Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

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INDEX TO APPENDIX Document Extract NDAA 2007 .................................................. Extract NDAA 2006 ................................................. Pa_a_gg 1 17

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H. R. 5122

AT TI-IE SECOND SESSION Begun and held at the City of Washil~gton on Tuesday, the third day of January~ two thousand and six

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 tb,~. following findings: (1) Senator John Warner of Virginia was elected a member of the United States Senate on November 7, 1978, for a full term beginning on January 3, 1979. He was subsequently "appointed by the Governor of Virginia to fill a vacancy on January 2, 1979, and has served continuously since that date. He was appointed a member of the Committee on Armed Services in January 1979, and has served continuously on the Committee since that date, a period of nearly 28 years. Senator Warner's service on the Committee represents nearly half of its existence since it was established after World War II. (2) Senator Warner came to the Senate a~.d the Committee on Armed Services after a distinguished record of service to the Nation, including combat service in the Armed Forces and high civilian office. (3) Senator Warner enlisted in the United States Navy upon graduation from high school in 1945, and served until the summer of 1946, when he was discharged as a Petty Officer 3rd Class. He then attended Washington. and Lee University on the G.I. Bill. He graduated in 1949 and entered the University of Virginia Law School. (4) Upon the outbreak of the U.orean War in 1950, Senator Warner volunteered for active du~y, interrupting his education to accept a commission in the United States Marine Corps. He served in combat in Korea as a ground officer in the First Marine Air Wing. Following his active service, he remained in the Marine Corps Reserve for several years, attaining the rank of captain. (5) Senator Warner resumed his legal education upon returning from the Korean War and graduated from the University of Virginia Law School in 1953. He was selected by the late Chief Judge E. Barrett Prettyman of the United States Court of Appeals for the District of Columbia Circuit as his law clerk. After his service to Judge Prettyman, Senator Warner

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H. R. 5122--165 with respect to service by members of the Armed Forces in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom for months beginning on or after that date.
SEC. 607. CLARIFICATION OF EFFECTIVE DATE OF PROHIBITION ON CO1VIPENSATION FOR CORRESPONDENCE COURSES.

Section 206(d) of title 37, United States Code, is amended by adding at the end the following new paragraph: "(3) The prohibition in paragraph (1), including the prohibition as it relates to a member of the National Guard while not in Federal service, applies to-"(A) any work or study performed on or after September 7, 1962, unless that work or study is specifically covered by the exception in paragraph (2); and "(B) any claim based on that work or study arising after that date.".
SEC. 608. EXTENSION OF PILOT PROGRAM ON CONTRIBUTIONS TO THRIFT SAVINGS PLAN FOR INITIAL ENLISTEES IN Tt:£E ARMY.

(a) EXTENSION.--Subsection (a) of section 606 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109163; 119 Stat. 3287; 37 U.S.C. 211 note) is amended by striking "During fiscal year 2006" and inserting "During the period beginning on January 6, 2006, and ending on December 31, 2008". (b) REPORT DATE.--Subsection (d)(1) of such section is amended by s~ritdng "February 1, 2007" and inserting "February 1, 2008".

Subtitle BnBonuses and Special and Incentive Pays
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORITIES FOR RESERVE FORCES. ~a) SELECTED RESERVE REENLISTMENT BoNus.--Section 308b(g) of title 37, United States Code, is amended by striking "December 31, 2006" and inserting "December 31, 2007".

Section 308c(i) of such title is amended by striking '~December 31, 2006" and inserting "December 31, 2007".
(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN

(b) SELECTED RESERVE AFFILIATION OR ENLISTMENT BORrUS.-

HIGH PRIORITY UNIWS.--Sec~ion 308d(c) of such title is amended by striking "December 31, 2006" and inserting "December 31, 2007". PRIOR SERVICE.--Section 308g(f)(2) of such title is amended by striking "December 31, 2006" and inserting "December 31, 2007". (e) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS FOR PERSONS WITH PRIOR SERVICE.--Section 308h(e) of such title is amended by striking "December 31, 2006" and inserting "December 31, 2007". (f) SELECTED RESERVE ENLISTMENT BONUS FOR PERSONS WITH PRIOR SERVICE.--Section 308i(f) of such title is amended by striking "December 31, 2006" and inserting "December 31, 2007".
(d) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT

