services to military dependent children with autism.
Sec. 718. Comptroller General study on Department of Defense pharmacy benefits
program.
Sec. 719. Review of Department of Defense medical quality improvement program.
Sec. 720. Report on distribution of hemostatic agents for use in the field.
Sec. 721. Longitudinal study on traumatic brain injury incurred by members of the
Armed Forces in Operation Iraqi Freedom and Operation Enduring
Freedom.
Subtitle C--Planning, Programming, and Management
Sec. 731. Standardization of claims processing under TRICARE program and Medi-
care program.
Sec. 732. Requirements for support of military treatment facilities by civilian con-
tractors under TRICARE.
Sec. 733. Standards and tracking of access to health care services for wounded, in-
jured, or ill servicemembers returning to the United States from a com-
bat zone.
Sec. 734. Disease and chronic care management.
Sec. 735. Additional elements of assessment of Department of Defense task force on
mental health relating to mental health of members who were deployed
in Operation Iraqi Freedom and Operation Enduring Freedom.
Sec. 736. Additional authorized option periods for extension of current contracts
under TRICARE.
Sec. 737. Military vaccination matters.
Sec. 738. Enhanced mental health screening and services for members of the
Armed Forces. Subtitle D--Other Matters
Sec. 741. Pilot projects on early diagnosis and treatment of post traumatic stress
disorder and other mental health conditions.
Sec. 742. Requirement to certify and report on conversion of military medical and
dental positions to civilian medical and dental positions.
Sec. 743. Three-year extension of joint incentives program on sharing of health care
resources by the Department of Defense and Department of Veterans
Affairs.
Sec. 744. Training curricula for family caregivers on care and assistance for mem-
bers and former members of the Armed Forces with traumatic brain in-
jury.
Sec. 745. Recognition of Representative Lane Evans upon his retirement from the
House of Representatives.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Requirements management certification training program.
Sec. 802. Additional requirements relating to technical data rights.
Sec. 803. Study and report on revisions to Selected Acquisition Report require-
ments.
Sec. 804. Biannual updates on implementation of acquisition reform in the Depart-
ment of Defense.
Sec. 805. Additional certification requirements for major defense acquisition pro-
grams before proceeding to Milestone B.
Sec. 806. Original baseline estimate for major defense acquisition programs.
Sec. 807. Lead system integrators.
Subtitle B--Acquisition Policy and Management
Sec. 811. Time-certain development for Department of Defense information tech-
nology business systems.
Sec. 812. Pilot program on time-certain development in acquisition of major weapon
systems.
H. R. 5122--11
Sec. 813. Establishment of Panel on Contracting Integrity.
Sec. 814. Linking of award and incentive fees to acquisition outcomes.
Sec. 815. Report on defense instruction relating to contractor personnel authorized
to accompany Armed Forces.
Sec. 816. Major automated information system programs.
Sec. 817. Internal controls for procurements on behalf of the Department of De-
fense by certain non-defense agencies.
Sec. 818. Determination of contract type for development programs.
Sec. 819. Three-year extension of requirement for reports on commercial price
trend analyses of the Department of Defense.
Sec. 820. Government performance of critical acquisition functions.
Subtitle C--Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 831. One-year extension of special temporary contract closeout authority.
Sec. 832. Limitation on contracts for the acquisition of certain services.
Sec. 833. Use of Federal supply schedules by State and local governments for goods
and services for recovery from natural disasters, terrorism, or nuclear,
biological, chemical, or radiological attack.
Sec. 834. Waivers to extend task order contracts for advisory and assistance serv-
ices.
Subtitle D--United States Defense Industrial Base Provisions
Sec. 841. Assessment and annual report of United States defense industrial base
capabilities and acquisitions of articles, materials, and supplies manu-
factured outside the United States.
Sec. 842. Protection of strategic materials critical to national security.
Sec. 843. Strategic Materials Protection Board.
Subtitle E--Other Matters
Sec. 851. Report on former Department of Defense officials employed by contractors
of the Department of Defense.
Sec. 852. Report and regulations on excessive pass-through charges.
Sec. 853. Program manager empowerment and accountability.
Sec. 854. Joint policies on requirements definition, contingency program manage-
ment, and contingency contracting.
Sec. 855. Clarification of authority to carry out certain prototype projects.
Sec. 856. Contracting with employers of persons with disabilities.
Sec. 857. Enhanced access for small business.
Sec. 858. Procurement goal for Hispanic-serving institutions.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Sec. 901. Subtitle A--Department of Defense Management
Increase in authorized number of Assistant Secretaries of Defense.
Sec. 902.
Modifications to the Combatant Commander Initiative Fund.
Sec. 903.
Addition to membership of specified council.
Sec. 904.
Consolidation and standardization of authorities relating to Department
of Defense Regional Centers for Security Studies.
Sec. 905. Oversight by Office of Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics of exercise of acquisition authority by combatant
commanders and heads of Defense Agencies.
Sec. 906. Standardization of statutory references to ``national security system''
within laws applicable to Department of Defense.
Sec. 907. Correction of reference to predecessor of Defense Information Systems
Agency. Subtitle B--Space Activities
Sec. 911. Designation of successor organizations for the disestablished Interagency
Global Positioning Executive Board.
Sec. 912. Extension of authority for pilot program for provision of space surveil-
lance network services to non-United States Government entities.
Sec. 913. Operationally responsive space.
Sec. 914. Independent review and assessment of Department of Defense organiza-
tion and management for national security in space.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Sense of Congress on completion of destruction of United States chemical
weapons stockpile.
H. R. 5122--12
Sec. 922. Comptroller General review of cost-benefit analysis of off-site versus on-
site treatment and disposal of hydrolysate derived from neutralization
of VX nerve gas at Newport Chemical Depot, Indiana.
Sec. 923. Incentives clauses in chemical demilitarization contracts.
Sec. 924. Chemical demilitarization program contracting authority.
Subtitle D--Intelligence-Related Matters
Sec. 931. Four-year extension of authority of Secretary of Defense to engage in com-
mercial activities as security for intelligence collection activities.
Sec. 932. Annual reports on intelligence oversight activities of the Department of
Defense.
Sec. 933. Collection by National Security Agency of service charges for certification
or validation of information assurance products.
Subtitle E--Other Matters
Sec. 941. Department of Defense policy on unmanned systems.
Sec. 942. Executive Schedule level IV for Deputy Under Secretary of Defense for
Logistics and Materiel Readiness.
Sec. 943. Study and report on reform of Defense Travel System.
Sec. 944. Administration of pilot project on Civilian Linguist Reserve Corps.
Sec. 945. Improvement of authorities on the National Security Education Program.
Sec. 946. Report on the posture of United States Special Operations Command to
conduct the global war on terrorism.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Authorization of additional emergency supplemental appropriations for
fiscal year 2006.
Sec. 1003. Reduction in certain authorizations due to savings relating to lower in-
flation.
Sec. 1004. Increase in fiscal year 2006 general transfer authority.
Sec. 1005. United States contribution to NATO common-funded budgets in fiscal
year 2007.
Sec. 1006. Report on budgeting for fluctuations in fuel cost rates.
Sec. 1007. Modification of date of submittal of OMB/CBO report on scoring of out-
lays.
Sec. 1008. Budgeting for ongoing military operations in Afghanistan and Iraq.
Subtitle B--Policy Relating to Vessels and Shipyards
Sec. 1011. Aircraft carrier force structure.
Sec. 1012. Sense of Congress on naming the CVN78 aircraft carrier as the U.S.S.
Gerald R. Ford.
Sec. 1013. Transfer of naval vessels to foreign nations based upon vessel class.
Sec. 1014. Overhaul, repair, and maintenance of vessels in foreign shipyards.
Sec. 1015. Report on options for future lease arrangement for Guam Shipyard.
Sec. 1016. Assessments of naval vessel construction efficiencies and of effectiveness
of special contractor incentives.
Sec. 1017. Obtaining carriage by vessel: criterion regarding overhaul, repair, and
maintenance of vessels in the United States.
Sec. 1018. Riding gang member requirements.
Sec. 1019. Authority to transfer SS Arthur M. Huddell to the Government of
Greece. Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of authority of Department of Defense to provide additional
support for counterdrug activities of other governmental agencies.
Sec. 1022. Extension and expansion of Department of Defense authority to provide
support for counter-drug activities of certain foreign governments.
Sec. 1023. Extension of authority to support unified counterdrug and
counterterrorism campaign in Colombia.
