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Bob Stump National Defense Authorization Act for Fiscal Year 2003 | Policies and practices on test and evaluation to address emerging acquisition approaches
(a)Revision to report requirementSection 2399(b) of title 10, United States Code, is amended—
(1)by amending paragraph (2) to read as follows:
(2)The Director shall analyze the results of the operational test and evaluation conducted for each major defense acquisition program. At the conclusion of such testing, the Director shall prepare a report stating—
(A)the opinion of the Director as to—
(i)whether the test and evaluation performed were adequate; and
(ii)whether the results of such test and evaluation confirm that the items or components actually tested are effective and suitable for combat; and
(B)additional information on the operational capabilities of the items or components that the Director considers appropriate based on the testing conducted. ;
(2)by redesignating paragraph (5) as paragraph (6); |
Bob Stump National Defense Authorization Act for Fiscal Year 2003 |
(33)Section 6323(a)(2) is amended—
(A)in subparagraph (A), by striking the second comma after subparagraph (B); and
(B)in subparagraph (B), by striking the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006 and inserting January 6, 2006,.
(34)The item relating to section 6965 in the table of sections at the beginning of chapter 603 is amended by striking the semicolon and inserting a colon.
(35)The item relating to section 7081 in the table of sections at the beginning of chapter 607 is amended by striking the first semicolon and inserting a colon.
(36)Section 7306b(b)(1) is amended by striking section 2(14) and inserting section 3(14).
(37)Section 8911(b) is amended—
(A)in paragraph (1), by striking the second comma after paragraph (2); and
(B)in paragraph (2), by striking the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006 and inserting January 6, 2006,. |
Short Title; FINDINGS | and
(3)by inserting after paragraph (4) the following:
(5)If, before a final decision described in paragraph (4) is made for a major defense acquisition program, a decision is made within the Department of Defense to proceed to operational use of that program or to make procurement funds available for that program, the Director shall submit to the Secretary of Defense and the congressional defense committees the report with respect to that program under paragraph (2) as soon as practicable after the decision described in this paragraph is made. .
(b)Review and revision of policies and practices
(1)ReviewDuring fiscal year 2007, the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Director of Operational Test and Evaluation shall review Department of Defense policies and practices on test and evaluation in order to—
(A)reaffirm the test and evaluation principles that should guide traditional acquisition programs; |
Bob Stump National Defense Authorization Act for Fiscal Year 2003 | and
(3)by inserting after paragraph (4) the following:
(5)If, before a final decision described in paragraph (4) is made for a major defense acquisition program, a decision is made within the Department of Defense to proceed to operational use of that program or to make procurement funds available for that program, the Director shall submit to the Secretary of Defense and the congressional defense committees the report with respect to that program under paragraph (2) as soon as practicable after the decision described in this paragraph is made. .
(b)Review and revision of policies and practices
(1)ReviewDuring fiscal year 2007, the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Director of Operational Test and Evaluation shall review Department of Defense policies and practices on test and evaluation in order to—
(A)reaffirm the test and evaluation principles that should guide traditional acquisition programs; |
Department of Defense Authorization Act, 1986 |
(2)The actions that could be taken by the Department to modify the organization and management of the Department over the near-term, medium-term, and long-term in order to strengthen United States national security in space, and the ability of the Department to implement its requirements and carry out the future space missions, including the following:
(A)Actions to improve or enhance current interagency coordination processes regarding the operation of national security space assets, including improvements or enhancements in interoperability and communications.
(B)Actions to improve or enhance the relationship between the intelligence aspects of national security space (so-called black space) and the non-intelligence aspects of national security space (so-called white space).
(C)Actions to improve or enhance the manner in which military space issues are addressed by professional military education institutions. |
Department of Defense Authorization Act, 1986 |
(3)the Secretary of Defense should make every effort to ensure adequate funding to complete the elimination of the United States chemical weapons stockpile in the shortest time possible, consistent with the requirement to protect public health, safety, and the environment; and
(4)when selecting a site for the treatment or disposal of neutralized chemical agent at a location remote from the location where the agent is stored, the Secretary of Defense should propose a credible process that seeks to gain the support of affected communities.
922. |
National Defense Authorization Act for Fiscal Year 1991 |
(b)Chemical agents and munitions destruction, defense
(1)Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2007 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, $1,277,304,000, of which—
(A)$1,046,290,000 is for Operation and Maintenance; and
(B)$231,014,000 is for Research, Development, Test, and Evaluation.
(2)Amounts authorized to be appropriated under paragraph (1) are authorized for—
(A)the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act for Fiscal Year 1986 (50 U. S. C. 1521); and
(B)the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. |
National Defense Authorization Act |
(b)Response Plan Required
(1)In generalNot later than March 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for addressing the remediation of unexploded ordnance, discarded military munitions, and munitions constituents at current and former defense sites (other than operational ranges).
(2)ContentThe plan required by paragraph (1) shall include—
(A)a schedule, including interim goals, for achieving the goals described in paragraphs (1) through (3) of subsection (a), based upon the Munitions Response Site Prioritization Protocol established by the Department of Defense;
(B)such interim goals as the Secretary determines feasible for efficiently achieving the goal required under paragraph (4) of such subsection; and
(C)an estimate of the funding required to achieve the goals established pursuant to such subsection and the interim goals established pursuant to subparagraphs (A) and (B). |
National Defense Authorization Act for Fiscal Year 2002 |
(b)Response Plan Required
(1)In generalNot later than March 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for addressing the remediation of unexploded ordnance, discarded military munitions, and munitions constituents at current and former defense sites (other than operational ranges).
(2)ContentThe plan required by paragraph (1) shall include—
(A)a schedule, including interim goals, for achieving the goals described in paragraphs (1) through (3) of subsection (a), based upon the Munitions Response Site Prioritization Protocol established by the Department of Defense;
(B)such interim goals as the Secretary determines feasible for efficiently achieving the goal required under paragraph (4) of such subsection; and
(C)an estimate of the funding required to achieve the goals established pursuant to such subsection and the interim goals established pursuant to subparagraphs (A) and (B). |
Submerged Lands Act |
(2)ScopeResearch under paragraph (1) shall include—
(A)the sampling and analysis of ocean waters and sea beds at or adjacent to military munitions disposal sites selected pursuant to paragraph (3) to determine whether the disposed military munitions have caused or are causing contamination of such waters or sea beds;
(B)investigation into the long-term effects of seawater exposure on disposed military munitions, particularly effects on chemical munitions;
(C)investigation into the impacts any such contamination may have on the ocean environment and those who use it, including public health risks;
(D)investigation into the feasibility of removing or otherwise remediating the military munitions; and
(E)the development of effective safety measures for dealing with such military munitions. |
Outer Continental Shelf Lands Act |
(2)ScopeResearch under paragraph (1) shall include—
(A)the sampling and analysis of ocean waters and sea beds at or adjacent to military munitions disposal sites selected pursuant to paragraph (3) to determine whether the disposed military munitions have caused or are causing contamination of such waters or sea beds;
(B)investigation into the long-term effects of seawater exposure on disposed military munitions, particularly effects on chemical munitions;
(C)investigation into the impacts any such contamination may have on the ocean environment and those who use it, including public health risks;
(D)investigation into the feasibility of removing or otherwise remediating the military munitions; and
(E)the development of effective safety measures for dealing with such military munitions. |
Toxic Substances Control Act |
(4)The term outer Continental Shelf has the meaning given that term in section 2(a) of the Outer Continental Shelf Lands Act (43 U. S. C. 1331(a)).
315. Reimbursement of Environmental Protection Agency for certain costs in connection with Moses Lake Wellfield Superfund Site, Moses Lake, Washington
(a)Authority To Reimburse
(1)Transfer amountUsing funds described in subsection (b), the Secretary of Defense may transfer not more than $111,114. 03 to the Moses Lake Wellfield Superfund Site 10–6J Special Account.
(2)Purpose of reimbursementThe payment under paragraph (1) is to reimburse the Environmental Protection Agency for its costs incurred in overseeing a remedial investigation/feasibility study performed by the Department of the Army under the Defense Environmental Restoration Program at the former Larson Air Force Base, Moses Lake Superfund Site, Moses Lake, Washington. |
Public Law 190-163 |
(3)Scope of reviewIn conducting the review and evaluation, the Academy shall include a review and evaluation of—
(A)the toxicologic and epidemiologic literature on adverse health effects of trichloroethylene and tetrachloroethylene, including epidemiologic and risk assessment reports from government agencies;
(B)recent literature reviews by the National Research Council, Institute of Medicine, and other groups;
(C)the completed and on-going Agency for Toxic Substances Disease Registry (ATSDR) studies on potential trichloroethylene and tetrachloroethylene exposure at Camp Lejeune; and
(D)published meta-analyses.
