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CONGRESSIONAL RECORD — HOUSE H8357 September 29, 2006 The Senate recedes. The conference outcome is reflected in the tables of this report in Research, Develop- ment, Test, and Evaluation, Air Force PE 63211F. Legged mobility robotic research The Senate amendment contained a provi- sion (sec. 218) that would authorize $1.0 mil- lion for legged mobility robotic research. The House bill contained no similar provi- sion. The Senate recedes. The conference outcome is reflected in the tables of this report in Research, Develop- ment, Test, and Evaluation, Army PE 62601A. Wideband digital airborne electronic sensing array The Senate amendment contained a provi- sion (sec. 219) that would authorize $3.0 mil- lion for Air Force research on the wideband digital airborne electronic sensing array. The House bill contained no similar provi- sion. The Senate recedes. The conference outcome is reflected in the tables of this report in Research, Develop- ment, Test, and Evaluation, Air Force PE 62204F. Science and technology The Senate amendment contained a provi- sion (sec. 220) that would authorize $45.0 mil- lion for competitively awarded basic re- search programs. The House bill contained no similar provi- sion. The Senate recedes. The conference outcome is reflected in the tables of this report in Research, Develop- ment, Test, and Evaluation, Army PE 61103A, Navy PE 61103N, Air Force PE 61103F, Defense-wide PE 61101E, and Defense-wide PE 61120D8Z. High Altitude Airship program The House bill contained a provision (sec. 223) that would make $5.0 million available for the High Altitude Airship program from amounts provided in section 201 for Re- search, Development, Test, and Evaluation, Air Force. The Senate amendment contained no simi- lar provision. The House recedes. The conference outcome is reflected in the tables of this report in Research, Develop- ment, Test, and Evaluation. Testing and operations for missile defense The Senate amendment contained a provi- sion (sec. 236) that would make available an additional $45.0 million for the Ballistic Mis- sile Defense Midcourse Defense Segment (PE 63882C) to accelerate the ability to conduct concurrent test and missile defense oper- ations and to increase the pace of realistic flight testing of the ground-based midcourse defense system. The House bill contained no similar provi- sion. The Senate recedes. The conference outcome is reflected in the tables of this report in Research, Develop- ment, Test, and Evaluation, Defense wide, PE 63882C. Report on biometrics programs of the Depart- ment of Defense The Senate amendment contained a provi- sion (sec. 257) that would require the Sec- retary of Defense to submit a report on the management and adequacy of biometrics programs. The House bill contained no similar provi- sion. The Senate recedes. The conferees note the importance of an integrated biometrics program to meet De- partment of Defense needs in the areas of network security and access, facility secu- rity, intelligence and detainee operations, force protection, and homeland and border security. The conferees direct the Secretary of De- fense to submit to the Committees on Armed Services of the Senate and the House of Rep- resentatives a report in both classified and unclassified form on the biometrics pro- grams of the Department. The report should be submitted no later than January 31, 2007, and should address the following: (1) an assessment of the adequacy of the current executive agent management struc- ture for meeting the needs of the biometrics programs throughout the Department and recommendations, if any, for improvements to the management structure; (2) current and anticipated future require- ments for the biometrics programs to meet needs throughout the Department; (3) a description and assessment of ade- quacy of programs currently fielded to meet operational requirements, including those in Iraq and Afghanistan; (4) an assessment of programmatic or capa- bility gaps in meeting future requirements; and (5) actions being taken within the Depart- ment to coordinate and integrate biometrics programs among the departments and agen- cies of the executive branch, including devel- opment, requirements generation, resource allocation, and operational use. For the purposes of the required report, the conferees consider the term ‘‘bio- metrics’’ to mean an identity management program or system that utilizes distinct per- sonal attributes, including DNA, facial fea- tures, irises, retinas, signatures, or voices, to identify individuals. TITLE III—OPERATION AND MAINTENANCE Operation and Maintenance overview The budget request included $130,089.0 mil- lion in Operation and Maintenance, $23,445.6 million in Other Programs, and $2,436.4 mil- lion in Working Capital Fund Accounts for the Department of Defense. The House bill would authorize $129,770.1 million in Operation and Maintenance, $23,647.0 million in Other Programs, and $2,503.2 million in Working Capital Fund Ac- counts. The Senate amendment would authorize $129,531.8 million in Operation and Mainte- nance, $23,351.8 million in Other Programs, and $2,436.4 million in Working Capital Fund Accounts. The conferees agree to authorize $129,018.1 million in Operation and Maintenance, $23,847.1 million in Other Programs, and $2,436.4 million in Working Capital Fund Ac- counts. Unless noted explicitly in the statement of managers, all changes are made without prejudice. VerDate Aug 31 2005 06:52 Oct 02, 2006 Jkt 049060 PO 00000 Frm 00297 Fmt 4634 Sfmt 0634 E:\CR\FM\A29SE7.450 H29SEPT2 CCOLEMAN on PROD1PC71 with HOUSE
Transcript
Page 1: September 29, 2006 CONGRESSIONAL RECORD …...September 29, 2006 CONGRESSIONAL RECORD—HOUSE H8359 CCOLEMAN on PROD1PC71 with HOUSE VerDate Aug 31 2005 06:52 Oct 02, 2006 Jkt 049060

CONGRESSIONAL RECORD — HOUSE H8357 September 29, 2006 The Senate recedes. The conference outcome is reflected in the

tables of this report in Research, Develop-ment, Test, and Evaluation, Air Force PE 63211F. Legged mobility robotic research

The Senate amendment contained a provi-sion (sec. 218) that would authorize $1.0 mil-lion for legged mobility robotic research.

The House bill contained no similar provi-sion.

The Senate recedes. The conference outcome is reflected in the

tables of this report in Research, Develop-ment, Test, and Evaluation, Army PE 62601A. Wideband digital airborne electronic sensing

array The Senate amendment contained a provi-

sion (sec. 219) that would authorize $3.0 mil-lion for Air Force research on the wideband digital airborne electronic sensing array.

The House bill contained no similar provi-sion.

The Senate recedes. The conference outcome is reflected in the

tables of this report in Research, Develop-ment, Test, and Evaluation, Air Force PE 62204F. Science and technology

The Senate amendment contained a provi-sion (sec. 220) that would authorize $45.0 mil-lion for competitively awarded basic re-search programs.

The House bill contained no similar provi-sion.

The Senate recedes. The conference outcome is reflected in the

tables of this report in Research, Develop-ment, Test, and Evaluation, Army PE 61103A, Navy PE 61103N, Air Force PE 61103F, Defense-wide PE 61101E, and Defense-wide PE 61120D8Z. High Altitude Airship program

The House bill contained a provision (sec. 223) that would make $5.0 million available for the High Altitude Airship program from amounts provided in section 201 for Re-search, Development, Test, and Evaluation, Air Force.

The Senate amendment contained no simi-lar provision.

The House recedes. The conference outcome is reflected in the

tables of this report in Research, Develop-ment, Test, and Evaluation. Testing and operations for missile defense

The Senate amendment contained a provi-sion (sec. 236) that would make available an additional $45.0 million for the Ballistic Mis-sile Defense Midcourse Defense Segment (PE 63882C) to accelerate the ability to conduct concurrent test and missile defense oper-ations and to increase the pace of realistic flight testing of the ground-based midcourse defense system.