Sec. 1024. Continuation of reporting requirement regarding Department of Defense
expenditures to support foreign counterdrug activities.
Sec. 1025. Report on interagency counter-narcotics plan for Afghanistan and South
and Central Asian regions.
Sec. 1026. Report on United States support for Operation Bahamas, Turks &
Caicos.
Subtitle D--Force Structure and Defense Policy Matters
Sec. 1031. Improvements to Quadrennial Defense Review.
H. R. 5122--13
Sec. 1032. Quarterly reports on implementation of 2006 Quadrennial Defense Re-
view Report.
Sec. 1033. Report on feasibility of establishing a regional combatant command for
Africa.
Sec. 1034. Determination of Department of Defense intratheater and intertheater
airlift requirements and sealift mobility requirements.
Sec. 1035. Presidential report on improving interagency support for United States
21st century national security missions and interagency operations in
support of stability, security, transition, and reconstruction operations.
Subtitle E--Reports
Sec. 1041. Additional element in annual report on chemical and biological warfare
defense.
Sec. 1042. Report on biodefense human capital requirements in support of biosafety
laboratories.
Sec. 1043. Report on technologies for neutralizing or defeating threats to military
rotary-wing aircraft from portable air defense systems and rocket-pro-
pelled grenades.
Sec. 1044. Reports on expanded use of unmanned aerial vehicles in the National
Airspace System.
Sec. 1045. Report on incentives to encourage certain members and former members
of the Armed Forces to serve in the Bureau of Customs and Border Pro-
tection.
Sec. 1046. Repeal of certain report requirements.
Sec. 1047. Requirement for identification of recently enacted recurring reporting re-
quirements applicable to the Department of Defense.
Subtitle F--Miscellaneous Authorities and Limitations on Availability and Use of
Funds
Sec. 1051. Acceptance and retention of reimbursement from non-Federal sources to
defray Department of Defense costs of conferences.
Sec. 1052. Increased flexibility in use of funds for Joint Staff exercises.
Sec. 1053. Prohibition on parking of funds.
Sec. 1054. Modification of authorities relating to the Special Inspector General for
Iraq Reconstruction.
Subtitle G--Matters Involving Detainees
Sec. 1061. Provision of information to Congress on certain criminal investigations
and prosecutions involving detainees.
Subtitle H--Other Matters
Sec. 1071. Technical and clerical amendments.
Sec. 1072. Revision to authorities relating to Commission on the Implementation of
the New Strategic Posture of the United States.
Sec. 1073. Revised deadline for submission of final report of EMP Commission.
Sec. 1074. Extension of returning worker exemption to H2B numerical limitation.
Sec. 1075. Patent term extensions for the badges of the American Legion, the
American Legion Women's Auxiliary, and the Sons of the American Le-
gion.
Sec. 1076. Use of the Armed Forces in major public emergencies.
Sec. 1077. Increased hunting and fishing opportunities for members of the Armed
Forces, retired members, and disabled veterans.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Accrual of annual leave for members of the uniformed services per-
forming dual employment.
Sec. 1102. Strategy for improving the senior management, functional, and technical
workforce of the Department of Defense.
Sec. 1103. Three-year extension of authority for experimental personnel manage-
ment program for scientific and technical personnel.
Sec. 1104. Reports on members of the Armed Forces and civilian employees of the
Department of Defense serving in the legislative branch.
Sec. 1105. Extension of authority to waive annual limitation on total compensation
paid to Federal civilian employees.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Logistic support for allied forces participating in combined operations.
Sec. 1202. Temporary authority to use acquisition and cross-servicing agreements
to lend certain military equipment to foreign forces in Iraq and Afghani-
stan for personnel protection and survivability.
H. R. 5122--14
Sec. 1203. Recodification and revision to law relating to Department of Defense hu-
manitarian demining assistance.
Sec. 1204. Enhancements to Regional Defense Combating Terrorism Fellowship
Program.
Sec. 1205. Participation of the Department of Defense in multinational military
centers of excellence.
Sec. 1206. Modification and extension of authorities relating to program to build
the capacity of foreign military forces.
Sec. 1207. Authority for distribution to certain foreign personnel of education and
training materials and information technology to enhance military inter-
operability.
Subtitle B--Nonproliferation Matters and Countries of Concern
Sec. 1211. North Korea.
Sec. 1212. Report on participation of multinational partners in the United Nations
Command in the Republic of Korea.
Sec. 1213. Intelligence on Iran.
Sec. 1214. Sense of Congress on United States policy on the nuclear programs of
Iran. Subtitle C--Other Matters
Sec. 1221. Exclusion of petroleum, oil, and lubricants from limitations on annual
amount of liabilities the United States may accrue under acquisition
and cross-servicing agreements.
Sec. 1222. Modification of limitations on assistance under the American
Servicemembers' Protection Act of 2002.
Sec. 1223. Humanitarian support for Iraqi children in urgent need of medical care.
Sec. 1224. Sense of Congress opposing the granting of amnesty by the government
of Iraq to persons known to have attacked, killed, or wounded members
of the United States Armed Forces in Iraq.
Sec. 1225. Annual reports on United States contributions to the United Nations.
Sec. 1226. Comprehensive regional strategy and annual reports on Somalia.
Sec. 1227. Report on the implementation of the Darfur Peace Agreement.
Sec. 1228. Sense of Congress concerning cooperation with Russia on issues per-
taining to missile defense.
Sec. 1229. Sense of Congress calling for convening of a summit for a comprehensive
political agreement for Iraq.
Sec. 1230. Sense of Congress on the commendable actions of the Armed Forces in
Iraq.
Sec. 1231. Annual report on foreign sales of significant military equipment manu-
factured in the United States.
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF
THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Extension of temporary authority to waive limitation on funding for
chemical weapons destruction facility in Russia.
Sec. 1304. National Academy of Sciences study of prevention of proliferation of bio-
logical weapons.
TITLE XIV--MATTERS RELATED TO DEFENSE AGAINST TERRORISM
AND RELATED SECURITY MATTERS
Sec. 1401. Enhancement to authority to pay rewards for assistance in combating
terrorism.
Sec. 1402. Quarterly reports on Department of Defense response to threat posed by
improvised explosive devices.
Sec. 1403. Requirement that all military wheeled vehicles used in Iraq and Afghan-
istan outside of secure military operating bases be protected by Impro-
vised Explosive Device (IED) jammers.
Sec. 1404. Report on assessment process of Chairman of the Joint Chiefs of Staff
relating to Global War on Terrorism.
Sec. 1405. Treatment under Freedom of Information Act of certain confidential in-
formation shared with State and local personnel.
Sec. 1406. Database of emergency response capabilities.
TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO
OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
H. R. 5122--15
Sec. 1503.
Navy and Marine Corps procurement.
Sec. 1504.
Air Force procurement.
Sec. 1505.
Defense-wide activities procurement.
Sec. 1506.
Research, development, test and evaluation.
Sec. 1507.
Operation and maintenance.
Sec. 1508.
Defense Health Program.
Sec. 1509.
Classified programs.
Sec. 1510.
Military personnel.
Sec. 1511.
Treatment as additional authorizations.
Sec. 1512.
Transfer authority.
Sec. 1513.
Availability of funds.
Sec. 1514.
Joint Improvised Explosive Device Defeat Fund.
Sec. 1515.
Iraq Freedom Fund.
Sec. 1516.
Iraq Security Forces Fund.
Sec. 1517.
Afghanistan Security Forces Fund.
Sec. 1518.
Submittal to Congress of Department of Defense supplemental and cost
of war execution reports.
Sec. 1519. Limitation on availability of funds for certain purposes relating to Iraq.
Sec. 1520. Intelligence Community Management Account.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Recognition of Representative Joel Hefley upon his retirement from the
House of Representatives.
TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 2004, 2005, and
2006 projects.
TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain fiscal year 2006 project.
TITLE XXIV--DEFENSE AGENCIES
Sec. 2401.
Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402.
Family housing.
Sec. 2403.
Energy conservation projects.
Sec. 2404.
Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005.
Sec. 2405. Authorization of appropriations, Defense Agencies.
Sec. 2406. Modification of authority to carry out certain fiscal year 2006 project.
TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY
INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land acquisition
projects.
TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 2004 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2003 projects.
H. R. 5122--16
Sec. 2704. Effective date.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing Changes
Sec. 2801. Increase in maximum annual amount authorized to be obligated for
emergency military construction.
Sec. 2802. One-year extension of temporary, limited authority to use operation and
maintenance funds for construction projects outside the United States.