(4)Peer reviewThe Academy shall obtain the peer review of the report prepared as a result of the review and evaluation under applicable Academy procedures. |
Short Title; FINDINGS |
(C)If the requirement under subsection (a) is not met for a military department for the fiscal year covered by the report, a statement of the reasons why the requirement was not met and a plan of actions for meeting the requirement for the fiscal year beginning in the year in which such report is submitted.
(e)Covered depotIn this section, the term covered depot means any of the following:
(1)With respect to the Department of the Army:
(A)Anniston Army Depot, Alabama.
(B)Letterkenny Army Depot, Pennsylvania.
(C)Tobyhanna Army Depot, Pennsylvania.
(D)Corpus Christi Army Depot, Texas.
(E)Red River Army Depot, Texas.
(2)With respect to the Department of the Navy:
(A)Fleet Readiness Center East Site, Cherry Point, North Carolina.
(B)Fleet Readiness Center Southwest Site, North Island, California.
(C)Fleet Readiness Center Southeast Site, Jacksonville, Florida.
(D)Portsmouth Naval Shipyard, Maine.
(E)Pearl Harbor Naval Shipyard, Hawaii.
(F)Puget Sound Naval Shipyard, Washington. |
Short Title; FINDINGS |
(G)Norfolk Naval Shipyard, Virginia.
(H)Marine Corps Logistics Base, Albany, Georgia.
(I)Marine Corps Logistics Base, Barstow, California.
(3)With respect to the Department of the Air Force:
(A)Warner-Robins Air Logistics Center, Georgia.
(B)Ogden Air Logistics Center, Utah.
(C)Oklahoma City Air Logistics Center, Oklahoma. .
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by adding at the end the following new item:
2476. Minimum capital investment for certain depots. .
(c)Effective dateSection 2476 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 2006. |
Short Title; FINDINGS | Extension of temporary authority for contractor performance of security guard functions
(a)Extension and limitation on total number of contractorsSection 332(c) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314) is amended—
(1)by striking September 30, 2007 both places it appears and inserting September 30, 2009;
(2)by redesignating subsection (d) as subsection (e); and
(3)by inserting after subsection (c) the following new subsection (d):
(d)LimitationThe total number of personnel employed to perform security guard functions under all contracts entered into pursuant to this section shall not exceed—
(1)for fiscal year 2007, the total number of such personnel employed under such contracts on October 1, 2006;
(2)for fiscal year 2008, the number equal to 90 percent of the total number of such personnel employed under such contracts on October 1, 2006; |
Short Title; FINDINGS | Annual report on Personnel Security Investigations for Industry and National Industrial Security Program
(a)Annual report requiredThe Secretary of Defense shall include in the budget justification documents submitted to Congress in support of the President’s budget for the Department of Defense for each fiscal year, a report on the future requirements of the Department of Defense with respect to the Personnel Security Investigations for Industry and the National Industrial Security Program of the Defense Security Service.
(b)Contents of reportEach report required to be submitted under subsection (a) shall include the following:
(1)The funding requirements of the personnel security clearance investigation program and ability of the Secretary of Defense to fund the program.
(2)The size of the personnel security clearance investigation process backlog.
(3)The length of the average delay for an individual case pending in the personnel security clearance investigation process. |
Bob Stump National Defense Authorization Act for Fiscal Year 2003 | Annual report on Personnel Security Investigations for Industry and National Industrial Security Program
(a)Annual report requiredThe Secretary of Defense shall include in the budget justification documents submitted to Congress in support of the President’s budget for the Department of Defense for each fiscal year, a report on the future requirements of the Department of Defense with respect to the Personnel Security Investigations for Industry and the National Industrial Security Program of the Defense Security Service.
(b)Contents of reportEach report required to be submitted under subsection (a) shall include the following:
(1)The funding requirements of the personnel security clearance investigation program and ability of the Secretary of Defense to fund the program.
(2)The size of the personnel security clearance investigation process backlog.
(3)The length of the average delay for an individual case pending in the personnel security clearance investigation process. |
National Defense Authorization Act for Fiscal Year 2006 | and
(C)shall participate in the transfer of the remains from an aircraft, when airport and airline security requirements permit, by carrying out the remains with a flag draped over the casket to a hearse or other form of ground transportation for travel to a funeral home or other place designated by the person designated to direct disposition of such remains.
(f)Secretary concerned definedIn this section, the term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.
(g)Effective dateThis section shall take effect at such time as may be prescribed by the Secretary of Defense, but not later than January 1, 2007.
563. Annual budget display of funds for POW/MIA activities of Department of Defense
(a)Consolidated budget justificationChapter 9 of title 10, United States Code, is amended by adding at the end the following new section:
234. |
National Defense Authorization Act for Fiscal Year 2006 | Iraq Security Forces Fund
(a)Authorization of appropriationsFunds are hereby authorized to be appropriated for fiscal year 2007 for the Iraq Security Forces Fund in the amount of $1,734,000,000.
(b)Use of funds
(1)In generalFunds appropriated pursuant to subsection (a) shall be available to the Secretary of Defense for the purpose of allowing the Commander, Multi-National Security Transition Command—Iraq, to provide assistance to the security forces of Iraq.
(2)Types of assistance authorizedAssistance provided under this section may include the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funding.
(3)Secretary of state concurrenceAssistance may be provided under this section only with the concurrence of the Secretary of State.
(c)Authority in addition to other authoritiesThe authority to provide assistance under this section is in addition to any other authority to provide assistance to foreign nations. |
National Defense Authorization Act |
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by adding at the end the following new item:
4690. Recyclable munitions materials: sale; use of proceeds. .
354. Recovery and transfer to Corporation for the Promotion of Rifle Practice and Firearms Safety of certain firearms, ammunition, and parts granted to foreign countries
(a)Authority to recover; transfer to corporationSubchapter II of chapter 407 of title 36, United States Code, is amended by inserting after section 40728 the following new section:
40728A. Recovery of excess firearms, ammunition, and parts granted to foreign countries and transfer to corporation
(a)Authority to recoverThe Secretary of the Army may recover from any country to which rifles, ammunition, repair parts, or other supplies described in section 40731(a) of this title are furnished on a grant basis under the conditions imposed by section 505 of the Foreign Assistance Act of 1961 (22 U. S. C. |
National Defense Authorization Act | Extension of Department of Defense telecommunications benefit program
(a)Termination at end of contingency operationSubsection (c) of section 344 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136) is amended to read as follows:
(c)Termination of benefitThe authority to provide a benefit under subsection (a)(1) to a member directly supporting a contingency operation shall terminate on the date that is 60 days after the date on which the Secretary determines that the contingency operation has ended. .
(b)Application to other contingency operationsSuch section is further amended—
(1)in subsection (a), by striking Operation Iraqi Freedom and Operation Enduring Freedom and inserting a contingency operation; and
(2)by adding at the end the following new subsection:
(g)Contingency operation definedIn this section, the term contingency operation has the meaning given that term in section 101(a)(13) of title 10, United States Code. |
Foreign Service Act of 1980 | The term includes Operation Iraqi Freedom and Operation Enduring Freedom. .
(c)Extension to hospitalized membersSubsection (a) of such section is further amended—
(1)by striking As soon as possible after the date of the enactment of this Act, the and inserting (1) The; and
(2)by adding at the end the following new paragraph:
(2)As soon as possible after the date of the enactment of the John Warner National Defense Authorization Act for Fiscal Year 2007, the Secretary shall provide, wherever practicable, prepaid phone cards, packet based telephony service, or an equivalent telecommunications benefit which includes access to telephone service to members of the Armed Forces who, although are no longer directly supporting a contingency operation, are hospitalized as a result of wounds or other injuries incurred while serving in direct support of a contingency operation. . |
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 | and
(D)assess the feasibility of implementing processes and procedures, pending the satisfactory development of the Defense Personal Property System, which would achieve the goals of the program of providing improved personal property management services to members of the Armed Forces.
(3)ReportsThe Comptroller General shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives reports as follows:
(A)An interim report on the review and assessment required by paragraph (1) by not later than December 1, 2006.
(B)A final report on such review and assessment by not later than June 1, 2007.
IVMilitary Personnel Authorizations
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum levels.
Sec. 403. Additional authority for increases of Army and Marine Corps active duty end strengths for fiscal years 2008 and 2009.
Subtitle B—Reserve Forces
Sec. |
National Defense Authorization Act | “Sonny” Montgomery was elected to the House of Representatives in 1967 and served the people of east-central Mississippi for 30 years with distinction, dedication, and conviction.