The House bill contained no similar provi-sion.

The Senate recedes. The conference outcome is reflected in the

tables of this report in Research, Develop-ment, Test, and Evaluation, Defense wide, PE 63882C. Report on biometrics programs of the Depart-

ment of Defense The Senate amendment contained a provi-

sion (sec. 257) that would require the Sec-retary of Defense to submit a report on the management and adequacy of biometrics programs.

The House bill contained no similar provi-sion.

The Senate recedes. The conferees note the importance of an

integrated biometrics program to meet De-partment of Defense needs in the areas of network security and access, facility secu-rity, intelligence and detainee operations, force protection, and homeland and border security.

The conferees direct the Secretary of De-fense to submit to the Committees on Armed Services of the Senate and the House of Rep-resentatives a report in both classified and unclassified form on the biometrics pro-grams of the Department. The report should be submitted no later than January 31, 2007, and should address the following:

(1) an assessment of the adequacy of the current executive agent management struc-ture for meeting the needs of the biometrics programs throughout the Department and recommendations, if any, for improvements to the management structure;

(2) current and anticipated future require-ments for the biometrics programs to meet needs throughout the Department;

(3) a description and assessment of ade-quacy of programs currently fielded to meet operational requirements, including those in Iraq and Afghanistan;

(4) an assessment of programmatic or capa-bility gaps in meeting future requirements; and

(5) actions being taken within the Depart-ment to coordinate and integrate biometrics programs among the departments and agen-cies of the executive branch, including devel-opment, requirements generation, resource allocation, and operational use.

For the purposes of the required report, the conferees consider the term ‘‘bio-metrics’’ to mean an identity management program or system that utilizes distinct per-sonal attributes, including DNA, facial fea-tures, irises, retinas, signatures, or voices, to identify individuals.

TITLE III—OPERATION AND MAINTENANCE

Operation and Maintenance overview

The budget request included $130,089.0 mil-lion in Operation and Maintenance, $23,445.6 million in Other Programs, and $2,436.4 mil-lion in Working Capital Fund Accounts for the Department of Defense.

The House bill would authorize $129,770.1 million in Operation and Maintenance, $23,647.0 million in Other Programs, and $2,503.2 million in Working Capital Fund Ac-counts.

The Senate amendment would authorize $129,531.8 million in Operation and Mainte-nance, $23,351.8 million in Other Programs, and $2,436.4 million in Working Capital Fund Accounts.

The conferees agree to authorize $129,018.1 million in Operation and Maintenance, $23,847.1 million in Other Programs, and $2,436.4 million in Working Capital Fund Ac-counts.

Unless noted explicitly in the statement of managers, all changes are made without prejudice.

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CONGRESSIONAL RECORD — HOUSEH8396 September 29, 2006 ITEMS OF SPECIAL INTEREST

C–17 maintenance, sustainment, and moderniza-tion

The conferees are concerned that the cur-rent Air Force plan to perform the long term, non-core maintenance, sustainment, and modernization of the C–17 largely through contractor logistics support may not be providing the warfighter with the most cost-effective solution. The recent De-partment of Defense Inspector General re-port entitled ‘‘Procurement Procedures Used for C–17 Globemaster III Sustainment Part-nership Total System Support’’ concluded that the Air Force did not use appropriate methodology for making the acquisition de-cision to procure contractor total system support for the C–17 aircraft, and that the Air Force failed to justify this decision with a business case analysis. The conferees be-lieve that a business case analysis that ex-amines the costs and benefits of multiple maintenance, sustainment, and moderniza-tion options (e.g. public/private partnerships) for the C–17 aircraft could lead to a new maintenance, sustainment, and moderniza-tion strategy for the C–17, which would pro-vide substantial savings in total life cycle cost.

The conferees direct the Comptroller Gen-eral to perform a review of the Air Force’s current plans for a C–17 sustainment busi-ness case analysis to include: (1) the scope of the business case analysis, and (2) the appro-priateness of the options under consider-ation. The Comptroller General shall submit a report to the congressional defense com-mittees on the results of the review no later than June 1, 2007. Disposal of land at Norwalk Defense Fuel Sup-

ply Point, Norwalk, California The conferees note that the Secretary of

the Air Force, in consultation with the Gen-eral Services Administration, has entered into an agreement with the city of Norwalk, California to withhold any activity to con-vey by public sale the property at the Nor-walk Defense Fuel Supply Point in Norwalk, California until no earlier than November 21, 2006, in order to allow the city to prepare an offer for the fair market transfer of the prop-erty to the city.

The conferees expect that the Secretary of the Air Force will provide to the city the rel-evant and material information held by the Air Force related to the known environ-mental conditions and planned environ-mental remediation of the site to assist in the preparation of the city’s proposal. Public sale of damaged equipment

The conferees are concerned that the pub-lic may not be fully aware of the availability for purchase of damaged and unsalvageable equipment used in Operation Iraqi Freedom and Operation Enduring Freedom. The con-ferees encourage the military services and the Defense Logistics Agency (DLA) to es-tablish a public awareness campaign that will allow the services and DLA to more ag-gressively pursue the sale of such equipment that is appropriate for disposal to the public through the disposal process managed by the Defense Reutilization and Marketing Serv-ice.

LEGISLATIVE PROVISIONS ADOPTED Subtitle A—Authorization of Appropriations Authorization of appropriations (secs. 301–303)

The House bill contained provisions (secs. 301–303) that would authorize fiscal year 2007 funding levels for all operation and mainte-nance accounts, working capital funds, and other Department of Defense programs, in-cluding the Defense Inspector General, the Chemical Demilitarization Program, and the Defense Health Program.

The Senate amendment contained similar provisions (secs. 301–303).

The conference agreement includes these provisions.

Subtitle B—Environmental Provisions Revision of requirement for unexploded ord-

nance program manager (sec. 311) The House bill contained a provision (sec.

311) that would require the Secretary of De-fense to designate the unexploded ordnance program manager position required under section 2701(k) of title 10, United States Code, and add research to the list of policy and budget issues that are within the respon-sibility of the program manger. The provi-sion would also require that the position of program manager be filled by an employee in a position that is equivalent to pay grade 0– 6 or above, or a member of the armed forces who is serving in the grade of 0–6 or above. The program manager would be required to report to the Deputy Under Secretary of De-fense for Installations and Environment.

The Senate amendment contained no simi-lar provision.

The Senate recedes with a technical amendment. Funding of cooperative agreements under envi-

ronmental restoration program (sec. 312) The House bill contained a provision (sec.

314) that would amend section 2701(d)(2) of title 10, United States Code, to allow cooper-ative agreements entered into for environ-mental restoration at defense facilities to extend beyond the present 2-year limitation when the agreements are funded out of ei-ther the Department of Defense Base Closure Account 1990 or the Department of Defense Base Closure Account 2005.

The Senate amendment contained a simi-lar provision (sec. 334).