Sec. 2803. Repeal of requirement to determine availability of suitable alternative
housing for acquisition in lieu of construction of new family housing.
Sec. 2804. Authority to continue to occupy leased family housing for United States
Southern Command personnel.
Sec. 2805. Consideration of alternative and more efficient uses for general officer
and flag officer quarters in excess of 6,000 square feet.
Sec. 2806. Modification of notification requirements related to cost variation au-
thority.
Sec. 2807. Consideration of local comparability of floor areas in construction, acqui-
sition, and improvement of military unaccompanied housing.
Sec. 2808. Certification required for military construction projects for facilities de-
signed to provide training in urban operations.
Sec. 2809. Authority to carry out military construction projects in connection with
industrial facility investment program.
Sec. 2810. Repeal of special requirement for military construction contracts on
Guam.
Sec. 2811. Temporary expansion of authority to convey property at military instal-
lations to support military construction.
Sec. 2812. Pilot projects for acquisition or construction of military unaccompanied
housing.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Congressional notice requirements, in advance of acquisition of land by
condemnation for military purposes.
Sec. 2822. Consolidation of Department of Defense authorities regarding granting
of easements for rights-of-way.
Sec. 2823. Authority to grant restrictive easements for conservation purposes in
connection with land conveyances.
Sec. 2824. Maximum term of leases for structures and real property relating to
structures in foreign countries needed for purposes other than family
housing.
Sec. 2825. Consolidation of laws relating to transfer of Department of Defense real
property within the Department of Defense and to other Federal agen-
cies.
Sec. 2826. Defense access road program.
Sec. 2827. Reports on Army operational ranges.
Subtitle C--Base Closure and Realignment
Sec. 2831. Modification of deposit requirements in connection with lease proceeds
received at military installations approved for closure or realignment
after January 1, 2005.
Sec. 2832. Report on Air Force and Air National Guard bases affected by 2005
round of defense base closure and realignment.
Subtitle D--Land Conveyances
Sec. 2841. Conveyance of easement, Pine Bluff Arsenal, Arkansas.
Sec. 2842. Modification of land transfer authority, Potomac Annex, District of Co-
lumbia.
Sec. 2843. Land conveyance, Naval Air Station, Barbers Point, Hawaii.
Sec. 2844. Land conveyances, Omaha, Nebraska.
Sec. 2845. Land conveyance, Hopkinton, New Hampshire.
Sec. 2846. Land conveyance, North Hills Army Reserve Center, Allison Park, Penn-
sylvania.
Sec. 2847. Transfer of jurisdiction, Fort Jackson, South Carolina.
Sec. 2848. Sense of Congress regarding land conveyance involving Army Reserve
Center, Marshall, Texas.
Sec. 2849. Modifications to land conveyance authority, Engineering Proving
Ground, Fort Belvoir, Virginia.
Sec. 2850. Land conveyance, Radford Army Ammunition Plant, New River Unit,
Virginia. Subtitle E--Energy Security
Sec. 2851. Consolidation and enhancement of laws to improve Department of De-
fense energy efficiency and conservation.
H. R. 5122--17
Sec. 2852. Department of Defense goal regarding use of renewable energy to meet
electricity needs.
Sec. 2853. Congressional notification of cancellation ceiling for Department of De-
fense energy savings performance contracts.
Sec. 2854. Use of energy efficiency products in new construction.
Subtitle F--Other Matters
Sec. 2861. Availability of research and technical assistance under Defense Eco-
nomic Adjustment Program.
Sec. 2862. Availability of community planning assistance relating to encroachment
of civilian communities on military facilities used for training by the
Armed Forces.
Sec. 2863. Prohibitions against making certain military airfields or facilities avail-
able for use by civil aircraft.
Sec. 2864. Modification of certain transportation projects.
Sec. 2865. Availability of funds for South County Commuter Rail project, Provi-
dence, Rhode Island.
Sec. 2866. Fox Point Hurricane Barrier, Providence, Rhode Island.
Sec. 2867. Federal funding for fixed guideway projects.
Sec. 2868. Feasibility study regarding use of General Services Administration prop-
erty for Fort Belvoir, Virginia, realignment.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A--National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Plan for transformation of National Nuclear Security Administration nu-
clear weapons complex.
Sec. 3112. Extension of Facilities and Infrastructure Recapitalization Program.
Sec. 3113. Utilization of contributions to Global Threat Reduction Initiative.
Sec. 3114. Utilization of contributions to Second Line of Defense program.
Sec. 3115. Two-year extension of authority for appointment of certain scientific, en-
gineering, and technical personnel.
Sec. 3116. National Academy of Sciences study of quantification of margins and un-
certainty methodology for assessing and certifying the safety and reli-
ability of the nuclear stockpile.
Sec. 3117. Consolidation of counterintelligence programs of Department of Energy
and National Nuclear Security Administration.
Sec. 3118. Notice-and-wait requirement applicable to certain third-party financing
arrangements.
Sec. 3119. Extension of deadline for transfer of lands to Los Alamos County, New
Mexico, and of lands in trust for the Pueblo of San Ildefonso.
Sec. 3120. Limitations on availability of funds for Waste Treatment and Immo-
bilization Plant.
Sec. 3121. Report on Russian Surplus Fissile Materials Disposition Program.
Sec. 3122. Limitation on availability of funds for construction of MOX Fuel Fabrica-
tion Facility.
Sec. 3123. Education of future nuclear engineers.
Sec. 3124. Technical correction related to authorization of appropriations for fiscal
year 2006.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to required receipt objectives for previously authorized dis-
posals from National Defense Stockpile.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations
H. R. 5122--18
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2007.
Sec. 3502. Amendments relating to the Maritime Security Fleet program.
Sec. 3503. Applicability to certain Maritime Administration vessels of limitations
on overhaul, repair, and maintenance of vessels in foreign shipyards.
Sec. 3504. Vessel transfer authority.
Sec. 3505. United States Merchant Marine Academy graduates: service require-
ments.
Sec. 3506. United States Merchant Marine Academy graduates: service obligation
performance reporting requirement.
Sec. 3507. Temporary authority to transfer obsolete combatant vessels to Navy for
disposal.
Sec. 3508. Qualifying Reserve duty for receipt of student incentive payments.
Sec. 3509. Large passenger ship crew requirements.
Sec. 3510. Miscellaneous Maritime Administration provisions.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16)
of title 10, United States Code.
DIVISION A--DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
101. Army. Subtitle A--Authorization of Appropriations
102. Navy and Marine Corps.
103. Air Force.
104. Defense-wide activities.
Subtitle B--Army Programs
111. Sense of Congress on future multiyear procurement authority for Family of
Medium Tactical Vehicles.
112. Multiyear procurement authority for MH60R helicopters and mission equip-
ment.
113. Funding profile for Modular Force Initiative of the Army.
114. Bridge to Future Networks program.
115. Comptroller General report on the contract for the Future Combat Systems
program.
116. Priority for allocation of replacement equipment to operational units based on
combat mission deployment schedule.
Subtitle C--Navy Programs
121. CVN21 class aircraft carrier procurement.
122. Adherence to Navy cost estimates for CVN21 class of aircraft carriers.
123. Modification of limitation on total cost of procurement of CVN77 aircraft car-
rier.
124. Construction of first two vessels under the DDG1000 Next-Generation De-
stroyer program.
125. Adherence to Navy cost estimates for LHA Replacement amphibious assault
ship program.
126. Cost limitation for San Antonio (LPD17) class amphibious ship program.
127. Multiyear procurement authority for V22 tiltrotor aircraft program.
128. Alternative technologies for future surface combatants.
129. Sense of Congress regarding the size of the attack submarine force.
130. Quality control in procurement of ship critical safety items and related serv-
ices. Subtitle D--Air Force Programs
131. Bomber force structure.
132. Strategic airlift force structure.
133. Limitation on retirement of U2 aircraft.
134. Multiyear procurement authority for F22A Raptor fighter aircraft.
H. R. 5122--19
135. Limitation on retirement of KC135E aircraft during fiscal year 2007.
136. Limitation on retirement of F117A aircraft during fiscal year 2007.
137. Limitation on retirement of C130E tactical airlift aircraft.
138. Procurement of Joint Primary Aircraft Training System aircraft after fiscal
year 2006.
139. Minuteman III intercontinental ballistic missile modernization.
Subtitle E--Joint and Multiservice Matters
141. Clarification of limitation on initiation of new unmanned aerial vehicle sys-
tems.