(2)Sonny Montgomery had a distinguished military career both before and during his service in Congress, serving in World War II and the Korean War, and retired from the Mississippi National Guard with the rank of Major General.
(3)As a Member of the House of Representatives, Sonny Montgomery served on the Committee on Armed Services and served with great distinction as the Chairman of the Committee on Veterans’ Affairs for 13 years from 1981 through 1994.
(4)Representative Montgomery’s colleagues knew him as a statesman of the institution and as a tireless advocate for policies that would improve the lives of persons who serve the United States. |
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 | Governor’s authority to order members to Active Guard and Reserve duty
(a)In generalChapter 3 of title 32, United States Code, is amended by adding at the end the following new section:
328. Active Guard and Reserve duty: Governor’s authority
(a)AuthorityThe Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, with the consent of the Secretary concerned, may order a member of the National Guard to perform Active Guard and Reserve duty, as defined by section 101(d)(6) of title 10, pursuant to section 502(f) of this title. |
National Defense Authorization Act | Governor’s authority to order members to Active Guard and Reserve duty
(a)In generalChapter 3 of title 32, United States Code, is amended by adding at the end the following new section:
328. Active Guard and Reserve duty: Governor’s authority
(a)AuthorityThe Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, with the consent of the Secretary concerned, may order a member of the National Guard to perform Active Guard and Reserve duty, as defined by section 101(d)(6) of title 10, pursuant to section 502(f) of this title. |
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 |
(c)Effective dateThe amendments made by this section shall take effect as of October 28, 2004, as if included in the enactment of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. The amendment made by subsection (a) shall apply to members of the Commission on the National Guard and Reserves appointed on or after that date.
529. Additional matters to be reviewed by Commission on the National Guard and Reserves
(a)Additional matters To be reviewed by commissionThe Commission on the National Guard and Reserves shall include among the matters it studies (in addition to the matters specified in subsection (c) of the commission charter) each of the following:
(1)National guard bureau enhancement proposalsThe advisability and feasibility of implementing the provisions of S. 2658 and H. R. 5200 of the 109th Congress, as introduced in the Senate and the House of Representatives, respectively, on April 26, 2006. |
National Defense Authorization Act |
(2)For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Secretary of the Air Force shall conduct a survey, to be administered by the Department of Defense, of Academy personnel—
(A)to measure—
(i)the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and
(ii)the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and
(B)to assess the perceptions of Academy personnel of—
(i)the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel;
(ii)the enforcement of such policies;
(iii)the incidence of sexual harassment and sexual violence involving Academy personnel; |
National Defense Authorization Act for Fiscal Year 2004 |
(2)For the assessment at the Academy under paragraph (1) with respect to an Academy program year that begins in an odd-numbered calendar year, the Secretary of the Air Force shall conduct a survey, to be administered by the Department of Defense, of Academy personnel—
(A)to measure—
(i)the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and
(ii)the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and
(B)to assess the perceptions of Academy personnel of—
(i)the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel;
(ii)the enforcement of such policies;
(iii)the incidence of sexual harassment and sexual violence involving Academy personnel; |
National Defense Authorization Act |
(3)In the case of Marine Corps units, 15 institutions.
(4)In the case of Air Force units, 10 institutions.
542. Review of legal status of Junior ROTC program
(a)ReviewThe Secretary of Defense shall conduct a review of the 1976 legal opinion issued by the General Counsel of the Department of Defense regarding instruction of non-host unit students participating in Junior Reserve Officers’ Training Corps programs. The review shall consider whether changes to law after the issuance of that opinion allow in certain circumstances for the arrangement for assignment of instructors that provides for the travel of an instructor from one educational institution to another once during the regular school day for the purposes of the Junior Reserve Officers’ Training Corps program as an authorized arrangement that enhances administrative efficiency in the management of the program. |
National Defense Authorization Act |
(3)In the case of Marine Corps units, 15 institutions.
(4)In the case of Air Force units, 10 institutions.
542. Review of legal status of Junior ROTC program
(a)ReviewThe Secretary of Defense shall conduct a review of the 1976 legal opinion issued by the General Counsel of the Department of Defense regarding instruction of non-host unit students participating in Junior Reserve Officers’ Training Corps programs. The review shall consider whether changes to law after the issuance of that opinion allow in certain circumstances for the arrangement for assignment of instructors that provides for the travel of an instructor from one educational institution to another once during the regular school day for the purposes of the Junior Reserve Officers’ Training Corps program as an authorized arrangement that enhances administrative efficiency in the management of the program. |
Assistive Technology Act of 1998 |
(2)The circumstance that many servicemembers held as prisoners of war died during captivity due to causes that do not meet the criteria for eligibility for award of the Purple Heart, including starvation, abuse, the deliberate withholding of medical treatment for injury or disease, or other causes.
(3)The circumstance that some members of the Armed Forces died in captivity under circumstances establishing eligibility for the prisoner-of-war medal but under circumstances not otherwise establishing eligibility for the Purple Heart. |
National Defense Authorization Act | and
(C)shall participate in the transfer of the remains from an aircraft, when airport and airline security requirements permit, by carrying out the remains with a flag draped over the casket to a hearse or other form of ground transportation for travel to a funeral home or other place designated by the person designated to direct disposition of such remains.
(f)Secretary concerned definedIn this section, the term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.
(g)Effective dateThis section shall take effect at such time as may be prescribed by the Secretary of Defense, but not later than January 1, 2007.
563. Annual budget display of funds for POW/MIA activities of Department of Defense
(a)Consolidated budget justificationChapter 9 of title 10, United States Code, is amended by adding at the end the following new section:
234. |
National Defense Authorization Act |
(5)Any other element of the Department of Defense the mission of which (as designated by the Secretary of Defense) involves the accounting for and recovery of members of the armed forces who are missing in action or prisoners of war or who are unaccounted for.
(d)Other definitionsIn this section:
(1)The term defense budget materials, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.
(2)The term budget, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31. .
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by adding at the end the following new item:
234. POW/MIA activities: display of budget information. .
564. |
National Defense Authorization Act for Fiscal Year 2006 | Military Severely Injured Center
(a)Center requiredIn support of the comprehensive policy on the provision of assistance to severely wounded or injured servicemembers required by section 563 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3269; 10 U. S. C. 113 note), the Secretary of Defense shall establish within the Department of Defense a center to augment and support the programs and activities of the military departments for the provision of such assistance, including the programs of the military departments referred to in subsection (c).
(b)DesignationThe center established under subsection (a) shall be known as the Military Severely Injured Center (in this section referred to as the Center).
(c)Programs of the military departmentsThe programs of the military departments referred to in this subsection are the following:
(1)The Army Wounded Warrior Support Program.
(2)The Navy Safe Harbor Program. |
National Defense Authorization Act |
(b)Matters covered by trainingThe training under subsection (a) shall include, at a minimum, the following:
(1)Best practices and procedures for the preservation of the remains of a member of the Armed Forces after death, taking into account the conditions likely to be encountered and the objective of returning the remains to the member’s family in the best possible condition.
(2)Practical case studies based on experience of the Armed Forces in a variety of climactic conditions.
(c)Covered military health care professionalsIn this section, the term military health care professional means—
(1)a physician, nurse, nurse practitioner, physician assistant, or combat medic; and
(2)any other medical personnel with medical specialties who may provide direct patient care and who are designated by the Secretary of the military department concerned. |
National Defense Authorization Act for Fiscal Year 2006 |
(b)Matters covered by trainingThe training under subsection (a) shall include, at a minimum, the following:
(1)Best practices and procedures for the preservation of the remains of a member of the Armed Forces after death, taking into account the conditions likely to be encountered and the objective of returning the remains to the member’s family in the best possible condition.
(2)Practical case studies based on experience of the Armed Forces in a variety of climactic conditions.
(c)Covered military health care professionalsIn this section, the term military health care professional means—
(1)a physician, nurse, nurse practitioner, physician assistant, or combat medic; and
(2)any other medical personnel with medical specialties who may provide direct patient care and who are designated by the Secretary of the military department concerned. |
Elementary and Secondary Education Act of 1965 |
(d)Effective dateSubsection (a) shall apply with respect to any military health care professional who is deployed to a theater of combat operations after the end of the 90-day period beginning on the date of the enactment of this Act.
HImpact Aid and Defense Dependents Education System
571. Enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe
(a)Temporary enrollment authoritySection 1404A of the Defense Dependents’ Education Act of 1978 (20 U. S. C. 923a) is amended—
(1)in subsection (a)—
(A)by striking of the children and inserting
of—
(1)the children;
(B)by striking the period at the end and inserting ; and; |
Elementary and Secondary Education Act of 1965 |
(b)Assistance to schools with enrollment changes due to base closures, force structure changes, or force relocationsOf the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $10,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572.