The Senate recedes. Response plan for remediation of unexploded

ordnance, discarded military munitions, and munitions constituents (sec. 313)

The Senate amendment contained a provi-sion (sec. 331) that would require the Sec-retary of Defense to set remediation goals for the cleanup of unexploded ordnance, dis-carded military munitions, and munitions constituents. Those goals would be to com-plete, by not later than September 30, 2007, preliminary assessments at all active instal-lations and formerly used defense sites (other than operational ranges); to complete, by not later than September 30, 2010, site in-spections at all active installations and for-merly used defense sites (other than oper-ational ranges); to achieve, by not later than September 30, 2009, a remedy in place or re-sponse complete at all military installations closed or realigned as part of a round of De-fense Base Closure and Realignment prior to the 2005 round; and to achieve, by a date cer-tain established by the Secretary of Defense, a remedy in place or response complete at all active installations and formerly used de-fense sites (other than operational ranges) and all military installations realigned or closed under the 2005 Defense Base Closure and Realignment round.

The provision would also require the Sec-retary to submit to the congressional de-fense committees a comprehensive plan for addressing the remediation of unexploded ordnance by March 1, 2007. The Secretary would be required to update this plan not later than March 15 of 2008, 2009, and 2010. The provision would allow the goals estab-lished for unexploded ordnance cleanup to be adjusted to respond to unforeseen cir-cumstances as part of the annual update of the plan.

The provision would also require the Sec-retary to submit a report to the congres-sional defense committees, not later than

March 1, 2007, on the status of efforts of the Department of Defense to achieve agreement with relevant regulatory agencies on appro-priate reuse standards or principles related to the remediation of unexploded ordnance, discarded military munitions, and munitions constituents.

The House bill contained no similar provi-sion.

The House recedes with a technical amend-ment. Research on effects of ocean disposal of muni-

tions (sec. 314) The House bill contained a provision (sec.

312) that would require the Secretary of De-fense to identify, research, monitor, and pro-vide navigational and safety information on conventional and chemical military muni-tions disposal sites in the coastal waters of the United States.

The Senate amendment contained a simi-lar provision (sec. 333). The provision would require the Secretary of Defense to review historical records to determine the number, size, and probable locations of disposal sites, and the types of military munitions disposed of at the sites. The Secretary would be re-quired to release periodically to the public and submit annually to Congress the infor-mation obtained in this review, including a final report in the annual report to Congress on environmental restoration activities of the Department of Defense for fiscal year 2009. The Secretary would also be required to conduct research on the effects on the ocean environment and those who use it of mili-tary munitions disposed of in coastal waters. The provision would further require that if the historical review or the research con-ducted indicates that contamination is being released at a particular site, or that the site poses a significant public health or safety risk, the Secretary would be required to in-stitute appropriate monitoring mechanisms and report to Congress on any additional measures that may be necessary.

The House recedes with a clarifying amendment. Reimbursement of Environmental Protection

Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington (sec. 315)

The House bill contained a provision (sec. 313) that would authorize the Secretary of Defense to transfer not more than $111,114.03 to the Moses Lake Wellfield Superfund Site, 10–6J special account, to reimburse the Envi-ronmental Protection Agency for costs in-curred in overseeing a remedial investiga-tion and feasibility study performed by the Department of the Army.

The Senate amendment contained a simi-lar provision (sec. 335).

The House recedes with a technical amend-ment. Transfer of Government-furnished uranium

stored at Sequoyah Fuels Corporation, Gore, Oklahoma (sec. 316)

The Senate amendment contained a provi-sion (sec. 3301) that would require the Sec-retary of the Army to transport to an au-thorized disposal facility for appropriate dis-posal all of the Government-furnished ura-nium in the chemical and physical form in which it is stored at the Sequoyah Fuels Cor-poration site in Gore, Oklahoma, by not later than March 31, 2007.

The House bill contained no similar provi-sion.

The House recedes with a technical amend-ment. Extension of authority to grant exemptions to

certain requirements (sec. 317) The Senate amendment contained a provi-

sion (sec. 332) that would authorize the Ad-ministrator of the Environmental Protection

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CONGRESSIONAL RECORD — HOUSE H8397 September 29, 2006 Agency to grant an exemption for up to 3 years to the Secretary of Defense and the Secretaries of the military departments to transport polychlorinated biphenyls gen-erated by, or under the control of, the De-partment of Defense into the United States for purposes of their disposal, treatment, or storage.

The House bill contained no similar provi-sion.

The House recedes with an amendment that would authorize the Administrator of the Environmental Protection Agency to ex-tend an exemption that has not yet expired for a period not to exceed 60 days for the pur-pose of authorizing the Secretary of Defense and the Secretaries of the military depart-ments to provide for the transportation into the United States of polychlorinated biphenyls generated by, or under the control of, the Department for the purposes of their disposal, treatment, or storage, if those poly-chlorinated biphenyls are already in transit. National Academy of Sciences study on human

exposure to contaminated drinking water at Camp Lejeune, North Carolina (sec. 318)

The Senate amendment contained a provi-sion (sec. 352) that would require the Sec-retary of the Navy to enter into an agree-ment with the National Academy of Sciences to conduct a comprehensive review and eval-uation of the available scientific and medical evidence regarding associations between pre- natal, child, and adult exposure to drinking water contaminated with trichloroethylene and tetrachloroethylene at Camp Lejeune, North Carolina, as well as exposures to levels of trichloroethylene and tetrachloroethylene similar to those experienced at Camp Lejeune, and birth defects or diseases and any other adverse health effects. The provi-sion would also require that, upon comple-tion of the current epidemiological study by the Agency for Toxic Substances Disease Registry, the Commandant of the Marine Corps take appropriate actions, including use of national media, to notify former Camp Lejeune residents and employees who may have been exposed to contaminated drinking water at Camp Lejeune of the results of the study.

The House bill contained no similar provi-sion.

The House recedes. Subtitle C—Program Requirements,

Restrictions, and Limitations Limitation on financial management improve-

ment and audit initiatives within the De-partment of Defense (sec. 321)

The Senate amendment contained a provi-sion (sec. 313) that would prohibit the Sec-retary of Defense from obligating any funds for activities related to the Department of Defense financial management improvement effort until the Secretary submits to the congressional defense committees a written determination that each activity proposed to be funded is consistent with the financial management improvement plan of the De-partment and likely to improve internal con-trols or otherwise result in sustained im-provements in the ability of the Department to produce timely, reliable, and complete fi-nancial management information.

The House bill contained no similar provi-sion.

The House recedes. Funds for exhibits for the national museums of

the Armed Forces (sec. 322) The Senate amendment contained a provi-

sion (sec. 312) that would make $3.0 million of the amounts appropriated to each of the armed force operation and maintenance ac-counts available to each Secretary of a mili-tary department for education and training purposes to acquire, install, and maintain

exhibits at each facility designated by the Secretary concerned as the national museum for each armed force.

The House bill contained no similar provi-sion.

The House recedes with a clarifying amendment. Prioritization of funds for equipment readiness

and strategic capability (sec. 323) The House bill contained a provision (sec.