Subtitle A--Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year
2007 for procurement for the Army as follows:
(1) For aircraft, $3,451,429,000.
(2) For missiles, $1,328,859,000.
(3) For weapons and tracked combat vehicles,
$2,278,604,000.
(4) For ammunition, $1,984,325,000.
(5) For other procurement, $7,687,502,000.
(6) For National Guard Equipment, $318,000,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.--Funds are hereby authorized to be appropriated
for fiscal year 2007 for procurement for the Navy as follows:
(1) For aircraft, $10,734,071,000.
(2) For weapons, including missiles and torpedoes,
$2,549,020,000.
(3) For shipbuilding and conversion, $11,021,553,000.
(4) For other procurement, $4,995,033,000.
(b) MARINE CORPS.--Funds are hereby authorized to be appro-
priated for fiscal year 2007 for procurement for the Marine Corps
in the amount of $1,253,813,000.
(c) NAVY AND MARINE CORPS AMMUNITION.--Funds are hereby
authorized to be appropriated for fiscal year 2007 for procurement
of ammunition for the Navy and the Marine Corps in the amount
of $797,943,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal year
2007 for procurement for the Air Force as follows:
(1) For aircraft, $12,179,154,000.
(2) For ammunition, $1,072,749,000.
(3) For missiles, $4,171,886,000.
(4) For other procurement, $15,443,286,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal year
2007 for Defense-wide procurement in the amount of
$2,886,361,000. H. R. 5122--20
Subtitle B--Army Programs
SEC. 111. SENSE OF CONGRESS ON FUTURE MULTIYEAR PROCURE-
MENT AUTHORITY FOR FAMILY OF MEDIUM TACTICAL
VEHICLES.
(a) FUTURE ACQUISITION STRATEGY.--It is the sense of Congress
that, as part of the Army's planning, programming, and budgeting
process for fiscal year 2008, the Secretary of the Army should
request from Congress authority by law to enter into a multiyear
procurement (MYP) contract for the Family of Medium Tactical
Vehicles (FMTV) program and that, in support of such request,
the Secretary should submit to Congress the necessary justification
materials required by law to justify a multiyear procurement (MYP)
contract, including the material required by section 2306b of title
10, United States Code.
(b) INCORPORATION OF PRODUCT IMPROVEMENTS.--It is the sense
of Congress that any proposal by the Secretary of the Army for
multiyear procurement authority for procurement of vehicles under
the Family of Medium Tactical Vehicles program should provide
for incorporation into the vehicles to be procured through such
authority of improvements from--
(1) lessons learned from operations involving the Global
War on Terrorism; and
(2) product improvement programs carried out for the
Family of Medium Tactical Vehicles program in the areas of
force protection, survivability, reliability, network communica-
tions, situational awareness, and safety.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR MH60R HELI-
COPTERS AND MISSION EQUIPMENT.
(a) MH60R HELICOPTER.--Subject to subsection (c), the Sec-
retary of the Army, acting as executive agent for the Department
of the Navy, may enter into a multiyear contract for the procure-
ment of MH60R helicopters.
(b) MH60R HELICOPTER MISSION EQUIPMENT.--Subject to sub-
section (c), the Secretary of the Navy may enter into a multiyear
contract for the procurement of MH60R helicopter mission equip-
ment for the helicopters covered by a multiyear contract under
subsection (a).
(c) CONTRACT REQUIREMENTS.--Any multiyear contract under
this section--
(1) shall be entered into in accordance with section 2306b
of title 10, United States Code, and shall commence with the
fiscal year 2007 program year; and
(2) shall provide that any obligation of the United States
to make a payment under the contract is subject to the avail-
ability of appropriations for that purpose.
SEC. 113. FUNDING PROFILE FOR MODULAR FORCE INITIATIVE OF
THE ARMY.
The Secretary of the Army shall set forth in the budget presen-
tation materials of the Army submitted to Congress in support
of the President's budget for any fiscal year after fiscal year 2007,
and in other relevant materials submitted to Congress with respect
to the budget of the Army for any such fiscal year, all amounts
for procurement for the M1A2 Abrams tank System Enhancement
Program (SEP) and for the Bradley A3 fighting vehicle as elements
H. R. 5122--21
within the amounts requested for the Modular Force Initiative
of the Army, in accordance with the report of the Army titled
``The Army Modular Force Initiative'', submitted to Congress in
March 2006.
SEC. 114. BRIDGE TO FUTURE NETWORKS PROGRAM.
(a) LIMITATION ON FISCAL YEAR 2007 AMOUNT.--Of the amount
authorized to be appropriated for the Army for fiscal year 2007
for Other Procurement, Army, that is available for the program
of the Army designated as the Bridge to Future Networks, not
more than 75 percent shall be made available for obligation until
the Secretary of the Army submits to the congressional defense
committees a report on that program that includes the matters
specified in subsection (b).
(b) MATTERS TO BE INCLUDED.--The report under subsection
(a) shall include the following:
(1) An analysis of how the systems specified in subsection
(c) will fit together, including, for each such system, an analysis
of whether there are opportunities to leverage technologies
and equipment from that system as part of the development
of the other systems.
(2) A description of the extent to which components of
the systems specified in subsection (c) could be used together
as elements of a single tactical network.
(3) A description of the strategy of the Army for completing
the systems engineering necessary to ensure the end-to-end
interoperability of a single tactical network referred to in para-
graph (2).
(4) An assessment of the costs of acquiring each of the
systems specified in subsection (c).
(5) An assessment of the technical compatibility of the
systems specified in subsection (c).
(6) A description of the plans of the Army for fielding
the systems specified in subsection (c).
(7) A description of the plans of the Army for sustaining
the Joint Network Node through fiscal year 2020 and an assess-
ment of the need to upgrade its technologies and equipment.
(8) A description of the plans of the Army for the insertion
of new technology into the Joint Network Node.
(c) SPECIFIED SYSTEMS.--The systems referred to in subsection
(b) are as follows:
(1) The Joint Network Node (JNN) element of the Bridge
to Future Networks program.
(2) The Warfighter Information Network-Tactical (WIN-
T) program.
(3) The Mounted Battle Command On-the-Move
(MBCOTM) system.
SEC. 115. COMPTROLLER GENERAL REPORT ON THE CONTRACT FOR
THE FUTURE COMBAT SYSTEMS PROGRAM.
(a) REPORT REQUIRED.--Not later than March 15, 2007, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the participation and
activities of the lead systems integrator in the Future Combat
Systems (FCS) program under the contract of the Army for the
Future Combat Systems.
(b) ELEMENTS.--The report required by subsection (a) shall
include the following:
H. R. 5122--22
(1) A description of the responsibilities of the lead systems
integrator in managing the Future Combat Systems program
under the contract for the Future Combat Systems, and an
assessment of the manner in which such responsibilities differ
from the typical responsibilities of a lead systems integrator
under acquisition contracts of the Department of Defense.
(2) A description and assessment of the responsibilities
of the Army in managing the Future Combat Systems program,
including oversight of the activities of the lead systems inte-
grator and the decisions made by the lead systems integrator.
(3) An assessment of the manner in which the Army--
(A) ensures that the lead systems integrator meets
goals for the Future Combat Systems in a timely manner;
and (B) evaluates the extent to which such goals are met.
(4) An identification of the mechanisms in place to ensure
the protection of the interests of the United States in the
Future Combat Systems program.
(5) An identification of the mechanisms in place to mitigate
organizational conflicts of interest with respect to competition
on Future Combat Systems technologies and equipment under
subcontracts under the Future Combat Systems program.
SEC. 116. PRIORITY FOR ALLOCATION OF REPLACEMENT EQUIPMENT
TO OPERATIONAL UNITS BASED ON COMBAT MISSION
DEPLOYMENT SCHEDULE.
The Secretary of Defense shall ensure that priority for the
distribution of new and combat-serviceable replacement equipment
acquired using funds authorized to be appropriated by this title
(together with associated support and test equipment) is given
to operational units (regardless of component) based on combat
mission deployment schedule.
Subtitle C--Navy Programs
SEC. 121. CVN21 CLASS AIRCRAFT CARRIER PROCUREMENT.
(a) CONTRACT AUTHORITY FOR CONSTRUCTION.--In the fiscal
year immediately following the last fiscal year of the contract for
advance procurement for a CVN21 class aircraft carrier designated
CVN78, CVN79, or CVN80, as applicable, the Secretary may
enter into a contract for the construction of such aircraft carrier
to be funded in the fiscal year of such contract for construction
and the succeeding three fiscal years.