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United States of America

PROCEEDINGS AND DEBATES OF THE 109

th CONGRESS, SECOND SESSION
No. 125--Book II

VoL 152

WASHINGTON, FRIDAY, SEPTEMBER 29, 2006

of Representatives
member of the committee from I987 to 1993, and (2) Senator Warner came to the Senate and CONFERENCE REPORT ON H.R. 5122, again from 2001 to 2003. Senator Warner conJOHN WARNER NATION~ DE- the Committee on Armed Services after a distinguished record of service to the Nation, includcludes his service as chairman at the end of the FENSE AUTHORIZATION ACT FOR ing combat service in the Armed Forces and high 109th Congress, but will remain a member of FISCAL YEAR 2007 civilian office. committee, 1Vir. HUNTER of California (during (9) This Act is the twenty-eighth annual (3) Senator Warner enlisted in the United States Navy upon graduation from high school thorization Act for the Department of Defense consideration of H. Res. 1058) subin 1945, and served until the summer of I946, for which Senator Warner has taken a major mitred the following conference report when he was diseharyed as a Petty Officer 3rd sponsibility as a member o1" the Committee on and statement on the bill (H.R. 5122) to Class. He then attended Washington and Lee Armed Services of the United States Senate, and authorize appropriations for fiscal yeax University on the G.I, Bill. He graduated in 1949 the fourteenth for which he has exercised a 2007 for military activities of the De- and entered the Univer~ty of Virginia Law leadership role as chairman or ranking minority partment of Defense, for military con- School. member of the committee. (4) Upon the outbreak off the Korean War in struction, and for defense activities of (10) Senator Warner, as seaman, Marine officer, Under Secretary and Secretary off lhe Navy, the Department of Energy, to prescribe 1950, Senator Warner volunteered for active duty, interrupting his education to accept a and member, ranking minority member, and military personnel strengths for such commission in the United States Marine Corps. chairman of the Committee on Armed Services fiscal year, and for other purposes: He served in combat in Korea as a ground offithe United States Senate, has made unique and OONFERENCE REPORT (H. REPT. 109-702) cer in the F~rst Marine Air Wing. Following hiz lasting contributions to the national security of The Committee of conference on the dis- active service, he remained ~n the Marine Corps United States. the agreeing votes of the two Houses on the Reserve for several years, attaining the rank of (11) It is altogether fitting and proper that captain. amendment of the Senate to the bill (H.R. this Act, the last annual authorization Act for (5) Senator Warner resumed his legal edu5122), to authorize appropriations for fiscal the national defense managed by Senator Waryear 2007 for military activities of the De- cation upon returning from the Korean War and ner in and for the United States Senate as parVrnent of Defense, for military construc- graduated from the University off Virginia Law chairman of the Committee on Armed Services, tion, and for defense activities of the Depart- School in 1953. He was selected by the late Chief be named in his honor, as provided in subJudge E. Barrett Prettyman Oil the United States meat of Energy, ~o prescribe military persection (a), sonnel strengths for such fiscal year, and for Court of Appeals for the District of Coh~mbia SEC. 2, ORGANIZATION OF ACT !J'ITO DFCISIONS; other purposes, having met, after full and Circuit as his law clerk. After his service to TABf, E OF CONTFJ~!TS. free conference, have agreed to recommend Judge Prettyman, Senator Warner became an (a) DIVISIONS--This Act is organized into Assistant United States Attorney in the District and do recommend to their respective Houses three divisions as follows: as follows: of Columbia, and later entered private law prac(1) Division A--Department of De/lense AuThat the House recede from its disagree- tice, thoriaa~ons. (6) In 1969, the Senate gave its advice and ment to the amendment of ~he Senate and (2) Division B--Military Construction Authorconsent to the appointment of Senator Warner agree to the same with an amendment as folisations. as Under Secretary of the Navy. He served in lows: (3) Division C--Department of Energy In lieu of the matter proposed to be in- "this position until I972, when he was con/firmed tional Security Authorizations and Other Auserted by the Senate amendment, insert the and appointed as the 6Is$ Secretary of the Navy thorizations. following: since the office was established in I798. As Sec(b) TABLE OF CONTENTS.--The table o! conretary, Senator Warner was the principal SECTION I. SHORT TITLE; FINDINGS. tents for this Act is as follows: (a) SHOET TITLE.--Thts Act may be cited as United States negotiator and signatory of the Sac. I. Short title; findings. Incidents a~ Sea Executive Agreement with the the "John Warner National Defense AuthorizaSac. 2. Organization off Act into divisions: table Soviet Union, which was signed tn 1972 and retion Act for Fiscal Year 2007"'. off contents. (b) FBgDINas.--Congress makes the /following mains in effect today. It has served as the model Sac. 3. Congressional defense committees. findings: for simttar agreements between states covering DIVISION A--DEPARTMENT OF DEFENSE (1) Senator John Warner of Virginia was the operation of naval sh~ps and aircraft in AUTHORIZATIONS elected a member of the United States Senate on international sea lanes throughout the world. November 7, 1978. for a full term beginning on (7) Senator Warner left $he Department of lhe TITLE 1--PROCUREMENT Navy in I9~4. His next public service was as AdJanuary 3, I979. He was subsequently appointed Subtitle A--Authorization of Appropriations by the Governor off Virginia to fill a vacancy on ministrator of the American Revolution BicenSac. 10I. Army. January 2, 1979, and has served continuously tennial Commission. In this capacity, he coordiSac. 102. Navy and Marine Corps, since that date. He was appointed a member of nated the celebration of the Nation's founding, See. 103. Air Force. the Committee on Armed Services in ]anuary directing the Federal role in all 50 States and in Sac. 104. Defense-wide activities. I979, and has served congnuously on the Comover 20 foreign nations. Subtitle B--Army Programs (8) Senator Warner has served as chairman of mittee since that date, a period of nearly 28 Sac. 111. Sense of Congress on /uture multiyear the Committee on Armed Services of the United years, Senator Warner's service on the Comprocurement authority /or Family States Senate from 1999 to 2001, and again since mittee represents nearly half of its existence January 2003. He served as ranking minority off Medium Tactical Vehicles. since it was established a/f tar World War IL

[] This symbol represents the time of day during the House proceedings, e.g., [] 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
H8061

~Printed on recycled paper.

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September 29, 2006

CONGRESSIONAL RECORD ~ HOUSE
'°(C) STANDARDIZED STAFF ~'RAINING AND OPERATION&-(1) The Secretary of Defense shall prescribe regulations on standards and guidelines concernf~tg the physical evaluation board operate~ by each of the Secretaries of the military depar~Tnents with regard to-"(A) assignment and training of staff; "(B) opera.ha procedures; and "(O) timet~n~s of board "(2) The Seereta~ shall entre compliance with standar~ and guidel~nes presc~bed under ~aragraph (1) ~y each" physical evaluation board at least once every three years. % (2) CLERICAL AMENDMENT.~The table of secdons at the beginning of such chapter is amended by adding at the end the following new

H8105

Secretary of Defense shall submit to the Congress a Teport setting forth(i) an assessment of the success of the implementation of the Interim Voting Assistance System ballot request program carried out under paragraph (ii) recommendations for continuation of the Inte~m Voting Assistance System and for improvements to that system; and (lit) an ossessmen$ of available technologies and other means of achieving enhanced use of electronic and lnternet-based capabilities under the Interim Voting Assistance System. (B) FUTURE ELEOTIONS,--NOt later than May 15, 2007, the Secretary of Defense shall submit to the Congress a report setting forth in de~atl plans for ezpanding the use of electronic voting technology for individuals covered under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) for elections through November 30, 2010. (e) COMPTROLLER GENERAL J~EPORT.--Not later than March 1, 2007, the Comptroller General of the United States shall submit to Congress a report containing the assessment of the Comptroller General with respect to the following: (I) The programs and activities undertaken by the Department of Defense to facilitate voter registration, transmittal of ballots to absentee voters, and voling utilizing electronic means of communication (such as electronic mail and fax transmission) for military and civilian personnel covered by the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S,C, 1973ff et (2) The progress of the Department of Defense and the Election Assistance Commission in developing a secure, deployable system for Internet-based electronic voting pursuant to the amendment made by section 567 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Slat. 1919). (d) ,~EPEAL OF EXPIRED PROVISION.--SeCtiOn 1566(g)(2) of title 10, United States Code, is amended by striking the lost sentence. SEC. 597, PHYSICAL EVALUATION BOA.RDS. (a) IN GENERAL.-(1) PROCEDURAL REQUIREMENTS.--~hapter 61 of title 10, United States Code, is amended by adding at the end the following new section: "§1222. Physical evaluation boards "(a) t~ESPONSE TO APPLICATIONS AND APPEALS.--The Secretary of each military departmerit shall ensure~ in the case of any member of the armed forces appearing before a physical evaluation board under that Secretary's supervision, that documents announcing a decision of the board in the case convey the findings and conclusions of the board in an orderly and itemized fashion with specific attention to each issue presented by the member in regard to that member's ease. The requirement under the preceding sentence applies to a case both during initial consideration and upon subsequent consideration due to appeal by the member or other "(b) LIAISON OFFICER (PEBLO) MENTS AND TJ~AINING.--(1) The Secretary of Dereuse shall prescribe regulations establishing-"(A) a requirement for the Secretary of each military department to make available to members of the armed forces appearing before physical evaluation boards operated by that Secretary employees, designated as physical evaluation board liaison officers, to provide advice, bets on the operation of physical evaluation boards operated by that Secretary; and "(B) standards and guidelines concerning the training of such physical evaluation board liai"(Z) The Secretary shall ensure compliance by the Secretary of each military department with physical evaluation board liaison officer requirements and training standards and guide-