346) that would require the Secretary of the Army to fully fund the reset of equipment used in the global war on terrorism, the ful-fillment of equipment requirements for units transforming to modularity, and the recon-stitution of prepositioned stocks. The provi-sion would also require the Secretary to sub-mit to the congressional defense committees an annual report containing information on these funding priorities. The provision would limit to $2.85 billion the funds to be appro-priated annually for the Future Combat Sys-tems (FCS) until these funding priorities have been met.

The Senate amendment contained no simi-lar provision.

The Senate recedes with an amendment that would require the Secretary of Defense to ensure that financial resources are pro-vided to enable the Secretary of each mili-tary department to meet its requirements for repair, recapitalization, and replacement of equipment used in the global war on ter-rorism. The amendment would also require the Secretary of Defense to ensure financial resources are provided to the Secretary of the Army to meet the Army’s requirements for transforming to a modular force and re-constituting the equipment and materiel in Army prepositioned stocks. The amendment would further require the Secretary of De-fense to submit, as part of the normal budget justification materials, detailed information regarding the repair, recapitalization, or re-placement of equipment used in the global war on terror, the Army’s transformation to a modular force, and the reconstitution of equipment and materiel in Army prepositioned stocks. The amendment would require an annual report to the congres-sional defense committees from the Sec-retary of the Army on the Army’s progress in meeting the above requirements, and a re-port from the Comptroller General to the congressional defense committees containing an assessment of the Army’s progress in meeting the above requirements. Limitation on deployment of Marine Corps Total

Force System to Navy (sec. 324) The conferees agree to include a provision

that would prohibit the expenditure of any funds for the development or modernization of Navy and Marine Corps manpower, per-sonnel, and pay information technology sys-tems for the application of the Marine Corps Total Force Systems (MCTFS) or any deriva-tive system to the Navy until several condi-tions have been met. The provision would re-quire the Secretary of the Navy to prepare an analysis of alternatives, comparing MCTFS to the Defense Integrated Military Human Resources System; a business case analysis; and an analysis of compatibility of MCTFS with the enterprise architecture of the Department of Defense. The provision would require the Government Account-ability Office to conduct a review of the Navy reports within 90 days of receipt of the reports and provide a written assessment to the congressional defense committees and to the Chairman of the Defense Business Sys-tems Management Committee (DBSMC). The provision would require that, no sooner than 120 days after receiving the Navy’s reports, the Chairman of the DBSMC determine in writing to the congressional defense commit-tees whether it is in the best interests of the Department to apply MCTFS to the Navy.

Subtitle D—Workplace and Depot Issues Permanent exclusion of certain contract expend-

itures from percentage limitation on the per-formance of depot-level maintenance (sec. 331)

The House bill contained a provision (sec. 321) that would extend for 5 years the author-ity to exclude amounts expended for the per-formance of depot-level maintenance work-load by nonfederal government personnel at a Center of Industrial and Technical Excel-lence from the percentage limitation in sec-tion 2466(a) of title 10, United States Code, if the personnel performing the work are pro-vided pursuant to a public-private partner-ship.

The Senate amendment contained a simi-lar provision (sec. 362) that would extend the exclusion indefinitely.

The House recedes with an amendment that would move the reporting requirement contained in section 2474(f) of title 10, United States Code, to section 2466(e) of title 10, United States Code. The amendment would also add an element to that report and re-move the requirement for a Comptroller General review of that report. Minimum capital investment for certain depots

(sec. 332) The House bill contained a provision (sec.

322) that would require the Secretary of the Air Force to invest a minimum of 6 percent of the total revenue of the Air Force depots in the capital investment budget to improve or sustain depot maintenance facilities, equipment, or processes.

The Senate amendment contained a simi-lar provision (sec. 361). The provision would require a public depot that utilizes a work-ing capital fund to invest, at a minimum, 6 percent of the actual total revenues from the previous year for capital investment within that depot.

The Senate recedes with an amendment that would require all military departments to invest, at a minimum, 6 percent of aver-age total revenues over the previous 3 years in their public depots for infrastructure, equipment, and process improvements. The Departments of the Army and Navy would only be required to invest at a minimum 4 percent in fiscal year 2007 and 5 percent in fiscal year 2008, before rising to 6 percent per fiscal year thereafter. The amendment would provide for a waiver authority for the Sec-retary of Defense if the Secretary determines that the waiver is necessary for reasons of national security and notifies the congres-sional defense committees.

For the purposes of this provision, invest-ment shall include those funds spent on the construction, addition, recapitalization, im-provement, restoration, or modernization of depot infrastructure, equipment, and process improvements in direct support of depot op-erations. Other facility investments (i.e. in-stallation and military community support facilities, utility infrastructure, and invest-ment in facilities supporting other missions and functions of the installation) made at the same location as the depot facilities, but not in direct support of depot maintenance operations, shall not count toward the min-imum investment requirement.

The amendment would also require the military departments to report to the con-gressional defense committees on the level and type of investment, and a long-term depot maintenance facilities strategy.

Extension of temporary authority for con-tractor performance of security guard func-tions (sec. 333)

The House bill contained a provision (sec. 323) that would extend the temporary au-thority to contract for increased perform-ance of security guard functions. The au-thority would expire at the end of fiscal year

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CONGRESSIONAL RECORD — HOUSEH8398 September 29, 2006 2008. This section would require a report on implementation of the recommendations of a Government Accountability Office report on contractor security guards.

The Senate amendment contained no simi-lar provision.

The Senate recedes with an amendment that would change the expiration date of the authority to contract for security guard functions until the end of fiscal year 2009. The amendment would also require that the total number of personnel employed under such contracts in fiscal year 2007 be no more than the total employed on October 1, 2006. The total number of personnel employed would be further limited in fiscal year 2008 to 90 percent of the number employed on Octo-ber 1, 2006, and 80 percent of that number in fiscal year 2009.

Subtitle E—Reports Report on Navy Fleet Response Plan (sec. 341)

The House bill contained a provision (sec. 332) that would require the Secretary of the Navy to submit a report on the Navy Fleet Response Plan. The provision would also re-quire the Comptroller General to submit a review of the Secretary’s report. The provi-sion would postpone the expansion of the Fleet Response Plan beyond the carrier strike groups until October 1, 2007.

The Senate amendment contained no simi-lar provision.

The Senate recedes with an amendment that would change some of the required ele-ments of the two reports, change the date the Comptroller General’s report is due, and change the limitation date on expansion of the Fleet Response Plan beyond carrier strike groups. Report on Navy surface ship rotational crew

programs (sec. 342) The House bill contained a provision (sec.

333) that would require the Secretary of the Navy to submit a report on ship rotational crew experiments. The provision would also require the Comptroller General to submit an assessment of the Secretary of Navy’s re-port and require the Director of the Congres-sional Budget Office to submit a report on the long-term benefits and costs of surface ship crew rotational programs. The provision would postpone the implementation of any new surface ship rotational crew experiment or program until October 1, 2009.

The Senate amendment contained no simi-lar provision.

The Senate recedes with an amendment that would allow the ongoing crew rotation program for mine countermeasure ships and allow the Navy to employ two crews per ship for the first four Littoral Combat Ships. Report on Army live-fire ranges in Hawaii (sec.