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.--A con-
tract entered into under subsection (a) shall provide that any obliga-
tion of the United States to make a payment under the contract
for any subsequent fiscal year is subject to the availability of
appropriations for that purpose for such subsequent fiscal year.
(c) REPEAL OF SUPERCEDED PROVISION.--Section 128 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109163; 119 Stat. 3159) is repealed.
SEC. 122. ADHERENCE TO NAVY COST ESTIMATES FOR CVN21 CLASS
OF AIRCRAFT CARRIERS.
(a) LIMITATION.-- H. R. 5122--23
(1) LEAD SHIP.--The total amount obligated or expended
from funds appropriated or otherwise made available for Ship-
building and Conversion, Navy, or for any other procurement
account, for the aircraft carrier designated as CVN21 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 CVN21 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 CVN21 class of aircraft carriers by
the following:
(1) The amounts of increases or decreases in costs attrib-
utable to economic inflation after September 30, 2006.
(2) The amounts of increases or decreases in costs attrib-
utable to compliance with changes in Federal, State, or local
laws enacted after September 30, 2006.
(3) The amounts of outfitting costs and post-delivery costs
incurred for that ship.
(4) The amounts of increases or decreases in costs of that
ship that are attributable to insertion of new technology into
that ship, as compared to the technology baseline as it was
defined in the approved acquisition program baseline estimate
of December 2005.
(5) The amounts of increases or decreases to nonrecurring
design and engineering cost attributable to achieving compli-
ance with the cost limitation.
(6) The amounts of increases or decreases to cost required
to correct deficiencies that may affect the safety of the ship
and personnel or otherwise preclude the ship from safe oper-
ations and crew certification.
(c) LIMITATION ON TECHNOLOGY INSERTION COST ADJUST-
MENT.--The Secretary of the Navy may use the authority under
paragraph (4) of subsection (b) to adjust the amount set forth
in subsection (a) for a ship referred to in that subsection with
respect to insertion of new technology into that ship only if--
(1) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
would lower the life-cycle cost of the ship; or
(2) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
is required to meet an emerging threat and the Secretary
of Defense certifies to those committees that such threat poses
grave harm to national security.
(d) WRITTEN NOTICE OF CHANGE IN AMOUNT.--
(1) REQUIREMENT.--The Secretary of the Navy shall submit
to the congressional defense committees each year, at the same
time that the budget is submitted under section 1105(a) of
title 31, United States Code, for the next fiscal year, written
notice of any change in the amount set forth in subsection
(a) during the preceding fiscal year that the Secretary has
H. R. 5122--24
determined to be associated with a cost referred to in subsection
(b).
(2) EFFECTIVE DATE.--The requirement in paragraph (1)
shall become effective with the budget request for the year
of procurement of the first ship referred to in subsection (a).
SEC. 123. MODIFICATION OF LIMITATION ON TOTAL COST OF
PROCUREMENT OF CVN77 AIRCRAFT CARRIER.
Section 122(f)(1) of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 10585; 111 Stat. 1650) is amended
by striking ``$4,600,000,000 (such amount being the estimated cost
for the procurement of the CVN77 aircraft carrier in the March
1997 procurement plan)'' and inserting ``$6,057,000,000''.
SEC. 124. CONSTRUCTION OF FIRST TWO VESSELS UNDER THE DDG
1000 NEXT-GENERATION DESTROYER PROGRAM.
(a) AVAILABILITY OF FUNDS.--Of the amount authorized to be
appropriated by section 102(a)(3) for fiscal year 2007 for Ship-
building and Conversion, Navy, $2,568,000,000 may be available
for the construction of the first two vessels under the DDG1000
Next-Generation Destroyer program.
(b) CONTRACT AUTHORITY.--
(1) IN GENERAL.--The Secretary of the Navy may enter
into a contract beginning with the fiscal year 2007 program
year for procurement of each of the first two vessels under
the DDG1000 Next-Generation Destroyer program.
(2) LIMITATION.--Not more than one contract described in
paragraph (1) may be awarded under that paragraph to a
single shipyard.
(3) SPLIT FUNDING AUTHORIZED.--Each contract under para-
graph (1) shall contemplate funding for the procurement of
a vessel under such contract using a combination of funds
appropriated for fiscal year 2007 and funds appropriated for
fiscal year 2008.
(4) CONDITION ON OUT-YEAR CONTRACT PAYMENTS.--A con-
tract entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under such
contract for any fiscal year after fiscal year 2007 is subject
to the availability of appropriations for that purpose for such
fiscal year.
(c) SENSE OF CONGRESS ON FUNDING FOR FOLLOW-ON SHIPS.--
It is the sense of Congress that there is sufficient benefit to author-
izing the one-time exception provided in this section to the full
funding policy in order to support the competitive procurement
of the follow-on ships of the DDG1000 Next-Generation Destroyer
program. However, it is the expectation of Congress that the Sec-
retary of the Navy will structure the DDG1000 program so that
each ship, after the first two ships, is procured using the method
of full funding in a single year.
SEC. 125. ADHERENCE TO NAVY COST ESTIMATES FOR LHA REPLACE-
MENT AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) LIMITATION.--The total amount obligated or expended from
funds appropriated or otherwise made available for Shipbuilding
and Conversion, Navy, or for any other procurement account, for
procurement of any ship that is constructed under the LHA Replace-
ment (LHA(R)) amphibious assault ship program may not exceed
$2,813,600,000 (as adjusted pursuant to subsection (b)).
H. R. 5122--25
(b) ADJUSTMENT OF LIMITATION AMOUNT.--The Secretary of
the Navy may adjust the amount set forth in subsection (a) for
any ship constructed under the LHA Replacement amphibious
assault ship program by the following:
(1) The amounts of increases or decreases in costs attrib-
utable to economic inflation after September 30, 2006.
(2) The amounts of increases or decreases in costs attrib-
utable to compliance with changes in Federal, State, or local
laws enacted after September 30, 2006.
(3) The amounts of outfitting costs and post-delivery costs
incurred for that ship.
(4) The amounts of increases or decreases in costs of that
ship that are attributable to insertion of new technology into
that ship, as compared to the technology baseline as it was
defined at the development stage referred to as Milestone B.
(5) The amounts of increases or decreases to nonrecurring
design and engineering cost attributable to achieving compli-
ance with the cost limitation.
(6) The amounts of increases or decreases to cost required
to correct deficiencies that may affect the safety of the ship
and personnel or otherwise preclude the ship from safe oper-
ations and crew certification.
(7) Contract cost adjustments directly attributed to the
effect of Hurricane Katrina in August 2005 or other force
majeure contract modifications.
(c) LIMITATION ON TECHNOLOGY INSERTION COST ADJUST-
MENT.--The Secretary of the Navy may use the authority under
paragraph (4) of subsection (b) to adjust the amount set forth
in subsection (a) for a ship referred to in that subsection with
respect to insertion of new technology into that ship only if--
(1) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
would lower the life-cycle cost of the ship; or
(2) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
is required to meet an emerging threat and the Secretary
of Defense certifies to those committees that such threat poses
grave harm to national security.
(d) WRITTEN NOTICE OF CHANGE IN AMOUNT.--
(1) REQUIREMENT.--The Secretary of the Navy shall submit
to the congressional defense committees each year, at the same
time that the budget is submitted under section 1105(a) of
title 31, United States Code, for the next fiscal year, written
notice of any change in the amount set forth in subsection
(a) during the preceding fiscal year that the Secretary has
determined to be associated with a cost referred to in subsection
(b).
(2) EFFECTIVE DATE.--The requirement in paragraph (1)
shall become effective with the budget request for the year
of procurement of the first ship referred to in subsection (a).
SEC. 126. COST LIMITATION FOR SAN ANTONIO (LPD17) CLASS
AMPHIBIOUS SHIP PROGRAM.
(a) LIMITATION.--
(1) PROCUREMENT COST.--The total amount obligated or
expended from funds appropriated or otherwise made available
for Shipbuilding and Conversion, Navy, for the San Antonio-
H. R. 5122--26
class amphibious ships designated as LPD22, LPD23, LPD
24, and LPD25 may not exceed the amount for each such
vessel specified in paragraph (2).
(2) SPECIFIED COST LIMIT BY VESSEL.--The limitation under
this subsection for each vessel specified in paragraph (1) is
the following:
(A) For the LPD22 ship, $1,523,000,000 (as adjusted
pursuant to subsection (b)).
(B) For the LPD23 ship, $1,477,000,000 (as adjusted
pursuant to subsection (b)).