not above the grade of captain. The authority of the President to make appoinlments under this paragraph may be delegated only to the Secretary of Defense. "(3) The President, by and with the advice and consent of the Senate, may from time time appoint any member of the Marine Band or of the Marine Drum and Bugle Corps to a grade above the grade of captain, "(d) RETIREMENT.--Unless otherwise to h~gher retired grade and ra~ired pay, a member of the Marine Band or Marine Drum and Bugle Corps who holds, or has held, an appointment under this section is entitled, when retired, to be retired in, and with retired pay based on, the highest grade held under this section in which the Secretary of the Navy determines that "I222. Physical evaluation boar~. such member served satisfactorily, (~) EFFECTIVE DATE.~eC~On 1222 of title 10, "(e) NEVOCATION OF APPOINTMENT.--The Secretary of the Navy may revoke any appointment United States Code, as added by su~sec~on (a), shall apply with re~ecg to deacons rendered of a member of the Marine Band or Marine Drum and Bugle Corps. When a member's on c~es co~enced more than 220 days after pointment to a commissioned grade terminates the date of the enactment of this Act. under this subsection, such member is entitled, SEC, 588. M[LIT~Y ~ C~S FOR ~TI~ DEat the apron of'such member-P~D~S WHO ~ PE~TLY "'(1) to be discharged from the Marine Corps: or (~) IN GENEBAL.~UbSeCtiO~ (~) Of "(2) to revert to the grade and status such I060b of title 10, United States Code, is amended member held at the time of appointment under to re~ ~ follows: this section. ". (b) CLERICAL AMENDMENT.--The table of secIn ~s~ng military ID car~ to retiree dependtions at the beginning of chapter 565 of such ents, the Secretary conc~ned shall issue a per~tle is amended by striking the item relating to manen~ ID card (not subject to renewal) to any section 6222 and inserting the following new such retiree d~endent os follows: item: "(A) A retiree dependent who h~ a~iained 75 years oI age. "6222, United S~ates Marine Band; United "'(B) A retiree ~dent who ts permanently States Marine Drum and Bugle d~ableg. Corps: composition; appointment and promotion of members.". "'(2) A ~ermanent ID card shall be issued to a re~ree dspen~n~ under paragraph (1)(A) upon TITLE VI---COMPENSATIOiV AND OTHER the ~ra~on, after the retiree d~endent PERSONNEL BENEFITS tai~ 75 years of age, of any earlier, renewable Subtitle A--Pay and Allowances military card or, f[ earlier, upon the request Sec. 601, Fiscal year 2007 increase in military the retiree dependent after atiagngng age 75, .. basic :pay and reform of basic pay (~) CONFORMING AND CLERICAL AMENDrates. Sec. 602, Increase in maximum rate of basic pay U) HEADING AMENDMENT.--The heading for general and flag officer grades such section ~s amended to read as follows: to conform to increcse in pay cap "~I060b. Millta~ ID car~: deponents and for Senior Executive Service persuruiuor~ of retiree~'~ Sec. 603. One-year extension of prohibition (2) CLERICAL AMENDMENT.~The table of ~ons a~ the beginning of c~p~ 53 of ~c~ against requiring certain injured is a~nded by st~king the item reZugng to seemembers to pay for meals provided ~on 1060b and i~t~ng the following new ~m: by military treatment facilities, Sec. 604. Availability of second basic allowance "1060b. Mffitary ID cards: dependen~ and surfor housing for certain reserve vivors of retire~. ". component or retired members serving in support of contingenCy U~T~ STATES ~E DRUM ~D operations. BUGLE CO~S. Sac. 605. Extension of temporary continuation (~) IN GENERAZ.~eCdOn 6222 of ti$~e of housing allowance for dependUnited States Code, ~s a~nded ~o read os folents of members dying on active lows: duty to spouses who are also 'q6222. United States Marine Band; United members, Sta$e8 Marine Drum and Bug~ Corps: com- 606. Payment of full premium for coverage Sec. position; uppo~ntmen$ and promotion of under Servicemembers' Group Lifo members Insurance program during service in Operation Enduring Freedom or Operation Iraqi Freedom. band of the Ma~ne Cer~ shall be com~ose~ of Sec. 607, Clarification of effective date of prohione d~recter, two assistan$ directors, and other bition on compensation for COT~sonnel ~n ~ch numbers and grad~ as the respondence courses. Secretary of the Navy dete~nes ~ be necSec. 608. Extension of pilot program on contr~butions to Thrift Savings Plan "'(~) UNITED 3TATE~ MARINE DRUM AND for initial enlistees in the Army. BUGLE COaPS.--The ~mm and bugle corps of the Madne Corps shall be composed o/one comSubtitle B--Bonuses and Special and Incentive Pays manding offic~ and other personnel ~n such numb~s and grad~ os the Secretary of the Sec. 611. Extension of certain bonus and special Navy ds~e~nes to be necessa~. pay authorities for reserve forces. "(c) APPOINTMENT AND PROMOTION.--(1) The Sec. 612. Extension Of certain bonus and special Se~etary of $he Navy sha!t pres~be regulations pay authorities for health care for the appofn~en$ and promo~on of members professionals. See. 613. Extension of special pay and bonus aI the Marine Band and members of ~he Marine Drum and Bugle Corps. authorities for nuclear officers. Sec. 614. Extension of authorities relating to "(2) The Prudent may from ~me to time appoing memb~s of the Ma~ne Bang and memb~s payment of other bonuses and special pays. of the Marine Drum and Bugle Corps to grades

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September 29, 2006
Pay Grade Over
$6,381,90 4,799.10 4,204.20 3,133,50 2,630,I0 2,062.80 1,729.20 1,458.90 1,301.40