343) The House bill contained a provision (sec.

334) that would require the Secretary of the Army to submit a report to Congress on the adequacy of live-fire training facilities in the state of Hawaii.

The Senate amendment contained no simi-lar provision.

The Senate recedes. Comptroller General report on joint standards

and protocols for access control systems at Department of Defense installations (sec. 344)

The House bill contained a provision (sec. 335) that would require the Comptroller Gen-eral to submit a report on joint standards and protocols for access control systems at Department of Defense installations.

The Senate amendment contained no simi-lar provision.

The Senate recedes. Comptroller General report on readiness of Army

and Marine Corps ground forces (sec. 345) The Senate amendment contained a provi-

sion (sec. 351) that would require the Comp-

troller General to submit a report, not later than March 1, 2007, to the congressional de-fense committees on the readiness of Army and Marine Corps ground forces.

The House bill contained no similar provi-sion.

The House recedes with an amendment that would change the deadline of the report to June 1, 2007, and require the report to be submitted to the Committees on Armed Services of the Senate and the House of Rep-resentatives. Report on Air Force safety requirements for Air

Force flight training operations at Pueblo Memorial Airport, Colorado (sec. 346)

The Senate amendment contained a provi-sion (sec. 360) that would require the Sec-retary of the Air Force to submit to the con-gressional defense committees a report, not later than February 15, 2007, on Air Force flight safety requirements at Pueblo Memo-rial Airport, Colorado.

The House bill contained no similar provi-sion.

The House recedes with an amendment that would require the Secretary to include in the report a description of the funding of fire-fighting and crash rescue support through the execution of a services contract for the Initial Flight Screening program. Annual report on Personnel Security Investiga-

tions for Industry and National Industrial Security Program (sec. 347)

The House bill contained provisions (secs. 336 and 1041) that would address personnel se-curity investigations. Section 336 would re-quire the Secretary of Defense to provide a report to Congress on the status of industry personnel security clearances granted be-tween October 1, 1999, and September 30, 2006. The provision would require that the initial report be followed by semi-annual updates, including a certification by the Secretary concerning improvements to the personnel security clearance investigation process. Section 1041 would prohibit the Department of Defense from allowing a security clear-ance that is pending renewal to expire unless the Secretary certifies to Congress that the Defense Security Service is fully funded, continuing to accept requests from industry, and has taken steps to eliminate its backlog of requests.

The Senate amendment contained no simi-lar provisions.

The Senate recedes with an amendment that would require the Secretary to provide an annual report on the status of industry security clearances with the submission of the President’s annual budget request. The amendment would also require a report by the Comptroller General on the status and cost of industry security clearance investiga-tions conducted between October 1, 1999, and September 30, 2006, as well as the Depart-ment’s progress in achieving improvements to the personnel security investigations pro-gram. Five-year extension of annual report on train-

ing range sustainment plan and training range inventory (sec. 348)

The Senate amendment contained a provi-sion (sec. 353) that would express the sense of Congress that the Department of Defense should establish a policy to identify military aerial training areas, determine aerial train-ing airspace requirements to meet future training needs, and undertake necessary ac-tions to preserve and, if necessary, expand those areas of airspace needed for training requirements. The provision would also re-quire the Secretary of Defense to submit a report to the congressional defense commit-tees setting forth a plan to meet the Depart-ment’s airspace needs through 2025.

The House bill contained no similar provi-sion.

The House recedes with an amendment that would extend for 5 years the annual re-port on the Department’s training range sustainment plan and training range inven-tory required by section 366 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314). The amendment would also extend the period for the Comptroller General’s review of the re-port from 60 days to 90 days.

The conferees note that the Comptroller General’s most recent assessment of the Sec-retary’s annual report stated that, once again, the report did not include an assess-ment of current and future training range re-quirements or an evaluation of the adequacy of resources to meet current and future training requirements, even though specifi-cally required to do so by current law.

The conferees also note, with great con-cern, that this assessment also indicates that some of the requirements of section 366 have not been met because Department offi-cials consider them overly burdensome or impractical. If the Department believes that it cannot comply with some requirements of the law, or that the requirement is overly burdensome, the conferees expect the De-partment to ask Congress to modify the ap-propriate portion of the law, not to ignore the requirements of the law.

The conferees are aware of the increasing pressure on our training ranges. Urban devel-opment around many installations in some cases has resulted in restrictions on night-time training. The growth of commercial and general aviation has put increasing pressure on current aviation training ranges and lim-its the possibility of expansion of those training areas in the future. Increasing capa-bility and range of both ground and aviation systems increases the likelihood that range requirements may increase in the future.

Therefore, the conferees extend the annual reporting requirement for an additional 5 years and expect that all future reports will fully comply with the requirements specified in section 366. Reports on withdrawal or diversion of equip-

ment from reserve units for support of re-serve units being mobilized and other units (sec. 349)

The Senate amendment contained a provi-sion (sec. 355) that would require the Secre-taries of the military departments to submit a report to the Secretary of Defense not later than 90 days after the withdrawal or di-version of equipment from a unit of the re-serve component to a unit of the active or reserve component to meet mission require-ments. The report would contain a plan to replace or recapitalize withdrawn or diverted equipment and a signed Memorandum of Un-derstanding between the reserve component unit from which equipment was withdrawn or diverted and the active or reserve compo-nent unit that received the withdrawn or di-verted equipment that specifies how the equipment will be tracked and the expected replacement date of the withdrawn or di-verted equipment.

The House bill contained no similar provi-sion.

The House recedes with an amendment that would require the Secretary of Defense to submit quarterly reports to the congres-sional defense committees on the withdrawal or diversion of equipment from a unit of the reserve component to a unit of the active or reserve component.

Subtitle F—Other Matters Department of Defense strategic policy on

prepositioning of materiel and equipment (sec. 351)

The House bill contained a provision (sec. 341) that would require the Secretary of De-fense to establish a comprehensive approach

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CONGRESSIONAL RECORD — HOUSE H8399 September 29, 2006 to Department of Defense prepositioning pro-grams. The provision would also limit the di-version of materiel and equipment from prepositioned stocks.

The Senate amendment contained no simi-lar provision.

The Senate recedes with an amendment that would add the requirements of combat-ant commands as a factor to be considered when creating the policy on prepositioning programs, and would also add the provision of humanitarian assistance as an authorized purpose for diversion of materiel and equip-ment from prepositioned stocks.

It is the conferees’ intent that any prepositioning policy created in accordance with this provision shall contain guidance regarding how quickly prepositioned equip-ment sets must be reconstituted when they have been used for contingency or humani-tarian operations.

Authority to make Department of Defense horses available for adoption (sec.

352) The House bill contained a provision (sec.

342) that would amend section 2583 of title 10, United States Code, to include horses owned by the Department of Defense.

The Senate amendment contained no simi-lar provision.

The Senate recedes.

Sale and use of proceeds of recyclable munitions materials (sec. 353)

The House bill contained a provision (sec. 343) that would authorize the Secretary of the Army to establish a program to sell recy-clable materials resulting from the demili-tarization of conventional military muni-tions. The proceeds from the sales would be available to the Army for reclamation, recy-cling, and reuse of conventional military munitions.