(C) For the LPD24 ship, $1,633,000,000 (as adjusted
pursuant to subsection (b)).
(D) For the LPD25 ship, $1,927,000,000 (as adjusted
pursuant to subsection (b)).
(b) ADJUSTMENT OF LIMITATION AMOUNTS.--The Secretary of
the Navy may adjust the amount set forth in subsection (a) for
any ship specified in that subsection by the following:
(1) The amounts of increases or decreases in costs attrib-
utable to economic inflation after September 30, 2006.
(2) The amounts of increases or decreases in costs attrib-
utable to compliance with changes in Federal, State, or local
laws enacted after September 30, 2006.
(3) The amounts of outfitting costs and post-delivery costs
incurred for that ship.
(4) The amounts of increases or decreases in costs of that
ship that are attributable to insertion of new technology into
that ship, as compared to the technology built into the U.S.S.
San Antonio (LPD17), the lead ship of the LPD17 class.
(5) Contract cost adjustments directly attributed to the
effect of Hurricane Katrina in August 2005 or other force
majeure contract modifications.
(6) The amounts of closeout costs associated with comple-
tion of the LPD17 class program.
(c) LIMITATION ON TECHNOLOGY INSERTION COST ADJUST-
MENT.--The Secretary of the Navy may use the authority under
paragraph (4) of subsection (b) to adjust the amount set forth
in subsection (a) for any LPD17 class ship with respect to insertion
of new technology into that ship only if--
(1) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
would lower the life-cycle cost of the ship; or
(2) the Secretary determines, and certifies to the congres-
sional defense committees, that insertion of the new technology
is required to meet an emerging threat and the Secretary
of Defense certifies to those committees that such threat poses
grave harm to national security.
(d) WRITTEN NOTICE OF CHANGE IN AMOUNT.--
(1) REQUIREMENT.--The Secretary of the Navy shall submit
to the congressional defense committees each year, at the same
time that the budget is submitted under section 1105(a) of
title 31, United States Code, for the next fiscal year, written
notice of any change in the amount set forth in subsection
(a) during the preceding fiscal year that the Secretary has
determined to be associated with a cost referred to in subsection
(b). H. R. 5122--27
(2) EFFECTIVE DATE.--The requirement in paragraph (1)
shall become effective with the budget request for the year
of procurement of the first ship referred to in subsection (a).
SEC. 127. MULTIYEAR PROCUREMENT AUTHORITY FOR V22
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 V22 tiltrotor aircraft.
SEC. 128. ALTERNATIVE TECHNOLOGIES FOR FUTURE SURFACE
COMBATANTS.
(a) FINDINGS.--Congress makes the following findings:
(1) Securing and maintaining access to affordable and
plentiful sources of energy is a vital national security interest
for the United States.
(2) The Nation's dependence upon foreign oil is a threat
to national security due to the inherently volatile nature of
the global oil market and the political instability of some of
the world's largest oil producing states.
(3) Given the recent increase in the cost of crude oil,
which cannot realistically be expected to improve over the
long term, other energy sources must be seriously considered.
(4) Alternate propulsion sources such as nuclear power
offer many advantages over conventional power for major sur-
face combatant ships of the Navy, including--
(A) virtually unlimited high-speed endurance;
(B) elimination of vulnerable refueling; and
(C) reduction in the requirement for replenishment
vessels and the need to protect those vessels.
(b) SENSE OF CONGRESS.--In light of the findings in subsection
(a), it is the sense of Congress that the Navy should make greater
use of alternative technologies, including expanded application of
integrated power systems, fuel cells, and nuclear power, for propul-
sion of future major surface combatant ships.
(c) REQUIREMENT.--The Secretary of the Navy shall include
integrated power systems, fuel cells, and nuclear power as propul-
sion alternatives to be evaluated within the analysis of alternatives
for future major surface combatant ships.
SEC. 129. SENSE OF CONGRESS REGARDING THE SIZE OF THE ATTACK
SUBMARINE FORCE.
(a) FINDINGS.--Congress makes the following findings:
(1) The United States Navy must be large enough, agile
enough, and lethal enough to deter any threat and defeat
any foe.
(2) The proliferation of modern nuclear and nonnuclear
submarines in the navies of nations around the globe will
make undersea superiority a more significant challenge in the
future.
(3) The unique combination of firepower, stealth, sensors,
and communications equipment contained in a modern attack
submarine make the attack submarine a critical component
of the Armed Forces of the United States.
H. R. 5122--28
(4) The report entitled ``Report to Congress on Annual
Long-Range Plan for Construction of Naval Vessels for fiscal
year 2007'', submitted to Congress by the Secretary of the
Navy pursuant to section 231 of title 10, United States Code--
(A) identifies future naval force structure requirements
indexed to Department of Defense fiscal year 2020 threat
assessments and compliant with the Fiscal Year 2006
Quadrennial Defense Review and, with respect to the
attack submarine force, identifies a need for the Navy
to maintain a fleet of not less than 48 attack submarines;
and (B) projects that the attack submarine force will fall
below 48 vessels between 2020 and 2032.
(b) SENSE OF CONGRESS.--In light of the findings in subsection
(a), it is the sense of Congress that the Secretary of the Navy
should take all reasonable effort to accelerate the construction
of Virginia Class submarines to maintain the attack submarine
force structure at not less than 48 submarines and (if the number
of attack submarines should fall below 48), to minimize the period
the attack submarine force remains below 48 vessels.
SEC. 130. QUALITY CONTROL IN PROCUREMENT OF SHIP CRITICAL
SAFETY ITEMS AND RELATED SERVICES.
(a) QUALITY CONTROL POLICY.--The Secretary of Defense shall
prescribe in regulations a quality control policy for the procurement
of the following:
(1) Ship critical safety items.
items.(2) Modifications, repair, and overhaul of ship critical safety
(b) ELEMENTS.--The policy required under subsection (a) shall
include requirements as follows:
(1) That the head of the design control activity for ship
critical safety items establish processes to identify and manage
the procurement, modification, repair, and overhaul of such
items.(2) That the head of the contracting activity for a ship
critical safety item enter into a contract for the procurement,
modification, repair, or overhaul of such item only with a source
on a qualified manufacturers list or a source approved by
the design control activity in accordance with section 2319
of title 10, United States Code (as amended by subsection
(d)).
(3) That the ship critical safety items delivered, and the
services performed with respect to such items, meet all technical
and quality requirements specified by the design control
activity.
(c) DEFINITIONS.--In this section, the terms ``ship critical safety
item'' and ``design control activity'' have the meanings given such
terms in subsection (g) of section 2319 of title 10, United States
Code (as so amended).
(d) CONFORMING AMENDMENTS.--Section 2319 of title 10,
United States Code, is amended--
(1) in subsection (c)(3), by inserting ``or ship critical safety
item'' after ``aviation critical safety item''; and
(2) in subsection (g)--
(A) by redesignating paragraph (2) as paragraph (3);
H. R. 5122--29
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The term `ship critical safety item' means any ship
part, assembly, or support equipment containing a char-
acteristic the failure, malfunction, or absence of which could
cause a catastrophic or critical failure resulting in loss of or
serious damage to the ship or unacceptable risk of personal
injury or loss of life.''; and
(C) in paragraph (3), as so redesignated--
(i) by inserting ``or ship critical safety item'' after
``aviation critical safety item'';
(ii) by inserting ``, or the seaworthiness of a ship
or ship equipment,'' after ``equipment''; and
(iii) by striking ``the item'' and inserting ``such
item''.
Subtitle D--Air Force Programs
SEC. 131. BOMBER FORCE STRUCTURE.
(a) REQUIREMENT FOR B52 FORCE STRUCTURE.--
(1) RETIREMENT LIMITATION.--During the B52 retirement
limitation period, the Secretary of the Air Force--
(A) may not retire more than 18 B52 aircraft; and
(B) shall maintain not less than 44 such aircraft as
combat-coded aircraft.
(2) B52 RETIREMENT LIMITATION PERIOD.--For purposes
of paragraph (1), the B52 retirement limitation period is the
period beginning on the date of the enactment of this Act
and ending on the date that is the earlier of--
(A) January 1, 2018; and
(B) the date as of which a long-range strike replace-
ment aircraft with equal or greater capability than the
B52H model aircraft has attained initial operational capa-
bility status.