CONGRESSIONAL RECORD-- HOUSE
ENLISTED MEMBERS~--Cont~nued
Over 2 Over 3 Over 4

tt8109
Over 6

Over 40
$6,381.90 4,799.i0] 4,204.20 3,I33.50] 2,630J0 2,062.80 1,729.20 1,458.90 1,301.40

~ Notwithstanding the pay rates specified tn this table, the actual basic pay .for enlisted members may not exceed the rate of pay for level V of Executive Schedule. z Subject to the preceding footnote, the rate of basic pay for an enlisted member in this grade while seroing as Sergeant Major of the Army, Master Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, Master Chief Petty Officer of the Coast Guard, or Senior Enlisted Advisor to the Chai~nan of the Joint Chiefs of" Staff is $6,642.60, regardless of cumulagve years of service computed under section 205 of title 37, United States Code. ~ In the case of members in pay grade E-I who have served less than 4 mont.hs on active duty, the rate oi" basic pay is $1,203.90. section by striking "coverage amount specified (3) in paragraph (3), as so redesignated, by in subsection (a)(1) or in effect pursuant to substriking "Paragraph (1)" and inserting "Paragraphs (I) and (2)'% section (b)," and inserting "maximum coverage (b) EFFECTIVE DArE,--Paragraph (2) of secamount available for such insurance,". tion 403(g) of gtle 37, United States Code, as (C) CLERICAL AMENDMENTS.--The heading for (a) INCREASE,--Section 203(a)(2) of title 37, such section, and the item relating to such secadded by subsection (a), shall apply with United States Code, is amended by str~king tion in the table of sections at the beginning of ~ect to months beginning on or after Octeb~ 1, "level Ill of the Ezecu~ve Schedule" and chapter 7 of such title, are each amended by 2006, ing "level 1I of the Ezecut~ve Schedule". SEe, 605. E~SION OF TEMPO~Y CONTI~- striking the fourth and fifth words. (b) EFFECTIVE DATE.--The amendment made ATION OF HOUS~G ~OW~CE (d) EFFECTIVE DATE.--The amendments made by subsection (a) shall take effect on Jar~uary 1, FOR DEPEndS OF ME~E~ this section shall take effect on the first day by 2007, and shall apply with respect to months of the first month beginning on or after the date ginning on or after that date. of the enac~nent of th~s Act and shall apply SEC. 603, ONE-YEiR EXTFAVSION OF PROHIBITION (a) EXTENSION.~eC~iOn 403(I) Of ~tle 37, with respect to service by members of the Armed AGAINST REQIrllt.fNG CERTAIN U~£ted States Code, ~ amended-Forces in the theater o1" operations for OperPAY FOR JUICED MEMBERS TO MILITA.RY G) by redesignagng paragraph (3) as paraation Enduring Freedom or Operation Raqi MF.A~S PI~OVI.DED BY graph (4); and Freedom for months beginning on or after that TREATMFAVT FACIIJTIES, (2) by inserting after paragraph (2) the date. (a) EXTENSION.~-'~eCtiOn 402(h)(3) of title 37, lowing new paragraph: SECo 607. CLARIFZCATZON OF EFFECTFV'E DATE, OF United Slates Code, is amended by s~riking "De"(3) An allowance may be pa~d under paraPROHIBITION ON COMPENSATION cember 31, 2006" and inserting "December 31, graph (2) to ~he ~onse of the deceased m~ber FOR CORI'LESPOND.F.NCR COURSES. 2007". even though the ,~pouse ~ also a member of the Section 206(d) of title 37, United States Code, (b) ~EPORT ON ADMINISTRATION OF PROHIB1- ~n~/o~ed services. The allowance pa~d under is amended by adding at the end the following TION.--Not later than February I, 2007, the Seenew paragraph: such paragraph is in addition to any other pay rotary of Defense shall submit to the congres"(3) The prohibition in paragraph (I), a~d allowances to which the spouse ~s entitled sional defense committees a report on the adtng the prohibition as tt relates to a member of as a mambo.". ministration of section 402(h) of title 37, United (b) EF~ZCTtYE DATE.-the National Guard while not in Federal service, States Code. The report shall include-(1) GENERAL aULE.--The amendments madeapplies to-~ (1) a description and assessment of the mechasubsec~on (a) shall ~Re e/fec~ a~ Octe8~ I, "(A) any work or study performed on or after nisms used by the military departments to impleSeptember 7, I962, unless that work or siudy is 2006. specifically covered by the exception in parament the prohibition contained in ~ch section; (2) TR~SITIONAL RULE,--AIt~ Oc$ob~ 1, graph (2): and and 2006, the Se~etar~ o[ Defense, and the Sec"(B) any claim based on that. work or study (2) such recommendations as the Secretary retary of Home,and Security in the case of the arising aft.or t.hat, dale. considers appropriate regarding making such Coas$ Guard, may pay ~he allowance autho~zed SEC, prohibition permanent. by section 403(0(2) of title 37, United States 608° EXTF.NSION OF PILOT PROGRAM ON CONTRZBUTIONS TO THRY22' SAVSEC, 604.LOWANCE FOR HOUSING FOR CER. AI~ AV~II2TY OF SECOA22 BASIC Code, to a member of $he uniformed services who INGS PLAN FOR INITIAL ENLISTEES is the spouse of a member who d~ed on IN THE AR~fY. T, dff2# RESERVE COMPONENT OR RE. duty during the one-year pe~od end~n~ on that (a) EXTENSION,--SubsectiOn (a) of sec~on 606 TIRED MEi$IBERS SERVING IN SUPdate, except that the payment of the allowance PORT OF CONTINGENCY OPER- te~inate within 365 days after the date of the National Defense Authorieation Act. for m~ ATIONS. Fiscal Year 2006 (Public Law 10~-163:119 Star. the m~ber's death. 3287; 37 U.S°C. 211 note) is amended by str~l~ng (a) AVAtt.ABILITL--SeCt~On 403(g) of title 37, SEc. 606. PA~f~ O~ FU~ P~MIUM FOR COVUnited States Code, is amended-"During fiscal year 2006" and ~nserting "DurE~GE U~ER SERVICE~ERS" (1) by redesignagng paragraphs (2), (3), and ing the period beginning on January 6, 2006, (4) as paragraphs (3), (4), and (5), respectively; and DUnG SER~CE ~ OPE~TION ~- ending on December 3I, 2008". (2) by inserting after paragraph (1) the folDUnG F~EDOM OR OPE~TION (b) REPORT DATE.--Subsection (d)(1) of such secdon ts amended by striking "February I, lowing new paragraph (2): 2007" and inserting "February 1, 2008". "(2) The Secretary concerned may provide a (a) ENH~CED .~LLQWANUE TO COVER SGLI DEDUCTION&--Subsec~on (a)(1) Of sec£~on 437 Subtitle B--Bonuses and Special and basic allowance for housing to a member title 37, United Sta~es Code, ~s amended by st~kIncentive Pays scribed in paragraph (1) at a monthly rate equal ~ng "for the first $150,000" and all $hat follows SEC. 6~1. EXTF-JVSION OF CERT.~N BO~/S AND to the rate of the basic allowance for housing through "o1 such title" and ~ns~ting "for the SPECIAL ,PAY AUTHOtU.T1ES FOR RE. established under subsection (b) or the overseas amount of Serv~cememb~s' Group Life I~urSERVT~ FORCES. basic allowance for housing established under subsection (c), whichever applies to the location ance cov~age held by the member under section (a) SELECTED [~ESER VE ~EENLISTMENT BoNus,--Section 308b(g) of title 37, United 1967 ofsuch ~tle". at which the member is serving, for members in the same grade at that location without dependStates Code, is amended by striking "December eats. The member may receive both a basic alis further amended-31, 2006" and inserting "December 3I, 2007"'. (1) ~n ~bsec~on (a)-(b) SELECTED ~ESERVE AFFIL/ATIQN OR lowance for housing under paragraph (1) and L/STMENT BoNv&---Section 308c(i) of such ~itie is (A) by s~fik~ng "(I)" before "'~n the case under this paragraph for the same month, but and amended by striking "December 31, 2006" and may not receive the portion of the allowance inserting "December 31, 2007". thofized under section 404 of this title, if any, (B) by sZ~£ing paragraph (2); (e) SPECIAL PAY FOR ENLISTED MEMBERS for lodging expenses if a baxic allowance .for (2) by striking ~bsec~ten (b); and SIGNED TO CE,~TAIH HIGH PRIORITY UNITS.--~eC(3) by rede~gnagng subsection (c) as subhousing is provided under this paragraph."; section (b) and in paragraph (2) of thal ~blion 308d(c) of such title ~s amended by striking and SEe. 602. INCREASE IN ~Ld-YIMUM RATE OF BASIC PAY FOR GENER.4.L AND FLAG OFFICEI2 GRADES TO CONFORM TO INCR1DL~E FN PAY CAP FOR SENIOR EXECUTITE SERVICE PERSONNEL.