The Senate amendment contained a simi-lar provision (sec. 371).

The Senate recedes with a technical amendment.

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. 354)

The Senate amendment contained a provi-sion (sec. 379) that would allow the Secretary of the Army to recover rifles, ammunition, repair parts, and other supplies from a coun-try who had received those items under the Foreign Assistance Act of 1961 (22 U.S.C. 2314), when those items are excess to the needs of that country. The recovered rifles, ammunition, repair parts, and other supplies would be available for transfer to the Cor-poration for the Promotion of Rifle Practice and Firearms Safety.

The House bill contained no similar provi-sion.

The House recedes with a technical amend-ment.

Extension of Department of Defense tele-communications benefit program (sec. 355)

The Senate amendment contained a provi-sion (sec. 373) that would extend the author-ization for the Department of Defense tele-communications benefit from September 30, 2006, to 60 days after the date on which the Secretary of Defense has declared that a con-tingency operation has ended. The provision would also authorize the Secretary to extend the telecommunications benefit to members who remain hospitalized as a result of wounds or injuries incurred while serving in support of a contingency operation.

The House bill contained no similar provi-sion.

The House recedes with a technical amend-ment.

Extension of availability of funds for commemo-ration of success of the Armed Forces in Op-eration Enduring Freedom and Operation Iraqi Freedom (sec. 356)

The Senate amendment contained a provi-sion (sec. 374) that would amend section 378(b)(2) of the National Defense Authoriza-tion Act for Fiscal Year 2006 (Public Law 109–163) to extend the authority for com-memoration of success of the armed forces in Operation Enduring Freedom and Operation Iraqi Freedom through fiscal year 2007.

The House bill contained no similar provi-sion.

The House recedes. Capital security cost sharing (sec. 357)

The House bill contained a provision (sec. 344) that would require the Secretary of De-fense to provide to the congressional defense committees an annual accounting of Depart-ment of Defense overseas staffing levels, and to reconcile that accounting with the cost- sharing fees levied by the Secretary of State, in accordance with section 629(e)(1) of the Consolidated Appropriations Act, 2005 (Pub-lic Law 108–447).

The Senate amendment contained no simi-lar provision.

The Senate recedes. Utilization of fuel cells as back-up power sys-

tems in Department of Defense operations (sec. 358)

The Senate amendment contained a provi-sion (sec. 377) that would require the Sec-retary of Defense to consider the use of fuel cells as replacements for current back-up power systems.

The House bill contained no similar provi-sion.

The House recedes with an amendment that would require the Secretary to also con-sider the use of fuel cells in individual equip-ment items. Improving Department of Defense support for

civil authorities (sec. 359) The Senate amendment contained a provi-

sion (sec. 378) that would authorize the Sec-retary of Defense to preposition prepackaged or preidentified basic response assets such as medical supplies, food, water, and commu-nications equipment in order to improve the ability of the Department of Defense to rap-idly respond to requests for support from ci-vilian authorities, and would require that the Department be reimbursed for the cost of such activities.

The House bill contained no similar provi-sion.

The House recedes with an amendment that would authorize the Secretary of De-fense to consult with the Secretary of Home-land Security in the development of concept plans to support civilian authorities. Energy efficiency in weapons platforms (sec.

360) The Senate amendment contained a provi-

sion (sec. 375) that would establish a policy for the Department of Defense to improve the fuel efficiency of weapons platforms, consistent with mission requirements. The provision would also require a report from the Secretary of Defense regarding the progress in implementing that policy.

The House bill contained no similar provi-sion.

The House recedes. Prioritization of funds within Navy mission op-

erations, ship maintenance, combat support forces, and weapons system support (sec. 361)

The House bill contained a provision (sec. 345) that would require the Secretary of the Navy to ensure that 100 percent of the re-quirements for steaming days per quarter for deployed and non-deployed ship operations

and 100 percent of the projected ship and air depot maintenance workload are funded be-fore Navy operation and maintenance funds may be expended for the Navy Expeditionary Combat Command. The provision would also require the Secretary of the Navy to submit a report with the annual budget request cer-tifying that these requirements are fully funded.

The Senate amendment contained no simi-lar provision.

The Senate recedes with an amendment that would express the sense of Congress that the Secretary of Defense should ensure sufficient funds are provided to support the critical training and depot maintenance nec-essary for the Navy to support the National Military Strategy. The amendment would also require a certification from the Sec-retary of Defense that the Navy has budg-eted to fully meet their requirements for ship steaming days per quarter and for pro-jected aviation and ship depot maintenance requirements. The amendment would limit the obligation of funds to no more than 80 percent of the total funds in Operation and Maintenance, Defense-wide, for the Office of the Secretary of Defense, until that certifi-cation has been submitted. The amendment would further require the Secretary of the Navy to submit two reports to the congres-sional defense committees. The first is an annual report regarding the progress towards the above requirements and the second is a report on the Riverine Squadrons of the Navy. Provision of adequate storage space to secure

personal property outside of assigned mili-tary family housing unit (sec. 362)

The conferees agree to include a provision that would require the Secretary of a mili-tary department to provide, under certain conditions, a means for the storage of cer-tain personal possessions belonging to mili-tary members residing in family housing who are assigned to a family-restricted area for a period greater than 180 days. Expansion of payment of replacement value of

personal property damaged during transport at Government expense (sec. 363)

The House bill contained a provision (sec. 1102) that would amend section 2636a of title 10, United States Code, to authorize con-tracting for full replacement value coverage for household goods of civilian employees of the Department of Defense damaged or lost during transportation at government ex-pense.

The Senate amendment contained a provi-sion (sec. 631) that would amend section 2636a of title 10, United States Code, to re-quire the Secretary of Defense, not later than March 1, 2008, to include in contracts for the transportation of baggage and house-hold effects for both military members and civilian employees a clause requiring car-riers to pay the full replacement value for loss or damage. The provision would also re-quire certain certifications by the Secretary about the Families First program and a re-view and assessment by the General Ac-countability Office on December 1, 2006, and June 1, 2007, respectively, of the progress of the Department in implementing the Fami-lies First program.

The House recedes. LEGISLATIVE PROVISIONS NOT ADOPTED

Limitation on availability of funds for the Army Logistics Modernization Program

The Senate amendment contained a provi-sion (sec. 311) that would prohibit the ex-penditure of any funds for continuing the Army Logistics Modernization Program until the Secretary of Defense certifies that the program has adequately addressed its many shortcomings.

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CONGRESSIONAL RECORD — HOUSEH8400 September 29, 2006 The House bill contained no similar provi-

sion. The Senate recedes.

Limitation on availability of operation and maintenance funds for the management headquarters of the Defense Information Systems Agency

The Senate amendment contained a provi-sion (sec. 314) that would restrict funds au-thorized to be appropriated for the operation and maintenance of the management head-quarters of the Defense Information Systems Agency until the Secretary of Defense sub-mits a report to the congressional defense committees on the acquisition strategy of the Department of Defense for commercial satellite services.