(b) LIMITATION ON RETIREMENT PENDING REPORT ON BOMBER
FORCE STRUCTURE.--
(1) LIMITATION.--No funds authorized to be appropriated
for the Department of Defense may be obligated or expended
for retiring any of the 93 B52H bomber aircraft in service
in the Air Force as of the date of the enactment of this Act
until 45 days after the date on which the Secretary of the
Air Force submits the report specified in paragraph (2).
(2) REPORT.--A report specified in this subsection is a
report submitted by the Secretary of the Air Force to the
Committees on Armed Services of the Senate and the House
of Representatives on the amount and type of bomber force
structure of the Air Force, including the matters specified in
paragraph (4).
(3) AMOUNT AND TYPE OF BOMBER FORCE STRUCTURE
DEFINED.--In this subsection, the term ``amount and type of
bomber force structure'' means the number of each of the fol-
lowing types of aircraft that are required to carry out the
national security strategy of the United States:
(A) B2 bomber aircraft.
(B) B52H bomber aircraft.
(C) B1 bomber aircraft.
H. R. 5122--30
(4) MATTER TO BE INCLUDED.--A report under paragraph
(2) shall include the following:
(A) The plan of the Secretary of the Air Force for
the modernization of the B52, B1, and B2 bomber air-
craft fleets.
(B) The amount and type of bomber force structure
for the conventional mission and strategic nuclear mission
in executing two overlapping ``swift defeat'' campaigns.
(C) A justification of the cost and projected savings
of any reductions to the B52H bomber aircraft fleet as
a result of the retirement of the B52H bomber aircraft
covered by the report.
(D) The life expectancy of each bomber aircraft to
remain in the bomber force structure.
(E) The capabilities of the bomber force structure that
would be replaced, augmented, or superseded by any new
bomber aircraft.
(5) PREPARATION OF REPORT.--A report under paragraph
(2) shall be prepared by the Institute for Defense Analyses
and submitted to the Secretary of the Air Force for submittal
by the Secretary in accordance with that paragraph.
SEC. 132. STRATEGIC AIRLIFT FORCE STRUCTURE.
Section 8062 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g)(1) Effective October 1, 2008, the Secretary of the Air Force
shall maintain a total aircraft inventory of strategic airlift aircraft
of not less than 299 aircraft.
``(2) In this subsection:
``(A) The term `strategic airlift aircraft' means an aircraft--
and ``(i) that has a cargo capacity of at least 150,000 pounds;
``(ii) that is capable of transporting outsized cargo an
unrefueled range of at least 2,400 nautical miles.
``(B) The term `outsized cargo' means any single item of
equipment that exceeds 1,090 inches in length, 117 inches
in width, or 105 inches in height.''.
SEC. 133. LIMITATION ON RETIREMENT OF U2 AIRCRAFT.
(a) FISCAL YEAR 2007.--The Secretary of the Air Force may
not retire any U2 aircraft of the Air Force in fiscal year 2007.
(b) YEARS AFTER FISCAL YEAR 2007.--
(1) CERTIFICATION REQUIRED.--After fiscal year 2007, the
Secretary of the Air Force may retire a U2 aircraft only
if the Secretary of Defense certifies to Congress that the intel-
ligence, surveillance, and reconnaissance (ISR) capabilities pro-
vided by the U2 aircraft no longer contribute to mitigating
any gaps in intelligence, surveillance, and reconnaissance
capabilities identified in the 2006 Quadrennial Defense Review.
(2) LIMITATIONS.--No action may be taken by the Depart-
ment of Defense to retire (or to prepare to retire) any U
2 aircraft before a certification specified in paragraph (1) is
submitted to Congress. If such a certification is submitted,
no such action may be taken until after the end of the 60-
day period beginning on the date on which the certification
is submitted.
H. R. 5122--31
SEC. 134. MULTIYEAR PROCUREMENT AUTHORITY FOR F22A RAPTOR
FIGHTER AIRCRAFT.
(a) PROHIBITION ON USE OF INCREMENTAL FUNDING.--The Sec-
retary of the Air Force may not use incremental funding for the
procurement of F22A aircraft.
(b) MULTIYEAR AUTHORITY.--The Secretary of the Air Force
may enter into a multiyear contract for the procurement of up
to 60 F22A Raptor fighter aircraft beginning with the 2007 pro-
gram year.
(c) COMPLIANCE WITH LAW APPLICABLE TO MULTIYEAR CON-
TRACTS.--A contract under subsection (b) for the procurement of
F22A aircraft shall be entered into in accordance with section
2306b of title 10, United States Code, except that, notwithstanding
subsection (k) of that section, such a contract may not be for
a period in excess of three program years.
(d) SECRETARY OF DEFENSE CERTIFICATION.--In the case of
a contract under subsection (b) for the procurement of F22A air-
craft, a certification under subsection (i)(1)(A) of section 2306b
of title 10, United States Code, with respect to that contract may
only be submitted if the certification includes an additional certifi-
cation by the Secretary that each of the conditions specified in
subsection (a) of that section has been satisfied with respect to
that contract, as follows:
(1) That the use of such contract will result in substantial
savings of the total anticipated costs of carrying out the pro-
gram through annual contracts.
(2) That the minimum need for the property to be pur-
chased is expected to remain substantially unchanged during
the contemplated contract period in terms of production rate,
procurement rate, and total quantities.
(3) That there is a reasonable expectation that throughout
the contemplated contract period the Secretary of the Air Force
will request funding for the contract at the level required
to avoid contract cancellation.
(4) That there is a stable design for the property to be
acquired and that the technical risks associated with such
property are not excessive.
(5) That the estimates of both the cost of the contract
and the anticipated cost avoidance through the use of a
multiyear contract are realistic.
(6) That the use of such contract will promote the national
security of the United States.
In certifying that the cost savings are substantial, the Secretary
shall duly consider the historical cost savings that led to a decision
to proceed with a multiyear procurement contract under section
2306b of title 10, United States Code, in the case of previous
aviation-related multiyear contracts authorized by law dating back
to fiscal year 1982.
(e) FFRDC COST REPORT.--The Secretary of Defense shall pro-
vide for a federally funded research and development center (other
than the Institute for Defense Analyses) to report on the cost
estimates for a three year, 60-aircraft, F22A multiyear procure-
ment program, beginning in fiscal year 2007, compared to a cor-
responding annual procurement program.
(f) NOTICE-AND-WAIT REQUIREMENT.--Upon submission to Con-
gress of a certification referred to in subsection (d) with respect
to a proposed contract under subsection (b) for the procurement
H. R. 5122--32
of F22A aircraft and the Secretary's submission to the congres-
sional defense committees of the report referred to in subsection
(e), the contract may then be entered into only after the end
of the 30-day period beginning on the later of the date of the
submission of the certification or the date of the submission of
the report.
SEC. 135. LIMITATION ON RETIREMENT OF KC135E AIRCRAFT DURING
FISCAL YEAR 2007.
(a) LIMITATION.--The number of KC135E 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 KC135E 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 F117A AIRCRAFT DURING
FISCAL YEAR 2007.
(a) LIMITATION.--The number of F117A 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 F117A aircraft that is retired by
the Secretary after September 30, 2006, in a condition that would
allow recall of that aircraft to future service.
SEC. 137. LIMITATION ON RETIREMENT OF C130E TACTICAL AIRLIFT
AIRCRAFT.
(a) LIMITATION.--The number of C130E tactical airlift aircraft
retired by the Secretary of the Air Force during fiscal year 2007
may not exceed 51.
(b) TREATMENT OF RETIRED AIRCRAFT.--The Secretary of the
Air Force shall maintain each C130E tactical airlift aircraft that
is retired by the Secretary after September 30, 2006, in a condition
that would allow recall of that aircraft to future service.
SEC. 138. PROCUREMENT OF JOINT PRIMARY AIRCRAFT TRAINING
SYSTEM AIRCRAFT AFTER FISCAL YEAR 2006.
Any Joint Primary Aircraft Training System (JPATS) aircraft
procured after fiscal year 2006 shall be procured through a contract
under part 15 of the Federal Acquisition Regulation (FAR), relating
to acquisition of items by negotiated contract (48 C.F.R. 15.000
et seq.), rather than through a contract under part 12 of the
Federal Acquisition Regulation, relating to acquisition of commer-
cial items (48 C.F.R. 12.000 et seq.).
SEC. 139. MINUTEMAN III INTERCONTINENTAL BALLISTIC MISSILE
MODERNIZATION.