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Calendar No. 426
2nd Session SENATE 109-254

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007

REPORT
[TO ACCOMPANY S. 2766] ON AUTHORIZING APPROPRIATIONS FOR FISCAL YEAR 2007 FOR MILITARY ACTYv~TIES OF THE DEPARTMENT OF DEFENSE, FOR MILITARY CONSTRUCTION, AND FOR DEFENSE ACTMTIES OF THE DEPARTMENT OF ENERGY, TO PKESCRIBE PERSONNEL STRENGTHS FOR SUCH FISCAL YEAR FOR THE ARMED FORCES, AND FOR OTHER PURPOSES
TOGETHER WITH

ADDITIONAL VIEWS COMMITTEE ON ARMED SERVICES UNITED STATES SENATE

MAY 9, 2006.--Ordered to be printed

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TITLE H--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Fiscal year 2007 increase in military basic pay and reform of basic pay rates (sec. 601) The committee recommends a provision that would authorize a pay raise for members of the uniformed services of 2.2 percent effective on January 1, 2007; targeted pay raises for warrant officers and enlisted members serving in the E-5 to E-7 grades that would be effective on April 1, 2007; and extension of the basic pay table to 40 years, providing longevity step increases for the highest officer, warrant officer, and enlisted grades. The committee supports the goal of the Department of Defense, as recommended by the 9th Quadrennial Review of Military Compensation, to bring regular military compensation to the 70th percentile of private civilians when comparing experience and education. This provision contributes to its achievement. The provision would also accommodate longer career lengths and provide appropriate financial incentives for continued active-duSTy service beyond 30 years by the most experienced and capable military, officer and enlisted, leaders of the armed forces. Increase in maximum rate of basic pay for general and flag officer grades (sec. 602) The committee recommends a provision that would amend section 203(a)(2) of title 37, United States Code, to provide that the rates of basic pay for officers in pay grades 0-7 through 0-10 may not exceed the monthly equivalent of the rate of pay for level If, vice III, of the Executive Schedule. The committee notes that this provision will primarily affect officers serving in positions of importance and responsibility under section 601 of title 10, United States Code. Raising the pay cap fo~ these officers is fully commensurate with the levels of authority and responsibility typically vested in such officers.

Clarification of effective date of prohibition on compensation for correspondence courses (sec. 603) The committee recommends a provision that would amend section 206(d) of title 37, United States Code, to clarify that the prohibition on compensation for work or study in connection with correspondence courses, including the prohibition as it relates to a member of the National Guard while not in federal service, applies to any such work or. study performed on or after September 7, 1962, and to any claim for compensation .based on such work or study arising after that date. (331)

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332 The committee believes that judicial ~ulings interpreting section 206(d) to permit compensation for completion of correspondence courses misinterpreted this provision and did not g~ve adequate weight to ~he consistent practices of the services in administering training of members of the Reserve and National Guard in this regard. The changes to section 206(d) of title 37, United States Code, incorporated in section 604 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163) did not, in the committee's view, change, but rather clarified the meaning and purpose of this section. One-year extension of prohibition against requiring certain injured members to pay for meals provided by military treatment facilities (sec. 604) The committee recommends a provision that would amend section 402(h)(3) of ~itle 37, United States Code, to ex~end for an additional year the prohibition on requL~ing members who are undergoing medical recuperation or therapy, or are otherwise in the status of continuous care, including outpatient care, at a military treatment facility for injuries, illnesses, or diseases incurred or aggravated while on active duty serving in support of Operation Iraqi Freedom or Operation Enduring Freedom. The provision would also require the Secretary of Defense to submit a report to the congressional defense committees by February 1, 2007, on the admSnistration of section 402(h)(3), including an assessment of the implementation by the services and recommendations regarding whether this authority should be continued. Additional housing all~wance for Reserves on active duty in support of a contingency operation (sec. 605) The committee recommendJ a provision that would amend section 403(g) of title 37, United States Code, to authorize service secretaries to pay a second housing allowance in lieu of per diem to Reserve component members who are ordered to active duty in support of a contingency operation for greater than 139 days when government quarters are not available. Implementation of this provision would reduce costs while ensuring that mobilized reservists are adequately compensated both for their civilian housing costs at home and while serving at their contingency operation duty locations when their mobilization will be for extended periods. Extension of temporary continuation of housing allowance for dependents of members dying on active duty. to spouses who are members of the uniformed services (sec. 606) The committee recommends a provision that would amend section 403(1) of title 37, United States Code, to provide that a member of the uniformed services, who is a spouse of a deceased member who died while serving on active duty, may continue to be paid the basic allowance for housing (BAH). Only non-military spouses currently qualify for the tempo~rary continuation of BAH. This provision would avoid loss of income in the aftermath of a military spouse's death and could encourage military spouses to continue se~wing on active duty despite their loss.