The House bill contained no similar provi-sion.

The Senate recedes. Analysis and report regarding contamination

and remediation responsibility for Norwalk Defense Fuel Supply Point, Norwalk, Cali-fornia

The House bill contained a provision (sec. 315) that would require the Secretary of the Air Force to report to Congress not later than January 30, 2007, on matters related to contamination and remediation of property at the Norwalk Defense Fuel Supply Point in Norwalk, California. This provision would also prohibit the Secretary of the Air Force from conveying the property before pursuing a fair market value transfer of the property to the City of Norwalk, submitting the re-quired report, and providing an explanation of why efforts to transfer the property to the city have not been successful.

The Senate amendment contained no simi-lar provision.

The House recedes. Report regarding scope of perchlorate contami-

nation at Formerly Used Defense Sites The House bill contained a provision (sec.

316) that would require the Secretary of De-fense to submit to Congress a report con-taining the results of a study of the scope of perchlorate contamination at Formerly Used Defense Sites, including identification of military installations or contractors that may have stored perchlorate or products containing perchlorate.

The Senate amendment contained no simi-lar provision.

The House recedes. Infantry combat equipment

The Senate amendment contained a provi-sion (sec. 316) that would authorize $2.5 mil-lion in Operation and Maintenance, Marine Corps Reserve for infantry combat equip-ment.

The House bill contained no similar provi-sion.

The Senate recedes. The conference outcome is reflected in the

tables of this report in Operation and Main-tenance, Marine Corps Reserve. Individual First Aid Kit

The Senate amendment contained a provi-sion (sec. 317) that would authorize $1.5 mil-lion in Operation and Maintenance, Marine Corps Reserve for the Individual First Aid Kit.

The House bill contained no similar provi-sion.

The Senate recedes. The conference outcome is reflected in the

tables of this report in Operation and Main-tenance, Marine Corps Reserve. Reading for the Blind and Dyslexic program of

the Department of Defense The Senate amendment contained a provi-

sion (sec. 318) that would authorize $500,000 in Operation and Maintenance, Defense-wide, for the Reading for the Blind and Dyslexic

program of the Department of Defense for se-verely wounded or injured members of the Armed Forces.

The House bill contained no similar provi-sion.

The Senate recedes. The conference outcome is reflected in the

tables of this report. Military training infrastructure improvements

at Virginia Military Institute

The Senate amendment contained a provi-sion (sec. 319) that would make $2.9 million from Operation and Maintenance, Army (OMA), available to the Virginia Military In-stitute for military training infrastructure improvements.

The House bill contained no similar provi-sion.

The Senate recedes. However, the conferees agree to authorize

an increase of $2.9 million in OMA for the Virginia Military Institute for military training infrastructure improvements to pro-vide adequate field training of all Armed Forces Reserve Officer Training Corps. The conference agreement is reflected in the ta-bles of this report. Environmental documentation for beddown of

F–22A aircraft at Holloman Air Force Base, New Mexico

The Senate amendment contained a provi-sion (sec. 320) that would require the Sec-retary of the Air Force to prepare environ-mental documentation for the beddown of F– 22A aircraft at Holloman Air Force Base, New Mexico.

The House bill contained no similar provi-sion.

The Senate recedes. The conferees note that the Air Force is

conducting the environmental compliance documentation under the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to support the beddown of the F–22A aircraft at Holloman Air Force Base, New Mexico, and urge the Air Force to expeditiously complete such re-quirements. Report on CH–47 helicopter reset

The House bill contained a provision (sec. 324) that would require a report from the Secretary of the Army regarding reset of all CH–47 helicopters in the Army inventory.

The Senate amendment contained no simi-lar provision.

The House recedes. Report on nuclear attack submarine depot main-

tenance

The House bill contained a provision (sec. 331) that would require the Secretary of the Navy to submit a report on criteria used when a nuclear attack submarine is sent for maintenance to a facility other than a facil-ity located at the homeport of the sub-marine.

The Senate amendment contained no simi-lar provision.

The House recedes. The conferees direct the Secretary of the

Navy to provide to the Committees on Armed Services of the Senate and the House of Representatives the formal directive or guidance for nuclear attack submarine main-tenance once it is completed.

Report on actions to reduce Department of De-fense consumption of petroleum-based fuel

The Senate amendment contained a provi-sion (sec. 354) that would require the Sec-retary of Defense to report on the actions taken, and to be taken, by the Department of Defense to reduce the consumption of pe-troleum-based fuels.

The House bill contained no similar provi-sion.

The Senate recedes.

The conferees note that the implementa-tion of current legislation and regulatory guidance should facilitate reduction of pe-troleum-based fuels by the Department. Therefore, the conferees direct the Secretary to submit a report, not later than September 1, 2007, to the Committees on Armed Services of the Senate and the House of Representa-tives on the status of implementation by the Department of the requirements contained in the following:

(1) Energy Policy Act of 2005 (Public Law 109–58);

(2) Energy Policy Act of 1992 (Public Law 102–486);

(3) Executive Order 13123; (4) Executive Order 13149; and (5) other regulations or directions relating

to the Department’s consumption of petro-leum-based fuels.

Furthermore, the conferees are concerned that although Flexible Fuel Vehicles (FFVs) are being introduced into the Department’s vehicle inventory, little reduction in petro-leum-based fuel is being realized because op-erators continue to fuel the FFVs with gaso-line rather than E85 (85 percent ethanol with 15 percent gasoline) or M85 (85 percent meth-anol and 15 percent gasoline). Therefore, the conferees direct the Secretary to include in the report an analysis of the reduction of pe-troleum-based fuels since introduction of FFVs into the inventory and an assessment of how the Department might increase the consumption of E85 or M85 in FFVs. Plan to replace equipment withdrawn or di-

verted from the reserve components of the Armed Forces for Operation Iraqi Freedom or Operation Enduring Freedom

The Senate amendment contained iden-tical provisions (secs. 356–357) that would re-quire the Secretary of Defense to submit to the congressional defense committees a plan to replace equipment withdrawn or diverted from units of the reserve components of the Armed Forces for use in Operation Iraqi Freedom or Operation Enduring Freedom.

The House bill contained no similar provi-sion.

The Senate recedes. The conferees note that the reporting re-

quirements of these provisions are incor-porated elsewhere in this report. Report on High Altitude Aviation Training Site,

Eagle County, Colorado

The Senate amendment contained a provi-sion (sec. 359) that would require a report from the Secretary of the Army on the High Altitude Aviation Training Site (HAATS) in Eagle County, Colorado.

The House bill contained no similar provi-sion.

The Senate recedes. The conferees note that a similar reporting

requirement already exists in the House Re-port accompanying H.R. 5122 (H. Rept. 109– 452) of the G.V. ‘Sonny’ Montgomery Na-tional Defense Authorization Act for Fiscal Year 2007. Report on use of alternative fuels by the Depart-

ment of Defense

The Senate amendment contained a provi-sion (sec. 360A) that would require the Sec-retary of Defense to conduct a study on the use of alternative fuels by the Armed Forces and the defense agencies.

The House bill contained no similar provi-sion.