(a) MODERNIZATION OF INTERCONTINENTAL BALLISTIC MISSILES
REQUIRED.--The Secretary of the Air Force shall modernize Minute-
man III intercontinental ballistic missiles in the United States
inventory as required to maintain a sufficient supply of launch
test assets and spares to sustain the deployed force of such missiles
through 2030.
H. R. 5122--33
(b) LIMITATION ON TERMINATION OF MODERNIZATION PROGRAMS
PENDING REPORT.--
(1) LIMITATION.--No funds authorized to be appropriated
for the Department of Defense may be obligated or expended
for the termination of any ICBM modernization program with
respect to the Minuteman III intercontinental ballistic missile
system, or for the withdrawal of any Minuteman III interconti-
nental ballistic missile from the active force, until 30 days
after the date on which the Secretary of Defense submits to
the congressional defense committees a report described in
subsection (c).
(2) ICBM MODERNIZATION PROGRAM DEFINED.--In this sub-
section, the term ``ICBM Modernization program'' means each
of the following:
(A) The Guidance Replacement Program (GRP).
(B) The Propulsion Replacement Program (PRP).
gram.(C) The Propulsion System Rocket Engine (PSRE) pro-
gram.(D) The Safety Enhanced Reentry Vehicle (SERV) pro-
(c) REPORT ELEMENTS.--A report under subsection (b)(1) is
a report setting forth the following:
(1) A detailed strategic justification for the proposal to
reduce the Minuteman III intercontinental ballistic missile force
from 500 to 450 missiles, including an analysis of the effects
of the reduction on the ability of the United States to assure
allies and dissuade potential competitors.
(2) A detailed analysis of the strategic ramifications of
continuing to equip a portion of the Minuteman III missile
force with multiple independent warheads rather than single
warheads.
(3) An assessment of the test assets and spares required
to maintain a force of 500 deployed Minuteman III missiles
through 2030.
(4) An assessment of the test assets and spares required
to maintain a force of 450 deployed Minuteman III missiles
through 2030.
(5) An inventory of currently available Minuteman III mis-
sile test assets and spares.
(6) A plan to sustain and complete the modernization of
all deployed and spare Minuteman III missiles, a test plan,
and an analysis of the funding required to carry out moderniza-
tion of all deployed and spare Minuteman III missiles.
(7) An assessment of whether halting upgrades to the
Minuteman III missiles withdrawn from the deployed force
would compromise the ability of those missiles to serve as
test assets.
(8) A description of the plan of the Department of Defense
for extending the life of the Minuteman III missile force beyond
fiscal year 2030.
H. R. 5122--34
Subtitle E--Joint and Multiservice Matters
SEC. 141. CLARIFICATION OF LIMITATION ON INITIATION OF NEW
UNMANNED AERIAL VEHICLE SYSTEMS.
(a) APPLICABILITY OF LIMITATION ONLY TO PROCUREMENT
FUNDS.--Subsection (a) of section 142 of National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109163; 119
Stat. 3164) is amended--
(1) by inserting ``for procurement'' after ``the Department
of Defense''; and
(2) by inserting before the period at the end the following:
``(or by an official within the Office of the Under Secretary
designated by the Under Secretary for that purpose)''.
(b) APPLICABILITY ONLY TO NEW SYSTEMS.--Subsection (b) of
that section is amended to read as follows:
``(b) EXCEPTION FOR EXISTING SYSTEMS.--The limitation in sub-
section (a) does not apply with respect to an unmanned aerial
vehicle (UAV) system (or any component or other item of associated
equipment of any such system described in subsection (a)) if as
of January 6, 2006--
``(1) the system (or component or item of associated equip-
ment) to be procured is otherwise under contract or has pre-
viously been procured by the Department; or
``(2) funds have been appropriated but not yet obligated
for the system (or component or item of associated equipment).''.
TITLE II--RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Acquisition of, and independent cost analyses for, the Joint Strike Fighter
propulsion system.
Sec. 212. Expansion and extension of authority to award prizes for advanced tech-
nology achievements.
Sec. 213. Defense Acquisition Challenge Program extension, enhancement, and
modification to address critical cost growth threshold breaches in major
defense acquisition programs.
Sec. 214. Future Combat Systems milestone review.
Sec. 215. Dedicated amounts for implementing or evaluating Navy shipbuilding
technology proposals under Defense Acquisition Challenge Program.
Sec. 216. Independent estimate of costs of the Future Combat Systems.
Sec. 217. Funding of defense science and technology programs.
Sec. 218. Hypersonics development.
Sec. 219. Report on program for replacement of nuclear warheads on certain Tri-
dent sea-launched ballistic missiles with conventional warheads.
Subtitle C--Missile Defense Programs
Sec. 221. Fielding of ballistic missile defense capabilities.
Sec. 222. Limitation on use of funds for space-based interceptor.
Sec. 223. Policy of the United States on priorities in the development, testing, and
fielding of missile defense capabilities.
Sec. 224. One-year extension of Comptroller General assessments of ballistic mis-
sile defense programs.
Sec. 225. Submittal of plans for test and evaluation of the operational capability of
the Ballistic Missile Defense System.
Sec. 226. Annual reports on transition of ballistic missile defense programs to the
military departments.
H. R. 5122--35
Subtitle D--Other Matters
Sec. 231. Policies and practices on test and evaluation to address emerging acquisi-
tion approaches.
Sec. 232. Extension of requirement for Global Research Watch Program.
Sec. 233. Sense of Congress on technology sharing of Joint Strike Fighter tech-
nology.
Sec. 234. Report on vehicle-based active protection systems for certain battlefield
threats.
Subtitle A--Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2007 for the use of the Department of Defense for research, develop-
ment, test, and evaluation as follows:
(1) For the Army, $10,876,609,000.
(2) For the Navy, $17,383,857,000.
(3) For the Air Force, $24,235,951,000.
(4) For Defense-wide activities, $21,111,559,000, of which
$181,520,000 is authorized for the Director of Operational Test
and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) FISCAL YEAR 2007.--Of the amounts authorized to be appro-
priated by section 201, $11,662,554,000 shall be available for the
Defense Science and Technology Program, including basic research,
applied research, and advanced technology development projects.
(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED TECH-
NOLOGY DEVELOPMENT DEFINED.--For purposes of this section, the
term ``basic research, applied research, and advanced technology
development'' means work funded in program elements for defense
research and development under Department of Defense budget
activity 1, 2, or 3.
Subtitle B--Program Requirements,
Restrictions, and Limitations
SEC. 211. ACQUISITION OF, AND INDEPENDENT COST ANALYSES FOR,
THE JOINT STRIKE FIGHTER PROPULSION SYSTEM.
(a) ACQUISITION.--
(1) IN GENERAL.--The Secretary of Defense shall provide
for the development and procurement of the propulsion system
for the Joint Strike Fighter aircraft through the continued
development and sustainment of two interchangeable propul-
sion systems for that aircraft by two separate contractors
throughout the life cycle of the aircraft.
(2) MODIFICATIONS PROHIBITED.--Except as provided by
paragraph (3), the Secretary may not carry out any modification
to the acquisition program for the Joint Strike Fighter aircraft
that would result in the development or procurement of the
propulsion system for that aircraft in a manner other than
that required by paragraph (1).
(3) MODIFICATIONS ALLOWED.--Notwithstanding paragraph
(1), a modification described in paragraph (2) may be carried
H. R. 5122--36
out to the extent that each of the following requirements is
met: (A) The Secretary of Defense has notified the congres-
sional defense committees of the modification.
(B) Each of the reports required by subsection (b) has
been submitted.
(C) Funds are appropriated for that purpose pursuant
to an authorization of appropriations.
(b) INDEPENDENT COST ANALYSES.--
(1) IN GENERAL.--A comprehensive and detailed cost anal-
ysis of the Joint Strike Fighter engine program shall be
independently performed by each of the following:
(A) The Comptroller General.
(B) A federally funded research and development center
selected by the Secretary of Defense.
(C) The Secretary of Defense, acting through the Cost
Analysis Improvement Group of the Office of the Secretary
of Defense.
(2) MATTERS COVERED.--Each such cost analysis shall
cover-- (A) an alternative under which the Joint Strike Fighter
aircraft is capable of using the F135 engine only;
(B) an alternative under which the program executes
a one-time firm-fixed price contract for a selected propul-
sion system for the Joint Strike Fighter aircraft for the
life cycle of the aircraft following the Initial Service Release
of the propulsion system in fiscal year 2008;
(C) an alternative under which the Joint Strike Fighter
aircraft is capable of using either the F135 engine or the
F136 engine, and the engine selection is carried out on
a competitive b