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t09TH Session 2d CONGRESS }

HOUSE OF REPRESENTATIVES

{

REPORT 109-702

JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2007

CONFERENCE REPORT
TO ACCOMPANY

H.R. 5122

SEPTEMBER 29, 2006.--0rdered to be printed

U.S. GOVERNI~IENT PRINTING OFFICE 29-808 WASHINGTON : 2006

For sale by the Superintendent, o~" Documents, U.S. Government. Printing Office Internet: bookstorc.gpo.gov Phone: toll free 1866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20,I02-0001

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CONTENTS
DYV-ISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS ................. TITLE I--PROCUREMENT .......................................................................................... Procurement overview ............................................................................... Budget Items ..................................................................................................... Aircraft Procurement, Army overview ..................................................... Missile Procurement, Army overvie~v ...................................................... Frocurement of Weapons and Tracked Combat Vehicles, Army overview ......................................................................................................... Procurement of Ammunition, Army ovelwiew ......................................... Other Procurement, Army overview ........................................................ Aircraft; Procurement, Navy overview ..................................................... Weapons Procurement, Navy overview ................................................... Procurement of Ammunition, Navy and Marine Corps overview .......... Shipbuilding and Conversion, Navy overview ........................................ Other Procurement, Navy overview ......................................................... Procurement, Marine Corps overview ..................................................... Aircraft Procurement, Air Force overview .............................................. Procurement of Ammunition, Air Force overview .................................. Missile Procurement, Air Force overview ................................................ Other Procurement, Air Force overview ................................................... Procurement, Defense-wide overview ...................................................... National Guard and Reserve Equipment ................................................ Items of Special Interest .................................................................................. Battleship transfer .................................................................................... Study on replacement of the T-38 training aircraft .............................. Subtitle A Authorization of Appropriations ................................................. Authorization of appropriations (secs. 101-104) ..................................... Subtitle B--Ai'my Programs ............................................................................ Sense of Congress on future multiyear procurement authority for the Family of Medium Tactical Vehicles (see. 111) ............................. Multiyear procurement authority for MH-60R helicopter and mission equipment (sec. 112) .............................................................................. Funding profile for modular force initiative of the Army (see. 113) ..... Bridge to Future Networks Program (sec. 114) ...................................... Comptroller General report on the contract for the Future Combat Systems program (sec. 115) .................................................................. Priority for allocation of replacement equipment to operational units based on combat mission deployment schedule (sec. 116) .................. Subtitle C--Navy Programs ............................................................................ CVN-21 class aircraft carrier procurement (sec. 121) ........................... Adherence to Navy cost estimates for CVN-21 class of aircraf~ carders (sec. 122) ........................................................................................ Modification of limitation on total cost of procurement of CVN-77 aircraft carrier (sec. 123) ....................................................................... Construction of first two vessels under the DDC.-1000 Next-Generation Destroyer program (sec. 124) ................................... : .................... 552 Adherence to Navy cost estimates for LHA Replacement amphibious assault ship program (sec. 125) ............................................................ Cost limitation for San Antonio (LPD-17) class amphibious ship program (sec. 126) ....................................................................................... Multiyear procurement authority for V-22 tiltrotor aircraft program (sec. 127) ................................................................................................. Alternative technologies for future surface combatants (sec. 128) ........ Sense of Congress regarding the size of the attack submarine force (sec. 129) ................................................................................................. (HI) 459 459 459 461 461 465 468 472 476 487 492 496 499 502 512 518 525 528 532 539 545 547 547 548 548 548 548 548 549 549 550 550 550 551 551 551 552

553 554 555 555 555

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Page

TITLE V--MILITARY PERSONNEL PoLIcY--Continued Subtitle I--Armed Forces Retirement Home ................................................. Report on leadership and management of the Armed Forces Retirement Home (sec. 578) ............................................................................ Report on Local Boards of Trustees of the Armed Forces Retiremeng Home (see. 579) ...................................................................................... Subgifle d~Repor~ .......................................................................................... Repo~ on personnel requirements for airho~e asse~s identified as Low-Density, High-Demand ~rborne Asse~s (sec. 581) ..................... Repo~ on feasibility of es~ablishmen~ of Military Entrance Processing Command s~afion on Guam (see. 582) ................................................. Inclusion in annual Depar~en~ of Defense repor~ on sexual assaulgs of information on results of disciplina~ actions (sec. 583) ................ Reporg on pro~sion of electronic copy of military records on discharge or release of members from ~he ~ed Forces (see. 584) ................... Repor~ on omission of social secu~y acco~ numbers from military identification cards (see. 585) ............................................................... Reporg on maintenance and protection of da~a held by ~he Secretary of Defense as par~ of ~he Depargmen~ of Defense doin~ Adve~ising, Markeg Research and S~udies (d~S) pro~am (sec. 586) .............. Comptroller General repor~ on military conscientious objectors (sec. 587) ......................................................................................................... Subtitle K--Other Matters .............................................................................. Report on using six-month deployments for Operation Enduring Freedom ~d Operation Iraqi Freedom ....................................................... National Guard officers au~ho~ty to command ...................................... Cold War Victory Medal ........................................................................... Advancement on the regred list of certain decorated retired Na~ and Ma~ne Corps officers ..................................................................... Cri~e~a for removal of member from tempora~ disability re~ired list ........................................................................................................... Modification of time limit for use of entitlement to educational assistance for rese~e component members suppo~g contingency operations and o~her operations .................................................................. Postal benefits pro~am for members of the ~med Forces ................... Funding ...................................................................................................... Duration ..................................................................................................... Sense of Senate on notice to Confess of reco~ition of members of the ~med Forces for extraordinary ac~ of bravery, heroism, and achievement .................................................................................... Department of Labor Transitional Assistance Pro~am ........................ Entrepreneurial ser~ce members empowe~ent task force ................. Funeral ceremonies for veterans ..............................................................
TITLE ~COMPENSATION ~D OTHER PERSONNEL BENEFITS .............................