(c)Local educational agency definedIn this section, the term local educational agency has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U. S. C. 7713(9)).
573. Impact aid for children with severe disabilitiesOf the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U. S. |
Fiscal Year 2001 National Defense Authorization Act |
(d)Effective dateSubsection (a) shall apply with respect to any military health care professional who is deployed to a theater of combat operations after the end of the 90-day period beginning on the date of the enactment of this Act.
HImpact Aid and Defense Dependents Education System
571. Enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe
(a)Temporary enrollment authoritySection 1404A of the Defense Dependents’ Education Act of 1978 (20 U. S. C. 923a) is amended—
(1)in subsection (a)—
(A)by striking of the children and inserting
of—
(1)the children;
(B)by striking the period at the end and inserting ; and; |
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 |
(d)Effective dateSubsection (a) shall apply with respect to any military health care professional who is deployed to a theater of combat operations after the end of the 90-day period beginning on the date of the enactment of this Act.
HImpact Aid and Defense Dependents Education System
571. Enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe
(a)Temporary enrollment authoritySection 1404A of the Defense Dependents’ Education Act of 1978 (20 U. S. C. 923a) is amended—
(1)in subsection (a)—
(A)by striking of the children and inserting
of—
(1)the children;
(B)by striking the period at the end and inserting ; and; |
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 | Report on leadership and management of the Armed Forces Retirement HomeNot later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report evaluating the following:
(1)The effect of changing the title of the Chief Operating Officer of the Armed Forces Retirement Home to a chief executive officer who will be responsible to the Secretary of Defense for the overall direction, operation, and management of the Retirement Home.
(2)The effect of no longer permitting a civilian with experience as a continuing care retirement community professional to serve as the Director for a facility of the Armed Forces Retirement Home, but to instead limit eligibility for such positions to members of the Armed Forces serving on active duty in a grade below brigadier general or, in the case of the Navy, rear admiral (lower half). |
Uniformed and Overseas Citizens Absentee Voting Act |
(b)Determination of contributions to the fundSection 1115 of such title is amended—
(1)in subsection (b)—
(A)in paragraph (1)(B), by striking on active duty and all that follows through training only) and inserting the following: on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title; and
(B)in paragraph (2)(B)—
(i)by striking Ready Reserve and inserting Selected Reserve; and
(ii)by striking (other than members on full-time National Guard duty other than for training); and
(2)in subsection (c)—
(A)in paragraph (1)(A), by striking on active duty and all that follows through training only) and inserting the following: on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title; and
(B)in paragraph (1)(B)—
(i)by striking Ready Reserve and inserting Selected Reserve; |
Uniformed and Overseas Citizens Absentee Voting Act |
(b)Functions of Chief of Dental CorpsSubsection (d) of such section is amended to read as follows:
(d)The Chief of the Dental Corps shall—
(1)establish professional standards and policies for dental practice;
(2)initiate and recommend action pertaining to complements, strength, appointments, advancement, training assignment, and transfer of dental personnel; and
(3)serve as the advisor for the Bureau on all matters relating directly to dentistry. .
(c)Further clarifying amendmentsSubsection (c) of such section is further amended—
(1)by striking so after shall be; and
(2)by striking that all such functions will be and inserting so that all such functions are.
(d)Clerical amendments
(1)The heading of such section is amended to read as follows:
5138. Bureau of Medicine and Surgery: Dental Corps; Chief; functions.
(2)The item relating to such section in the table of sections at the beginning of chapter 513 of such title is amended to read as follows:
5138. |
Uniformed and Overseas Citizens Absentee Voting Act |
(b)Functions of Chief of Dental CorpsSubsection (d) of such section is amended to read as follows:
(d)The Chief of the Dental Corps shall—
(1)establish professional standards and policies for dental practice;
(2)initiate and recommend action pertaining to complements, strength, appointments, advancement, training assignment, and transfer of dental personnel; and
(3)serve as the advisor for the Bureau on all matters relating directly to dentistry. .
(c)Further clarifying amendmentsSubsection (c) of such section is further amended—
(1)by striking so after shall be; and
(2)by striking that all such functions will be and inserting so that all such functions are.
(d)Clerical amendments
(1)The heading of such section is amended to read as follows:
5138. Bureau of Medicine and Surgery: Dental Corps; Chief; functions.
(2)The item relating to such section in the table of sections at the beginning of chapter 513 of such title is amended to read as follows:
5138. |
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 | Bureau of Medicine and Surgery: Dental Corps; Chief; functions. .
594. Permanent authority for presentation of recognition items for recruitment and retention purposesSection 2261 of title 10, United States Code, is amended by striking subsection (d).
595. Persons authorized to administer enlistment and appointment oaths
(a)Enlistment oathSection 502 of title 10, United States Code, is amended—
(1)by inserting (a) Enlistment oath. — before Each person enlisting;
(2)by striking the last sentence; and
(3)by adding at the end the following new subsection:
(b)Who may administerThe oath may be taken before the President, the Vice-President, the Secretary of Defense, any commissioned officer, or any other person designated under regulations prescribed by the Secretary of Defense. . |
National Defense Authorization Act |
(2)by inserting after paragraph (1) the following new paragraph (2):
(2)The Secretary concerned may provide a basic allowance for housing to a member described in paragraph (1) at a monthly rate equal to the rate of the basic allowance for housing established under subsection (b) or the overseas basic allowance for housing established under subsection (c), whichever applies to the location at which the member is serving, for members in the same grade at that location without dependents. The member may receive both a basic allowance for housing under paragraph (1) and under this paragraph for the same month, but may not receive the portion of the allowance authorized under section 404 of this title, if any, for lodging expenses if a basic allowance for housing is provided under this paragraph. ; and
(3)in paragraph (3), as so redesignated, by striking Paragraph (1) and inserting Paragraphs (1) and (2). |
National Defense Authorization Act for Fiscal Year 2006 |
(2)by inserting after paragraph (1) the following new paragraph (2):
(2)The Secretary concerned may provide a basic allowance for housing to a member described in paragraph (1) at a monthly rate equal to the rate of the basic allowance for housing established under subsection (b) or the overseas basic allowance for housing established under subsection (c), whichever applies to the location at which the member is serving, for members in the same grade at that location without dependents. The member may receive both a basic allowance for housing under paragraph (1) and under this paragraph for the same month, but may not receive the portion of the allowance authorized under section 404 of this title, if any, for lodging expenses if a basic allowance for housing is provided under this paragraph. ; and
(3)in paragraph (3), as so redesignated, by striking Paragraph (1) and inserting Paragraphs (1) and (2). |
National Defense Authorization Act |
(c)Exclusion from active-duty listSection 641 of title 10, United States Code, is amended by adding at the end the following new paragraph:
(6)Officers appointed pursuant to an agreement under section 329 of title 37. .
(d)Clerical amendments
(1)Title 37The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by adding at the end the following new item:
329. Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments. .
(2)Title 10
(A)The heading of section 688a of title 10, United States Code, is amended to read as follows:
688a. Retired members: temporary authority to order to active duty in high-demand, low-density assignments.
(B)The table of sections at the beginning of chapter 39 of such title is amended by striking the item relating to section 688a and inserting the following new item:
688a. |
National Defense Authorization Act for Fiscal Year 2006 |
(c)Exclusion from active-duty listSection 641 of title 10, United States Code, is amended by adding at the end the following new paragraph:
(6)Officers appointed pursuant to an agreement under section 329 of title 37. .
(d)Clerical amendments
(1)Title 37The table of sections at the beginning of chapter 5 of title 37, United States Code, is amended by adding at the end the following new item:
329. Incentive bonus: retired members and reserve component members volunteering for high-demand, low-density assignments. .
(2)Title 10
(A)The heading of section 688a of title 10, United States Code, is amended to read as follows:
688a. Retired members: temporary authority to order to active duty in high-demand, low-density assignments.
(B)The table of sections at the beginning of chapter 39 of such title is amended by striking the item relating to section 688a and inserting the following new item:
688a. |
National Defense Authorization Act | Retired members: temporary authority to order to active duty in high-demand, low-density assignments. .
(e)Effective dateNo agreement may be entered into under section 329 of title 37, United States Code, as added by subsection (a), before October 1, 2006.
(f)Limitation on Fiscal Year 2007 obligationsDuring fiscal year 2007, obligations incurred under section 329 of title 37, United States Code, as added by subsection (a), to provide bonuses or other incentives to retired members and former members of the Army, Navy, Air Force, or Marine Corps or to members of the reserve components of the Army, Navy, Air Force, and Marine Corps may not exceed $5,000,000.