The Senate recedes. The conferees note that section 357 of the

National Defense Authorization Act for Fis-cal Year 2006 (Public Law 109–163) requires a study on the use of biodiesel and ethanol fuels containing at least 85 percent ethyl al-cohol. The conferees direct the Secretary of Defense to conduct a supplementary study

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CONGRESSIONAL RECORD — HOUSE H8401 September 29, 2006 that would address each of the elements set forth in paragraphs (1) through (7) of section 357(b) for the following alternative fuels: biofuels other than biodiesel, renewable die-sel, ethanol that contains less than 85 per-cent ethyl alcohol, cellulosic ethanol, and synthetic hydrocarbon-based fuels. The Sec-retary shall submit a report on the results of such a study not later than 180 days after the date of the enactment of this Act. The report may be incorporated into, or provided as an annex to, the study required by section 357(c). Additional exception to prohibition on con-

tractor performance of firefighting functions The Senate amendment contained a provi-

sion (sec. 363) that would provide an excep-tion to the prohibition on contracting for the performance of certain firefighting func-tions on military installations or facilities.

The House bill contained no similar provi-sion.

The Senate recedes. Temporary security guard services for certain

work caused by realignment of military in-stallations under the base closure laws

The Senate amendment contained a provi-sion (sec. 364) that would allow a military de-partment to contract for security-guard services at installations being realigned under the base closure laws.

The House bill contained no similar provi-sion.

The Senate recedes. Joint Advertising, Market Research, and Studies

Program The Senate amendment contained a provi-

sion (sec. 1416) that would authorize $10.0 million in Operation and Maintenance, De-fense-wide for the Joint Advertising, Market Research, and Studies program.

The House bill contained no similar provi-sion.

The Senate recedes.

The conference outcome is reflected in the tables of this report in Operation and Main-tenance, Defense-wide.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A—Active Forces

End strengths for active forces (sec. 401)

The House bill contained a provision (sec. 401) that would authorize the following end strengths for active-duty personnel of the armed forces as of September 30, 2007: Army, 512,400; Navy, 340,700; Marine Corps, 180,000; and Air Force, 334,200.

The Senate amendment contained a simi-lar provision (sec. 401).

The Senate recedes. The conferees recommend end strength

levels for active forces for fiscal year 2007 as set forth in the following table:

Service FY 2006 author-ized

FY 2007 Change from

Request Conferee rec-ommendation FY 2007 request FY 2006 author-

ized

Army ............................................................................................................................................................................................................... 512,400 482,400 512,400 30,000 0 Navy ................................................................................................................................................................................................................ 352,700 340,700 340,700 0 -12,000 Marine Corps .................................................................................................................................................................................................. 179,000 175,000 180,000 5,000 1,000 Air Force ......................................................................................................................................................................................................... 357,400 334,200 334,200 0 -23,200

DoD Total ............................................................................................................................................................................................... 1,401,500 1,332,300 1,367,300 35,000 -34,200

Revision in permanent active duty end strength minimum levels (sec. 402)

The House bill contained a provision (sec. 402) that would establish new minimum ac-tive duty end strengths for the Army, Navy, Marine Corps, and Air Force as of September 30, 2007.

The Senate amendment contained a provi-sion (sec. 402) that would repeal section 691 of title 10, United States Code, which estab-lishes permanent end strength levels nec-essary to support a national defense strategy to be able to conduct two nearly simulta-neous major regional contingencies.

The Senate recedes with an amendment that would maintain the minimum active duty end strength level for the Army at the fiscal year 2006 level of 502,400.

The conferees recommend minimum end strength levels for active forces as set forth in the following table:

Service FY 2006 author-ized

2007 Change from

Conference rec-ommendation FY 2006

Army ..................................................................................................................................................................................................................................................................................... 502,400 502,400 0 Navy ..................................................................................................................................................................................................................................................................................... 352,700 340,700 -12,000 Marine Corps ........................................................................................................................................................................................................................................................................ 179,000 180,000 1,000 Air Force ............................................................................................................................................................................................................................................................................... 357,400 334,200 -23,200

DoD Total .................................................................................................................................................................................................................................................................... 1,391,500 1,357,300 -34,200

Additional authority for increases of Army and Marine Corps active duty end strengths for fiscal years 2008 and 2009 (sec. 403)

The House bill contained a provision (sec. 403) that would authorize additional in-creases of active duty end strength for the Army and for the Marine Corps in fiscal years 2008 and 2009 above the strengths au-thorized for those services in fiscal year 2007. The provision would authorize an additional 20,000 troops for a total end strength of 532,400 for the Army, and an additional 4,000 troops for a total end strength of 184,000 for

the Marine Corps, during fiscal years 2008 and 2009.

The Senate amendment contained no simi-lar provision.

The Senate recedes. Subtitle B—Reserve Forces

End strengths for Selected Reserve (sec. 411) The House bill contained a provision (sec.

411) that would authorize the following end strengths for Selected Reserve personnel, in-cluding the end strengths for reserves on ac-tive duty in support of the reserves as of September 30, 2007: the Army National Guard

of the United States, 350,000; the Army Re-serve, 200,000; the Navy Reserve, 71,300; the Marine Corps Reserve, 39,600; the Air Na-tional Guard of the United States, 107,000; the Air Force Reserve, 74,900; and the Coast Guard Reserve, 10,000.

The Senate amendment contained an iden-tical provision (sec. 411).

The conference agreement includes this provision.

The conferees recommend end strength levels for the Selected Reserve for fiscal year 2007 as set forth in the following table:

Service FY 2006 author-ized

FY 2007 Change from

Request Conferee rec-ommendation FY 2007 request FY 2006 author-

ized

Army National Guard ...................................................................................................................................................................................... 350,000 350,000 350,000 0 0 Army Reserve .................................................................................................................................................................................................. 205,000 200,000 200,000 0 ¥5,000 Navy Reserve .................................................................................................................................................................................................. 73,100 71,300 71,300 0 ¥1,800 Marine Corps Reserve .................................................................................................................................................................................... 39,600 39,600 39,600 0 0 Air National Guard ......................................................................................................................................................................................... 106,800 107,000 107,000 0 +200 Air Force Reserve ........................................................................................................................................................................................... 74,000 74,900 74,900 0 +900

DoD Total ............................................................................................................................................................................................... 848,500 842,800 842,800 0 ¥5,700 Coast Guard Reserve ..................................................................................................................................................................................... 10,000 10,000 10,000 0 0

Should Army National Guard end strength fall below the authorized number, the con-ferees direct that the unused additional funds may only be used for Army National Guard priorities, and only after the Depart-ment of Defense complies with the normal budget process that includes submitting

prior notification and a detailed justification to Congress.

Although agreeing to reduce Army Reserve end strength for fiscal year 2007 to 200,000, as requested in the President’s budget, the con-ferees are concerned that this end strength authorization is not adequate to sustain the combat support and combat service support

structure that the Army Reserve will be re-quired to provide to the Army’s future mod-ular force.

Notwithstanding this end strength reduc-tion, the conferees note that the Secretary of Defense is authorized under section 115 of title 10, United States Code, to vary, by not

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