728 728 729 729 729 729 729 780 730 780 730 731 736 736 737 737 737 737 738 738 738 738 738 740 740 741 741 741 741 741 742 742 742 742 743 743 743

Subtitle A--Pay and Allowances ..................................................................... Fiscal year 2007 increase in military basic pay and refo~ of basic pay rates (sec. 601) ................................................................................ Increase ,in m~imum rate of basic pay for general and flag officer ades to conform to increase in pay cap for Sen~or Executive ~ice personnel (sec. 602) .................................................................. One-year extension of prohibition agains~ requiting certain injured members to pay for meals prodded by military treatment facilities (sec, 603) ................................................................................................. Availability of second basic allowance for housing for certain rese~e component or retired members ser~ng in support of contingency operations (sec, 604) .............................................................................. Extension of temporary continuation of housing allowance for depe~den~ of members dying on active duty to spouses who are also members (sec, 605) ......................................................................... Payment of full premium for coverage under Ser~cemembers' Group Life Insurance pro~am du~ng ser~ce in Operation Enduring Freedom or Operation Iraqi Freedom (sec, 606) ................................. Cla~fication of effective date of prohibition on compensation for correspondence courses (sec. 607) .............................................................. Extension of pilot pro~am on cont~butions to Th~ Sa~ngs Plan for initial enlistees in ~he A~y (sec. 608) .......................................... Subtitle ~Bonuses ~d Special and Incentive Pays ................................... Extension of certain bonus and special pay autho~fies for reserve forces (sec. 611) ......................................................................................

~

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TITLE VI~COMPENSATION AND OTHER PERSONNEL BENEFITS Sec. 60I. Sec. 602. Sec. 603. Sec. 604. Sec. 605. Sec. 606. Sec. 607. Sec. 608. Subtitle A--Pay and Allowances Fiscal year 2007 increase in military basic pay and reform of basic pay rates. 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. One-year extension of prohibition against requiring certain injured members to pay for meals provided by military treatment facilities. Availability of second basic allowance for housing for certain reserve component or retired members serving in support of contingency operations. Extension of temporary continuation of housing allowance for dependents of members dying on active duty to spouses who are also members. Payment of full premium for coverage under Servicemembers" Group Life Insurance program during service in Operation Enduring Freedom or Operation Iraqi Freedom, Clarification of effective date of prohibition on compensation for correspondence courses. Extension of pilot program on contributions to Thrift Savings Plan for initial 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 professionals. Sea 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 officers 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 ~naximum amount of incentive bonus for transfer between Armed Forces. Sec. 621. Additional authorities and incentives to encourage retired members and reserve co~nponent members to volunteer to serve on active duty in highdemaad, low-density assignments. Sec. 622. Accession bonus for members of the Armed Forces appointed as commissioned officers after completing officer candidate school. Sec. 623. Modification of certain authorities applicable to the targeted shaping of the Armed Forces. Sec. 624, Enhancement of bonus to encourage certain persons to refer other persons for enlistment in the Army. Subtitle C--Travel and Transportation Allowances Sec. 631. Travel and transportation allowances for transportation of family members 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 covet'age. Sec. 644. Modification of eligibility for commencement of authority for optional annuities 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.

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"(d) RETIREMENT.--Unless otherwise entitled to higher retired grade and retired pay, a member of the Marine Band or Marine Drum and Bugle Corps who holds, or has held, an appoint~nent under this section is entitled, when retired, to be retired in, and with retired pay based on, the highest grade, held under this section in which the Secretary of the Navy determines that such me~nber served satisfactorily.
"(e) REVOCATION OF APPOINTMENT.--The Secretary of the Navy may revoke any appointment of a member of the Marine Band or Marine Drum and Bugle Corps. When a member's appointment to a commissioned grade terminates under this subsection, such member is entitled, at the option of such member--

"(1) to be discharged frown the Marine Corps; or "(2) to revert to the grade and status such member held at the time of appointment under this section. °: (b) CLERICAL AMENDMENT.--The table of sections at the beginning of chapter 565 of such title is amended by striking the item relating to section 6222 and inserting the following new item:
"6222. United States Marine Band; United States Marine Drum and Bugle Corps: composition; appointment and promotion of members.".

TITLE VI COMPENSATION AND OTHER PERSONNEL BENEFITS
Sec. 601. Sec. 602. Sec. 603. Sec. 604. Sec. 605. Sec. 606. Sec. 607. Sec. 608. Subtitle A--Pay and Allowances Fiscal year 2007 increase in military basic pay a~,d reform of basic pay rates. Increase in maximum rate of basic pay for general and flog officer grades to conform to increase in pay cap for Senior Executive Service personnel. One-year extension of prohibition against requiring certain injured merehers to pay for meals provided by military treatment facilities. Availability of second basic allowance for housing for certain reserve component or retired members serving in support of contingency operations. Extension of temporary continuation of housing allowance for dependents of members dying on active duty to spouses who are also me~nbers. Payment of full premium for coverage under Servicemembers' Group Life Insurance program during service in Operation Enduring Freedom or Operation Iraqi Freedom. Clarification of effective date of prohibition on compensation for correspondence courses. Extension of pilot program on contributions to Thrift Savings Plan for initial 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 professionals. Sec. 613. Extension of special pay and bonus authorities for nuclear officers. Sec. 614. Extension of authorities relating to payment of other bonuses and special pays. Sec. 615. 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. Sea 617. Expansion and enhancement of accession bonus authorities for certain offi. cers in health care specialities. Sea 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.