622. Accession bonus for members of the Armed Forces appointed as commissioned officers after completing officer candidate school
(a)Accession Bonus Authorized
(1)In generalChapter 5 of title 37, United States Code, is amended by inserting after section 329, as added by section 621 of this Act, the following new section:
330. |
Rehabilitation Act of 1973 |
(4)The covered entities shall exercise the right provided in subsection (b)(6) with respect to a lease, if at all, not later than 90 days after receiving notice from the Secretary of the military department concerned regarding the opportunity to exercise such right with respect to the lease. The Secretary may, at the discretion of the Secretary, extend the period under this paragraph for the exercise of the right with respect to a lease for such additional period as the Secretary considers appropriate.
(5)The Secretary of Defense shall prescribe in regulations uniform procedures and criteria for the evaluation of proposals for enhanced use leases involving the operation of community support facilities or the provision of community support services by either a lessee under this section or a covered entity. |
National Defense Authorization Act |
(2)Authority to prescribe regulationsSubsection (h) of such section shall take effect on the date of the enactment of this Act.
(3)Publication of earlier effective dateIf the Secretary of Defense prescribes an effective date for section 987 of title 10, United States Code, as added by subsection (a), earlier than October 1, 2007, the Secretary shall publish that date in the Federal Register. Such publication shall be made not less than 90 days before that earlier effective date.
(d)Interim regulationsThe Secretary of Defense may prescribe interim regulations as necessary to carry out such section. For the purpose of prescribing such interim regulations, the Secretary is excepted from compliance with the notice-and-comment requirements of section 553 of title 5, United States Code. |
National Defense Authorization Act for Fiscal Year 2006 |
(2)Authority to prescribe regulationsSubsection (h) of such section shall take effect on the date of the enactment of this Act.
(3)Publication of earlier effective dateIf the Secretary of Defense prescribes an effective date for section 987 of title 10, United States Code, as added by subsection (a), earlier than October 1, 2007, the Secretary shall publish that date in the Federal Register. Such publication shall be made not less than 90 days before that earlier effective date.
(d)Interim regulationsThe Secretary of Defense may prescribe interim regulations as necessary to carry out such section. For the purpose of prescribing such interim regulations, the Secretary is excepted from compliance with the notice-and-comment requirements of section 553 of title 5, United States Code. |
National Defense Authorization Act for Fiscal Year 2006 | All interim rules prescribed under the authority of this subsection that are not earlier superseded by final rules shall expire no later than 270 days after the effective date of section 987 of title 10, United States Code, as added by this section.
671. Enhancement of authority to waive claims for overpayment of pay and allowances and travel and transportation allowances
(a)Maximum waiver amount; time for exercise of authoritySection 2774 of title 10, United States Code, is amended—
(1)in subsection (a)(2)(A), by striking $1,500 and inserting $10,000; and
(2)in subsection (b)(2), by striking three years and inserting five years.
(b)Conforming amendments regarding national guardSection 716 of title 32, United States Code, is amended—
(1)in subsection (a)(2)(A), by striking $1,500 and inserting $10,000; and
(2)in subsection (b)(2), by striking three years and inserting five years.
(c)Effective DateThe amendments made by this section shall take effect on March 1, 2007.
672. |
National Defense Authorization Act for Fiscal Year 2006 | Exception for notice to consumer reporting agencies regarding debts or erroneous payments pending a decision to waive, remit, or cancel
(a)ExceptionSection 2780(b) of title 10, United States Code, is amended—
(1)by striking The Secretary and inserting (1) Except as provided in paragraph (2), the Secretary of Defense; and
(2)by adding at the end the following new paragraph:
(2)No disclosure shall be made under paragraph (1) with respect to an indebtedness while a decision regarding waiver of collection of the indebtedness is pending under section 2774 of this title or section 716 of title 32, or while a decision regarding remission or cancellation of the indebtedness is pending under section 4837, 6161, or 9837 of this title, unless the Secretary concerned (as defined in section 101(5) of title 37) determines that disclosure under that paragraph pending such decision is in the best interests of the United States. . |
National Defense Authorization Act | Requirements for support of military treatment facilities by civilian contractors under TRICARE.
Sec. 733. Standards and tracking of access to health care services for wounded, injured, or ill servicemembers returning to the United States from a combat zone.
Sec. 734. Disease and chronic care management.
Sec. 735. Additional elements of assessment of Department of Defense task force on mental health relating to mental health of members who were deployed in Operation Iraqi Freedom and Operation Enduring Freedom.
Sec. 736. Additional authorized option periods for extension of current contracts under TRICARE.
Sec. 737. Military vaccination matters.
Sec. 738. Enhanced mental health screening and services for members of the Armed Forces.
Subtitle D—Other Matters
Sec. 741. Pilot projects on early diagnosis and treatment of post traumatic stress disorder and other mental health conditions.
Sec. 742. |
Fiscal Year 2001 National Defense Authorization Act |
(C)The ability to account for the true and accurate cost of health care in the military health system.
(D)Alternative health care initiatives to manage patient behavior and costs, including options and costs and benefits of a universal enrollment system for all TRICARE users.
(E)The appropriate command and control structure within the Department of Defense and the Armed Forces to manage the military health system.
(F)The adequacy of the military health care procurement system, including methods to streamline existing procurement activities.
(G)The appropriate mix of military and civilian personnel to meet future readiness and high-quality health care service requirements.
(H)The beneficiary and Government cost sharing structure required to sustain military health benefits over the long term.
(I)Programs focused on managing the health care needs of Medicare-eligible military beneficiaries. |
National Defense Authorization Act |
(d)Uniform system for tracking of performanceThe Secretary shall establish a uniform system for tracking the performance of the military health care system in meeting the requirements for access of wounded, injured, or ill members of the Armed Forces to health care services described in subsection (a).
(e)Reports
(1)Tracking systemNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the system established under subsection (d).
(2)AccessNot later than October 1, 2006, and each quarter thereafter during fiscal year 2007, the Secretary shall submit to such committees a report on the performance of the health care system in meeting the access standards described in the report required by subsection (a).
734. |
National Defense Authorization Act |
(e)Report
(1)In generalNot later than March 1, 2008, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the design, development, and implementation of the program on disease and chronic care management required by this section.
(2)Report elementsThe report required by paragraph (1) shall include the following:
(A)A description of the design and development of the program required by subsection (a).
(B)A description of the implementation plan required by subsection (d).
(C)A description and assessment of improvements in health status and clinical outcomes that are anticipated as a result of implementation of the program.
(D)A description of the savings and return on investment associated with the program.
(E)A description of an investment strategy to assure the sustainment of the disease and chronic care management programs of the Department of Defense.
735. |
National Defense Authorization Act |
(2)ElementsThe report required by paragraph (1) shall include the following:
(A)A description of each pilot project carried out under this section.
(B)An assessment of the effectiveness of the approaches taken under each pilot project to improve the capability of the military and civilian health care systems to provide early diagnosis and treatment of post traumatic stress disorder and other mental health conditions among members of the Armed Forces.
(C)Any recommendations for legislative or administrative action that the Secretary considers appropriate in light of the pilot projects, including recommendations on—
(i)the training of health care providers in the military and civilian health care systems on early diagnosis and treatment of post traumatic stress disorder and other mental health conditions; and
(ii)the provision of outreach on post traumatic stress disorder and other mental health conditions to members of the National Guard and Reserves who have returned from deployment. |
National Defense Authorization Act for Fiscal Year 2006 |
(2)ElementsThe report required by paragraph (1) shall include the following:
(A)A description of each pilot project carried out under this section.
(B)An assessment of the effectiveness of the approaches taken under each pilot project to improve the capability of the military and civilian health care systems to provide early diagnosis and treatment of post traumatic stress disorder and other mental health conditions among members of the Armed Forces.
(C)Any recommendations for legislative or administrative action that the Secretary considers appropriate in light of the pilot projects, including recommendations on—
(i)the training of health care providers in the military and civilian health care systems on early diagnosis and treatment of post traumatic stress disorder and other mental health conditions; and
(ii)the provision of outreach on post traumatic stress disorder and other mental health conditions to members of the National Guard and Reserves who have returned from deployment. |
National Defense Authorization Act |
(2)address the need to ensure that data provided through the Selected Acquisition Report is consistent with data provided through internal Department of Defense reporting systems for management purposes; and
(3)include any recommendations to add to, modify, or delete elements of the Selected Acquisition Report, consistent with the findings of the study.
(c)ReportNot later than March 1, 2007, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study, including such recommendations as the Secretary considers appropriate.
804. |
National Defense Authorization Act |
(d)Limitation on number of weapons systems in pilot programThe number of major weapon systems included in the pilot program at any time may not exceed six major weapon systems.
(e)Limitation on cost of weapons systems in pilot programThe Secretary of Defense may include a major weapon system in the pilot program only if, at the time a major weapon system is proposed for inclusion, the total cost for system design and development of the weapon system, as set forth in the cost estimate referred to in subsection (c)(2)(D), does not exceed $1,000,000,000 during the period covered by the current future-years defense program.
(f)Special funding authority
(1)Authority for reserve accountNotwithstanding any other provision of law, the Secretary of Defense may establish a special reserve account utilizing funds made available for the major weapon systems included in the pilot program. |
National Defense Authorization Act, Fiscal Year 1989 |
(b)Compliance with defense procurement requirementsFor the purposes of this section, a covered non-defense agency is compliant with defense procurement requirements if such non-defense agency’s procurement policies, procedures, and internal controls applicable to the procurement of products and services on behalf of the Department of Defense, and the manner in which they are administered, are adequate to ensure such non-defense agency’s compliance with the requirements of laws and regulations that apply to procurements of property and services made directly by the Department of Defense.
(c)Memoranda of understanding between Inspectors General
(1)In generalNot later than 60 days after the date of the enactment of this Act, the Inspector General of the Department of Defense and the Inspector General of each covered non-defense agency shall enter into a memorandum of understanding with each other to carry out the reviews and make the determinations required by this section. |
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 |
(d)Limitations on Procurements on Behalf of Department of Defense
(1)Limitation during review periodAfter March 15, 2007, and before June 16, 2008, no official of the Department of Defense may, except as provided in subsection (e) or (f), order, purchase, or otherwise procure property or services in an amount in excess of $100,000 through a covered non-defense agency for which a determination described in clause (iii) or (iv) of paragraph (1)(B) of subsection (a) has been made under subsection (a).
(2)Limitation after review periodAfter June 15, 2008, no official of the Department of Defense may, except as provided in subsection (e) or (f), order, purchase, or otherwise procure property or services in an amount in excess of $100,000 through a covered non-defense agency that, having been subject to review under this section, has not been determined under this section as being compliant with defense procurement requirements. |
National Defense Authorization Act |
(f)Termination of applicability of limitationsSubsection (d) shall cease to apply to a covered non-defense agency on the date on which the Inspector General of the Department of Defense and the Inspector General of such non-defense agency jointly—
(1)determine that such non-defense agency is compliant with defense procurement requirements; and
(2)notify the Secretary of Defense of that determination.
(g)Identification of procurements made during a particular fiscal yearFor the purposes of subsection (a), a procurement shall be treated as being made during a particular fiscal year to the extent that funds are obligated by the Department of Defense for that procurement in that fiscal year. |
Service Contract Act of 1965 | Determination of contract type for development programs
(a)Repeal of superseded requirementsSection 807 of the National Defense Authorization Act, Fiscal Year 1989 (10 U. S. C. 2304 note) is repealed.
(b)Modification of regulationsNot later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall modify the regulations of the Department of Defense regarding the determination of contract type for development programs.
(c)ElementsAs modified under subsection (b), the regulations shall require the Milestone Decision Authority for a major defense acquisition program to select the contract type for a development program at the time of a decision on Milestone B approval (or Key Decision Point B approval in the case of a space program) that is consistent with the level of program risk for the program. The Milestone Decision Authority may select—
(1)a fixed-price type contract (including a fixed price incentive contract); or
(2)a cost type contract. |
Office of Federal Procurement Policy Act |
(2)An examination of at least two alternatives for fulfilling the requirements that the contract is meant to fulfill, including the following with respect to each alternative:
(A)A rationale for including the alternative.
(B)A cost estimate of the alternative and an analysis of the quality of each cost estimate.
(C)A discussion of the benefits to be realized from the alternative.
(D)A best value determination of each alternative and a detailed explanation of the life-cycle cost calculations used in the determination.
(d)DefinitionsIn this section:
(1)The term military flight simulator means any major system to simulate the form, fit, and function of a military aircraft that has no commonly available commercial variant.
(2)The term service contract means any contract entered into by the Department of Defense the principal purpose of which is to furnish services in the United States through the use of service employees. |
National Defense Authorization Act | and
(C)that the Department of Defense would, through award of a new contract, endure program risk during critical program stages due to loss of program corporate knowledge of ongoing program activities.
(2)Delegation The authority of the head of an agency under paragraph (1) may be delegated only to the senior procurement executive of the agency.
(3)ReportNot later than April 1, 2007, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on advisory and assistance services. The report shall include the following information:
(A)The methods used by the Department of Defense to identify a contract as an advisory and assistance services contract, as defined in section 2304b of title 10, United States Code.
(B)The number of such contracts awarded by the Department during the five-year period preceding the date of the enactment of this Act.
(C)The average annual expenditures by the Department for such contracts. |
Office of Federal Procurement Policy Act |
(B)The extent to which such advisory and assistance services are provided by the same contractors under recurring contracts.
(C)The rationale for contracting for advisory and assistance services that will be needed on a continuing basis, rather than performing the services inside the Federal Government.
(D)The contract types and oversight mechanisms used by the Federal Government in contracts for advisory and assistance services and the extent to which such contract types and oversight mechanisms are adequate to protect the interests of the Government and taxpayers.
(E)The actions taken by the Federal Government to prevent organizational conflicts of interest and improper personal services contracts in its contracts for advisory and assistance services.
(4)CommitteesThe committees described in this paragraph are the following:
(A)The Committees on Armed Services and on Homeland Security and Governmental Affairs of the Senate. |
Office of Federal Procurement Policy Act |
(B)The Committees on Armed Services and on Government Reform of the House of Representatives.
DUnited States Defense Industrial Base Provisions
841. Assessment and annual report of United States defense industrial base capabilities and acquisitions of articles, materials, and supplies manufactured outside the United StatesSection 812 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1542) is amended—
(1)by amending the heading to read as follows:
812. Assessment and annual report of United States defense industrial base capabilities and acquisitions of articles, materials, and supplies manufactured outside the United States;
(2)by adding at the end of subsection (c)(2)(A) the following new clauses:
(v)The dollar value of any articles, materials, or supplies purchased that were manufactured outside of the United States. |
Office of Federal Procurement Policy Act | and
(5)publish not less frequently than once every two years in the Federal Register recommendations regarding materials critical to national security, including a list of specialty metals, if any, recommended for addition to, or removal from, the definition of specialty metal for purposes of section 2533b of this title.
(c)MeetingsThe Board shall meet as determined necessary by the Secretary of Defense but not less frequently than once every two years to make recommendations regarding materials critical to national security as described in subsection (b)(5).
(d)ReportsAfter each meeting of the Board, the Board shall prepare and submit to Congress a report containing the results of the meeting and such recommendations as the Board determines appropriate. .
(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by adding at the end the following new item:
187. Strategic Materials Protection Board. . |
Office of Federal Procurement Policy Act |
(B)The amendments made by paragraph (3) shall take effect on the date occurring 30 days after the date of the enactment of this Act.
(b)One-time waiver of specialty metals domestic source requirement
(1)AuthorityThe Secretary of Defense or the Secretary of a military department may accept specialty metals if such metals were incorporated into items produced, manufactured, or assembled in the United States before the date of the enactment of this Act with respect to which the contracting officer for the contract determines that the contractor is not in compliance with section 2533b of title 10, United States Code (as added by subsection (a)(1)), if—
(A)the contracting officer for the contract determines in writing that—
(i)it would not be practical or economical to remove or replace the specialty metals incorporated in such items or to substitute items containing compliant materials; |
Small Business Act |
(2)authorities available to the program manager, including, to the extent appropriate, the authority to object to the addition of new program requirements that would be inconsistent with the parameters established at Milestone B (or Key Decision Point B in the case of a space program) and reflected in the performance agreement; and
(3)the extent to which a program manager for such period should continue in the position without interruption until the delivery of the first production units of the program.
(e)Reports
(1)Report by Secretary of DefenseNot later than 270 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the strategy developed pursuant to subsection (a) and the guidance issued pursuant to subsections (b) and (c). |
National Defense Authorization Act for Fiscal Year 1994 |
(C)A sourcing approach to contingency contracting that is designed to ensure that each military department is prepared to conduct contingency contracting during combat operations, post-conflict operations, and contingency operations, including stabilization and reconstruction operations involving interagency organizations, if required.