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166
died on active duty during the one-year period ending on that date, except that the payment of the allowance must terminate within 365 days after the date of the member's death. SEC. 606. PAYMENT OF FULL PREMIUM FOR COVER.AGE UNDER SERVICEMEMBERS" GROUP LIFE INSURANCE PROGRAM DURING SERVICE IN OPERATION ENDURING FREEDOM OR OPERATION IRAQI FREEDOM. (a) ENHANCED ALLOWANCE TO COVER SGLI DEDUCTIONS.Subsection (a)(1) of section 437 of title 37, United States Code, is amended by striking "for the first $150,000" and all that follows through "of such title" and inserting "for the amount of Servicemembers' Group Life Insurance coverage held by the member under section 1967 of such title". (b) CONFORMING AMENDMENTS.--Such section is further amended-(1) in subsection (a)-(A) by striking "(1)" before "in the case of;" and (B) by striking paragraph (2); (2) by striking subsection (b); and (3) by redesignating subsection (c) as subsection (b) and in paragraph (2) of that subsection by striking "coverage amount specified in subsection (a)(1) or in effect pursuant to subsection (b)," and inserting "maximum coverage amount available for such insurance,': (c) CLERICAL AMENDMENTS.--The heading for such section, and the item relating to such section in the table of sections at the beginning of chapter 7 of such title, are each amended by striking the fourth and fifth words. (d) EFFECTIVE DATE.--The amendments made by this section shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and shall apply with respect to service by members of the Armed Forces in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom for months beginning on or after that date. SEC. 607. CLARIFICATION OF EFFECTIVE DATE OF PROHIBITION ON COMPENSATION FOR CORRESPONDENCE COURSES. Section 206(d) of title 37, United States Code, is amended by adding at the end the following new paragraph: "(3) The prohibition in paragraph (1), including the prohibition as it relates to a member of the National Guard while not in Federal service, applies to-"(A) any work or study performed on or after September 7, 1962, unless that work or study is specifically covered by the exception in paragraph (2); and "(B) any claim based on that work or study arising after that date.". SEC. 608. EXTENSION OF PILOT PROGRAM ON CONTRIBUTIONS TO THRIFT SAVINGS PLAN FOR INITIAL ENLISTEES IN THE (a) EXTENSION.---Subsection (a) of section 606 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109163; 119 Stat. 3287; 37 U.S.C. 211 note) is amended by striking "During fiscal year 2006" and inserting "During the period beginning on January 6, 2006, and ending on December 31, 2008".

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742 The House bill contained no similar provision. The House recedes with a technical amendment. Availability of second basic allowance for housing for certain serve component or retired members serving in support of contingency operations (sec. 604) The House bill contained a provision (sec. 604) that would amend section 403(g) of title 37, United States Code, to authorize service secretaries to pay a second monthly basic allowance for housing in lieu of per diem to reserve component members without dependents mobilized in support of a contingency operation. The Senate amendment contained a similar provision (sec. 605). The Senate recedes w~th an amendment that would make the provision effective on or after October 1, 2006. Extension of temporary continuation of housing allowance for pendents of members dying on active duty to spouses who are also members (sec. 605) The House bill contained a provision (sec. 605) that would amend section 403(1) of title 37, United States Code, to provide that a member of the uniformed services, who is a spouse of a deceased member who died while serving on active duty, may continue to be paid the basic allowance for housing. The Senate amendment contained a similar provision (sec. 606). The Senate recedes. Payment of full premiu~n for coverage under Servicemembers' Group Life Insurance program during service in Operation Enduring Freedom or Operation Iraqi Freedom (sea 606) The House bill contained a provision (sec. 607) that would amend section 437 of title 37, United States Code, to increase from $150,000 to $400,000 the amount of coverage under the Servicemembers' Group Life Insurance that the services would be required to fund for all members of the Armed Forces serving in Operation Enduring Freedom or Operation Iraqi Freedom. The Senate amendment contained no similar provision. The Senate recedes with a technical amendment. Clarification of effective date of prohibition on compensation for correspondence courses (sec. 607) The House bill contained a provision (sec. 606) that would amend section 206(d) of title 37, United States Code, to clarify that the prohibition on compensation for work or study in connection with con'espondence courses, including the prohibition as it relates to a member of the National Guard while not in federal service, applies to any such work or study performed on or after September 7, 1962, and to any claim for compensation based on such work or study arising after that date The Senate amendment contained a similar provision (sec. 603). The Senate recedes.

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743
The conferees direct the Secretary of Defense to review the policy regarding compensation of members of the reserve components (which include officers and enlisted personnel of the National Guard) for completing correspondence and distance learning courses. The review should include an audit of military professional education and other career development and military skills courses that are required for continued military service and advancement in the reserve component. For those courses that do not afford reserve component members practical options for attending in residence, an assessment should be completed of the feasibility and need for compensation as an incentive to complete correspondence and distance learning courses. The Secretary should report on the results of this review, including any recommendations for legislative changes, by July 31, 2007, to the Committees on Armed Services of the Senate and the House of Representatives. Extension of pilot program on contributions to Thrift Savings Plan for initial enlistees in the Army (sec. 608) The Senate amendment contained a provision (sec. 619) that would extend the pilot program on contributions to the Thrift Sayings Plan for initial enlistees in the Army, as required by section 606 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163), until December 31, 2008. The provision would also extend the due date for the report on the pilot program to February 1, 2008. The House bill contained no similar provision. The House recedes.

Subtitle B--Bonuses and Special and Incentive Pays Extension of certain bonus and special pay authorities for reserve forces (sec. 611) The House bill contained a provision (sec. 611) that would extend for 1 year the authority to pay the Selected Reserve reenlistment bonus; the Selected Reserve affiliation or enlistment bonus; the special pay for enlisted members assigned to certain high priority units; the Ready Reserve enlistment bonus for persons without prior service; the Ready Reserve enlistment and reenlistment bonus for persons with prior service; and the Selected Reserve enlistment bonus for persons with prior se~wice. The Senate amendment contained a similar provision (sec. 611). The House recedes. Extension of certain bonus and special pay authorities for health care professionals (sec. 612) The House bill contained a provision (sec. 612) that would extend the authority for the nurse officer candidate accession program, the accession bonus for registered nurses, the incentive special pay for nurse anesthetists, the special pay for Selected Reserve health professionals in critically short wartime specialties, the accession bonus for dental officers, and the accession bonus for pharmacy officers until December 31, 2007. Additionally, the" provision would extend the authority to repay the educational loans for cer-

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H. R. 1815

AT THE FIRST SESSION
Beam a.d held at the City of ~:a.~hinbqon on Tuesday, the fourth day of Ja.u.~'. two thous..d and five

To authorize appropriations fsr fiscal year 2006 fer military activities of dm Department of Defense, for military construction, and for defense activities of the Departmcnt of Energy, to prescribe ml|itary personnel strengths for such fiscal year, and far 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.

This Act may be cited as the '~National Defense Authorization Act for Fiscal Year 2006".
SEC. 2. ORGANIZATION OF ACT INTO DMSIONS; TABLE OF CONTENTS.

(a) DlVlSIO3S.--This Act is organized into three divisions as follows: (1) Division A--Department o~'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. L Shsrt title. See. ~ Organization of Act into divisions table of contents. See. ~ Congressional defense comm trees. DI3rlS~ON A~D~VArt~Er.-r OF DEF~NSm ALrfaOmZATIONS TITLE I--PRO CI!R~SIENT Sec. 101. Sec. 102. Sec. 103. Sec. 104. ~y, Na~T and Ma~ne C~rps, ~r Force. Defcnso-~de activities.

SUBTITLE B-~A~L~n" Sec. 11L Multiyear procurcment au