(D)A requirement to provide training (including training under a program to be created by the Defense Acquisition University) to contingency contracting personnel in—
(i)the use of law, regulations, policies, and directives related to contingency contracting operations;
(ii)the appropriate use of rapid acquisition methods, including the use of exceptions to competition requirements under section 2304 of this title, sealed bidding, letter contracts, indefinite delivery indefinite quantity task orders, set asides under section 8(a) of the Small Business Act (15 U. S. C. |
Office of Federal Procurement Policy Act |
(d)Annual Reports
(1)Not later than 45 days after the President submits to Congress the budget for a fiscal year under section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a budget justification document summarizing the use of the fee-collection authority provided by this section.
(2)Each report shall include the following:
(A)A list of all conferences conducted during the preceding two calendar years for which fees were collected under this section.
(B)For each conference included on the list under subparagraph (A):
(i)The estimated costs of the Department for the conference.
(ii)The actual costs of the Department for the conference, including a separate statement of the amount of any conference coordinator fees associated with the conference.
(iii)The amount of fees collected under this section for the conference. |
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 |
(2)To the extent practicable, the joint policy for contingency contracting required by subsection (a) should be taken into account in the development of interagency plans for stabilization and reconstruction operations, consistent with the report submitted by the President under section 1035 of this Act on interagency operating procedures for the planning and conduct of stabilization and reconstruction operations.
(e)DefinitionsIn this section:
(1)Contingency contracting personnelThe term contingency contracting personnel means members of the armed forces and civilian employees of the Department of Defense who are members of the defense acquisition workforce and, as part of their duties, are assigned to provide support to contingency operations (whether deployed or not).
(2)Contingency contractingThe term contingency contracting means all stages of the process of acquiring property or services by the Department of Defense during a contingency operation. |
Contract Disputes Act of 1978 | In addition, the report should include a discussion of the actions taken to ensure that the joint policies will be adequately resourced at the time of execution.
855. Clarification of authority to carry out certain prototype projectsSection 845(a) of the National Defense Authorization Act for Fiscal Year 1994 (10 U. S. C. 2371 note) is amended—
(1)in paragraph (2)(A), by inserting or, for the Defense Advanced Projects Agency or the Missile Defense Agency, the director of the agency after (41 U. S. C. 414(c)); and
(2)in paragraph (3), by inserting or director of the Defense Advanced Projects Agency or Missile Defense Agency after executive.
856. Contracting with employers of persons with disabilities
(a)Inapplicability of certain laws
(1)Inapplicability of the randolph-sheppard act to contracts and subcontracts for military dining facility support services covered by javits-wagner-o’day actThe Randolph-Sheppard Act (20 U. S. C. 107 et seq. |
Higher Education Act of 1965 | ) does not apply to full food services, mess attendant services, or services supporting the operation of a military dining facility that, as of the date of the enactment of this Act, were services on the procurement list established under section 2 of the Javits-Wagner-O’Day Act (41 U. S. C. 47).
(2)Inapplicability of the javits-wagner-o’day act to contracts for the operation of a military dining facility
(A)The Javits-Wagner-O’Day Act (41 U. S. C. 46 et seq. ) does not apply at the prime contract level to any contract entered into by the Department of Defense as of the date of the enactment of this Act with a State licensing agency under the Randolph-Sheppard Act (20 U. S. C. 107 et seq. ) for the operation of a military dining facility.
(B)The Javits-Wagner-O’Day Act shall apply to any subcontract entered into by a Department of Defense contractor for full food services, mess attendant services, and other services supporting the operation of a military dining facility. |
Commercial Space Transportation Competitiveness Act of 2000 |
(3)The Secretary of Defense may waive reimbursement of the costs of activities of the Regional Centers for foreign military officers and foreign defense and security civilian government officials from a developing country if the Secretary determines that attendance of such personnel without reimbursement is in the national security interest of the United States. Costs for which reimbursement is waived pursuant to this paragraph shall be paid from appropriations available to the Regional Centers.
(4)Funds accepted for the payment of costs shall be credited to the appropriation then currently available to the Department of Defense for the Regional Center that incurred the costs. Funds so credited shall be merged with the appropriation to which credited and shall be available to that Regional Center for the same purposes and same period as the appropriation with which merged. |
National Defense Authorization Act | and
(4)concepts of operations, tactics, techniques, and procedures that permit the use of responsive space assets for combat and military operations other than war.
(b)Operationally responsive space program office
(1)Establishment of officeSection 2273a of title 10, United States Code, is amended to read as follows:
2273a. Operationally Responsive Space Program Office
(a)EstablishmentThe Secretary of Defense shall establish within the Department of Defense an office to be known as the Operationally Responsive Space Program Office (in this section referred to as the Office).
(b)Head of officeThe head of the Office shall be—
(1)the Department of Defense Executive Agent for Space; or
(2)the designee of the Secretary of Defense, who shall report to the Department of Defense Executive Agent for Space. |
National Defense Authorization Act for Fiscal Year 2006 | and
(4)concepts of operations, tactics, techniques, and procedures that permit the use of responsive space assets for combat and military operations other than war.
(b)Operationally responsive space program office
(1)Establishment of officeSection 2273a of title 10, United States Code, is amended to read as follows:
2273a. Operationally Responsive Space Program Office
(a)EstablishmentThe Secretary of Defense shall establish within the Department of Defense an office to be known as the Operationally Responsive Space Program Office (in this section referred to as the Office).
(b)Head of officeThe head of the Office shall be—
(1)the Department of Defense Executive Agent for Space; or
(2)the designee of the Secretary of Defense, who shall report to the Department of Defense Executive Agent for Space. |
Fiscal Year 2001 National Defense Authorization Act | and
(B)to the congressional committees specified in subparagraph (B) of paragraph (2) a report on the intelligence oversight activities of the Department of Defense during the previous calendar year insofar as such oversight activities relate to intelligence and intelligence-related activities of the Department other than those specified in subparagraph (A).
(2)
(A)The committees specified in this subparagraph are the following:
(i)The Committee on Armed Services and the Committee on Appropriations of the Senate.
(ii)The Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
(B)The committees specified in this subparagraph are the following:
(i)The Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate.
(ii)The Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives. |
Intelligence Authorization Act for Fiscal Year 2005 |
(d)The appropriation or fund bearing the cost of the service for which charges are collected under the program referred to in subsection (a) may be reimbursed, or the Director may require advance payment subject to such adjustment on completion of the work as may be agreed upon.
(e)Amounts collected under this section shall be credited to the account or accounts from which costs associated with such amounts have been or will be incurred, to reimburse or offset the direct costs of the program referred to in subsection (a). .
EOther Matters
941. Department of Defense policy on unmanned systems
(a)Policy RequiredThe Secretary of Defense shall develop a policy, to be applicable throughout the Department of Defense, on research, development, test and evaluation, procurement, and operation of unmanned systems. |
National Defense Authorization Act | Increase in fiscal year 2006 general transfer authority.
Sec. 1005. United States contribution to NATO common-funded budgets in fiscal year 2007.
Sec. 1006. Report on budgeting for fluctuations in fuel cost rates.
Sec. 1007. Modification of date of submittal of OMB/CBO report on scoring of outlays.
Sec. 1008. Budgeting for ongoing military operations in Afghanistan and Iraq.
Subtitle B—Policy Relating to Vessels and Shipyards
Sec. 1011. Aircraft carrier force structure.
Sec. 1012. Sense of Congress on naming the CVN–78 aircraft carrier as the U. S. S. Gerald R. Ford.
Sec. 1013. Transfer of naval vessels to foreign nations based upon vessel class.
Sec. 1014. Overhaul, repair, and maintenance of vessels in foreign shipyards.
Sec. 1015. Report on options for future lease arrangement for Guam Shipyard.
Sec. 1016. Assessments of naval vessel construction efficiencies and of effectiveness of special contractor incentives.
Sec. 1017. |
Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 | Increase in fiscal year 2006 general transfer authority.
Sec. 1005. United States contribution to NATO common-funded budgets in fiscal year 2007.
Sec. 1006. Report on budgeting for fluctuations in fuel cost rates.
Sec. 1007. Modification of date of submittal of OMB/CBO report on scoring of outlays.
Sec. 1008. Budgeting for ongoing military operations in Afghanistan and Iraq.
Subtitle B—Policy Relating to Vessels and Shipyards
Sec. 1011. Aircraft carrier force structure.
Sec. 1012. Sense of Congress on naming the CVN–78 aircraft carrier as the U. S. S. Gerald R. Ford.
Sec. 1013. Transfer of naval vessels to foreign nations based upon vessel class.
Sec. 1014. Overhaul, repair, and maintenance of vessels in foreign shipyards.
Sec. 1015. Report on options for future lease arrangement for Guam Shipyard.
Sec. 1016. Assessments of naval vessel construction efficiencies and of effectiveness of special contractor incentives.
Sec. 1017. |
National Defense Authorization Act | Report on United States support for Operation Bahamas, Turks & Caicos.
Subtitle D—Force Structure and Defense Policy Matters
Sec. 1031. Improvements to Quadrennial Defense Review.
Sec. 1032. Quarterly reports on implementation of 2006 Quadrennial Defense Review Report.
Sec. 1033. Report on feasibility of establishing a regional combatant command for Africa.
Sec. 1034. Determination of Department of Defense intratheater and intertheater airlift requirements and sealift mobility requirements.
Sec. 1035. Presidential report on improving interagency support for United States 21st century national security missions and interagency operations in support of stability, security, transition, and reconstruction operations.
Subtitle E—Reports
Sec. 1041. Additional element in annual report on chemical and biological warfare defense.
Sec. 1042. Report on biodefense human capital requirements in support of biosafety laboratories.
Sec. 1043. |
National Emergencies Act |
(b)Source of savingsReductions required in order to comply with subsection (a) shall be derived from savings resulting from lower-than-expected inflation as a result of a review of the inflation assumptions used in the preparation of the budget of the President for fiscal year 2007, as submitted to Congress pursuant to section 1005 of title 31, United States Code.
(c)Allocation of reductionThe Secretary of Defense shall allocate the reduction required by subsection (a) among the amounts authorized to be appropriated for accounts in titles I, II, and III to reflect the extent to which net savings from lower-than-expected inflation are allocable to amounts authorized to be appropriated to such accounts.
1004. Increase in fiscal year 2006 general transfer authoritySection 1001(a)(2) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3418) is amended by striking $3,500,000,000 and inserting $5,000,000,000.
1005. |
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 | and
(2)by adding at the end the following new sentences: In the case of an authorization by law for the disposal of such a vessel that names a specific vessel as being authorized for such disposal, the Secretary of Defense may substitute another vessel of the same class, if the vessel substituted has virtually identical capabilities as the named vessel. In the case of an authorization by law for the disposal of vessels of a specified class, the Secretary may dispose of vessels of that class pursuant to that authorization only in the number of such vessels specified in that law as being authorized for disposal. .
1014. Overhaul, repair, and maintenance of vessels in foreign shipyardsSection 7310(a) of title 10, United States Code, is amended—
(1)by inserting or Guam in the subsection heading after United States; and
(2)by inserting or Guam after in the United States.
1015. |
National Defense Authorization Act | and
(2)by adding at the end the following new sentences: In the case of an authorization by law for the disposal of such a vessel that names a specific vessel as being authorized for such disposal, the Secretary of Defense may substitute another vessel of the same class, if the vessel substituted has virtually identical capabilities as the named vessel. In the case of an authorization by law for the disposal of vessels of a specified class, the Secretary may dispose of vessels of that class pursuant to that authorization only in the number of such vessels specified in that law as being authorized for disposal. .
1014. Overhaul, repair, and maintenance of vessels in foreign shipyardsSection 7310(a) of title 10, United States Code, is amended—
(1)by inserting or Guam in the subsection heading after United States; and
(2)by inserting or Guam after in the United States.
1015. |
National Defense Authorization Act for Fiscal Year 1991 | Obtaining carriage by vessel: criterion regarding overhaul, repair, and maintenance of vessels in the United States
(a)Acquisition policyIn order to maintain the national defense industrial base, the Secretary of Defense shall issue an acquisition policy that establishes, as a criterion required to be considered in obtaining carriage by vessel of cargo for the Department of Defense, the extent to which an offeror of such carriage had overhaul, repair, and maintenance work for covered vessels of the offeror performed in shipyards located in the United States.
(b)Covered vesselsA vessel is a covered vessel of an offeror under this section if the vessel is—
(1)owned, operated, or controlled by the offeror; and
(2)qualified to engage in the carriage of cargo in the coastwise or non-contiguous trade under section 27 of the Merchant Marine Act, 1920 (46 U. S. C. 883), section 12106 of title 46, United States Code, and section 2 of the Shipping Act, 1916 (46 U. S. C. App. 802). |
National Defense Authorization Act | Obtaining carriage by vessel: criterion regarding overhaul, repair, and maintenance of vessels in the United States
(a)Acquisition policyIn order to maintain the national defense industrial base, the Secretary of Defense shall issue an acquisition policy that establishes, as a criterion required to be considered in obtaining carriage by vessel of cargo for the Department of Defense, the extent to which an offeror of such carriage had overhaul, repair, and maintenance work for covered vessels of the offeror performed in shipyards located in the United States.
(b)Covered vesselsA vessel is a covered vessel of an offeror under this section if the vessel is—
(1)owned, operated, or controlled by the offeror; and
(2)qualified to engage in the carriage of cargo in the coastwise or non-contiguous trade under section 27 of the Merchant Marine Act, 1920 (46 U. S. C. 883), section 12106 of title 46, United States Code, and section 2 of the Shipping Act, 1916 (46 U. S. C. App. 802). |
National Defense Authorization Act | Obtaining carriage by vessel: criterion regarding overhaul, repair, and maintenance of vessels in the United States
(a)Acquisition policyIn order to maintain the national defense industrial base, the Secretary of Defense shall issue an acquisition policy that establishes, as a criterion required to be considered in obtaining carriage by vessel of cargo for the Department of Defense, the extent to which an offeror of such carriage had overhaul, repair, and maintenance work for covered vessels of the offeror performed in shipyards located in the United States.
(b)Covered vesselsA vessel is a covered vessel of an offeror under this section if the vessel is—
(1)owned, operated, or controlled by the offeror; and
(2)qualified to engage in the carriage of cargo in the coastwise or non-contiguous trade under section 27 of the Merchant Marine Act, 1920 (46 U. S. C. 883), section 12106 of title 46, United States Code, and section 2 of the Shipping Act, 1916 (46 U. S. C. App. 802). |
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 |
(B)Submission to CongressUpon the issuance of interim regulations under this paragraph, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives the interim regulations and a description of the acquisition policy developed (or being developed) under subsection (a).
(C)ExpirationAll interim regulations prescribed under the authority of this paragraph that are not earlier superseded by final regulations shall expire no later than June 1, 2007.
(e)Annual reportThe Secretary, acting through the United States Transportation Command, shall annually submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding overhaul, repair, and maintenance performed on covered vessels of each offeror of carriage to which the acquisition policy applies.
(f)DefinitionsIn this section:
(1)Foreign shipyardThe term foreign shipyard means a shipyard that is not located in the United States. |
Fiscal Year 2001 National Defense Authorization Act |
(B)Submission to CongressUpon the issuance of interim regulations under this paragraph, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives the interim regulations and a description of the acquisition policy developed (or being developed) under subsection (a).
(C)ExpirationAll interim regulations prescribed under the authority of this paragraph that are not earlier superseded by final regulations shall expire no later than June 1, 2007.
(e)Annual reportThe Secretary, acting through the United States Transportation Command, shall annually submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding overhaul, repair, and maintenance performed on covered vessels of each offeror of carriage to which the acquisition policy applies.
(f)DefinitionsIn this section:
(1)Foreign shipyardThe term foreign shipyard means a shipyard that is not located in the United States. |
National Defense Authorization Act |
(2)United StatesThe term United States means—
(A)any State of the United States; and
(B)Guam.
1018. |
National Defense Authorization Act | Riding gang member requirements
(a)Requirement for charters and contracts
(1)In generalThe Secretary of Defense may not award, renew, extend, or exercise an option to extend any charter of a vessel documented under chapter 121 of title 46, United States Code, for the Department of Defense, or any contract for the carriage of cargo by a vessel documented under that chapter for the Department of Defense, unless the charter or contract, respectively, includes provisions that allow riding gang members to perform work on the vessel during the effective period of the charter or contract only under terms, conditions, restrictions, and requirements that, except as provided in paragraphs (2) and (3), are substantially the same as those that apply under section 8106 of title 46, United States Code, as in effect immediately before the enactment of this Act, with respect to a vessel referred to in that section. |
National Defense Authorization Act for Fiscal Year 1994 |
(2) The Secretary shall determine intratheater and intertheater airlift mobility requirements (stated in terms of million ton miles per day) and sealift mobility requirements (stated in terms of tons) for executing the National Military Strategy with a low acceptable level of risk, with a medium acceptable level of risk, and with a high acceptable level of risk, for each of the following:
(A)Two overlapping “swift defeat” campaigns.
(B)The Global War on Terrorism.
(C)Baseline security posture operations.
(D)Homeland defense and civil support operations.
(E)Special operations missions.
(F)Global long-range strike missions.
(G)Strategic nuclear missions.
(b)ReportNot later than February 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report providing the mobility requirements determined pursuant to subsection (a). |